HomeMy WebLinkAbout1998_12_09 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
DECEMBER 9, 1998, IN THE COURT ROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: C. Alan Mason, Acting Chairman
May W. Aisen
Richard H. Darsky
Linda S. Harrington
Edmund Papazian
Absent: Marilyn S. Reader, Chairwoman 4
I RECEIVED
Also Present: Judith M. Gallent, Counsel SS Li
Antonio V. Capicotto, Consulting Engineer ,JpN 14 1�
PATRICIA AtwilDiCTC10
Michele Nieto, Public Stenographers trArlooNECK
Terranova, Kazazes & Associates, Ltd. Ik(:7'
40 Eighth Street
New Rochelle, New York 10801
Marguerite Roma, Recording Secretary
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CALL TO ORDER
The meeting was called to order by Acting Chairman, Dr. Mason, at 8:15 p.m.
APPROVAL OF MINUTES
Dr. Mason asked if the Board members had reviewed the draft Minutes of November 11, 1998 and if there
were any amendments. There being none, on a motion made by Mr. Papazian, seconded by Ms.
Harrington, the Minutes were unanimously approved.
Dr. Mason read the application as follows:
PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT -
Christopher P. Knopp 28 Bonnie Way - Block 104 Lot 52.1 (adjourned 10/14/98; 11/11/98)
Mrs. Dichter asked if the Board would wait a few minutes to call this case.
Dr. Mason said the next matter can be taken out of order, if the next person is prepared. Dr. Mason asked
Mr. Knopp if he objected.
Mr. Knopp did not object.
Dr. Mason read the next application as follows:
PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Henry
Compi - 19 Fenbrook Drive - Block 309 Lot 9
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open.
Planning Board
December 9, 1998
Page 2
The Public Stenographer was present for this meeting and her transcript will become a permanent part of
this record.
Gregor Volpe, project manager for the Compi family of 19 Fenbrook Drive, appeared. Mr. Volpe is
before the Board, as he was last month, to present a plan to build a single-family residence on 19 Fenbrook
Drive in the Town of Mamaroneck. He informed the board that the architect is also present to review the
plans submitted.
Mr. Capicotto said at the previous meeting there was discussion about moving the house approximately 12
ft. toward the road, to get away from the growth in back.
Mr. Volpe said the house can be moved 10 ft. or 12 ft., and asked if the envelope line is counted in
making a determination.
A discussion ensued regarding how the Building Department determines whether or not the envelope line
is counted in a making a determination.
Mr. Carpaneto said the line must be counted, and that the zoning setback has to be met.
Mr. Papazian said it doesn't make any difference, as Mr. Volpe is saying he is willing to move the house
forward, as close to the property line as permissible, in accordance with the zoning ordinance.
Mr. Volpe said it will be 8 ft. to 10 ft. or 12 ft.
Dr. Mason said when Mr. Volpe was previously before the Board, a map of the wetlands had been
requested.
Mr. Volpe said a map of the wetlands was prepared, and submitted same as exhibit#1.
Dr. Mason asked if this exhibit is the same one as submitted to the Coastal Zone Management Commission
(CZMC).
Mr. Volpe said it is the same exhibit submitted, approximately two weeks ago, to the CZMC. Discussed
at that meeting was the fact that when the cul-de-sac and development was done, it totally disturbed the
wetlands area. He then discussed the surrounding properties, stating this piece of property is an isolated
pie piece.
Mr. Capicotto said the applicant informed the board at the last meeting that the house can be moved and
was told a wetlands map was needed.
Ms. Gallent said the letter was received this evening from the CZMC, in addition to receiving the wetlands
map. The public hearing can be kept open.
Mr. Volpe said he did not know the submission was not made. Mr. Volpe will submit drawings showing
the movement of the house, if the board so wishes. He will use a siltation fence, a plastic cover will be
put over the topsoil to avoid erosion and will follow the guidelines for construction procedures of the
Building Department. He also said that a code 53 number will be called in.
Dr. Mason said when the property was subdivided, there was a great deal of opposition because of the
wetlands. The board realizes the property was purchased in good faith and was designated as a buildable
lot. It puts the board in a position of having to honor certain obligations made by the Town, and at the
same time try to do as little damage as possible. The board appreciates the applicant's willingness to work
with the board, but the board cannot act on an application that is incomplete. The material should have
Planning Board
December 9, 1998
Page 3
been submitted in advance to give the Town Engineer time to review and respond to it. This matter will
not be resolved this evening.
Mr. Volpe apologized, stating he thought the map had been submitted. He will have a plan submitted for
the meeting next month, showing the movement of the house on the parcel as far as possible and will, to
the best of their ability, stop any siltation and any other problems that are important to the Zoning and
Planning boards.
Mr. Carpaneto asked that the revisions be presented as soon as possible.
Mr. Capicotto asked that new revisions be submitted within a week.
Dr. Mason stated that the record will be kept open. He asked if there were any other questions or
comments on this application. There were none. Dr. Mason asked Mr. Volpe to provide the material
requested. If the submission is an accurate representation of the wetlands, it is much larger than
anticipated.
Mr. Volpe said it has been so altered, it looks like a drainage system. He did not do that, but will try to
protect it the best he can. It clearly is not a stream. There is debris dumped all over the property, in the
so called possible tail of wetlands coming in.
Dr. Mason asked if Mr. Jaehnig can give the board some explanatory material as to the real nature of this
wetland in addition to what is there. He informed Mr. Volpe that he is dealing with two different boards
that have two different mandates. For clarity in presentation, Mr. Volpe should show something that
mitigates the size of the wetland. The consultant made a good presentation, but is there something that
would limit or modify the wetlands? That should be presented in the submissions for review, at least two
weeks before the meeting.
On a motion made by Mr. Darsky, seconded by Ms. Harrington, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, adjourned to the January 13, 1999
Planning Board meeting.
Dr. Mason read the application of item #2, which was skipped over, as follows:
PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT -
Christopher P. Knopp 28 Bonnie Way - Block 104 Lot 52.1 (adjourned 10/14/98: 11/11/98)
Ms. Aisen recused herself from the meeting at this time, due to the closeness of her residence to the subject
property.
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open.
The Public Stenographer was present for this meeting and her transcript will become a permanent part of
this record.
Chris Knopp said he has been before the board several times to construct a single-family house at 28
Bonnie Way. He has reports from wetlands experts, engineers, surveyors and has satisfied the Planning
Board requirements, except for two requested items from Mr. Capicotto's memo. The two changes he
requested have been made. He has the plan, which was just delivered. Unfortunately, he did not have the
plan of the 100-year flood plain and the map of the area showing adjacent properties within 500 ft. of the
site, ten days before the meeting as requested, which, therefore, was not submitted. As far as the wetlands
Planning Board
December 9, 1998
Page 4
issue, he has had several meetings with the Town staff, the Building Inspector, the Town Engineer and
believes he has come up with a solution to the concerns addressed, which will be borne almost entirely at
Mr. Knopp's expense. One neighbor, who has been present at several meetings, hired a consultant who
issued a report which he has reviewed and will answer any questions pertaining to that report. Mr. Knopp
said beyond that, baring more conditions from the Planning Board, he would like that the application be
moved along.
Mr. Capicotto asked the status of the easement on the property,and whether that easement extends through
the next property.
Mr. Knopp said there is an easement on the property. He does not know whether it continues across the
adjacent property. Possibly it was a condition of the original subdivision.
Mr. Capicotto said there is an easement currently on the property for drainage improvement, but the
easement is shown only on the property. The pipe would need to extend through the neighbor's property.
A discussion ensued regarding the easement, and the proposed construction because of the bedrock.
Ms. Gallent requested that the Building Department investigate this matter.
Mr. Carpaneto said it is not on the map.
Mr. Capicotto said if the neighbors do not mind the pipe, more than likely they won't mind the use of the
easement and a 15 in. pipe.
Mr. Knopp said there is a catch basin in the street and a catch basin under the proposed driveway. The
Town will hook into the catch basin in the street.
A discussion ensued regarding the costs involved in the proposed drainage improvements to be made.
Mr. Carpaneto said the proposed drainage project improvements are included in the 1999 capital budget.
Dr. Mason read into the record a memo received from Steve Altieri, dated December 9, 1998, to the
Planning Board regarding the proposed drainage improvements.
After further discussion regarding the plan Mr. Knopp was referring to this evening, he stated that the
board will receive a sketch of the plan before the next meeting.
Mr. Capicotto asked if the proposed catch basin between the proposed driveway will be pitched to drain
to that catch basin?
Mr. Knopp said it will be pitched if requested.
Mr. Harrington said the easement issue came up last month, and asked if the board will have an answer
to that issue.
Ms. Gallent said a letter was received yesterday, December 8, 1998, from an expert on the wetlands,
which the Town Consulting Engineer must address.
Ms. Harrington said she is assuming the Town is providing plans for something for which, it seems, no
easement exists.
Mr. Knopp said an easement exists.
Ms. Gallent said the easement issue has to be resolved.
Planning Board
December 9, 1998
Page 5
Ms. Knopp said he has permission to do work and pipe it back to the stream, with a catch basin in the
street and another in the back of the property.
The discussion continued, with Ms. Harrington stating in order to present plans to the board in a month
Mr. Knopp has to decide which course of action to take. The plans have to reflect whatever way Mr.
Knopp will proceed.
Dr. Mason said the manholes have to be addressed. He then asked Mr. Knopp is he had anything further
to add.
Mr. Knopp said he would like a chance to review any information that is submitted between now and the
next meeting in a timely fashion.
