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HomeMy WebLinkAbout1988_11_30 Zoning Board of Appeals Minutes ifr v4 .� 1����) MINUTES OF THE REGULAR MEETING OF THE eoce aa 0� 4! ZONING BOARD OF THE TOWN OF MAMARONECK ti 1988, IN THE COURTROOM, TOWN CENTER QP�R\o�N � NOVEMBER 30, 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther J. Rene Simon Arthur Wexler Absent: Patrick B. Kelleher Also Present: Edward M. Lieberman, Town 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 at 8:20 PM by Chairman Negrin. MINUTES A number of sets of minutes from past meetings were available at the meeting for the members. Mr. Negrin asked the Board to review these minutes and send any comments to Mrs. Burdick. APPLICATION NO. 1 - CASE 877 The Recording Secretary read the application as follows: Application of Mr. and Mrs. George Geisel requesting a variance from Section 89-35 B(3) to reduce the rear yard from 25.0 feet required to 23.0 feet to retain a previously constructed room addition and to 19.8 feet to retain a previously constructed platform and steps, in an R-6 Zone District, on the premises located at 95 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 465 Mark Mustacato, Architect, and Mr. and Mrs. Geisel appeared on behalf of the application. Mr. Mustacato stated that the addition, steps and porch had been in existence in 1985 when the Geisels purchased the house and that they were probably added in 1980. The Geisels have sold the house and needed to obtain a certificate of occupancy. Mr. Mustacato stated that the house is small and that no neighbors object to the additions in question. The house is screened from the house to the rear on Myrtle Boulevard by planting. November 30, 1988 Page 2 Mr. Wexler stated that the rear line of the house is in line with the other houses on the block and that the house appears undersized on the tax map. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. George Geisel have submitted an application to the Building Inspector, together with plans to allow to remain a previously constructed room addition, platform and steps; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-35 B (3) 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. Geisel 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 additions make the house more consistent in size with other houses in the neighborhood. 2. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 3. The practical difficulties herein are not caused by any act of the applicants, since the construction which is the subject of this application was done prior to applicants' purchase of the property. November 30, 1988 Page 3 4. The applicant has screened the subject area of the house with planting. 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 89-35 B (3) of the Zoning Ordinance be varied and modified so as to allow to remain the room, platform and steps 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 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 878 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Mark Greene requesting a variance from Section 89-35 B (2) to reduce the total of both existing side yards from 18.0 feet required to 16.3 feet for the proposed construction of a rear addition and further requesting a variance from Section 89-35 B (3) to reduce the rear yard from 25 feet required to 14. 1 feet, in an R-6 Zone District, for the proposed construction of a rear patio on the premises located at 36 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 424. Mr. and Mrs. Greene appeared on behalf their application. They stated that they want to add a family room in the rear and build a patio in the back yard while maintaining the integrity of the Tudor design. The November 30, 1988 Page 4 side yards do not conform now. The side of the house will not be a straight line so that a "shadow" line can be created. The land around the patio will be graded to create gradual slope, and the patio will be screened with shrubbery. 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. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Mark Greene have submitted an application to the Building Inspector, together with plans to construct a rear addition and a rear patio; 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) and (3) on the premises located at 36 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 424; and WHEREAS, Mr. and Mrs. Greene 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 side yard of the house, as proposed to be extended, is consistent with the side yard of the house as it exists. 2. The addition is consistent with the other setbacks in the neighborhood. 3. Grading will soften and reduce the impact of the patio on the rear of the house. November 30, 1988 Page 5 4. The patio will be screened by shrubs. 5. The proposed construction will not result in smaller side yards than already exist. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-35 B (2) and (3) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear addition and rear patio on the premises located at 36 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 424 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 ***** NEXT MEETING Mr. Negrin polled the Board concerning the date of the next meeting. It was decided to question Mr. Kelleher before establishing the date. ADJOURNMENT Mr. Negrin adjourned the meeting temporarily at 9:00 PM and re-opened it at 9:05 PM. APPLICATION NO. 3 - CASE 879 The Recording Secretary read the application as follows: Application of Carol Carozza requesting a variance from Section 89-34 B (3) to reduce the rear yard from 25.0 feet required to 13.5 feet, in an November 30, 1988 Page 6 R-7.5 Zone District, for the proposed construction of an above grade rear deck on the premises located at 3 Robins Nest Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 252. Ms. Carozza appeared on behalf of the application. She stated that she was requesting a variance for a deck that would be accessible from the kitchen and dining room. Her parents are elderly and have trouble negotiating stairs. The back yard is isolated; no one would be able to see the deck because of trees and because the house next door is on a grade below the applicant's house. 