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HomeMy WebLinkAbout2008_07_09 Planning Board Minutes 04 4 Town of Mamaroneck Planning Board 0 Town of Mamaroneck Planning Board Minutes July 9, 2008 Present: Marc Rosenbaum, Chair C. Alan Mason, John A. Ortiz Ellen Dunkin George Roniger Edmund Papazian Absent: Virginia Picciotto Nancy Seligson, Liason Ron Carpaneto, Director of Building Also Present: Kevin G. Ryan, Counsel Anthony Oliveri, P.E Ellen Korn, Alternate Francine Brill, Recording Secretary 1. Minutes The minutes of June 11, 2008 were approved by motion of Dr. Mason, seconded by Mr. Ortiz, unanimously 6-0. 2. Application of Mantu and Lopa Gupta, 4 Rocky Hollow Drive,Wetlands and Water courses Permit The matter was adjourned to August 13, 2008 3. Application of Take Two LLC, (Bellizzi) 1262 Boston Post Road Special Use Permit Renewal On motion of Dr. Mason, seconded by Mr. Papazian the Board opened the Public Hearing 6- 0 Mary McCabe owner of Take Two LLC, (Bellizzi)appeared and addressed the Board. Ms. McCabe stated that there would be no changes in the application. Mr. Rosenbaum read a memo from Ron Carpaneto into the record stating that there are no violations with noise and sanitation. Mr. Rosenbaum stated that other applicants from the same mall have been asked not to have delivery trucks use Burton Road. Ms. McCabe stated that their delivery trucks do not use Burton at all. On motion of Dr. Mason, seconded by Ms. Dunkin the Board closed the Public Hearing. The Chair asked for a motion. On motion of Mr. Papazian, seconded by Mr. Ortiz the Board voted to Approve the application 6-0 As Secretary 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 July 9, 2008. SPECIAL USE PERMIT RENEWAL—Take Two LLC(Bellezzi) WHEREAS, Take Two LLC (Bellezzi) 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 as a restaurant; and WHEREAS, a Public Hearing having been held on July 9, 2008 pursuant to notice; and WHEREAS, the Planning Board having considered the application for renewal of the Special Use Permit, the plans 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; and WHEREAS, the Planning Board has previously determined that the proposed action is an unlisted action for purposes of SEQRA and, at the meeting held on July 9, 2008, adopted a Negative Declaration annexed hereto; 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 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 Take Two LLC (Bellizzi) for the renewal of a Special Use Permit Renewal for a restaurant subject to the following terms and conditions: 1. The restaurant's hours of operation shall be from 9:00 a.m. to midnight, seven (7)days a week. 2. The applicant shall regularly clean and maintain all grease traps on the premises and properly dispose of used grease. 3. This permit shall expire after two (2)years. 4. This special use Permit is subject to 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. 5. Trucks used and controlled by Take Two LLC (Bellizzi) shall enter and exit by Boston Post Road only. 4. John Lage (Car Wash), 2434 Boston Post Road, Consideration Mr. Pellegrino Orsini of Michael Rino Architects appeared and addressed that Board. Mr. Donnadio one of the partners in the car wash also appeared. Mr. Orsini stated that the plan is to demolish the existing car wash and rebuild. Mr. Donnadio stated that having previously renovated other car washes, he found that after replacing the electrical and plumbing systems and other necessary repairs, it would not have cost much more to build a new structure. He also stated that they plan to have a basement and place all the machinery and vacuum equipment in it to mitigate any noise in the neighborhood. Ninety percent of the water is recycled and the chemicals used are biodegradable. The engineer for the project is Benedict Salinitro. Mr. Orsini stated that the preliminary site plan will have less coverage than the existing building and more landscaping. [Mr. Rosenbaum asked Mr. Ryan if the site plan and special use permits should be reviewed concurrently and Mr. Ryan answered yes.] The Board referred the application to the Coastal Zone Management Commission, NYS DOT,Westchester County Planning Board, City of New Rochelle and the Board of Architectural Review. The Matter was adjourned to August 13, 2008. 5. Referral from the Town Board Public Hearing On June 13, 2008, a memo was sent to Steve Altieri by William Maker, the Town Attorney, explaining a proposed law. On June 20, 2008 William Maker sent a request to the Planning Board to comment on a proposed amendment to the zoning code, attaching the above mentioned memo. The proposed change is to clarify an inconsistency within the zoning code with regard to lot coverage and setbacks. Section 240-4 and 240-50 seem to contradict each other. The Board discussed the referred amendment and stated that they believe a distinction should be made between commercial and residential properties because of its concern that the proposed amendment would result in a high degree of nonconformity among commercial properties. The Planning Board has 45 days to respond to the Town Board. The Board asked Mr. Ryan to write a draft response adding the Zoning Board Chairman Arthur Wexler's concern that the proposed changes to the setback regulations could be considered excessively restrictive. The Board also asked that Mr. Ryan request the 45 days in which the Board is required to respond be extended. On motion of Ms. Dunkin, seconded by Mr. Ortiz the matter was adjourned to the August 13, 2008 meeting. NEXT MEETING August 13, 2008 ADJOURNMENT On motion duly made the meeting was adjourned at 9:20 p.m. If anyone wishes to review the audio tape of the meeting of July 9, 2008 it will be available at the Building department Francine M. Brill Planning Board Secretary