Dr. Mason said Mr. Knopp's point is well taken. Any information to be considered at the next meeting
must be submitted as follows;if a first submission to the board, it must be received 21 days before the date
of the meeting, responses must be received 10 days before the date of the next meeting, to allow a
reasonable time for review.
Dr. Mason asked if anyone wished to speak in favor of the application. There being no response, he asked
if anyone wished to speak in opposition to this application. Dr. Mason asked that those speaking not go
over previously submitted material or information that predates improvements made by the Town.
Barry Dichter, of 32 Bonnie Way, addressed the board.
After some discussion, Ms. Gallent advised Mr. Dichter if the information he is referring to pertains to
the original subdivision and is not in the record, Mr. Dichter will have to put it into the record.
Mr. Dichter said the street floods.
Mr. Knopp said he knows the street floods.
Dr. Mason said the board knows the street floods, but improvements have been made by the Town.
Mr. Dichter started his presentation. He said he will have copies made of the materials he wants submitted
to the Board for the review at the next meeting. With respect to the improvements that have been made,
they have been hearing for eight years that the improvements being made will solve the problem. Mr.
Dichter proceeded to detail the improvements made, and said the problem still exists.
Dr. Mason asked if Mr. Dichter knew how many acres in the watershed his street drains.
Mr. Dichter said he did not know.
After a lengthy presentation by Mr. & Mrs. Dichter about the drainage issue and previous submissions,
Dr. Mason said Mr. & Mrs. Dichter are addressing matters prior to improvements made. The board
understands there is a flooding problem. The question in his mind is what difference is Mr. Knopp's
project going to make in the flooding problem?
Mr. Dichter said Mr. Knopp is going to build a dam.
Dr. Mason said that Mr. Knopp has said he will provide a relief from that.
Mr. Dichter said the issue is whether or not the proposal is feasible and whether it will alleviate the
problem.
Dr. Mason said the Mr. Knopp is not obligated to alleviate Mr. Dichter's problem.
Planning Board
December 9, 1998
Page 6
Mr. Darsky said Mr. Dichter needs to prove that the new project is going to make matters worse. Then
the applicant needs to prove that what he proposes to do will alleviate the worst case scenario.
Mr. Dichter continued his presentation regarding the drainage system, the wetlands and the area of the
proposed development.
Mr. Darksy said the same pictures and the same flood conditions are presented at each meeting. He does
not hear any discussion that the planned activity is going to make it worse. That is what the board needs
to hear.
Mr. Dichter said the consultant will address that issue.
Dr. Mason said there is a proposal to provide a path, for the water to be redirected over.
Ms. Gallent asked the secretary to make sure the Board members and Mr. Potter are provided with a copy
of the January 1992 subdivision resolution.
Erwin Potter, of Environmental Systems Planning, addressed the Board. Mr. Potter said he is an
Environmentalist and a Landscape Architect. Mr. Potter will attempt to abbreviate and respond to the
letters from the various agencies. The CZMC, in its letter dated September 30, 1998, is looking for proof
of the effectiveness of the proposed drainage structure and proof that existing calculations will remain
accurate after the site is altered.
Dr. Mason asked if it is possible for the developer, with any type of structure, to provide an adequate
passageway for the water that is now traversing that piece of property.
Mr. Potter does not believe so, and said the backwatering, which is current, was discussed as a potential
engineering difficulty as one of the primary reasons the system is not working. Mr. Potter said the
mapping that the Town has is from both the 5-year flood way and the 10-year flood way, etc., indicates
that the level of water in the wetlands during a frequent storm, a 5-year storm, from the wetlands is up
around 90. Mr. Potter continued his presentation referring to the photographs before the board.
Mr. Capicotto said according to the most recent studies, around 1991, the 5-year flood plain elevation runs
through the back yards on all the houses on that side of the street. Mr. Capicotto said, as Mr. Dichter was
pointing out, there have been improvements but there has been no solution because it is in the flood plain.
There are improvements the Town can make that will help it drain quicker.
Mr. Potter continued to summarize the contents of his letter to the Planning Board, dated December 1,
1998, received December 9, 1998, which is a part of the record.
Mr. Capicotto informed those present that Malcolm Pirnie provided profiles into the stream.
A discussion ensued regarding the flood levels of a 5-year storm, the flooding and the problems that will
occur.
Mr. Capicotto said Bonnie Way is a flat area. There is a flood plain in the rear of the houses on the side
of the road of 28 Bonnie Way. The 5-year flood plain reaches the rear of all the houses, except for this
property which is a bit higher. There is no perfect solution to the problem. The end of the pipe will be
back charged, but the water will eventually make its way through. The pipe will have to be maintained
by the Town. Bonnie Way is a high priority as far as the Town maintenance. The flooding of the street
is occurring because the end of Bonnie Way has flow coming from New Rochelle, downhill and from all
corners into the two catch basins at the bottom of Briar Close. The water coming down Briar Close into
the catch basins does not have much of a chance of getting into the culvert.
Planning Board
December 9, 1998
Page 7
Dr. Mason said there is a main drain that comes down in that area and asked if there are any calculations
as to how big a watershed drains through those pipes.
Mr. Capicotto said he was not sure. He said he is looking to take the two catch basins at the bottom of
Brair Close, pipe them into another system on the other side of Bonnie Way to pick up drainage on both
sides and provide access to the brook. In a 5-year storm everything is flooded. However by providing
this pipe, there is a means for that water to eventually make its way out into the brook. It will be
maintained by the Town.
Mr. Darsky asked how often it will be cleaned, because if the pipe is not cleaned there will be an additional
problem.
Mr. Capicotto said that will have to be determined. If the drainage is put in to alleviate the problem, what
happened before should not change.
Mr. Darsky said if improvements are made on the property by the Town, the addition on this property will
not cause the situation to become worse.
Mr. Capicotto agreed.
Ms. Harrington said it seems a lot of the problem stems from the fact that the Town has not maintained
the pipes properly in the past. They have not been cleaned out. They found the pipes were plugged, but
no one realized they were plugged. How does the Town give assurance to the board and the property
owners that the Town is going to clear that up. Can this be written into whatever is approved?
Mr. Capicotto said the Town found that people cleaning their yards dump leaves and debris into the
culvert.
Ms. Harrington reiterated, does the board have a means of insuring that the Town keeps this drainage
clear? How does the board assure the property owners that this is going to be done, and how does the
board mandate to the Town this must be done.
Mr. Capicotto said it can be done.
Ms. Gallent thinks Ms. Harrington is suggesting the need for Mr. Altieri to address the board on this
matter.
Ms. Harrington said she needs to know that the Town understands the needs regarding this situation.
Dr. Mason said cleaning of the pipe on a time basis is not realistic, because maintenance is a function of
how many times there is a flow that causes flooding of the water and the siltation that occurs after various
storms.
A discussion ensued regarding the type of pipe used in this instance and the calculations used.
Mr. Capicotto asked that the back watering calculation be demonstrated, which he will review.
After further discussion, Dr. Mason said that Mr. Potter is changing the problem. The problem the board
is dealing with is, will this project, with all the ramifications required and building permitted, going to be
a net improvement, zero sum, or a destructive impact. Mr. Potter should focus his remarks on that.
Discussion continued,with Dr. Mason asking Mr. Knopp if he anticipated going above the filled property.
Mr. Knopp said yes, on the driveway side.
Planning Board
December 9, 1998
Page 8
Dr. Mason asked Mr. Knopp, to address that flow in his submissions. If it should become a surface flow,
where it would go. He would like to see the worst case scenario.
Mr. Dichter said he would like to review the calculations Mr. Capicotto will making in his submission to
the board.
Dr. Mason said anything in the file will be available.
Mr. Dichter referred to the 1991 letter from Malcolm Pimie showing the conclusions at that time.
Mr. Darsky said that was previous news.
Dr. Mason said he has asked Mr. Knopp to deal with a worst case scenario. He also asked the Town
Engineer, as consultant,to look at that same scenario. If, in that case, there is a greatly worsened situation
then currently exists, it must be considered.
Mr. Dichter asked about a topographical map.
Mr. Knopp and Mr. Capicotto said it was included with the submission.
Dr. Mason reiterated the time scheduled for submission of data for the next meeting. The public hearing
will not be closed, the record will remain open, and the matter will be adjourned to the January 13, 1999
Planning Board meeting.
On a motion made by Mr. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, adjourned to the January 13, 1999
Planning Board meeting.
Dr. Mason read the next application as follows:
PUBLIC HEARING -FRESHWATER WETLANDS AND WATER COURSES PERMIT - Beverley
H. Nalven - 91 Rockland Avenue - Block 210 Lot 588
On a motion made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open.
The Public Stenographer was present for this meeting and her transcript will become a permanent part of
this record.
Ms. Nalven said a letter was received form the Coastal Zone Management Commission (CZMC), which
is a part of the record.
Mr. Carpaneto informed the board that the proposed action was granted a variance before the Zoning Board
of Appeals.
After further discussion, Dr. Mason asked if there were any comments in opposition to this request. There
being none, on a motion made by Mr. Darsky, seconded by Mr. Papazian, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
Ms. Nalven read part of the text of the CZMC letter.
Planning Board
December 9, 1998
Page 9
Mr. Capicotto said the only conditions needed will be the erection and maintenance of a silt fence between
the proposed footings and river. All soils stockpiled on the site should be protected from erosion and
removed as soon as possible. A bond shall be set at $500.00.
Dr. Mason stated for the record that the board received a letter from the CZMC, dated November 6, 1998,
and a letter from Mr. Capicotto, of Malcolm Pirnie, dated December 7, 1998, stating there are no
problems.
