Loading...
HomeMy WebLinkAbout1991_12_11 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK DECEMBER 11, 1991, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford Bell, Chairman Jerry Donatelli Norma Jacobson Patricia Latona Absent: David Freeman Edward Gonye Alan Murray Also Present: Lee A. Hoffman, Jr. , Counsel Gary Trachtman, Consulting Engineer Karen Williams, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8: 18 PM. He announced with a great deal of regret that this meeting was the last one for Mr. Hoffman. Mr. Hoffman had served this Board for 72 years with high professional competence; his advice has been invaluable. ADJOURNED PUBLIC HEARING - SUBDIVISION APPROVAL - Mr. and Mrs. P. McCarthy 26 Bonnie Way Block 104 Lot 52 On motion of Mrs. Latona, seconded by Mr. Donatelli, 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. On motion of Mrs. Jacobson, seconded by Mrs. Latona, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared adjourned. The Board had received a letter requesting a dismissal or an adjournment from Mr. McCarthy's neighbor, Mark Ladner, and a letter from Mr. McCarthy explaining his delays. Both letters will become a part of the record. MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK DECEMBER 11, 1991, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK C Present: Sanford Bell, Chairman )ti Jerry Donatelli Norma Jacobson Patricia Latona Absent: David Freeman Edward Gonye Alan Murray Also Present: Lee A. Hoffman, Jr. , Counsel Gary Trachtman, Consulting Engineer Karen Williams, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:18 PM. He announced with a great deal of regret that this meeting was the last one for Mr. Hoffman. Mr. Hoffman had served this Board for 72 years with high professional competence; his advice has been invaluable. ADJOURNED PUBLIC HEARING - SUBDIVISION APPROVAL - Mr. and Mrs. P. McCarthy 26 Bonnie Way Block 104 Lot 52 On motion of Mrs. Latona, seconded by Mr. Donatelli, 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. On motion of Mrs. Jacobson, seconded by Mrs. Latona, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared adjourned. The Board had received a letter requesting a dismissal or an adjournment ;, from Mr. McCarthy's neighbor, Mark Ladner, and a letter from Mr. McCarthy explaining his delays. Both letters will become a part of the record. December 11 , 1991 -9- The Board felt that the delays were excessive but that the application could not be dismissed as the four members present did not concur that the. application should be dismissed. Mr. Trachtman requested that Mr. McCarthy submit new drawings showing the placement of the drywells and showing how a possible installation of a pipe for extra runoff could be made. It was emphasized that Mr. McCarthy must submit this material at least 10 days before the meeting. NEXT MEETING The next meeting of this Board, because of New Year's Day, will be held on January 15, 1992. ADJOURNED PUBLIC HEARING - Special Permit - Thai Take Out, Inc. 2423 Boston Post Road Block 505 Lot 463 On motion of Mrs. Latona, 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. On motion of Mr. Donatelli, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Paul Donohue appeared on behalf of the application. He stated that a zoning change required the Special Permit as this establishment is considered a retail use in a Service Business area. The restaurant is the same as a Chinese one which preceded it. It will be open from 10 AM to 10 PM seven days a week. Deliveries come down an alley separating it from a residence and in which no cars can operate. Mr. Donohue stated that all necessary inspections such as that of the Health Department had been made. Mr. Jakubowski had noted that no site plan approval was necessary for this application. On motion of Mrs. Latona, seconded by Mrs. Jacobson, the following resolutions were adopted. WHEREAS, Thai Take Out, Inc. has submitted an application for a Special Permit for use of the premises at 2423 Boston Post Road as a takeout restaurant; and December 11 , 1991 -3- 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, 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 Thai Take Out, Inc. for premises located at 2423 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 and access of traffic from said use onto and off of adjoining streets. 2. 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. 4. Because of the nature of the operation, no specific conditions are necessary. B. Special Conditions 1. The restaurant shall be permitted to operate from 10 AM to 10 PM, seven days per week. 2. This Special Permit is subject to termination requirements in Section 89-53 of the Zoning Code of the Town of Mamaroneck. PUBLIC HEARING - Amendment to Subdivision Approval - William Cord 385 Weaver Street Block 112 Lot 390 Appearing were Mrs. Cord and Joshua and Ellen Freidman, neighbors of the site. December 11, 1991 -4- On motion of Mrs. Latona, 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. On motion of Mrs. Jacobson, seconded by Mrs. Latona, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared adjourned. Mrs. Cord stated that she and her husband had done what was required by this Board when completing their subdivision and had discovered that the retaining wall could not be built on the property with the house. She was requesting that this condition of the subdivision approval be removed. Mr. Hoffman stated that Town staff had reviewed this application and decided that the as-built conditions were satisfactory and that it would be appropriate to wait for an application for a Building Permit on Lot #i1 before making a decision about drainage. Mrs. Cord reminded the Board that the house on Lot #t2 was higher than Lot #1 and questioned Mr. Friedman's objections. Mr. Friedman noted that a concrete curb at a higher elevation was on the plans also and stated that there is a severe runoff problem on his property. He described the course of the water. Mrs. Cord stated that the runoff has been as described for 20 years. Mr. Hoffman stated that Mr. Friedman's standing may have been waived by purchasing the property. Mr. Friedman stated that he wanted the property on Lot #1 to remain as it is and that no retaining wall can be installed because it has to be constructed on his property which he will not permit. Mr. Bell stated that he would like another report and inspection by the Building Inspector. Therefore, on motion of Mr. Donatelli, seconded by Mrs. Jacobson, this matter was adjourned to the next meeting. APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT - Mr. and Mrs. Barry Dichter 32 Bonnie Way Block 104 Parcels 40 and 700 Arnold Weil, architect, appeared with Mrs. Dichter. He stated that the Dichters want to add a small addition that does not need a zoning variance but would be close to the Sheldrake. Mr. Trachtman had stated by letter, that there were several unanswered questions in the Dichter's application. He needed to know the depths of the water table and whether bed rock existed. December 11, 1991 -5- Mrs. Latona stated that this Board has heard a great deal about water in the neighborhood. Mr. Hoffman requested a clearer drawing of the easement next to the house. Mr. Trachtman asked that probes be made in the presence of the Building Inspector to determine whether rock exists at the site and that more information be submitted about the water table. On motion of Mrs. Latona, seconded by Mrs. Jacobson, 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 Mrs. Latona, seconded by Mr. Donatelli, this Board unanimously decided to not waive a Public Hearing on this matter. Therefore, on motion of Mr. Donatelli, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that this Board hereby sets Wednesday, January 15, 1991 at 8: 15 PM as the date and time for a Public Hearing on the application of Mr. and Mrs. Dichter; 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. FINAST Mr. Hoffman stated that the Zoning Board had finished its work on this application and that it would be returning to the Planning Board for Site Plan approval. Therefore, on motion of Mrs. Latona, seconded by Mr. Donatelli, it was unanimously RESOLVED, that this Board hereby sets Wednesday, January 15, 1991 at 8:15 PM as the date and time for a Public Hearing on the application of Ten Grand, Inc. ; 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. December 11 , 1991 -6- APPROVAL OF MINUTES On motion of Mrs. Latona, seconded by Mr. Donatelli, the minutes of the meeting of October 9, 1991 were approved. ADJOURNMENT On motion of Mrs. Jacobson, seconded by Mr. Donatelli, the meeting was adjourned at 10:30 PM. , . /644,Lo44.42 Bonnie M. Burdick