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HomeMy WebLinkAbout1985_10_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK © HELD OCTOBER 23, 1985, IN THE COURTHOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. Patrick Kelleher Mrs. Elaine Price Mr. J. Rene Simon Absent: Mr. Peter D. Mosher Also present: Mr. Lee A. Hoffman, Jr. , Town Counsel Mr. William Paonessa, Building Inspector Public Stenographer from Post Reporting, 175 Main Street, White Plains, NY 10601 APPROVAL OF MINUTES The minutes of the regular meetings of July 24, 1985, and August 28, 1985, were not presented. Mr. Kelleher moved, Mr. Simon seconded, and the Board unanimously approved the minutes of October 2, 1985, as presented. The reading of the first application was waived by permission of applicant. APPLICATION NO. 1 - CASE 679 (This application is continued from the meeting of October 2, 1985.) 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%, 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 spaces @ 2'x20' , proposed 141 off-street parking spaces @ 9'x18' 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 was present, and his notes will become a part of this record. The Board received three letters re the Draft Environmental Impact State- ment from: Hilda and Leo Wilson, 15 Lafayette Road, dated October 8, 1985; Ralph Powers, 33 Maxwell Avenue, dated October 10, 1985; and Joseph Zavag- lia, 5 Byron Place, dated October 12, 1985, which will be made part of the record. October 23, 1985 The Chairman read the second application. APPLICATION NO. 2 - CASE 699 Application of the Guidance Center of New Rochelle, Inc. , for modification of Article V Section 89-28 "Permitted Uses in a "B" Business District" and Article III Section 89-9 "Conformity Required" which prohibits any use not specifically permitted by the Zoning Ordinance to allow the occupancy and use of the existing kiosk building for fast food sales on the premises located at 167 Myrtle Blvd. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel - New York State Thruway Property on the grounds of practical difficulty and/or unnecessary hardship. Mr. Boraczek read a letter from the Town. Mr. Simon removed himself from the Board in order to help with the presen- tation. Mr. Mosher, who was not present, is also a member of the Lions Club so a unanimous approval of the application was necessary. Mr. Al Bergman, a Guidance Center INdustries employee and a licensed New York State counsellor (with an A.B.) for the blind and visually handicapped, described the working setting that is provided for the visually impaired. Two visually impaired adults will be employed and will serve baked goods from the Guidance Industries bakery in New Rochelle: danish, croissants , etc. , as well as coffee. This location had previously been operated as "Blind Joe's". The hours will be from 6:30 A.M. to 11:30 A.M. on Mondays through Saturdays. He said that the Larchmont Lions Club owns the build- ing and the property is owned by the New York State Thruway Authority, and this operation had been in the planning state for over two years. Mr. Bergman further explained that it is nonprofit and will offer no com- petition to local businesses. In answer to concern expressed about traf- fic containment and the starting and stopping of cars, Mr. Bergman sug- gested a temporary operation of several months as a tryout period, with the items sold being yeast baked products and drinks but no other items such as gum, candy, or newspapers. Mr. Boraczek presented the proposed License Agreement between the Town and the Guidance Center, which sets forth provisions for operation, if so approved. Mr. Hoffman, Town Counsel, stated that if the variance is granted, it will be subject to conditions. It is a legal situation, and the Town needed to grant a variance for the operation; the Town Board will author- ize the Town Supervisor to enter into the License Agreement with Guidance Center Industries, which originally mentioned nine months, but the Board agreed it should be limited to six months. Mr. Bergman gave permission to allow the Board to specify conditions. Mrs. Price moved that this be accepted as a Type II action, wherein an Environmental Impact Statement is not required, which was seconded and passed. li October 23, 1985 It was moved, seconded, and unanimously passed that Application #699 and an Occupancy Permit be granted and the following Resolution adopted with the following conditions: WHEREAS the Guidance Center of New Rochelle, Inc. , has sub- mitted an application to the Building Inspector to allow the occupancy and use of the existing kiosk building for fast food sales on the premises, together with plans; and WHEREAS the Building Inspector has refused to issue such permit on the grounds that the proposed use does not conform with the Zoning Ordinance of the Town of Mamaroneck with par- ticular reference to Article V Section 89-28 "Permitted Uses in a "B" Business District" which prohibits any use not spe- cifically permitted by the Zoning Ordinance, on the premises located at 167 Myrtle Blvd. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel - New York State Thruway property; and WHEREAS the Guidance Center of New Rochelle, Inc. , has sub- mitted an application for a variance on the ground of practi- cal difficulty and/or unnecessary hardship for the following reasons: 1. The Guidance Center of New Rochelle provides work set- tings for visually impaired adults, two of whom will be employed at the kiosk. 2. Baked goods will be sold at the kiosk which are baked at the Guidance Center Industries by other visually impaired adults. 