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HomeMy WebLinkAbout1987_08_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ‘1, ZaNING BOARD OF THE TOWN OF MAMARONECK AUGUST 26, 1987, IN THE SENIOR CENTER, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Chairwoman Price at 8:19 P.M. ROLL CALL Present Elaine Price, Chairwoman Thomas Gunther Patrick B. Kelleher J. Rene Simon Absent: Arthur Wexler Also Present: William E. Jakubowski, Town Building Inspector Joseph Jacoby, Public Stenographer J & L Reporting Service 180 East Post Road White Plains, New York Bonnie M. Burdick, Recording Secretary APPLICATION NO. 1 - CASE 799 The Recording Secretary read the application as follows: Application of Katherine & Stephen McCurdy requesting a variance from Article VI Section 89-33B (2) and (a) of the Zoning Ordinance to allow an existing deck having a side yard of 9.83 feet where 10.0 feet is required in an R-10 District on the premises located at 167 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 364. Mr. and Mrs. McCurdy appeared in support of their application. They explained that the non-conforming deck has been in existence 13 years and prior to their purchase of the house. They wanted to obtain a Certificate of Occupancy for the deck as banks are not granting mortgages as readily to non-conforming structures as in the past. Mr. McCurdy stated that his neighbors seemed to have no problem with the application. The house is for sale. The Board found no objection to approving the variance. On motion by Mrs. Price, seconded by Mr. Simon, it was unanimously RESOLVED, that this is a Type II Action which has no significant impact on the environment as determined by New York State Department of Environmental Conservation 41111, or corresponding local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Simon, seconded by Mr. Gunther, the following resolution was adopted unanimously: WHEREAS, Katherine and Stephen McCurdy submitted an application to the Building Inspector, together with plans, to allow an existing structure, namely a deck, to remain as it presently exists; and WHEREAS, the Building Inspector has refused 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 Article VI Section 89-33 Subsection B (2) and (a) on the premises located at 167 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 364; and WHEREAS, Katherine and Stephen McCurdy have submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the followi.ng reason: Applicants wish to sell the property which is is non-conforming as a deck was added prior to the time that they acquired the property. 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 hereby grants the application on the following grounds; A. That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicants subsequent to the date of the Zoning Regulations appealed from. B. That the said circumstances and/or conditions are as follows: 1. That said circumstances are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-33 B (2) and (a) would deprive the applicants of the reasonable use of the land and/or building and that the variance as -2- granted by this Board is a minimal adjustment that will accomplish this purpose. 2. That the granting of the variance is in harmony with the general purpose and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 3. The proposed request is a moderate one; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Subsection B (2) and (a) of the Zoning Ordinance be varied and modified. so as to allow to remain an existing side deck as it presently exists on the premises located at 167 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 364 in strict conform- ance with plans filed with this application, 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 in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted, the applicants shall obtaina building permit within six months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within one year and completed within two years of the date of said permit; and be it FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 2 - CASE 800 The Recording Secretary read the application as follows: Application of Mark Chin requesting a variance to increase to 6 feet from the 4 feet height allowiance required pursuant to Article VIII Section 89-44D for the proposed erection of a 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. 41 Mr. Chin appeared in support of his application. He stated that he would like to replace his currently unattractive fence with a higher one that would be safer for his young son and would be a better noise barrier. The property backs up on the Metro North Railroad tracks. 64 C -3- i /. ____ • The Board found no objection to the application. On motion by Mrs. Price, seconded by Mr. Gunther, it was unanimously RESOLVED, that this is a Type II Action which has no significant impact on the environment as determined by New York State Department of Environmental Conservation or corresponding local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Kelleher, seconded by Mr. Simon, the following resolution was unanimously adopted:. WHEREAS, Mark Chin submitted an application to the Building Inspector together with plans, to allow the erection of a six foot fence; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning li Ordinace of the Town of Mamaroneck with particular reference to Article VIII Section 89-44 B which would exceed the four foot height allowance at the premises located at 26 Blossom Terrace and known 1 C on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 410;and WHEREAS, Mr. Chin has submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. He was concerned for the safety of his young son. A small child would not be able to climb over a six-foot fence. 2. A fence would reduce noise from the Metro North Railroad tracks which border his rear property line. 3. The railroad tracks are very dangerous. 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 hereby grants the application 0 C on the following grounds: -4- -0 A. That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. B. That the said circumstances and/or conditions are as follows: 1. That said circumstances or conditions are such that the particular application of the Zoning Ordinance, with respect to Article VIII Section 89-44D would deprive the applicant of the reasonable use of the land and/or building and that the variance granted by this Board is a minimal adjustment that will accomplish this purpose. 