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HomeMy WebLinkAbout1958_07_23 Zoning Board of Appeals Minutes I MINUTES OF AREGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JULY 23, 1958, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER In the absence of the Chairman, the Temporary Chairman, Mr. Schuler, called the meeting to order at 8:00 p. m. PRESENT: Mr. George Schuler-Temporary Chairman Mr. Sydney D. Bierman Mr. Robert L. Parsons ABSENT: Mr. A. E. Wullschleger-Chairman Mr. Laurence J. Sobel ALSO PRESENT: Mr. Friedlander, Building Inspector and Town Engineer COMMUNICATIONS The secretary read a letter addressed to Mr. A. E. Wullschleger under date of July 17, 1958, from Mr. Sobel's secretary advising that Mr. Sobel was out of the country and would not be present at the Zoning Board meeting on July 23, 1958. , which was ordered re- ceived and filed. APPROVAL OF MINUTES Approval of the minutes of the meeting of June 25, 1958 was deferred to the next regular meeting of the Board. THE CHAIRMAN Before proceeding with the business of this meeting, the Chair- man explained that in view of the absence of two members of the Board, any affirmative action by the Board required the unanimous vote of the three members present, so that, under these circumstances any appli- cant wishing to defer the hearing of his application would be permitted to do so. HEARINGS The secretary presented the affidavit of publication of notice of hearing as published in the official newspaper of the Town of Mamaro- neck, The Daily Times, on July 16th 1958, and after the Chairman declared the hearing open and in accordance with his request, read the application numbered 1. , on said notice, which application was to beheard first. APPLICATION #1--JANEROGO W Application of Jane Rogow for modification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to allow the proposed alteration and extension of the existing building, located at 143 Palmer Avenue, Town of Mamaroneck, and known as Block, Parcel 102, on the Tax Assessment Map of the Town of Mamaroneck, on a lot having a rear yard of less than 15% of the depth of the lot, on the ground of practical difficulty and unnecessary hardship. The Chairman asked if anyone present wished to speak either in favor of or opposed to this application and the following persons addressed the Board: For Applicant: Mr. Alexander Westfall, Builder In Opposition: None Mr. Westfall presented and described the revised plans for the addition and alteration for Mr. & Mrs. Robert Rogow, of 143 Palmer Avenue, Larchmont, N. Y. as filed with the Building Inspector of the Town of Mamaroneck as #4970 under date of Junell , 1958, and after some discussion and ascertainment of the fact that there was no change in the cubage, upon motion by Mr. Bierman, seconded by Mr. Parsons, the following resolution was unanimously adopted: WHEREAS, Jane Rogow has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck, refusing a permit for an extension to an existing building having a rear yard of less than the required 15% depth of the lot on premises located at 143 Palmer Avenue, and known as Block 401, Parcel 102 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, Jane Rogow states that the structure was erected prior to 1910 and prior to the adoption of Article III, Section 9 of said Zoning Ordinance and to require structural changes now would work an undue hardship to appellant; and WHEREAS, this Board has viewed the property and has examined the pland and other matters submitted by the applicant and has heard all persons appearing either for or against the appeal: NOW, THEREFORE, BE IT RESOLVED that the appeal of Jane Rogow from the decision of the Building Inspector refusing the issuance of a permit for an extension to an existing building on premises located at 143 Palmer Avenue, and known as Block 401, Parcel 102, 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 III, Section 9, of the Zoning Ordinance, as amended, relating to Rear Yard requirements on premises located at 143 Palmer Avenue, and known as Block 401. Parcel 102, on the Tax Assessment Map of the Town of Mamaroneck be varied and modified so as to allow the proposed alteration and extension of the existing building in strict accordance with the plans filed with this application and marked Building Application $4970 and filed with the Town of Mamaroneck Building Department under date of June 11 , 1958, on a lot having a rear yard of less than 15% of the depth of the lot, pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamroneck; and it is FURTHER RESOLVED that this variance is granted on condition that no additional structures may be erected on these premises so long as this variance is in effect; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. r APPLICATION # la--JAMES N. DANDRY At the request of the Chairman, the secretary presented application la as follows: Continuance of