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HomeMy WebLinkAbout2003_11_12 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 12, 2003 IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader Chairwoman Edward Jacobson ! E1aurn W. Ais (�; C E V V E C. Alan Mason JAN 1 1 2007 Also Present: Judith M. Gallent, Counsel PATRICIA A. DICIOCCIO Ronald A. Carpaneto, Director of Building MAMARONECK TOWN CLERIC Antonio V. Capicotto, Consulting Engineer 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 On motion made by Mr. Cohen, seconded by Dr. Mason the minutes of August 13, 2003 were unanimously approved. On motion made by Mr. Cohen, seconded by Dr. Mason the minutes of October 8, 2003 were unanimously approved. PUBLIC HEARING _ SPECIAL PERMIT RENEWAL/ Village Square Bagels/John Mercaldi - 1262 Boston Post Road- Block 4 07, Lot 192 Donald S. Mason (applicant's attorney) of 1415 Boston Post Road, Larchmont appeared and addressed the Board. Mr. Mason read the Draft Resolution and requested that the wording indicate that his client is not admitting that its organics are the cause of the sewer problem, but that it has been and is still willing to cooperate with the town in the attempt to reduce the alleged sewer problem. 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 Edward Jacobson Yes May W. Aisen Yes Robert A. Cohen Yes Marc H. Rosenbaum Yes C. Alan Mason Yes On motion of Ms. Aisen, seconded by Mr. Rosenbaum the Negative Declaration was unanimously ADOPTED On motion of Mr. Jacobson, seconded by Ms. Aisen the Special Use Permit was unanimously ADOPTED RENEWAL/SPECIAL USE PERMIT-VILLAGE SQUARE BAGELS WHEREAS, Village Square Bagels/John Mercaldi submitted an application for the renewal of the 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 a restaurant for the sale, service and consumption of food; and WHEREAS, a Public Hearing having been held on July 9, 2003, August 13, 2003, September 10, 2003, October 8, 2003 and November 12, 2003 pursuant to notice; and WHEREAS, the Planning Board having considered the application for renewal of 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 been advised by the Director of Building that seeds that are discharged by Village Square Bagel's operations into the Town of Mamaroneck's sewer lines are contributing to the clogging of such sewer lines; and WHEREAS, Village Square Bagels has expressed its willingness to cooperate with the Town to remedy this problem, but has neither admitted nor denied that its operations are contributing to the clogging of such sewer lines; and WHEREAS, Village Square Bagels has installed a filtering device designed by the Director of Building to collect such seeds, to the extent practicable, in order to reduce the quantity of such seeds that are discharged into Town sewer lines, and WHEREAS, the Director of Building has inspected said filter and has indicated that it appears to have reduced the amount of seeds that are discharged try Village Square Bagel's operations into the Town's sewer lines; and 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 '1'HEREFORE,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 fmdings of fact as follows: 1. The proposed use as limited by the conditions set forth herein as in general harmony with the surrounding area and shall not adversely impact upon thee 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 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 adverselt impact upon surrounding properties or surrounding property values. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Village Square Bagels for the renewal of the Special Use Permit for a restaurant for sale, service and consumption of food subject to the following terms and conditions: 1. The restaurant's hours shall be from 6:00 a.m. to 9:00p.m. seven(7) days a week. 2. Seating capacity will be limited to nineteen(19) seats. 3. Village Square Bagels shall continue to utilize the filtering device currently in place to reduce,to the extent practicable,the discharge of seeds and other by-products of its operations into the Town's sewer lines 4. Village Square Bagels shall cooperate with the Director of Buildings to modify such filtering device to the.extent practicable to maintain and/or improve its effectiveness or, if appropriate in the sole judgment of the Director of Building,to remove such device subject to applicable Federal,State and Local regulations. 5. Traffic ingress and egress and traffic patterns on the site shall be as shown on the amended plans dated May 18,1997,approved November 12,1996. 6. This permit shall expire after two(2)years. 7. 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 240-30(B)of the Zoning Code of the Town of Mamaroneck. PUBLIC HEARING—/Melron Amusement Corp. 1265 Boston Post Road Benedict Salanitro appeared and addressed the Board Mr. Salinitro stated that the Zoning Board of Appeals granted two variances for the site. The first variance was to allow parking in front of the proposed building where 75 feet was required;the second was to approve 57 parking spaces where 59 spaces were required. Mr. Galante of Frederick and Clark Associates appeared and addressed the Board. Mr. Galante explained the Traffic Analysis dated October 2003. The landscaping for the buffer zone was discussed. Arborvitaes and Honey Locusts were suggested because they are hardy grow to maturity quickly and do well in an urban setting. Ms.McWilliams of 21 Rock Ridge Road stated that in the new plans being proposed there is no buffer between her property and the proposed plan. Ms. Kirchoff of 25 Rock Ridge Road stated that she was happy about the granting of the 10 foot evergreen screening along the entire length of the property. Ms.Wachs appeared and addressed the Board asking that the storm water rules that the Town recently submitted be followed,and that low impact development practices be used. Mr.Glazer of 19 Rock Ridge Road asked if evergreen trees could be planted higher up on the rock ledge behind his property. Dan McWilliams of 21 Rock Ridge Road,questioned whether the Bank and Drugstore did a traffic study. Carmen Hadger of 23 Rock Ridge Road wanted to make sure the buffer would be continuous and on the proposed site not on her property. Mr.Neill the landscape architect explained that there is no way to plant a screening high up on the rock ledge that would adequately screen the new buildings. Large trees do not transplant well and immature trees would take a number of years to be established. Liz Paul,Environmental Coordinator stated that she spoke with the Traffic Commissioner who state that they would be meeting December 1,2003 After some discussion the Board adjourned the matter to The December 10,2003 meeting. PUBLIC HEARING Preliminary Subdivision Approval Varela LLC,24 Lester Place Block 130,Lot 62. 4 I Mr.Gametsky,(civil engineer of GEA Engineering)appeared and addressed the Board Ms.Gallent stated that the this matter was noted as a Public Hearing prematurely that the Board did not receive enough information t make a determination of significance under SEQRA and the subdivision law,therefore this is not a Public hearing. Mr.Gamelsky acknowledged that this is not a Public Hearing. Mr.Gamelsky explained that they are requesting five additional lots with a private road joining at Lester Place widening the driveway of the existing house to a 25 foot road with a cul-de-sac at the northern end Mr.Cameros the applicants architect appeared and addressed the Board. Mr.Canteros stated that the size of the proposed houses depends on the site and the Zoning requirements. Mr. Macksound of 38 Lester Place appeared and addressed the Board stating that Lester Street is narrow and parking would be lost. Mr.Badone of 22 Lafayette Road appeared and addressed the Board stated that the properties on Lafayette are lower that the Varela property and experience flooding in their basements. He is concerned that with the addition of impervious surface. Mr.Capicotta the Town's Consulting Engineer appeared and addressed the Board. Mr.Capicotta stated that he will need to see erosion plans,drainage calculations,and details of the drainage system,sewer systems details, including details for health department review,which include sewer wate drawings,and notes. Liz Paul stated that CZMC also needed to see the plans by the November 25h meeting. ;; The matter was referred to the City of New Rochelle and the Fire Department, ADJOURNMENT On motion made and seconded the meeting was adjourned,at 10:45 p.m.. Marguerite Roma,Recording Secretary Public Stenographer Records available fb