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HomeMy WebLinkAbout1995_07_19 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JULY 19, 1995, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD �r�i� MAMARC�CEC, NEW YORK 0■4 Il� \ Present: Thomas E. Gunther, Chairman RFC�n�� Patrick J. Kelleher 4Ji two Arthur Wexler PATIO 'cut .� Absent: Nina Recio % *mawtu. •�V J. Rene Simon S ° Also present: Steven M. Silverberg, Counsel William E. Jakubowski, Building Inspector Lori Fletcher Kazazes & Associates 250 East Hartsdale Avenue Hartsdale Avenue Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Gunther at 7:51 PM. He explained to those in attendance that with two members absent any action, favorable or unfavorable, required a unanimous vote and that any applicant could adjourn his matter if he so wished. APPLICATION NO. 1 - CASE 2170 The Secretary read the application as follows. Application of Robert and Ann Caserta requesting a variance from Section 89-44 D to maintain a fence measuring 5.0 to 6.0 feet and a fence/wall in the southeast corner of 9.0 feet in height where 4.0 feet is the maximum permitted for a residence in an R-7.5 Zone District on the premises located at 5 Birch Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Lot 679. The applicants were not present. On motion of Mr. Kelleher, seconded by Mr. Wexler the matter was adjourned to the August meeting. APPLICATION NO. 2 - CASE 2178 The Secretary read the application as follows. Application of John and Shawn Nagel requesting varianr .s frown Sections 89-33 B(2) (a) and 89-33 B(2) (b) to construct a second-floor addition with side yards of 5.8 feet and 9.3 feet respectively where 10.0 feet is required and a total side yard of 15.1 feet where 25.0 feet is required. Further, the addition increases the side yard of 15.1 feet where 25.0 feet is required. Further, the addition increases the extent by which the Zoning Board of Appeals July 19, 1995 -1- building fails to meet such area requirements pursuant to Section 89-57for a residence in an R-10 Zone District on the premises located at 729 Forest Avenue and known on the Tax Assessment Map as Block 220 Lot 407. Shawn Nagel, 226 South Ridge Street, Rye Ridge, New York, appeared with his wife. He stated that he wanted to enlarge his small childhood home to have more roam for a growing family. After review, on motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were proposed and adopted unanimously, by a vote of 3-0. 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; 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. Kelleher, seconded by Mr. Wexler, the following resolutions were adopted unanimously, by a vote of 3-0. WHEREAS, John and Shawn Nagel have submitted an application to the Building Inspector, together with plans to construct a second-story addition on the premises located at 729 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Lot 407; 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 Sections 89-33 B(2) (a), 89-33 B(2) (b) , and 89-57; and WHEREAS, Mr. and Mrs. Nagel submitted an application for variances to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs Zoning Board of Appeals July 19, 1995 -2- any detriment to the neighborhood if the variance sought is granted and also finds as follows: 1. The plans do not call for an increase in the footprint of the house while providing more suitable space for living. 2. Adding a second-story brings the house more in line with the Zoning Code for the R-10 Zone District with respect to minimum mum square footage. 3. The aarlition is the minimum mu necessary sssary to alleviate the difficulty. 4. The other houses in the neighborhood are two-story ones. The addition will make the house more suitable to its setting. 5. The granting of these variances 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. 6. The variances are the minimum to alleviate the difficulty detailed in the application yet also preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 7. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by John and Shawn Nagel for variances from Section 89-33 B(2) (a) , 89-33 B(2) (b) and 89-57 for side yards of 5.8 feet and 9.3 feet and a total side yard of 15.1 feet located at 729 Forest Avenue Street, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Lot 407 be and the AmP is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within thirty (30 days of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 2. The building permit shall be void if construction is not started within six (6) months and completed within two (2) years of the date of said permit. 3. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. Zoning Board of Appeals July 19, 1995 -3- APPLICATION NO. 3 - CASE 2179 At the written request of Mr. Miralia, on motion of Mr, Kelleher, seconded by Mr. Wexler, the application was adjourned to the August meeting. APPLICATION NO. 4 - CASE 2180 The Secretary read the application as follows. Application of Paul Turovsky & Monica c`asey requesting a variance frcan Section 89-44 D to construct a 6.0 foot-high fence along the rear lot line where 4.0 feet is the maximtm, permitted for a residence in an R-15 Zone District on the premises located at 50 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Lot 708. No one was available in the room for this matter at this time so it was put off until later in the meeting. APPLICATION NO. 5 - CASE 2181 The Secretary read the application as follows. Application of Mr. and Mrs. Robert Stavis requesting variances frcan Section 89-30 B(2) and 89-30 B 3(b) to construct a new entry, attached garage, breezeway and greenhouse to the existing carriage house, which will become part of the principal structure. The new, combined structure will have a side yard of .9 feet where 35.0 feet is required. (Absent the attachment, the garage entry structure would have a side yard of 30.0 feet where 35.0 feet is required.) The new greenhouse would have a side yard of .9 feet where a minimum of 5.0 feet would be required should the attaching breezeway be removed. Further, the combined garage, breezeway and house and the greenhouse increase the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-50 Zone District on the premises located at 211 Hammocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 77. Dean Davis, architect, appeared with Mr. Stavis. He stated that the impact of the setback was actually minimal. The garage will replace an existing two-car garage with servants' quarters above. It will have storage above the car area and will be built in character with the house. The greenhouse will be built on part of the foundation of a former greenhouse and will be a simple one manufactured by Lord and Burnham. Mr. Davis stated that the property is next to a 60-foot wide preserve cooperatively owned by the neighborhood which is permanently reserved for homeowners access to Long Island Sound and that the property is elevated at least 20 feet. Mr. Jakubowski stated that the house is not in a flood zone. Mr. Stavis stated that he had bought the house in April. After review, on notion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were proposed and adopted unanimously, by a vote of 3-0. Zoning Board of Appeals July 19, 1995 -4- 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; 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. Kelleher, the following resolutions were adopted unanimously, by a vote of 3-0. WAS, Mr. and Mrs. Robert Stavis have submitted an application to the Building Inspector, together with plans to construct a new entry, attached garage, breezeway and greenhouse attached to the carriage house which will be part of the principal structure on the premises located at 211 Hicks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 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 Sections 89-30 B(2) , 89-30 B 3(b) , and 89-57; and WHEREAS, Mr. and Mrs. Stavis submitted an application for variances to this Board for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variance sought is granted and also finds as follows: 1. The greenhouse will be reconstructed in the Game location as a former greenhouse structure, will be similar in nature and shape, and with a smaller footprint. 2. The garage structure as designed suits the character of the neighborhood. 3. The setback variance for the garage, 30 feet, is small in nature in relation to the 35-foot side yard requirement and to the overall size of the parcel. 4. There are no adjacent neighbors on the side of the property in question, as there is a 60-foot-wide natural (unpaved) reserve for neighbors' access to Long Island Sound. Zoning Board of Appeals July 19, 1995 -5- 5. There are other properties on Hammocks Road with greenhouses close to the property line. 6. The granting of these variances 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. 7. The variances are the minimim, to alleviate the difficulty detailed in the application yet also preserve and protect the character of the neighborhood and the health, Gafety and welfare of the community. 8. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land and/or building, and the variances granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Mr. and Mrs. Robert Stavis for variances fran Section 89-30 B(2) , 89-30 B 3(b) and 89-57 for a side yard of .9 feet for the entry, garage, breezeway and carriage house attached to the principal structure located at 211 Hammocks Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Lot 77 be and the same is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within thirty (30 days of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 2. The building permit shall be void if construction is not started within six (6) months and completed within two (2) years of the date of said permit. 3. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ***** APPLICATION NO 4 - CASE 2180 Mr. Turovsky had arrived and presented his application. He stated that his rear neighbor had a pool which was used frequently. A 4-foot, chain link fence exists on the property line with this neighbor and is used as part of the perimeter fencing for said pool. Mr. Turovsky felt that his children could too Pasily climb such a fence, and he also sought privacy fran these neighbors. He stated that his property slopes, that his backyard is lower than that of his neighbors, that the pool is close to the rear property line, and that it appeared to him that the hinge on the gate with the self-locking mechanism for the pool gate does not always work. Zoning Board of Appeals July 19, 1995 -6- Jeanne Trenholm, 117 Rockland Avenue, a near neighbor, stated that she was aware of this pool and that its users created a big nuisance. The Board was reluctant to approve Mr. Turovsky's plan to attach the proposed stockade fence to the existing lower chain link fence posts. Mr. Jakubowski stated that weather conditions and strain could cause an unsteady effect and pointed out that facing the stockades out would result in at least three horizontal supports which would afford children a 21/2 inch toehold. He stated that the placement of the fence and possible adverse possession was a matter about which Mr. Turovsky should consult his lawyer. After review, on motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were proposed and adopted unanimously, 3-0. 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. Kelleher, seconded by Mr. Wexler, the following resolutions were ADOPTED unanimously, 3-0. WHEREAS, Paul Torovsky and Monica Casey have submitted an application to the Building Inspector, together with plans to construct a 6-foot fence on the premises located at 50 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Lot 708; 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 89-44 D; and WHEREAS, Mr. Turovsky and Ms. Casey submitted an application for a variance to this Board for the reasons set forth in such application; and WAS, this Board has examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a hearing thereon; and WHEREAS, the Board finds that the benefit to the applicant and the special circumstances and/or conditions applying to the land far outweighs any detriment to the neighborhood if the variance sought is granted and also finds as follows: 1. The applicants have experienced a safety concern with respect to a pool located closely adjacent to their rear yard. Zoning Board of Appeals July 19, 1995 -7- 2. A six-foot high fence will afford the applicants a greater amount of comfort with regards to the nearby pool. 3. The granting of this 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. 4. The variance is the minimtm, to alleviate the difficulty detailed in the application yet also preserves and protects the character of the neighborhood and the health, safety and welfare of the community. 5. The strict application of the Zoning Ordinance and the Town Code would deprive the applicants of the reasonable use of the land/or building, and the variance granted by this Board will enable such reasonable use. NOW, THEREFORE, BE IT RESOLVED, that an application to the Board by Paul Torovsky and Monica Casey for a variance from Section 89-44 B for a 6.0-foot fence at the rear of the property, located at 50 Eton Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Lot 708 be and the qAmP is granted, subject to the following conditions. 1. The fence shall be a double-faced stockade fence. 2. Said fence shall not be attached to any of the members of the existing 4-foot chain link fence at the rear of the property. 3. The applicant shall obtain a building permit within six (6) months of the filing of this Resolution 4. The building permit shall be void if construction is not started within six (6) months and completed within two (2) years of the date of said permit. 5. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ***** APPLICATION NO. 6 - CASE 2182 Mr. Gunther read a letter from the Pressmans' lawyer requesting an adjournment. On motion of Mr. Gunther, seconded by Mr. Kelleher, this matter was unanimously adjourned to the August meeting. Zoning Board of Appeals July 19, 1995 -8- APPLICATION NO. 7 - CASE 2183 Mr. Gunther read a letter from the McSherrys' architect stating a withdrawal. On motion of Mr. Kelleher, seconded by Mr. Gunther, this matter was unanimously adjourned to the August meeting. NEXT MEETING The next meeting of this Board will be held August 23, 1995. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Kelleher, the meeting was adjourned at 9:10 PM. Bonnie M. Burdick, Recording Sec'y