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HomeMy WebLinkAbout1988_08_16 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK AUGUST 16, 1988, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD RECEVaD MAMARONECK, NEW YORK 'aR 3 19a9 CALL TO ORDER pATRj Wry OCC10 CAM N�NE,CK The meeting was called to order by Chairman Negrin at 8:20 P.M. ROLL CALL Present: Joel Negrin, Chairman Thomas E. Gunthre Patrick B. Kelleher J. Rene Simon Arthur Wexler Also Present Steven Silverberg, Counsel, Zoning Board William E. Jakubowski, Building Inspector Susan Peterson, Court Reporter 53 Hamilton Place Tarrytown, NY 10591 Bonnie M. Burdick, Recording Secretary APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Kelleher, the Board voted unanimously to accept the minutes of the meeting of March 22, 1988. On motion of Mr. Simon, seconded by Mr. Wexler, the Board voted unanimously to accept the minutes of the meeting of April 27, 1988. On motion of Mr. Wexler, seconded by Mr. Kelleher, the Board voted unanimously to accept the minutes of the meeting of May 25, 1988. OLD BUSINESS Mr. Negrin had received a letter from William Sheridan, president of the cooperative association at 11 Alden Road, asking the Board to postpone its decision regarding separating Casey's restaurant and a small parking lot from the apartment building until litigation concerning the association and Fort Madison Associates is decided. The Board members noted that they have been awaiting the resolution of the litigation. The Board must still answer points raised by the CZMC regarding the Kluge application. Mr. Silverberg stated that the response should be either a resolution or a copy of the transcript of that part of the meeting where the Board members answered each point. Mr. Gunther joined the meeting at this time. August 16, 1988 Page 2 APPLICATION NO. 1 - 863 The Recording Secretary read the application as follows: Application of Dr. & Mrs. Lomonaco requesting a variance from Section 89-44 D to construct a six (6) feet high stockade fence (four [4] feet height maximum permitted) , in a Residence Zone District, on the premises located at 36 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 431. Kathy Bradford, landscape architect, appeared on behalf of the applicants. She stated that the Lomonaco's lot is ten feet lower than those of the two neighbors to the right of the house. The applicants want to build a high fence for privacy and for esthetic purposes - one neighbor has an untidy woodpile. Ms. Bradford explained that evergreens would not provide sufficient privacy as each tree would require a space of eight feet. 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 Further, on motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Dr. and Mrs. Lomonaco have submitted an application to the Building Inspector, together with plans, to allow the construction of a six-foot high fence which would exceed the four-foot height limit allowable; and WHEREAS, the Building Inspector has declined to issue such 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 36 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 431. WHEREAS, Dr. and Mrs. Lomonaco 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 applcation; 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 condtions applying to the land for which the variance is sought on the following grounds: August 16, 1988 Page 3 1. The house is on a grade 10 feet lower than the adjacent property. 2. The fence is approximately 80 feet from the street and, therefore, relatively unobtrusive. 3. The plans call for the minimum length of fence necessary to create privacy. 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. 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 appicant subsequent to the date of the Zoning Regulations appealed from and that strict compliance with the requirements of the Zoning Ordinance will not alleviate the applicants' practical difficulties. FURTHER RESOLVED, that the following condition shall attach to this variance: The finished side of the fence shall face the adjacent lots. FURTHER RESOLVED, that a variance is hereby granted and that Article VII, Section 89-44 D of the Zoning Ordinance be varied and modified so as to allow the erection of a six-foot fence on the premises located at 36 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 431 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 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 864 The Recording Secretary read the application as follows: August 16, 1988 Page 4 Application of Mr. & Mrs. N. MacLellan requesting variances from Section 89-33 B (3) and Section 89-56 to reduce the rear yard from 25.0 feet required 14.0 feet, in an R-10 Zone District, for the proposed construction of a rear deck which will increase the extent by which the exzisting structure fails to meet the rear yard requirements on the premises located at 61 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 71. Mr. MacLellan stated that his property sloped and that it was necessary to build a deck as a patio would be difficult to construct. His side yard contains a large boulder and is close to his neighbors' lot. He said that the plans were for a pleasant and practical structure. Some of the Board members, Mr. Wexler in particular, felt that the deck could have been designed differently to utilize the land better. However, the majority felt that the plans presented required