HomeMy WebLinkAbout1990_11_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
NOVEMBER 14, 1990, IN THE COURTROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
NAMARONECK, NEW YORK
Present: Sanford A. Bell, Chairman
Jerry R. Donatelli
Steven R. Goldstein
Norma Jacobson
Alan P. Murray
James J. Romeo
Absent: Patricia Latona
Also Present: Tee A. Hoffman, Jr. , Town Counsel
Gary Trachtman, Consulting Engineer
Claudia Ng, Environmental Coordinator
Shirley Tolley, CZMC
Richard Young, CZMC
Marci Dustin, Public Stenographer
Carbone, Kazazes & Associates
225 Mt. Pleasant Avenue
Mamaroneck, NY 10543
Bonnie M. Burdick, Recording Secretary
CALL TO ORDER
The meeting was railed to order by Chairman Bell at 8:25 PM. He stated
that he would take the matters out of order as some principals were
absent for those items scheduled early on the agenda.
AMENDMENT TO CERTIFICATION OF PLANNING BOARD DECISION OF JANUARY 10, 1990
High-Tech of Mamaroneck, Inc.
2434 Boston Post Road
Block 503 Lot 326
Steven Bernard, co-owner, and Donald Mazin, attorney, appeared on behalf
of the application. It was their contention that an error had been made
in the certification of the Site Plan approval and Special Permit
approval concerning the condition requiring the removal of gas tanks and
pumps rather than the removal of their use. It was stated that the
approval for a sign four feet by six feet should have been four feet by
eight feet.
Mr. Bernard stated that the gas tanks had been rendered inoperable
according to New York State Department of Environmental Conservation
regulations by a company bonded to do such work. Permission had been
granted by the Town to discontinue pumping gas.
Mr. Trachtman stated that the work had been done according to said
regulations.
November 14, 1990
Page 2
On motion of Mr. Goldstein, seconded by Mr. Donatelli, the following
revisions to the Site Plan certification of January 10, 1990 were made.
"4. All the pole signs in front of the building shall not be larger
' than the current size of 4 x 6."
shall be
"4. All the pole signs in front of the building shall not be larger
than the current size of 4' x 8'."
and
"10 - This Site Plan approval is also subject to the terms and
conditions of the Special Permit approval granted simultaneously
herewith, including but not limited to the conditions for the removal
of the gas tanks and gas pumps on the premises."
shall be
"10 - This Site Plan approval is also subject to the terms and
conditions of the Special Permit approval granted simultaneously
herewith, including but not limited to the conditions for the
cessation of the use of the gas tanks and gas pumps on the premises."
On motion of Mr. Goldstein, seconded by Mr. Donatelli, the following
revision to the Special Permit certification of January 10, 1990 was
made.
"B. Special Conditions
1. Existing gas pumps shall be removed. Existing gasoline
tanks shall be removed in accordance with NYS DEC recommended
practices for underground storage of petroleum (Chapter 6 - Tank
Closure and Abandonment) ."
shall be
"B. Special Conditions
1. Existing gas pumps shall be rendered inoperable. Existing
gas tanks shall be removed or rendered inoperable in accordance
with NYS DEC recommended practices for underground storage of
petroleum (Chapter 6 - Tank Closure and Abandonment) ."
November 14, 1990
Page 3
APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT
Mr. G. Feuerstein
27 Kolbert Drive
Block 308 Lot 10
Donald S. Mazin, attorney, Fred Kellogg, P.E., and Mr. Feuerstein
appeared on behalf of the application. Mr. Mazin stated that Mr.
Feuerstein had lived in his house for 20 years and that he had replaced a
rubble masonry wall with a mortar masonry one. Reinstallation of the
rocks each Spring and during the Summer had been necessary. Included in
the wall was a culvert with a pipe, which had a tendency to freeze,
carrying domestic drinking water from the public street . The wall,
culvert and pipe are on a drainage easement.
