Loading...
HomeMy WebLinkAbout1969_03_01 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 1, 1969, 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 9:15 a.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Henry Mullick Mr. Price H. Topping Mr. Russell G. Pelton Absent: Mr. E. Robert Wassman Also present: Mr. James J. Johnston, Town Attorney Mr. William Paonessa, Building Inspector CASE 305 - APPLICATION OF MR. IRVING COOK The Board met to continue the case of Mr. Irving Cook, owner of Cook's Restaurant at 1265 Boston Post Road which had been adjourned from the meeting of February 26, 1969. The Chairman asked Mr. Paonessa,the Building Inspector if he had checked over the computations. Mr. Paonessa responded that the actual floor space of the restaurant proper amounts to approximately 3674 square feet of which about 38% is aisle and circulation space. Accord- ing to Mr. Paonessa's computation the 38% represents 29 car spaces which Mr. Reville in his analysis says should not be used for parking requirements. Mr. Paonessa calculated that the total dining area in the pub is 1960 square feet of which approximately 34% represents aisle and circulation space which amounts to 14 car spaces. The usable parking area amounts to 24,700 square feet plus 9,000 square feet of the leased land and would amount to 96 car spaces for off-street parking. According to Mr. Paonessa's interpretation of one car for every fifty square feet of floor space devoted to patron use, 113 car spaces are required and there is a deficiency of 17 spaces according to Mr. Paonessa's interpretation. Mr. Cook's addition to the restaurant would add another 4000 square feet approximately to the floor area of the building which represents between 41 and 42% added on. According to Mr. Reville's parking analysis plan a total of 70 tables are shown on the plan with addi- tional table spaces devoted to the bar space which makes possibly 74 tables. Mr. Reville's plan would allow less than one car space per table. The recre- ation area is unchanged. Mr. Paonessa, also, stated that it will be necessary to have at least two loading docks of approximately 15' x 40' which will amount to 600 square feet each or a total of 1200 square feet resulting in the loss of 3 more car spaces. There is, additionally, space along the building where outside garbage containers are stored. The proposed addition of the pub will, also, subtract from the existing parking spaces. If the driveway entrance at the westerly side of the new pub would have to be changed or relocated at the northeast corner of the lot it would be nec- essary for the Town Engineer to approve the site plan and would mean a loss of another two or three spaces. At the westerly end of the parking lot if the property were to be redeveloped there will be a loss of another three or four parking spaces. There would be a deficiency of approximately 17 or 18 spaces which would be lost on the development of the property. Mr. Johnston presented to the Board a letter from the Fire Chief of the Town of Mamaroneck. Chief Condro had been asked by the Town Attorney for his opinion concerning the ability of the Fire Depart- ment apparatus to safely enter the property now oc- cupied by Cook's Restaurant in case the Fire Depart- ment was summoned to the area. Chief Condro stated that it was his opinion that at times when the pre- sent facility is being used at or near capacity level it would be most difficult for the fire apparatus to enter the area. The Fire Chief said he would request that there be no parking allowed near the building on both sides and that Mr. Cook place signs that are properly marked "Fire Lane" and "No Park- ing". The Zoning Ordinance states that all business property bordering on a residential area requires that a 10' buffer zone be provided. The parking area at the easterly side of the premises is paved almost to the rear property line. Mr. Paonessa's computations allowed for the 10' buffer zone. Mr. Sansone,an Attorney, who represent the Castro Convertible Company whose property adjoins Cook's said that the Castro Company expected to submit plans within the next two weeks to the Building Inspector for the construction of a two story building. Mr. Sansone stated that Castro had sufficient land for the new building and they did not anticipate any problems. The first floor is to be used for a show room of about 7500 square feet and the second floor of approximately 2500 square feet would be leased out for office space. Mr. Forbes, the Attorney, representing Mr. Irving Cook stated that he could not see why the report c2 q from the Fire Department or information regarding Castro's new building should be considered by the Board and the Board should not take into consider- ation what might happen. He stated that the two main points to be studied should be the willingness of the Board to consider the leased property as part of the