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HomeMy WebLinkAbout2008_11_12 Planning Board Minutes 04 4 Town of Mamaroneck Planning Board ' Town of Mamaroneck Planning Board Minutes November 12, 2008 Present: Marc Rosenbaum, Chair C. Alan Mason, arrived late John A. Ortiz Ellen Dunkin Virginia Picciotto George Roniger Edmund Papazian Also Present: Ron Carpaneto, Director of Building Kevin G. Ryan, Counsel Nancy Seligson, Liaison John Avellino, P.E Ellen Korn, Alternate Elizabeth Paul, Environmental Coordinator Wanda Spevedula, Public Stenographer Carbone&Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine Brill, Recording Secretary 1. Minutes The minutes of October 15, 2008 were approved by motion of Mr. Ortiz, seconded by Mr. Picciotto, unanimously 6-0. The applications were taken out of order. 2. Application of John Lage (Car Wash) 2434 Boston Post Road Special Use Permit Postponed. 3. Application of 4 Rocky Hollow, Special Use Permit No one appeared and the matter was postponed to the December 10, 2008 meeting. 4. 5 Guys Burgers 1262 Boston Post Road Special Use Permit On Motion of Ms. Dunkin seconded by Ms. Picciotto the Public Hearing was opened. Paul Noto of 650 Halstead Avenue the applicants architect appeared and addressed the Board. Mr. Noto stated that his client was there to apply for a special use permit to open a burger restaurant in the space currently occupied by Village Square Bagels. Mr. Noto stated that the only issue is the Special Use Permit, there are no zoning issues and the Building Department opined that the application is for use as a restaurant. Mr. Noto stated that there will be no external changes to the building facade and they will go before the BAR for signs the only changes will be internal. There are 160 parking spaces in the lot and Town Code requires 1 parking space for each 50 sq. ft. of floor space devoted to patron use, requiring 23 spaces for 5 Guy's who usually require the land lord to supply 35 spaces for their other establishments Robert Stanziale, Architect for 5 Guy's appeared and addressed the Board. Mr. Stanziale stated that the space in question is 1,996 square feet. Mr. Stanziale stated they will have 40 seats in the patron area, handicapped rest rooms and a delivery entrance in the rear. The Board questioned the menu and were told that it will be Burgers, Hot Dogs, Grilled Cheese, Vegetable Sandwich and Fries. Mr. Noto stated that 5 Guys want to encourage sit down dining and are changing their concept to fit in with the Town's requirements. This restaurant will have wait service as well as a counter for takeout service. The food is made to order and will be served on plates. Mr. Noto stated that the definition of a fast food establishment is the sale of ready to consume food and beverages. Food will be served by a wait staff to be consumed on the premises and take out service is considered an accessory. Mr. Ryan counsel to the Board stated that the Director of Building makes the call as to whether or not an application falls under a permitted use. Dr. Mason arrived at the meeting. The Chair opened the meeting to questions from the public. Mary McCabe owner of Belizzi Restaurant 1262 Boston Post Road stated that 5 Guy's have a fabulous product, but she is worried about parking as she stated that they have to valet park cars on the weekends. Also Ms. McCabe stated that she is concerned as to where the dumpster will be placed for 5 Guy's. Mr. Carpaneto answered that the dumpster should be placed in the rear of the building 25 ft. from the residential property line. Mr. Rosenbaum asked if Mr. Carpaneto would check where the dumpster should be placed for the purpose of health and safety, and who would do a parking study. Mr. Carpaneto stated that it has already been worked and that the calculation will be provided by the next meeting to be entered into the record. Ms. McCabe also stated the need for a pedestrian walkway for safety Ted Tanney a resident of the Town stated that he is a neutral party, but the parking lot is jammed on the weekends and the exit onto Boston Post Road in dangerous and needs a traffic light. Gail Koller stated that the entrance to the parking lot from Boston Post Road is dangerous that there have been a number of near misses. Ms. Koller also stated her concern over the restaurants use of peanut oil stating it could be a health issue for someone who is allergic. Janet Rogow a teacher in Mamaroneck High School stated that anyone in the center should be of service to the