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HomeMy WebLinkAbout2020_11_18 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 NOVEMBER 18, 2020 Present via ZOOM: Arthur Wexler, Chairman, Stephen Marsh, Jonathan Sacks, Irene O’Neill, Robin Nichinsky, Carol Miller (Alternate) Also present via Zoom: Richard Polcari, Building Inspector, Lisa Hochman, Counsel to the Zoning Board of Appeals, Francine M. Brill, Zoning Board of Appeals Secretary, Abby Katz, Town Board Liaison (arrived late) Absent: Seth Bronheim (Alternate) CALL TO ORDER The meeting was called to order at 7:22 P.M. Ms. Hochman 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 further stated that members of the public received notice on how to view and participate in tonight’s public hearings in accordance with the Governor’s Executive Order 202.15, as extended, 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). MINUTES Motion: To approve the minutes of September 23, 2020 with technical corrections. Moved by Arthur Wexler, seconded by Robin Nichinsky Action: Unanimously approved Application # 1 – Case No. 3186 – Branko and Lakicevic – 4 Blossom Terrace – Public Hearing Continued Ben Lakicevic stated they are asking for a front and side yard variance for a shed they replaced. A new survey and proposed planting simulation was submitted. Mr. Wexler stated the shed is 5 feet from the front property line and 4.6 feet from the side property line. Mr. Lakicevic stated the previous shed was non- conforming and was there when they purchased the home. The Board discussed the shed a house to lessen the impact on the neighbors. Mr. Lakicevic stated that they propose 6-7 foot Green Giant Arbor-vites on the out-side of the side fence bordering the neighbor property. The Board discussed the space between the fence and asphalt driveway and felt it was not wide enough for the plants to thrive. It was suggested that the fence be removed at the area between the shed wall and the property line for adequate space for the plants. Mr. Lakicevic stated he will move the fence and work with the neighbor regarding the plantings. Mr. Polcari made an announcement inviting members of the public to comment. PUBLIC COMMENTS Deana Colon of 7 Blossom Terrace, stated their cedar fence is viewed from her front yard. They replaced an 8X10 with a 10X12 shed that is taller with the roof pitched toward her driveway causing runoff into her property. She further stated there is not enough soil between her driveway and the fence to support plantings. The Board discussed the minimum size of trees 7-8 foot green giant arbor vites were suggested. Mr. Marsh stated that that they should be planted on a berm to help contain runoff. Motion: To close the public hearing Moved by Arthur Wexler, seconded by Irene O’Neill Action: Unanimously approved Motion: To approve the requested variance Moved by Stephen Marsh, seconded by Arthur Wexler Action: Unanimously approved. Application No. 2 Case No. 3192 Casey Rosenblum Public Hearing Robin Nichinsky recused herself, Ms. Miller joined the meeting as a voting member. Mark Weingarten, Diane Kolev, Jared Weisfeld and Casey Rosenblum were present via ZOOM. Mr. Weingarten Esq. stated the owners of 42 Villa wanted a safe place for their and a few same minded friend’s children to get together in a small learning pod. They hired an aid to help the children with the schools curriculum. He stated it should be considered a study group not a school as they follow the schools lesson plans. Mr. Weingarten further stated that these arrangements are going on all over. The Town received a complaint, but that should not be enough to jeopardize children. Because of covid this is a temporary situation as the home owners did not feels comfortable with their children attending school. With working parents it is difficult to help the children with on line lesson plans thus the reason an aid was hired. Casey Rosenblum, stated speaking on behalf of the parents in the POD the children were experiencing detrimental effect from remote learning. She created a warm creative small social environment for the children to be as normal as possible in this trying time. The Board discussed the request and what constitutes a school. Mr. Sacks stated that if it was 6 children not 7 it would not be before the Board. A possible OCFS exception was discussed. Mr. Weingarten stated they waived the need for documentation verbally. Mr. Sacks, questioned whether it would require a Special Use Permit from the Planning Board, he further stated that the best route may be for the applicant to seek relief from the Town Board. Mr. Polcari stated the Board is to determine whether it is an allowed use, as they are asking for relief from stated code. Mr. Weingarten stated he would be happy to contact the Town Board. Ms. Hochman stated determinations run with the land and this novel case would be precedence. Mr. Polcari, stated although the applicants have stated that the same situation is happening all over he has contacted other municipalities and they have no record of any. This would only require a building permit as long as it met code. Mr. Sacks stated if they had something in writing from OCFS that they don’t need a license, the Board could make a determination. Amy sent a link via email Mr. Wexler as how does the assistant help the children, Ms. Rosenblum explained the children are on zoom live with the teacher and the aid is overseeing that they have no problems, helping with work sheets etc. Mr. Polcari stated that code enforcement received numerous complaints, he called the state and other towns and there are no other complaints that he knows of no is actively searching. Mr. Polcari stated there were no other emails. th The Board discussed the next meeting date and changed it to December 16, 2020. Mr. Weingarten asked for more time to try to get documentation from OCFS and or an exception from the Town Board. Mr. Hochman stated emails can be sent to the building department prior to their next meeting th which is scheduled for January 27. ADJOURNMENT The meeting was adjourned at 9:45 PM Minutes prepared by Francine M. Brill Planning Board Secretary