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HomeMy WebLinkAbout1986_06_25 Zoning Board of Appeals Minutes1 ` MINUTES OF A REGULAR MEETING OF THE 0 Z ONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK JUNE 25, 1986, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by the Chairwoman at 8:15 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. Stephen Altieri, Town Administrator Mr. Lee Hoffman, 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 Mrs. Price stated that the minutes of the March, April and May, 1986 meetings are being reviewed by Steven Silverberg, Counsel to the Town, and he is away on vacation. SCHEDULING The Chairwoman stated the next meeting of the Zoning Board of Appeals would be on July 23, 1986. PROCEDURE Mrs. Price stated that each Board member was present and then proceeded to introduce the newest member of the Board, Mr. Thomas Gunther, who she stated has a financial background, and that his expertise will be a welcome asset to the Board. June 25, 1986 APPLICATION NO. 1 - CASE 708 Mrs. Price stated that this matter would be postponed without date pending the outcome of litigation in the courts. APPLICATION NO. 6 - CASE NO. 737 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Cotturone for modification of Article VI Section 89-33 Subsection B (3) "Con- struction Requirements for R-10 One Family Residence District" which requires a minimum rear yard of 25 feet to allow the construction of a second story addition at northerly side of dwelling which will maintain existing non-conforming 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. Mrs. Price moved to deny the application, Mr. Simon seconded the motion with Mr. Gunther in agreement, and the 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 as existing non-conforming rear yard setback of 9.85 ft. , 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: - 2 - June 25, 1986 1. That due to layout of the home, the proposed location is the only practical one for the addition. 2. The present home is extremely small having only two bedrooms and one bathroom. 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 denies the application on the following grounds: 1. The case, as presented, did not contain enough information to indicate an unnecessary hardship and/or practical difficulty to mitigate an impact on any home, especially the Levitt home. 2. The applicants failed to show that an addition to the dwelling could not be located in another area. 3. That the practical difficulties and/or unnecessary hardships applying to the land for which the variance is sought have not been established. 4. That said circumstances or conditions are not 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. 5. That the granting of the variance is not in harmony with the general purposes and intent of this Ordinance and would be injurious to the neighborhood or otherwise detrimental to the public welfare; 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 738 The Recording Secretary read the application as follows: Application of Mrs. Laura Falb for modification of Article VI Section 89-21, Subsection A (1) "Permitted Principal Uses in an R-6 One Family Residence District" to allow the alterations to a one family residence to - 3 June 25, 1986 convert principal use of dwelling for Two Family use and for modification of Article XI Section 89-66 A "Off-Street Parking Requirements" which requires one (1) off-street parking space per dwelling unit, having no off-street parking facilities on the property on the premises located at 7 Locust Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 153 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. Mrs. Price moved that this be considered a Type II action requiring no further environmental review. Mr. Gunther seconded the motion and it was unanimously approved by the Board. Mr. Kelleher moved to deny the Falb application, Mr. Simon seconded the motion and the Board unanimously approved the following resolution: WHEREAS, Mrs. Falb submitted an application to the Building Inspector to allow alterations to a one- family residence to convert principal use of dwelling to a two-family use, 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 89-21, Subsection A (1) "Permitted Principal Uses in an R-6 One Family Residence District" and for modification of Article XI Section 89-66 A "Off-Street Parking Requirements" on the premises located at 7 Locust Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 153; and WHEREAS, Mrs. Falb submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. To allow the conversion of a one-family home by adding a second dwelling unit in basement. 2. To legalize an existing condition. 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 - 4 - June 25, 1986 RESOLVED, that this Board hereby denies the application on the following grounds: 1. The case, as presented, did not contain sufficient information to indicate an unnecessary hardship and/or practical difficulty. 2. The applicant failed to show that an additional parking space could not be located in another area. 3. That the practical difficulties and/or unnecessary hardships applying to the land for which the variance is sought have not been established. 4. That said circumstances or conditions are not such that the particular application of the Zoning Ordinance, with respect to Article VI Section 89-21 Subsection A (1) and to Article XI Section 89-66 A, would deprive the applicant of the reasonable use of the land. 5. That the granting of the variance is not in harmony with the general purposes and intent of this Ordinance and would be injurious to the neighborhood or otherwise detrimental to the public welfare; 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 739 The Recording Secretary read the application as follows: Application of Mrs. Marla Frankel for modification of Article VI Section 89-32 Subsection B (3) "Construction Requirements for R-15 One Family Residence District" which requires a minimum rear yard of 25 ft. to allow the construction of a rear porch and entry which will maintain existing nonconforming rear yard setback of 13.76 ft. on the premises located at 5 Sackett Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Parcel 312 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Frankel, together with their architect, Mr. Edward Jacobson, appeared and stated that they wished to renovate their kitchen and construct