Application of McGovern, Vincent and Connelly, agents for James N. Dandry, for modification of Article II, Section 4, subsection 12 of the Zoning Ordinance, as amended, of Town of Mamaroneck, so as to permit the premises located on the west side of 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 advised that the hearing on this application had been continues from the last meeting in order to permit the applicant time to prepare and present plans for the proposed building to be erected on this property. Mr. Alfred Fanelli, of McGovern, Vincent and Connelly, attorneys representing the applicant, submitted the plot plan and building plan and informed the Board in some detail as to the height and type of fence to be erected along the entire rear property line, the lighting as to both height and focus, ingress and egress roads, the use of signs on the lot and the hours of operation. After each of these points was discussed and clarified, the Chairman inquired whether anyone present wished to speak in opposition to the application and the following persons were heard: Mr. William Brill, attorney, 175 Boston Post Road, Larchmont, who spoke on the matter of the hours of operation. Mr. Joseph W. Moran, 18 Copley Road, Larchmont, who spoke with regard to the fencing of the property. Mr. William Gartland, 3 Winthrop Avenue, Larchmont, who spoke about the hazard of the rock ledge along the west side of the property caused by the blasting operation. Mr. L. L. Ferguson, 10 Copley Road, Larchmont, who spoke on the question of the height of the lighting poles on the rear of the property. Following further lengthy discussion, on motion by Mr. Parsons, seconded by Mr. Bierman, the following resolution was unanimously adopted: WHEREAS, McGovern, Vincent and Connelly, agents for James N. Dandry, have filed an application for a use variance, requesting 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 Bost 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 vari- ance be granted; 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, Section4, 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, sub- section 12 of the Zoning Ordinance , as amended, re- lating to the use of premises located on the west side of the Boston Post Road, 350 feet north from Alden Road, r and known as Block 409, Parcel 194 on the Tax Assess- ment Map of the Town of Mamaroneck, be varied and modified so as to allow the premises to be used as a Used Car Lot by the Cadillac Motor Car Division of the General Motors Co. , provided that the applicant complies in all other respects with the Zoning Ordi- nance 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 ltype 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 of and subject to 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 conformity with the plan prepared by Alfred Willis, Architect, 132 Larchmont Avenue, Larchmont, N. Y. dated July, 1958 and bearing the file number 478. 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 any subsid- iary thereof solely as a used car lot and by no other occupant and for no otherpurpose, but in no event longer than a period of five (5) years from the initial commence- ment of the term of such occupancy. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the TownLaw. APPLICATION # 2-- S&N AUTO SERVICES, INC. At the request of the Chairman, the secretary presented application #2 as follows: Application of S & N Auto Services, inc. , pursuant to Article II, Section 7 of the Zoning Ordinance of the Town of Mamaro- neck, as amended, for modification of Article II, Section 4, subsection 8 of the Zoning Ordinance of the Town of Mamaro- neck , as amended, so as to allow the premises located at 434 Boston Post Road, Town of Mamaroneck, and known as Block 503, Parcel 326 on the Tax Assessment Map of the Town of Mamaroneck to be used for a gas and service station. The Chairman asked if anyone present wished to address the Board either in favor of or opposed to this application and the following persons were heard: For Applicant: Rubin Sirlin, Esquire, Attorney for Peter Wall, applicant In Opposition: Mr. Louis Argenta, 38 Hartung St. Larchmont Mr. Sirlin explained that the present premises were used for a car wash and that as the business had been running at a loss for the past several years, his client, Mr. Wall, would like to improve this property and make a better paying operation out of it and presented the sketch and plans for the proposed gas and auto service station operation. He advised that all of the adjacent property owners had signed a consent to this application and he filed such consents. Following a detailed discussion of the plans, Mr. Argenta, addressed the Board and asked what was going to happen to the prop- erty in back of this location which is in a residential area. It was explained that property along the Boston Post Road was zoned for business only to a depth of 100 feet and