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HomeMy WebLinkAbout1975_03_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 26, 1975 , 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. Richard F. Eggers , Chairman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Absent: Mr. E. Robert Wassman Mr. Andrew W. Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of February 26 , 1975 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. Mr. Eggers explained to the applicant that because only three members were present the application would have to be approved unanimously and they could adjourn their appeal to a later meeting without penalty. APPLICATION NO. 1 - CASE 420 Application of Mr. Frank Micelli for modification of Ar- ticle IV Section 410 Schedule of Permitted Uses in a "B" Business District to allow the use of the premises for a wholesale and storage business and Article IV Section 410 Schedule of Regulations for a Non-Residential District which permits a maximum building coverage of 25%, exist- ing structure covers50% of the lot at the premises located at Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Parcel 45 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Eggers pointed out to members of the Board who were present that the Zoning Board had approved the building in question in 1972 for the use of a contractor's garage and office to store and maintain contractor's equipment and buses. The Chairman, also, stated that the Planning Board had recently approved the subdivision of the lot and recommended that the Town Board permit Mr. Micelli to build on the adjoining lot to be used for the mainte- /6 YL, nance and storage of school buses. Mr. Eggers further stated that the applicant is now requesting that the use of the present building be changed to a warehouse and office use and that the lots are already separated by a chain link fence. Mr. Francis Auletta, an Attorney of 350 Mamaroneck Ave- nue, Mamaroneck, New York, represented the applicant, Mr. Frank Micelli and stated that his client because of financial problems has found it necessary to divide the lot. Mr. Auletta said that the City of New Rochelle which is directly across the street from the subject property is zoned for M-1 Industrial which permits the use in question and the variance if granted will not be injurious to the neighborhood. The Chairman pointed out that there are residential build- ings in the area and questioned as to whether the ware- house would increase the traffic. The applicant said that the only tie up would be when the trucks deliver and it would be necessary to back up before they pull into the off-street loading area on the property. Mr. Eggers, also, questioned as to the type of warehouse and stated that a storehouse for liquor would be a prime target for burgularies. Mr. Micelli said that the build- ing would be fully alarmed. After further discussion the Board decided to vote on the application and the result was as follows : Conuni ssi oner Eggers - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS , Mr. Frank Micelli has submitted an application for permission to use the premises for a wholesale and storage business together with the storage of contractor' s equipment at the rear of the property in a "B" Business Dis- trict and to permit a maximum building cover- age of 50%, together with plans ; and WHEREAS, 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 Permitted Uses in a "B" Business District which does not permit a wholesale and storage business and Article IV Section 410 Schedule of Regulations for a Non-Residential District which permits a maxi- mum building coverage of 25% on the premises located at Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Parcel 45; and } I WHEREAS, Mr. Frank Micelli has submitted to this Board an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . Because of financial problems it is necessary for the applicant to divide the lot. 2. The proposed use of the property will be in keeping with the surround- ing neighborhood. 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 grants 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 are pecu- liar to such land and/or buildings and do not apply generally to the land and/or building in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That said circumstances and/or conditions are such that the parti- cular application of the Ordinance with respect to Article IV Section 410 Schedule of Permitted Uses in a "B" Business District and Article IV Section 410 Schedule of Regulations for a Non-Residential District would deprive the applicant of the reason- able use of the land and/or buildings and that for these reasons the grant- ing of the variance is necessary for the reasonable use of the land and/ or buildings and that the variance as granted by this Board is the mini- mum adjustment that will accomplish this purpose. (c) That the granting of this vari- ance will be in harmony with the gen- /(4 / I eral purposes and intent of this 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 to the applicant and that Article IV Section 410 Schedule of Permitted Uses in a "B" Business District so as to permit a whole- sale and storage business together with the continued use of the premises for the storage of contractor' s equipment and Article IV Sec- tion 410 Schedule of Regulations for a Non- Residential District of the Zoning Ordinance so as to permit the existing structure to have a maximum building coverage of 50% on the pre- mises located at Valley Place and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 131 Parcel 45 in strict confor- mance 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 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 11 / 6 7