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HomeMy WebLinkAbout1990_12_12 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE 'DOWN OF MAMARONECK DECEMBER 12, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON PObl' ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Steven R. Goldstein Norma Jacobson Patricia Latona James J. Romeo Absent: Jerry R. Donatelli Alan P. Murray Also Present: Tix A. Hoffman, Jr., Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Barbara Terranova, Public Stenographer Carbone, Kazazes & Associates 225 Mt. Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:20 PM. On motion by Mr. Goldstein, seconded by Mrs. Latona, 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 by Mrs. Latona, seconded by Mr. Goldstein, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed Appearing were Donald S. Mazin, attorney, Fred Kellogg, P.E. , Jim Jermkowski, of Jersey Petroleum, Robert Contreras, owner of the building and Collision Tech, and Mr. Vitiello. Mr. Hoffman circulated proposed resolutions for the site plan and special permits. Mr. Mazin had reviewed them and suggested that a date certain in the Spring be chosen for restoration of the buffer zone. Currently, Mr. Contreras stated, there are 10-12 evergreens which are 10-15 feet tall and a stockade fence. December 12, 1990 -2- Paul Donohue, 67 Sherwood Drive, whose property abuts the businesses appeared along with Sandra Herriott, 70 Sherwood Drive, and Mrs. Martyn, 63 Sherwood Drive. He stated that when the work of the body shop is done inside with the doors closed the buffer is effective. Mr. Donohue stated that he finds the permanent storage of the speed boat on the premises bothersome. Mr. Mazin stated that storage of said boat was permitted according to the Building Inspector; running the engine is not permitted. Mr. Jermkowski stated that Mr. Vitiello's projected number of customers was wrong. The franchise estimates that 11/2 cars an hour is more realistic. Mr. Mazin reiterated that the two applicants will work out details about parking between them and stated that the Building Inspector saw no parking problem. Mr. Hoffman stated that he had a copy of an agreement between the two applicants. Mr. Romeo stated that he felt a boat 34' x 8' with its trailer would need several parking spars and would causp problems for other cars. Mr. Bell was concerned about backup of cars on the Post Road if the boat, taw trucks, etc. were taking up customer spaces. Mr. Contreras agreed to not store the boat outside of his building. After much discussion, the Board agreed to hours of operation when discernible noise would occur from 8 AM to 7 PM. No discernible noise shall emanate from the building after 7 PM. Discernible noise would be noticeable above the usual noise of the Boston Post Road. In response to neighbors' complaints about the business operations, Mr. Mazin referred to the Amoco station and named other neighboring business which create noise and traffic. The Board members, Mrs. Latona in particular, were distressed by the use of bright yellow paint on the lube shop. The Building Inspector had given his approval. The Master Plan sets guidelines without enforcement, and the architectural review law is not in effect for this application. On motion of Mr. Goldstein, seconded by Mrs. Jacobson, the following resolutions were adopted. WHEREAS, Louis Vitiello has submitted an application for a Special Permit for use of the upper floor of premises at 2430 Boston Post Road as an "All Tune and Lube" franchise , performing tune-ups, carburetor servirns and the like; and WHEREAS, the Planning Board has conducted and completed proceedings pursuant to SEQRA; and December 12, 1990 -3- 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 Louis Vitiello, as principal of All Tune and Lube, for premises located at 2430 Boston Post Road (upper floor) subject to the terms and conditions set forth below and subject to the terms of a Site Plan Application granted to Robert Contreras on this date: 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 upon adjacent properties due to the traffic generated by the said use, or the annes of traffic from said use onto and off of adjoining streets; 2. The operations in connection with 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 will be in harmony with the general health, safety and welfare of the surrounding area, and that by the nature of its particular location the proposed Special Permit use 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: tune-ups, carburetor services, injector services, brake repair, oil/lube/fluid changes, and similar repairs. No repairs requiring breakdown of the motor, transmission or universal joints shall be permitted. Repairs to the electrical system shall not be performed. 2. The applicant agrePs 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 December 12, 1990 -4- owned by the applicant or the owner of the premises for which the Special Permit use is being granted 3. The applicant shall provide all maintenance, pollution control and related activities on an ongoing basis as set forth in an agreement between Collision Technologies Limited and Louis Vitiello, dated December 1990, and such activities shall be deemed specific conditions of site plan approval. 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, except during hours of operation. 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. 9. The front, vehicle entry doors shall be kept closed while work is in progress (except for times when vehicles are moving in and out of the building) and all work shall be done inside the building. 