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HomeMy WebLinkAbout1997_10_08 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK OCTOBER S, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman May W. Aisen 4 Richard H. Darsky `3 C. Alan Mason 4 Edmund Papazian RECEIVED Absent: Linda S. Harrington NOV 19 ig /IITRWlA A DH�OGaO Also Present: Judith M. Gallent, Counsel �qi M4MARO ECK Antonio V. Capicotto, Consulting Engineer N.Y. � Thomas Foley, Public Stenographer OT ` \ 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 asked if the Board members had reviewed the draft Minutes of the September 10, 1997 meeting and if there were any amendments. Ms. Aisen stated that Ms. O'Keeffe should be identified as Town Board Councilwoman on page 3, the last sentence. After some discussion, on a motion made by Ms. Aisen, seconded by Dr. Mason, the amended Minutes for September 10, 1997 were unanimously approved as amended, 5-0. Chairwoman Reader read the application as follows: PUBLIC HEARING - RENEWAL/SPECIAL PERMIT - Citipark Service Station, Inc. - Thomas Gubin - 613 Fifth Avenue/2 Valley Place -Block 131 Lot 1 On a motion made by Dr. Mason, seconded by Ms. Reader, 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. Thomas Gubin, the owner, representing Citipark Service Station appeared. Ms. Reader stated the application is for a renewal of a special permit and asked the secretary if notice was given. Ms. Roma, the secretary, said notice was given. Planning Board October 8, 1997 Page 2 Ms. Reader said Mr. Gubin, at the last meeting, stated he would bring an individual to the meeting this evening and asked Mr. Gubin to introduce the individual present. Mr. Gubin introduced Harry Teagarden, the Service Manager for the facility. Ms. Reader asked Mr. Teagarden if he had reviewed the prior Special Permit and the conditions of that permit. Mr. Teagarden said he had not reviewed the prior permit and conditions of same. Ms. Reader asked if Mr. Teagarden is going to be the individual on the premises on a regular full-time basis. Mr. Teagarden said he has been with the company for twenty years but currently is only employed four (4)hours a day, due to illness. Previously, he was employed full-time. Ms. Reader asked if Mr. Teagarden is familiar with the conditions that require there shall be no parking or storage of any vehicle on the 4 ft. wide area along the lengths of the Fifth Avenue boundary and the Valley Place boundary. Mr. Teagarden said he is familiar with that condition, also stating there is no parking out front on the street. Ms. Reader said where there are no parking signs, employees' cars are not to be parked in that location, O which Mr. Teagarden verified. Ms. Reader asked Mr. Teagarden if he was familiar with the condition, all car parts and metal shall not be stored outside the building except in the properly enclosed refuse containers, which Mr. Teagarden verified. Ms. Reader said the Board is seeking assurance that the conditions will be enforced by Mr. Teagarden, which Mr. Teagarden verified. Mr. Teagarden said he is the manager on the morning shift until 12 noon. Ms. Reader asked who the manager is in the afternoon. Mr. Teagarden said the mechanic, Pedro Diaz, is the afternoon manager. Ms. Reader asked Mr. Gubin to make certain that Mr. Diaz is given primary responsibility to assure the conditions are met, which Mr. Gubin verified. Ms. Aisen said when Mr. Teagarden was invited to attend the meeting she assumed he was the full-time manager, and would like the assurance that a responsible person is available on a full-time basis to maintain the proper status of the facility, which Mr. Gubin verified. Ms. Reader asked if Mr. Gubin had anything further he wished to present to the Board. Mr. Gubin had no further presentation. Ms. Reader asked if anyone from the public wished to make any comments with respect to this application for renewal of a special permit. No one had any comment.C Dr. Mason said at the last meeting the question arose whether or not there were any violations or concerns that the building department wanted remedied before the renewal of the permit. Planning Board October 8, 1997 Page 3 Ms. Reader read into the record a memorandum, dated September 22, 1997, from William E. Jakubowski, the Building and Plumbing Inspector, indicating there are no current violations on record along with comments regarding the recent fire damage. Ms. Aisen said workman were on the site the other day. Mr. Gubin said a permit was issued, and work was started. Dr. Mason asked counsel if there is a time limit on completion of work within the permit time. Ms. Gallent said she would have to review the permit to make a determination. Mr. Gubin