HomeMy WebLinkAbout1997_06_11 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
JUNE 11, 1997, IN THE SENIOR CENTER, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Marilyn S. Reader, Chairwoman
Richard H. Darsky i'
Linda S. Harrington tiI
C. Alan Mason '
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Stephen Andrew Moser
p
Edmund Papazian �lr�
O
Absent: May W. Aisen
Also Present: Judith M. Gallent, Counsel
t Philip A. Leger, Consulting Engineer &
Susan Sturino, Public Stenographer
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 Chairwoman, Marilyn Reader at 8:15 p.m.
APPROVAL OF MINUTES
Ms. Reader said the approval of the April 9, 1997 and May 14, 1997 Minutes will be held over until the
next meeting due to attendance at those meetings.
Ms. Reader informed the Board for the record that Elaine Price, Town Supervisor, would like to make
some comments regarding the proposed planning board Minutes relating to the food related enterprises.
Ms. Price said that in the presentation last evening a few points may have been overlooked. Ms. Price
wanted to make it clear on the record that since 1974 Town had banned fast-food establishments. There
was a very restrictive policy, not only on fast-food restaurants,but on any restaurant that was dealing with
counter trade. The ordinance further provided that everything had to be consumed on the premises. As
recently as 1988, that was validated by a group from the Village of Larchmont and the Town, 24
individuals looking at the master plan and 2 members of the planning board. It was felt it is not
constitutional and it started a chain reaction which resulted in the amendments discussed last night. As
disturbing as the outright prohibition was in terms of constitutional law, something else occurred which
made the Town Board aware of the need for a review of the policy and of precise definitions of fast-food
and other restaurants. It happened several months ago when Taco Bell was considering going into
Kentucky Fried as a franchise. Some residents of the community in Howell Park heard about it, went to
the building inspector and were told there was no problem because Kentucky Fried is not a fast-food
restaurant. The Town's response to that was, why isn't it a fast-food restaurant. It was stated that there
were a couple of tables, and that was how restaurants were defined. In the zoning code regulations there
is no definition of fast-foods or retail restaurants. Due to that fact, the Town hired a planning consultant
to establish a definition for fast-food restaurants which will be noticed for public review and the public is
urged to attend.
Planning Board
June 11, 1997
Page 2
Ms. Reader thanked Ms. Price for her presentation.
The Chairwoman Reader read the application as follows:
PUBLIC HEARING-SPECIAL USE PERMIT-TEDESCO AUTO BODY,INC. -2430 Boston Post
Road-Block 503 Lot 421
On a motion made and seconded, 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.
Donald Mazin, Esq. of 1415 Boston Post Road, Larchmont, New York appeared, representing Tedesco
Auto Body, Inc. Mr. Mazin said outstanding violations were discussed at the last meeting, and the
applicant wtas informed to correct same. The building inspector inspected the premises, and provided a
certification that the violations were removed.
Ms. Reader informed the Board that an inspection report dated June 9, 1997 indicated that the premises
passed inspection.
Ms. Gallent asked about the dumpster, boat and the pole sign, which Mr. Mazin said were removed.
Mr. Mazin said the Board was advised at the last meeting that 2430 Boston Post Road had been operating
as various shops since the early 1960's. The present applicant is taking over the body shop in the rear of
the premises,which has been operated as a body shop for a long period of time under several prior owners.
The application before the Board is to continue that operation and apply for a special permit for the body
shop: There is also a repair shop in the front and an auto body shop in the back.
Ms. Reader informed the Board that a memo, dated June 4, 1997, was received from the Board of
Architectural Review(BAR),indicating additional materials needed to be provided for the Board to review.
The matter will be continued on June 19, 1997. Ms. Reader asked Ms. Gallent how that affects the
Planning Board with respect to moving forward.
Ms. Gallent said approval can be conditioned on BAR approval.
Mr. Mazin said the applicant will have to go before the BAR in connection with the sign, and is prepared
to do so.
Ms. Gallent asked that the record reflect that this matter was referred to the Westchester County Planning
Board and it declined comment.
Mr. Reader asked if there were any other questions by the Board or the public.
Mr. Papazian asked if the special permit would be similar to the previous permit granted to Auto
Craftsman.
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Ms. Reader said a previous permit is frequently used as a model for a current application,unless there are
- modifications made by the Board.
Mr. Papazian asked about the hours of operation.
Planning Board
June 11, 1997
Page 3
Mr. Tedesco said the hours of operation will be 8:00 a.m. to 5:00 p.m.,Monday through Friday, and 9:00
a.m. to 2:00 p.m. on Saturday.
Ms. Reader said the previous owner, Auto Craftsman, had a permit that permitted the hours of operation
from 8:00 a.m. to 7:00 p.m., Monday through Saturday, and asked Mr. Tedesco his feelings regarding
the hours.
Mr. Mazin said the applicant would appreciate the longer hours.
A discussion ensued regarding the previous conditions and the current applicant's needs, especially the
condition relating to noise emanating from inside the building.
Mr. Mazin said that condition arose due to the fact that the car wash that was next to the body shop used
to have a speaker system to which neighbors voiced objection, even though no noise was emanating from
that body shop.
Ms. Readel addressed the previous certification, special condition #2, regarding agreeing to provide
pollution control services and activities as set forth in a memorandum from CZMC dated December 5,
1990, and asked if the applicant has that memorandum.
Mr. Mazin said that condition was in reference to an oil separator in the back, which has been installed
and inspected.
Ms. Reader said it needs to be maintained.
Mr. Tedesco said the replacement filter needs to be changed every two months.
Ms. Gallent said condition#2 should read, "to provide and maintain."
Ms.Reader asked if the applicant had read the certification for the Special Permit issued to Auto Craftsman
dated August 12, 1992.
Mr. Tedesco said he reviewed the prior certification for the Special Permit with Mr. Jakubowski who
explained the conditions.
Ms. Reader asked if Mr. Tedesco accepts the ten conditions on the prior approval as explained by Mr.
Jakubowski.
Mr. Tedesco said he accepts the conditions and wishes them to continue.
