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This case was withdrawn.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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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