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HomeMy WebLinkAbout1989_07_26 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JULY 26, 1989, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Patrick B. Kelleher J. Rene Simon Absent: Thomas E. Gunther Arthur Wexler Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, 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 8:25 PM. As there were but three members present, Mr. Negrin explained that all must be in agreement to approve or disapprove an application. APPLICATION NO. 1 - CASE 901 Rita Gilbert, attorney, asked that the application be postponed until all five members could hear it. SEPTEMBER MEETING The meeting for September was tentatively set for September 27th. APPLICATION NO. 2 - CASE 918 This case was withdrawn. APPLICATION NO. 3 - CASE 919 The Recording Secretary read the application as follows: Application of Jean Francois and Marie Faivre requesting a variance from Section 89-67B to retain a 9.0 ft. by 28.1 ft. unenclosed off-street parking facility with a 0.0 ft. setback where a 25.0 ft. setback is required, in an R-10 Zone District, on the premises located at 25 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 382. July 26, 1989 -2- Denise Ward, attorney, presented the application. She stated that the area was there in 1986 and appeared to have been there for at least 10 years. The house is now being sold and proper documentation is necessary. Parking on the street is dangerous and not allowed at night. On motion of Mr. Kelleher, 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. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Jean Faivre have submitted an application to the Building Inspector, together with plans to allow to remain the unenclosed off-street parking area as it presently exists on the premises located at 25 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 382; 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 89-67 B; and WHEREAS, Mr. and Mrs. Faivre 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 parking area has been there at least 10 years and would be difficult and expensive to remove; July 26, 1989 -3- 2. The street is an unusually unsafe one making on-street parking difficult; 3. Granting of the variance, as conditioned, 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 FURTHER RESOLVED, that the following conditions shall attach to this variance: 1. Parking in the area shall be confined to the rear 9 x 20 feet. 2. Screening of shrubbery and trees shall be maintained along the 25 ft. closest to the garage. FURTHER RESOLVED, that a variance is hereby granted and that Section 89-67 B of the Zoning Ordinance be varied and modified so as to allow to remain an unenclosed off-street parking area on the premises located at 25 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 382 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 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 920 The Recording Secretary read the application as follows: Application of Mr. and Mrs. George Steers requesting a variance from Section 89-44D to construct a 5 ft. high fence (four [4] ft. height maximum permitted) , in an R-6 Zone District, on the premises located at 12 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 342. Mrs. Steers appeared on behalf of the application. She stated that she wanted to build the fence to protect her young child, to hide her garbage cans and to realize some privacy. It was realized that only 8 of the 33 linear feet of the fence were within the purview of the Board. July 26, 1989 -4- On motion of Mr. Kelleher, 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. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. George Steers have submitted an application to the building Inspector, together with plans, to allow the construction of a five-foot high fence which would exceed the four-foot height limit allowable on the premises located at 12 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 342; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Section 89-44 D which would exceed the four-foot height allowance; and WHEREAS, Mr. and Mrs. Steers 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 there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The Steers seek protection for their young child. 2. The Steers seek privacy from their neighbors. 3. The variance will be for only 8 ft. and the fence will be perpendicular to the lot lines. 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 July 26, 1989 -5- FURTHER RESOLVED, that a variance is hereby granted and that Section 89-44 D be varied and modified so as to allow the erection of a five-foot fence on the premises located at 12 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 342 in strict conformance with the plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** APPLICATION NO. 5 - CASE 921 The Recording Secretary read the application as follows: Application of Salvatore Pepe/Ten Grand, Inc. requesting a variance from Section 14-33 C of the Sign Ordinance to erect a 30 sq. ft. pole sign in front of the building (Eastchester Savings Bank) which is 50 ft. parallel to the street where a minimum of 75 ft. building length is required on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcels 463, 321 and 410. Bill Biederman, of Albee Sign Company, appeared on behalf of the application. He stated that the bank is set back from the street and difficult to see from the north. He asked that a sign comparable to the one which had been in place for the previous tenant (Barclay's Bank) be allowed. The requested sign would be illuminated from within. The Board noted that were the building turned around so that its long end were along the Post Road the requested sign would be legal. On motion of Mr. Kelleher, 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. July 26, 1989 -6- On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Salvatore Pepe/Ten Grand, Inc. has submitted an application to the Building Inspector, together with plans to install a 30 square foot pole sign on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 410 Parcels 463, 321 and 410. 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 Sign Ordinance with particular reference to Section 14-33 C; and WHEREAS, Mr. Pepe 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 was a 30 square foot sign on the premises previously. 2. This building was built before the enactment of of the new sign ordinance. 3. There is 100 feet frontage on the Boston Post Road. 4. If the building had been laid out differently on the lot, the sign could have been constructed as a matter of right. 