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HomeMy WebLinkAbout1988_02_23 Zoning Board of Appeals Minutes 11155114Nkk 'at111at 00 MINUTES OF THE REGULAR MEETING OF THE44 ZONING BOARD OF THE TOWN OF MAMARONECK FEBRUARY 23, 1988, IN THE COURT ROOM, TOWN OFFICES 07F1-% 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK • CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:24 P.M. ROLL CALL Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B.Kelleher J.Rene Simon Arthur Wexler Also present: Stephen V. Altieri, Town Administrator Edward M. Lieberman, Town Counsel William E.Jakubowski, Building Inspector Joseph Jacoby, Public Stenographer J & L Reporting Service 180 East Post Road White Plains, NY Bonnie M. Burdick, Recording Secretary Certain of the matters before the Board have been in litigation, and the Board sought the advice of its Counsel. Therefore, on motion by Mr. Simon, seconded by Mr. Gunther, at 8:25 the Board adjourned into executive session. The Board returned and reconvened the meeting at 8:40 P.M. APPROVAL OF MINUTES On motion by Mr. Simon, seconded by Mr. Gunther, the minutes for January 27, 1988 were unanimously approved. Further, on motion by Mr. Simon, seconded by Mr. Gunther, the minutes for December 27, 1987 and October 27, 1987 were unanimously approved. APPLICATION NO. 1 - CASE 822 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Joel Leichter requesting a variance from Article XI Section 89-67 B for the development and use of an unenclosed February 23, 1988 -2- off-street parking area (for two vehicles) within 25 feet of a front lot line, prohibited in any residence district; and further requesting a variance from Article I Section 89-3 to reduce the depth of each parking space from 20 feet required to 15 feet and 18 feet respectively, on the premises located at 202 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 91. Mr. Lieberman reported that none of the documents that the Board and he had requested from the applicants had been sent to him. Mr. and Mrs. Leichter promised that Mr. Lieberman would have said documents within 2 weeks. On motion by Mr. Gunther, seconded by Mr. Simon, the matter was unanimously put over to the next meeting. ***** NEXT MEETING The next meeting will be held Tuesday, March 22, 1988. **** APPLICATION NO. 2 - CASE 826 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Uri Adner requesting a variance fro Article XI Section 89-67 B for the development and use of an unenclosed off-street parking area (for two vehicles) within 25 feet of a front line, prohibited in any residence district, on the premises located at 200 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 98. Mr. and Mrs. Adner will provide the documents in question to Mr. Lieberman within 2 weeks. On motion by Mr. Gunther, seconded by Mr. Kelleher,. it was unanimously decided to put over the matter until the next meeting. ***** , APLICATION NO. 3 - CASE 827 The Recording Secretary read the application as follows: Application of Mr. Alan Jay Halperin requesting a variance from Article VI Section 89-31 B(1) to reduce the front yard from 40.0 feet required to 33.15 feet, in an R-20 Zone District, for the proposed construction of a front entrance foyer on the premises located at 4 Hidden Green Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 209 Parcel 474. February 23, 1988 -3- David Taylor, Architect, appeared in favor of the application. The owner wants to extend the built-out entryway to remove the entry from the living room, to make more of an entrance, and to install a second story bay window. At the same time it is proposed to extend the entrance platform which is currently narrov, very awkward, and unsafe. The Board had no objection to the application. Therefore, on motion by Mr. Wexler, seconded by.Mr. Gunther it was unanimously RESOLVED, that this is a Type II action having no significant impact on the environment as determined by New York State and corresponding local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Wexler, seconded by Mr. Simon, the following Resolution was unanimously adopted: . WHEREAS, Mr. Alan Jay Halperin submitted an application to the Building Inspector, together with plans, to allow the construction of a front entrance foyer; and WHEREAS, the Building Inspector has refused 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 VI Section 89-31 B (1) on the premises located at 4 Hidden Green Lane and known on the Tax Assessment Map of the Town ofMamaroneck as Block 209 Parcel 474; and WHEREAS, Mr. Halperin submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. The current entrance is awkward inside. 2. The current entrance platform is narrow, awkward,and unsafe. 3. The residence is situated on an irregular lot. 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, THEREFRORE, BE IT RESOLVED, that this Board hereby grants the application on the following. grounds: A. That there are special circumstances and/or conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. B. That the said circumstances or conditions are as follows: February 23, 1988 -4- 1.That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-31 B (1) would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board will . accomplish this purpose. 2. That the proposed addition is a moderate request. 