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HomeMy WebLinkAbout1988_10_26 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK OCTOBER 26, 1988, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD RECEIVED MAMARONECK, NEW YORK MaR 3 1989 CALL TO ORDER NOIMA k NON O TOWN CLERK MAMARONECK The meeting was called to order by Chairman Negrin at 8:21 PM. NY' ROLL CALL Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rene Simon Arthur Wexler Also Present: Edward M. Lieberman, Town Counsel William E. Jakubowski, Buidling Inspector Susan Peterson, Court Stenographer 307 Aristotle Drive Maybrook, NY 12543 Bonnie M. Burdick, Recording Secretary APPLICATION NO. 1 - CASE 869 The Recording Secretary read the application as follows: Application of Mr. & Mrs. Karmel requesting variances from Section 89-20 A (1) (permitting only one family dwellings) , Section 89-10 (permitting only one principal single family residential building per lot) 'and Section 89-47 B (prohibiting use of accessory buildings for residential purposes on lot with principal residential structure) to permit the conversion of an existing accessory structure into a two-family residence, or, in the alternative from Section 89-56 B & C to permit the alteration of said accessory building and a change of use of said building from one nonconforming use to another, which is located in an R-20 Zone District at 1050 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 345 Parcel 1. Mr. Negrin and Mr. Simon stated that they did not think that it was appropriate for them to participate in the voting, because they had not been present at the September 28, 1988 meeting when the Application had been presented. If no resolution could be reached at the meeting, they would review the transcript from the September meeting and be prepared to vote at the next meeting. Mr. Negrin continued to chair the meeting. Richard Lanza, Mr. Karmel's attorney, stated that since he could not prove that a rental apartment existed in the accessory structure since before the enactment of the Zoning Ordinance in 1922, his client wanted to amend the application. The application would now be only for variances for a 2-family dwelling unit with an apartment renting for October 26, 1988 Page 2 $1400 per month on the ground floor and a dwelling unit for a domestic employee on the second floor. The alternative request for relief based on a claimed legally non-conforming use of the structure was formally withdrawn. Vincent and Peggy Monte-Sano, Gregory Pasqua, Nanette Selig, Janet Schaefer, and Robert Hanas, neighbors, spoke to the Board. They were concerned the property would be broken up and that 2-family housing would be allowed. Mr. Karmel stated that he would file the "as-built plans" and never seek another variance and that those domestic employees living on the second floor would always be in his employ. 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 SEQR. The Board explored the options available, including a limit on the variance to the period of ownership by Mr. or Mrs. Karmel. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted by Mr. Wexler, Mr. Kelleher, and Mr. Gunther with Mr. Negrin and Mr. Simon abstaining: WHEREAS, Mr. Morton Karmel has submitted an application to the Building Inspector to permit the conversion of an existing accessory structure on the property into a two-family residence to permit the continued occupancy thereof by a tenant family 'and the present groom of horses located elsewhere on the property; or, in the alternative, to permit the change of use of said accessory structure from one nonconforming use to another, on property located at 1050 Old White Plains Road and designated on the Tax Map as Block 345, Parcel 1; and, WHEREAS, because of a lack of proof of continuous use of the accessory building since before the enactment of the Town Zoning Ordinance in 1922, applicant has withdrawn their alternative request and changed the use of the accessory building from one nonconforming use to another; and, WHEREAS, the Building Inspector declined to permit the continued use of the structure on the ground that said use violated Sections 89-20 (A) (1), 89-10 and 89-47 (B) of the Town's Zoning Ordinance; and October 26, 1988 Page 3 WHEREAS, applicant submitted an application to this Board for a variance from the application of the above-mentioned Sections of the Zoning Ordinance on the grounds of practical difficulty and unnecessary hardship for the reasons that the use of the building in question has been continuous since before applicant purchased the property in 1953 and to deny the variances would deprive applicant of substantial rental income; and, WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested therein; NOW, THEREFORE, BE IT RESOLVED that this Board finds that there are special grounds supporting the granting of the application in that: (1) The_applicant purchased the property in 1953 subject to a lease of the structure in question, which use has continued for over 35 years under applicant's ownership; (2) The second floor dwelling unit has been continuously occupied by a domestic servant, to wit, a groom for horses located elsewhere on the property; (3) To deny the variance would result in the eviction of a family at a time when affordable housing in the area is in great shortage; and, (4) The granting of the variance, subject to the conditions listed below, will not adversely affect the character and safety of the neighborhood; and, it is FURTHER RESOLVED, that the variances requested are