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HomeMy WebLinkAbout2020_07_22 Zoning Board of Appeals Minutes THE MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD REMOTELY Via ZOOM ON JULY 22, 2020 Present Via ZOOM: Irene O’Neill, Acting Chair, Jonathan Sacks, Stephen Marsh, Robin Nichinsky, Seth Bronheim (Alternate), Also Present Via Zoom: Richard Polcari, Building Inspector, Lisa Hochman, Counsel to the Zoning Board of Appeals, Abby Katz, Town Board Liaison Absent: Arthur Wexler, Carol Miller CALL TO ORDER The meeting was called to order at 7:15 P.M. Ms. O’Neill stated that tonight’s meeting has been convened in accordance with the Governor’s Executive Order 202.1, as extended, which suspends certain provisions of the Open Meetings Law to allow municipal boards to convene meetings via videoconferencing. She asked the Zoning Board Secretary to confirm that tonight’s meeting had been duly noticed. Ms. Brill so confirmed. Ms. Hochman stated that members of the public received notice on how to view and participate in tonight’s meeting on TV and online. She stated that this meeting is being broadcast live on LMC-TV (channel 35 on FIOS; channel 76 on Optimum) and online at LMCTV.org, and that a transcript will be provided at a later date. Ms. Brill called the roll and the Chair announced that there was a quorum present (via ZOOM). Members of the Town staff and consultants identified themselves for viewers. APPLICATION #1 – CASE # 3173 – 2155 Palmer Avenue – Westchester Automobile Co. (ACURA) – Public Hearing continued Jonathan Villani, the applicant’s representative, addressed the Board stating that nothing has changed. Ms. O’Neill stated that the Board received a letter from the Chairman of the Board of Architectural Review stating that it is aesthetically acceptable. Mr. Polcari made an announcement inviting members of the public to comment but no one responded. There were no emails from members of the public concerning this application. The Board discussed the draft resolution and modifications were made. Robin Nichinsky stated that last month the Board received letters from neighbors voicing concerns about parking (not regarding signs) which will be heard by the Planning Board in connection with the applicant’s site plan review application. 1 Motion: To close the public hearing Action: Unanimously Approved Moved by Irene O’Neill, seconded by Jonathan Sacks Motion: To approve the resolution with modifications Action: Unanimously Approved Moved by Jonathan Sacks, seconded by Irene O’Neill RESOLUTION 2155 Palmer Avenue Westchester Automobile Co. (Acura) After review, on motion of Irene O’Neill, seconded by Jonathan Sacks, the following resolution was proposed and ADOPTED by a vote of 5 to 0 with no abstentions. Ayes: Irene O’Neill, Jonathan Sacks, Stephen Marsh, Robin Nichinsky, Seth Bronheim Nays: None WHEREAS, Westchester Automobile Co./Acura (the “Applicant”) requested a variance to legalize signs for the automobile dealership on the premises located at 2155 Palmer Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 5, Block 1, Lot 1; and WHEREAS, the Building Inspector declined to issue such permit on the following grounds: The existing private traffic signs ( ≤ 3 square feet is permitted, 4.5 square feet proposed for three (3) Private traffic signs) are not permitted pursuant to Section 175-6K, the 4 interior illuminated signs are not permitted pursuant to Section 175-12C, and off-street loading is not permitted pursuant to Section 240-82 C: and further they increase the extent by which the property is nonconforming pursuant to Section 240-69 in an B-R Zone District (the “Notice of Disapproval”); and WHEREAS, the Building Inspector issued a revised Notice of Disapproval dated July 16, 2020 which stated as follows: The 3 existing private traffic signs are 7.5 square feet each where ≤3 square feet each is permitted pursuant to Section 175-6K, furthermore the interior illumination of signs is not permitted (4 interior illuminated existing signs) pursuant to Section 175-12C, and further they increase the extent by which the property is nonconforming pursuant to Section 240- 69 in an B-R Zone District; and WHEREAS, the Applicant submitted to this Board an application for relief from the requirements from the Zoning Code; and WHEREAS, the Town Board of Architectural Review reviewed the application at its regular meeting on December 16, 2019 and issued a letter to the Board dated July 2, 2020 stating that the 2 existing internal illuminated signage is “aesthetically acceptable” and recommended its continued use (hereinafter referred to as the “BAR Letter”); and WHEREAS, the Board examined the plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a public hearing thereon; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR§ 617 et. seq. and accordingly, no further action under SEQRA is required, and WHEREAS, the Zoning Board of the town of Mamaroneck makes the following findings as required; and A. The Board finds that the benefit to the applicant from the granting of the variance outweighs any detriment to the health, safety and welfare of the neighborhood or community. In reaching this conclusion, the Board considered the following factors. i. Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by granting of the variance. The Board finds that granting the variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the illuminated signs face a commercial strip along Palmer Avenue, are consistent with other nearby commercial signage and have existed without any complaint by neighboring residents. In addition, the BAR Letter stated that the signage is aesthetically acceptable. ii. Whether the benefit sought by the applicant can be achieved by some means feasible to the applicants other than an area variance. The Board finds that the benefit sought by the applicant cannot be achieved by some method feasible to the applicant not requiring a variance because the entrance and exit signs need to be visible to drivers in darkness and the business sign already exists and has been deemed unobjectionable by Board members, neighbors and the Town Board of Architectural Review. iii. Whether the area variance is substantial. The Board finds that the variance is not substantial because it adds no bulk to the site and the degree of lighting to illuminate the signs is not considered objectionable. iv. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood. 3 The Board finds that the variance will not adversely impact the local physical or environmental conditions because it has existed without complaint for 30 years, will not add any bulk to the site and the internal illumination of the signs apparently causes no impacts to neighbors. v. Whether the difficulty is self-created. The Board finds that the difficulty is self-created, but that this factor is not determinative under the circumstances presented. B. For the reasons stated above, the granting of the variance is in harmony with the general purposes and intent of the Town of Mamaroneck Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. C. For reasons stated above, the variance is the minimum necessary to alleviate the difficulty detailed in the application yet also preserves and protects the character of the neighborhood and the health safety and welfare of the community. NOW, THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 1. This variance is limited to the construction shown on the submitted plans as conditioned and/or modified in accordance with the direction of the Board as agreed to by the Applicant. 2. The Applicant shall submit plans reflecting any conditions or modifications as above for the review and approval by the Building Inspector prior to the granting of the building permit. 3. The Applicant shall obtain a building permit within (6) months of the filing of this resolution. 4. The building permit shall be void if construction is not started within (6) months. 5. Construction shall be in compliance with the plans submitted in connection with this application, as conditioned or modified pursuant to the direction of the Board. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Code. MINUTES The minutes of June 24, were discussed and technical corrections made. Motion: To approve the minutes of June 24, 2020 with technical corrections Action: Approved 4 Moved by Jonathan Sacks, seconded by Irene O’Neill Vote: Yes: Irene O’Neill, Jonathan Sacks, Robin Nichinsky, Seth Bronheim Abstain: Stephen Marsh ADJOURNMENT The meeting was adjourned at 7:34 P.M. Minutes prepared by ____________________________ Francine M. Brill Zoning Board of Appeals Secretary 5