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HomeMy WebLinkAbout1995_02_08 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK FEBRUARY 8, 1995, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARO ECK, NEW YORK Present: Marilyn Reader, Chair Gabriel Fay Edward Gonye Linda Harrington Alan Murray Joel Negrin Absent: Richard Dorsky Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Lisa Parrilla, Public Stenographer Kazazes and Associates 250 East Hartsdale Avenue, Suite 24 Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chair Reader at 8:25 PM. PUBLIC HEARING - SPECIAL PERMIT - Metropolis Westchester Lanes - Nature's Warehouse (Health Fbod Store) 2444 Boston Post Road - Block 503 Lot 137. On motion of Mr. Murray, seconded by Mr. Negrin, it was unanimously,Daly, by a vote of 6-0, RESOLVED, that the Public Hearing be, and hereby is, declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. Andrew Fredman, architect, appeared with David Robinov, prospective tenant. He stated that the application had been heard by the Coastal Zone Management Commission and the Traffic Committee. The CZMC had, by letter to the Planning Board, declared that the proposed store would not change the impact on the Critical Environmental Area; and the Traffic Committee by memo from the Administrator, suggested implementing a modified Option No. 7 from the traffic study prepared April, 1994 by Ethan C. Eldon Associates. The modified option suggests .. ."revising signal phasing to create leading/lagging phase(s) , for the eastbound and westbound traffic." Mr. Fredman stated that the applicant will file with the State Department of Transportation for traffic changes and pay for implementation if approved. Planning Board 2/8/95 Page -2- Mr. Fredtnan stated that the applicant will be going before the Board of Architectural Review to request an increase in the size of its garbage enclosure. Said change will not effect the number of parking spaces. On motion of Mr. Murray, seconded by Mrs. Harrington, it was unanimously by a 6-0 vote RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously, by a vote of 6-0, RESOLVED, that this Board finds this matter to have no substantial environmental impact and directs the filing of a Negative Declaration. On motion of Mr. Negrin, seconded by Mr. Murray, the following resolution was unanimously adopted, by a vote of 6-0. WHEREAS, Metropolis Westchester Lanes Inc. submitted an application for a Special Permit use for a retail store operated by David Radinov, d/b/a Nature's Warehouse, 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 WHEREAS, a Public Hearing having been held on February 8, 1995 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 shall not adversely impact upon the adjacent properties due to traffic generated by said use or the arr"14cts 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. Planning Board 2/8/95 Page -3- 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 Nature's Warehouse subject to the following terms and conditions. 1. All terms and conditions stipulated in the Site Plan approval granted by this Board on February 10, 1993. 2. The hours of operation of the store shall be 9 AM to 9 PM. 3. Metropolis Westchester, Inc. shall diligently proceed with application to the New York State Department of Transportation to implement the leading/lagging option both East and West for the traffic light at Dillon Road and the Boston Post Road. 4. Metropolis Westchester Inc. shall pay for the installation of the new traffic mechanism if approved by the DOT. CONSIDERATION - Final Subdivision - Gila Lourie - 109 Griffen Avenue Block 305 Lot 903. Eliot Senor, of Gahriel Senor Engineering, appeared with Mrs. Laurie. He stated that the Board had received the latest subdivision map. There was a change fran 93' frontage on the southern lot to 100' frontage for that lot. The northern lot, therefore, then had 93' frontage. Mr. Silverberg stated that such change would be considered minor and would not require a Public Hearing. Mr. Senor stated that the proposed bridge to the new lot would show on the construction plan. Mr. Silverberg agreed that such procedure is usual. On motion of Mr. Murray, seconded by Mrs. Harrington, the following resolution was unanimously adopted, by a vote of 5-0. WHEREAS, Gila Lourie has submitted an application for Final Subdivision Approval in proper form and complying with all requirements of the Town, other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, this Board held a Public Hearing on the application for Subdivision Approval on November 9, 1994 and December 14, 1994; NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is hereby granted and a variance of Section 89-15 to allow a frontage of 93 feet on the northernmost lot of the two is granted to Gila Lourie pursuant to her application and subject to all terms and conditions set forth below: Planning Board 2/8/95 Page -4- I. General Requirements All curbs, suitable monuments, water mains, storm drains, sanitary sewer facilities and street trees shall all be installed in accordance with the latest standards and specifications in force at the time work is started in accordance with the approval plan, particularly with respect to the final Subdivision Plan, prepared by Eliot Senor, Surveyor, dated 2-1-95. II. Compliance with SEAR A. Consistent with social, economic, and other essential considerations of State policy, to the maximum extent practicable fran the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form; and B. All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms and addendum thereto and all special requirements and modifications set forth herein. III. Special Requirements A. Water Retention and Drainage 1. The applicant must provide dry wells or other retention facilities on the site so that the rate of runoff fran the property is not increased after construction. Such plans, including the percolation chambers, shall be reviewed by the Consulting Engineer to the Town and the Building Inspector and their determination shall be conclusive. B. Erosion and Sedimentation Control - (During Construction) 1. Erosion and sedimentation control plans shall be based upon the standards presented in the Town of Mamaroneck Surface Water, Erosion and Sediment Control Law. 2. The control plan shall include a construction timetable and an inspection schedule. C. Trees Compliance with the Tree Preservation Law of the Town of Mamaroneck is required before a Building Permit shall be issued. Planning Board 2/8/95 Page -5- D. Required Documents and Inspections 1. The applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Consulting Engineer to the Town. 2. The applicant shall submit to the Town one Mylar reproducible and four copies showing the "as-built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residence to be constructed. 3. The plat shall note the requirement for obtaining a Fresh Water Wetlands and Water Courses Permit prior to any construction. CONSIDERATION - Amended Site Plan - New Car Dealership - Alfredo Gulla - 2533 Boston Post Road - Block 504 Lot 134. Mr. Gulla appeared. He stated that minor amendments had been made to the Site Plan based upon field conditions. The Board members had trouble interpreting the drawings presented which were not "as-builts" but a reduced site plan with notations of changes. Mr. Gulla berated the Board for the delays he has experienced with this project. The members and Mr. Silverberg noted that nothing had been filed with the Building Department as changes in the site were encountered. Mr. Murray stated that the Board had approved a plan which had not been built, and Mrs. Reader commented that the architect and building construction manager should have cane to the Board in a timely way. The members requested as-built drawings and a written, narrative explanation of the changes. The matter was adjourned pending receipt of the new material. LOURIE - (continued) Mrs. Reader recognized the principals fran the Lourie subdivision application who had returned to the Court Room. The lot with the house was about to be sold, and the contract was drawn reflecting the frontage granted for the preliminary subdivision approval which differs from that requested in the final approval. All parties asked that the final subdivision approval be changed and that approval be given in accordance with the preliminary plat as approved. On motion of Mrs. Harrington, seconded by Mr. Murray, by a vote of 5-0, ' the Board unanimously voted to rescind the final subdivision approval granted Gila Lourie earlier in the meeting. Planning Board 2/8/95 Page -6- on motion of Mr. Murray, seconded by Mr. Gonye, the following resolution was unanimously adopted by a vote of 6-0. WHEREAS, Gila Lourie has submitted an application for Final Subdivision Approval in proper form and oamplying with all requirements of the Town, other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, this Board held a Public Hearing on the application for Subdivision Approval on November 9, 1994 and December 14, 1994; NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is hereby granted and a variance of Section 89-15 to allow a frontage of 93 feet on the southernmost lot of the two is granted to Gila Lourie pursuant to her application and subject to all terms and conditions set forth below: I. General Requirements All curbs, suitable monuments, water mains, storm drains, sanitary sewer facilities and street trees shall all be installed in accordance with the latest standards and specifications in force at the time work is started in accordance with the approval plan, particularly with respect to the final Subdivision Plan, prepared by Eliot Senor, Surveyor, dated .2-1-95. II. Compliance with SEAR A. Consistent with social, economic, and other essential considerations of State policy, to the maximum extent practicable from the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form; and B. All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms and addendum thereto and all special requirements and modifications set forth herein. III. Special Requirements A. Water Retention and Drainage 1. The applicant must provide dry wells or other retention facilities on the site so that the rate of runoff from the property is not increased after construction. Such plans, including the percolation chambers, shall be reviewed by the Consulting Engineer to the Town and the Building Inspector and their determination shall be conclusive. Planning Board 2/8/95 Page -7- B. Erosion and Sedimentation Control - (During Construction) 1. Erosion and sedimentation control plans shall be based upon the standards presented in the Town of Mamaroneck Surface Water, Erosion and Sediment Control Law. 2. The control plan shall include a construction timetable and an inspection schedule. C. Trees Campli.ance with the Tree Preservation Law of the Town of Mamaroneck is required before a Building Permit shall be issued. D. Required Documents and Inspections 1. The applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Consulting Engineer to the Town. 2. The applicant shall submit to the Town one Mylar reproducible and four copies showing the "as-built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residence to be constructed. 3. The plat shall note the requirement for obtaining a Fresh Water Wetlands and Water Courses Permit prior to any construction. REFERRAL FROM TOWN BOARD - Zoning Ordinance Amendment - Cellular Antennas Law Mr. Fay recused himself and left the meeting. As per Town Zoning Ordinance, the Town Board requested input from this Board concerning the proposed law controlling placement of and standards for cellular phone antennae. During the preparation of this law, which was done in connection with a consultant, it was felt that changes in technology were happening so fast that the law should be written in a way that would provide the most leeway for future change. Antennae are to be placed in the Light Industrial Zone and the Recreation Zones. Federal law prohibits total exclusion of such installations. The mars felt that the legislation was good and that it was obvious that a great deal of time and study had gone into its preparation. Mr. Murray camlented that the new law answered the concerns previously expressed by the Planning Board. However, as non-professionals in this area, members had questions concerning the height requirements and in Planning Board 2/8/95 Page -8- understanding the measurement requirements for off-site readings. Members felt that these items needed to be made clearer by more specific language in regard to the tree-line measurement and, in the instance of the off-site measurements, by a more understandable presentation. On motion of Mr. Murray, seconded by Mr. Negrin, the following resolution was unanimously adopted by a vote of 5-0. WHEREAS, the Tam Board has referred the proposed zoning for Cellular Antennas Law to the Planning Board pursuant to Section 89-80 of the Zoning Ordinance of the Town of Mamaroneck, and WAS, this Board is required to make a recommendation to the Town Board with respect to its referral of the zoning amendment and map change, it is RESOLVED, that the Planning Board finds that the proposed amendment to the Zoning Ordinance for regulation of the placement of cellular telephone antennas is in harmony with the comprehensive plan of land use for the Town and would be in furtherance of the purposes in Section 89-1 of the Town Zoning Ordinance, and it is further RESOLVED, that the Planning Board requests, however, that the Town Board consider clarifying the height requirements set forth in Section 4B of the proposed law and, further, clarify the provision for measurements off the site contained in Section 4E of the proposed law. On motion of Mrs. Harrington, seconded by Mr. Gonye, the meeting was unanimously, by a vote of 5-0, adjourned at 10:10 PM. Ai* et11 /4.a Bonnie M. Burdick, Recording Sec'y