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HomeMy WebLinkAbout1997_09_10 Planning Board Minutes AMENDED MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 10, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman May W. Aisen Richard H. Darsky Linda S. Harrington C. Alan Mason Edmund Papazian 10 Also Present: Judith M. Gallent, Counsel C� Antonio V. Capicotto, Consulting Engineer RECEIVED 14 _ Susan Sturino, Public Stenographer OCT 14 1997 Terranova, Kazazes & Associates, Ltd. PAT ICfATOW a.N CLLERERKCC10 TOW A. 40 Eighth Street MtMN NECK New Rochelle, New York 10801 lTl Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairwoman, Marilyn Reader at 8:20 p.m. Ms. Reader said she has been asked to take case#5, CONSIDERATION FOR RENEWAL OF SPECIAL PERMIT FOR SOLAC REALTY CORP., first on the agenda as the applicant is out of town and the individual representing Solac is the applicant's mother, Dorothy Hacker, who recently had significant surgery and it is her first evening out. If there are no objections from the other applicants on the agenda, Ms. Reader will accommodate the request. There being no objection Ms. Reader read the application as follows: CONSIDERATION - SPECIAL PERMIT - SOLAC REALTY CORP. - 2517 Boston Post Road - Block 504 Lot 101 Ms. Hacker said the matter is for a renewal of a Special Permit granted August 9, 1995, a copy of which the Board reviewed. Ms. Reader asked if the applicant is asking for any changes. Ms. Hacker said no changes requested. Ms. Reader asked if there were any questions or requests from the Board for the next meeting, which will be a Public Hearing. Ms. Gallent asked if the conditions that are in the earlier resolution are satisfactory. Ms. Hacker said the conditions that are in the earlier resolution are satisfactory. Ms. Reader asked what type of business is conducted at the premises. Ms. Hacker said a gasoline service station. Ms. Reader asked if the Board had any other requests for information. Planning Board September 10, 1997 Page 2 Dr. Mason asked if the applicant will still have retail sales as previously stated. Ms. Hacker said there'arelimited retail sales. Ms. Reader said the action is on the Boston Post Road and must be referred to the Westchester County Planning Board. This is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On a motion made by Dr. Mason, seconded by Ms. Aisen, it was unanimously RESOLVED, that the application be,and hereby is,adjourned for a Public Hearing to the October 8, 1997 meeting. Ms. Hacker was informed to contact the secretary for a copy of the Public Hearing notice, as the applicant handles the notification of neighbors and returns a copy of those notified to the secretary with an affidavit for the file. APPROVAL OF MINUTES Ms. Reader asked if the Board members had reviewed the draft Minutes of the April 9, 1997 meeting, as those present at that meeting are present this evening, and if there were any amendments. There being none, on a motion made by Mr. Dusky, seconded by Dr. Mason, the Minutes for April 9, 1997 were approved, 4-0. Ms. Reader asked if the Board members had reviewed the draft Minutes of the August 20, 1997 meeting, and if there were any amendments. Ms. Aisen said on page 1 under-Consideration-Special Use Permit- A.P. Automotive,Inc., Tedesco's Auto Body Shop is not in the basement but on the ground floor. After some discussion, the Minutes were amended to read at grade level in the rear. On a motion made by Ms. Aisen, seconded by Dr. Mason, the amended Minutes for August 20, 1997 were unanimously approved, 5-0. Chairwoman Reader read the application as follows: PUBLIC HEARING -SPECIAL USE PERMIT - A.P. Automotive,Inc. -2430 Boston Post Road- Block 503 Lot 421 On a motion made Dr. Mason, seconded by Ms. Aisen, 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. Donald S. Mazin, Esq. of 1415 Boston Post Road appeared for the applicant, A.P. Automotive,Inc. At the last meeting, Mr. Mazin advised the Board that the premises has been used as an automobile business and industry for over forty years. The applicant is taking over the premises formerly occupied by Jack's Miracle Auto Repair. The Board granted Tedesco Auto Body a Special Permit for an auto body shop which is below the existing tenant. Mr. Mazin previously indicated to the Board his clients were prepared to accept all the conditions that were imposed upon Jack's Miracle Auto Repair. The hours of operation were discussed and the Board was to determine whether or not the applicant's starting hours could be 7:00 a.m. rather than 8:00 a.m., pending counsel's opinion. Mr. Mazin said his clients are present to answer any questions the Board may have. Planning Board September 10, 1997 Page 3 Ms. Reader informed the Board that a