a new rear porch and entry. - 5 - June 25, 1986 Firs. Frankel presented a letter to the Board signed by the residents of 2, 4 and 7 Sackett Circle wherein it was stated they had no objections to the Frankels' plans. There being no comments either for or against this application, Mrs. Price moved that this be considered a Type II Action requiring no further environmental review. Mr. Kelleher seconded the motion and it was unanimously approved by the Board. Mr. Simon moved that the application of Mrs. Frankel be approved. Mrs. Price seconded the motion and the Board unanimously approved the following resolution: WHEREAS, Mrs. Marla Frankel submitted an application to the Building Inspector to allow the construction of a rear porch and entry which will maintain existing nonconforming rear yard setback of 13.76 ft., 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 (3) "Construction Requirements for R-15 One Family Residence District" which requires a minimum rear yard setback of 25 ft. on the premises located at 5 Sackett Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Parcel 312; and WHEREAS, Mrs. Frankel 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 present kitchen is small and outdated and she wished to remodel it. 2. The proposed rear-entry porch would be off the newly remodeled kitchen. 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: - 6 - June 25, 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 Z oning Ordinance with respect to Article VI Section 89-32 Subsection 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(3) "Construction Requirements for an R-15 One Family Residence District" be varied and modified so as to allow the construction of a rear-entry porch which will maintain existing nonconforming rear yard setback of 13.76 ft. instead of the required 25 ft. on the premises located at 5 Sackett Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Parcel 312 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 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. - 7 June 25, 1986 NO. 5 - CASE 740 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Richard Leahy for modification of Article VI Section 89-33 Subsection B (2) (a) and B (3) "Construction Requirements for R-10 • One Family Residence District" which requires a minimum side yard of 10 feet and a minimum rear yard of 25 feet to allow the construction of a wood deck at northwest side of dwelling which will maintain existing nonconforming side yard setback of 0.1 feet and existing nonconforming rear yard setback of 15± feet on the premises located at 8 South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 238, on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Leahy appeared and stated that she had spoken with her neighbors and that they have no objections to the proposal. She added that due to the elevation of the property and the rock formation on it, the proposed deck would be stepped. There being no comments or questions either for or against this application, Mr. Kelleher moved that this be considered a Type II action requiring no further environmental review. Mrs. Price seconded the motion and it was unanimously approved by the Board. Mr. Kelleher moved that the application of Mr. and Mrs. Leahy to construct a deck be approved. Mrs. Price seconded the motion and the Board unanimously approved the following resolution: WHEREAS, Mr. and Mrs. Richard Leahy submitted an application to the Building Inspector to allow the construction of a wooden deck at northwest side of dwelling which will maintain existing nonconforming side yard setback of 0.1 ft. and existing nonconforming rear yard setback of 15 ± ft., 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 (2) (a) and B (3) "Construction Requirements for R-10 One Family Residence District" which requires a minimum side yard setback of 10 ft. and a minimum rear yard setback of 25 ft. on the premises located at 8 South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 238; and - 8 - June 25, 1986 WHEREAS, Mr. and Mrs. Leahy 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 Leahy family has young children and the proposed deck would be a safer play area for them. 2. That the proposed deck would increase the use of the home. 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: 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 (2) (a) and 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 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 - 9 - June 25, 1986 FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Subsection B (2) (a) and B (3) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of a wooden deck at the northwest side of dwelling which will maintain existing nonconforming side yard setback of 0.1 ft. instead of the required 10 ft. and an existing nonconforming rear yard setback of 15+ ft. instead of the required 25 ft. on the premises located at 8 South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 238 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 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 6 - CASE 741 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Lane for modification of Article III Section 89-14 "Required Street Frontage" which requires minimum street frontage of 125 ft. or suitable permanent access in accordance with Section 280a of the Town Law; Article VI Section 89-30, a minimum rear yard of 50 ft. and Article IV Section 89-20 Subsection C (3) "Permitted Accessory Uses" (swimming pool) as permitted by Building Code which requires a minimum rear yard setback of 20 ft. and a minimum distance separation from dwelling of 15 ft. to allow the construction of additions and alterations to dwelling creating a nonconforming rear yard setback of 22 ft. and the reconstruction of swimming pool maintaining a nonconforming rear yard setback of 4.5+ ft. and a distance separation from dwelling of 2+ ft. on a lot having no frontage on a public street on the premises located at Premimuun Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 510 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. - 10 - June 25, 1986 • Mr. Lane and his architect, Myron Goldfinger of New York City, appeared and stated they would like to • replace the present old-fashioned, kidney-shaped swimming pool with a longer, rectangular-shaped pool and also add a new accessory building. Mr. Lane indicated that Long Island Sound borders the rear of • the property, Echo