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,
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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
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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
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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
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