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HomeMy WebLinkAbout2021_10_27 Zoning Board of Appeals Minutes THE MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD VIA ZOOM ON OCTOBER 27, 2021 PRESENT VIA ZOOM: Irene O'Neill, Acting Chair, Stephen Marsh, Jonathan Sacks, Robin Nichinsky, Carol Miller ABSENT: Arthur Wexler, Chairman, Seth Bronheim ALSO PRESENT: Lisa Hochman, Counsel, Richard Polcari, Building Inspector, Francine M. Brill, Secretary CALL TO ORDER The meeting was called to order at 7:37 P.M. Ms. Hochman stated that tonight's meeting has been convened in accordance with the Governor's Executive Order Chapter 417, 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 417, 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). Case # 3249 -Adam Holland and Paula Davis -28 Country Club Drive - Public Hearing Ms. Brill stated that this application has been duly noticed. Motion: To open the public hearing Moved by Irene O'Neill, seconded by Robin Nichinsky Action: Unanimously Approved Mr. Holland presented his request to install a wall-mounted Mitsubishi compressor. Mr. Sacks asked for the Dba rating and Mr. Holland responded 52 Dba to cool, and 55 to heat. Mr. Holland further stated that alternative locations were explored but this is the most practical spot. The Board discussed the placement of the unit There were no public questions or comments. Motion: To close the public hearing Moved by Irene O'Neill, seconded by Jonathan Sacks Action: Unanimously approved Motion: To approve the requested variance Moved by Stephen Marsh, seconded by Irene O'Neill Action: Unanimously approved RESOLUTION 28 Country Club Drive, Town of Mamaroneck, New York After review, on motion of Stephen Marsh , seconded by Irene O'Neill, the following resolution was proposed and unanimously ADOPTED by a vote of 5 to 0 with no abstentions. WHEREAS, Adam Holland and Paula Davis (the "Applicant") requested a variance to install a central air conditioning unit on the premises located at 28 Country Club Drive, Larchmont, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 29, Lot 52; and WHEREAS, the Building Inspector declined to issue such permit on the following grounds: the air conditioning condenser has a side yard of 14.08 feet where 15 feet is required pursuant to Section 240-35B(2)(a); and further it increases the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-20 Zone District (the "Notice of Disapproval"); and WHEREAS,the Applicant submitted to this Board an application for relief from the requirements from the Zoning Code; and WHEREAS, the Board examined the plans, inspected the site, reviewed the application and has heard any and 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 el. 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 it is a slim and quiet unit with low dB rating located next to 2 existing units and the new unit will extend into the side yard setback by less than 1 foot. 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 it is reasonable to add a third unit next to existing compressors. iii. Whether the area variance is substantial. The Board finds that the variance is not substantial because it encroaches 1 foot into the required side yard setback. iv. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board finds that the variance will not adversely impact the local physical or environmental conditions because encroaches minimally into the required yard and it will be quieter than existing units. 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. 6. Prior to certificate of occupancy, the Applicant shall submit a final as-built survey to the Town Building Department. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Code. Case # 3250 —JAF Builders Corp. —67 Rockland Avenue -Public Hearing Ms. Brill stated that this application has been duly noticed. Motion: To open the public hearing Moved by Irene O'Neill, seconded by Stephen Marsh Action: Unanimously Approved Josh Freidfertig, the applicant, stated that he is before the Board to request a standby generator for the new owner, Ross Gotler. When he appeared before the Planning Board for residential site plan, the rear neighbor requested that there be no mechanicals in the rear. Mr. Sacks stated that the property has a large right-of-way and the proposed location is more than 30 feet from the road and 70 feet away from the nearest neighbor. In addition, Mr. Sacks stated that the proposed location is closest to the existing gas and electric connections. The Board discussed the request. There were no public questions or comments. Motion: To close the public hearing Moved by Irene O'Neill seconded by Carol Miller Action: Unanimously approved Motion: To approve the requested variance Moved by Jonathan Sacks, seconded by Stephen Marsh Action: Unanimously approved RESOLUTION 67 Rockland Avenue, Town of Mamaroneck, New York After review, on motion of Jonathan Sacks, seconded by Stephen Marsh, the following resolution was proposed and unanimously ADOPTED by a vote of 5 to 0 with no abstentions. WHEREAS, JAF Builders Corp. (the "Applicant") requested a variance to install a stand by generator on the premises located at 67 Rockland Avenue, Larchmont, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 23, Lot 452; and WHEREAS, the Building Inspector declined to issue such permit on the following grounds: the stand-by generator as proposed will have a 25' front yard setback where 30' is required pursuant to Section 240-37B(1) for a residence in an R-10 Zoning District (the "Notice of Disapproval"); and WHEREAS,the Applicant submitted to this Board an application for relief from the requirements from the Zoning Code; and WHEREAS, the Board examined the plans, inspected the site, reviewed the application and has heard any and 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 el. 