3. That 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 deterimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-31 B (1) be varied and modified so as to allow the construction of a front entrance foyer on the premises located at 4 Hidden Green Lane and known on the Tax.Assessment Map of the Town of Mamaroneck as Block 209 Parcel 474 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 in accordance with the rules and regulations of the Zoning Ordinance, 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. The building permit shall be void if construction is not started 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 828 The Recording Secretary read the application as follows: Application of Mr. and Mrs. M. Weisburgh requesting variances from Articles VI Sections 89-33 B (1) and 89-57 to reduce the front yard on West Garden Road from 30 feet required to 20.0 feet (existing) and the front yard on West Brookside Drive from 30 feet required to 24.0 (existing) in an R-10 Zone District, for the proposed construction of a second floor addition which will increase the extent by which the existing building fails to meet said requirements on the premises located at 19 West Brookside Drive and known on the Tax Assessment Map. of the Town of Mamaroneck as BLock 217' Parcel 810. Mr. Weisburgh appeared in favor of the application. He explained that the house was extremely crowded currently and another child is expected. He stated that it would be necessary to move if the variance was not granted. February 23, 1988 -5- The Board felt that the request would have a minimal adverse effect on the neighborhood. . On motion by Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED,that this is a Type II action having no significant impact on the environnment as determined by New York State or corresponding . local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Kelleher, seconded by Mr. Simon, the following Resolution was unimously adopted: WHEREAS, Mr. and Mrs. M. Weisburgh submitted an application to the Building Inspector, together with plans, to construct a second-floor addition; and • WHEREAS, the Building Inspector has refused.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 VI Section 89-33 B (1) and 89-57 on the premises located at.19 West Brookside, Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 810; and WHEREAS, Mr. and Mrs. Weisburgh submitted an application for a variance to this Board on the grounds of prctical difficulty and/or unnecessary hardship for the following reasons: 1. The house is crowded with only one bathroom on the second floor. 2. Another child is expected who will cause even more crowding. 3. The proposal is to construct a second story only above an existing first story and, therefore, will not increase the existing non-conformity with respect to set-backs. 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 hereby grants the application on the following grounds: . , A. That there are special circumstances and/or conditions applying to the land for which the variance is sought, which circumstances and/or conditions• have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. B. That the said circumstances and/or conditions are as follows: February 23, 1988 -6- 1. That said circumstances or conditions are such that the application of the Zoning Ordinance with respect to Article VI Section 89-33 B (1) and 89-57 would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board will accomplish this purpose. 2. That the proposed addition is a moderate request. 3. That 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 orotherwise detrimental to the public welfare; and it is • FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 B (1) and 89-57 be varied and modified so as to allow the construction of a second-floor addition on the premises located at 19 West Brookside Drive and known on the Tax Assessment Map of'the Town of Mamaroneck as Block 217 .Parcel 810 in strict conformance with the plans filed with this aplication, 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 in accordance with the rules and regulations of the Zoning Ordinance, 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. The. builidng permit shall be void if construction is not started 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 829 The Recording Secretary read the application as follows: Application of Mr. Mark Klein requesting a variance from Article VI Section 89-31 B (3) to reduce the rear yard from 40 feet required to 37.0 feet, in an R-20 Zone District, to permit an existing rear deck to remain on the premises located at 18 Prince Willows Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Parcel 3. William Maker, Jr. , attorney, appeared on behalf of Mr. Klein. He stated that the deck was built in accordance with the building permit issued. When the new Building Inspector made his inspection, the deck was found to be non-conforming. The Board requested an "as-built survey" to determine the precise extent of any non-conformity. February 23, 1988 -7- Therefore, on motion by Mr. Simon, seconded by Mr. Wexler, th, Board agreed unanimously to adjourn this matter pending receipt of :i new survey. APPLICATION NO. 6 - CASE 830 The Recording Secretary read the application as follows: Application of