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HomeMy WebLinkAbout1988_06_07 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JUNE 7, 1988, IN THE COURTROOM, TOWN OFFICES E,�ED19�9 740 WEST BOSTON POST ROAD itt MAMARONECK, NEW YORK `0 �1C1A A'C11.ER� CALL TO ORDER ?A SAR ECG 14.1. 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 Arthur Wexler Absent: J. Rene Simon Also Present: Edward M. Lieberman, Town Counsel William E. Jakubowski, Building Inspector Shirley Tolley, CZMC Judy Schwartzman J & L Reporting Service 180 East Post Road White Plains, NY 10601 Bonnie M. Burdick, Recording Secretary APPROVAL OF MINUTES Not all Board members had received copies of the March and April minutes, so approval was postponed until everyone had had a chance to review them. QUORUM Mr. Negrin reminded the applicants that a majority of the Board is three and that, if requested, the Board could defer any application until such time as the whole Board was available. APPLICATION NO. 1 - CASE 841 The Recording Secretary read the application as follows: Application of Hory Chevrolet Inc. , appealing the decision of the Building Inspector that the sale of new boats is neither a permitted principal use nor accessory to the sale of automobiles, pursuant to Section 89-28 A (5) and C (1) , or, in the alternative, requesting a use variance pursuant to Section 89-77 B (2) to permit the sale of new boats at the premises located at 1340 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 268. Thomas Keane, Attorney; Thomas Hory, President; Mrs. Thomas Hory, Vice-President; and William Weiss, General Manager; appeared on behalf of the application. June 7, 1988 -2- Mr. Negrin read and submitted a letter to the Board from Mr. and Mrs. Howard Sloane opposed to the sale of boats. Mr. Keane stated that the letter was subjective with no supporting data. In response to the letter from CZMC, Mr. Keane stated that the plans for the fence have been modified. It will now be 8 feet tall rather than 17 feet. The lights will be white, 100 watt bulbs. He also stated that runoff from oil will be neglible as the boats' engines are contained in the hull. On motion by Mr. Negrin, seconded by Mr. Gunther, it was unanimously RESOLVED, that this is a Type I action, but that there will be no significant impact on the environment, and therefore, the filing of a DEIS and FEIS are not required and no further action is required under SEQR. Thereafter, Mr. Gunther moved, with Mr. Negrin seconding, that approval be granted to Hory Chevrolet for the sale of new, inboard motor boats as a permitted principal use under 89-28A. Mr. Gunther and Mr. Negrin voted in favor of the motion. Mr. Kelleher and Mr. Wexler opposed the motion. As a result, said motion was tabled to a meeting at which Mr. Simon would be in attendance, having had an opportunity to read a transcript of this meeting. On motion by Mr. Kelleher, seconded by Mr. Wexler, the following motion was passed 3-1 with Mr. Gunther opposed: RESOLVED, that this Board determines that the sale of new inboard motor boats is not accessory to the sale of new automobiles. Thereafter, on motion by Mr. Negrin, seconded by Mr. Kelleher, the Board decided the following by a vote of 3-1, with Mr. Gunther dissenting: RESOLVED, that this Board determines that insufficient reasons were presented for the grant of a use variance, and that therefore the request for a use variance is denied. Therefore, the applicant will return, as soon as Mr. Simon can read the public stenographer's record, for action on the first motion - sale of boats as a permitted use. The application will be heard first at either the meeting of June 22, 1988 or the July meeting which has been changed to Tuesday, July 12, 1988, as two members will be out of town later in July. ***** APPLICATION NO. 2 - CASE 842 The Recording Secretary read the application as follows: June 7, 1988 -3- Application of Mr. John Kluge requesting a variance from Section 89-30A in order to construct a house on a 33,415 square foot parcel where 50,000 square feet are required in an R-50 Zone District, a variance from Section 89-30B (2) to reduce the side yard from 35.0 feet required to 24.0 feet, and a variance of Section 280-a of the Town Law and Section 89-14 of the Zoning Laws of the Town of Mamaroneck requiring that the parcel front on a public street on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Parcel 30. Geoffrey Young and Joanne Rosenstrach, attorneys, represented Mr. Kluge. At the time of William Maker's appearance before the CZMC, a new EAF and survey were presented. These were not part of the CZMC's evaluation. The Board stated that before it could consider this application it wanted the CZMC's response to the applicant's submissions. Therefore, the case was adjourned until the comments of CZMC could be prepared and then reviewed by the applicant and the Board. ***** APPLICATION NO. 3 - CASE NO. 846 The Recording Secretary read the application as follows: Application of Mr. Brad Eric Scheler requesting a variance from Article VI Section 89-35 B(3) to reduce the rear yard from 25.0 feet required to 14.0 feet, in an R-6 Zone District, for the proposed construction of a rear screeened porch and second floor addition on the premises located at 32 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 430. Mr. Scheler appeared with his wife and his architect, Robert Tieni, and his builder, Bobby Rocque. He presented letters from his rear neighbors and again emphasized his plans as being the best alternative. When the matter had been before the Board in May, the vote was two in favor and two opposed, with Mr. Wexler abstaining. Mr. Wexler expressed serious reservations about the size of the project in the context of the space available and gave indications that he would vote against the variance. Therefore, Mr. Scheler decided to adjourn his application. And, on motion by Mr. Kelleher, seconded by Mr. Gunther, it was unanimously RESOLVED, to adjourn the Scheler application until the July meeting ***** June 7, 1988 -4- APPLICATION NO. 4 - CASE 851 Application of Peter Farago requesting a variance from Section 89-31 B (3) to reduce the rear yard set back from 40.0 feet required to 18.6 feet in an R-20 Zone District, for the proposed construction of a rear deck on the premises located at 5 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216 Parcel 552. Mr. Farago and Donald Mazin, Attorney, appeared on behalf of the application. Mr. Negrin stated that his child was a friend of the Farago's child, but that he had no financial, business or other dealings or relationship with the Faragos. Upon inquiry, neither the applicant nor the Board had any objection to Mr. Negrin's participation. Mr. Mazin stated that the Faragos seek an area variance to build a fenced deck. Said deck would be over sloping terrain, would back onto the Saxon Woods Park, and would not be seen by any of the neighbors. Also, the Board had recently granted a variance for a deck for a neighboring residence. 