HomeMy WebLinkAbout1997_04_09 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
APRIL 9, 1997, IN THE SENIOR CENTER, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: C. Alan Mason, Acting Chairman
May W. Aisen
Richard H. Darsky
Edmund Papazian
Absent: Marilyn S. Reader, Chairwoman
Linda S. Harrington
Stephen Andrew Moser
Also Present: Judith M. Gallent, Counsel
Gary B. Trachtman, Consulting Engineer
Marguerite Roma, Recording Secretary
CALL TO ORDER
The meeting was called to order by Dr. Mason, acting Chairman, at 8:15 p.m.
APPROVAL OF MINUTES
Dr. Mason asked if the Board members had reviewed the draft Minutes of the January 8, 1997 meeting
and asked if there were any comments. There being none, on a motion made by Ms. Aisen, seconded by
Mr. Darsky, the Minutes of the January 8, 1997 were approved, 4-0.
CONSIDERATION -FALLON SUBDIVISION -Brian J. Fallon/Vicky Eng-97 Madison Avenue -
Block 130 Lot 181
Dr. Mason informed the Board that the matter had been postponed to the next meeting due to personal
reasons.
Dr. Mason read the next application as follows:
CONSIDERATION-FRESHWATER WETLANDS AND WATER COURSES PERMIT-Mintzer -
74 East Brookside Drive -Block 212 Lot 129
Richard Mintzer, of 74 East Brookside Drive, appeared. Mr. Mintzer said application is being made for
permission to build within the 100 ft. control zone of a wetland adjacent to East Brookside Drive and the
Sheldrake River. Mr. Mintzer said, he is also applying to the Zoning Board for a variance for the front
yard because of the location of what is proposed to be built. Mr. Mintzer said the house was purchased
in 1994 at an estate sale; the house was run down; it was built in 1925; the kitchen is extremely small.
The layout is not practical, nor a rational layout, especially on the ground floor, for his family of four.
Mr. Mintzer is proposing to expand the ground floor by approximately 400 ft. and the second floor by
approximately 120 ft. Mr. Mintzer said that being in the real estate business, he can fully understand the
need for land use rules and review processes. Mr. Mintzer also said he has seen the brook overflow,and
when the house was purchased understood there would never be the possibility of a built-out basement.
The addition was designed to have minimal impact. The lot is approximately 14,000 sq. ft., presently
coverage between the house and garage is about 9.6%. It will increase the ground coverage a net of 392
ft., increasing the coverage to about 12.4%.
Planning Board
April 9, 1997
Page 2
Dr. Mason said that most of the construction is at the back of the house, between the house and the garage,
and asked about the topography in that area.
Mr. Mintzer said that is correct, the proposed construction is entirely in the back of the house, between
the house and the garage. Mr. Mintzer said the ground slopes, and explained the elevations on the
drawings before the Board, stating that part of the lot is in the flood zone. The reasoning behind the
proposed design is tied into the request for the variance. There are three 100 year old pine trees in that
area. The proposed addition could be done as-of-right, but Mr. Mintzer does not want to do anything that
would damage the twenty-five year old vineyard or pine trees, hence he requests a variance for the
proposed addition. The property is a corner lot, with two front yards, and has a setback problem.
A discussion ensued regarding the setback, the nonconformity, the wetlands and the buffer zone.
Mr. Mintzer presented and explained two sheets of photographs to the Board, which are entered into the
record as Exhibit 1 and Exhibit 2. Mr. Mintzer said he feels the proposed work is a minimal intrusion,
and will comply with whatever the-Board requires.
Dr. Mason asked if the new construction would be on a foundation or slab.
Mr. Mintzer said the new construction will be on a foundation. Because there will be an elevation issue,
there will be a poured continuous footing under the new kitchen area then block. Mr. Mintzer said the
roots of the pine trees will be located, and footings will be put in that area under the back of the deck.
Mr. Mintzer then explained and demonstrated on the survey before the Board where the pines are located.
A discussion ensued regarding the size of pines, grape barber and footings.
Ms. Gallent said the matter is an unlisted action under SEQRA, and has to be referred to the CZMC. The
Board can hold off making a determination of significance under SEQRA until hearing from the CZMC.
This can be done at the next meeting, at which time there will be a public hearing on the matter.
On a motion made by Mr. Papazian, seconded by Ms. Aisen, it was unanimously
RESOLVED, that this matter be, and hereby is, referred to the CZMC.
