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HomeMy WebLinkAbout1988_04_27 Zoning Board of Appeals Minutes S MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK APRIL 27, 1988, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The Meeting was called to order by Chariman Negrin at 8:30 P.M. ROLL CALL Present: Joel Negrin, Chairman g Thomas E. Gunther J. Rene Simon Arthur Wexler Absent: Patrick B. Kelleher Also present: Edward M. Lieberman, Town Counsel William E. Jakubowski, Building Inspector Dr. Alan Mason, CZMC Gerald Milani J&L Reporting Service 180 E. Post Road White Plains, NY 10601 Bonnie M. Burdick, Recording Secretary APPROVAL OF MINUTES The minutes for the meeting of the meeting of March 22, 1988 were not available for action by the Board. APPLICATION NO. 1 - CASE 835 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Wilkinson requesting variances from Article VI Section 89-34B (1) (2) and (3) which require a 30.0 ft. front yard where 25.67 ft. is provided; a 10.0 ft. side yard where 8.1 ft. is provided and a rear yard of 25.0 ft. where 20.0 ft. is provided, all in an R-7.5 Zone District, for the proposed construction of a two-story rear addition on the premises located at 26 Valley Road and known on the Tax Assessment Map as Block 114 Parcel 569. Mr. and Mrs. Wilkinson appeared on behalf of their application. Mr. Negrin noted that there was a discrepency between Paragraph 07 of the application to the Board of Appeals and both the Notice of Disapproval and the Public Notice. Said application requested a variance for a April 27, 1988 -2- 22 ft. setback from Birch Road while the Notice of Disapproval and the lioPublic Notice requested 20 ft. Mr. Lieberman confirmed that since the request was for less than the distance disapproved and published the case could be heard at the meeting. Mr. Gunther declared that he was a personal friend of the applicants and a former neighbor, but that he had no financial arrangement with the Wilkinsons. Mr. Gunther stated that he would like to participate in the hearing, barring objections from other Board members, or Board Counsel. There were no objections. Mr. Wexler stated that he, too, was a former resident of Valley Road. He had moved 10 years ago and felt that he had no conflict of interest. Mr. Wilkinson said that his family of five - with three teen-aged children - is crowded in the house as it exists. He wanted to enlarge the kitchen, which is so small that a dangerous condition exists when more than one person works there. The applicants also want to construct a second bathroom and closets on the second floor. Mr. Wexler reminded the Board that many houses in an R-7.5 zone pre-date the Zoning Ordinance. He felt that there would be no other 1 way to add to the house with the inherent difficulties of a corner lot. Georgia Kroenky, 20 Spruce Road, examined the plans and left the meeting. 410 The Board had no objections to the application. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously 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 SEQR. Thereafter, on motion of Mr. Wexler, seconded by Mr. Negrin, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Wilkinson have submitted an application to the Building Inspector, together with plans to construct a two-story rear addition with a 25.67 front yard setback, 8.1 ft. side yard, and a 22 ft. rear yard; 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 Article VI, Section 89-34 B (1) (2) and (3) on the premises located at 26 Valley Road and known on the Tax Assessment Map as Block 114 Parcel 569; and Co WHEREAS, the Wilkinsons 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 April 27, 1988 -3- WHEREAS, this Board has examined the plans, reviewed the 4 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 size and shape of this lot in an R-7.5 zone create a hardship. 2. This house, built in 1928, pre-dates the Ordinance. 3. There is no other place to enlarge this house in conformity to the Ordinance. 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 4610 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 is the minimum adjustment that will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 B (1) (2) and (3) of the Zoning Ordinance be varied and modified so as to allow the construction of a two-story rear addition on the premises located at 26 Valley Road and known on the Tax Assessment Map as Block 114 Parcel 569 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 April 27, 1988 -4- FURTHER RESOLVED that this decision be filed with the Town (iir Clerk as provided in Section 267 of the Town Code. **** APPLICATION NO. 2 - CASE NO. 836 The Recording Secretary read the application as follows: Application of Mr. Leo Paul Tomczyck requesting a variance from Article VI Section 89-33 B (2) (a) and (b) to reduce the side yard from 10 ft. required to 4.0 ft. and the total for both side yards required from 25.0 ft. to 13.0 ft. , in an R-10 Zone District, for the proposed construction of a side and rear addition, and a garage, on the premises located at 46 E. Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Bloc 212 Parcel 180. Mr. Tomczyck appeared before the Board to present his plans to build a family room and a large master bedroom, and move and enlarge his present garage. The construction of the garage would include a room and storage area on the second-story. Said garage construction was the I only issue which needed Zoning Board approval. Mr. Tomczyck had been before the Planning Board because his property abuts "the brook". Mr. Jakubowski read the conditions that the Planning Board had placed in the approved Freshwater and Water Courses 4004 Permit which were: A. This permit shall expire upon completion of the proposed activity or one year from the date of its issuance, whichever first occurs; B. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; C. The applicant is required to deposit $500 with the Town Comptroller to ensure satisfactory completion of the proposed project and the rehabilitation of any effected or disturbed areas; D. Work involving site prepartion shall only take place from Monday through Friday, between the hours of 8:00 A.M. and 4:30 P.M. ; E. The applicant shall provide a temporary barrier location plan for approval by the Consulting Engineer to the Town by April 30, 1988 or three weeks before commencement of construction whichever is sooner. This permit is conditioned upon approval of the temporary barrier plan by the Consulting Engineer to the Town. 41110 F. The applicant shall give the Town Building Department and the Town Environmental Officer at least 24 hour notice prior to commencement of construction. April 27, 1988 -S- particular,I 16 expressed to the plans The Board, Mr. Wexler inp objections for the garage. The construction would add a great deal of bulk to the house in the side yard area, while there is land available in other parts of the property. This lot is classified as R-10. Carol DeFelice of 40 East Brokside Drive, the neighbor on the side of the house close to said garage appeared before the Board to oppose the proposed structure. There is one window in her kitchen which is on the side of the house next to Mr. Tomczyck's house. She said that she was concerned about light and air being obstructed from her house - " a tenement effect". Mr. Tomczyck withdrew his application and said he would submit new plans for the garage at a future time. ***** APPLICATION NO. 3 - CASE NO.837 The Recording Secretary read the application as follows: Application of Mr. John W. Irving requesting a variance from Article VIII Section 89-44 D to construct a 6 ft. high stockade fence (4 ft. height maximum permitted) in an R-6 Zone District, at the south located at 49 Maple of the property, on the premises Hil Drive and 40 known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 306. Emily Irving appeared on behalf of the application. The Irvings want to replace a rear 6-foot high fence in bad condition. Their rear yard is small, is overlooked by a house on a grade at least 2 feet higher than theirs, and is bordered in the rear by a "multi-family" house with many cars parked on a great deal of pavement. The Irvings were seeking privacy, quiet, an improved view and safety for their young child. Mrs. Irving submitted photographs and signed statements from her immediate neighbors. Therefore, on motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State of corresponding local law, therefore requiring no further action under SEQR Thereafter, on motion by Mr. Negrin, seconded by Mr. Wexler, the following resolutions were unanimously adopted: WHEREAS, Mr. John W. Irving has submitted an application to the Building Inspector, together with plans, to allow the (10 construction of a six-foot high stockade fence which would exceed the four-foot height limit allowable; and April 27, 1988 -6- WHEREAS, the Building Inspector has declined to issue such 4111, permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article VIII Section 89-44 D which would exceed the four-foot height allowance on the premises located at 49 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 306; and WHEREAS, Mr. Irving sumbitted 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 there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. Mr.Irving's current fence is unsightly and unsafe and needs to be replaced; 411/ 2. The rear yard of the property is small. The Irvings seek privacy, particulary from the multifamily house directly behind their house which is on a grade at least 2 feet higher than their property, and particularly the paved parking area. 