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HomeMy WebLinkAbout1990_01_24 Zoning Board of Appeals Minutes (2) MINUTES OF THE REGULAR MEETING OF THE • ZONING BOARD OF THE TOWN OF MAMARONECK • JANUARY 24 . 1990. IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST 1OAI) MAMARONECK. NEW YORK Present: Joel Negrin, Chairman , Thomas E. Gunther fkly \© J. Rene Simon :+ ,flG Arthur Wexler Absent: Patrick B. Kelleher Also Present: - Lee A. Hoffman, Jr. , Counsel William E. Jakubow=ski, Building Inspector Danielle Leo, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck. NY 10543 Bonnie M. Burdick. Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:22 PM. Q Mr. Negrin explained that in Mr. Kelleher's absence a majority of three votes was required for action. He stated. that any of the applicants could. adjourn their applications. APPROVAL OF MINUTES Since Mr. Gunther had not received his minutes in a timely fashion. the approval. of minutes was put over until the next meeting. Mr. 1-Toffm:vi asked the Board to check the language in the Hi-Tech resolution carefully. APPLICATION NO. 1 - CASE 952 The Ro irding Secretary read the application as follows: Application of Mr. and Mrs. W. Krapin requesting a variance from Section 49-33 B(7) to reduce the rear yard from 25.0 feet required to 18.() feet. in an R-10 Zone District, to retain a rear deck on the premises located at. 775 Forest Avenue and known on the Tax Assessment Map of the Tcl.m of Mamaroneck as Block 210 Parcel 25. Paul w. Meyer.. Jr. , attorney, appeared with Mrs. Krapin. He stat,>, That the deck was in place when the Krapins purchased the house. The contractor that they hired to renovate it did not obtain the proper: permits. The Planning Board had granted the Krapins a Freshwater ® Wetlands and Water Courses permit pending the filing of a survey s'howing topographical information. January 24, 1990 -2- On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. William Krapin have submitted an application to the Building Inspector, together with plans, to retain a deck on the premises located at 775 Forest Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 210 Parcel 25; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-33 B(3) ; and WHEREAS, Mr. and Mrs. Krapin submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; • NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The deck was in existence prior to the applicants purchase of the house. 2. The work done was in the nature of repair. 3. The property has a severe topographic feature. A deck is the only feasible use of the yard. 4 . It would be a financial hardship to remove the deck. 5. The deck does not interfere with the enjoyment of their property by adjacent property owners because of the severe grade. 6. The deck is not obtrusive to neighbors on either side. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. January 24, 1.990 -3- 8. The granting of the variance is in harmony with the S general purposes and. intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare: and. 9. The strict application of the Zoning Ordinance and lawn Code would deprive the applicants of the reasonable use of the land and/or building and that the variance ;te ' by this Board will accomplish this purpose: and it is FURTHER RESOLVED. that a. variance is hereby granted and that Section 89-33 B(3) of the Zoning Ordinance he varied and modified so as to llow the retention at a deck on the premises located at 775 P:'est Avenue and known on the Tax Assessment Map of the Town of Mamaroneck :Is Block 210 Parcel 25 in strict conformance with the plans `i ' `rl with this application and any conditions set forth. in these c -olutions. provided that the applicants comply in all otter ;f respects with the Zoning Ordinance and Building Code of the Town. of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the [ t'w clerk and in accordance with Section 89-73 of the Zoning Ordinance, the huilding permit ::hall he void if construction. is not stzr tc" ? six months and completed within two years of the date of said hermit :: and it is eFURTNER RESOLVED. that. this decision he filed with the Town Clerk as r; awided in `,e•c t ion 267 of the Town Law. APPLICA'l TON NO. 2 - CASE 953 The Recording secrer .lry read the application as follows: Application of `tr. and Mrs,. D. Burrell requesting variances from •a_c--. ion 99-35 PtIl to reduce the front yard from 30.0 feet required to 15 .26 feet. - arui Section tii. n 89-35 (2) (h) Cc reduce the total sire yard from 18.9 required to 1.7. 11 feet for the. proposed construction of a side addition which will increase the extent by which the exi.ryting structure f:,i1 , to conform pursuant to Section 89-57, in an. R-6 Zone District.. on the premi es located at 2 Senate Place and known on tl?e Tax Assessment PHo of the Town of Mamaroneck as Block 1.12 Parcel. 643. 