hereby granted to permit the continued occupancy of the accessory structure in question upon the following conditions: (a) Applicant is to submit plans for the accessory building to the Building Inspector, showing the current layout, construction and use of said structure; (b) Said structure may continue to be used for a dwelling unit on the first floor and a dwelling unit on the second floor thereof; (c) Said second floor dwelling unit may be occupied only by a domestic employee of the applicant; (d) No other variances or alterations in the use or occupancy of the property will sought by the applicant; October 26, 1988 Page 4 (e) These variances will be in effect only while the subject property is owned by the Applicants and will terminate upon the sale of the property by the applicant or the decease of the applicant and his wife, whichever is later, upon either of which events all cooking facilities in both dwelling units permitted hereby will be removed and these variances will terminate; and, (f) The applicant will, within 90 days of the filing of this resolution, place these conditions in deed restrictions, which, upon approval thereof by the Counsel to the Zoning Board, will be duly recorded in the Westchester County Clerk's Office, Division of Land Records, against the property in question; and it is FURTHER RESOLVED, that this resolution be filed with the Town Clerk as required by Section 267 of the Town Law. ***** ADJOURNMENT Mr. Negrin adjourned the meeting at 9:55 and re-opened it at 10:00 PM. ***** APPLICATION NO. 2 - CASE 870 The Recording Secretary read the application as follows: Application of Mr. & Mrs. Walter Zullig requesting variances from Section 89-34 B(3) and Section 89-57 to reduce the rear yard from 25.0 feet required to 20.0 feet, in an R-7.5 Zone District, for the proposed construction of a rear two story addition which will increase the extent by which the existing structure fails to meet the rear yard requirements on the premises located at 79 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Parcel 78. Lucinda Stoll, architect, represented the applicant. She stated that placing the addition where proposed would make sense esthetically and practically. Mr. Zullig stated that the addition was necessary to accommodate his growing family. He presented favorable letters from his neighbors. 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 SEQR. October 26, 1988 Page 5 On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Walter Zullig have submitted an application to the Building Inspector, together with plans, to construct a rear two-story addition; 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) and 89-57 on the premises located at 70 Echo Lane and known on the Tax Assessment Map of the Town of Mamroneck as Block 118 Parcel 78; and WHEREAS, Mr. and Mrs. Zullig 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. This addition is necessary to accommodate the Zullig's growing family. 2. 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 a variance is hereby granted and that Section 89-34 B (3) and Section 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a October 26, 1988 Page 6 rear two story addition on the premises located at 70 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Parcel 78 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 871 The Recording Secretary read the application as follows: Application of Mr. Mark Chin requesting a variance to retain an existing 9'5" high fence which exceeds the 6 foot height allowed under a variance granted on August 27, 1987, and further increases the nonconformity with Section 89-44 D which provides that no fence shall exceed 4 ft. in height in a Residence District, on the premises located at 26 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 03 Parcel 410. Mr. Chin explained that in order to have a level top on his fence a portion of it was 9'5" because of the slope of his land. He lives next to the railroad tracks and wanted to protect his three small children. 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 SEQR. On motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. Mark Chin has submitted an application to the Building Inspector, together with plans, to allow to remain a fence nine and one-half-foot high at its highest point, which October 26, 1988 Page 7 would exceed the six-foot height limit permitted by a prior variance issued by this Board; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Section 89-44 D which would exceed the above-mentioned height allowance on the premises located at 26 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 410; and WHEREAS, Mr. Chin 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 there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. Mr. Chin's property borders the railroad tracks; 2. His property slopes greatly, making a six-foot uniform height impractical; 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 3. There are special circumstances and conditions applying to the land for which the variance is sought, and that strict compliance with the requirements of the Zoning Ordinance will not alleviate applicant's practical difficulty. FURTHER RESOLVED, that a variance is hereby granted and that III Secion 89-44 D be varied and modified so as to allow to remain a nine and one-half foot fence on the premises located at 26 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 410 in strict conformance with the plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is October 26, 1988 Page 8 FURTHER RESOLVED, that the applicant shall obtain a bulding permit within six months of the filing of this Resolution with the Town Clerk; 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 872 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Daniel Thys requesting a variance from Section 89-67 B to reduce the front lot line from 15.0 feet required to 8.5 feet, in an R-10 Zone District, for the proposed development of an unenclosed off-street parking space on the premises located at 135 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 1. Mr. Thys explained that there is a real parking problem on his street. Two cars have been damaged while in the street. He would remove rock from the site without blasting. 