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HomeMy WebLinkAbout1994_07_21 Planning Board Minutes (2) 2 n o D,Q n r% MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 21, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD 12 1 MAMARONECK, NEW YORK Present: Marilyn Reader, Chair ,C Richard Darsky r— ��' G ��tt�0 Gabriel Fay 1.4� Linda Harrington w��G� CO'� Alan Murray QQ ��' �� l• ` Joel Negrin 4ljT9 Absent: Edward Gonye Also Present: Elaine Price, Supervisor Valerie Moore O'Keeffe, Councilwoman Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Eve Nudelman, Environmental Coordinator C. Alan Mason, Chairman CZMC Richard Young, CZMC Barbara Terranova, Public Stenographer Kazazes and Associates 250 East Hartsdale Avenue, Suite 24 Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chair Reader at 8:20 PM. APPROVAL OF MINUTES On motion of Mrs. Harrington, seconded by Mr. Fay, the minutes of the meeting of April 13, 1994 were unanimously approved, 5-0 , as amended. On motion of Mr. Negrin, seconded by Mr. Murray, the minutes of the meeting of May 11, 1994 were unanimously approved, 5-0, as amended. PUBLIC HEARING - Special Use Permit - Sean P. Hall d/b/a Auto Creations - 5 Fifth Avenue - Block 132 Lot 609. On motion of Mr. Murray, seconded by Mr. Fay, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. Planning Board July 21, 1994 -2- Mr. Hall appeared. He stated that his business was washing, buffing and detailing cars. Also, stereos, phones, alarms and the like are installed. The hours are 8 - 6 PM Monday through Saturday and 9 - 3 PM on Sundays. On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mr. Negrin, seconded by Mr. Murray, the following resolution was unanimously adopted, 5 - 0. WHEREAS, Sean P. Hall d/b/a Auto Creations submitted an application for a Special Permit use for an auto detailing business located at 5 Fifth Avenue, Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Lot 609; and WHEREAS, a Public Hearing having been held on July 21, 1994 pursuant to notice; and WHEREAS, the Planning Board having considered the application for a Special 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 will not adversely impact the adjacent properties due to traffic generated by said use or the access of traffic from said use to or from adjoining streets. 2. The operations in connection with the Special 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 Permit. 3. The proposed Special 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. Planning Board July 21, 1994 -3- BE IT FURTHER RESOLVED, that this Board approves the application of Sean P. Hall d/b/a Auto Creations, Inc. for a Special Permit for a auto detailing business subject to the following terms and conditions. 1. The permitted activities are car washing, auto detailing, and buffing and installation of radar, alarms, phones and stereos. 2. The permit holder is prohibited from doing body work or from painting cars. 3. The hours of operation of the store shall be 8 AM to 6 PM, Monday through Saturday and 9 AM to 3 PM on Sundays. CONSIDERATION - Subdivision - Bonnie Briar Syndicate, Inc. - Bonnie Briar Country Club - 808 Weaver Street - Block 201 Lot 19. Adam Wekstein, attorney for the Syndicate, appeared. He stated that it was his opinion that the recreation zoning amendment passed by the Town Board on July 20, 1994 had not yet been filed with the Secretary of State of New York and, therefore, was not yet effective. Nor, in Mr. Wekstein's opinion, was the law constitutional. He asked that the Planning Board declare itself Lead Agency and proceed with consideration of the application. Mr. Silverberg suggested that the Board take no further action as it could not take any action at the meeting which would result in the approval of the subdivision. He stated that a copy of the amendment to the Zoning Ordinance had been given Bonnie Briar Country Club that day and that Mr. Wekstein's firm had been present at the Town Board. The law was either effective as to Bonnie Briar or would take effect within days. Any action at that time on the matter was an exercise in futility in Mr. Silverberg's opinion. On motion of Mrs. Harrington, seconded by Mr. Murray, the application for a subdivision by the Bonnie Briar Syndicate was tabled unanimously, 5-0. CONSIDERATION - Fresh Water Wetlands and Water Courses Permit - Nantucket Home Builders (George Braverman) - Lot No. 7 Fenbrook Drive - Block 309 Lot 7. The applicant and his architect were not present when called. Mrs. Reader put the matter over to later in the meeting. CONSIDERATION - Subdivision - Gila Lourie - 109 Griffen Avenue Block 305 Lot 903. Mrs. Lourie appeared with Gabriel Senor, Engineer. They had submitted a preferred plan and an alternate one. The latter one shows the installation of a municipal road, and this plan would disturb the stream mnra. Planning Board July 21, 1994 -4- The original submission would have a shared driveway and easements for the sanitary sewer. The County has an easement for a storm sewer and, according to Mr. Senor, has no objections to the subdivision. He stated that the applicant would meet any requirements the County might make. No approach to the DEC or the Army Corps of