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 July 26, 1989 -7- 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 14-33 C of the Sign Ordinance be varied and modified so as to allow the construction of a 30 square foot pole sign on the premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 463, 321 and 410 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 923 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Mark Ladner requesting a variance from Section 89-32 (2) a to reduce the side yard from 10.0 ft. required to 6.0 ft. , in an R-15 Zone District, for the proposed construction of a rear addition and deck 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 30 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Parcel 44. Mr. Ladner and his architect Leonard Weinberg appeared on behalf of the application. The Ladners wish to add to the rear of their house - to enlarge the kitchen and add a family room. Their family is increasing in size, and this is the only area where an addition can be made. The lot is large - 9100 square feet - and the addition will not infringe on the neighbors. The property backs up on the Sheldrake River and the Conservancy. The Planning Board had declared itself Lead Agency and granted a Freshwater Wetlands Permit. July 26, 1989 -8- On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Mark Ladner have submitted an application to the Building Inspector, together with plans to construct a rear addition and a deck on the premises located at 30 Bonnie Way and known on the Tax Assessment Map of the Town of Mamroneck as Block 104 Parcel 44. 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 89-32 2(a) and 57; and WHEREAS, Mr. and Mrs. Ladner 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. This is the only practical direction to expand the house. 2. The addition faces protected property and would not appear to have any encroachment on any neighbors. 3. The lot is large and the adjacent property is on a different grade and filled with rock. 4. The 6 feet requested is within 1 foot of the house as it now exists. 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 July 26, 1989 -9- 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 89-32 (2)a and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a rear addition and deck on the premises located at 30 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Parcel 44 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 924 The Recording Secretary read the application as follows: Application of Mr. and Mrs. A. Satula requesting a variance from Section 89-33 B (2) (c) and (3) (b) to reduce the side yard from 5.0 ft. required to 2.40 ft. and the rear yard from 5.0 ft. required to 2.0 ft. , in an R-10 Zone District, to retain a garage and carport on the premises located at 290 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcels 1, 5 and 14. Mr. Satula appeared on behalf of his application. He stated that the garage and carport had been built no later than 1954. The buildings are not near neighbors and would be expensive to remove. The house is on a corner and has a very large lot. On motion of Mr. Kelleher, 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. July 26, 1989 -10- On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. A. Satula have submitted an application to the Building Inspector, together with plans to allow to remain a carport and a garage on the premises located at 290 Weaver Street and known on the Tax Assessment Map of the Town of Mamroneck as Block 218 Parcels 1,5 and 14. 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) (c) and (3) (b) and WHEREAS, Mr. and Mrs. Satula 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. Removing the existing structures would be expensive. 2. The structures are placed in a large yard substantially in excess of the Zoning Ordinance leaving plenty of open space. 3. They do not interfere with the neighbors. 4. The structures are at least 35 years old. 5. The 2 ft. and 2.4 ft. requested are the closest that the structures come to the lot line. 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 that the variance July 26, 1989 -11- 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 (2) (c) and (3) (b of the Zoning Ordinance be varied and modified so as to allow to remain a garage and carport on the premises located at 290 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcels 1,5 and 14 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. 8 - CASE 927 The Recording Secretary read the application as follows: Application of Mr. and Mrs. D. Horowitz requesting a variance from Section 89-34 B (2)(a) to reduce the side yard from 10.0 ft. required to 6.7 ft. , in an R-7.5 Zone District, for the proposed construction of a second floor addition 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 37 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 239. Mrs. Horowitz appeared on behalf of the application with her contractor, Frank Ambrosio. She stated that the family wished to build two bedrooms in the house's attic as her sons suffered from allergies and were badly affected by dampness and mold in the below grade bedrooms on the first floor. The attic area is the only usable space as there are many rock outcroppings in the yard, and the house is laid out unusually. the Board complimented Mrs. Horowitz on the way the addition blends into the existing house. On motion of Mr. Kelleher, 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 July 26, 1989 -12- 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. Negrin, seconded by Mr. Kelleher, the following resolutions were unanimously approved: WHEREAS, Mr. and Mrs. D. Horowitz have submitted an application to the Building Inspector, together with plans for a second floor addition on the premises located at 37 Harrison Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 502 Parcel 239; 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 89-34 B(2)(a) and 89-57; and WHEREAS, Mr. and Mrs. Horowitz 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 front of the house is further from the street than required. 2. The substantial grading and rock in the yard cause a problem in placing an addition. 3. The proposed addition is sensitive to issues of height and mass. 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 July 26, 1989 -13- 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 89-34 B(2)(a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a second floor on the premises located at 37 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 239 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. MINUTES ON motion of Mr. Kelleher, seconded by Mr. Simon, the minutes for April 26, 1989 were unanimously approved. DISCUSSION Discussion ensued concerning Mr. Hoffman's memo to the Board and the issues raised by a letter from Mr. Scheffler, Mr. Tomcyck's neighbor. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 10:17 PM. Bonnie M. Burdick