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HomeMy WebLinkAbout1987_12_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK DECEMBER 22, 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 8:17 P.M. ROLL CALL Present: Elaine Price, Chairwoman Thomas E. Gunther Patrick B. Kelleher J. Rene Simon Absent Arthur Wexler Also present: Edward M. Lieberman, Town Counsel Bonnie M. Burdick, Recording Secretary Board member Thomas Gunther left the room during the discussion and decision regarding his application. The Recording Secretary read the application as follows: Application of Mr. Thomas Gunther requesting a variance to allow a five-foot high stockade fence to be erected which would exceed the four-foot height limit allowable pursuant to Article VIII Section 89-44D of the Zoning Ordinance in an R-10 Zone District, on the premises located at 9 Orchard Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 10. Mrs. Gunther appeared on behalf of the application. She explained that when her family had moved into its house about a year ago a delapidated fence existed. Since then one side has disintegrated completely. The proposed fence would be extended an additional 45 feet on the southwest side. Mrs. Gunther, who is expecting a third child, said that her children of seven and three would not be deterred by a fence of less than 5 feet in height. She said that she would install a "good neighbor" fence erecting the finished side towards the neighbors' yards. The Board received three favorable letters from those neighbors most affected. They were made part of the record. December 22, 1987 • On motion by Mrs. Price, seconded by Mr. Kelleher, it was unanimously RESOLVED, that this is a Type II action having no significant impact on the environment therefore requiring no further action under State or local SEQR. Thereafter, on motion by Mr. Simon, seconded by Mr. Kelleher, the following Resolution was unanimously adopted: WHEREAS, Thomas E. Gunther has submitted an application to the Building Inspector, together with plans, to allow the construction of a five-foot high stockade fence which would exceed the four-feet height limit allowable; 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 VIII Section 89-44 D which would exceed the four-foot height allowance on the premises located at 9 Orchard Road and known on the Tax Assessment Map of the Town of 4:: Mamaroneck as Block 219 Parcel 10; and WHEREAS, Mr. Gunther 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. His current fence is unsightly and needs to be replaced; part of it is on the ground. 2. The Gunthers have young children and feel that a four-foot fence would not act as enough of a deterrent to keep them in the yard. 3. The house is near an extremely busy, curving street - Weaver Street - which is unsafe for small children. WHEREAS, this Board has examined the plans, reveiwed 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: IL A. That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstance and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. 4 -2- December 22, 1987 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 VIII Section 89-44 B, 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 1 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 C VIII Section 89-44 B be varied and modified so as to allow the erection of a five-foot fence on the premises located at 9 Orchard Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 10 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, 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. And 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 it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 2. - CASE 819 The Recording Secretary read the application as follows: IL Application of Fort Madison Associates requesting a variance from Article XI Section 89-65 A to permit a reduction in the number of parking spaces available for a residential apartment building by twelve spaces, and from Article VI Section 89-41A - (3) to permit building lot coverage of 29%, where 25% is permitted in a "Business Zone," for a proposed subdivision to separate the restaurant use from the residence apartment use of the premises located at 11 Alden Road (a/k/a 1401-1420 Boston Post Post Road) and known on the Tax Assessment Map of the Town of Mamaroneck as Block 490 Parcel 131 -3- December 22, 1987 Leonard Lichter, 3 Spanish Cove Road, Larchmont, of Fort Madison Associates and Edmund S. Purves, Attorney, appeared on behalf of the application. A large number of residents of the Alden House apartments and residents of nearby streets appeared against the application. Nathan Horowitz, Attorney, represented the Alden House owners' association. Mr. Purves and Mr. Lichter maintained that Fort Madison had written into the prospectus of sale of the apartment house a provision which would allow the subdivision from the apartment house of the restaurant parcel and the 12 adjacent parking spaces within 10 years of the conversion. Currently this part of the property is rented from 11 Alden House Corporation by Fort Madison Associates. Mr Purves and