Ms. Nalven said she had not received a copy of the Malcolm Pimie letter, and would like to receive a
copy.
Ms. Gallent informed Ms. Nalven that the letter is in the record.
On a motion made by Mr.Darsky, seconded by Ms. Harrington,the following resolution was unanimously
APPROVED:
WHEREAS, Beverley H. Nalven has applied for a permit pursuant to Mamaroneck Town Code Chapter
114 for the premises located at Lot No. 91 Rockland Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 210 Lot 588; and
WHEREAS, this Planning Board has previously determined that the proposed action is a Type II action
and that no further review is required under SEQRA; 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 Mamaroneck Town Code Chapter 114, that
the activity proposed is of a minor nature and is compatible pursuant to 6 NYCRR §665.7;
WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on
December 9, 1998;
NOW, THEREFORE, BE IT RESOLVED, that this Board makes finds 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 Beverley H. Nalven for a permit, pursuant to
Mamaroneck Town Code Chapter 114, be and it hereby is GRANTED subject to the following terms and
conditions:
Planning Board
December 9, 1998
Page 10
1. The contractor shall erect and maintain a silt fence between the proposed footings and the
River;
2. All soils stockpiled on the site should be protected from erosion and removed as soon as
possible;
3. This permit is personal to the applicant and may not be transferred to any other
individual, entity or combination thereof;
4. 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 and
the Town Erosion and Sedimentation Control Law;
5. Work involving site preparation shall only take place from Monday through Friday
between the hours of 8:30 a.m. and 4:30 p.m.;
6. A cash deposit or bond for $500.00 shall be furnished to the Town by the applicant to
ensure the satisfactory completion of the project and the rehabilitation of the affected or
disturbed area;
7. This permit shall expire upon completion of the proposed activity or one year from the
date of its issue whichever first occurs.
Dr. Mason read the next application as follows:
PUBLIC HEARING-SPECIAL PERMIT -Mrs. Green's Natural Market/Harold Hochberger -2460
Boston Post Road - Block 503 Lot 137
On a motion made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open.
The Public Stenographer was present for this meeting and her transcript will become a permanent part of
this record.
Harold Hochberger, the owner of Mrs. Green's Natural Market, appeared. Mr. Hochberger said his
business started in Scarsdale, then Larchmont/Mamaroneck. The current store was acquired in August of
'98, operating under Nature's Warehouse. He intends to use it as a retail space, selling vitamins, organic
produce, natural foods, etc.
Dr. Mason asked where the store is located.
Mr. Hochberger said he is located in the CVS, Staples shopping center.
Ms. Gallent said this is a renewal for a special permit, and asked Mr. Hochberger if he accepts the
conditions that were in the prior special permit.
Mr. Hochberger said he accepts the conditions.
Ms. Gallent informed the board that the matter was referred to the Westchester County Department of
Planning for comments. It has responded that it has no comments.
Dr. Mason asked if there were any other questions from the board. There were none. Dr. Mason asked
if this is an existing business that was purchased.
Planning Board
December 9, 1998
Page 11
Mr. Hochberger said yes.
Mr. Carpaneto informed the board that a change of ownership requires a special permit application.
Dr. Mason said this is a Type II action under SEQRA, and asked if there were any other comments. There
being none, Dr. Mason asked if there were any negative comments on this application. There being none,
on a motion made by Mr. Papazian, seconded by Ms. Harrington, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
On a motion made by Mr. Darsky, seconded by Ms. Harrington, the following resolution was unanimously
APPROVED:
WHEREAS, Mrs. Green's Natural Market/Harold Hochberger submitted an application for a Special Use
Permit for use of the premises at 2460 Boston Post Road and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 503 Lot 137 as a retail store; and
WHEREAS, a Public Hearing having been held on December 9, 1998 pursuant to notice; and
WHEREAS, the Planning Board having considered the application for a Special Use 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 Use Permit will be no more objectionable
to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other
aspects than would be the operations of any other permitted use not requiring a Special
Use Permit;
3. The proposed Special Use Permit use will be in harmony with the general health, safety
and welfare of the surrounding area by the nature of its particular location. It will not
adversely impact upon surrounding properties or surrounding property values.
BE IT FURTHER RESOLVED, that this Board approves the application of Mrs. Green's Natural
Market/Harold Hochberger for a Special Use Permit for a retail store subject to the following terms and
conditions:
1. All terms and conditions stipulated in the Site Plan approval granted by this Board on
February 10, 1993 shall apply, with the exception of E.1.
2. The hours of operation of the store shall be 9:00 a.m. to 9:00 p.m.
3. This permit shall expire after two (2) years.
4. This Special Use Permit is subject to the termination requirements set forth in Section
240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Zoning Code
of the Town of Mamaroneck.
Planning Board
December 9, 1998
Page 12
Dr. Mason read the next application as follows:
CONSIDERATION -SPECIAL PERMIT -Ming's Chinese Buffet, Inc./Edward A. Davidson - 1265
Boston Post Road - Block 412 Lot 449
Ed Davidson, of 100 Mamaroneck Avenue, Mamaroneck, New York, the attorney representing the
applicant, appeared. Mr. Davidson passed out a booklet containing information concerning the applicant,
marked exhibit#1. The application is for consideration of a special permit for a new restaurant at 1265
Boston Post Road, which is currently Nathan's Restaurant. Also present this evening are two of the
principals of the corporation, the gentleman in charge of all the operations, the gentleman in charge of the
arcade, the landlord of Nathan's, and Mr. DiGiacomo from MacDonald Neptune Signs. Since July of this
year, there have been informal meetings with Mr. Carpaneto, Mr. Altieri and Ms. Indelicato to get some
feedback as to this type of operation. Nathan's has been at this site since 1990 and has not been a
successful operation. The landlord has been looking to replace Nathan's, and Nathan's will be happy to
leave, when a viable tenant is found. The situation has been such that the landlord is actually rebating rent
back to Nathan's. Nathan's could not stay in business without the rebate. His client, who owns the
property, controls the game room and for that reason it is necessary to keep Nathan's in operation.
Dr. Mason asked if the new tenants will have a game room too.
Mr. Davidson said the game room, which has been in operation for approximately fifty years, will remain
primarily in the same location. Mr. Davidson said his clients currently operate eight restaurants throughout
New York, Connecticut and one in Massachusetts. They are very well versed in operating restaurants and
the type of restaurant that they are planning to open up will be very successful in this location.
Mr. Davidson proceeded to give some background information on this site, up to this point in time.
Mr. Davidson said his client intends to invest approximately one-half a million dollars between the
operation and the interior, exterior improvements that will be done. A substantial investment that certainly
will change the look of the restaurant to be more in keeping with the spirit of the Town of Mamaroneck.
The proposal is for a full restaurant operation.
Mr. Darsky asked what definition the code has for a fast-food restaurant, which the board researched and
discussed.
Mr. Davidson said one of the concerns with this location has been odor control, and this has been discussed
with Mr. Carpaneto. An odor control system will be installed on the roof to eliminate odors coming out,
for approximately $80,000. In addition to that investment, his client also has to put wiring in the building
just for that system for about $25,000.00. Basically, the structural integrity of the building requires that
type of expense. There is will also be a state-of-the-art kitchen, which will help eliminate any kind of
odors emanating from the restaurant. The hours of operation will be similar, but less than the hours of
operation for Nathan's, because of the game room hours but not later hours. The proposal is for a family
restaurant. The applicants do not have a liquor license, and will not be applying for one. None of the
other locations owned by his clients have a liquor license. There are 98 parking spaces. Based upon the
square footage of the building only 81 spaces are needed, having an excess of 17 more spaces than
necessary. In addition, the applicant is permitted to have 241 seats, but is seeking only 228 seats. The
applicant is conforming with respect to signs. Mr. DeGiacomo, who is familiar with the code requirements
of the Town, will be submitting signage at a later date to the Board of Architectural Review. There will
be two signs, one at each of the entrances.
A discussion ensued regarding permitted signage.
Dr. Mason asked if there will be signs on the building.
Mr. Davidson said there will be no signage on the building.
• Planning Board
December 9, 1998
Page 13
Mr. Davidson said the awning will be coming off and a mansard roof will be installed.
Mr. Davoli said all the units are behind the awning. The mansard roof will shield all of the roofing units.
A discussion ensued regarding other variances that may be needed for the restaurant.
Mr. Davidson reiterated that his client has eight successful operations.
Ms. Harrington asked if it will be a buffet.
Mr. Davidson said it is a full-service restaurant. The operation has been successful with a buffet, which
will be available for both lunch and dinner, but there is a full menu as well. Mr. Davidson said enclosed
in the packet submitted as exhibit#1, is a copy of a menu from one of the other operations.
Ms. Harrington asked if the windmill will be removed.
Mr. Davidson said no thought had been given that matter, but it can be removed.
Ms. Gallent mentioned that there is an existing special permit. If the conditions in that permit are to
remain the same in all material respects, it will be a Type II action. If not, it will be an unlisted action.
Mr. Davidson said he would like to review the special permit. For the most part, the conditions will
probably be accepted.
Ms. Gallent suggested prior to the next meeting, that Mr. Davidson be supplied with a copy of Nathan's
Special Permit, which the secretary will provide.
Mr. Papazian asked Mr. Davidson about the game room.
Mr. Davidson said the game room will be in the same location. There may be a reconfiguration because
of the kitchen being replaced. It will be operated by the same parties who have been operating it since
1980, Mr. Getland and his family.
