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HomeMy WebLinkAbout1958_06_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 25, 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, Mr. Wullschleger, the meeting was called to order by Mr. Schuler at 8:00 p. m. PRESENT: Mr. George Schuler Mr. Sydney Bierman Mr. Laurence Sobel Mr. Robert Parsons ALSO PRESENT: Mr. Maurice Friedlander, Town Engineer and Building Inspector APPROVAL OF MINUTES The minutes of the meeting of May 28, 1958, were approved as presented. HEARINGS The secretary presented the affidavit of publication of notice of the continued hearings as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on May 21, 1958. The Chairman declared the hearing open and requested the secretary to present the first application. APPLICATION NO, 1--POST ROAD BUILDING CORP. Application of Post Road Building Corporation, by Irving Roussin, president, 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 on Hommocks Road, known as Block 414, Parcel 278 on the Tax Assessment Map of the Town of Mamaroneck, with a set back of 30 feet, frontage of 50 feet, 6 and 8 foot side yards, on a plot 8800 square feet and having a cubage of 29, 500, on the ground that the premises existed as a building plot prior to the change in the Zoning Ordinance, August 26, 1955. The Chairman asked if anyone present wished to address the Board and the following persons noted their appearance on the record: For the Application: Irving Roussin, president of Post Road Building Corp. , Applicant Edward Tanenbaum, Esquire, Attorney for Applicant In Opposition: Robert Spickler, Hammocks Rd. Larchmont Mrs. A. Walls, Hommocks Rd. Larchmont Mrs. Leon Gilbert, Eagle Knoll Rd. " Mr. Tanenbaum requested permission to have Mr. Roussin read a prepared statement in support of the application, setting forth the history of the parcel and applicant's contentions and the request was granted by the Board. A copy of the statement is appended to these minutes. Mr. Tanenbaum then submitted a duplicate of the contract of sale of the adjacent lot, formerly owned by the applicant, and sold by it in July of 1955, shortly prior to the effective date of the amendment to the Zoning Ordinance in August of 1955. A copy of this contract is appended to these minutes. Both Messrs. Roussin and Tanenbaum argued that since the applicant owned only the lot, which is the subject of the application, on the date of said amendment, the requirements of said amendment were inapplicable as a matter of law. Mr. Spickler, the owner of the contiguous parcel, contended that the sale above referred to was made in bad faith and solely for the purpose of evading the consequences of the then imminent amendment. He pointed out that to permit the applicant to build on the remaining lot would severely depreciate values of surrounding properties, and that if applicant had not sold off its other parcel it could have conformed to the requirements of the amendment. He produced a brochure showing that as late as October of 1956 applicant had offered to sell its current lot and the contiguous lot which was the subject of the July of 1955 sale, as well as an additional contiguous lot, as the entire parcel and that this belied applicant's contention that the July of 1955 sale was bona fide. Said brochure is appended to these minutes. Both Mrs. Walis and Mrs. Gilbert joined in concurring in Mr. Spickler's remarks. There is also filed with these minutes a letter from the Agrion Corp. , an adjacent property owner, opposing this application and this was fully read at the meeting. The Board examined a plot map of the area involved and interrogated both Mr. Roussin and Mr. Spickler closely. Mr. Roussin conceded that the title closing date of the July 1955 sale had been advanced from August as originally fixed in the contract birt said that this was done because the title company was ready sooner than they had originally expected. He also conceded that the purchaser, Mr. B. Marx, to date had made no payment of the purchase price except the cash portion of $300. even though the purchase money mortgage provided for 3 annual payments and interest which were all noWoverdue, but he