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HomeMy WebLinkAbout1988_09_28 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK RECEIVED SEPTEMBER 28, 1988, IN THE COURTROOM, TOWN OFFICES ERR 3 1989 740 WEST BOSTON POST ROAD PprR���pp,DiCI0CC10 MAMARONECK, NEW YORKppRONECK N.Y. CALL TO ORDER The meeting was called to order by Mr. Kelleher, acting as chairman in Mr. Negrin's absence, at 8:17 PM. ROLL CALL Present: Patrick B. Kelleher, Acting Chairman Thomas E. Gunther Arthur Wexler Absent: Joel Negrin, Chairman J. Rene Simon Also Present: Edward M. Lieberman, Counsel, Zoning Board William E. Jakubowski, Building Inspector Cathy Brady, Court Reporter Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary Mr. Kelleher informed those in the audience that he was acting as chairman in the absence of Mr. Negrin. He stated that the Board was missing one other member. Therefore, for a matter to be granted or denied the members present must agree unanimously. Otherwise the application would be determined to be a non-action and adjourned to the next meeting. Mr. Kelleher stated that any applicant who wished to put over his application could do so. APPLICATION NO. 1 - CASE 868 The Recording Secretary read the application as follows: Application of Dr. & Mrs. David Miles requesting variances from Section 89-31 B(3) to reduce the rear yard from 40.0 ft. required to 25.5 ft. , in an R-20 Zone District, for the proposed construction of a second floor dormer addition and balcony as the balcony fails to meet the rear yard requirements and the dormer addition will increase the extent by which the existing structure fails to meet said requirements on the premises located at 1011 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 265. Dr. Miles presented his application. He stated that the house, built in 1815, pre-dates the Zoning Ordinance. An addition was made in 1968 for which a variance was granted. The proposed addition would be above the 1968 addition. The Miles' land backs up on Saxon Woods Park, and September 28, 1988 -2- the closest neighbors, Mr. and Mrs. Kohlberg, submitted a letter favoring the addition. Dr. Miles stated that he and his wife love their house for its historic quality, and they want the addition to blend in architecturally and to be inobtrusive while achieving the necessary expansion of the master bedroom which is too small. 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 SEQRA. On motion of Mr. Gunther, seconded by Mr. Kelleher, the Board unanimously adopted the following resolutions: WHEREAS, Dr. and Mrs. David Miles have submitted an application to the Building Inspector, together with plans, to construct a second floor dormer addition and balcony with a 25.5 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 89-31 B (3) on the premises located at 1011 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 325 Parcel 265; and WHEREAS, Dr. and Mrs. Miles 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 incursion into the rear yard is the minimum that will satisfy the need for more space in the house. 2. The addition of this balcony is an insignificant structural change. 3. The variance granted is the minimum necessary to alleviate the practical difficulty detailed in the application. September 28, 1988 -3- 4. The granting of the variance is in harmony with the general purposes and intent of the Zoning 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: 1. There shall be strict adherence to the plans submitted to this Board. FURTHER RESOLVED, that a variance is hereby granted and that Section 89-31 B (3) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear dormer and balcony on the premises located at 1011 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 265 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 Code. ***** APPLICATION NO. 2 - CASE 869 The Recording Secretary read the application as follows: Application of Mr. and 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, and from Section 89-31 B (3) to permit the continuance of a detached garage September 28, 1988 -4- other than in the rear third of the lot, 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. Morton Karmel, Richard E. Lanza, attorney, and Mark Musticato, architect, appeared on behalf of the applicaton. Mr. Lanza stated that the Public Notice was incorrect as Mr. Karmel is the sole owner. Mr. Jakubowski had discovered the applicant to be in non-conformance when called to inspect the property for another reason. The variances concern a garage used as a horse trailer and a house, called a cottage, housing two families and containing a kitchen in each unit. However, the cottage had been a garage originally and was shown as such on the only plan for it available in the property's file in the Building Department. This plan is dated 1927. Mr. Lanza maintained that occupancy of the "cottage" structure by a tenant dated back to 1917, thus predating the Zoning Ordinance which went into effect in 1922. Mr. Lanza also stated that the cottage had been continuously occupied since that time. (A legal non-conforming use would be invalidated if a property was not occupied for 90 days or more. ) An apartment for a domestic servant, in this case a groom, which is on the second floor of the cottage had been constructed, without a building permit, in 1953 - after Mr. Karmel owned the property. Neither Mr. Karmel nor Mr. Lanza could produce documents to support the statements concerning tenancy. Apology was made for the construction done without proper permits. Mr. Karmel stated that he understood from the former owner, Mr. Kadel, that there had always been a tenant on the ground floor of the cottage. Mr. Lanza stated that the current tenant is charged $1400 monthly rent and that this income, while useful in paying