HomeMy WebLinkAbout1994_07_21 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
i� JULY 21, 1994, IN THE COURT ROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Marilyn Reader, Chair
Richard Darsky
Gabriel Fay
Linda Harrington
Alan Murray
Joel Negrin
Absent: Edward Gonye
Also Present: Elaine Price, Supervisor
Valerie Moore O'Keeffe, Councilwoman
Steven M. Silverberg, Counsel
Gary Trachtman, Consulting Engineer
Eve Nudelman, Environmental Coordinator
C. Alan Mason, Chairman CZMC
Richard Young, CZMC
Barbara Terranova, Public Stenographer
Kazazes and Associates
Cv
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 8:20 PM.
APPROVAL OF MINUTES
On motion of Mrs. Harrington, seconded by Mr. Fay, the minutes of the
meeting of April 13, 1994 were unanimously approved, 5-0 , as amended.
On motion of Mr. Negrin, seconded by Mr. Murray, the minutes of the
meeting of May 11, 1994 were unanimously approved, 5-0, as amended.
PUBLIC HEARING - Special Use Permit - Sean P. Hall d/b/a Auto Creations -
5 Fifth Avenue - Block 132 Lot 609.
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.
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Planning Board
July 21, 1994
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Mr. Hall appeared. He stated that his business was washing, buffing
and detailing cars. Also, stereos, phones, alarms and the like are
installed. The hours are 8 - 6 PM Monday through Saturday and 9 - 3
PM on Sundays.
On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared
closed.
On motion of Mr. Negrin, seconded by Mr. Murray, the following resolution
was unanimously adopted, 5 - 0.
WHEREAS, Sean P. Hall d/b/a Auto Creations submitted an application
4 for a Special Permit use for an auto detailing business located at 5
Fifth Avenue, Larchmont, New York, and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 132 Lot 609; and
WHEREAS, a Public Hearing having been held on July 21, 1994 pursuant
to notice; and
IWHEREAS, the Planning Board having considered the application for a
C 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 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.
4 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
4
surrounding property values.
Planning Board
July -3 1994
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BE IT FURTHER RESOLVED, that this Board approves the application of
Sean P. Hall d/b/a Auto Creations, Inc. for a Special Permit for a
auto detailing business subject to the following terms and
conditions.
1. The permitted activities are car washing, auto detailing,
and buffing and installation of radar, alarms, phones and
stereos.
2. The permit holder is prohibited from doing body work or
from painting cars.
3. The hours of operation of the store shall be 8 AM to 6 PM,
Monday through Saturday and 9 AM to 3 PM on Sundays.
CONSIDERATION - Subdivision - Bonnie Briar Syndicate, Inc. - Bonnie Briar
Country Club - 808 Weaver Street - Block 201 Lot 19.
Adam Wekstein, attorney for the Syndicate, appeared. He stated that it
was his opinion that the recreation zoning amendment passed by the Town
Board on July 20, 1994 had not yet been filed with the Secretary of State
4 C of New York and, therefore, was not yet effective. Nor, in Mr. Wekstein's
opinion, was the law constitutional. He asked that the Planning Board
declare itself Lead Agency and proceed with consideration of the
application.
Mr. Silverberg suggested that the Board take no further action as it
could not take any action at the meeting which would result in the
approval of the subdivision. He stated that a copy of the amendment to
the Zoning Ordinance had been given Bonnie Briar Country Club that day
and that Mr. Wekstein's firm had been present at the Town Board. The law
was either effective as to Bonnie Briar or would take effect within
4 days. Any action at that time on the matter was an exercise in futility
in Mr. Silverberg's opinion.
On motion of Mrs. Harrington, seconded by Mr. Murray, the application for
a subdivision by the Bonnie Briar Syndicate was tabled unanimously, 5-0.
CONSIDERATION - Fresh Water Wetlands and Water Courses Permit - Nantucket
Home Builders (George Braverman) - Lot No. 7 Fenbrook
Drive - Block 309 Lot 7.
The applicant and his architect were not present when called. Mrs.
Reader put the matter over to later in the meeting.
4CCONSIDERATION - Subdivision - Gila Lourie - 109 Griffen Avenue
Block 305 Lot 903.
Mrs. Lourie appeared with Gabriel Senor, Engineer. They had submitted a
preferred plan and an alternate one. The latter one shows the
installation of a municipal road, and this plan would disturb the stream
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mnra.
Planning Board
July 21, 1994
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The original submission would have a shared driveway and easements for
the sanitary sewer. The County has an easement for a storm sewer and,
according to Mr. Senor, has no objections to the subdivision. He stated
that the applicant would meet any requirements the County might make. No
approach to the DEC or the Army Corps of Engineers has yet been made.
Mr. Senor agreed that the proposed house could be located farther away
from the Sheldrake. The utilities would branch off the existing ones.
On motion Mr. Murray, seconded by Mr. Fay, it was unanimously, 5-0,
RESOLVED, that the Planning Board intends to declare itself Lead
Agency; and it is
FURTHER RESOLVED, that this is a Type I Action which may have a
significant impact on the environment as determined by New York
State or corresponding local law and which may require further
.action under SEQRA; and it is
FURTHER RESOLVED, that the circulation of notice of intent to
declare Lead Agency to the involved agencies is directed.
