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HomeMy WebLinkAbout1994_05_25 Zoning Board of Appeals Minutes 71>M7"7--- MINUTES OF THE REGULAR MEETING OF THE ZONING BARD OF THE TOWN OF MAMARONECK MAY 25, 1994, IN THE COURT ROOM, TOWN CENTER 12 740 WEST BOSTON POST ROAD - 't7' MAMARONEC'K, NEW YORK 0 � Present: Thomas E. Gunther, Chairman ,'�F•1�'Qc�p Nina Recio % "V •A. J. Rene Simon Arthur Wexler «, ON°4$ 4 Absent: Patrick J. Kelleher Also Present: John Kirkpatrick, Counsel William E. Jakubowski, Building Inspector Lisa Parilla, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Gunther at 7:35 PM. APPLICATION NO. 1 - CASE 2109 The Secretary read the application as follows. Application of Stephen and Michele Wenzler requesting a variance from Section 89-44 D to construct a 6.0-ft. fence where 4.0 ft. is the maximum permitted for a residence in an R-6 Zone District on the premises located at 10 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Lot 1. Mr. Wenzler appeared. He stated that his property is on a peninsula and that living there feels like living in a fishbowl. Mr. Wenzler stated that he has a 32-foot picket fence which is inadequate. The proposed fence would meld with this fence. Thirty linear feet of the new fence would be on the street; the rest would be along the driveway. Mr. Wenzler stated that he would be willing to add shrubs at the fence. Fred and Joyce Eldring of 5 Byron Lane appeared in opposition. They objected strongly stating that the fence detracted from the esthetics of the neighborhood. Mr. Gunther expressed his strong objections to six-foot fences noting that he was only willing to approve them when there was a matter of safety such as shielding children from Metro-North. One member was absent, so Mr. Gunther explained that three members had to agree for an action to occur. Zoning Board of Appeals May 25, 1994 -2- After review, on motion of Mr. Wexler, 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; 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 Ms. Recio, the following resolution was ADOPTED unanimously, 4-0. WHEREAS, Stephen and Michele Wenzler have submitted an application to the Building Inspector, together with plans, to construct a five-foot high fence on the premises located at 10 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Lot 1; 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 89-44 D; and WHEREAS, Mr. and Mrs. Wenzler submitted an application for 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 variances are sought on the following grounds. 1. The property is an irregularly shaped piece of land burdened with three front yards. 2. The front yard to the rear of the property is small, and no privacy exists for this applicant to use the rear space for recreational use. Zoning Board of Appeals May 25, 1994 -3- 3. There is insufficient recreational space, which is a requirement of the Zoning Code, provided on 'this property. 4. The variances granted are the minimum to alleviate the practical difficulty detailed in the application. 5. 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. 6. 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 variances granted by this Board will accomplish this purpose; and it is NOW, FORE, BE IT RESOLVED, that an application to the Board by Stephen and Michele Wenzler for a variance fran Section 89-44 D to construct a five-foot high fence located at 10 Dante Street, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Lot 1 be and the same is granted, subject to the following conditions. 1. The five-foot high fence is restricted to the area shown on the survey along Dimitri Place starting at an intersection marked "21.1 feet" going northwesterly and along the western side of the driveway. 2. Five-feet high evergreens shall be planted at the junction of the existing 32-feet high picket fence and the new fence on the applicant's side of the fence. 3. The fence shall be painted white. 4. The fence shall be constructed using the design approved by the Board which has a latticed area below the horizontal board at the top. 5. The applicants 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. 6. 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. 7. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. ***** Zoning Board of Appeals May 25, 1994 ' -4- PPLICATION NO. 2 - CASE 2110 The Secretary read the application as follows. Application of Frederick Cuccia requesting variances from Section 89-34 B (3) to construct a kitchen addition with a rear yard of 15.7 ft. where 25.0 ft. is required and from Section 89-57 to increase the extent by which the building fails to meet such area requirements for a residence in an R-7.5 Zone District on the premises located at 19 Campbell Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Lot 226. Mr. Gunther and Ms. Recio stated that they knew Mr. Cuccia but that they would not be biased during the proceedings. Mr. Cuccia appeared. He stated that his house has an antique kitchen which has not been remodeled since 1936. Mr. Cuccia stated that there is no other option than the rear yard for expansion. The yard contains a rock outcropping, the driveway has an easement and the downstairs maid's roan and bath are used by the applicant's 89-year-old mother. Mr. Cuccia presented a letter fray a neighbor and stated that he had verbal assents from others. After review, on motion of Ms. Recio, seconded by Mr. Simon, 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; 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. Simon, seconded by Ms. Recio, the following resolutions were adopted unanimously, 4-0. Wes, Frederick Cuccia has submitted an application to the Building Inspector, together with plans to construct a rear addition on the premises located at 19 Campbell Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Lot 226; 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, and 89-57; and Wes, Mr. Cuccia submitted an application for variances to this Board for the reasons set forth in such application; and Zoning Board of Appeals May 25, 1994 -5- 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 rear yard of the house is very small. 