memo was received from the Building Department stating Ms. Gallent has indicated she is not aware of any Ordinance limiting the hours of operation, Mr. Jakubowski indicates there is not an Ordinance restricting the hours of operation, but there is an Ordinance regarding noise during the hours of operation. Ms. Gallent said Section 141 of the Town Code addresses noise. Mr. Mazin said the applicant had asked for the hours of operation to be from 7:00 a.m. to 9:00 p.m., to allow the applicant time to handle book work. Ms.Reader said the original hours were 8:00 a.m. to 7:00 p.m. and the request noted was from 7:00 a.m. to 8:00 p.m. for the hours of operation, as the once the doors are locked the applicant can remain on the premises indefinitely. A discussion ensued regarding the hours noise may be generated. Ms. Gallent said there are a number of provisions in the code and read Section 141-7 of the code regarding noise. Ms. Reader asked if there were any comments from the public. Pat Martyn of 63 Sherwood Drive appeared. Mr. Martyn said he strongly objects to this application being allowed, due to problems that arose with the previous two occupants regarding noise,painting done on the premises and boats stored in the back yard. Mr. Martyn reported same to the Police Department, and nothing was done. Mr. Martyn said with the noise emanating from the premises, he cannot enjoy his property. To allow the hours of operation from 7:00 a.m. to 9:00 p.m. is ridiculous, especially in a residential area. Ms. Aisen asked what response was received when the Police Department was called. Mr. Martyn said he did not get a response. The Police Department went to the site, told the individuals to be quiet, but nothing happened. Ms. Reader said Mr. Martyn should make a complaint to the Building Department who would investigate the complaint. Ms. Reader then explained the reasons for notifying the Building Department. Ms. Reader said there are two businesses at the location. Mr. Martyn said he is talking about the tenant downstairs. Ms. Reader said the application is for the upstairs tenant. Mr. Martyn said he has no objection to the upstairs tenant. Mr. Mazin suggested Mr. Martyn speak to the individuals involved and, if necessary, file a complaint. Ms. Reader suggested Mr. Martyn write a letter to avoid a confrontation with the tenant. Mr. Martyn said he already had a confrontation with the tenant and had a fight. Ms.Reader said Mr. Martyn should notify the Building Department and informed Mr. Martyn to write the Planning Board, if he does not hear from the Building Department. Ms. Aisen asked Ms. O'Keeffe, Town Board Councilwoman, if the police are called, do the police advise the complainant. • Planning Board September 10, 1997 Page 4 Ms. O'Keeffe said the police will tell the complainant that they do not have jurisdiction,depending on the statute, and would direct the complainant to the Building Department. Mr: Mazin said generally the Building Department has a code enforcement official, who makes an inspection and reports same to the department. A discussion ensued regarding an amendment being made referring to painting being performed on the premises.. Ms. Reader asked if there were any other comments from the public. Ms. Gallent said the matter was referred to the Westchester County Planning Board, because it is located on the Boston Post Road, which did not have any comment. On a motion made by Ms. Harrington, seconded by Dr. Mason, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Reader asked for a motion to grant the Special Use Permit to A.P. Automotive, Inc. with the same conditions imposed upon Jack Eisenbach d/b/a Miracle Auto Repairs granted on June 10, 1992 with one change under the Special Conditions#4, enlarging the hours of operation from 7:00 a.m. to 8:00 p.m. After further discussion, on a motion made by Mr. Darsky, seconded by Dr. Mason, the following resolution was unanimously ADOPTED, 5-0. WHEREAS, Patsy Fuschetto and Anthony Sama, d/b/a A.P. Automotive,Inc., submitted an application for a Special Use Permit for use of the upper floor of the premises at 2430 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 421 as an auto repair shop; i.e. tuneups, brakes, auto inspection, carburetor, injector, oil/lube and general auto repairs, (no body work); and WHEREAS, a Public Hearing having been held on September 10, 1997 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 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 adversely impact upon surrounding properties or surrounding property values. Planning Board September 10, 1997 Page 5 BE IT FURTHER RESOLVED, that this Board approves the application of Patsy Fuschetto and Anthony Sama, d/b/a A.P.Automotive,Inc., for a Special Use Permit for an auto repair shop; i.e. tuneups,brakes, auto inspection, carburetor, injector, oil/lube and general auto repairs, (no body work) subject to the following terms and conditions: 1. Services on the premises shall be limited to the following; tuneups, carburetor services, injector services, brake repair, oil/lube/fluid changes and similar repairs. No repairs requiring breakdown of the motor, transmission or universal joint shall be permitted. Repairs to the electrical system shall not be performed. 