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HomeMy WebLinkAbout1986_03_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD CF APPEALS CF THE TOWN CF MAMARONECK MARCH 27, 1986 IN THE COURTROOM, TOWN OFFICES 740 WEST BCSTON POST ROAD, MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by the Acting Chairman at 8:15 P.M. ROLL CALL Present: Mrs. Elaine Price, Acting Chairman Mr. Patrick Kelleher Mr. J. Rene Simon Absent: Mr. A. William Boraczek Mr. Peter D. Mosher Also Present: Mr. Steven M. Silverberg, 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 MINUTES Mrs. Price moved, Mr. Simon seconded, and the minutes of the meeting of February 26, 1986 were unanimously approved. SCHEDULING The Acting Chairman stated that the next meeting of the Zoning Board would be held on April 23, 1986. PROCEDURE The Acting Chairman explained to all present that each applicant would have the option to postpone their application until the next meeting as there were only three Board members present and approval of any application would require a unanimous vote. All applicants were asked individually if they wished to proceed. March 27, 1986 APPLICATION NO. 1 - CASE 679 The Recording Secretary read the application as follows: Application of Mr. Charles Hoffman for modification of Article VII Section 89-41 "Construction Requirements for "B" Business District" to allow the construction of an office building and off-street parking facilities, namely Section A (3) which permits a maximum building coverage of 25%, proposed building coverage 58%; Sub- section C which permits a maximum floor area of 50% of lot area, proposed 115%; Subsection D (1) & (2) which permits a maximum building height of two stories and thirty feet, proposed three stories and forty feet; Subsection E which requires a minimum of 195 off-street parking spaces @ 9' x 20', proposed 141 off-street parking spaces @ 9' x 18'on the premises located at 10 Byron Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 410 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. APPLICATION NO. 2 - CASE 708 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Uri Adner for modification of Article VI Section 89-33 Subsection B (2) (a) & (b) "Construction Requirements for R-10 One Family Residence District" which requires a minimum side yard of 10 ft. and a total of both side yards of 25 ft. to allow the construction of an addition to the rear of the dwelling for a greenhouse and a wood deck having a minimum side yard of 6.0 ft. and a total of both side yards of 15.5 ft. which will maintain the existing nonconforming side yard of premises located at 200 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 98 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Price stated that at the applicants' request, the application will be postponed until the June meeting. - 2 March 27, 1986 APPLICATION NO. 3 - CASE 720 This case was postponed until next month. APPLICATION NO. 5 - CASE 725 Mrs. Price stated that the Petrocelli application would not be heard since Mr. Rene Simon is personally involved in the matter and a legal decision could not be reached. The case was adjourned until the next meeting. APPLICATION NO. 7 - CASE 727 Mrs. Price stated that the Baum application would not be heard since Mr. Rene Simon is personally involved in the matter and a legal decision could not be reached. The case was adjourned until the next meeting. APPLICATION NO. 4 - CASE 724 The Recording Secretary read the application as follows: Application of Mr. and Mrs. J. Moniz for modification of Article VI Section 89-33 Subsection B (1) "Con- struction Requirements for R-10 One Family District" which requires a minimum front setback of 30 ft. to allow the construction of a One Story Addition to front of dwelling which will maintain existing nonconforming front setback of 19.75 ft. on the premises located at 38 Dillon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 270 on the grounds of practical difficulty and/or unnecessary hardship. Following the presentation of the case by the applicant, Mr. Kelleher 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. Mr. Simon moved the approval of the Moniz application, Mr. Kelleher seconded the motion, and the Board unanimously approved the following resolution: - 3 - March 27, 1986 WHEREAS, Mr. and Mrs. J. Moniz submitted an application to the Building Inspector to allow the construction of a one-story addition to the front of dwelling which will maintain existing nonconforming front setback of 19.75 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(1) "Construction Requirements for R-10 One Family Residence District" which requires a minimum front setback of 30 ft. on the premises located at 38 Dillon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 270; and WHEREAS, Mr. and Mrs. Moniz 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 house has no guest room or family room. 2. There is a need to provide space for daughter to study, watch TV, etc. 3. Proposed easterly location is desirable for the many house plants in 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: - 4 - March 27, 1986 1. That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-33 • • Subsection B(1) "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 is a minimum 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; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Subsection B(1) "Con- struction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of a one-story addition to the front of dwelling which will maintain existing nonconforming front setback of 19.75 ft. instead of the required minimum front yard setback of 30 ft. on the premises located at 38 Dillon Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 504 Parcel 270 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 three months of the filing of this Resolution with the Town Clerk. 