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HomeMy WebLinkAbout1986_11_25 Zoning Board of Appeals Minutes le- HI C MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK NOVEMBER 25, 1986, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST RCAD, MAMARONECK, NEW YORK CALL TO ORDER The Chairwoman called the meeting to order at 8:15 P.M. ROLL CALL Present: Elaine Price, Chairwoman Patrick Kelleher J. Rene Simon Arthur Wexler Thomas Gunther Also Present: Steven M. Silverberg, Town Counsel William Paonessa, Building Inspector Jean A. Marra, Recording Secretary Public Stenographer from: J & L Reporting Service, Inc. 180 East Post Road White Plains, New York APPR(VAL OF THE MINUTES The Minutes of the meeting of October 22, 1986 were taken by a public stenographer. SCHEDULING The Chairwoman stated that the regular meeting of the Zoning Board of Appeals would not be held in December and that the next Zoning Board meeting would be held on January 28, 1987. November 25, 1986 APPLICATION NO. 1 - CASE 754 - HERSH (This application was adjourned from the meeting of October 22, 1986.) The Chairwoman stated that this application was withdrawn. Mr. Doughtery questioned what would be done now to which Attorney Silverberg suggested that Mr. Doughtery stop by the Building Department and review the applicant's previ- ously submitted plans which were approved last March. (At this time, the public stenographer was excused.) APPLICATION NO. 2 - CASE 756 - SKLAREPJ The Recording Secretary read the application as follows: Application of Mr. Robert Sklarew for modification of Article VI Section 89-34 Subsection B (2) (a) "Construction Requirements for R-7.5 One Family Residence District" which requires a minimum side yard setback of 10 feet to allow the construction of a Second Story Dormer at the north- westerly side of dwelling which will maintain existing nonconforming side yard setback of 8.5 feet instead of the required 10 feet on the premises located at 8 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 320 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Sklarew presented the application for an addition to his home and stated that the additional space was needed in order to accommodate his twin boys. He added that the present home had only one and a half baths which was a tremendous hardship. Mr. Sklarew further stated that the backyard was very terraced and the layout of the existing home prohibited the building of an addition in any other way. - 2 November 25, 1986 There being no further questions, either for or against the application, Mrs. Price moved that this be considered a Type II Action, having no significant impact, and conse- quently no EIS (Environmental Impact Study) was required. Mr. Simon seconded the motion and it was unanimously approved by the Board. Thereafter, on motion by Mr. Simon, seconded by Mr. Gunther, the Board unanimously adopted the following resolution: WHEREAS, Mr. Sklarew, residing at 8 Vine Road, Larchmont, submitted an application to the Building Inspector, together with plans, to allow the construction of a Second-Story Dormer at the northwesterly side 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, Subsection B (2) (a) "Construction Requirements for R-7.5 One Family District" which requires a minimum side yard setback of 10 feet on the premises located at 8 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 320; and WHEREAS, Mr. Sklarew 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. The dormer will provide two separate bedrooms for the applicant's thirteen year old twin boys who are now sharing one small bedroom. 2. Presently, there is only one full bathroom in the existing home. 3. The rear yard decends in three terraced levels and cannot accommodate an addition. - 3 - November 25, 1986 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 89-34 Subsection B (2) (a) "Construction Requirements for an R-7.5 One Family 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 - 4 - November 25, 1986 FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Subsection B (2) (a) "Construction Requirements for an R-7.5 One Family District" be varied and modified so as to allow the construction of a Second-Story Dormer which will have a side yard setback of 8.5 feet instead of the required setback of 10 feet on the premises located at 8 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 320 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. Mr. Sklarew stated that work on the dormer could not be started until the spring and he questioned how long a period of time he had to obtain the building permit. The Chairwoman stated that the policy used to be that a building permit had to be obtained within three months of the filing of the resolution with the Town Clerk but, that as of August 22, 1986, the time limit was extended to six months with construction to be started within one year and completed within two years. - 5 November 25, 1986 APPLICATION NO. 3 - CASE 757 The Recording Secretary read the application as follows: Application of Dr. & Mrs. Abby Zelnick for modification of Article VII Section 89-31 Subsection B (1) "Construction Requirements for R-20 One Family District" which requires a minimum front yard setback of 40 feet to allow the construction of a Wood Deck at the front of dwelling (formerly side of dwelling) having a front yard setback of 30 feet