stated that tthis was due to financial reverses of the purchaser who was a friend of his whom he would not foreclose. He insisted that he did not have any advance notice of the Zoning change of August 1955, whereas Mr. Spickler insisted that Mr. Roussin was present at the meeting of the Town Council, prior to the July 1955 sale, at which the change was initiated and that Mr. Roussin was also aware of a prior meeting of the Hommocks Prop- erty Owners Association which sponsored the change. Mr. Tanenbaum finally stated that in his opinion the Board was without power to take any action other than to grant the application and that he wished a final decision immediately. Over the objection of Mr. Tanenbaum, upon motion by Mr. Sobel, seconded by Mr. Parsons the following resolution was unanimously adopted: RESOLVED that the hearing on the application of the Post Road Building, Corp. , be continued to a special meeting of the Zoning Board of Appeals to be held on August 6, 1956. The Chairman asked the secretary to read the next application I APPLICATION NO. 2-- JAMES N. DANDRY Application of McGovern, Vincent & 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 profitably unless a variance be granted. Mr. Schuler asked if anyone present wished to be heard either in favor of or against this application and the following persons addressed the Board: For Appellant: Mr. Alfred Fanelli, Attorney Mr. John J. Sach, Alden House, Larchmont In Opposition: Mr. J. W. Moran, 18 Alden Rd. Larchmont Mr. L. L. Ferguson 10 Copley Rd. " Mr. Alfred Fanelli, presented evidence, as requested by the Board at its last meeting, that efforts had been made to lease this property for other purposes. However, these efforts had been unsuccessful. Mr. Parsons asked Mr. Fanelli what kind of structure was to be erected on this property and Mr. Fanelli submitted photographs of other Used Car Lots leased by Argonaut and said that buildings similar to these would be built on the lot. Mr. Sobel stated that he had heard that people in the area could use the lot for other purposes. He asked Mr. Fanelli if this were true. Mr. Fanelli replied that he had heard of no offers to lease the property except from the Argonaut people. Mr. Bierman then asked if it were impossible to use the lot for other purposes and Mr. Fanelli stated that he thought the nature and location of the lot made it impractical for other uses. Mr. Parsons then asked if the stone had recently been removed and Mr. Fanelli said that this was true but the lot had been offered with the express idea of removing the stone regardless of what type of business leased the property. I Mr. Schuler stated that it was possible people might like to use this lot as a parking lot. Mr Dandry asked if this were a better use than the one proposed. Mr. John J. Sach, manager of the Alden House Apartment, said that he would be in favor of this application and would prefer to have a Used Car Lot on the property to any of the permitted uses. Mr. R. Sexton, 22 Copley Road, who had opposed the application at the previous hearing stated that he would withdraw his objections as he too felt that a Used Car Lot was less objectionable than some of the permitted uses. Mr. J. W. Moran said that he still objected to the application. He feels that since it is only about six months since the land was cleared there has not been sufficient time to really try to lease it. Mr. L. L. Ferguson , said that he had been out of town at the previous meeting but that he would now like to say that he was opposed to this application. Because of property damage to adjacent properties, Mr. Dandry faces a possible court action and therefore should not expect to have this variance granted. He asked if the Board could limit this variance and was answered in the affirmative. Mr. Bierman then said that he thought this variance was a very loose one and was being treated on the basis of the name Cadillac. Mr. Fanelli stated that they would welcome any restrictions and would try to comply with them. Mr. Dandry said that he could not say exactly what type of building would be erected on the lot. After further discussion upon motion by Mr. Bierman, 