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HomeMy WebLinkAbout1988_12_21 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK DECEMBER 21, 1988, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK vE® Ric 0Present: Joel Negrin, Chairman t. Patrick B. Kellehert�\� J. Rene Simon Vi' PRp�F° 11 Arthur Wexler gyp' Absent: Thomas E. Gunther Also Present: Edward M. Lieberman, Town Counsel William E. Jakubowski, Buidling Inspector Lisa Parrella, Court Stenographer Carbone, Kazazes & Associates 225 Mt. 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. NEXT MEETING The next meeting of the Zoning Board will be January 25, 1988. APPROVAL OF MINUTES Upon motion of Mr. Negrin, seconded by Mr. Simon, the minutes of July 12, 1988 were approved. APPLICATION NO. 1 - CASE 882 The Recording Secretary read the application as follows: Application of Ms. Jo Ann Kapnek requesting variances from Section 89-33 B (2) (a) to reduce the side yard from 10.0 ft. required to 8.1 ft. , (8.1 ft. existing) , Section 89-33 B (3) to reduce the rear yard from 25.0 ft. required to 21.0 ft. , and Section 89-57 for the proposed construction of a rear deck which will increase the extent by which the existing structure fails to meet said requirements, in an R-10 Zone District, on the premises located at 711 Forest Avenue and known on the Tax Assessment Map of the Town of Mamarneck as Block 220 Parcel 438. Ms. Kapnek appeared on behalf of her application. She stated that her present smaller deck is in a state of decay and is a hazard. She would find a slightly larger deck more serviceable. Currently, there are two Westchester County sewer easements in her yard which make placement of a deck elsewhere on her property impossible. December 21, 1988 -2- 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. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Jo Ann Kapnek has submitted an application to the Building Inspector, together with plans, to construct a 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 Sections 89-33 B (2) (a) , 89-33 B (3) and 89-57 on the premises located at 711 Forest Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 220 Parcel 438; and WHEREAS, Ms. Kapnek 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. Placement of the proposed deck in a conforming location is prevented because of sewer easements in her rear yard. 2. The present deck is too small to be serviceable. 3. The plans for a larger deck will allow a more practical use of the deck, house and land. 4. The area around the proposed deck is well screened from adjacent property by shrubbery. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. December 21, 1988 -3- 6. The granting of the variance is in harmony with the general purposes and intent of the Zoning 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) (a) , 89-33 (B) (3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 711 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 438 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. 2 - CASE 883 The Recording Secretary read the application as follows: Application of Mr. Augustine DiFiore requesting variances from Section 89-35 B(2) (a) to reduce the side yard from 8.0 ft. required to 5.25 ft. , Section 89-35 B (1) to reduce the front yard from 30.0 ft. required to 9.34 ft. and Section 89-57 to retain an existing enclosed porch which increases the extent by which the existing structure fails to meet said requrements, in an R-6 Zone District, on the premises located at 18 Winthrop Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 51. Mr. DiFiore appeared on behalf of his application. He stated that he was refinancing his house and that the bank was holding $5,000 in escrow pending granting of a Certificate of Occupancy. He stated that the house, built in 1914, had had an open porch on it then. The porch December 21, 1988 -4- was enclosed between 1935 and 1966 when he purchased the house. He cited the estimated expense of $5,000 for moving the porch and the potential for loss of rental income. 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. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Augustine DiFiore has submitted an application to the Building Inspector, together with plans to allow to remain an enclosed porch; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B (2 (a) , 89-35 B (1) and 89-57 on the premises located at 18 Winthrop Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 410 Parcel 51; and WHEREAS, Mr. DiFiore 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 porch has been enclosed for a considerable period and was enclosed before applicant purchased the premises. 2. The design is appropriate for houses of this style. 3. The design and setback of the enclosed porch is consistent with other houses in the area. 4. The variance granted is the minimum to alleviate December 21, 1988 -5- the practical difficulty detailed in the application. 5. The removal of the porch might cause the first floor of the house to be less than the required 700 square feet. 6. The granting of the variance is in harmony with the general purposes and intent of the Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-35 B (2) (a) , 89-35 B (1) and 89-57 of the Zoning Ordinance be varied and modified so as to allow to remain an enclosed porch on the premises located at 18 Winthrop Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 51 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. 3 - CASE 884 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Gary Allen requesting variances from Section 89-35 B (2) to reduce the side yard from 8.0 ft. required to 1.7 ft. and Section 89-57 to retain an existing deck which increases the extent by which the existing structure fails to meet said requirements, in an R-6 Zone District, on the premises located at December 21, 1988 -6- 23 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 178. Mr. Allen appeared on behalf of his application. He explained that the deck had been in place when he bought the house this past summer. The neighbors believe that it was built three years ago. The deck is needed for his wife who has a handicap. The yard is screened by shrubs and fencing from neighbors. Mr. Allen presented favorable letters from the two neighbors most affected by the porch. 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. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. & Mrs. Gary Allen have submitted an application to the Building Inspector, together with plans to allow to remain a 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 Sections 89-35 B (2) and 89-57 on the premises located at 23 Weaver Street and known on the Tax Assessment Map of the Town of Mamroneck as Block 410 Parcel 178; and WHEREAS, Mr. & Mrs. Allen have 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 substantial open and wooded areas behind the house and to the southeast side of the house where the deck is located so it is not obtrusive. December 21, 1988 -7- 2. The deck is required so that applicant's handicapped wife can use the property. 