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HomeMy WebLinkAbout1995_06_07 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF NECK JUNE 7, 1995, IN THE COURT ROOM, TOXIN CENTER 740 WEST BOSTON POST ROAD MAC, NEW YORK Present: Marilyn Reader, Chair Richard Darsky Linda Harrington Alan Murray C. Alan Mason Absent: Gabriel Fay Edward Gonye Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Lisa Parilla, Public Stenographer Kazazes and Associates Suite 24, 250 Fast Hartsdale Avenue Hartsdale, NY 10536 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Mrs. Reader at 8:22 PM. She weld the new member of the Board, C. Alan Mason, a local dentist and lawyer and long-time member of the Coastal Zone Management Commission, and stated that he should enjoy his Planning Board work in light of his long service with the CZMC. As the proper quorum was not present at this point in the meeting, the approval of minutes was deferred until later in the meeting. Mr. Murray was late; the votes in the beginning of the meeting reflect his early absence. PUBLIC HEARING - Special Permit - J. B. Tipton (Restaurant) - John Caldararo - 1420 Boston Post Road (11 Alden Road) - Block 409 Lot 131 Barry Marcus, attorney, appeared with Mr. Caldararo who is one of the partners in the restaurant and James Fleming, President of 11 Alden Tenants Corporation. On motion of Mr. Darsky, seconded by Mrs. Harrington 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. Mr. Marcus stated that the new restaurant was replacing one known as Ca sey's, that the seats in the eating area were being reduced fran seventy Planning Board June 7, 1995 -2- to sixty-four, that the seats in the bar would be less than with the previous occupancy, and that the restaurant would be more formal. The evening parking, arranged by mutual goodwill, will be at Ecco Leasing across the Boston Post Road with approximately seventy spaces. Mr. Caldararo stated that a full-time security guard with iridescent jacket and flashlight will be on duty at the parking area. Mr. Fleming, also a member of the Board of Architectural Review, reported that said Board had approved the signage and awning and mandated the planting of three zelcovas along the street plus espaliered trees/shrubs for the part of the building closest to Mamaroneck Village. The application had also gone before the Traffic Committee and been reviewed by the Police Chief. The Chief had no objections to the continuance of a restaurant at this location, and the Traffic Committee suggested signs within the restaurant to warn patrons to use the walk signals. It also suggested contacting the State to install larger signs on the signal poles for pedestrian ease in finding the signal button. Mr. Marcus stated that his clients were willing to install interior signs to notify patrons to look for the "Walk" buttons. The applicant requested hours of operation fran 11 AM to 1 AM, seven days a week. On motion of Dr. Mason, seconded by Mr. Darsky, it was unanimously, by a vote of 4-0 RESOLVED, that the Public Hearing be, and hereby is, declared closed. • On motion of Mr. Darsky, seconded by Mrs. Harrington, the following resolution was unanimously adopted by a vote of 4-0. WHEREAS, John Caldararo, d/b/a J.B. Tiptons, submitted an application for a Special Permit use for a restaurant located at 1420 Boston Post Road, (11 Alden Road) , Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lots 131; and WHEREAS, a Public Hearing having been held on June 7, 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, the Police Chief, and the Traffic Committee and having heard interested members of the public. Planning Board JUne 7, 1995 -3- NOW, FORE, 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 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, 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, Rafety 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 John Caldararo, d/b/a J. B. Tiptons, for a Special Permit for a restaurant on the premises subject to the following tArmq and conditions. 1. The hours of operation shall be fran 11 AM to 1 AM, seven days a week. 2. The applicant shall adhere to the conditions stipulated by the Board of Architectural Review. CONSIDERATION OF SPECIAL PERMIT - Nathan's Famous (Restaurant) - 1265 Boston Post Road - Block 412 Lot 449 Appearing for Nathan's Famous Operating Corp. were Bob Barma; Randy Watts, District Manager; and Caldrone Ahrush, General Manager. They were accompanied by their lawyer, Edward A. Davidson, and Ron Getlan of Melron Corporation, who is the owner of the building and operator of the game roan behind the restaurant. Mr. Davidson stated that the restaurant would reopen under the management of the corporate entity as KSS, the former franchisee, had gone bankrupt. Nathan's Famous Operating Corp. has been paying rent since May 15, 1995 and has kept 20 experienced personnel on its payroll. The corporate gentlemen at the meeting have decades of experience in the restaurant business, and the corporation is publicly held. Mr. Getlan stated that the closest Nathan's was on Central