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HomeMy WebLinkAbout2007_10_10 Planning Board Minutes Town of Mamaroneck Planning Board 40"' .. MIMED : Town of Mamaroneck Planning Board Minutes October 10, 2007 Present: Marc Rosenbaum, Chair C. Alan Mason, John A. Ortiz Ellen Dunkin Virginia Picciotto George Roniger Absent: Edmund Papazian Ron Carpaneto, Director of Building Also Present: Kevin G. Ryan, Counsel Nancy Seligson, Liaison Anthony Oliveri, P.E Wanda Spevadula, Public Stenographer Carbone&Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine Brill, Recording Secretary 1. MINUTES The minutes were postponed. 2. CITI PARK SERVICE STATION INC. PUBLIC HEARING On Motion of C. Alan Mason, seconded by John Ortiz the Public hearing was opened. Thomas Gubin appeared and addressed the Board. Mr. Gubin stated that there have been no changes to the area around his place of business since issuance of the last permit. A Memo from Ronald Carpaneto stating the to the best of his knowledge there are no violations on the property and he sees no reason that the Planning Board cannot approve the Special Use Permit which was read into the record. On Motion of John Ortiz, seconded by C. Alan Mason the Board voted to close the Public Hearing. The Board discussed this application. The Chair asked for a motion After review on motion of Ellen Dunkin, seconded by George Roniger the following resolution was proposed and ADOPTED, by unanimous vote of those Board members present. WHEREAS, Thomas Gubin, Citipark Service Station, submitted an application for the renewal of a Special Use Permit on the premises located at 613 Fifth Avenue/2 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Lot 1 as a private auto garage; and WHEREAS, this Planning Board (the "Board") has determined that the proposed action is a Type II action and that, therefore, no further action is required under SEQRA; and WHEREAS, the Planning Board conducted a Public Hearing on October 10, 2007; and WHEREAS, the Planning Board having considered the application for renewal of a Special Use Permit, the plans and zoning report and environmental assessment 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; 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. 4. The property subject to this Special Permit has no existing violations of the Town of Mamaroneck Zoning Ordinance. 5. The applicant has demonstrated that there has been no change in circumstances in the area, which would require the Planning Board to deny this request. BE IT FURTHER RESOLVED, that this Board GRANTS the application of Thomas Gubin, Citipark Service Center for the RENEWAL of a Special Use Permit for a private auto garage subject to the following terms and conditions: 1. The hours of operation of the garage shall be 8:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 4:00 p.m. on Saturdays. 2. Petroleum waste shall be removed from the premises by a properly licensed disposer of such material. 3. The operation shall be limited to servicing corporate vehicles; it shall not be open to the general public. 4. There shall be no parking or storage of any vehicle on the 4 ft. wide area along the lengths of the Fifth Avenue boundary and the Valley Place boundary; these areas shall be striped: the words "No Parking" shall be painted on both sides of the Fifth Avenue side and Valley Place side. 5. There shall be no parking of any vehicles belonging to either employees or vehicles being serviced on Fifth Avenue, where the local law provides no parking. 6. No car parts or metal shall be stored outside the building except in the properly enclosed refuse containers. 7. 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 240-30B of the Zoning Code of the Town of Mamaroneck. 8. This Special Use Permit shall be valid for two (2)years from the date hereof. A building permit is required before any work can begin on the aforesaid application. NEW BUSINESS The Board discussed the proposed local law 240-72; that William Maker the Town's Attorney sent to them for review. The proposed law would make the defense of a nonconforming use an affirmative defense in any prosecution in which a landowner claims that it is not guilty of violating the zoning ordinance because its use is a legal nonconforming use. The Board expressed concerns regarding the reference to the Penal Law§25.00 in that; in a criminal prosecution the government normally must prove the elements of an alleged violation beyond a reasonable doubt. Board members expressed their concern even though they recognized that under the amendment, the owner would have to prove such an existing nonconformity by a preponderance of the evidence (compared with the Town's existing proof standard of beyond a reasonable doubt). Nancy Seligson the Town Board liaison stated that she understood it was to pertain to very limited cases and that Mr. Maker could best explain his reasoning to the Planning Board. The Board requested that William Maker possibly attended the next meeting to answer any questions the Board may have, for as it stands now the Board has some serious problems with it. ADJOURMENT On motion of John Ortiz, seconded by Ellen Dunkin the Board voted to adjourn the meeting at 8:20 pm. Francine M. Brill Planning Board Secretary