2. The encroachment is minimal at only two feet, facing the driveway of the properties in the rear. 3. The lot is an unusual one located at the end of a dead end street with the house sited in a abnormal way, to the rear of the property. 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. 5. 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. 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 Frederick Cuccia for variances from Section 89-34 B for a rear yard of 15.7 feet located at 19 Campbell Lane, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Lot 226 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. ***** Zoning Board of Appeals May 25, 1994 -6- APPLICATION NO. 3 - CASE 2111 The Secretary read the application as follows. Application of Reynald and Catherine Bonmati requesting an extension of time for variances entered October 26, 1993 from Sections 89-30 B(1) and 89-30 B(3) for a tennis court and a pavilion with a 10.0 ft. setback where 50.0 ft. is required and which will not be located in the rear one-third of the lot for a residence in an R-50 Zone District on the premises located on Premium Point and known on the Tax Assessment Map as Block 508 Lot 30. Mr. Bonmati appeared. He stated that the Town had requested that his lots be merged. This procedure has now occurred. On motion of Ms. Recio, seconded by Mr. Simon, the following resolutions were ADOP.= unanimously, 4-0. WHEREAS, Reynald and Catherine Bonmati have submitted a request to the Building Inspector for extension of the period of time for a variance on the premises located on Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Lot 30; and WHEREAS, the Building Inspector has declined to issue such request on the grounds that he lacks the necessary authority; and WHEREAS, Mr. and Mrs. Bonmati submitted an application for variances to this Board 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 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. Through no fault of their making, the applicants have been delayed in filing for a building permit within the specified time. 2. 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. 3. The variances are the :minimum 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. Zoning Board of Appeals May 25, 1994 -7- ' 4. 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, BE IT RESOLVED, that a variance, which was previously granted by Board Resolution entered on October 27, 1993, is extended and is continued to modify Sections 89-30 B(1) and 89-30 B(3) on the premises located at Premium Point, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Lot 30 be and the same is granted, subject to the following conditions. 1. This parcel of land shall be merged with the applicant's adjacent parcel and such action recorded atthe Office of the Westchester County Clerk prior to issuance of a Building Permit by the Town of Mamaroneck. 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 2112 The Secretary read the application as follows. Application of Mr. and Mrs. Robert Purcell requesting a variance from Section 89-34 B(1) to construct a porch roof addition with a front yard of 26.35 ft. where 30.0 ft. is required for a residence in an R-7.5 Zone District on the premises located at 41 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Lot 39. John Weiss, architect, appeared with Mrs. Purcell. He stated that his clients wanted to create front protection with a fuel air lock. Mrs. Purcell stated that the front door currently is awkward as entrants step into the dining roam and den. Many neighbors have overhangs and have verbally agreed to the construction. After review, on motion of Ms. Recio, seconded by Mr. Simon, the following resolutions were proposed and adopted, 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; Zoning Board of Appeals May 25, 1994 -8- 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. Simon, seconded by Ms. Recio, the following resolutions were ADOPTED 3-1, Mr. Wexler opposed. WHEREAS, Mr. and Mrs. Robert Purcell have submitted an application to the Building Inspector, together with plans to construct a porch roof addition on the premises located at 41 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Lot 39; and WHEREAS, the Building Inspector has declined to issue such document 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(1); and WHEREAS, Mr. and Mrs. Purcell submitted an application for a variance to this Board for the reasons set forth in such application; and MBEREAS, 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 outweigh any detriment to the neighborhood if the variances sought are granted and also finds as follows: 1. The variance is merely six feet and allows the applicants' house to meet the front positioning of the neighboring house to the North. 2. The roof and hall will provide an energy conservation advantage to the house. 3. The granting of this 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. 4. The variance is the minimum 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 and/or building, and the variance granted by this Board will enable such reasonable use. Zoning Board of Appeals May 25, 1994 -9- NM THEREFORE, BE IT RESOLVED, that an application to the Board by Mr..and Mrs. Robert Purcell for a variance from Sections 89-34 B(1) to construct a porch roof with a front yard of 26.35 feet located at 41 Echo Lane, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Lot 39 be and the same is granted, subject to the following conditions. 1. The applicants 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 Board agreed to meet on Wednesday, Jane 29, 1994. MINUTES On motion of Mr. Gunther, seconded by Mr. Simon, the Board unanimously approved the minutes of March 8, 1994, by a vote of 4-0. ADJOURNMENT On motion of Mr. Gunther, seconded by Ms. Recio, the meeting was unanimously adjourned at 8:55 PM, by a vote of 4-0. Bonnie M. Burdick