Avenue in Yonkers and that the lease in the Town was for 20 more years. Mr. Davidson stated that the restaurant had gained approval fran the County Board of Health to reopen and requested that Special Permit approval be granted that night so that the restaurant could reopen the next day. Planning Board June 7, 1995 -4- It was Mr. Silverberg's decision that a Special Permit could not be granted without a Public Hearing. Mr. Darsky stated that if the Planning Board were to make an informal decision for the Building Inspector it would be acting in a way that was arguably contradictory to its authority. The Board was sympathetic to the situation of the corporation, the owner and the employees and, within the restraints imposed by noticing requirements, agreed to hold a special meeting. On motion of Mrs. Harrington, seconded by Mrs. Reader, it was unanimously, by a vote of 4-0 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 SEQPA. On motion of Dr. Mason, seconded by Mrs. Harrington, it was unanimously RESOLVED, that this Board hereby sets Thursday, June 22, 1995 at 8:00 AM as the date and time for a Public Hearing for the application of Nathan's Famous Operating Corp. for a Special Permit; 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. CONSIDERATION OF SPECIAL PERMIT - Tai Yung Yao d/b/a Danny Ring's Restaurant - 176 Myrtle Blvd - Block 133 Parcel 642 Mr. Tai appeared with Anthony Rinear, his colleague. They were accompanied by Dr. and Mrs. John McIntyre, the owners of the building. The restauranteurs stated that they have cleaned the premises and intend to operate a Chinese/Japanese take-out facility which would be open seven days a week from 11 AM to 10 PM. They stated that they were from Queens and had managed other restaurants. Dr. McIntyre stated that it is his intention to upgrade the building and fix the sidewalk and that the proposed operation was a "Man and Pop Operation". On motion of Mrs. Reader, seconded by Mr. Darsky, it was unanimously, by a vote of 4-0 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 Planning Board June 7, 1995 -5- FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as det-prmined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mrs. Harrington, seconded by Mr. Darsky, it was unanimously RESOLVED, that this Board hereby sets Thursday, June 22, 1995 at 8:00 AM as the date and time for a Public Hearing for the application of Tai Yung Yao d/b/a Danny Ring's Restaurant for a Special Permit; 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. PRELIMINARY CONSIDERATION - Subdivision - Robert F. Svoboda - 1152 Old White Plains Road - Block 340 Lot 295 (Mr. Murray entered the meeting during this part of the agenda.) Mr. Svoboda appeared with Thomas Constabile, attorney, who is the partner of the attorney-of-record, William E. Maker, Jr. Mr. Constabile explained that two plans had been filed for the two-lot subdivision. The applicant prefers Plan No. 1 as an additional curb cut on Old White Plains Road would be eliminated. He stated that there are other comparable accesses within the neighborhood and that entry over a • •••sed easement is in the process of negotiation. Mr. Constabile reques =.' .-t discussion of the merits of the application be deferred until of - the proposed easement is negotiated and requested that the Planning Board declare itself Lead Agency and set a Public Hearing. Mr. Silverberg stated that Section 280-A would be an issue with Plan No. 1 as New York State Town Law requires that houses be built on a named street. In this instance access would be through an existing driveway. There are twenty-five feet of property for the proposed house on Old White Plains Road. Mrs. Reader requested a copy of the 1947 deed to which reference was made, photographs of the site and neighboring areas of the road. Mr. Trachtman requested information about utilities and piping. On notion of Dr. Mason, seconded by Mrs. Harrington, RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining n_ixg 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 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 Planning Board June 7, 1995 -6- FURTHER RESOLVED, that notice of Lead Agency designation be posted, filed, and distributed to other interested agencies as required; and it is FURTHER RESOLVED, that this matter shall be referred to the Cnastal Zone Management Commission for review. On motion of Mrs. Harrington, seconded by Dr. Mason, it was unanimously RESOLVED, that this Board hereby sets Wednesday, July 12, 1995 at 8:15 PM as the date and time for a Public Hearing for the application of Robert F. Svoboda for a two-lot Subdivision; 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. APPROVAL OF MINUTES On motion of Mr. Murray, seconded by Mr. Darsky, the minutes of May 10, 1995 were approved as corrected, by a vote of 4-0-1, Dr. Mason abstaining as he was not a member of the Planning Board at the time of the meeting. ADJOURNMENT On motion of Dr. Mason, seconded by Mr. Murray, the meeting was adjourned unanimously, 5-0, at 9:30 PM. 414,141.-L- (6%,-14_,A1.4..// Bonnie M. Burdick