HomeMy WebLinkAbout1992_05_13 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
MAY 13, 1992, IN THE COURT ROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Patricia Latona, Acting Chairman
Jerry Donatelli
Gabriel Fay
Edward Gonye
Norma Jacobson
Alan Murray
Absent: Sanford A. Bell
Also Present: Steven M. Silverberg, Counsel
Gary Trachtman, Consulting Engineer
Bonnie M. Burdick, Recording Secretary
Marci Dustin, Public Stenographer
Kazazes & Associates
250 East Hartsdale Avenue
Hartsdale, NY 10528
CALL TO ORDER
The meeting was called to order by Acting-Chairman Latona at 8:18 PM.
PUBLIC HEARING - Draft Environmental Impact Statement and Subdivision
Application - R. Diforio
707 Weaver Street
Block 102 Lots 1 and 181
On motion of Mr. Murray, seconded by Mrs. Jacobson, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared
re-opened.
The Public Stenographer was present for this application and her
transcript will become a permanent part of this record.
William Maker, attorney; Nanette Bourne, planner; and Mr. and Mrs.
Diforio were present for this application. Ms. Bourne reiterated the
history of the project and gave an overall view of the plans. She stated
that the new lots are comparable with other ones in the neighborhood.
Shirley Tolley appeared on behalf of CZMC. She stated that the
Commission would be submitting its report. Its main concern is the
intermittent flooding that occurs at the low part of the property. She
questioned whether there was an underground stream at this point and
requested more hydrological and drainage studies.
May 13, 1992
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Andy Kahn, 5 Lakewood Lane, stated that the wet tendencies of the area
did not allow trees to flourish. One of his had died.
Ross Provenmire of Clark Environmental Services appeared on behalf of the
Paleys and Kahns. He, too, questioned the drainage and wondered what the
placement of the houses on graded pads would do to the customary route of
runoff. He stated that the soil information may well be inaccurate as it
is for a site less than two acres. He doubted the efficaciousness of the
oil separators; dissolved materials would pass into Goodliffe Pond.
Elizabeth Lehman of the L.I.F.E. Center and the Friends of the Reservoir
had doubts about the pesticide list and wondered how such use could be
monitored.
Louise Perez, chairman of the CAC, appeared. She wondered whether the
drainage calculations were accurate and stated that it was very likely
trees would die; tree wells did not work in the Fenbrook subdivision.
She also questioned who would do maintenance of the catch basins.
David Paley of 705 Weaver, representing himself, the Kahns and the Noys,
appeared. He submitted an indexed record of the written submissions for
the case to date. He stated that the drainage situation on Weaver Street
is already bad; the State pays no attention to his letters. Further
development will exacerbate the situation. It is Mr. Paley's
understanding that there will be an easement along the adjoining property
owners' lines for utilities; he feels 20 mature trees will be threatened.
He stated that an additional lot was being added to the original Maloof
subdivision. He and his neighbors feel that this is inappropriate and
unfair.
Mr. Diforio stated that he pays taxes on three lots, not two - one in New
Rochelle and two in the Town.
Hunter Meighan, an attorney appearing for Edith Piper of 711 Weaver
Street, stated that she is vehemently opposed to development and feels
that a great deal more traffic would be generated than forecast.
C. Alan Mason of the CZMC stated that he questioned the effectiveness of
the outflow pipe. It is his opinion that it will be constantly full.
Eli Noy, 4 Lakewood Lane appeared. He stated that the inlet road is
really only 15 feet wide - very narrow in his opinion.
Mr. Maker stated that the appropriate comments will become part of the
Final EIS. The comment period will end May 26, 1992, and the applicant
agrees to extend the 45-day period.
May 13, 1992
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Mr. Silverberg stated that, after the Board accepts the FEIS, the public
may comment.
On motion of Mrs. Jacobson, seconded by Mr. Murray, it was unanimously
RESOLVED, that the Public Hearing on the DEIS be, and hereby is,
declared closed.
