Loading...
HomeMy WebLinkAbout2006_04_19 Planning Board Minutes d ,,.'--, Town of Mamaroneck wit Planning Board tip , Town of Mamaroneck Planning Board Minutes April 19, 2006 Present: Marilyn S. Reader, Chair C. Alan Mason John A. Ortiz Marc H. Rosenbaum Edmund Papazian Virginia Picciotto Absent: Robert A. Cohen Also Present: Laurence Horvath, Counsel Anthony Oliveri, P.E. Ron Carpaneto, Director of Building Elizabeth Paul, Environmental Coordinator Jennifer Luongo, Public Stenographer Carbone&Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Daniela Gerardi, Recording Secretary 1. Minutes The Planning Board approved minutes of its March 8, 2006 meeting. 2. Trader Joe's East, Inc. Donald Mazin (applicant's attorney)stated to the Board the applicant is proposing to renew their Special Use Permit with the same conditions. The Director of Building stated there are no outstanding issues. The Planning Board granted the renewal of the Special Use permit. CERTIFICATION As Chairperson of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held on April 19, 2006. SPECIAL USE PERMIT RENEWAL-TRADER JOE'S EAST, INC. WHEREAS, Trader Joe's East, Inc. submitted an application for a Special Use Permit Renewal for use of the premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 to operate a store for the sale of goods at retail; and WHEREAS, a Public Hearing having been held on April 19, 2006 pursuant to notice; and Town of Mamaroneck Planning Board Minutes April 19,2006 Page 2 of 5 WHEREAS, the Proposed Action is an unlisted action pursuant to SEQRA and MEQRA, see 6 N.Y.C.R.R. §§ 617.4 and 617.5; Town of Mamaroneck Code §§ 92-7(A) and (B), and the Planning Board previously issued a Negative Declaration. WHEREAS, the Planning Board previously granted Site Plan approval; WHEREAS, the Planning Board having considered the application for a Special Use Permit Renewal, the plans and zoning report and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public; NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets. 2. The operations in connection with the Special Use Permit Renewal will be no more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit Renewal. 3. The proposed Special Use Permit Renewal use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Trader Joe's East, Inc. for a Special Use Permit Renewal for a high quality grocery store subject to the following terms and conditions: 1. The hours of operation will be no earlier than 8:00 a.m. and no later than 10:00 p.m. daily. 2. Permit shall expire after two (2)years. 3. This Special Use Permit Renewal is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. 3. International Nail &Spa Inc. Gina Lee (applicant)stated to the Board their proposal to renew the Special Use permit. The Director of Building stated there are no outstanding issues. Ms. Lee confirmed that construction had been completed. The Board granted the renewal of the Special Use permit but modified the condition for hours of operation to include Sundays from 9:00 a.m. to 7 p.m. CERTIFICATION As Chairperson of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held on April 19, 2006. Town of Mamaroneck Planning Board Minutes April 19,2006 Page 3 of 5 SPECIAL USE PERMIT—INTERNATIONAL NAIL&SPA INC. WHEREAS, Gina Lee of the International Nail & Spa, Inc. submitted an application for a Special Use Permit for use of the premises at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 137 as a spa for women; and WHEREAS, a Public Hearing having been held on April 19, 2006 pursuant to notice; and WHEREAS, the Planning Board having considered the application for a Special Use Permit, the plans and zoning report and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public; WHEREAS, this Planning Board has previously determined that the proposed action is an unlisted action for purposes of SEQRA and the Planning Board previously issued a Negative Declaration; and NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets; 2. The operations in connection with the Special Use Permit will be no more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit; 3. The proposed Special Use Permit use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. BE IT FURTHER RESOLVED, that this Board approves the application of Gina Lee for a Special Use Permit for a spa for women subject to the following terms and conditions: 1. The hours of operation shall be no earlier than 8:00 a.m. and no later than 10:00 p.m. Monday through Saturday and no earlier than 9:00 a.m. and no later than 7:00 p.m. on Sundays. 2. This permit shall expire after two (2)years. 3. This Special Use Permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Zoning Code of the Town of Mamaroneck. This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law. 4. Winged Foot Golf Club The applicant's contractor, Charlie Pound, of Aqua Dredge Inc. stated the dredging of the upper pond would increase the storage capacity of the pond. Lauren Pasqua (10 Bruce Road) was concerned about the hours of operation, how long the dredging would take, and the noise level. Town of Mamaroneck Planning Board Minutes April 19,2006 Page 4 of 5 Mr. Pound responded the hours of operation would be Monday to Thursday, from 8 a.m. to 5 p.m., for 4 weeks and will not be heard. Paul Callahan (6 Dudley Lane)stated he was in favor of the project. Francesco Pia (3 Boulder Brae Lane) was concerned on whether or not contaminated sediments would be pumped from the pond to the green. Mr. Pound responded the pond would be tested for contaminants before the project could proceed. The Planning Board adjourned this application to the next meeting on May 10, 2006. 5. Ferreira Subdivision Joel Negrin (applicant's attorney)stated the applicant's proposal with respect to Lot B, which is a corner lot, will apparently result in a lot area that is 75 square feet less than the Zoning Code requires and lot frontage that is less than one foot short of what the Code requires. Mr. Negrin continued to say the Board should recognize that these deviations from the Code's requirements be deemed insignificant from a zoning perspective. Jim Lotto (applicant's landscape architect)stated there will not be an increase in run-off. Mr. Lotto continued to say he will provide further information to support its assertions regarding future run-off and drainage at the property. Larry Gordon (applicant's architect)emphasized its plan to remove impervious surfaces on proposed Lot B so the lot coverage will not exceed 35%. Joe Russo (1055 Palmer Avenue)stated his concerns about mitigation due to the fact that Lot B would be non-conforming, however, is currently mitigated by the overall size of the entire parcel (i.e., one-half of it—proposed Lot A— is vacant in its existing state). Mr. Russo is also concerned that this mitigating factor would disappear following subdivision and development of both lots. Mr. Russo continued to say the benefits to the applicant do not outweigh the detriment to the neighborhood and community. Leona Lellnesey (1065 Palmer Avenue)stated she does get run-off onto her property now. Ms. Lellnesey continued to say she is concerned about safety and traffic. Mr. Russo also stated he is concerned about the potential impacts on drainage, traffic and the character of the neighborhood. The Board recommended this application be referred to Westchester County Planning Department, Coastal Zone Management Commission (CZMC), and the Traffic Committee. The Board adjourned the application to its next meeting on May 10th for a public hearing. 6. Kaye Subdivision Michele Luzio (applicant's attorney) stated the applicant is proposing to subdivide the property located at 6 Bruce Road. The lot was originally subdivided but since both lots were owned by the Kayes, the lots merge into one lot. Joe Cermele (applicant's engineer) stated information regarding run-off and drainage at the property was submitted. Town of Mamaroneck Planning Board Minutes April 19,2006 Page 5 of 5 The Board requested the application be referred to Westchester County Planning Department and Coastal Zone Management Commission (CZMC). The Planning Board adjourned the application until its June 14th meeting for a public hearing. Adjournment Daniela Gerardi Secretary to Planning Board