said the work will be completed as quickly as possible, as they have been waiting a long time for the permit to be issued. On a motion made by Mr. Papazian, seconded by Dr. Mason, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Gallent stated for the record the matter was referred to the Westchester County Planning Board. Ms. Gallent spoke to a staff member this date who indicated the Westchester County Planning Board did not have any comment on this application. On a motion made by Mr. Papazian, seconded by Dr. Mason, the following resolution was unanimously approved: WHEREAS, Thomas Gubin, Citipark Service Center, submitted an application for the renewal of the Special Use Permit for use of the premises at 613 Fifth Avenue/2 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Lot 1 as a private auto garage; and WHEREAS, a Public Hearing having been held on October 8, 1997 pursuant to notice; and WHEREAS, the Planning Board having considered the application for renewal of the Special Use Permit, the plans and zoning report and environmental analysis submitted by the applicant,comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public; NOW, THEREFORE, BE IT RESOLVED that this Board makes the following findings of fact: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets; 2. The operations in connection with the Special Use Permit will be no more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit; 3. The proposed Special Use Permit use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. Planning Board October 8, 1997 Page 4 BE IT FURTHER RESOLVED, that this Board APPROVES the application of Thomas Gubin, Citipark Service Center for the RENEWAL of the Special Use Permit for a private auto garage subject to the following conditions: 1. The hours of operation of the garage shall be 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturdays. 2. Petroleum waste shall be removed from the premises by a properly licensed disposer of such material. 3. The operation shall be limited to servicing corporate vehicles; it shall not be open to the general public. 4. There shall be no parking or storage of any vehicle on the 4 ft. wide area along the lengths of the Fifth Avenue boundary and the Valley Place boundary; these areas shall be striped: the words "No Parking" shall be painted on both sides of the Fifth Avenue side and Valley Place side. 5. There shall be no parking of any vehicles belonging to either employees or vehicles being serviced on Fifth Avenue, where the local law provides no parking. 6. No car parts or metal shall be stored outside the building except in the properly enclosed refuse containers. 7. This Special Use Permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30B of the Zoning Code of the Town of Mamaroneck. Mr. Papazian asked if Mr. Gubin is familiar with all the conditions, which Mr. Gubin verified. Dr. Mason asked Mr. Gubin if the Board has his assurance the conditions will be met, as previous indications are not favorable. Mr. Gubin said the conditions will be met. Chairwoman Reader read the next application as follows: PUBLIC HEARING-RENEWAL/SPECIAL PERMIT -Solac Realty Corp. -2517 Boston Post Road - Block 504 Lot 101 On a motion made by Mr. Darsky, seconded by Dr. Mason, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this meeting and her transcript will become a permanent part of this record. Jerrald Hacker appeared representing Solac Realty Corp. Ms. Reader informed Mr. Hacker that his mother was present at the last meeting for consideration of renewal of a special permit and asked Mr. Hacker for a general statement; i.e. same permit, same hours, same conditions, which Mr. Hacker verified. Planning Board October 8, 1997 Page 5 Ms. Reader said the permit has five(5) specific conditions other than the general conditions, and asked if Mr. Hacker is familiar with all of those terms. Mr. Hacker said he was not familiar with the conditions,whereby Ms. Reader provided Mr. Hacker with a copy to review. Ms. Reader asked if Mr. Hacker had anything further to present to the Board. Mr. Hacker said he had nothing further to present to the Board. Mr. Hacker stated it may become a moot point, as the property is currently for sale and may or may not continue as a gas station. But, at the present time, Mr. Hacker would like to continue with the request. Ms. Reader asked if there were any comments from the public. There were none. Dr. Mason mentioned this property had difficulty regarding congregating around the pay phone,and asked if it has been resolved. Ms. Reader said there is nothing on the record regarding any current difficulty regarding the phone, nor is anyone present to oppose the renewal. Mr. Papazian