Dr. Mason said Mr. Davidson now knows what is needed for the next meeting,and does not anticipate any
problem.
Mr. Darsky asked if the owners of the restaurant portion will be involved at this location.
Mr. Davidson said the owners of the restaurant will be involved. The wife will be the manager/hostess,
and currently works in the Yonkers location.
Mr. Darsky said then ownership will be on the premises.
Mr. Davidson said that is correct.
Mr. Capicotto asked how the filter system is maintained.
Mr. Davoli,of Pyramid Brokerage Co., Inc., said that system has been in the Albany operation. A backup
supply of forty 24 in. by 24 in blocks of charcoal is kept. Every six months to one year those have to be
changed, which then get shipped to a company in New Jersey who recharges them.
Dr. Mason asked if precipitators were used in addition to charcoal, and what kind is used.
Mr. Capicotto said that is for removing the grease and the charcoal is for odors.
Planning Board
December 9, 1998
Page 14
Dr. Mason said there is no fire hazard, and the Town will not run into a problem with the fire department.
Mr. Davoli said he is not an engineer, but in Albany they were very particular and this filled all of the
standards of the health and fire department.
Dr. Mason asked that Mr. Davoli submit the specs on that with the application.
Mr. Davoli said that was submitted at the initial meeting. The engineers will be coming to design a system
for that location.
Dr. Mason said the manufacturers have some sort of catalogue.
Mr. Davoli said that was already provided.
Mr. Darsky asked the timing of the project.
Mr. Davidson said obviously there will be a public hearing next month. Nathan's will leave when Ming's
can move forward. The applicants would like to start renovating the building as soon as the Town can give
the necessary approvals.
Ms. Harrington said conceivably that could be January 14, 1999.
Mr. Davoli said the applicants would like to start as soon as possible.
Mr. Carpaneto said the matter will be heard by the BAR for signage and the facade.
Dr. Mason scheduled the matter for a public hearing to be held on January 13, 1999, and reiterated the
rules for submission as previously stated. He informed Mr. Davidson to contact the secretary for the
public notice and the radius for notice, as the applicant is responsible for sending the notice.
Dr. Mason read the next application as follows:
CONSIDERATION - FRESHWATER WETLANDS AND WATER COURSES PERMIT -
Westchester Classic Builders - Fenbrook Drive - Block 309 Lot 31
Marc Mustacato appeared for the applicant. He said the application pertains to the construction of a
residence particularly to the driveway, which is within 100 ft. of an area on the adjacent property, lot 31,
in the wetland area. On the site plan, that portion of the wetland can be seen. That area of the wetland
delineation was look at by one of the Town Consultants and verified by his own consultant, that the soil
vegetation condition was indigenous to a wetland.
Dr. Mason asked Mr. Mustacato to explain to the board what he proposes to do.
Mr. Mustacato said that area is actually a man-made created detention basin. The bottom of that basin has
8 in. to 10 in. of silt which has accumulated, because it has not been maintained. In that silt, wetlands
vegetation has grown. Mr. Mustacato said he believes it is supposed to maintained and cleaned out by the
town. If the silt is cleaned out, the wetland vegetation is cleaned out as well and it is no longer a wetland.
It doesn't meet the Town criteria of an area code wetlands because a wetlands is approximately 2,827 sq.
ft. Mr. Mustacato said he is present for a wetlands hearing, but does not believe he the property meets
the criteria for a wetlands. It is not large enough, and it is a man-made detention basin created as part of
a subdivision.
Dr. Mason asked what is the lining material of the basin.
Mr. Mustacato said rock and soil. It was built as a detention basin to hold ground water.
Planning Board
December 9, 1998
Page 15
After considerable discussion regarding the detention basis, Eliot Senor, appeared and said the detention
basin was created to pick up, as part of the original subdivision of that area, water from the cul-de-sac goes
through the detention basin and leaks out into the street toward Fenbrook. It was designed to trap silt, so
it does not clog downstream. Because there was never maintenance, it has created about 10 in. to 12 in.
of silt material.
Dr. Mason asked why does Mr. Senor want to do this.
Mr. Senor said the applicant has two lots, this lot, as well as the adjacent lot which is adjacent to a
wetlands. Due to this fact, he has to come for a wetlands permit. The applicant is present for a wetlands
permit or to be allowed to clean out the detention basin and then there is no more wetland.
Dr. Mason asked that the Consulting Engineer review same and provide the board with his determination.
He also suggested to the board that this matter be scheduled for a public hearing as well as the wetlands
on January 13, 1999, with the understanding if it is determined it is not a wetland then there will not be
a hearing.
Mr. Papazian asked who determined it was a wetland.
Mr. Senor said a report was received from Steve Coleman. Mr. Coleman and Mr. Athey had gone out
and looked at it.
Dr. Mason asked Mr. Athey why he thinks it is a wetlands.
Mr. Athey said he visited the site with Mr. Coleman, who made the determination.
A discussion ensued regarding a survey of the site.
Mr. Mustacato said it should be verified that it is a wetlands type zone. Mr. Mustacato submitted a letter
from Erwin N. Potter and Associates, Environmental Systems Planning, Ltd., marked exhibit #1.
On a motion made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, adjourned to the January 13, 1999
Planning Board to address this issue.
Mr. Capicotto had two questions. Regardless of wetlands or not, will the driveway be pitched toward the
road all the way up to where that drain is.
Mr. Mustacato said it will be pitched from the drain back to the road.
Mr. Capicotto suggested that be looked at in the erosion control application. If it is a wetlands, curb
maintenance will be addressed later. The other questions concern utilities coming into the project.
Mr. Mustacato said the utilities will come in under the driveway.
Mr. Darsky said more information is needed.
Ms. Gallent said consideration is something the Planning Board requires prior to a public hearing, so that
information that is needed can be requested and submitted.
Ms. Senor said the property is adjacent to a detention structure.
Ms. Gallent asked if this matter had to be referred to the Westchester County Department of Planning.
• Planning Board
December 9, 1998
Page 16
Mr. Athey said it did not have to be referred.
Dr. Mason read the next application as follows:
CONSIDERATION - SPECIAL PERMIT - 1-800-Flowers - 1370 Boston Post Road - Block 410 Lot
1
John Notaro,who represents the firm of Notaro Grupp Architects&Planners in Long Island and Melville,
appeared. The firm handles 1-800-Flowers,who is planning to convert the Kentucky Fried Chicken(KFC)
restaurant,which is not operating, into a flower shop. Mr. Notaro presented four(4)photographs, market
exhibit #1, which shows the current building from different views. The character of the building
architecturally will not change, other than a coloration change. Olive green will be used on the base of
the building and the top band. The canopy, which is red, will be a light beige, as shown on exhibit #2.
The interior will be reconfigured, to accommodate the flower shop. At the rear of the building the
applicant would like to construct a cooler, painted to match the building,which will be screened with some
plantings as shown on the site plan, along with a decorative white wood fence which replaces the current
stockade fence also shown in the pictures.
Dr. Mason asked how close it would be to the border between the properties.
Mr. Notaro said there is a 25 ft. buffer, and there will be no encroachment. The landscaping on the
property will be cleaned up, the pavement will be coated and restriped as soon as possible. Mr. Notaro
understands there have been complaints about litter and debris on the property. The lease went into effect
about a month ago, and the debris will be cleaned up, if not already done.
Dr. Mason asked if there will be any kind of a greenhouse operation.
Mr. Notaro said no, it will be strictly retail flowers, knickknacks, potted plants, etc.
Mr. Capicotto asked about the use of the fenced in area.
Mr. Notaro said it is currently an enclosed area, which will be used for a dumpster.
Ms. Harrington asked what the days and hours of operation will be.
Mr. Notaro said they are planning seven days a week, more often six days a week. The hours of operation
can be from 9:00/10:00 a.m. to 8:00, 9:00, 10:00 or 11:00 p.m. depending on the location, volume of
traffic and whether or not it is a holiday season.
Ms. Harrington said the days and hours of operation become the conditions of the permit, and it must be
specified.
Mr. Notaro said then the hours of operations will be from 8:00 a.m. to 11:00 p.m., seven days a week.
Due to the fact that it is not a fast-food restaurant, there will be no odors. The refrigeration equipment
is minimal.
Ms. Harrington asked if there will be flower deliveries.
Mr. Notaro said flower deliveries are scheduled only during hours of operation.
Dr. Mason asked if this operation is a franchise.
Mr. Notaro said there are franchise stores, but at this time in the northeast region the stores are developed
and run by the company.
Planning Board
December 9, 1998
Page 17
Mr. Darsky asked how many stores Mr. Notaro personally started.
Mr. Notaro said fifteen stores.
Mr. Darsky asked what problems Mr. Notaro has had.
Mr. Notaro said he has not run into any problems. He also handles 711's.
Mr. Darsky asked what vehicles are used for the flower shop.
Mr. Notaro said a white painted van, with the logo on the side.
Mr. Capicotto asked if there is a 24 hour number.
Mr. Notaro said there are three call centers in the country, one in Long Island. They currently work with
a local network of local flower shops.
Mr. Notaro has submitted a BAR application, which is scheduled for December 17, 1998, and would like
to go forward.
Dr. Mason said he would like to schedule a public hearing for January 13, 1999 and hopes the applicant
has all the information needed.
On a motion made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED, that this matter be, and hereby is, adjourned to the January 13, 1999 Planning
Board meeting.
NEXT MEETING
The next meeting of this Board will be held on January 13, 1999.
ADJOURNMENT
On a motion duly made and seconded, the meeting was unanimously adjourned at 10:30 p.m.
