HomeMy WebLinkAbout1989_03_01 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE
(IV ZONING BOARD OF THE TOWN OF MAMARONECK
MARCH 1, 1989, IN CONFERENCE ROOM A AND THE COURTROOM,
TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Joel Negrin, Chairman
Thomas E. Gunther
Patrick B. Kelleher
J. Rene Simon
Arthur Wexler
Also Present: Lee A. Hoffman, Jr. , Counsel
William E. Jakubowski, Building Inspector
Marcy Altman, Public Stenographer
Carbone, Kazazes & Associates
225 Mount Pleaseant 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.
APPROVAL OF MINUTES
On motion of Mr. Simon, seconded by Mr. Gunther, the minutes for June
22, 1988 were unanimously approved.
On motion of Mr. Simon, seconded by Mr. Kelleher, the minutes for
August 16, 1988, were unanimously approved.
On motion of Mr. Wexler, seconded by Mr. Kelleher, the minutes for
September 28, 1 988 were unanimously approved by the three members who
had been in attendance.
On motion of Mr. Simon, seconded by Mr. Gunther, the minutes for
October 26, 1988 were unanimously approved.
NEXT MEETING
The next meeting of the Board will be on March 22, 1989.
APPLICATION NO. 1 - CASE 892
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. Peter Sherwood adjourned from the meeting
of January 25, 1989.
Mr. Negrin stated that Mr. Kelleher and Mr. Simon, who were not at the
January meeting, had read the transcript of the meeting and were
l'r- March 1, 1989
-2-
prepared to participate in the decision.
Mr. and Mrs. Sherwood appeared on behalf of their application. Mr.
Sherwood restated their reasons for placing the run where it is; it is
convenient to the back door; other parts of property have a severe
grade; they use other parts of the yard for other purposes; a choke
collar might endanger the dog as it could choke; a walking leash would
interfere with the dog' s training; it was likely that the dog could
jump over were the fence lower than six feet; the concrete slab is
necessary as it is likely that the dog would burrow under the fence
without it; the run furnishes protection to the dog and to the
neighbors. Currently the run is unusable as the Maloneys, whose fence
forms part of the enclosure, have taken down their fence. Mr. Sherwood
stated that they had moved bushes which had been on the property line
to build the run and in reading the Zoning Code he had not realized
that a dog run would be considered a structure. He said that they
maintain the run meticulously clean. He stated that it was his
absolute legal right to use his property for a reasonable purpose.
Mr. and Mrs. Joseph Ziluca of 246 Rockingstone Avenue reiterated their
concerns about the run which borders their property. Their young
children play near the run and could be intimidated by the dog. They
find the run is unsightly both from their yard and from their rear
windows and that the Sherwoods placed it in the worst possible place,
directly adjacent to their sandbox and playground, without consulting
their neighbors. They are concerned about runoff from urine and feces.
Ily Mr. Gunther asked questions about alternative locations, including
closer to the same rear door of the house, and about the environmental
effect of the run.
On motion of Mr. Wexler, seconded by Mr. Simon, the Board adopted the
following resolution, 4-0-1, with Mr. Kelleher abstaining:
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.
Mr. Wexler moved to grant the variance with the condition that the run
be shortened by 5 feet to avoid the Zilucas' yard and that it be
screened by an opaque material. His motion was not seconded.
On motion of Mr. Kelleher, seconded by Mr. Simon, the following
resolutions were adopted 4-1, with Mr. Wexler in opposition:
WHEREAS, Mr. and Mrs. Peter Sherwood have submitted an
application to the Building Inspector for a building permit,
together with plans, to retain a dog run with a six (6) ft.
high fence (4 ft. high maximum permitted) , and also to
retain a paved area 0 ft. from a property line where 5 ft. is
0
q
0
March 1, 1989
-3-
the minimum distance permitted on the premises located at 6
Glen Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 115 Parcel 354; 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 89-44 D (1) and
Section 89-44 A
WHEREAS, Mr. and Mrs. Sherwood 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 hereby denies the application on
the following grounds:
1. The applicants have not demonstrated practical
difficulty and/or unnecessary hardship as a basis
for granting the variance.
2. The problems of removal were created by the
applicants.
3. There are several places elsewhere on the property
to construct a dog run or provide other facilities
for the dog, and there are other doors from the
house through which the dog can be walked.
4. The proposed dog run is not the minimum response
necessary to solve the applicants' problem.
FURTHER RESOLVED, that this decision be filed with the Town
Clerk as provided in Section 267 of the Town Law.
0
Mr. Sherwood admonished the Board that if the dog caused any
injury or damage, it would "share the hazard of the
responsibility" for the dog.
J AJ YA
ADJOURNMENT
Mr. Negrin adjourned the meeting at 9:43 so that the Board could move
to the Courtroom which had become vacant.