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be,and hereby is,scheduled for the May 14, 1997 meeting.
Dr. Mason read the next application as follows:
CONSIDERATION -SPECIAL USE PERMIT-Guerrerio -2434 Boston Post Road-Block 503 Lot
326.1 - car wash
Dolores Battalia, attorney for the applicant, appeared stating that a change in ownership of an operation
for a Special Permit requires an appearance before the Board seeking a special permit. The new owner
is Mr. Guerrerio. Ms. Battalia said they have met with the building inspector, making some slight changes
at the building inspector's request to the site plan. Ms. Battalia said they will be appearing before the BAR
regarding the printing on the existing canopy which was replaced during a winter storm, due to letter size
being slightly larger than what is permitted.
Walter Nestler, the architect for the applicant, also appeared and addressed the Board.
Ms. Gallent asked if the changes were material changes, stating that if they are non-material changes it will
be a Type II action.
- Planning Board
April 9, 1997
Page 3
Ms. Battalia said the changes are not material changes; i.e. removing the pole sign in anticipation of the
new sign ordinance.
Mr. Nestler said the pole sign will be removed to conform to the Town of Mamaroneck signage ordinance.
Mr. Nestler said there will be a monument sign installed as shown on sheet#2, location as shown on sheet
#1 of the drawings, lower right-hand corner of the plot plan. Mr. Nestler said some of the proposed site
plan improvements include curbing and landscape planting areas as indicated on sheet#1. A planting plan
is supplied for the Board's review on sheet#3 of the plants proposed to be installed. Mr. Nestler said new
paving will be supplied throughout the site, and painted lines. Mr. Nestler said a small entrance terrace
will be installed,and will accommodate handicapped access to the building. There is an existing retaining
wall which is presently actually on Mr. Guerrerio's property but adjacent to the Staples' site, which Mr.
Guerrerio will keep as stucco and will paint.
Mr. Nestler indicated that the property is still going to be operated as a car wash. Mr. Nestler said there
is also a dumpster in the rear which will be enclosed with a fence 1 ft. higher than the dumpster, according
to zoning code requirements. All the improvements proposed are for aesthetic improvements of the site.
Dr. Mason asked if the applicant will be changing any of the procedures of the actual washing equipment.
Mr. Nestler said there is a recovery system of 85% to 90%, and the proposed renewal will be as currently
exists.
Dr. Mason asked Gary Trachtman, consulting engineer, if there is anything at the site that is
nonconforming.
Mr. Trachtman said nothing is changing on the interior,and that any previous issues were addressed some
time ago.
Ms. Battalia said there was to be a letter annually to the building inspector that the drains have all been
cleaned, and that has been done in connection with the last application in July.
Mr. Nestler said the cleaning of all the drains will also be occurring during the proposed renovation.
Mr. Trachtman stated the planting beds are within a curb area which does not now exist, and asked Mr.
Nestler to explain to the Board whether or not that will alter the surface drainage pattern in any way.
Mr. Nestler said it should not alter or impede the flow of the water, with the exception of one planting area
to the north which will go into a catch basin along the existing guard rail. Mr. Nestler said it should also
be noted that there is a street along side the property that is apparently owned by the Town. Mr. Nestler
said, as discussed with the building inspector, the applicant is proposing to plant on the Town side of the
guardrail to improve the aesthetics of the property.
Ms. Gallent asked if the conditions stated in the July certification will remain the same.
Ms. Battalia said all the conditions are the same, including hours of operation.
Mr. Nestler said as described on sheet#4 of the submission,there are a series of cautionary signs proposed
to be installed along the existing guardrail.
Ms. Aisen asked Ms. Gallent if the changes are insignificant.
Ms. Gallent said the transfer of ownership of a special permit, if there are non-material changes in the
conditions and site conditions,is a Type II under SEQRA. Ms. Gallent said the matter should be referred
to the Westchester County Planning Board, because it is a special permit within 500 ft. of a state road,
which the secretary will do.
• Planning Board
April 9, 1997
Page 4
Valerie O'Keeffe asked how high the applicant anticipates the plantings will be in the stone curbing, and
will it interfere with the site line of the individuals exiting the facility.
Mr. Nestler referred to the planting plan on sheet#3, and said the ones closest to the Post Road are not
meant to grow any taller than 18 in. to 2 ft. high.