Mr. Lichter stated that the lease specifies that Fort Madison Associates controls the use of these parking spaces. Mr. Lichter said that nine of the twelve spaces are rented to Alden House residents with three held open for future condominium buyers. Mr. Horowitz stated that the issues of the conversion and the restaurant lease were before the Federal Court in White Plains. He had petitioned earlier in the day for a temporary restraining order to cancel the Zoning Board application. Said petition was denied. He refuted the Fort Madison arguments and requested that the application be dismissed on its face. The Board noted that the apartment has for a long time been in non-conformance concerning parking as there are only 40 spaces including the 12 in question. Under current ordinances 119 would be required. 1110 It was the consensus of the Board to adjourn the application as it felt that the information submitted was incomplete and because the applicant was involved in a court proceeding. The Board requested a copy of the prospectus of the conversion and a copy of the lease between Fort Madison and 11 Alden House Corp. It also will request that the Traffic Commission make a study of the parking and traffic situation in the area and that the 0 Police Deaprtment submit information concerning accidents and parking infractions. The Board will also need to study the Fire Code. Despite the probable postponement of a decision, those residents of the apartment house and of the neighborhood chose to express their opinions at the meeting. Concerns were expressed about parking, including parking directly in nearby driveways, traffic and unruly patrons of the restaurant. A copy of a petition directed to the Traffic Commission was presented by Roasalind Rothstein. Said petition will become part of the record as will a letter to the Zoning Board from Paul Stutter. The residents of the apartment learned about the application by chance and 0 asked that future correspondennnce be directed to Robert Bauer, Apt 53, 11 Alden Road. Mr. Horowitz emphasized that the application could be rejected at the meeting because of defects in the application. -4- u...�.cuwcL i_ , 17O/ Mr. Purves explained that the appliction for a subdivision had been started during the summer before the Planning Board and prior to the suit in Federal Court. Mr. Jakubowski noted that the low number of parking spaces for both the apartment house and the restaurant were legally non-conforming. On motion by Elaine Price, seconded by Mr. Kelleher, this application was unanimously adjourned without date. APPLICATION NO. 3. - CASE 819 The Recording Secretary read the application as follows: Application of S.J. and C.J. Ronald requesting a variance from Article VI Section 89-35 B (2) (A) to reduce the side yard from 8.0 feet required to 6.0 feet in an R-7 Zone District to permit the replacement of an existing deck on the premises located at 21 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 571. Mr. and Mrs. Ronald appeared in support of the application. They said that when they bought their house six years ago there was an existing deck 41110., with footings as the house is on a slope. This deck now needs to be replaced, and the Ronald's discovered that to replace the deck in nearly the same way as originally built would not be in conformance with the current Zoning law. Their house in non-conforming also. Mrs. Ronald presented a favorable letter from William and Vivian Cord of 385 Weaver Street who are the most affected by the deck. This letter wil become part of the record. On motion by Mrs. Price, seconded by Mr. Simon, it was unanimously RESOLVED, that this is an action having no significant impact on the environment, consequently an EIS is not required under State or local law. Thereafter, on motion by Mr. Kelleher, seconded by Mr. Gunther the following resolution was unanimously adopted: WHEREAS, Mr. and Mrs. Ronald submitted an application to the Building Inspector, together with plans, to erect a structure, namely a deck; and -5- December 22, 1987 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 89-35 B (2) (a) on the premises located at 21 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 571; and WHEREAS, Mr. and Mrs. Ronald submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. This deck is replacing one that is currently non-conforming. 2. A smaller deck would be impracticable. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this applicaiton 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: 1. That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-35 B (2) (A) 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 Article eil► VI, Section 89-35 B (2) (a) be varied and modified so as to allow the erection of a deck on the premises located at 21 Senate Place and known on the Tax Assessment Map of the Town of -6- December 22, 1987 1111 Mamaroneck as Block 112 Parcel 571 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 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 820 The Recording Secretary read the application as follows: illy Application of David Spira and Shan Price requesting a variance from Article VI Section 89-30 B (1) to reduce the front yard setback from 50.0 feet required to 34.30 feet in an R-50 Zone District for the proposed construction of a two-story addition with basement on the premises located at 206 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 416 Parcels 112 & 136. 