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HomeMy WebLinkAbout1989_05_24 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK MAY 24, 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 Danielle Leo, Public Stenographer Carbone, Kazazes & Associates 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 8:20 PM. He stated that some cases would be taken out of order APPLICATION NO. 1 - CASE 902 The Recording Secretary read the application as follows: Application of Melvina Raukx, Executor/Estate of L. Summers requesting a variance from Section 89-35 B(2) (a) 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 requirement 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. Mr. Simon entered the meeting at this time and recused himself from the matter at hand as he had in the past. Peter Mosher and Gladys Ullmann, attorneys, appeared for the applicants. They reiterated the presentation that they had made before the Board in April. Affidavits by three of the Summers children as well as one by William Widulski, Engineer, were submitted and will be made a part of the record. The attorneys stated that the addition is within the footprint of the house. Demolition would be extremely expensive and cause extensive restructuring within the rear area of the house which would remain. Mrs. Ullmann stated that retaining the second-story addition would cause no negative impact in the neighborhood. May 24, 1989 -2- On motion of Mr. Gunther, seconded by Mr. Kelleher, with Mr. Simon abstaining, the following resolutions were adopted: WHEREAS, Melvina Raukx, Executor\Estate of L. Summers, has submitted an application to the Building Inspector, together with plans to retain a rear second-story addition 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; 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 89-35 B(2)(a) and 89-57; and WHEREAS, Mrs, Raukx 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 addition does not alter the footprint of the house. 2. The house is similar to other houses in the immediate neighborhood. 3. The addition appears to have been in place for at least 60 years. 4. The cost to remove the addition would be at least $25,000.00. 5. The house has a lot which is one of the largest, if not the largest, in the immediate neighborhood. 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 May 24, 1989 -3- reasonable use of the land and/or building and the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-35B(2)(a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow to remain a rear second-story addition 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 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. 7 - CASE 912 Mr. Negrin explained to the applicant - Beverly Nalven - that an appearance before the Zoning Board was premature as the application must go first before the Planning Board for environmental considerations and a Fresh Water Wetlands Permit and also before the Coastal Zone Management Commission. On motion of Mr. Kelleher, seconded by Mr. Wexler, it was unanimously RESOLVED, that the application of Beverly Nalvin be referred to the Coastal Zone Management Commission for review. NEXT MEETING The next meeting of the Board was scheduled for June 28, 1989. APPLICATION NO. 3 - CASE 907 The Recording Secretary read the application as follows: Application of Mr. and Mrs. J. Zacamy requesting a variance from Section 89-34 B(2)(a) to reduce the side yard from 10.0 feet May 24, 1989 -4- required to 6.81 feet, in an R-6 Zone District, to retain an enclosed porch on the premises located at 4 Acorn Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Parcel 414. Mr. and Mrs. Zacamy appeared in support of their application. They stated that a legal addition had been built in April, 1950. A survey shows a screened porch which would have been built in the 1950's prior to the changes made to the Zoning Ordinance in 1959. This screened porch had been enclosed prior to 1967 which is as far back as the Zacamys could trace owners. The discrepancy did not appear in their title search, but they are now selling the house and want to be sure that all is order. Mr. Jakubowski told that Zacamys that they will need to have a new survey made. On motion of Mr. Wexler, seconded by Mr. Gunther, 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; and FURTHER 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. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Zacamy have submitted an application to the Building Inspector, together with plans to retain an enclosed porch on the premises located at 4 Acorn Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Parcel 414; 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) ; and WHEREAS, Mr. and Mrs. Zacamy 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 May 24, 1989 -5- 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. Removal of the enclosed porch would cause financial hardship. 2. The porch does not further enlarge the footprint as it has existed since 1950. 3. 6.8 feet is the closest that the house is to the side lot line; other parts of the house are farther away from the line. 4. Enclosure of the porch occurred at least 17 years prior to the purchase of the house by the applicant. 5. 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 6. 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) of the Zoning Ordinance be varied and modified so as to allow to remain an enclosed porch on the premises located at 4 Acorn Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Parcel 414 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 ***** May 24, 1989 -6- APPLICATION NO. 4 - CASE 909 The Recording Secretary read the application as follows: Application of Ms. Margaret Lyons requesting a variance from Section 89-44 D to construct a five (5) feet high cedar board fence (four [4] feet height maximum permitted) , in a Residence Zone District, on the premises located at 11 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 185. David Lyons appeared on behalf of the application. The Lyons sought to replace a dilapidated fence. There are young children in the family, and the fence encloses a yard with uneven terrain. The height of the fence will vary from 4'4" to 5' . The fence will largely be hidden by tall shrubs and small trees. The fence will have two "front" sides. On motion of Mr. Wexler, seconded by Mr. Gunther, 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; and FURTHER 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. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Margaret Lyons has submitted an application to the Building Inspector, together with plans to build a five-foot fence on the premises located at 11 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 185; 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 and WHEREAS, Mrs. Lyons 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; May 24, 1989 -7- 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 proposed fence will be placed in an area surrounded by shrubs and trees. 2. The construction of the fence will cause the top of the fence to be straight on an uneven terrain. 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 89-44 D of the Zoning Ordinance be varied and modified so as to allow the construction of five-foot fence on the premises located at 11 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 185 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. ***** May 24, 1989 -8- APPLICATION NO. 5 - CASE 910 and APPLICATION NO. 6 - CASE 911 The Recording Secretary read the two applications as follows: Application of George & Edith Realty Corp. requesting a variance to allow a subdivision of property, the resulting lot fronting Sherwood Drive having a lot width and frontage of 67.5 feet where 75.0 feet is required pursuant to Section 89-34 A(2) in an R-7.5 Zone District on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Parcel 326. Application of Hi-Tech Car Wash requesting variance from Section 89-28 B(7) to allow use of a car wash without the required gasoline filling station operation; use of the rear yard for commercial purposes without a 10 feet deep planting area for a landscaped buffer pursuant to Section 89-41 B(3) and further the additions and awnings proposed would increase lot coverage to 38% where 25% is the maximum allowed pursuant to Section 89-41 A(3) . Additional variances of the Sign Law are needed for the erection of or refacing of signs as follows: A sign of 80 square feet area and 20.0 feet above grade and a second sign of 75 square feet area and 17.5 feet above grade are proposed where only one sign, no more than 30 square feet in area and 15 feet in height, is allowed pursuant to Section 14-33 D and the 80 square foot sign as proposed has exposed sources of illumination where only indirect illumination is allowed pursuant to Section 14-35 E and the 75 square foot sign has excessive lettering for the activity it represents and is inappropriate to the surroundings pursuant to Section 14-30 D(1) and (2) in a B (Business) Zone District on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map as Block 503 Parcel 326. Michael Poles, attorney, represented Yurrie Abrahams, owner of George & Edith Realty. Representing High Tech were Donald Mazin, attorney; Steven Bernard, operator; Tony Fodera, sign manufacturer; and Ed Youngstrom, awning manufacturer. It is proposed to divide the property into a commercial property on the Post Road and a residential property on Sherwood Drive where, ultimately, a house will be built for the owner. To allow a turning radius for the cars in the car wash, it is proposed to have the buffer zone required between commercial and residential areas on the house lot. The Board questioned how the owner would be required to maintain the buffer zone. May 24, 1989 -9- When these applications had been before the Planning Board and the CZMC, both Boards had suggested that the car wash remove the gas tanks which are usually a required conjunctive use. Mr. Negrin temporarily adjourned the meeting at 10:37 PM and recalled it to order at 10:51 PM. The Board had many questions about the car wash: its mode of operation, need for large signs, plans for purchase, etc. It asked the applicants to supply it with: copies of minutes from the Planning Board and the CZMC; a plan showing turning radius requirements; a list of other car washes operated by Mr. Bernard; details of the agreements between the realty corporation and the car wash corporation; sight lines and buildings 10 feet from the property lines; details about the canopies; landscaping plans for the buffer zone currently as well as for the future and consideration of wooden noise deadeners for the buffer zone. Speaking in opposition to the proposal were Ruth Perrault, Sandra Herriott and Paul Donohue of Sherwood Drive and Holly Januzzi of Parkland Avenue. They complained most particularly about noise pollution, air pollution from the cars and visual pollution of current and proposed signs. Mr. Bernard offered to meet with the neighbors and said that the amplifying system will no longer be used. He stated that he wants to make the car wash a clean, attractive, safe business. On motion of Mr. Simon, seconded by Mr. Kelleher, the Board unanimously RESOLVED, that Cases 0910 and 0911 be adjourned to the next meeting. APPLICATION NO. 2 - CASE 906 This application of Mr. Thomas Pirzinger had been introduced at the April meeting. Michael Gismondi, architect, appeared on behalf of the application He stated that the Planning Board had granted a Fresh Water Wetlands Permit and required that the piles supporting the deck be made of steel. He reiterated that his clients use of their yard is hampered by the flooding of and dampness from the Sheldrake River. Variances are sought to enlarge an unusable room and provide outdoor recreation with a deck. May 24, 1989 -10- On motion of Mr. Simon, seconded by Mr. Wexler, the following resolutions were unanimously adopted: WHEREAS, Thomas Pirzinger has submitted an application to the Building Inspector, together with plans to extend a room and construct a deck on the premises located at 21 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 54; 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)(b) , B(3) and 89-57; and WHEREAS, Mr. Pirzinger 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 is for only 3i feet. 2. Since the garage is in the front yard, no driveway is necessary. 3. The total of the side yard is greater than the requirements for side yards. 4. Construction of the deck will make the back yard more usable in an area prone to flood. 5. The house next door has a comparable deck. 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 May 24, 1989 -11- 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(2)(b) , B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the extension of a room and construction of a deck on the premises located at 21 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 54 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 ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned at 12:07 AM. Bonnie M. Burdick