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HomeMy WebLinkAbout1997_05_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 14, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman May W. Aisen Linda S. Harrington Stephen Andrew Moser Edmund Papazian Absent: Richard H. Darsky C. Alan Mason Also Present: Judith M. Gallent, Counsel Gary B. Trachtman, Consulting Engineer Philip A. Leger, Consulting Engineer Julie Cleary, 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 stated some members of the Board are absent this evening that were present at the last meeting, the Minutes of the previous meeting will be adjourned to be reviewed at the next meeting. 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. Chairwoman Reader read the application as follows: PUBLIC HEARING-FRESHWATER WETLANDS AND WATER COURSES PERMIT-Mintzer- 74 East Brookside Drive - Block 212 Lot 129 Richard Mintzer of 74 East Brookside Drive, Larchmont, appeared and stated the house was purchased in 1994 at an estate sale, was constructed in 1925 and has a small kitchen that is not functional. Mr. Mintzer has two children, the house does not have a rational layout, hence the proposed expansion. Mr. Mintzer said he has completed the process of applying for a variance for a smaller front yard, which was granted by the Zoning Board on April 30, 1997. He stated he is familiar with the review regarding storm water, and the addition will have minimal impact. The footprint is 1,340 ft. and will be increased to 1,730 ft. Mr. Mintzer said the revised plan shows the 100 ft. line from the brook, and said construction is behind Planning Board May 14, 1997 Page 2 the front line. Mr. Mintzer said he is prepared to do whatever is necessary to protect the environment, and will answer any questions the Board may have. Ms. Reader said that the porch is further away from Little Farms Road and asked what is being constructed in that area. Mr. Mintzer explained that there were three 100 year old pine trees to be preserved and the architect took that into consideration in the proposed plans. Ms. Reader asked if there were any other questions from Board members. Mr. Papazian asked if the proposed addition will have a basement. Mr. Mintzer said the new space will not have a basement,just access for heating. Ms. Reader asked Mr. Mintzer if he had a chance to review the letter dated May 12, 1997 from the CZMC which did not state any opposition. Mr. Mintzer said he had reviewed it. Ms. Reader then read the letter dated May 12, 1997 from Malcolm Pirnie,which states the activity satisfies the compatibility test and recommended a bond for the FWWP be posted in the amount of$1,500.00. Ms.Harrington asked Mr.Mintzer his feelings about the recommendation from the CZMC regarding native shrubs being planted. Mr. Mintzer said he has not focused on the landscaping and did not have a copy of the book, Land Use Working Guide, regarding native shrubs, but will landscape with native shrubs. He then passed out a survey showing that arborvitae had already been planted, said he will continue the row of arborvitae when the construction is completed and will rebuild the vineyard. Mr. Papazian asked Mr. Trachtman to summarize the letter from Malcolm Pirnie, which was done. Ms. Reader asked if there were any other questions from the Board or the public. There being none, on a motion was made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Reader said the matter is an Unlisted Action, and said counsel has provided a draft Negative Declaration dated May 13, 1997. On a motion made by Mr. Papazian, seconded by Mr. Moser, the following Negative Declaration was unanimously adopted: Richard and Cheryl Mintzer 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 an addition to their home located at 74 East Brookside Drive (the "Proposed Action"). A portion of the Proposed Action lies within 100 feet of the Sheldrake River, a mapped freshwater wetland and Critical Environmental Area. 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 ^_bmitted a Long Form EAF, which has been reviewed by the Planning Board and Gary Trachtman, P.E., of Malcolm Pirnie,Inc., the Town's consulting engineer. The Planning Board May 14, 1997 Page 3 Long Form EAF reveals that the Proposed Action will not result in any significant adverse environmental impacts. Moreover, the Town's Surface Water Erosion and Sediment Control Law requires the applicants to undertake erosion and sediment control measures to minimize erosion and siltation of the Sheldrake River during construction. Upon review of the EAF and other application materials, Mr. Trachtman has determined that the Proposed Action is compatible with public health and welfare. See letter, dated May 12, 1997, from Gary Trachtman to Planning Board. In addition, as set forth in the letter from the Coastal Zone Management Commission, dated May 12, 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 Ms. Aisen, seconded by Mr. Moser, the following resolution was unanimously adopted: WHEREAS, Richard and Cheryl Mintzer have applied for a permit pursuant to Mamaroneck Town Code Chapter 114 for the premises located at Lot No. 74 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 129; and WHEREAS, this Planning Board has determined that the proposed action is an Unlisted action pursuant to SEQRA and MEQRA; and WHEREAS, the Planning Board has adopted a Negative Declaration dated May 13, 1997; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing, dated May 12, 1997 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; and WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on May 14, 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 are. 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. • Planning Board May 14, 1997 Page 4 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 Richard and Cheryl Mintzer 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. 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$1,500.00 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. 5. 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 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. Chairwoman Reader read the next application as follows: PUBLIC HEARING - SPECIAL USE PERMIT - HIGH TECH CAR WASH - Guerrerio - 2434 Boston Post Road - Block 503 Lot 326.1 Dolores Battalia, Esq.,of Stein & Battalia, 2001 Palmer Avenue, Larchmont, appeared along with the architect, Walter Nestler. Ms. Battalia said she is before the Board seeking a Special Permit due to a recent change in ownership which requires that the Special Permit be issued to the new owner and operator of the car wash. Ms. Battalia said at the last Planning Board meeting the applicant was referred to the Architectural Board of Review (BAR), and submission was also made to the County Planning Board. Ms. Gallent said there has been no response from the County Planning Board. Ms. Battalia said that Mr. Nestler appeared before the BAR, and the BAR requested certain changes to the style of lettering on the canopy sign which he will explain to the Board. In addition it has been determined that the canopy was replaced by the prior owner after storm damage in February, and the new lettering is slightly larger than zoning permits. Therefore, the applicant will have to apply for a zoning variance for the slightly higher letters. Ms. Battalia has discussed this with Mr. Jakubowski, and said it is possible, if the Board chooses, to grant the Special Permit conditioned upon the applicant applying to the Zoning Board. Ms. Battalia then asked Mr. Nestler to discuss the change in the lettering of the signage. Ms. Aisen asked what the actual size difference is. • Planning Board May 14, 1997 Page 5 Mr. Nestler passed out drawings regarding the change in the lettering, and said the lettering is 6 in. over what it was originally. Mr. Nestler said as a point of correction, the change that was addressed by the Board was the monumental sign, which the applicant was trying to replace. Previously submitted, at the request of the BAR, the applicant was asked to modify the stone base and change the lettering to match the present canopy, which has been done. The lettering type stone work has changed as shown in exhibit 1, which is consistent with the BAR recommendation. The pole sign is being changed. Ms. Reader asked about the size of the lettering, and the signs. Mr. Nestler said the size is indicated on the drawing, and a discussion ensued regarding the monumental sign, the awning and spelling on the sign. Mr. Nestler said the monumental sign is allowable. Ms. Reader said a recommendation was made by Mr. Jakubowski of the building department to use the prior certification as a model; i.e. condition#2; indicate planting and landscaping will be consistent with BAR approval on April 17, 1997; consistent with the fact that there is no longer a pole, delete that portion on condition#8. Ms. Reader asked if there were any other questions from the Board. Mr. Papazian asked if the pole had come down yet. Mr. Nestler said it has not yet come down, but will come down as part of this renovation. Ms. Gallent said that the Board can make it a condition of approval that there be no signage on the rear canopy, as stated in Mr. Jakubowski's memo. A discussion ensued. Ms. Reader asked if there were any other questions from the Board or public. There being none, on a motion made by Ms. Aisen, seconded by Mr. Papazian, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Reader stated this is a Type II Action. On a motion made by Mr. Papazian, seconded by Mr. Moser, the following certification was unanimously adopted: WHEREAS, Robert Guerrerio, Jr. submitted an application for the change of ownership of a Special Permit for High Tech Car Wash on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 326.1; and WHEREAS, the Planning Board has previously determined that the proposed action is a Type II action and that, therefore, no further action is required under SEQRA; and WHEREAS, a Public Hearing having been held on May 14, 1997 pursuant to notice; and WHEREAS, the Planning Board having considered the application for a Special Permit, the plans and zoning report and environmental assessment submitted by the applicant, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public. NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: Planning Board May 14, 1997 Page 6 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 Permit will be no more objectionable to nearby properties by reason of noise,fumes,vibrations,flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Permit. 3. The proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. 4. The property subject to this Special Permit has no existing violations of the Town of Mamaroneck Zoning Ordinance. 5. The applicant has demonstrated that there has been no change in circumstances in the area which would require the Planning Board to deny this extension. BE IT FURTHER RESOLVED, that this Board approves the application of High Tech Car Wash for a Special Permit for a car wash subject to the following terms and conditions: 1. The applicant shall obtain a variance from the Zoning Board of Appeals with respect to the size of the lettering on the front canopy. 2. There shall be no signage placed on the existing rear canopy. 3. No gasoline shall be sold at the site. 4. The triangular planting in the rear of the premises (adjoining the residential site to the West)shall be consistent with the planting and landscaping as shown and approved by the Board of Architectural Review on April 17, 1997. 5. Maximum hours of operation shall be from 7:00 a.m. to 8:00 p.m. Monday through Saturday and 8:00 a.m. to 6:00 p.m. on Sunday. 6. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 7. All lights, except for security lighting, shall be turned off at the close of business. 