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HomeMy WebLinkAbout1994_06_29 Zoning Board of Appeals Minutes ` 17 /6\ r- I MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JUNE 29, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD Vail% MAMARONECK, NEW YORK ‘( Present: Thomas E. Gunther, Chairman v0®g� Patrick J. Kelleher c 5' ii�°,oG��o���� Chl Nina Recio Arthur Wexlercfol 4,`?' lesof Absent: J. Rene Simon 9 Also Present: John Kirkpatrick, Counsel Michelle Bonsteel, Assistant Building Inspector Lori Fletcher, Public Stenographer Kazazes & Associates 250 Fast Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Gunther at 7:32 PM. Mrs. Burdick told Mr. Gunther that Application No. 6 had been withdrawn. APPLICATION NO. 1 - CASE 2113 The Secretary read the application as follows. Application of Mr. and Mrs. Jay Cohen requesting a variance from Section 89-34 B(2) (a) to maintain a side platform and stairs with a side yard of 5.0 ft. where 10.0 is required; and, further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-7.5 Zone District on the premises located at 6 Highwood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Lot 432. Jennifer Christman (Mrs. Cohen) appeared. She stated that the applicants had replaced a dilapidated deck without knowing a Building Permit was necessary. If no deck were there, the kitchen would have to be reconfigured. After review, on motion of Mr. Gunther, seconded by Ms. Recio, the following resolutions were proposed and adopted unanimously, 4 - 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 Zoning Board of Appeals JUne 29, 1994 -2- 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 Ms. Recio, the following resolution was ADOPTED unanimously, 4 - 0. WHEREAS, Mr. and Mrs. Jay Cohen have submitted an application to the Building Inspector, together with plans to maintain a side platform and stairs on the premises located at 6 Highwood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Lot 432; 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 89-34 B(2) (a) and 89-57; and WHEREAS, Mr. and Mrs. Cohen 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 variances sought are granted and also finds as follows: 1. The present stairs were preceded by a set of larger, dilapidated stairs, installed by a previous owner several years ago. 2. The set of stairs is the only practical way of exiting the house via the kitchen door -- which is more than six feet off the ground.. 3. There is a letter of support from contiguous neighbors on record. 4. 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. Zoning Board of Appeals June 29, 1994 -3- 5. 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, safety and welfare of the community. 6 . 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. Jay Cohen for variances from Sections 89-34 B(2) (a) and 89-57 for a platform and stairs with a side yard of 5.0 feet on the premises located at 6 Highwood Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Lot 432 be and the same is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within six (6) months 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. 2 - CASE 2114 The Secretary read the application as follows. Application of John Cuddy and Diane Recio requesting a variance from Section 89-33 B(2) (a) to construct a rear deck with a side yard of 8 ft. 21/2 in. where 10.0 ft. is required; and, further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 11 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 313. Ms. Recio recused herself and left the roan. Mr. Cuddy appeared. He stated that he wanted to replace a dilapidated deck. The lot is nonconforming. Mr. Cuddy stated that the deck would have no effect on the neighbors; 20-25 feet of arbor vitae are next to the proposed site. The neighbors on the other side and to the rear have no objections. This deck would make the yard liveable as the property slopes 8-10 feet from North to South. Zoning Board of Appeals June 29, 1994 -4- After review, on motion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were proposed and adopted unanimously, 3 - 0 - 1, Ms. Recio recusing herself from the hearing and vote, Mr. Simon absent. 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. Gunther, the following resolution was ADOPTED by a vote of 3 - 0 - 1, Ms. Recio abstaining. WHEREAS, Ms. Recio and Mr. Cuddy have submitted an application to the Building Inspector, together with plans to construct a rear deck on the premises located at 11 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 313; 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) and 89-57; and WAS, Ms. Recio and Mr. Cuddy 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 variances sought are granted and also finds as follows: 1. The property slopes from north side to south side of the house and has a difficult back yard topographically, to use for recreation. 2. There is an appreciable distance, approximately 5 feet, from the exit of the house to grade. 3. The deck is no closer to the side property line than the existing house and less than the existing deck. * 4. The side of the house in question is heavily screened from the neighbors with evergreen plantings. Zoning Board of Appeals June 29, 1994 -5- 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 Cuddy and Diane Recio for variances from Sections 89-33 B(2) (a) and 89-57 for rear deck with a side yard of 8 feet 22 inches on the premises located at 11 Holly Place, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 313 be and the same is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within six (6) months 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. 3 - CASE 2115 The Secretary read the application as follows. Application of Joseph J. Gorman requesting a variance from 89-44D to maintain 32 lineal feet of 6-foot-high fence where 4.0 ft. is the maximum permitted for a residence in an R-7.5 Zone District on the premises located at 15 Wildwood Road and known on the Tax Assessment Map as Block 116 Lot 402. Mr. Gorman appeared. He has installed 32 linear feet of 4-foot fence with an extra, removable 2-foot lattice on the top. He stated that he and his family have been verbally harassed by his neighbors, and he sought privacy. The extra 2 feet have ameliorated his situation when a 4-foot fence did not. Mr. Gorman stated that if his neighbor moved or if he moved, he would remove the top 2 feet of the fence. Zoning Board of Appeals June 29, 1994 -6- After review, on motion of Mr. Wexler, seconded by Ms. Recio the following resolution was proposed and adopted unanimously; 4 - 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 SERA. On motion of Mr. Wexler, seconded by Ms. Recio, the following resolution was ADOPTED, 4 - 0. WHEREAS, Joseph Gorman has submitted an application to the Building Inspector, together with plans, to maintain 32 lineal feet of 6-foot-fence (four-feet height maxim►m, permitted) fence; and Wes, 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 on the premises located at 15 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Lot 402; and WAS, Mr. Gorman 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; WHEREAS the Board finds that the detriment to the health, safety and/or welfare of the neighborhood or community would outweigh the benefit to the applicant if the variance sought were to be granted and finds as follows: 1. The fence is in good taste and enhances the property. 