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Home My WebLink About2011_03_09 Planning Board Minutes 1 AGENDA TOWN OF MAMARONECK PLANNING BOARD MARCH 9, 2011 8:00 P.M. Held in Conference Room C of the Town Center MINUTES Application No. 1 CASE No. 276 19 Avon Road Subdivision Required Approval(s) Subdivision Approval Town Code Chapter 190 Location: 19 Avon Road District: R-15 Project Description Subdivision Application No.2 CASE No. 288 1262 Boston Post Road Special Permit Renewal Public Hearing Required Approval(s) Special Permit Renewal Town Code Section 240-60-65, 240-308 Location: 1262 Boston Post Road Belizzi District: B Project Description Continue existing restaurant Application No.3 CASE No. 289 1262 Boston Post Road Special Permit Renewal Public Hearing Required Approval(s) Special Permit Renewal Town Code Section 240-60-65, 240-308 Location: 1262 Boston Post Road Rita's District: B Project Description Continue existing ice cream store MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MARCH 9,2011 IN CONFERENCE ROOM C,TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order at 8:00 p.m 1 Roll Call. Members Present: Marc Rosenbaum, Chairman,John Ortiz, C. Alan Mason, Edmund Papazian, Ellen Dunkin,Virginia Picciotto, George Roniger Also Present: Ronald Carpaneto, Lisa Hochman, Counsel,Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant, Ernest Odierna,Town Board Liaison. Recording Secretary: Francine M. Brill MINUTES IVu Motion:To approve the minutes of December 8, 2010 Action:Approved Moved by C. Alan Mason, Seconded by John Ortiz. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger,John Ortiz, Marc Rosenbaum, Chairman,Virginia Picciotto. The applications were taken out of order. Application 2 Case No. 288 1262 Boston Post Road Special Permit Renewal Public Hearing Take Two LLC(Bellizzi) Mary McCabe,the applicant, addressed the Board stating there are no changes to the business. Mr. Carpaneto,the Director of Building, stated there were no violations. Motion:To open the public hearing nunc pro tunc Action:Approve Moved by John Ortiz, seconded by C. Alan Mason. There were no questions or comments from the public. Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, George Roniger,John Ortiz, Marc Rosenbaum, Chairman,Virginia Picciotto. IVu Motion:To close the public hearing Action:Approved Moved by George Roniger, seconded by Virginia Picciotto. 2 Vote: Motion carried by unanimous roll call vote(summary:Yes=6). Yes: C.Alan Mason, Edmund Papazian,George Roniger,John Ortiz, Marc Rosenbaum,Chairman, Virginia Picciotto. 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 March 9,2011. SPECIAL USE PERMIT RENEWAL—Take Two LLC(Bellizzi) WHEREAS,Take Two LLC(Bellizzi)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,the Original Special Permit was granted on July 9,2008;and WHEREAS,a Public Hearing was held on March 9,2011 pursuant to notice;and WHEREAS, the Planning Board considered the application for renewal of the Special Use Permit, comments and responses to questions by the applicant, the reports and comments of the Town's Director of Building and heard interested members of the public;and WHEREAS,this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR§617 et seq.,accordingly,no further action under SEQRA is required. 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. Motion:To approve the Special Permit for Take Two LLC (Bellizzi Restaurant) 3 Action:Approved Moved by George Roniger, Seconded by C. Alan Mason. Vote: Motion carried by unanimous roll call vote(summary:Yes=6). Yes: C.Alan Mason, Edmund Papazian,George Roniger,John Ortiz, Marc Rosenbaum,Chairman, Virginia Picciotto. Application 3 Case 289 1262 Boston Post Road Special Permit Renewal Public Hearing Vu Rita's Ice Cream Motion: To open the public hearing Action:Approved Moved by George Roniger, seconded by Virginia Picciotto Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, George Roniger,John Ortiz, Marc Rosenbaum, Chairman,Virginia Picciotto. Ron Trucchio the applicant addressed the Board stating there are no changes to the store. Mr. Carpaneto the Director of Building stated there were no violations. There were no questions or comments from the public. Motion:To close the public hearing Action:Approved Moved by Edmund Papazian, seconded by Virginia Picciotto Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, George Roniger,John Ortiz, Marc Rosenbaum, Chairman,Virginia Picciotto. IVu Motion:To approve the Special permit for Rita's Ice Cream Action:Approved Moved by C. Alan Mason, seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, George Roniger,John Ortiz, Marc Rosenbaum, Chairman,Virginia Picciotto. CERTIFICATION 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 March 9,2011. 