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 Board of Appeals, on July 23, 1958. Mr. Schuler then instructed Mr. Dandry to come to the next meeting with plans for the building proposed for this lot and also what the Argonaut Co. , would be prepared to do as to shielding of lights etc. The secretary then presented the third application. APPLICATION NO. 3--MISS JUNE A. MESSER Application of Miss June A. Messer, agent for Astrid M. Messer, for modification of Article II, Section 3, of the Zoning Ordinance of the Town of Mamaroneck, as amended, to permit the use of property located on the north side of Boston Post Road, (rear of Post Lodge), Town of Mamaroneck, and known as Block 407, Parcel 529, on the Tax Assessment Map of the Town of Mamaroneck, so as to permit the premises to be used as a Day Nursery, on the grounds that the property is surrounded by business property and parking lots and is not suitableff©r other use. Mr. Schuler asked if anyone present wished to speak either for or againstthis application and the following persons were heard: For Appellant: Miss June A. Messer In Opposition: Francis J. Stock, 700 Forest Avenue Larchmont, N Y Murray Rosof, Post Lodge, Mamaroneck Miss Messer apologized for not appearing at the previous hearing and said that she was a registered nurse and had been working on May 28. Miss Messer stated that this Nursery was run by herself and her mother as a means of livelihood and that a previous variance had been granted for a two year period. She would like this variance to be a permanent one. Mr. Schuler asked how many children usually attended the Nursery and was told there were usually 4 or 5. Mr. Bierman asked what hours the Nursery was open and Miss Messer told him the hours were 9 to 5. Mr. Parsons asked if Miss Messer had a license for this Nursery and was told that it was licensed by the Westchester Public Health Dept. and registered with New York State. Mr. Schuler asked if the Messers owned the property and was answered in the affirmative. Mr. Stock, Commander of the Veterans of Foreign Was's Post, and Mr. Rosof, attorney for Po-lo Realty Co. , Inc. , owners of Post Lodge, pointed out that both the Post Lodge and the VFW Post had liquor licenses and that possibly it would be hard to renew them with a school in such close proximity. Miss Messer pointed out that this was a Day Nursery not a school. Mr. Bierman asked Mr. Rosof if he had contacted the N Y State Liquor Board as to their feelings in the matter, and Mr. Rosof replied that he had but had gotten no ruling on the case. After ascertaining that no one else wished to speak either in favor of or against this application the chairman declared the hearing closed, and on motion by Mr. Sobel, seconded by Mr. Parsons, the following resolution was unanimously adopted: WHEREAS, June A. Messer has appealed to this Board for modification of Article II, Section 3 of the Zoning Ordinance, as amended, of the Town of Mamaroneck, to permit the used of property located on the north side of Boston Post Road, (rear of Post Lodge), Town of Mamaroneck, and known as Block 407, Parcel 529on the Tax Assessment Map of the Town of Mamaroneck, for a Day Nursery; and WHEREAS, the members of this Board have inspected the property for which a variance is requested; and WHEREAS, all persons either in favor of or against this application, have been heard, Now, THEREFORE, BE IT RESOLVED that the appeal of June A. Messer, be and it hereby is granted, and the decision of the Building Inspector reversed to the extent of permitting the use of property located on the north side of Boston Post Road, (rear of Post Lodge), and known as Block 407, Parcel 529 on the Tax Assessment Map of the Town of Mamaroneck, for a Day Nursery, in accordance with plans filed with the Building Inspector,, on grounds of practical difficulty and unnecesaary hardship as recited in the application and which the Board finds exist, provided, however, that in all other respects the applicant comply with the Zoning Ordinance, and Building and Fire Prevention Codes of the Town of Mamaroneck; and it is FURTHER RESOLVED that this variance be granted upon the following conditions; that it be aalid only for a