3. The variance granted is the minimum 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 Sections 89-35 B (2) and 89-57 of the Zoning Ordinance be varied and modified so as to allow to remain a rear deck on the premises located at 23 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 178 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 885 The Recording Secretary read the application as follows: Application of Mr. & Mrs. P. Williamson to renew an expired variance previously granted on July 22, 1988 for construction of a deck with a front yard setback of 17.0 ft. where 30.0 ft. is required pursuant to Section 89-35 B(1) ; and further requesting variances for the proposed enclosure of a screened porch. The proposed room would have a front yard of 12.0 ft. (no increase from the existing screened porch size) where 30.0 ft. is required pursuant to Section 89-35 B (1) and increase December 21, 1988 -8- the extent by which the structure fails to meet the requirements pursuant to Section 89-57, in an R-6 Zone District, on the premises located at 17 Orsini Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 488. Mark Mustacato, architect, appeared with the applicant. He explained that the deck had been built follwoing the grant of a zoning variance, but that the builder had failed to get a building permit. The Williamsons also want to enclose a porch which has been on the house since it was built. The neighbors have no objection and said that there will be less noise when the porch is enclosed. This property has two front yards which makes conforming difficult. The porch, which has been in existence since 1929, does not further encroach into the yard. 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. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. & Mrs. P. Williamson have submitted an application to the Building Inspector, together with plans to renew an expired variance granted on July 22, 1987 and to enclose a screened porch; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B (1) and 89-57 on the premises located at 17 Orsini Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 121 Parcel 488; and WHEREAS, Mr. and Mrs. Williamson have 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: December 21, 1988 -9- 1. This house has two front yards which make conformity to regulations difficult. 2. The existing porch has been in existence since 1929. 3. There is no further encroachment into the yard by enclosing the porch. 4. The time extension was caused by a lack of communication between the architect and the builder. 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 the Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-35 B (1) and 89-57 of the Zoning Ordinance be varied and modified so as to renew an expired variance previously granted on July 22, 1987 for the construction of a front yard deck and to allow the enclosure of a screened porch on the premises located at 17 Orsini Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 488 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. ***** December 21. 1988 -10- APPLICATION NO. 5 - CASE 886 The Recording Secretary read the applcation as follows: Application of Mr. Gregory Gardellis requesting variances from Section 89-35 B (2) (a) to reduce one side yard from 8.0 ft. required to 6.23 ft. , Section 89-35 B (2) (b) to reduce the total side yards from 18.0 ft. required to 12.80 ft. and Section 89-57 for the proposed construction of a rear dormer which will increase the extent by which the existing structure fails to meet said requirement, in an R-6 Zone District, on the premises located at 81 Hickory Grove Drive West and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 746. Mr. Gardellis appeared on behalf of his application. Mr. Gardellis stood before the Board and emphazised his height in excess of 6 ft. and furhter indicated that his son's growth is such that he is expected to reach the same or similar height. He stated that the ceiling in his son's bedroom is sloped making the bedroom awkward for him to use. Mr. Gardellis submitted favorable letters from two neighbors. 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. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. Gregory Gardellis has submitted an application to the Building Inspector, together with plans to construct a rear dormer; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B (2) (a) and (b) and 89-57 on the premises located at 81 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 217 Parcel 746; and WHEREAS, Mr. Gardellis submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and December 21, 1988 -11- 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 will be no changes of architectural details. 2. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 3. The proposed dormer will not further reduce the existing side yard setbacks. 4. The granting of the variance is in harmony with the general purposes and intent of the Zoning 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 Sections 89-31 B (2 (a) and (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a rear dormer on the premises located at 81 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 746 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is 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 December 21, 1988 -12- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** APPLICATION NO. 6 - CASE 887 The Recording Secretary read the application as follows: Application of Mr. James O'Brien requesting variances from Section 89-35 B (1) to reduce the front yard from 30.0 ft. required to 11.1 ft. , Section 89-35 B (2) (a) & (b) to reduce the side yards from 8.0 ft. required to 3.95 ft. and 2.25 ft. and to reduce the total side yards from 18.0 ft. required to 6.20 ft. and Section 89-57 to retain an existing enclosed porch which increases the extent by which the existing structure fails to meet said requirements, in a R-6 Zone District, on the premises located at 8 Locust Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 51. Mark Mustacato, architect, appeared on behalf of the applicant. He stated that the house is very unusual. It is on a 25 ft. lot, thus making compliance with the Zoning Ordinance impossible and both house and property are non-conforming. The house was built with an open porch which was enclosed prior to 1950. The stairs on the porch were recently replaced as built. On motion of Mr. Wexler, seconded by Mr. Kelleher, 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. On motion by Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanaimously adopted: WHEREAS, Mr. James O'Brien has submitted an application to the Building Inspector, together with plans to allow to remain an enclosed porch; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B (1) and (2) (a) and (b) and 89-57 on the premises located at 8 Locust Terrace and known on the Tax Assessment Map of the Town of Mamroneck as Block 505 Parcel 51; and December 21, 1988 -13- WHEREAS, Mr. O'Brien 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 porch was enclosed prior to 1950. 2. The lot is unusually small and narrow, making compliance with the requirement of the Zoning Ordinance impossible. 3. The variance granted is the minimum 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 the Zoning 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 Sections 89-35 B (1 and (2) (a) and (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow to remain an enclosed porch on the premises located at 8 Locust Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 51 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 December 21, 1989 -14- 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 888 This case was held over to the next meeting. FINAL MEETING Mr. Negrin thanked Mr. Lieberman for his service as attorney to the Board for the past year. ADJOURNMENT On motion of Mr. Negrin, seconded by Mr. Kelleher, the meeting was adjourned at 9:50 PM. 4464.;# Bonnie M. Bick Recording Secretary