Mr. Kellogg stated that a check dam had been built to hold back water
which insulates said pipe and creates a veil effect. He stated that the
outlet is free under normal conditions and that the grade line is not
effected by the construction. At the time this area was developed
bridges were built to Town specifications by the developers or owners
with the maintenance reverting to the owners.
Mr. Trachtman stated that, in his opinion, the construction was a repair
but that the criteria of the Fresh Water Wetlands and Water Courses
legislation needed to be examined.
Mr. Feuerstein stated that since the masonry wall had been constructed
the water flowed in a better way than previously.
Mr. Bell stated that it was important for residents to obtain Fresh Water
Wetland Permits when desiring to do construction in a Critical
Environmental Area as the Town's waterways can be contaminated during
building.
On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously
RESOLVED, that the Planning Board is the Lead Agency and solely
responsible for determining whether the proposed action may have
a significant impact on the environment; and
IT IS FURTHER RESOLVED, that this is a Type 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 SEQPA.
On motion of Mr. Murray, seconded by Mrs. Jacobson, the following
resolution was unanimously adopted.
WHEREAS, Mr. G. Feuerstein has applied for a permit pursuant to Local
Law #7-1986; and
WHEREAS, this Planning Board has previously determined that the
proposed action is a Type II action and that this Board is the
appropriate Lead Agency with respect to Environmental Quality
Review; and
November 14, 1990
Page 4
WHEREAS, the Consulting Engineer to the Town has submitted comments
and reccmnendations in writing regarding this application to the
Planning Board; and
• WHEREAS, this Planning Board has determined, pursuant to Local Law
#7, Section 86-6(D) , that the activity proposed is of a minor nature
and is campatible pursuant to 6NYCRR 665.7;
NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of
fact as follows:
1. The activity proposed is of such a minor nature as not to
effect or endanger the balance of systems in a controlled
area;
2.. The proposed activity will be compatible with the
preservation, protection and conservation of the wetland
and its benefits, because (A) the proposed activity will
have only a minor impact, (B) it is the only practical
alternative, and (C) it is compatible with the economic and
social needs of the community and will not impose an
economic or social burden on the community;
3. The proposed activity will result in no more than
insubstantial degradation to, or loss of, any part of the
wetland, because of the minor impact of the activity and
the protective conditions imposed by this resolution;
4. The proposed activity will be compatible with the public
health and welfare, because of its minor impact in the
controlled area;
AND IT IS FURTHER RESOLVED, that this Board determines that a hearing
pursuant to Tnr-a1 Law #7 of 1986 be, and hereby is, waived; and
BE IT FURTHER RESOLVED, that the application of Mr. G. Feuerstein for
a permit, pursuant to Local Law #7 of 1986, be and it hereby is,
granted subject to the following terms and conditions:
1. This permit is personal to the applicants and may not be
transferred to any other individual, entity, or a
combination thereof;
2. If an inspection by the Building Department determines that
siltation or other adverse impact on the controlled area
has occurred, the applicants shall take immediate
corrective action in accordance with the Building
Department's requirements.
3. This permit shall expire upon completion of the proposed
activity or one year from the date of its issue whichever
first occurs.
November 14, 1990
Page 5
PUBLIC HEARING - SPECIAL PERMIT AND SITE PLAN APPROVAL
Collision Technologies, Ltd.
2430 Boston Post Road
Block 503 Lot 421
and
PUBLIC HEARING - SPECIAL PERMIT -
Louis Vitiello
2430 Boston Post Road
Block 503 Lot 421
These two matters were heard together.
On motion by Mr. Murray, seconded by Mr. Goldstein, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared
open.
The Public Stenographer was present for this application and her
transcript will became a permanent part of this record.
On motion by Mr. Murray, seconded by Mr. Donatelli, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared
adjourned.
On motion of Mr. Murray, seconded by Mr. Donatelli, it was
unanimously
RESOLVED, that this Board hereby sets Wednesday, December 12,
1990 at 8:15 P.M. as the date and time for a continuation of the
Public Hearing on the applications of Collision Technologies and
Louis Vitiello; and be it
FUG RESOLVED, that the Board Secretary is hereby authorized
to publish the Notice of said Public Hearing in the Official
Newspaper of the Town of Mamaroneck.