10. 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 and waste disposal. 11. This Special Permit is subject to the termination requirements set forth in Section 89-53 of the Zoning Code of the Town of Mamaroneck. On motion of Mr. Romeo, seconded by Mrs. Latona, the following resolutions were unanimously adopted: WHEREAS, Robert Contreras has submittPd an application for site plan approval for premises at 2430 Boston Post Road; and WHEREAS, the Planning Board has previously conducted and completed proceedings under SD RA; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, all correspondence fiunt Town December 12, 1990 -5- officials and the Consulting Engineer to the Tcxan, the Coastal Zone Management Commission and the Westchester County Planning Commission, and a Public Hearing having been held; NOW, THEREFORE, BE IT RESOLVED that site plan approval be and hereby is granted on the application of Robert Contreras, sUbject to the terms and conditions set forth herein: 1. All site work shall be in accordance with drawings submitted by John Cotugno, final revisions dated September 27, 1990. 2. The site plan approval is subject to terms and conditions imposed by the Planning Board with respect to two Special Permits granted for u:cc on the site to All Tune and Lube (Louis Vitiello) and Robert Contreras, d/b/a Collision Technologies, Ltd. 3. All parking on the site shall be "valet" or "attendant" parking, to be done by an employee of the business operating on the site. Customers on the site who drive in for All Tune and Lube shall initially park in front of the doorway to the work area. As soon as the orders are written up, the operator of the business on the first floor shall remove the cars frzxu in front of the doors and park them elsewhere in a Odesignated parking spot on the site. The final plan submitted shall indicate traffic flow onto, on and off the site, and shall also indicate all designated exterior parking spares. 4. A waste oil tank shall be constructed as proposed in an agreement between Collision Technologies, Ltd. and Louis Vitiello dated DPcember, 1990. 5. Oil containment alterations to catch basins on the property shall be made in accordance with designs submitted by Fred F. Kellogg, Jr. 6. The site plan is subject to all requirements and recommendations set forth in the memorandum of the Coastal Zone Management Commission, dated December 5, 1990, and such recommendations are made specific conditions of this site plan approval, except that Item No. 2 on Page 2 is not a condition, because the property involved is ;not owned by this applicant or the owner of the premisses on which the Special Permit use will be located. 7. All activities and representations made by the applicant in an agreement, dated December, 1990, between Collision Technologies, Ltd. and/or All tune and Lube are made specific conditions of this site plan approval. 8. The applicant shall provide one mylar reproducible and four sets of drawings showing the as-built conditions. December 12, 1990 -6- 9. A licensed engineer shall certify to the Town that the water pollution control devices are installed in accordance with approved plans. 10. The applicant shall restore the required buffer zone at the rear of the premises in accordance with the Special Permit and Building Permit issued in 1971. The fence shall be repaired and the plantings restored no later than May 31, 1991. 11. All parking spares on the site shall be available for and usPr3 only for purposes related to the operation of the businesses on the site. On motion of Mr. Goldstein, seconded by Mr. Jacobson, the following resolutions were unanimously adopted: WHEREAS, Collision Technologies, Ltd, has submitted an application for a Special Permit for use of the lower floor of premises at 2430 Boston Post Road as an auto body fender repair and auto glass replacement use; and WHEREAS, the Planning Board has conducted and completed proceedings under SEQRA; 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 TT RESOLVED that a Special Permit to operate an auto body fender repair and auto glass replacement facility is granted to Collision Technologies, Ltd. for premises located on the lower floor at 2430 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 upon 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. The operations in connection with Special Permit usp 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 will be in harmony with the general health, safety and welfare of the surrounding area, and that by the nature of its particular location the December 12, 1990 -7- proposed Special Permit use will not adversely impact upon surrounding properties or surrounding property values. B. SPECIAL CONDITIONS 1. The use of the lower floor shall be limited to a auto body repair shop and glass replacement business. 2. The rear, lower-level doors shall be kept closed while work is in progress and all work shall be done inside the building. 3. The applicant agrees to comply with all requirements and recommendations made by the Coastal Zone Management Commission in a memo dated December 5, 1990, and such activities and agreements are specific conditions of this Special Permit, except that Item No. 2 on Page 2 is not a condition, because the property involved is not owned by this applicant or the owner of the premises on which the Special Permit use will be located. 