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HomeMy WebLinkAbout1991_03_11 Planning Board Minutes nr MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MARCH 11, 1991, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford Bell, Chairman Jerry Donatelli • Edward Gonye REC""� A Norma Jacobson � �� ' Patricia Latona MAR 20 1992 P,,T.RlClA A.DirioCCiO Absent: David Freeman P;r1MARCLERK Alan Murray N.Y Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Karen Brideau, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:26 PM. ADJOURNED PUBLIC HEARING - APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT - Mr. and Mrs. Barry Dichter 32 Bonnie Way Block 104 Parcels 40 & 700 Mrs. Dichter appeared with Arnold Wile, architect. On motion of Mrs. Latona, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion of Mrs. Latona, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. Wile submitted a drawing showing the distribution of hay bales during the construction of the addition. He stated that there would be no mechanical equipment used - only shovels. • March 11, 1992 -2- On motion of Mr. Donatelli, seconded by Mrs. Jacobson, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Barry Dichter have applied for a permit for the premises at 32 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Lots 40 and 700 pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II action and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 86-6(D), that the activity proposed is of a minor nature and is compatible pursuant to 6NYCRR 665.7; WHEREAS, a Public Hearing pursuant to Local Law #7 of 1986 having been held on March 11, 1992; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alternative, and (C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 3. The proposed activity will result in no more than insubstantial degradation to, or loss of any part of the wetland because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; March 11, 1992 -3- AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law #7 of 1986 be, and hereby is, waived; and BE IT FURTHER RESOLVED, that the application of Mr. and Mrs. Dichter for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. This permit is personal to the applicants and may not be transferred to any other individual, entity or a 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. 3. During construction, in consultation with the Consulting Engineer, hay bales shall be installed between the construction and the Sheidrake River. 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 $1,000 shall be furnished to the Town by the applicants 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. ADJOURNED PUBLIC HEARING - SPECIAL PERMIT APPLICATION Nautilus Diner of Mamaroneck, Inc. 1240 Boston Post Road Block 408 Lot 110 and 154 Costa Efstathiou, the owner, appeared. On motion of Mr. Donatelli, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. March 11, 1992 -4- On motion of Mrs. Jacobson seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. Efstathiou stated that he wanted to cooperate in every possible way with the Town and that his operation was an existing one which would remain virtually- the same. He requested that the diner be open 7 days a week and for 24 hours every day. The previous owner had brought the restaurant up to code for the handicapped and waste removal, and the plans indicate entrances and egresses. On motion of Mr. Donatelli, seconded by Mrs. Jacobson, the following resolutions were adopted. WHEREAS, Nautilus Diner of Mamaroneck, Inc. has submitted an application for a Special Permit for use of premises at 1240 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 408 Lot 110 and 154 as a diner; 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 March 11, 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 diner is granted to Nautilus Diner of Mamaroneck, Inc. for premises located at 1240 West Boston Post Road subject to the terms and conditions set forth below: A. Findings Subject to the conditions set forth in this Resolution, the Planning Board finds: 1. That the proposed use is in general harmony with the surrounding area and does not adversely impact 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. March 11, 1992 -5- 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 Diner/Restaurant shall be permitted to operate 24 hours a day, seven days a week. 2. Traffic ingress and egress and traffic patterns on the site shall be as shown on the plans. 3. This Special Permit is subject to termination requirements in Section 89-53 of the Zoning Code of the Town of Mamaroneck. 4. Any exterior lighting shall be directed toward the building. 5. The applicant shall provide bathroom facilities for the handicapped in accordance with applicable regulations. 6. The applicant shall provide a compactor for waste at the rear of the building on the site at the location of the waste bin. ADJOURNED PUBLIC HEARING - SPECIAL PERMIT APPLICATION Shu Zian Xu 176 Myrtle Blvd Block 133 Lot 642 Shu Kim Lin appeared on behalf of the application. On motion of Mrs. Latona, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion of Mrs. Latona, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Shu stated that the restaurant would be operating just as the Sunrise Kitchen had. There will be no waiter service, seats for 18 customers and the same hours. On motion of Mrs. Latona, seconded by Mr. Gonye, it was unanimously March 11, 1992 -6- 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 II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA On motion of Mr. Donatelli, seconded by Mrs. Jacobson, the following resolutions were unanimously adopted. WHEREAS, Shu Qian Xu has submitted an application for a Special Permit use for a facility providing restaurant services located at 176 Myrtle Blvd, Larchmont, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Lot 642; and WHEREAS, a Public Hearing having been held on March 11, 1992 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, the variance granted in 1989 by the Zoning Board of Appeals, comments and responses to questions by the applicants, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public; NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use. 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 (Myrtle Blvd to the East, commercial establishments and restaurant uses to the North and South, and apartment buildings between the site and the residential area to the West). It will not adversely impact upon surrounding properties or surrounding property values. 