Donald S. Mazin, attorney, appeared on behalf of the applicants
with Mr. Vitiello; Richard Contreras, owner of Collision
Technologies; and Frederick Kellogg, P.E. . Jim Jermkowski, a
representative of Jersey Petroleum which will sell equipment and
petroleum products to the All Tune and Lube franchise, also
appeared.
Mr. Bell stated that he was in receipt of a letter from the l'nastal
Zone Management Commission requesting more information. Mrs.
Tolley stated that that board had such a paucity of information
that a determination could not be made. She further stated that it
was her feeling that the questions which needed to be resolved were
of a minor nature - ones of "good housekeeping." CZFK 's concerns
are for oil and particulate disposal. It does not know whether, as
Mr. Contreras averred to the CZMC investigators, the three interior
drains are connected to a pipe at the rear of the property or
whether these drains empty into a pipe which crosses the Boston
Post Road and flows into the Premium Marsh.
November 14, 1990
Page 6
Mr. Jermkowski stated that three overhead reels would be installed
at the lube shop - one for oil, one for grease and one as a spare.
The oil would be stored in a 285 gallon U.L.-approved-tank
purported to be stronger than steel. Said tank would be kept
inside a 314 gallon concrete "dike" to prevent oil spillage. Waste
oil would be removed form the building by a pump arrangement and
stored in a 275 gallon tank at the lower level in the rear. This
tank would be emptied by a licensed, removal company. Heavier oil,.
such as 10-40, would be stored in cases. Delivery of the oil would
be made as in a residential situation by a truck parked on the
Boston Post Road or at the front of the property. The oil would be
pumped through a 12" galvanized pipe which would be emptied when
not receiving deliveries and which would be attached on the
outside of the building. The interior oil-reel would have a
metered lock on the hose so that the correct amount of oil would be
injected into a car and spillage would be prevented.
Mr. Romeo expressed concern about the oil delivery pipe being
subject to collision.
Mr. Trachtman stated that the design of the lube shop was
appropriate, that the use of the outside tank would not be a
problem but that it would be prudent to have a backup for the tank
because of leakage possibilities and the proximity of the Marsh.
He also stated that the arrangement for the delivery of oil using
an outside pipe was satisfactory.
Mr. Kellogg suggested making a concrete bunker arrangement for the
outside tank. He stated that Mr. Vitiello had appeared before the
Traffic Ccmnuission. Twenty-seven parking spaces are planned.
Employees would need two to three of them, and Mr. Vitiello
anticipated four to five vehicles an hour for his operation. Mr.
Contreras stated that in his area cars would stay for a week to ten
days and that he would need four to five outside spaces. He would
store the tow truck and flat bed truck inside the auto hiy shop at
night. The Traffic Committee had submitted a memo requesting more
specific information. Said memo will become part of the record.
Mr. Kellogg stated that the possibility of flooding or backup from
the Marsh would not apply to this property. He also stated that
the entrance to the stone drain would be cleaned out once a year
and that oil collars would be placed at the catch basins which are
on Mr. Contreras's property. Mr. Trachtman stated that it would be
helpful to have changes done once a month. Mr. Kellogg stated that
the sanitary sewer would receive runoff aura the toilets, wash
basins and showers in the building and that the lube shop will not
emit toxic, volatile fumes. The body shop will have filters in the
spray paint booth and 2" exhaust portals in the garage door(s) for
exhaust fumes.
The two applicants stated that housekeeping procedures would not
include hosing the floor with water which would enter the drains
but that an oil pickup saw dust would be used. They were reluctant
to commit to installing an oil separator, which would flow to the
storm sewers, as such separators are very expensive. Mr. Kellogg
November 14, 1990
Page 7
suggested that a condition could be made which would cause the need
to install a separator should the Building Inspector discover,
after operations had begun, that the promised housekeeping
procedures were not being followed.