On a motion was made by Dr. Mason, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
On a motion was made by Dr. Mason, seconded by Mr. Darsky, the following certification was
unanimously ADOPTED, with the same findings and special conditions as stated in the August 12, 1992
certification for a special permit to the Auto Craftsman with amendments as follows:
WHEREAS, Ralph Tedesco, d/b/a Tedesco Auto Body, Inc., submitted an application for a Special Use
Permit for use of the lower floor of the 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 auto body and fender
repair previously granted to Anthony Masella, d/b/a Auto Craftsman Ltd.; and
WHEREAS, a Public Hearing having been held on June 11, 1997 pursuant to notice; and
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Planning Board
June 11, 1997
Page 4
WHEREAS, the Planning Board having considered the application for a Special Use Permit, the plans 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 a Special Permit to operate an automobile repair facility
performing tune-ups,carburetor services and the like be and hereby is GRANTED to Ralph Tedesco, d/b/a
Tedesco Auto Body, Inc., for the premises located at 2430 Boston Post Road subject to the terms and
conditions set forth below and subject to the terms of a Special Permit granted to Auto Craftsman on
August 12, 1991, and 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 Ralph Tedesco,d/b/a Tedesco
Auto Body, Inc., for a Special Use Permit subject to the following terms and conditions:
1. Services on the premises shall be limited to the following: auto body and fender repair.
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 and maintain 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.
3. The applicant shall be bound, as successor to Collision Tech, to the agreement, dated
December 1990, between Collision Tech Ltd. and All Tune and Lube, which has been
succeeded by Jack Eisenbach, doing business as Jack's Miracle Auto Repairs.
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4. Hours of operation shall be from 8:00 a.m. to 7:00 p.m. Monday through Saturday. No
noise emanating from inside the building shall be audible outside the building.
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.
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Planning Board
June 11, 1997
Page 5
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 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, waste disposal and spray painting processes.
10. 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.
11. The applicant obtaining approval from the Board of Architectural Review (BAR) for its
signage.
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12. Permit shall expire after two (2) years.
The Chairwoman Reader read the next application as follows:
PUBLIC HEARING- FRESHWATER WETLANDS AND WATER COURSES PERMIT-Bohrer-
237 Griffen Avenue -Block 344 Lot 112
On a motion Mr. Darsky, seconded by Dr. Mason, 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. Reader informed the Board that a letter dated June 3, 1997 was received from the CZMC, and asked
the applicant if he had received a copy of that letter.
Fred Grippi,architect, of RMG Associates appeared for the applicant and said he had not received a copy
of the CZMC letter, which was provided.
Ms. Reader asked Mr. Grippi if he had a copy of the Malcolm Pirnie letter, which he had not. Ms.
Reader asked Mr. Leger, the Town's consulting engineer, to summarize the contents of the letter dated
June 10, 1997 from Malcolm Pirnie.
Mr. Leger said the application was reviewed under the wetlands ordinance and it was determined the work
as proposed is being done in a manner that will not hurt the wetlands and a permit can be issue.
Ms. Reader asked if there was a recommendation for a bond.
Mr. Leger said two things are required. One, is that more information is needed on the dry well and a
bond is required to cover the work to be performed in the amount of$1,500.00 .
Ms. Reader asked if there were any comments or questions from the Board or the public.
-Mr. Papazian asked if Mr. Grippi appeared before the Scarsdale board.
_ _ - Mr. Grippi said there was no need to go before the Scarsdale board.
On a motion made by Dr. Mason, seconded by Mr. Darsky , it was declared that there is no significant
impact with respect to this project and the following Negative Declaration was unanimously ADOPTED:
Planning Board
June 11, 1997
Page 6
Nathaniel and Betsy Bohrer have applied to the Town of Mamaroneck Planning Board
for a Freshwater Wetlands and Watercourses Permit pursuant to Mamaroneck Town Code Chapter 114 to
permit the construction of a rear addition to their home located at 237 Griffen Avenue (the "Proposed
• Action"). The Proposed Action lies within a control area within 100 feet of the Sheldrake Tributary, a
mapped wetland shown on the Town of Mamaroneck Freshwater Wetlands Map.
The Proposed Action is an unlisted action pursuant to SEQRA and MEQRA. See 6
N.Y.C.R.R. §§ 617.4 and 617.5; Town of Mamaroneck Code §§ 92-7(A) and 92-7(B).
The applicants have submitted a Long Form EAF, which has been reviewed by the
Planning Board and Philip Leger, P.E., of Malcolm Pirnie, Inc., the Town's consulting engineer. The
Long Form EAF reveals that the Proposed Action will not result in any significant adverse environmental
impacts. Upon review of the EAF and other application materials, Mr. Leger has determined that the
Proposed Action will not have any significant adverse impact on the 100-year flood plain and is compatible
with public health and welfare. See Letter, dated June 10, 1997, from Philip Leger to the Planning Board.
In addition, as set forth in the letter from the Coastal Zone Management Commission,
dated June 3, 1997, the Proposed Action is not inconsistent with the policies set forth in the Town's Local
Waterfront Revitalization Plan.
Conclusions and Findings
The Planning Board of the Town of Mamaroneck has concluded that the Proposed Action
will not result in any large and/or important impacts. Accordingly, the Planning Board hereby finds that
the Proposed Action will have no significant environmental effect. This negative declaration has been
prepared in accordance with Article 8 of the New York State Environmental Conservation Law.
On a motion made by Dr. Mason,seconded by Mr. Papazian, the Freshwater Wetlands and Water Courses
Permit was unanimously ADOPTED as follows:
WHEREAS, Nathaniel L. and Betsy Bohrer have applied for a permit pursuant to Mamaroneck Town
Code Chapter 114 for the premises located at Lot No. 237 Griffen Avenue and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 344 Lot 112 ; and
WHEREAS, this Planning Board has previously determined that the proposed action is an unlisted action
under SEQRA and MEQRA; and
WHEREAS, the Planning Board has adopted a Negative Declaration, dated June 11, 1997.
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 June
11, 1997;
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;
Planning Board
June 11, 1997
Page 7
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 Nathaniel L. and Betsy Bohrer for a permit,
pursuant to Mamaroneck Town Code Chapter 114,be and it hereby is GRANTED subject to the following
terms and conditions:
1. This permit is personal to the applicant and may not be transferred to any other
individual, entity or combination thereof;
2. 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.
3. The applicant follow the recommendations pertaining to native plantings as recommended
in the letter from the Coastal Zone Management Commission, dated June 3, 1997.
4. Work involving site preparation shall only take place from Monday through Friday
between the hours of 8:30 AM and 4:30 PM.
5. A cash deposit or bond for$1,500.00 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.
6. This permit shall expire upon completion of the proposed activity or one year from the
date of its issue whichever first occurs.
On a motion made by Mr. Darsky, seconded by Ms. Reader, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
The Chairwoman Reader read the next application as follows:
PUBLIC HEARING-SITE PLAN APPROVAL-BONNIE BRIAR COUNTRY CLUB-808 Weaver
{
Street -Block 225 Lot 1
Robert Mirrer, Assistant Manager of Bonnie Briar, and Paul Kalos, of 44 Colonial Avenue, Larchmont,
a member of Bonnie Briar, appeared before the Board.