Ms. O'Keeffe asked if the signs proposed to be located on the guardrail will be visible; i.e. on poles
Mr. Nestler said the signs will be on the right-hand side, driving through into the tunnel.
A discussion ensued regarding the size of the signs, the height of the signs and how the signs will be
anchored.
Dr. Mason asked if the signs will be set parallel to the Post Road.
Mr. Nestler said the signs will be set at a 45 degree angle to the guardrail, not parallel nor perpendicular
to the Post Road. A discussion ensued.
Mr. Nestler said the curbing will be approximately 2 ft. from the base of the guardrail, and the sign would
be angular within that space, approximately 35 in. in from the curb.
Ms. Gallent said under the Westchester County Administrative Code a ten-day notice is required to the
County Planning Board, and under the Westchester County Municipal Code it is 30 days. The Westchester
County Administrative Code controls when there is a conflict, and notice will be sent out tomorrow.
Mr. Nestler presented the pictures to the Board as Exhibit#1, which are a part of the record.
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED,that the Public Hearing be,and hereby is,scheduled for the May 14, 1997 meeting.
OTHER BUSINESS
Philip A. Leger, P.E., of Malcolm Pirnie, who was attending with Gary Trachtman and will be
representing Malcolm Pirnie in the future, introduced himself to the Board.
NEXT MEETING
The next meeting of this Board will be held on May 14, 1997.
ADJOURNMENT
On a motion made by Ms. Aisen, seconded by Dr. Mason,the meeting was unanimously adjourned at 8:45
p.m.
2yja4 /3,rc,4 -
Marguerite ma, Recording Secretary
MINUTES OF 1'Hr, REGULAR MEETING OF THE
PLANNING BOARD OF 1Hh TOWN OF MAMARONECK
APRIL 9, 1997, IN THE SENIOR CENTER, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: C. Alan Mason, Acting Chairman
May W. Aisen
Richard H. Darsky
Edmund Papazian
Absent: Marilyn S. Reader, Chairwoman
Linda S. Harrington
Stephen Andrew Moser
Also Present: Judith M. Gallent, Counsel
Gary B. Trachtman, Consulting Engineer
Marguerite Roma, Recording Secretary
CALL TO ORDER
The meeting was called to order by Dr. Mason, acting Chairman, at 8:15 p.m.
APPROVAL OF MINUTES
Dr. Mason asked if the Board members had reviewed the draft Minutes of the January 8, 1997 meeting
and asked if there were any comments. There being none, on a motion made by Ms. Aisen, seconded by
Mr. Darsky, the Minutes of the January 8, 1997 were approved, 4-0.
CONSIDERATION -FALLON SUBDIVISION - Brian J. Fallon/Vicky Eng -97 Madison Avenue -
Block 130 Lot 181
Dr. Mason informed the Board that the matter had been postponed to the next meeting due to personal
reasons.
Dr. Mason read the next application as follows:
CONSIDERATION -FRESHWATER WETLANDS AND WATER COURSES PERMIT-Mintzer -
74 East Brookside Drive - Block 212 Lot 129
Richard Mintzer, of 74 East Brookside Drive, appeared. Mr. Mintzer said application is being made for
permission to build within the 100 ft. control zone of a wetland adjacent to East Brookside Drive and the
Sheldrake River. Mr. Mintzer said, he is also applying to the Zoning Board for a variance for the front
yard because of the location of what is proposed to be built. Mr. Mintzer said the house was purchased
in 1994 at an estate sale; the house was run down; it was built in 1925; the kitchen is extremely small.
The layout is not practical, nor a rational layout, especially on the ground floor, for his family of four.
Mr. Mintzer is proposing to expand the ground floor by approximately 400 ft. and the second floor by
approximately 120 ft. Mr. Mintzer said that being in the real estate business, he can fully understand the
need for land use rules and review processes. Mr. Mintzer also said he has seen the brook overflow, and
when the house was purchased understood there would never be the possibility of a built-out basement.
The addition was designed to have minimal impact. The lot is approximately 14,000 sq. ft., presently
coverage between the house and garage is about 9.6%. It will increase the ground coverage a net of 392
ft., increasing the coverage to about 12.4%.
Planning Board
April 9, 1997
Page 2
Dr. Mason said that most of the construction is at the back of the house, between the house and the garage,
and asked about the topography in that area.