Marguerit oma, Recording Secretary
MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
DECEMBER 9, 1998, IN THE COURT ROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: C. Alan Mason, Acting Chairman
May W. Aisen
Richard H. Darsky
Linda S. Harrington
Edmund Papazian
Absent: Marilyn S. Reader, Chairwoman
Also Present: Judith M. Gallent, Counsel
Antonio V. Capicotto, Consulting Engineer
Michele Nieto, Public Stenographers
Terranova, Kazazes & Associates, Ltd.
40 Eighth Street
New Rochelle, New York 10801
Marguerite Roma, Recording Secretary
CALL TO ORDER
The meeting was called to order by Acting Chairman, Dr. Mason, at 8:15 p.m.
APPROVAL OF MINUTES
Dr. Mason asked if the Board members had reviewed the draft Minutes of November 11, 1998 and if there
were any amendments. There being none, on a motion made by Mr. Papazian, seconded by Ms.
Harrington, the Minutes were unanimously approved.
Dr. Mason read the application as follows:
PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT -
Christopher P. Knopp 28 Bonnie Way - Block 104 Lot 52.1 (adjourned 10/14/98; 11/11/98)
Mrs. Dichter asked if the Board would wait a few minutes to call this case.
Dr. Mason said the next matter can be taken out of order, if the next person is prepared. Dr. Mason asked •
Mr. Knopp if he objected.
Mr. Knopp did not object.
Dr. Mason read the next application as follows:
PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Henry
Compi - 19 Fenbrook Drive - Block 309 Lot 9
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open.
Planning Board
December 9, 1998
Page 2
The Public Stenographer was present for this meeting and her transcript will become a permanent part of
this record.
Gregor Volpe, project manager for the Compi family of 19 Fenbrook Drive, appeared. Mr. Volpe is
before the Board, as he was last month, to present a plan to build a single-family residence on 19 Fenbrook
Drive in the Town of Mamaroneck. He informed the board that the architect is also present to review the
plans submitted.
Mr. Capicotto said at the previous meeting there was discussion about moving the house approximately 12 •
ft. toward the road, to get away from the growth in back.
Mr. Volpe said the house can be moved 10 ft. or 12 ft., and asked if the envelope line is counted in
making a determination.
A discussion ensued regarding how the Building Department determines whether or not the envelope line
is counted in a making a determination.
Mr. Carpaneto said the line must be counted, and that the zoning setback has to be met.
Mr. Papazian said it doesn't make any difference, as Mr. Volpe is saying he is willing to move the house
forward, as close to the property line as permissible, in accordance with the zoning ordinance.
Mr. Volpe said it will be 8 ft. to 10 ft. or 12 ft.
Dr. Mason said when Mr. Volpe was previously before the Board, a map of the wetlands had been
requested.
Mr. Volpe said a map of the wetlands was prepared, and submitted same as exhibit#1.
Dr. Mason asked if this exhibit is the same one as submitted to the Coastal Zone Management Commission
(CZMC).
Mr. Volpe said it is the same exhibit submitted, approximately two weeks ago, to the CZMC. Discussed
at that meeting was the fact that when the cul-de-sac and development was done, it totally disturbed the
wetlands area. He then discussed the surrounding properties, stating this piece of property is an isolated
pie piece.
Mr. Capicotto said the applicant informed the board at the last meeting that the house can be moved and
was told a wetlands map was needed.
Ms. Gallent said the letter was received this evening from the CZMC, in addition to receiving the wetlands
map. The public hearing can be kept open.
Mr. Volpe said he did not know the submission was not made. Mr. Volpe will submit drawings showing
the movement of the house, if the board so wishes. He will use a siltation fence, a plastic cover will be
put over the topsoil to avoid erosion and will follow the guidelines for construction procedures of the
Building Department. He also said that a code 53 number will be called in.
Dr. Mason said when the property was subdivided, there was a great deal of opposition because of the
wetlands. The board realizes the property was purchased in good faith and was designated as a buildable
lot. It puts the board in a position of having to honor certain obligations made by the Town, and at the
same time try to do as little damage as possible. The board appreciates the applicant's willingness to work
with the board, but the board cannot act on an application that is incomplete. The material should have
Planning Board
December 9, 1998
Page 3
been submitted in advance to give the Town Engineer time to review and respond to it. This matter will
not be resolved this evening.
Mr. Volpe apologized, stating he thought the map had been submitted. He will have a plan submitted for
the meeting next month, showing the movement of the house on the parcel as far as possible and will, to
the best of their ability, stop any siltation and any other problems that are important to the Zoning and
Planning boards.
Mr. Carpaneto asked that the revisions be presented as soon as possible.
Mr. Capicotto asked that new revisions be submitted within a week.
Dr. Mason stated that the record will be kept open. He asked if there were any other questions or
comments on this application. There were none. Dr. Mason asked Mr. Volpe to provide the material
requested. If the submission is an accurate representation of the wetlands, it is much larger than
anticipated.
Mr. Volpe said it has been so altered, it looks like a drainage system. He did not do that, but will try to
protect it the best he can. It clearly is not a stream. There is debris dumped all over the property, in the
so called possible tail of wetlands coming in.
Dr. Mason asked if Mr. Jaehnig can give the board some explanatory material as to the real nature of this
wetland in addition to what is there. He informed Mr. Volpe that he is dealing with two different boards
that have two different mandates. For clarity in presentation, Mr. Volpe should show something that
mitigates the size of the wetland. The consultant made a good presentation, but is there something that
would limit or modify the wetlands? That should be presented in the submissions for review, at least two
weeks before the meeting.
On a motion made by Mr. Darsky, seconded by Ms. Harrington, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, adjourned to the January 13, 1999
Planning Board meeting.
Dr. Mason read the application of item #2, which was skipped over, as follows:
PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT -
Christopher P. Knopp 28 Bonnie Way - Block 104 Lot 52.1 (adjourned 10/14/98; 11/11/98)
Ms. Aisen recused herself from the meeting at this time, due to the closeness of her residence to the subject
property.
On a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open.
The Public Stenographer was present for this meeting and her transcript will become a permanent part of
this record. •
Chris Knopp said he has been before the board several times to construct a single-family house at 28
Bonnie Way. He has reports from wetlands experts, engineers, surveyors and has satisfied the Planning
Board requirements, except for two requested items from Mr. Capicotto's memo. The two changes he
requested have been made. He has the plan, which was just delivered. Unfortunately, he did not have the
plan of the 100-year flood plain and the map of the area showing adjacent properties within 500 ft. of the
site, ten days before the meeting as requested, which, therefore, was not submitted. As far as the wetlands
Planning Board
December 9, 1998
Page 4
issue, he has had several meetings with the Town staff, the Building Inspector, the Town Engineer and
believes he has come up with a solution to the concerns addressed, which will be borne almost entirely at
Mr. Knopp's expense. One neighbor, who has been present at several meetings, hired a consultant who
issued a report which he has reviewed and will answer any questions pertaining to that report. Mr. Knopp
said beyond that, baring more conditions from the Planning Board, he would like that the application be
moved along.
Mr. Capicotto asked the status of the easement on the property, and whether that easement extends through
the next property.
Mr. Knopp said there is an easement on the property. He does not know whether it continues across the
adjacent property. Possibly it was a condition of the original subdivision.
Mr. Capicotto said there is an easement currently on the property for drainage improvement, but the
easement is shown only on the property. The pipe would need to extend through the neighbor's property.
A discussion ensued regarding the easement, and the proposed construction because of the bedrock.
Ms. Gallent requested that the Building Department investigate this matter.
Mr. Carpaneto said it is not on the map.
Mr. Capicotto said if the neighbors do not mind the pipe, more than likely they won't mind the use of the
easement and a 15 in. pipe.
Mr. Knopp said there is a catch basin in the street and a catch basin under the proposed driveway. The
Town will hook into the catch basin in the street.
A discussion ensued regarding the costs involved in the proposed drainage improvements to be made.
Mr. Carpaneto said the proposed drainage project improvements are included in the 1999 capital budget.
Dr. Mason read into the record a memo received from Steve Altieri, dated December 9, 1998, to the
Planning Board regarding the proposed drainage improvements.
After further discussion regarding the plan Mr. Knopp was referring to this evening, he stated that the
board will receive a sketch of the plan before the next meeting.
Mr. Capicotto asked if the proposed catch basin between the proposed driveway will be pitched to drain
to that catch basin?
Mr. Knopp said it will be pitched if requested.
Mr. Harrington said the easement issue came up last month, and asked if the board will have an answer
to that issue.
Ms. Gallent said a letter was received yesterday, December 8, 1998, from an expert on the wetlands,
which the Town Consulting Engineer must address.
Ms. Harrington said she is assuming the Town is providing plans for something for which, it seems, no
easement exists.
Mr. Knopp said an easement exists.
Ms. Gallent said the easement issue has to be resolved.
Planning Board
December 9, 1998
Page 5
Ms. Knopp said he has permission to do work and pipe it back to the stream, with a catch basin in the
street and another in the back of the property.
The discussion continued, with Ms. Harrington stating in order to present plans to the board in a month
Mr. Knopp has to decide which course of action to take. The plans have to reflect whatever way Mr.
Knopp will proceed.
Dr. Mason said the manholes have to be addressed. He then asked Mr. Knopp is he had anything further
to add.
Mr. Knopp said he would like a chance to review any information that is submitted between now and the
next meeting in a timely fashion.
Dr. Mason said Mr. Knopp's point is well taken. Any information to be considered at the next meeting
must be submitted as follows;if a first submission to the board, it must be received 21 days before the date
of the meeting, responses must be received 10 days before the date of the next meeting, to allow a
reasonable time for review.
