HomeMy WebLinkAbout1959_02_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF
APPEALS OF THE TOWN OF MAMARONECK, HELD FEBRUARY
25, 1959, IN THE COURT ROOM OF THE MAMARONECK POLICE
DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK.
CALL TO ORDER
Mr. Wullschleger, Chairman called the meeting or order
at 8:00 p. m.
PRESENT: Mr. A. E. Wullschleger, Chairman
Mr. George Schuler
Mr. Laurence Sobel
Mr. Sydney Bierman
ALSO PRESENT: Mr. Maurice Friedlander, Town Engineer and
Building Inspector
Mr. John L. Delius, Town Attorney
APPROVAL OF MINUTES
The minutes of the meeting held January 28, 1959 were
approved as presented.
HEARINGS
The Chairman stated that the Board would consider the two
hearings which had been continued at the meeting of January
28, 1959, and would hear first the application of James N.
Dandry.
The Chairman then declared the hearing open and requested
the secretary to read the application of James N. Dandry
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APPLICATION OF JAMES N. DANDRY Case # 28
Application of McGovern, Vincent and Connelly, agents for
James N. Dandry, for modification of Article II, Section 4,
subsection 12 of the Zoning Ordinance of the Town of Mamaro-
neck, as amended, so as to permit the premises located on
the west side of the Boston Post Road, 350 feet north from
Alden Road, and known as Block 409, Parcel 194 on the Tax
Assessment Map of the Town of Mamaroneck, to be used
as a Used Car Lot by the Cadillac Motor Car Division of
General Motors, on the ground that the location and character
of the parcel make it impossible to be used profitably unless
a variance be granted.
The Chairman asked if anyone present wished to speak either in
favor or in opposition to this application and the following persons
were heard:
For Appellant: Alfred Fanelli, Esquire
249 Huguenot Street, New Rochelle
Mr. James N. Dandry
49 Green Place, New Rochelle
Mr. P. J. Mehl, representative of'
Argonaut Realty Div, of General Motors
In Opposition: Mrs. J. W. Moran
18 Copley Road, Larchmont
Mr. Fanelli, representing James N, Dandry, appeared and showed
the plans that had been submitted with this application. He pointed
out that although this building was much larger than the one origin-
ally contemplated it really was a greater improvement to the
property.
Mr. Dandry was asked if he thought any motor or body work would
be done on the premises and stated in reply that it was his under-
standing that this would be a show-room for used cars and no repair
work would be carried on.
Mr. Mehl, representing Argonaut Realty Division of General Motors,
assured the Board that under no circumstances would any major
repairs be made on the cars.
Following further discussion upon motion by Mr. Schuler, seconded
by Mr, Wullschleger the following resolution was unanimously adopted:
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WHEREAS, McGovern, Vincent and Connelly, agents for
James N. Dandry, on the 9th day of January, 1959 filed
an application with this Board for modification of Article
II, Section 4 subsection 12 of the Zoning Ordinance of the
Town of Mamaroneck, as amended, so as to permit the
premises located on the west side of the Boston Post- Road,
350 feet north from Alden Road, and known as Block 409,
Parcel 194 on the Tax Assessment Map of the Town of
Mamaroneck to be used as a Used Car Lot by the Cadillac
Motor Car Division of General Motors, on the ground that
the location and character of the parcel make it impossible
to be used profitably unless a variance be granted; and
WHEREAS, this application came to be heard on January
28, 1959, at which time it was continued to the regular
meeting of this Board on February 25, 1959 in order to
give further notice to surrounding property owners; and
WHEREAS, this notice was duly sent to all surrounding
property owners; and
WHEREAS, James N. Dandry requests that because of
unnecessary hardship and practical difficulty this Board
grant a variance; and
WHEREAS, this Board has viewed the property and has
examined the plans and data submitted by the Appellant
and has heard all persons appearing for or against the
appeal:
NOW, THEREFORE, BE IT
RESOLVED that the application of James N. Dandry for
a use variance requesting the modification of Article II,
Section 4, subsection 12 of the Zoning Ordinance of the
Town of Mamaroneck, as amended, so as to permit the
premises located on the west side of the Boston Post
Road, 350 feet north from Alden Road, and known as Block
409, Parcel 194 on the Tax Assessment Map of the Town
of Mamaroneck, be granted on the grounds of practical
difficulty and unnecessary hardship as recited in the
application and which this Board finds exists; and it is
FURTHER RESOLVED that Article II , Section 4, subsection 12
of the Zoning Ordinance of the Town of Mamaroneck, as amended,
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relating to the use of premises located on the west side of the
Boston Post Road, 350 feet north from Alden Road and known
as Block 409, Parcel 194 on the Tax Assessment Map of the
Town of Mamaroneck, be varied and modified so as to allow
the premises to be used as a show -room and parking area for
used cars by the Cadillac Motor Car Division of the General
Motors Company, provided that the applicant complies in all
other respects with the Zoning Ordinance and Building Code
of the Town of Mamaroneck;
and it is
FURTHER RESOLVED that this variance is granted solely on
condition that the following requirements be strictly adhered to:
1. That a solid rustic-type fence, six (6) feet in height,
if approved by the Town Board, but in no event less than
four (4) feet in height, shall be erected and maintained in good
condition, along the entire rear property line.
