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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