Dr. Mason asked if anyone wished to speak in favor of the application. There being no response, he asked
if anyone wished to speak in opposition to this application. Dr. Mason asked that those speaking not go
over previously submitted material or information that predates improvements made by the Town.
Barry Dichter, of 32 Bonnie Way, addressed the board.
After some discussion, Ms. Gallent advised Mr. Dichter if the information he is referring to pertains to
the original subdivision and is not in the record, Mr. Dichter will have to put it into the record.
Mr. Dichter said the street floods.
Mr. Knopp said he knows the street floods.
Dr. Mason said the board knows the street floods, but improvements have been made by the Town.
Mr. Dichter started his presentation. He said he will have copies made of the materials he wants submitted
to the Board for the review at the next meeting. With respect to the improvements that have been made,
they have been hearing for eight years that the improvements being made will solve the problem. Mr.
Dichter proceeded to detail the improvements made, and said the problem still exists.
Dr. Mason asked if Mr. Dichter knew how many acres in the watershed his street drains.
Mr. Dichter said he did not know.
After a lengthy presentation by Mr. & Mrs. Dichter about the drainage issue and previous submissions,
Dr. Mason said Mr. & Mrs. Dichter are addressing matters prior to improvements made. The board
understands there is a flooding problem. The question in his mind is what difference is Mr. Knopp's
project going to make in the flooding problem?
Mr. Dichter said Mr. Knopp is going to build a dam.
Dr. Mason said that Mr. Knopp has said he will provide a relief from that.
Mr. Dichter said the issue is whether or not the proposal is feasible and whether it will alleviate the
problem.
Dr. Mason said the Mr. Knopp is not obligated to alleviate Mr. Dichter's problem.
Planning Board
December 9, 1998
Page 6
Mr. Darsky said Mr. Dichter needs to prove that the new project is going to make matters worse. Then
the applicant needs to prove that what he proposes to do will alleviate the worst case scenario.
Mr. Dichter continued his presentation regarding the drainage system, the wetlands and the area of the
proposed development.
Mr. Darksy said the same pictures and the same flood conditions are presented at each meeting. He does
not hear any discussion that the planned activity is going to make it worse. That is what the board needs
to hear.
Mr. Dichter said the consultant will address that issue.
Dr. Mason said there is a proposal to provide a path, for the water to be redirected over.
Ms. Gallent asked the secretary to make sure the Board members and Mr. Potter are provided with a copy
of the January 1992 subdivision resolution.
Erwin Potter, of Environmental Systems Planning, addressed the Board. Mr. Potter said he is an
Environmentalist and a Landscape Architect. Mr. Potter will attempt to abbreviate and respond to the
letters from the various agencies. The CZMC, in its letter dated September 30, 1998, is looking for proof
of the effectiveness of the proposed drainage structure and proof that existing calculations will remain
accurate after the site is altered.
Dr. Mason asked if it is possible for the developer, with any type of structure, to provide an adequate
passageway for the water that is now traversing that piece of property.
Mr. Potter does not believe so, and said the backwatering, which is current, was discussed as a potential
engineering difficulty as one of the primary reasons the system is not working. Mr. Potter said the
mapping that the Town has is from both the 5-year flood way and the 10-year flood way, etc., indicates
that the level of water in the wetlands during a frequent storm, a 5-year storm, from the wetlands is up
around 90. Mr. Potter continued his presentation referring to the photographs before the board.
Mr. Capicotto said according to the most recent studies, around 1991, the 5-year flood plain elevation runs
through the back yards on all the houses on that side of the street. Mr. Capicotto said, as Mr. Dichter was
pointing out, there have been improvements but there has been no solution because it is in the flood plain.
There are improvements the Town can make that will help it drain quicker.
Mr. Potter continued to summarize the contents of his letter to the Planning Board, dated December 1,
1998, received December 9, 1998, which is a part of the record.
Mr. Capicotto informed those present that Malcolm Pirnie provided profiles into the stream.
A discussion ensued regarding the flood levels of a 5-year storm, the flooding and the problems that will
occur.
Mr. Capicotto said Bonnie Way is a flat area. There is a flood plain in the rear of the houses on the side
of the road of 28 Bonnie Way. The 5-year flood plain reaches the rear of all the houses, except for this
property which is a bit higher. There is no perfect solution to the problem. The end of the pipe will be
back charged, but the water will eventually make its way through. The pipe will have to be maintained
by the Town. Bonnie Way is a high priority as far as the Town maintenance. The flooding of the street
is occurring because the end of Bonnie Way has flow coming from New Rochelle, downhill and from all
corners into the two catch basins at the bottom of Briar Close. The water coming down Briar Close into
the catch basins does not have much of a chance of getting into the culvert.
Planning Board
December 9, 1998
Page 7
Dr. Mason said there is a main drain that comes down in that area and asked if there are any calculations
as to how big a watershed drains through those pipes.
Mr. Capicotto said he was not sure. He said he is looking to take the two catch basins at the bottom of
Brair Close, pipe them into another system on the other side of Bonnie Way to pick up drainage on both
sides and provide access to the brook. In a 5-year storm everything is flooded. However by providing
this pipe, there is a means for that water to eventually make its way out into the brook. It will be
maintained by the Town.
Mr. Darsky asked how often it will be cleaned, because if the pipe is not cleaned there will be an additional
problem.
Mr. Capicotto said that will have to be determined. If the drainage is put in to alleviate the problem, what
happened before should not change.
Mr. Darsky said if improvements are made on the property by the Town, the addition on this property will
not cause the situation to become worse.
Mr. Capicotto agreed.
Ms. Harrington said it seems a lot of the problem stems from the fact that the Town has not maintained
the pipes properly in the past. They have not been cleaned out. They found the pipes were plugged, but
no one realized they were plugged. How does the Town give assurance to the board and the property
owners that the Town is going to clear that up. Can this be written into whatever is approved?
Mr. Capicotto said the Town found that people cleaning their yards dump leaves and debris into the
culvert.
Ms. Harrington reiterated, does the board have a means of insuring that the Town keeps this drainage
clear? How does the board assure the property owners that this is going to be done, and how does the
board mandate to the Town this must be done.
Mr. Capicotto said it can be done.
Ms. Gallent thinks Ms. Harrington is suggesting the need for Mr. Altieri to address the board on this
matter.
Ms. Harrington said she needs to know that the Town understands the needs regarding this situation.
Dr. Mason said cleaning of the pipe on a time basis is not realistic, because maintenance is a function of
how many times there is a flow that causes flooding of the water and the siltation that occurs after various
storms.
A discussion ensued regarding the type of pipe used in this instance and the calculations used.
Mr. Capicotto asked that the back watering calculation be demonstrated, which he will review.
After further discussion, Dr. Mason said that Mr. Potter is changing the problem. The problem the board
is dealing with is, will this project, with all the ramifications required and building permitted, going to be
a net improvement, zero sum, or a destructive impact. Mr. Potter should focus his remarks on that.
Discussion continued,with Dr. Mason asking Mr. Knopp if he anticipated going above the filled property.
Mr. Knopp said yes, on the driveway side.
Mb.
Planning Board
December 9, 1998
Page 8
Dr. Mason asked Mr. Knopp, to address that flow in his submissions. If it should become a surface flow,
where it would go. He would like to see the worst case scenario.
Mr. Dichter said he would like to review the calculations Mr. Capicotto will making in his submission to
the board.
Dr. Mason said anything in the file will be available.
Mr. Dichter referred to the 1991 letter from Malcolm Pirnie showing the conclusions at that time.
Mr. Darsky said that was previous news.
Dr. Mason said he has asked Mr. Knopp to deal with a worst case scenario. He also asked the Town
Engineer, as consultant,to look at that same scenario. If, in that case, there is a greatly worsened situation
then currently exists, it must be considered.
Mr. Dichter asked about a topographical map.
Mr. Knopp and Mr. Capicotto said it was included with the submission.
Dr. Mason reiterated the time scheduled for submission of data for the next meeting. The public hearing
will not be closed, the record will remain open, and the matter will be adjourned to the January 13, 1999
Planning Board meeting.
On a motion made by Mr. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED; that the Public Hearing be, and hereby is, adjourned to the January 13, 1999
Planning Board meeting.
Dr. Mason read the next application as follows:
PUBLIC HEARING -FRESHWATER WETLANDS AND WATER COURSES PERMIT - Beverley
H. Nalven - 91 Rockland Avenue - Block 210 Lot 588
On a motion made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open.
The Public Stenographer was present for this meeting and her transcript will become a permanent part of
this record.
Ms. Nalven said a letter was received form the Coastal Zone Management Commission (CZMC), which
is a part of the record.
Mr. Carpaneto informed the board that the proposed action was granted a variance before the Zoning Board
of Appeals.
After further discussion, Dr. Mason asked if there were any comments in opposition to this request. There `
being none, on a motion made by Mr. Darsky, seconded by Mr. Papazian, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
Ms. Nalven read part of the text of the CZMC letter.
Planning Board
December 9, 1998
Page 9
Mr. Capicotto said the only conditions needed will be the erection and maintenance of a silt fence between
the proposed footings and river. All soils stockpiled on the site should be protected from erosion and
removed as soon as possible. A bond shall be set at $500.00.
Dr. Mason stated for the record that the board received a letter from the CZMC, dated November 6, 1998,
and a letter from Mr. Capicotto, of Malcolm Pimie, dated December 7, 1998, stating there are no
problems.