2. That all lighting installations shall be under the
supervision and subject to the approval and requirements
of the Building Inspector as to height, location, focusing
and all other material aspects.
3. That no flood-lights or other exterior lighting shall
be operated or used after 9:30 p. m.
4. That no structures of any kind shall be erected on the
premises except in strict conformance with the plan pre-
pared by Alfred Willis, Architect, 132 Larchmont Avenue,
Larchmont, N. Y. dated November 1958, revised December
1958 and bearing file number 535.
5. No motor or other repairs or body work is to be
performed on the premises, but, this shall not prohibit
minor adjustments.
AND BE IT FURTHER RESOLVED that this variance shall
remain effective only so long as the premises are occupied
and actually used and operated by the Cadillac Motor Car
Division of General Motors, or by any subsidiary thereof
solely as a used car show-room and parking area and by
no other occupant and for no other purpose, but in no event
longer than a period of five (5) years from the initial com-
mencement of the term of such occupancy,
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AND BE IT FURTHER RESOLVED that in accordance with the
Rules and Regulations of the Zoning Board where a variance
is granted the applicant shall obtain a Building Permit within
three (3) months of the granting of the variance or the variance
becomes vacated. All work must be completed within one (1)
year of the issuance of the permit unless the period is extended
by the Building Inspector.
FURTHER RESOLVED that this decision be filed with the Town
Clerk as provided by Section 267 of the Town Law.
The Chairman then asked the secretary to read the applications of
Bado Realty Co. , Inc. and Herman and Elizabeth Bottjer which
were to be considered together.
APPLICATION OF BADO REALTY CO. , INC. Case # 29
Application of Bado Realty Co. , Inc. for modification of Article
II, Section 3 of the Zoning Ordinance of the Town of Mamaroneck,
as amended, so as to permit the erection of a building to be
used for commercial bowling, restaurant and parking area to
adjoin same, on premises known as Block 503, Parcel 137 on the
Tax Assessment Map of the Town of Mamaroneck, which is now
zoned for residence, on the ground that the location and charac-
ter of the parcel make it impossible to be used profitably unless
a variance be granted.
APPLICATION OF ELIZABETH AND HERMAN BOTTJER Case # 30
Application of Elizabeth and Herman Bottjer, for modification
of Article II, Section 3 of the Zoning Ordinance of the Town
of Mamaroneck, as amended, so as to permit the erection of
a building to be used for commercial bowling, restaurant and
parking area to adjoin same, on premises known on the Tax
Assessment Map of the Town of Mamaroneck as Block 503, Parcel 221
and located on the west side of the Boston Post Road, a portion
of which structure will extend beyond the 100 foot strip presently
zoned for business, on the ground of practical difficulty and un-
necessary hardship,
The Chairman asked if any person present wished to be heard
either in favor of or in opposition to this application and the
following persons were heard:
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For Appellant: Burton C. Meighan, Esquire
100 Mamaroneck Avenue, Mamaroneck, NY
Elmer E. Smith, Engineer
Seaford, Long Island, NY
In Opposition: None
Mr. Wullschleger stated that Chief Yerick, of the Town of Mamaro-
neck Police,had gone over the matter of entrance and exit with State
highway representatives, and had agreed to a combination roadway
opposite Dillon Road with an automatic "trip" at the exit aisle.
