HomeMy WebLinkAbout1989_03_22 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
MARCH 22, 1989, IN 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
Cathy Brady, Public Stenographer
Carbone, Kazazes & Assocaites
225 Mount Pleasant Avenue
Mamaroneck, NY 10543
Bonnie M. Burdick, Recording Secretary
CALL TO ORDER
The meeting was called to order by Chairman Negrin at 8:21 PM.
APPROVAL OF MINUTES
On motion of Mr. Simon, seconded by Mr. Gunther, the minutes of the
meeting of November 30, 1988 were unanimously approved.
On motion of Mr. Kelleher, seconded by Mr. Gunther, the minutes of the
meeting of December 21, 1988 were unanimously approved.
On motion of Mr. Wexler, seconded by Mr. Gunther, the minutes of the
January 25, 1989 were unanimously approved as corrected by those
members who had been in attendance.
APPLICATION NO. 1 - CASE 896
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. P. Denyssenko requesting a variance from
Section 89-34 B(2)(a) and (b) to reduce the side yard from 5.0 ft.
required to 3.70 ft. and the rear yard from 5.0 ft. required to 2.0
ft. , in at R-6 Zone District, to retain a rear storage shed 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's application had been adjourned from the last
meeting so that it could be properly noticed and so that a survey could
be obtained. Using the survey, the members determined that many of the
Denyssenko's neighbors had similar accessory structures placed very
close to the property lines. The Denyssenko's shed was on the lot when
they bought the house.
March 22, 1989
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On motion of Mr. Gunther, seconded by Mr. Simon, it was unanimously
RESOLVED, that the Zoning Board of Appeals is the Lead Agency and
solely responsible for determining whether the proposed action may
have a significant impact on the environment.
On motion of Mr. Gunther, seconded by Mr. Simon, 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. P. Denyssenko have submitted an application
to the Building Inspector together with plans to retain a rear
storage shed; 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 89-34 B(2) (a) & (b) 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 ; and
WHEREAS, Mr. and Mrs. Denyssenko 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 corner of the yard is already bounded by a
neighbor's garage and shed.
2. The shed was on the plot when the house was
purchased.
3. The variance granted is the minimum to alleviate
the practical difficulty detailed in the
application.
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4. The granting of the variance is in harmony with the
general purposes and intent of this Ordinance and
Sow 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 89-34 B(2)(a) & (b) of the Zoning Ordinance be varied
and modified so as to allow to remain a rear storage shed 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 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
slow 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. 2 - CASE 899
The Recording Secretary read the application as follows:
Application of Mr. & Mrs. P. Levi requesting a variance from Section
89-30.1 D to reduce the rear yard from 50.0 ft. required to 41.0 ft. ,
in an R-30 Zone District, for the proposed construction of a side and
rear deck on the premises located at 35 Country Road and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 103.
Mr. Levi and Fred Grippi, architect, appeared on behalf of the
application. They stated that the deck, which was added after the
house was built in 1964, was rotting and needed to be replaced. There
will be a railing on that area of the porch which is eighteen inches
off the ground.
On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously
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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.
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. Wexler, seconded by Mr. Kelleher the following
resolutions were unanimously adopted:
WHEREAS, Mr. and Mrs. P. Levi have submitted an application
to the Building Inspector together with plans to construct a
side and rear deck; 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 89-30. 1 D on the premises
located at 35 Country Road and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 315 Parcel 103 ; and
WHEREAS, Mr. and Mrs. Levi 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 lot is low and is irregularly shaped.
2. There is no impact on the neighbors as the house
borders the Sheldrake River Trail.
3 . The variance granted is the minimum to alleviate
the practical difficulty detailed in the
application.
March 22, 1989
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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 89-30.1D of the Zoning Ordinance be varied and
modified so as to allow the construction of a side and rear
deck on the premises located at 35 Country Road and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 315
Parcel 103 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 900
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. J. Cullen requesting variances from Section
89-33 B(1) to reduce the front yard from 30.0 ft. required to 13 .48
ft. , Section 89-23 B(2)(a) and (b) to reduce the side yard from 10.0
ft. required to 3.3 ft. and the total for both side yards required from
25.0 ft. to 17.8 ft. , in an R-10 Zone District, to retain an enclosed
porch 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 15 Sheldrake Avenue and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 221 Parcel 41.