Ms. Nalven said she had not received a copy of the Malcolm Pirnie letter, and would like to receive a
copy.
Ms. Gallent informed Ms. Nalven that the letter is in the record.
On a motion made by Mr. Darsky, seconded by Ms. Harrington,the following resolution was unanimously
APPROVED:
WHEREAS, Beverley H. Nalven has applied for a permit pursuant to Mamaroneck Town Code Chapter
114 for the premises located at Lot No. 91 Rockland Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 210 Lot 588; and
WHEREAS, this Planning Board has previously determined that the proposed action is a Type 11 action
and that no further review is required under SEQRA; 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 Mamaroneck Town Code Chapter 114, that
the activity proposed is of a minor nature and is compatible pursuant to 6 NYCRR §665.7;
WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on
December 9, 1998;
NOW, THEREFORE, BE IT RESOLVED, that this Board makes finds 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 Beverley H. Nalven for a permit, pursuant to
Mamaroneck Town Code Chapter 114, be and it hereby is GRANTED subject to the following terms and
conditions:
Planning Board
December 9, 1998
Page 10
1. The contractor shall erect and maintain a silt fence between the proposed footings and the
River;
2. All soils stockpiled on the site should be protected from erosion and removed as soon as
possible;
3. This permit is personal to the applicant and may not be transferred to any other
individual, entity or combination thereof;
4. 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 and
the Town Erosion and Sedimentation Control Law;
5. Work involving site preparation shall only take place from Monday through Friday
between the hours of 8:30 a.m. and 4:30 p.m.;
6. A cash deposit or bond for $500.00 shall be furnished to the Town by the applicant to
ensure the satisfactory completion of the project and the rehabilitation of the affected or
disturbed area;
7. This permit shall expire upon completion of the proposed activity or one year from the
date of its issue whichever first occurs.
Dr. Mason read the next application as follows:
PUBLIC HEARING-SPECIAL PERMIT-Mrs. Green's Natural Market/Harold Hochberger -2460
Boston Post.Road - Block 503 Lot 137
On a motion made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open.
The Public Stenographer was present for this meeting and her transcript will become a permanent part of
this record.
Harold Hochberger, the owner of Mrs. Green's Natural Market, appeared. Mr. Hochberger said his
business started in Scarsdale, then Larchmont/Mamaroneck. The current store was acquired in August of
'98, operating under Nature's Warehouse. He intends to use it as a retail space, selling vitamins, organic
produce, natural foods, etc.
Dr. Mason asked where the store is located.
Mr. Hochberger said he is located in the CVS, Staples shopping center.
Ms. Gallent said this is a renewal for a special permit, and asked Mr. Hochberger if he accepts the
conditions that were in the prior special permit.
Mr. Hochberger said he accepts the conditions.
Ms. Gallent informed the board that the matter was referred to the Westchester County Department of
Planning for comments. It has responded that it has no comments.
Dr. Mason asked if there were any other questions from the board. There were none. Dr. Mason asked
if this is an existing business that was purchased.
Planning Board
December 9, 1998
Page 11
Mr. Hochberger said yes.
Mr. Carpaneto informed the board that a change of ownership requires a special permit application.
Dr. Mason said this is a Type II action under SEQRA,and asked if there were any other comments. There
being none, Dr. Mason asked if there were any negative comments on this application. There being none,
on a motion made by Mr. Papazian, seconded by Ms. Harrington, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
On a motion made by Mr. Darsky, seconded by Ms. Harrington,the following resolution was unanimously
APPROVED:
WHEREAS, Mrs. Green's Natural Market/Harold Hochberger submitted an application for a Special Use
Permit for use of the premises at 2460 Boston Post Road and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 503 Lot 137 as a retail store; and
WHEREAS, a Public Hearing having been held on December 9, 1998 pursuant to notice; and
WHEREAS, the Planning Board having considered the application for a Special Use 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 Use Permit will be no more objectionable
to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other
aspects than would be the operations of any other permitted use not requiring a Special
Use Permit;
3. The proposed Special Use Permit use will be in harmony with the general health, safety
and welfare of the surrounding area by the nature of its particular location. It will not
adversely impact upon surrounding properties or surrounding property values.
BE IT FURTHER RESOLVED, that this Board approves the application of Mrs. Green's Natural
Market/Harold Hochberger for a Special Use Permit for a retail store subject to the following terms and
conditions:
1. All terms and conditions stipulated in the Site Plan approval granted by this Board on
February 10, 1993 shall apply, with the exception of E.1.
2. The hours of operation of the store shall be 9:00 a.m. to 9:00 p.m.
3. This permit shall expire after two (2) years.
4. This Special Use Permit is subject to the termination requirements set forth in Section
240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Zoning Code
of the Town of Mamaroneck.
Planning Board
December 9, 1998
Page 12
Dr. Mason read the next application as follows:
CONSIDERATION -SPECIAL PERMIT -Ming's Chinese Buffet, Inc./Edward A. Davidson - 1265
Boston Post Road - Block 412 Lot 449
Ed Davidson, of 100 Mamaroneck Avenue, Mamaroneck, New York, the attorney representing the
applicant, appeared. Mr. Davidson passed out a booklet containing information concerning the applicant,
marked exhibit#1. The application is for consideration of a special permit for a new restaurant at 1265
Boston Post Road, which is currently Nathan's Restaurant. Also present this evening are two of the
principals of the corporation, the gentleman in charge of all the operations, the gentleman in charge of the
arcade, the landlord of Nathan's, and Mr. DiGiacomo from MacDonald Neptune Signs. Since July of this
year, there have been informal meetings with Mr. Carpaneto, Mr. Altieri and Ms. Indelicato to get some
feedback as to this type of operation. Nathan's has been at this site since 1990 and has not been a
successful operation. The landlord has been looking to replace Nathan's, and Nathan's will be happy to
leave, when a viable tenant is found. The situation has been such that the landlord is actually rebating rent
back to Nathan's. Nathan's could not stay in business without the rebate. His client, who owns the
property, controls the game room and for that reason it is necessary to keep Nathan's in operation.
Dr. Mason asked if the new tenants will have a game room too.
Mr. Davidson said the game room, which has been in operation for approximately fifty years, will remain
primarily in the same location. Mr. Davidson said his clients currently operate eight restaurants throughout
New York, Connecticut and one in Massachusetts. They are very well versed in operating restaurants and
the type of restaurant that they are planning to open up will be very successful in this location.
Mr. Davidson proceeded to give some background information on this site, up to this point in time.
Mr. Davidson said his client intends to invest approximately one-half a million dollars between the
operation and the interior, exterior improvements that will be done. A substantial investment that certainly
will change the look of the restaurant to be more in keeping with the spirit of the Town of Mamaroneck.
The proposal is for a full restaurant operation.
Mr. Darsky asked what definition the code has for a fast-food restaurant, which the board researched and
discussed.
Mr. Davidson said one of the concerns with this location has been odor control, and this has been discussed
with Mr. Carpaneto. An odor control system will be installed on the roof to eliminate odors coming out,
for approximately$80,000. In addition to that investment, his client also has to put wiring in the building
just for that system for about $25,000.00. Basically, the structural integrity of the building requires that
type of expense. There is will also be a state-of-the-art kitchen, which will help eliminate any kind of
odors emanating from the restaurant. The hours of operation will be similar, but less than_the hours of
operation for Nathan's, because of the game room hours but not later hours. The proposal is for a family
restaurant. The applicants do not have a liquor license, and will not be applying for one. None of the
other locations owned by his clients have a liquor license. There are 98 parking spaces. Based upon the
square footage of the building only 81 spaces are needed, having an excess of 17 more spaces than
necessary. In addition, the applicant is permitted to have 241 seats, but is seeking only 228 seats. The
applicant is conforming with respect to signs. Mr. DeGiacomo, who is familiar with the code requirements
of the Town, will be submitting signage at a later date to the Board of Architectural Review. There will
be two signs, one at each of the entrances.
A discussion ensued regarding permitted signage. .
Dr. Mason asked if there will be signs on the building.
Mr. Davidson said there will be no signage on the building.
Planning Board
December 9, 1998
Page 13
Mr. Davidson said the awning will be coming off and a mansard roof will be installed.
Mr. Davoli said all the units are behind the awning. The mansard roof will shield all of the roofing units.
A discussion ensued regarding other variances that may be needed for the restaurant.
Mr. Davidson reiterated that his client has eight successful operations.
Ms. Harrington asked if it will be a buffet.
Mr. Davidson said it is a full-service restaurant. The operation has been successful with a buffet, which
will be available for both lunch and dinner, but there is a full menu as well. Mr. Davidson said enclosed
in the packet submitted as exhibit#1, is a copy of a menu from one of the other operations.
Ms. Harrington asked if the windmill will be removed.
Mr. Davidson said no thought had been given that matter, but it can be removed.
Ms. Gallent mentioned that there is an existing special permit. If the conditions in that permit are to
remain the same in all material respects, it will be a Type II action. If not, it will be an unlisted action.
Mr. Davidson said he would like to review the special permit. For the most part, the conditions will
probably be accepted.
Ms. Gallent suggested prior to the next meeting, that Mr. Davidson be supplied with a copy of Nathan's
Special Permit, which the secretary will provide.
Mr. Papazian asked Mr. Davidson about the game room.
Mr. Davidson said the game room will be in the same location. There may be a reconfiguration because
of the kitchen being replaced. It will be operated by the same parties who have been operating it since
1980, Mr. Getland and his family.
Dr. Mason said Mr. Davidson now knows what is needed for the next meeting,and does not anticipate any
problem.
