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HomeMy WebLinkAbout1988_03_22 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK MARCH 22, 1988, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:45 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 Town Building Inspector 16 Bonnie M. Burdick Recording Secretary Mr. Negrin apologized for the delay in opening the meeting, which was caused by the absence of the scheduled stenographer. Accordingly, Mr. Negrin urged that all speakers including the Board members use the microphones and speak clearly. APPROVAL OF MINUTES On motion by Mr. Kelleher, seconded by Mr. Gunther, the minutes for the meeting of February 23, 1988 were unanimously approved. APPLICATION NO. 2 - CASE 830 The Recording Secretary read the application as follows: Application of Maffei Brothers requesting variances from Article VI Section 89-58 A & B and Section 89-32 B(1) of the Zoning Ordinance, which requires a 40' front yard where 39'6" is provided, and, a variance from the requirement that the lot have 125 feet frontage on a public street, as defined in Section 280-a of the Town Code for the proposed construction of a one-family dwelling. The parcel is located at 3 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 338. r.P. - March 22, 1988 -2- Donald Mazin, attorney, appeared with John Maffei, for the petitioner. 4111, Mr. Mazin reminded the Board that the application was held over from the last meeting because of a mistake in the notice for the public meeting and that the applicants had agreed then to move the house back 6 inches to more closely conform to the 40 foot requirement. Mr. Mazin also told the Board that the house was extremely close to the Post Road 1 and gave his opinion that the lot involved was in an area mistakenly re-zoned from R-7.5 to R-30. Mr. Jakubowski pointed out that re-siting the house any further back would cause a change in the design of the garage and laundry room due to ledge rock at the rear of the property. The Board had no objection to the application. On motion by Mr. Kelleher, 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. Thereafter, on motion by Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Maffei Brothers have submitted an application to the 4119 Building Inspector, together with plans, to allow the construction of a house with a front yard setback of 39'5" and less than 125 ' frontage on the street; 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 Article VI, Section 89-58 A & B and Section 89-32 B (1) and also failed to comply with Section 280-a of the Code of the Town of Mamaroneck on the premises located at 3 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 338; and WHEREAS, Maffei Brothers 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 CPI circumstances and/or conditions applying to the land for which the r March 22, 1988 -3- variance is sought on the following grounds: 4110? 1. the zoning of the lot has been changed recently from R-7.5 to R-30; 2. placing the house on the lot as proposed will conform with the other house as planned for the same street, for which this Board recently granted a similar variance; 3. siting the house any further back on the lot could alter the design of the house as ledge rock exists at the rear of the property; 4. the proposal is the minimum required to obviate applicant's practical difficulty; 5. under the present zoning of R-30, it would be impossible to construct a house upon on Lot 338;P 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. such special circumstances and/or conditions have not resulted from any acts of the applicants subsequent to 410 the date of the Zoning Ordinance from which appeal is taken; and such special circumstnces and/or conditions are such that 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 conditions shall attach to this variance: 1. the applicant agrees to either share the cost or bear the total cost of making improvements to Old Hommocks Road so as to provide suitable ingress and egress for Parcel 338 fronting Old Hommocks Road; 2. a Certificate of Occupancy will not be issued by the Building Inspector of the Town of Mamaroneck unless and until the improvements to Old Hommocks Road are satisfactory to the Building Inspector and the Superintendent of Highways; FURTHER RESOLVED, that a variance is hereby granted and that Article VI, Section 89-58 A & B and Section 89-32 B(1), of the Zoning Ordinance and Section 280-a of the Town Code be varied and 40 modified so as to allow the construction of a house on the premises located at 3 Hommocks Road and known on 1 a March 22, 1988 -4- the Tax Assessment Map of the Town of Mamaroneck as Block 412 4110, Parcel 338 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 Code. **** APPLICATION NO. 1 - CASE 822 li The Recording Secretary read the application as follows: Application of Mr. and Mrs. Joel Leichter requesting a variance from Article XI, Section 89-67 B for the development and use of an unenclosed off-street parking area (for two vehicles) within 25 feet of 46 a front lot line, prohibited in any residence district; and further requesting a variance from Article I, 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. Mrs. Leichter read a statement detailing the special circumstances and conditions asserted by the applicant, particularly with respect to parking 5 cars in the common driveway shared with their neighbors, the Adners of 200 East Garden Road. Currently, the matter is in litigation. The Adners are seeking a permanent injunction to prohibit use of the driveway for parking by the Leichters. Although a permit for a curb cut was issued, no building permit was issued for the parking area installed by the Leichters on the opposite side of the house from the driveway. Said area was originally placed on the Town right-of-way. The property inclines down at the rear of the lot. To make the parking area longer would require large quantities of fill and considerable expense. The parking area is screened from neighbors by a hill and trees. Mr. and Mrs. Adner appeared before the Board. Mrs. Adner read a statement which gave the Adners' interpretation of the long-standing problems between the neighbors, including her attempts to resolve these CIO issues. She objected to the parking area on the ground that cars were parked in the Town right-of-way and for other reasons. March 22, 1988 -5- On motion by Mr. Wexler, seconded by Mr. Gunther, is was unanimously (IV 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. Negrin, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Joel Leichter submitted an application to the Building Inspector, together with plans, to allow to remain the unenclosed off-street parking area as it presently exists; 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 Article XI, Section 89-67 B and Article I, Section 89-3. Proposed parking area is within 25 feet of a front lot line which is prohibited in any residence district. This area is 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; and WHEREAS, Mr. and Mrs. Leichter submitted an application for a variance to this Board on the grounds of practical difficulty CO and/or unnecessary hardship 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, which