HomeMy WebLinkAbout2002_07_23 Zoning Board of Appeals Minutes
MINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
JULY 23, 2002 IN THE SENIOR CENTER, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Thomas E. Gunther, Chairman
Linda S. Harrington
Jillian A. Martin
Arthur Wexler
Paul A. Winick
Also Present: Robert S. Davis, Counsel
Ronald A. Carpaneto, Director of Building
Denise Carbone, Public Stenographer
Carbone & Associates, LTD
111 N. Central Park Avenue
Hartsdale, New York 10530
Marguerite Roma, Recording Secretary
CALL TO ORDER
The meeting was called to order by Chairman Gunther at 8:00 p.m.
APPROVAL OF MINUTES
There was no discussion regarding open Minutes.
APPLICATION NO. 1 - CASE NO. 2511 (adjourned 6/26/02) Joy and Robert
Greenberg 19 West Drive
Joy Greenberg the applicant addressed the Board requesting a variance for two air
conditioning condenser units on the north side of the house which faces the park, as
opposed to the adjoining neighbor.
The Board discussed the location of the units.
There were no questions or comments from the Board or the public.
On motion of Mr. Gunther, seconded by Mr. Winick, the following resolution was
proposed and ADOPTED unanimously, 5-0
Zoning Board
July 23, 2002
Page 2
RESOLVED, that this is a Type II action having no significant impact on the
environment pursuant to 6NYCRR §617 et seq. Accordingly, no further action under
SEQRA is required.
On motion of Mr. Winick, seconded by Ms. Martin, the following resolution was
ADOPTED.
WHEREAS, Joy and Robert Greenberg have submitted an application to the
Building Inspector, together with plans to install air conditioning condenser units on the
premises located at 19 West Drive and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 107, Lot 40. The air conditioning units as proposed have a yard
of 6.1 ft. where 10 ft. is required pursuant to Section 240-37B(2)(a); a rear yard of 10.3 ft.
where 25 ft. is required pursuant to Section 240-37B(3); and further, the units would
increase the extent by which the building is nonconforming pursuant to Section 240-69
for a residence in an R-10 Zone District; and
WHEREAS the Building Inspector has declined to issue such permit on the
grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning
Ordinance with particular reference to Section 240-37B(2)(a), Section 240-37B(3),
Section 240-69; and
WHEREAS, Joy and Robert Greenberg submitted an application for a variance to
this Board for the reasons set forth in such application; and
WHEREAS, this Board has 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 hearing thereon; and
WHEREAS, the Zoning Board of the Town of Mamaroneck makes the following
findings as required by New York State Town Law §267-b:
1. 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;
A. The side of the house on which the applicants intend to locate the air
conditioners, and in fact where they’re located now, faces the
Leatherstocking Trail. In consequence, reflected noise and any visual
impact from the air conditioning unit does not affect any neighbor or
resident. In fact, the air conditioners unit is not visible from the street.
B. The Board had previously rejected the placement of the condenser units
on the east side of the house, because of a concern of their impact on the
property. With this new proposal, any impact on the adjoining house id
negated;
Zoning Board
July 23, 2002
Page 3
C. Given the shape of the lot, there is no reasonable alternative which does
not require an area variance;
D. Nor is the variance substantial. The condensers are fairly small. In fact,
they have been there functioning for a while without complaints. The
reason for the variance is to move them out from under the deck where
they can function properly;
E. This is not a self-created difficulty. The condition is caused by the shape
of the lot and as such, is not the fault of applicant in any way;
F. The granting of this 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;
G. 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 health, safety and welfare of the community;
H. The strict application of the Zoning Ordinance and the Town Code would
deprive the applicants of the reasonable use of the land/or building, and
the variance granted by this Board will enable such reasonable use.
NOW, THEREFORE, BE IT
RESOLVED, that the subject application be and the same is granted, subject to
the following conditions:
1. This variance authorizes the construction as shown on the plans presented
and no other.
2. The applicant shall obtain a building permit within (6) months of the filing
of this Resolution.
3. The building permit shall be void if construction is not started within six
(6) months and completed within two (2) years of the date of the permit.
4. Construction shall be in substantial compliance with the plans submitted in
connection with this application.
This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the
Town Law.
The applicant was told to see the Building Department during regular business hours for a
building permit.
APPLICATION No. 2 Case No. 2471 (adjourned 10/24/01, 11/28/01, 12/19/01, 2/26/02, 4/4/02,
4/24/02, 5/22/02, 6/26/02) Fred Freidman/Ann M. Woods 4 High Ridge Road
Mr. Carpaneto stated that the applicant requested an adjournment by letter dated July 22,
2002 in order to get more information.
