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HomeMy WebLinkAbout2024_12_18 Zoning Board of Appeals Minutes o(c 47 MINUTES ` Zoning Board of Appeals Meeting 713 0 . o December 18, 2024 i ` Q Conference Room C, First Floor 7:00 PM FOUNDED 1661 PRESENT: Irene O'Neill, Board Member Randy Heller, Board Member Jonathan Sacks, Board Member Stephen Marsh, Board Member Arthur Katz, Alternate Board Member OTHERS PRESENT: Lisa Hochman, Counsel to the Board Richard Polcari,Building Inspector ABSENT: Arthur Wexler, Board Chairman Carol Miller, Alternate Board Member Anant Nambiar, Town Board Liaison The meeting commenced at 7:05 p.m. Ms. Ransom stated that all items on the agenda for public hearing had been properly noticed and all documents to be discussed this evening had been posted on the Town website at least 24 hours prior to the meeting. Given the absence of Mr. Wexler, Ms. O'Neill assumed the role of Board Chair and Mr. Katz as Alternate, assumed the role of Board Member. Application No. 1 —Case No. ZBA-24-49— 1122 Palmer Avenue—Ryan Fiftal Motion: To open the public hearing Moved by: Jonathan Sacks seconded by Randy Heller Action: Unanimously approved Chris Lonegro, the applicant's architect, addressed the Board to explain the application and 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 Randy Heller Action: Unanimously approved Zoning Board of Appeals December 18, 2024 Motion: To approve the requested variance Moved by: Stephen Marsh seconded by Randy Heller Action: Unanimously approved RESOLUTION 1122 Palmer Avenue, Town of Mamaroneck, New York After review, on motion of Stephen Marsh, seconded by Randy Heller, the following resolution was proposed and unanimously ADOPTED by a vote of 5 to 0, with no abstentions. WHEREAS, Ryan Fiftal (the"Applicant") requested a variance for a deck on the premises located at 1122 Palmer Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 4,Block 6,Parcel 319; and WHEREAS,the Building Inspector declined to issue such permit on the following grounds: Proposed deck will have a rear yard setback of 22'where 25'is required,pursuant to 240-38 B (3);for a property in an R-7.5 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 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 deck is being rebuilt and upgraded to be substantially safer and stronger and will be half a foot smaller than the existing deck so the rear yard will gain an extra 6 inches. The Board further noted that it had earlier approved an enclosed deck and this revision substantially reduces the impact. In addition,the new deck is not visible from the front, well screened and backs up against the field at Central School. Wage Zoning Board of Appeals December 18, 2024 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 long and narrow and requiring the deck to conform would render it with very little functionality. iii. Whether the area variance is substantial. The Board finds that the variance is not substantial because it replaces an existing nonconforming deck and the replacement will encroach slightly less into the rear yard. 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 the applicant will improve the drainage underneath the deck with dry wells to prevent water from pooling in the backyard. 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. Wage Zoning Board of Appeals December 18, 2024 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 Depaitiuent. This resolution is hereby certified and shall be filed with the Town Clerk. Application No. 2—Case No. ZBA-24-46—40 Fernwood Road— Stephen Williamson — RETURN The public hearing remains open. Ms. O'Neill recused herself from this application and stepped down from the dais. Board Member, Mr. Sacks stepped in to fill the position of Chair. Gino Frabasile, the applicant's engineer, addressed the Board to explain the application. He stated the 38kW unit originally proposed has been reduced to a 26kW generator. He further stated that the unit will have a dB rating of 67 during full operational mode with 56 dB rating during exercise mode. The Board discussed the request. There were no public questions or comments. Motion: To close the public hearing Moved by: Jonathan Sacks seconded by Randy Heller Approved: Jonathan Sacks, Randy Heller, Stephen Marsh, Arthur Katz Recused: Irene O'Neill Motion: To approve the requested variance Moved by: Stephen Marsh seconded by Randy Heller Approved: Jonathan Sacks, Randy Heller, Stephen Marsh, Arthur Katz Recused: Irene O'Neill RESOLUTION 40 Fernwood Road,Town of Mamaroneck,New York After review, on motion of Stephen Marsh, seconded by Randy Heller, the following resolution was proposed and unanimously ADOPTED by a vote of 4 to 0, with no abstentions. WHEREAS, Stephen Williamson (the"Applicant") requested a variance for a stand-by generator on the premises located at 40 Fernwood Road, Town of Mamaroneck,New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 18,Parcel Wage Zoning Board of Appeals December 18, 2024 470; and WHEREAS,the Building Inspector declined to issue such permit on the following grounds: Proposed stand-by generator will have a front yard setback of 26'where 30'is required, pursuant to 240-37 B (1);for a property 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 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 applicant has revised the original proposal to reduce the size of generator,which is now smaller and more easily screened by landscaping and foundation plants. 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 is no other reasonable location which would be permissible because it needs to be 5 feet away from operable windows and doors so any other location would require a variance. In addition, the Board notes that the proposed location is the greatest distance away from nearby homes and there is another generator directly across the street. iii. Whether the area variance is substantial. The Board finds that the variance is not substantial because this generator will be screened with landscaping and mostly be quiet except during power outages and weekly testing. 5IPage Zoning Board of Appeals December 18, 2024 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 the generator has a Dba rating of 67 in full operational mode and lower during weekly exercise period(weekdays between 10 a.m. and 2 p.m.) and the applicant has proposed landscape screening of three (3) feet on each side and four(four) feet in front. 