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HomeMy WebLinkAbout1978_03_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 22, 1978, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of Mr. Wassman , the meeting was called to order by the acting Chairman, Mr. Boraczek at 8:15 P.M. ROLL CALL Present: Mr. Andrew W. Boraczek , Acting Chairman Mr. Lawrence G. Bodkin, Jr. Mr. Peter B. Moore Absent: Mr. E. Robert Wassman Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of February 22, 1978 were pre- sented 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. CASE 473 Mr. Codino' s application had been held over from the meet- ing of February 22, 1978 because only three members were present and the applicant had asked to have his case post- poned. Mr. Boraczek explained to Mr. Codino that the situation was the same and his application would have to have an unanimous vote. Mr. Codino requested his appli- cation be held over to the next meeting on April 26, 1978. Mr. Boraczek told Mr. Gulla the next applicant that the same thing applied to his application and he had the privi- lege of postponing his case to the next meeting without penalty. Mr. Gulla said he would have his application heard at this meeting. The Chairman asked the Secretary to read the application. APPLICATION NO. 1 - CASE 476 Application of Mr. Alfredo Gulla for modification of Ar- ticle V Section 28 Subsection A (5) of the Zoning Ordinance which only permits the sale of used motor vehicles when accessory to new car dealer and located on the same lot as permitted principal use, so as to allow the improvement of the parcel to be used for the storage and sale of used cars and the construction of a one story building to be used as a sales office on the premises located at 2543 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Gulla presented his application to the Board and stated that his hardship was that he had no facilities due to the fact that the old building that he had been using had been demolished. Mr. Gulla stated that the building because of its age, was very expensive to maintain and that a new building would additionally provide office space and utilities for sales personnel and customers. Mr. Gulla further stated that he had acquired the adjoining parcel and the proposed plan would add approximately 13 additional used car spaces in addition to a building of about 20 x 30. The applicant pointed out that there would be no other changes and that his main office and new car dealership would still be located at 2030 Boston Post Road. The Board questioned as to whether Mr. Gulla would use the existing curb cut and driveway and if any extra light- ing would be added. The Board decided that if the appli - cation was approved it would be subject to the same con- ditions as the previous application that was granted to Mr. Gulla on July 28, 1976. No one appeared in opposition to the application and after further discussion a vote was taken and the result was as follows : Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Alfredo Gulla has submitted an ap- plication to the Building Inspector to allow the improvement of the parcel to be used for the storage and sale of used cars and the con- struction of a one story building to be used as a sales office as a principal use instead of an accessory use to a new car dealership lo- cated on the same lot together with plans ; and WHEREAS, the Building Inspector had refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article V Section 28 Subsection A (5) which restricts the use of a parcel of land for the storage and sale of used cars as a prin- cipal use on the premises located at 2543 Bos- ton Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Par- cel 1 ; and WHEREAS, Mr. Alfredo Gulla has submitted an ap- plication for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons: 1 . It is necessary for the applicant to provide office space and utilities for his sales personnel . 2. The building the applicant had been using for a sales office due to its age and construction became very expensive to maintain and had been demolished. 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, NOWI: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 the said circumstances and/or conditions are as follows: 1 . The improvement of the parcel will provide a sales office and utilities for the applicant's used car business. 2. The conditions are such that the particular appli- cation of the Ordinance with respect to Article V Section 28 Subsection A (5) which permits the sale of used cars as an accessory use to a new car dealer located on the same lot would deprive the ap- plicant of the reasonable use of the land and/or build- ings and that for these ! � l reasons the granting of the variance is necessary for the reasonable use of the land and/or building and that the variance, as granted by this Board, is the minimum adjustment that will accomplish this pur- pose. 3. That the granting of this variance is in harmony with the general purposes and intent of this 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 V Section 28 Subsec- tion A (5) be varied and modified so as to al - low the improvement of the parcel to be used for the storage and sale of used cars and the construction of a one story building to be used as a sales office on the premises located at 2543 Boston Post Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 504 Parcel 1 in strict conformance with plans filed with this application and subject to the following conditions, provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1 . That the sale of used cars is limited to only those cars taken in trade at its principal business location. 2. That open air service be limited to only the washing of used cars sold from the parcel . 3. That all lighting and signs com- ply with the Building Code. 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. Rita A. Johnson, Secretary