the minimum variance necessary to alleviate the hardship. Therefore, on motion of Mr. Gunther, seconded by Mr. Kelleher, the Board 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 And, further, on motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were approved by Messrs. Gunther, Kelleher and Simon with Messrs. Negrin and Wexler abstaining: WHEREAS, Mr. and Mrs. N. MacLellan have submitted an application to the Building Inspector, together with plans, to construct a rear deck; 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 Section 89-33 B (3)and 89-56 on the premises located at 61 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 211 Parcel 71; and WHEREAS, Mr. and Mrs. MacLellan 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 August 16, 1988 Page 5 circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The plans presented utiilize the difficult and unusual sloping terrain in a practical way. 2. The variance granted is the minimum possible 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 Section 89-33 B (3) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 61 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 71 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. ***** SUBMISSIONS With three decks on the agenda, Mr. Wexler had had difficulty recalling the different sites where decks were contemplated. He asked that the Zoning Board require photographs as part of the application. Mr. Negrin stated that he would ask the Board's regular attorney, Edward M. Lieberman, to draft a request which would be available for comment by the public at the September meeting and go into effect in October. Until such time, at Mr. Silverberg's suggestion, the Board asked Mr. Jakubowski to strongly request photographs from applicants. ***** August 16, 1988 Page 6 APPLICATION NO. 3 - CASE 865 The Recording Secretary read the application as follows: Application of Mr. and Mrs. G. Reiners requesting a variance from Section 89-32 B (3) to reduce the rear yard from 25.0 feet required to 17.5 feet, in an R-15 Residence Zone District, for the proposed construction of a second floor rear deck on the premises located at 31 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 565. Mark Mustacato, contractor, appeared on behalf of the applicant. He . stated that the first survey drawing was out of scale. The actual setback is 17'6". Therefore, the proposed construction, which had been approved at the Zoning Board meeting of June 22, 1988, needs a new variance. Mr. Wexler was concerned that the uprights looked slender. Mr. Jakubowski said that they would be verified. Mr. Mustacato_stated that the property abuts the Leatherstocking Trail and that the proposed deck would not have an impact on any neighbors. On motion of Mr. Wexler, seconded by Mr. Gunther, the Board 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. On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mr. G. Reiners have submitted an application to the Building Inspector, together with plans, to construct 'a second floor rear deck; 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 Section 89-32 B (3) on the premises located at 31 Mohegan Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 208 Parcel 565; and WHEREAS, Mr. and Mrs. Reiners 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 August 16, 1988 Page 7 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 property is adjacent to a conservation area. 2. The property is unusually shaped with a marked slope. 3. The variance granted is the minimum necessary 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 Section 89-32 B (3) of the Zoning Ordinance be varied and modified so as to allow the construction of a second floor rear deck on the premises located at 31 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 565 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. August 16, 1988 Page 8 APPLICATION NO. 4. - CASE 866 ® The Recording Secretary read the application as follows: Application of Mr. and Mrs. C. Gibbs requesting a variance from Section 89-33 B (3) to reduce the rear yard from 25.0 feet required to 7.21 feet in an R-10 Zone District, for the propsed construction of a rear deck on the premises located at 81 West Brookside Drive and known on the Tax Assessment map of the Town of Mamaroneck as Block 218 Parcel 607. Mrs. Gibbs appeared on behalf of the application. She stated that they wanted to build a deck on the Southwest corner of their house. The Gibbs have a large family and need a place to entertain. The property is unusable because of its slope. Mud conditions exist, particularly runoff from extensive rain. On motion of Mr. Wexler, seconded by Mr. Kelleher, the Board 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. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. C. Gibbs have submitted an application to the Building Inspector, together with plans, to construct a rear deck; 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 Section 89-33 B (3) on the premises located at 81 West Brookside Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 218 Parcel 607; and WHEREAS, Mr. and Mrs. Gibbs 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 August 16, 1988 Page 9 which the variance is sought on the following grounds: 1. The terrain is extrenely difficult. 2. There is no more appropriate place to put an addition. 3. The variance granted is the minimum possible 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 S. 