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HomeMy WebLinkAbout1992_10_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK OCTOBER 14, 1992, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford Bell, Chairman Jerry Donatelli Gabriel Fay Norma Jacobson Alan Murray Absent: Edward Gonye Sal Iacono Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Karen Brideau, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Ellen Morse, Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:25 PM. PUBLIC HEARING - Application for Renewal of Special Permit for a restaurant - KSS Holding, Inc. (Nathan's Famous) 1265 Boston Post Road - Block 412 Lots 439 and 449 On motion of Mr. Donatelli, seconded by Mr. Murray, 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. On motion of Mr. Murray, seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Edward Davidson, attorney, appeared with Eric Silver, a partner in KSS Holding, Inc. which is a franchisee of Nathan's Famous. Melron Amusement Corp. is the owner of the building and operates the game room. KSS is a lessee of Melron. The Building Department had not reported any complaints about rowdiness, or trash smells. C Planning Board October 14, 1992 -2- On motion of Mr. Donatelli, seconded by Mr. Fay, it was unanimously 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 SEQRA On motion of Mr. Murray, seconded by Mr. Donatelli, the following resolutions were unanimously adopted. WHEREAS, KSS Holding Corp. , with the consent of Melron. Amusement Corp. , doing business as Nathan's Famous has submitted an application for a Special Permit use for a facility providing restaurant services and a video and other game room entertainment located at 1265 Boston Post Road, Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Lots 439 and 449; and WHEREAS, a Public Hearing having been held on October 14, 1992 pursuant to notice; and WHEREAS, the Planning Board having considered the application for a 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 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 Planning Board October 14, 1992 -3- 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 (Boston Post Road to the West, commercial establishments and restaurant uses to the North and South and a buffered zone between the site and the residential area to the East). It will not adversely impact upon surrounding properties or surrounding property values. 4. There are no existing violations of the Zoning Ordinance on the property which is the subject of this application. BE IT FURTHER RESOLVED, that this Board approves the application of Melron. Amusement Corp. as lessor and KSS Holding Inc. (Nathan's Famous) as franchiser for a Special Permit for continuation of the restaurant on the premises under the name of Nathan's Famous and continuation of the game room and entertainment room on the premises under the current operation subject to the following terms and conditions. 1. All refuse shall be stored in an enclosed area which shall also enclose a covered dumpster, and the dumpster shall be emptied a minimum of two times per week. 2. The hours of operation of the restaurant portion of the premises shall be no later than one hour after the game room closing time set forth by the Town of Mamaroneck Mechanical Amusement Device Law. 3. In addition to the grounds for expiration and revocation set forth in Sections 89-52 and 89-53 of the Zoning Code of the Town of Mamaroneck, should KSS Holding, Inc. , cease to operate the restaurant portion of the premises, the Special Permit granted herein shall be deemed revoked. CONTINUED CONSIDERATION OF SITE PLAN APPLICATION AND FOR REPORT OF TRAFFIC COMMITTEE - Town of Mamaroneck (Hommocks Park Apartments) 1361 Boston Post Road, Block 411 Lot 169 The Board at its previous meeting had approved this application, subject to input from the Traffic Committee, due to of the nature of the intersection. The report of the Committee will become part of the record. On motion of Mr. Donatelli, seconded by Mr. Fay, the following resolutions were unanimously adopted. WHEREAS, the Town of Mamaroneck has submitted an application of Site Plan Approval for the construction of apartments located at 1361 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Lot 169; and WHEREAS, the Planning Board has been designated lead agency and has conducted and completed proceedings pursuant to SEQR; and Planning Board October 14, 1992 -4- WHEREAS, the Zoning Board has previously granted variances regarding the increase in ground coverage, the use of 11 off-site parking spaces, the use of an off-street parking lane without a loading zone and the construction of a four-bedroom, senior-shared occupancy unit; and WHEREAS, the Board of Architectural Review has indicated its approval of the design; and WHEREAS, the Planning Board has reviewed all of the submissions by, and on behalf of, the applicant, all correspondence from Town officials, the Town Fire Department, the Consulting Engineer to the Town, and the Coastal Zone Management Commission and members of the public, and Public Hearings having been held pursuant to notice on July 8, 1992 and September 9, 1992; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby granted