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HomeMy WebLinkAbout2009_12_09 Planning Board Minutes Town of Mamaroneck Planning Board December 9, 2009 Town of Mamaroneck Planning Board Town of Mamaroneck Planning Board Minutes • MIMED ' ' ` December 9, 2009 Present: Marc H. Rosenbaum, Chair C. Alan Mason, DDS John A. Ortiz Ellen Dunkin George Roniger Edmund Papazian Also Present: Ron Carpaneto, Director of Building Kevin Ryan, Counsel Anthony Oliveri, P.E, Town Engineer Elizabeth Paul, Environmental Coordinator Absent: Virginia Picciotto, AIA Melisa Shelton, Public Stenographer Carbone&Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine M. Brill, Recording Secretary Mr. Rosenbaum called the meeting to order at 8:00 P.M. 1. Minutes Upon a motion by Mr. Ortiz, seconded by Ms. Dunkin, the minutes of November 11, 2009 were unanimously approved. 2. Application of Pet Pantry, Application of Adam Jacobson requesting a Special Use Permit. Public Hearing. Mr. Rosenbaum asked for confirmation that the application has been properly noticed. Ms. Brill confirmed proper notice. Upon a motion of Dr. Mason, seconded by Mr. Roniger the Public Hearing was opened. Robert Moon of R. Moon Associates, applicant's architect, appeared and addressed the Board. Mr. Moon stated that the applicant is before the Board to convert the store at 2444 Boston Post Road from service to retail. He entered 3 photos into the record marked exhibit 1, 2, 2A. Upon confirmation from the applicant that the store occupancy will be less than 20 persons, Mr. Ryan stated that under the Town of Mamaroneck Environmental Quality Review Code, Sec. 92-8.A(23)this application is a Type II action. The Board discussed store hours, deliveries, parking and garbage removal. Mr. Rosenbaum identified several conditions with respect to the above that would be specified in the resolution approving the special permit. 1 Town of Mamaroneck Planning Board December 9, 2009 There were no questions or comments from the public. Upon motion of Mr. Ortiz, seconded by Ms. Dunkin, the Public Hearing was closed. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Roniger, Papazian Nays: Upon motion of Mr. Ortiz, seconded by Dr. Mason the Special Permit for Pet Pantry with conditions was unanimously approved. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Roniger, Papazian Nays: RESOLUTION SPECIAL USE PERMIT—Pet Pantry Warehouse WHEREAS, Pet Pantry Warehouse ("Applicant"), is the lessee of retail space located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 137 (the"Property"); and WHEREAS, the Property is located within the Service Business District which allows retail stores as a special use pursuant to Section 240-31.B(1) of the Zoning Code of the Town of Mamaroneck(the "Town Code"); and WHEREAS, the Applicant submitted an application for a Special Use Permit for use of the Property as a retail pet supply store; and WHEREAS, a duly noticed public hearing was held on December 9, 2009; and WHEREAS, the Planning Board of the Town of Mamaroneck (the "Board") has considered the application for a Special Use Permit and has reviewed the plans and zoning report and environmental analysis submitted by the Applicant, the reports and comments of the consulting engineer to the Town of Mamaroneck and comments made by interested members of the public; WHEREAS, the Board has determined that the proposed action is a Type II action and that, therefore, no further action is required under the New York State Environmental Quality Review Act; and WHEREAS, pursuant to Section 240-62 of the Town Code, the Board makes the following findings of fact: 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 2 Town of Mamaroneck Planning Board December 9, 2009 will not adversely impact upon surrounding properties or surrounding property values. 4. There are no existing violations on the Property. NOW, THEREFORE, BE IT RESOLVED, that this application is hereby APPROVED, subject to the following terms and conditions: 1. The hours of operation shall be 8:00 a.m. to 8:00 p.m. Monday thru Sunday. 2. All deliveries will be made during normal business hours only. 3. Proper care is to be taken with regard to discarded pet food, so that rodents will not consume it. 4. This permit will expire on December 9, 2011 5. This 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 Town Code. 6. A building permit is required before any work can begin on the aforesaid application. 2. Cooper Lane Subdivision Consideration ADJOURNED 3. 1380 Boston Post Road Consideration ADJOURNED 4. METRO PCS New York, LLC Site Plan Approval Consideration Tony Gioffre of Cuddy & Feder, applicant's attorney, appeared and addressed the Board. Mr. Gioffre, stated that METRO PCS is requesting approval to co-locate a wireless antenna array next to the Nextel system on the rooftop of 811 Richbell Road. Members of the Board and Mr. Gioffe discussed the FCC requirements, radio wave emissions and safety. Mr. Gioffre noted the "stealth" design of the equipment housing. Mr. Rosenbum requested a new set of photo simulations of the rooftop antenna location to be taken now that the trees are bare. The applicant was advised to make sure that all notices for the hearing, and as may be required under the General Municipal Law, are sent The matter was adjourned until January 13, 2009. ADJOURNMENT Upon motion duly made the meeting was adjourned at 8:35 P. M. Minutes prepared by Francine M. Brill 3