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HomeMy WebLinkAbout1959_01_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JANUARY 28, 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 to order at 8:00 p. m. PRESENT: Mr. A. E. Wullschleger, Chairman Mr. George Schuler Mr. Robert Parsons 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 6, 1959 were approved as presented. HEARINGS The secretary presented the affidavit of publication of notice of the hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on January 21 , 1959. The Chairman declared the hearing open and requested the secretary to read the first application. 6 APPLICATION NO. 1---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 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 profit- ably unless a variance be granted. The Chairman asked if anyone present wished to speak either in favor of or opposed to this application and the following persons were heard: For Appellant: Alfred Fanelli, Esquire 249 Huguenot Street, New Rochelle In Opposition: Mr. J. W. Moran, 18 Copley Road Larchmont Mr. Fanelli, representing James N. Dandry, appeared and showed the plan that had been submitted with the application and explained that the Cadillac Motor Car Division felt that a larger building would be more advantageous for their purpose than the building previously contemplated. He further explained that the Cadillac people needed more show-room for their used cars. Mr. J. W. Moran then addressed the Board and stated that he felt the notice sent to surrounding property owners had not pointed out the great difference between these plans and the plans submitted with the previous application which application had been granted on July 23, 1958. Following further discussion upon motion by Mr. Schuler, seconded by Mr. Parsons the following resolution was unanimously adopted: RESOLVED that the hearing on the application of James N. Dandry, be continued to the next regular meeting of the Zoning Board of Appeals to be held on February 25, 1959. 7 The secretary was then instructed to send the following notice to the surrounding property owners of the Block and Parcel involved. NOTICE TO WHOM IT MAY CONCERN This is to advise you that at the meeting of the Zoning Board of Appeals of the Town of Mamaroneck on January 28, 1959, con- sideration of the Application of James N. Dandry was continued to February 25, 1959 in order to give all surrounding property owners an opportunity to be heard. The Board directed that a notice be sent explaining that the present application differs from the application previously granted on July 23, 1958 in that this application calls for the erection of a structure approximately 35x80 feet to be used as a Used Car Show Room. The plans for this structure are on file in the Town Office, 158 West Post Road, Mamaroneck, and are available for inspection. The meeting on February 25, 1959 will be held in the Court Room of Police Headquarters, 11 Edgewood Avenue, Larchmont, at 8:00 p. m. The Chairman directed the secretary read the next two appli- cations which were to be considered together. APPLICATION NO. 2---BADO REALTY CO. , INC. Case # 29 Application of Bado Relaty 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 character of the Parcel make it impossible to be used profitably unless a varinace be granted. 8 I APPLICATION NO. 3---ELIZABETH AND HERMAN BOTTJER Case # 30 Application of Elizabeth and Herman Bottjer, for modifi- cation 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 unnecessary hardship. Mr. Wullschleger asked if anyone present wished to address the Board wither in favor of or opposed to these applications. The following persons addressed the Board: For Appellant: Burton C. Meighan, Esquire 100 Mamaroneck Ave. Mamaroneck John W. Lane, 304 North Avenue New Rochelle Elizabeth Bottjer, 190 Boston Post Rd. New Rochelle In Opposition: Louis R. Argenta, 38 Hartung St. Larchmont Mrs. Elizabeth Loveley, 9 Dillon Rd. New Rochelle Mr. Meighan, speaking for Bado Realty and Mrs. and Mr. Bottjer, and for Colonial Park Homes Inc. , Barlow Lane, Rye who are the contract purchasers, explained that the contract is subject to the granting of the variance. The two applications must stand or fall together as the Bottjer property is needed for parking. Mr. Meighan then introduced Mrs. William Herrick, 413 Soundview Avenue, Mamaroneck, a Court Stenographer, who was there for the purpose of taking testimony. Mr. Argenta stated that Hartung Street ends about 50 feet from the Bottjer property line and he was concerned with the possibility of Hartung Street being used as an exit from the parking area. Mrs. Loveley said that she too owned property on Hartung Street and that she saw no reason why the business area should be 9 extended into residential property. Mr. Meighan assured Mrs. Loveley and Mr. Argenta that Hartung Street would not be used as an exit from the parking lot and that suitable screening would be provided, such as trees and shrubs. Mr. Meighan then called on Mr. John W. Lane, who submitted pictures of the surrounding area and furnished information as to what use the adjoining properties are presently put to. The Board members expressed concern as to the location of exits and entrances to the bowling alleys and parking area and the protection of pedestrians on the Post Road. Following further discussion upon motion by Mr. Bierman, seconded by Mr. Sobel the following resolution was unanimously adopted: RESOLVED that the hearing on the applications of Bado Realty Co. , Inc. and Elizabeth and Herman Bottjer, be continued to the next regular meeting of the Zoning Board of Appeals to be held on February 25, 1959. Mr. Meighan was asked by Mr. Wullschleger to appear at the February meeting with more details as to the location of curb cuts in and out of the property, planting island between the Post Road and the property, planting at the eastern line of property adjoining Hartung Street and fencing as the westerly line. Mr. Meighan was also asked to submit a view of the proposed structure. ADJOURNMENT There being no further business to come before the meeting it was adjourned at 10:30 p. m. 1.1/k1'r2a->n/n Secretary 10