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HomeMy WebLinkAbout1974_08_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD AUGUST 28, 1974, 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 8:20 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Absent: Mr. E. Robert Wassman Mr. Lawrence G. Bodkin, Jr. APPROVAL OF MINUTES The minutes of the meeting of July 24, 1974 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. Eggers explained to the applicant that because only three members were present their application would have to be approved unanimously and they had the privilege of withdrawing their application to another meeting with- out penalty. The Chairman asked the Secretary to read the application. APPLICATION NO. 1 - CASE 409 Application of Dollar Savings Bank of New York for modi- fication of Article IV Section 510 "Building Permits" and Section 520 "Certificate of Occupancy" which requires that no building permit or certificate of occupancy shall be issued for any building or use unless it complies with the provisions of the Zoning Ordinance to permit the con- struction and occupancy of a temporary bank building and appurtenances on the premises located at 1350 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcels 130 and 140 on the grounds of practical difficulty and/or unnecessary hardship. Mr. John L. Delius , an Attorney of 7 Woodland Avenue, Larchmont, New York, represented the applicant, Dollar Savings Bank of New York and stated that the bank was desirous of locating on the property that they had pur- chased in June 1973. Mr. Delius said that the bank had applied to the New York State Banking Department and the Federal Deposit Insurance Corporation for permission to establish a branch office at the time the property was purchased. The Superintendent of Banks approved the ap- plication and action was brought in Supreme Court to over- turn the decision. Judge Walsh ruled in favor of the Banking Department and although the Banking Department has never lost a case of this type a series of appeals could extend litigation for possibly at least an extra six months. The Dollar Savings Bank has received a per- mit from the Town of Mamaroneck Building Department to erect a permanent building but because of the litigation they would like to construct a temporary building until litigation has been favorably resolved or for a period of not more than one year. A rendering of the temporary building was presented to the Board and Mr. Justus DeVries , of Dorset, Vermont, the Architect for the Dollar Savings Bank, stated that most of the landscaping, curbing, sidewalk and parking on the proposed site of the temporary building would be permanent. Mr. DeVries said that the applicant had com- plied with all the requests of the Building Inspector and Town Engineer and no variance was required for the permanent building. Mr. DeVries further stated that the temporary building provided for two exits and fire ex- tinguishers. Mr. Henry G. Waltemade of 5 Hidden Green Lane, who is the President and Chairman of the Dollar Savings Bank stated that the bank had a substantial investment in the property in question and that the temporary structure would be an improvement over the present site. Mr. Walte- made said the temporary building would provide for four tellers and washroom facilities and be fully carpeted. Mr. Waltemade further stated that the Dollar Savings Bank wanted to render their services to the Town and would add to the tax ratables of the Town. Mr. Eggers questioned as to why the temporary building was to be located at the proposed site. Mr. DeVries said that because of the traffic the Department of Transporta- tion had insisted on the entrance in the rear on Weaver Street and the applicant wanted to provide sufficient parking spaces. Mr. Waltemade said that the bids for the permanent build- ing were being opened on August 29, 1974. Mr. DeVries stated that the bid would cover the total site as a pack- age and that some permanent landscaping and parking would be completed but because of the season some evergreens wouldn' t be planted until Spring. Mr. Boraczek questioned as to when the temporary building could be completed. Mr. DeVries said it could be finished by Thanksgiving and the permanent part of the project completed in six or seven months if there are no legalities. Mr. DeVries, also, said that the temporary building could be removed and used elsewhere. It was pointed out that 1 if the application was approved the applicant would have to apply to the Town Board for permission to use a building that was not fireproof and in addition the floor load of the temporary building was not adequate. Mr. DeVries said that the applicants had agreed to provide the 100#/ft. live load which is the minimum requirement of the Build- ing Code. Mr. Gabriel Wendel of 101 Rockland Avenue, who has been a resident of the Town for 38 years and is associated with the Union Savings Bank said he was opposing the ap- plication as another savings bank would create a hardship. Mr. Wendel said that the Union Savings Bank had been in business since 1887 and when the Dollar Savings Bank made their first application to the New York State Bank Depart- ment they had been turned down but when it was presented again it was approved. Mr. Wendel further said that the Union Savings Bank was in litigation and what would hap- pen to the temporary building if they win. Mr. Eggers explained that the Zoning Board was only concerned with the merits of the application as to whether Dollar Sav- ings Bank should be allowed to build a temporary building and whatever the decision is from the litigation would be the problem of the Dollar Savings Bank. Mr. Wendel concluded that he did not know where the hardship was. Mr. William G. Massey, Jr. of 290 Weaver Street, who is a resident of the Town and also connected with the Larch- mont Federal Savings and Loan Association said he was worried about the litigation. Mr. Massey stated that the building permit for the permanent building sets a value of $225,000.00 and the temporary building has a value of $45,000.00 which would not increase the tax rat- able anymore than it is at present. Mr. Massey, also, questioned as to how long was "temporary" and wasn't it possible Dollar Savings Bank just wanted to see how they would make out. Mr. Paul Starck of 1104 Park Avenue, Mamaroneck, who is President of the Mamaroneck Federal Savings and Loan Assoc- iation said he was opposed to a temporary building which is against the laws as they now stand. Mr. Robert Plaut of 1 Lancia Lane questioned as to whether it would be "temporary" , as conceivably it could be a long term proposition. Mr.Chauncey Haviland of 7 Thompson Place, a resident and Executive Vice President of Union Savings Bank said he felt there was no need for granting the variance and the Dollar Savings Bank should wait for the permanent struc- ture to be completed. Mr. Maurice Serling of 6 Weaver Street, who is the adjoin- ing property owner to the proposed bank questioned as to why they did not go ahead and build the permanent build- ing. Mr. Serling said he would like to see the bank lo- cated there. J The Chairman pointed out that the applicant's hardship was because of the fact that the permanent building was being held up because of the litigation. Mr. Eggers ex- plained that the decision of the Zoning Board on the ap- plication would determine whether the Dollar Savings Bank had to appear before the Town Board and after the Board discussed the application further they would vote. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Eggers - Nay Commissioner Boraczek - Nay Commissioner Hardesty - Nay The application was therefore denied and the following Resolution duly adopted: WHEREAS, Dollar Savings Bank of New York has submitted an application for a building per- mit to allow the construction and occupancy of a temporary bank building and appurtenances 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 IV Section 510 "Building Permits" and Section 520 "Cer- tificate of Occupancy" which requires that no building permit or certificate of occupancy shall be issued for any building or use unless it complies with the provisions of the Zoning Ordinance on the premises located at 1350 Bos- ton Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcels 130 and 140; and WHEREAS, Dollar Savings Bank of New York has submitted to this Board an application for a variance on the ground of practical diffi- culty and/or unnecessary hardship for the fol- lowing reasons : 1 . The applicant has received a per- mit to erect a permanent building but because of litigation they would like to construct a temporary build- ing until litigation has been favor- ably resolved or for a period of not more than one year. 2. The proposed temporary building is of excellent design and will be an improvement over the present site. 3. The Dollar Savings Bank has a J substantial investment in the property and the proposed bank will be an addi- tional source of tax revenue for the Town. 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 denied the applica- tion on the following grounds : 1 . That there were no special circ- 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. 2. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive the applicant of the reasonable use of the land. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Secretary was asked to advise Mrs. Brewer, the Supervisor's Secretary that the application had been denied. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:45 P.M. \ ;1` Rita A. Johnson, Secretary J