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HomeMy WebLinkAbout1958_02_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEB- RUARY 26, 1958, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:OU p. m. PRESENT: Mr. A. E. Wullschleger, Chairman Mr. Sydney Bierman Mr. George Schuler Mr. Laurence Sobel ABSENT: Mr. Robert Parsons ALSO PRESENT: Mr. Maurice Friedlander, Building Inspector & Town Engineer APPROVAL OF MINUTES The minutes of the meeting of January 22, 1958 were approved as presented. HEARINGS The Chairman declared the hearing, which had been adjourned at the January 22, 1958, meeting, open and requested the secretary to present the application. APPLICATION #1 --- DAN H. ELKIND THE application of Dan H. Elkind, for modification of Article II, 182 Section 4, subsection 12 of the Zoning Ordinance, as amended, so as to permit the premises located on the south side of the Post Road and the corner of Old Post Road, and known as Block 412, Parcel 436, on the Tax Assessment Map of the Town of Mamaroneck, to be used as a Used Car Lot by a dealed and the existing building to be used as an office, on the ground that Article II, Section 4, subsection 12 of the Zoning Ordi- nance of the Town of Mamaroneck provides that no building or premises shall be used for storage of used automobiles and trucks and parts thereof, and the owner has not been able to rent the property and the Cadillac Company is in dire need of space to display and sell their used cars. Mr. Wullschleger asked if anyone present wished to speak either for or against this application and the following persons were heard: For Appellant: Mr. William Cannella, 364 Post Road, Larchmont In Opposition: Mr. Hugh M. Keiser, 22 Rock Ridge Rd. Larchmont Mr. Mario Lorenti, Larchmont Acres, Larchmont Mr. Albert J. Gaynor, 3 Concord Ave., Larchmont Mr. & Mrs. Otto Scheuble, 3 Rock Ridge Rd. Mr. & Mrs. Ralph A. Mannella, 27 Rock Ridge Rd. Mrs. Julius Anger, 23 Rock Ridge Road Mr. Cannella stated that he was the agent for Dan H. Elkind and that his client wished to rent this property as a used car lot since he had had no success in renting it for any other purpose. Mr. Bierman asked if the property had been listed with many agencies and properly advertised. Mr. Cannella said that the property was listed with 700 brokers and that to date they had had some inquiries but not offers to rent for any of the approved purposes. The Cadillac Division of General Motors were very anxious to rent this property as they do not have sufficient to display their used cars. Mr. Cannella assured the Board that the lot would be maintained in a clean orderly fashion and that it also would be quiet. He stated that he did not bring with him the listing circular and Mrs. Scheuble claimed that she checked with the Larchmont Real Estate Board and was advised that the prop- erty had not been listed with it. Mr. Hugh M. Keiser , president of the Rock Ridge Civic Association 183 read a letter from the Association stating that the residents of Rock Ridge Road felt that unless certain provision were made as to the hours of operation, shielding of lights, storage of fuels, lubricants, etc. they would be opposed to this application. They also wished to have the property leased for only one year under this variance and a new variance to be asked for each year. Mr. Cannella replied that he could not be sure that all their requests could be granted. Mr. Mario Lorenti, attorney, presented a petition signed by nine residents of the Rock Ridge Road area asking that the Board deny the application on the ground that no hardship had been proven and the running of a used car lot could prove depreciating to the resi- dential neighborhood. Mr. Gaynor, representing Mr. & Mrs. Charles R. Bragdon, 4 Rock Ridge Road, stated that his clients were opposed to this variance being granted as it would prove detrimental to the surrounding neigh- borhood. Mr. & Mrs. Mannella, Mr. & Mrs. Scheuble and Mrs. Anger also stated that they felt a used car lot would certainly tend to depreciate the surrounding property and that they would prefer that the property be rented for one of the allowed usages. After ascertaining that no one else wished to be heard either in favor of or against this application the chairman declared the hearing closed. After some further discussion by the Board on motion by Mr. Bierman, seconded by Mr. Sobel the following resolution was adopted: WHEREAS, Dan H. Elkind has filed an application for a use variance requesting a modification of Article II, Section 4, subsection 12 of the Zoning Ordinance, as amended, so as to permit the premises located on the south side of the Post Road and the cornerof Old Post Road, and known as Block 412, Parcel 436 on the Tax Assessment Map of the Town of Mamaroneck, to be used as a Used Car Lot and the existing building to be used as an office; and WHEREAS, Dan H. Elkind requests that because of unnecessary hard- ship and practical difficulty this Board grant a variance; and WHEREAS, this Board has viewed the property and has examined the 184 T data submitted by the Appellant and has heard all persons appearing for or against the appeal, and the Board finds that no practical diffi- culty or unnecessary hardship existed with respect to the parcel in- volved in this matter; NOW, THEREFORE, BE IT RESOLVED that the application of Dan H. Elkind, for a use variance requesting modification of Article II, Section 4, subsection 12 of the Zoning Ordinance, as amended, so as to permit the premises located on the south side of the Boston Post Road and the coener of Old Post Road, and known as Block 412, Parcel 436, on the Tax Assessment Map of the Town of Mamaroneck, to be used as a Used Car Lot by a dealer and the existing building to be used as an office, is denied; and it is Further RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Vote on the foregoing resolution was as follows: Chairman Wullschleger Aye Mr. Sobel Aye Mr. Bierman Aye Mr. Schuler Naye ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:00 p. m. to reconvene on Wednesday, March 26, 1958. tiY) Secretary 185