3. This location was used in the past by a blind man and is well suited for such use. 4. The Lions Club owns the kiosk on the NYS Thruway Authority property and is sponsoring the use of their kiosk for the sale of said fast foods. 5. The operation has been in the planning stage for over two years and will be nonprofit and not in competition with nearby businesses but an outlet for Guidance Industries products, together with nonalcoholic drinks. WHEREAS this Board has examined the plans, reviewed the ap plication, and has heard all persons interested in this application, pp ation, after publication of a notic e thereof, NOW, THEREFORE, BE IT RESOLVED that this Board granted the appli- cation on the following grounds: ® (a) That there are special circumstances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not re- .3 October 23, 1985 suited from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances or conditions are as follows: 1. The proposed location and existing kiosk are the most practical. 2. The proposed use will be similar to the pre- vious use of the kiosk. 3. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article V Section 89-28 "Permitted Uses in a "B" Business District" would deprive the applicant of the reasonable use of the land and building and that the variance as granted by this Board is a minimum adjustment that will ac- complish this purpose. 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 neigh- borhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that a variance is hereby granted and that Arti- cle V Section 89-28 "Permitted Uses in a "B" Business District" be varied and modified so as to allow the use of the kiosk by the Guidance Center of New Rochelle, Inc. , subject to the following conditions: 1. Sales be confined to yeast baked products and drinks other than carbonated or alcoholic beverages. 2. The variance would come under review in six months by the Zoning Board. 3. Compliance with all terms of the license agreement submitted to the Board and annexed hereto, except that the term of the license agreement is six months and the hours set are from 6:30 A.M. through 11:30 A.M. on Monday through Saturday. 4. The variance is subject to such review and is revocable. 5. Applicant consents to the imposition p n of these conditions by the Board. FURTHER RES OLVED, that this decision be fil ed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman rea d the third application, continued from the meetingof October 2, 1985. y October 23, 1985 APPLICATION NO. 3 - CASE 703 Application of Mr. Walter J. McTeigue, Jr. , for modification of Article VIII Section 89-44 C "Supplementary Regulations, Walls and Fences" which restricts the height of walls and fences in any required yard to 4 feet to allow existing stone retaining wall along the portion of the easterly property line having a maximum height of 7 feet on the premises located at 70 Lookout Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 332 on the grounds of practical difficulty and/or unnecessary hardship. Mr. William Maker, Jr. , reviewed the survey and stated that the encroach- ment of the wall was about six inches and that an easement agreement is being considered, which Mr. McTeigue is amenable to. A draft easement was read by the next door neighbors, the Jacobsons, this evening. Town Counsel stated that this was the third formal appearance but that the matter had been on the agenda much longer and the Board should hear from the Jacobsons this night, for the record, regarding their current feelings. Mr. Jacobson stated that the issue was complex, they will lose land, and the drainage should be dealt with by Mr. McTeigue. In answer to a ques- tion about cutting the wall to four feet, Mr. Jacobson said that height was not a concern but that there had been no gesture from the other party. Mrs. Jacobson pointed out that they are losing property and there is a problem with water and riprap, and they would like an agreement with their neighbor. This might take two months to work out, but it had not previously been discussed. Mr. Boraczek suggested putting off this matter until the December meet- ing, thus allowing time for an amenable agreement, and the parties should think about drainage or the sale of the property. Mr. Joseph Merolla, 21 Hillside Road, a neighbor, stated that the height was important as the wall is 7 feet high, and soil was brought in to fill behind it; lowering the height would require some soil to be removed. Mr. Boraczek advised Mr. Merolla to join in the discussions with the other two parties in solving the problem. The Chairman read the fourth application, continued from the meeting of October 2, 1985. APPLICATION NO. 4 - CASE 708 Application of Mr. and Mrs. Uri Adner for modification of Article VI Section 89-33 Subsection B (2) (a) and (b) "Construction Requirements for R-10 One Family Residence District" which requires 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 green- house and a wood deck having a minimum side yard of 6.0 feet and a total of both side yards y of 15.5 feet which will maintain the existing noncon- forming side yard on the premises located at 200 East Garden Road and III {" October 23, 1985 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. Mr. Adner said that the judge had agreed to expedite the decision, but it should have been handed down the day before this meeting. The Order to Show Cause was not available to the Board, and the applicant proposed modifying his plans but the Building Inspector had not re- ceived any plans for a modification. The Public Stenographer recorded the