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HomeMy WebLinkAbout1955_09_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS, HELD ON WEDNESDAY, SEPTEMBER 28, 1955, IN THE COURT ROOM AT 11 EDGEWOOD AVENUE. The Acting Chairman called the meeting to order at 8 P. M. PRESENT: Mr. Burke, Acting Chairman Mr. Rigano Mr. Maggini Mr. Schuler ABSENT: Mr. Wullschleger, Chairman Presence was also noted of Mr. McEvoy, Building Inspector, and Mrs . Barnes , Clerk to the Board . The minutes of the previous meeting, held August 24, 1955, were approved as presented . The first application before the Board was that of Frank Guadagnolo for modification of Article II , Section 4 of the Zoning Ordinance as amended, to permit erection of service station, garage, and taxi office in an area zoned "C" Business, on premises located on the south side of Fifth Avenue (now used as nursery and greenhouse - Golley property) known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcels 609 and 614 . Mr . Jerome N. Wanshel, 132 Larchmont Avenue, an attorney, appeared for Mr. Guadagnolo and addressed the Board . He presented for the Board 's inspection, a Consent signed by the surrounding property owners as well as a map showing the area in question and the area owned by the persons who have given their consent to this application. He said this application is made by Mr. Guadagnolo who has contracted with the Golleys to purchase the above property, contingent upon his receiving the variance applied for. The Golleys are represented here tonight by Mr. Francis X. O'Donnell . Mr . Guadagnolo, said Mr . Wanshel , wants to move his business (which is a necessary one as is obvious from the recent change in zoning) from its present location to the Golley site . There is no other place for him to establish the type of business he now has . Mr. Wanshel submitted photographs showing the property and its problems . The exit and entrance will be immediately to the rear of the property which has been used consistently for business for many years . Mr. O'Donnell said the Golleys purchased the Nursery business in 1937 and it had been operated as a nursery many years before that. At this point, Mr. Wanshel said he wished to make it known that Mr . Guadagnolo would have no objection to the Giacomo application (which is No. 2 on tonight 's calendar . -27- There was considerable discussion concerning plans as Mr. Guadagnolo die not submit plans for his proposed building. Mr. Wanshel suggested that the variance might be granted subject to approval of the plans by the Board . He said there is a great need for the facilities which Mr. Guadagnolo plans to operate . There will be 150% more automobiles coming through the Town and this will save traffic through the Town for gasoline, repairs, etc . All traffic which comes off the Thruway will go through this property. The building is to be a garage for the storage of cars which Mr. Guadagnolo uses in his taxi service . There will be a space for other cars from the apartments if it is desired . His main business is repair work and taxi service . Mr. Guadagnolo had a large repair shop, which represented 75% of his business and the sale of gasoline. He had from 10 to 15 people working in the repair shop. Fifty percent of the proposed building will be used for the repair shop and 50% will be used for the storage of automobiles . The building will be a one-story one . Mr. Guadagnolo will not press for the use of garage space for outside automobiles but thinks it is necessary for the Town, as it will help keep cars off the streets . The property is approximately one acre and the garage will be about 80 feet by 90 feet . None of the facilities of the garage will be on the street . The area will be shrubbed . Mr . Francis X. O'Donnell , an attorney, representing the Golleys, said this is not an application for a variance, and concern for a variance does not necessarily apply here. By the Ordinance, the concern primarily is approval of location. Mr. Guadagnolo has had his garage business near by for many years and he must have some place to go. This is not a situation where service station is being added to service station . This use of this plan (Mr. Guadagnolo had presented a plan of his present building which he said would be identical with the proposed building) is merely for the information of the Board . The big question is the approval of the location. Mr. Louis Bernstein, 1 Huguenot Drive, appeared representing the Larchmont Hills Civic Association. He said he was present to ask questions about the impact of this garage on the neighborhood . His Association would suggest limitations concerning signs, their size, limitation on the time they would be operated , etc . He is not here to oppose but he wants to see what they propose. He would like to see certain restrictions and would ask that the Board postpone action on this application until plans are presented . Mr. Wanshel said Mr. Guadagnolo will prepare a plot plan, plans of the proposed building including elevations, and submit them to this Board in one week. The parking area will be screened by a 10-foot buffer zone. Mr. Julian Bers, 9 Lafayette Road , said he is not opposed to the garage but is concerned about the area which faces on a residential area. He believes that when Mr. Guadagnolo draws his plans, he would mgke everyone happier if that end of the property would not be used for the storage or cars . -28- T-- Mr. Wanshel displayed the plot plan