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HomeMy WebLinkAbout1976_07_13 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 13, 1976, IN THE COURT HOUSE, 1201 PALMER AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:25 P.M. ROLL CALL Present: Mr. E. Robert Wassman, Chairman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr.. Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. The Chairman explained that the application to be heard at this meeting for Palmer Landscaping and Building Mater- ials, Inc. had been heard at a Public Hearing at the Town Board meeting held on July 8, 1976 and granted a Special Permit. He further said that the Town Board had granted permission for outdoor storage and the Zon- ing Board' s responsibility was to pass on the applica- tion for the sale of goods at wholesale. The Secretary was then asked to read the application. CASE 445 - APPLICATION NO. 1 Application of Palmer Landscaping and Building Materials, Inc. for modification of Article V Section 28 Subsection A (1 ) "Business Districts" which permits retail sales only and Article VII Section 41 Subsection G (1 ) "Con- struction Requirements" which permits indoor storage only, so as to permit as an accessory use to nursery business the sale of goods at wholesale and outside stor- age of nursery supplies and stock on the premises loc- ated at 2155 Palmer Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 501 Parcel 1 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Joseph Minniti , an Attorney, of Minniti and Pirro of 100 Mamaroneck Avenue, Mamaroneck, New York, repre- senting the applicants stated his clients application was based on the appeal from the determination of the Building Inspector to bar the sale of goods at wholesale. He said that the applicants had been granted approval of their application for a Special Permit to conduct - l ? Tv the nursery business on the premises and they intended to present evidence concerning the necessity of whole- sale as well as retail sale of goods at the property. Mr. Minniti further stated that the applicants intended to purchase their supplies in bulk from various farms , etc. and store materials and other supplies on the pro- perty. He presented the Board with a site plan showing the proposed buildings and indicating the entire property to be 77,000 sq. ft. The two buildings will occupy 9,200 sq. ft. with approximately 15,000 sq. ft. being used for storage and parking for 55 cars. Mr. Orlando Rosamillia of Great Neck, Long Island, who has the s m type of operation as the proposed nursery stated he'been in the business for over 25 years. He said they supply landscape gardeners and small nurseries and their wholesale business is between 25 to 40% and economically it was necessary to sell wholesale because it is a seasonal business. Mr. Rosamillia said he had found in terms of traffic that there was more traffic from retail than wholesale and during the months of Decem- ber to March the wholesale business keeps them going. A question was raised as to what kind of "building sup- plies" they would carry and the response was only those related to a landscape contractors needs for retaining walls, patios, etc. The applicants stated that all their supplies would be pre-packaged. Mr. Alan Katzenstein of 51 Rockwood Drive, Larchmont said he was concerned with the problem of noise. The Chairman explained to Mr. Katzenstein that the Zoning Board was only ruling on whether or not the applicants could sell wholesale. Mr. Minniti said that the property backed up to the thruway and the railroad and they in- tended to keep noise down as much as possible. It was pointed out that at the Town Board hearing they had deci- ded that one of the conditions of the granting of the Special Permit was that the hours of operation would be from 8 A.M. to 9 P.M.and there would be no public address or loud speaker system. In conclusion it was pointed out that it would be a hard- ship on the applicants economically if they were not permitted to sell wholesale. After further discussion a vote was taken on the application and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution duly adopted: WHEREAS, Palmer Landscaping and Building Mater- ials, Inc. have submitted an application to the Building Inspector to allow the sale of goods at wholesale 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 V Section 28 Subsection A (1 ) "Business Districts" which permits retail sale only on the premises located at 2155 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 1 ; and WHEREAS, Palmer Landscaping and Building Mater- ials , Inc. have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reason: 1 . Because the proposed business is seasonal and it is necessary to sell wholesale so as to economically sustain the operation. 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 for the following reasons: (a) That there are special circum- stances and conditions applying to the land and/or building for which the 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) These circumstances and/or con- ditions are as follows : 1 . The property does not lend itself to the storage of large quantities of gar- den supplies and materials due to the condition imposed by the Special Permit. 2. That the proposed sale of materials and supplies at wholesale will be less than 40% of retail sales (/- and only an accessory to the retail business. 3. That the sale of mater- ials and supplies at whole- sale will enable the appli- cant to sell during slack periods and replenish his supplies for retail sales. 4. The applicants could not operate the proposed business economically with- out the sale of goods at wholesale. 5. The conditions are such that the particular appli- cation of the Ordinance with respect to Article V Section 28 Subsection A (1 ) "Busi- ness Districts" which per- mits retail sales only would deprive the applicant of the reasonable use of the land and/or buildings and that for these reasons the granting of the variance is necessary for the reason- able use of the land and/or building and that the vari- ance as granted by this Board is the minimum adjustment that will accomplish this • purpose. 6. The granting of this 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 pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article V Section 28 Subsec- tion A (1 ) "Business Districts" be varied and modified so as to permit the sale of goods at wholesale on the premises located at 2155 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 1 in strict conformance with plans filed with this application and conditions of Spe- cial Permit granted by the Town Board at a meet- ing held July 8, 1976 provided that the appli- cant complies in all other respects with the Zon- ing Ordinance and Building Code of the Town of Mamaroneck. I 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 one year of the date of said permit; and he it 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 9:45 P.M, L.6 . Rita A. Johnson, Secretary i � 1