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HomeMy WebLinkAbout1990_09_26 Zoning Board of Appeals Minutes (2) MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 26, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOS'TON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman J. Rene Simon Arthur Wexler Absent: Thomas E. Gunther Patrick B. Kelleher Also Present: Tee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Marci Dustin, 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. He stated that any action taken would have to be by unanimous vote of the Board members present, as two Board members were absent. A split vote would result in a non-action and an automatic adjournment. APPROVAL OF MINUTES As Mr. Negrin proposed a number of changes for the minutes of August 22, 1990, it was decided that they would be re-circulated to the Board after being edited. APPLICATION NO. 1 - CASE 988 The Recording Secretary read the application as follows: Application of Mr. and Mrs. P. Martin requesting a variance from Section 89-35 B(3) to reduce the rear yard fLvm 25.0 feet required to 20.0 feet for the proposed construction of a rear addition which would increase the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-6 Zone District, on the premises located at 62 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lot 418. Mr. Martin appeared on behalf of the application. He stated that he wanted to construct a family room extending into the rear yard and that his neighbors had no objections. The room is needed by the family as their daughter needs a separate roam to entertain her friends while the rest of the family is using the living room. The house has a small den which Mr. Martin needs to use as a home office. Mr. Martin stated that it might be necessary for his mother-in-law to live with the family. September 26, 1990 -2- Two neighbors were at the meeting. They were Henry Auffarth of 16 Edgewood Avenue and Mr. Melamid of 45 Hillside Avenue. Both stated that they were in favor of the application. Those members of the Board in attendance were not favorably inclined to the application as presented. Mr. Negrin stated that he could not find a legal reason to approve it. He saw neither a practical difficulty nor an unnecessary hardship. Mr. Wexler was concerned about the size of the addition. The house is a small one on a small lot, but, with approximately 1500 square feet overall and an 800 square foot ground floor, meets the zoning code. Mr. Wexler stated that he needed a floor plan for the first floor, and Mr. Negrin stated that he would like to know the placement of the kitchen fixtures. 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. With the consent of Mr. Martin, on motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that Application No. 1, Case 988 be adjourned to the October meeting of this Board. NEXT MEETING Pending agreement with the two absent members, it was decided that the next meeting will be October 24, 1990. APPLICATION NO 2 - CASE 989 The Recording Secretary read the application as follows: Application of Mr. and Mrs. D. Millar requesting variances to retain a front enclosed room and a rear deck and also requesting a Certificate of Occupancy for an existing attached garage. The enclosed room has a front setback of 25.6 feet where 30.0 feet is required pursuant to Section 89-35 (B) (1) , the deck has a rear yard of 21.8 feet where 25.0 feet is required pursuant to Section 89-35 (B) (3) and further the additions represent an increase in the extent by which the building fails to conform pursuant to Section 89-57, in an R-6 Zone District. The garage as built on May 10, 1957 has a side yard of 5.7 feet where 6.0 September 26, 1990 -3- feet had been required pursuant to Section 9 of the Zoning Code in effect when the permit was issued and where a minimum of 8.0 feet would be required if constructed today pursuant to Section 89-35 (B) (2) (a) , in an R-6 Zone District, on the premises located at 28 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 80. Mr. Millar appeared on behalf of the application. He stated that when the house was purchased in 1971 the garage was in place, and the porch had been enclosed. The house is small, and the family includes five children. The porch was rebuilt and made wider about 6 years ago. It acts as a vestibule and has the only closet on the ground floor. A family room and deck have been built to replace a patio. Mr. Millar was not issued a building permit for the deck. He stated that his back yard was sloped, had a good deal of runoff and could not be utilized without a 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. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. D. Millar have submitted an application to the Building Inspector, together with plans, to retain a front enclosed room and a rear deck and for a Certificate of Occupancy for an existing attached garage on the premises located at 28 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 80; 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 89-35 (B) (1) , 89-35 (B) (3) , 89-35 (B) (2) (a) and 89-57; and WHEREAS, Mr. and Mrs. Millar 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 September 26, 1990 -4- 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 rear yard slopes away from the house and is, therefore, unsuitable for passive recreation. 