1!: w.,i , Mahe. architect. appeared on behalf of the applicant . lie Ht .Jed that the Furrel.ls were a young family with. one child seeking to build. a farm I-, roam with a breakfast area and t.o move the driveway. Mr . I`;'.cI.e stated that the front addition will not increase the front setback. No tree -.e will he removed, and the driveway will always be at least f i'. c feet fton the lot line. • • January 24 . 1990 -4- On moti 'm ir. Wexler. seconded by NY. (Ainther, it was unanimously ElSSOLVfT . that the Zoning Board of Appeals is the Lead Agency and solely esponsiblc for determining whether the proposed action may have j sienificant impact on the environment; and it is ML vrsoLvED, that this is a Type TI Action having no signjfieaut impact on the envirenment as determined. by New York St a:' er eorresponding local law. therefore requiring no further Act-L,1 uniet- SECRA. On motii,n Ir. Gunther. seconded, by ^fr. Simon. the following adopted; ,f1EREAS . Mr. and Mrs . D. Burrell 1-wve submitted an application to Li B,JiLlin Inspector. together with plans. for a side addition on the remises i.00 teH at 2 Senate Place. and: known on the Tax cf the. To‘m. of Mamtoneek as Block 112 Parcel 643 ; !J11E17F:.,j , the BrAldiw: -Inspector has declined to issue such permit on. tfir ;..1 -,10-11s -hat th:. p1;11-1[; ;;1111mtted failed to comply with the Town Zr;ling Ordinance with p.,Irtictilar reference to SecJ,ions 2,( 11 . (2)(b) ind W)-57 ; and t r-r. and Mrs. Burrell submitt_ed an application for a (-) this Beai1 on the grounds of practical difficulty and/or eere - s. ry hard7;hio for the reasons set Forth in such applicateHm rh i Boz,rd 4a3 examined -he plans. reviewed the application and heard all persons interested -in this application, after publiLation of 4 notiee thereof: RI TT T7TSelNfl. that this Board finds that: there are special circenstAnces eenditiens applying to the land for which the variance is •soneht .-,r1 the following grounds: The let-. appears te be non-confirming. The first flor aria will more closely conform wwwwwith he lino] aiea requirements in an P-6 District. adelirion is tin ,-..loser to the front yard than the hwr3e. now. The seteeted aLea tripe:;vs to he the only place where the hou,sc c'en7d mien and to he the least obtrusive site. After the additi.on the ,eide yard will still meet time siel yard reoifemefit . January 2(, . 1990 -5- 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the variance is in harmony with the general purposes and. intent of this Ordinance and will not he injurious to the neighborhood or otherwise detrimental to the public welfare: and 3. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance o.r ant; :! by this Board will accomplish this purpose; and it is • FURTHER RESOLVED. that a variance is hereby granted and that Sections 89-35 B(1) . 89-35(2)(b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a F:irt7, -Lddition on the premises located at 2 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parce '. 643 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions. provided that the applicants comply in all other respects with the Zoning Ordinance and Building Cede of the Town of Mamaroneck: and it is t[RTHER RESOLVED. that the following conditions shall attach to the ;r,-;:.,nc-E. A. The applicant shall make every effort to save the existing trees. B. This approval is for only one story. FURTHER RESOLVED. that the applicant shall obtain a. buil.dinc 1.•e7uit. within six months of the Filing of this Resolution with the Town. Clerk and in accordance with Section 39-73 of the Zoning (fr r ll nee, the building permit shall he void if construction is not started within six months and completed within two years of the data- ,_r- said. permit: and it is l URTiTER RESOLVED. that this decision be filed with the Town Clerk as oro led in Section 267 of the Town Law. APPLICATION ` 0. 3 - CASE 954 The Recording Secretary read. the application as follows: Appli ;tion of Mr. and Mrs. Robert Sickles requesting a variance Section 39-33 B(2)(a to reduce the side yard from 10.0 feet required to 6.0 fet for the proposed construction of n rear addition which w.. It increase the extent. by which the structure fails to conform pursuant to • Section t'9-57, in. an E-l0 zone District, on the premises located Clover Street and 'known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 695. January 24 , 1990 -6- Joel Reiliy, architect. aPpeared on behalf of the application. He • Sickles wish to enlarge their kitchen and are adding less than 12 square feet - small percentage of the total area. The stairs to the hassent are being relocated, and the windows are being placed at an angle so that they do not overlook the neighboring house's many windows on. that side. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously Rf'3OLVED, that the Zoning Board of Appeals is the Lead Agency solely responsible for determining whether the proposed action may nave a significant impact on the environment and it is EUETHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined. by Nei, V•-. :-,tate or corresponding local law. therefore requiring no further action under SEC:TA. On. motion of Mr. Simon, seconded. by Nt Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Sickles have submitted an application to the Building Inspector. together with plans to construct a rear .14:ttion on the premises located at 50 Clover Street and known on the Tax Assessment Nap of the Town. of Mamaroneck. as Block 218 Parcel And WHEREAS. the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with of Mamaroneck Zoning Ordinance with particular reference to Sections -33 B(2)(a) and 89-57 : and WHEREAS, Mr. and Mrs. Sickles submitted an application for a ance to this Board on the grounds of practical difficulty ;: I for unnecessary hardship for the reasons set forth in such. application: WHEREAS. this Board. has examined the plans, reviewed the application has heard all persons interested in this application nfter publication of a notice thereof: 7Y'w, THEREFORE. BE TT RESOLVED. that this Board finds that there are special circumstances and/or conditions applying to the land for which the variale songht on the following grounds: 1. Respecting the 10 foot side yard requirement doe. injure the design aspect ?. The lot is very irregularly :;'llaped with a grade. The non-conforming part of the addition is approximately 12 square feet. January 24 , 1990 -7- 4 . The design includes a sensitive treatment for the • facing the neighboring house which has a number of windows facing this=. house. 5. It was not possible to build in the space within five feet of the garage. 6. The addition does not appear to be out of character with the surrounding; area. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 8. The :ranting of the variance is in harmony with the general purposes and intent of this Ordinance and not he injurious to the neighborhood or otherwise detrimental to the public welfare: and 9. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonah r- le,,e of the land and/or building and that the variance granted. by this Board will accomplish this purpose: and it is FURTHER RESOLVEU, that a variance is hereby granted and that -tions 89-33 B(2)(a) and 89-57 of the Zoning Ordinance be - 1.. ed and modified so as to allow the construction of a rear addition on the premises located at. 50 Clover Street and known on the Tae © .Assessment Map of the Town of Mamaroneck as Block 218 Parcel 695 in ;tri _t. conformance with the plans filed with this application and guy conditions set forth in. these resolutions. provided that the applicants comply in. all other respects with the Zoning Or:-!=.: ;r: e and Building Cede of the Town of Mamaroneck; and it is t -JEFR RESOLVED. that the following conditions shall attach ? 1 the I . The addition shall be one story only. 2. The overhang on the addition should not be great -., the existing overhang, t UFTEER RESOLVED. that the applicant shall obtain„a buildin: :uir within six months of the filing if this Resolution with the Town. Clerk and in accordance with. Section C)'.1-73 of the Zoning OrcHe nee, the building permit shall he void if construction. is not started six months and completed within two rears of the &te f permit; and. it is ht'RTITER RESOLVED. that this decision be filed with the Town. Clerk as n -,)vided in Section 267 of the Town LAIC. January 24, 1990 -8- APPLICATION NO. 4 - CASE 955 ® The Recording Secretary read the application as follows: Application of Robert E. Bridges requesting a variance from Section 14-48 A-1 to reduce the side yard for the proposed construction of a spa, considered a pool under this Building Code, from 15.0 feet required to 6.0 feet, in an R-5- Zone District, on the premises located at 211 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Parcel 77. Mr. Bridges appeared on behalf of his application. He stated that he wanted to build a hot tub within an existing greenhouse structure. It is near the lot line but 65 feet to the nearest neighbor because there is a reserve between the houses for the use of everyone on Hommocks Road. The variance is necessary because of the depth of the water in the tub. Mr. Bridges wants to heat the tub using a gas line run from the garage. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further • action under SEQRA. On motion of Mr. Wexler. seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS. Robert E. Bridges has submitted an application to the Building Inspector, together with plans, on the premises located at 211 Hommocks Road and known on the Tax Assessment Map of the Town of *iamroneck as Block 417 Parcel 77: and WHEREAS. the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 14-4 8 A-1 ; and WHEREAS. Mr. Bridges submitted an application. for a variance to this Board on the grounds of practical difficulty and/or unnecessary hard. hip for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application. and has heard all persons interested in this application after publication of a notice thereof: NOW. THEREFORE, BE IT • January 24. 