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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 -2- 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. March 22, 1989 -3- 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 March 22, 1989 -4- 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 -5- 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 I March 22, 1989 -6- 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 -7- '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 -8- 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 -9- 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 -10- 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 -11- 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 -12- 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