asked if the hours of operation will be the same, 6:00 a.m. to 10:00 p.m., which Mr. Hacker verified. Ms. Reader asked if there were any other comments or questions from the Board. Ms. Gallent said the matter has been referred to the Westchester County Planning Board due to its location, which did not have any comment. On a motion made by Ms. Aisen, seconded by Mr. Darsky, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Ms. Aisen, seconded by Dr. Mason, the following resolution was unanimously approved: WHEREAS, Solac Realty Corp. submitted an application for the renewal of the Special Use Permit for use of the premises at 2517 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Lot 101 as a gasoline service station; and WHEREAS, a Public Hearing having been held on October 8, 1997 pursuant to notice; and WHEREAS, the Planning Board having considered the application for renewal of the Special Use Permit, the plans and zoning report and environmental analysis submitted by the applicant,comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public; NOW, THEREFORE, BE IT RESOLVED that this Board makes the following findings of fact: 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; Planning Board October 8, 1997 Page 6 2. The operations in connection with the Special Use Permit as limited by the conditions set forth below will be no more objectionable to nearby properties by reason of noise,fumes, vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit; 3. The proposed Special Use Permit use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Solac Realty Corp. for the RENEWAL of the Special Use Permit for a gasoline service station subject to the following conditions: 1. The illuminated canopy shall exist on three sides, namely, on the Boston Post Road, the westerly and easterly sides. If more lighting is needed, spotlights will be used in the rear; 2. The hours of operation shall be from 6:00 a.m. to 10:00 p.m.; 3. All lights except for security lights shall be turned off at the close of business; 4. Retail sales shall be limited to soda and cigarette vending machines as previous permit permitted; 5. This Special Use Permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30B of the Zoning Code of the Town of Mamaroneck. Chairwoman Reader read the next application as follows: CONSIDERATION - SITE PLAN APPROVAL - KRT Property Holdings, Inc. - 1262 Boston Post Road -Block 407 Lot 192 Donald Mazin, of 1415 Boston Post Road, Larchmont, NY 10538, attorney for KRT Property Holdings, Inc. of 1262 Boston Post Road, appeared. Mr. Mazin said KRT Property Holdings, Inc. is getting a new tenant,Trader Joe's. Village Square Bagels is being moved over to create a bigger store for Trader Joe's. There has been food on the premises all of the time, and KRT is proposing to add a new access lane which would benefit the shopping center easing up the traffic with an additional lane dedicated to a right turn. Ms. Reader asked if KRT is widening the exit. Mr. Mazin said the exit is proposed to be widened,and asked if the Board had the revised plans which Mr. Mazin proceeded to discuss. Mr. Papazian asked if parking spots were being deleted. Mr. Mazin said some space will be lost, but 151 spaces is needed for the space and there are 152. Ms. Reader asked Mr. Mazin to define Trader Joe's. Mr. Mazin said Trader Joe's has a store in Eastchester. It is a unique store selling specialty foods at discounted prices. Planning Board October 8, 1997 Page 7 Mr. Papazian asked Mr. Mazin to explain how the stores will be relocated, at which time a discussion ensued regarding the relocation of the stores, the current existing stores in that location and the vacant square footage. Michael Markman,counsel for Kranzco Realty Trust, the parent company of KRT Property Holdings,Inc., appeared. Mr. Markman indicated the four stores that are currently open at that location, Pizza&Brew, Village Square Bagels, the pharmacy and the chocolate shop. Donald Toth, Regional Operations Manager, appeared and demonstrated on the plans before the Board where the stores will be located. Ms. Aisen said currently there are two lanes in the driveway. The proposed request makes it easier to leave but not easier to enter. The driveway cannot be seen until it is reached. There is no signage. Ms. Aisen does not see why KRT needs an extra lane for departure and not for entry. Mr. Markman said the reason for the proposed added lane for departure is that in the past the left-hand turn lane would create a lineup of cars that wanted to turn right. The proposed added lane will alleviate the lineup of cars. Ms. Reader said it is dangerous when cars come down the Post Road and make a right turn