community and that she was concerned that HS student's drive in that area and there have been 30 accidents in the past. Betsy Steers of Myrtle Blvd. stated that she climbs the wall to get into the shopping center because of the unsafe entrance into the shopping center, Ms. Steers also stated her concern about garbage in the parking lot and that someone from 5 Guy' should be required to clean it. Donald Mazin attorney for Village Square Bagels appeared and addressed the Board. Mr. Mazin stated that the application is defective and should be rejected he entered a highlighted application into the record marked exhibit A. Exhibit B original Zoning Application asking for a fast food restaurant. Exhibit C information from the web site Exhibit D Wikipedia information about 5 Guy's Exhibit E Photo Exhibit F Photo Exhibit G Photo Exhibit H Photo Exhibit I Photo Exhibit J Menu from the web site Exhibit K petition in favor of Village Square Bagel with 1,138 signatures. Exhibit L an email from Alan Benet Exhibit M a letter from Jean Meyerowitz Mr. Mason wanted to know how the Building Department determined the application is for a restaurant. Mr. Mason stated that there are only 145 parking spaces and the square footage of the building requires 195 spaces. Mr. Mason stated that he wants a traffic study done. Mr. Noto asked to rebuttal all statements. Mr. Noto responded that 5 Guy's has altered their business model for this site to make it consistent with Town Code; the peanut oil will be kept in containers on premises and removed. As to the pedestrian problem it was already there and the Bagel shop generates more traffic then the restaurant is expected to generate. 5 Guy's would also be part of the community. Mr. Rosenbaum asked would the plates be disposable or reusable and if 5 Guy's would supply the weight of refuse for a 2,000 sq. ft. establishment. Ms. Seligson, Liaison stated that the Town has a truck that runs on vegetable oil. The matter was adjourned to December 10, 2008. 5. Winged Foot Golf Club, Inc. Lori Dickson attorney for Winged Foot appeared and addressed the Board. Ms. Dickson stated that she had sent a letter to the Board asking for waivers. Mr. Rosenbaum, Chair stated that letters were sent to the involved agencies declaring the Planning Board Lead agency and are waiting for responses. Mr. Rosenbaum stated that the matter should be set for a Public Hearing for the December 10, 2008 meeting. Ms. Paul, Environmental Coordinator stated that the next CZMC meeting is Tuesday November 28 and they are not meeting in December. A memo from the Town Engineer was read into the record requesting clarification of the Easement as the site plan and subdivision plat do not match. Also approval of the Westchester Joint Water Works and the Westchester County Department of Health is required prior to the final subdivision plat approval. David Sessions of Kellard and Sessions Consulting, PC explained that the Easment on the current site plan is the correct one. Colin Porter of 183 Griffen Ave. asked what the reason for the easement was and whether it was to insure a legal building lot. Ms. Dickson stated the lot is 22,500 sq. ft. where 20,00 sq. ft. are required in a R20 Zone and that the intention was to draw the lot line the same as the neighboring properties. The Board discussed the matter and adjourned to December 10, 2008 for a Public Hearing. John Lage (Car Wash) On motion of Dr. Mason seconded by Ms. Picciotto the agenda was amended and the Board voted to open the Public Hearing unanimously. Benedict Salinitro, Engineer appeared and addressed the Board. Mr. Salinitro stated that they have been before the Coastal Zone Management Commission and the CZMC has found the "proposal to be consistent with the policies in the LWRP" John Avellino and Mr. Salinitro discussed the memo from Dolph Rotfeld Engineering , PC dated November12, 2008. Mr. Salinitro stated that he would address all concern by the next meeting. Pelligrino Orsini, Architect appeared and addressed the Board. Mr. Orsini state that all water from the canopy will go into downspouts and into dry wells to be contained on the property The Board discussed the matter and adjourned to December 10, 2008 ADJOURNMENT On motion duly made the meeting was adjourned 9:57 p.m. If anyone wishes to review the audio tape of the meeting of November 12, 2008 it will be available at the Building department, after the certification is signed by the chairman and filed with the Town Clerk. Francine M. Brill Planning Board Secretary