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HomeMy WebLinkAbout1989_08_16 Zoning Board of Appeals Minutes (2) MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK AUGUST 16,1989, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rene Simon Arthur Wexler Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Richard Carroll, Ass't 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 8:17 PM. APPLICATION NO. 1 - CASE 908 The Recording Secretary read the application as follows: Application of Leo Tomczyk requesting a variance from Section 89-33 B(2)(c) to reduce the side yard from 5.0 ft. required to 3.0 feet. , to reduce the rear yard from 5.0 ft. required to 3.0 ft. , and further a variance from Section 89-67 B which prohibits unenclosed off-street parking within 5.0 ft. of a side lot line, in an R-10 Zone District, for the proposed construction of a detached 2 car garage on the premises located at 46 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 180. Mr. Tomczyk appeared on behalf of his application. He wanted to convert a garage to a fourth bedroom as it is very crowded on the second floor with two grown-up daughters. The proposed driveway for the new garage is very close to his neighbor's driveway. Mr. Jakubowski stated that it has been the long-standing policy of his department to require a variance for a driveway. Mr. Tomczyk stated that he did not know whether a large tree in the backyard could be saved but that he would try hard to do so and that he would protect the tree on the lot line near the driveway. His neighbor, Michael Scheffler, appeared in opposition to the application. He stated that the two driveways with cars in them would August 16, 1989 -2- look like a parking lot. He felt that his property would decline in value and questioned Mr. Tomczyk's "hardship" in the matter. Mr. Scheffler also stated that it was his opinion that the preliminary vote at the last meeting had been a denial and that Mr. Tomczyk's application did not meet the substantive issues for a variance. Mr. Hoffman reiterated his position that the vote at the prior meeting constituted a non-action. Mr. Wexler stated that Mr. Tomcyzk's prior plans which were approved by the Board earlier had been much larger and that that proposed addition would have added a great deal of mass to the house. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously approved: WHEREAS, Leo Tomczyk has submitted an application to the Building Inspector, together with plans to construct a detached two-car garage with unenclosed parking on the premises located at 46 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 212 Parcel 180; 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)(c) and 89-67 B; and WHEREAS, Mr. Tomczyk 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. These plans have less mass than those of the other variance already granted. 2. The side driveway is not inconsistent with others in the community and in the neighborhood. August 16, 1989 -3- 3. The only neighbor complaining about the application has a non-conforming driveway which runs approximately 75 feet along his property line with the applicant. 4. The lot in question is an irregular, trapezoidal one. 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 89-33 B(2)(c) and 89-67 B of the Zoning Ordinance be varied and modified so as to allow the construction of a detached garage and unenclosed parking area on the premises located at 46 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 180 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 following conditions shall attach to the variance: 1. The driveway shall be 5 feet from the property line when at all possible, narrowing to 2 feet when near the large tree. 2. The driveway shall be covered with porous paving material. 3. The width of the garage shall not exceed 20 feet, and the depth shall not exceed 21 feet. 3. The driveway shall be screened by 5 feet high evergreens where practicable. 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 August 16, 1989 -4- construction is not started within six months and completed within II/ 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 922 The Recording Secretary read the application as follows: Application of Biao Afribank requesting a variance from Section 89-32 B(1) to reduce the front yard from 40.0 ft. required to 31.35 ft. , in an R-15 Zone District, to retain an enclosed room which will increase the extent by which the existing structure fails to meet the requirements pursuant to Section 89-57 on the premises located at 129 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcels 372 & 376. Patricia Ciulla of Houlihan-Lawrence Realtors represented the applicant. She explained that an open porch had been enclosed prior to the purchase of the house by a bank employee eight to ten years ago. The Board noted that the house was on a large piece of property - probably more than half an acre. 1111 On motion of Mr. Wexler, seconded by Mr. Simon, the Board 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 Board unanimously WHEREAS, Biao Afribank has submitted an application to the Building Inspector, together with plans, to retain an enclosed room on the premises located at 129 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 405 Parcels 372 and 376; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to C comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-32 B (1) ; and WHEREAS, Biao Afribank submitted an application for a variance to this Board on the grounds of practical difficulty August 16, 1989 -5- 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. Removing said room would be expensive. 2. The porch was enclosed prior to the purchase of the house by the last occupant. 3. The house is sited on an oversized, irregular lot with a large side yard. 4. The addition is not out of character with the house or the neighborhood. 