and explained that parking would be on the other end of the property, away from the residential area . The premises faces a "C" area. Mr. Bers wants the area which faces the residential property to be landscaped and shrubbed . Mr. Gerald Sonet, 17 Lafayette Road, asked if there are any regula- tions in the Town regulating the operation of neon signs . Mr. Wanshel said the gasoline signs must be regulated by the Gasoline companies . Mr. Burke here declared the hearing on the Guadagnolo application, closed . The next application was that of Patsy Giacomo for modification of Article II , Section 7 of the Zoning Ordinance as amended, to permit a service center and garage in a Business Zone "C" on premises located on the north side of Fifth Avenue, corner of Madison Avenue, known on the Tax Assessment Map as Block 132 part of Parcel 78. Mr. William J. McWilliams , an attorney, appeared representing Mr. Giacomo, and presented a deed recorded in the County Clerk 's office, Liber 4688, page 324 of deeds , showing the ownership of the property to be in Mr. Giacomo. He said the application applies only to the southerly one-half of the property referred to in this deed . He presented the proposed floor plan and a separate plot plan. Mr. said Mr . Giacomo has talked with his neighbors and he has a private dwelling of his own immediately adjacent to this property . He will agree that there will be no entrance or exit to the proposed business , north of the barrier on Madison Avenue . He will also shrub and land- scape the area. The structure will be set back 50 feet and consequently, the structure will be entirely screened by Mr . Giacomo's own house. The matter at issue here is for the Board to be satisfied as to the kind of garage and service center which Mr. Giacomo wishes to erect . Immediately upon completion of the new structure, he will abandon the present one. It is his intention to make this a substantial garage and it will all be covered . It will be a great improvement to the area . Mr. Giacomo has no objection to Mr . Guadagnolo's application. The front of the building will be white porcelain tile . Mr. Bernstein together with a group of people present, registered approval of these plans . Mr . Bernstein submitted a copy of some conditions or restrictions which he would like to see incorporated in the grant of the variance . Mr. Gerald Sonet, 17 Lafayette Road, said he would like to see these conditions made a part of the granting of the variance. -29- n Mr. Henry Rothman, 22 Lafayette Road, said the residents of that area and the neighbors want to see Pat get his variance . . They have all agreed on the conditions as something which will be agreeable to everyone in the area. Mr . Burke declared the hearing on this matter to be closed . The last application before the Board was that of Fred Maloof for modification of Article III , Section 9 of the Zoning Ordinance as amended, to permit erection of a one-family dwelling in an "AA" Residence zone with less than 100 feet frontage on premises located at No. 715 Weaver Street, known on the Tax Assessment Map as Block 101 Parcel 76. Mr. Wanshel represented Mr. Maloof and presented a plot plan or map of the property showing a frontage of approximately 7 feet on Weaver Street . He said the map he presented is a filed map. The property consists of approximately an acre and has over 100 feet of frontage on a private road . Otherwise it is a completely interior lot . It has frontage on the Larchmont reservoir and any building erected there will front on the private road . The land cannot, otherwise, be used . It has no other access . The private right of way is shown on the filed map. Also there is a large ledge of rock in the rear of the property. Part of the property is in the City of New Rochelle . Mr. Maloof has owned the property about 4 years . The private road cannot be dedicated to the Town as it is not 50 feet in width. Mr. Lee Whitestone, 797 Weaver Street, said he does not want to see the Zoning Ordinance varied . He wants to see the 100-foot frontage restriction upheld . He presented a petition signed by 17 property owners, which was received and filed . Mr. A. E. Warner, 3 Briar Close, spoke on behalf of his neighbors. He said there is no hardship here . The man merely wants to sell some of his land . It could be made to conform. Mr. William Piper, 711 Weaver Street, addressed the Board and protested the application . He considers the private road to be merely a drive- way. He uses this road and does not believe it can accommodate any more traffic . Mr. Samuel Schehr, 705 Weaver Street , also registered objections . Mr. Wanshel said this is an area in which each of the proposed building lots is over an acre in area . They are not near anyone else except Mr. Piper and he has a high area. The selling price for this small piece of land is $ . (He was allowed to state the amount) . This is a piece of land-locked land . Every large estate in the area eventually is broken up. This house has 3 acres of land and has been on the market and is now on the market . It cannot be sold . The land in this area must be used for homes . The area requires certain lot area and certain sized houses . Nobody is injured here by the fact that there is no entrance on the street. There is one house to be serviced outside of this one . This particular one acre of land is use1ogg unless it -30- can be sold for a house. These peiple own a 4-acre area. You are making zoning requirements