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HomeMy WebLinkAbout1988_01_27 Zoning Board of Appeals Minutes le MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JANUARY 27, 1988,IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Chairwoman Price at 8:17 P.M. ROLL CALL Present: Elaine Price, Chairwoman Thomas E. Gunther J. Rene Simon Arthur Wexler Absent: Patrick B. Kelleher Also Present: Joel Negrin, Incoming Chairman, Zoning Board Willam E. Jakubowski, Town Building Inspector Edward M.Lieberman, Town Counsel Joseph Jacoby, Public Stenographer 41111 J & L Reporting Service 180 East Post Road White Plains, New York Bonnie M. Burdick, Recording Secretary APPLICATION NO. 1 - CASE 821 The Recording Secretary read the application as follows: Application of Doris E. Keiser requesting a variance from Article VI Section 89-30 B(2) (a & b) to reduce one side from 20 feet required to 5 feet 7 inches and also to reduce the total both side yards from 50 feet required to 15 feet 7 inches in an R-30 Zone District, to maintain a plant arbor on the premises located at 22 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 152. Mrs. Price excused herself from the discussion and decision as she is a neighbor and friend of the applicant. She asked Mr. Simon to chair the meeting in her absence. Mrs. Keiser appeared in support of the application. She stated that the arbor had been built 31 years ago by her former husband, an architect, to protect their small childrem from falling down an incline and to hold plants. The Keisers were under the impression that no variance was L necessary. Zoning on Rock Ridge Road has recently been changed from R-7.5 to R-30. Mrs. Keiser showed the Board pictures of the arbor, its attendant planting and sight lines, and her plans for making the structure smaller. January 27, 1988 On motion by Mr. Simon, seconded by Mr. Wexler, it was unanimously RESOLVED, that this is a Type II action having no significant impact on the environment as determined by New York State Department of Environmental Conservation or corresponding local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Gunther, seconded by Mr. Wexler, the Board adopted the following Resolution: WHEREAS, Doris E. Keiser has submitted an application to the Building Inspector, together with plans , to allow to remain a plant arbor; 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 89-30 B (2) (a & b) on the premises located at 22 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 152; and 0 WHEREAS, Mrs. Keiser has submitted an appliction for a variance to this Board on the grounds that it is of a diminimous nature for the following reasons: 1. The arbor, built 31 years ago, will be altered to ensure fire saftey for the neighbor's garage. 0 2. The structure was originally built to block small children from a dangerous incline. 3. The view from the house of the plantings on and near the arbor is extremely pleasing esthetically. WHEREAS, this Board has examined the plans, reviewed the appliction 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 circumstance and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. -2- January 27, 1988 1111 B. That the said circumstances and/or conditions are as follows: 1. That the said circumstances are such that the particular application of the Zoning Ordinance, with respect to Article VI Section 89-30 B (2) (a & b), would deprive the applicant of the reasonable • use of the land and/or building and that the variance granted by this Board is a minimal adjustment that will accomplish this purpose. 2. That the proposed application 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 FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-30 B(2) (a & b) be varied and modified to allow to remain a plant arbor on the premises located at 22 Roch Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 152 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 4 FURTHER RESOLVED, that in accordance with the rules and regulations of the Zoning Ordinance, when a variance is granted, the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk. And 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 it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 2 - CASE 819 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Joel Leichter requesting a variance from Article XI Section 86-67 B for the development and use of an unenclosed off-street parking area (for two vehicles) within 25 feet of a front lot line, prohibited in any residence district; and further requesting a variance from Article I Section 89-3 to reduce the depth of each parking space from 20 feet required to 15 feet and 18 feet respectively, on the -3- January 27, 1988 • premises located at 202 East Garden Road 1aand dakknown l 9on the Tax Assessment ® Map of the Town of Mamaroneck as Block 1. Mrs. Price noted that the Leichters' neighbors, Mr. and Mrs. Adner, had an application, No. 6, for the same issue and asked whether there was • anything concerning this application that was under Court litigation. Mr. i Leichter said that a Temporary Restraining Order prohibiting parking the top