Mr. Meighan pointed out that the State had also approved an exit
at the southwest corner of the property with a right turn only onto
the Post Road,
Mr. Smith, engineer, stated that he would like to reserve the right
to erect a sign which could be seen from both directions, and the
Board said this would be agreeable providing all sign ordinances
were observed.
Following further discussion as to planting, fencing and parking
area layout, on motion by Mr. Bierman, seconded by Mr. Sobel
the following resolution was unanimously adopted:
WHEREAS, Burton C. Meighan, representing Bado Realty
Company, Inc. and Elizabeth and Herman Bottjer, on the
19th day of January 1959 filed applications with this Board
requesting modification of Article II, Section 3 of the Zoning
Ordinance of the Town of Mamaroneck, as amended, so as
to allow the construction of a commercial bowling alley,
restaurant and adjoining parking area on premises located
on the west side of the Boston Post Road and known as Block 503, Par-
cels 137 and 221 on the Tax Assessment Map of the Town of
Mamaroneck; and
WHEREAS, these applications came to be heard on January
28, 1959, at which time they were continued to the regular
meeting of this Board on February 25, 1959 in order to
give more time for study as to exits and entrances to the
premises; and
WHEREAS, Mr. Meighan requests that because of the location
and character of the parcels this Board grant a variance; and
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WHEREAS, this Board has viewed the property and has
examined the plans and data submitted by the applicant
and has heard all persons appearing for or against the
appeal:
NOW, THEREFORE, BE IT
RESOLVED that the application of Burton C, Meighan,
representing Bado Realty Company, Inc. and Elizabeth
and Herman Bottjer, requesting modification of Article
II, Section 3 of the Zoning Ordinance of the Town of
Mamaroneck, as amended, so as to permit the con-
struction of a commercial bowling alley, restaurant and
adjoining parking area on premises located on the west side
of the Boston Post Road and known as Block 503, Parcels
137 and 221 on the Tax Assessment Map of the Town of
Mamaroneck, be granted on the grounds of practical diffi-
culty and unnecessary hardship as recited in the application
and which this Board finds exists; and it is
FURTHER RESOLVED that Article II, Section 3 of the
Zoning Ordinance of the Town of Mamaroneck, as amended, be
varied and modified so as to allow the construction of a com-
mercial bowling alley, restaurant and adjoining parking area,
on premises located on the west side of the Boston Post Road
and known as Block 503, Parcels 137 and 221 on the Tax
Assessment Map of the Town of Mamaroneck, provided that
the applicant complies in all other respects with the Zoning
Ordinance and Building Code of the Town of Mamaroneck; and
it is
FURTHER RESOLVED that this variance is granted solely on
condition that the following requirements be strictly adhered
to:
1 . Building shall be built in strict conformity with the
plans filed February 25, 1959 and known as Plan @2273
2. Parking layout and usage, ingress and egress, will
be in strict accordance with Plan #2273 with the exception of
the southwest corner which will have an additional drive to be
used for exit only.
3 Planting and fencing to be as shown on plot plan filed
with this application except that the planting closing Hartung
Street may be 4 feet instead of the 5 feet as shown on plan.
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4. All external lighting will be subject to the approval of
the Town Engineer, Mr, Friedlander.
5. No structures other than that shown on the plan may be
built.
6. Refreshment facilities, as shown on plan, are to be only
such as are incidental to the conduct of bowling alleys.
FURTHER RESOLVED that in accordance with the Rules and
Regulations of the Zoning Board, where a variance is granted the
applicant shall obtain a Building Permit within three (3) months
of the granting of the variance or the variance becomes vacated,
All work must be completed within one (1) year of the issuance
of the permit unless the period is extended by the Building In-
spector.
FURTHER RESOLVED that this decision be filed with the Town
Clerk as provided by Section 267 of the Town Law.
The Chairman then requested the secretary to read the first appli-
cation.
APPLICATION NO, 1---OTTO SCHEUBLE Case #31
Application of Otto Scheuble for modification of Article III,
Section 9 of the Town of Mamaroneck Zoning Ordinance, as
amended, so as to permit the erection of a one family dwelling
within 30 feet of the street line, to wit, 22 feet, on premises
located at 25 Rockridge Road, Larchmont and known on the Tax
Assessment Map of the Town of Mamaroneck, as Block 412,
Parcel 596, on the ground that it does not conform with the
variance granted May 25, 1955.