4 SPECIAL USE PERMIT—Ron Trucchio(Rita's Ice Cream Store) WHEREAS,Ron Trucchio(owner of Rita's Ice Cream Store)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 an Ice Cream Store;and WHEREAS,the original Special Permit was granted to the applicant on September 10,2008;and WHEREAS,a Public Hearing was held on March 9,2011 pursuant to notice;and WHEREAS,the Planning Board considered the application for the Special Use Permit Renewal,comments and responses to questions by the applicant, the reports and comments of Town's Director of Building and heard interested members of the public;and WHEREAS,this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR§ 617 et seq., accordingly,no further action under SEQRA is required. 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 Renewal 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. Application No. 1 Case No.276 19 Avon Road Subdivision Mr. Rosenbaum stated that an issue was brought to his attention by counsel, concerning findings the Board would have to make. Ms. Hochman stated that according to New York State Town Law the Board cannot schedule a public hearing until the application is complete which requires the Board to issue a determination of significance pursuant to SEQRA. The Board reviewed the draft Negative Declaration and findings prepared by Elizabeth Paul. 5 There were no comments or questions from the Board. There were no questions or comments from the public. Ms. Hochman suggested a minor correction. Motion:To approve the Negative Declaration as corrected Action:Approved Moved by C. Alan Mason, seconded by,George Roniger Vote: Motion carried by unanimous roll call vote (summary:Yes=6). CERTIFICATION As Secretary to the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board of at the meeting held on March 9, 2011. Members Present: Marc Rosenbaum, Chairman John Ortiz C. Alan Mason Edmund Papazian Virginia Picciotto George Roniger The following Resolution was offered by C. Alan Mason, seconded by George Roniger,to wit: RESOLUTION ISSUING A DETERMINATION OF ENVIRONMENTAL NONSIGNIFICANCE WHEREAS,John D. Block, submitted an application for Subdivision approval to subdivide a single lot into two separate lots located at 19 Avon Road and known on the Tax Assessment map of the Town of Mamaroneck as Block 208, Lot 73 (the "the Proposed Action"); and WHEREAS, in accordance with the New York State Environmental Quality Review Act("SEQRA") and the Environmental Quality Review regulations found in Chapter 92, Article I of the Code of the Town of Mamaroneck("MEQR"),the Planning Board of the Town of Mamaroneck(the "Board") has reviewed the criteria for determining significance set forth in SEQRA and MEQR as well as the environmental assessment form prepared in connection with the Proposed Action and all other information in the administrative record,which is incorporated herein by reference in its entirety,to identify the relevant areas of environmental concern; and WHEREAS,the Board has thoroughly analyzed the identified relevant areas of environmental concern to determine whether the Proposed Action may have a significant adverse impact on the environment; and WHEREAS,for the reasons set forth more fully in the annexed Determination of Nonsignificance,the Board determines (i)that the Proposed Action does not pose the potential for any significant adverse 6 environmental impacts; and that no environmental impact statement is required; and (ii) directs its Secretary to file the annexed Determination of Nonsignificance. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call,which resulted as follows: Yes: C. Alan Mason, Edmund Papazian, George Roniger,John Ortiz, Marc Rosenbaum, Chairman,Virginia Picciotto. The Resolution was thereupon adopted. Mr. Rosenbaum gave the Secretary permission to sign the document on his behalf. NEW BUSINESS Mr. Odierna updated the Planning Board on a number of issues involving the following: revaluation, status of the Gardens Lake project, off-street parking, bicycle transportation options and proposed renovations to the VFW and the ice rink. He also advised the board about the status of the so-called Forest City project. Finally, Mr. Odierna requested that minutes of the Planning Board meetings be sent to him sooner. The next Planning Board meeting is scheduled for April 13, 2011. ADJOURNMENT IVu Motion:To Adjourn the meeting at 8:30p.m. Action:Approved Moved by John Ortiz, seconded by Edmund Papazian Minutes prepared by Francine M. Brill Planning Board Secretary 7