2. The applicant agrees to provide the pollution control services and activities as set forth in a memorandum from the Coastal Zone Management commission, dated December 5, 1990, and such activities shall constitute conditions of this Special Permit, except that Item No. 2 on Page.2 is not required because the property involved is not owned by the applicant. 3. The applicant shall provide all maintenance,pollution control and related activities on an ongoing basis as set forth in an agreement between Collision Technologies Limited and Jack Eisenbach, dated June 10, 1992. 4. Hours of operation shall be from 7:00 a.m. to 8:00 p.m. Monday through Saturday. No noise emanating from inside the building shall be audible outside the building. 5. There shall be no externally audible public address system, bullhorns or ivalkie-talkies on the premises. 6. All lights, except for security lighting,shall be turned off when the premises are vacated for the evening. 7. All lights for the driveway and parking area shall be directed toward the building. 8. The final plan submitted prior to the issuance of any Building Permit shall show traffic lanes on the property for ingress and egress. 9. The front, vehicle entry doors shall be kept closed while work is in progress (except for time when vehicles are moving in and out of the building)and all work shall be done inside the building. 10. The applicant shall obtain all necessary permits from the Westchester Department of Health and the New York Department of Environmental Conservation relating to air pollution emissions and waste disposal. 11. Permit shall expire after two (2)years. 12. 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. Chairwoman Reader read the next application as follows: PUBLIC HEARING EXTENSION - . SUBDIVISION APPROVAL - COVENTRY COURT/DEMETRIADES DEVELOPERS,INC. -1006 Fenimore Road-Block 202 Lots 30 and 110 On a motion made by Dr. Mason, seconded by Ms. Harrington, it was unanimously Planning Board September 10, 1997 Page 6 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. James J. Vanoli, P.E. of 752 Old Kensico Road, Thomwood, New York appeared. Mr. Vanoli is asking for a time extension for subdivision approval and stated the reasons for the delay is financial consideration. There are no changed conditions on the site,nor any changed conditions to the proposed construction plans. As for the status of the plans, the plans are complete. The plans were submitted to Mr. Leger of Malcolm Pimie and John Hoch of the Westchester Joint Water Works for their review around the Labor Day weekend at which time the Health Department will be notified for plat approval. In the interim, based on the approval received, Mr. Vanoli has been working with the Building Department on the tree removal, posted a$50,000.00 bond and begun work in accordance with the previously approved plans. The intention is to proceed with the subdivision. Dr. Mason asked if there was a miscalculation on the length of the expiration date. Ms. Reader said the statute provides for six months. Ms. Gallent informed the Board that the statute states the holder of the preliminary subdivision approval shall return for the final approval within six months. A discussion ensued regarding the period of time stated in the statute. Ms. Gallent said Mr. Vanoli stated that conditions in the surrounding area have not changed. The Board needs to satisfy itself on that point. Ms. Reader informed the Board that extensions have previously been granted for various reasons on other cases, as long as no changes have occurred. Ms. Aisen asked if there is a different perception regarding the drainage system easement, the trees, etc., and asked if anything has changed from the Board's perspective as far as wetlands, etc. Dr. Mason stated this is almost a model project. Ms. Reader said it was determined indigenous plantings would be used along the property borders, and asked if a restrictive covenant is imposed. Mr. Vanoli said there were two concerns; the landscaping was formal and it was softened by using the indigenous plantings for which approval was received. Also, Gary Trachtman and Shimon Gitlitz were concerned about the trees being on the drainage easement, so they were removed. The plans have