Engineers has yet been made. Mr. Senor agreed that the proposed house could be located farther away from the Sheldrake. The utilities would branch off the existing ones. On motion Mr. Murray, seconded by Mr. Fay, it was unanimously, 5-0, RESOLVED, that the Planning Board intends to declare itself Lead Agency; and it is FURTHER RESOLVED, that this is a Type I Action which may have a significant impact on the environment as determined by New York State or corresponding local law and which may require further action under SEQRA; and it is FURTHER RESOLVED, that the circulation of notice of intent to declare Lead Agency to the involved agencies is directed. Mr. Darsky entered the meeting at this time. The matter was adjourned to the meeting of September 8, 1994 in order to obtain response to the above notice and obtain a report from CZMC. NEXT MEETINGS The next two meetings of this Board will be Wednesday, August 10, 1994 and Thursday, September 8, 1994. NANTUCKET HOME BUILDERS Mr. Braverman appeared accompanied by his architect, Mark Mustacato. The building had been redesigned making it 5 feet shorter to be consistent with the recommendations of the CZMC. The applicant did not feel that this change would effect the market value of his property. Mr. Trachtman stated that with the mitigating measures planned the project would be compatible with existing laws. Mr. Mason stated that with the changes the CZMC had no problem with the project now. On motion of Mr. Negrin, seconded by Mrs. Reader, it was unanimously, 6-0, RESOLVED, that this Board hereby sets Wednesday, August 10, 1994 at 8:15 PM as the date and time for a Public Hearing for the application of Nantucket Home Builders for a Fresh Water Wetlands and Water Courses Permit; and be it Planning Board July 21, 1994 -5- FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. CONSIDERATION - Site Plan - 11 Alden Tenants Corp. - 11 Alden Road - Block 409 Lot 131. Mr. Fay recused himself from this matter as he has represented the Alden House. Leslie Snyder, attorney, appeared on behalf of NYNEX and the Alden House. She stated that the applicants want to install low power antennas on the roof of the apartment building. The installation would be concealed asthetically and would need infrequent maintenance. The apartment house is in a business zone, and the new antennas would provide enhanced cellular service. Mrs. Snyder asked that, under Section 66-A 8-C 1 of the Town Site Plan Law, the Planning Board waive the requirements of compliance with Items D, E, F, G, I, J, K, L, M P, Q, R, U and W of the Site Plan. She stated that the equipment in the garage would have no impact on parking. Mrs. Snyder also reminded the Board of a letter from New York State which commented on potential effects of the installation. William Sheridan, a Board member of the Tenants Association, stated that the roof is alarmed and locked at all times. Mrs. Snyder had submitted a report from Bell Labs, which she maintained was separate from NYNEX, which troubled Mr. Negrin as there was no signature on it and no qualifications for the author. Mrs. Snyder stated that she would get this information. Mr. Negrin also requested a copy of the lease agreement as he was concerned about liability. Kevin Donohue and Lewis Kessler of NYNEX stated that the proposed antennas would prevent dropped calls and would not provide a paging service. Mrs. Snyder stated that thirty such installations in Westchester have been approved; Mr. Donohue stated that one in Mount Vernon has been denied. Mrs. Snider stated that a similar installation, with more antennas, has been in place on the roof of the Brompton in Larchmont Village for a number of years. Mr. Trachtman stated that he was comfortable with waiving the parts of the Site Plan in question. On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously, 5-0, moved to waive Items D, E, F, G, I, J, K, L, M, P, Q, R, U and W under Section 66-A-8 C 1. On motion of Mr. Murray, seconded by Mrs. Reader, it was unanimously, 5-0, RESOLVED, that the Planning Board intends to declare itself the Lead Agency; and it is July 21, 1994 -6- FURTHER RESOLVED, that this is a Type I Action which may have a significant impact on the environment as determined by New York State or corresponding local law and which may require further action under SEQRA; and it is FURTHER RESOLVED, that the circulation of notice of intent to declare lead agency be made to the involved agencies. There was discussion regarding the timing of a public hearing. Mrs. Snyder requested that the hearing be held on August 10, 1994. It was determined that the Board of Architectural Review which is an involved agency next meets on August 18, 1994; and, therefore, could not respond by August 10, 1994. In addition, Dr. Mason, chairman of the Coastal Zone Management Commission, stated that he was not certain whether CZMC could have a report by August 10, 1994. Mrs. Snyder questioned whether a hearing on September 8, 1994 would be timely. Mr. Silverberg pointed out that the Board had only just agreed to waive certain application requirements and that additional information requested of the applicant had not been submitted until August 15, 1994. On