Mr. Mintzer said that is correct, the proposed construction is entirely in the back of the house, between
the house and the garage. Mr. Mintzer said the ground slopes, and explained the elevations on the
drawings before the Board, stating that part of the lot is in the flood zone. The reasoning behind the
proposed design is tied into the request for the variance. There are three 100 year old pine trees in that
area. The proposed addition could be done as-of-right,but Mr. Mintzer does not want to do anything that
would damage the twenty-five year old vineyard or pine trees, hence he requests a variance for the
proposed addition. The property is a corner lot, with two front yards, and has a setback problem.
A discussion ensued regarding the setback, the nonconformity, the wetlands and the buffer zone.
Mr. Mintzer presented and explained two sheets of photographs to the Board, which are entered into the
record as Exhibit 1 and Exhibit 2. Mr. Mintzer said he feels the proposed work is a minimal intrusion,
and will comply with whatever the-Board requires.
Dr. Mason asked if the new-construction would be on a foundation or slab.
Mr. Mintzer said the new construction will be on a foundation. Because there will be an elevation issue,
there will be a poured continuous footing under the new kitchen area then block. Mr. Mintzer said the
roots of the pine trees will be located, and footings will be put in that area under the back of the deck.
Mr. Mintzer then explained and demonstrated on the survey before the Board where the pines are located.
A discussion ensued regarding the size of pines, grape barber and footings.
Ms. Gallent said the matter is an unlisted action under SEQRA, and has to be referred to the CZMC. The
Board can hold off making a determination of significance under SEQRA until hearing from the CZMC.
This can be done at the next meeting, at which time there will be a public hearing on the matter.
On a motion made by Mr. Papazian, seconded by Ms. Aisen, it was unanimously
RESOLVED, that this matter be, and hereby is, referred to the CZMC.
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is,scheduled for the May 14, 1997 meeting.
Dr. Mason read the next application as follows:
CONSIDERATION -SPECIAL USE PERMIT - Guerrerio -2434 Boston Post Road - Block 503 Lot
326.1 - car wash
Dolores Battalia, attorney for the applicant, appeared stating that a change in ownership of an operation
for a Special Permit requires an appearance before the Board seeking a special permit. The new owner
is Mr. Guerrerio. Ms. Battalia said they have met with the building inspector, making some slight changes
• at the building inspector's request to the site plan. Ms. Battalia said they will be appearing before the BAR
regarding the printing on the existing canopy which was replaced during a winter storm, due to letter size
being slightly larger than what is permitted.
Walter Nestler, the architect for the applicant, also appeared and addressed the Board.
Ms. Gallent asked if the changes were material changes, stating that if they are non-material changes it will
be a Type II action.
Planning Board
April 9, 1997
Page 3
Ms. Battalia said the changes are not material changes; i.e. removing the pole sign in anticipation of the
new sign ordinance.
Mr. Nestler said the pole sign will be removed to conform to the Town of Mamaroneck signage ordinance.
Mr. Nestler said there will be a monument sign installed as shown on sheet#2, location as shown on sheet
#1 of the drawings, lower right-hand corner of the plot plan. Mr. Nestler said some of the proposed site
plan improvements include curbing and landscape planting areas as indicated on sheet#1. A planting plan
is supplied for the Board's review on sheet#3 of the plants proposed to be installed. Mr. Nestler said new
paving will be supplied throughout the site, and painted lines. Mr. Nestler said a small entrance terrace
will be installed,and will accommodate handicapped access to the building. There is an existing retaining
wall which is presently actually on Mr. Guerrerio's property but adjacent to the Staples' site, which Mr.
Guerrerio will keep as stucco and will paint.
Mr. Nestler indicated that the property is still going to be operated as a car wash. Mr. Nestler said there
is also a dumpster in the rear which will be enclosed with a fence 1 ft.higher than the dumpster, according
to zoning code requirements. All the improvements proposed are for aesthetic improvements of the site.
Dr. Mason asked if the applicant will be changing any of the procedures of the actual washing equipment.
Mr. Nestler said there is a recovery system of 85`7o to 90%, and the proposed renewal will be as currently
exists.
Dr. Mason asked Gary Trachtman, consulting engineer, if there is anything at the site that is
nonconforming.
Mr. Trachtman said nothing is changing on the interior, and that any previous issues were addressed some
time ago.
Ms. Battalia said there was to be a letter annually to the building inspector that the drains have all been
cleaned, and that has been done in connection with the last application in July.
Mr. Nestler said the cleaning of all the drains will also be occurring during the proposed renovation.