Zoning Board
July 23, 2002
Page 4
Michael Riata of 187 Hickory Grove Drive stated that this application has been adjourned
so many times and it is an inconvience to the neighbors who are concerned with the fence
and its maintenance.
Jane Lebowitz of 189 Hickory Grove Drive stated that 7 out of 8 meetings all but 2 have
been adjourned and that she would not be able to attend the next meeting.
Mr. Gunther stated that Ms. Lebowitz could write a letter to the Board to be read into the
record at the next meeting.
There were no other questions or comments.
On motion of Mr. Gunther, seconded by Ms. Martin it was unanimously
RESOLVED, that the Public Hearing of case #2471 be, and hereby is, adjourned
to the next Zoning Board meeting.
APPLICATION No. 3. Case No. 2503 Dr. & Mrs. Albert Krammer 267 Griffen
Avenue (adjourned 6/26/02)
Dr. Kramer the applicant addressed the Board.
Mr. Gunther read a letter from Mr. Gennarelli, the Highway Superintendent into the
record “ The Town of Mamaroneck does not routinely grant requests for the placement of
obstructions in the Town right-of-way. Therefore, any requests to plant or erect
screening at the above mentioned location cannot be approved.”
Dr. Kramer stated that the fence was installed on what he uses as his rear yard although it
fronts on Old White Plains Road. He stated that he could either plant ivy along the fence,
to minimize its white expanse, or shorten it to the legal four (4) feet; and leave it white
with no ivy.
The Board discussed the fence.
There were no questions or comments from the public.
Dr. Krammer requested an adjournment.
On motion made by Mr. Gunther, seconded by Ms. Martin, it was unanimously
RESOLVED, that the Public Hearing of case #2503 be, and hereby is, adjourned
to the next Zoning Board meeting.
APPLICATION No. 4 CASE No. 2507 Mary Stein 104 N. Chatsworth Avenue
(adjourned 6/26/02)
Mr. Wexler stated that the applicants architect told him that Ms. Stein was withdrawing
her application.
Mr. Gunther asked Mr. Carpaneto to get official word from the applicant.
On a motion made by Mr. Gunther, seconded by Ms. Harrington, it was unanimously
Zoning Board
July 23, 2002
Page 5
RESOLVED, that the Public Hearing og case # 2507 be, and hereby is, adjourned
to the next Zoning Board meeting pending confirmation from the applicant that this
matter is withdrawn.
APPLICATION No. 5 Case NO. 2466 Mr. & Mrs. Frank Cuccia 19 Campbell Lane
Mike Csenge, the applicant’s architect addressed the Board requesting an extension to a
variance granted in September.
The Board discussed the request.
There were no questions or comments from the public.
On a motion made by Ms. Harrington, seconded by Ms. Martin, the following resolution
was proposed and ADOPTED:
WHEREAS, Mr. & Mrs. Frank Cuccia have submitted an application to the
Building Inspector, requesting a six month extension to a variance granted September 19,
2001 to construct a one-story addition on the premises located at 19 Campbell Lane and
known on the Tax Assessment Map of the Tow of Mamaroneck as Block 110.Lot 2226.
The one-story addition as proposed has a front yard of 22.8 ft. where 30 ft. is required
pursuant to Section 240-38B(1); and further, the addition increases the extent by which
the building is nonconforming pursuant to Section 240-69 for a residence in an R-7.5
Zone District; and
WHEREAS, this Board has 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 hearing thereon; and
NOW, THEREFORE, BE IT
RESOLVED, that the subject application be and the same is GRANTED, subject
to the following conditions:
1. The applicant shall obtain a building permit no later than January 23,
2003.
2. The building permit shall be void if construction is not started within six
(6) months and completed within two (2) years of the date of said permit.
3. Construction shall be in substantial compliance with the plans submitted in
connection with this application.
This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the
Town Law.
Zoning Board
July 23, 2002
Page 6
APPLICATION No. 10 Case No. 2515
NEXT MEETING
The next meeting of this Board will be held on
ADJOURNMENT
Mr. Gunther adjourned the meeting at
___________________________________________
Marguerite Roma
These appeals are taken under Article XII Section 77 of the Zoning Ordinance adopted
June 29, 1959, entitled "Board of Appeals".
All persons interested in the above applications are invited to attend the meeting at which
time they will be given an opportunity to be heard.
Plans for the above cases may be inspected at the Office of the Building Inspector at the
Town Center, 740 West Boston Post Road, Mamaroneck, New York; during regular
business hours. This notice is sent to all property owners within a 400-foot radius of each
new application.
TOWN OF MAMARONECK BUILDING DEPARTMENT --- PHONE (914)
381-7830
THOMAS E. GUNTHER, CHAIRMAN
Prepared by
Francine M. Brill