1990 -9- RESOLVED. that this Board finds that there •are special circuo t ;n._es • knd/Or conditions applying to the land for which the variance is sought on the following grounds: 1. The spa is to he installed. in an existing structure elevated 15 feet above the adjacent land and does not impact on the adjacent property. 2. The structure is more than 100 feet from Long Isl}nc! Sound. 3 . The site is an irregularly shaped lot. 4 . The only reason that a variance is necessary is berrus.e of the depth of the spa. 3. Removing the greenhouse would cause the installation of a more obtrusive structure. 6. The side lot line is adjacent to a reserve. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the appli_cati_on. 3. The granting of the variance is in harmony with. the general purposes and intent of this Ordinance and will not he injurious to the neighborhood or otherwise detiimenta3. ® to the public welfare: and '). The strict application of the Zoning Ordinance and totm Code would deprive the applicants of the reasonable use of the land and/or building and that the variance gr:.:rte by this Board will accomplish this purpose; and it. is FURTHER RESOLVED, that a variance is hereby granted and that Se: t.ion 14-43 A-1 of the Zoning Ordinance be varied and modified so as to allow the construction of a spa, considered a pool. on the nr-emi� es located at 211 Ilommocks Road and known on the Tax Assessment Map of Fhe Town of Mamaroneck as Block. 417 Parcel 77 in strict con.fn mince_. • with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants c:omryly n. all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the roa ;1 Clerk and in accordance with Section 89-73 of the Zoning Ordinance. the building permit shall he void if construction is not. started - withi_n six months and. completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision he filed with the Town. Clerk as - • provided in Section 267 of the Town Law. January 24, 1990 -10- APPLICATION NO. 5 - CASE 956 OThe Recording Secretary read the application as follows: Application of Ms. P. Konvalinka requesting a variance from Section 89-33 B(2)(a) to reduce the side yard from 10.0 feet required to 4.3 feet to retain a two-level rear deck which increases the extent by which the structure fails to conform pursuant to Section 89-57, in a Residence R-10 Zone District. on the premises located at 125 East Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel. 201 . Mark Mustacato, architect, represented the applicant. He stated that Mrs. Konvalinka had bought the house about 23 years ago including the deck. About 10 years the deck had been rebuilt and extended one foot deeper and closer to the property line. Mr. Mustacato stated that it would he difficult to remove the deck. Said deck is 3'6" high. Mr. Negrin noted that on the encroaching side of the deck considerable shrubbery separates this yard and that of the neighbors. The neighbor has placed garbage pails there. Valerie Martin of 1 East Brookside Drive appeared in opposition. She stated that she has been a neighbor for 12 years. When people sit on her patio. they are overlooked by people on Mrs. Konvalinka's deck. Mrs. Martin said that just because the deck has existed for so long it does not mean that it is right. C The Board had several several suggestions for amelioration such as moving the railing or allowing the use of the deck for the life of this deck. However, it decided that it wanted to view the deck from Mrs. Martin's property. On motion of Mr. Wexler, seconded by Mr. Gunther, the Board unanimously decided to adjourn the matter. Mrs. Konvalinka agreed to the adjournment . . ADJOURNMENT A brief adjournment was declared at 10:05. The meeting was re-opened at 10:10. APPLICATION NO. 6 - CASE 957 The Recording Secretary read the application as follows: Application of Mr. and Mrs. S. Katz requesting variances for the proposed construction of a pool with deck and also to retain a rear addition The pool as proposed would have a side yard of 9.0 feet from the edge of the pool deck and a yard of 5.0 feet from the principal structure to the pool deck where 15.0 feet is required pursuant to Section 14-48 A(1) and the pool deck would have a rear yard of 5.0 feet where 20.0 feet is required pursuant to Section 14-48 A(2) . The rear addition as exists has a rear yard of 37.2 feet where 40.0 feet is required pursuant to Section 89-31. B(3) and has resulted in an increase in the extent by which the building Q fails to conform pursuant to Section 89-57, in an R-20 Zone District. on the premises located at 5 Wagon Wheel. Road and known on the Tax Assessment. Map of the Town of Mamaroneck as Block 333 Parcel 1448. January 24, 1990 -11- Mr. and Mrs. Sheldon Katz appeared on behalf of the application. Mrs. Katz presented renderings of the pool. She stated that, because of rock, IDconstruction would only go down 21 feet. The pool would be completely shrubbed. and the lights would shine only on the pool itself. The pool drawings are on the diagonal to blend with the house. Mr. Jakubowski explained that a variance had been granted for the solarium about 15 years ago. The terms and conditions have now expired. Mr. Jakubowski