8. All lights for the driveway shall be directed toward the building. The final plans submitted prior to issuance of any Building Permit shall show traffic lanes on the property for ingress and egress. 9. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 10. This Special Permit approval is subject to additional conditions imposed by the Zoning Board of Appeals including limitation of canopy height to twenty feet (20'), on the "menu" sign at the rear of the property and a requirement that the exposed source of ® illumination for the front canopy shall be directed to the ground only and be recessed behind the side and front of the canopy. 11. Permit shall expire after two (2) years. Planning Board May 14, 1997 Page 7 12. This Special 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. On a motion made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Chairwoman Reader said the next applicant had requested an adjournment, due to personal circumstances: CONSIDERATION -FALLON SUBDIVISION -Brian J. Fallon/Vicky Eng -97 Madison Avenue - Block 130 Lot 181 Chairwoman Reader read the next application as follows: CONSIDERATION -SPECIAL USE PERMIT -TEDESCO AUTO BODY, INC. -2430 Boston Post Road - Block 503 Lot 421 Donald Mazin, Esq., 1415 Boston Post Road, Larchmont, appeared. Mr. Mazin said the premises being discussed, the lower floor at the total rear of the premises at 2430 Boston Post Road next to High Tech Car Wash, cannot be seen from the Boston Post Road. The applicant is taking over the auto body business operated by Auto Craftsman. The building has been used for auto related businesses dating back at least 30 years. There will be no changes in equipment and no construction. The premises has been cleaned up, and the applicant is before the Board to apply for a Special Permit to operate the business. Ms. Reader asked if Mr. Mazin had seen a copy of the memo from Mr. Jakubowski dated May 7, 1997 which indicated there are several outstanding violations that need to be corrected. Mr. Mazin had not received a copy of the memo, which Ms. Reader provided for his perusal. Mr. Mazin said he has been associated with the building representing the last number of applicants that have occupied the upper space and lower space. Mr. Mazin said the boat referred to in the memo was the landlord's boat which was removed some time ago. With respect to the signs,no application has been made as yet because the tenant on the upper premises is vacating the premises, the applicant will be taking over, and the landlord had not yet decided what sign space will be allowed. The dumpster has been taken care of. Mr. Tedesco said the dumpster was in the area during cleanup for debris removal and has since been removed. Mr. Papazian asked if the pole sign was gone. Mr. Tedesco said the only sign he had was a small sign leaning up against the fence which has been put inside. Ms. Reader asked if there is an existing pole sign. Mr. Tedesco said there is an existing pole sign, but it is from the previous owner. Ms. Reader said the pole sign will have to be removed. Mr. Mazin said the sign will be put on the building. Mr. Tedesco said when the tenant moves upstairs, the signage will be shared. Ms. Reader asked if the pole sign can be removed within the next month's time. Planning Board May 14, 1997 Page 8 Mr. Tedesco said it will be removed. Ms. Aisen asked about the illegal wash tub. Mr. Tedesco said the illegal wash tub was there when he moved in, there was a sink and the plumbing was not vented correctly. It is being handled by the landlord, and the sink is not currently in use. Mr. Papazian said the applicant is the tenant, it sounds like it is the landlord's sign even though the tenant might have been the previous tenant, but it is Mr. Tedesco's problem. Mr. Mazin said when Mr. Tedesco moved in the upstairs the tenant had all the signs on the building. The tenant is moving out, and now the landlord can give Mr. Tedesco space to put up a sign. Ms. Reader said the Board wants to make sure each violation is taken care of prior to the Board voting to grant a Special Use Permit. Ms. Reader suggested Mr. Mazin contact Mr. Jakubowski for an inspection, and notify the Planning Board of the results. On a motion made by Ms. Aisen, seconded by Ms. Harrington, it was unanimously 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 a motion made by Ms. Aisen, seconded by Ms. Harrington, it was unanimously RESOLVED, that the Special Use hearing be, and hereby is, adjourned to the June 11, 1997 meeting. Ms. Reader said the matter will be referred to the BAR and the County Planning Board. Chairwoman Reader read the next application as follows: CONSIDERATION - FRESHWATER WETLANDS AND WATER COURSES PERMIT -Bohrer- 237 Griffen Avenue - Block 344 Lot 112 Nat Bohrer, the applicant, and Fred Grippi, the architect, appeared. Mr. Grippi said the applicant is proposing a small addition on the back of the house, which falls into the 100 ft. setback. It will not have an impact on the property. Mr. Grippi proceeded to point out on the plans before the Board the part that impacts the setback, and asked if there were any questions. Ms. Aisen asked Mr. Grippi to orally explain the impact. Mr. Grippi said the part that impacts the 100 ft. setback is the piece on the corner of the addition on the back of the house, approximately 2 ft. There is also a second story addition. Ms. Aisen asked if there would be a basement under the addition. Mr. Grippi said there will be no basement. Ms. Aisen asked if Mr. Trachtman has reviewed the plans. Mr. Trachtman said he reviewed the plans and the applicant will need to incorporate an area map on the drawing showing the location of the property and surrounding properties. The applicant shall also indicate the location of the 100 ft. line. Planning Board May 14, 1997 Page 9 Ms. Reader asked if there were any other questions from the Board. Ms. Aisen asked why the Post Office address is Scarsdale. Mr. Bohrer said the property borders Scarsdale in parts, and there is a portion in the Mamaroneck strip. On a motion made by Mr. Moser, seconded by Ms. Aisen, it was unanimously RESOLVED, that this is an Unlisted Action under SEQRA. Ms. Reader asked that this matter be referred to the CZMC. On a motion made by Mr. Papazian, seconded by Mr. Moser, it was unanimously RESOLVED, that the Freshwater Wetlands and Water Courses Permit be, and hereby is, adjourned to the June 11, 1997 meeting. Chairwoman Reader read the next application as follows: CONSIDERATION - SITE PLAN APPROVAL/WAIVER - BONNIE BRIAR COUNTRY CLUB - 808 Weaver Street - Block 225 Lot 1 Paul Kalos, Esq., of Mamaroneck, and Allen Rein, Esq., of Scarsdale, both members of the Bonnie Briar Country Club appeared on behalf of the club. Mr. Kalos said an upcoming PGA event will be held at Winged Foot. Bonnie Briar has an overflow concept, all of which can be done without a permit,other than the metal plate strips in the back of one member's driveway. Mr. Kalos said they are present with a site plan, but are applying for a waiver, without which they can't hold the event. Ms. Gallent said the application can undergo site plan review. Mr. Kalos said Bonnie Briar can go for site plan review, but then the event would be over. Mr. Kalos said if site plan review was necessary, the applicant just would not put the plates down but have the cars go over the grass. Mr. Kalos said it was picked up by the statute, possibly due to the metal plates on the member's driveway. Everything else; i.e the tents,would need site plan review which is why the applicant is requesting a waiver. Mr. Kalos said he will answer any questions the Board may have. Ms. Reader asked if Mr. Kalos had seen a copy of the Malcolm Pirnie letter dated May 12, 1997. Mr. Kalos and Mr. Rein had not seen the letter, which Ms. Reader read into the record. Mr. Trachtman said he will read parts of the letter, stating the purpose of the letter is to deal with the regrading project which is related to this project in a sense that it can be construed as site preparation for what is currently proposed. The intent of the work that is being done in the regrading project is to improve the conditions on the driving range. That waiver is for a separate activity. Ms. Gallent asked Mr. Kalos if the cars will be parking on the area that is being regraded. Mr. Kalos said that is correct, and said there is nothing permanent about the arrangement. A discussion ensued regarding the plates being removed after the event, the location of the driveway involved, the surrounding areas and the use of the metal plates. Ms. Aisen asked who lives in the structure located nearby. Planning Board May 14, 1997 Page 10 Mr. Rein said he believes that is called a chicken coup, is a piece of unoccupied property and believes there is an application for a subdivision. Ms. Aisen stated the importance of notifying everyone that would be affected by this driveway, and asked if a public hearing will be needed. Ms. Gallent read Section 177-17, of the Site Plan Law, which provides for a waiver of site plan review in certain circumstances and refers to this type of action. A discussion ensued regarding the status of the property and the notice to the neighbors. Mr. Rein said the neighbors have been advised informally, and they will be formally advised. Ms. Harrington asked what the neighbors' feelings are. Mr. Rein said the only person that expressed any view on the project, is the member who volunteered the use of his property. Mr. Leger said a meeting was held on April 29, 1997 with Steve Altieri, and concerns were raised about traffic. The overriding concern is how does the Town make sure it addresses the concerns of the public, adjacent to the property, to avoid future problems. Mr. Rein said the concerns of the public are being addressed. Mr. Kolas said Scarsdale will have police in force. Ms. Harrington said if Scarsdale is putting police in force, then there is no Town burden as far as police. Ms. Aisen again reiterated that she would like to have a public hearing on the matter. Ms. Reader asked if there was any way of confirming this evening whether the piece of property to the east of the temporary access road is vacant, and asked if this was discussed at the hearing held on this matter. Mr. Leger suggested the applicant get some form of documentation stating there has been full disclosure to the neighbors, rather than having a public hearing. Ms. Aisen said it must be in the Planning Board records. Ms. Reader said the matter will have to be adjourned, but rather than adjourn for consideration, adjourn for a public hearing. Mr. Kalos said it probably means the applicant would not apply for the plates, but will run the traffic the other way due to time constraints. Ms. Gallent said the next meeting is June 11, 1997, and the event is not until August 11-17, 1997. Mr. Kalos said the question is the public hearing or the waiver on the site plan. Ms. Gallent said there is no public hearing on the issue of waiver, it is either waived tonight or a public hearing is scheduled for the next meeting. Ms. Reader said she would anticipate that if the property to the east is a vacant piece of property, no one will come before the Board and the matter will go right through. If it is not a piece of vacant property, it would be beneficial for Mr. Kalos to discuss same with them rather than have any protests. Planning Board May 14, 1997 Page 11 Mr. Trachtman said to clarify the alternatives,how will the cars enter the site, if this waiver is not granted. Mr. Kalos said the cars would enter through the regular driveway on Weaver Street. Mr. Rein said either the above or through a right-of-way,which is adjacent to a house on Weaver Street. Mr. Trachtman said the point he wants