rest of this application The Chairman read the fifth application. APPLICATION NO. 5 - CASE NO. 709 Application of Mr. Robert Porucznik for modification of Article VI Sec- tion 89-35 subsection B 2(a) and (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 an addition maintaining existing nonconforming side yard of 3.2 feet and a total of both side yards of 7.7 feet on the premises located at 14 Dean Place and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 505 Parcel 400 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Porucznik explained that his back yard is too crowded and slopes away, and he wants a two-car garage for his two cars, with a bath and bedroom above and an extension of a deck. He said the present house has one bath and the bedrooms are too small. The Building Inspector said he had recommended noncombustible siding since there was only 7 feet between the houses. There was much discussion about the need for a garage to house two full- size cars side by side, the suggestion of a narrower and longer garage to house two cars in tandem, and the fact that there were no supporting letters from nearby neighbors, especially those most affected, next door. Mrs. Price reminded applicant that zoning laws were passed to protect neighborhoods against such crowding. Mr. Wassman, 15 Campbell Lane, spoke about the short length of time appli- cant had lived in the house (about two months) and questioned why he had bought such an unsatisfactory house. Applicant withdrew his application and left. The Chairman read the next application. APPLICATION NO. 6 - CASE 710 Application of Dr. and Mrs. Richard Stevenson for modification of Arti- cle VI Section 89-32 Subsection B (1) "Construction Requirements for R-15 One Family Residence District" which requires a minimum front set- back of 40 feet to allow the construction of an addition reducing the October 23, 1985 nonconforming setback of 30.43 feet to 22 feet on the premises located at 51 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 205 Parcel 20 on the grounds of practical difficulty and/or unnecessary hardship. Lucinda Wanner Stoll, the architect, represented the applicant and pre- sented the concept of an office downstairs for Dr. Stevenson and a mas- ter bedroom and bath above. She stated that the variance was required because of the curving street causing a change in the nonconforming set- back from the street. She presented photographs of the house and grounds and a note from Mr. and Mrs. Rea P. Brown, 55 Mohegan Road, supporting the variance. Applicants have 3 bedrooms and 3 children, and they want a bedroom for themselves and each of their children. Two off-street parking places are required for a professional office, and, therefore, they were planned. Mr. Boraczek mentioned that he had viewed the premises and had seen that two trees had been cut down without permission, to which the appli- cant's architect admitted no knowledge of such an ordinance. Town Counsel stated that off-street parking may be waived but would be subject to review if the practice changes, and a landscaping plan may be required. Applicant stated that there would be no employees who would need off-street parking. Mr. Wassman, 15 Campbell Lane, spoke about off-street parking and the Tree Ordinance which prohibits cutting down trees of a certain size and larger. On motion made by Mr. Boraczek and seconded by Mr. Kelleher, with all four members voting in favor, the application was approved and the following resolution adopted: WHEREAS Dr. and Mrs. Richard Stevenson have submitted an application to the Building Inspector to allow the con- struction of an addition reducing the nonconforming set- back of 30.43 feet to 22 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 the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-32 Sub- section B (1) "Construction Requirements for R-15 One Fam- ily Residence District" which requires a minimum front set- back of 40 feet on the premises located at 51 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 205 Parcel 20; and WHEREAS Dr. and Mrs. Richard Stevenson have submitted an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following rea- sons: 1. The curving street causes a change in the nonconform- ing setback from the stree t. 7 October 23, 1985 2. An office downstairs is desired by Dr. Stevenson, a psychiatrist, for his practice. 3. The house has 3 bedrooms, the Stevensons have 3 chil- dren, and they want a master bedroom and bath for themselves above the office. WHEREAS this Board has examined the plans, reviewed the application, and has heard all persons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED that this Board granted the applica- tion on the following grounds: (a) That there are special circumstances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not re- sulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances or conditions are as follows: 1. The curving street causes a change in the non- conforming setback with the addition. 2. Dr. Stevenson, a psychiatrist, desires an office in his home for his practice, for which the area is zoned. 3. The house has 3 bedrooms, there are 3 Stevenson children, and Dr. and Mrs. Stevenson want a master bedroom and bath for themselves. 4. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-32 Subsection B (1) "Construction Requirements for 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 is a minimal 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. 