4. The applicant agrees to engage in activities and maintenance as set forth in an agreement, dated December, 1990, between Collision Technologies, Ltd. and All Tune and Lube, and all such activities shall be deemed specific conditions of this Special Permit. 5. 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, except during hours of operation. 6. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises with respect to this use. 7. All lights, except for security lighting, shall be turned off when the premises are vacated for the evening. 8. All lights for the driveway and parking area shall be directed toward the building. 9. Final plans submitted prior to the issuance of any Building Permit shall show traffic lanes on the property for ingress and egress, and permitted parking and marked "no parking" spaces. 10. All parking spares on the premises shall be used only for purposes related to the business on the site. 11. The applicant shall obtain all necessary permits from the Westchester Department of HPa1th and the New York Department of Environmental Conservation relating to air pollution emissions and waste disposal. December 12, 1990 -8- 12. This Special Permit is subject to the termination requirements set forth in Section 89-53 of the Zoning Code of the Town of Mamaroneck. CONSIDERATION OF SPECIAL PERMIT APPLICATION - Bob Junior Car Wash Associates, Inc. d/b/a Hi-Tech Car Wash 2434 Boston Post Rd. Block 503 Lot 421 Patricia Rafferty, attorney, represented Robert Guerin (sp) , the new owner, with Michael Gismondi, architect. There had been a change of ownership of the car wash which caused the need for a new Special Permit. Ms. Rafferty stated that there was no change in the operation. Mr. Hoffman had stated that a Public Hearing would be required for a new Special Permit. On motion of Mrs. Latona, seconded by Mr. Goldstein, 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 Q On motion of Mr. Romeo, seconded by Mr. Goldstein, it was unanimously 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. Romeo, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that this Board hereby sets Wednesday, January 9, 1991 at 8:15 P.M. as the date and time for a Public Hearing on the application of Bob Junior Cra Wash Associates, Inc. d/b/a Hi-Tech Car Wash; 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 Ton of Mamaroneck. FURTHER CONSIDERATION OF SITE PLAN APPLICATION - Ten Grand, Inc. Boston Post Road and Weaver Street Block 410 Lots 463, 310, 321, 332 & 338 Representing the applicant and Finast Stores were Roger Sirlin, attorney; Fred Coleman, architect; and Richard Rheaume, P.E. , site engineer. Mr. Sirlin stated that a meeting had been held with the December 12, 1990 -9- representative of the two neighborhood assoriations - Howell Park Association and Larchmont Gardens Association - which have boon opposed to expansion into a residential lot. Mr,. Rheaume demonstrated a new plan. A different area for truck unloading was the major change fruit the most recent plan. There would be 1Pss encroachment into the residential lot; a wall flanked by two rows of evergreens as a noise barrier would be constructed. The only use of the residential premises would be for ingress and egress of trucks. Early morning truck noise and compactor noise would be reduced and enforceable by conditions of the site plan approval. The interior of the store would be completely reorganized and renovated. Mr. Coleman stated that the plans for retail space at the former Hory property were being drawn. The building would be 10,000 square feet and would require 50 parking spars. Entrance and egress would likely be fiuin Weaver Street. Residents appearing were: Jerry Glaser, 19 Rock Ridge Road; Gail Waxman, President of the Howell Park Association, 12 Hawthorne Road; Steven Kronenberg, 66 Howell Avenue; Bill Roehr, 44 Howell Avenue; Richard Hesel, 118 ( rleon Avenue; Gordon Oppenheimer, 50 Howell Avenue; and Jeff Meighan, 65 Howell Avenue. They questioned or objected to: 1)a commercial area moving to a residential zone, which is also a tenet of the Master Plan ; 2)the need to enlarge the store; 3)the visual pollution from Ferndale Place ("There would be no tree nor wall high enough to block the store.") ; 4)the possibility of the area becoming similar to Central Avenue in Scarsdale; and 5)increased impact of traffic on the already busy intersection. Mr. Bell stag that the current plan was scaled down from the original request. He reiterated that at that time the Board was determining SEQRA only. Usually, an application would then go to the Zoning Board for its consideration of the incursion and parking variances. Mr. Bell polled the Board to determine whether the members felt that SEQRA could not be satisfied simply because of the request for a change from residential to commercial zone. Mr. Romeo and Mrs. Latona took this position. Mr. Goldstein abstained as he is leaving the Board when he moves fruit the unincorporated area. Mr. Bell and Mrs. Jacobson indicated that the commercial encroachment was a decision for the Zoning Board. With two members absent, there were not four votes favoring any decision. Mr. Bell requested that Mr. Hoffman prepare and circulate a memo explaining the ramifications of SEQRA. On motion of Mrs. Latona, seconded by Mr. Bell, the following resolutions were denied: RESOLVED, that this Board hereby sets Wednesday, January 9, 1991 at 8:15 P.M. as the date and time for a Public Hearing on the application of Ten Grand, Inc. and be it December 12, 1990 -10- 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. Mr. Bell and Mrs. Latona voted aye, Mrs. Jacobson and