been amended to show the movement of the trees. Ms. Reader stated the question is not how it will currently look, but if there is some kind of restrictive covenant that requires the conditions remain after other owners take possession. Mr. Vanoli said he does not think there is one. Dr. Mason said the concern is that someone will come in and strip the land, start the project and at that time the financing will fall apart. Ms. Gallent stated that is why a bond is required. Dr. Mason said he does not feel that is what the Board is faced with in this instance. Mr. Papazian asked why Mr. Vanoli has not gone forward with the Health Department permit. Planning Board September 10, 1997 Page 7 Mr. Vanoli said he npMs the approval of the Town Engineer, the Westchester Joint Water Works and those submissions-have been made.- When those are received, the plat is done and Mr. Vanoli will move forward. Dr. Mason asked how detailed the presentations are for the Health Department when there are pools involved. Mr. Vanoli said the swimming pool application is primarily with the local building department for private pools. The Health Department gets involved when there are public pools. The pools are not shown on the plat. Mr. Papazian asked if the extension is for December 31, 1997, pursuant to Mr. Vanoli's letter dated July 24, 1997. - Ms. Reader suggested the.Board consider granting a six month extension from this date. Mr. Vanoli said it is his intention to hopefully get the matter solved by Thanksgiving, then it will be build versus bond by law. Mr. Vanoli anticipates building most of the project and bonding the balance. Ms. Gallent informed the Board that it can rely on the Negative Declaration the Planning Board initially adopted, as Mr. Vanoli has represented that conditions have not changed, and the Board is satisfied that that is the case. Ms. Reader asked if there were any other questions from the public. There being none, on a motion made by Mr. Darsky, seconded by Ms. Aisen, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Dr. Mason, seconded by Ms. Reader, the following resolution was unanimously APPROVED, 5-0: WHEREAS, the Planning Board granted Preliminary Subdivision Approval to Demetriades Developers,Inc., for the construction of a subdivision known as Coventry Court Subdivision to be located at 1006 Fenimore Road, Block 202, Lots 30 and 110, by resolution dated January 19, 1996; and WHEREAS, more than six months has elapsed since that approval and other commitments have prevented Demetriades Developers, Inc. from pursuing Final Subdivision Approval for Coventry Court Subdivision; and WHEREAS, James Vanoli, P.E. has submitted a request on behalf of Demetriades Developers, Inc. for a six month extension of time to file plans for Final Subdivision Approval for Coventry Court Subdivision; and WHEREAS, the Board finds that conditions in the area have not changed since the Preliminary Subdivision Approval nor have any changes been made to the Preliminary Subdivision Plans; and WHEREAS, the Board held a Public Hearing on September 10, 1997 on the request for an extension of time in which Demetriades Developers, Inc. may file plans for Final Subdivision Approval; NOW, THEREFORE,BE IT RESOLVED THAT, the time in which Demetriades Developers, Inc. may file plans for Final Subdivision Approval for Coventry Court is hereby extended to March 10, f 1998. Mr. Vanoli updated the Board on Laurel Manor, stating Laurel Manor has been signed by the Health Department. Mr.Vanoli is currently working on the bond, etc. • Planning Board September 10, 1997 Page 8 Chairwoman Reader read the next application as follows: CONSIDERATION - RENEWAL/SPECIAL PERMIT - CITIPARK SERVICE STATION, INC. - Thomas Gubin - 613 Fifth Avenue/2 Valley Place -Block 131 Lot 1 Thomas Gubin appeared, representing Citipark Service Station, Inc., for an application for a renewal of a Special Permit. Ms. Reader asked Mr.'Gubin to give the Board a brief synopsis. Mr. Gubin said it is for a renewal of a Special Permit,with no modifications or changes from the existing permit from the original application. The Board reviewed the original Special Permit certification. Mr. Papazian asked where Citipark Service Station, Inc. is located. Mr. Gubin said Citipark Service Station is located on the corner of Valley Place and Fifth Avenue. Mr. Reader asked if that was Blue Bird Taxi, which Mr. Gubin verified. Dr. Mason asked if there was a fire in that location. Mr. Gubin said there was a fire a month ago, but the station is open and is continuing business. A discussion ensued regarding the cause of the fire and the damages sustained. Ms. Reader asked if condition#4 of the previous special permit, the lines and stripes, are still drawn and clearly