for the application submitted by the Town of Mamaroneck, subject to all terms and conditions set forth herein. I. General Requirements All site work, traffic controls, landscaping, storm water drainage and treatment systems shall be in accordance with and subject to certain revision dates of the plans submitted, as follows: A. Project Development Plan, S-1, dated 5-26-92, Perkins Eastman & Associates. B. Elevation Plan, A-1, dated 5-26-92, Perkins Eastman & Associates. C. Site Plan sketch, dated 4-30-92, Perkins Eastman & Associates. II. Compliance with SEQR A. Consistent with social, economic, and other essential considerations of State policy, to the maximum extent practicable from reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form; and B. All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms, and addendum thereto, and all special requirements and modifications set forth herein. Planning Board October 14, 1992 -5- III. Special Requirements A. Water Retention and Drainage The design of the drainage mechanism shall be subject to the approval of plans submitted to the Town's Consulting Engineer. B. Erosion and Sedimentary Control - (During Construction) 1. Erosion and sedimentation control plans shall be based on the standards presented in the Westchester County Best Management Practices manual for construction-related activities. 2. The control plan shall include a construction timetable and an inspection schedule. C. Traffic 1. The design of the entrance access to the apartment shall include an extension of curbing that will absolutely prohibit a left-turn movement from Hommocks Road into the entrance for the apartment. 2. An "Entrance Only" sign shall be installed at the access nearest the Boston Post Road. 3. The radius of the curbing at the entrance/exit to the apartments near the Hommocks School shall be cut back to allow easier two-way, traffic flow. 4. The Planning Board requires that an extra crossing guard or a policeman be stationed at the Hommocks Road/Boston Post Road intersection for an hour at school arrival time to increase the passage of traffic. 5. During construction, there shall be no movement of trucks to and from the site during school opening and dismissal hours. PRESUBMISSION CONFERENCE - Subdivision Application - Julius Silverstein 5 Prince Willow Lane - Block 333 Lot 1074 Mr. Silverstein appeared with Jefferson Meighan, attorney. A builder experienced in the Town, he has a contract to buy the property in question which has an existing house. Mr. Silverstein would demolish the house and build two houses on the half acre lots. He would preserve the trees and was reminded of the Tree Law procedures by Mr. Silverberg. Mr. Trachtman needs to see sewer and water connections and the grading scheme. Planning Board October 14, 1992 -6- On motion of Mr. Donatelli, seconded by Mr. Fay, it was unanimously RESOLVED, that this Board hereby sets Wednesday, November 11, 1992 at 8:15 PM as the date and time for a Public Hearing for the application of Julius Silverstein for Subdivision 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. PRESUBMISSION CONFERENCE - SITE PLAN APPLICATION - Craig Sundahl DDS - 3-5 Byron Place - Block 132 Lot 440 Appearing were Craig and Claire Sundahl; Dolores Battalia, attorney; Lawrence Gordon, architect and Howard Lieberman, engineer. Dr. Sundahl wants to construct a two-story professional building of approximately 3500 square feet. He would practice on the first floor and rent the second floor to another professional. The basement will be used by Dr. Sundahl for files, a staff lunchroom and storage. The lot is in the BMUB District which was developed in the Master Plan Update , and this use is permitted as of right. Mrs. Battalia stated that this site is across from the Clocktower Building and will replace a multi-family, illegally-used house whose owner was in arrears to the Town for $50,000 in taxes. The house has been demolished legally. Mr. Gordon stated that the building will have an elevator and will be completely accessible for the handicapped. Ten to eleven parking spaces will be provided; eighteen are required under the Zoning Code. The applicant expect to be able to use four space in the Town lot on Maxwell Avenue for his staff. The parking issue is the only one which must go before the Zoning Board. On motion of Mrs. Jacobson, seconded by Mr. Fay, it was unanimously 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 an Unlisted Action which may have a significant impact on the environment as determined by New York State or corresponding local law. AND IT IS FURTHER RESOLVED, that this matter shall be referred to the Coastal Zone Management Commission. Planning Board October 14, 1992 -7- On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that this Board hereby sets Wednesday, November 11, 1992 at 8:15 PM as the date and time for a Public Hearing for the application of Craig Sundahl for 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. APPROVAL OF MINUTES On motion of Mr. Bell, seconded by Mr. Donatelli, the minutes of September 9, 1992 were approved. ADJOURNMENT On motion of Mr. Murray, seconded by Mr. Fay, the meeting was adjourned at 9:35 PM. f�4 /61 ' L�-�-�Gc Bonnie M. Burdick