motion of Mrs. Harrington, seconded by Mr. Darsky, it was unanimously, by a vote of 5-0, RESOLVED, that this Board hereby sets Thursday, September 8, 1994 at 8:15 PM as the date and time for a Public Hearing for the application of Eleven Alden Tenants Corp. for a Site Plan Approval; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. FLOOD INFORMATION During the hearings for Fenbrook Drive, Mr. Trachtman had stated that his flood elevations from the Town's hydrological study differed from the US Government's FEMA calculations. At the suggestion of Mr. Fay, Mrs. Reader requested Mr. Trachtman to investigate the consequences of questioning the Government's results. ADJOURNMENT On motion of Mrs. Reader, seconded by Mr. Murray, the meeting was adjourned at 10:47 PM. d MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 21, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn Reader, Chair 9 10 Richard Darsky Gabriel Fay ob 4 Linda Harrington RECEIVED 11 Alan Murray D. 21 19(�4 Joel Negrin silt 10 D06 :111tailiwilti:'41441.110.REtIcAbsent: Edward GonyeAlso Present: Elaine Price, Supervisor Valerie Moore O'Keeffe, Councilwoman Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Eve Nudelman, Environmental Coordinator C. Alan Mason, Chairman CZMC Richard Young, CZMC Barbara Terranova, Public Stenographer Kazazes and Associates 250 East Hartsdale Avenue, Suite 24 Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chair Reader at 8:20 PM. APPROVAL OF MINUTES On motion of Mrs. Harrington, seconded by Mr. Fay, the minutes of the meeting of April 13, 1994 were unanimously approved, 5-0 , as amended. On motion of Mr. Negrin, seconded by Mr. Murray, the minutes of the meeting of May 11, 1994 were unanimously approved, 5-0, as amended. PUBLIC HEARING - Special Use Permit - Sean P. Hall d/b/a Auto Creations - 5 Fifth Avenue - Block 132 Lot 609. On motion of Mr. Murray, seconded by Mr. Fay, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. Planning Board • July 21, 1994 -2- On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. Hall appeared. He stated that his business was washing, buffing and detailing cars. Also, stereos, phones, alarms and the like are installed. The hours are 8 - 6 PM Monday through Saturday and 9 - 3 PM on Sundays. On motion of Mr. Negrin, seconded by Mr. Murray, the following resolution was unanimously adopted, 5 - 0. WHEREAS, Sean P. Hall d/b/a Auto Creations submitted an application for a Special Permit use for an auto detailing business located at 5 Fifth Avenue, Larchmont, New York, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Lot 609; and WHEREAS, a Public Hearing having been held on July 21, 1994 pursuant to notice; and WHEREAS, the Planning Board having considered the application for a Special 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 will not adversely impact the adjacent properties due to traffic generated by said use or the access of traffic from said use to or from adjoining streets. 2. The operations in connection with the Special 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 Permit. 3. The proposed Special 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. Planning Board • July 21, 1994 -3- BE IT FURTHER RESOLVED, that this Board approves the application of Sean P. Hall d/b/a Auto Creations, Inc. for a Special Permit for a auto detailing business subject to the following terms and conditions. 1. The permitted activities are car washing, auto detailing, and buffing and installation of radar, alarms, phones and stereos. 2. The permit holder is prohibited from doing body work or from painting cars. 3. The hours of operation of the store shall be 8 AM to 6 PM, Monday through Saturday and 9 AM to 3 PM on Sundays. CONSIDERATION - Subdivision - Bonnie Briar Syndicate, Inc. - Bonnie Briar Country Club - 808 Weaver Street - Block 201 Lot 19. Adam Wekstein, attorney for the Syndicate, appeared. He stated that it was his opinion that the recreation zoning amendment passed by the Town Board on July 20, 1994 had not beer legally filed with the Secretary of State of New York and that the law was unconstitutional. Mr. Wekstein asked that the Planning Board hear this matter and that it declare itself Lead Agency. Mr. Silverberg suggested that the Board take no further action as it could not approve a subdivision there. He stated that notice had been given Bonnie Briar Country Club that day and that the law would take effect within days. Hearing the matter was an exercise in futility in Mr. Silverberg's opinion. On motion of Mrs. Harrington, seconded by Mr. Murray, the application for a subdivision by the Bonnie Briar Syndicate was tabled unanimously, 5-0. CONSIDERATION - Fresh Water Wetlands and Water Courses Permit - Nantucket Home Builders (George Braverman) - Lot No. 7 Fenbrook Drive - Block 309 Lot 7. The applicant and his architect were not present when called. Mrs. Reader put the matter over to later in the meeting. CONSIDERATION - Subdivision - Gila Lourie - 109 Griffen Avenue Block 305 Lot 903. Mrs. Lourie appeared with Gabriel Senor, Engineer. They had submitted a preferred plan and an alternate one. The latter one shows the installation of a municipal road, and this plan would disturb