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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 -2- 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 -3- 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 O 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; a May 13, 1992 -4- 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 -5- 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 O operations of any permitted use not requiring a Special Permit. May 13, 1992 -6- 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. 0 May 13, 1992 -7- 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 -8- 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