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 be it FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION N0. 8 - CASE 728 • The Recording Secretary read the application as follows: - 5 - March 27, 1986 Application of Mr. and Mrs. Ira Hersh for modification of Article VI Section 89-35 Subsection B (1) "Con- struction Requirements for R-6 One Family Residence District" which requires that on a corner lot, a front yard setback of 30 ft. be provided from both streets to allow the construction of a One Story garage on a corner lot having a front setback of 21 ft. from Murray Avenue and an 11 ft. front setback from Colonial Avenue and also to allow the construction of a wood deck having a 10 ft. setback from Colonial Avenue on the premises location at 186 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 1, on the grounds of practical difficulty and/or unnecessary hardship. The applicant and his representative, Mr. Mark Musticato of Richau Pierre Associates, Architects, 1 Depot Plaza, Mamaroneck, NY, presented the matter and after further discussion, Mrs. Price moved that this is a Type II Action which has no adverse environmental impact. Mr. Simon seconded the motion and it was unanimously approved by the Board. Thereafter, on motion by Mr. Kelleher, seconded by Mr. Sinor, the Board unanimously approved the following resolution: WHEREAS, Mr. and Mrs. Ira Hersh submitted an appli- cation to the Building Inspector to allow the con- struction of a one-story garage on a corner lot having a front yard setback of 21 ft. from Murray Avenue and an 11 ft. setback from Colonial Avenue, and also to allow the construction of a wood deck having a 10 ft. • setback from Colonial Avenue, 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 89-35, Subsection B (1) "Construction Requirements for R-6 One Family Residence District" which requires that on a corner lot, a front yard setback of 30 ft. be provided from both streets on the premises located at 186 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 1; and WHEREAS, Mr. and Mrs. Hersh have submitted an • application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: - 6 - March 27, 1986 1. That garage addition would allevaite existing water problem. 2. The proposed driveway would be further away from the intersection of Murray and Colonial Avenues. 3. That proposed deck would provide a safer, more private place for children to play. 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 89-35 Subsection B (1) "Construction Requirements for an R-6 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 is a minimum adjustment that will accomplish this purpose. 2. That evergreen shrubbery be planted along the southerly and easterly faces of the proposed deck with a minimum initial installed height of four to five feet with spacing to be kept with the uniformity of landscaped screening. 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 - 7 - March 27, 1986 4111 FURTHER RESOLVED, that a variance is herebygranted and that Article VI Section 89-35 Subsection B(1) "Con- struction Requirements for an R-6 One Family Residence District" be varied and modified so as to allow the construction of a one-story garage and deck to the dwelling on the premises located at 186 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 1 in strict conformance with plans filed with this application, provided that 111 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 three months of the filing of this Resolution with the Town Clerk. 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 be it FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 6 - CASE 726 The Recording Secretary read the application as follows: Application of Mr. Richard Hein for modification of Article X Section 89-57 "Deviations" which does not permit a change in use which will result in an increase in the extent building does not comply with area requirements, namely to maintain existing nonconforming off-street parking facilities for 64 cars instead of the required minimum of 129 off-street parking spaces in conjunction with the conversion of Recreation Room to professional office space on the premises located at 21 North Chatsworth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 133 Parcel 514, 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 stated that Mr. Hein's application be adjourned pending the receipt by the Zoning Board of Appeals of the following: - 8 - ® 1. Traffic Committee report. March 27, 1986 • 2. Written commitment from the Board of Directors of the co-op located at 21 North Chatsworth Avenue indicating that Mr. Hein has their permission to apply for this variance. 3. Written statement from the Town Administrator granting permission to use or purchase Jefferson Street, an adjacent paper street, to provide additional parking spaces. ADJOURNMENT • • There being no further business to come before the Board, the Acting Chairman moved to adjourn, Mr. Kelleher seconded the motion, and the meeting was unanimously adjourned at 9:25 P.M. 11) / ti�4 is/iA Q 1 Jean A. Marra • Recording Secretary • • - 9