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 SEQR. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted; WHEREAS, Mr. and Mrs. Daniel Thys have 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 135 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamroneck as Block 213 Parcel 1; and WHEREAS, Mr. and Mrs. Thys 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 October 26, 1988 Page 9 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 Thys experience a parking difficulty involving safety and convenience. 2. There is only a one-car garage with a short narrow steep driveway and an extreme grade at the opposite (East) front side of the house. 3. The variance granted is the minimum possible 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 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 89-67 B of the Zoning Ordinance be varied and modified so as to allow the construction of an unenclosed off-street parking space on the premises located at 135 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 1 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 October 26, 1988 Page 10 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 5 - CASE NO. 873 The Recording Secretary read the application as follows: Application of Mr. & Mrs. Colin Houston requesting variances for a parcel of land, in an R-20 Zone District, located at 1154 Old White Plains Road and known on the Tax Assessment of the Town of Mamaroneck as Block 340 Parcel 334. The parcel created is a subject of a subdivision proposal which would have 0 feet street frontage where 100.0 feet is required pursuant to Section 89-31 A(2) and further, the parcel lacks frontage on a public street required pursuant to Section 280 A of the Town Law and Section 89-14 of the Zoning Law of the Town of Mamaroneck. Upon examination by the Board, it became apparent that the lots as divided would not be legal in additional respects. Mr. Houston said he intends to amend his application and re-submit it to the Board. ***** APPLICATION NO. 6 - CASE 874 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Mark Grossman requesting variances from Section 89-31 (B)(2)(a) to reduce the side yard from 15.0 feet required to 3.5 feet and Section 89-31 A (1) to reduce the property size from 20,000 square feet required to 19,789.33 square feet, in and R-20 Zone District, to retain an existing side and rear deck on the premises located at 10 Bruce Road and known on the Tax Assessment Map of the town of Mamaroneck as Block 346 Parcel 51. Gregory Pasqua appeared on behalf of the applicant. He had bought the property from Mr and Mrs. Grossman. At the time that the property was subdivided, no input from the Planning Board was necessary. The lot next to the Pasquas, retained by the original owner, has a large outcropping of rock and does not drain sufficiently to be a buildable lot. The sub-standard lot had evidently not been noticed during the inspection process, as had the addition of non-conforming decks. 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 October 26, 1988 Page 11 corresponding local law, therefore requiring no further action under SEQR. On motion of Mr. Negrin, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Pasqua, on assignment from Mr. and Mrs. Grossman, have submitted an application to the Building Inspector, together with plans to allow to remain an existing 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 89-31 B (2) (a) and Section 89-31 A (1) on the premises located at 10 Bruce Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 346 Parcel 51; and WHEREAS, Mr. and Mrs. Pasqua have submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and 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 formation of a sub-standard lot was created through no fault of the applicants. 2. 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 October 26, 1988 Page 12 FURTHER RESOLVED, that a variance is hereby granted and that Section 89-31 B (2) (a) and Section 89-31 A (1) of the Zoning Ordinance be varied and modified so as to allow to remain an existing side and rear deck on the premises located at 10 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Parcel 51 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 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 875 The Recording Secretary read the application as follows: Application of Dr. S. Levitt requesting variances from Section 14-48 A(2) to reduce the rear yard from 20.0 feet required to 16.0 feet and Section 14-48 A (1) to reduce the distance from a proposed hot tub to the principal building from 15.0 required to 12.0 feet, in an R-7.5 Zone District, on the premises located at 50 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 152. Mr. Wexler stated that he knew the Levitts as friends but that he saw no confict of interest. Mr. Negrin