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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