findings are as follows: 1. the Leichters own five cars and a motorcycle; II' 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 hack of the parking area; Co 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 it is March 22, 1988 -6- FURTHER RESOLVED, that the following conditions shall attach to this variance: 1. the granting of this variance is temporary. It will be in effect through the earlier of March 31, 1989 or 60 days after the determination of the pending litigation; and 2. no changes shall be made in the parking area as it currently exists; and it is FURTHER RESOLVED, that a variance is hereby temporarily granted and that Article XI, Section 89-67 B and Article I, Section 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 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 applicants 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 833 This application was withdrawn prior to the meeting of the Board. APPLICATION NO. 4 - CASE 834 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Stephen Hecht requesting a variance from Article VI, Section 89-34 B(1) to reduce the front yard from 30 feet required to 24 feet in an R-7.5 Zone District, for the proposed construction of a one-story addition with cellar garage and further requesting a variance from Article VIII, Section 89-44 D to permit erection of a 6 foot-high fence (4 foot maximum height permitted), at the side of the property, on the premises located at 30 Emerson Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 228. I March 22, 1988 -7- Mr. and Mrs. Hecht appeared before the Board. Mrs. Hecht submitted . trit photographs of the side yard where the fence would be installed and of the current garage. The Hecht's wanted to expand their house by using the existing above-ground garage. These extra rooms would be needed if their elderly parents come to live with the Hechts, as is anticipated. The design was planned to save at least one or two particularly fine trees. Mrs. Hecht submitted a petition from neighbors in support of the application. Mr. Wexler stated that the proposed plans were sensitively rendered and were consistent with the setbacks of neighboring houses and the Ordinance. Other members questioned the necessity for the proposed expansion. Mr. Wexler also stated that a six-foot fence is an extremely strong statement, both emotionally and visually, to erecting a trellis fence and preserving neighbors. Plans were for ere g g large lilacs and a dogwood. The Board members had varying reasons, but all of them were opposed to the six-foot fence. A compromise was reached among Messrs Wexler, Gunther and Kelleher - building a five-foot fence. Mr. Negrin stated that he was opposed to the proposal solely due to his objection to the variance requested for the fence. 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 till, under SEQR. Thereafter, on motion by Mr. Gunther, seconded by Mr. Wexler, the following resolution was adopted by a vote of 3 - 1, with Mr. Negrin opposed: WHEREAS, Mr. and Mrs. Stephen Hecht have submitted an application to the Building Inspector, together with plans, to allow theconstruction of a one-story addition with cellar garage and erection of a 6-foot high fence, which was amended to a 5-foot high fence; 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 Article VI, Section 89-34 B(1) and Section VIII, Section 89-44 D which would reduce the front yard from 30 feet required to 24 feet and which would exceed the four-foot height allowance on the premises located at 30 Emerson Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 288; and WHEREAS, Mr. and Mrs. Stephen Hecht have 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 22, 1988 -8- 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 conditionsapplying to the land for which the variance is sought, which findings are as follows: 1. the Hechts' elderly parents may need to become part of their household requiring more rooms in the house, particularly downstairs; 2. the plans were designed to save at least one, possibly two, fine large trees; 3. the Hecht's property line borders their neighbor's driveway; 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. that special circumstances and/or conditions are such (1110 that the strict application of the Zoning Ordinance would deprive the applicant of the reasonable use of the land and/or building and the the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI, Section 89-34 B(1) and Article VIII, Section 89-44 D be varied and modified so as to allow the erection of a one-story addition with cellar garage and a five-foot fence on the premises located at 30 Emerson Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 288 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 applicants 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. ***** March 22, 1988 -9- APPLICATION NO. 5 - CASE 680 4110 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Lawrence Flink for modification of Article VIII, Section 89-44 A "Supplementary Regulations - Yards, Setbacks and Courts" which requires a minimum rear and side setback for paved terraces of 5 feet to maintain an existing paved terrace (basketball court) having rear and side yard setbacks of 2.5 feet on the premises located at 11 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 740 on the grounds of practical difficulty and/or unnecessary hardship on remand from Supreme Court of the State of New York. The Zoning Board of Appeals had been ordered by the Supreme Court of the State of New York to grant the variance sought by the applicants. Therefore, on motion by Mr. Wexler, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Lawrence Flink submitted an application to the Building Inspector, together with plans, to allow to remain an existing paved terrace (basketball court) ; and WHEREAS, the Building Inspector 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 Article VIII, Section 89-44 A which requires a minimum rear and side setback for paved terraces of 5 feet on the premises located at 11 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 740; and WHEREAS, Mr. and Mrs. Flink 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, the Zoning Board of Appeals has been ordered by the Supreme Court of the State of New York to grant the variance sought by the applicant; NOW, THEREFORE, BE IT RESOLVED, that a variance is hereby granted with respect Article VIII, Section 89-44 A of the Zoning Ordinance so as to allow to remain an existing paved terrace (basketball court) on the premises located at 11 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 740 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 (1110 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Code. ***** March 22, 1988 -10- NEXT MEETING The next meeting of the Zoning Board will be held Wednesday, April 27, 1988. The Board members requested that the agendas for future meetings be sent to them as early as possible, even if they are preliminary or incomplete, so that they will have a longer period of time to make on-site inspections. ADJOURNMENT On motion by Mr. Wexler, seconded by Mr. Kelleher, the meeting was adjorned at 11:30 P.M. Alei4 d.) Bonnie M. Burdick Recording Secretary