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 Section 89-32 B(1) of the Zoning Ordinance be varied and modified so as to allow the retention of an enclosed room on the premises located at 129 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcels 372 and 376 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 August 16, 1989 -6- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. sett::* APPLICATION NO 3 - CASE 926 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Siva Prakasapillai requesting a variance from Section 89-31 B(2)(a) to reduce the side yard from 15.0 required to 10.3 ft. , in an R-20 Zone District, to retain a side deck n the premises located at 16 Wagon Wheel Drive and known on the Tax Assessment Map as Block 334 Parcel 18. Mr. Prakasapillai appeared on behalf of the application. He explained that he had planned to build a low deck not requiring a permit and had left the country. He came back to find an elevated deck built without proper paperwork. 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. Kelleher, seconded by Mr. Simon, the following resolutions were adopted: WHEREAS, Mr. and Mrs. Siva Prakasapillai have submitted an application to the Building Inspector, together with plans to allow to remain a side deck on the premises located at 16 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 334 Parcel 18; 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 89-31 B(2)(a) ; and WHEREAS, Mr. and Mrs. Prakasapillai 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; August 16, 1989 -7- 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 would be a financial hardship to the applicant to remove the deck which was built incorrectly while he was out of the country. 2. The lot has a large wooded side yard, and the deck is almost invisible from neighbors. 3. The rear yard has a severe grade which makes the deck inobtrusive to the rear neighbor and makes use of the area difficult without a deck. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. S. 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 Section 89 -31B (2)(a) of the Zoning Ordinance be varied and modified so as to allow the retention of a side deck on the premises located at 16 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Parcel 18 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, 1989 -8- APPLICATION NO. 4 - CASE 928 The Recording Secretary read the application as follows: Application of Mr. and Mrs. R. Markel requesting a variance from Section 89-32 B(2)(a) & (b) to reduce the side yard from 10.0 ft. required to 5.3 ft. and the total side yards from 30.0 ft. required to 14.1 ft. for the proposed construction of a kitchen addition and further requesting a variance from Section 89-32 B (2)(a) & (b) to reduce the side yard from 10.0 ft. required to 2.0 ft. and the total side yards from 30.0 ft. required to 10.8 ft. , in an R-15 Zone District, for the proposed construction of a roofed entry. The proposed addition will increase the extent by which the existing structure fails to meet the requirements pursuant to Section 89-57 on the premises located at 18 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 21. Mrs. Markel appeared on behalf of the application. She stated that the Markels would like to change the configuration of the stairway outside their kitchen and the layout of the kitchen as well. The staircase leading to the present door is steep - both of the applicants have fallen on it. The proposed four-foot wide landing will alleviate the hazard. The kitchen layout is awkward. The proposed variance will allow a one-foot "bulge" . Said "bulge" will make a new place within the kitchen for a refrigerator. On motion of Mr. Wexler, seconded by Mr. Gunther, the Board 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. Gunther, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. R. Markel have submitted an application to the Building Inspector, together with plans to construct a roofed entry and a kitchen addition on the premises located at 18 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 404 Parcel 21. 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 32 B(2)(a) and (b) and 89-57 ; and August 16, 1989 -9- WHEREAS, Mr. and Mrs. Markel 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 addition would not be visible from the street and would have minimal impact on the neighborhood. . 2. The lot is extremely irregularly shaped. It is very long and trapezoidal. The actual square footage of the proposed construction is very small. 3. The additions would be well screened from the nearest neighbor. Said neighbor's house is quite a distance from and considerably higher in grade than the applicant's house. 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 89-32 B(2)(a) and 89-32 B(b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a roofed entry and a kitchen addition on the premises located at 18 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 21 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 August 16, 1989 -10- 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. * a APPLICATION NO. 5 - CASE 929 The Recording Secretary read the application as follows: Application of the Estate of Dorothy P. Dowling requesting a variance from Section 89-35 B(3)(b) to reduce the side yard from 5.0 feet required to 0. 12 feet to retain a garage and further requesting a variance from Section 89-35 B(1) to reduce the front yard from 30.0 feet required to 8.0 feet to retain a shed which is not in the rear one-third of the lot as required pursuant to Section 89-35 B(3)(b) . The shed is within 30.0 feet of the secondary street frontage, in an R-6 Zone District, on the premises located at 65 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 590. Hunter Meighan, attorney, appeared on behalf of the estate. He stated that the house had been built in 1922 and submitted a Hammet's Atlas map of the area dated 1929 showing the garage and 8 other garages on adjacent lots. Mr. Meighan also stated that the shed is being removed. Mr. Jakubowski informed the Board that the ordinance establishing the applicable side yard requirements was promulgated in 1942. 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, the Estate of Dorothy Dowling has submitted an application to the Building Inspector, together with plans, to retain a garage on the premises located at 65 Myrtle August 16, 1989 -11- Boulevard and known on the Tax Assessment Map of the Town of Mamroneck as Block 124 Parcel 590. 