Mr. Trachtman stated the planting beds are within a curb area which does not now exist, and asked Mr.
Nestler to explain to the Board whether or not that will alter the surface drainage pattern in any way.
Mr. Nestler said it should not alter or impede the flow of the water, with the exception of one planting area
to the north which will go into a catch basin along the existing guard rail. Mr. Nestler said it should also
be noted that there is a street along side the property that is apparently owned by the Town. Mr. Nestler
said, as discussed with the building inspector, the applicant is proposing to plant on the Town side of the
guardrail to improve the aesthetics of the property.
Ms. Gallent asked if the conditions stated in the July certification will remain the same.
Ms. Battalia said all the conditions are the same, including hours of operation.
Mr. Nestler said as described on sheet#4 of the submission,there are a series of cautionary signs proposed
to be installed along the existing guardrail.
Ms. Aisen asked Ms. Gallent if the changes are insignificant.
Ms. Gallent said the transfer of ownership of a special permit, if there are non-material changes in the
conditions and site conditions, is a Type II under SEQRA. Ms. Gallent said the matter should be referred
to the Westchester County Planning Board, because it is a special permit within 500 ft. of a state road,
which the secretary will do.
Planning Board
April 9, 1997
Page 4
Valerie O'Keeffe asked how high the applicant anticipates the plantings will be in the stone curbing, and
will it interfere with the site line of the individuals exiting the facility.
Mr. Nestler referred to the planting plan on sheet #3, and said the ones closest to the Post Road are not
meant to grow any taller than 18 in. to 2 ft. high.
Ms. O'Keeffe asked if the signs proposed to be located on the guardrail will be visible; i.e. on poles
Mr. Nestler said the signs will be on the right-hand side, driving through into the tunnel.
A discussion ensued regarding the size of the signs, the height of the signs and how the signs will be
anchored.
Dr. Mason asked if the signs will be set parallel to the Post Road.
Mr. Nestler said the signs will be set at a 45 degree angle to the guardrail, not parallel nor perpendicular
to the Post Road. A discussion ensued.
Mr. Nestler said the curbing will be approximately 2 ft. from the base of the guardrail, and the sign would
be angular within that space, approximately 35 in. in from the curb.
Ms. Gallent said under the Westchester County Administrative Code a ten-day notice is required to the
County Planning Board, and under the Westchester County Municipal Code it is 30 days. The Westchester
County Administrative Code controls when there is a conflict, and notice will be sent out tomorrow.
Mr. Nestler presented the pictures to the Board as Exhibit#1, which are a part of the record.
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is,scheduled for the May 14, 1997 meeting.
OTHER BUSINESS
Philip A. Leger, P.E., of Malcolm Pirnie, who was attending with Gary Trachtman and will be
representing Malcolm Pirnie in the future, introduced himself to the Board.
NEXT MEETING
The next meeting of this Board will be held on May 14, 1997.
ADJOURNMENT
On a motion made by Ms. Aisen, seconded by Dr. Mason, the meeting was unanimously adjourned at 8:45
p.m.
7 i - , �
Marguerite o�ecording Secretary
MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
APRIL 9, 1997, IN THE SENIOR CENTER, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: C. Alan Mason, Acting Chairman
May W. Aisen
Richard H. Darsky
Edmund Papazian
Absent: Marilyn S. Reader, Chairwoman
Linda S. Harrington
Stephen Andrew Moser
Also Present: Judith M. Gallent, Counsel
Gary B. Trachtman, Consulting Engineer
Marguerite Roma, Recording Secretary
CALL TO ORDER
The meeting was called to order by Dr. Mason, acting Chairman, at 8:15 p.m.
APPROVAL OF MINUTES
Dr. Mason asked if the Board members had reviewed the draft Minutes of the January 8, 1997 meeting
and asked if there were any comments. There being none, on a motion made by Ms. Aisen, seconded by
Mr. Darsky, the Minutes of the January 8, 1997 were approved, 4-0.
CONSIDERATION -FALLON SUBDIVISION -Brian J. Fallon/Vicky Eng -97 Madison Avenue -
Block 130 Lot 181
Dr. Mason informed the Board that the matter had been postponed to the next meeting due to personal
reasons.