Mr. Darsky entered the meeting at this time.
The matter was adjourned to the meeting of September 8, 1994 in order to
Cobtain response to the above notice and obtain a report from CZMC.
NEXT MEETINGS
The next two meetings of this Board will be Wednesday, August 10, 1994
and Thursday, September 8, 1994.
4 NANTUCKET HOME BUILDERS
Mr. Braverman appeared accompanied by his architect, Mark Mustacato. The
building had been redesigned making it 5 feet shorter to be consistent
with the recommendations of the CZMC. The applicant did not feel that
this change would effect the market value of his property.
0 Mr. Trachtman stated that with the mitigating measures planned the
project would be compatible with existing laws. Mr. Mason stated that
with the changes the CZMC had no problem with the project now.
On motion of Mr. Negrin, seconded by Mrs. Reader, it was unanimously,
6-0,
RESOLVED, that this Board hereby sets Wednesday, August 10, 1994 at
8:15 PM as the date and time for a Public Hearing for the
application of Nantucket Home Builders for a Fresh Water Wetlands
and Water Courses Permit; and be it
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Planning Board
July 21, 1994
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C 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.
CONSIDERATION - Site Plan - 11 Alden Tenants Corp. - 11 Alden Road -
Block 409 Lot 131.
Mr. Fay recused himself from this matter as he has represented the Alden
House.
Leslie Snyder, attorney, appeared on behalf of NYNEX and the Alden
House. She stated that the applicants want to install low power antennas
on the roof of the apartment building. The installation would be
concealed asthetically and would need infrequent maintenance. The
apartment house is in a business zone, and the new antennas would provide
enhanced cellular service. Mrs. Snyder asked that, under Section 66-A
8-C 1 of the Town Site Plan Law, the Planning Board waive the
requirements of compliance with Items D, E, F, G, I, J, K, L, M P, Q, R,
U and W of the Site Plan. She stated that the equipment in the garage
would have no impact on parking. Mrs. Snyder also reminded the Board of
a letter from New York State which commented on potential effects of the
installation.
William Sheridan, a Board member of the Tenants Association, stated that
the roof is alarmed and locked at all times.
Mrs. Snyder had submitted a report from Bell Labs, which she maintained
was separate from NYNEX, which troubled Mr. Negrin as there was no
signature on it and no qualifications for the author. Mrs. Snyder stated
that she would get this information. Mr. Negrin also requested a copy of
the lease agreement as he was concerned about liability.
Kevin Donohue and Lewis Kessler of NYNEX stated that the proposed
antennas would prevent dropped calls and would not provide a paging
service. Mrs. Snyder stated that thirty such installations in
Westchester have been approved; Mr. Donohue stated that one in Mount
Vernon has been denied. Mrs. Snider stated that a similar installation,
with more antennas, has been in place on the roof of the Brompton in
Larchmont Village for a number of years.
Mr. Trachtman stated that he was comfortable with waiving the parts of
the Site Plan in question.
On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously, 5-0,
moved to waive Items D, E, F, G, I, J, K, L, M, P, Q, R, U and W under
Section 66-A-8 C 1.
On motion of Mr. Murray, seconded by Mrs. Reader, it was unanimously,
5-0,
(11. RESOLVED, that the Planning Board intends to declare itself the Lead
Agency; and it is
July zi, 1. 94
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FURTHER RESOLVED, that this is a Type I Action which may have a
significant impact on the environment as determined by New York
State or corresponding local law and which may require further
action under SEQRA; and it is
FURTHER RESOLVED, that the circulation of notice of intent to
declare lead agency be made to the involved agencies.
There was discussion regarding the timing of a public hearing. Mrs.
Snyder requested that the hearing be held on August 10, 1994.
It was determined that the Board of Architectural Review which is an
involved agency next meets on August 18, 1994; and, therefore, could not
respond by August 10, 1994. In addition, Dr. Mason, chairman of the
Coastal Zone Management Commission, stated that he was not certain
whether CZMC could have a report by August 10, 1994.
Mrs. Snyder questioned whether a hearing on September 8, 1994 would be
timely.
Mr. Silverberg pointed out that the Board had only just agreed to waive
certain application requirements and that additional information
requested of the applicant had not been submitted until August 15, 1994.
On motion of Mrs. Harrington, seconded by Mr. Darsky, it was unanimously,
by a vote of 5-0,
RESOLVED, that this Board hereby sets Thursday, September 8, 1994 at
8: 15 PM as the date and time for a Public Hearing for the
application of Eleven Alden Tenants Corp. for a Site Plan Approval;
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.
FLOOD INFORMATION
During the hearings for Fenbrook Drive, Mr. Trachtman had stated that his
flood elevations from the Town's hydrological study differed from the US
Government's FEMA calculations. At the suggestion of Mr. Fay, Mrs.
Reader requested Mr. Trachtman to investigate the consequences of
questioning the Government's results.
ADJOURNMENT
On motion of Mrs. Reader, seconded by Mr. Murray, the meeting was
adjourned at 10:47 PM.