to make is that Winged Foot is going through great lengths to have satellite parking facilities available as far away as White Plains and Yonkers Raceway, and the perception is that the bulk of the traffic that will be coming into the area is by bus. Old White Plains Road will have a lot of bus traffic on it at certain times of the day. This activity proposes that quite suddenly we have perhaps 430 cars a day for a short period of time coming into an area where no one is expecting this to happen. Mr. Trachtman said he knows Bonnie Briar has gone to Scarsdale and traffic will be discussed. Mr. Rein said the cars are coming anyway. Ms. Harrington asked what is being done to require Bonnie Briar being used. Mr. Rein said a hospitality group sells a package program to corporations, they pay a fee and buy access. Meals will be provided in tents, cars will be parked their cars and individuals transported by shuttle to Winged Foot for the PGA Tournament. Ms. Aisen said the point is that there is a lot of traffic, there will be an impact on the neighbors and the matter should be postponed for one month because there is no change in the land just the installation of metal plates. Ms. Reader said that since Winged Foot is providing satellite parking from which buses are going, rather than attracting additional cars to Bonnie Briar through Weaver Street, why not coordinate with the Winged Foot parking facilities and have a bus bring the hospitality group into Bonnie Briar with the same buses taking those individuals to Winged Foot to see the event. Mr. Kalos said it is not just buses, but cars that have to be put in that location. A discussion ensued. Ms. Reader said to minimize traffic in the community, Winged Foot is providing a great deal of parking in areas outside of Scarsdale and Mamaroneck. It seems that Bonnie Briar can coordinate with Winged Foot for the hospitality group to use the buses. Mr. Rein said that was addressed with the hospitality group and they stated if it cannot be done at Bonnie Briar they will find another location. Mr. Rein said it is a package that was offered to Bonnie Briar, and part of the package was to provide parking facilities. A lengthy discussion ensued regarding the proposed matter, the type of application applied for, discussions that had been held among the building inspector and engineer regarding the regrading to the west side and east side, and Malcolm Pirnie's letter regarding the waiver in reference to the regrading. Ms. Gallent said Malcolm Pirnie's letter of May 12, 1997 indicates that an exception to site plan is warranted for the regrading. What the applicant is asking for is a waiver from site plan review for the placement of metal plates on the ground to create an entryway for cars. Ms. Reader said to recap what has been discussed, Bonnie Briar intends to hold the hospitality event but will move traffic differently. Mr. Kalos said there is a time line involved. A discussion ensued regarding the installation of plates, access to the Bonnie Briar, the impact of the traffic and noticing the neighbors. Ms. Reader said the event becomes a magnet for vehicles, and would rather have the vehicles park in the adequate parking facilities being made elsewhere. • Planning Board May 14, 1997 Page 12 Mr. Rein said in discussion with the hospitality group off-site parking was unacceptable, hence the request for the metal plates. Ms. Aisen said it should not have been assumed that the Planning Board would grant a waiver,and a public hearing should be held. Mr. Leger said a public hearing with full disclosure will be beneficial for all involved. On a motion made by Ms. Aisen, seconded by Ms. Harrington, CONSIDERATION - SITE PLAN APPROVAL/WAIVER - BONNIE BRIAR COUNTRY CLUB - 808 Weaver Street - Block 225 Lot 1, plans dated May 5, 1997, was unanimously DENIED. Ms. Reader declared this is a Type II Action under SEQRA. On a motion made by Aisen, seconded by Ms. Reader, it was unanimously RESOLVED, that the Public Hearing be,and hereby is,scheduled for the June 11, 1997 meeting. Ms. Harrington said she is concerned about this matter being an environmental issue. Mr. Leger said it is correct to be concerned, but the area involved is not close to water. Mr. Papazian said it is not under the Board's jurisdiction. Ms. Reader said it would be beneficial to get an affirmative statement as to whether or not the piece of property east of the club is not inhabited. Mr. Trachtman said his concern was whether or not the people in Scarsdale had been noticed. Mr. Rein said in Scarsdale it is a different proceeding, will is scheduled for May 20, 1997. Ms. Gallent asked the secretary to refer the matter to the County Planning Board. Ms. Reader said the same procedure was followed with the Winged Foot application and there were no problems. Chairwoman Reader read the next application as follows: SET SPECIAL MEETING -REVIEW OF RETAIL FOOD ZONING Ms. Reader said there is a proposed zoning amendment for the regulation of food related retail establishments, a Fast-Food Zoning Ordinance, that has been referred to the Board. Because of it is an extensive ordinance and somewhat complicated, Mr. Altieri requested the Board consider scheduling a special meeting convenient for the Board members to discuss same. A discussion ensued and the special meeting was scheduled to be held on June 2, 1997 at 7:00 p.m. in the Senior Center. Ms. Reader said it would be beneficial to have Ms. Gallent present, because of her advisory position to the Board. Ms. Gallent said the notice of the special meeting should be published. Mr. Leger said he will review the ordinance and will advise. Planning Board May 14, 1997 Page 13 Mr. Trachtman said on a number of previous occasions discussions were held regarding the appropriateness of parking and traffic requirements, and feels the consulting engineer should attend. OTHER BUSINESS Ms. Reader noted that this is Gary Trachtman's last meeting as the official consulting engineer, having been with the Town of Mamaroneck since November, 1984. He has given wonderful assistance to the Board and his contributions to prior boards has always been very clear. He has helped the board understand some very complex and convoluted plans. The Board will miss him and wished him good luck. Mr. Trachtman said he will also miss the Board and acknowledged the assistance over the years of Bonnie Burdick,Marguerite Roma,Arline Stefanisko and all the staff of the Building and Engineering Department, the environmental coordinators Claudia Eng, Eve Bocca and Shimon Gitlitz of the Highway Department and all the others who have assisted over the years. It has been a pleasure to serve with all of the members that have served on the Board, because they all share a common objective which is to make things better for the Town of Mamaroneck. Others, because of business commitments, could not serve as long as they would have liked, but everyone had the goal of trying to make the Town a better place. It was a pleasure being a part of that process. Mr. Trachtman said he will miss the beauty of the Town, especially this time of the year with everything in bloom. Mr. Trachtman said he is confident that the Board will be satisfied with Phil Leger, who is coming on board as Gary's replacement, and Sean Noonan, his assistant. Mr. Trachtman said Malcolm Pirnie will continue to provide the level of service the Town deserves. The Board wished Mr. Trachtman good luck. Ms. Reader welcomed Phil Leger as consulting engineer, and said she looks forward to many years of working together. Mr. Leger said he and Sean Noonan of Malcolm Pirnie will always be available to the Board, and gave the Board his business card. NEXT MEETING The next meeting of this Board will be held on June 11, 1997. ADJOURNMENT On a motion made and seconded by, the meeting was unanimously adjourned at 9:45 p.m. 7)10, Marguerite R a, Recording Secretary MINUTES OF tab. REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 14, 1997, IN nit SENIOR CENTER,TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman May W. Aisen Linda S. Harrington Stephen Andrew Moser Edmund Papazian Absent: Richard H. Darsky C. Alan Mason Also Present: Judith M. Gallent, Counsel Gary B. Trachtman, Consulting Engineer Philip A. Leger, Consulting Engineer Julie Cleary, 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 stated some members of the Board are absent this evening that were present at the last meeting, the Minutes of the previous meeting will be adjourned to be reviewed at the next meeting. 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. Chairwoman Reader read the application as follows: PUBLIC HEARING-FRESHWATER WETLANDS AND WATER COURSES PERMIT-Mintzer- 74 East Brookside Drive - Block 212 Lot 129 Richard Mintzer of 74 East Brookside Drive, Larchmont, appeared and stated the house was purchased in 1994 at an estate sale, was constructed in 1925 and has a small kitchen that is not functional. Mr. Mintzer has two children, the house does not have a rational layout, hence the proposed expansion. Mr. Mintzer said he has completed the process of applying for a variance for a smaller front yard, which was granted by the Zoning Board on April 30, 1997. He stated he is familiar with the review regarding storm water, and the addition will have minimal impact. The footprint is 1,340 ft. and will be increased to 1,730 ft. Mr. Mintzer said the revised plan shows the 100 ft. line from the brook, and said construction is behind r - Planning Board May 14, 1997 Page 2 the front line. Mr. Mintzer said he is prepared to do whatever is necessary to protect the environment, and will answer any questions the Board may have. Ms. Reader said that the porch is further away from Little Farms Road and asked what is being constructed in that area. Mr. Mintzer explained that there were three 100 year old pine trees to be preserved and the architect took that into consideration in the proposed plans. Ms. Reader asked if there were any other questions from Board members. Mr. Papazian asked if the proposed addition will have a basement. Mr. Mintzer said the new space will not have a basement,just access for heating. Ms. Reader asked Mr. Mintzer if he had a chance to review the letter dated May 12, 1997 from the CZMC which did not state any opposition. Mr. Mintzer said he had reviewed it. Ms.Reader then read the letter dated May 12, 1997 from Malcolm Pimie, which states the activity satisfies the compatibility test and recommended a bond for the FWWP be posted in the amount of$1,500.00. Ms.Harrington asked Mr.Mintzer his feelings about the recommendation from the CZMC regarding native shrubs being planted. Mr. Mintzer said he has not focused on the landscaping and did not have a copy of the book, Land Use Working Guide, regarding native shrubs, but will landscape with native shrubs. He then passed out a survey showing that arborvitae had already been planted, said he will continue the row of arborvitae when the construction is completed and will rebuild the vineyard. Mr. Papazian asked Mr. Trachtman to summarize the letter from Malcolm Pimie, which was done. Ms. Reader asked if there were any other questions from the Board or the public. There being none, on a motion was made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Reader said the matter is an Unlisted Action, and said counsel has provided a draft Negative Declaration dated May 13, 1997. On a motion made by Mr. Papazian, seconded by Mr. Moser, the following Negative Declaration was unanimously adopted: Richard and Cheryl Mintzer 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 an addition to their home located at 74 East Brookside Drive (the "Proposed Action"). A portion of the Proposed Action lies within 100 feet of the Sheldrake River, a mapped freshwater wetland and Critical Environmental Area. 