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HomeMy WebLinkAbout1992_08_12 Planning Board Minutes (2) u MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK AUGUST 12, 1992, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford Bell, Chairman Jerry Donatelli Gabriel Fay Edward Gonye Sal Iacono Alan Murray Absent: Norma Jacobson �4 J- Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator P" °' RECEIVED '�"'' Karen Brideau, Public Stenographer $EP 8 1992 'f- Kazazes & Associates PATRICIA kIiCI00010 250 East Hartsdale Avenue - TOWN EK �; MAMARYNECK Hartsdale, NY 10530 , r1 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:21 PM. PUBLIC HEARING - SPECIAL PERMIT APPLICATION - Auto Craftsman - 2430 Boston Post Road Block 503 Lot 421 On motion of Mr. Gonye, 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. Donatelli, seconded by Mr. Iacono, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Appearing were Tony Masella, manager of the former business at the site, Collision Tech, Ltd. , and Donald Mazin, attorney. Mr. Mazin stated that Mr. Masella is a leasee of Robert Contrearas who owns the building and who has been operating Collision Tech. It is Mr. Masella's intention to do the same sort of work and to be bound by the same obligations mandated by this Board for the previous occupant. Mr. Mazin also stated that Auto Craftsman and Jack's Miracle Auto Repairs, Inc. (successor to All Tune and Lube) are mutually bound to the agreement dated December 1990 between Planning Board August 12, 1992 • -2- All Tune and Lube and Collision Tech, Ltd. which is on file in the Building Department. Mr. Mazin will submit this agreement to the Secretary of this Board. Said agreement concerns sharing the site and maintenance responsibilities. A resident of neighboring Sherwood Drive, Patrick Martin, appeared. He complained that a large oil truck had been worked on outside the garage in question for two days. Mr. Bell stated that such a violation should be referred to the Building Department and/or the Police Department, and Mr. Silverberg stated that routine abuse of a Special Permit would result in its being rescinded. Mr. Mazin stated that Mr. Masella would abide by the conditions set by this Board for the Special Permit granted December 12, 1990 to Mr. Contrearas doing business as Collision Tech. He also stated that Mr. Masella would apply to Westchester County for a permit to operate a spray painting booth. On motion of Mr. Murray seconded Mr. Fay, the following resolutions were unanimously adopted. WHEREAS, Anthony Masella, d/b/a Auto Craftsman Ltd, has submitted an application for a Special Permit for use of the lower floor of premises at 2430 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 421 to perform auto body and fender repair; 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 an automobile repair facility performing tune-ups, carburetor services and the like be and hereby is granted to Anthony Masella doing business as Auto Craftsman Ltd, for premises located at 2430 Boston Post Road subject to the terms and conditions set forth below and subject to the terms of a Site Plan Application granted to Robert Contrearas on December 12, 1989: 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. Planning Board August 12, 1992 -3- 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. SPECIAL CONDITIONS 1. Services on the premises shall be limited to the following: auto body and fender repair. No repairs requiring breakdown of the motor, transmission or universal joint shall be permitted. Repairs to the electrical system shall not be performed. 2. The applicant agrees to provide the pollution control services and activities as set forth in a memorandum from the Coastal Zone Management Commission, dated December 5, 1990, and such activities shall constitute conditions of this Special permit, except that Item No. 2 on Page 2 is not required because the property involved is not owned by the applicant . 3. The applicant shall be bound, as successor to Collision Tech, to the agreement, dated December 1990, between Collision Tech Ltd. and All Tune and Lube, which has been succeeded by Jack Eisenbach, doing business as Jack's Miracle Auto Repairs. 4. Hours of operation shall be from 8:00 AM to 7:00 PM Monday through Saturday. No noise emanating from inside the building shall be audible outside the building. 5. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 6. All lights, except for security lighting, shall be turned off when the premises are vacated for the evening. 7. All lights for the driveway and parking area shall be directed toward the building. 8. The final plan submitted prior to the issuance of any Building Permit shall show traffic lanes on the property for ingress and egress. Planning Board August 12, 1992 -4- 9. The applicant shall obtain all necessary permits from the Westchester Department of Health and the New York Department of Environmental Conservation relating to air pollution emissions, waste disposal and spray painting processes. 11. This Special Permit is subject to termination requirements in Section 89-53 of the Zoning Code of the Town of Mamaroneck. PUBLIC HEARING - Special Permit Application - America's Chicken - 1262 Boston Post Road Block 407 Lot 192 On motion of Mr. Gonye, 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. Donatelli, seconded by Mr. Iacono, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Edward Davidson, attorney, and Andrew Friedman, president of America's Chicken, appeared. They sought permission to add tables and chairs to an existing take-out restaurant. The occupancy allowed is thirty people. Mr. Friedman requested six tables with eighteen chairs and stated that there would never be more than six employees on hand. He also claimed that a substantial investment had already been made in the restaurant and stated that his restaurant was the only one in the shopping center with a handicapped-access bathroom. There were no comments from the audience about this application. On motion of Mr. Iacono, seconded by Mr. Murray, the following resolutions were unanimously adopted. WHEREAS, Andrew Friedman doing business as America's Chicken 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 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 August 10, 1992 pursuant to notice; and Planning Board August 12, 1992 -5- 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 restaurant is granted to Andrew Freidman doing business as America's Chicken on the 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 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. Special Conditions 1. The restaurant shall be permitted to operate: Monday - Saturday from 11:30 AM to 9:00 PM Sunday from 12 noon to 9:00 PM. 2. The seating in the restaurant is limited to six tables and eighteen chairs. 