The Chairman asked if anyone present wished to speak either in
favor of or in opposition to this application and the following per-
sons were heard:
For Appellant: Otto Scheuble, 3 Rockridge Road, Larchmont
In Opposition: Arthur Greenleigh, 24 Rockridge Road,
Larchmont
Mr. Scheuble stated that due to the topography of the parcel it was
impractical to build in conformance with the plans previously filed as
the house would be out of line with neighboring houses.
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Mr. Greenleigh pointed out that in order to build, a certain amount
of blasting would have to be done and this would endanger surrounding
houses.
Following further discussion on motion by Mr. Schuler, seconded
by Mr. Sobel the following resolution was unanimously adopted:
WHEREAS, Otto Scheuble has applied for modification of
Article III, Section 9 of the Zoning Ordinance of the Town
of Mamaroneck, as amended, so as to permit the erection
of a one family dwelling within 30 feet of the street line, to
wit, 22 feet on premises located at 25 Rockridge Road and
known on the Tax Assessment Map of the Town of Mamaro-
neck as Block 412, Parcel 596; and
WHEREAS, Otto Scheuble requests that because of topograph-
ical characteristics this Board grant a variance and over-
rule the decision of the Building Inspector refusing to issue
a permit for construction of a one family dwelling in accord-
ance with plans submitted to him; and
WHEREAS, this Board has viewed the property and has ex-
amined the plans and other data submitted by the applicant
and has heard all persons appearing for or against this appeal;
NOW, THEREFORE, BE IT
RESOLVED that the appeal of Otto Scheuble from the decision of
the Building Inspector refusing the issuance of a permit for the
erection of a one family dwelling within 30 feet of the street
line, to wit, 22 feet on premises located at 25 Rockridge Road
and known on the Tax Assessment Map of the Town of Mamaroneck
as Block 412, Parcel 596 be granted on the ground of practical difficulty
and unnecessary hardship as recited in the application and which
this Board finds exists; and it is
FURTHER RESOLVED that Article III, Section 9 of the Zoning
Ordinance of the Town of Mamaroneck, as amended, be varied
and modified so as to permit the erection of a one family dwelling
within 30 feet of the street line, to wit, 22 feet on premises
located at 25 Rockridge Road and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 412, Parcel 596;
FURTHER RESOLVED that this variance is granted solely on
condition that the following requirements be strictly adhered to:
1. There will be no blasting on the premises in connection
with the construction of the house.
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2. The dwelling is to be erected in strict conformance
with the plans filed with this Board, February 25, 1959.
FURTHER RESOLVED that in accordance with the Rules and
Regulations of the Zoning Board, where a variance is granted
the applicant shall obtain a Building Permit within three (3)
months of the granting of the variance or the variance becomes
vacated. All work must be completed within one (1) year of
the issuance of the permit unless the period is extended by the
Building Inspector.
FURTHER RESOLVED that this decision be filed with the
Town Clerk as provided by Section 267 of the Town Law.
The Chairman then requested the secretary to read the fourth application.
APPLICATION NO. 4---HORY CHEVROLET COMPANY Case # 34
Application of Hory Chevrolet Company for modification of
Article II, Section 3 of the Town of Mamaroneck Zoning
Ordinance, as amended, so as to permit the construction of
a car-port on premises located at the north east corner of
Weaver Street and the Boston Post Road and known on the
Tax Assessment Map of the Town of Mamaroneck as Block
410, Parcel 268 on the ground that it does not conform with
the variance granted June 4, 1947.
The Chairman asked if anyone present wished to speak either in favor
of or in opposition to this application the the following persons addressed
the Board:
For Applicant: Thomas Hory, Weaver St. &
Post Road, Larchmont
In Opposition : None
Mr. Hory explained that this would be a carport to cover 16 cars which
would be on display in front of the building and that he felt it would
improve the looks of the property.