Paul Donohue, a neighbor, appeared in opposition to the
application. He complained about possible traffic congestion, the
state of the buffer zone between the auto shop and his property,
the fact that no Special Permit had been issued to Mr. Contreras
since his purchase in 1984, storage and engine testing of a power
boat on the premises, a loud PA system, and the possibility of
frequent oil deliveries among other items.
Mr. Contreras stated that he and Mr. Donohue were in litigation.
He stated that he would repair and maintain the fence in question
and would remove the speed boat. Mr. Vitiello agreed that his shop
would perform brake and carburetor work. The PA system has been
removed.
Mr. Hoffman requested a franchise agreement of Mr. Vitiello and a
copy of the leas, He also asked that the information sought by
the Traffic Committee be submitted quickly so that a report by said
committee could be submitted to this Board before its next meeting.
Mr. Romeo had questions concerning the use of the parking space.
He stated that in order to be able to use all of the spaces claimed
to be viable it would be likely that cars would need to be
jockeyed. Such moving would cause the use of other spaces. The
applicants have stated that their employees will move the cars.
Mrs. Perl and Mrs. Martin of Sherwood Drive appeared. They both
made complaints about noise pollution. Concerns were expressed
about air pollution, too. Mrs. Wittner expressed concerns about a
lack of interior ventilation which could cause work to be done
outside. She also quoted from the code requirements for special
permits to emphasize that the business should be in "general
harmony" with the neighborhood. It was her feeling that painting
the lube shop bright yellow was not in harmony and violated the
intent of the Master Plan. It was decided to consult with the
Building Inspector on this matter as the proposed Architectural
Board of Review law would not affect this application.
Mr. Mazin pleaded hardship on behalf of his clients and asked that
Mr. Vitiello be allowed to work on the site before approval was
granted. The Board did not encourage or discourage this action and
pointed out that the applicant would do so at his own risk. The
Board indicated that it was not bound by the applicant's actions in
any way.
On motion of Mr. Donatelli, seconded by Mr. Murray, the Board
unanimously directed counsel to prepare resolutions in this matter
for purpocco of discussion.
November 14, 1990
Page 8
CONSIDERATION OF SITE PLAN APPLICATION - Ten Grand, Inc
Boston Post Road and
Weaver Street
Block 410 Lots 463, 310
321, 332, 338
Appearing on behalf of the applicant were Roger Sirlin, attorney;
Richard Rheaume, P.E. ; Jack Reardon, Finast Stores; Nick Pepe, Ten
Grand, Inc.; and Fred Coleman, architect representing Ten Grand,
Inc.
Mr. Sirlin stated that he and representatives of Ten Grand had had
a meeting with staff of the Town concerning this application. He
stated that the corporations were working to place the addition to
the shopping center on the site in response to the questions raised
by this Board while causing as little disruption as possible.
Mr. Rheaume demonstrated several plans and explained the lengthy
report submitted with this application. He stated that the Finast
store is currently 26,00 square feet; a modern food store is 40,00
- 50,000 square feet, and a "super" store is 70,00 - 80,000 square
feet. Mr. Rheaume stated that there were various drawbacks to all
but one of the plans he presented. One plan, which used space from
the other stores in the shopping center, would create a two-foot
differential in the floor of the store and necessitate the breaking
of long-term leases which, in his opinion, created a legal
impediment. Another plan would take away parking from in front of
the other stores and would add only 6,000 square feet to the
store. With expansion to the South, trucks would be maneuvering
over the easement and have a tight turning radius There would be a
torturous vehicular route into the parking lot, and the space added
would not satisfy marketing needs inside the store. An expansion.
on two sides would take away 38 parking spaces and remove said
spaces from the busy parking lot. Another plan presented by Mr.
Rheaume which encroached a great deal into the residential zone had
been demonstrated at another meeting and disliked by the Board at
' that time.