'On a motion made by Mr. Papazian, seconded by Ms. Reader, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open."
Dr. Mason asked Mr. Kalos to inform the'Board what he wants to do and why.
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Planning Board
June 11, 1997
Page 8
Mr. Kalos said they are before the Board for site plan review. The site plan is specifically for a driveway
from Cornell Place into Bonnie Briar Country Club. The site plan involves installing 3/4 in., 4 ft. by 8
ft., steel plates, so vehicles can pass through a members driveway onto the club. What is happening on
the club is a 4-day event which is an adjunct to the PGA tournament being held at Winged Foot. The
Bonnie Briar driving range is being used for a hospitality tent where there will be meals. Shuttle buses
will go back and forth, and there will be parking on Bonnie Briar for individuals that will not be able to
park at other places.
Dr. Mason asked if there is any other way feasible way to provide access to that driving range through the
normal entrance of the club.
Mr. Kalos said there is a way to provide access to the club through its normal entrance, but that would
involve much more traffic backed up on Weaver Street. Mr. Kalos said this also allows more surface road
within Bonnie Briar for the heavier vehicles to pass through and turn around, and it is temporary. Dr.
Mason said what Mr. Kalos is proposing is the least disruptive approach, which Mr. Kalos confirmed.
Ms. Reader°asked Mr. Kalos if he confirmed whether or not the property to the northeast is occupied.
Mr. Kalos said he believes so, and everyone on the street was notified.
Ms. Reader asked if they were•also before the Scarsdale Planning Board.
Mr. Kalos said someone is representing the applicant this evening in Scarsdale which has the bigger issue,
traffic. Scarsdale will determine whatever else will be done; i.e. police, lights, stop signs, but Mr. Kalos
is not a part of that proceeding.
Mr. Harrington said she thought Mr. Kalos said, at last month's meeting, the Scarsdale Police Department
was aware and was providing services.
Mr. Kalos said the Scarsdale Police Department is aware and the hearing will determine exactly what
Scarsdale will be doing.
Ms. Reader asked if there were any comments from the public.
Jane Padgect of Country Club Drive, Larchmont appeared, asked if the proposed request is temporary and
will it be removed after the PGA tournament.
Mr. Kalos said it is temporary, will run from August 14th through August 17th, and everything will be
gone, under the contract, by the 20th of August. Mr. Kalos said the tents are temporary also. The
roadway could probably be done without the metal plates, but damage to the terrain would be caused by
the buses and vans. The buses and vans will travel better over the metal plates, which is the only reason
site plan approval is needed.
• Ms. Gallent asked if the Club has permission for buses to enter Winged Foot.
Mr. Kalos said he would surprised if they do not.
... Mr. Kalos said he did not know the particulars regarding the maneuvering of the buses and the individuals
using the buses after parking; i.e. bus route after drop-off, which is probably subject to another hearing.
• - - - Dr. Mason asked if buses would be coming from satellite parking and satellite facilities.
Mr. Kalos said he believes this would be one of the satelite parking sites,but cannot state it from his own
knowledge.
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Planning Board
June 11, 1997
Page 9
Ms. Reader said Ms. Gallent's question is whether Bonnie Briar is one of the satellite locations where
buses will be permitted to park.
Mr. Kalos said he would be surprised if Bonnie Briar was not one of the satellite locations. A package
is purchased which includes parking, three meals, and they are basically renting it.
Mr. Kalos said a private tour company has rented space on Bonnie Briar to create a package where you
buy a ticket, receive meals, allow parking and it is a four-day package marketed by the Fortune 500
Corporation. This package is only for corporate guests attending the PGA.
Ms. Reader said the Board has a letter dated June 10, 1997 from the Westchester County Planning Board,
and asked if Mr. Kalos has had an opportunity to see that letter.
Mr. Kalos said he did not see the letter, and was provided with a copy, which was discussed.
Ms. Reader asked if there were any further comments from the Board or the public.
Mr. Papazian asked that a section of the letter from the Westchester County Planning Board requesting the
applicant to "(consider) utilizing existing paved parking areas at the club....", be incorporated in the
Board's approval.
Ms. Gallent said it can be,incorporated into the Board's approval.
Ms. Reader said she is not sure what import that has, asking someone to."consider".
Mr. Mirrer said the club has generally shown a good-faith attitude toward everything, and will consider
the Westchester County Planning Board's recommendation.
Mr. Papazian withdrew his suggestion.
On a motion made by Mr. Darsky to approve the site plan approval for Bonnie Briar Country Club , 808
Weaver Street, Block 225, Lot 1, as presented in the plans dated May 5, 1997, accompanied by the Site
Plan Approval application, short form EAF and the letter from the Westchester County Planning Board,
dated June 10, 1997, seconded by Dr. Mason, the following resolution was ADOPTED, 5-1, Ms.
Harrington was opposed:
WHEREAS, William A. Rose, Jr., Vice President of WINGED FOOT GOLF CLUB has submitted an
application for Site Plan Approval for a temporary access road to be located at 851 Fenimore Road and
known on the Tax Assessment Map of the Town of Mamaroneck as Block 347 Lot 1 ; and
WHEREAS, the Planning Board has determined that the proposed action is a Type II action under
SEQRA; accordingly, no further action is required under SEQRA;
WHEREAS, the Planning Board has reviewed all of the submissions by, and on behalf of the applicant,
all correspondence from Town officials,the Consulting Engineer to the Town,and members of the public,
and Public Hearings have been held pursuant to notice on January 8, 1997;
NOW,THEREFORE,BE 1T RESOLVED, that Site Plan Approval is hereby granted for the application-- ;. _
submitted by William A. Rose, Jr., Vice President of Winged Foot Golf Club, subject to all terms and
conditions set forth herein:
I. General Requirements
A. All site work, landscaping, storm water drainage and treatment systems shall be
in accordance with the Site Plan, dated October 1,,1996, for a temporary road.
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Planning Board
June 11, 1997
Page 10
B. The crushed stone portion of the temporary road will be restored to a seeded
condition by October 30, 1997.
• II. Special Requirements
A. Water Retention and Drainage
This approval is subject to final approval of drainage plans by the Town's
Consulting Engineer.
B. Erosion and Sediment Control- (During Construction)
1. Erosion and sedimentation control plans shall be based on the standards
presented in the Town of Mamaroneck Soil Erosion and Sediment
Control Law.
2. The control plan shall include a construction timetable and an
inspection schedule.