Dr. Mason read the next application as follows:
CONSIDERATION -FRESHWATER WETLANDS AND WATER COURSES PERMIT-Mintzer -
74 East Brookside Drive - Block 212 Lot 129
Richard Mintzer, of 74 East Brookside Drive, appeared. Mr. Mintzer said application is being made for
permission to build within the 100 ft. control zone of a wetland adjacent to East Brookside Drive and the
Sheldrake River. Mr. Mintzer said, he is also applying to the Zoning Board for a variance for the front
yard because of the location of what is proposed to be built. Mr. Mintzer said the house was purchased
in 1994 at an estate sale; the house was run down; it was built in 1925; the kitchen is extremely small.
The layout is not practical, nor a rational layout, especially on the ground floor, for his family of four.
Mr. Mintzer is proposing to expand the ground floor by approximately 400 ft. and the second floor by
approximately 120 ft. Mr. Mintzer said that being in the real estate business, he can fully understand the
need for land use rules and review processes. Mr. Mintzer also said he has seen the brook overflow, and
when the house was purchased understood there would never be the possibility of a built-out basement.
The addition was designed to have minimal impact. The lot is approximately 14,000 sq. ft., presently
coverage between the house and garage is about 9.6%. It will increase the ground coverage a net of 392
ft., increasing the coverage to about 12.4%.
Planning Board
April 9, 1997
Page 2
Dr. Mason said that most of the construction is at the back of the house, between the house and the garage,
and asked about the topography in that area.
Mr. Mintzer said that is correct, the proposed construction is entirely in the back of the house, between
the house and the garage. Mr. Mintzer said the ground slopes, and explained the elevations on the
drawings before the Board, stating that part of the lot is in the flood zone. The reasoning behind the
proposed design is tied into the request for the variance. There are three 100 year old pine trees in that
area. The proposed addition could be done as-of-right,but Mr. Mintzer does not want to do anything that
would damage the twenty-five year old vineyard or pine trees, hence he requests a variance for the
proposed addition. The property is a corner lot, with two front yards, and has a setback problem.
A discussion ensued regarding the setback, the nonconformity, the wetlands and the buffer zone.
Mr. Mintzer presented and explained two sheets of photographs to the Board, which are entered into the
record as Exhibit 1 and Exhibit 2. Mr. Mintzer said he feels the proposed work is a minimal intrusion,
and will comply with whatever the-Board requires.
Dr. Mason asked if the new-construction would be on a foundation or slab.
Mr. Mintzer said the new construction will be on a foundation. Because there will be an elevation issue,
there will be a poured continuous footing under the new kitchen area then block. Mr. Mintzer said the
roots of the pine trees will be located, and footings will be put in that area under the back of the deck.
Mr. Mintzer then explained and demonstrated on the survey before the Board where the pines are located.
A discussion ensued regarding the size of pines, grape barber and footings.
Ms. Gallent said the matter is an unlisted action under SEQRA, and has to be referred to the CZMC. The
Board can hold off making a determination of significance under SEQRA until hearing from the CZMC.
This can be done at the next meeting, at which time there will be a public hearing on the matter.
On a motion made by Mr. Papazian, seconded by Ms. Aisen, it was unanimously
RESOLVED, that this matter be, and hereby is, referred to the CZMC.
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is,scheduled for the May 14, 1997 meeting.
Dr. Mason read the next application as follows:
CONSIDERATION -SPECIAL USE PERMIT - Guerrerio -2434 Boston Post Road-Block 503 Lot
326.1 - car wash
Dolores Battalia, attorney for the applicant, appeared stating that a change in ownership of an operation
for a Special Permit requires an appearance before the Board seeking a special permit. The new owner
is Mr. Guerrerio. Ms. Battalia said they have met with the building inspector, making some slight changes
at the building inspector's request to the site plan. Ms. Battalia said they will be appearing before the BAR
regarding the printing on the existing canopy which was replaced during a winter storm, due to letter size
being slightly larger than what is permitted.
Walter Nestler, the architect for the applicant, also appeared and addressed the Board.
Ms. Gallent asked if the changes were material changes, stating that if they are non-material changes it will
be a Type II action.
Planning Board
April 9, 1997
Page 3
Ms. Battalia said the changes are not material changes; i.e. removing the pole sign in anticipation of the
new sign ordinance.
Mr. Nestler said the pole sign will be removed to conform to the Town of Mamaroneck signage ordinance.
