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HomeMy WebLinkAbout1981_04_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 22, 1981 , IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8: 15 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. Egbert R. Hardesty Mr. Laurence G. Bodkin , Jr. Mr. Peter G. Moore Mr. Stephen K. Carr Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 25, 1981 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. Mr. Boraczek asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 557 Application of Rosenshein Associates for modification of variance granted by Zoning Board Resolution dated Febru- ary 28, 1979 permitting the construction of a retail shop- ping center (stores) and non-conforming parking facilities for 141 cars. Also, Article XI Section 89-66 Subsection A and C "Off-street Parking Requirements" which requires an additional 12 parking spaces for proposed restaurant use on the premises located at 1266 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 and 503 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Rosenshein appeared before the Board and said that since a lease for the proposed restaurant had been signed they had applied to the Town Council for a Special Permit. The application for a Special Permit had been approved after their request had been presented to the Planning Board for their review and one of the conditions of the approval by the Town Board was that the applicant obtain a variance from the Zoning Board for the required parking for restaurant use. Mr. Rosenshein explained that the proposed restaurant would be a high quality type and said that the architect and tenant were'present if the Board had any questions. Mr. Rosenshein stated that the Zoning Board had approved his application for the shopping center with less parking spaces than required and he has entered into a contract with the School Board for a piece of property which would add an additional 19 spaces. Mr. Rosenshein, also, said that everything was in order but the sale of the property is subject to a referendum that will be held on May 20th. Mr. Rosenshein further said that his money is being held in escrow until the sale is completed and even if they did not acquire the land they will not have a shortage of space. The applicant said that at present they do not even use 30% of the parking and the restaurant would pro- bably be busiest at night and on Sundays when the stores are closed. Mr. Boraczek asked Mr. Rosenshein why he could not wait until next month after the referendum has been decided and Mr. Rosenshein said that Mr. DeFonce the proposed ten- ant for the restaurant has been waiting for about nine months . The Board questioned as to how many bays the res- taurant would occupy and it was pointed out that it would take about 12 bays. Mr. Paonessa explained that because of the change of use specifically, "restaurant use" , the parking requirements call for an additional 12 parking spaces . Mr. Paonessa, also, said that even if Mr. Rosenshein acquires the addi- tional 19 spaces from the Board of Education the parking will still be nonconforming. Mr. Rosenshein said he had planned to rent the spaces in the shopping center for 12 boutique shops but because of the economy he has not been able to rent and his hardship is economic. According to the Resolution that was approved by the Town Board the restaurant will operate from 12 to 12 midnight Sunday through Thursdays from noon to 1 A.M. on Fridays and Saturdays and there would be no live music or dancing. Mr. Bodkin asked Mr. Rosenshein what his procedure would be to stop cars from parking and going elsewhere and Mr. Rosenshein said presently they have more parking spaces than they need but if it ever becomes a problem they would chain off the lot at night. Mr. Rosenshein pointed out that even if the Board of Education turns the referendum down they would still have room on their property to pro- vide parking and would only be minus about 4 spaces out of the 19. The Chairman asked the other members of the Board if they wanted to vote on the application or if they thought Mr. Rosenshein should return next month after the referendum was either approved or disapproved. Mr. Rosenshein said if the referendum was turned down he would agree to remove the macadam he had put in on the Board of Education pro- perty and the Board asked if he would agree not to start the work on the restaurant until after the referendum was decided upon. After further discussion the Board decided to vote on the application but if approved it would be with the conditions that if the voters turn down the referendum the applicant remove all paving that was done on the strip that belongs to the Board of Education and that no work be done on the restaurant until after the referendum is decided. The vote was as follows : Commissioner Boraczek - Nay Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Nay Commissioner Carr - Aye The following Resolution was therefore adopted: WHEREAS, Rosenshein Associates have submitted an application to the Building Inspector to allow an additional 12 parking spaces for res- taurant use, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the vari- ance granted by the Zoning Board Resolution dated February 28, 1979 permitting the construc- tion of a retail shopping center (stores) and nonconforming parking facilities for 141 cars and Article XI Section 89-66 Subsection A and C "Off-street Parking Requirements" which re- quires an additional 12 parking spaces for pro- posed restaurant use on the premises located at 1266 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 and 503; and WHEREAS, Rosenshein Associates have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The proposed restaurant which would contain only 3,080 sq . ft. would be a high quality, intimate type of sit down restaurant, featuring a desi- gner decorated decor and would be totally harmonious with other types of retail stores within the shopping center as well as other stores along the Boston Post Road. 2. The entire site was formerly used for many years by Post Lodge as a restaurant and bar. 3. The opening of this restaurant would be an asset to the area. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That said circumstances or con- ditions are such that the particular application of the Zoning Board Reso- lution dated February 28, 1979 and Article XI Section 89-66 Subsection A and C "Off-street Parking Require- ments" for restaurant use would de- prive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. (c) That the granting of the vari- ance will be in harmony with the gen- eral purposes and intent of the Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that the Resolution as granted by the Zoning Board dated February 28, 1979 and Article X Section 89-66 Subsection A and C "Off- street Parking Requirements" be varied and modi- fied so as to allow the proposed restaurant use with a total of 160 off-street parking spaces on the premises located at 1266 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 and 503 in strict conformance with plans filed with this application subject to the following conditions , provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1 . That the sale of school owned property be approved by referendum. 2. That no work be done in the res- taurant until Mr. Rosenshein has title to the property. 3. That if the refererdum is not approved Mr. Rosenshein comply with the Zoning Board variance granted February 28, 1979 and restore the strip of land to its original con- dition and construct the parking facilities and use the property in accordance with the approved plans. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of the Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next appli- cation . APPLICATION NO. 2 - CASE 558 Application of Mr. and Mrs . Alan Siegel for modification of Article VI Section 89-33 Subsection B (2) "Construc- tion Requirements for an R-10 One Family Residence Dis- trict" which requires a minimum side yard of 10 ft. to allow the construction of a one story addition at the side of the dwelling having a side yard of 4 ft. on the premises located at 297 Murray Avenue (7 Rouken Glen East Drive) and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 408 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Robert J. Ciamei , represented the builders, and Mr. and Mrs. Siegel appeared before the Board and said they are requesting the addition of a dining room. Mr. Ciamei said the existing residence only has a small nook and the reason for placing the dining room addition in the proposed location is because of the proximity to the kit- � �j chen . Mr. Ciamei , also, said that due to the topography of the land which is very rocky the designated area is the only feasible location and the existing corner of the house is presently nonconforming. In conclusion, Mr. Ciamei said that the proposed addition will fit in with the homes in the surrounding area. Mr. Siegel said that the present small nook only sits four people and they would like to have more room. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Alan Siegel have submitted an application to the Building Inspector to allow the construction of a one story addition at the side of the dwelling having a side yard of 4 ft. together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zon- Ordinance of the Town of Mamaroneck with par- ticular reference to Article VI Section 89-33 Subsection B (2) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. on the premises located at 297 Murray Avenue (7 Rouken Glen East Drive) and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 107 Parcel 408; and WHEREAS, Mr. and Mrs. Alan Siegel have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . The present residence does not contain a dining room, only a small nook. 2. Due to the geographic configura- tion of the plot and contours and excessive rock outcroppings, the designated area is the only feasi- ble location. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows: 1 . Because of the topography of the land Witch is rock and the proximity of the proposed addition to the kitchen the proposed loca- tion is the most feasible. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-33 Subsection B (2) "Con- struction Requirements for an R-10 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance granted by this Board is a minimal adjustment that will accomplish this pur- pose. 3. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Sub- section B (2) "Construction Requirements for an R-10 One Family Residence District" having a minimum side yard of 4 ft. in strict conform- ance with plans filed with this application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 559 Application of Melron Amusement Corp. for modification of Article VD' Section 89-41 Subsection B (3) "Construc- tion Requirements for a "B" Business District" which requires a minimum rear yard of 25 ft. and Article XI Section 89-66 Subsection A and C "Off-street Parking Facilities" which requires a minimum sum total of 101 parking spaces to permit the construction of a one story addition to the building maintaining an existing noncon- forming rear yard of 8.3 ft. and providing 94 off-street parking spaces on the premises located at 1265 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcels 439 and 449 on the grounds of practical difficulty and/or unnecessary hardship. The applicant, Melron Amusement Corp. , was represented by Mr. Roger Sirlin of Sirlin and Sirlin, 211 Mamaroneck Avenue, Mamaroneck, who had presented the members of the Board with a memorandum which was made part of the record. Mr. Sirlin stated that the owners and their Architect were also present in the event that the Board had any questions. Mr. Sirlin said that the Melron Amusement Corp. purchased the land and buildings known as Cook 's Restaurant on January 2, 1981 and there is an operating corporation known as 1265 Boston Post Road Corporation with Mr. Mel - vin Getlan add his brother Ronald Getlan as shareholders. Mr. Sirlin pointed out that part of the present parking is leased and their lease runs to the year 2011 . Mr. Sirlin further said that the proposed addition would enlarge the recreation room, dining room and entrance area and if the variance is granted they still have to obtain a "Special Permit" from the Town Board. Mr. Sir- lin, also, pointed out that the applicants are seeking two variances and the