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 r_bmitted a Long Form EAF, which has been reviewed by the Planning Board and Gary Trachtman, P.E.,of Malcolm Pimie,Inc., the Town's consulting engineer. The Planning Board May 14, 1997 Page 3 Long Form EAF reveals that the Proposed Action will not result in any significant adverse environmental impacts. Moreover, the Town's Surface Water Erosion and Sediment Control Law requires the applicants to undertake erosion and sediment control measures to minimize erosion and siltation of the Sheldrake River during construction. Upon review of the EAF and other application materials, Mr. Trachtman has determined that the Proposed Action is compatible with public health and welfare. See letter, dated May 12, 1997, from Gary Trachtman to Planning Board. In addition, as set forth in the letter from the Coastal Zone Management Commission, dated May 12, 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 Ms. Aisen, seconded by Mr. Moser, the following resolution was unanimously adopted: WHEREAS, Richard and Cheryl Mintzer have applied for a permit pursuant to Mamaroneck Town Code Chapter 114 for the premises located at Lot No. 74 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 129; and WHEREAS, this Planning Board has determined that the proposed action is an Unlisted action pursuant to SEQRA and MEQRA; and WHEREAS, the Planning Board has adopted a Negative Declaration dated May 13, 1997; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing, dated May 12, 1997 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; and WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on May 14, 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 are. 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. Planning Board May 14, 1997 Page 4 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area. BE IT FUR1'HER RESOLVED, that the application of Richard and Cheryl Mintzer 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. 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$1,500.00 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. 5. 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 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. Chairwoman Reader read the next application as follows: PUBLIC HEARING - SPECIAL USE PERMIT - HIGH TECH CAR WASH - Guerrerio - 2434 Boston Post Road - Block 503 Lot 326.1 Dolores Battalia, Esq.,of Stein & Battalia, 2001 Palmer Avenue, Larchmont, appeared along with the architect, Walter Nestler. Ms. Battalia said she is before the Board seeking a Special Permit due to a recent change in ownership which requires that the Special Permit be issued to the new owner and operator of the car wash. Ms. Battalia said at the last Planning Board meeting the applicant was referred to the Architectural Board of Review (BAR), and submission was also made to the County Planning Board. Ms. Gallent said there has been no response from the County Planning Board. Ms. Battalia said that Mr. Nestler appeared before the BAR, and the BAR requested certain changes to the style of lettering on the canopy sign which he will explain to the Board. In addition it has been determined that the canopy was replaced by the prior owner after storm damage in February, and the new lettering is slightly larger than zoning permits. Therefore, the applicant will have to apply for a zoning variance for the slightly higher letters. Ms. Battalia has discussed this with Mr. Jakubowski, and said it is possible, if the Board chooses, to grant the Special Permit conditioned upon the applicant applying to the Zoning Board. Ms. Battalia then asked Mr. Nestler to discuss the change in the lettering of the signage. Ms. Aisen asked what the actual size difference is. - Planning Board May 14, 1997 Page 5 Mr. Nestler passed out drawings regarding the change in the lettering, and said the lettering is 6 in. over what it was originally. Mr. Nestler said as a point of correction, the change that was addressed by the Board was the monumental sign, which the applicant was trying to replace. Previously submitted, at the request of the BAR, the applicant was asked to modify the stone base and change the lettering to match the present canopy, which has been done. The lettering type stone work has changed as shown in exhibit 1, which is consistent with the BAR recommendation. The pole sign is being changed. Ms. Reader asked about the size of the lettering, and the signs. Mr. Nestler said the size is indicated on the drawing, and a discussion ensued regarding the monumental sign, the awning and spelling on the sign. Mr. Nestler said the monumental sign is allowable. Ms. Reader said a recommendation was made by Mr. Jakubowski of the building department to use the prior certification as a model; i.e. condition#2; indicate planting and landscaping will be consistent with BAR approval on April 17, 1997; consistent with the fact that there is no longer a pole, delete that portion on condition#8. Ms. Reader asked if there were any other questions from the Board. Mr. Papazian asked if the pole had come down yet. Mr. Nestler said it has not yet come down, but will come down as part of this renovation. Ms. Gallent said that the Board can make it a condition of approval that there be do signage on the rear canopy, as stated in Mr. Jakubowski's memo. A discussion ensued. Ms. Reader asked if there were any other questions from the Board or public. There being none, on a motion made by Ms. Aisen, seconded by Mr. Papazian, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Reader stated this is a Type II Action. On a motion made by Mr. Papazian, seconded by Mr. Moser, the following certification was unanimously adopted: WHEREAS, Robert Guerrerio, Jr. submitted an application for the change of ownership of a Special Permit for High Tech Car Wash on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 326.1; and WHEREAS, the Planning Board has previously determined that the proposed action is a Type II action and that, therefore, no further action is required under SEQRA; and WHEREAS, a Public Hearing having been held on May 14, 1997 pursuant to notice; and WHEREAS, the Planning Board having considered the application for a Special Permit, the plans and zoning report and environmental assessment submitted by the applicant, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public. NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: • Planning Board May 14, 1997 Page 6 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 Permit will be no more objectionable to nearby properties by reason of noise, fumes, vibrations,flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Permit. 3. The proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. 4. The property subject to this Special Permit has no existing violations of the Town of Mamaroneck Zoning Ordinance. 5. The applicant has demonstrated that there has been no change in circumstances in the area which would require the Planning Board to deny this extension. BE IT FURTHER RESOLVED, that this Board approves the application of High Tech Car Wash for a Special Permit for a car wash subject to the following terms and conditions: 1. The applicant shall obtain a variance from the Zoning Board of Appeals with respect to the size of the lettering on the front canopy. 2. There shall be no signage placed on the existing rear canopy. 3. No gasoline shall be sold at the site. 4. The triangular planting in the rear of the premises (adjoining the residential site to the West)shall be consistent with the planting and landscaping as shown and approved by the Board of Architectural Review on April 17, 1997. 5. Maximum hours of operation shall be from 7:00 a.m. to 8:00 p.m. Monday through Saturday and 8:00 a.m. to 6:00 p.m. on Sunday. 6. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 7. All lights, except for security lighting, shall be turned off at the close of business. 8. All lights for the driveway shall be directed toward the building. The final plans submitted prior to issuance of any Building Permit shall show traffic lanes on the property for ingress and egress. 9. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 10. This Special Permit approval is subject to additional conditions imposed by the Zoning Board of Appeals including limitation of canopy height to twenty feet (20'), on the "menu" sign at the rear of the property and a requirement that the exposed source of illumination for the front canopy shall be directed to the ground only and be recessed behind the side and front of the canopy. 11. Permit shall expire after two (2) years. Planning Board May 14, 1997 Page 7 12. This Special 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. On a motion made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Chairwoman Reader said the next applicant had requested an adjournment, due to personal circumstances: CONSIDERATION - FALLON SUBDIVISION -Brian J. Fallon/Vicky Eng -97 Madison Avenue - Block 130 Lot 181 Chairwoman Reader read the next application as follows: CONSIDERATION -SPECIAL USE PERMIT -TEDESCO AUTO BODY, INC. -2430 Boston Post Road -Block 503 Lot 421 Donald Mazin, Esq., 1415 Boston Post Road, Larchmont, appeared. Mr. Mazin said the premises being discussed, the lower floor at the total rear of the premises at 2430 Boston Post Road next to High Tech Car Wash, cannot be seen from the Boston Post Road. The applicant is taking over the auto body business operated by Auto Craftsman. The building has been used for auto related businesses dating back at least 30 years. There will be no changes in equipment and no construction. The premises has been cleaned up, and the applicant is before the Board to apply for a Special Permit to operate the business. Ms. Reader asked if Mr. Mazin had seen a copy of the memo from Mr. Jakubowski dated May 7, 1997 which indicated there are several outstanding violations that need to be corrected. Mr. Mazin had not received a copy of the memo, which Ms. Reader provided for his perusal. Mr. Mazin said he has been associated with the building representing the last number of applicants that have occupied the upper space and lower space. Mr. Mazin said the boat referred to in the memo was the landlord's boat which was removed some time ago. With respect to the signs,no application has been made as yet because the tenant on the upper premises is vacating the premises, the applicant will be taking over, and the landlord had not yet decided what sign space will be allowed. The dumpster has been taken care of. Mr. Tedesco said the dumpster was in the area during cleanup for debris removal and has since been removed. Mr. Papazian asked if the pole sign was gone. Mr. Tedesco said the only sign he had was a small sign leaning up against the fence which has been put inside. Ms. Reader asked if there is an existing pole sign. Mr. Tedesco said there is an existing pole sign, but it is from the previous owner. Ms. Reader said the pole sign will have to be removed. Mr. Mazin said the sign will be put on the building. Mr. Tedesco said when the tenant moves upstairs, the signage will be shared. Ms. Reader asked if the pole sign can be removed within the next month's time. Planning Board May 14, 1997 Page 8 Mr. Tedesco said it will be removed. Ms. Aisen asked about the illegal wash tub. Mr. Tedesco said the illegal wash tub was there when he moved in, there was a sink and the plumbing was not vented correctly. It is being handled by the landlord, and the sink is not currently in use. Mr. Papazian said the applicant is the tenant, it sounds like it is the landlord's sign even though the tenant might have been the previous tenant, but it is Mr. Tedesco's problem. Mr. Mazin said when Mr. Tedesco moved in the upstairs the