Maffei Brothers requesting variances from Article VI Sections 89-58 (A) and (B) and 89-32 (B) (1) and a variance from the requirement that the lot have 125 feet frontage on a public street as defined in Section 280-a of the Town Law for the proposed construction of a one-family dwelling. The parcel is located at 3 Hommocks Road and known on the Tax Assessment Map as Block 412 Parcel 338. Mr. Lieberman advised that a mistake had been made in the public notice, and, therefore, a final approval could not be granted at this meeting. Donald S. Mazin, attorney, appeared for the aplicants. He explained that a variance had been granted previously, when the zoning was R-7.5 , which had since expired. A neighbor, Mrs. Nowakowski, had appeared before the Board in October 1987, with a similar request, and was granted a variance. Mr. Mazin said that the construction of a house was the only viable use for the land and that if the variance was not granted, the land would be left vacant and tax money would be lost. His clients indicated that they would be willing to move the house 1 foot deeper into the lot to make it more in conformity with the Ordinance. The Board requested a street search. Mr. Mazin said one had been ordered. Pending its receipt and considering the mistake in the public notice, it was decided to postpone action. Therefore, on motion by Mr. Kelleher, seconded by Mr. Simon, the Board voted unanimously to put over the decision on Case 830. * ** APPLICATION NO. 7 - CASE 831 Mr. and Mrs. Scheler had withdrawn their application prior to the meeting. APPLICATION NO. 8 - CASE 832 The Recording Secretary read the application as follows: February 23, 1988 -8- Application of Mr. and Mrs. Barry Wohl requesting a variance from Article VI Section 89-34 B (1) to reduce the front yard setback from 30.0 feet required to 16.65 feet to permit an existing front entrance storm enclosure to remain on the premises located at 245 Rockingstone Avenue and known on the Tax Assessment Map as Block 115 Parcel 89. Mr. Wohl appeared in support of his application. He explained that the front entrance had been on the house for 30 years. The non-conformity .was not discovered until the property changed hands. Mr. Wohl seid that he would incur much expense to remove the 'entrance and that the entrance was an energy conservation buffer. • • Since the enclosure had been in existence for so long, the Board saw no • reason to request. its removal. • Therefore, on motion by Mr. Wexler,- seconded by Mr. Simon, it was unanimously: RESOLVED, that this is, a Type II action having no significant impact on the environment as determined' by New York State or corresponding local law, therefore requiring no furhter action under SEQR. Thereafter on motion by Mr. Simon, seconded by Mr:Kelleher, the following Resolution was unanimously adopted: • WHEREAS, Mr. and Mrs. Barry Wohl submitted an appliction to the Building Inspector, together with plans,to allow the structure, namely a front entrance storm enclosure,. to remain as it presently exists; • and WHEREAS, the Building Inspector has refused 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 VI Section 89-34 B (1) on the premises located cc 245 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 89; and WHEREAS, Mr. and Mrs. Wohl submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. The enclosure has been in place for 30 years, and the front of the house, which preexists the Ordinance, is set. back 20 feet from the street. 2. Removing the enclosure would be expensive. 3. The enclosure acts as an energy conserving buffer. • • WHEREAS, this Board has examined the plans, reviewed the applcation and has heard all persons interested in this application after .publication of a notice thereof, • February 23, 1988 -9- • NOW, THEREFORE, BE IT RESOLVED,that this Board hereby grants the application on the following grounds: A. That there are special circumstances and/or conditions applying to the land for which the 'variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicants subsequent to the date of the Zoning Regulations appealed from. B. That the said circumstances or conditions are as follows: 1. That said circumstances or conditions are such that the particular appliction of the Zoning Ordinance with respect • to Article VI Section 89-34 B (1) would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this' Board will accomplish this purpose. 2. That the proposed addition is a moderate request. 3. That 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 cteterimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 B (1) be varied and_ modified so as to allow to remain a front entrance storm enclosure on the premises located at 245 Rockingstone Avenue and known on the Tax Assessment of the Town of Mamaroneck as Block 115 Parcel 89 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 in accordance with the rules and regulations of the Zoning Ordinance, 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. The building permit shall be void if construction is not started 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. • There being no further business to come before the meeting, on motion By Mr. Kelleher, seconded by Mr. Gunther, the meeting was adjourned at 11:11 P.M. Ane; 1/0)2. Bonnie M. Burdick Recording Secretary