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HomeMy WebLinkAbout1990_11_28 Zoning Board of Appeals Minutes (2) q 01, RECEIVED ` 1 JAB,' i 1991 PATRICIA A.DiCIOCCIO MINUTES OF THE REGULAR MMI'ING OF THE TOWN CLERK ZONING BOARD OF THE TOWN OF MAMARONECK PIPARONECK As.Y. NOVEMBER 28, 1990, IN THE SENIOR CENTER, 'DOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rend Simon Arthur Wexler Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Lisa Parella, 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 8:20 PM. NEW LAW The Board briefly discussed the new Architectural Board of Review Law. Mr. Jakubowski explained that its purview was only commercial property as his office would have to be expanded with another building inspector and another clerk were all buildings included. APPLICATION NO. 1 - CASE 1002 The secretary read the application as follows: Application of Mr. & Mrs. T. Pirzinger requesting a Certificate of Occupancy for an addition of a deck. The deck is required to have a rear yard of 21.85 pursuant to a variance granted May 24, 1989 and has an actual rear yard of 21.5 ft. where 25.0 ft. is required pursuant to Section 89-33 B(3) and further, pursuant to Section 89-57 is an increase in the extent by which the structure fails to conform, in an R-10 Zone District, on the premises located at 21 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 54. Mrs. Pirzinger appeared on behalf of the application. She stated that her contractor had built the deck 31/2 inches too large. On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were unanimously adopted: November 28, 1990 -2- WHEREAS, Mr. and Mrs. T. Pirzinger have submitted an application to the Building Inspector, together with plans, to obtain a Certificateof Occupancy for a deck on the premises located at 21 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 54; 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(3) and 89-57; and WHEREAS, Mr. and Mrs. Pirzinger 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. This deck had been granted a variance previously. 2. Through no fault of the applicants, a 31/2 inch error was made by the contractor. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 4. 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 5. 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 FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-33 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the granting of a Certificate of Occupancy on the premises located at 21 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 54 in November 28, 1990 -3- 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. 2 - CASE 1003 The secretary read the application as follows: Application of Mr. and Mrs. P. Nisselson requesting a variance for the proposed construction of a swimming pool. The pool would be in a front yard, as defined, where pools may only be located in a rear yard pursuant to Section 14-48 A(3) and the pool patio would be 0.0 feet from the dwelling where 15.0 feet is required pursuant to Section 14-48 A(1) , in an R-20 Zone District, on the premises located at 1160 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Lots 160 and 360. Ron Bentley, architect, and Jack Watson of Shoreline Swimming Pool Company appeared on behalf of the application Mr. Bentley stated that the house. is sited on a four-acre parcel, and the pool, which will be placed 450 feet off of Old White Plains Road, will be placed behind the house in what is technically the front yard. The applicant wishes to put a teLLdce from the door at the basement family room to the pool twenty-five feet away. 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. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. P. Nisselson have submitted an application to the Building Inspector, together with plans, to construct a swimming pool on the premises located at 1160 Old White Plains Road and known November 28, 1990 -4- on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Lots 160 and 360; 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 14-48 A(3) and 14-48 A(1) ; and WHEREAS, Mr. and Mrs. Nisselson 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 pool, as shown, would be difficult to put in the rear yard. 2. The house is so sited that the pool is at the rear although technically it is in the front yard. 3. The pool has a deep setback; it cannot be seen from the street. 4. The pool is suitably separated from the house and will be fenced. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 3. 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 4. 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 FURTHER RESOLVED, that a variance is hereby granted and that Sections 14-48 A(3) and 14-48 A(1) of the Zoning Ordinance be varied and modified so as to allow the construction of a pool and patio on the premises located at 1160 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Lots 160 and 360 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the November 28, 1990 -5- 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. 3 - CASE 1004 The secretary read the application as follows: Application of Mr. and Mrs. G. Zipp requesting a variance for the proposed construction of a swimming pool. The pool would be in the front yard, as the dwelling has frontages on three streets, where pools may only be located in a rear yard pursuant to Section 14-48 A(3) and the pool patio would be 6.0 feet from the dwelling where 15.0 feet is required pursuant to Section 14-48 A(1) , in an R-15 Zone District, on the premises located at 9 Rebeau Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Lot 400. Joseph DiSalvo, attorney, and Glen Ticehurt, architect, appeared on behalf of the application. Mr. DiSalvo stated that the property caused problems as it has three front yards. No neighbors objected to the placement of the pool and its deck. 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. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. G. Zipp have submitted an application to the Building Inspector, together with plans, to construct a pool and a patio on the premises located at 9 Rebeau Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Lot 400; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town November 28, 1990 -6- of Mamaroneck Zoning Ordinance with particular reference to Section3 14-48 A(3) and 14-48 A(1) ; and WHEREAS, Mr. and Mrs. Zipp 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, SORE, 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 lot is unusually shaped with respect to surrounding streets. Therefore, there is no normal rear yard. 2. No neighbors have objected to the construction of the pool. 3. The pool is planned for the only available open area. 4. There will be 15 feet of terrace and deck between the house and the pool. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. 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 7. 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 FURTHER RESOLVED, that a variance is hereby granted and that Sections 14-48 A(3) and 14-48 A(1) of the Zoning Ordinance be varied and modified so as to allow the construction of a pool and patio on the premises located at 9 Rebeau Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Lot 400 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 November 28, 1990 -7- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 4 - CASE 1005 The secretary read the application as follows: Application of Mr. and Mrs. W. Levy requesting a variance from Section 89-33 B(2) (b) to reduce the total side yards front 25.0 feet required to 17.4 feet for the proposed construction of a powder room which would increase the extent by which the structure fails to conform pursuant to Section 89-57, in an R-10 Zone District, on the premises located at 35 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 63. Mrs. Levy appeared on behalf of the application. She stated that there has always been a side yard of 17.4 feet since the house was built in 1927. There will be no further encroachment for this needed addition. 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. On motion of Mr. Simon, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. W. Levy have submitted an application to the Building Inspector, together with plans, to construct an addition on the premises located at 35 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 63; 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) (b) and 89-57; and WHEREAS, Mr. and Mrs. Levy 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; November 28, 1990 -8- 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 dimensions of the side yard would not be changed. 2. The addition is designed to be unobtrusive from the front and is hardly visible from the side. 3. The addition fills a family need for a first-floor bathroom. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. 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 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 variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-33 B(2) (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of an addition on the premises located at 35 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 63 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 ***** November 28, 1990 -9- NEXT MEETING The Board decided to forgo mooting in December as its next regular meeting would be December 26th. It set January 16, 1991 as its next mooting with the possibility of a meeting on January 30, 1991 should the calendar warrant. ADJOURNMENT On motion of Mr. Gunther, seconded by Mr. Simon, the meeting was adjourned at 8:58 PM. Bonnie M. Burdick