tenant had all the signs on the building. The tenant is moving out, and now the landlord can give Mr. Tedesco space to put up a sign. Ms. Reader said the Board wants to make sure each violation is taken care of prior to the Board voting to grant a Special Use Permit. Ms. Reader suggested Mr. Mazin contact Mr. Jakubowski for an inspection, and notify the Planning Board of the results. On a motion made by Ms. Aisen, seconded by Ms. Harrington, it was unanimously 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 a motion made by Ms. Aisen, seconded by Ms. Harrington, it was unanimously RESOLVED, that the Special Use hearing be, and hereby is, adjourned to the June 11, 1997 meeting. Ms. Reader said the matter will be referred to the BAR and the County Planning Board. Chairwoman Reader read the next application as follows: CONSIDERATION - FRESHWATER WETLANDS AND WATER COURSES PERMIT -Bohrer- 237 Griffen Avenue - Block 344 Lot 112 Nat Bohrer, the applicant, and Fred Grippi, the architect, appeared. Mr. Grippi said the applicant is proposing a small addition on the back of the house, which falls into the 100 ft. setback. It will not have an impact on the property. Mr. Grippi proceeded to point out on the plans before the Board the part that impacts the setback, and asked if there were any questions. Ms. Aisen asked Mr. Grippi to orally explain the impact. Mr. Grippi said the part that impacts the 100 ft. setback is the piece on the corner of the addition on the back of the house, approximately 2 ft. There is also a second story addition. Ms. Aisen asked if there would be a basement under the addition. Mr. Grippi said there will be no basement. Ms. Aisen asked if Mr. Trachtman has reviewed the plans. Mr. Trachtman said he reviewed the plans and the applicant will need to incorporate an area map on the drawing showing the location of the property and surrounding properties. The applicant shall also indicate the location of the 100 ft. line. Planning Board May 14, 1997 Page 9 Ms. Reader asked if there were any other questions from the Board. Ms. Aisen asked why the Post Office address is Scarsdale. Mr. Bohrer said the property borders Scarsdale in parts, and there is a portion in the Mamaroneck strip. On a motion made by Mr. Moser, seconded by Ms. Aisen, it was unanimously RESOLVED, that this is an Unlisted Action under SEQRA. Ms. Reader asked that this matter be referred to the CZMC. On a motion made by Mr. Papazian, seconded by Mr. Moser, it was unanimously RESOLVED, that the Freshwater Wetlands and Water Courses Permit be, and hereby is, adjourned to the June 11, 1997 meeting. Chairwoman Reader read the next application as follows: CONSIDERATION - SITE PLAN APPROVAL/WAIVER - BONNIE BRIAR COUNTRY CLUB - 808 Weaver Street - Block 225 Lot 1 Paul Kalos, Esq., of Mamaroneck, and Allen Rein, Esq., of Scarsdale, both members of the Bonnie Briar Country Club appeared on behalf of the club. Mr. Kalos said an upcoming PGA event will be held at Winged Foot. Bonnie Briar has an overflow concept, all of which can be done without a permit,other than the metal plate strips in the back of one member's driveway. Mr. Kalos said they are present with a site plan, but are applying for a waiver, without which they can't hold the event. Ms. Gallent said the application can undergo site plan review. Mr. Kalos said Bonnie Briar can go for site plan review, but then the event would be over. Mr. Kalos said if site plan review was necessary, the applicant just would not put the plates down but have the cars go over the grass. Mr. Kalos said it was picked up by the statute, possibly due to the metal plates on the member's driveway. Everything else; i.e the tents, would need site plan review which is why the applicant is requesting a waiver. Mr. Kalos said he will answer any questions the Board may have. Ms. Reader asked if Mr. Kalos had seen a copy of the Malcolm Pirnie letter dated May 12, 1997. Mr. Kalos and Mr. Rein had not seen the letter, which Ms. Reader read into the record. Mr. Trachtman said he will read parts of the letter, stating the purpose of the letter is to deal with the regrading project which is related to this project in a sense that it can be construed as site preparation for what is currently proposed. The intent of the work that is being done in the regrading project is to improve the conditions on the driving range. That waiver is for a separate activity. Ms. Gallent asked Mr. Kalos if the cars will be parking on the area that is being regraded. Mr. Kalos said that is correct, and said there is nothing permanent about the arrangement. A discussion ensued regarding the plates being removed after the event, the location of the driveway involved, the surrounding areas and the use of the metal plates. Ms. Aisen asked who lives in the structure located nearby. Planning Board May 14, 1997 Page 10 Mr. Rein said he believes that is called a chicken coup, is a piece of unoccupied property and believes there is an application for a subdivision. Ms. Aisen stated the importance of notifying everyone that would be affected by this driveway, and asked if a public hearing will be needed. Ms. Gallent read Section 177-17, of the Site Plan Law, which provides for a waiver of site plan review in certain circumstances and refers to this type of action. A discussion ensued regarding the status of the property and the notice to the neighbors. Mr. Rein said the neighbors have been advised informally, and they will be formally advised. Ms. Harrington asked what the neighbors' feelings are. Mr. Rein said the only person that expressed any view on the project, is the member who volunteered the use of his property. Mr. Leger said a meeting was held on April 29, 1997 with Steve Altieri, and concerns were raised about traffic. The overriding concern is how does the Town make sure it addresses the concerns of the public, adjacent to the property, to avoid future problems. Mr. Rein said the concerns of the public are being addressed. Mr. Kolas said Scarsdale will have police in force. Ms. Harrington said if Scarsdale is putting police in force, then there is no Town burden as far as police. Ms. Aisen again reiterated that she would like to have a public hearing on the matter. Ms. Reader asked if there was any way of confirming this evening whether the piece of property to the east of the temporary access road is vacant, and asked if this was discussed at the hearing held on this matter. Mr. Leger suggested the applicant get some form of documentation stating there has been full disclosure to the neighbors, rather than having a public hearing. Ms. Aisen said it must be in the Planning Board records. Ms. Reader said the matter will have to be adjourned, but rather than adjourn for consideration, adjourn for a public hearing. Mr. Kalos said it probably means the applicant would not apply for the plates, but will run the traffic the other way due to time constraints. Ms. Gallent said the next meeting is June 11, 1997, and the event is not until August 11-17, 1997. Mr. Kalos said the question is the public hearing or the waiver on the site plan. Ms. Gallent said there is no public hearing on the issue of waiver, it is either waived tonight or a public hearing is scheduled for the next meeting. Ms. Reader said she would anticipate that if the property to the east is a vacant piece of property, no one will come before the Board and the matter will go right through. If it is not a piece of vacant property, it would be beneficial for Mr. Kalos to discuss same with them rather than have any protests. Planning Board May 14, 1997 Page 11 Mr. Trachtman said to clarify the alternatives,how will the cars enter the site, if this waiver is not granted. Mr. Kalos said the cars would enter through the regular driveway on Weaver Street. Mr. Rein said either the above or through a right-of-way, which is adjacent to a house on Weaver Street. Mr. Trachtman said the point he wants to make is that Winged Foot is going through great lengths to have satellite parking facilities available as far away as White Plains and Yonkers Raceway, and the perception is that the bulk of the traffic that will be coming into the area is by bus. Old White Plains Road will have a lot of bus traffic on it at certain times of the day. This activity proposes that quite suddenly we have perhaps 430 cars a day for a short period of time coming into an area where no one is expecting this to happen. Mr. Trachtman said he knows Bonnie Briar has gone to Scarsdale and traffic will be discussed. Mr. Rein said the cars are coming anyway. Ms. Harrington asked what is being done to require Bonnie Briar being used. Mr. Rein said a hospitality group sells a package program to corporations, they pay a fee and buy access. Meals will be provided in tents, cars will be parked their cars and individuals transported by shuttle to Winged Foot for the PGA Tournament. Ms. Aisen said the point is that there is a lot of traffic, there will be an impact on the neighbors and the matter should be postponed for one month because there is no change in the land just the installation of metal plates. Ms. Reader said that since Winged Foot is providing satellite parking from which buses are going, rather than attracting additional cars to Bonnie Briar through Weaver Street,why not coordinate with the Winged Foot parking facilities and have a bus bring the hospitality group into Bonnie Briar with the same buses taking those individuals to Winged Foot to see the event. Mr. Kalos said it is not just buses, but cars that have to be put in that location. A discussion ensued. Ms. Reader said to minimize traffic in the community, Winged Foot is providing a great deal of parking in areas outside of Scarsdale and Mamaroneck. It seems that Bonnie Briar can coordinate with Winged Foot for the hospitality group to use the buses. Mr. Rein said that was addressed with the hospitality group and they stated if it cannot be done at Bonnie Briar they will find another location. Mr. Rein said it is a package that was offered to Bonnie Briar, and part of the package was to provide parking facilities. A lengthy discussion ensued regarding the proposed matter, the type of application applied for, discussions that had been held among the building inspector and engineer regarding the regrading to the west side and east side, and Malcolm Pimie's letter regarding the waiver in reference to the regrading. Ms. Gallent said Malcolm Pimie's letter of May 12, 1997 indicates that an exception to site plan is warranted for the regrading. What the applicant is asking for is a waiver from site plan review for the placement of metal plates on the ground to create an entryway for cars. Ms. Reader said to recap what has been discussed, Bonnie Briar intends to hold the hospitality event but will move traffic differently. Mr. Kalos said there is a time line involved. A discussion ensued regarding the installation of plates, access to the Bonnie Briar, the impact of the traffic and noticing the neighbors. Ms. Reader said the event becomes a magnet for vehicles, and would rather have the vehicles park in the adequate parking facilities being made elsewhere. Planning Board May 14,-1997 Page 12 Mr. Rein said in discussion with the hospitality group off-site parking was unacceptable, hence the request for the metal plates. Ms.Aisen said it should not have been assumed that the Planning Board would grant a waiver, and a public hearing should be held. Mr. Leger said a public hearing with full disclosure will be beneficial for all involved. On a motion made by Ms. Aisen, seconded by Ms. Harrington, CONSIDERATION - SITE PLAN APPROVAL/WAIVER - BONNIE BRIAR COUNTRY CLUB - 808 Weaver Street - Block 225 Lot 1, plans dated May 5, 1997, was unanimously DENIED. Ms. Reader declared this is a Type II Action under