of the driveway had been vacated and submitted the decision to the Board. Mr. Adner said he was still seeking a Permanent Restraining Order to clarify the situation. Because the issue was before a Court, it was felt the the Board should adjourn into executive session. Therefore, on motion by Mrs. Price, seconded by Mr. Gunther, the meeting was temporarily adjourned at 9:05 P.M. At 9:40 P.M. , the Board returned and re-opened the meeting. Mrs. Price apologized to the audience for the delay. She stated that the Board had decided to adjourn Applications Nos. 2 & 6 until the February meeting. She asked that the two applicants'attorneys work with Mr. Lieberman and said that the Board needed to do further research as it had just received the most recent Court decision. Therefore, on motion by Mrs. Price, seconded by Mr. Simon, Applications CNos. 2 & 6 were adjourned for one month until the February meeting. APPLICATION NO. 3 - CASE 823 4 The Recording Secreatry read the following application. Applicaton of Mrs. Susan Hirshfield requesting a variance from Article VI Section 89-33 B(3) to reduce the rear yard from 25.0 feet required to 20.50 feet, in an R-10 Zone District, for the proposed construction of a rear deck on the premises located at 58 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 146. 4 Mrs. Hirshfield appeared on behalf of the application. She explained that her family of five had recently had to move to smaller quarters. The existing deck was not in conformance because it did not have footings. 1 She proposed building a new deck 12 feet wide, in line with the rest of the house with three steps down from it. Mrs. Hirshfield has an elderly father and an old grandfater who would benefit from using such a deck which would be placed off of the kitchen. On motion by Mrs. Price, seconded by Mr. Simon, it was unanimously RESOLVED, that this is a Type II Action which has no significant impact on the environment as determined by New York State Department of Environmental Conservation or corresponding local law, therefore requiring no further action under SEQR. -4- January 27 , 1988 Thereafter, on motion by Mr. Simon, seconded by Mr. Wexler, the following Resolution was unanimously adopted: WHEREAS, Mrs. Susan Hirshfield has submitted an application to the Building Inspector, together with plans, to allow the construction of a deck; 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 B(3) on the premises located at 58 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 146; and WHEREAS, Mrs. Hirshfield submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. A non-conforming, unsafe deck was in existence at the time of the purchase of the house. ' (ar 2. The deck adds a dimension of expansion to a small house which is home for a large family. 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 anP/or conditions subsequenthave tonot theresulted of from any acts of the applicant the Zoning Regulations appealed from. B. That the said circumstances and/or conditions are as follows: 1. That said circumstances and/or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-33B (3) would deprive the applcant of the reasonable use of the land and/or building and that the 4Lw . ' variance as granted by the Board will accomplish this purpose. 2. That the proposed addition is a moderate request. I -5- January 27, 1988 • 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 FURTHER RESOLVED, that a variance is hereby granted and Article VI Section 89-33 B(3) be varied and modified so as to allow the erection of a deck on the premises located at 58 Holly Plance and known on the Tax Assessment of the Town of Mamaroneck as Block 223 Parcel 146 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 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 824 IThe Recording Secretary read the application as follows: Application of Mr. Charles C. Bradford requesting a variance from Article VI Section 89-33 B(3) to reduce the rear yard from 25.0 feet required to 6.67 feet, in an R-10 Zone District, for the proposed construction of a rear deck on the premises located at 6 Rouken Glen -South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 262. Mr. and Mrs. Bradford appeared on behalf of their application. They I have recently remodeled their kitchen and breakfast room and want to add a small deck in that area of the house. The yard is not usable because it has an irregular terrain. It is protected from neighbors by many shrubs and tall tress. Attached to the application were favorable letters from adjacent neighbors. On motion by Mrs. Price, seconded by Mr. Simon, it was unanimusly RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State Department of Environmental Conservation or corresponding local law therefore requiring no further action under SEQR. -6- January 27, 1988 111111, Thereafter, on motion by Mr. Wexler, seconded by Mr. Simon, the following Resolution was unanimously adopted: WHEREAS, Mr. Charles C. Bradford submitted an application to the Building Inspector, together with plans, to erect a deck; and WHEREAS,the Building Inspector has refused to issue such permit on the grounds tha the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-33 B(3) on the premises located at 6 Rouken Glen - South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 262; and WHEREAS, Mr. Bradford 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 currently has a small lot with irregular terrain. I C 2. The deck would have little impact on the neighbors as the yard is sheltered by shrubs and trees. 