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HomeMy WebLinkAbout2006_08_15 Planning Board Minutes d ,,.4--, Town of Mamaroneck wit Planning Board MIMED : Town of Mamaroneck Planning Board Minutes August 15, 2006 Present: Marilyn S. Reader, Chair C. Alan Mason Marc H. Rosenbaum Edmund Papazian Virginia Picciotto Ellen Dunkin Anthony Oliveri, P.E Judith M. Gallent, Counsel Absent: John A. Ortiz Also Present: Ron Carpaneto, Director of Building Elizabeth Paul, Environmental Coordinator Nancy Seligson, Liaison Melissa Sasso, Public Stenographer Carbone&Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine Brill, Recording Secretary 1. Minutes The Planning Board approved the minutes of July 12, 2006; Motion made by Marc Rosenbaum, seconded by Edmund Papazian. 2. FCD Mamaroneck LLC The Board discussed the application and are waiting BAR determination and the Fire Departments findings in writing. The case is adjourned to September 13, 2006. 3. Philogene The applicants not present, but the Board decided to proceed with the application and opened the Public Hearing. A letter from CZMC was entered into the record. The Board discussed this application, and hours of operation for the proposed business. The Board determined there was little or no adverse impacts on the environment or community and therefore voted to approve a Motion made by Ellen Dunkin, and seconded by Virginia Picciotto to adopt a Negative Declaration. Thereafter, upon a motion by Marc Rosenbaum, seconded by Ed Papazian to grant the special Use Permit, the Board voted as follows: Planning Board August 15,2006 Page2 Poll Board Board Members Yes/No/Abstained Marilyn S. Reader, Chair Yes C. Alan Mason Yes Marc H. Rosenbaum Yes Edmund Papazian Yes Virginia Picciotto Yes Ellen Dunkin Yes WHEREAS, Dieuseul Philogene, Mighty Cafe, submitted an application for a Special Permit for use of the premises at 2423 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Lot 463 as a takeout restaurant. WHEREAS, a Public Hearing having been held on August 15, 2006 pursuant to notice; and WHEREAS,the Planning Board having considered the application for Special 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,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 §§617 92-7(A)and (B), and the Planning Board previously issued a Negative Declaration. 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 access of traffic from said use onto or off of adjoining streets. 2. The operations in connection with the Special 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 Permit. 3. The proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding properties or surrounding area by 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 Dieuseul Philogene, Mighty Café for a Special Permit for a takeout restaurant subject to the following terms and conditions: 1. The hours of operation shall be 8:00 a.m. to 11:00 p.m. daily. 2. The restaurant operator shall arrange for private commercial pickup of garbage in addition to the two regularly scheduled pickups provided by the Town of Mamaroneck, if in the event that the Director of Building determines that such additional garbage collection is necessary. 3. The exhaust fan shall be serviced and maintained in proper working order, so that noise and odors are within all regulatory limits and so as not to create a nuisance of any kind. 4. The permit shall b valid for two (2)years from the date hereof. Planning Board August 15,2006 Page3 5. This Special Permit is subject to termination requirements set forth in 89-53 of the Zoning Code of the Town of Mamaroneck. On Motion of Marc Rosenbaum, seconded Ed Papazian this resolution was unanimously APPROVED 4. Kaye Subdivision Joe Cermele (Site Design)explained that after discussing the project with the Fire Chief Matthew Peloso the driveway layout was changed negating the need for an additional hydrant. Chief Peloso's email was entered into the record. Mr. Cermele stated that the new configuration makes the drainage system simpler and cuts the amount of asphalt by 50 sq. ft. The Board discussed the plans and decided that the consulting engineer Anthony Oliveri needs more time to review the changes to the plan. On Motion of Marc Rosenbaum, seconded by Edmund Papazian the Board unanimously decided to adjourn the matter to the next meeting September 13, 2006 for continuation. 5. North Brook Road Mr.Yestadt, of Gorden, Yestadt Architect, appeared and addressed the Board. Mr.Yestadt stated that this a flag lot and that they are proposing an as of right structure in the back of the lot that meets all the set back requirements. The DEC determination that the Sheldrake River is a non-protected waterway and that a Protection of Waters permit is not required was entered into the record. The Coastal Zone Management Commission reviewed the matter and their letter was entered into the record. CZMC states the project is inconsistent with LRWP policies because the driveway encroaches into the 100 year flood zone. They have suggested that the applicant consider reducing the width of the driveway or seek a variance to move the driveway. After discussion the Board unanimously adjourned the matter for consideration to Wednesday September 13, 2006. Meeting Adjourned Next Meeting Wednesday September 13, 2006 Francine M. Brill Secretary to Planning Board