period of one year, or until the termination of applicant's occupancy, whichever sooner occurs, and upon further condition that applicant comply fully with all the laws, rules and regulations of every govern- mental agency having jurisdiction or control over the operations of a day nursery; FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 276 of the Town Law. ADJOURNMENT There being no further business to come before the meeting it was adjourned at 10:00 p. m. to reconvene on Wednesday, July 23, 1958. etAtk Secretary In April, 1950, P.R.Bldg Corr . , I.R. ?resident, purchased land front- ing on 3ag1e Knolls Road and ou aovnocks. Road, and subdivided the land and filed a sap in the County Clerk's office, showing such subdivision. Con- struction was •cowmenoed on a number of houses and water maim lore install- I ed conneeting to the water gain existing on th,. Post Road, about 1500 or 2000 ft. tlthou jh b. were_ assured by the Town • oginetr that s water main was installed along Homrnocks Road, the water department insisted that a new main of transit* pipe ?fie installed, at a cost of appr ziietely $7500, which covered -the cost of trenching, blasting, excavating, piping and back fillies, all of which was paid for by the builder. In'passing, • word might be said that the residents of the *weeks area ewe 4 debt of gratitude to the builder for installing this water sisin, in- asmuch as the water to the Ho rocks was furnished by a pipe brought across the harbors and it was out of commission and needed repairs twiee eat* year, espeeially during severe storms, which left the Hommocks reeids td without • water during that period. The installation of this new water line by the builder enabled the Hommocka residents to connect their hater .service to this new line, and thereafter they have had an uninterruptot ant undisturbed flow of water to their homes. Although the builder was promised, and it is the customary p sties where new water mains are installed that, homes tapring this new water terviee have 90% of their water rates rebated to the builder. during tire !Yeti 10 t **swifts to reimburse him for his installation er g years of g' � not bees done in this eats, and not one penny has Voss paid t. • y.} _. mac i4ti, •i. • in Of 195,E1►. ps.•ubediviston asp was tiled In the Oouaty *is office ** * IA* *$f-O-A on Hoanocks Moak aid ii1' 1[ .,` 1955 r title t1 i+ • 4 Mks oonveted to Thome Lease, a bui34* 0 couplet, crier 1►hoses. In Jam, 1955, negotiations with SeSj caa*s seed for the jasrobase of lot B, and on July 15, 1955s a eostreot of • r sale was• 0 .. sibs eras elozed July 26, 1965 (read. Alish;lsttar) In wry, . 1 s )at C was conveyed to Brownel•1, .+Awe pursb one of Leone's hoses. ' This l.f t Just one single lot, owned bt us, :whi h le . the subsist of tonite's hearing, and on which land taxes have bsop.pi4 • tdr the last $ years. In tact 3 tines in the last 3 years both-taxes anQ assesses have been raised on this lot. All thee. traneaatlone except Brownell's were completed long Afore the effective date of this new amendment to the zoning ordinsaN; * :fast they • were completed prior to any advertisement of this coning asenda*d, 7•30-55 and certainly took place long betor• the asap change was adopted♦, * . the notice of adoption 8-19-55, or the date on which this amendment beosne effective, 8-2945. Coapoteat leist authorities have informed us that this subj ll lot is a 1e01 let in its ,fullest •one.. It's existence on a tiled spOrior to the amendment le positive, absolute, and cannot be questioned. I alas wish to Gall to the Board's attention that s4' buels00# : r •ate 4 veloplog Woe r i'lt bores and selling lets, apt t to 4 +.:a s of . _ t my livelihood or ts use of my property", is both 11144101 and s1 M 1 also rsspoetfully earl to your attention that. troll a viewpoint., darp sad injury are being heaped upon ss„. it tots oo remains sued., • • • that t t`itls ' ;' j Or tart was $- fi otttiew. XottnS '' l`adr'tkwr fro* 111W.triatlie .,+ �lohoeverk said that, owes an apology es their'Jove' lepuiped *y Intespity, with the implication thpt frost sad d arl► belud. pliiiyOritbit,tis. yolk 4Ohtlisat. ; I eillistrither Informed thet at the last town meeting••this!IridepOlo Board ♦shed Kr. John Delius the Town Attorney, what Ms opinion was in this natter, and he informed the Board that this was a legal let prior to tho effective date• of the amendment, and therefore he Gould.. *so no reasbn why the permit should not be issued.