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 or corresponding local law, therefore requiring no further action under SEQR. On motion by Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. Peter Farago has submitted an application to the Building Inspector, together with plans to construct a rear deck with a 18.6 ft. rear yard; 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 89-31 B (3) on the premises located at 5 Marbourne Drive and known on the Tax Assessment Map as Block 334 Parcel 44; and WHEREAS, Mr. Farago 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; June 7, 1988 -5- 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 ground floor of the house is 3 1/2 to 4 feet above grade; 2. The slope of the yard creates the need for a horizontal surface and the steep grade and undeveloped condition of the adjacent Saxon Woods Park create the need for a confined area for the applicant's young children; . 3. The deck makes no adverse impact on its environment, particularly considering that the deck's design and landscaping make it difficult to see from the street and unobtrusive from the neighbors' rear yards. Also, there is no neighbor behind this house; 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 89-31 B (3) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 5 Marbourne Drive and known on the Tax Assessment Map as Block 334 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 June 7, 1988 -6- ® FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Code. ***** APPLICATION NO. 5 - CASE NO 852 The Recording Secretary read the application as follows: Application of Mr. and Mrs. James G. Jackson requesting a variance from Section 89-44 D to construct a 6 feet high stockade fence (4 feet height maximum permitted) , in an R-10 Zone District, on premises located at 15 Myrtle Blvd. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216 Parcel 552. Mrs. Jackson appeared before the Board. She explained that the applicants wanted to build a fence as a noise barrier to I-95. She stated that they would leave in place their dense, high shrubbery which would serve as a screen blocking the neighbors' view of the proposed fence. The fence would be constructed inside said shrubbery. On motion by Mr. Gunther, seconded by Mr. Kelleher, it was unanimously RESOLVED, that this is a Type II Action having no significant ® impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Kelleher, seconded by Mr. Wexler, the following resolutions were unanimously adopted; WHEREAS, Mr. and Mrs. James G. Jackson have submitted an application to the Building Inspector, together with plans, to allow the construction of a six-foot high stockade fence which would exceed the four-feet height limit allowable; 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 on the premises located at 15 Myrtle Blvd.and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216 Parcel 552; and WHEREAS, Mr. and Mrs. Jackson 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 June 7, 1988 -7- • WHEREAS, this Board has examined the plans, reviewed the appication 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 Jackson's property is very close to I-95 and is subject to a great deal of noise; 2. The proposed fence is the minimum required to minimize the noise from I-95; 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. There are special circumstances and conditions applying to the land for which the variance is sought, which circumstance and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations • appealed from; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-44 B be varied and modified so as to allow the erection of a six-foot fence on the premises located at 15 Myrtle Blvd. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216 Parcel 44 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 following conditions shall attach to this variance: 1. The shrubbery planted at the back of the lot must be maintained as is and replaced when necessary. 2 If the side-yard fence is more than one section, comparable shrubbery must be planted there, too; 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 the building permit shall be void if June 7, 1988 -8- construction is not started within one year 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 NO. 853 The Recording Secretary read the application as follows: Application of Mr. Leo Paul Tomczyck requesting a variance from Section 89-33 B (2) (a) and (b) and to reduce the side yard from 10 feet required to 5.5 feet and the total for both side yards required from 25.0 feet to 15.5 feet, in an R-10 Zone District, for the proposed construction of a side and rear addition, and a garage, which will increase the extent by which the existing structure fails to meet the side yard requirements 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. Tomczyck was presenting modified plans for a much smaller garage, moved forward about 8 feet from a prior application. His neighbors, Dr and Mrs. DeFelice were in the audience and did not object to the new plans. 11) 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 or corresponding local law, therefore requiring no further action under SEQR. On motion by Mr. Negrin, seconded by Mr. Kelleher, the following resolutions were adopted: WHEREAS, Mr. Leo Paul Tomczyck has submitted an application to the Building Inspector, together with plans to construct a garage with a 5.5 side yard; 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 89-33 B (1) (a) and (b) on the premises located at 46 East Brookside Drive and known on the Tax Assessment Map as Block 212 Parcel 180; and WHEREAS, Mr. Tomczyck 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 June 7, 1988 -9- 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 shape of the lot and the location of the existing garage places an undue hardship on the applicant; 2. The extension is the minimum necessary to relieve the hardship; 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 89-33 B (2) (a) and (b) of the Zoning Ordinance be varied and modified so as to allow the construction of a garage on the premises located at 46 Brookside Drive and known on the Tax Assessment Map as Block 212 Parcel 180 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 following conditions shall be attached to this variance: 1. The garage shall be built with a 5 1/2 foot side yard setback exactly as shown on the submitted plans; and 2 The balance of the rest of the addition as shown on the plans will not be at any point within 15 feet of the side yard; and it is June 7, 1988 -10- 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 Code. ***** ADJOURNMENT On motion by Mr. Wexler, seconded by Mr. Gunther, the meeting was adjourned at 1:25 A.M 4d. Bonnie M. Burdick Recording Secretary 0 0