Loading...
HomeMy WebLinkAbout1989_06_28 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JUNE 28, 1989, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Patrick B. Kelleher J. Rene Simon Arthur Wexler Absent: Thomas E. Gunther Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Lisa Parella 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 at 8:21 PM by Mr. Simon, acting as chairman. He stated that at that time, only three members were present until Mr. Negrin would join the meeting in progress. Therefore, any application required a unanimous vote for approval. Any application could be adjourned to the next meeting. He also stated that Application No. 1 would be postponed to the end of the meeting. APPLICATION NO. 2 - CASE 908 The Recording Secretary read the application as follows: Application of Leo Tomczyk requesting a variance from Section 89-33 B (2)(c) to reduce the side yard from 5.0 feet required to 3.0 feet, to reduce the rear yard from 5.0 feet required to 3.0 feet, and further a variance from Section 89-67 B which prohibits unenclosed off-street parking within 5.0 feet of a side lot line, in an R-10 Zone District, for the proposed construction of a detached two-car garage on the premises located at 46 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 180. Mr. Tomczyk appeared on behalf of his application. He stated that he had changed his plans that were granted a variance last year. These plans are smaller - placing a one-story addition in the back, remodeling the garage into a bedroom and putting a new garage in the rear of his house with a driveway down the side yard. Said driveway requires the variance. Mr. Tomczyk felt that this scaled-down addition would be more attractive to his neighbors. Michael and Carol Scheffler of 52 East Brookside Drive objected to the driveway which is very close to their mutual lot line. They are worried that a large tree near the proposed driveway would die because some of its roots may be cut. Mr. Scheffler pointed out that Mr. Tomczyk already has June 28, 1989 -2- a garage and driveway. Some members of the Board felt that these new plans would have less impact on the neighborhood. It was pointed out that both lots are non-conforming, that there are many lots in the Town with adjoining driveways and that the Schefflers have a big yard beyond their driveway. A motion of Mr. Wexler, seconded by Mr. Simon, in favor of the application was opposed by Mr. Kelleher. The vote was a non-action as three votes was required. The Board then unanimously voted to re-open the hearing to give the two absent members an opportunity to review the transcript, question the applicant and hear additional comments. On motion of Mr. Wexler, seconded by Mr. Kelleher, Case 908 was unanimously adjourned to the next meeting. ***** APPLICATION NO. 3 - CASE 912 The Recording Secretary read the application as follows: Application of Beverly Nalven requesting variances for the proposed construction of a two-story addition, new porch and garage extension. The porch and two-story addition as proposed would have front yards of 15.5 feet and 19.5 feet respectively where 30.0 feet is required pursuant to Section 89-33 B (1) , the garage extension would maintain a front yard of 23.3 feet where 30.0 feet is required pursuant to Section 89-33 B(1) , and further variance from Section 89-57 as the addition will increase the extent by which the building fails to meet the zone requirements, in an R-10 Zone District, on the premises located at 91 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 588. Mrs. Nalven appeared with her architect Lelia Bright. Mr. Hoffman stated that the Planning Board had completed SEQRA and granted a Freshwater Wetlands and Water Courses Permit for this applcation. Mrs. Nalven explained that as a result of a second marriage her family has expanded and that more bedrooms are necessary. The Sheldrake River wraps around the property requiring an addition in a place that needs a variance. The garage was built at a time when cars were smaller. The Nalvens plan to do a lot of travelling and would like to be able to store both of their cars in the garage. The property is below the grade of Rockland Avenue, and neighbors have written in support of the application. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Beverly Nalven has submitted an application to the Building Inspector, together with plans to build a two-story addition and a June 28, 1989 -3- deck and to remodel her garage on the premises located at 91 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 210 Parcel 588; 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 (1) and 89-57;and WHEREAS, Mrs. Nalven 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 property is irregularly shaped depriving applicant of full use of her property. 2. The line of the house will follow the curve of Rockland Avenue. 3. The Sheldrake River along one side of the property reduces available land and building area. 4. 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 89-33 B(1) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a two-story addition and a deck and the remodeling of a garage on the premises located at 91 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 588 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 June 28, 1989 -4- 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 913 The Recording Secretary read the application as follows: Application of Joseph Jadwin requesting a variance form Section 89-36 B(3) to reduce the rear yard from 25.0 feet required to 21.8 feet, in an R-2F Zone District, to maintain a rear deck on the premises located at 979 Palmer Avenue and known on the Tax Assessment map of the Town of Mamaroneck as Block 403 Parcel 126. Mr. Jadwin appeared on behalf of his application. He explained that 14 years ago he had built the deck not realizing that permission was needed. A very small portion of the deck is non-conforming. The Jadwins wish to sell the house and need a variance to obtain a Certificate of Occupancy. On motion of Mr. Wexler, seconded by Mr. Simon, the Board 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 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. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Joseph Jadwin has submitted an application to the Building Inspector, together with plans to allow to remain a deck on the premises located at 979 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 403 Parcel 126; 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 89-36 B (3) and June 28, 1989 -5- WHEREAS, Mr. Jadwin 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. A minimal portion of the property is non-conforming. 2. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 3. 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 4. 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 89 - 36 B(3) of the Zoning Ordinance be varied and modified so as to allow to remain a deck on the premises located at 979 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 126 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 June 28, 1989 -6- APPLICATION NO. 5 - CASE 914 The Recording Secretary read the application as follows: Application of George Infante requesting a variance from Section 89-67 B to reduce the front lot line from 25.0 feet required to 4.0 feet and to reduce the side lot line from 5.0 feet required to 2.5 feet, in a residence district, to retain a paved unenclosed off-street parking area on the premises located at 19 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 195. Mr. Infante appeared on behalf of his application. He stated that his family of five adults requires five cars to drive in five directions. His driveway is not long enough for five cars, and his only solution is to park in his side yard. Mr. Infante stated that as soon as his need had passed he would remove the unenclosed area. The Board complimented the applicant on his landscaping. Mr. Kelleher stated that Mr. Infante's problem was a common one in his area and that he foresaw a deluge of similar applications. He stated that there are many other families within a 20 block radius with a comparable problem. Mr. Jakubowski suggested that the Zoning Board could make recommendations concerning the problem to the Town Board. On motion of Mr. Wexler, seconded by Mr. Simon, the Board 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. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, George Infante has submitted an application to the Building Inspector, together with plans to allow to remain an unenclosed off-street parking area on the premises located at 19 Fernwood Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 218 Parcel 195; 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 June 28, 1989 -7- WHEREAS, Mr. Infante 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 variance granted is the minimum to alleviate the practical difficulty detailed in the application. 2. The gravelled area for which the variance was granted can be easily changed to a non-parking area. 3. 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 4. 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 the following condition shall attach to this variance: This variance shall be granted to Mr. Infante only while three emancipated adults reside on the premises. It shall be removed when there is no longer any need and is granted only to this applicant. The variance shall terminate upon any change in title of the premises. 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 19 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 195 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 June 28, 1989 -8- 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 ifconstruction 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 915 Application of Mr. and Mrs. Joel Leichter requesting a permanent variance from Section 89-67 B to retain an unenclosed off-street parking area (for two vehicles) within 25 feet of a front lot line, prohibited in any Residence District; and further requesting a permanent variance from 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. Variance (with conditions) was previously granted on March 22, 1988. Mrs. Leichter appeared on behalf of the application. She stated that no court decision has been made. She also stated that her neighbors have started work on the common driveway wall causing some of it to collapse and making the driveway unsafe to use. Mr. and Mrs. Adner, the neighbors in question, also appeared and were opposed to the variance. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Joel Leichter 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 202 East Garden Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 213 Parcel 91; 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 89-67 B and 89-3; and WHEREAS, Mr. and Mrs. Leichter 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 June 28, 1989 -9- 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 Leichters own five cars and a motorcycle; 2. Access to their tandem two-car garage is by way of a narrow, common driveway shared with neighbors. Said neighbors are currently seeking a permanent injunction to prohibit the Leichters from parking in the common driveway. Said driveway cannot be widened; 3. The police have asked the Leichters to cease parking their vehicles in the street; 4. The topography of their lot is uneven. A severe drop-off exists at the back of the parking area; 5. 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. The granting of this variance is temporary. It shall be in effect until 60 days after the termination of the pending litigation; and 2. No changes shall be made in the parking area as it currently exits; and FURTHER RESOLVED, that a variance is temporarily granted and that Sections 89-67 B and 89-3 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 202 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 91 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. June 28, 1989 -10- APPLICATION NO. 7 - CASE 916 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Dan Ward requesting a variance from Section 89-33 B (2)(a) to reduce the side yard from 10.0 feet required to 9.0 feet, in an R-10 Zone District, for the proposed construction of an addition which will increase the extent by which the existing structure fails to meet said requirements pursuant to Section 89-57 on the premises located at 5 Landsdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 183. Jeanne Ward appeared on behalf of the application. She stated that she wished to add on to her kitchen so that her teen-aged daughters could entertain in it. She had checked with her neighbors and no one complained. On motion of Mr. Wexler, seconded by Mr. Kelleher, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and 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, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Dan Ward have submitted an application to the Building Inspector, together with plans to construct an addition on the premises located at 5 Landsdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 183 ; 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 89-57and 89-33B (2) (a) ; and WHEREAS, Mr. and Mrs. Ward 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 June 28, 1989 -11- circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The family needs a kitchen larger than the current one to provide appropriate entertainment space for children. 2. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. The irregularly shaped lot makes an addition without a variance difficult. 3. 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 4. 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) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of an addition on the premises located at S Landsdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 183 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 917 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Greg Pasqua requesting a variance from Section 14-48 A(1) to construct a pool a distance of 5 feet from a deck attached to the house where 15 feet is required, in an R-20 Zone District, on the premises located at 10 Bruce Road and known June 28, 1989 -12- on the on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Parcel 51. Mr. Negrin entered the meeting at this time. Mr. Pasqua appeared on behalf of his application. He explained that an outcropping of rock made placing the pool 15 feet from the house difficult. He stated that it would not be necessary to blast for the pool. Mr. Jakubowski stated that he did not judge the proposed construction as unsafe. On motion of Mr. Wexler, seconded by Mr. Simon, the Board, Mr. Negrin abstaining, 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 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. Simon, seconded by Mr. Kelleher, the Board, Mr. Negrin abstaining, unanimously adopted the following resolutions: WHEREAS, Mr. and Mrs. Greg Pasqua have submitted an application to the Building Inspector, together with plans to construct a pool on the premises located at 10 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Parcel 51; 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 14-48 A(1) ; and WHEREAS, Mr. and Mrs. Pasqua 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: June 28, 1989 -13- 1. There is no other place to put the pool because of the outcropping of rock in the yard. 2. There are no nearby or side yard neighbors and the property has extensive open space. 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 Section 14-48 of the Zoning Ordinance be varied and modified so as to allow the construction of a pool on the premises located at 10 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 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 ***** ADJOURNMENT A temporary adjournment was called at 10:25 PM and reconvened at 10:35 PM with Mr. Negrin as Chairman. ***** APPLICATION NO. 1 - CASE 901 The Recording Secretary read the application as follows: June 28, 1989 -14- Application of Mr. and Mrs. H. Auffarth to allow the subdivision of a parcel into two (2) lots where the parcel fronting on Edgewood Avenue would have an area of 4,730 square feet where 6,000 square feet is required as a minimum pursuant to Section 89-35A)1) ; a depth of 93.4 feet where 100.0 feet is required pursuant to Section 89-35 A(3) ; and a rear yard depth of 21.0 feet where 25 feet is required pursuant to Section 89-35B(3) and; Section 89-57 as the new lot and rear yard will result in an increase by which the building fails to meet the district requirements. Further, the Hillcrest Avenue parcel would have an area of 4,282.6 square feet where 6,000 square feet is required as a minimum pursuant to Section 89-35A(1) and a street frontage of 50.06 feet and a width of 50.0 where 60.0 feet is required as a minimum width and frontage pursuant to Section 89-53 A(2) and a depth of 85.0 feet where 100.0 feet is required pursuant to Section 89-35A(3) for the premises located at 20 Edgewood Avenue and known on the Tax Assessment Map as Block 123 Parcel 309. Rita Gilbert, attorney, appeared with Mr. Auffarth and reiterated their plans to build a small house for their daughter on part of the investment property owned by the Auffarths. Mrs. Gilbert listed the neighboring parcels which are below standard lot size. The Auffarths would remove one tree but would plant two or three new ones Mr. Auffarth submitted financial information and an EAF. Said information will become part of the record. Alexandra Valicenta appeared on behalf of the neighbors. She labelled the Auffarth's statement as emotional and reminded the Board that two non-conforming lots would result from the proposed subdivision. Ms. Valicenta submitted a memorandum from Lee Bloom giving the historical background of the Zoning Ordinance in this area. Mr. Wexler stated that the drawings submitted were incomplete. No indication of elevations were given. About 20 neighbors were in the audience. Those speaking against the application were Edward Price, 70 Hillcrest; Greta Bank, 36 Chestnut Avenue; Tom Wey, 18 Edgewood; Michael Feinman; Gail Martin, 60 Hillcrest; Gordon Albert, 17 Edgewood; John Langan, 44 Hillcrest. An informal poll was taken of the Board. One member was opposed to the subdivision, and one was undecided. Had a vote been taken. a non-action would have resulted. The Board decided to adjourn this application. More complete answers particularly for Nos. 5,6 and 18 are needed on the EAF and more complete drawings were requested also. NEXT MEETING As the agendas are quickly filling up, the Board scheduled an extra meeting. This Board will meet July 26, August 16 and June 28, 1989 -15- August 23. ADJOURNMENT On motion of Mr. Simon, seconded by Mr. Wexler, the Board voted unanimously to adjourn at 1:10 AM. �jj/Jr1QJ ��/• AeZd/_ ,Z Bonnie M. Burdick