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 89-35 B(3)(b) ; and WHEREAS, the Estate of Dorothy Dowling 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 garage had been built prior to 1942 when the applicable ordinance pertaining to side yards had been promulgated. ,,.. 2. There are other similarly located garages in the Nimpe immediate neighborhood. 3. The lot is irregularly shaped - long and narrow. 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 the following condition shall attach to this variance: The shed located within 30.0 feet of the secondary street frontage shall be removed no later than 30 days after the filing of this Resolution with the Town Clerk. IRO' FURTHER RESOLVED, that a variance is hereby granted and that Section 89-35 B(3)(b) of the Zoning Ordinance be varied and August 16, 1989 -12- modified so as to allow the retention of a garage on the premises located at 65 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 590 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. 6 - CASE 930 The Recording Secretary read the application as follows: Application of Dr. and Mrs. S. Shaw requesting variances for the proposed construction of a rear addition and also to retain an existing rear deck and a front enclosed porch. The rear addition and deck would have total side yards of 19.55 feet and the enclosed porch has total side yards of 19.7 feet where 25.0 feet is required pursuant to Section 89-33 B(2)(b) ; the enclosed porch and the deck have a side yard of 7.4 feet and 7.8 feet respectively where 10.0 feet is required pursuant to 89-33 B(2)(a) ; the enclosed porch has a front setback of 29.0 feet where 30.0 feet is required pursuant to Section 89-33 B(1) and further the additions as exist and as proposed would increase the extent by which the building fails to meet the Zoning requirements for an R-10 Zone District, on the premises located at 36 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 110. Dr. and Mrs. Shaw appeared on behalf of the application with their architect, Jim Murphy. Mrs. Shaw stated that the planned addition was for a family room, new master bedroom and bath. The Shaw's children need a space to entertain friends, and everyone needs a second bathroom on the second floor. She explained that the deck had been enlarged as a safety measure. Mr. Murphy stated that the enclosed porch had been in place when the Shaws bought the house. He felt that the new plans for the porch will make the house more attractive by removing a bow window and make circulation more logical by creating a new entrance. Building an addition and legalizing the deck and porch are less ``'*' expensive than buying a new house for the Shaws who like their neighborhood and location. Mr. Murphy stated that the August 16, 1989 -13- changes to the house are architecturally consistent with the house and its neighborhood. e 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. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously approved: WHEREAS, Dr. and Mrs. S. Shaw have submitted an application to the Building Inspector, together with plans, for the proposed construction of a rear addition and for the retention of an existing rear deck and front enclosed porch on the premises located at 36 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 219 Parcel 110. 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(1) , 89-33 B(2)(a) and 89-33 B(2)(b) ; and WHEREAS, Dr. and Mrs. Shaw 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 enclosed front porch existed prior to the purchase of the house by the applicants. Removal of said porch would be a financial hardship. 2. The rear deck has a low profile and is not obtrusive. August 16, 1989 -14- 3. The second-story addition alleviates the practical difficulty experienced by the applicants' growing family. w 4. The proposed addition is in line with the existing side lines of the building. 5. The lot is irregularly shaped and narrow causing a hardship to maintain the required setbacks. 6. The rear yard is well screened on every side. 7. The proposed addition is similar to existing structures in the neighborhood. 8. 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 9. 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(1) , Section 89-33 B(2)(a) and Section B(2)(b) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear addition and the retention of a rear deck and a front enclosed porch on the premises located at 36 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 110 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. 7 - CASE 931 ,06' The Recording Secretary read the application as follows: August 16, 1989 -15- Application of Mr. James Morris requesting variances from Section 89-35 B(3) to reduce the rear yard from 25.0 feet required to 22.4 feet, Section 89-35 B(2)(a) to reduce the side yard from 8.0 feet \,`, required to 6.35 feet and Section 89-35 B(2)(b) to reduce the total side yards from 18.0 feet required to 16.40 feet in an R-6 Zone District, to retain a rear deck on the premises located at 5 Orsini Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 668. Mr. Morris appeared on behalf of his application. He stated that at the time a 12 foot square addition had been added to the kitchen a contractor had left the job in the middle. The idea for a deck had occurred during construction, and the new contractor did not apply for a building permit for the deck. The deck was replaced in 1984. At that time it was made larger to accommodate more comfortably the Morris' seven-child family, and stairs to the yard were added. Mr. Morris submitted a petition favoring the deck signed by those neighbors impacted by it. Said petition will become a part of the record. On motion of Mr. Gunther, 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, James M. Morris has submitted an application to the Building Inspector, together with plans, for the retention of a rear deck on the premises located at 5 Orsini Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 122 Parcel 668. 