SEQRA. On a motion made by Aisen, seconded by Ms. Reader, it was unanimously RESOLVED, that the Public Hearing be, and hereby is,scheduled for the June 11, 1997 meeting. Ms. Harrington said she is concerned about this matter being an environmental issue. Mr. Leger said it is correct to be concerned, but the area involved is not close to water. Mr. Papazian said it is not under the Board's jurisdiction. Ms. Reader said it would be beneficial to get an affirmative statement as to whether or not the piece of property east of the club is not inhabited. Mr. Trachtman said his concern was whether or not the people in Scarsdale had been noticed. Mr. Rein said in Scarsdale it is a different proceeding, will is scheduled for May 20, 1997. Ms. Gallent asked the secretary to refer the matter to the County Planning Board. Ms. Reader said the same procedure was followed with the Winged Foot application and there were no problems. Chairwoman Reader read the next application as follows: SET SPECIAL MEETING - REVIEW OF RETAIL FOOD ZONING Ms. Reader said there is a proposed zoning amendment for the regulation of food related retail establishments, a Fast-Food Zoning Ordinance, that has been referred to the Board. Because of it is an extensive ordinance and somewhat complicated, Mr. Altieri requested the Board consider scheduling a special meeting convenient for the Board members to discuss same. A discussion ensued and the special meeting was scheduled to be held on June 2, 1997 at 7:00 p.m. in the Senior Center. Ms. Reader said it would be beneficial to have Ms. Gallent present, because of her advisory position to the Board. Ms. Gallent said the notice of the special meeting should be published. Mr. Leger said he will review the ordinance and will advise. - Planning Board May 14, 1997 Page 13 Mr.Trachtman said on a number of previous occasions discussions were held regarding the appropriateness of parking and traffic requirements, and feels the consulting engineer should attend. OTHER BUSINESS Ms. Reader noted that this is Gary Trachtman's last meeting as the official consulting engineer, having been with the Town of Mamaroneck since November, 1984. He has given wonderful assistance to the Board and his contributions to prior boards has always been very clear. He has helped the board understand some very complex and convoluted plans. The Board will miss him and wished him good luck. Mr. Trachtman said he will also miss the Board and acknowledged the assistance over the years of Bonnie Burdick,Marguerite Roma, Arline Stefanisko and all the staff of the Building and Engineering Department, the environmental coordinators Claudia Eng, Eve Bocca and Shimon Gitlitz of the Highway Department and all the others who have assisted over the years. It has been a pleasure to serve with all of the members that have served on the Board, because they all share a common objective which is to make things better for the Town of Mamaroneck. Others, because of business commitments, could not serve as long as they would have liked, but everyone had the goal of trying to make the Town a better place. It was a pleasure being a part of that process. Mr. Trachtman said he will miss the beauty of the Town, especially this time of the year with everything in bloom. Mr. Trachtman said he is confident that the Board will be satisfied with Phil Leger, who is coming on board as Gary's replacement, and Sean Noonan, his assistant. Mr. Trachtman said Malcolm Pimie will continue to provide the level of service the Town deserves. The Board wished Mr. Trachtman good luck. Ms. Reader welcomed Phil Leger as consulting engineer, and said she looks forward to many years of working together. Mr. Leger said he and Sean Noonan of Malcolm Pirnie will always be available to the Board, and gave the Board his business card. NEXT MEETING The next meeting of this Board will be held on June 11, 1997. ADJOURNMENT On a motion made and seconded by, the meeting was unanimously adjourned at 9:45 p.m. Marguerite ma, Recording Secretary MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 14, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman May W. Aisen Linda S. Harrington Stephen Andrew Moser Edmund Papazian Absent: Richard H. Darsky C. Alan Mason Also Present: Judith M. Gallent, Counsel Gary B. Trachtman, Consulting Engineer Philip A. Leger, Consulting Engineer Julie Cleary, 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 stated some members of the Board are absent this evening that were present at the last meeting, the Minutes of the previous meeting will be adjourned to be reviewed at the next meeting. 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. Chairwoman Reader read the application as follows: PUBLIC HEARING-FRESHWATER WETLANDS AND WATER COURSES PERMIT-Mintzer- 74 East Brookside Drive - Block 212 Lot 129 Richard Mintzer of 74 East Brookside Drive, Larchmont, appeared and stated the house was purchased in 1994 at an estate sale, was constructed in 1925 and has a small kitchen that is not functional. Mr. Mintzer has two children, the house does not have a rational layout, hence the proposed expansion. Mr. Mintzer said he has completed the process of applying for a variance for a smaller front yard, which was granted by the Zoning Board on April 30, 1997. He stated he is familiar with the review regarding storm water, and the addition will have minimal impact. The footprint is 1,340 ft. and will be increased to 1,730 ft. Mr. Mintzer said the revised plan shows the 100 ft. line from the brook, and said construction is behind Planning Board May 14, 1997 Page 2 the front line. Mr. Mintzer said he is prepared to do whatever is necessary to protect the environment, and will answer any questions the Board may have. Ms.Reader said that the porch is further away from Little Farms Road and asked what is being constructed in that area. Mr. Mintzer explained that there were three 100 year old pine trees to be preserved and the architect took that into consideration in the proposed plans. Ms. Reader asked if there were any other questions from Board members. Mr. Papazian asked if the proposed addition will have a basement. Mr. Mintzer said the new space will not have a basement,just access for heating. Ms. Reader asked Mr. Mintzer if he had a chance to review the letter dated May 12, 1997 from the CZMC which did not state any opposition. Mr. Mintzer said he had reviewed it. Ms.Reader then read the letter dated May 12, 1997 from Malcolm Pimie,which states the activity satisfies the compatibility test and recommended a bond for the FWWP be posted in the amount of$1,500.00. Ms.Harrington asked Mr.Mintzer his feelings about the recommendation from the CZMC regarding native shrubs being planted. Mr. Mintzer said he has not focused on the landscaping and did not have a copy of the book, Land Use Working Guide, regarding native shrubs, but will landscape with native shrubs. He then passed out a survey showing that arborvitae had already been planted,said he will continue the row of arborvitae when the construction is completed and will rebuild the vineyard. Mr. Papazian asked Mr. Trachtman to summarize the letter from Malcolm Pimie, which was done. Ms. Reader asked if there were any other questions from the Board or the public. There being none, on a motion was made by Ms. Harrington, seconded by Mr. Papazian, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Reader said the matter is an Unlisted Action, and said counsel has provided a draft Negative Declaration dated May 13, 1997. On a motion made by Mr. Papazian, seconded by Mr. Moser, the following Negative Declaration was unanimously adopted: Richard and Cheryl Mintzer 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 an addition to their home located at 74 East Brookside Drive (the "Proposed Action"). A portion of the Proposed Action lies within 100 feet of the Sheldrake River, a mapped freshwater wetland and Critical Environmental Area. 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 Gary Trachtman, P.E.,of Malcolm Pimie,Inc., the Town's consulting engineer. The - Planning Board May 14, 1997 Page 3 411 Long Form EAF reveals that the Proposed Action will not result in any significant adverse environmental impacts. Moreover, the Town's Surface Water Erosion and Sediment Control Law requires the applicants to undertake erosion and sediment control measures to minimize erosion and siltation of the Sheldrake River during construction. Upon review of the EAF and other application materials, Mr. Trachtman has determined that the Proposed Action is compatible with public health and welfare. See letter, dated May 12, 1997, from Gary Trachtman to Planning Board. In addition, as set forth in the letter from the Coastal Zone Management Commission, dated May 12, 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 Ms. Aisen, seconded by Mr. Moser, the following resolution was unanimously adopted: WHEREAS, Richard and Cheryl Mintzer have applied for a permit pursuant to Mamaroneck Town Code Chapter 114 for the premises located at Lot No. 74 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Lot 129; and WHEREAS, this Planning Board has determined that the proposed action is an Unlisted action pursuant 4100 to SEQRA and MEQRA; and WHEREAS, the Planning Board has adopted a Negative Declaration dated May 13, 1997; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing, dated May 12, 1997 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; and WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on May 14, 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 are. 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. Planning Board May 14, 1997 Page 4 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 Richard and Cheryl Mintzer 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. 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$1,500.00 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. 5. 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 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. Chairwoman Reader read the next application as follows: PUBLIC HEARING - SPECIAL USE PERMIT - HIGH TECH CAR WASH - Guerrerio - 2434 Boston Post Road - Block 503 Lot 326.1 Dolores Battalia, Esq.,of Stein & Battalia, 2001 Palmer Avenue, Larchmont, appeared along with the architect, Walter Nestler. Ms. Battalia said she is before the Board seeking a Special Permit due to a recent change in ownership which requires that the Special Permit be issued to the new owner and operator of the car wash. Ms. Battalia said at the last Planning Board meeting the applicant was referred to the Architectural Board of Review (BAR), and submission was also made to the County Planning Board. Ms. Gallent said there has been no response from the County Planning Board. Ms. Battalia said that Mr. Nestler appeared before the BAR, and the BAR requested certain changes to the style of lettering on the canopy sign which he will explain to the Board. In addition it has been determined that the canopy was replaced by the prior owner after storm damage in February, and the new lettering is slightly larger than zoning permits. Therefore, the applicant will have to apply for a zoning variance for the slightly higher letters. Ms. Battalia has discussed this with Mr. Jakubowski, and said it is possible, if the Board chooses, to grant the Special Permit conditioned upon the applicant applying to the Zoning Board. Ms. Battalia then asked Mr. Nestler to discuss the change in the lettering of the signage. Ms. Aisen asked what the actual size difference is. Planning Board May 14, 1997 Page 5 Mr. Nestler passed out drawings regarding the change in the lettering, and said the lettering is 6 in. over what it was originally. Mr. Nestler said as a point of correction, the change that