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HomeMy WebLinkAbout1990_09_12 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 12, 1990, IN THE COURTRD M, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK RECEIVED Present: Sanford A. Bell, Chairman ��l 11 Jerry R. Donatelli 1990 Steven R. Goldstein PATRICIA A. DiCI CCio RK Patricia Latona MAMARONECK Alan P. Murray N.Y. James J. Romeo Absent: Norma Jacobson Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC C. Alan Mason, CZMC Lisa Parella, Public Stenographer Carbone, Kazazes & Associates 225 Mt. Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:21 PM. 1. PUBLIC HEARING - SPECIAL PERMIT - A.M.P. Restaurant Corp. , d/b/a Augie's Restaurant 2417 Boston Post Road Block 505 Lot 446 Mr. Hoffman stated that a public hearing was being held without prior appearance before this Board as there was no change in operation only than a change of ownership and name. On motion by Mr. Goldstein, seconded by Mrs. Latona, 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 by Mrs. Latona, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. • September 12, 1990 -2- Philip Granitto, one of the owners of the restaurant and Secretary of the corporation, appeared on behalf of the application. He stated that there were no major changes to the interior of the restaurant and none to the exterior. There are no plans to serve food outside. Mr. Granitto sought permission to be open front 12:00 PM to 4:00 AM. and indicated that it was likely that Augies would close earlier on Mondays,. Tuesdays, and Wednesdays. Nearby residents had been duly noticed. No one from the neighborhood was in attendance. On motion of Mrs. Latona, 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 SEQRA. On motion of Mrs. Latona, seconded by Mr. Donatelli, the following resolution was unanimously adopted: WHEREAS, A.M.P. Restaurant Corp., d/b/a/ Augies Restaurant, has submitted an application for a Special Permit for use of the premises at 2417 Boston Post Road as a restaurant; and WHEREAS, the Planning Board determined that it was the Lead Agency for this action and determined that it was a Type II Action under applicable SEQRA regulations; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, Town Officials, the Consulting Engineer to the Town, and a Public Hearing having been held; NOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate a restaurant is granted to A.M.P. Restaurant Corp. for premises located at 2417 West 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 1 September 12, 1990 -3- adjacent properties due to the traffic generated by the said use, or the access of traffic from said use onto and off of adjoining 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 operations 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 values. 4) There are no zoning code violations on the property. B. Special Conditions 1) The restaurant shall be permitted to operate from 12:00 PM to 4:00 AM, seven days per week. 2) The restaurant operation shall comply with New York State alcohol beverage laws. 3) Signs installed shall conform with the Town of Mamaroneck sign law. 4) Entrance to the parking lot shall be at the curb cut closest to the building; exit from the parking lot shall be only at the curb cut farthest fruit the building. Arrows shall be painted in the parking lot to indicate said ingress and egress. 5) This Special Permit is subject to termination requirements in Section 89-53 of the Zoning Code of the Town of Mamaroneck. 2. CONSIDERATION OF SPECIAL PERMIT AND SITE PLAN APPLICATION - COLLISION TECUNOLCGTRS LTD. - 2430 Boston Post Road Block 513 Lot 421 and 3. CONSIDERATION OF SPECIAL PERMIT APPLICATION - Louis Vitiello 2430 B.Post Rd. Block 503 Lot 421 Donald Mazin, attorney, appeared for both applications along with the principals. He stated that formerly the site had housed three businesses operated by one man. There was an auto body shop on the lower level. A glass replacement business and sun-roof installation business shared the second floor. The new tenants seek approval to September 12, 1990 -4- operate a body shop on the first level and a tune-up, quick oil change and carburetor repair business on the second floor. Mr. Mazin stated the two business would share the parking spars. There would be "attendant" parking, and it is anticipated that very few cars would be parked overnight. The plan showed 17 spars. Mr. Romeo questioned the safety in using Spaces 1 and 2 as they were placed very near the Post Road. He stated that Space 32 was not viable as it was at the entrance to the garage. Mr. Mazin stated that the auto shop would service 4 to 5 cars at a time and would pick up said cars away from the site. The lube business, which is a franchise called Oil, Tune and Lube, could handle 1 to 5 cars an hour. It will have 3 movable lifts. It is proposed that oil frum the lubP business would be removed front the site by a hauler registered with the EPA. The installation of the oil would be through a pipe. Members.of the ' Board expressed a preference for oil separators. Mr. Mazin stated that these usually cost about $25,000, and that his clients were small businessmen. The applicants stated that oil spills were a safety hazard and that they are immediately removed with a special solvent. The site is very close to the Premium Marsh which is a Critical Environmental Area. Mr. Mason reminded the Board that the State is currently spending $600,000 to clean said the Premium River. Robert Hohberg, water consultant to the Conservation Advisory Commission, had done some testing in the area of the nearby paper Van Gilder Street. Mr. Goldstein asked Ms. Ng to provide the results of Mr. Hohberg's tests. Mr. Contreras, one of the principals in the body shop, had procured a license for the spray painting booth. Mr. Romeo stated that a permit for the existing exhaust fan was required also. Mr. Hoffman stated that part of the site lies in the Village of Larchmont, and this Board will want a sign-off from its Boards. Mr. Mazin stated that Mr. Jakubawski, the Town Building Inspector, had contacted the Village. The Board and its consultants asked for a plan which would show neighboring properties and municipalities and for topographic information. Mr. Mazin stated that he would provide photographs. Permission was granted for visits from the Board. The body shop is currently in operation. On motion of Mrs. Latona, 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 FUG RESOLVED that this is an Unlisted Action which may have a significant effect on the environment as determined by New York State Department of Environmeental Conservation or corresponding local law. September 12, 1990 -5- On motion of Mr. Romeo, seconded by Mr. Donatelli, it was unanimously RESOLVED that this matter by referred to the rnastal Zone Management Commission for environmental review. 