On a motion made by Dr. Mason, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
The Chairwoman Reader read the next application as follows:
CONSIDERATION -FALLON SUBDIVISION -Brian J. Fallon/Vicky Eng -97 Madison Avenue -
Block 130 Lot 181
Brian Fallon,appeared and said the objective is to subdivide the property. About one year ago Mr. Fallon
went into contract with a site engineer who drew plans to subdivide and submitted same to the Zoning
Board. The submission was denied because of the setback and the fact that it is proposed on a paper street.
Mr. Fallon went back to the site engineer, managed to redesign the property so it adhered to the setback,
but still has not been able to get by the paper street, Lester Place. There is a multiple-family dwelling on
Lester Place with a driveway that goes up to the road, which Mr. Fallon said Ms. Reader viewed.
Ms. Reader said she did a drive-by and walked through.
Mr. Fallon said notice was received by mail, and asked what "consideration" is as far as the process is
concerned.
Ms. Reader said consideration means preliminarily advising the Board about the project. The next step
would be having a public hearing. Between the consideration and the_public hearing the Board may
indicate items that will be needed to consider voting and passing on the matter. This process is beneficial
to the applicant, so the applicant can be made aware of the items requested by or before the public hearing
and give the Board a preview of the project. Ms. Reader asked Ms. Gallent if Mr. Fallon has to receive
Zoning Board approval.
Ms. Gallent said Zoning Board approval is needed for several aspects of the proposals. Specifically, four
variances are required, including a variance of the requirement of frontage on a public street for Lot 2.
The Planning Board can permit property subdivision, but that does not mean there is a buildable lot.
Apparently, according to the Building Department, the second lot is not going to meet the Town's
standards: It is the Zoning Board that can give the applicant the ability to build on the lot, if certain
= findings can be met, which is a separate issue not before the Planning Board. Getting Planning Board
approval for subdivision is not sufficient to build on the lot.
• Planning Board
June 11, 1997
Page 11
Ms. Reader questioned whether the Planning Board should consider subdivision, regardless of the Zoning
Board issues.
Ms. Moser asked if the Planning Board has authority to approve'a sub-standard subdivision lot.
Ms. Gallent said it can be considered, and asked if Mr. Fallon is currently proceeding with the Zoning
Board.
Mr. Fallon said they were kicked back from the Zoning Board and informed this is the process that must
be gone through.
Mr. Papazian asked if this is a Lead Agency issue.
Ms. Gallent said no, because for the Zoning Board to grant a variance for the construction of a single-
family home, it is a Type II action. Subdivision is an Unlisted Action for the Planning Board. Ms. Gallent
asked Mr. Fallon who informed him that he must appear before the Planning Board first. Ms. Gallent said
it is an interesting problem because the reason the applicant has to come before the Planing Board first is
the fact that currently there is only one lot. There is actually nothing for the Zoning Board to consider,
because there is not yet a substandard lot.
Dr. Mason asked how substandard the lot is.
Ms. Gallent said she did not know.
Ms. Reader said in this particular case, it is beneficial to do a walk-through of the property. A walk-
through should be scheduled for the Board. Apparently there is an asphalt street which is not on the street
map even though it exists.
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Ms. Fallon said even though it is a paper road, there is a house on that street, the house does have a
driveway, there are families residing in the house and there is a mail being delivered to the house.
A discussion ensued regarding the paper road and the fact that the road has been cut in two.
Mr. Fallon said Lester Place is on the Town map.
Ms. Gallent referred to a memo from the Building Department, dated February 19, 1997,which was read
into the record.
Mr. Fallon said the recommendation from the Building Department regarding Mr. Fallon returning plans
and forms to allow him to appear before the Zoning Board March 25, 1997 was not done because of the
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road issue.
Ms. Reader informed Mr. Fallon the road apparently is not a public road and approval must be obtained
from the Zoning Board to use that road as entry and exit.
Ms. Reader asked if Mr. Fallon had the letter from the Zoning Board regarding rejection.
• ... . .. . Mr. Fallon said he did not have the letter, his lawyer had the letter. • .. .. .,. .
Ms. Reader advised Mr. Fallon it would be helpful to get the letter from his attorney and or have the
lawyer meet with Mr. Fallon and Mr. Jakubowski, or at least Mr. Fallon himself meet with Mr. __•
Jakubowski, who can help straighten out this matter not only for Mr. Fallon but for the Planning Board
also. .
Ms. Reader recommended that the Board continue with the consideration to the next meeting.
Planning Board
June 11, 1997
Page 12
Ms. Gallent agreed, and suggested getting an accurate description of what will happen in terms of the
Zoning Board and the road from the Building Department. A discussion ensued regarding the Zoning
Board granting or denying a variance.
Dr. Mason asked if it is Mr. Fallon's intent to use Lester Place as access to the second lot.
Mr. Fallon said it is his intent to use Lester Place as access to the second lot and is looking for direction
to proceed.
Ms. Gallent Mr. Fallon should see the Building Department, Mr. Jakubowski, for direction regarding the
variances that will be needed.
A discussion ensued regarding frontage, the public street, the paper road, Madison Avenue, the proposed
property subdivision and the existing house thereon and the proposed subdivision.
Ms. Reader said if the next step, according to Mr. Jakubowski, is to make an application to the Zoning
Board, Mr.tFallon should do that. Ms. Reader also informed Mr. Fallon that the "consideration" of his
application will be continued on the agenda at the next Planning Board meeting to provide the Board with
an update.
Ms. Gallent informed Mr. Fallon that in reviewing the subdivision application it is missing the names of
the adjacent property owners, a requirement that needs to be added to the application. Ms. Gallent said
this matter will have to be referred to the CZMC because it is an Unlisted Action.
On a motion made by Dr. Mason, seconded by Mr. Darsky, it was unanimously
RESOLVED, that this is an Unlisted Action, the Board is the Lead Agency requiring no further action
under SEQRA and the matter is referred to the CZMC.
Ms. Gallent said this matter will also be referred to the Thruway Authority, the DOT and Westchester
County Planning Board, because it is within 500 ft. of a right-of-way.
APPROVAL OF MINUTES
Ms. Reader said the approval of the April 9, 1997 Minutes is adjourned until the next meeting.
Ms. Reader said there is a quorum for May 14, 1997 Minutes,asked if the Board members had reviewed
the draft Minutes of that meeting and if there were any amendments. There being none, on a motion made
by Mr. Papazian, seconded by Ms. Harrington, the Minutes of the May 14, 1997 meeting were approved.
NEXT MEETING
The next meeting of this Board will be held on July 9, 1997.
ADJOURNMENT
On a motion made by Mr. Darsky, seconded by Ms. Harrington,the meeting was unanimously adjourned.