of 4 acres . None of the people here have that area. There is no reason for this . The purpose of this Board is to meet this particular type of hardship. He bought a piece of land and exchanged a piece . This is one of the most desirable pieces in the entire Town of Mamaroneck. All the frontage is on a Lake. The price to be paid for this land prohibits the building of anything but the best . The only variance we ask is to get permission to front on a street to which we have access . Mr. Wanshel concluded by saying that the 3-acre piece cannot be broken up and that it is impossible to install a 50-foot road . Mr. Piper again spoke and said he feels he is being hurt if other people are going to use the private road in addition to himself. Mr. Maloof informed the Board that if Mr. Piper is willing to give a piece of his land , he will also give a piece and put in a 50-foot road . Mr. Warner again spoke and said he believes a 20-foot road is dangerous . As no one else wished to be heard , the Acting Chairman declared this hearing closed and the Board went into executive session . After a lengthy discussion, on motion duly made and seconded, the following resolution was adopted : WHEREAS , Fred Maloof has appealed to this Board for modification of Article III , Section 9 of the Zoning Ordinance as amended, to permit erection of a one-family dwelling in an "AA" Residence zone with less than 100 feet of frontage on premises located at No. 715 Weaver Street, known on the Tax Assessment Map as Block 101 Parcel 76; and WHEREAS , this application has come on duly to be heard by this Board at its meeting held September 28, 1955 ; 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 applica- tion have been heard ; and WHEREAS, it appears that applicant has less than 100 feet of frontage on a public street (Weaver Street) but does have 131 .24 feet of frontage on Arrowhead Lane (20 feet wide) a private road to service 3 lots, NOW, THEREFORE, BE IT RESOLVED that the appeal of Fred Maloof be and it hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting erection of a one- family dwelling in an "AA" Residence zone with less than 100 feet frontage on premises located at No. 715 Weaver Street, known on the Tax Assessment Map a.s Block 101 -31- Parcel 76, in accordance with plans filed with the Building Inspector, on grounds of practical difficulty and unneces- sary hardship, provided, however, that in all other respects, applicant comply with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote was recorded on this resolution as follows : AYES : Mr. Burke Mr. Rigano Mr . Schuler Mr. Maggini The Board next took up the application of Frank Guadagnolo, and it was decided to recess this hearing to Monday, October 3rd, in connection with this application, in order to give Mr. Guadagnolo an opportunity to submit plans for his proposed building. Next considered was the application of Patsy Giacomo, and on motion duly made and seconded, the following resolution was adopted : WHEREAS , Patsy Giacomo has appealed to this Board for modification of Article II , Section 7 of the Zoning Ordinance as amended , to permit a service center and garage in a Business zone "C" on premises located on the north side of Fifth Avenue, corner of Madison Avenue, known on the Tax Assessment Map as Block 132 part of Parcel 78 ; and WHEREAS , this Application has come on duly to be heard by this Board at its meeting held September 28, 1955 ; 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 applica- tion, have been heard ; NOW, THEREFORE, BE IT RESOLVED that the appeal of Patsy Giacomo be and it hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting a service center and garage in a Business Zone "C" on premises located on the north side of Fifth Avenue, corner of Madison Avenue, known on the Tax Assessment Map as Block 132 part of Parcel 78, in accordance with plans filed with the Building Inspector, provided, however, that in all other respects , applicant comply with the Zoning Ordinance and Building and Fire Prevention Code of the Town of Mamaroneck, and provided further that applicant comply with the following conditions or restrictions : (1) That a high, dense, evergreen hedge or screen consisting of Hamlock trees (minimum height 8 feet) be planted inside of property line from private dwelling owned by Mr. Patsy Giacomo -32- T-- down driveway to Madison Avenue and thence to barrier located across. Madison Avenue ; this screen to be main- tained forever . (2) That nothing, including signs , ever be built or erected on the 50-foot blacktop area. (3) That the building to be erected , shall be a one-story structure . (4) That no advertising or illuminated signs shall face Madison Avenue . (5) That no entrance or exit shall ever be opened on Madison Avenue on the Lafayette Road side of the present barrier. (6) That architecture shall be in keeping with the residential character of the neighborhood . (7) That all major repair work shall be done under cover. (8) That the building on premises known as Block 132 Parcel 68 on the Tax Assessment Map of the Town of Mamaroneck shall be demolished and no Certificate of Occupancy shall be issued for the new building until such demolition. The vote recorded on this resolution was as follows: AYES : Mr . Burke Mr . Rigano Mr. Maggini Mr. Schuler NOES : None There being no furtheTbusiness to come before the meeting, it adjourned at 11 :05 P. M. 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