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HomeMy WebLinkAbout1992_06_10 Planning Board Minutes (2) 7a4rT C MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JUNE 10, 1992, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK \3 Present: Sanford A. Bell Jerry Donatelli ED 26 Gabriel Fay Edward ye Jill) 1992 Sal Iacono PATT WNjDERKCCI0 Norma Jacobson PEA NY NECK Alan Murray f� V Also Present: Steven M. Silverberg, Counsel F� Gary Trachtman, Consulting Engineer Bonnie M. Burdick, Recording Secretary Marci Dustin, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10528 CALL TO ORDER The meeting was called to order by Chairman Bell at 8:25 PM. ® PUBLIC HEARING - Special Permit Application - Miracle Auto Repairs, Inc. , 2430 Boston Post Road, Block 503 Lot 421. Jack Eisenbach, owner, and Donald S. Mazin, attorney, appeared. On motion of Mrs. Jacobson, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion of Mr. Murray, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Phyllis Wittner, Chairman of CZMC, reminded the Board of its prior resolution concerning a similar operation. Mr. Mazin stated that there is a letter, which is on the record, on file in the Building Department from Collision Tech to Miracle Auto Repairs, Inc. regarding parking. He also stated that waste oil has to be collected by an approved collector and that the Building Inspector keeps a record of such collections. Planning Board June 10, 1992 -2- On motion of Mr. Murray, seconded by Mr. Fay, the following resolutions were unanimously adopted. WHEREAS, Jack Eisenbach, d/b/a Miracle Auto Repairs, has submitted an application for a Special Permit for use of the upper floor of premises at 2430 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 421 to perform tune-ups; do carburetor,injector and brake repairs; and to do oil/lube jobs and similar services; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, Town officials, the Consulting Engineer to the Town, and a Public Hearing having been held; NOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate an automobile repair facility performing tune-ups, carburetor services and the like be and hereby is granted to Jack Eisenbach doing business as Miracle Auto Repairs, Inc. for premises located at 2430 Boston Post Road subject to the terms and conditions set forth below and subject to the terms of a Site Plan Application granted to Robert Contrearas on December 12, 1989: A. Findings Subject to the conditions set forth in this Resolution, the Planning Board finds: 1. That the proposed use is in general harmony with the surrounding area and does not adversely impact on adjacent properties due to the traffic generated by the said use or the access of traffic from said use onto and off of adjoining streets. 2. That the operations in connection with the Special Permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any permitted use not requiring a Special Permit. 3. That the proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. 0 Planning Board June 10, 1992 -3- B. SPECIAL CONDITIONS 1. Services on the premises shall be limited to the following: tune-ups, carburetor services, injector services, brake repair, oil/lube/fluid changes, and similar repairs. No repairs requiring breakdown of the motor, transmission or universal joint shall be permitted. Repairs to the electrical system shall not be performed. 2. The applicant agrees to provide the pollution control services and activities as set forth in a memorandum from the Coastal Zone Management commission, dated December 5, 1990, and such activities shall constitute conditions of this Special permit, except that Item No. 2 on Page 2 is not required because the property involved is not owned by the applicant or the owner of the premises for which the Special Permit use is being granted. 3. The applicant shall provide all maintenance, pollution control and related activities on an ongoing basis as set forth in an agreement between Collision Technologies Limited and Jack Eisenbach, dated June 10, 1992, and such activities shall be deemed specific conditions of Site Plan approval. 4. Hours of operation shall be from 8:00 AM to 7:00 PM Monday through Saturday. No noise emanating from inside the building shall be audible outside the building, except during hours of operation. 5. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 6. All lights, except for security lighting, shall be turned off when the premises are vacated for the evening. 7. All lights for the driveway and parking area shall be directed toward the building. 8. The final plan submitted prior to the issuance of any Building permit shall show traffic lanes on the property for ingress and egress. 9. The front, vehicle entry doors shall be kept closed while work is in progress (except for time when vehicles are moving in and out of the building) and all work shall be done inside the building. ® 10. The applicant shall obtain all necessary permits from the Westchester Department of Health and the New York Department of Environmental Conservation relating to air pollution emissions and waste disposal. Planning Board June 10, 1992 -4- 11. This Special Permit is subject to termination requirements in Section 89-53 of the Zoning Code of the Town of Mamaroneck. PUBLIC HEARING - Special Permit Application - Fu Sau Poon, 1262 Boston Post Road, Block 407 Lot 192 Kim Wong appeared on behalf of the applicant. On motion of Mr. Fay, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion of Mr. Donatelli, seconded by Mr. Iacono, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Wong stated that Mr. Fu wished to install 4 tables with 16 chairs to keep people from tossing litter in