stated that the plans are fine now. Discussion resumed about the pool. Mr. Wexler pointed out that an alley was being created between the pool and the house. Mr. Negrin stated that building the pool closer to the house would have less of an impact on the neighbors and that he would prefer to see plans that were less intrusive to the neighbors. He also wanted an engineer's report from the applicant as the drainage system was not shown on the .plans submitted. Mr. Wexler stated that the pool would be 1500 square feet in dimension. Mrs. Romer. of 3 Wagon Wheel Road objected to the increase in runoff of the surface water which would result. There has always been a problem, and with less permeable surface. she felt a depression in the land could occur. John and Mary Jane Helmrich of 7 Wagon Wheel Road objected to a pool as a danger for their three young sons, because of the drainage problems and as an intrusion on their privacy. Mr. Katz stated that he would install a child-proof-fence. 0 Mr. Simon requested photoes of the rear yard, and Mr. Gunther stated that he had a teal concern about the encroachment of the pool on the size of the yard. On motion of Mr. Gunther. seconded by Mr. Wexler, and with agreement of Mr. and. Mrs. Katz. the decision on the pool was unanimously adjourned to the next meeting. Mr. Negrin request a response to the concerns about drainage. photoes of the rear yard and. more complete drawings. The Board. returned to the issue of the solarium. On. motion of Mr. Wexler. seconded by Mr. Simon, it was unanimously RESOLVED. that the Zoning Board. of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED. that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. • January I T)0 -12- On nay`_rion of Mr. Simon, seconded by Mr. ate:•:ler the following l e I,. :i!)n5 were unanimously adopted: WHEREAS. Mr. and Mrs. S. Katz have submitted an application to the Building Inspector. together with plans, to retain a rear a+ddtion on the premises located. at 5 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamron.eck as Block 333 Parcel 1 '1'! : and WHEREAS. the Building Inspector has declined to issue such permit on • Hip grounds that the plans submitted failed to comply with thP iown of Mamaroneck Zoning Ordinance with particular reference to Section ::9-31 B(3) and 89-57 ; and t:HEREAS. Mr. and Mrs. Katz submitted. an application for a variance c this Board on the grounds of practical difficulty and/or unneeessary- hardship for the reasons set forth in such application: a n d vHEREAS. this Board has examined. the plans, reviewed the application and has heard all persons interested in this application r publication of a notice thereof: to THEREFORE. BE Ti RESOLVED, that this Board finds -that there are special circumstances :Indior conditions applying to the land for which the variance i_.= • sought on the following grounds: 1 . The construction renovated an existing room. Only re,-}airs were done with no increase in the density. . 2. The room is in line with the rest of the rear watt 1 the house. Removing the room would create a hardship. '., . The encroachment amounts to only 25 square feet. 5 . The variance granted i..s the minimum to alleviate the • practical difficulty detailed in the application . The granting of the variance is in harmony with the general purposes and intent of this Ordinance and wil ! not be injurious to the neighborhood or otherwise detrimental to the public welfare: and 7 . The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable v..e of the land and/or building and that the variance granted. by this Board will accomplish this purpose; and it is • -13- H L 'HER RESOLVED. that a variance is hereby granted and that Sections 89-31 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a rear addition on thy. • premises located at 5 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 1448 in strict conformance with the plans filed with this application and any conditions set forth in. these resolutions, provided that. the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the T. l,n Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall he void if construction is not st.-.rte+i within six months and completed within. two years of the date of said Hermit: and it is FURTHER RESOLVED, that this decision he filed with the Town. Clerk as provided ded in Section 267 of the Town Law. APPLICATION NO. 7 - CASE NO. 958 The Recording Secretary read the application as follows: • Application of Mr. and Mrs. G. Musilli requesting a variance from Seation 89-67 B to retain unenclosed paved areas for off-street parking. The © paved areas are developed 2.0 feet from the easterly property lira- a.i.d 0.6 feet from the northerly property line where 5.0 feet is required., in an R-7;O Zone District, on the premises located at S Evergreen Lane Ja.t known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Parcel 23. Mr . Musilli appeared on behalf of the application. He stated. that after building his house he discovered that he hart could not