2. The fence, for 22 linear feet, is very close to the adjacent property owner's garage wall. 3. The fence is not readily visible from the street. 4. The upper two feet of the fence is made of lattice and is a separate piece of fencing. Nos/ Zoning Board of Appeals June 29, 1994 -7- 5. 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. 6. The variance is 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 variance granted by this Board will enable such reasonable use. NOW, THEREFORE,ORE, BE IT RESOLVED, that an application to the Board by Joseph Gorman for a variance from Section 89-44 D to maintain 32 lineal feet of six-foot-high-fence on the premises located at 15 Wildwood Road, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Lot 402 be and the same is granted, subject to the following conditions. 1. The applicant shall maintain the fence as presented in the as-built drawings with a 4-foot lower piece and a separate 2-foot lattice top. 2. The applicant shall obtain a building permit within six (6) months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance. 3. 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. 4. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ***** APPLICATION NO. 4 - CASE 2116 The Secretary read the application as follows. Application of Louis Rubenzahl requesting variances from Sections 89-33 B(2) (a), 89-33B(2) (b) and 89-33 B(3) to maintain a screened porch with a side yard of 7.7 ft. where 10.0 ft. is required, a total side yard of 18.7 ft. where 25.0 ft. is required and a rear yard of 23.4 ft. where 25.0 ft. is required. Further, the addition as erected increased the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 52 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 412. Zoning Board of Appeals June 29, 1994 -8- Mr. Rubenzahl appeared. He stated that he had owned a lovely screened porch for as long as he had owned the house and which had been in place for at least 22 years. Refinancing had caused the problem to surface. After review, on motion of Mr. Gunther, seconded by Ms. Recio, the following resolutions were proposed and adopted 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; 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 Ms. Recio, seconded by Mr. Kelleher, the following resolutions were adopted unanimously, WHEREAS, Louis Rubenzahl has submitted an application to the Building Inspector, together with plans to maintain a screened porch on the premises located at 52 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 412; 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), 89-33 B(3) and 89-57; and WHEREAS, Mr. Rubenzahl has 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 applicants and the special circumstances and/or conditions applying to the land outweighs any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. The porch has existed at least 25 years, possibly 40. 2. The encroachment is on the side of the house and is less than that of the house itself. 3. The porch is very well screened with natural greenery plantings. 4. The lot is irregularly shaped. Were it a normally shaped one, no rear variance would be required. Zoning Board of Appeals June 29, 1994 -9- 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 minimim, 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 Louis Rubenzahl for a variance frcan Section 89-33 B(2) (a) , 89-33 B(2) (b) , 89-33 B(3) and 89-57 to maintain a screened porch with a side yard of 7.7 feet, total side yards of 18.7 feet and a rear yard of 23.4 feet located at 52 Sheldrake Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lots 412, be and the same is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within six (6) months 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. 5 - CASE 2117 The Secretary read the application as follows. Application of Francesco Pia requesting an interpretation that the proposed construction complies with the Town of Mamaroneck Zoning Ordinance, or, alternatively, a variance frcan Section 89-30.1 C(1) to construct a master bath with a side yard of 16.1 ft. where 20.0 ft. is required; and, further, the addition increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-30 Zone District on the premises located at 3 Boulder Brae Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 313 Lot 258. Zoning Board of Appeals June 29, 1994 -10- Mr. Pia appeared. He submitted a four-page letter which will become part of the record, requesting the Board to reverse the Building Inspector's opinion. Mr. Kelleher stated that this submission was too complex to consider at the meeting, and he would not be ready to vote that night on the concept presented. Ms. Recio agreed. Therefore, Mr. Pia requested a variance. He stated that the one requested, only 33 square feet, was minimal and within the footprint of his house. He has been having health problems and wished to install a whirlpool which would not be possible in his existing 6' by 12' bathroan. After review, on motion of Ms. Recio, seconded by Mr. Kelleher, the following resolution was proposed and adopted unanimously, 4 - 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 Ms. Recio, the following resolution was ADOPTED unanimously, 4 - 0. WHEREAS, Francesco Pia has submitted an application to the Building Inspector, together with plans to construct a master bath on the premises located at 3 Boulder Brae Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 313 Lot 258; 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 89-30.1 C(1) and 89-57; and WHEREAS, Mr. Pia 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 variances sought are granted and also finds as follows: 1. The proposed variance does not increase the footprint of the house. 2. Thirty-three square feet is a modest addition to this building. Zoning Board of Appeals June 29, 1994 -11- 400 3. The esthetics of the addition are in harmony with those of the house. - 4. The need of the applicant is satisfied in a sensitive manner in relationship to the property. 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, ARE, BE IT RESOLVED, that an application to the Board by Francesco Pia for variances from Sections 89-30.1 C(1) and 89-57 to construct a master bath with a side yard of 16.1 feet on the premises located at 3 Boulder Brae Lane, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 313 Lot 258 be and the is granted, subject to the following conditions. 1. The applicant shall obtain a building permit within six (6) months 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. ***** NEXT MEETING The next meeting of this Board will be Wednesday, July 27, 1994. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Wexler, the meeting was adjourned at 8:45 PM.