2. The deck is low and not intrusive. 3. The enclosed porch is no closer to the property line than the house. The addition of 4 feet was needed for a closet as the house lacked adequate storage. 4. The garage, which is a minor encroachment, was built incorrectly because of a construction mistake. It would be a hardship to remove the few inches which encroach. 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 89-35 (B) (1) , 89-35 (B) (3) , 89-35 (B) (2) (a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of an enclosed front porch and a rear deck and to grant a Certificate of Occupancy for an existing attached garage on the premises located at 28 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 80 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. ***** September 26, 1990 -5- APPLICATION NO. 3 - CASE 994 The Recording Secretary read the application as follows: Application of Mrs. B. Nalven requesting a variance fruit Section 89-33 B(3) to reduce the rear yard fruit 25.0 feet required to 17.0 feet for the proposed replacement of an existing rear deck which increases the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-10 Zone District, on the premises located at 91 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 588. Mrs. Nalven appeared on behalf of the application. She stated that a deck was necessary as the Sheldrake River wraps around the property. The proposed deck would replace a larger, illegal one which is an eyesore to the neighbors. Mrs. Nalven submitted favorable letters fruit her neighbors, and these letters will become part of the record. Mr. Negrin stated that there is only a triangular corner of the proposed deck which would be nonconforming and that this deck would be supported by two pillars rather than by the five that are currently in place. 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. Simon, seconded by Mr. Wexler, the following resolutions were unanimously adopted. WHEREAS, Beverly Nalven has submitted an application to the Building Inspector, together with plans, to construct a deck on the premises located at 91 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 588; 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, Mrs. Nalven 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; September 26, 1990 -6- 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 proposed deck would be smaller than the existing one. Thus, the nonconformity is reduced and the intrusion is less. 2. A deck is the only way to use the rear yard as the yard slopes to the Sheldrake River. 3. The yard is irregularly shaped and prone to flooding. 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(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a deck on the premises located at 91 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 588 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. ***** APPLICATION NO. 4 - CASE 995 The Recording Secretary read the application as follows. Application of Mr. and Mrs. M. Carr requesting variances to allow an September 26, 1990 -7- existing pool to remain with a side yard of 7.2 feet where 15.0 feet is required pursuant to Section 14-48A (1) and with a rear yard of 14.8 feet where 20.0 feet is required pursuant to Section 14-48A (2) for a pool in an R-7.5 Zone District. Said pool was erected under Permit #5147 but was incorrectly located on the property at the time of erection when it would have been permitted with a side yard of 10.0 feet and a rear yard of 18.0 feet on the premises located at 263 Murray Avenue and known on the Tax Assessment Map of the Mown of Mamaroneck as Block 113 Lot 116. Mr. Carr appeared on behalf of the application. He stated that his wife, in the course of business, had discovered that their pool was improperly located. Said pool is both above and below ground. It is shrubbed and secluded in the Carr's two-level yard. 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. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Michael Carr have submitted an application to the Building Inspector, together with plans, to retain a pool on the premises located at 263 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 116; 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 14-48A (1) and 14 48A (2) ; and WHEREAS, Mr. and Mrs. Carr 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 s and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The pool was build pursuant to permit, but mislocated. It has been in place for 30 years. September 26, 1990 -8- 2. To relocate the pool would cause a hardship. 3. Only a corner of the pool encroaches. 