into the parking lot as cars are so close to each other. Mike Ogden, Project Engineer, from Langan Engineering and Environmental Services, Inc., said he will speak with Mr. Jakubowski for direction regarding alterations. Mr. Ogden said there currently is a depressed curb and with an additional lane a wider entrance will be created making it easier to spot. Dr. Mason asked Mr. Ogden to define the depressed curb, at which time a discussion ensued regarding the driveway, curb, sidewalk, etc. Mr. Ogden said handicapped ramps will be created on both sides. Ms. Aisen said when entering turning in from the other direction, the south, it is a clear conflict whether there are one or two lanes and cars are waiting to turn left. Couldn't that be avoided if the entry lane were between the left and right exit lane and asked if that is ever done. Mr. Ogden said it is done in England. Ms. Aisen said it is a problematic place. It is a very bad spot. Mr. Markman said they are trying to do what can be done. Ms. Aisen asked about entry on one side and exit on the other. Mr. Mazin said that would be a major problem because it is a drop-off for school children. It would also create problems because poles would have to be moved, there are sewer lines, etc. Dr. Mason said the applicant may not get another curb cut. Mr. Capicotto, the Consulting Engineer from Malcolm Pirnie, said there is also a site distance problem from the other side. A discussion ensued regarding opening the driveway 12 ft. to 15 ft. Ms. Aisen said the driveway is hard to see. Planning Board October 8, 1997 Page 8 Mr. Mazin said if the Planning Board makes a recommendation to the Board of Architectural Review, the applicant will be glad to discuss same. Dr. Mason said he would like to see the level of the parking lot dropped a little to get a sight line of the building. Ms. Reader said the application will go to the BAR for signage. The BAR are advisors to the Planning Board. Mr. Reader said a memorandum was sent from Malcolm Pirnie requesting more information. Mr. Capicotto said two items were requested; (1) dropping the curb, and (2) having more detail on the trench drain at the bottom of the ramp. Ms. Reader informed the applicant that what Malcolm Pimie has requested must be provided. Ms. Gallent asked whether the number of loading spaces is a pre-existing non-conformity. Mr. Mazin indicated that it is. Ms. Reader asked if there were any other comments from the Board to assist the applicant in preparation for the public hearing. There were no other comments from the Board. Ms. Reader said a referral will be made to the Westchester County Planning Board. Ms. Gallent said this is an Unlisted Action under SEQRA and will be referred to the Coastal Zone Management Commission (CZMC). Dr. Mason asked if the applicant has any thoughts about increasing the business, as it should be a good location. Mr. Markman said the property was purchased in 1992 from the original developer. There have been a lot of restaurants in that location that have had mixed success. Trader Joe's is a pro-active company, they do a lot of advertising and are doing very well in Eastchester. Trader Joe's will enhance the center and will be good for the community. People will frequent the shop which will help alleviate the visibility problems. The applicant would like to have more signage, but would like to exist within the Town Ordinances. Ms. Aisen said the other side of the driveway is the Nautilus Diner, and additional signage will obstruct the diner. Mr.Markman said Trader Joe's is a good business which brings in a lot of people and a good use for the shopping center, making it more stable. Dr. Mason said it is a good commercial piece of property whose potential has not been fulfilled. Dr. Mason said if the applicant has some thoughts to please share them with the Board. Mr. Markman said the quality of the tenant is substantially upgraded by putting in Trader Joe's and should make the location into a better piece of commercial real estate making it an asset to the community rather than an eye sore with all the vacancies. The extra lane, even though costly, is needed. Dr. Mason asked if there was any sense in flattening it out. Mr. Ogden said the area is probably solid rock. Planning Board October 8, 1997 Page 9 On a motion made by Dr. Mason and seconded, it was unanimously RESOLVED, that the application be, and hereby is, scheduled for a Public Hearing at the November 12, 1997 Planning Board meeting at 8:15 p.m. NEXT MEETING The next meeting of this Board will be held on November 12, 1997. ADJOURNMENT On a motion made and seconded by, the meeting was unanimously adjourned at 8:50 p.m. Marguerite R,9fma, Recording Secretary