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 Depai intent. 7. The generator shall be exercised only on weekdays between 10 a.m. and 2 p.m. 8. The applicant shall install and maintain landscape screening as shown on plans 6IPage Zoning Board of Appeals December 18, 2024 This resolution is hereby certified and shall be filed with the Town Clerk. Application No. 3 — Case No. ZBA-24-50—22 Vine Road—Vine Sq LLC Board Member, Mrs. O'Neill resumed her position as acting Chair. Motion: To open the public hearing Moved by: Irene O'Neill seconded by Randy Heller Action: Unanimously approved Fouad Pouyafar, the applicant's contractor, addressed the Board to explain the application. He stated that a 26kW generator is proposed and that the unit will have a dB rating of 67 during full operational mode with 56 dB rating during exercise mode. The applicant submitted Two (2) photos, which were presented to the Board and entered into the record, marked Exhibit A. The Board discussed the application. Board members stated that it would be preferable if the applicant could move the unit forward toward Vine Place and closer to the house (further away from property line). 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 Randy Heller Action: Unanimously approved RESOLUTION 22 Vine Road, Town of Mamaroneck,New York After review, on motion of Jonathan Sacks, seconded by Randy Heller, the following resolution was proposed and unanimously ADOPTED by a vote of 5 to 0 with no abstentions. WHEREAS, Vine Sq LLC (the "Applicant")requested a variance for a stand-by generator on the premises located at 22 Vine Road, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1,Block 7,Parcel 302; and WHEREAS,the Building Inspector declined to issue such permit on the following grounds: Proposed stand-by generator will have a rear yard setback of 18'(the "Notice of Disapproval"); and 7IPage Zoning Board of Appeals December 18, 2024 WHEREAS,the Applicant submitted to this Board an application for relief from the requirements from the Zoning Code; and WHEREAS,the Board discussed whether it would be feasible to locate the generator closer to the house and further away from the property line: 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 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 generator is being placed on the property in the only area that does not abut any neighboring properties, which functions as a side yard. 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 house occupies most of the buildable area and any location for the generator would require a variance and the board finds that the proposed location will have the least impact to neighbors. iii. Whether the area variance is substantial. The Board finds that the variance is not substantial because the generator is a reasonable size for the size of the house and common in the Town. 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 it will generate noise only during power outages and weekly exercise period (weekdays between 10 a.m. and 2 p.m.). Wage Zoning Board of Appeals December 18, 2024 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 Depaitment. 7. If deemed feasible, the generator shall be installed closer to the house and further away from the property line. 8. The generator shall be exercised only on weekdays between 10 a.m. and 2 p.m. 9. The applicant shall install and maintain landscaping to screen the generator. This resolution is hereby certified and shall be filed with the Town Clerk. Application No. 4—Case No. ZBA-24-54— 137 Harmon Drive—George Gargiulo Motion: To open the public hearing Moved by: Jonathan Sacks seconded by Randy Heller Wage Zoning Board of Appeals December 18, 2024 Action: Unanimously approved Chris Lonegro, the applicant's architect, addressed the Board to explain the application and 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 Jonathan Sacks Action: Unanimously approved Motion: To approve the requested variance Moved by: Jonathan Sacks seconded by Randy Heller Action: Unanimously approved RESOLUTION 137 Harmon Drive, Town of Mamaroneck,New York After review, on motion of Jonathan Sacks, seconded by Randy Heller, the following resolution was proposed and unanimously ADOPTED by a vote of 5 to 0, with no abstentions. WHEREAS, George Gargiulo (the "Applicant")requested a variance for motor vehicle parking on the premises located at 137 Harmon Drive, Town of Mamaroneck,New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2,Block 5,Parcel 414; and WHEREAS,the Building Inspector declined to issue such permit on the following grounds: Motor vehicle parking for two vehicles as proposed will be 0.5'from the side lot line where 5'is requires pursuant to 240-79 B (1) (a);for a property in an R-6 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 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. 10IPage Zoning Board of Appeals December 18, 2024 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 nothing has changed other than removal of the garage, which requires the applicant to identify where cars will be parked. 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 demolition of the rear garage necessitates that the cars will be parked in the rear yard. The applicant has demonstrated that alternatives were examined but because the lot is narrow, no other location would be deemed practical, even if the driveway were moved to other side of the house. iii. Whether the area variance is substantial. The Board finds that the variance is not substantial because it only relates to placement of vehicles on an existing driveway. The Board notes that that the applicant improved a prior encroachment. 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 the applicant has removed some of the prior lot coverage, which may reduce runoff. 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: 11IPage Zoning Board of Appeals December 18, 2024 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 resolution is hereby certified and shall be filed with the Town Clerk. MINUTES The draft minutes of November 20, 2024 were discussed. Motion: To approve the draft minutes Moved by: Stephen Marsh seconded by Randy Heller Approved: Stephen Marsh, Randy Heller, Jonathan Sacks, Arthur Katz Abstain: Irene O'Neill The meeting was adjourned at 7:54 pin Minutes prepared by: Jennifer Ransom Zoning Board of Appeals Secretary 12IPage