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HomeMy WebLinkAbout1997_08_20 Planning Board Minutes AMENDED MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK AUGUST 20, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman May W. Aisen Linda S. Harrington C. Alan Mason Stephen Andrew Moser Edmund Papazian Also Present: Philip A. Leger, Consulting Engineer Marguerite Roma, Recording Secretary Absent: Richard H. Darsky Judith M. Gallent, Esq. CALL TO ORDER The meeting was called to order by Chairwoman, Marilyn Reader at 8:15 p.m. APPROVAL OF MINUTES Ms. Reader discussed the open Minutes needing approval; i.e. April 9, 1997, June 10, 1997 and June 11, 1997,and the quorum needed for each. Ms. Reader then said that the appropriate quorum was present for the approval of the June 11, 1997 meeting and asked if there were any amendments. There being none, on a motion made by Mr. Papazian, seconded by Dr. Mason, the Minutes of June 11, 1997 were approved. The Chairwoman Reader read the application as follows: CONSIDERATION - SPECIAL USE PERMIT - A.P. Automotive, Inc. - 2430 Boston Post Road - Block 503 Lot 421 Donald S. Mazin, Esq., of 1415 Boston Post Road, the attorney for the applicant appeared. Mr. Mazin said the Board had recently approved Mr. Tedesco's Auto Body Shop at grade level in the rear of 2430 Boston Post Road. This application is for the upper floor tenant at 2430 Boston Post Road, which is located by the car wash. The applicant is taking over the same space and performing the same work as the prior repair shop, Jack's Miracle Auto Repair, Inc. Prior to Jack's Miracle Auto Repair, Inc. there were two other repair shops, and the building has previously been used for automotive purposes. Ms. Reader asked Mr. Mazin who are the principals. Mr. Mazin said there are two principals, Patsy Fuschetto and Anthony Sama, who were both present. Ms. Reader asked if the applicants had read the general conditions and special conditions imposed on the prior special use permit granted to Jack's Miracle Auto Repair, Inc. Mr. Mazin said the applicants had not read the general conditions and special conditions imposed on the prior special use permit granted to Jack's Miracle Auto Repair, Inc. Mr. Mazin was given a copy of the resolution and reviewed same with the applicants. After review, Mr. Mazin said the applicants have one amendment; i.e. hours of operation, rather than 8:00 a.m. to 7:00 p.m. from 7:00 a.m. to 8:00 p.m. and would like to remain on the premises an hour later in the evening to prepare paperwork. Planning Board August 20, 1997 Page 2 Ms. Reader said the Board will need clarification from counsel and/or the building department regarding the hours of operation, at which time a discussion ensued regarding same. Ms. Reader informed the secretary to ask Ms. Gallent and the Building Department if there is an ordinance that limits starting hours before 8:00 a.m. and after 7:00 p.m. Dr. Mason asked Mr. Mazin if condition#9 was discussed with the applicants; i.e. the front vehicle entry doors shall be kept closed while work is in progress... Mr. Mazin said the applicants are aware of condition#9. Ms. Reader said in the previous special permit there are three (3) general findings and eleven (11) special conditions and asked if the applicant, except for the request in the change of time of operation from 7:00 a.m. to 8:00 p.m. rather than the 8:00 a.m. to 7:00 p.m., accepts these conditions. Ms. Reader also pointed out the types of repair work that can be performed as stated in condition#1. A discussion ensued regarding the types of work permitted. The principals for the applicant indicated they accept the conditions of the prior special use permit. Ms. Reader asked if the business is currently in operation. Mr. Mazin said the business was a currently running business which the applicant is assuming, as Jack's Miracle moved down the block. Ms. Reader asked if there were any other questions from the Board. Ms. Reader said the matter is on for consideration this evening. Because this is a business that is taking over the exact same activities of a prior business which had a special use permit and the applicants are agreeing to be bound by the same prior special conditions, this is a Type II action under SEQRA requiring no further action. However, because the business is on the Boston Post Road, the matter must be referred to the Westchester County Planning Department for review and comments. Due to the fact that the next Planning Board meeting is on September 10, 1997 if comments are not received from the Westchester County Planning Board by that time, the matter will have to be adjourned to the next meeting. Ms. Reader asked Mr. Mazin if signs were installed. Mr. Mazin said a sign cannot be installed because of the signage issue with the other tenant of the premises; i.e. Tedesco. There is a sign facing the car wash but is a street involved, and there is a question of whether the street will permit the sign or not. This will go before the Zoning Board and must be resolved. Mr. Reader said that may hold true for these applicants as well and asked if the applicant's signs will be connected to the Tedesco sign. Mr. Mazin said there are several signs at that location. The sign in the front the applicants will be sharing, the boxes will remain. The question is whether the other sign can be used or not. If it can be used, it will be shared also. Mr. Mazin said the applicant will be going before the Board of Architectural Review in connection with the signage; i.e. for Tedesco and A.P. Automotive, Inc. Ms. Reader said a referral should be made to the BAR for A.P. Automotive, Inc. for signage. Mr. Mazin said the applicant will do whatever is required regarding signage. After some discussion, Ms. Reader said the matter is adjourned for Public Hearing on September 10, 1997. Mr. Mazin will contact the secretary regarding the notice for public hearing which the applicant must mail. Planning Board August 20, 1997 Page 3 Ms. Reader said since there is no material difference in the operation of this business, it is a Type II action under SEQRA. The only thing that might delay the hearing would be not receiving comments from the Westchester County Planning Board. Mr. Mazin was given a copy of the previous certification. APPROVAL OF MINUTES Ms. Reader said there is currently a quorum present with respect to the June 10, 1997 Special Planning Board meeting and asked if there were any comments regarding Minutes of that meeting. There being none, on a motion made by Dr. Mason, seconded by Mr. Moser, the June 10, 1997 Minutes were approved. OTHER BUSINESS Ms. Reader said she is very lisappointed because she received notification that because of professional and personal obligations Mr. Moser is submitting his resignation effective September 1, 1997. Ms. Reader thanked Mr. Moser for his significant contribution to the Board since becoming a member, is very sorry to see him leave and always found his contributions with his architectural background to be completely different than any others on some of the applications. Mr. Moser's participation will be sorely missed. Ms. Reader said the Board sadly says goodbye. The Board concurred with Ms. Reader's comments. Mr. Moser thanked the Board. Ms. Reader asked if there was any other business. There being none, Ms. Reader thanked the Board for their attendance this evening as rescheduling the meeting was not possible, because Mr. Mazin said it is a new business and felt it was important to be heard. NEXT MEETING The next meeting of this Board will be held on September 10, 1997. ADJOURNMENT On a motion made by Ms. Harrington, seconded by Ms. Aisen, the meeting was unanimously adjourned at 8:35 p.m. Marguerite oma, Recording Secretary