marked. Mr. Gubin said the lines and stripes are clearly visible. . Ms. Reader asked if there are no parking signs painted on both the Fifth Avenue side and Valley Place, which Mr. Gubin verified. Ms. Reader asked if there were any questions or comments from the members of the Board. Ms. Gallent said she spoke to the Building Inspector and it was recommended the Board insert a condition to the Special Permit renewal that the repairs to the premises made necessary by the fire are subject to Building Department approval. Mr. Darsky asked if that was a customary request. Ms. Gallent said it is somewhat redundant since there are laws that govern same, but it was specifically requested by the Building Inspector. Dr. Mason asked if that meant when there is substantial damage it will be upgraded to the existing fire code, and would a sprinkler be required. Ms. Gallent said before the next meeting she will speak to the building inspector to clarify same. Ms. Gallent asked the secretary to request that the building inspector advise the Board on the current fire code in existence for that facility,and when there is substantial fire damage are the fire codes upgraded or just grandfathered. A discussion ensued regarding the type of operation performed at that location. Planning Board September 10, 1997 Page 9 Ms. Reader asked what Mr. Gubin does to comply with Special Permit conditions; #5 (There shall be no parking of any vehicles belonging to either the employees or vehicles under service on Fifth Avenue,where the local law provides no parking.)and#6 (All car parts and metal shall not be stored outside the building except in the properly enclosed refuse containers.) of the existing certification. Mr. Gubin said he instructs all employees to inform anyone coming in that they should not park on the street but on the premises within the required spaces allowed on the premises. Ms. Reader asked if an employee parks a car where it is not permitted, what course of action Mr. Gubin takes. Ms. Gubin said the individual is immediately told to remove the vehicle. Ms. Reader asked Mr. Gubin to address item#6. Mr. Gubin said nothing is stored outside, and there is an enclosed refuse enclosure. Dr. Mason asked what Mr. Gubin's relationship is with the facility and Blue Bird. Mr. Gubin said the vehicles are serviced for Blue Bird, and provides access to the premises for such purpose. Ms. Reader asked who performs the servicing,Mr. Gubin's employees or Blue Bird's employees,and who pays them. } Mr. Gubin said the employees of the corporation perform the servicing and the corporation pays them. Ms. Gallent asked if that corporation was Citipark Service Station. Mr. Gubin said the corporation is not Citipark Service Station, but another corporation. Ms. Reader stated Mr. Gubin subcontracts to someone else, which Mr. Gubin verified. Ms. Reader asked how often Mr. Gubin is on the premises on a daily basis over a year's period. Mr. Gubin said he might be on the premises once a day. A lengthy discussion ensued regarding same. Ms. Reader said she does not find Mr. Gubin's statements to be forthright. Mr. Gubin said he is trying to answer to the best of his knowledge. Ms. Harrington asked Mr. Gubin for how long a time does he stay on the premises when he goes to the premises. Mr. Gubin said it depends on the circumstances. Ms. Reader said in reference to a earlier question, if an employee parks a car where it is not permitted, Mr. Gubin is not present to request the car be moved. Mr. Gubin said the employees who are working on the premises are directed to make sure no one abuses the parking regulations. Ms. Reader asked if Mr. Gubin has witnessed an employee directing someone to move a car. Mr. Gubin said he has witnessed an employee directing someone to move a car. Planning Board September 10, 1997 Page 10 Ms. Harrington said, for the record, she has seen many times repeated violations of this permit, and asked if Mr. Gubin has received any notice of violations. Mr. Gubin said no violation notices have been received. Ms. Gallent asked Ms. Harrington to specify what violations have been observed. Ms. Harrington said there are many cars parked repeatedly in the striped area, two wheels on the street, two wheels on the curb, completely obliterating the walking area for which these stripes were installed. There are junk cars and half cars parked in that area. Mr. Gubin said there is nothing currently parked in that area, at this time. Ms. Gallent asked who is in charge of enforcing the conditions of the Special Permit when Mr. Gubin is not on the premises. Mr. Gubin said the employees and mechanic, Harry Teagarden, the Service Manager, are'in charge of enforcing the conditions of the Special Permit when Mr. Gubin is not on the