Fred Grippi, architect, appeared with Mr. Cullen on behalf of the
application. He explained that the porch which had had storm windows
had been enclosed with no change to the foundation or roof line. The
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March 22, 1989
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applicant had been to the Planning Board which had declared itself the
Lead Agency and had issued a Freshwater Wetlands Permit.
Mr. Jakobowski stated that the assessor's card showed the downstairs as
having 1062 square feet and that there was a record on the house from
1918 which predates the adoption of the Zoning Law in 1922. Mr. Simon
commented that the garage on the lot next door was 1.6 ft. from the
property line.
On motion of Mr. Simon, seconded by Mr. Kelleher, the following
resolutions were unanimously adopted:
WHEREAS, Mr. and Mrs. J. Cullen have submitted an application to
the Building Inspector, together with plans to retain an enclosed
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(1) and 89-23 B(2)(a) and (b) on the premises
located at 15 Sheldrake Avenue and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 221 Parcel 41; and
WHEREAS, Mr. and Mrs. Cullen 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. Enclosing the porch had made the building no closer
to the lot line.
2. The enclosure of the porch makes the square footage
of the ground floor closer in area to that required
in a R-10 district.
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
March 22, 1989
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'ta. 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 89-23B (2) (a) and (b) of the Zoning
Ordinance be varied and modified so as to allow the
construction of an enclosed porch on the premises located at
15 Sheldrake Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 221 Parcel 41 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
Amy FURTHER RESOLVED, that this decision be filed with the Town
Clerk as provided in Section 267 of the Town Law.
APPLICATION NO. 4 - CASE 901
The Recording Secretary read the application as follows:
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 89-35A(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 feet where 60.0 feet is required as a minimum width and
frontage pursuant to Section 89-35A(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
IBlock 123 Parcel 309.
I
March 22, 1989
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Mr. Hoffman told the Board that the proposal before it had been
considered by the Planning Board. The Planning Board had decided that
the major issues involved were zoning issues. Therefore, it declined
Lead Agency status and deferred to the Zoning Board.
Terry Cribbin, attorney, appeared with Mr. Auffarth on behalf of the
application. Mr. Auffarth, a resident of 16 Edgewood Avenue, bought
the subject house in December, 1987, as an investment. He leases the
house to a diplomat and wishes to subdivide this lot so that his
daughter can build a house on it. Ms. Cribbin stated that the addition
of one house would not substantially alter the population.
Larry Gordon, architect, presented plans for what he termed a modest
three bedroom house of under 2,000 square feet.
Alexandra Valicenta, attorney, represented the neighbors of the
applicant who were opposed to the subdivision. Approximately 25
neighbors were in attendance, and Ms. Valzanti presented a petition
with 94 signatures on it. Ms. Valzanti stated that the application
failed to meet the standards for an area variance: unnecessary
hardship or practical difficulty. The attorney also cited problems
with parking, setting precedents for five other nearby oversized lots,
loss of several trees, and, therefore, drainage difficulties, and the
possible need to blast. Ms. Valzanti requested that a long EAF be
filed and stated that the situation was a self-created hardship.
ADJOURNMENT
Mr. Negrin adjourned the meeting at 9:45 PM and called it back to order
at 9:59 PM.
After questions from the Board, various members of the audience made
statements. They were Arthur Zenko, 65 Hillcrest; Paul Martin; Ron
Hanson, 57 Hillcrest; Elizabeth Brown, 58 Hillcrest; Michael Five;
Richard Defenbach, 2 Washington Square; Edward Price; Tom Wey, 18
Edgewood Avenue; and Elinor Kramer Navarro, Highview Street,
Mamaroneck. They objected to the proposed subdivision on the basis of
esthetics. parking, drainage, and property values - . . . "trying to put
10 pounds of potatoes in a 5 pound bag" . One member of the audience,
Joe Mirabella, stated that he likes to see young people have a chance.
Mr. Negrin stated that he was sensitive to Mr. Auffarth's desire to
provide his daughter with an affordable place to live. He stated that
the Town Board has recently established a committee to study the need
for affordable housing for young people, the elderly and Town and
School employees. At the same time, the Zoning Board has a narrow
requirement within the Town Law and must stay within this Law.