was addressed by the Board was the monumental sign, which the applicant was trying to replace. Previously submitted, at the request of the BAR, the applicant was asked to modify the stone base and change the lettering to match the present canopy, which has been done. The lettering type stone work has changed as shown in exhibit 1, which is consistent with the BAR recommendation. The pole sign is being changed. Ms. Reader asked about the size of the lettering, and the signs. Mr. Nestler said the size is indicated on the drawing, and a discussion ensued regarding the monumental sign, the awning and spelling on the sign. Mr. Nestler said the monumental sign is allowable. Ms. Reader said a recommendation was made by Mr. Jakubowski of the building department to use the prior certification as a model; i.e. condition#2; indicate planting and landscaping will be consistent with BAR approval on April 17, 1997; consistent with the fact that there is no longer a pole, delete that portion on condition#8. Ms. Reader asked if there were any other questions from the Board. Mr. Papazian asked if the pole had come down yet. Mr. Nestler said it has not yet come down, but will come down as part of this renovation. Ms. Gallent said that the Board can make it a condition of approval that there be no signage on the rear canopy, as stated in Mr. Jakubowski's memo. A discussion ensued. Ms. Reader asked if there were any other questions from the Board or public. There being none, on a motion made by Ms. Aisen, seconded by Mr. Papazian, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Reader stated this is a Type II Action. On a motion made by Mr. Papazian, seconded by Mr. Moser, the following certification was unanimously adopted: WHEREAS, Robert Guerrerio, Jr. submitted an application for the change of ownership of a Special Permit for High Tech Car Wash on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 326.1; and WHEREAS, the Planning Board has previously determined that the proposed action is a Type II action and that, therefore, no further action is required under SEQRA; and WHEREAS, a Public Hearing having been held on May 14, 1997 pursuant to notice; and WHEREAS, the Planning Board having considered the application for a Special Permit, the plans and zoning report and environmental assessment submitted by the applicant, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public. NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: Planning Board May 14, 1997 Page 6 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 Permit will be no more objectionable to nearby properties by reason of noise, fumes,vibrations,flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Permit. 3. The proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. 4. The property subject to this Special Permit has no existing violations of the Town of Mamaroneck Zoning Ordinance. 5. The applicant has demonstrated that there has been no change in circumstances in the area which would require the Planning Board to deny this extension. BE IT FURTHER RESOLVED, that this Board approves the application of High Tech Car Wash for a Special Permit for a car wash subject to the following terms and conditions: 1. The applicant shall obtain a variance from the Zoning Board of Appeals with respect to the size of the lettering on the front canopy. 2. There shall be no signage placed on the existing rear canopy. 3. No gasoline shall be sold at the site. 4. The triangular planting in the rear of the premises (adjoining the residential site to the West)shall be consistent with the planting and landscaping as shown and approved by the Board of Architectural Review on April 17, 1997. 5. Maximum hours of operation shall be from 7:00 a.m. to 8:00 p.m. Monday through Saturday and 8:00 a.m. to 6:00 p.m. on Sunday. 6. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 7. All lights, except for security lighting, shall be turned off at the close of business. 8. All lights for the driveway shall be directed toward the building. The final plans submitted prior to issuance of any Building Permit shall show traffic lanes on the property for ingress and egress. 9. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 10. This Special Permit approval is subject to additional conditions imposed by the Zoning Board of Appeals including limitation of canopy height to twenty feet (20'), on the "menu" sign at the rear of the property and a requirement that the exposed source of illumination for the front canopy shall be directed to the ground only and be recessed behind the side and front of the canopy. 11. Permit shall expire after two (2) years. Planning Board May 14, 1997 Page 7 12. This Special 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. On a motion made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Chairwoman Reader said the next applicant had requested an adjournment, due to personal circumstances: CONSIDERATION - FALLON SUBDIVISION -Brian J. Fallon/Vicky Eng -97 Madison Avenue - Block 130 Lot 181 Chairwoman Reader read the next application as follows: CONSIDERATION -SPECIAL USE PERIIIIT -TEDESCO AUTO BODY, INC. -2430 Boston Post Road -Block 503 Lot 421 Donald Mazin, Esq., 1415 Boston Post Road, Larchmont, appeared. Mr. Mazin said the premises being discussed, the lower floor at the total rear of the premises at 2430 Boston Post Road next to High Tech Car Wash, cannot be seen from the Boston Post Road. The applicant is taking over the auto body business operated by Auto Craftsman. The building has been used for auto related businesses dating back at least 30 years. There will be no changes in equipment and no construction. The premises has been cleaned up, and the applicant is before the Board to apply for a Special Permit to operate the business. Ms. Reader asked if Mr. Mazin had seen a copy of the memo from Mr. Jakubowski dated May 7, 1997 which indicated there are several outstanding violations that need to be corrected. Mr. Mazin had not received a copy of the memo, which Ms. Reader provided for his perusal. Mr. Mazin said he has been associated with the building representing the last number of applicants that have occupied the upper space and lower space. Mr. Mazin said the boat referred to in the memo was the landlord's boat which was removed some time ago. With respect to the signs,no application has been made as yet because the tenant on the upper premises is vacating the premises, the applicant will be taking over, and the landlord had not yet decided what sign space will be allowed. The dumpster has been taken care of. Mr. Tedesco said the dumpster was in the area during cleanup for debris removal and has since been removed. Mr. Papazian asked if the pole sign was gone. Mr. Tedesco said the only sign he had was a small sign leaning up against the fence which has been put inside. Ms. Reader asked if there is an existing pole sign. Mr. Tedesco said there is an existing pole sign, but it is from the previous owner. Ms. Reader said the pole sign will have to be removed. Mr. Mazin said the sign will be put on the building. Mr. Tedesco said when the tenant moves upstairs, the signage will be shared. Ms. Reader asked if the pole sign can be removed within the next month's time. Planning Board May 14, 1997 Page 8 Mr. Tedesco said it will be removed. Ms. Aisen asked about the illegal wash tub. Mr. Tedesco said the illegal wash tub was there when he moved in, there was a sink and the plumbing was not vented correctly. It is being handled by the landlord, and the sink is not currently in use. Mr. Papazian said the applicant is the tenant, it sounds like it is the landlord's sign even though the tenant might have been the previous tenant, but it is Mr. Tedesco's problem. Mr. Mazin said when Mr. Tedesco moved in the upstairs the tenant had all the signs on the building. The tenant is moving out, and now the landlord can give Mr. Tedesco space to put up a sign. Ms. Reader said the Board wants to make sure each violation is taken care of prior to the Board voting to grant a Special Use Permit. Ms. Reader suggested Mr. Mazin contact Mr. Jakubowski for an inspection, and notify the Planning Board of the results. On a motion made by Ms. Aisen, seconded by Ms. Harrington, it was unanimously 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 a motion made by Ms. Aisen, seconded by Ms. Harrington, it was unanimously RESOLVED, that the Special Use hearing be, and hereby is, adjourned to the June 11, 1997 meeting. Ms. Reader said the matter will be referred to the BAR and the County Planning Board. Chairwoman Reader read the next application as follows: CONSIDERATION - FRESHWATER WETLANDS AND WATER COURSES PERMIT -Bohrer- 237 Griffen Avenue - Block 344 Lot 112 Nat Bohrer, the applicant, and Fred Grippi, the architect, appeared. Mr. Grippi said the applicant is proposing a small addition on the back of the house, which falls into the 100 ft. setback. It will not have an impact on the property. Mr. Grippi proceeded to point out on the plans before the Board the part that impacts the setback, and asked if there were any questions. Ms. Aisen asked Mr. Grippi to orally explain the impact. Mr. Grippi said the part that impacts the 100 ft. setback is the piece on the corner of the addition on the back of the house, approximately 2 ft. There is also a second story addition. Ms. Aisen asked if there would be a basement under the addition. Mr. Grippi said there will be no basement. Ms. Aisen asked if Mr. Trachtman has reviewed the plans. Mr. Trachtman said he reviewed the plans and the applicant will need to incorporate an area map on the drawing showing the location of the property and surrounding properties. The applicant shall also indicate the location of the 100 ft. line. Planning Board May 14, 1997 Page 9 Ms. Reader asked if there were any other questions from the Board. Ms. Aisen asked why the Post Office address is Scarsdale. Mr. Bohrer said the property borders Scarsdale in parts, and there is a portion in the Mamaroneck strip. On a motion made by Mr. Moser, seconded by Ms. Aisen, it was unanimously RESOLVED, that this is an Unlisted Action under SEQRA. Ms. Reader asked that this matter be referred to the CZMC. On a motion made by Mr. Papazian, seconded by Mr. Moser, it was unanimously RESOLVED, that the Freshwater Wetlands and Water Courses Permit be, and hereby is, adjourned to the June 11, 1997 meeting. Chairwoman Reader read the next application as follows: CONSIDERATION - SITE PLAN APPROVAL/WAIVER - BONNIE BRIAR COUNTRY CLUB - 808 Weaver Street -Block 225 Lot 1 Paul Kalos, Esq., of Mamaroneck, and Allen Rein, Esq., of Scarsdale, both members of the Bonnie Briar Country Club appeared on behalf of the club. Mr. Kalos said an upcoming PGA event will be held at Winged Foot. Bonnie Briar has an overflow concept, all of which can be done without a permit, other than the metal plate strips in the back of one member's driveway. Mr. Kalos said they are present with a site plan, but are applying for a waiver, without which they can't hold the event. Ms. Gallent said the application can undergo site plan review. Mr. Kalos said Bonnie Briar can go for site plan review, but then the event would be over. Mr. Kalos said if site plan review was necessary, the applicant just would not put the plates down but have the cars go over the grass. Mr. Kalos said it was picked up by the statute, possibly due to the metal plates on the member's driveway. Everything else; i.e the tents,would need site plan review which is why the applicant is requesting a waiver. Mr. Kalos said he will answer any questions the Board may have. Ms. Reader asked if Mr. Kalos had seen a copy of the Malcolm Pimie letter dated May 12, 1997. Mr. Kalos and Mr. Rein had not seen the letter, which Ms. Reader read into the record. Mr. Trachtman