March 1, 1989
-4-
CALL TO ORDER
ttor Mr. Negrin reopened the meeting at 9:50.
APPLICATION NO. 2 - CASE 893
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. Richard Warren requesting a variance from
Section 89-33B 2(a) & (b) to reduce the side yard from 10 ft. required
to 6.07 ft. and the total side yard width from 25.0 ft. required to
12.13 ft. for the proposed two story rear addition; and, further
requesting a variance from Section 89-33B 2(a) to retain an existing
enclosed porch having a side yard of 6.06 ft. where 10.0 ft. is
required. The existing enclosed porch and proposed addition will
increase the extent, pursuant to Section 89-57, by which the existing
structure fails to meet the side yard requirements in an R-10 Zone
District on the Tax Assessment Map as Block 222 Parcel 393 .
Mr. and Mrs. Warren and Mr. Bremer, of Remodeling Consultants, appeared
on behalf of the application. Mr. Warren stated that it is necessary
to make an addition to the house's second story as the Warrens are
separated from their young children by the current configuration of the
house. At the time the porch was enclosed, no Certificate of Occupancy
was given.
Mr. Bremer demonstrated alternate plans for the construction which
`► would not work for various reasons including the need in some possible
plans to remove a 100 year old oak tree. Letters of approval from
adjoining neighbors had been submitted at the previous meeting and had
been made a part of the record. Mrs. Haas, the neighbor most affected,
was at the meeting and stated that she and her husband favored the
plans.
On motion of 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 SEQRA.
On motion of Mr. Gunther, seconded by Mr. Simon, the following
resolutions were unanimously adopted:
WHEREAS, Mr. and Mrs. Richard Warren have submitted an
application to the Building Inspector, together with plans to
construct a two story rear addition and to retain an enclosed
porch on the premises located at 1 Carroll Place and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 222
Parcel 393 ; and
March 1, 1989
-5-
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 2 (a) and (b) and
89-57; and
WHEREAS, Mr. and Mrs. Warren 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 further encroachment into the side yard has
little impact as the side yard adjoins woods.
4110 2. The variance granted is the minimum to alleviate
the practical difficulty detailed in the
application considering the unusual circumstances
of the property and the physical shape of the
house.
3 . This proposed construction does not increase the
footprint of the house.
4. Alternative solutions were thoroughly explored by
the architect before this proposal was submitted.
5. Using this plan rather than others considered will
save a 100 year old oak tree.
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
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
C
March 1, 1989
-6-
ftipr
FURTHER RESOLVED, that a variance is hereby granted and that
Sections 89-33 B (a) and (b) and 89-57 of the Zoning Ordinance be
varied and modified so as to allow the construction of a two story
rear addition and to allow to remain an enclosed porch on the
premises located at 1 Carroll Place and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 222 Parcel 393
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. 3 - CASE 894
The Recording Secretary read the application as follows:
Application of Presidential Housing Associates requesting a variance
for Section 14-32 A(2) of the Building Code to retain one sign 10' x
24' and two signs 5' x 12' , where 4' x 6' is the maximum size allowed
in a Residential District, on the premises located at 35 North
Chatsworth Avenue and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 134. Said signs were previously granted by the
Town Board on April 6, 1988 under the prior Sign Ordinance for a six
month period.
Appearing on behalf of the application were Joel Sachs, attorney, and
Robert Siegel and Beth Young of Presidential Housing. They stated that
many of the apartments have not been sold. They have learned that at
least 70% of prospective buyers have responded to the signs rather than
other ads. It is necessary to have signs of the size requested because
of the large size of the building and the distance from the neighboring
streets and Thruway ramps. The smaller signs will face North
Chatsworth Avenue and Jefferson Street; the larger one, facing Madison
Avenue, will be moved from the face of the building to the top of the
structure housing the dumpsters.
r
March 1, 1989
-7-
On motion of Mr. Wexler, seconded by Mr. Simon, the Board
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 SEQRA.
On motion of Mr. Simon, seconded by Mr. Kelleher, the following
resolutions were unanimously adopted:
WHEREAS, Presidential Housing Associates have submitted an
application to the Building Inspector, together with plans to
retain one sign 10'x 24' and two signs 5' x 12' ; 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 Building Code with
particular reference to Section 14-32A (2) on the premises
located at 35 North Chatsworth Avenue and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 134; and
WHEREAS, Presidential Housing Associates 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 Town Board previously granted a variance for
the same signs under the predecessor sign
ordinance.
2. The signs are a strong marketing tool in selling
the apartments in the building
3. Many of the apartments have not been sold and
additional time for display is needed.