4. CONSIDERATION OF SEQRA - TEN GRAND, INC. - Boston Post Road & Weaver Street Block 410 Lots 463, 310,321,332,338 Richard J. Rheaume, P.E. , appeared for the application. Also present were Salvatore Pepe, agent for the owners, and Fred Coleman, architect. Ten Grand and Finast seek to make an addition to the food store in the shopping center. Mr. Rheaume demonstrated a plan of the proposed parking lot. A strip of land flan the former auto dealership and the residential lot on the northeasterly portion of the site would be utilized to gain the parking spares lost with the addition. That part of the lot in front of the other stores in the center would be redelineated with islands, planting, and signs and arrows. Mr. Rheaume stated that the Town's tree ordinance would be followed. Those trees felled from the residential lot would be moved and/or replaced. Mr. Rheaume proposed planting shade trees in the parking lot which, he maintained, shoppers prefer. A screen of evergreens would be planted near a large oak at Ferndale Place. Mr. Rheaume stated that the State had verbally said that no new permits would be needed concerning traffic on US 1 and Route 125 (Weaver Street) . He will submit written confirmation to this Board and is awaiting accident information flout the Town Police Department. The plan showed a new fence at the neighboring Central School and a walkway to Weaver Street. Mr. Rheaume suggested that, as the sidewalk is on the other side of the street, a crossing guard could be stationed there rather than at the exit to the lot on Weaver Street. He stated that there would be a 300 foot sight line on Weaver Stret towards Palmer Avenue if this crossing area were used. Mr. Rheaume stated that the new plans call for the trash compacter to be moved. A new type of compactor would be installed which would better control leakage of leachate. He also agreed that the two companies will currently enforce a new procedure for early morning deliveries. Personnel in the store before it opens will tell drivers to park/idle their equipment in that part of the parking lot bordering the Post Road. Mr. Rheaume stated that the developer would like to change the grade of the lot as shoppers have difficulty maneuvering heavy carts. An easement exists within the properties under consideration. Mr. Rheaume stated that the Westchester Joint Water September 12, 1990 -6- Works might request that its pipes be adjusted as to depth within the easement area. There are 36" pipes there now. Mr. Mason stated that water can collect in the lot given the condition of a high tide during a bad storm. It was pointed out that the property is close to a Critical Environmental Area - the Hammocks Marsh. Mr. Rheaume stated that the companies would install 5 modern catch basins within the parking area which will separate oil from the storm water. Mr. Bell stated that while the concept of remodeling the store might be a good idea, there were several issues to be addressed. They were: 1) Do we want a Central Avenue look to our Town?, 2) Do we want commercial encroachment in an area identified by the Master Plan - a written policy - as a fragile area. When Mr. Hoffman stated that it might be possible for an accommodation to be made concerning the number of parking spaccs, Mr. Rheaume stated that the food industry, too, has standards for the number of spar per size of the store. The proposed addition would put the store in the low 40,000 square foot range. ( A "super store" is 55,000 square feet.) Mr. Murray stated that this Board is concerned with the the effect upon the community not the benefit to the food store. Mr. Rheaume demonstrated an alternative plan which eliminates 16 parking spaces and uses less of the residential lot. Several people suggested that the companies could use the commercial area of the former auto dealership for more parking or expand the store within the current building by buying out the lease of the other store/stores. In attendance were several neighbors of the shopping center. Those who spoke were Steven Kronenberg, 66 Howell Avenue, and Gordon Oppenheminer, 50 Howell Avenue. They: 1) questioned actual number of spares to be provided; 2) pondered whether the use of the Hory property would effect its eventual use; 3) stated that the left-turn egress from the southerly exit onto Route 1 causes a traffic jam within the parking lot; 4) expressed concern about the safety of moving the egress to Weaver Street closer to Palmer Avenue as there is a blind corner with the curve and hill; and 5) wondered what effect the truck bay placement would have on sewer pipes under the easement. It was felt that with so many schools in the neighborhood of the shopping center children will be in the parking lot whether or not there is a fence and sidewalk. Mr. Trachtman stated that using coniferous tees would provide more screening for the neighbors; Mr. Rheaume stated that shoppers prefer shade trees. Mr. Goldstein reminded those in attendance that there is a new federal law concerning acr'ss for the disabled. Mr. Hoffman stated that the applicants should submit information to supplement the Environmental Assessment Form addressing the concerns raised by. this Board and may want to reconsider requesting the major ■ September 12, 1990 -7- variances that are necessary. He stated that one concern of this Board is the evaluation of alternatives to using the residential zone for commercial purposes. On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that this Board hereby sets Wednesday, October 10, 1990 at 8:15 P.M. as the date and time for an opportunity for public comment on the record on the application of Ten Grand, 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. APPROVAL OF MINUTES On motion of Mr. Romeo, seconded by Mr. Goldstein, the minutes of the meeting of August 9, 1990 were approved as corrected. On motion of Mrs. Latona, seconded by Mr. Donatelli, the minutes of the meeting of June 13, 1990 were approved. • ADJOURNMENT On motion of Mr. Goldstein, seconded by Mr. Murray, the meeting was adjourned at 11:35 PM. igfrierkt.J The IGG dd Bonnie M. Burdick