Margueritoma, Recording Secretary
MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
JUNE 11, 1997, IN THE SENIOR CENTER, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Marilyn S. Reader, Chairwoman
Richard H. Darsky
Linda S. Harrington
C. Alan Mason
Stephen Andrew Moser
Edmund Papazian
Absent: May W. Aisen
Also Present: Judith M. Gallent, Counsel
Philip A. Leger, Consulting Engineer
Susan Sturino, Public Stenographer
Terranova, Ka7a7Ps & Associates, Ltd.
40 Eighth Street
New Rochelle, New York 10801
Marguerite Roma, Recording Secretary
CALL TO ORDER
The meeting was called to order by Chairwoman, Marilyn Reader at 8:15 p.m.
APPROVAL OF MINUTES
Ms. Reader said the approval of the April 9, 1997 and May 14, 1997 Minutes will be held over until the
next meeting due to attendance at those meetings.
Ms. Reader informed the Board for the record that Elaine Price, Town Supervisor, would like to make
some comments regarding the proposed planning board Minutes relating to the food related enterprises.
Ms. Price said that in the presentation last evening a few points may have been overlooked. Ms. Price
wanted to make it clear on the record that since 1974 Town had banned fast-food establishments. There
was a very restrictive policy, not only on fast-food restaurants,but on any restaurant that was dealing with
counter trade. The ordinance further provided that everything had to be consumed on the premises. As
recently as 1988, that was validated by a group from the Village of Larchmont and the Town, 24
individuals looking at the master plan and 2 members of the planning board. It was felt it is not
constitutional and it started a chain reaction which resulted in the amendments discussed last night. As
disturbing as the outright prohibition was in terms of constitutional law, something else occurred which
made the Town Board aware of the need for a review of the policy and of precise definitions of fast-food
and other restaurants. It happened several months ago when Taco Bell was considering going into
Kentucky Fried as a franchise. Some residents of the community in Howell Park heard about it, went to
the building inspector and were told there was no problem because Kentucky Fried is not a fast-food
restaurant. The Town's response to that was, why isn't it a fast-food restaurant. It was stated that there
were a couple of tables, and that was how restaurants were defined. In the zoning code regulations there
is no definition of fast-foods or retail restaurants. Due to that fact, the Town hired a planning consultant
to establish a definition for fast-food restaurants which will be noticed for public review and the public is
urged to attend.
Planning Board
June 11, 1997
Page 2
Ms. Reader thanked Ms. Price for her presentation.
The Chairwoman Reader read the application as follows:
PUBLIC HEARING-SPECIAL USE PERMIT -TEDESCO AUTO BODY, INC. -2430 Boston Post
Road -Block 503 Lot 421
On a motion made and seconded, 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.
Donald Mazin, Esq. of 1415 Boston Post Road, Larchmont, New York appeared, representing Tedesco
Auto Body! Inc. Mr. Mazin said outstanding violations were discussed at the last meeting, and the
applicant was informed to correct same. The building inspector inspected the premises, and provided a
certification that the violations were removed.
Ms. Reader informed the Board that an inspection report dated June 9, 1997 indicated that the premises
passed inspection.
Ms. Gallent asked about the dumpster, boat and the pole sign, which Mr. Mazin said were removed.
Mr. Mazin said the Board was advised at the last meeting that 2430 Boston Post Road had been operating
as various shops since the early 1960's. The present applicant is taking over the body shop in the rear of
the premises,which has been operated as a body shop for a long period of time under several prior owners.
The application before the Board is to continue that operation and apply for a special permit for the body
shop. There is also a repair shop in the front and an auto body shop in the back.
Ms. Reader informed the Board that a memo, dated June 4, 1997, was received from the Board of
Architectural Review(BAR), indicating additional materials needed to be provided for the Board to review.
The matter will be continued on June 19, 1997. Ms. Reader asked Ms. Gallent how that affects the
Planning Board with respect to moving forward.
Ms. Gallent said approval can be conditioned on BAR approval.
Mr. Mazin said the applicant will have to go before the BAR in connection with the sign, and is prepared
to do so.
Ms. Gallent asked that the record reflect that this matter was referred to the Westchester County Planning
Board and it declined comment.
Mr. Reader asked if there were any other questions by the Board or the public.
Mr. Papazian asked if the special permit would be similar to the previous permit granted to Auto
Craftsman.
Ms. Reader said a previous permit is frequently used as a model for a current application,unless there are
modifications made by the Board.
Mr. Papazian asked about the hours of operation.
Planning Board
June 11, 1997
Page 3
Mr. Tedesco said the hours of operation will be 8:00 a.m. to 5:00 p.m., Monday through Friday,and 9:00
a.m. to 2:00 p.m. on Saturday.
Ms. Reader said the previous owner, Auto Craftsman, had a permit that permitted the hours of operation
from 8:00 a.m. to 7:00 p.m., Monday through Saturday, and asked Mr. Tedesco his feelings regarding
the hours.
Mr. Mazin said the applicant would appreciate the longer hours.
A discussion ensued regarding the previous conditions and the current applicant's needs, especially the
condition relating to noise emanating from inside the building.
Mr. Mazin said that condition arose due to the fact that the car wash that was next to the body shop used
to have a speaker system to which neighbors voiced objection, even though no noise was emanating from
that body shop.
Ms. Reader addressed the previous certification, special condition #2, regarding agreeing to provide
pollution control services and activities as set forth in a memorandum from CZMC dated December 5,
1990, and asked if the applicant has that memorandum.
Mr. Mazin said that condition was in reference to an oil separator in the back, which has been installed
and inspected.
Ms. Reader said it needs to be maintained.
Mr. Tedesco said the replacement filter needs to be changed every two months.
Ms. Gallent said condition#2 should read, "to provide and maintain."
Ms. Reader asked if the applicant had read the certification for the Special Permit issued to Auto Craftsman
dated August 12, 1992.
Mr. Tedesco said he reviewed the prior certification for the Special Permit with Mr. Jakubowski who
explained the conditions.
Ms. Reader asked if Mr. Tedesco accepts the ten conditions on the prior approval as explained by Mr.
Jakubowski.
Mr. Tedesco said he accepts the conditions and wishes them to continue.
