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HomeMy WebLinkAbout1986_08_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK AUGUST 27, 1986, IN THE COURTROOM, TOWN OFFICES 740 WEST BC I'ON POST ROAD, MAMARONECK, NEW YORK CALL TO ORDER The Chairwoman called the meeting to order at 8:14 P.M. ROLL CALL Present: Mrs. Elaine Price, Chairwoman Mr. Patrick Kelleher Mr. J. Rene Simon Mr. Arthur Wexler Mr. Thomas Gunther Also Present: Mr. Lee A. Hoffman, Jr., Town Counsel Mr. William Paonessa, Building Inspector Ms. Jean A. Marra, Recording Secretary Public Stenographer from: J & L Reporting Service, Inc. 180 East Post Road White Plains, New York APPROVAL OF THE MINUTES On motion by Mrs. Price, seconded by Mr. Simon, the minutes of June 25, 1986 were unanimously approved. On motion by Mrs. Price, seconded by Mr. Simon, the minutes of May 28, 1986 were unanimously approved. On motion by Mr. Simon, seconded by Mr. Wexler, the minutes of April 30, 1986 were unanimously approved. SCHEDULING The Chairwoman stated the next meeting of the Zoning Board of Appeals would be held on September 24, 1986. August 27, 1986 APPLICATION NO. 1 - CASE 748 The Recording Secretary read the application as • follows: Application of Dr. & Mrs. M. Freilich for modification of Article VI Section 89-34 Subsection B (2) (a) "Con- ; struction Requirements for R-7.5 One Family District" which requires a minimum side yard of 10 feet to allow • the construction of a One (1) Story Addition to the side of dwelling which will maintain nonconforming side • yard of 7.0 feet on the premises located at 1 Glen Eagles Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. The architect, John Cotugno of 15 Claremont Road, Scarsdale, New York, presented the application and after several questions from the Board, Mrs. Price moved that this be considered a Type II Action requiring no further environmental review. Mr. Simon seconded the motion and it was unanimously approved by the Board. Thereafter, on motion of Mr. Gunther to approve the application, seconded by Mrs. Price, with Mr. Wexler and Mr. Simon abstaining and Mr. Kelleher voting nay, the Chairwoman declared this a no action and placed it on the agenda for the September 24th meeting. When questioned why he abstained, Mr. Wexler replied that it was due to the configuration of the plans, the disparity of materials to be used, the predominance of stone and no appearance by the applicants or their neighbors in support of the application. When Mr. Simon was questioned by the Chairwoman as to his abstention, he replied that he would like to see the sketch re-presented by the applicants and have those in favor of the application present. - 2 - August 27, 1986 APPLICATION NO. 2 - CASE NO. 749 The Recording Secretary read the application as follows: Application of Mr. & Mrs. John Cotturone for modifi- cation of Article VI Section 89-33 Subsection B (3) "Construction Requirements for R-10 One Family Resi- dence District" which requires a minimum rear yard of 25 feet to allow the construction of a Second Story Addition at the northerly side and rear of dwelling which will maintain existing nonconforming rear yard setback of 9.85 feet on the premises located at 415 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 719, on the grounds of practical difficulty and/or unnecessary hardship. The Public Stenographer recorded this case, and his report will become a permanent part of this record. Joseph Notaro, Esq., and the applicants appeared in support of their application and Mr. Notaro stated that the majority of bulk in the previously submitted plans had been eliminated. MS. Agnes Cignorelli, Mr. Bruce Kaplan and Mr. Harry Weinman, residents of the Town, appeared in support of the application and a letter in favor of the appli- cation from Anne J. Kaplan, of 419 Weaver Street, was read by the Chairwoman. Ms. Susan Levitt, 280 Murray Avenue and Mr. Steven Rago, 274 Murray Avenue, appeared in opposition to the application and Mr. Rago then submitted a letter in opposition to the revised plans signed by the residents of 274, 280, 272, 295 and 293 Murray Avenue, 700 Forest Avenue and 7 East Drive. Mr. Robert Wassman, 15 Campbell Lane, appeared and stated that he had some concerns with the application to which Attorney Hoffman responded that the issue of hardship and practical difficulty should be addressed and Mr. Nbtaro stated that the parcel is an irregularly shaped, multi-level lot and that the present home is extremely small and that necessitates the addition. - 3 - August 27, 1986 • At this time, Mrs. Price moved that this be considered a Type II Action requiring no further environmental review. Mr. Simon seconded the motion and it was unanimously approved by the Board. Thereafter, Mrs. Price moved the approval of the Cotturone application, Mr. Kelleher seconded the motion, and the Board unanimously approved the following resolution: WHEREAS, Mr. and Mrs. Cotturone submitted an application to the Building Inspector to allow the construction of a second story addition at northerly side of dwelling having an existing nonconforming rear yard setback of 9.85 feet, together with plans; 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 (3) "Construction Requirements for R-10 One Family Residence District" which requires a minimum rear yard setback of 25 ft. on the premises located at 415 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 719; and WHEREAS, Mr. and Mrs. Cotturone have submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. The present home has only one bathroom and two bedrooms. 2. The home is too small to accommodate out-of-town family members when they visit. 3. Strict compliance with the Zoning Ordinance would limit the proposed addition due to the topography of the land. 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: - 4 August 27, 1986 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 VI Section 89-33 Subsection B (3) "Construction Requirements for an R-10 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board will accomplish this purpose. 2. That the proposed addition, as presented, is a moderate request and would not create an adverse impact on any particular home, especially the Levitt home. 3. That due the steep, narrow, irregular configuration of the land, it is the only feasible location for the addition. 4. That the applicant's plan has been modified so as to substantially reduce the impact on the Levitt's home, and unnecessary hardship would result if the Cotturones were not able to receive the variance sought. • 5. 