On motion of Mr. Gonye, seconded by Mr. Donatelli, it was unanimously
RESOLVED, that the Public Hearing on the subdivision be , and hereby
is, declared adjourned.
The applicant shall do the FEIS.
PUBLIC HEARING - Special Permit Application - Getty Petroleum Corporation
2385 Boston Post Road
Block 505 Lot 415
On motion of Mr. Donatelli, seconded by Mr. Murray, 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 Mr. Murray, seconded by Mrs. Jacobson, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared
closed.
R.J. Snyder, agent for Getty, appeared. He stated that the gas station
operation is remaining the same; only a change of ownership has occurred.
On motion of Mrs. Jacobson, seconded by Mr. Murray, the following
resolutions were unanimously adopted.
WHEREAS, Getty Petroleum Corporation, Inc. has submitted an
application for a Special Permit for use of premises at 2385 Boston
Post Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 505 Lot 415 as a gasoline station; and
WHEREAS, the Planning Board determined that it was the Lead Agency
for this action and determined that it was a Type II Action under
applicable SEQRA regulations; and
WHEREAS, a Public Hearing having be held on May 13, 1992 pursuant
to notice; and
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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;
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May 13, 1992
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NOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate a
gasoline station is granted to Getty Petroleum Corporation, Inc. for
premises located at 2385 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. That the proposed use is in general harmony with the
surrounding area and does not adversely impact on
adjacent properties due to the traffic generated by
the said use or the access of traffic from said use
onto and off of adjoining streets.
2. That the operations in connection with the Special
Permit use will not be more objectionable to nearby
properties by reason of noise, fumes, vibrations,
flashing of lights or other aspects than would be the
operations of any permitted use not requiring a
Special Permit.
3. That the proposed Special Permit use will be in
harmony with the general health, safety and welfare
of the surrounding area and that by the nature of its
particular location it will not adversely impact upon
surrounding properties or surrounding property
values.
B. 1. The gasoline station shall be permitted to operate
from 7 AM - 10 PM Monday through Friday, 8 AM - 9 AM
on Saturday and 8 AM - 8 PM Sunday. .
2. Traffic ingress and egress and traffic patterns on
the site shall be as shown on the plans.
3. This Special Permit is subject to termination
requirements in Section 89-53 of the Zoning Code of
the Town of Mamaroneck.
4. Any exterior lighting shall be directed toward the
building.
5. The applicant shall maintain a buffer zone 10 feet
wide next to the residential lot to the south.
PUBLIC HEARING - Special Permit Application - Village Square Bagels -
1262 Boston Post Road
Block 407 Lot 192
On motion of Mr. Murray, seconded by Mr. Donatelli, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared
opened.
May 13, 1992
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The Public Stenographer was present for this application and her
transcript will become a permanent part of this record.
On motion of Mr. Murray, seconded by Mrs. Jacobson, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared
closed.
John Mercaldi, the owner, appeared on behalf of his application. He
stated that the shop would be open from 6 AM to 6 PM, seven days a week
and that the parking and sanitation were adequate for his needs.
On motion of Mr. Murray, seconded by Mr. Donatelli, the following
resolutions were unanimously adopted.
WHEREAS, Village Square Bagels has submitted an application for a
Special Permit for use of premises at 1262 Post Road and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 407 Lot
192 as a takeout restaurant; and
WHEREAS, the Planning Board determined that it was the Lead Agency
for this action and determined that it was a Type II Action under
applicable SEQRA regulations; and
WHEREAS, a Public Hearing having be held on May 13, 1992 pursuant to
notice; 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;
NOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate a
takeout restaurant is granted to Village Square Bagels for premises
located at 1262 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. That the proposed use is in general harmony with the
surrounding area and does not adversely impact on
adjacent properties due to the traffic generated by
the said use or the access of traffic from said use
onto and off of adjoining streets.