4. The granting of the variance is in harmony with the
general purposes and intent of the Building Code
and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare; and
® 5. The strict application of the Building Code would
deprive the applicants of the reasonable use of the
land and/or building and that the variance granted
March 1, 1989
-8-
by this Board will accomplish this purpose; and it is
FURTHER RESOLVED, that the following conditions shall attach to
Stow this variance:
1. The display of the signs shall be limited to one year.
2. The time period shall begin when the signs are erected.
3 . The signs may be moved vertically or horizontally, but
they will remain on the elevation where they are
originally installed.
4. The larger sign shall be painted hunter green on the
back.
FURTHER RESOLVED, that a variance is hereby granted and that
Section 14-33A (2) of the Building Code be varied and modified so
as to allow the display of one sign 10' x 24' and two signs 5' x
24' on the premises located at 35 North Chatsworth Avenue and
known on the Tax Assessment Map of the Town of Mamaroneck as Block
134 in strict conformance with the plans filed with this
application, any conditions set forth in these resolutions and
with the letter sent to Presidential Housing Associates by the
Town Administrator annexed to these minutes, provided that the
applicants comply in all other respects with the Building Code of
the Town of Mamaroneck; and it is
`gar 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.
***•**
APPLICATION NO. 4 - CASE 895
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. K. MacArtney requesting a variance from
Section 89-34 B (2) (a) & (b) to reduce the side yard from 10.0 ft.
required to 8.9 ft. and the total side yards from 10 ft. required to
12.65 ft. for the proposed construction of a rear addition which will
increase the extent by which the existing structure fails to meet the
side yard requirements pursuant to Section 89-57, in an R-7.5 Zone
District, on the premises located at 163 Murray Avenue and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 118 Parcel 401.
`rr.•
March 1, 1989
-9-
Mr. and Mrs. Kenneth MacArtney appeared on behalf of their
application accompanied by Lawrence Gordon, their architect. Mr.
McArtney stated that the proposed addition was small - 33 square
feet and that it did not extend beyond the side wall of the
kitchen. The construction would make their kitchen more usable -
currently the refrigerator is in the back hall - and improve the
traffic flow. The addition will preserve the design of the
house. Mr. MacArtney stated that their neighbors have said that
they have no problems with the proposal.
On motion of Mr. Wexler, seconded by Mr. Gunther, the Board
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 SEQRA.
On motion of Mr. Gunther, seconded by Mr. Simon, the following
resolutions were unanimously adopted:
WHEREAS, Mr. and Mrs. K. MacArtney have submitted an
application to the Building Inspector, together with plans to
construct a rear addition on the premises located at 163
Murray Avenue and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 118 Parcel 401; 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 (b) and
89-57; and
WHEREAS, Mr. and Mrs. MacArtney 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 exceptional practical difficulty detailed in
the application.
March 1, 1989
-10-
2. The proposed addition does not extend the side or
l rear yards, just "squares off" the vacant corner.
ow
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 89-34 B (2) (a) and (b) and 89-57 of the Zoning
Ordinance be varied and modified so as to allow the
construction of a rear addition on the premises located at
163 Murray Avenue and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 118 Parcel 401 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
I ' 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.
ate. *_.
APPLICATION NO. 5 - CASE 896
The Recording Secretary read the application as follows:
Application of Mr. Peter Denyssenko requesting a variance from Section
89-35 B(3) (B) to reduce the side and rear yards from 5.0 ft. required
to 3.25 ft. and 3.75 ft. respectively to retain a rear storage shed, in
an R-6 Zone District, on the premises located at 95 Laurel Avenue and
known on the Tax Assessment Map of the Town of Mamaroneck as Block 124
Parcel 465.
Mr. and Mrs. Denyssenko appeared on behalf of the application. At the
start of their presentation it was discovered that the variance
AL
March 1, 1989
-11-
required was greater than the variance described in the notice and,
r�r therefore, the proposal could not be heard. The Board urged the
Denyssenkos to obtain a survey so that measurements would be correct
and asked that they submit a better plan distinguishing more clearly
between the side yard and back yard.
ADJOURNMENT
Mr. Negrin declared a brief adjournment at 11:15 PM.
RECALL TO ORDER
The meeting was reopened at 11: 18 PM.
APPLICATION NO. 6 - CASE 897
The Recording Secretary read the application as follows:
Application of Mr. Hans Kuhn requesting a variance to allow a
subdivision of property, the resulting lot having a side yard total of
16.6 ft. where 18.0 ft. is required pursuant to Section 89-35 B (2) (b)
in an R-6 Zone district on the premises located at 12 & 14 Copley Road
and known on the Tax Assessment Map of the Town of Mamaroneck as Block
409 Parcel 113.
Anthony Antonozzi, attorney, appeared on behalf of the application. He
® explained that the two houses had been constructed on a single parcel
in 1954 and were both owned by one owner. He would like to sever and
sell Lot #1. The variance requested is 1.4 feet for each lot.
