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HomeMy WebLinkAbout1993_07_14 Planning Board Minutes 4 MINUTES OF THE REGULAR MEETING OF THE aik PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 14, 1993, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford Bell, Chairman Gabriel Fay • Edward Gonye Norma Jacobson Alan Murray Marilyn Reader Absent: Sal Iacono Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Lili Andrews, CZMC Richard Young, CZMC Lisa Hobbie, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary 10111 CALL TO ORDER The meeting was called to order by Chairman Bell at 8:29 PM. He welcomed Marilyn Reader as a new member of the Board. Mrs. Reader has worked for the County Attorney, as a Town Prosecutor and is in private practice. PUBLIC HEARING - Special Permit Application - Solac Realty (formerly Northville Gas Station) - 2517 Boston Post Road - Block 504 Lot 101 On motion of Mr. Murray, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion of Mrs. Jacobson, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ina Bernstein of Solac Realty appeared and stated that there was no change of use - only the addition of a soda machine to the left of the office. On motion of Mr. Murray, seconded by Mr. Fay the following resolutions were adopted 5-0-1, Mrs. Reader abstaining. Planning Board July 15, 1993 -2- WHEREAS, Solac Realty submitted an application for a Special Permit for use of the premises at 2515-2517 Boston Post Road, Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Lot 101 as a gas station; and WHEREAS, a Public Hearing having been held on July 15, 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 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 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 anv 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 Solac Realty for a Special Permit for a gasoline service station subject to the following terms and conditions. 1. The illuminated canopy will be permitted only on three sides, namely, on the Boston Post Road, the westerly and the easterly sides. If more lighting is needed, spot lights shall be used in the rear. 2. The hours of operation of the store shall be 6 AM to 10 PM. 3. All lights, except for security lighting shall be turned off at the close of business. Planning Board July 15, 1993 -3- 4. Retail sales are limited to soda and cigarette vending machines. 5. This Special Permit is subject to the termination requirements set forth in 89-53 of the Zoning Code of the Town of Mamaroneck. DETERMINATION OF COMPLETENESS - R. Diforio - 707 Weaver Street - Block 102 Lots 1 and 181 Appearing were Mr. and Mrs. Diforio; William Maker, Jr. , attorney; Nanette Bourne of Saccardi and Schiff; and Jeffrey Contelmo, Insite Engineers. Interested neighbors and residents included Andrew Kahn, 3 Lakewood Lane, and Andrew Fredman, 21 Howell Avenue. Mr. Maker asked the Board to declare that the Final Environmental Impact Statement prepared by Saccardi and Schiff was complete. Mr. Bell emphasized that the Board had not requested an environmental study. The applicants had voluntarily filed the DEIS and FEIS. Mr. Maker agreed. There was considerable discussion concerning whether or not the water detention system should be required to handle a 100-year storm in accordance with the Town's new Surface Water law. The Diforio site is less than 4 acres, and the improvements will cause an increase of less than 75% of the impervious surface. Therefore, counsel concluded that the 100-year storm requirement of the law does not apply to this application. Said law had been enaLted after Mr. Trachtman had requested a detention system based on a 25-year storm. After reviewing all pertinent information, the Board voted unanimously to accept the 25-year storm system as adequate under all circumstances. On motion of Mr. Fay, seconded by Mrs. Reader, the Board voted unanimously that the FEIS document was incomplete. It requested information rather than conclusions comparing the impact of constructing one house to two houses; a base line water quality for the ornamental pond; more information concerning traffic impacts at the intersection of Arrowhead Lane and Weaver Street; a plan for the landscaping of the steeper slopes of the site and specific plans for saving the mature trees. CONSIDERATION OF FRESH WATER WETLANDS COURSES PERMIT - Town of Mamaroneck Beginnings Early Learning Center - 685 Weaver Street - Block 103 Lot 5 William Zimmermann, Recreation Superintendent, and Shimon Gitlitz, Engineer, appeared for the Town. Mr. Trachtman stated that a building had been demolished leaving a concrete slab. Footings for columns had been constructed for the outdoor play site, within the perimeter of the existing concrete slab. On motion of Mrs. Jacobson, seconded by Mr. Fay, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed Planning Board July 15, 1993 -4- action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is an 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 Mr. Fay, seconded by Mr. Murray, the following resolutions were unanimously adopted. WHEREAS, the Town of Mamaroneck has applied for a permit for the premises at 685 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 103 Lot 5 pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined'that the proposed action is a Type II action which will not have a negative effect upon the environment and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 86-6(D), that the activity proposed is of a minor nature and is compatible pursuant to 6NYCRR 665.7; WHEREAS, a Public Hearing pursuant to Local Law #7 of 1986 having been dispensed with; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to affect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alternative, and (C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 3. The proposed activity will result in no more than insubstantial degradation to, or loss of any part of the wetland because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; Planning Board July 15, 1993 -5- Q BE IT FURTHER RESOLVED, that the application of the Town of Mamaroneck for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. This permit is personal to the applicants and may not be transferred to any other individual, entity or a combination thereof; 2. All debris is to be removed prior to the completion of the project. Construction must be in accordance with the requirements of the Town Surface Water, Erosion and Sedimentation Control Law. 3. Work involving site preparation shall only take place from Monday through Friday between the hours of 8:30 AM and 4:30 PM. 4 4. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. APPROVAL OF MINUTES On motion of Mrs. Jacobson, seconded by Mr. Fay, the minutes for the meeting of June 9, 1993 were adopted ADJOURNMENT On motion of Mr. Murray, seconded by Mrs. Jacobson, the meeting was adjourned at 11:10 PM. 0