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. FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Subsection B (3) "Con- struction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of a Second Story Addition at the northly side and rear of dwelling which will maintain existing nonconforming rear yard setback of 9.85 feet instead of the required setback of 25 feet on the premises located at 415 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 719 in strict conformance with the plans filed with this application, provided that the applicant complies in all other respects with the Z oning Ordinance and Building Code of the Town of Mamaroneck; and it is - 5 - August 27, 1986 FURTHER 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 at least 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. 3 - CASE 750 The Recording Secretary read the application as follows: Application of Mr. & Mrs. James Gross for modification of Article VI Section 89-32 Subsection B (1) and B (3) "Construction Requirements for R-15 One Family District which requires a minimum front yard setback of 40 feet and a minimum rear yard setback of 25 feet to allow the construction of a Front Entry Addition having a 30 ± foot setback from Dundee Road and also to allow the construction of a Two-Car Garage at rear of dwelling having a rear yard setback of 20 ± feet on the premises located at 2 Dundee Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 208 Parcel 741 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Jim Gross appeared in support of the application and Mrs. Jean Elliott of Dundee Road appeared in favor of the proposal. There being no further questions or comments, Mrs. Price moved that this be considered a Type II Action requiring no further environmental review under state or local law. Mr. Simon seconded the motion and it was unanimously approved by the Board. Thereafter, on motion of Mr. Wexler, seconded by Mr. Gunther, the Board unanimously adopted the following resolution: - 6 - Ir August 27, 1986 • WHEREAS, Mr. & Mrs. Gross submitted an application to the Building Inspector to allow the construction of a Front Entry Addition having a 30± foot front yard setback and to allow the construction of a Two-Car Garage at rear of dwelling having a rear yard setback of 20± feet, together with plans; 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 89-32, Subsection B (1) and B (3) "Construction Requirements for R-15 One Family Residence District" which requires a minimum front yard setback of 40 feet and a minimum rear yard setback of 25 feet on the premises located at 2 Dundee Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 741; and WHEREAS, Mr. & Mrs. Gross submitted an application for • a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. That the proposed front entry will improve the architectural importance of the new addition. 2. That due to existing granite conditions of the land and relative access to the street, the garage must be placed in a specific location. 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 applicant subsequent to the date of the Zoning Regulations appealed from. b. That the said circumstances and/or conditions are as follows: - 7 C August 27, 1986 1. That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-32 Subsection B (1) and B (3) "Construction Requirements for an R-15 One Family Residence District" would deprive the applicant of the reasonable use of the land • and/or building and that the variance as granted by this Board will accomplish this purpose. 2. That the proposed addition 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 public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-32 Subsection B (1) and B (3) "Construction Requirements for an R-15 One Family Residence District" be varied and modified so as to allow the construction of a front entry which requires a front yard setback of 40 feet instead of the proposed 30± foot front yard setback and also the construction of a two-car garage which will have a rear yard setback of 20± feet instead of the required setback of 25 feet on the premises located at 2 Dundee Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 741 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 FURTHER 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. - 8 - August 27, 1986 C APPLICATION NO. 4 - CASE 751 The Recording Secretary read the application as follows: Application of Mr. Albert Codino for modification of Article VI Section 89-34 Subsection B (2) (c) "Con- struction Requirements for R-7.5 One Family District" which requires a minimum side yard setback of 10 feet unless accessory structure is located on rear one-third of lot to allow the construction of a TWo-Car Residen- tial Garage located in front two-thirds of lot having a minimum side yard setback of 3.28 feet on the premises located at 75 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 276 on the grounds of practical difficulty and/or unnecessary hardship. The builder, Steve Chiapparelli, of 408 Rushmore Avenue, Mamaroneck, appeared in support of the application and after several questions from the Board, it was noted that the plans were inadequate and the applicant was requested to submit the following: 1. Locate the proposed garage on the plot plan. 2. Produce survey which indicates front yard setback with relation to the proposed structure. 3. Turn proposed structure slightly at an angle. 4. Position proposed structure further away from side lot line. 5. Supply additional information with respect to the application. 6. File supplemental plans with application. 7. Indicate dimensions of proposed concrete area in yard. 8. Applicant should decide how he wished to proceed and what type of application he wishes the Board to proceed with. At this time, Mr. Chiapparelli requested that the matter be adjourned until the September meeting in order to clarify certain items. fftpf The Chairwoman stated that the Board would comply with this request and declared the matter adjourned until the September meeting. - 9 - August 27, 1986 At this time, Attorney Hoffman stated that William Paonessa, Town Building Inspector, would be retiring shortly. Mr. Hoffman then extended his sincere thanks to Mr. Paonessa for the tremendous education he received from him and thanked him for a job well done. The Chairwoman and Board members extended their thanks and appreciation to a fine gentlemen and a good friend who guided them with his expert hands through many, many difficult situations. They concluded by wishing Mr. Paonessa well and then inquired if he would be in attendance at the next Zoning Board meeting -- to which Mr. Paonessa did not reply... ! ADJOURNMENT There being no further business to come before the Board, Mrs. Price moved to adjourn. Mr. Simon seconded the motion, and the meeting was unanimously adjourned at 9:45 P.M. Jean A. Marra Recording Secretary - 10 -