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 14-48A (1) and 14-48A (2) of the Zoning Ordinance be varied and modified so as to allow the retention of a pool on the premises located at 263 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 116 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** APPLICATION NO. 5 - CASE 996 The Recording Secretary read the application as follows: Application of Mr. and Mrs. R. Kullen requesting variances to renovate and extend an existing sunporch and add a second floor. The structure, enlarged as proposed, will have front yard setbacks on two streets of 24.9 feet and 20.0 feet where 30.0 feet is required. The existing setbacks are respectively 23.5 feet and 21.5 feet. Further, the addition would increase the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-7.5 Zone, on the premises located at 61 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Lot 304. September 26, 1990 -9- Mr. and Mrs. Kullen appeared on behalf of the application. Mr. Kullen stated that the house is small and that the family includes four large children. Mr. Wexler objected to the size of the proposed construction. He suggested removing 3 feet from the top story as he felt that a variation of line would make the addition seem to have legs mass. Mr. Negrin wanted to look at the house again and asked that tax maps be submitted with the application. Mr. Wexler asked that the Kullens put stakes into the ground to mark their proposed addition and his suggested size. 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. With the consent of Mr. and Mrs. Kullen, on motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that Application No. 5, Case 996 be adjourned to the October meeting of this Board. **** APPLICATION NO. 6 - CASE 997 The Recording Secretary read the application as follows: Application of Mr. & Mrs. T. Barrington requesting a variance from Section 89-33 B(2) (a) to reduce the side yard from 10.0 feet required to 5.4 feet for the proposed construction of a rear patio above grade with wood platform and steps which would increase the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-10 Zone District, on the premises located at 145 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 215. Mrs. Barrington appeared on behalf of the application. She stated that the patio has been in place since 1979. It was recently found to be illegal. The back yard is steeply sloped, and the area is well screened by an 8 foot hedge. 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 September 26, 1990 -10- 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. Simon, the following resolutions were adopted unanimously. WHEREAS, Mr. and Mrs. T. Barrington have submitted an application to the Building Inspector, together with plans, to retain a rear patio on the premises located at 145 Fast Garden Road and known on the Tax Assessment Map of the Tbwn of Mamaroneck as Block 212 Parcel 215; 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 WHEREAS, Mr. and Mrs. Barrington 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 land slopes approximately 10%, making it unusable for passive recreation. 2. The patio is no closer to the side lot line than the house. 3. The intruding side of the property is well screened. 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 September 26, 1990 -11- FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-33 B(2) (a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a rear patio on the premises located at 145 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 215 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 FURL 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 buildng 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. 7 - CASE 998 Application of Mr. and Mrs. G. Gardellis requesting a variance to retain a rear deck/two levels. The structure as exists has side yards of 6.57 feet and 9.29 feet where a minimum of 10.0 feet is required and a total side yard of 15.87 feet where 25.0 feet is required pursuant to Section 89-33 B(2) (a) & (b) respectively and further the deck increases the extent by which the structure is nonconforming pursuant to Section 89-57. in an R-10 Zone District, on the premises located at 81 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 746. Mr. Gardellis appeared on behalf of his application. He stated that their house is on a hill with a sloping front yard, sloping back yard and large rock outcroppings. The kitchen door is 8 feet fLom the yard. Mr. Gardellis presented favorable letters from his neighbors which will become part of the record. 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. Simon, the following resolutions were adopted unanimously. September 26, 1990 -12- WHEREAS, Mr. and Mrs. G. Gardellis have submitted an application to the Building Inspector, together with plans, to retain a rear deck/two levels on the premises located at 81 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 746; 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) & (b) and 89-57; and WHEREAS, Mr. Gardellis 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 deck is less intrusive than the house as it is further from the property lines than the house itself. 2. The high deck has a trellis underneath it which enhances the view for the neighbors. 3. The rear yard has a steep slope with rock outuLuppings. The yard is unusable for recreation. 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) (a) & (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of rear deck/two levels on the premises located at 81 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 746 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 September 26, 1990 -13- 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned at 11:02 PM. 6,1A14:Ed 6/4/24/Leid. Bonnie M. Burdick