HomeMy WebLinkAbout2003_05_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
May 14,2003 IN THE COURT ROOM,TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK,NEW YORK
Present: Marilyn S.Reader,Chairwoman
May W.Aisen D 2 (� E 2 ❑fn
Robert A.Cohen LS lCi
C.Alan Mason
Edmund Papazian - J A N -[ 427 )
Marc H.Rosenbaum
Absent: Edward Z.Jacobson PATRICIA A.DICIOCCIO
MAMAR�TOWN CLERK
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.
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 8:16p.m.
The Public Stenographer was present for this Meeting and her transcript will become a permanent part of this
record.
APPROVAL OF MINUTES
The minutes of April 9,2003 were discussed,Marc Rosenbaum stated that he was present and not listed as such.
With the correction the minutes of 4/9/03 on motion of Dr. Mason, seconded by Mr. Cohen the minutes were
approved unanimously 6-0.
On a motion made and seconded by,it was unanimously
RESOLVED,that the Public hearing be,and hereby is,declared open.
Ms.Reader informed those present that item number 4 will be heard first because it can be resolved quickly:
PUBLIC HEARING-SPECIAL PERMIT/Augie's Restaurant- 2417 Boston Post Road- Block 505,Lot 446,
A letter asking for an adjournment was entered into the record as they are in the middle of a legal process. Part
of the regulation is that they not be in town violation and the issue must be resolved before the permit can be
issued.
After some discussion regarding meeting dated,on a motion and seconded,it was unanimously.
RESOLVED,that the Public Hearing be,and hereby is,adjourned.
Ms Reader read the next application as follows:
EAT RICE CHI ESE RESTAURANT 2423 Boston Post Road
Mr.Baoguan Lin appeared and addressed the Board. Mr.Poline the landlord also appeared.
There was some discussion about the hours requested eleven to eleven. Mr.Carpaneto stated that they need to
go to the BAR tomorrow for signage.
Mr.Michael DeFeo from the house next door stated that when the previous restaurant was there his tenants bad
complaints of the noise of then exhaust fan,and that there was occasionally garbage in the common driveway.
After some discussion it was decided that the exhaust fan should be serviced and checked by the building dept.,
and that if the garbage is excessive a third pick up shall be arranged by the restaurant owner with a private carter,
and that theses two conditions shall be part of the permit.
Ms.Gallent,Counsel stated that the this was referred to the Westchester County Planning Board and there was no
response.
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
May W.Aisen Yes
Robert A.Cohen Yes
C.Alan Mason Yes
Edmund Papazian Yes
Marc H.Rosenbaum Yes
On Motion made by Ms.Reader,seconded by Mr.Cohen and unanimously approved,the Negative Declaration as
amended.
WHEREAS, Bao Guan Lin/George Poline/Eat Rice Chinese Restaurant submitted an application for a Special
Permit for use of the premises located at 2423 Boston Post Road and known on the Tax Assessment Map of The
Town of Mamaroneck as Block 505,Lot 463as a take out restaurant:and
WHEREAS,a Public Hearing having been held on May 14,2003 pursuant to notice;and
WHEREAS,the Planning Board having considered the application for a Special 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 berm 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 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
Permit;
3. The proposed Special Permit use will be in harmony with the general health,safety and
welfare of the surrounding area by nature of its particular location. It will not
adversely impact upon surrounding properties or surrounding values.
BE IT FURTHER RESOLVED,that this Board approves the application of Bao Guan Lin/George Poline/Eat
Rice Chinese Restaurant for a Special Permit for a take-out restaurant subject to the following terms and
conditions:
1. The hours of operation of the store shall be 11:03a.m.to 11:00 p.m.daily.
2. The restaurant operator shall arrange for private commercial pickup of garbage in addition
to the two regularly schedule pickups provided by the Town of Mamaroneck,if in the event
that the Building Department determines that such additional garbage collection is
necessary.
3. The exhaust fan shall be be serviced and maintained in the proper working order,so that
noise and odors are within all regulatory limits and so as not to create a nuisance of any
kind.
4. This Special Permit is subject to the termination requirements set forth in 89-53 of the
Zoning Code of the Town of Mamaroneck.
On motion made and secottded,it was unanimously
RESOLVED,that the Public Hearing be,and hereby is declared closed.
NEXT MEETING
The next meeting of this Board will be held on June 11,2003.
ADJOURNMENT
On motion made and seconded,the meeting was unanimously adjoumed at 8:50 p.m.
Marguerite Roma,Recording Secretary
Public Stenographer Records available
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CERTIFICATION
As Chairperson 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 May 14,2003.
SPECIAL PERMIT-EAT RICE CHINESE RESTARUANT
WHEREAS, Bao Guan Lin/George Poline/Eat Rice Chinese Restaurant, submitted an application for a Special
Permit for use of the premises at 2423 Boston Post Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 505 Lot 463 as a take-out restaurant;and
RESOLVED,that this is a Type ll action having no significant impact on the environment pursuant to 6NYCRR
§617 et seq. Accordingly,no further action under SEQRA is required.
WHEREAS,a Public Hearing having been held on May 14,2003 pursuant to notice;and
WHEREAS,the Planning Board having considered the application for a Special 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,THERE FORE,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 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 Permit;
3. The proposed Special 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 Ban Guan Lin/George Poline/Eat Rice
Chinese Restaurant for a Special Permit for a take-out restaurant subject to the following terms and conditions:
, .„ 1. The hours of operation of the store shall be 11:00 a.m.to 11:00 p.m.daily.,+
``' ,• The restaurant operator shall arrange for private commercial pickup of garbage in addition to the
•
ECEIVE9 two regularly scheduled pickups provided by the Town of Mamaroneck,if in the event that the
Building Department determines that such additional garbage collection is necessary.
MAY 20 2003
11aAten prrptrap 3. - The exhaust fan shall be serviced and maintained in the proper working order,so that noise and
n odors are within all regulatory limits and so as not to create a nuisance of anykind.
�►;, 15 edt +►
�` This Special Permit is subject to the termination requirements set forth in 89-53 of the Zoning Code
of the Town of Mamaroneck.
arilyn S.R err,Chairperson
Sworn to before me this
old of 41 ay- ,2003.
ou3tt /2
MMOUERITE ROMA
Notary Public,State of New York
No.4927217
Qualified In Westchester County
Commission Expires April 25,200