Mr. Darsky asked if the owners of the restaurant portion will be involved at this location.
Mr. Davidson said the owners of the restaurant will be involved. The wife will be the manager/hostess,
and currently works in the Yonkers location.
Mr. Darsky said then ownership will be on the premises.
Mr. Davidson said that is correct.
Mr. Capicotto asked how the filter system is maintained.
Mr. Davoli,of Pyramid Brokerage Co., Inc., said that system has been in the Albany operation. A backup
supply of forty 24 in. by 24 in blocks of charcoal is kept. Every six months to one year those have to be
changed, which then get shipped to a company in New Jersey who recharges them.
Dr. Mason asked if precipitators were used in addition to charcoal, and what kind is used.
Mr. Capicotto said that is for removing the grease and the charcoal is for odors.
Planning Board
December 9, 1998
Page 14
Dr. Mason said there is no fire hazard, and the Town will not run into a problem with the fire department.
Mr. Davoli said he is not an engineer, but in Albany they were very particular and this filled all of the
standards of the health and fire department.
Dr. Mason asked that Mr. Davoli submit the specs on that with the application.
Mr. Davoli said that was submitted at the initial meeting. The engineers will be coming to design a system
for that location.
Dr. Mason said the manufacturers have some sort of catalogue.
Mr. Davoli said that was already provided.
Mr. Darsky asked the timing of the project.
Mr. Davidson said obviously there will be a public hearing next month. Nathan's will leave when Ming's
can move forward. The applicants would like to start renovating the building as soon as the Town can give
the necessary approvals.
Ms. Harrington said conceivably that could be January 14, 1999.
Mr. Davoli said the applicants would like to start as soon as possible.
Mr. Carpaneto said the matter will be heard by the BAR for signage and the facade.
Dr. Mason scheduled the matter for a public hearing to be held on January 13, 1999, and reiterated the
rules for submission as previously stated. He informed Mr. Davidson to contact the secretary for the
public notice and the radius for notice, as the applicant is responsible for sending the notice.
Dr. Mason read the next application as follows:
CONSIDERATION - FRESHWATER WETLANDS AND WATER COURSES PERMIT -
Westchester Classic Builders - Fenbrook Drive - Block 309 Lot 31
Marc Mustacato appeared for the applicant. He said the application pertains to the construction of a
residence particularly to the driveway, which is within 100 ft. of an area on the adjacent property, lot 31,
in the wetland area. On the site plan, that portion of the wetland can be seen. That area of the wetland
delineation was look at by one of the Town Consultants and verified by his own consultant, that the soil
vegetation condition was indigenous to a wetland.
Dr. Mason asked Mr. Mustacato to explain to the board what he proposes to do.
Mr. Mustacato said that area is actually a man-made created detention basin. The bottom of that basin has
8 in. to 10 in. of silt which has accumulated, because it has not been maintained. In that silt, wetlands
vegetation has grown. Mr. Mustacato said he believes it is supposed to maintained and cleaned out by the
town. If the silt is cleaned out, the wetland vegetation is cleaned out as well and it is no longer a wetland.
It doesn't meet the Town criteria of an area code wetlands because a wetlands is approximately 2,827 sq.
ft. Mr. Mustacato said he is present for a wetlands hearing, but does not believe he the property meets
the criteria for a wetlands. It is not large enough, and it is a man-made detention basin created as part of
a subdivision.
•
Dr. Mason asked what is the lining material of the basin.
Mr. Mustacato said rock and soil. It was built as a detention basin to hold ground water.
Planning Board
December 9, 1998
Page 15
After considerable discussion regarding the detention basis, Eliot Senor, appeared and said the detention
basin was created to pick up,as part of the original subdivision of that area, water from the cul-de-sac goes
through the detention basin and leaks out into the street toward Fenbrook. It was designed to trap silt, so
it does not clog downstream. Because there was never maintenance, it has created about 10 in. to 12 in.
of silt material.
Dr. Mason asked why does Mr. Senor want to do this.
Mr. Senor said the applicant has two lots, this lot, as well as the adjacent lot which is adjacent to a
wetlands. Due to this fact, he has to come for a wetlands permit. The applicant is present for a wetlands
permit or to be allowed to clean out the detention basin and then there is no more wetland.
Dr. Mason asked that the Consulting Engineer review same and provide the board with his determination.
He also suggested to the board that this matter be scheduled for a public hearing as well as the wetlands
on January 13, 1999, with the understanding if it is determined it is not a wetland then there will not be
a hearing.
Mr. Papazian asked who determined it was a wetland.
Mr. Senor said a report was received from Steve Coleman. Mr. Coleman and Mr. Athey had gone out
and looked at it.
Dr. Mason asked Mr. Athey why he thinks it is a wetlands.
Mr. Athey said he visited the site with Mr. Coleman, who made the determination.
A discussion ensued regarding a survey of the site.
Mr. Mustacato said it should be verified that it is a wetlands type zone. Mr. Mustacato submitted a letter
from Erwin N. Potter and Associates, Environmental Systems Planning, Ltd., marked exhibit#1.
On a motion made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, adjourned to the January 13, 1999
Planning Board to address this issue.
Mr. Capicotto had two questions. Regardless of wetlands or not, will the driveway be pitched toward the
road all the way up to where that drain is.
Mr. Mustacato said it will be pitched from the drain back to the road.
Mr. Capicotto suggested that be looked at in the erosion control application. If it is a wetlands, curb
maintenance will be addressed later. The other questions concern utilities coming into the project.
Mr. Mustacato said the utilities will come in under the driveway.
Mr. Darsky said more information is needed.
Ms. Gallent said consideration is something the Planning Board requires prior to a public hearing, so that
information that is needed can be requested and submitted.
Ms. Senor said the property is adjacent to a detention structure.
Ms. Gallent asked if this matter had to be referred to the Westchester County Department of Planning.
Planning Board
December 9, 1998
Page 16
Mr. Athey said it did not have to be referred.
Dr. Mason read the next application as follows:
CONSIDERATION - SPECIAL PERMIT - 1-800-Flowers - 1370 Boston Post Road - Block 410 Lot
1
John Notaro,who represents the firm of Notaro Grupp Architects&Planners in Long Island and Melville,
appeared. The firm handles 1-800-Flowers,who is planning to convert the Kentucky Fried Chicken(KFC)
restaurant, which is not operating, into a flower shop. Mr. Notaro presented four(4)photographs, market
exhibit #1, which shows the current building from different views. The character of the building
architecturally will not change, other than a coloration change. Olive green will be used on the base of
the building and the top band. The canopy, which is red, will be a light beige, as shown on exhibit tt2.
The interior will be reconfigured, to accommodate the flower shop. At the rear of the building the
applicant would like to construct a cooler, painted to match the building,which will be screened with some
plantings as shown on the site plan, along with a decorative white wood fence which replaces the current
stockade fence also shown in the pictures.
Dr. Mason asked how close it would be to the border between the properties.
Mr. Notaro said there is a 25 ft. buffer, and there will be no encroachment. The landscaping on the
property will be cleaned up, the pavement will be coated and restriped as soon as possible. Mr. Notaro
understands there have been complaints about litter and debris on the property. The lease went into effect
about a month ago, and the debris will be cleaned up, if not already done.
Dr. Mason asked if there will be any kind of a greenhouse operation.
Mr. Notaro said no, it will be strictly retail flowers, knickknacks, potted plants, etc.
Mr. Capicotto asked about the use of the fenced in area.
Mr. Notaro said it is currently an enclosed area, which will be used for a dumpster.
Ms. Harrington asked what the days and hours of operation will be.
Mr. Notaro said they are planning seven days a week, more often six days a week. The hours of operation
can be from 9:00/10:00 a.m. to 8:00, 9:00, 10:00 or 11:00 p.m. depending on the location, volume of
traffic and whether or not it is a holiday season.
Ms. Harrington said the days and hours of operation become the conditions of the permit, and it must be
specified.
Mr. Notaro said then the hours of operations will be from 8:00 a.m. to 11:00 p.m., seven days a week.
Due to the fact that it is not a fast-food restaurant, there will be no odors. The refrigeration equipment
is minimal.
Ms. Harrington asked if there will be flower deliveries.
Mr. Notaro said flower deliveries are scheduled only during hours of operation.
Dr. Mason asked if this operation is a franchise.
Mr. Notaro said there are franchise stores, but at this time in the northeast region the stores are developed
and run by the company.
Planning Board
December 9, 1998
Page 17
Mr. Darsky asked how many stores Mr. Notaro personally started.
Mr. Notaro said fifteen stores.
Mr. Darsky asked what problems Mr. Notaro has had.
Mr. Notaro said he has not run into any problems. He also handles 711's.
Mr. Darsky asked what vehicles are used for the flower shop.
Mr. Notaro said a white painted van, with the logo on the side.
Mr. Capicotto asked if there is a 24 hour number.
Mr. Notaro said there are three call centers in the country, one in Long Island. They currently work with
a local network of local flower shops.
Mr. Notaro has submitted a BAR application, which is scheduled for December 17, 1998, and would like
to go forward.
Dr. Mason said he would like to schedule a public hearing for January 13, 1999 and hopes the applicant
has all the information needed.
On a motion made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously
RESOLVED, that this matter be, and hereby is, adjourned to the January 13, 1999 Planning
Board meeting.
NEXT MEETING
The next meeting of this Board will be held on January 13, 1999.
ADJOURNMENT
On a motion duly made and seconded, the meeting was unanimously adjourned at 10:30 p.m.
737a-2
Marguerit oma, Recording Secretary