3. Adequately-sized, covered containers/dumpsters shall be provided in the store and at the shopping center. 4. Traffic ingress and egress and traffic patterns on the site shall be as shown on the plans. 5. This Special Permit is subject to termination requirements in Section 89-53 of the Zoning Code of the Town of Mamaroneck. Planning Board August 12, 1992 -6- PUBLIC HEARING - Fresh Water Wetlands and Water Courses Permit - Mr. and Mrs. Michael Moran 23 Fenbrook Drive Block 309 Lot 11 On motion of Mr. Iacono, seconded by Mr. Fay, 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. Donatelli, seconded by Mr. Iacono, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. and Mrs. Moran presented the application. They sought to build an 18'x 30' pool with 2 feet below grade and 4 feet above grade made with a vinyl liner and lined with cement. The backwash from the pool will drain into Town sewer lines. Mr. Trachtman stated that a tributary of the east branch of the Sheldrake River runs through the Morans' yard and that available studies show the property to be outside the 100-year flood plain. Mr. Moran explained that he had consulted with the Building Inspector and that during construction he would install 4 feet of heavy plastic and a 2-foot nylon fence below grade. Mr. Trachtman had stated that regular erosion control procedures would suffice. He explained that the $1000 bond would cover the Town's cost to clean up the stream were damage done. 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 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. Gonye, seconded by Mr. Iocono, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Michael Moran have applied for a permit for the premises at 23 Fenbrook Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 11 pursuant to Local Law #7-1986; and Planning Board August 12, 1992 -7- WHEREAS, this Planning Board has previously determined that the proposed action is a Type II action and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 86-6(D), that the activity proposed is of a minor nature and is compatible pursuant to 6NYCRR 665.7; WHEREAS, a Public Hearing pursuant to Local Law #7 of 1986 having been held on August 12, 1992; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alternative, and (C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 3. The proposed activity will result in no more than insubstantial degradation to, or loss of any part of the wetland because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; BE IT FURTHER RESOLVED, that the application of Mr. and Mrs. Moran for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. This permit is personal to the applicants and may not be transferred to any other individual, entity or a combination thereof; 2. All debris is to be removed prior to the completion of the project. Construction must be in accordance with the requirements of the Town Flood Damage Prevention Code. 3. During construction, in consultation with the Consulting Engineer, hay bales shall be installed between the construction and the Sheldrake River. Planning Board August 12, 1992 -8- 4. Work involving site preparation shall only take place from Monday through Friday between the hours of 8:30 AM and 4:30 PM. 5. A cash deposit or bond for $1,000 shall be furnished to the Town by the applicants to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 6. The plan for the draining of backwash from the pool shall be approved and overseen by the Building Inspector. 7. The installation of the pool shall also be subject to approval by the Zoning Board of Appeals. 8. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. PRESUBMISSION CONFERENCE - Site Plan - Gap and Gap Kids - 1340 Boston Post Road Block 410 Lot 268 Donald Mazin, attorney, and Linda A. Aislen, AIA, of the Gap, appeared. The chain of clothing stores plans to open a store at the site renovated for NYNEX at the corner of Weaver and Boston Post Road. Sixty-six parking spaces are provided there; fifty-nine are required The applicant sought the following hours: Monday - Saturday - 8 AM to 8 PM, Sunday 10 AM to 6 PM. Facilities for the handicapped will be provided. The Board was concerned about traffic at this intercsection, and Mr. Silverberg asked for store traffic information from the Gap in Rye citing different times of the day. Mr. Bell felt that the main crush at the intersection was 7:50 AM to 8:15 AM when school is open and reminded the Board that an apartment project is planned for the motel site. Diane Blum, new president of the Howell Park Association, appeared with Gail Waxman, a former president. She stated that considering school traffic and the cars of those going to work she would feel more comfortable with a 9 AM opening for store. The Board requested detailed traffic information as Blockbuster has added cars, and Finast and the apartments will add still more. 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 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 Planning Board August 12, 1992 -9- On motion of Mr. Fay, seconded by Mr. Iocono, it was unanimously RESOLVED, that this Board hereby sets Wednesday, May 13, 1992 at 8:15 PM as the date and time for a Public Hearing for the application of Gap and Gap Kids 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. Iocono, seconded by Mr. Mr. Fay, the minutes for the meeting of July 8, 1992 were unanimously approved. ADJOURNMENT On motion of Mr. Gonye, seconded by Mr. Murray, the meeting was adjourned at 9:55 PM. Bonnie M. Burdick