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. Simon, seconded by Mr. Wexler, the following resolutions were unanimously adopted: WHEREAS, Carol Carozza has submitted an application to the Building Inspector, together with plans to construct a 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 89-34 B (3) on the premises located at 3 Robins Nest Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 252; and WHEREAS, Ms. Carozza 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 shape of the lot is unusual. November 30, 1988 Page 7 2. The lot has a severe grade which contributes to isolation of the house and unobtrusiveness of the deck. The lot is also surrounded by extensive shrubbery. 3. The deck will not be visible from the street. 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 the following condition shall attach to this variance: A lattice shall be built below the deck to make the deck less intrusive. FURTHER RESOLVED, that a variance is hereby granted and that Section 89-35 B (2) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 3 Robins Nest Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 252 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.4 - CASE 880 The Recording Secretary read the application as follows: Application of Ms. Maralyn Howe requesting a variance from Section 89-67 B to reduce the distance from the front lot line to a proposed November 30, 1988 Page 8 unenclosed off-street parking space from 25.0 feet required to 0.0 feet, in an R-7.5 Zone District, on the premises located at 93 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 335. Ms. Howe appeared on behalf of the application. She stated that her driveway was steep and difficult to negotiate in the winter. As she cannot regularly park one of the two cars in the street, Ms. Howe sought a variance. Mr. Jakubowski noted that the proposed area would require a permit for a curb cut and could be made of gravel or paved with blacktop. Mr. Negrin expressed concern that from Edgewood Avenue it would appear that a car is parked on the side lawn. The other members were satisfied that this appearance would be minimized by a screening of evergreens. On motion of Mr. Gunther, seconded by Mr. Simon, the Board unanimously RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were adopted with Messrs. Gunther, Simon and Wexler voting in favor and Mr. Negrin opposed: WHEREAS, Ms. Maralyn Howe has submitted an application to the Building Inspector, together with plans to construct an unenclosed off-street parking space; 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 89-67 B on the premises located at 93 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 479; and WHEREAS, Ms. Howe 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: November 30, 1988 Page 9 1. The severe slope of the of the shared rear driveway in freezing weather conditions makes exiting from the one car garage and small turnaround area nearly impossible. 2. While the Board has great difficulty with allowing unenclosed off-street parking, the variance granted is the minimum possible 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 the following condition shall attach to this variance: A line of evergreens shall be planted parallel to Edgewood Avenue on the north side of the parking area from the lot line next to the sidewalk to three feet from the house. These evergreens shall be four feet high, not less than four feet on center and shall be maintained. FURTHER RESOLVED, that a variance is hereby granted and that Section 89-67 B of the Zoning Ordinance be varied and modified so as to allow the construction of an unenclosed off-street parking space the premises located at 93 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 335 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. ***** November 30, 1988 Page 10 APPLICATION NO. 5 - CASE 881 The Recording Secretary read the application as follows: Application of Mr. Joseph Michaeli requesting variances from Section 89-32 B(1) and Section 89-57 to reduce the front yard from 40.0 feet required to 27.0 feet (31.85 feet existing) , in an R-15 Zone district, for the proposed construction of an addition to the existing den and kitchen which will increase the extent by which the existing structure fails to meet the front yard requirements on the premises located at 2 Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 479. Lawrence Gordon, architect, appeared, together with Mr. and Mrs. Michaeli, on behalf of the application. He stated that the Michaelis want to renovate the kitchen to include laundry facilities and a breakfast room. Currently the traffic patterns are awkward. Also, because the house is not parallel to the property line and because the lot is a corner one, more stringent zoning requirements apply. Jeanne Trenholm, a neighbor of the Michaelis, stated that the addition does not extend the house towards any neighbors and that it would have no effect on them. 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. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Joseph Michaeli has submitted an application to the Building Inspector, together with plans to construct a breakfast room and laundry room; 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 89-32 B (1) and 89-57 on the premises located at 2 Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 479; and WHEREAS, Mr. Michaeli 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 November 30, 1988 Page 11 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 siting of the house (450 askew from the property line) creates irregular conditions which deprive the owner of full use of his property, making addition at other points impractical. 2. The architectural plans are in good taste and may enhance the house and the neighborhood. 3. The variance granted is the minimum to relieve the hardship of the applicant. 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 the following condition shall attach to the variance: Shrubbery screening shall be provided and maintained along the west side of the existing chain link fence starting where the fence makes a 90° turn to the end of said fence. FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-32 B (1) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a den and laundry room on the premises located at 2 Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 479 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 November 30, 1988 -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. ***** ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned at 10:20 PM. Bonnie M. Burdick Recording Secretary