HomeMy WebLinkAbout2008_01_02 Zoning Board of Appeals Minutes Minutes January 2,2008
MINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
JANUARY 2,2008,IN THE SENIOR CENTER,TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK,NEW YORK
Present: Arthur Wexler, Chairman
Linda S. Harrington
Frederick Baron
Irene O'Neill
Ronald Meister
Also Present: Kevin G.Ryan, Counsel
Ronald A. Carpaneto,Director of Building
Absent Nancy Seligson,Liaison
Francine M.Brill,Recording Secretary
CALL TO ORDER 7:50 p.m.
APPROVAL OF MINUTES
Postponed to end of meeting.
APPLICATION NO. 1—CASE NO.2795 Reck
Applicant requested an adjournment to 1/23/08
APPLICATION NO.2- CASE NO.2799 Duane Reade
Warren Goodman Duane Reade's attorney appeared and addressed the Board.
Mr.Goodman stated that his client wishes to sublet their store to an Audi dealership.
The Board discussed the requirements for a Use Variance and questioned whether or not the lease holder could request a
variance or only the property owner. The Board stated that the test they are required to use is that no permitted use
under the current zoning can make a reasonable return for that property
The Board needs written authorization from the landlord fro Duane Reade to apply for a Use Variance.
The Board gave the applicant a 5 minutes recess to discuss their options
APPLICATION NO. 3 CASE NO. 2810 Robert and Althea Howe 2 Dudley Lane
James Giata appeared representing the Howe's. Mr.Giata stated that the property is on a corner and therefore has 2
front yards. The applicant's are requesting to put a generator in the front yard on a 2X4 foot plastic pad 3 feet from the
house. The generators decibel level is 66,and would require an automatic test once a week for 15 minutes for
maintenance. The applicants would be willing to place a 4 foot fence with insulation and plantings in front of the unit to
buffer the sound.
The Board stated that the side of the house where an air conditioning unit presently sits would not require a variance.
The Board would like all possible options to be explored and suggested an adjournment.
The applicant requested an adjournment.
Minutes January 2,2008
APPLICATION NO.2 CASE NO.2799 Duane Reade
Reconvened
Warren Goodman stated that they would like to continue.
Mr.Goldrick VP of Finance addressed the Board,and stated that company policy is if a store does not show a profit
within 3 years it is considered a loss by the 3rd year profits should be up 20%.
Duane Reade is tied to a 20 year lease with 4 five year options to renew.
Gary Steinberg from Audi stated that the Audi dealership will only sell new Audi's and that is written very clearly in the
sublease that no other sales or work is permitted. The building will not change,only the doors,and there will be no cars
parked in the lot overnight.
Thomas Kruthoff of 25 Rockridge Road addressed the Board and questioned whether the variance would be only for
Audi or the land. Mr Kruthoff stated that he would not like another restaurant in the building.
The Board answered that the variance runs with the land and would be subject to any restrictions the Board writes into
the certification.,but Counsel Kevin Ryan will check out the legal issue
Warren Goodman stated that the Duane Reade cannot get a legal sublease that can operate at a profit and that the Town
doesn't want to have a vacant store The Board replied that they can't address the issue of the store remaining vacant.
Damin Williams of 21 Rockridge stated that the trees in the buffer have died and the certification states that they must
be maintained. He also states that the air conditioning units on the roof of the building are unattractive. He is in favor of
new cars with no service being done on the premises.
The Board adjourned the matter to the next meeting 1/23/2008.
MINUTES
On motion of Ronald Meister,seconded by Frederick Baron the minutes of November 28,2007 were Approved with
corrections.
ADJOURNMENT
On motion of Arthur Wexler,seconded by Frederick Baron the meeting was adjourned at 9:35p.m.
Francine M.Brill
Zoning Board Secretary