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HomeMy WebLinkAbout1989_08_23 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK AUGUST 23, 1989, IN THE COURTROOM, 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: Steven M. Silverberg, Counsel Richard Carroll, Ass't Building Inspector Marci Altman, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:20 PM. Mr. Negrin informed the Board that an application in the Village of Mamaroneck similar to the Auffarth and Mirabella applications that are pending before this Board had been denied. He has asked that the minutes from the Village be sent to this Board. Ruth Siegal, the first applicant was not at the meeting. Mr. Negrin noted that he had reviewed the site and that the fence in question was in place. He stated that when the application came before the Board again the notice should be reworded. Mr. and Mrs. Wiener, the applicants for the second application, had notified the Board in writing that they would not be available to attend the meeting. APPLICATION NO. 3 - CASE 934 Application of Mr. & Mrs. Novick requesting a variance from Section 89-33 B(3) to reduce the rear yard from 25.0 feet required to 18.75 feet, in an R-10 Zone District, for the proposed construction of a rear sundeck 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 755 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 341. Mr. and Mrs. Novick appeared on behalf of the application. Mr. Novick stated that it was necessary to replace a rotted deck with one that is larger. The Novicks have four children, one of whom is handicapped, and the deck is a necessary play space. A larger deck would allow space for eating and cause the Novicks to move a table that is close to their neighbors lot line to said deck. The Novicks decided to not August 23,1989 -2- cover a window by building the deck the full width of the house. The yard is well screened with trees and shrubbery and is on a lower grade than those of neighbors. 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 adopted: WHEREAS, Mr. and Mrs. David Novick have submitted an application to the Building Inspector, together with plans, to construct a rear sundeck on the premises located at 755 Forest Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 220 Parcel 341. WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-33 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Novick 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 replacement of a rotting deck with one of a modest increase in size does not require a significant additional variance. 2. The side yard has a lot of open space, and the deck would not encroach significantly on any neighbors' yard. August 23,1989 -3- 3. There are trees and shrubs screening the rear and side yards. 4. The deck is not so large that it will cover a window on the ground floor. 5. The applicants demonstrated both practical difficulty and personal hardship. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. 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 8. 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 the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-33 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a rear sundeck on the premises located at 755 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 341 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** APPLICATION NO. 4 - CASE 935 The Recording Secretary read the application as follows: Application of J. Scott Coburn and Eileen A. King requesting a variance from Section 89-44 D to retain a six (6) foot high shadow box fence which encloses the backyard patio, in a Residence Zone August 23,1989 -4- District, on the premises located at 6 Byron Lane and known on the Tax Assessment of the Town of Mamaroneck as Block 121 Parcel 386. Ms. King appeared on behalf of the application. She stated that she and her husband had built the fence not knowing that a permit was needed. The backyard has a severe grade and an extreme four-foot drop to the driveway. The couple's 21-month-old son is three-feet tall and needs to be confined in a structure more than four-feet high. 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 by Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, J. Scott Coburn and Eileen A. King have submitted an application to the Building Inspector, together with plans, to allow the retention of a six (6) - foot high shadow box fence on the premises located at 6 Byron Lane and known on the Tax Assessment Map of the Town of Mamroneck as Block 121 Parcel 386; 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 89-44 D; and WHEREAS, Mr. Coburn and Ms. King 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 severe grade of the back yard and a four-foot drop to the driveway create a hardship. August 23,1989 -5- 2. The fence is set back from the property lines so that there is not apparent encroachment on the neighbors. 3. The fence is visually consistent with the exterior of the 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 the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-44 D of the Zoning Ordinance be varied and modified so as to allow the construction of a six (6) - foot high shadow box fence on the premises located at 6 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 386 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. 5 - CASE 936 The Recording Secretary read the application as follows: Application of Mr. and Mrs. David Panno requesting a variance from Section 89-33 B(2)(a) to reduce the side yard from 10.0 feet required to 6.0 feet, in an R-10 Zone District, for the proposed construction of a one story rear addition on the premises located at 20 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 127. August 23,1989 -6- Leonard Weinberg, architect, appeared with Dr. and Mrs. Panno. He explained that the Pannos wanted to extend their kitchen and to add a ground-floor powder room and a family room to their house . These changes will accommodate a growing family and fit modifications in residential design. The Pannos wanted to maintain a formal living and dining room away from a less formal kitchen and family room and felt that the design chosen was best for them. The Pannos also were anxious to preserve a large tree in the back yard. Mr. Weinberg stated that the closest house was about 60 feet away and that the Pannos intended to add evergreen shrubs near the lot line with this house. Mr. and Mrs. Kenneth Osthus, 350 Weaver Street, the neighbor most impacted by the construction, appeared in opposition to the plans. Mr. Osthus stated that his yard had a huge rock and a fish pond close to the construction. He felt that the proximity of the addition would disturb his solace. Also, Mr. Osthus informed the Board that the Pannos were anticipating building an addition to their garage during the contemplated construction. Although this fact was not reflected in the plans submitted„ the members of the Board confirmed that the basic matter before them was the side yard variance. Mr. Wexler stated that the addition was adding a great deal of mass to the Panno's house and that he felt that there were alternate ways to build an addition which would create less bulk. TEMPORARY ADJOURNMENT Mr. Negrin declared a short recess at 10:10 PM. The meeting reopened at 10:15 PM. On motion of Mr. Wexler, seconded by Mr. Kelleher, 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. Gunther, seconded by Mr. Simon and with Mr. Kelleher voting in favor and Mr. Negrin and Mr. Wexler abstaining, the following resolutions were adopted: WHEREAS, Dr. and Mrs. David Panno have submitted an application to the Building Inspector, together with plans, to construct a one-story rear addition on the premises located at 20 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 219 Parcel 127. August 23,1989 -7- 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(2)(a) ; and WHEREAS, Dr. and Mrs. Panno 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 house has an unusually shaped lot with a sloping line on the western side. 2. The addition preserves an existing tree and retains a large portion of the yard for the applicant. 3. The addition is in harmony with the nature of the neighborhood. It does not severely encroach in view of the 60 to 70 feet between the Panno's house and the house on the western side of the property. 4. The applicant has demonstrated the practical difficulty of a growing family needing additional space. 5. The lot is large, and the addition, while large, will not overwhelm the remaining space available. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. 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 8. 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 the variance granted by this Board will accomplish this purpose; and it is August 23,1989 -8- FURTHER RESOLVED that the following condition shall be attached to the variance: Considerable vegetation or plantings shall be added along the western property line. FURTHER RESOLVED, that a variance is hereby granted and that Section 89-33 B(2)(a) of the Zoning Ordinance be varied and modified so as to allow the construction of a one-story rear addition the premises located at 20 Landsdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 127 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. ****** ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned at 10:45. * it 161?"‘"4 Bonnie M. Burdick, Recording Secretary