On a motion was made by Dr. Mason, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
On a motion was made by Dr. Mason, seconded by Mr. Darsky, the following certification was
unanimously ADOPTED, with the same findings and special conditions as stated in the August 12, 1992
certification for a special permit to the Auto Craftsman with amendments as follows:
WHEREAS, Ralph Tedesco, d/b/a Tedesco Auto Body, Inc., submitted an application for a Special Use
Permit for use of the lower floor of the 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 auto body and fender
repair previously granted to Anthony Masella, d/b/a Auto Craftsman Ltd.; and
WHEREAS, a Public Hearing having been held on June 11, 1997 pursuant to notice; and
Planning Board
June 11, 1997
Page 4
WHEREAS, the Planning Board having considered the application for a Special Use Permit, the plans 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 a Special Permit to operate an automobile repair facility
performing tune-ups,carburetor services and the like be and hereby is GRANTED to Ralph Tedesco, d/b/a
Tedesco Auto Body, Inc., for the premises located at 2430 Boston Post Road subject to the terms and
conditions set forth below and subject to the terms of a Special Permit granted to Auto Craftsman on
August 12, 1991, and 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 Ralph Tedesco,d/b/a Tedesco
Auto Body, Inc., for a Special Use Permit subject to the following terms and conditions:
1. Services on the premises shall be limited to the following: auto body and fender repair.
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 and maintain 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.
3. The applicant shall be bound, as successor to Collision Tech, to the agreement, dated
December 1990, between Collision Tech Ltd. and All Tune and Lube, which has been
succeeded by Jack Eisenbach, doing business as Jack's Miracle Auto Repairs.
4. Hours of operation shall be from 8:00 a.m. to 7:00 p.m. Monday through Saturday. No
noise emanating from inside the building shall be audible outside the building.
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. •
Planning Board
June 11, 1997
Page 5
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 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, waste disposal and spray painting processes.
10. 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.
11. The applicant obtaining approval from the Board of Architectural Review (BAR) for its
signage.
12. Permit shall expire after two (2) years.
The Chairwoman Reader read the next application as follows:
PUBLIC HEARING- FRESHWATER WETLANDS AND WATER COURSES PERMIT-Bohrer-
237 Griffen Avenue - Block 344 Lot 112
On a motion Mr. Darsky, seconded by Dr. Mason, 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. Reader informed the Board that a letter dated June 3, 1997 was received from the CZMC, and asked
the applicant if he had received a copy of that letter.
Fred Grippi, architect, of RMG Associates appeared for the applicant and said he had not received a copy
of the CZMC letter, which was provided.
Ms. Reader asked Mr. Grippi if he had a copy of the Malcolm Pirnie letter, which he had not. Ms.
Reader asked Mr. Leger, the Town's consulting engineer, to summarize the contents of the letter dated
June 10, 1997 from Malcolm Pirnie.
Mr. Leger said the application was reviewed under the wetlands ordinance and it was determined the work
as proposed is being done in a manner that will not hurt the wetlands and a permit can be issue.
Ms. Reader asked if there was a recommendation for a bond.
Mr. Leger said two things are required. One, is that more information is needed on the dry well and a
bond is required to cover the work to be performed in the amount of$1,500.00 .
Ms. Reader asked if there were any comments or questions from the Board or the public.
Mr. Papazian asked if Mr. Grippi appeared before the Scarsdale board.
Mr. Grippi said there was no need to go before the Scarsdale board.
On a motion made by Dr. Mason, seconded by Mr. Darsky , it was declared that there is no significant
impact with respect to this project and the following Negative Declaration was unanimously ADOPTED:
Planning Board
June 11, 1997
Page 6
Nathaniel and Betsy Bohrer have applied to the Town of Mamaroneck Planning Board
for a Freshwater Wetlands and Watercourses Permit pursuant to Mamaroneck Town Code Chapter 114 to
permit the construction of a rear addition to their home located at 237 Griffen Avenue (the "Proposed
Action"). The Proposed Action lies within a control area within 100 feet of the Sheldrake Tributary, a
mapped wetland shown on the Town of Mamaroneck Freshwater Wetlands Map.
The Proposed Action is an unlisted action pursuant to SEQRA and MEQRA. See 6
N.Y.C.R.R. §§ 617.4 and 617.5; Town of Mamaroneck Code §§ 92-7(A) and 92-7(B).
The applicants have submitted a Long Form EAF, which has been reviewed by the
Planning Board and Philip Leger, P.E., of Malcolm Pirnie, Inc., the Town's consulting engineer. The
Long Form EAF reveals that the Proposed Action will not result in any significant adverse environmental
impacts. Upon review of the EAF and other application materials, Mr. Leger has determined that the
Proposed Action will not have any significant adverse impact on the 100-year flood plain and is compatible
with public health and welfare. See Letter, dated June 10, 1997, from Philip Leger to the Planning Board.
In addition, as set forth in the letter from the Coastal Zone Management Commission,
dated June 3, 1997, the Proposed Action is not inconsistent with the policies set forth in the Town's Local
Waterfront Revitalization Plan.
Conclusions and Findings
The Planning Board of the Town of Mamaroneck has concluded that the Proposed Action
will not result in any large and/or important impacts. Accordingly, the Planning Board hereby fmds that
the Proposed Action will have no significant environmental effect. This negative declaration has been
prepared in accordance with Article 8 of the New York State Environmental Conservation Law.
On a motion made by Dr. Mason, seconded by Mr. Papazian, the Freshwater Wetlands and Water Courses
Permit was unanimously ADOPTED as follows:
WHEREAS, Nathaniel L. and Betsy Bohrer have applied for a permit pursuant to Mamaroneck Town
Code Chapter 114 for the premises located at Lot No. 237 Griffen Avenue and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 344 Lot 112 ; and
WHEREAS, this Planning Board has previously determined that the proposed action is an unlisted action
under SEQRA and MEQRA; and
WHEREAS, the Planning Board has adopted a Negative Declaration, dated June 11, 1997.
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 June
11, 1997;
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;
Planning Board
June 11, 1997
Page 7
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 Nathaniel L. and Betsy Bohrer for a permit,
pursuant to Mamaroneck Town Code Chapter 114,be and it hereby is GRANTED subject to the following
terms and conditions:
1. This permit is personal to the applicant and may not be transferred to any other
individual, entity or combination thereof;
2. 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.
3. The applicant follow the recommendations pertaining to native plantings as recommended
in the letter from the Coastal Zone Management Commission, dated June 3, 1997.
4. Work involving site preparation shall only take place from Monday through Friday
between the hours of 8:30 AM and 4:30 PM.
5. A cash deposit or bond for$1,500.00 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.
6. This permit shall expire upon completion of the proposed activity or one year from the
date of its issue whichever first occurs.
On a motion made by Mr. Darsky, seconded by Ms. Reader, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
The Chairwoman Reader read the next application as follows:
PUBLIC HEARING-SITE PLAN APPROVAL -BONNIE BRIAR COUNTRY CLUB-808 Weaver
Street -Block 225 Lot 1
Robert Mirrer, Assistant Manager of Bonnie Briar, and Paul Kalos, of 44 Colonial Avenue, Larchmont,
a member of Bonnie Briar, appeared before the Board.