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. There are special circumstances and conditions applying to the land for which the variance is sought, which circumstance and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from and that strict complicance with the requirements of the Zoning Ordinance will not alleviate applicant's practical difficulties. FURTHER RESOLVED, that a variance is hereby granted and that Article VIII Section 89-44 D be varied and modified so as to allow the erection of a six-foot fence on the premises located at 49 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 306 in strict conformance with the plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is April 27, 1988 -7- FURTHER RESOLVED, that the applicant shall obtain a building ILO 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 one year 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 838 The Recording Secretary read the application as follows: Application of H. & K. Matsubara requesting a variance from Article VI Section 89.30. 1 (D) and 89-57 to reduce the rear yard set back from 50 ft. required to 35 ft. in an R-30 Zone District, for the proposed construction of rear decks, which will increase the extent by which the existing building fails to comply, on the premises located at 20 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 164. Fred Rudzinski, Architect, appeared on behalf of the applicants. He explained that he had come to the situation late. The builder had 410 assumed that the construction of the decks was in compliance with the Zoning Ordinance. Rock Ridge Road was recently upzoned from R-7.5 to R-30 and there is a steep grade at the rear of the lot making use thereof impossible. Two decks were in the plans. The applicants and/or the builder did not apply for a building permit. Construction was stopped by the Building Inspector. The smaller deck would have conformed under the former Zoning Ordinance. The Board had no objection to the application. Therefore, on motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously 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 SEQR Thereafter, on motion by Mr. Negrin, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Matsubura have submitted an application to the Building Inspector, together with plans to construct a 40 two rear decks with a 35 foot rear yard setback; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to 9 e. April 27, 1988 -8- comply with the Town of Mamaroneck Zoning Ordinance with 1 (ipoi particular reference to Article VI Section 89.30. 1 (D) and 89-57 on the premises located at 20 Rock Ridge Road and known on the Tax Assessment Map as Block 412 Parcel 164; and WHEREAS, the Matsubaras 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 extreme grade at the rear of the lot is an exceptional physical condition. 2. The height of the decks as compared to the considerably lower elevation of the property at the rear makes these decks unobtrusive from the 410/ rear property line. The size and design of these decks are entirely reasonable under the special circumstances. 3. Both decks would have complied with the recently changed, former zoning (R-7.5) on this street. 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. Such special circumstances and/or conditions have not resulted from any acts of the applicants subsequent to the date of the Zoning Ordinance from which appeal is taken; and such special circumstances and/or conditions are such that the strict application of the Zoning Ordinance 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 CO FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-30. 1 (D) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction and maintenance of two rear decks on the I April 27, 1988 -9- premises located at 20 Rock Ridge Road and known on the Tax Assessment Map as Block 412 Parcel 164 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 FUTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Code. ***** APPLICATION NO. 5 - CASE 839 The Recording Secretary read the application as follows: Application of Mr. and Mrs. M. Schumer requesting a variance from Article VI Section 89-32 B (1) and Section 89-57 to reduce the front yard from the 40.0 ft. required to 25.05 ft. , in an R-20 Zone District, • for the proposed construction of a second floor addition, which will increase the extent by which the existing building fails to meet said requirements, on the premises located at 3 Highland Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Parcel 30. Mr. Schumer appeared before the Board in support of his application. He stated that his family needed to add a bedroom as a new baby was expected. Also, elderly parents come to visit and need to use the bedroom on the first story. Mr. Schumer had submitted pictures with his application. Mr. Negrin stated for the record that said pictures show a tremendous outcropping of rock which starts on one side of the house and wraps almost entirely across the rear of the house. Said outcropping is taller than the house. The Board had no objection to the application. Therefore, on motion by Mr. Wexler, seconded by Mr. Simon, it was unanimously 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 SEQR. April 27, 1988 -10- And further, on motion by Mr. Simon, seconded by Mr. Gunther, the ( ; following resolutions were unanimously adopted: �` WHEREAS, Mr. and Mrs. M. Schumer have submitted an application to the Building Inspector, together with plans to construct a two-story addition with a 25.05 front yard setback; 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 Article VI, Section 89-32 B (1) and Section 89-57 on the premises located at 3 Highland Road and known on the Tax Assessment Map as Block 222 Parcel 30; and WHEREAS, the Schumers 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 41; 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 condition of the terrain - a huge outcropping of rock - is by itelf a definite hardship. 