that therefore the residential zoning of the property in the rear of the applicant's property would remain unaffected. Whereupon, on motion by Mr. Bierman, seconded, by Mr. Parsons, the following resolution was unanimously adopted: WHEREAS, S & N Auto Services, Inc. , have filed an application for a use variance requesting modification of Article II, Section 7 of the Zoning Ordinance of the Town of Mamaroneck, as amended, for modification of Article II, Section 4, subsection 8 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to allow the premises located at 434 Boston Post Road, Town of Mamaroneck, and known as Block 503, Parcel 326 on the Tax Assessment Map of the Town of Mamaroneck to be used for a gas and auto service station; and WHEREAS, S & N Auto Services, Inc. , requests that because pf unnecessary hardship and practical difficulty this Board grant a variance and; WHEREAS, this Board has viewed the property and has examined all plans and data submitted by the Appelland and heard all persons appearing either in favor of or opposed to this appeal: NOW, THEREFORE, BE IT RESOLVED that the application of S & N Auto Services Inc. , for a use variance requesting the modification of Article II, Section 4, subsection 7 of the Zoning Ordinance of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to permit the premises located at 434 Boston Post Road, Town of Mamaro- neck, and known as Block 503, Parcel 326 on the Tax Assess- ment Map of the Town of Mammaroneck, 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 8 of the Zoning Ordinance of the Town of Mamaroneck, as amended, relating to the use of premises located at 434 Boston Post Road, and know as Block 503, Parcel 326 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 gas and auto service station, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaro- neck; and it is FURTHER RESOLVED that this variance shall be granted only subject to the following conditions: 1. Said gas and auto service station be built in accordance with the plans filed with this Board as of this date and 1 June 30, July 6 and July 11, 1958, and that the location o f pumps and installation of shrubbery island shall be under the supervision of and subject to the requirements and approval of the Building Inspector; and 2. That such use of said property be limited to a depth of 100 feet. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. APPLICATION #3--JOSEPH M. BLOCH, JR. At the request of the Chairman, the secretary presented the application of Joseph M. Bloch, Jr. , application #3 as follows: Application of Joseph M. Bloch, Jr. , for modification of Article II, Section 6 of the Zoning Ordinance of the Town of Mamaroneck, as amended, for modification of a new porch on premises located at 51 Villa Road, Town of Mamaroneck, and known as Block 110, Parcel 520 on the Tax Assessment Map of the Town of Mamaro- neck, this application being for the extension of a present non- conforming use. The Chairman asked if anyone present wished to address the Board either in favor of or opposed to this application and the following persons were heard: For Applicant: Mrs. Joseph M. Bloch, Jr. In Opposition: None Mrs. Bloch explained the reasons for her request and Mr. John Usowski, Architect--Designed presented a new plan and described the proposed alteration , the moving of the entrance. After some discussion, and upon the Chairman ascertaining that no one wished to speak in opposition to this application, upon motion by Mr. Parsons and seconded by Mr. Bierman, the following resolution was adopted unanimously: WHEREAS, Joseph M. Bloch, Jr. states that the new porch will be less non-conforming than the present one; and 1 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 either in favor of or opposed to this appeal: NOW, THEREFORE, BE IT RESOLVED that the appeal of Joseph M. Bloch Jr. for modification of Article II, Section 6 of the Zoning Ord- inance of the Town of Mamaroneck, as amended, so as to allow the construction of a new porch on premises located at 51 Villa Road, Town of Mamaroneck, and known as Block 110, Parcel 520 on the Tax Assessment Map of the Town of Mamaroneck, this appeal being for the extension of a present non-conforming use; and it is FURTHER RESOLVED that Article II, Section 6 of the Zoning Ordinance of the Town of Mamaroneck, as amended, relating to non-conforming use on premises located at 51 Villa Road, and known as Block 110, Parcel 520 on the Tax Assessment Map of the Town of Mamaroneck be varied and modified so as to allow the construction of a new porch, provided that said alteration be constructed strictly in accordance with the plans filed with the wilding Inspector July 9, 1958 and with this Board as of this date and provided also that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. ADJOURNMENT There being no further business to come before the meeting it was adjourned at 9:30 p. m. Secretary