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HomeMy WebLinkAbout2003_08_13 Planning Board Minutes e- MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK August 13,2003 IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK,NEW YORK Present: Marilyn S. Reader Chairwoman Robert A. Cohen —)19EB Marc H. Rosenbaum ® l� r C. Alan Mason V Edmund Papazian Absent: May W. Aisen L JAN - 4 2607 Edward Jacobson PATRICIA A. DiCIOCCIO Also Present: Judith M. Gallent, Counsel _ MAMARONECK TOWN CLERK Ashley Miller, Counsel Intern 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. 11 N. Central Park Avenue Hartsdale, New York 10530 Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairwoman Marilyn Reader at 8:15 p.m. The Public Stenographer was present for this Meeting and her transcript will become a permanent part of this record. APPROVAL OF MINUTES There were no outstanding Minutes to review at this time. PUBLIC HEARING-SPECIAL PERMIT/Augie's Restaurant- 2417 Boston Post Road- Block 505, Lot 446, (adjourned 3/12/03;4/9/03,5/14/03,6/11/03,7/9/03) Elliot Pollack appeared and addressed the Board. Mr. Pollack stated that after all these months they have removed the tenant from the second floor which was holding up the matter. Mr. Carpaneto the Building Inspector stated the violation has been removed, the tenant is gone and the violation no longer exist The painting issue is before the BAR and does not effect the Special Permit On Motion made by Dr. Mason , seconded by Mr. Rosenbaum , it was unanimously RESOLVED,that the Public hearing is declared closed. The Board discussed this application,and its findings revealed that there were little or no adverse impacts on the neighborhood or community and therefore voted as follows: Poll Board Board Member Yes/No/Abstained Marilyn S.Reader Chairwoman Yes Robert A.Cohen Yes Marc H.Rosenbaum Yes C.Alan Mason Yes Edmund Papazian Yes After some discussion,on motion made by Dr.Mason,seconded by Mr.Rosenbaum the following resolution was unanimously ADOPTED WHEREAS, Augie's Restrauant submitted an application for a Special Use Permit for use of the premises at 2417 Boston Post Road and known on the Tax Assessment Map of the Block 505,Lot 446 to continue use as a restaurant and pub;and WHEREAS,a Public Hearing having been held on August 13,2003 pursuant to notice;and WHEREAS,the Planning Board having considered the application for a Special Use Permit,the plans and zoning report 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. 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 operation in connection with the Special Use Permit 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 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. 4. There are no zoning code violations on the property. BE IT FURTHER,RESOLVED,that this Board approves the application of Augie's Restaurant for a Special Use Permit to continue use as a restaurant and pub; and subject to the following terms and conditions: 1. The restaurant shall be permitted to operate from 3:00pm to 1:00am seven days a week. 2. The restaurant operation shall comply with New York State alcohol beverage laws. 3. Signs installed shall conform with the Town of Mamaroneck sign law. 4. Entrance to the parking lot shall be at the curb cut closest to the building;exit from the parking lot shall be only at the curb cut farthest from the building. Arrows shall be painted in the parking lot to indicate said ingress and egress. 5. This Special Permit is subject to termination requirements in Section 240-60 of the Zoning Code of the Town of Mamaroneck. c). PUBLIC HEARING _ SPECIAL PERMIT RENEWAL/ Village Square Bagels/John Mercaldi-1262 Bo ston Post Road-Block 40 7,Lot 192 Donald S.Mason(applicant's attorney)of 1415 Boston Post Road,Larchmont appeared and addressed the Board. John Mercaldi appeared and addressed the Board. Mr.Carpaneto stated that the other shcp owners are trying to correct their problems. Ms.Gallent stated that the Town of Mamaroneck Sewer code clearly states that discharge of any liquids,solids or gases which by reason of their nature or quantity are a special condition either alone or by interaction with other substances to cause fire,explosion,or be injurious in any other way to the town sanitary sewer,storm sewer,or storm drain is prohibited It is a violation of sewer code therefore a threat to public health which makes it an issue under special permit. Mr.Mercaldi stated that the strainer was installed but that it was not something he believes works for him. Mr.Mason stated that he believes that the cause of the problem is the grease in the line and if that were removed the seeds would not clog the sewer. After some discussion,Ms.Reader adjourned this matter to August 13,2003 Planning Board meeting. Ms.Gallent was asked to draft the language for a resolution if adopted. After some discussion it was decided to adjourn the matter so that Mr. Carpaneto could inspect the strainer system. The matter was adjourned to September 10,2003. PUBLIC HEARING- SPECIAL PERMIT/Kevin O'Shea,26 Valley Place,Block 131,Lot 45 Benedict Salanitro appeared and addressed the Board Mr.Salinitro stated that they have gone before the Coastal Zone Management Commission,and the twice to the Board of Architectural Review at which time they received a consensual approval on the plan. The Planning Board never received anything from the BAR only the CZMC. Mr. Salinitro stated that because of the BAR requirements the special use permit is for modification to the building as well as the use. After some discussion the Board on Motion made by Mr. Rosenbaum , seconded by Dr. Mason , voted unanimously to adopt a negative declaration. The Board discussed this application,and its fmdings revealed that there were little or no adverse impacts on the neighborhood or community and therefore voted as follows: Poll Board Board Member Yes/No/Abstained Marilyn S.Reader Chairwoman Yes Robert A.Cohen Yes Marc H.Rosenbaum Yes C.Alan Mason Yes Edmund Papazian Yes On motion of Mr.Rosenbaum,seconded by Mr.Papazian,it was unanimously ADOPTED WHEREAS,Kevin O'Shea submitted an application for a Special Use Permit for use of the premises at 26 Valley Place and known on the Tax Assessment Map of the Town Of Mamaroneck as Block 131,Lot 45;and WHEREAS,a Public Hearing having been held on August 13,2003 pursuant to notice;and WHEREAS,the Planning Board having considered the application for a Special Use Permit,the plans and zoning report 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; WHEREAS,this application is an unlisted action pursuant to SEQRA;and WHEREAS,The EAF reveals that the action as proposed will not result in any significant adverse environmental impact. NOW THEREFORE,BE IT RESOLVED,that the Board adopts a Negative Declaration,a copy of which is 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 operation in connection with the Special Use Permit 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 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 Kevin O'Shea for a Special Use Permit for use a s a warehouse,office and retail space subject to the following terms and conditbns: 1. The hours of operation shall be 7:00am to 7:00 pm,Monday through Saturday. 2. This permit shall expire two(2)years from the date hereof. 3. This Special Use Permit is subject to the termination requirements set forth in Section 240- 64 and 240-65 and the use restrictions set forth in Section 240-31 of the Zoning Code of the Town of Mamaroneck. ADJOURNMENT On motion made and seconded the meeting was adjoumed. Marguerite Roma,Recording Secretary Public Stenographer Records available fb