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HomeMy WebLinkAbout1992_11_24 Zoning Board of Appeals Minutes O MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 24, 1992, IN THE COURTROOM, TOWN CENTER • 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Rtceivt0 Thomas E. Gunther DE 3 1992 Patrick E. Kelleher AATOWNCL RKCC�� J. Rene Simon MAMA,30�+ECK Arthur Wexler NY Also Present: Nancy Rudolph, Counsel Michelle Bonsteel, Assistant Building Inspector, Marci Dustin, 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 Negrin at 8:27 PM. APPLICATION NO. 1 - CASE 2025 The Secretary read the application as follows. Application of Mary Ellen Colabella Bambace requesting variances from Section 89-34 A(2) to create a lot including an existing house with 53.63+ ft. frontage (75 ft. required) and from Section 89-34 A (1) to create said lot with 5,363.0 sq. ft. (7,500.0 sq. ft. required). Further, for the proposed, subdivided, empty lot, variances are requested from Section 89-34 A(1) for a total area of 5,934.0 sq. ft. (7,500 sq. ft. required), from Section 89-34 A (2) for frontage of 69.37 ft. where 75 ft. is required and from Section 89-34 A(3) for an average depth of 85.4 ft. (100 ft. required) in an R-7.5 Zone District on the premises located at 6 Leafy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Lot 38. Donald Mazin, attorney, and Fred Kellogg, Professional Engineer, appeared with Mrs. Bambace. Mr. Mazin stated that when Mrs. Bambace bought her house in 1968 she was told by the realtor that her house included an extra lot and that three houses of Mediterranean style had been built on a four-lot subdivision. He also demonstrated with colored tax maps the many houses in the neighborhood with below-code frontages. Mr. Mazin claimed that the variance was not substantial and that Mrs. Bambace would sell her house and build a new house on the subdivided lot. Mr. Negrin stated that one lot would he 79% of the required size; the other would be 71.5%. Zoning Board of Appeals November 24, 1992 -2- David Birch, 67 Edgewood Avenue; George Gold, 8 Leafy Lane; Paul Sciacca, 69 Edgewood Avenue; and Sheldon Haffer, 65 Edgewood Avenue appeared in opposition. They felt that the Board should reject the application because of the undersized lots that would evolve. Mr. Sciacca, in particular, objected as his house, an old carriage house, is very close to the rear property line; and a house on a subdivided lot would cut out light and air and would have a severe impact. It was suggested that Mrs. Bambace could seek certiorari relief for her high taxes. With the Thanksgiving holiday coming up, it was decided to take a consensus on the applications, have the counsel and secretary prepare resolutions and vote at the next meeting. Mr. Gunther, with Mr. Kelleher seconding, proposed denying this application. Four members agreed; Mr. Simon did not. On motion of Mr. Kelleher, seconded by Mr. Simon, this matter was tabled. APPLICATION NO. 2 - CASE 2026 The Secretary read the application as follows. Application of Mr. and Mrs. Robert R. Thomma, 1122 Palmer Avenue adjourned from October 28, 1992. Mr. Thomma appeared and reiterated his mistake and details of his request. Several neighbors, Howard Brounstein, Daniel Ferrara and Margaret Joyce, accompanied him. After review, on motion of Mr. Wexler, seconded by Mr. Gunther, the following resolution was 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 Mr. Kelleher, seconded by Mr. Negrin, the following resolutions were adopted with a vote of 3 - 2, Messrs. Gunther and Wexler opposed. WHEREAS, Mr. and Mrs. Robert R. Thomma have requested a Certificate of Occupancy for an existing shed on the premises located at 1122 Zoning Board of Appeals November 24, 1992 -.- Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Lot 319; and WHEREAS, the Building Inspector has declined to issue such certificate on the grounds that the shed as constructed fails to comply with the variance granted on October 24, 1990 with particular reference to Section 89-34 B (3)(b); and WHEREAS, Mr. and Mrs. Thomma submitted an application for variance 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 applicants require additional storage space to make full use of their property. 2. The lot in question is long and narrow. There is no more appropriate area to install a storage shed. 3. On October 24, 1990, the Board had granted a variance to construct a shed to be within 2. 12 of the side property line. 4. Subsequently, in construction the shed was placed in error within .8 feet of the side property line. 5. The error appears to have been accidental and a minor deviation from the earlier variance granted. Although the shed is now closer to the garage of the side yard neighbor, it is farther from the garage on the applicant's property and, therefore, does not increase the feeling of congestion in the area. 6. The rear yard neighbor is the playing field at Central School, and the shed will help screen the applicants' rear yard from the playing field. The School District did not object. The side yard neighbor supports the application. 7. It would impose an undue economic hardship upon the applicant to move the shed to conform to the earlier variance. 8. 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. Zoning Board of Appeals November 24, 1992 -4- 9. 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. 10. 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 an application to the Board by Mr. and Mrs. Robert Thomma for a variance from Section 89-34 B (3)(b) so as to allow to remain a shed with a side yard of 0.8 ft. on the premises located at 1122 Palmer Avenue, said premises being known and designated on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Lot 319 be • and the same is granted, subject to the following condition. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. APPLICATION NO. 3 - CASE 2031 The Secretary read the application as follows. • Application of Mr. and Mrs. Timothy Eddy requesting a variance from Section 89-33 B(2)(a) to construct a rear addition with a side yard of 8.92 ft. where 10.0 ft. is required. 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 68 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Lot 439. David Burde, architect, appeared with Mr. Eddy. He stated that the Eddys wanted to enlarge their kitchen. He submitted favorable petitions from neighbors. Mr. Negrin noted that an addition to the South or West would not be as satisfactory and that the encroachment was only 6 to 7 square feet Mr. Wexler, with Mr. Gunther seconding, proposed granting this variance. All the members were in favor. On motion of Mr. Kelleher, seconded by Mr. Simon, this matter was tabled. Zoning Board of Appeals November 24, 1992 -5- APPLICATION NO. 4 - CASE 2032 Application of Mr. and Mrs. Thierry Hasse requesting variances from Section 89-34 B(2)(a) to construct a two-story addition with a side yard of 6. 7 ft. where 10.0 ft. is required. 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 44 Glenn Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Lot 520. Howard Raabe appeared with Mr. Hasse. He stated that this house has become very crowded for a family with three children with another expected. Its ground floor has only 773 square feet; the second has 675 square feet. Mr. Wexler, with Mr. Simon seconding, proposed granting this variance. All of the members were favorable towards it. On motion of Mr. Kelleher, seconded by Mr. Gunther, this matter was tabled. ADJOURNMENT Mr. Negrin briefly adjourned the meeting at 10:15 PM and reopened it at 10:22 PM. APPLICATION NO 5 - CASE NO. 2033 The Secretary read the application as follows. Application of Mr. and Mrs. Mark Jurish requesting a variance from Sections 89-33 B(2)(a) and 89-37 B(2)(b) to construct a rear deck and a terrace with side yards of 7.72 ft. and 6.32 ft. respectively where 10.0 ft. is required and with a total side yard of 12.56 ft. where 25.0 ft. is required. Further, the additions increase 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 91 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Lot 399. James Waldon, architect, and Gloria Gouvia, code specialist, appeared with Mr. Jurish. The Jurishes want to enlarge their deck with access from their living room and kitchen. The property to the rear. slopes. The drawings were confusing as no terrace was being shown although it was on the application. Mr. Waldon will submit new drawings prior to the next meeting. Mr. Negrin, with Mr. Wexler seconding, proposed granting this variance. The members agreed. On motion of Mr. Kelleher, seconded by Mr. Simon, this matter was tabled. Zoning Board of Appeals November 24, 1992 -6- APPLICATION NO. 6 - CASE 2034 Application of Francisco Pia requesting a variance from Sections 89-30.1 D(2) and 89-30. 1 B(1) to construct a detached garage which is not in the rear one-third of the lot and which would have a 2.0 ft. front yard where 50.0 ft. :is required for a residence in a 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. James Fleming, architect, and Joseph Bohan, attorney, appeared with Mr. Pia. Mr. Fleming stated the plan for the garage had been changed to reflect the neighbors' wishes. It is now placed at the stone wall and is 32 feet above Fenimore Road. Mr. Pia's current garage does not afford maneuverability, and he has to park two cars on the street. • Mr. Gunther, with Mr. Kelleher seconding, proposed granting this variance, and the other members concurred. On motion of Mr. Kelleher, seconded by Mr. Simon, this matter was tabled. APPLICATION NO. 7 - CASE 2035 At the request of the applicants, this matter was adjourned to the next meeting. APPLICATION NO. 8 - CASE 2036 Application of Dr. Craig Sundahl requesting a variance from Section 89-66 A to construct a two-story building,with 10 parking spaces where 16 spaces are required for a building in an "B-MUB" Business- Mixed Use Business District on the premises located at 3 Byron Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Lot 440. Dolores Battalia, attorney, and Lawrence Gordon, architect, appeared with Dr. and Mrs. Sundahl. Mrs. Battalia stated that the building will replace an eyesore and adds a ratable to the tax rolls. She stated that the ten spaces would be adequate for Dr. Sundahl, his staff, his patients and a second-floor tenant. Mrs. Battalia noted that there is plenty of metered short-term parking in the area and that the Sundahls are on the waiting list for permit parking at Maxwell Street. Mrs. Battalia stated that the project had been approved by the Planning Board and the Board of Architectural Review. Paul Hoffmann, 69 Carleon Avenue, a partner. in Hoffmann & Sons which owns property at the end of Byron Place stated that he was delighted to see this project. He felt that Byron Place was a neglected area with many illegal cars parked along it during the day Mr. Wexler, with Mr. Simon seconding, proposed granting the variance, and the other members concurred. Mr. Negrin suggested conditioning the use of the building, but at least three other members vehemently disagreed. • Zoning Board of Appeals November 24, 1992 -7- On motion of Mr. Kelleher, seconded by Mr. Simon, this matter was tabled. ADJOURNMENT On motion of Mr. Gunther, seconded by Mr. Wexler, the meeting was adjourned at 12:30 AN. Bonnie M. Burdick