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HomeMy WebLinkAbout1995_06_22 Planning Board Minutes S MINUTES OF A SPECIAL MEETING OF THE PLANNING BOARD OF THE TOWN OF NAXK JUNE 22, 1995, IN THE COURT Rom, TAN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn Reader, Chair Richard Darsky C,ahriel Fay Linda Harrington Alan Murray C. Alan Mason Absent: Edward Gonye Also Present: Steven M. Silverberg, Counsel Lori Fletcher, Public Stenographer Kazazes and Associates Suite 24, 250 Fa4t Hartsdale Avenue Hartsdale, NY 10536 Bonnie M. Burdick, Recording Secretary 0 CALL TO CEDER 0 The meeting was called to order by Mrs. Reader at 8:05 AM. She thanked Mr. Murray, who was attending his last meeting, for his long, thoughtful 4 service to the Planning Board and the Town. PUBLIC HEARING - Special Permit - Nathan's Famous (Restaurant) - Nathan's Famous Operating Corp. - 1265 Boston Post Road - Block 412 Lot 449. On motion of Dr. Mason, seconded by Mr. Murray, it was unanimously, by a vote of 6-0 RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will became a permanent of this record. Edward A. Davidson, attorney, appeared with Robert Barma and Randy Watts fran Nathans. He thanked the Board for accommodating the application by having a special meeting and recognized the inconvenience experienced by the members. M . Davidson stated that the parent company, which will be operating the restaurant, had worked closely with the Building Inspector. He believes Nathan's should be a more financially viable operator under its own management. A neighbor on Rock Ridge Road had written to the Planning Board oanplaining about odors, noise and litter. Mr. Watts stated that r Planning Board June 22, 1995 -2- Suburban Carting will pick up garbage Mondays, Wednesdays and Fridays and could be contracted for more frequent collections, if necessary. A new dumpster, with a side opening, is in place. Every hour or every two hours an employee will pick up litter in the parking lot. If loiterers are imbibing alcohol, the police will be called as the restaurant does not sell it. The exhaust fan was cleaned this week. Plans call for it to be cleaned every three months. This schedule can be shortened, if necessary. Currently, there is no debris on the roof. Three new air conditioning units have been installed on the roof. Mr. Watts stated that the manager will make sure that the former employees are aware of the stricter standards required by the parent company. The signage will be the same as is currently in place. Julius Anger, 23 Rock Ridge Road, appeared. He stated that he hoped that the kitchen fans still vented towards the Post Road. Mr. Watts assured him that nothing had changed. On motion of Dr. Mason, seconded by Mr. Murray, it was unanimously, by a vote of 6-0 RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Dr. Mason, seconded by Mr. Darsky, the following resolution was unanimously adopted by a vote of 6-0. 1111, WHEREAS, Nathan's Famous Operating Company submitted an application for a Special Permit use for a restaurant located at 1265 Boston Post Road, Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Lot 449; and WHEREAS, a Public Hearing having been held on June 22, 1995 pursuant to notice; and WHEREAS, the Planning Board having considered the application for a Special Permit, the plans 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. 4 Planning Board June 22, 1995 -3- 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 Nathan's Famous Operating Company, for a Special Permit for a restaurant on the premises located at 1265 Boston Post Road and known on the Tax Assessment Map as Block 412 Lot 449 subject to the following terms and conditions. 1. The hours of operation shall be from 10 AM to 10 PM, Sunday through Thursday and from 10 AM to 12 midnight, Friday and Saturday. 2. All garbage shall be stored in closed dumpsters. 3. The garbage collection schedule shall be a minimum of three ) C (3) pickups a week on Monday, Wednesday and Saturday. 4. The parking lot shall be made clean of paper debris and garbage products at least twice a day. 5. The exhaust fans shall be kept in good operating condition and directed away from Rock Ridge Road and towards the Boston Post Road. 6. The air conditioners shall be kept in good repair to minimize the noise to the surrounding area. 7. The roof shall be kept free of debris. PUBLIC HEARING - Special Hearing - Tai Yung Yao d/b/a Danny King Restaurant - 176 Myrtle Boulevard - Block 133 Lot 642. Mr. Tai appeared with his colleague, Anthony Ranier, and one of the owners, Marie McIntyre. Mrs. McIntyre thanked the Board members for holding the special meeting. John Coughlin, owner of the building next door, had written to the Board complaining about the last tenant's garbage control and the greasy smells 4L, emitting from the restaurant. Mr. Ranier stated that these operators will get good raccoon-proof garbage pails and that they have cleaned the exhaust fan and changed the filters. Mrs. McIntyre stated that the tenants are required by their lease to have the hood checked every three months. Planning Board June 22, 1995 -4- Mrs. McIntyre also stated that trouble has been experienced with the water main. It is expected that the Westchester Joint Water Works and the Town will repair the sidewalk in the right-of-way. The Mclntyres plan to resurface their part of the sidewalk with new pavers and to install planting beds. This applicant has been before the Board of Architectural Review. His sign was approved subject to the repairs to the sidewalk. On motion of Dr. Mason, seconded by Mr. Darsky, it was unanimously by a vote of 6-0 RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mrs. Harrington, seconded by Mr. Darsky, the following resolution was unanimously adopted by a vote of 6-0. WHEREAS, Tai Yung Yao, d/b/a Danny King Restaurant submitted an application for a Special Permit use for a restaurant located at 176 Myrtle Boulevard, Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Lot 642; and WHEREAS, a Public Hearing having been held on June 22, 1995 pursuant to notice; and 411, WHEREAS, the Planning Board having considered the application for a Special Permit, the plans 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 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. (IP BE IT FURTHER RESOLVED, that this Board approves the application of Tai Yung Yao d/b/a Danny King Restaurant, for a Special Permit for a restaurant on the premises located at 176 Myrtle Boulevard and known Planning Board June 22, 1995 -5- on the Tax Assessment Map as Block 133 Lot 642 subject to the following terms and conditions. 1. The hours of operation shall be from 11 AM to 10 PM, daily. 2. All garbage shall be stored in tightly closed garbage cans. 3. The exhaust fan shall be maintained in good condition. 4. The applicants shall adhere to the conditions stipulated by the Board of Architectural Review. ADJOURNMENT On motion of Mrs. Harrington, seconded by Mr. Darsky, the meeting was unanimously, by a vote of 6-0, adjourned at 8:55 AM. kvvIta- Bonnie M. Burdick, Recording Sec'y 0