Bay borders one side yard and, on the other side of the property, his neighbor's house is • approximately 800 feet away. • The Recording Secretary presented a communication from the Town of Mamaroneck Police Department wherein it was • stated that the property in question is accessible by emergency police vehicles. There being no questions or comments either for or against this application, Mrs. Price moved that this be considered a Type II Action requiring no further environmental review. Mr. Kelleher seconded the motion • and it was unanimously approved by the Board. • Mrs. Price moved the approval of the Lane application; Mr. Simon seconded the motion and the Board unanimously • approved the following resolution: • WHEREAS, Mr. and Mrs. Lane submitted an application to the Building Inspector to allow the construction of • additions and alterations to an existing dwelling having no frontage on a public street on the premises • located at Premium Point, 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 III • Section 89-14, "Required Street Frontage" which requires a minimum frontage of 125 ft. or suitable permanent access in accordance with Section 280a of the Town Law and Article VI Section 89-30, a minimum rear yard of 50 ft. and Article IV Section 89-20 Subsection C (3) "Permitted Accessory Uses" (swimming pool) as permitted by Building Code which requires a minimum rear yard setback of 20 ft. and a minimum distance separation from dwelling of 15 ft. on the premises located at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 510 Parcel 1; and • WHEREAS, Mr. and Mrs. Lane submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: - 11 - June 25, 1986 1. That there is no street frontage since existing dwelling is located on a private road. 2. To modify the design of an existing pool to afford better use. • 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: 1. That said circumstances or conditions have not resulted from any act of the applicant subsequent to the date of the adoption of the regulations and are such that the particular application of the Zoning Ordinance, with respect to Article III Section 89-14 "Required Street Frontage" which requires a minimum frontage of 125 ft. or suitable permanent access in accordance with Section 280a of the Town Law, 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 minimum adjustment that will accomplish this purpose. 2. That the use of Beach Road, a private access road, as a means of ingress and egress has adequately served the residents of Premium Point for many years. 3. There exists no danger to the residents by reason of the use of said road by police emergency vehicles. 4. That the proposed additions and alterations would not interrupt or interfere with any of the neighbor's homes or the furnishing of necessary services to such homes. - 12 - June 25, 1986 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; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article III Section 89-14 "Required Street Frontage" in accordance with Section 280a of the Town Law be varied and modified so as to allow the construction of additions and alterations to existing dwelling on the premises located at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 510 Parcel 1 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 FURTHER RESOLVED, that a set of the engineer's elevation plans be received by the Building Department within sixty days; and it is FURTHER RESOLVED, that a letter from the Mamaroneck Fire Department stating that the property is accessible by emergency fire vehicles be received by the Building Department within thirty days; and it is FURTHER RESOLVED, that no building permit shall be issued until such stipulations have been satisfactorily met; 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. • APPLICATION NO. 7 - CASE 742 The Recording Secretary read the application as follows: - 13 - June 25, 1986 Application of Mr. and Mrs. V.G. Daniel for modification of Article VI Section 89-33 Subsection B (2) (a) and B (3) "Construction Requirements for R-10 One Family District" which requires a minimum side yard of 10 ft. and a minimum rear yard of 25 ft. to allow the construction of a wood deck at side and rear of dwelling having a minimum side yard of 5 ft. and a minimum rear yard of 20 + ft. on the premises located at 2 Falls Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 400 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Kelleher removed himself from any participation in the case due to the fact that Mr. Daniel is a personal acquaintance. Mr. Daniel appeared and stated his yard is a mud hole and unusable and was therefore requesting permission to build a deck, but in order to do that, permission had to be obtained from Mrs. Gardiano, one of his neighbors, to build over her sewer easement. Donald Mazin, Esq. of 1415 Boston Post Road, and Mrs. Gardiano appeared and stated that an agreement had been reached between Mr. Daniel and Mrs. Gardiano whereby Mr. Daniel would be granted permission to build over the easement; and in turn, he would be willing to remove any structure that he erected over the sewer easement and that he would pay the necessary costs for repairing or replacing any part of the sewer line. Mr. Lee Hoffman, Counsel to the Town, expressed some concern over this situation and stated he would like to see the current existing easement and also see a copy of the proposed agreement between both parties before allowing Mr. Daniel to build over the sewer. He said that the Town had to consider public safety and public health in matters such as this. Mrs. Price stated that she recognized counsel's concern and would feel better if the Board could review the terms of the agreement before any agreement was reached but for the moment wanted to address the issue of the deck. - 14 June 25, 1986 Mrs. Price said she viewed the present situation of Mr. Daniel's property and found it to be terrible, adding that erosion was substantial. In view of the fact that counsel was concerned with the legal status of the sewer easement agreement regarding building over the sewer, it was decided by all parties involved that this matter be adjourned until the next meeting. Mrs. Price requested that Mr. Mazin submit all materials two weeks prior to the next meeting. ADJOURNMENT T 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 11:25 P.M. J an A. Mar a Recording Secretary - 15 -