fit his car i-it:o his garage. Mr. Jaku.bowski stated that on the adjacent area on the lot next door - Lot 24 - no structures could be built as the area is designated for drainage. on motion of Mr. Wexler, seconded. by Mr. Gunther, the Board. unanimously 1;1. ,>01 STUD, that the Zoning Board of Appeals is the Lead Agenca aao ;r>tely responsible for determining whether the proposed action may :avr a significant impact on the environment: and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New Yc r'. ,ta`e or corresponding local Jaw. therefore requiring no further Iction under SE0R4. January 24, 1990 -14- On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. G. Musilli have submitted an application to the Building Inspector, together with plans, to retain unenclosed paved areas for off-street parking on the premises located at 8 Evergreen Lane and known on the Tax Assessment Map of the Town of Mamroneck as Block 309 Parcel 23; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-67 B; and WHEREAS, Mr. and Mrs. Musilli submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. Access and egress from the garage is not possible without a variance. 2. The lot is irregularly shaped, and is only 25' wide at the street. 3. The paving as finished confirms with the Building Permit which was issued. 4. The northerly lot line faces an area where building is prohibited. 5. On the easterly side a paved area would be inobtrusive as it would be adjacent to a long driveway. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 8. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is . • January 24, 1990 -15- ® FURTHER RESOLVED, that a variance is hereby granted and that Section, 89-67B of the Zoning Ordinance be varied and modified so as to allow the retention of an unenclosed paved area for off-street parking on the premises located at 8 Evergreen Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Parcel 23 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions. provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 8 - CASE NO. 959 The Recording Secretary read the application as follows: • Application of Constance Friend Fergenson requesting a variance from Section 89-32 B(2)(a) to reduce the side yard from 10.0 feet required to 5.0 feet to retain an enclosed side porch, and further the existing structure increases the extent by which the structure fails to conform pursuant to Section 89-57. in an R-15 Zone District, on the premises located at 7 Meadow Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 231. Harold Raabe, architect, appeared on behalf of the application. He stated that a porch had been in existence for 60 years and was enclosed, without a Certificate of Occupancy, about 30 years ago. A variance is necessary to complete the sale of the house. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and. it is FURTHER RESOLVED, that this is a. Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. • January 24, 1990 -16- • On motion of Mr. Wexler, seconded by Mr. Simon, the following ® resolutions were unanimously adopted: WHEREAS, Constance Friend Fergenson has submitted an application to the Building Inspector, together with plans, to retain an enclosed porch on the premises located at 7 Meadow Place and known on the Tax Assessment Map of the Town of Mamroneck as Block 405 Parcel • 231 WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-32 B(2)(a) and 89-57; and WHEREAS, Ms. Fergenson submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in sucji_application; end WHEREAS, this Board has examined. the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. Removing the structure would cause a financial hardship. 2. The existing porch has been there since 1931. 3. Enclosing the porch. does not cause any more of an encroachment. 4. The porch is consistent architecturally. 5. There is a substantial distance between the porch and the nearest neighbor. The porch is next to a driveway and garage. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application- 7. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and wi1. !. not he injurious to the neighborhood or otherwise detrimental to the public welfare; and 1110 1 January 24. 1990 -17- 8. The strict application of the Zoning Ordinance an0 • Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance .granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-32 B (2)(a) and 89-57 of the Zoning Ordinance he varied and modified so as to allow the retention of an enclosed side porch on the premises located at 7 Meadow Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 231 in strict conformance with the plans filed. with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall he void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law :t J;4J;J� ZONING; CODE CHANGES The Board discussed proposed changes to the Zoning Code which would eliminate some minor variances from the purview of this BOard and transfer them to the Building Inspector. ADJOURNMENT The meeting was adjourned at 12:35 AM. Bonnie M. Burdick •