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 there is a large right-of-way resulting in a significant distance from the street and the unit will run for only 15 minutes per week or more frequently during power outage, when other nearby generators are running. 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 property is burdened by two front yards, and the area where the unit is to be placed functions as a side yard and this is where power comes into the house, so its most practical. iii. Whether the area variance is substantial. The Board finds that the variance is not substantial because it is quiet and located a considerable distance from neighbors and the street. iv. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board finds that the variance will not adversely impact the local physical or environmental conditions because there will be noise only during power emergency or when exercised weekly. 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. 6. Prior to certificate of occupancy, the Applicant shall submit a final as-built survey to the Town Building Department. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Code. Case #3251 — 14 Deane Place—Robert Porucznik—Public Hearing Ms. Brill stated that this application has been duly noticed. Motion: To open the public hearing Moved by Irene O'Neill, seconded by Carol Miller Action: Unanimously Approved Mark Mustacato, from RMG Architects, addressed the Board on behalf of the owner. He stated that a variance was granted in 1986 and the permit was issued but never closed. The owner was recently informed by a real estate agent that there was an open permit and a survey would be required to close the permit. The survey shows that the side yards require an increased variance. Lot coverage was discussed and Mr. Marsh stated that lot coverage was added to the Town Zoning Code in 1996; therefore, 1986 coverage would not have been an issue. Mr. Porucznik, stated that when built in 1986, a drainage system was installed in front of the garage. Ms. O'Neill asked if the driveway always had the same footprint and Mr. Porucznik responded yes. A letter from the closest neighbor was received stating no objection to the application. Mr. Sacks stated that since there have been no complaints, he can accept that but for the fact that they failed to close the permit, this would have been legally non-conforming with respect to lot coverage. There were no public questions or comments. Motion: To close the public hearing Moved by Irene O'Neill, seconded by Jonathan Sacks Action: Unanimously Approved Motion: To approve the requested variance Moved by Jonathan Sacks, seconded by Carol Miller Action: Unanimously Approved RESOLUTION 14 Deane Place, Town of Mamaroneck, New York After review, on motion of Jonathan Sacks , seconded by Carol Miller, the following resolution was proposed and unanimously ADOPTED by a vote of 5 to 0 with no abstentions. WHEREAS, Robert Porucznik (the "Applicant") requested a variance to legalize an as-built addition on the premises located at 14 Deane Place, Larchmont, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as, Block 505 Lot 400; and WHEREAS, the Building Inspector declined to issue such permit on the following grounds: The existing as-built addition has a side yard of 6.7 feet where 8 feet is required pursuant to Section 240-38B(2)(a), the addition has a side yard of 3.1 feet where 8 feet is required pursuant to Section 240-39B(2)(a), the combined yard is 9.8 feet where 18 feet is required pursuant to Section 240-39B(b); the deck as built has a side yard of 3.7 feet where 8 feet is required pursuant to Section 240-39B(2)(a), lot coverage is 45% existing where 35% is permissible pursuant to Section 240-39F and further it increases the extent by which the building is nonconforming pursuant to Section 240-69 for a residence in an R-6 Zone District (the "Notice of Disapproval"); and WHEREAS,the Applicant submitted to this Board an application for relief from the requirements from the Zoning Code; and WHEREAS, the Board examined the plans, inspected the site, reviewed the application and has heard any and 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 el. 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 there are many similar substandard lots in neighborhood, with narrow side yards. 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 there have been no objections to the preexisting house and removing legally non-conforming lot coverage would be cost prohibitive. iii. Whether the area variance is substantial. The Board finds that the variance is not substantial because there has been only a small incremental increase in side yard encroachment, over and above what was approved by 1986 variance and, since the existing driveway and deck were shown on the approved 1986 plans, there has been no actual increase in lot coverage over what was legally permissible in 1986. In addition, the Board noted that the zoning requirement restricting lot coverage was added to the Town Zoning Code in 1996, 10 years after the 1986 variance was approved. iv. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board finds that the variance will not adversely impact the local physical or environmental conditions because there is no ponding or excessive runoff and the house is substantially the same as what the ZBA approved in 1986. 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. 6. Prior to certificate of occupancy, the Applicant shall submit a final as-built survey to the Town Building Department. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Code. MINUTES The minutes of September 21, 2021 were discussed. Motion: To approve the minutes of September 21, 2021 as modified Moved by Jonathan Sacks, seconded by Irene O'Neill Action: Approved Vote: Yes: Irene O'Neill, acting chair, Stephen Marsh, Jonathan Sacks, Robin Nichinsky Abstain: Carol Miller ADJOURNMENT The meeting was adjourned at 8:41 P.M. Minutes prepared by Francine M. Brill Zoning Board of Appeals Secretary