from Marbourne Drive, instead of the required 40 feet (due to approval of subdivision map "Marbourne Meadows," the side yard of parcel is now a front yard) on the premises located at 1161 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Parcel 350 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Zelnick and her building contractor presented the application to construct a deck and explained the how the subdivision of Marbourne Meadows technically changed their property and that their side yard was now a front yard. Bill Paonessa, the Building Inspector, explained how the rezoning of the subdivision added new roads which effected the Zelnick home and he then indicated these locations on the Town Tax Map for the Board's information. There being no further questions or comments, either for or against the application, Mrs. Price moved that this be considered a Type II Action requiring no further Environ- mental Impact Study. Mr. Simon seconded the motion and it was unanimously approved by the Board. Thereafter, on motion by Mr. Gunther, and seconded by Mr. Wexler, the Board adopted the following resolution: WHEREAS, Dr. & Mrs. Abby Zelnick, residing at 1161 Old White Plains Road, Mamaroneck, submitted an application to the Building Inspector, together with plans, to allow the construction of a Wood Deck at the front of dwelling (formerly side of dwelling) ; and - 6 - November 25, 1986 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 par- ticular reference to Article VII Section 89-31 Subsection B (1) "Construction Requirements for R-20 One Family District" which requires a minimum front yard setback of 40 feet on the premises located at 1161 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Parcel 350; and WHEREAS, Dr. & Mrs. Z elnick 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 topography of the land is such that it is not usable in any other way. 2. There is no other suitable location where the deck can be placed. 3. Due to the new development subdivision which created a new road that fronts the appli- cants' property, it rendered the side yard a front yard. 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 - November 25, 1986 1. That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VII Section 89-31 Subsection B (1) "Construction Requirements for an R-20 One Family 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 that purpose. 2. That the proposal is a moderate request in that the Marbourn Meadows subdivision changed applicant's side yard to a front yard. 3. That because of the terrain, the proposed deck would prevent further erosion of the property. 4. 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 other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VII Section 89-31 • Subsection B (1) "Construction Requirements for an R-20 One Family District" be varied and modified so as to allow the construction of a Wooden Deck at the front of dwelling (formerly side of dwelling) having a front yard setback of 30 feet instead of the required 40 feet (due to the approval of subdivision map "Marbourn Meadows," the side yard of parcel is now a front yard) on the premises located at 1161 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Parcel 350 in strict conformance with plans filed with this appli- cation, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is - 8 - November 25, 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 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 758 Application of Mr. R. Tochterman for modification of Article VI Section 89-34 Subsection B (2) (a) and B (3) "Construction Requirements for R-7.5 One Family District" which requires a minimum side yard of 10 feet and a total of both side yards of 20 feet and a minimum rear yard of 25 feet to allow the construction of a Two Story Addition at the northeast corner of dwelling having a minimum side yard of 5.1 feet and a total of both side yards of 14.3 feet, and a rear yard setback of 14 feet instead of a minimum side yard of 10 feet and a total of both side yards of 20 feet and a miminum rear yard of 25 feet on the premises located at 10 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 183 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Tochterman presented the application to put an addition on his home and stated that his house was very small and also that his mother planned on living with them for a portion of the year. He added that the garage was only used for storage because he could not fit his car in it. After some discussion, it was the consensus of the Board that the application, as presented, impacted too much on the neighboring homes because of its proposed size and thereafter, Attorney Silverberg suggested to Mr. Tochterman that he withdraw his application and submit a complete new set of scaled-down plans and that they be much more detailed. - 9 - November 25, 1986 Mrs. Childs of 17 Seton Road and Christina Coulter of Wildwood Road appeared in favor of the application and stated that the existing garage was an eyesore and they were very much in favor of having it removed and being replaced with a new one. At this time, Mr. Tochterman, withdrew his application. ADJOURNMENT There being no further business to come before the Board, on motion by Mr. Simon, seconded by Mr. Wexler, the meeting was unanimously adjourned at 9:20 P.M. Jean A. Marra Recording Secretary - 10 -