the stream more. The original submission would have a shared driveway and easements for the sanitary sewer. The County has an easement for a storm sewer and, according to Mr. Senor, has no objections to the subdivision. He stated Planning Board • July 21, 1994 -4- that the applicant would meet any requirements the County might make. No approach to the DEC or the Army Corps of Engineers has yet been made. Mr. Senor agreed that the proposed house could be located farther away from the Sheldrake. The utilities would branch off the existing ones. On motion Mr. Murray, seconded by Mr. Fay, it was unanimously, 5-0, RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type I Action which may have a significant impact on the environment as determined by New York State or corresponding local law and which may require further action under SEQRA; and it is FURTHER RESOLVED, that the circulation of notice to the involved agencies is directed. Mr. Darsky entered the meeting at this time. NEXT MEETINGS The next two meeting of this Board will be Wednesday, August 10, 1994 and Thursday, September 8, 1994. NANTUCKET HOME BUILDERS Mr. Braverman appeared accompanied by his architect, Mark Mustacato. The building had been redesigned making it 5 feet shorter to be consistent with the requirements of the CZMC. The applicant did not feel that this change would effect the market value of his property. Mr. Trachtman stated that with the mitigating measures planned the project would be compatible with existing laws. Mr. Mason stated that with the changes the CZMC had no problem with the project now. On motion of Mr. Negrin, seconded by Mrs. Reader, it was unanimously, 6-0, RESOLVED, that this Board hereby sets Wednesday, August 10, 1994 at 8:15 PM as the date and time for a Public Hearing for the application of Nantucket Home Builders for a Fresh Water Wetlands and Water Courses Permit; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. Planning Board • July 21, 1994 -5- CONSIDERATION - Site Plan - 11 Alden Tenants Corp. - 11 Alden Road - Block 409 Lot 131. Mr. Fay recused himself from this matter as he has represented the Alden House. Leslie Snyder, attorney, appeared on behalf of NYNEX and the Alden House. She stated that the applicants want to install low power antennas on the roof of the apartment building. The installation would be concealed esthetically and would need infrequent maintenance. The apartment house is in a business zone, and the new antennas would provide enhanced cellular service. Mrs. Snyder asked that, under Section 66-A 8-C 1, the Planning Board waive Items D, E, F, G, I, J, K, L, M P, Q, R, U and W of the Site Plan. She stated that the equipment in the garage would have no impact on parking. Mrs. Snyder also reminded the Board of a letter from New York State which found the installation all right. William Sheridan, a Board member of the Tenants Association, stated that the roof is alarmed and locked at all times. Mrs. Snyder had submitted a report from -Bell Labs, which she maintained was separate from NYNEX, which troubled Mr. Negrin as there was no signature on it and no qualifications for the author. Mrs. Snyder stated that she would get this information. Mr. Negrin also requested a copy of the lease agreement as he was concerned about liability. Kevin Donohue and Lewis Kessler of NYNEX stated that the proposed antennas would prevent dropped calls and would not provide a paging service. Mrs. Snyder stated that thirty such installations in Westchester have been approved; Mr. Donohue stated that one in Mount Vernon has been denied. Mrs. Snider stated that a similar installation, with more antennas, has been in place on the roof of the Brompton in Larchmont Village for a number of years. Mr. Trachtman stated that he was comfortable with waiving the parts of the Site Plan in question. On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously, 5-0, moved to waive Items D, E, F, G, I, J, K, L, M, P, Q, R, U and W xnder Section 66-A-8 C 1. On motion of Mr. Murray, seconded by Mrs. Reader, it was unanimously, 5-0, RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type I Action which may have a significant impact on the environment as determined by New York State or corresponding local law and which may require further action under SEQRA; and it is Planning Board July 21, 1994 -6- FURTHER RESOLVED, that the circulation of notice to the involved agencies is directed. On motion of Mrs. Harrington, seconded by Mr. Darsky, it was unanimously, 5-0 RESOLVED, that this Board hereby sets Thursday, September 8, 1994 at 8:15 PM as the date and time for a Public Hearing for the application of Eleven Alden Tenants Corp. for a Site Plan Approval; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. FLOOD INFORMATION During the hearings for Fenbrook Drive, Mr. Trachtman had stated that his flood elevations from the Town's hydrological study differed from the US Government's FEMA calculations. At the -suggestion of Mr. Fay, Mrs. Reader requested Mr. Trachtman to /investigate the consequences of questioning the Government's results. ADJOURNMENT On motion of Mrs. Reader, seconded by Mr. Murray, the meeting was adjourned at 10:47 PM. Bonnie M. Burdick