Mr. Nestler said there will be a monument sign installed as shown on sheet#2, location as shown on sheet
#1 of the drawings, lower right-hand corner of the plot plan. Mr. Nestler said some of the proposed site
plan improvements include curbing and landscape planting areas as indicated on sheet#1. A planting plan
is supplied for the Board's review on sheet#3 of the plants proposed to be installed. Mr. Nestler said new
paving will be supplied throughout the site, and painted lines. Mr. Nestler said a small entrance terrace
will be installed,and will accommodate handicapped access to the building. There is an existing retaining
wall which is presently actually on Mr. Guerrerio's property but adjacent to the Staples' site, which Mr.
Guerrerio will keep as stucco and will paint.
Mr. Nestler indicated that the property is still going to be operated as a car wash. Mr. Nestler said there
is also a dumpster in the rear which will be enclosed with a fence 1 ft. higher than the dumpster, according
to zoning code requirements. All the improvements proposed are for aesthetic improvements of the site.
Dr. Mason asked if the applicant will be changing any of the procedures of the actual washing equipment.
Mr. Nestler said there is a recovery system of 85% to 90%, and the proposed renewal will be as currently
exists.
Dr. Mason asked Gary Trachtman, consulting engineer, if there is anything at the site that is
nonconforming.
Mr. Trachtman said nothing is changing on the interior,and that any previous issues were addressed some
time ago.
Ms. Battalia said there was to be a letter annually to the building inspector that the drains have all been
cleaned, and that has been done in connection with the last application in July.
Mr. Nestler said the cleaning of all the drains will also be occurring during the proposed renovation.
Mr. Trachtman stated the planting beds are within a curb area which does not now exist, and asked Mr.
Nestler to explain to the Board whether or not that will alter the surface drainage pattern in any way.
Mr. Nestler said it should not alter or impede the flow of the water, with the exception of one planting area
to the north which will go into a catch basin along the existing guard rail. Mr. Nestler said it should also
be noted that there is a street along side the property that is apparently owned by the Town. Mr. Nestler
said, as discussed with the building inspector, the applicant is proposing to plant on the Town side of the
guardrail to improve the aesthetics of the property.
Ms. Gallent asked if the conditions stated in the July certification will remain the same.
Ms. Battalia said all the conditions are the same, including hours of operation.
Mr. Nestler said as described on sheet#4 of the submission,there are a series of cautionary signs proposed
to be installed along the existing guardrail.
Ms. Aisen asked Ms. Gallent if the changes are insignificant.
Ms. Gallent said the transfer of ownership of a special permit, if there are non-material changes in the
conditions and site conditions, is a Type II under SEQRA. Ms. Gallent said the matter should be referred
to the Westchester County Planning Board, because it is a special permit within 500 ft. of a state road,
which the secretary will do.
Planning Board
April 9, 1997
Page 4
Valerie O'Keeffe asked how high the applicant anticipates the plantings will be in the stone curbing, and
will it interfere with the site line of the individuals exiting the facility.
Mr. Nestler referred to the planting plan on sheet #3, and said the ones closest to the Post Road are not
meant to grow any taller than 18 in. to 2 ft. high.
Ms. O'Keeffe asked if the signs proposed to be located on the guardrail will be visible; i.e. on poles
Mr. Nestler said the signs will be on the right-hand side, driving through into the tunnel.
A discussion ensued regarding the size of the signs, the height of the signs and how the signs will be
anchored.
Dr. Mason asked if the signs will be set parallel to the Post Road.
Mr. Nestler said the signs will be set at a 45 degree angle to the guardrail, not parallel nor perpendicular
to the Post Road. A discussion ensued.
Mr. Nestler said the curbing will be approximately 2 ft. from the base of the guardrail, and the sign would
be angular within that space, approximately 35 in. in from the curb.
Ms. Gallent said under the Westchester County Administrative Code a ten-day notice is required to the
County Planning Board, and under the Westchester County Municipal Code it is 30 days. The Westchester
County Administrative Code controls when there is a conflict, and notice will be sent out tomorrow.
Mr. Nestler presented the pictures to the Board as Exhibit#1, which are a part of the record.
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is,scheduled for the May 14, 1997 meeting.
OTHER BUSINESS
Philip A. Leger, P.E., of Malcolm Pirnie, who was attending with Gary Trachtman and will be
representing Malcolm Pirnie in the future, introduced himself to the Board.
NEXT MEETING
The next meeting of this Board will be held on May 14, 1997.
ADJOURNMENT
On a motion made by Ms. Aisen, seconded by Dr. Mason, the meeting was unanimously adjourned at 8:45
p.m.
72JG4 7
Marguerite oma�rding Secretary