Mr. Romeo voted nay and Mr. Goldstein abstained. It was the opinion of the representatives of Finast that, should its application for expansion be denied, it was likely that Finast would not renegotiate its lease when it expires in four to five years. On behalf of the Howell Park Association, Mr. Hesel thanked the Board for its fairness and for the extraordinary amount of time it had devoted to this application. On motion of Mrs. Latona, seconded by Mr. Goldstein, the meeting was adjourned at 12:40 AM. Bonnie M. Burdick • AGREEMENT AS OF DECEMBER , 1990 PROPOSED ACTIONS AND ACTIVITIES BY COLLISION TECH AND/OR ALL AND LUBE We, the undersigned , representing the principals of COLLISION TECHNOLOGIES LTD (hereinafter referred to herein as "COLLISION TECH" ) and LOUIS VITIELLO b/b/a ALL TUNE AND LUBE (hereinafter referred to herein as ALL TUNE AND LUBE) respectfully and, in consideration of an approval by the Planning Board of Site Plan and Special Permit Applications now pending, do hereby set forth proposed actions and activities that we each agree and declare that we will abide by as follows: 4111) 1 . Oil booms (as shown in detailed drawings appended hereto and labeled Exhibit "B" ) , ) will be inspected by COLLISION TECH the first week of each and every month, twelve (12 ) months per year , and will be removed and cleaned and/or replaced as and when necessary. 2 . ALL TUNE AND LUBE will provide for and perform the following services: A. Perform oil changes and dispose of waste oil into a holding tank located at the rear left corner of the buildings (outside ) in a double walled waste oil holding tank , 250 gallon capacity, placed next to the building so as to be surrounded by three (3 ) existing walls and will cause to be built a fourth (4th ) surrounding wall of 8" concrete block on an 8" by 20" concrete footing installed on virgin ground and 3 ' 6 " below finished grade, the intent being that a solid concrete vault surrounding the double walled tank will result. Grease spillage will be negligible and will be wiped up either with throw away paper towels or saw dust type absorbant (such as "Oil-Zorb or similar ) which will be removed by a licensed scavenging contractor . B. Anti-freeze changes may be performed, and if performed, the anti-freeze that shall be removed will be processed through a portable machine which purifies and recycles the anti-freeze liquid and returns it to the radiator of the car from which it came . C . All other fluids such as transmission fluid , brake fluid and power steering fluid, will be maintained in small bottles or cans of approximately 1 quart capacity and will be used to "top off" reservoirs of each liquid in the cars whose reservoirs for same have been drawn down through long usage. It should be noted that these 1 quart containers are so small that any minor spillage from them can and will be handled with a shovel full of the Oil Zorb granules referred to earlier . Windshield washer fluid will also be sold in small quantities not exceeding 1 gallon and is not more dangerous than household ammonia and should certainly not be deemed a "hazardous waste" in such small quantities . 3 . COLLISION TECH agrees that the activities herein to be performed by ALL TUNE AND LUBE will be allowed to be performed. 4 . COLLISION TECH agrees that the rear lower level doors will be kept closed while work is going on. It also agrees to maintain air conditioning equipment (which equipment is installed and is now in operating condition) ,"" and to keep same operating during the summer so that the doors will remain closed for the most part during working hours . 5 . To the best of the knowledge of THE PARTIES HERETO, and after our representative speaking with the Building Department , we understand the choice of yellow as a building color is not in violation of any existing municipal ordinances . Furthermore, the color yellow and shade of yellow is the standard and uniform yellow logo color and shade of ALL TUNE AND LUBE franchise buildings throughout the U . S. A. 6 . COLLISION TECH agrees to add an impervious saddle to the spray painting booth to make it watertight so that paint particles do not escape to the interior floor drains or to otherwise take such steps as are satisfactory to the Building inspector to prevent same from occuring. . . . ICI 7 . The PARTIES HERETO agree to use appropriate measures to prevent oil , paint particles and other contaminants from entering the interior floor drains . ALL TUNE AND LUBE agrees that oil and automotive fluids spills and leaks , if any, will be swept up using absorbent material and COLLISON TECH agrees to vacuum sanding particles . 8 . COLLISION TECH agrees that trash and old auto parts, if any, found in the rear of the premises will be removed. 9 . The parties agree to utilize all existing parking ® spaces to their mutual activities so as to minimize any traffic impact on Boston Post Road and to maximize freedom of traffic flow. 10 . COLLISION TECH agrees that the boat stored at the premises will be removed as , if and when it adversely effects parking and agrees not to operate the motors of the boat while on the premises . 11 . With reference to the flatbed and truck owned and operated by COLLISION TECH, COLLISION TECH represents that same are used for off-site purposes and will be stored only on site, at the back of the premises , at non-business hours if such 47) storage will adversely affect traffic flow or parking at the premises . THE ABOVE IS HEREBY AGREED TO: CO ION TEC BY: ALL TUN AND LUBE BY: Coltcatl-136