HomeMy WebLinkAbout1997_07_01 Zoning Board of Appeals Minutes •
MINUTES OF THE SPECIAL MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
JULY 1, 1997, IN THE COURT ROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Thomas E. Gunther, Chairman
Patrick B. Kelleher
Jillian A. Martin \12
J. Rene Simon
Arthur Wexler C�i
RECEIVED
Susan Sturino, Public Stenographer _1 SEP 23
Terranova, Kazazes & Associates, Ltd. �3 PAtR�CiA 1997
49 Eighth Street TOWN C ERK��,
New Rochelle, New York 10801 M^MONECK
Marguerite Roma, Recording Secretary TC lT i
CALL TO ORDER
The meeting was called to order by Chairman Gunther at 7:50 p.m.
Ms. Roma said the court reporter is present to record specifics of the meeting if needed by the Board.
Mr. Gunther said the special meeting was called to review the proposed amendments to the Town of
Mamaroneck Zoning Ordinance relating to the regulation of food related retail establishments and hours
of operation for retail establishments and called upon Mr. Alfieri, the Town Administrator, to proceed.
Mr. Altieri said the meeting should be kept informal and introduced Vincent Ferrandino, of Ferrandino &
Associates Inc., the company that prepared the report, and Charlene Indelicato, the Town Attorney. Mr.
Alfieri said the Town Board has spent the last couple of months reviewing the Zoning Ordinance as it
relates to restaurants, food retail establishments and the hours of operation of business establishments
generally. There has been a concern that the Boston Post Road has become a very sensitive corridor in
the Town of Mamaroneck in that it is bordered by the Hommocks School, Central School, the Town's
primary recreational facility bordering the Boston Post Road corridor and it has seen an increase in use in
recent years. The Town is concerned about the proliferation of food related businesses and Ferrandino &
Associates prepared a report and drafted the proposed ordinance to control those uses along the Boston Post
Road. The proposed ordinance is less restrictive than the previous ordinance, in that the existing ordinance
does not allow for fast-food establishments. The proposed ordinance does provide for fast-food
establishments without drive-thru in the Service Business zone. Mr. Altieri then called upon Mr.
Ferrandino to give a brief presentation of the report submitted.
Mr. Ferrandino said study included the existing situations in the Town of Mamaroneck with respect to fast-
food restaurants, convenience stores, take-out establishments, delicatessens, a host of food related retail
establishments and to provide specific definitions of the uses. The definition aspect is critical, in that the
building inspector, while having some discretion, has some backing. The proposed ordinance and
definition aspect was culminated from a number of other ordinances from municipalities that are similar
to the Town of Mamaroneck. There will be a limitation on proliferation of fast-food restaurants,
convenience stores, delicatessens, take-out establishments. Distance parameters were established to control
that. Based upon field work and the research done, a distance separation of 300 ft. was determined to be
reasonable; i.e. not more than one fast-food restaurant within 300 ft. not only of another fast-food
restaurant, but within 300 ft. of a take-out establishment or convenience store to limit traffic that will
accrue from the uses. In the report prepared both existing and potential adverse environmental impact that
Special Zoning Board
July 1, 1997
Page 2
will be mitigated with the proposed ordinance was addressed. Special permit provisions will allow these
ucs under certain conditions and will allow the Town Board to look at each situation as it comes before
the Board. Also provided was a site plan review for certain changes in existing fast-food establishments.
Mr. Wexler made reference to Section 4, page 44, Pre-existing Foot-Related Business, which states any
existing food-related retail business which has regularly conducted business activities prior to the effective
date of this local law shall be exempt from this local law.
Mr. Ferrandino said any existing use will be grandfathered.
Mr. Wexler said using the word exempt should be clarified.
Ms. Indelicato said it will be reworded.
Mr. Gunther made reference to page 16, Section 2.4 Review of Relevant Case Law, the bottom paragraph,
the last sentence, and asked that be addressed; i.e. The regulation of"multi-franchise" fast-food restaurants
in a single stand-alone establishment is new regulatory territory that has yet to be charted (no case law)
based on our research to date. Mr. Gunther asked what was the implication.
Mr. Ferrandino said when using the term franchise they were looking for a term to describe the situation
when there is an existing fast-food restaurant serving one line of food; i.e. Kentucky Fried Chicken, that
at some point will try to bring in another line of food; i.e. Taco Bell. If that change occurs a site plan
review will be suggested to open the issue regarding traffic, etc. to determine whether or not as a result
of this dual franchise this should be subject to public scrutiny and review. The Board is concerned and
should be protected in regard to such franchises.
