Loading...
HomeMy WebLinkAbout1986_09_24 Zoning Board of Appeals Minutes I MINUTES OF A REGULAR MEETING OF THE Z ONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK SEPTEMBER 24, 1986, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD, 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 was not present at this meeting. Also Present: Lee A. Hoffman, Jr., 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 APPROVAL OF THE MINUTES On motion by Mr. Simon, seconded by Mr. Kelleher, the Minutes of August 27, 1986 were unanimously approved. SCHEDULING The Chairwoman stated the next meeting of the Zoning Board of Appeals would be held on October 22, 1986. • September 24, 1986 APPLICATION NO. 1 - CASE 748 (This application was continued from the meeting of August 27, 1986.) The Recording Secretary read the application as follows: Application of Dr. & Mrs. M. Freilich for modification of • Article VI Section 89-34 Subsection B (2) (a) "Construction Requirements for R-7.5 One Family District" which requires a minimum side yard of 10 feet to allow the construction of a One (1) Story Addition to the side of dwelling which will maintain nonconforming side yard of 7.0 feet on the premises located at 1 Glen Eagles Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Dr. Freilich presented his application and stated that his present kitchen was extremely small and the proposed addition would create a larger kitchen area. He then submitted a letter from David and Ellen Freeman, 5 Glen Eagles Drive, wherein they stated that they had no objection to the proposed addition. After several questions from the Board, Mrs. Price stated that this was declared a Type II Action at the previous meeting. Thereafter, on motion of Mr. Wexler, seconded by Mr. Simon, the Board unanimously adopted the following resolution: WHEREAS, Dr. and Mrs. Freilich submitted an • application to the Building Inspector to allow the construction of a One (1) Story Addition at the side of dwelling which will maintain nonconforming side yard setback of 7.0 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 89-34, 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 1 Glen Eagles Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 1; and - 2 September 24, 1986 WHEREAS, Dr. and Mrs. Freilich 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 present kitchen is extremely small. 2. The proposed addition would increase the size of the kitchen and provide more livable area. 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 Z oning 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 the variance as granted by this Board is a minimal 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 - 3 - September 24, 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 One Story Addition to the side of dwelling which will maintain nonconforming side yard setback of 7.0 feet instead of the required minimum side yard setback of 10 feet on the premises located at 1 Glen Eagles Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 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 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. 2 - CASE 751 (This application was adjourned from the meeting of August 27, 1986.) The Recording Secretary read the application as follows: Application of Mr. Albert Codino for modification of Article VI Section 89-34 Subsection B (2) (c) "Construction Requirements for R-7.5 One Family District" which requires a minimum side yard setback of 10 feet unless accessory structure is located on rear one-third of lot to allow the ® construction of a Two-Car Residential Garage located in front two-thirds of lot having a minimum side yard setback of 3.28 feet on the premises located at 75 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 276 on the grounds of practical difficulty and/or unnecessary hardship. - 4 - September 24, 1986 The builder, Steve Chiapparelli, of 408 Rushmore Avenue, Mamaroneck, presented the application again and stated that the garage would replace the previous one that had been damaged by a storm and that the dimensions of the proposed garage were reduced but that the location could not be altered because of the necessary swing required to maneuver the cars. Mr. Chiapparelli then submitted letters in favor of the application from the residents of 15 Overlook Terrace; 2 Leafy Lane; 83, 85, and 87 Edgewood Avenue; 61, 63, 69, 71 and 81 Murray Avenue. After several questions from the Board, Mrs. Price moved that this be considered a Type II Action requiring no further Environmental Impact Study. Mr. Simon seconded the motion and it was unanimously approved by the Board. Thereafter, on motion of Mr. Kelleher, seconded by Mr. Wexler, the Board unanimously adopted the following resolution: WHEREAS, Mr. Albert Codino submitted an appli- cation to the Building Inspector to allow the construction of a Two-Car Residential Garage located in front two-thirds of lot, 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 89-34, Subsection B (2) (c) "Construction Requirements for R-7.5 One Family District" which requires a minimum side yard setback of 10 feet on the premises located at 75 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 276; and WHEREAS, Mr. Codino 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. That the proposed garage will replace the one damaged by a storm - 5 September 24, 1986 2. That due to the configuation of the land and the relative access to the home, the garage must be placed in a specific location. 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 460 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) (c) "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 - 6 September 24, 1986 FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Subsection B (2) (c) "Construction Requirements for an R-7.5 One Family District" be varied and modified so as to allow the construction of a Two-Car Residential Garage which will have a side yard setback of 3.28 feet instead of the required setback of 10 feet on the premises located at 75 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 276 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. APPLICATION NO. 3 - CASE 752 The Recording Secretary read the application as follows: Application of Sarah Maude Hecker for modification of Article XI Section 89-67 B "Layout and Location of Off-Street Parking Facilities" which restricts the development of off-street parking areas within 25 feet of front property line to allow the installation of 18'3" x 15'4" Off-Street Parking area having a front setback of 0 feet from Briarcliff Road, instead of the required 25 foot front setback on the premises located at 72 Briarcliff Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 118 on the grounds