On behalf of the Board, Mr. Negrin asked the applicant for more
specific answers on the EIS, copy of the decisions cited, proof of
C)
March 22, 1989
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the hardship claimed, and evidence concerning the need or lack thereof
``. for blasting. Better drawings were requested by Mr. Wexler showing
topography, proposed finished grades, and a tree survey showing size of
trees and the umbrellas of the trees.
Mr. Hoffman told the applicant that administrative help was available
to him from the Town's Consulting Engineer and the Environmental
Coordinator.
On motion of Mr. Kelleher, seconded by Mr. Wexler, the Board voted
unanimously to adjourn this matter until its next meeting, April 26,
1989.
*J_J:*
ADJOURNMENT
Mr. Negrin declared a recess at 11:02 PM and reopened the meeting at
11:12PM.
At this time, Mr. Negrin asked that the secretary send each member a
copy of the transcript of the Auffarth application
APPLICATION NO. 5 - CASE 902
The Recording Secretary read the application as follows:
. Application of Melvina Raukx, Executrix/Estate of L. Summers requesting
variances from Section 89-21 A(1) , Section 89-35 A(1) and Section 89-35
B (2)(a) to respectively use the premises as a two family dwelling
where only one family use is permitted; to allow two dwelling units on
a 6,000 square feet lot where 12,000 square feet are required and to
retain a two story addition with a 3 .48 feet side yard where 8.0 feet
is required and further pursuant to Section 89-57 as the proposal would
increase the extent by which the existing dwelling fails to comply with
said requirements in an R-6 Zone District on the premises located at 8
Baldwin Avenue and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 126 Parcel 414.
Malvina Raukx and her two sisters, Virginia Harewood and Adelaide
Campbell, appeared on behalf of the application. She said that the
house had been built as a two family house in 1915 by her father prior
to the Zoning Law of 1922. She submitted copies of the assessment card
for the house which showed that it had been assessed and taxed as a two
family house by the Town. The applicant submitted a petition by
neighbors favoring the two family designation.
Seven siblings have inherited the house which is currently occupied by
only one person. The new owners feel that the house would be hard to
sell if it cannot stay a two family house. They stated that there are
several two family houses in the area.
March 22, 1989
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Two realtors, Pat Flint, Orsini Drive, and Elinor Kramer Navarro,
Highview Street, Mamaroneck, spoke in favor of the designation as a two
family house.
Peter Perciasepe, 96 Myrtle Boulevard, was opposed as he felt that such
designation would lower property values and change the character of the
neighborhood.
Mr. Hoffman stated that the Board would like evidence concerning two
family use from non-family members and old photographs. Mr. Wexler
stated that it would have been helpful if some of the signers of the
petition had attended the meeting.
On motion of Mr. Wexler, seconded by Mr. Gunther, the Board unanimously
voted to adjourn this application to the next meeting,
*: **
APPLICATION NO. 6 - CASE 903
The Recording Secretary read the application as follows:
Application of Mr. C. Carilli requesting a variance from Section 89-35
B(3) to reduce the rear yard from 25.0 feet required to 16.25 feet, in
an R-6 Zone District to retain a rear deck on the premises located at
22 Colonial Avenue and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 120 Parcel 287.
Carl Carilli appeared on behalf of his application. He stated that he
had constructed a deck in early Spring of 1988. A deck is needed in
the yard as raccoons in the neighborhood are too friendly. The deck is
0 two to three feet high.
0 On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously
RESOLVED, that the Zoning Board of Appeals is the Lead Agency and
solely responsible for determining whether the proposed action may
have a significant impact on the environment.
On motion of Mr. Wexler, seconded by Mr. Simon, 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. Simon, seconded by Mr. Gunther, the following
resolutions were unanimously adopted:
WHEREAS, Carl Carilli has submitted an application to the
Building Inspector, together with plans to retain a rear
deck; and
March 22, 1989
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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(3) on the premises
located at 22 Colonial Avenue and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 120 Parcel 287; and
WHEREAS, Mr. Carilli 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 deck, which is relatively low, is appropriate
in scale to its site.
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 89-35 B(3) of the Zoning Ordinance be varied and
modified so as to allow to retain a rear deck on the premises
located at 22 Colonial Avenue and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 120 Parcel 287 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
if-
March 22, 1989
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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.
* *n
ADJOURNMENT
On motion of Mr. Simon, seconded by Mr. Gunther, the meeting was
unanimously adjourned at 11:35 PM.
Bonnie M. Burdick