taxes and upkeep, is not essential. The 'Board decided to divide the application into two separate parts. It first considered the issue of the garage used as a horse trailer. There was no opposition from the neighbors in the audience to the variance for this structure. On motion of Mr. Gunther, seconded by Mr. Wexler, 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. Gunther, the Board unanimously adopted the following resolutions: WHEREAS, Mr. Karmel has submitted an application to the Building Inspector, together with plans, to allow to remain a non-conforming garage; 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 September 28, 1988 -5- Section 89-31 B (3) on the premises located at 1050 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 345 Parcel 1; and WHEREAS, Mr. Karmel 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. Tearing down the garage and reconstructing it in another area would be expensive. 2. 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. 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 89-31 B (3) of the Zoning Ordinance be varied and modified so as to allow to remain a garage located on other than the rear third of the lot on the premises located at 1055 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 345 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 September 28, 1988 -6- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Code There were a number of people in the audience opposed to the granting of the variance for the use of the cottage as a two-family residence. Vincent Monte-Sano, 8 Bruce Road, Janet Schaefer, 1016 Old White Plains Road, Robert Hannes, 2 Bruce Road, and Mrs. Selig, 7 Bruce Road, stated that they were opposed to such use. Mr. Monte-Sano stated that he questioned the statment that the cottage had been in use as living quarters in the 1920's as his wife was a friend of the daughter of the former owner and could remember a different use of the building. The neighbors present were concerned about setting a precendent for multiple family dwellings in their area, as Mr. Karmel's property is six acres and could be developed should it be sold. The Board had concerns, too, and stated that more information was needed before a decision could be made. Cards from the Assessor's office, for instance, might supply information which was lacking in the building file. Mr. Wexler stated that he would vote against the application at the meeting, and, accordingly, a vote could cause a non-action, or a denial. Therefore, the application for a variance concerning the cottage was referred to the next meeting of the Zoning Board. ***** NEXT MEETING The next meeting will be held on October 26, 1988. ***** APPLICATION NO. 3 - CASE 755 The Recording Secretary read the application as follows: Letter of Mr. Edward J. Ferrarone requesting an extension of time for a variance previously granted which permitted a reduction in the number of required parking spaces for an office building from 56 spaces required to 52 spaces on the premises located at 13-19 Madison Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 469. Mr. Ferrarone appeared on behalf of his application. He stated that the time period for a Building Permit had expired. He is now ready to execute his plans for construction and wanted an extension of the usual time period for beginning construction as originally granted. On motion of Mr. Gunther, seconded by Mr. Kelleher, the Board voted unanimously to adopt the following resolutions: WHEREAS, Edward J. Ferrarone has submitted a letter requesting an extension of time for a variance previously September 28, 1988 -7- granted on December 10, 1986 which permitted a reduction in the number of required parking spaces for an office building from 56 spaces required to 52 spaces; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the 6 month period for applying for a Building Permit had expired with particular reference to Section 89-73 of the Zoning Ordinance on the premises located at 13-19 Madison Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 469; and WHEREAS, this Board has re-examined the plans, reviewed the letter 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 original variance had been granted on December 10, 1986. There has been no change in the situation other than the expiration of the time period for application for a building permint as defined in the Ordinance. The Board has no reason to change the decision to grant the original variance. 2. The extension of time to implement the plans subject to the variance is consistent 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. 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 applicant's request is hereby granted and that Section 89-73 of the Zoning Ordinance be varied and modified so as to allow the extension of time allowed for application for a building permit on the premises located at 13-19 Madison Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 469 in strict conformance with the plans filed with original application and any conditions set forth in the resolutions granting the original variance, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is September 28, 1988 R -8- 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 Code ***** OTHER BUSINESS The Board members had received copies of a response from it to the CZMC concerning. the Hory Chevrolet application and also copies of a transcript of that portion of the meeting of July 12, 1988 when Mr. Negrin responded to the CZMC's letter concerning the Kluge application. On motion of Mr. Kelleher, seconded by Mr. Gunther, the Board unanimously approved these responses to the CZMC. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Gunther, the meeting was adjourned at 10:35 PM. Bonnie M. Burdick Recording Secretary