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 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 89-33B (3) 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. -7- January 27, 1988 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 FURTHER RESOLVED, that a variance is hereby granted and Article VI Section 89-33 B(3) be varied and modified so as to allow the erection of a deck on the premises located at 6 Rouken Glen - South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 262 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 it is FURTHER RESOLVED, that this decision be filed with the Town Clerk (110 as provided in Section 267 of the Town Law. APPLICATION NO. 5 - CASE 825 The Recording Secretary read the application as follows. Application of Derek and Alice Whieeler requesting a variance from Article VI Section 89-35 B (2) (a) & (b) to reduce one side yard from 8 feet required to 6 feet, existing, and also to reduce the total (both) side yards from 18 feet required to 14 feet, existing, in an R-6 Zone District, and for a variance from the provisions of Section 89-56 (A) to permit the enlargement of a nonconforming building or structure, for the proposed construction of a second floor dormer on the premises located at 45 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 543. Mr. and Mrs. Wheeler appeared in support of their application. The Wheelers recently moved to Larchmont from Syracuse and are living in a family house. They had found prices in the area to be much higher than those in upper New York state. The house in question has two bedrooms. The Wheelers have two children and may have more. They would like a guest room,also. Mr. Wexler commented that the proposed dormer would be a "minimal, 1 minimal" variance. -8- January 27 , 1988 14111, Herman Knief of 43 Myrtle Boulevard was in the audience and was in favor of the application. On motion by Mrs. Price, seconded by Mr. Wexler, it was unanimously RESOLVED, that this is a Type II Action which has no significant impact on the environment as determined by New York State Department of Environmental Conservation or corresponding local law, therefore requiring no further action under SEQR. Thereafter, on motion by Mr. Gunther, seconded by Mrs. Price, the following resolution was unanimously approved: WHEREAS, Derek and Alice Wheeler submitted an application to the Building Inspector, together with plans, to reduce one side yard and the total of both side yards and to enlarge a non-conforming structure by constructing a second floor dormer; and WHEREAS, the Buidling 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 B (2)(a) & (b) and Section 89-56 (A) on the premises located at 45 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 543; and WHEREAS, Mr. and Mrs. Wheeler submitted an applcation for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. The house is small,with only two bedrooms, and the Wheelers wish to add to the number of bedrooms. 2. The Wheelers have recently moved to the area. They found housing costs to be very high and felt that this minimal addition would be an economical way to house their current family of four. 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 It following grounds: are special circumstances and conditions � A. That there p applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted 04 -9- January Li , i oo from any acts of the applicants 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 B(2)(a) & (b) and Section 89-56 (A) would deprive the applicants of the reasonable use for 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 FURTHER RESOLVED, that a variance is hereby granted and Article VI Section 89-35 B(2)(a) & (b) and Section 89-56 (A) be varied ® and modified so as to allow the reduction of one side yard and the total of both side yards and the construction of a second floor dormer on the premises located at 45 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 543 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 Ordiance where a variance is granted, the applicants 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 it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. NEXT MEETING II; The next meeting of the Zoning Board was set for Tuesday, February 23, 1988. 111 -10- January 27, 1988 NEW CHAIRMAN Mrs. Price introduced to the Board its new Chairman, Joel Negrin. FAREWELL On motion by Mr. Wexler, seconded by Mr. Simon, the Board unanimously extended Mrs. Price luck and success in her new job as Town Councilwoman. ADJOURNMENT On motion by Mrs. Price, seconded by Mr. Simon, the Board unanimously moved to adjourn at 10:28 P.M. _ 4. Bonnie M. Burdick Recording Secretary NO -11-