2. That the operations in connection with the Special
Permit use will not be more objectionable to nearby
properties by reason of noise, fumes, vibrations,
flashing of lights or other aspects than would be the
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operations of any permitted use not requiring a
Special Permit.
May 13, 1992
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3. That the proposed Special Permit use will be in
harmony with the general health, safety and welfare
of the surrounding area and that by the nature of its
particular location it will not adversely impact upon
surrounding properties or surrounding property
values.
B. 1. The takeout restaurant shall be permitted to operate
from 6 AM - 6 PM seven days a week.
2. Traffic ingress and egress and traffic patterns on
the site shall be as shown on the plans.
3. This Special Permit is subject to termination
requirements in Section 89-53 of the Zoning Code of
the Town of Mamaroneck.
CONSIDERATION OF SPECIAL PERMIT APPLICATION - Miracle Auto Repairs, Inc.
2430 Boston Post Road
Block 503 Lot 421
Donald Mazin, attorney; Fred Kellogg, engineer; and Jack Eisenberg,
owner, appeared. They stated that Mr. Eisenberg will be taking over All
Tune and Lube. The operation will be very similar although the shop will
not be a franchise. No major engine jobs will be done, just tuneups.
Mr. Eisenberg was amenable to changing the color of the building.
On motion of Mr. Donatelli, seconded by Mrs. Jacobson,
RESOLVED, that the Planning Board of Appeals 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 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. Murray, seconded by Mr. Donatelli, it was unanimously
RESOLVED, that this Board hereby sets Wednesday, June 10, 1992 at
8: 15 PM as the date and time for a Public Hearing for the
application of Miracle Auto Repairs for an auto repair shop; 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.
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May 13, 1992
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CONSIDERATION OF SPECIAL PERMIT APPLICATION - Fu Sau Poon
1262 Boston Post Road
Block 407 Lot 192
Kan Wang appeared as a translator. She stated that Mr. Fu wishes to have
tables to better serve his customers and to keep the Town clean. He
proposes 4 tables and 16 chairs. The hours are from 11 AM - 10:30 PM
Monday through Thursday, 11 AM - 11 PM Friday and Saturday and 12 noon to
10:30 PM.
On motion of Mrs. Jacobson, seconded by Mr. Donatelli, it was unanimously
RESOLVED, that the Planning Board of Appeals 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 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. Murray, seconded by Mr. Donatelli, it was unanimously
RESOLVED, that this Board hereby sets Wednesday, June 10, 1992 at
8:15 PM as the date and time for a Public Hearing for the
application of Fu Sau Poon for an auto repair shop; 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.
PRE-SUBMISSION REVIEW - Town of Mamaroneck
1361 Boston Post Road
Block 411 Lot 169
Supervisor Silverstone and Administrator Altieri appeared with Brad
Perkins and Martin Sifring from Perkins and Eastman Architects. They
stated that in response to the need for affordable housing they had
designed a series of two and a-half story, "stick-built" units. There
will be 54 rental apartments in all. Each building will contain 3 living
units and have a 3 garages. Spaces will vary from a 1 bedroom unit to 2
bedrooms with a loft. Utilities will be individually controlled, and
there will be washers and dryers in each apartment. There will be
provision for the handicapped, and there may be a shared unit for the
elderly. Negotiations are being held for obtaining nine parking spaces
in the Hommocks School lot from the School System.
Mrs. Silverstone stated that there had been a flood of applications for
the proposed apartment. She felt that occupancy could be limited to
residents, volunteers and workers of the Town. Mr. Altieri stated that
the Town will own the property and lease it to a local housing authority
which will be set up by the State.
May 13, 1992
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This Board will formally discuss this proposition in June.
APPROVAL OF MINUTES
On motion of Mr. Murray, seconded by Mr. Donatelli the minutes for March
and April were approved.
ADJOURNMENT
On motion of Mr. Murray, seconded by Mrs. Jacobson, the meeting was
adjourned at 10:55 PM. •
Bonnie M. Burdick
C