2. There is no other practical way to add space to this house.which is required due to the expected increase in family size within the next few months. 3. The amount of space added is the minimum amount needed to alleviate the practical difficulty. 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 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 April 27, 1988 -11- FURTHER RESOLVED, that a variance is hereby granted and Li that Article VI Section 89-32 B (1) and 89.57 of the Zoning Ordinance be varied and modified so as to allow the construction of a second floor addition on the premises located at 3 Highland Road and known on the Tax Assessment Map as Block 222 Parcel 30 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 accordane with Section 89-73 of the Zoning Ordinance, the building permit shall be void if constru ction 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 Code. ***** APPLICATION NO. 6 - CASE 840 41110 The Recording Secretary read the application as follows: Application of Ms. Ruth Hartenau requesting a variance from Article VI Section 89-30.1 C (1) and (2) to reduce the side yard from 20.0 ft. required to 15.98 ft. and the total side yard from 50 ft. required to 24.98 ft. in a R-30 Zone District, to allow to remain an enclosed porch, on the premises located at 1 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 241. Mrs. Hartenau appeared with her son-in-law, Roger Madigan. They explained that a porch, shown on the footprint of the house in 1937 had been enclosed in 1960. Mrs. Hartenau had not been aware of the non-conformance of this enclosure until the night before a scheduled closing on the sale of the house. The prospective owners have had to get a mortgage extension. The zoning for the house had recently been upgraded from R-7.5 to R-30. Under the previous zoning, a building permit would have been necessary, but no variance would have been required. Mr. Negrin noted that the house next door appeared to be 2 feet higher than the house in question and felt that said difference made the structure less obtrusive. April 28, 1988 -12- Therefore, on motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously 4110 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 SEQR. Further, on motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Ms. Ruth Hartenau has submitted an application to the Building Inspector, together with plans to allow to remain an enclosed porch with a 15.98 side yard and the total side yard of 24.98; 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 Article VI, Section 89-30.1 C (1) and (2) on the premises located at 1 Rock Ridge Road and known on the Tax Assessment Map as Block 412 Parcel 241; and WHEREAS, Ms. Hartenau 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. There are exceptional physical conditions involved in this property, making this proposal less obtrusive. 2. The footprint of the house has been in existence for SO years and only recently became nonconforming. 3. As a result of the recent rezoning, there would be no other way to build an enclosed porch addition to this house. 4. The granting of the variance is in harmony with 1111 the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and April 27, 1988 -13- S. Such special circumstances and/or conditions have not resulted from any acts of the 4110 applicants subsequent to the date of the Zoning Ordinance from which appeal is taken; and such special circumstances and/or conditions are such that 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 Article VI Section 89-30.1 C (1) and (2) of the Zoning Ordinance be varied and modified so as to allow to remain an enclosed porch on the premises located at 1 Rock Ridge Road and known on the Tax Assessment Map as Block 412 Parcel 241 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 4IV 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 Code. ***** APPLICATION NO. 7 - CASE NO. 841 The Recording Secretary read the application as follows: Application of Hory Chevrolet requesting a variance in a Business B District proposing to sell new boats, a use not normally accessory to a new motor vehicle dealership nor customarily incidental to the main use, pursuant to Article V Section 89-28 A (5) & C (1) on the premises located at 1340 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 268. Making the presentation to the Board were Thomas Keane, Attorney, Thomas Hory, President of Hory Chevrolet, and William Weiss, General Manager of Hory Chevrolet. 