• hb ooncluaion,I appeal to you gentlemen to issue this pe:•nit beeauaet 1. This is a legal lot existing before the amendment was either advertised, adopted or :.'ec ai a t"'ective, and is toverned by zoning prior to August 29, 1955. 2. It would be inmoral to deprive me of the use of y land oil which taxes are levied an paid. • 3. It would be unethical and illegal to deprive me of shy r sl1t to ears ay livelihood In my line of endeavor. 4. I appeal to you on the basis of fair play and right copCopidi1400, and ask each ar,c everyone of you, If you owned and ,paid hail. • on a legal•lots would you expect to to deprived of Ital dr • *AMA►t, I, 400010.6$00 t: 5. Pisal1y, I repeat , I have the utmost reapeet sad soteesk tior 4417 sonstitiatiii author-t ty, wh i ab la this awe .is your Dood*Ot Ataptibals, • • 1111d I that no arbitrsr7 or ovel itou s judipewrit tenditgto i *oil* INVMill be Thrhiolitne• 4 • --• ••••• i44,1,010,14tP: 11P.1101,N4*-mwoneepig. ' O b . . • „ . r NaliFt , 4, • • • - , _ • . • • ...-‘ ,...43_, --1---\„...„..„ ....._..„( , .....,...„., L...,.....,,,,....„J kgt_ef,.....a.... . • .. ... .. . ... ,_ . „. . . . _ „, . . . . . . ... •. ••.. ...... ... . , . . . , ... . .. .. - es AI .-, If there he a es the premises the seller agrees to eleli.er to the pure6ser at the time of of t6 dead a proper artiietle�aad atdtitowladged by the holder of ouch inertia. i foe for recording. as I.the amount of the talpeid ' sad i best*mess. dote of rate of iolwwt theeoNd awl iw o'er� the hue for ww wliicat.+ - pay Maio*Owe el lair or ewmicipal orah aeoee. or' Oro or w�aitrseste setai or Mod the Depart- ilaafl► artd Fin, b, or,ohm aVerea.hleanimai Qtpraaratht ►a • gainst or afecting the premises at the date hereof, :had he complied with by the seller and the premiies shall be conveyed free <.' the same. and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchase with an authorization to make the necessary searches therefor. If. at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an asses rent or assessments which are or may become t,,vahle in annual installments, of which the first installment is then a char„, or lien, or has been paid. then for the putt, ,,,- ,r rI, „t,t ,,t ,„ the unt,.,vi installments of any such assessment, includ:, thpae which axe to hocome dtic .14,i p4,, ,h1c art., Ole el °.e,v ,f t},e tired. hall be deemed to be due and payable a, • ii to be hens upon the premises b' e,red ther>,l,: ao ; ,,' [ , ; , -Inca d h.,r,;rt i;y the seller. upon the delivery of the de, ,IWestehester County Sewer 5'. •ir,n 3A',. : J1 :4r .v, ',,,;,,_ ,r:n, .t,e pt ,anions of this Varagiapft and the iastallmr, It thereof not due and paayable at the tuns of dr de10,e+y of the deed heresna:tt shall be as4u4xd by the purchaser wit~► abatement of the purchase price. 7 a • • • `] • r /0/i/S-C ree_c_eliv4 , . _ 9,1 • • . . , = AGRION CO. , INC. 29th Floor 20 Exchange Place New York 5, N. Y. June 20, 1958 The Zoning Board of Appeals Town of Mamaroneck Police Station 11 Edgewood Avenue Mamaroneck, N. Y. Dear Sirs : We hereby protest and object to the applica- tion of Post Road Building Corporation for modification of Article III, Section 9, of the Zoning Ordinance, as amended, so as to permit the erection of a one-family dwelling on Hommocks Road, as set forth in the Public Notice of hearing scheduled before your Board on June 25, 1958, upon the ground that the granting of such application would seriously depreciate the value of the property owned by this corporation on Hommocks Road and would deprive the undersigned property owner of the protection to which it is entitled under the Zoning Ordinances now in effect. The granting of the requested application would not be in conformance with the general plan and purpose of the Ordinances and would change the entire character of the neighborhood. Yours very truly, AGRION CO. , INC. By #citc Vice President—