Ms. Indelicato said multi-franchise is a term made, a provision for different companies within the same
area; i.e. food court. Home franchise, McDonald's for instance, is a term that may or may not be
franchises. If another entity comes in the probability that they would need storage space, cooking facilities
the expansion would have an impact on the neighborhood. At this point the Town cannot get a definition
on it.
Mr. Gunther said he appreciated the amount of work that has been presented. Mr. Gunther referred to
page 26, under Proposed Criteria for Food-Related Retail Special Permit Regulations and Hours of
Operation of Retail Uses, and said the 300 ft. separation, in looking at the document as a whole and what
is going on in other locations, seemed minimal. In terms of where the Town is, not taking a more
aggressive role in terms of managing the density and traffic congestion already present, would not make
a significant change.
Mr. Ferrandino said various combinations were reviewed, but there is not much vacant available land. If
500 ft. is more reasonable, it will be looked into. Ferrandino & Associates tried to be reasonable and
looked into separation regulations other communities were using. The 300 ft. separation is a combination
of all the factors considered.
Mr. Indelicato discussed the traffic matter and said many of the stores do not generate much traffic.
Mr. Gunther asked why there was a no drive-thru restriction.
Mr. Ferrandino said that was a policy of the Town Board, as a drive-thru exacerbates traffic in and out.
This is an effort to cut down as much as possible on traffic, and by eliminating a drive-thru it will
contribute to cutting down traffic.
Ms. Martin said the McDonald's drive-thru is a hazard on the Post Road.
Mr. Gunther said on the same page 26, under supermarkets, the minimum lot size shall be 3.5 acres. The
Special Zoning Board
July 1, 1997
Page 3
Stop & Shop store in Town is a 35,000 sq. ft. store. In the report submitted it states the average
developers are looking for a 50,000 sq. ft. range. After discussing previous conditions of Stop & Shop,
Mr. Gunther suggested that the calculation of acreage for supermarkets not be a set number but be based
upon the size of the store creating a formula to deal with adequate parking of a specific size. The Town
Zoning Law does have a section for parking, but it does not state the average for parking.
A discussion ensued regarding adequate parking at Stop & Shop.
Mr. Wexler asked how the closing time of 1:00 a.m. was decided. When Stop & Shop appeared before
the Zoning Board for a variance, the Board agreed to an 11:00 p.m. time of closure. Since that time, Stop
& Shop has been opened greater hours. Mr. Wexler asked why these places should be opened longer.
Mr. Ferrandino said there are no regulations with respect to hours of operation, etc. Other towns were
reviewed regarding their regulations which ranged from 5:00 a.m. and 2:00 a.m. Ferrandino Associates
is suggesting the stipulation reflects all retail establishments. The issue is to limit adverse impact on
adjoining residential neighborhoods. Ferrandino & Associates tried to establish a standard that provides
all retail establishments.
Mr. Wexler said the report makes it clear the Town has a very unique set of conditions in that all of the
establishments abut residential property, and that Ferrandino makes a requirement that the enclosure should
be no closer than 25 ft. from the properties. At 2:00 a.m. in the morning discarding garbage in a metal
container is not pleasurable and Mr. Wexler feels it is a horrendous impact on the residential community.
Mr. Altieri said at the present time a restaurant can be open 24 hours a day. The only way hours of
operation can be controlled are by conditions set by the Planning Board and possibly the Zoning Board,
which can lead to inconsistencies.
Mr. Wexler said why not make the closing 11:00 p.m. or 12:00 p.m. rather than 1:00 a.m., due to the
fact that most of the fast-food or food establishments abut residential homes that will create a negative
impact. In some specific instances some establishments will not have a negative impact.
Mr. Ferrandino said any existing establishments will be grandfathered.
Ms. Indelicato said the Town has no control over hours of operation regarding bar establishments.
A detailed discussion ensued regarding the hours of operation of retail establishments, the enforcement of
same and the conditions of variances granted. The Board recommended 12:00 p.m as the closing hour of
operation.
Mr. Wexler referred to page 7 which states, the trip generation rates for food-related retail land uses is
much greater than other land uses and they generate higher traffic volumes. Looking at the chart above
that statement, the convenience store generates greater trips than fast-foods. Mr. Wexler also referred to
the chart on page 8, