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HomeMy WebLinkAbout1994_01_20 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMAIWNECK JANUARY 20, 1994, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARO ECK, NEW YORK Present: Marilyn Reader, Chair Cahriel Fay Edward Gonye Joel Negrin Absent: Sal Iacono Alan Murray Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Eve Nudelman, Environmental Coordinator Lisa Parrilla, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Reader at 8:32 PM. The Public Stenographer was present and her transcript will became a part of the record. Before commencement of the Public Hearing, there was considerable discussion about the proposed SEQRA finding. On Page 3, Item No. 2, the applicant's lawyer had added the word 'originating" concerning water quality, which had not been part of the comments of the Planning Board when it reviewed the proposed findings. The Diforios were concerned about haw they would be able to control pollutants from the other properties draining into the proposed drainage system. Mr. Maker cited a case in which the court held that a developer could not be held liable for increases in air pollution caused by cars unrelated to the devloped site. It was Mr. Negrin's suggestion that the Diforios should be responsible for any increase in pollution, unless it could be demonstrated that the pollutants came from other than their property. Mr. Trachtman did agree that it would be possible to determine the sources of most pollutants from tests conducted solely on the Diforio property. I The wording Mr. Negrin suggested for Item No. 2 on Page 3 was ". ..except to the extent that the applicant demonstrates that any pollutants Ioriginate from a source not on the property. . .". On nation of Mrs. Reader, seconded by Mr. Negrin, the change of wording was unanimously adopted. Planning Board January 20, 1994 -2- ADJOURNMENT Mrs. Reader temporarily adjourned the meeting at 10:30 PM and reopened it at 10:40 PM. She announced that due to the hour and length of time anticipated for this hearing the second and third items on the agenda would be heard before the first. PUBLIC HEARING - Bob and Mark Car Wash d/b/a High Tech Car Wash - 2434 Boston Post Road - Block 503 Lot 326. Dolores A. Battalia, attorney, appeared. She stated that her clients were seeking an extension of their Special Permit granted two years ago. Mrs. Battalia stated that there were no changes to the business and that, in response to the request of the Building Inspector, the owners would be happy to restripe the fire lanes. Mrs. Battalia stated that the hours of operation would be the same as previously approved and that there were no complaints on file with the Building Department. Steve DiDonato appeared on behalf of Mr. and Mrs. Pizzonia of 67 Sherwood Drive. He stated that the vacuum motors are extremely loud and requested that baffles be installed. Mr. DiDonato also claimed that the hours of operation were not maintained. Mrs. Battalia reminded the Board that the car wash had been at the site for many years, with no complains of noise in the Town's records, and stated that she would bring the vacuum problem to the attention of the proprietors. The Board members were sympathetic to the noise problem but were also sympathetic to the righs of the business operators. On motion of Mr. Negrin, seconded by Mrs. Reader, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that 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 motion of Mrs. Reader, seconded by Mr. Fay, the following resolutions were unanimously adopted. WHEREAS, Mark and Bob Car Wash has submitted an application for a Special Permit for the use of premises at 2434 Boston Post Road, Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 326.1 as a car wash; and Planning Board January 20, 1994 -3- A SEAS, the Planning Board has conducted and completed proceedings pursuant to SEQRA; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, Town Officials, the Consulting Engineer to the Town and a Public Hearing having been held on January 20, 1994; NOW, THEREFORE, BE IT RESOLVED that a Special Permit to operate a car wash facility is granted to Mark and Bob Car Wash for premises located at 2434 Boston Post Road, subject to the terms and conditions set forth below: A. Findings Subject to the conditions set forth in this Resolution, the Planning Board finds: 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 fran 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, funs, 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. B. Special Conditions 1. No gasoline shall be sold at the site. 2. The triangular planting area in the rear of the premises (adjoining the residential site to the West) shall be ten feet (10') by fifteen feet (15') . 3. Maximum hours of operation shall be fran 7 AM to 8 PM Monday through Saturday and 8 AM to 6 PM on Sunday. 4. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 5. All lights, except for security lighting, shall be turned off at the close of business. 6. All lights for the driveway shall be directed toward the building. The final plans submitted prior to issuance of Planning Board January 20, 1994 -4- any Building Permit shall show traffic lanes on the property for ingress and egress. 7. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 8. This Special Permit approval is subject to additional conditions imposed by the Zoning Board of Appeals including limitation of canopy height to twenty feet (20'), limitation on size of the pole sign on front of the premises, on the "menu" sign at the rear of the property and a requirement that the exposed source of illumination for the front canopy shall be directed to the ground only and be recessed behind the side and front of the canopy. 9. This Special Permit is subject to the termination requirements set forth in 89-53 of the Zoning Code of the Town of Mamaroneck. CONSIDERATION OF SITE PLAN - Total Fitness Center - 15 (13-19) Madison Avenue - Block 132 Lot 469 James Fleming, architect, appeared. He stated that the facility is doing well and the owners seek to improve the wonen's locker roam and to move the men's locker roan to the basement. The facility has 54 parking spaces, and Mr. Fleming stated that the principals are contemplating purchasing a piece of land near the New England Thruway for more parking. 15 spaces would be gained. Currently the owners of the Coughlin Building at 178 Myrtle Blvd allow the health club to send overflow to its parking facility which is underused during the day. Mr. Fleming submitted a letter from Coughlin confirming n this arrangment. Mr. Silverberg reminded the Board that the spaces at this lot are shared with Town parkers at night and that the day parking spaces are part of the Coughlin Building's variance. The Planning Board cannot legally consider the Coughlin space as a relief for Total Fitness. Mrs. Reader and Mr. Fay asked Mr. Fleming to supply information concerning the number of users of the facility at specific times, including information about class times and number of participants, number of lockers and parking patterns on Maxwell Avenue. On motion of Mr. Negrin, seconded by Mrs. Reader, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is an Unlisted Action which may have an impact on the environment as determined by New York State or corresponding local law; and it is Planning Board January 20, 1994 -5- FURTHER RESOLVED, that this matter be referred to the Coastal Zone Management Commission for environmental review. On motion of Mrs. Reader, seconded by Mr. Fay, it was unanimously RESOLVED, that this Board hereby sets Wednesday, February 9, 1994 at 8:15 PM as the date and time for a Public Hearing for the application of Total Fitness for a Site Plan Application; 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. PUBLIC HEARING - Preliminary Subdivision Approval and Consideration of Modifications of Area Requirements under Town Law Section 278 - R. Diforio - 707 Weaver Street - Block 102 Lots 1 & 181 Despite the fact that only four members were present and the time factor (it was midnight), it was decided to conduct the hearing. On motion of Mrs. Reader, seconded by Mr. Negrin, it was unanimously IL 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. William Maker, Jr., attorney, appeared for the applicant. He stated that the two new lots comply with most of the zoning requirements - for area, depth, and front, side and rear yard setbacks. Mr. Maker stated that the only variance required would be for the requirement of 125 feet of frontage on Weaver Street and that the Planning Board under New York State Town Law Section 278 has the right to revise a zoning requirement, if such a revision would be a sensible thing to do. It was Mr. Maker s contention that the Planning Board has wrestled with the Diforio application for more than two years and is extremely knowledgeable about the situation, much more than the Zoning Board would be. Mr. Maker reminded the Board that the property on Arrowhead Lane, which is on the Official Town Map, has been found to be adequately accessible for fire trucks by the Fire Department. He stated that the other residents on Arrowhead Lane - Mr. Astrove and his tenant, Mr. Hotte, and Mr. and Mrs. Franco - had submitted letters favoring the subdivision and that the complaining neighbors are really upset about the possibility of losing the equivilent of neighboring parkland. Andrew Kahn, 5 Lakewood Lane, questioned the acrA.ss by fire vehicles. He stated that he and his neighbors would request another review by the Town Fire Department. Mr. Kahn also submitted a photo showing a narrow plowed area near the stone gates off of Weaver Street, which he maintained would hamper access by fire trucks. (The width between the columns is 15 feet:.) Planning Board January 20, 1994 -6- Donald S. Mazin, attorney, appeared on behalf of Mr. and appear Mrs. Eli Noy, Lakewood Lane. It was his contention that the subdivision would be illegal as this land had previously been divided in 1954 and could not be re-divided. Mr. Mazin stated that many more than one variance would be required and questioned the value of this subdivision to the Town. He stated that Arrowhead Lane was never dedicated and that no Building Permit should be issued for a house unless it is on a public street. Mr. Mazin reminded the Board that Bonnie Briar Country Club might be developed causing more problems of traffic, flooding and drainage and that the Diforio subdivision would add to such problems. He pointed out that the proposed driveway would have a 15% grade where 10% is required by the Town. After a short recess, on motion of Mr. Negrin, seconded by Mr. Fay,the Board unanimously RESOLVED, that the Public Hearing be, and hereby is, declared adjourned to the next meeting of the Board, February 9, 1994 at 8:15 PM. ADJOURNMENT On motion of Mrs. Reader, seconded by Mr. Negrin, the meeting was adjourned at 1:00 AM. I NW 6"-'14"‘ Bonnie M. Burdick I I