Mr. Rheaume presented a plan entitled "E-1" as the proposed plan
for remodeling the supermarket. This plan would encroach into a
- small part of the residential lot owned by Ten Grand. This area
would be a turnaroud area for trucks. This encroachment would
require a zoning variance and another variance would be needed for
parking as there would be 61 too few spaces. Mr. Rheaume stated
that the peak time for shopping at Finast is on Saturdays from 10
AM to 4 PM. When a survey was made on a Saturday, there were 190
of the 384 spaces being used. The applicants anticipate the same
number of customers and feel that fewer spaces are acceptable.
With this plan, the entrance to the store would be moved westward,
parking spaces would be added at the- bank, trees would be added
near the sidewalk on the Post Road and planting islands would be
put inside the parking lots. Mr. Rheaume proposed a new exit onto
Weaver Street which would prevent a left turn from the lot. He
suggested a new pathway for school children.
November 14, 1990
Page 9
In the "E-1" proposal, to lessen the nuisance of encroachment Mr.
Rheaume proposed replacing the seven deciduous trees removed from
the residential lot with a screen of white pines which would act as
a buffer year round. He stated that the shopping center currently
resembles a warehouse. A face lift would be made, the size of
signage would be reduced and lighting would face inward. A
rough-textured block would be used on the back of the store.
In response to Mr. Goldstein's concern about the proximity of the
truck unloading area to a house, Mr. Rheaume stated that a solid
fence and vegetation could be installed that would reduce noise.
He also stated that a few spaces could be lost at the bank in order
to avoid back-ups at that entrance/exit to the lot on Boston Post
Road. He stated that the applicants want to make changes in grade
in the large parking lot at the site. There are two slopes - one
from Weaver Street and one from the store - which cause problems
for shy with heavy carts. Mr. Rheaume stated that changes may
be needed to the water and drainage pipes which would be done in
connection with the Westchester Joint Water Works.
In attendance were many neighbors of the site. Those who spoke
were Stephen Kronenberg, 66 Howell Avenue; Gail Waxman, President
of the Howell Park Association, 12 Hawthorne Road; Jack Emmett,
Weaver Street; Jerry Glaser, 19 Rock Ridge Road; Gordon
Oppenheimer, 50 Howell Avenue; Michael Iepont, Carleon Avenue;
William O'Gorman, Iarchmont Gardens Association; Fran Fusco, 34
Weaver Street; Jefferson Meighan, 65 Howell Avenue; Stephen
McCurdy, 12 Carleon Avenue.
Their concerns were: 1) Use of any residentially zoned land for
commercial use; 2) Lack of coherent planning of this site with the
former Hory Chevrolet site; 3) Likelihood of more
entrances/egresses from the Hory site to a busy intersection; 4)
Closeness to Ferndale Place to the truck loading area causing noise
and visual pollution; 5) Height of Ferndale Place in relation to
the lower-level store; 6) Unattractiveness of the roof of the
shopping center which is apparent from sites on Rock Ridge Road;
7) Area is one where water collects 8) Safety of school
children; 9) Noise of trucks at 5 AM; 10) Lowering of property
values; and 10) Importance of Weaver Street and Boston Post Road
intersection and this projects impact on traffic.
Mr. Rheaume stated that the ownership of the super market was new
with new management and that these individuals were willing to work
with neighbors.
Mr. Bell stated that the Board was not considering a site plan at
that time but the environmental aspects. A question was before the
Board as to whether a residential encroachment was an environmental
concern. Mr. Hoffman pointed out other environmental aspects such
as visual esthetics and noise. He stated that the Board was
considering issues, not a specific proposal.
November 14, 1990
Page 10
Mrs. Tolley reminded the Board that the Mamaroneck Environmental
Quality Review Law takes into account conflict with the Master
Plan.
Mr. Bell stated that there was no imperative to enlarge the food
store.
Mr. Sirlin offered to meet with Finast representatives and with the
neighborhood associations. He requested that this matter be put
over for further consideration at the December 12th meeting.
ADJOURNMENT
On motion of Mr. Donatelli, seconded by Mr. Murray, the meeting was
adjourned at 1:05 AM.
envIt .cam /h
Bonnie M. Burdick