2. That the proposed application is a moderate request. 3. That 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 ‘411ir public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VIII Section 89-44D be varied and modified so as to allow the erection of a six 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 com- plies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that in accordance with the rules and regulations of the Zoning Ordinance, when a variance is granted, the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk. Arid the building permit shall be void if construction is not started within one year and completed 41111 within two years of the 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. ***** 40 (iv -5- riPIP APPLICATION NO. 3 - CASE 801 The Recording Secretary read the application as follows: Application of Iwao Tatechi requesting a variance to allow an existing deck, having a side yard of 2.81 feet where 8.0 feet is required pursuant to Article VI Section 89-35 B (2) and (a) , and having a rear yard of 11.88 feet where 25.0 feet is required pursuant to Article VI Section 89-35 B (3) in an R-6 District on the premises located at 12 Harmony Drive and known on the Tax Assessment map of the Town of Mamaroneck as Block 409 Parcel 414. Hunter Meighan, Attorney, appeared on behalf of Mr. Tatechi. He explained that Mr. Tatechi had bought his house in 1981 with a non-conforming deck. Mr. Tatechi had not known of the non-conformance until he tried to sell the house this year. The deck was built in 1945. The deck had been repaired, and the original deck was extended into the side yard. Also, an addition to the deck of 6 feet was made into the front yard. At the time the repairs were made, Mr. Tatechi hired a local builder who did not inform Mr. Tatechi of the local Zoning Ordinance. Mr. Meighan presented a petition in favor of the variance 4110 signed by nineteen neighbors including those on either side of the Tatechi house. Mr. and Mrs. Bernard Axler, residents of 5 Harmoney Drive for 30 years, appeared before the Board and stated that they would have no objection to the deck as it exists. The Board found no objection to approving the variance. On motion by Mrs. Price, seconded by Mr. Simon, it was unanimously RESOLVED, that this is a Type II Action which has no significant impact on the environment as determined by New York State Department of Environmental Conservation or corresponding local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Gunther, seconded by Mr. Kelleher, the following resolution was adopted: WHEREAS, Iwao Tatechi submitted an application to the Building Inspector, together with plans, to allow an existing structure, namely a deck, to remain as it presently exists; and (ho -6- WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with partic- ular reference to Article VI Section 89-35 B (2) and (a) , on the premises located at 12 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 414; and WHEREAS, Iwao Tatechi has submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. Applicant wishes to sell the property which is non-conforming as a deck was added prior to the time that he acquired the property. 2. Applicant is a citizen of a foreign country and relied upon a local builder when repairing and adding ona coot to" the: side of said deck. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice 4110 thereof: NOW, THEREFORE, BE IT RESOLVED, that this Board hereby grants the application on the following grounds: A. That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. B. That the said circumstances and/or conditions are as follows: 1. That said circumstances are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-35 B (2) and (a) would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. 111;i -7- ® 2. That the granting of the variance is in harmony with the general purpose and intent of this Ordinance and will not be injurious to the public welfare. 3. The propsed request is a moderate one; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-3.5 Subsection B (2) and (a) of the Zoning Ordinance be varied and modified so as to allow to remain an existing side deck as it presently exists on the premises located at 12 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 414 in strict conformance with plans filed with this application, 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 in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted, the applicants shall obtain a building permit within six months of the filing II) of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within one year and completed within two years of the date of said permit; and be it FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 4 - CASE 802 The Recording Secretary read the application as follows Application of Kevin and Maria Noonan requeating a variance from Article VI Section 89-34 B (2) and (a) to reduce the side yards to 6.6 feet, 6. 1 feet and 7.5 feet where 10 feet is required and to reduce the total side yard width to 12.70 : . feet and 14.35 feet where 20 feet is required pursuant to Article VI Section 89-34 B (2) and (b) in an R-7.5 District, for the proposed construction of a three-level deck, on the ID -8- i premises located at 106 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Parcel 16. Richard Horsman, Lancscape Architect and Site Planner, appeared on behalf of Mr. Noonan. He explained that the house had an unusable back yard as much of the yard is composed of ledge rock. There is a marked slope to the property as well. Mr. Horsman presented plans for a three-level wooden deck, the major portion of which would be 7 inches from the ground. The Board questioned Mr. Horsman and Mr. Noonan at length about the yard, the plans, and the landscaping. The Board felt that the deck was very large until Mr. Jakubowski made a comment. He pointed out that were the deck to be built 6 inches off the ground instead of 7 inches Supplementary Regulation 89-44A of the Zoning Board would permit it to be 5 feet off the property line and not counted at all in the total yard space. On motion by Mrs. Price, seconded by Mr. Simon, it was unanimously RESOLVED, that this is a Type II Action which has no significant impact on the environment as determined by New York State Department of Environmental Conservation . 