On a motion made by Mr. Papazian, seconded by Ms. Reader, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared open.
Dr. Mason asked Mr. Kalos to inform the Board what he wants to do and why.
Planning Board
June 11, 1997
Page 8
Mr. Kalos said they are before the Board for site plan review. The site plan is specifically for a driveway
from Cornell Place into Bonnie Briar Country Club. The site plan involves installing 3/4 in., 4 ft. by 8
ft., steel plates, so vehicles can pass through a members driveway onto the club. What is happening on
the club is a 4-day event which is an adjunct to the PGA tournament being held at Winged Foot. The
Bonnie Briar driving range is being used for a hospitality tent where there will be meals. Shuttle buses
will go back and forth, and there will be parking on Bonnie Briar for individuals that will not be able to
park at other places.
Dr. Mason asked if there is any other way feasible way to provide access to that driving range through the
normal entrance of the club.
Mr. Kalos said there is a way to provide access to the club through its normal entrance, but that would
involve much more traffic backed up on Weaver Street. Mr. Kalos said this also allows more surface road
within Bonnie Briar for the heavier vehicles to pass through and turn around, and it is temporary. Dr.
Mason said what Mr. Kalos is proposing is the least disruptive approach, which Mr. Kalos confirmed.
I
Ms. Reader asked Mr. Kalos if he confirmed whether or not the property to the northeast is occupied.
Mr. Kalos said he believes so, and everyone on the street was notified.
Ms. Reader asked if they were also before the Scarsdale Planning Board.
Mr. Kalos said someone is representing the applicant this evening in Scarsdale which has the bigger issue,
traffic. Scarsdale will determine whatever else will be done; i.e. police, lights, stop signs, but Mr. Kalos
is not a part of that proceeding.
Mr. Harrington said she thought Mr. Kalos said, at last month's meeting, the Scarsdale Police Department
was aware and was providing services.
Mr. Kalos said the Scarsdale Police Department is aware and the hearing will determine exactly what
Scarsdale will be doing.
Ms. Reader asked if there were any comments from the public.
Jane Padgect of Country Club Drive, Larchmont appeared, asked if the proposed request is temporary and
will it be removed after the PGA tournament.
Mr. Kalos said it is temporary, will run from August 14th through August 17th, and everything will be
gone, under the contract, by the 20th of August. Mr. Kalos said the tents are temporary also. The
roadway could probably be done without the metal plates, but damage to the terrain would be caused by
the buses and vans. The buses and vans will travel better over the metal plates, which is the only reason
site plan approval is needed.
Ms. Gallent asked if the Club has permission for buses to enter Winged Foot.
Mr. Kalos said he would surprised if they do not.
Mr. Kalos said he did not know the particulars regarding the maneuvering of the buses and the individuals
using the buses after parking; i.e. bus route after drop-off, which is probably subject to another hearing.
Dr. Mason asked if buses would be coming from satellite parking and satellite facilities.
Mr. Kalos said he believes this would be one of the satelite parking sites,but cannot state it from his own
knowledge.
Planning Board
June 11, 1997
Page 9
Ms. Reader said Ms. Gallent's question is whether Bonnie Briar is one of the satellite locations where
buses will be permitted to park.
Mr. Kalos said he would be surprised if Bonnie Briar was not one of the satellite locations. A package
is purchased which includes parking, three meals, and they are basically renting it.
Mr. Kalos said a private tour company has rented space on Bonnie Briar to create a package where you
buy a ticket, receive meals, allow parking and it is a four-day package marketed by the Fortune 500
Corporation. This package is only for corporate guests attending the PGA.
Ms. Reader said the Board has a letter dated June 10, 1997 from the Westchester County Planning Board,
and asked if Mr. Kalos has had an opportunity to see that letter.
Mr. Kalos said he did not see the letter, and was provided with a copy, which was discussed.
Ms. Reader+asked if there were any further comments from the Board or the public.
Mr. Papazian asked that a section of the letter from the Westchester County Planning Board requesting the
applicant to "(consider) utilizing existing paved parking areas at the club....", be incorporated in the
Board's approval.
Ms. Gallent said it can be incorporated into the Board's approval.
Ms. Reader said she is not sure what import that has, asking someone to "consider".
Mr. Mirrer said the club has generally shown a good-faith attitude toward everything, and will consider
the Westchester County Planning Board's recommendation.
Mr. Papazian withdrew his suggestion.
On a motion made by Mr. Darsky to approve the site plan approval for Bonnie Briar Country Club , 808
Weaver Street, Block 225, Lot 1, as presented in the plans dated May 5, 1997, accompanied by the Site
Plan Approval application, short form EAF and the letter from the Westchester County Planning Board,
dated June 10, 1997, seconded by Dr. Mason, the following resolution was ADOPTED, 5-1, Ms.
Harrington was opposed:
WHEREAS, William A. Rose, Jr., Vice President of WINGED FOOT GOLF CLUB has submitted an
application for Site Plan Approval for a temporary access road to be located at 851 Fenimore Road and
known on the Tax Assessment Map of the Town of Mamaroneck as Block 347 Lot 1 ; and
WHEREAS, the Planning Board has determined that the proposed action is a Type II action under
SEQRA; accordingly, no further action is required under SEQRA;
WHEREAS, the Planning Board has reviewed all of the submissions by, and on behalf of the applicant,
all correspondence from Town officials, the Consulting Engineer to the Town,and members of the public,
and Public Hearings have been held pursuant to notice on January 8, 1997;
NOW,THEREFORE,BE IT RESOLVED, that Site Plan Approval is hereby granted for the application
submitted by William A. Rose, Jr., Vice President of Winged Foot Golf Club, subject to all terms and
conditions set forth herein:
I. General Requirements
A. All site work, landscaping, storm water drainage and treatment systems shall be
in accordance with the Site Plan, dated October 1, 1996, for a temporary road.
Planning Board
June 11, 1997
Page 10
B. The crushed stone portion of the temporary road will be restored to a seeded
condition by October 30, 1997.
II. Special Requirements
A. Water Retention and Drainage
This approval is subject to final approval of drainage plans by the Town's
Consulting Engineer.
B. Erosion and Sediment Control - (During Construction)
1. Erosion and sedimentation control plans shall be based on the standards
presented in the Town of Mamaroneck Soil Erosion and Sediment
Control Law.
2. The control plan shall include a construction timetable and an
inspection schedule.
On a motion made by Dr. Mason, seconded by Mr. Darsky, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared closed.
