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HomeMy WebLinkAbout2008_09_10 Planning Board Minutes Town of Mamaroneck Planning Board Town of Mamaroneck Planning Board Minutes September 10, 2008 Present: Marc Rosenbaum, Chair C. Alan Mason, John A. Ortiz Ellen Dunkin Virginia Picciotto George Roniger Edmund Papazian Ellen Korn, Alternate Also Present: Ron Carpaneto, Director of Building Kevin G. Ryan, Counsel Nancy Seligson, Liason John Avellino, P.E Wanda Spevdula, Public Stenographer Carbone &Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine Brill, Recording Secretary 1. Application of 4 Rocky Hollow PUBLIC HEARING Meeting adjourned to next month 2. Application of John Lage (Car Wash) CONSIDERATION Meeting adjourned to next month 3. Application of Ron Trucchio (Ice Cream Store) PUBLIC HEARING The Chair asked for a motion to open the Public hearing. On motion of Dr. Mason seconded by John Ortiz the Board opened the Public Hearing 6-0, Ms. Picciotto recused herself. Joseph Messina the applicant's attorney appeared and addressed the Board. Mr. Messina stated that at the previous meeting there were two issues that the Board wanted clarified 1. The issue of an outside trash container in front of the establishment. 2. The Department of Health approval of the plans. Mr. Messina entered two letters into the record. The letter from Westchester County Public Health Department was entered into the record marked Exhibit 1. The letter states that the applicant has approved building plans, and the pre-operational inspection will be scheduled when the premises is near completion. The letter from the property manager Steve DeClara giving permission to have a trash can in front of the store was marked Exhibit 2. The Westchester County referral was sent 8/14/08 and the answer was received 8/28/08 stating the matter is for local determination. The Chair read excerpts from a emails from Jean Marie Stein and Amy Siskind requesting a side walk or other pedestrian access into the shopping center. The Chair stated that while their concerns appeared legitimate, the Planning Board could not, in fairness put the onus on this single applicant and referred the emails to the Town Board's liason Nancy Seligson, who was in attendance. The hours of operations were discussed and it was noted that the Code states that the operation can be 6 am to 12 midnight, 7 days a week. The Board requested that all deliveries be made to and from Boston Post Road only and not Burton Road. The applicant agreed. The Board discussed this application and concluded that there were little or no adverse impacts from it on the neighborhood or community. On motion of Dr. Mason, seconded by Mr. Ortiz the Board closed the Public hearing 6-0 with Ms. Picciotto recusing herself. The Chair asked for a motion. After review on motion of Mr. Ortiz, seconded by Ms. Dunkin the following resolution was proposed and ADOPTED 6-0 again with Ms. Picciotto recusing herself. Poll Board Board Members yes/no/abstained Marc Rosenbaum, Chair Yes C. Alan Mason Yes Ellen Dunkin Yes Virginia Picciotto Recused George Roniger Yes Edmund Papazian Yes Ellen Korn, Alternate 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 September 10, 2008. SPECIAL USE PERMIT— Ron Trucchio (Ice Cream Store) WHEREAS, Ron Trucchio (Ice Cream Store) submitted an application for a Special Use Permit 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 an Ice Cream Store; and WHEREAS, a Public Hearing having been held on September 10, 2008 pursuant to notice; and WHEREAS, the Planning Board having considered the application for 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; 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. 3. The proposed Special Use Permit I 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 Ron Trucchio (Ice Cream Store) for a Special Use Permit for an Ice Cream Store subject to the following terms and conditions: 1. The restaurant's hours of operation shall be from 6:00 a.m. to midnight, seven (7) days a week. 2. The applicant shall regularly clean and maintain the garbage/trash can in the front of the establishment. 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 the use restrictions set forth in section 240-30C of the Zoning Code of the Town of Mamaroneck. 5. Trucks used and controlled by applicant shall enter and exit from and to the Boston Post Road only. A building permit is required before any work can begin on the aforesaid application. MINUTES On motion of Ms. Dunkin, seconded by Dr. Mason the minutes of 7/9/08 were approved 7-0 On motion of Mr. Roniger, seconded by Dr. Mason the minutes of 8/13 08 were approved 7-0 ADVISORY OPINION TO THE TOWN BOARD RE; PROPOSAL AMENDMENT OF ZONING REGULATIONS After a typographical error was corrected on page 6, the draft Memorandum, resulting from previous discussion and consideration of the referred proposed amendment of the Town's zoning regulations, the chair asked for a motion to approve the draft Memorandum as the final Advisory Opinion of the Planning Board for transmittal to the Town Board. On motion of Dr. Mason, seconded by Mr. Roniger the Memorandum was approved 7-0 pursuant to the following Resolution: RESOLUTION As Secretary to the Planning Board of the Town of Mamaroneck, I hereby attest that the following is the Resolution adopted by the Planning Board at the meeting held on September 10, 2008 WHEREAS, the Zoning Board of Appeals (ZBA) identified an inconsistency within the Zoning Code with respect to the definition of lot coverage and treatment of patios, decks, terraces, and similar improvements; and WHEREAS, the ZBA requested the Town Board to consider and reconcile the apparent conflict; and WHEREAS, William Maker, Jr., Attorney for the Town, delivered a memo to the Planning Board dated June 20, 2008 regarding a proposed amendment to the zoning code; and WHEREAS, the members of the Planning Board discussed the proposed amendment at its July 9th meeting and held a public hearing concerning the proposed Zoning Code amendments at its August 13th meeting; and WHEREAS, at the August 13th Planning Board meeting, following the close of the public hearing and following further discussion of the proposed amendments, on motion of Dr. Mason, seconded by Ms. Dunkin, the Planning Board unanimously voted to approve an August 12, 2008 Memorandum expressing the views of the Planning Board regarding the proposed amendments to the Zoning Code (the "Memorandum"), subject to certain changes as discussed during its consideration of the proposed amendments on August 13, 2008; and WHEREAS, on or about August 16, 2008 the Memorandum was revised to reflect the comments of the Planning Board as expressed during its August 13, 2008 meeting, and was then circulated to the Planning Board for further review; and WHEREAS, on September 10, 2008 the Memorandum was further revised following additional comments of the Planning Board; and WHEREAS, at its meeting of September 10, 2008, having reviewed the revised Memorandum, the Planning Board determined that it accurately reflects the views of the Planning Board concerning the proposed amendments to the Zoning Code with regard to lot coverage and other matters; NOW, THEREFORE, BE IT RESOLVED, that the Planning Board directs the Secretary to refer the Memorandum to the Town Board as representing the advisory opinion of the Planning Board in accordance with §240-92B of the Zoning Code. The Secretary will forward the Resolution and Advisory Opinion Memorandum to the Town Board. NEXT MEETING After discussion concerning the un-availability of the Planning Board members on October 8, 2008, the next meeting of the Planning Board was instead scheduled for October 15, 2008 ADJOURNED The meeting adjourned at 8:30 PM Francine M. Brill, Planning Board Secretary If anyone wishes to review the audio tape of the meeting of September 10, 2008, it will be available at the Building Department, after the certification is signed by the chairman and filed with the Town Clerk.