1111 or corresponding local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Gunther, seconded by Mr. Simon, the following resolution was unanimously adopted: WHEREAS, Kevin and Maria Noonan submitted an application to the Building Inspector, together with plans, to allow the construction of a three-tier wood deck at rear of dwelling; and WHEREAS, the Building Inspector has refused 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 Article VI Section 89-34 B (2) and (a) , on the premises located at 106 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Parcel 16; and WHEREAS, Mr. and Mrs. Noonan have submitted an application for a variance to this Board on the grounds of practical difficulty and/or unecessary hardship for the following reasons: 1. The rear yard is unusable as it is because the land slopes and two-thirds of the property consists of ledge rock. 1111 -9- 2. The nature of the grade of the property prohibits types of building material other than wood. 3. The narrow existing side yards require labor-intensive hand-carrying of building materials. Therefore, wood is the only economically feasible material for this construction. 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 hereby grants the application on the following grounds: A. That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicants subsequent to the date of the Zoning Regulations appealed from. B. That the said circumstances and/or conditions are as follows: 1. That said circumstances are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-34B(2) and (a) would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. 2. That the granting of the variance is in harmony with the general purpose and intent of this Ordinance and will not be injurious to the public welfare. 3. The proposed request is a moderate one; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Subsection B (2) and (a) of the 4E-p, Zoning Ordinance be varied and modified so as to allow -10- 1 ‘r, the construction of a three-tier wood deck at the rear of dwelling on the premises located at 106 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Parcel 16 in strict conformance with plans filed with this application, 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 in accordance with the Rules and Regulations of the Zoning Ordinance where a variance.'_ts granted, the applicants shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within one year and completed within two years of the date of said permit; and be it FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 5 - CASE 803 The Recording Secretary read the application as follows: Application of Aleksandra Rumble requesting a variance from Article VI Section 89-33 B (2) and (a) to reduce the side yard to 8. 1 feet where 10.0 feet is required in an R-10 District, for the proposed construction of an addition, on the premises located at 368 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 289. Mr. and Mrs. Rumble appeared in support of the application. They explained that their house is a small one on a big heavily wooded lot. Currently, the front door is barricaded. The proposed plan would provide access to the front door and add an entry hall and sitting room in the only place that the sun reaches. The house, built in 1924, has a pre-existing violation. The Board found no objection to this application. On motion by Mrs. Price, seconded by Mr. Gunther, it was unanimously RESOLVED, that this is a Type II Action which has no significant impact on the environment as determined -11- r ® by New York State Department of Environmental Conservation or corresponding local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Gunther, seconded by Mr. Simon, the following resolution was unanimously adopted: WHEREAS, Aleksandra Rumble has submitted an application to the Building Inspector, together with plans, to allow the construction of an addition which would reduce the required side yard setback of 10 feet to 8.1 feet; and WHEREAS, the Building Inspector has refused 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 Article VI Section 89-33 B (2) and (a) on the premises located at 368 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 289; and WHEREAS, Mrs. Rumble has submitted an application for a variance to this: Board on the grounds-of practical-diff- iculty and/or unnecessary hardship for the following reasons: C1. The proposed addition would add more livable space to a small house on a large lot. 2. The lot is heavily wooded. This addition would be placed in the only part of the house reached by the sun. 3. The plan would allow use of the front door which is presently barricaded. 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 hereby grants the application on the following grounds: A. That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any (Iliv -12- r • acts of the applicant subsequent to the date of the Zoning Regulations appealed from. B. That the said circumstances and/or conditions are as follows: 1. That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-33 B (2) and (a) would deprive the applicant of the reasonable use of the land and/or building and the variance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. 2. That 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. 3. The proposed addition is a moderate request; and it is 416, FURTHER RESOLVED, that a variance is hereby granted that Article Vi Section 89-33 B (2) and (a) be varied and modified so as to allow the construction of an addition to the dwelling which will reduce the required side yard setback from 10 feet to 8.1 feet on the premises located at 368 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 289; and in strict conformance with 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 FURTTER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted, the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within one year and completed within two years of the date of said permit; and be it FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** 411/ -13- SCHEDULING Since the next regularly scheduled meeting of September 23, 1987 falls on the eve of Rosh Hashanah, the Board decided to meet September 30, 1987. ADJOURNMENT There being no further business to come before the meeting, on motion by Mr. Kelleher, seconded by Mrs. Price, and unanimously adopted; the meeting was adjourned at 9:30 P.M. Bonnie M. Burdick Recording Secretary -14-