of practical difficulty and/or unnecessary hardship. - 7 - September 24, 1986 Ms. Hecker presented the application and stated that her family had to constantly jockey the cars in the driveway and that the proposed parking area would eliminate that and also that the area would only be temporary and not paved as a permanent spot. She added that no trees would be disturbed in the process of spreading gravel or installing railroad ties. The Chairwoman read letters in opposition to the appli- cation from the residents of 26 Crescent Road, and 45 and 77 Briarcliff Road. She then read a letter from the resident of 74 Briarcliff Road wherein it was stated that he had no objection to the off-street parking provided it be set well back off the street so as not to detract from the environment of the neighborhood. Mrs. Mayer of Briarcliff Road appeared and questioned how the parking area could be accessed without cutting down tress to which Ms. Hecker explained the proposal and then showed her pictures of the area. Then Mr. Mayer stated that he had no objection to the proposed parking area if Ms. Hecker was willing to plant 6 foot shrubbery surround- ing the area. Margaret Earlinson of 71 Briarcliff Road appeared in opposition to the application and stated that putting a parking lot on a front lawn would be a disgrace to the area. Mrs. Peterson of 65 Briarcliff Road also appeared in opposition to the application and stated that she was against having a car parked almost on the narrow street. After further discussion, 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 of Mr. Simon to deny the application, seconded by Mr. Kelleher, with Mr. Wexler voting nay, the Board adopted the following resolution: WHEREAS, Ms. Sarah Maude Hecker submitted an application to the Building Inspector to allow the construction of an off-street parking area at the front of dwelling, together with plans; and - 8 - September 24, 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 particular reference to Article XI Section 89-67 B "Layout of Off-Street Parking Facilities" which restricts the development of off-street parking areas within twenty-five (25) feet of front property line on the premises located at 72 Briarcliff Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 118; and WHEREAS, Ms. Hecker 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 additional parking is needed because of the number of cars in the family. 2. The proposed parking area would only be temporary in nature. 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. 2. The applicant failed to show that another location could not be used for said parking area. 3. The addition of a parking area as proposed did not justify the impact it would have on the neighbors. 4. The neighborhood street is too narrow to warrant such an off-street parking area at the proposed location. - 9 - September 24, 1986 5. That the practical difficulties and/or unnecessary hardships applying to the land for which the variance is sought have not been established. 6. That said circumstances or conditions are not such that the particular application of the Zoning Ordinance with respect to Article XI Section 89-67-B "Layout and Location of Off- : Street Parking Facilities" would deprive the applicant of the reasonable use of the land. 7. 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 753 Application of Mr. & Mrs. Edward Van Valen for modification of Article VI Section 89-34 Subsection B (3) "Construction Requirements for R-7.5 One Family District" which requires a minimum rear yard of 25 feet to allow the construction of a Wood Deck at rear of dwelling which will maintain the existing rear yard setback of 16'5" on the premises located at 20 Hillside Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 162 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Edward Van Valen presented his application and stated that his yard was very shady and damp thus making it very difficult for his children to play in the area and he requested that he be permitted to install a very low deck in the rear of his home. After further discussion, Mrs. Price moved that this be considered a Type II Action requiring no further Environ- mental Study. Mr. Simon seconded the motion and it was unanimously approved by the Board. - 10 September 24, 1986 Thereafter, on motion of Mrs. Price, seconded by Mr. Kelleher, the Board unanimously adopted the following resolution: WHEREAS, Mr. and Mrs. Edward Van Valen submitted an application to the Building Inspector to allow the construction of a Wooden Deck at rear of dwelling which will maintain existing rear yard setback of 16'5", 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 Z oning Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-34, Subsection B (3) "Construction Requirements for R-7.5 One Family District" which requires a minimum rear yard setback of 25 feet on the premises located at 20 Hillside Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 162; and WHEREAS, Mr. and Mrs. Van Valen 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 children are very young and cannot play in the muddy area. 2. That due to the shady circumstances, grass cannot be grow in this area. 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 Cand/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. - 11 - September 24, 1986 (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 (3) "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 proposal is a moderate request. 3. That the Van Valen family has young children and the proposed deck would provide a better recreational area for them. 4. That the proposed deck would prevent further erosion of the property. 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 VI Section 89-34 Subsection B (3) "Construction Requirements for an R-7.5 One Family District" be varied and modified so as to allow the construction of a Wooden Deck at the rear of dwelling which will maintain existing rear yard setback of 16'5" instead of the required 25 feet on the premises located at 20 Hillside Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 162 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 - 12 September 24, 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. At this time, The Chairwoman stated that Wally Irwin, Jr., a representative of the Coastal Zone Management Commission, would be present at the next Board meeting to discuss various items concerning the CL M, especially the new Freshwater Wetlands and Water Courses Permits. ADJOURNMENT There being no further business to come before the Board, Mr. Simon moved to adjourn the meeting. Mr. Kelleher seconded the motion, and the meeting was unanimously adjourned at 9:50 P.M. Jean A. Marra Recording Secretary - 13 -