This subdivision had been granted, subject to the granting of a
variance by the Zoning Board, by the Planning Board which declared
itself the Lead Agency.
On motion of Mr. Simon, seconded by Mr. Gunther, the following
resolutions were unanimously granted:
WHEREAS, Hans Kuhn has submitted an application to the Building
Inspector, together with plans to subdivide property, the
resulting lot having a side yard total of 16.6 ft. where 18.0 ft.
is required; 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 89-35 B (2) (b) on the premises located at 12 and 14
Copley Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 409 Parcel 113 ; and
March 1, 1989
-12-
WHEREAS, Mr. Kuhn submitted an application for a variance to
this Board on the grounds of practical difficulty and/or
Nws" 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; the proposed property line is mid way
between the houses at their closest point; .
2. 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
3 . The strict application of the Zoning Ordinance and
Town Code would deprive the applicants of the
Nur 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 89-35 B (3) (b) of the Zoning Ordinance be varied and
modified so as to allow the subdivision of property on the
premises located at 12 and 14 Copley Road and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 409
Parcel 113 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 the provisions of the subdivision
approval previously granted by the Town of Mamaroneck
Planning Board 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
March 1, 1989
-13-
FURTHER RESOLVED, that this decision be filed with the Town
Clerk as provided in Section 267 of the Town Law.
``. a**y
APPLICATION NO. 7 - CASE 898
The Recording Secretary read the application as follows:
Application of Mr. & Mrs. M. Snyder requesting a variance from Section
89-33 B (2) (a) to reduce the side yard from 10.0 ft. required to 9.32
ft. to retain a rear screened porch which will increase the extent by
which the existing structure fails to meet the side yard requirements
pursuant to Section 89-57, in an R-10 Zone District, on the premises
located at 361 Weaver Street and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 112 Parcel 367.
Mrs. Snyder appeared on behalf of the application and stated that her
husband had been dead for several years. She stated that the porch has
been in place since 1952 and that she was not aware of its
nonconformity until recently applying for a mortgage. The side yard in
question borders on an unbuildable lot. Mrs. Snyder stated that she
was requesting a very minor variance - .68 feet.
On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously
RESOLVED, that this is a Type II Action having no significant
411, 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, Maureen Snyder has submitted an application to the
Building Inspector, together with plans to retain a screen
porch; 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 (2) (a) and 89-57 on
the premises located at 361 Weaver Street and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 112
Parcel 367 ; and
WHEREAS, Mrs. Snyder 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
March 1, 1989
-14-
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 is no house near the side property line.
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
0111110 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 to remain a rear deck on
the premises located at 361 Weaver Street and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 112
Parcel 367 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.
0
March 1, 1989
-15-
ADJOURNMENT
On motion of Mr. Gunther, seconded by Mr. Wexler, the meeting was
11111, adjourned at 11:31 PM.
onnie M. Burdick 4464
•
March 1, 1989
Addendum
April 5, 1989
Mr. Robert A. Siegel
Presidential Housing Associates
201 East 42nd Street
26th Floor
New York, NY 10017
Dear Mr. Siegel,
Pursuant to Section 14-37 of Chapter 14 of the Building Code of the
Town of Mamaroneck, the Zoning Board has granted a sign variance to
Presidential Housing relating to the installation of advertising signs
as described in Section 14-32 (a) (2) of the Building Code.
The variance is granted under the following conditions:
1. The sign to be installed on the Madison Avenue side of the
building may be of a maximum dimension of 10' x 24' .
2. The sign to be installed on the Jefferson Street side of the
building will be of a maximum dimension of 5' x 12' .
3. The sign to be installed on the Chatsworth Avenue of the
building will be of a maximum dimension of 5' x 12' .
4. The aforementioned signs may only remain installed on the
building for a period of one year from the actual date of
installation. Presidential Housing is to notify the Town
Building Department of the date the signs will be installed.
5. As described at the public hearing, the signs will utilize a
color scheme of cream colors and dark green lettering.
6. The signs may be installed in either a vertical or horizontal
direction.
March 1, 1989
Addendum
L
Presidential Housing
4/5/89
-2-
7. The 10' x 24' sign shall be placed on or above the wall
enclosing the trash area, facing Madison Avenue, as proposed.
8. So that the signage does not interfere with new occupants of
the Carlton House, each of the 5' x 12' signs may be
relocated on the side of the building described in conditions
2 and 3 above. Such 5' x 12' signs may not be relocated from
their original locations to an alternate side of the
building.
By copy of this letter, the Town Building Department will be the
4110 reviewing agent for the erection and maintenance of the signs.
Very truly yours,
Stephen V. Altieri
Town Administrator
SVA/bmb
cc William Jakubowski