excused himself as the Levitts are clients of his wife. He turned the meeting over to Mr. Simon. Frank Ambrosio, contractor, represented the Levitts. He stated that Mrs. Levitt has a physical hardship and submitted a letter from her doctor and also indicated that the hot tub could not be built "in ground" in the back yard because of rock. On motion of Mr. Wexler, seconded by Mr. Kelleher, it was unanimously RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQR. On motion of Mr. Kelleher, seconded by Mr. Wexler, the following resolutions were adopted by Mr. Kelleher, Mr. Wexler, Mr. Simon and Mr. Gunther with Mr. Negrin abstaining: October 26, 1988 Page 13 WHEREAS, Dr. S. Levitt has submitted an application to the Building Inspector, together with plans to construct a hot tub with a 16.0 rear yard; 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 14-48 A (2) and Section 14-58 A (1) on the premises located at 50 Villa Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 111 Parcel 152; and WHEREAS, Dr. Levitt 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 construction of a hot tub is necessary for Mrs. Levitt's health. 2. The terrain of the back yard makes the placement of the hot tub at this site necessary. 3. The variance granted is the minimum possible 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 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 14-48 A (2) and Section 14-48 A (1) of the Zoning C October 26, 1988 Page 14 Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 50 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 152 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 Mr. Negrin adjourned the meeting temporarily at 11:30 and re-opened it at 11:45. APPROVAL On motion of Mr. Gunther, seconded by Mr. Wexler, the resolutions for the Kluge application passed at the July 12, 1988 meeting of the Board were unanimously approved as amended. APPLICATION NO. 8 - CASE 876 The Recording Secretary read the application as follows: Application of Midland Equities & Development Corp. requesting an extension of time to obtain the required building permit. The plans and specifications as resubmitted have changes to the facade and floor plan configuration which differ from those approved by the Board of Appeals on May 7, 1987 and June 22, 1988 for the proposed construction of a two story office with parking on the premises located at 178 Myrtle Blvd and known on the Tax Assessment map of the Town of Mamaroneck as Block 133 Parcel 627. Mr. Simon and Mr. Wexler excused themselves from this application, as they had from its initial introduction. Mr. Coughlin, who has formed a partnership with Victor D'Ortona, appeared before the Board. Building Inspector Jakubowski detailed how ul.Luuei GU, 17U0 Page 15 the revised plans differred from those originally approved, noting that less of the lot is used and one more parking space is created. Mr. Coughlin stated that the Planning Board had approved the application subject to the approval of the Zoning Board. Mary Carlson, a neighbor and a former member of the Planning Board, stated that she felt the amended plans are a vast improvement over the original plan. Mr. Negrin stated that no further variance was being requested beyond an extension of time. The former variance had been specific to the original plans. On motion of Mr. Gunther, seconded by Mr. Kelleher, with Mr. Negrin agreeing, it was unanimously RESOLVED, that the Zoning Board is the Lead Agency and solely responsible for determining whether the proposed action has 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 SEQR. On motion of Mr. Negrin, seconded by Mr. Gunther, with Mr. Kelleher agreeing, the following resolutions were unanimously adopted: WHEREAS, Midland Equities and Development Corp. has submitted an application to the Building Inspector requesting an extension of time to obtain the required building permit and resubmitted plans and specifications to construct a two story office building with parking; 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 89-73 and with the previous variances granted May 7, 1987 and June 22, 1988 on the premises located at 178 Myrtle Blvd and known on the Tax Assessment Map of the Town of Mamroneck as Block 133 Parcel 627; and WHEREAS, Midland 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 October 26, 1988 Page 16 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 new plans call for a building that requires fewer and smaller variances than originally granted. 2. The variances granted are 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 a variance is hereby granted and that Section 89-73 of the Zoning Ordinance be varied and modified so as to allow the construction of a two story office building with parking on the premises located at 178 Myrtle Blvd and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 627 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. ***** October 26, 1988 Page 17 SUBMISSIONS On motion of Mr. Kelleher, seconded by Mr. Simon, the following requirement for application to the Zoning Board was unaniumously adopted: It shall be a requirement for all applications submitted to the Zoning Board of Appeals that photographs showing the nature of the application shall be submitted at the time of the application. NEXT MEETING Because of Thanksgiving, the next meeting will be held on November 30, 1988. ADJOURNMENT On motion of Mr. Gunther, seconded by Mr. Kelleher, the meeting was adjourned at 12:15 a.m. /6471,,•' #646'd,L Bonnie M. Burdick Recording Secretary