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HomeMy WebLinkAbout1993_12_08 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK DECEMBER 8, 1993, IN THE COURTROOM, TOWN CENTER 740 WEST BOS'I'ON POST ROAD MAMARONECK, NEW YORK Present: Marilyn Reader, Chair Gabriel Fay Sal Iacono Alan Murray Joel Negrin Absent: Edward Gonye Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Eve Nudelman, Environmental Coordinator Lorie Fletcher, Public Stenographer Kazazes & Associates 250 Fact Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Reader at 8:25 PM. SEQRA FINDINGS - R. Diforio - 707 Weaver Street - Block 102 Lots 1 & 181. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. A draft of proposed findings had been circulated to the Board. A revised version was circulated at the meeting, and Mr. Negrin had proposed an additional finding concerning the computation of the impervious surfaces. There was considerable discussion about determination of water quality. It was the Board's intention to hold the three homeowners jointly and severally responsible for there being no change in the water quality, but members questioned how changes could be attributable to an individual lot and what method of recompense could be used. For example, bonds cannot be held in perpetuity. It was suggested that the Town, after the test prior to development is made, annually inspect the drainage holding pipe and test its outflow for water quality. Concerning impervious surfaces, Mr. Diforio stated that his engineer felt that two 3500 square foot houses including patios would not cause a problem to the proposed drainage system. Mrs. Reader questioned whether it was the Planning Board's responsibility to arbitrarily divide the available impervious surface among the lots. On motion of Mr. Negrin, seconded by Mr. Iacono, the Board unanimously, 5-0, accepted the SEQRA findings as prepared and amended. Planning Board December 8, 1993 -2- On motion of Mr. Fay, seconded by Mr. Iacono it was unanimously RESOLVED, that this Board hereby sets Wednesday, January 12, 1994 at 8:15 PM as the date and time for a Public Hearing for the application of Robert Diforio for a Preliminary Subdivision and determination of whether the Board will allow modification under Town Law Section 278; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. Mr. Diforio thanked the members for their close attention to his application. PUBLIC HEARING - Special Permit - Retail Store - "Athletic X-Press" - Metropolis Westchester Lanes, Inc. - 2444 Boston Post Road - Block 503 Lot 137 On motion of Mr. Murray, seconded by Mr. Fay, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion of Mr. Fay, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Andrew Fredman, architect, appeared. He explained that a Special Permit is needed for a retail store in this zone - Service Business (SB) . The store will be open from 9 AM to 9 PM, seven days a week. CVS, which will open in January in the same shopping center, will be open 24 hours a day. On motion of Mr. Murray, seconded by Mrs. Reader, the following resolutions were unanimously adopted, 5 - 0. WHEREAS, Metropolis Westchester Lanes, Inc. submitted an application for a Special Permit use for a retail store operated by Athletic X-Press located at 2444 Boston Post Road, Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lots 137; and Planning Board December 8, 1993 -3- WHEREAS, a Public Hearing having been held on December 8, 1993 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 herein is in general harmony with the surrounding area and will not adversely impact the adjacent properties due to traffic generated by said use or the access of traffic from said use to or from 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 Metropolis Westchester Lanes Inc. as landlord for a Special Permit for a retail store on the premises under the name of Athletic X-Press pursuant to a lease to Kinney Shoe Corporation subject to the following terms and conditions. 1. All terms and conditions stipulated in the Site Plan approval granted to Westchester Metropolis Lanes, Inc. by this Board on February 10, 1993. 2. The hours of operation of the store shall be 9 AM to 9 PM. PUBLIC HEARING - Special Permit - Veterinary Hospital - Lawrence Cohen, DVM, and Patrick Hopper, DVM - 6 Weaver Street - Block 410 Lots 163 and 173 On motion of Mr. Fay, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. • Planning Board December 8, 1993 -4- On motion of Mr. Murray, seconded by Mr. Fay, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Drs. Cohen and Hopper appeared, accompanied by their builder. They stated that it is not their present intention to use the dilapidated outdoor runs at the facility. The only animals that will generally be kept overnight will be ill ones. However, they want to be able to accommodate their clients, and it is anticipated that no more than 25 animals will be in the facility at one time. The hospital's hours will be 8 AM to 7 PM, Monday to Friday, with some hours on Saturdays, and the doctors will have outside practices as well. On motion of Mr. Murray, seconded by Mr. Fay, the following resolutions were unanimously adopted, 5 - 0. WHEREAS, Lawrence Cohen, DVM and Patrick Hopper, DVM, submitted an application for a Special Permit use for a veterinary hospital located at 6 Weaver Street, Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lots 163 and 173; and WHEREAS, a Public Hearing having been held on December 8, 1993 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 herein is in general harmony with the surrounding area and will not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use to or from 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. Planning Board December 8, 1993 -5- BE IT FURTHER RESOLVED, that this Board approves the application of Lawrence Cohen, DVM, and Patrick Hopper, DVM, for a Special Permit for a veterinary hospital on the premises subject to the following terms and conditions. 1. The hours of operation of the hospital shall be 8 AM to 7 PM, Monday through Friday, with shorter hours on Saturdays. 2. Soundproofing of the hospital shall be installed so that no audible sound shall be heard beyond the property line, except for the southeast side, where no sound shall be heard up to 15 feet beyond the property line. 3. There shall be no more than 20 dogs kept overnight. 4. The outdoor runs for animals shall not be used. ADJOURNMENT On motion of Mr. Fay, seconded by Mr. Negrin, the meeting was adjourned at 10:37 PM. Bonnie M. Burdick