property owned by Mr. Cook and the interpre- tation of the space to be devoted to patron use. Mr. Pelton questioned as to whether a different for- mula was used to compute the recreation area as he did not think aisle space could be likened to rec- reation space. Mr. Paonessa explained that the rec- reation area had been computed to Mr. Cook's benefit and that the aisleway between the easterly side was approximately 8' x 11' , at the left side of the build- ing there was a small aisle space and on the right side leading back to the present recreation room. Mr. Eggers asked Mr. Johnston if the question raised by Mr. Forbes regarding the report of the Fire and Police Chiefs was proper. Mr. Johnston replied that it definitely was and according to Section 106 of the Zoning Ordinance one of the purposes of the Zon- ing Ordinance was to promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the Town. In regard to the statement that the Board should rule in favor of the property owner Mr. Johnston stated that this is a decision reserved for the Zon- ing Board and the Board is allowed a reasonable amount of discretion in their interpretation. Mr. Johnston asked Mr. Paonessa if under the provi- sions of the Code if the area Mr. Cook set aside for a game room could ever be converted into a dance room. Mr. Paonessa said he would have to look into it but he thought it would be permitted. It was, also, pointed out that parking is prohibited com- pletely on the Boston Post Road in frontof the res- taurant and across the street. Mr. Pelton addressed Mr. Forbes and stated that the application on intrepretation was proper and that in regard to traffic and parking the Zoning Ordinance states that the Board must consider traffic and safety. Mr. Topping addressed Mr. Forbes and said that the Board would not consider future developments in de- ciding on the application but only what related to Cook's property and Cook's uses. It was pointed out that Mr. Cook had been notified that he was in violation by using a portion of the 10' buffer strip for parking approximately 12 cars and Mr. Forbes answered that because of the topography of the lot Mr. Cook felt the cliff was enough of a buffer strip. Mr. Scheuble presented the Board with a letter which was read by Mr. Pelton. Mr. Mullick summed up by ( 6 4o saying that the application was a matter of inter- pretation and that the area required for parking was for 113 cars and Mr. Cook's plan provided for 96 which leaves a deficiency of 17 parking spaces. The Board voted on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Mullick - Aye Commissioner Topping - Nay Commissioner Pelton - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Irving Cook has submitted an application for a building permit to the Building Inspector for the construc- tion of a one story addition and altera- tion to the north and easterly side of the building 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 Mamar- oneck with particular reference to Article IV, Section 410, "Schedule of Regulations for Non-Residential Districts"and Article IV Section 400.10 "Accessory Uses" which requires sufficient off-street parking facilities on the premises located at 1265 Boston Post Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 412 Parcels 449 and 439; and WHEREAS, Mr. Irving Cook has submitted to this Board an application for an inter- pretation of said Ordinance for the fol- lowing reasons: 1. The applicant's plan does not compute aisle and circula- tion areas, which the Building Inspector figures in his compu- tations. 2. The applicant requests the Board consider the leased par- cel as part of the property. 3. The applicant contends that the Zoning Ordinance should be construed in favor of the pro- perty owner where there is any doubt of interpretation. © , J WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the ap- plication and interpretation of the appli- cable provisions of the Zoning Ordinance of the Town of Mamaroneck on the follow- ing grounds: 1. The Board determines that the interpretation of the Town Building Inspector is correct and that aisle and circulation space is an important factor in determining the area to be used for parking. 2. The traffic and safety must be considered by the mandate of the Ordinance itself. 3. The alleged facts and cir- cumstances claimed by the appli- cant to entitle him to the var- iance do not exist. 4. 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 neighborhood and detrimental to the public welfare in their interest as they apply to fire safety, traf- fic control and congestion in that the area is already a den- sely trafficked one being "Route #1". The report of the Fire Chief reveals that at present there is a problem for fire equip- ment to gain access. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this Special Meeting it was adjourned at 9:45 a.m. a Rita A. Johnson, Secretary