proposed expansion will be main- taining the same rear yard as the Zoning Board had ap- proved for Cook 's Restaurant in 1969. Mr. Sirlin said that the Board had approved the prior expansion because of the physical restraints of the property and the topo- graphy is still the same with the sheer rock wall approx- imately 8.3 ft. from the rear property line. Mr. Sir- lin, also, stated the proposed expansion will not require any blasting. Regarding the variance for parking Mr. Sirlin said he thought the the Town Ordinance was highly restrictive and even utilizing the highly restrictive ordinance of the Town of Mamaroneck the applicant is only 7 spaces short. Mr. Sirlin said because of the existing game room at the rear of the restaurant he cannot agree with the Zoning Ordinance interpretation of existing "patron use" and accordingly he said that the actual patron use is only one third to one half the actual area of the room. Mr. Bodkin questioned as to the type of mechanical equip- ment the applicants referred to and Mr. Getlan said it was basically the same as there is there now. Mr. Sir- lin said he had been informed the Town Board was contem- plating an Ordinance for "Pin Ball Machines" which was submitted at the April 9th Meeting but it has never been set for a Public Hearing. Mr. Carr questioned as to the percentage that was being requested for the dining room and recreation area and it was pointed that 510 sq. ft. was being proposed for the dining room and 1204 sq. ft. for recreation . Mr. Morton Nitzberg of 11 Rock Ridge Road said he objected to the application and felt it was an extension of an existing fire hazard and a danger to neighboring homes on Rock Ridge Road. Mr. Nitzberg stated that the vari- ances requested for both Cook 's and the Shopping Center will increase patronage and therefore add to the traffic and the potential for accidents on the Boston Post Road. Mr. Thomas Kirchoff of 25 Rock Ridge Road spoke against the application and presented the Board with a petition signed by about 20 residents on Rock Ridge Road . Mr. Kirchoff said that the immediate property owners were concerned and it could be a hardship for them with re- duced property values. Mr. Kirchoff, also, spoke about the odor from the cooking at the restaurant which pre- vents the residents to some extent from outdoor living. Mr. Kirchoff further said that presently they are dis- turbed by people going in and out of Cook 's parking lot. Mr. Otto Scheuble of 3 Rock Ridge Road spoke against the application. Mr. Jerry Glaser of 19 Rock Ridge Road said he objected to the application and stated that the Getlans had pur- chased Cook's because it was a "going concern" and only wanted to make more money. Mrs. Marsha Kirchoff, also, spoke and reemphasized her husband's statements regarding noise especially in the summer when the windows are open and if the variance is allowed it would increase. Mr. Harvey Singer of 10 Rock Ridge Road expressed his objections and said he sees a change in atmosphere and wonders whether it will remain a restaurant or an amuse- ment park. Mr. Sirlin pointed out that Cook's has a total sprinkler system that was started in 1970 and the new owners just completed other fire protection work about a month ago. Mr. Sirlin, also, said that the Getlans have been in the restaurant and amusement business for a long time and want to maintain the same high standards that Cook's have had. Mr. Sirlin further said that Cook's had installed a com- pactor to take care of the garbage and the residents at the time they purchased their homes were aware that the restaurant was there. Mr. Getlan said they have a security man and have had no trouble since and Mr. Sirlin said that presently Cook's parking lot is rarely completely filled. It was, also, pointed out that most of the patrons are only there a very limited time. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Bodkin - Nay Commissioner Moore - Nay Commissioner Carr - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Melron Amusement Corp. have submitted an application to the Building Inspector to permit the constru r on of e one story addi- tion to the building maintaining an existing nonconforming rear yard of 8.3 ft. and provid- ing 94 off-street parking spaces together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VII Section 89-41 Subsection B (3) "Construction Require- ments for a "B" Business District" which re- quires a minimum rear yard of 25 ft. and Ar- ticle XI Section 89-66 Subsection A and C "Off- street Parking Facilities" which requires a minimum sum total of 101 parking spaces on the premises located at 1265 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcels 439 and 449; and WHEREAS, Melron Amusement Corp. have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1 . To the rear of the property is sheer rock wall extending at least 8' above the parking lot grade. 2. The existing structure extends within 8.3 ft. of the property line and the proposed extension logically conforms with the existing structure and topography. 3. The variance of 7 on-site parking spaces is a minimum variance since the present Zoning Ordinance of the Town of Mamaroneck requiring one on- site parking space per 50 ' of patron use is extraortdinarily restrictive. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denies the applica- tion on the following grounds : 1 . That the applicant failed to show the following: (a) An addition to the present structure could not be constructed in com- pliance with the Zoning Regulations . (b) The topography of the land prevented the construc- tion of an addition in any other location on the site. Z (c) The existing building could not be altered to accommodate the proposed new facilities. (d) That the proposed new facilities would not gen- erate any additional traf- fic and would require less off-street parking facili- ties. 2. That there are no special cir- cumstances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 3. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 4. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Ordi- nance and would be injurious to the neighborhood or otherwise detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:50 P.M. Rita A. Johnso , Secretary