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HomeMy WebLinkAbout1985_11_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK NOVEMBER 26, 1985, IN THE AUDITORIUM, WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK CALL TO ORDER The meeting was called to order by the Chairman at 8:16 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. Patrick Kelleher Mr. Peter D. Mosher Mrs. Elaine Price Absent: Mr. J. Rene Simon Also present: Mr. Steven M. Silverberg, Town Counsel Mr. William Paonessa, Building )din g Inspector Ms. Cynthia Fawcett, Recording Secretary A public stenographer from Post Reporting Service, 175 Main Street White Plains, New York, was also present, and his report will become a permanent part of the record. APPROVAL OF MINUTES The minutes of the regular meetingof June 26 g 1985, were presented for approval. Mrs. Price moved to accept them, seconded by Mr. Mosher; they were unanimously appro ved. Mr. Mosher questioned the whereabouts of the minutes for meetings in July, g August, u t September,g , p , and October. It was agreed to discuss this g further in Executive Session. APPLICATION #1 - Case 679 The application was read by the secretary 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 park- ing facilities, namely, Section A (3) which permits a maximum build- ing coverage of 25%, proposed building coverage 58%; Subsection 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 spa- ces @ 9' x 20' , proposed 141 off-street parking spaces @ 9'x18' on the premises located at 10 Byron Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 132 Parcel 410 on the © grounds of practical difficulty and/or unnecessary hardship. November 26, 1985 The Public Stenographer took minutes of this application which will be made part of the record. Mr. Mosher moved that the Board found there was no adverse environmental impact based on all the materials submitted, Mr. Boraczek seconded the motion, and the Board voted unanimous approval. The Board adjourned the public hearing for all purposes until the next meeting. APPLICATION NO. 3 - Case 708, Mr. and Mrs. Uri Adner Block 213, Parcel 89 Application for modification of Article VI Section 89-33 Subsection B.2. (a)and(B) "Construction Requirements for R-10 One Family Residence District" requiring a minimum side yard of 10 feet and a total of both side yards of 25 feet to allow the construction of an addition to the rear of the dwelling for a greenhouse and wood deck having a minimum side yard of six feet and a total of both side yards of 15.5 feet which will maintain the existing nonconforming side yards at 200 East Garden Road, Block 213, Parcel 89 on the grounds of prac- tical difficulty and/or unnecessary hardship. The Public Stenographer took minutes of this application which will be made part of the record. 1 0 The Board granted Mr. Silverberg, Town Counsel, the authority to write a letter to Mr. Alter, Mr. Adner's attorney, explaining why the Board wants to adjourn this application, and it was granted unani- mously. The Board then adjourned this application to the next regu- lar meeting. At this point the Public Stenographer left. APPLICATION NO. 4 - CASE 712 This case was withdrawn by applicant in a letter dated November 20, 1985. APPLICATION NO. 5 - CASE 713, Mr. Robert Howard The application was read by the secretary as follows: Application of Mr. Robert Howard for modification of Article VI Sec- tion 89-33 Subsection B (2) (1) "Construction Requirements for R-10 One Fam- ily Residence District"which requires a minimum side yard of 10 feet to allow the construction of a solar greenhouse at rear of dwelling which will maintain existing nonconforming side yard of 7.39 feet on the premises located at 80 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 116 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Paonessa, the Building Inspector, said the plan will maintain the existing side yard and he has no problems with it. r November 26, 1985 There were no public comments. Mrs. Price moved that this is a Type II application, presenting no significant environmental impact. The motion was seconded by Mr. Mosher and unanimously accepted by the Board. Mr. Mosher summarized that the plan maintains the existing side yard and believes there is no other feasible way to do this application. Mr. Kelleher moved to grant the variance, Mrs. Price seconded, and the variance was granted by unanimous vote and the following Resolu- tion was adopted: WHEREAS Mr. Robert Howard has submitted an application to the Building Inspector to allow the construction of a solar greenhouse at rear of dwelling which will maintain existing nonconforming side yard of 7.39 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 Article VI Section 89-33 Subsection B (2) (1) "Construction Requirements for R-10 One Family District" which requires a minimum side yard of 10 feet on the premises located at 80 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 116; and WHEREAS Mr. Howard has submitted an application to this Board for a variance on the ground of practical diffi- culty and/or unnecessary hardship for the following rea- sons: Applicant desires to construct a solar greenhouse which can only be built at the rear of his dwell- ing, extending the nonconforming side yard setback. 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 granted the application on the following grounds: (a) That there are special circumstances and/or conditions applying to the land and/or build- ing for which the variance is sought, which cir- cumstances 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. Applicant wants to have a solar greenhouse, and due to the nonconforming side yard set- . N 41) back must build to the rear of his dwelling.ov 2. The proposed greenhouse will extend the noncon- forming side yard setback. 3. The nature of the additional space will add to the quality of life for applicant. 4. That said circumstances and/or conditions are ember 26, 1985 such that the particular application of the 4 Ordinance with respect to Article VI Section 89-33 Subsection B (2) (1) "Construction Re- quirements for R-10 One Family Residence 1 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. 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 (2) (1) "Construction Requirements for R-10 One Family Residence District" be varied and modified so as to allow the construction of a solar greenhouse at rear of dwelling on the premises located at 80 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 116 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 Regu- lations 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. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 6 - CASE 714 - Mr. Robert Porucznik Block 505 Parcel 400 The application was read by the Secretary as follows: Application of Mr. Robert Porucznik for modification of Article VI zL November 26, 1985 Section 89-35 Subsection B (2) (b) "Construction Requirements for R-6 One Family Residence District" which requires a minimum side yard of 8 feet and a total of both side yards of 18 feet to allow the construction of a two-story addition at westerly side of dwelling which will maintain existing nonconforming side yard of 3.2 feet and a total of both side yards of 11.2 feet on the premises located at 14 Dean Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 505 Parcel 400 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Porucznik formally apologized to the Board for losing his tem- per at the previous meeting. He then introduced his attorney, Mr. Jim David of James Davis Associates, his spokesman. Mr. Davis explained that the lot was small, as was the house. The applicant would like to add a bathroom, as currently one must go through the bedroom to get to the bathroom. The applicant would like to add a master bedroom and a one-car garage. The original application was for a two-car garage. The Chairman asked how many cars the applicant owned and was told two, but one could be parked outside. The Board reviewed the plans, noting that the planned construction had been reduced since the original application by four feet out back. The Chairman commented that the side yard requirement was for a minimum of 18 feet total and a minimum of 8 feet on either side. It was noted that this house was built prezoning. The Chairman asked the applicant if this was the entire addition, to which the applicant answered yes. Mr. Davis asked the Board to note that there are numerous houses in the area in the same situa- tion. The Chairman said that his problem last month was with the proximity of the two houses. Mr. Kelleher asked the applicant when he actually purchased this property, and Mr. Porucznik answered in August of 1985. Mr. Kelle- her emphasized that this was a recent purchase and that the appli- cant bought the house knowing what it was and it was not a situa- tion where the applicant had owned the property for years and now has a need to modify it. The Chairman asked how many bedrooms were presently in the house, and the applicant answered two, but without closets. There being no further questions, Mr. Mosher moved that this be considered a Type II application and that no Environmental Impact study is necessary. Mrs. Price seconded the motion, and the Board approved it unanimously. Mrs. Price said she had no problem with the current application with the building set back eight feet. 1 November 26, 1985 The Chairman asked the Building Inspector if there is any provi- sion for fire retardant materials, and the Building Inspector re- plied that there is a requirement at a distance of five feet. This being 8 feet, the codes do not cover it, so there is no problem. Mr. Mosher moved that this application be approved on the grounds of practical difficulty and/or unnecessary hardship as there is no other feasible way to make this house into a livable unit with a bathroom, bedroom and garage, all being an improvement of the situation. Mrs. Price seconded the motion and it was passed unani- mously by the Board and the following Resolution was adopted: WHEREAS Mr. Robert Porucznik has submitted an application to the Building Inspector to allow the construction of a two-story addition at westerly side of dwelling which will maintain existing nonconforming side yard of 3.2 feet and a total of both side yards of 11.2 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 Article VI Section 89-35 Subsection B (2) (b) "Construction Requirements for R-6 One Family Residence District" which requires a minimum side yard of 8 feet and a total of both side yards of 18 feet on the premises located at 14 Dean Place and known on the Tax Assessment Q Map of the Town of Mamaroneck as Block 505 Parcel 400; and WHEREAS Mr. Porucznik has submitted an application to this Board for a variance on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. The applicant would like to build a two-story addition to add a master bedroom, bathroom, and a one-car garage. 2. The small bedrooms have no closets, and the bath must be reached through one of the bedrooms. 3. There is no garage. 4. Present side yard setback will be maintained. 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 granted the application on the following grounds: (a) That there are special circumstances and/or conditions applying to the land and/or build- ing for which the variance is sought, which o circumstances and/or conditions have not resulted from any acts of the applicants subsequent to the date of the Zoning Regulations appealed from. r November 26, 1985 (b) That the said circumstances or conditions are as follows: O1. The applicant would like to build a two-story addition to add a master bedroom, bathroom, and a one-car garage since there is no garage or closets in the bedrooms, and the bathroom must be entered through one of the small bed- rooms. 2. The proposed addition will maintain the pres- ent side yard setback and is the only practi- cal and feasible way to make the house com- fortable and livable. 3. There was no opposition from the neighbor in the closest proximity. 4. That said circumstances or conditions are such that the particular application of the Ordi- nance with respect to Article VI Section 89-35 Subsection B (2) (b) "Construction Requirements for R-6 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or building and that the vari- ance as granted by this Board is a minimum adjustment that will accomplish this purpose. 5. That the granting of the variance is in har- mony 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 89-35 Subsection B (2) (b) "Construction Requirements for an R-6 One Family Residence District" be varied and modified so as to allow the construction of a two- story addition at the westerly side of dwelling which will maintain existing nonconforming side yard of 3.2 feet and a total of both side yards of 11.2 feet on the premises located at 14 Dean Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 400 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. 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. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. 7 November 26, 1985 SCHEDULING THE NEXT MEETING Since the next scheduled meeting falls on Christmas Eve, it was decided, after discussion, to schedule this meeting for Tuesday, January 7, 1986, in addition to the regularly scheduled January meeting later in the month. ADJOURNMENT The motion was made to move into Executive Session to discuss liti- gation. It was seconded by the Chair and passed by the Board at 10:16 P.M. The subject of this session was Flink v. The Town of Mamaroneck Zoning Board. The Board adjourned from Executive Session into Public Session. Mr. Mosher moved that the Attorney to the Town file and perfect an appeal of the decision of Mr. Justice Colabella in the case of Flink v. Town of Mamaroneck. The motion was seconded and passed unani- mously. The Chair asked the Recording Secretary to tell Arline, Secretary to the Building Department, to do whatever was necessary to get the retired secretary to transcribe her notes and produce the minutes for the months of July to October, 1986. There being no further business for the Board, the meeting was adjourned at 10:30 P.M. Cynthia Fawce t, Secretary