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 Section 89-33 B (3) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 81 West B000kside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 607 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 when a variance is granted, 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. ***** NEXT MEETING The next meetng of the Zoning Board will be Wednesday, September 28, 1988. August 16, 1988 Page 10 APPLICATION NO. 5 - CASE 867 The Recording Secretary read the application as follows: Application of Coughlin Realty requesting a determination by the Zoning Board of the need or lack of need for off-street loading facilities in a Business District pursuant to Section 89-70 (C) of the Zoning Ordiance on the premises located at 178 Myrtle Boulevard and known of the Tax Assessment Map of the Town of Mamroneck as Block 133 Parcel 627. In the Article 78 proceeding, the Town had been upheld. However the Judge ruled that a loading dock for the building should be considered. Therefore, that application by Coughlin Realty was a reslut of the Court's decision. Mr. Coughlin and Victor D'Ortona, his new partner, appeared on behalf of the application. The applicant requested that no special loading space be required. In alternative, the applicant proposed a loading space adjacent to a walkway next to one of the garage entrances to the building, asserting that most deliveries and pick-ups are from vans which will be able to use such space easily. Mr. Coughlin stated that the only time that a large truck would be at the building would be when a tenant moved in or out. He said that offices are almost always moved at night and on the weekend. The applicants stated that they would be willing to designate one parking space for loading. They also said that they were not aware of any other office building in the Town of Mamaroneck that had a loading dock. Stanley Bierman of Clock Tower Associates, neighbor of the proposed building, appeared in opposition to the application, particularly with respect to the issue of a loading facility. He stated that trucks would use the bus stop instead of the designated space and such use would cause a traffic hazard. He suggested several altenatives, each of which would reduce the number of off-street parking spaces provided or would involve a loading space farther from the building's garage entrance. The meeting was briefly adjourned and was re-opened at 10:30 P.M. On motion of Mr. Gunther, seconded by Mr. Kelleher. the Board 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. On motion of Mr. Gunther, seconded by Mr. Kelleher, the Board voted two in favor - Messrs. Gunther and Kelleher ; two opposed - Messrs. Simon and Wexler; and one abstention - Mr. Negrin; that Coughlin Realty not be required to provide a space for loading and unloading of trucks. August 16, 1988 Page 11 Thereafter, on motion of Mr. Negrin, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Coughlin Realty has submitted an application to the Building Inspector, together with plans, to designate a parking space for loading and unloading; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted require a decison by the Zoning Board of Appeals as to whether such loading space is required by the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-70 (C) on the premises located at 178 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 627; and WHEREAS, Coughlin Realty submitted,an application for a variance,to this Board for it to determine reasonable and appropriate off-site loading requirements as stipulated in Section 89-70 (C) of the Zoning Ordinance; and WHEREAS, this Board has examined the plans, reviewed the application, heard all persons interested in this application after publication of a notice thereof and considered all factors entering into the loading and unloading needs of the use of the proposed building; 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. Space 014 shown on the drawing which the applicant submitted is reasonable and appropriate to use as a loading and unloading space. It measures 9' x 20' with a 5' access on one side. 2. One space is adequate. Were an additional space, farther from the garage entrance, provided by the applicant for loading and unloading, it is less likely that it would be used. It is undesirable to remove such extra space from use for parking. 3. The size of the building and number of likely tenants make one loading space adequate. The size of the loading space is appropriate for the type of delivery trucks which will use the loading space during office hours. The designation of one space for loading is therefore reasonable and appropriate in this situation. August 16, 1988 Page 12 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. FURTHER RESOLVED, that a variance is hereby granted and that Section 89-70 (C) of the Zoning Ordinance, which states that the Zoning Board of Appeals shall determine the off-site parking needs of buildings such as the one in question, shall be applied and that one loading space will be designated at the premises located at 178 Myrtle Boulevard and know on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 627 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 this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT The meeting was adjourned at 11:05 P.M. jant,"“j h7 . GZd Bonnie M. Burdick Recording Secretary