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HomeMy WebLinkAbout1971_01_27 Zoning Board of Appeals Minutes 1 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JANUARY 27, 1971, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Price H. Topping Mr. Donald D. Geary, Jr. Absent: Mr. E. Robert Wassman Mr. Henry E. Mullick Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of October 28, 1970 and December 1, 1970 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. Mr. Eggers explained to the applicant that because only three members were present the decision would have to be unanimous and the applicant had the priv- ilege of postponing their application to another meeting without penalty. The applicant declined to adjourn and the Chairman asked the Secretary to read the application. APPLICATION NO. 1 - CASE 334 Application of Power Test Petroleum Distributors, Inc. for modification of Article IV Section"410 Schedule of Non-Residential District of the Zoning Ordinance which requires that structures be set back 25 feet from adjoining Residential District so as to permit the construction of a one story gasoline station building to be erected having a 10' rear yard on the premises located at 2385 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 415 on the grounds of practical difficulty and/or unnecessary hardship. The applicant, Power Test Petroleum Distributors, Inc., were represented by Judge Isaac Rubin of 10 f/ er Fiske Place, Mount Vernon. Judge Rubin stated that the applicants were request- ing permission to construct a one story gas station 30' x 15' to be erected 10' from the rear and sou- therly boundary line. The 10' setback is to be ap- propriately landscaped. The former proposed service area on both sides of the building is to be elimi- nated and a 50' x 15' grass area at the southeast- erly part of the property along Dean Place is pro- posed. The proposed new building will consist of 450 square feet as compared to the 1234 square feet of the exist- ing building. The applicants propose to demolish the existing office and 2 bay garage and the exist- ing pumps are to be removed. Two pump islands run- ning parallel to Boston Post Road are proposed and each island would contain four pumps. The most north- erly pump closest to the Boston Post Road would have a setback of 20 feet from the street and the most southerly pump island would be 25 feet south. The present underground tanks would be replaced by three 8000 gallon tanks. Judge Rubin quoted from Professor Anderson in his "American Law of Zoning" and stated that several points should be considered in connection with the "practical difficulties" standard which should be applicable as provided in Section 267 of the Town Law. Regarding how substantial the variance is in rela- tion to the requirement Judge Rubin stated that the proposed building is only approximately 1/3 the size of the existing structures occupying only 450 square feet of the rear yard requirement of 25 feet which represents only 20% of the restricted area and con- sidering that a new and modern gasoline station will replace an old one admittedly in need of major im- provement. Another point the applicants brought out was regard- ing the increased population which they claim because it is a non-residential area will not be affected and there will be no change in the character of the neighborhood as there are now two other existing gasoline stations across the street and a diner ad- jacent to the property with a large parking area at the rear. In regard to the point as to whether the applicants can erect a new building without violating the Zon- ing Law the major problem with the operation of the present gasoline station is the visibility to traf- fic on the Boston Post Road. The last point in connection with the "practical difficulties" standard according to Professor Ander- son states that if an application is disallowed the applicant will continue his unsightly establishment and the neighborhood will be further diminished be- cause of it. Judge Rubin then stated that he had discussed the application with Mr. Joseph A. Minniti, an Attorney of 1 Depot Plaza, Mamaroneck, New York, who repre- sented Mr. Lawrence Spano, whose property adjoins the proposed gasoline station, and his client Power Test Petroleum Distributors, Inc. was willing to comply with any request to remove the objections of the adjoining property owners. Mr. Minniti said that Mr. Spano had requested that for the proposed landscaping they put in hemlocks instead of shrubs and that the air meter be relocated. Mr. Minniti stated that they would prefer the pro- posed sidewalk on Dean Place be concrete instead of asphalt and the vents coming from the lavatories be in the rear instead of through the roof. Mr. Minniti, also, said as far as the lighting is con- cerned the adjoining property owners suggested that the lights be cast to the front instead of the rear and that if the station was to have a warning alarm it be put inside instead of outside. A question was raised as to the radius of the curb cut on Dean Place and Mr. Wechsler who is an employee of Power Test stated that whatever the Town required they were willing to conform and if it was more prefer- able to extend the sidewalk on Dean Place his firm would comply. Mr. Wechsler presented a picture to the Board of the proposed station and said that they intended to erect the best looking gas station pos- sible. The question was raised regarding the hours of opera- tion and Mr. Clifford Henry of 18 Dean Place spoke about the number of children on Dean Place and the traffic. The Chairman pointed out that there was no requirement in the Ordinance regarding the hours of operation or traffic but Mr. Paonessa stated that it would be necessary for this application to go to the Town Board who in turn will refer it to the Planning Board for their recommendations. After further discussion the Chairman asked for a short recess and when the Board returned the Chair- man stated that they had decided on placing certain conditions if the application was approved which would be incorporated in the Resolution. A vote was taken on the application and the result was as follows: I f q Commissioner Eggers - Aye Commissioner Topping - Aye Commissioner Geary - Aye The application was therefore granted and the fol- lowing Resolution was duly adopted: WHEREAS, Power Test Petroleum Distributors, Inc. has submitted an application for a building permit to the Building Inspector for the construction of a one story gas- oline station building having a setback of 10' 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 Zoning Ordinance of the Town of Mama- roneck with particular reference to Article IV Section 410 Schedule of Regulations for Non-Residential District together with a 10 ft. buffer strip on the premises lo- cated at 2385 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 415; and WHEREAS, Power Test Petroleum Distributors, Inc. has submitted to this Board an appli- cation for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The applicants claim that the proposed structure is only 1/3 the size of the existing struc- tures and there will be no affect on increased population because it is for non-residential use. 2. The applicants maintain there will be no change in the neigh- borhood as there are now two exist- ing gasoline stations across the street and a diner adjoining the proposed gasoline station. 3. Because the present gasoline station has not sufficient visi- bility of traffic on the Boston Post Road a more open service area will help solve that problem. 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, i'q NOW, THEREFORE, BE IT RESOLVED, that this Board granted the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. That the proposed new station will replace an old gas station in need of major repairs. 2. There will be no change in the charac- ter of the neighborhood as there are already two gasoline stations and a diner. 3. The applicants are permitted to build a gas station but because of the visibility of traffic on the Boston Post Road it is more feasible to erect the building at the rear of the property. 4. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV, Section 410 would de- prive the applicant of the reasonable use of land and/or build- ing and that for these reasons the granting of the variance is nec- essary for the reason- able use of the land and/or building and //`13 that the variance as granted by this Board is the minimum adjust- ment that will accom- plish this purpose. 5. That the granting of this variance is in harmony with the general purposes and intent of this Ordi- nance and will not be injurious to the neigh- borhood or otherwise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Non-Residential District of the Zoning Ordinance so as to allow the construction of a one story gasoline station building to be erected having a 10' rear yard instead of a 25' setback from adjoining Residential District on the premises located at 2385 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 415 in strict conformance with plans filed with this application and a- mended, subject to the following conditions, provided that the applicant complies in all other respects with the Zoning Ordi- nance and Building Code of the Town of Mamaroneck: 1. That the applicants relocate the curb cut on Dean Place and center between the gas pump island. 2. That the applicants provide a 4' wide concrete sidewalk along Dean Place. 3. That a post and rail fence be provided along the westerly boundary line. 4. That the air meter be relo- cated 10' southerly from the curb cut. 5. That the 10' buffer be planted with 6' high evergreens to form a landscape screen. 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 build- ing permit shall be void if construction is not started within six months and com- pleted 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:20 P.M. Rita A. Johnso , Secretary C 'i( �j