4. There are no existing violations of the Zoning Ordinance on the property which is the subject of this application. March 11, 1992 -7- BE IT FURTHER RESOLVED, that this Board approves the application of Shu Qian Xu for a Special Permit. The nature of the restaurant operation is one with seating for 18 patrons on the premises, and the Permit is granted subject to the following terms and conditions: 1. There shall be no waiter service at the restaurant. 2. .The hours of operation of the restaurant shall be: Monday to Thursday from 11 AM to 9:30 PM, Friday and Saturday from 11 AM to 10:00 PM, and Sunday for 12 noon to 9:30 PM. ADJOURNED PUBLIC HEARING - SITE PLAN APPLICATION Total Fitness Center 15 Madison Avenue Block 132 Lot 469 Mike Tasso, proprietor; Edward Ferrarone, building owner; and James Fleming, architect appeared. On motion of Mr. Donatelli, seconded by Mr. Gonye, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion of Mrs. Latona, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. Fleming reiterated his previous explanation of the project and submitted tabulations of parking use and class times. Mr. Ferrarone stated that there are three lights on the building with beams which reach the farthest point of the parking lot and that he maintains an active towing program in the lot. Mr. Tasso stated that the facility could hold 60 occupants and that the hours would be 6 AM to 10 PM Monday - Friday; 8 AM to 6 PM Saturdays; and 8 AM to 5 PM Sundays. On motion of Mrs. Jacobson, seconded by Mrs. Latona, the following resolutions were unanimously adopted WHEREAS, Total Fitness Center has submitted a completed application for Site Plan Approval for premises located at 15 Madison Avenue and known on the Tax Assessment Map as Block 132 Lot 469; and WHEREAS, the Planning Board has previously determined that this proposal is a Type II action; and WHEREAS, the Building Inspector and Consulting Engineer to the Town have reviewed the plans dated 12-12-91 drawn by James Fleming and numbered A-1 and SP 1; and WHEREAS, a Public Hearing having been held, pursuant to notice on March 11, 1992; March 11, 1992 -8- NOW, THEREFORE BE IT RESOLVED, that the Site Plan application submitted by the Town of Mamaroneck be, and it hereby is, approved, subject to the following terms and conditions: 1. All lights shall be directed downward. 2. All lights shall be turned off one half-hour after the facility closes. 3. The restriping plan of the parking lot shall be determined by the Building Inspector. 4. The hours of the facility shall be from 6 AM - 10 PM, Monday through Friday; 8 AM - 6 PM, Saturday and Sunday. FURTHER RESOLVED, that this Site Plan is granted without additional terms and conditions. ADJOURNED PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT APPLICATION - Winged Foot Golf Club Fenimore Road Block 347 Lot 1 Robert Alonzi, Golf Course Superintendent, appeared. On motion of Mr. Donatelli, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion of Mr.Gonye, seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Dr. Mason stated that the CZMC supported the application. 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 which may have a significant impact on the environment as determined by New York State or corresponding local law; and it is FURTHER RESOLVED, that, considering the comments of the CZMC and the Consulting Engineer, this Board makes a Negative Declaration in this matter. March 11, 1992 -9- On motion of Mr. Donatelli, seconded by Mrs. Jacobson, the following resolutions were unanimously adopted. WHEREAS, Winged Foot Golf Club has applied for a permit for the premises at Fenimore Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347 Lot 1 pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type I Action, that this Board makes a Negative Declaration and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town and the Coastal Zone Management Commission have submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 86-6(D), that the activity proposed is of a minor nature and is compatible pursuant to 6NYCRR 665.7; WHEREAS, a Public Hearing pursuant to Local Law #7 of 1986 having been held on March 11, 1992; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alternative, and (C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 3. The proposed activity will result in no more than insubstantial degradation to, or loss of any part of the wetland because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; • March 11, 1992 -10- BE IT FURTHER RESOLVED, that the application of Winged Foot Golf Club for a permit, pursuant to Local Law #l7 of 1986, 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 a 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. 3. Work involving site preparation shall only take place from Monday through Friday between the hours of 8:30 AM and 4:30 PM. 4. A cash deposit or bond for $1,000 shall be furnished to the Town by the applicants to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 5. The applicant must follow New York Stated Department of Environmental Conservation guidelines for the removal of the underground tanks and the installation of the new, above-ground tanks. 6. Shut-off nozzles shall be installed on the gas tanks. 7. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. FURTHER CONSIDERATION OF SEQRA AND SUBDIVISION APPLICATION - R. Diforio 707 Weaver Street Block 102 Lots 1 and 181 William Maker, attorney, appeared with Nanette Bourne, a planner with Saccardi and Schiff. They had submitted a Draft Environmental Statement. Mr. Maker requested that the Board accept the EIS and set a public hearing for SEQRA and subdivision approval. Mr. Silverberg explained that the issue was whether the document was complete - had all aspects been covered. He stated that the public would have a chance farther into the process to make comments. Mr. Trachtman stated that from an engineering standpoint he considered the study to be complete. Mrs. Jacobson, Mr. Bell and Mr. Donatelli were ready to accept the document, but Mrs. Latona and Mr. Gonye were not prepared to do so as they had not carefully read it. With the consent of the applicant, this matter was adjourned to the next meeting. March 11, 1992 -11- APPROVAL OF MINUTES On motion of Mrs. Latona, seconded by Mrs. Jacobson, the minutes for January 8, 1992 were approved unanimously. ADJOURNMENT On motion of Mrs. Latona, seconded by Mr. Donatelli, the meeting was adjourned at 9:43 PM. Bonnie M. Burdick