said he will read parts of the letter, stating the purpose of the letter is to deal with the regrading project which is related to this project in a sense that it can be construed as site preparation for what is currently proposed. The intent of the work that is being done in the regrading project is to improve the conditions on the driving range. That waiver is for a separate activity. Ms. Gallent asked Mr. Kalos if the cars will be parking on the area that is being regraded. Mr. Kalos said that is correct, and said there is nothing permanent about the arrangement. A discussion ensued regarding the plates being removed after the event, the location of the driveway involved, the surrounding areas and the use of the metal plates. Ms. Aisen asked who lives in the structure located nearby. Planning Board May 14, 1997 Page 10 Mr. Rein said he believes that is called a chicken coup, is a piece of unoccupied property and believes there is an application for a subdivision. Ms. Aisen stated the importance of notifying everyone that would be affected by this driveway, and asked if a public hearing will be needed. Ms. Gallent read Section 177-17, of the Site Plan Law, which provides for a waiver of site plan review in certain circumstances and refers to this type of action. A discussion ensued regarding the status of the property and the notice to the neighbors. Mr. Rein said the neighbors have been advised informally, and they will be formally advised. Ms. Harrington asked what the neighbors' feelings are. Mr. Rein said the only person that expressed any view on the project, is the member who volunteered the use of his property. Mr. Leger said a meeting was held on April 29, 1997 with Steve Alfieri, and concerns were raised about traffic. The overriding concern is how does the Town make sure it addresses the concerns of the public, adjacent to the property, to avoid future problems. Mr. Rein said the concerns of the public are being addressed. Mr. Kolas said Scarsdale will have police in force. Ms. Harrington said if Scarsdale is putting police in force, then there is no Town burden as far as police. Ms. Aisen again reiterated that she would like to have a public hearing on the matter. Ms. Reader asked if there was any way of confirming this evening whether the piece of property to the east of the temporary access road is vacant, and asked if this was discussed at the hearing held on this matter. Mr. Leger suggested the applicant get some form of documentation stating there has been full disclosure to the neighbors, rather than having a public hearing. Ms. Aisen said it must be in the Planning Board records. Ms. Reader said the matter will have to be adjourned, but rather than adjourn for consideration, adjourn for a public hearing. Mr. Kalos said it probably means the applicant would not apply for the plates, but will run the traffic the other way due to time constraints. Ms. Gallent said the next meeting is June 11, 1997, and the event is not until August 11-17, 1997. Mr. Kalos said the question is the public hearing or the waiver on the site plan. Ms. Gallent said there is no public hearing on the issue of waiver, it is either waived tonight or a public hearing is scheduled for the next meeting. Ms. Reader said she would anticipate that if the property to the east is a vacant piece of property, no one will come before the Board and the matter will go right through. If it is not a piece of vacant property, it would be beneficial for Mr. Kalos to discuss same with them rather than have any protests. Planning Board May 14, 1997 Page 11 Mr. Trachtman said to clarify the alternatives,how will the cars enter the site,if this waiver is not granted. Mr. Kalos said the cars would enter through the regular driveway on Weaver Street. Mr. Rein said either the above or through a right-of-way, which is adjacent to a house on Weaver Street. Mr. Trachtman said the point he wants to make is that Winged Foot is going through great lengths to have satellite parking facilities available as far away as White Plains and Yonkers Raceway, and the perception is that the bulk of the traffic that will be coming into the area is by bus. Old White Plains Road will have a lot of bus traffic on it at certain times of the day. This activity proposes that quite suddenly we have perhaps 430 cars a day for a short period of time coming into an area where no one is expecting this to happen. Mr. Trachtman said he knows Bonnie Briar has gone to Scarsdale and traffic will be discussed. Mr. Rein said the cars are coming anyway. Ms. Harrington asked what is being done to require Bonnie Briar being used. Mr. Rein said a hospitality group sells a package program to corporations, they pay a fee and buy access. Meals will be provided in tents, cars will be parked their cars and individuals transported by shuttle to Winged Foot for the PGA Tournament. Ms. Aisen said the point is that there is a lot of traffic, there will be an impact on the neighbors and the matter should be postponed for one month because there is no change in the land just the installation of metal plates. Ms. Reader said that since Winged Foot is providing satellite parking from which buses are going, rather than attracting additional cars to Bonnie Briar through Weaver Street,why not coordinate with the Winged Foot parking facilities and have a bus bring the hospitality group into Bonnie Briar with the same buses taking those individuals to Winged Foot to see the event. Mr. Kalos said it is not just buses, but cars that have to be put in that location. A discussion ensued. Ms. Reader said to minimize traffic in the community, Winged Foot is providing a great deal of parking in areas outside of Scarsdale and Mamaroneck. It seems that Bonnie Briar can coordinate with Winged Foot for the hospitality group to use the buses. Mr. Rein said that was addressed with the hospitality group and they stated if it cannot be done at Bonnie Briar they will fmd another location. Mr. Rein said it is a package that was offered to Bonnie Briar, and part of the package was to provide parking facilities. A lengthy discussion ensued regarding the proposed matter, the type of application applied for, discussions that had been held among the building inspector and engineer regarding the regrading to the west side and east side, and Malcolm Pimie's letter regarding the waiver in reference to the regrading. Ms. Gallent said Malcolm Pimie's letter of May 12, 1997 indicates that an exception to site plan is warranted for the regrading. What the applicant is asking for is a waiver from site plan review for the placement of metal plates on the ground to create an entryway for cars. Ms. Reader said to recap what has been discussed, Bonnie Briar intends to hold the hospitality event but will move traffic differently. Mr. Kalos said there is a time line involved. A discussion ensued regarding the installation of plates, access to the Bonnie Briar, the impact of the traffic and noticing the neighbors. Ms. Reader said the event becomes a magnet for vehicles, and would rather have the vehicles park in the adequate parking facilities being made elsewhere. Planning Board May 14,'1997 Page 12 Mr. Rein said in discussion with the hospitality group off-site parking was unacceptable, hence the request for the metal plates. Ms. Aisen said it should not have been assumed that the Planning Board would grant a waiver,and a public hearing should be held. Mr. Leger said a public hearing with full disclosure will be beneficial for all involved. On a motion made by Ms. Aisen, seconded by Ms. Harrington, CONSIDERATION - SITE PLAN APPROVAL/WAIVER - BONNIE BRIAR COUNTRY CLUB - 808 Weaver Street - Block 225 Lot 1, plans dated May 5, 1997, was unanimously DENIED. Ms. Reader declared this is a Type II Action under SEQRA. On a motion made by Aisen, seconded by Ms. Reader, it was unanimously RESOLVED, that the Public Hearing be, and hereby is,scheduled for the June 11, 1997 meeting. Ms. Harrington said she is concerned about this matter being an environmental issue. Mr. Leger said it is correct to be concerned, but the area involved is not close to water. Mr. Papazian said it is not under the Board's jurisdiction. Ms. Reader said it would be beneficial to get an affirmative statement as to whether or not the piece of property east of the club is not inhabited. Mr. Trachtman said his concern was whether or not the people in Scarsdale had been noticed. Mr. Rein said in Scarsdale it is a different proceeding, will is scheduled for May 20, 1997. Ms. Gallent asked the secretary to refer the matter to the County Planning Board. Ms. Reader said the same procedure was followed with the Winged Foot application and there were no problems. Chairwoman Reader read the next application as follows: SET SPECIAL MEETING -REVIEW OF RETAIL FOOD ZONING Ms. Reader said there is a proposed zoning amendment for the regulation of food related retail establishments, a Fast-Food Zoning Ordinance, that has been referred to the Board. Because of it is an extensive ordinance and somewhat complicated, Mr. Altieri requested the Board consider scheduling a special meeting convenient for the Board members to discuss same. A discussion ensued and the special meeting was scheduled to be held on June 2, 1997 at 7:00 p.m. in the Senior Center. Ms. Reader said it would be beneficial to have Ms. Gallent present, because of her advisory position to the Board. Ms. Gallent said the notice of the special meeting should be published. Mr. Leger said he will review the ordinance and will advise. Planning Board May 14, 1997 Page 13 Mr. Trachtman said on a number of previous occasions discussions were held regarding the appropriateness of parking and traffic requirements, and feels the consulting engineer should attend. OTHER BUSINESS Ms. Reader noted that this is Gary Trachtman's last meeting as the official consulting engineer, having been with the Town of Mamaroneck since November, 1984. He has given wonderful assistance to the Board and his contributions to prior boards has always been very clear. He has helped the board understand some very complex and convoluted plans. The Board will miss him and wished him good luck. Mr. Trachtman said he will also miss the Board and acknowledged the assistance over the years of Bonnie Burdick,Marguerite Roma,Arline Stefanisko and all the staff of the Building and Engineering Department, the environmental coordinators Claudia Eng, Eve Bocca and Shimon Gitlitz of the Highway Department and all the others who have assisted over the years. It has been a pleasure to serve with all of the members that have served on the Board, because they all share a common objective which is to make things better for the Town of Mamaroneck. Others, because of business commitments, could not serve as long as they would have liked, but everyone had the goal of trying to make the Town a better place. It was a pleasure being a part of that process. Mr. Trachtman said he will miss the beauty of the Town, especially this time of the year with everything in bloom. Mr. Trachtman said he is confident that the Board will be satisfied with Phil Leger, who is coming on board as Gary's replacement, and Sean Noonan, his assistant. Mr. Trachtman said Malcolm Pirnie will continue to provide the level of service the Town deserves. The Board wished Mr. Trachtman good luck. Ms. Reader welcomed Phil Leger as consulting engineer, and said she looks forward to many years of working together. Mr. Leger said he and Sean Noonan of Malcolm Pirnie will always be available to the Board, and gave the Board his business card. NEXT MEETING The next meeting of this Board will be held on June 11, 1997. ADJOURNMENT On a motion made and seconded by, the meeting was unanimously adjourned at 9:45 p.m. 7h Marguerite ma, Recording Secretary