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(2)(a) , 89-35 B(2)(b) and 89-35 B(3) ; and WHEREAS, Mr. Morris 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; August 16, 1989 -16- 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. Removal of the deck would cause a financial hardship. 2. Granting of the variance causes a minimum reduction in side and rear yard requirements. 3. The deck is heavily screened from neighbors and the street. 4. The deck is at a much higher level than the neighbor's yard on the side in question. The deck is adjacent to a turnaround, not living space or windows. 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 Section 89-35 B (2)(a) , 89-35 B(2)(b) and 89-35 B(3) of the Zoning Ordinance be varied and modified so as to allow the retention of a rear deck on the premises located at 5 Orsini Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 668 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 ar Clerk as provided in Section 267 of the Town Law. ***** August 16, 1989 414444 -17- APPLICATION NO. 8 - CASE 925 The Recording Secretary read the application as follows: Application of Mr. Joseph and Mr. Michael Mirabella to allow the subdivision of a parcel into two (2) lots where the parcel with the existing dwelling would have an area of 7,014.06 square feet where 10,000 feet is required pursuant to Section 89-33 A(1) ; a depth of 93.0 feet where 100.00 feet is required pursuant to Section 89-33 A(3) and a street frontage and width of 75.42 feet where 85.0 feet is required pursuant to Section 89-33 A(2) . The parcel to be created would have an area of 5,555.94 square feet where 10,000 square feet is required pursuant to Section 89-33A(1) ; a frontage and width of 57.0 feet where 85.00 feet is required pursuant to Section 89-33 A(2) and a depth 75.42 feet where 100.00 feet is required pursuant to Section 89-33 B(3) . Further the proposed dwelling would have a rear yard of 18.42 feet where 25.0 feet is required pursuant to Section 89-33 B(3) and a total side yard of 20.0 feet where 25.0 feet is required pursuant to Section 89-33 B(2)(b) , in an R-10 Zone District, on the premises located at 27 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 333. Richard E. Lanza, attorney, appeared on behalf of the Messrs. Mirabella who were present. Also present was another Joseph Mirabella, father of the two applicants. Mr. Hoffman stated that the Planning Board had referred the matter to the Zoning Board as a zoning variance is necessary in order to create a subdivision. The environmental review process was incomplete. More information was required before the SEQRA process could be completed. Mr. Lanza stated that young Joseph Mirabella had bought the house at 27 Holly Place and then learned that he could not qualify for a mortgage. His brother Michael had become Joseph's partner. The brothers ,want to divide the land and build a house on the new lot. The young men would live next door to their parents who have health problems and be able to continue to serve as volunteers in the Town of Mamaroneck Fire Department. Mr. Lanza submitted a Tax Assessment Map and a chart indicating and defining the lots which are less than 10,000 square feet in the area. This neighborhood was up-zoned from R-5 to R-10 in 1959. He also submitted a petition signed by those neighbors in favor of the application and photographs depicting the lots. Said photographs, map, chart and petition will become a part of the record. It was Mr. Lanza's contention that the addition of one house would not change the character of the neighborhood and would not require additional municipal or school services. Mr. Lanza stated that four generations of Mirabellas had lived in the Town and that the brothers do not intend to speculate with the property. -18- Many neighbors were in the audience. Those who spoke in opposition were: David, Marian and Simon Sanders, 5 Hudson Place; John Cuddy, 11 Holly Place; Adrienne Silver, 27 Rockland Avenue; Harmon and Rosetta Putter, 34 Holly Place; Jonathan Richards, 2 Forest Place; Ralph Steiner, 12 Hudson Place; Beatrice Green, 18 Hudson Place; a representative of Eric and Patricia Chapman, 7 Hudson Place; and a representative of Mr. and Mrs. Donald Ludwig, 16 Hudson Place. These neighbors largely reiterated statements made in correspondence received by the Board. They stated that it had been their understanding that zoning was set when they bought their houses, that the new lot would be an unusual shape - a flagpole lot - and that adding a house would lower the property values of their houses. It was stated that the neighborhood is congested now, that granting such a variance would "open the door" for similar variances and that the hardship is a self-inflicted one. It was also stated that there are many houses for sale in the Town and that it would be likely that the Mirabellas could lease houses in the neighborhood. A petition was presented in opposition with signatures representing 16 houses. This petition will become a part of the record. Peter Perciasepe, 96 Myrtle Boulevard, and Richard Tortorella, Chief, Town of Mamaroneck Fire Department, of 61 West Garden Road, spoke in favor of the application. Mr. Perciasepe stated that the volunteer department saves Town taxpayers more than 4.6 million dollars a year and that it is becoming hard to keep young, active firefighters as housing costs in the Town are so high. Mr. Perciasepe and Chief Tortorella urged p g granting the variance in order to enable the Department to keep two good men. Mr. Negrin noted that there is a housing task force studying the problem of affordable housing in the Town and that every list of those eligible for such housing that he has seen is topped by volunteer firemen. Four members of the Board wanted to review the additional information requested by Gary Trachtman, Consulting Engineer to the Town, for the SEQRA process. Therefore, decision on this application was deferred. NEXT MEETING It was agreed that the next meeting would be September 27, 1989. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 12:01 PM. j, A • idiredi Bonnie M. Burdick Recording Secretary