The Chairwoman Reader read the next application as follows:
CONSIDERATION -FALLON SUBDIVISION -Brian J. Fallon/Vicky Eng -97 Madison Avenue -
Block 130 Lot 181
Brian Fallon,appeared and said the objective is to subdivide the property. About one year ago Mr. Fallon
went into contract with a site engineer who drew plans to subdivide and submitted same to the Zoning
Board. The submission was denied because of the setback and the fact that it is proposed on a paper street.
Mr. Fallon went back to the site engineer, managed to redesign the property so it adhered to the setback,
but still has not been able to get by the paper street, Lester Place. There is a multiple-family dwelling on
Lester Place with a driveway that goes up to the road, which Mr. Fallon said Ms. Reader viewed.
Ms. Reader said she did a drive-by and walked through.
Mr. Fallon said notice was received by mail, and asked what "consideration" is as far as the process is
concerned.
Ms. Reader said consideration means preliminarily advising the Board about the project. The next step
would be having a public hearing. Between the consideration and the public hearing the Board may
indicate items that will be needed to consider voting and passing on the matter. This process is beneficial
to the applicant, so the applicant can be made aware of the items requested by or before the public hearing
and give the Board a preview of the project. Ms. Reader asked Ms. Gallent if Mr. Fallon has to receive
Zoning Board approval.
Ms. Gallent said Zoning Board approval is needed for several aspects of the proposals. Specifically, four
variances are required, including a variance of the requirement of frontage on a public street for Lot 2.
The Planning Board can permit property subdivision, but that does not mean there is a buildable lot. •
Apparently, according to the Building Department, the second lot is not going to meet the Town's
standards. It is the Zoning Board that can give the applicant the ability to build on the lot, if certain
findings can be met, which is a separate issue not before the Planning Board. Getting Planning Board
approval for subdivision is not sufficient to build on the lot.
Planning Board
June 11, 1997
Page 11
Ms. Reader questioned whether the Planning Board should consider subdivision, regardless of the Zoning
Board issues.
Ms. Moser asked if the Planning Board has authority to approve a sub-standard subdivision lot.
Ms. Gallent said it can be considered, and asked if Mr. Fallon is currently proceeding with the Zoning
Board.
Mr. Fallon said they were kicked back from the Zoning Board and informed this is the process that must
be gone through.
Mr. Papazian asked if this is a Lead Agency issue.
Ms. Gallent said no, because for the Zoning Board to grant a variance for the construction of a single-
family home, it is a Type II action. Subdivision is an Unlisted Action for the Planning Board. Ms. Gallent
asked Mr. Fallon who informed him that he must appear before the Planning Board first. Ms. Gallent said
it is an interesting problem because the reason the applicant has to come before the Planing Board first is
the fact that currently there is only one lot. There is actually nothing for the Zoning Board to consider,
because there is not yet a substandard lot.
Dr. Mason asked how substandard the lot is.
Ms. Gallent said she did not know.
Ms. Reader said in this particular case, it is beneficial to do a walk-through of the property. A walk-
through should be scheduled for the Board. Apparently there is an asphalt street which is not on the street
map even though it exists.
Ms. Fallon said even though it is a paper road, there is a house on that street, the house does have a
driveway, there are families residing in the house and there is a mail being delivered to the house.
A discussion ensued regarding the paper road and the fact that the road has been cut in two.
Mr. Fallon said Lester Place is on the Town map.
Ms. Gallent referred to a memo from the Building Department, dated February 19, 1997, which was read
into the record.
Mr. Fallon said the recommendation from the Building Department regarding Mr. Fallon returning plans
and forms to allow him to appear before the Zoning Board March 25, 1997 was not done because of the
road issue.
Ms. Reader informed Mr. Fallon the road apparently is not a public road and approval must be obtained
from the Zoning Board to use that road as entry and exit.
Ms. Reader asked if Mr. Fallon had the letter from the Zoning Board regarding rejection.
Mr. Fallon said he did not have the letter, his lawyer had the letter.
Ms. Reader advised Mr. Fallon it would be helpful to get the letter from his attorney and or have the
lawyer meet with Mr. Fallon and Mr. Jakubowski, or at least Mr. Fallon himself meet with Mr.
Jakubowski, who can help straighten out this matter not only for Mr. Fallon but for the Planning Board
also.
Ms. Reader recommended that the Board continue with the consideration to the next meeting.
Planning Board
June 11, 1997
Page 12
Ms. Gallent agreed, and suggested getting an accurate description of what will happen in terms of the
Zoning Board and the road from the Building Department. A discussion ensued regarding the Zoning
Board granting or denying a variance.
Dr. Mason asked if it is Mr. Fallon's intent to use Lester Place as access to the second lot.
Mr. Fallon said it is his intent to use Lester Place as access to the second lot and is looking for direction
to proceed.
Ms. Gallent Mr. Fallon should see the Building Department, Mr. Jakubowski, for direction regarding the
variances that will be needed.
A discussion ensued regarding frontage, the public street, the paper road, Madison Avenue, the proposed
property subdivision and the existing house thereon and the proposed subdivision.
Ms. Readeit said if the next step, according to Mr. Jakubowski, is to make an application to the Zoning
Board, Mr. Fallon should do that. Ms. Reader also informed Mr. Fallon that the "consideration" of his
application will be continued on the agenda at the next Planning Board meeting to provide the Board with
an update.
Ms. Gallent informed Mr. Fallon that in reviewing the subdivision application it is missing the names of
the adjacent property owners, a requirement that needs to be added to the application. Ms. Gallent said
this matter will have to be referred to the CZMC because it is an Unlisted Action.
On a motion made by Dr. Mason, seconded by Mr. Darsky, it was unanimously
RESOLVED, that this is an Unlisted Action, the Board is the Lead Agency requiring no further action
under SEQRA and the matter is referred to the CZMC.
Ms. Gallent said this matter will also be referred to the Thruway Authority, the DOT and Westchester
County Planning Board, because it is within 500 ft. of a right-of-way.
APPROVAL OF MINUTES
Ms. Reader said the approval of the April 9, 1997 Minutes is adjourned until the next meeting.
Ms. Reader said there is a quorum for May 14, 1997 Minutes, asked if the Board members had reviewed
the draft Minutes of that meeting and if there were any amendments. There being none, on a motion made
by Mr. Papazian, seconded by Ms. Harrington, the Minutes of the May 14, 1997 meeting were approved.
NEXT MEETING
The next meeting of this Board will be held on July 9, 1997.
ADJOURNMENT
On a motion made by Mr. Darsky, seconded by Ms. Harrington,the meeting was unanimously adjourned.
Thrml K
Marguerite , Recording Secretary