the parking lot and to increase business. On motion of Mrs. Jacobson, seconded by Mr. Fay, the following resolutions were unanimously adopted. WHEREAS, Fu Sau Poon doing business as Yoan Shing has submitted an application for a Special Permit for use of premises at 1262 Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Lot 192 as a restaurant; and WHEREAS, the Planning Board determined that it was the Lead Agency for this action and determined that it was a Type II Action under applicable SEQRA regulations; and WHEREAS, a Public Hearing having be held on June 10, 1992 pursuant to notice; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, Town Officials, the Consulting Engineer to the Town, and a Public Hearing having been held; NOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate a restaurant is granted to Fu Sau Poon doing business as Yoan Shing on the premises located at 1262 Post Road subject to the terms and conditions set forth below: A. Findings Subject to the conditions set forth in this Resolution, the Planning Board finds: Planning Board June 10, 1992 -5- 1. That the proposed use is in general harmony with the surrounding area and does not adversely impact on adjacent properties due to the traffic generated by the said use or the access of traffic from said use onto and off of adjoining streets. 2. That the operations in connection with the Special Permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any permitted use not requiring a Special Permit. 3. That the proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. B. 1. The restaurant shall be permitted to operate: Monday - Thursday from 11 AM to 10:30 PM Friday & Saturday from 11 AM to 11:30 PM Sunday - from 12 PM to 10:30 PM. 2. The seating in the restaurant is limited to four tables and sixteen chairs. 3. Traffic ingress and egress and traffic patterns on the site shall be as shown on the plans. 4. This Special Permit is subject to termination requirements in Section 89-53 of the Zoning Code of the Town of Mamaroneck. CONSIDERATION OF SITE PLAN - Town of Mamaroneck - 1361 Boston Post Road Block 411 Lot 169 Stephen V. Altieri, Town Administrator; Bradford Perkins, architect; and Martin Siefring, architect; appeared to present the new plan for affordable housing at the former Larchmont Motel site which is in the Urban Renewal area. Mr. Altieri requested that the Planning Board schedule a Public Hearing on the Site Plan and SEQRA. He stated that a referral to the ZBA would be necessary concerning lot coverage, fire access and to grant a variance for the proposed Senior Citizen apartment. On motion of Mr. Gonye, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Planning Board of Appeals 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 having a significant impact on the environment as determined by New York State or corresponding local law; and it is Planning Board June 10, 1992 -6- FURTHER RESOLVED, that this matter be referred to the Coastal Zone Management Commission for environmental review. Mr. Seifring stated that his firm and the Affordable Housing Task Force had decided that 60 units, which would be allowed. were too many for the project. A 22 story "stick-built" design had evolved. Each building will have three units and three garages. 27 additional parking spaces will be provided to meet this Board's mandate of 11 spaces per living unit. 11 of these will be on the adjoining school lot. Mr. Seifring demonstrated a landscape plan with a row of trees and a second line of shrubs near the Post Road. A quantity of rock removal will be necessary, and the site is on a slope . Mr. Bell reiterated this Board's strong negative feelings to blasting, and it was realized that the presence of school children during this part of the project will be a hazard. Mr. Altieri made corrections to the Environmental Impact Statement and will submit a revised one to the Board. Mr. Bell stated, on behalf of the Board, that the project was certainly one that the members would like to see happen. On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that this Board hereby sets Wednesday, July 8, 1992 at 8:15 PM as the date and time for a Public Hearing for the application of the Town of Mamaroneck for a Site Plan Application and SEQRA determination; 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. CONSIDERATION OF AMENDMENTS TO SERVICE BUSINESS ZONE Proposals for changes to the Service Business (SB) Zone had been drafted by the CZMC and referred to the Planning Board by the Town Board. The SB Zone is zoned to be the only place for auto sales and auto repairs. This proposal has more stringent controls for oil disposal and other such residues. At this time, auto sales dealerships do not require a Special Permit in the SB Zone, and, thus, do not get a review from the Planning Board. Without such review, special conditions are not a part of the building review process. Mr. Silverberg stated that there are laws which limit such operations as fast food restaurants and stated that such legislation could apply to new car dealerships. Conditions could be made with a change of ownership. Several members of the Board questioned the provision sell cars inside and to wash them inside. The Board decided to study the similar Larchmont law and directed the Secretary to write to the Town Board to request an extension of the 45-day referral period. • Planning Board June 10, 1992 • _7_ APPROVAL OF MINUTES On motion of Mr. Donatelli, seconded by Mr. Murray, the minutes of the meeting of May 8, 1992 were approved with several corrections. ADJOURNMENT On motion of Mrs. Jacobson, seconded by Mr. Donatelli, the meeting was adjourned at 10:00 PM. Bonnie M. Burdick