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HomeMy WebLinkAbout2003_04_09 Planning Board Minutes • R CORRECTED MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK APRIL 9, 2003, IN'ME COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK 11 %4, Present: C. Alan Mason, Acting Chairman Robert A. Cohen �ECE,v�D Edward Z. Jacobson Edmund Papazian F NIL 31 2�43 W Marc H. Rosenbaum 0000 PA tad`aEGK Absent: Marilyn S. Reader, Chairwoman µax' May W. Aisen C 9 Also Present: Judith M. Gallent, Counsel Ronald A. Carpaneto, Director of Building Antonio V. Capicotto, Consulting Engineer Elizabeth Paul, Environmental Coordinator • Nancy Seligson, Liaison Denise M. Carbone, Public Stenographers Carbone&Associates, Ltd. 111 N. Central Park Avenue Hartsdale, New York 10530 Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Acting Chairman, C. Alan Mason, at 8:15 p.m. APPROVAL OF MINUTES Dr. Mason said the first item on the agenda is the approval of Minutes. Ms. Roma advised Dr. Mason that the open board minutes were sent to May Aisen for review. After review and correction, they will then be sent to the Board for their review. On a motion made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. THE PUBLIC STENOGRAPHER WAS PRESENT FOR THIS MEETING AND HER TRANSCRIPT WILL BECOME A PERMANENT PART OF THIS RECORD. Dr. Mason read the first item as follows: PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT (Pond Dredging) - Winged Foot Holding Corp. - 851 Fenimore Road - Block 347, Lot 1 (adjourned 10/9/02; 11/13/02; 12/11/02; 1/08/03;2/19/03;3/12/03) Ms. Gallent said that case has been withdrawn, not adjourned. There's a letter stating that. Planning Board April 9,2003 Page 2 Dr.Mason read the next item as follows: PUBLIC HEARING-SPECIAL PERMIT/Augie's Restaurant-2417 Boston Post Road-Block 505, Lot 446(adjourned 3/12/03) Mr. Carpaneto said we also got a fax this afternoon. They still have to comply with the Building Department's request for the illegal apartment upstairs. They got the fellow in court now. Dr.Mason said we will simply adjourn it and put it over to the next meeting. Dr.Mason read the next item as follows: CONSIDERATION - EXTENSION - FRESHWATER WETLANDS AND WATER COURSES PERMIT/S1'1'L PLAN APPROVAL—Bonnie Briar Country Club—808 Weaver Street-Block 225 Lot 1 and Block 201 Lot 19(granted 3/13/02) Dr.Mason asked,this is the 14'"tee? Mr.Zom said yes,it is the 14'"tee. Dr.Mason asked Mr.Zorn what's your story. Todd Zom said basically in March of last year,the Planning Board approved the 14'"to 4'"in the staging area improvements. We are in the middle of doing the 4'"tee and the staging area. Unfortunately,we have at this time,not been able to get to the 14'"tee,so we're looking for an extension. Dr.Mason asked counsel,do we go back to square one on this or is it possible.... Ms.Gallent said the only thing that has to be done if you conclude that conditions remain the same,because there hasn't been a significant change in conditions that would cause you,if you wanted to grant it,or a specific conditions on the approval. We can go ahead and grant the extension. Under SEQRA,it's.a Type II. • Dr.Mason said,then we can grant the extension. After further discussion,Mr.Papazian said I thought when they get a permit normally,if it didn't come before the Planning Board, they can renew their permit one time. Is that the normal procedure? Mr.Carpaneto said that is the statute of the building permit. I believe it's not the case with Freshwater Wetlands and Site Plan. Mr.Papazian said we handle it a different way. Ms.Gallent said because one is a ministerial problem and one is a discretionary one. Since the Planning Board grants the permit,the Planning Board inaudible. Mr.Rosenbaum asked,do you have any idea in how long the extension might be needed. Mr.Zom said time wise,we would probably start in the fall to do it. We're not going to do it in the spring and interrupt the golf season,at this point. Mr.Cohen said start in the fall and finish it Planning Board Apri19,2003 Page 3 Mr.Zom said hopefully before the winter or during the winter. Dr.Mason said I will entertain a motion to interrupted. Mr.Papazian said one additional question. Are there any violations on the previous work that they've done? Mr.Carpaneto said no. On a motion made by Mr.Jacobson,seconded by Mr. Cohen and unanimously approved, the following motion was made: EXTENSION OF sub PLAN APPROVAL AND FRESHWATER WETLANDS AND WATER COURSES PERMIT/Bonnie Briar Country Club/Todd Zorn WHEREAS,the Planning Board,by certifications dated April 4,2002,granted Site Plan Approval and a Freshwater Wetlands and Water Courses Permit(the Approvals")to the Bonnie Briar Country Club in connection with certain modifications to Tee Number 4 on the Bonnie Briar Golf Course;and WHEREAS, a year has elapsed since the Approvals and Bonnie Briar has not completed the work pursuant to the Approvals due to competing projects;and WHEREAS,Todd Zorn has submitted a request on behalf of Bonnie Briar County Club for a one year extension of time to complete such work;and WHEREAS, the Board finds that conditions in the area have not changed since the granting of the Approvals;and WHEREAS,the Board finds that a public hearing should be waived due to the de minimis nature of the request; NOW,THEREFORE,BE IT RESOLVED THAT,the Approvals are hereby extended to that each shall expire upon completion of the work outlined in the Approvals or one year from the date