6. There was no opposition from the neighbors who are in the closest proximity; and it is FURTHER RESOLVED that a variance is hereby granted and that Article VI Section 89-32 Subsection B (1) "Construction Requirements for R-15 One Family Residence District" be varied and modified so as to allow the construction of an addition at the side of the dwell- ing, reducing the nonconforming setback of 30.43 feet to 22 feet on the premises located at 51 Mohegan Road and known on the Tax October 23, 1985 Assessment Map of the Town of Mamaroneck as Block 205 Parcel 20;and it is FURTHER RESOLVED that the off-street parking requirement for a professional office (Article XI Section 89-66 (A) ) be and hereby is waived upon condition that there be no employees in the pro- fessional office and upon further condition that a modified land- scaping plan be submitted to the Building Department; and it is FURTHER RESOLVED that the applicant must reapply for a variance if the professional office use on the premises employs any per- son other than Dr. Richard Stevenson; and it is FURTHER RESOLVED that the waiver of the off-street parking re- quirement is personal to the applicant for professional office use by Dr. Richard Stevenson and an application for a variance must be filed if the office is used by anyone other than Dr. Richard Stevenson; and it is FURTHER RESOLVED that the applicant shall comply in all other respects with the plans filed with this application and with these October 23, 1985, Zoning Board minutes; and it is FURTHER RESOLVED, that in accordance with the Rules and Regu- lations of the Zoning Ordinance, when 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 build- ing 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. The Chairman read the seventh application. APPLICATION NO. 7 - CASE 711 Application of Mr. Edward Cunningham for modification of Article VI Section 89-34 Subsection B (1) "Construction Requirements for R7.5 Residence District" which requires a minimum front setback of 30 feet to maintain an addition at the front of the dwelling having a non- conforming setback of 27.2 feet on the premises located at 16 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 196 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Boraczek read two letters from supporting neighbors: David and Maryanne Tashjian, 10 Villa Road, and William W. Byrne, 19 Villa Road, which will be made a part of the record. Mr. Cunningham stated that the work was already done, and he was 4:: obtaining a building permit because of the Building Inspector. The work was structurally necessary, besides improving the appearance of the house. Mrs. Price moved that this was a Type II action with no significant impact on the environment so an Env ironmental Impact Statement ment was not necessary. The motion was seconded, and all voted in favor. October 23, 1985 Mr. Boraczek moved to approve the application as presented to the Board, which was seconded, with all members voting in favor, and the following resolution was adopted: WHEREAS Mr. Edward Cunningham has submitted an application to the Building Inspector to permit an addition to the front of the garage, reducing the existing conforming setback from 30 feet to 27.2 feet; and WHEREAS the Building Inspector has refused to issue such per- mit 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 VI Section 89-34 Subsection B (1) "Construction Requirements for R 7.5 Residence District" which requires a minimum front setback of 30 feet on the premises located at 16 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 196; and WHEREAS Mr. Edward Cunningham has submitted an application for a variance to this Board on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The work was structurally necessary. 2. The structural changes improved the appearance of the garage/house. 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 applica- tion on the following grounds: (a) That there are special circumstances and conditions apply- ing to the land for which a variance is sought, which cir- cumstances and/or conditions resulted from the unknowing act of the applicant prior to the date of the Zoning Regu- lations appealed from. (b) That the said circumstances or conditions are as follows: 1. The structure around the garage door was in need of repair, as well as the front of the garage. 2. The repairs were more easily done by extending the walls outward. 3. Such repairs facilitated improving the appearance of the exterior of the garage. 4. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-34 Subsection B (1) "Construction Requirements for R 7.5 Residence Dis- trict" would deprive the applicant of the reasonable use of the land and/or building and that the variance is October 23, 1985 as granted by this Board is a minimum adjustment that will accomplish this purpose. 5. There was no opposition from the neighbors who are in the closest proximity. 6. 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 neigh- borhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that a variance is hereby granted and that Article VI Section 89-34 Subsection B (1) "Construction Requirements for R 7.5 Residence District" be varied and modified so as to allow the construction of an addition to the front of the garage reduc- ing the existing conforming setback of 30 feet to a nonconforming setback of 27.2 feet on the premises located at 16 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 196 in strict conformance with plans filed with this application, provided that the applicant has complied in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT 4E: There being no further business to come before adjourned at 10:55 P.M. this meeting, it was tom✓` >(ah-1--" Jane H. Marion / I