410 Mr. Keane argued that selling boats was not a non-compliant use, and, therefore, no variance would be needed. He wanted this April 27, 1988 -14- issue decided before the Lead Agency was determined. The (111100' applicant has been before the Planning Board for a site plan permit and, the night prior to this Zoning Board meeting, before the Coastal Zone Management Commission. Dr. Alan Mason was at the Zoning Board meeting prepared to give an oral report from the CZMC. Mr. Keane presented the Board with a memorandum detailing the presentation of his argument. Mr. Wexler objected to being given these papers at the meeting. He felt that understanding such material takes time. Mr. Negrin adjourned the meeting for a break at 10:13. It was reconvened at 10:20. Dr. Mason told the Board some of the concerns of the CZMC. They were: 1) there are plans for an eight-foot fence topped with several strands of barbed wire; 2) the site is not a "water-enhanced" one; 3) the corner is a busy one and this proposal may cause litter and visual pollution; and 4) oil could seep from the site which is near the outlet of East Creek into the Hommocks Salt Marsh. The Board was concerned about servicing the engines on the boats after they were sold. It was assured that such service of boats would be done at the mooring/dock area of the boats. 410 Hory Chevrolet plans to sell only used demonstration-model cars in the future. Mr. Hory submitted an affidavit citing the economic losses in selling used cars and leasing cars. The Board had questions concerning the business operation, the appearance of the proposed boat area and legality of the plans. It was apparent that no vote could be reached. Mr. Negrin asked for more clarification concerning the actual operating plans, how they relate to the law, Mr. Lieberman's comments on the submitted memorandum, definition of a motor vehicle, written comments from CZMC, and information from the Planning Board. The Hory Chevrolet application was adjourned until a special meeting scheduled for Tuesday, June 7, 1988. ***** APPLICATION NO. 8 - CASE NO. 842 Application of Mr. John Kluge requesting a variance from Article VI Section 89-30 A in order to construct a house on a 33,415 square foot parcel where 50,000 square feet are required in an R-50 Zone District, a variance from Article VI Section 89-30 B (2) to reduce the side yard from 35.0 ft. to 24.0 ft. as required and 411110 further a variance of Section 280-a of the Town Law and Article III Section 89-14 of the Zoning Laws of the Town of Mamaroneck requiring that the parcel front on a public street on the premises r April 27, 1988 -15- located at Premium Point Road and known on the Tax Assessment Map (NV of the Town of Mamaroneck as Block 508 Parcel 30. Dr. Mason of the CZMC said that the Kluge matter had been presented by William Maker, Attorney, at its meeting the night prior to the Zoning Board meeting. Geoffrey Young, Attorney, presented the application to the Board. He introduced John Kluge, the owner of the property, Stanley Hyman, Appraiser, and Joanne Rosenstrach, Attorney. Mr. Young told the Board that the Planning Board had declined to be Lead Agency but had, informally, referred the Kluge matter to the CZMC in order to speed the variance process. He asked the Zoning Board to declare itself Lead Agency at the meeting and introduced Mr. Kluge. Mr. Kluge said that he had sold his business and moved to Charlottesville, Virginia. His Premium Point property, includes the subject lot which was made vacant by razing the house originally on it, has been on the market for some time (perhaps a year and a half) and has not yet been sold. The asking price is $4,500,000, and the house has been extensively marketed. Mr. Kluge's taxes are approximately $70,000 and his annual assessment from the Premium Point Association is about $21,000. (111.4 hepurchased the subject questioning, Mr. Kluge stated that � After g parcel for about $2,000,000.00 with the intent to raze the existing house to provide additional privacy and room for his existing house, located on the adjoining parcel. Mr. Heyman, the appraiser, stated that dividing the land into its original two parcels should cause a higher price to be realized, by approximately $500,000 - 700,000. The Board was not prepared to act on the requ est for a variance at the meeting, but agreed to make a declaration of itself as Lead Agency. Therefore, on motion by Mr. Wexler, seconded by Mr. Gunther, RESOLVED, that the Zoning Board is the Lead Agency and solely responsible for determining whether the proposed action has a significant impact on the environment. No decision was made about the type of environmental action involved in this application. On motion by Mr. Simon, seconded by Mr. Wexler, the meeting was adjourned at 12:25 A.M. 4:611.,141:# M . ZW.,4&.1. Bonnie M. Burdick Recording Secretary