of this certification,whichever first occurs. Mr.Papazian said one addtional comment,this is for a year? Mr.Carpaneto said that's the standard on the Freshwater Wetlands,one year. On a motion made and seconded,it was unanimously RESOLVED,that the Public Hearing be,and hereby is,declared closed. Dr.Mason read the next item on the agenda: CONSIDERATION-SPECIAL PERMIT/Eat Rice Chinese Restaurant-2423 Boston Post Road-Block 505,Lot 463 George Poline appeared along with the applicant and said his English is not that great. { Dr.Mason asked,do you wish to speak for the applicant,to which Mr.Poline said year. Planning Board April 9,2003 Page 4 Dr.Mason asked the gentleman to state your name,your relationship to the applicant and tell us what you have in mind. The gentlemen said I'm George Poline,the owner of the building. The applicant is hoping to operate a take- out restaurant. Mr.Cohen said he's opening the restaurant. He's not the existing operator now? Mr.Poline said no;it's empty now. Mr.Rosenbaum said my understanding from the application is that all the equipment that's already there, because it had been a Tai/Japanese Restaurant,will remain there. Mr.Poline said that's correct. Mr.Rosenbaum asked,any other seating changes that we should be aware of. Mr.Poline said no;basically everything remains the same and stays the same. Mr.Cohen asked,how long has this space been vacant? Mr.Poline said I've been trying to sell the building,almost two years. I'm getting tired of being a landlord. Dr.Mason asked Mr.Poline to tell him exactly which building he's talking about. Mr.Poline said right next door to Augie's on the Boston Post Road. Dr.Mason said that's almost in New Rochelle, Mr.Poline said you have about a block,another block or two,before you hit the New Rochelle line. Mr.Cohen asked,it's in the apartment building? Mr.Poline said there are two apartments above. Mr.Cohen said so it's a two-story building,with which Mr.Poline agreed. Dr.Mason asked,what was the restaurant that was there before? Mr.Poline reiterated Tai/Japanese Restaurant. Dr.Mason asked,what was the name of it,do you know? Mr.Poline said the name was Two Kitchens. Dr.Mason said this has to be put down for a Public Hearing,which will be setup for next month. There are certain questions that are going to come up,traffic,the usual experience. Be prepared to address those. There will be you speaking for it,maybe somebody else speaking for it. There may be someone speaking against it. You've been through this before,but your tenant hasn't. { Mr.Poline said that's why I'm here. Dr.Mason said be sure that he understands that he's going to have to answer some questions. Planning Board April 9,2003 Page 5 Dr.Mason asked Mr.Carpaneto if there are any other issues that he thinks could be useful. Mr.Carpaneto said no;Mr.Poline is pretty much familiar with it. Dr.Mason asked,what were the hours of the old restaurant? Mr.Poline said I think the hours were until 10:00 p.m. Mr.Carpaneto said I don't have the certification in the file. He asked Mr.Poline,is he going to keep the same hours? Mr.Poline said yes,I'm pretty sure,10:00 p.m. Mr.Cohen said is that seven nights,six nights? After some discussion,Mr.Poline said 7 days,7 nights a week Mr.Jacobson asked,do we know that the equipment and the prior compression system and things like that are up to code? Mr.Carpaneto said we will do that upon the building permit Mr.Rosenbaum asked,has that application been tendered yet? Mr.Carpaneto said no. Also,the Health Department will get involved with it. Mr.Poline said the Health Department is very thorough. Mr.Rosenbaum said this way we don't run into any problems,as Augie's restaurant bad;the apartments that are above are illegal apartments. Mr.Cohen said why don't we give him the date that he has to come back....inaudible. After some discussion,the next meeting date was scheduled for May 14,2003 Dr.Mason asked Mr.Police to be sure the paperwork is in before that. Ms.Gallent said there is one other matter that is not listed on the agenda. The Planning Board has asked we do a referral to the Town Board regarding the proposed legislation with the respect to alternate members of both the Board of Appeals and the Planning Board. If you want,you can send a report to the Town Board making any comments that you may have. Dr.Mason said the purpose of the alternate is to fill in if you have a quorum problem. Ms.Gallent said under the State law,the way the State Law is written,alternates should only be used if it presents is a conflict of interest. It is a limited purpose alternate and the Town wants to extend that so that it expands the purpose of the alternate so that an alternate can serve in the event of that. Mr.Rosenbaum said it's an excellent idea. I was surprised to find out it wasn't. { - Mr.Jacobson asked,is that true of other town boards? • Planning Board April 9,2003 Page 6 Ms. Gallent said yes. That's a matter of State Law with respect to Zoning Board and Planning Board members. ARB is not regulated in the same law. The Town probably has it's own local law. The Zoning and Planning Boards are regulated by State Law. Dr.Mason asked,does anybody here have negative reaction? No one answered. Dr.Mason said we're unanimously inaudible Mr.Rosenbaum said we have one alternate now. NEXT MEETING The next meeting of this Board will he held on May 28,2003. ADJOURNMENT Dr.Mason adjourned the meeting at 8:28 p.m. rgg�Marguerite Rana,Recording Secretary 'L