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HomeMy WebLinkAbout1991_10_09 Planning Board Minutes (2) MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK OCTOBER 9, 1991, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry R. Donatelli David J. Freeman Norma Jacobson Patricia Latona Alan Murray Absent: James J. Romeo Also Present: Lee A. Hoffman, Jr. , Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Lisa Parilla, Public Stenographer Kazazes and Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:21 PM. PUBLIC HEARING - SPECIAL PERMIT APPLICATION - Mark and Bob Car Wash 2434 Boston Post Road Block 503 Lot 326 On motion of Mrs. Latona, seconded by Mrs. Jacobson, 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 become a permanent part of this record. On motion of Mrs. Latona, seconded by Mr. Jacobson, it was unanimously RESOLVED, that this Public Hearing be, and hereby is, declared closed. Patricia Rafter, attorney, appeared. She stated that a new permit was being sought as the ownership has changed. The new owners are aware of the restrictions of the previous Secial Permit and are prepared to abide by them. On motion of Mr. Donatelli, seconded by Mrs. Jacobson, the following resolutions were unanimously adopted. October 11, 1991 -2- WHEREAS, Mark and Bob Car Wash has submitted an application for a Special Permit for the use of premises at 2434 Boston Post Road as a car wash; and WHEREAS, the Planning Board has conducted and completed proceedings pursuant to SEQRA; and WHEREAS, the Planning Board has rey.ited all submissions by and on behalf of the applicant, Town Officials, the Consulting Engineer to the Town and has reviewed the actions of the Zoning Board of Appeals with respect to this application, and a Public Hearing having been held; NOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate a car wash facility is granted to Mark and Bob Car Wash for premises located at 2434 Boston Post Road, subject to the terms and conditions set forth below: A. Findings Subject to the conditions set forth in this Resolution, the Planning Board finds: 1. That the proposed use is in general harmony with the surrounding area and does not adversely impact on the adjacent properties due to the traffic generated by the said use, or the access of traffic from said use onto and off of adjoning streets. 2. The operations in connection with the Special Permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operions of any permitted use not requiring a Special Permit. 3. That the proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area, and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property varlues. B. Special Conditions 1. No gasoline shall be sold at the site. 2. The triangular planting areas in the rear of the premises (adjoining the residential site to the west) V October 11, 1991 -3- shall be ten feet (10' ) by fifteen feet (15' ). 3. Hours of operation shall be from 7 AM to 8 PM Monday through Saturday and 8 AM to 6 PM on Sunday. 4. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 5. All lights, except for security lighting, shall be turned off at the close of business. e. 04 6. 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. 7. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 8. 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' ), limitation on size of the pole sign on front of the premises, on the "menu" sign at therear 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. 9. This Special Permit is subject to the termination requirements of set forth in 89-53 of the Zoning Code of the Town of Mamaroneck. ADJOURNED PUBLIC HEARING - SUBDIVISION APPROVAL - Mr. and Mrs. P. McCarthy 26 Bonnie Way Block 104 Lot 52 On motion of Mrs. Latona, seconded by Mr. Donatelli, 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 become a permanent part of this record. On motion of Mrs. Latona, seconded by Mr. Jacobson, it was unanimously RESOLVED, that this Public Hearing be, and hereby is, declared adjourned. This application had been to the CZMC again, and it had determined that there would be a way to handle the runoff by dry wells or an alternative October 11, 1991 -3- shall be ten feet (10' ) by fifteen feet (15' ). 3. Hours of operation shall be from 7 AM to 8 PM Monday through Saturday and 8 AM to 6 PM on Sunday. 4. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 5. All lights, except for security lighting, shall be turned off at the close of business. 6. 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. 7. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 8. 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' ), limitation on size of the pole sign on front of the premises, on the "menu" sign at therear 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. 9. This Special Permit is subject to the termination requirements of set forth in 89-53 of the Zoning Code of the Town of Mamaroneck. ADJOURNED PUBLIC HEARING - SUBDIVISION APPROVAL - Mr. and Mrs. P. McCarthy 26 Bonnie Way Block 104 Lot 52 On motion of Mrs. Latona, seconded by Mr. Donatelli, 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 become a permanent part of this record. On motion of Mrs. Latona, seconded by Mr. Jacobson, it was unanimously RESOLVED, that this Public Hearing be, and hereby is, declared adjourned. This application had been to the CZMC again, and it had determined that there would be a way to handle the runoff by dry wells or an alternative October 11, 1991 -4- method. The CZMC deferred to Mr. Trachtman. Neighbors of Mr. McCarthy complained about the speed of the process and questioned the percolation rate. They were Bob Lindsay, 23 Bonnie Way; Mark Ladner, 30 Bonnie Way; Edward Hinden, 21 Bonnie Way and Barry Dichter, 32 Bonnie Way. Mr. Trachtman pointed out that it would be necessary to find out when Mr. McCarthy's engineer did the perc test. It was agreed that more information was needed about the rate of runoff from the proposed drywells. With the consent of Mr. McCarthy, on motion of Mr. Murray, seconded by Mr. Donatelli, this matter was adjourned to the next meeting. CONSIDERATION OF SPECIAL PERMIT APPLICATION - THAI TAKE OUT, INC. 2423 Boston Post Road Block 505 Lot 463 Paul Donohue, attorney for the applicant, appeared. He stated that the take-out would be a special use not allowed in an SB District. The applicant has received permission for a new sign from the B.A.R. On motion of Mr. Freeman, 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. On motion of Mr. Freeman, seconded by Mr. Murray, it was unanimously RESOLVED, that this Board hereby sets Wednesday, November 13, 1991 at 8:15 PM as the date and time for a Public Hearing on the application of Thai Take Out, Inc. ; and be it FURTHER 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. FURTHER CONSIDERATION OF SEQRA AND SUBDIVISION APPLICATION - R. DIFORIO 707 Weaver Street Block 102 Lot 181 William Maker, attorney, and Eliot Senor, land surveyor, appeared with Mr. Diforio. Mr. Senor reiterated the facts: Two houses would be build with a common driveway access which will not require blasting, and runoff would be contained in a retention pipe. He stated that traffic onto Weaver Street would not be difficult as there are long sight lines and that the Fire Department approved the design of the cul-de-sac. Mr. Senor stated that the number of trees to be cut would be minor, and Mr. Diforio reminded the Board that he would continue to live there and that the trees made his property special. October 11, 1991 -5- Mr. Trachtman had been in touch with the Westchester County Health Department about the coliform count. As soon as the Town requests a study, it will investigate. There was an extended discussion about the difficulty of turning off Weaver Street on to Arrowhead Lane. The applicant will investigate the possiblity of widening the entrance to Arrowhead Lane to improve ingress and eggress. Mr. and Mrs. Noy of 4 Lakewood Lane, David Paley of 705 Weaver Street, and Edgar Lehman of the Friends of the Reservoir spoke. They deplored the plans to build and the removal of trees. The neighbors also challenged the ability of the planned pipe to slowly disperse water during a large storm. The applicant agreed to provide more information about the trees, access to and from Arrowhead Lane and the runoff. Mr. Bell adjourned the matter until the next meeting. APPROVAL OF MINUTES On motion of Mr. Murray, seconded by Mrs. Jacobson, the minutes for the meeting of September 11, 1991 were approved. ADJOURNMENT On motion of Mr. Murray, seconded by Mrs. Laton, the meeting was adjourned at 11:15 PM. 6091444.; H. Bonnie M. Burdick