Following some discussion on motion by Mr. Sobel, seconded by
Mr. Wullschleger the following resolution was unanimously adopted:
WHEREAS, Thomas Hory, representing Hory Chevrolet Company,
has applied for a variance in connection with Block 410, Parcel
268 on the Tax Assessment Map of the Town of Mamaroneck, so
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as to permit the erection of a carport to cover 16 used cars
within the area for which a variance was granted by this
Board June 4, 1947; and
WHEREAS, in the opinion of the Board the construction of
such carport will not adversely affect the neighborhood
properties providing it was built and maintained in con-
formity with other buildings on this property and
WHEREAS, this Board has viewed the property and has examined
the plans and other matters submitted by the applicant and
has heard all persons appearing for or against the appeal;
NOW, THEREFORE, BE IT
RESOLVED permission is hereby granted for the erection of
a carport in front of the existing building on premises located
at the north east corner of Weaver Street and Boston Post
Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 410, Parce1268, providing the con-
struction of such carport comply in all other respects with
the Zoning Ordinance and Building Code of the Town of
Mamaroneck; and it is
FURTHER RESOLVED that in accordance with the Rules and
Regulations of the Zoning Board, where a variance is granted
the applicant shall obtain a Building Permit within three (3)
months of the granting of the variance or the variance becomes
vacated. All work must be completed within one (1) year of
the issuance of the permit unless the period is extended by the
Building Inspector.
FURTHER RESOLVED that this decision be filed with the
Town Clerk as provided by Section 267 of the Town Law.
The secretary was then requested to read the fifth application.
APPLICATION NO. 5---JOSEPH PITTERA Case # 35
Application of Joseph Pittera for modification of Article II,
Sections 3 and 6 to allow the construction of a garage and sun
foom on premises located at 30 Lester Place and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 130,
Parcel 128 on the ground that it does not conform with the
variance granted February 24, 1954.
The following persons addressed the Board:
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For Applicant: Jerome N. Wanshel, Esquire
132 Larchmont Ave. , Larchmont
Joseph Pittera, 30 Lester Place, Larchmont
In Opposition: None
Mr. Wanshel, representing Mr. Pittera, explained that the variance
granted Feb. 24, 1954, permitted the erection of a one car garage
but due to the location it was impossible to drive into it.
After some further discussion on motion by Mr. Bierman, seconded
by Mr. Schuler the following resolution was unanimously adopted:
WHEREAS, Joseph Pittera has applied for modification of
Article II, Sections 3 and 6 of the Zoning Ordinance of the
Town of Mamaroneck, as amended, so as to permit the
erection of a garage and sunroom on premises located at
30 Lester Place and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 130, Parcel 128; and
WHEREAS, Joseph Pittera requests that because it is im-
possible for him to build the garage in conformity with the
variance granted February 24, 1954, this Board grant a further
variance and over-rule the decision of the Building Inspector
refusing to issue a building permit in accordance with plans
submitted to him; and
WHEREAS, this Board has viewed the property and has
examined the plans and other matter submitted by the
applicant and has heard all persons appearing for or against
this appeal:
NOW, THEREFORE, BE IT
RESOLVED that the appeal of Joseph Pittera from the decision
of the Building Inspector resufing the issuance of a permit for
the erection of a garage and sunroom on premises located
at 30 Lester Place and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 130, Parcel 128, be
granted on the ground of practical difficulty and unnecessary
hardship as recited in the application and which this Board
finds exists; and it is
FURTHER RESOLVED that Article II, Sections 3 and 6 of the Zoning
Ordinance of the Town of Mamaroneck, as amended, be varied
and modified so as to permit the erection of a garage and sun-
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room on premises located at 30 Lester Place and known on the
Tax Asseesment Map of the Town of Mamaroneck as Block 130,
Parcel 128; and it is
FURTHER RESOLVED that the building must be built in strict
conformance with the plans submitted with this application;
FURTHER RESOLVED that in accordance with the Rules and
Regulations of the Zoning Board, where a variance is granted
the applicant shall obtain a Building Permit within three (3)
months of the granting of the variance or the variance becomes
vacated. All work must be completed within one (1) year of
the issuance of the permit unless the period is extended by the
Building Inspector.
FURTHER RESOLVED that this decision be filed with the Town
Clerk as provided by Section 267 of the Town Law,
At the suggestion of the Chairman action on the other two applications
of Patsy Giacomo and Mr, & Mrs. Joseph Giacomo was deferred, so
as to allow time for further study by the Board.
ADJOURNMENT
There being no further business to come before this meeting
it was adjourned at 10:30 p. m.
n
Secretary
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