premises. Ms. Aisen asked if Mr. Teagarden is a full-time employee. Mr. Gubin said Mr. Teagarden is employed during the day. A new individual is being hired and will start on Monday for the other hours. Ms. Reader asked that Mr. Gubin have Mr. Teagarden, and the new individual being hired, at the next Board meeting. Ms. O'Keeffe stated Mr. Gubin's corporation owns the premises and another corporation leases it from Mr. Gubin, and asked if that corporation provides services to Blue Bird Taxi. Mr. Lubin said that corporation is a mechanics corporation. Ms. O'Keeffe said then Mr. Gubin has no control over the corporation that leases the land. Mr. Gubin said there is no control over the corporation. Ms. Reader asked Mr. Gubin for clarification, stating Mr. Gubin owns the land and the building and asked if Citipark Service Station is the name Mr. Gubin uses to do business, which Mr. Gubin verified. Is someone else now leasing the property to run the business or has Mr. Gubin subcontracted with someone to do service. Mr: Gubin said it is a different corporation, but the same owners. Ms. Gallent asked if it is another corporation that Mr. Gubin controls, which Mr. Gubin verified. Ms. Reader asked if Mr. Gubin is one of the owners of Citipark Service Station, which Mr. Gubin verified. Ms. Reader asked if Mr. Gubin owns the other corporation. Ms. Gallent asked the name of the other corporation. Mr. Gubin said the name of the other corporation is Blue Rolling Stock Corporation. Ms. Aisen asked if Mr. Gubin has serviced vehicles by Blue Bird company as well as other companies. Planning Board September 10, 1997 Page 11 Mr. Gubin said he has serviced just Blue Bird vehicles. Ms. O'Keeffe asked if Mr. Gubin owns part of Blue Bird, which Mr. Gubin verified, stating each is a different corporation not connected other than the same stockholders. Ms. Aisen asked if the stockholders are identical in each of the companies, which Mr. Gubin verified. Ms. Aisen stated that Mr. Gubin had some ownership of Blue Bird and the company that owns the land, the building and the company that does the work, which Mr. Gubin verified. Ms. Reader said in essence Mr. Gubin and his partners own all three corporations, as opposed to giving the impression that Blue Bird is completely independent of Mr. Gubin and Mr. Gubin has a contractual relationship with Blue Bird. Dr. Mason said, as an opening statement, he asked what is the relationship with Blue Bird, whereby Mr. Gubin said there was no relationship. Mr. Gubin said between the three corporations there is no relationship other than similar owners. On a motion made and seconded, it was unanimously RESOLVED,that the application be, and hereby is adjourned for a Public Hearing to the October 8, 1997 meeting,with individuals present who are at the premises full-time to answer questions regarding materials on the premises and who are responsible to enforce the conditions of the Special Permit. Ms. Harrington would like the Board to receive any records that the Building Department has on file in relation to complaints/violations issued. Ms. Reader said the Board would like to receive any violations that have been issued or complaints without violations that have been issued that are of record. Ms. Gallent suggested the Building Department provide whatever is on file, the history. Ms. Reader said it would be beneficial if the history started from the date the previous certification was granted, September, 1995. Ms. Gallent said the matter will be referred to the Westchester County Planning Board for review and comments. Ms. Gallent asked if Mr. Gubin accepted the conditions as stipulated on the previous Special Permit,it will be a Type II action under SEQRA, which Mr. Gubin accepted. Ms. Reader asked Mr. Gubin to bring Mr. Teagarden to the Pubic Hearing. Ms. Gallent said Mr. Gubin should bring the individual who will be responsible for the implementation of the conditions of the Special Permit. Mr. Gubin was instructed to contact the secretary for a copy of the Public Notice, as the applicant is responsible for notifying the neighbors. Mr. Reader asked if there was any new business. Ms. Gallent announced the Appellate Division upheld the lower court in the Bonnie Briar matter. The litigation involves two parts, and is continuing. Ms. Gallent said it is expected the developer will bring Planning Board September 10, 1997 Page 12 the matter to the next level, the New York State Court of Appeals. Ms. Gallent will continue to update the Board on this matter. NEXT MEETING The next meeting of this Board will be held on October 8, 1997. ADJOURNMENT On a motion made by Mr. Darsky, seconded by Ms. Harrington, the meeting was unanimously adjourned at 9:18 p.m. 7)71 Marguerite Roma, Recording Secretary