4 David Spira and Karen Bausman, Architect, appeared in support of the application. They explained that the design of the addition to the house, which is located on a lot which has a steep terrain and which backs up to the marsh on Little Harbor Sound required much thought I and that the plan presented to the Board worked the best for the use of the space in the existing house and for economic reasons. The Board, Mr. Kelleher in particular, questioned Mr. Spira's plan to immediately remodel in a way that was so far from the Zoning Ordinance. Mr. Spira claimed that he had not known that such 1 remodeling would be illegal at the time of the purchase of the house and that he wanted to preserve as much open space on the lot as possible. I. The Board was uncomfortable with the plan as originally presented particularly the one for the ground floor but agreed after lengthy discussion to accept an amended plan which would define the setback as the extension of the plane of the existing garage which generally 0 would be 34.30 feet. (The curve of the property could change this number slightly.) The plans for the dormers on the second floor were acceptable to the Board. -7- December 22, 1987 i. 1111, Therefore, on motion by Mrs. Price, seconded by Mr. Simon, the Board unanimously adopted the following Resolution: RESOLVED,that this is a Type I action which may have a significant impact on the environment and it is FURTHER RESOLVED, that said impact will be mitigated by the , following measures: 1. Two dry wells will be constructed on the property. 2. The concrete patio will be replaced by flagstones in sand on a gravel bed to improve storm water retention. 3. Hay bales will be installed during construction; and it is FURTHER RESOLVED, that these mitigating measures will be signed off by the Town Consulting Engineer, Gary Trachtman. Thereafter, on motion by Mr. Simon, seconded by Mr. Kelleher, the following Resolution was unanimously adopted: Cr WHEREAS, David Spira and Shan Price submitted an application to the Building Inspector, together with plans, to allow the construction of an addition which would reduce the front yard setback from 50.0 feet to 34.30 feet; 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 Mamaroenck with particular reference to Article VI Section 89-30 B (1) on the premises located at 206 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 417 Parcels 112 and 136; and 4 WHEREAS, Mr. Spira and Ms. Price have submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessry hardship for the following reasons: 1. The terrain slopes and the owners wish to keep the house small in relation to the size of the lot. 2. The plans for the house make the best use of the existing space and are the most economical solution for an addition. WHEREAS, this Board has examined the plans, reviewed the II application and has heard all persons interested in this (1w. application after publication of a notice thereof, ill -8- December 22, 1987 II; 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 or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-30- B (1) 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 adjustment 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 C. That the front of the house extend the plane of the existing garage and does not project further into the front yard; D. That the possible negative impact on the environment will be mitigated by the following measures: 1. Two dry wells will be constructed on the property. 2. The concrete patio will be replace by flagstones in sand on a gravel bed to improve storm water retention. 3. Hay bales will be installed during construction; and it is kir FURTHER RESOLVED, that these mitigating measures will be supervised by the Building Inspector and signed off by the Consulting Engineer to the Town, Gary Trachtman; and it is -9- t December 22, 1987 L FURTHER RESOLVED, that a variance is hereby granted that Article VI Section 89-30 B (1) be varied and modified so as to allow the construction of an addition to the dwelling which will reduce the required front yard setback from 50 feet to 34.30 feet on the premises located at 206 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 416 Parcels 112 and 136; and in strict conformance with plans filed with this application, provided 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. APPROVAL OF MINUTES C On motion of Mrs. Price, seconded by Mr. Gunther, the minutes of the meeting of November 24, 1987 were approved unanimously. NEXT MEETING The next regularly scheduled meeting of the Board will be held on January 27, 1988. ADJOURNMENT On motion of Mrs. Price, seconded by Mr. Kelleher, the meeting was adjourned at 10:58 P.M. . kc h,. letA-166-e2 Bonnie M. Burdick, Recording Secretary I IL II -10-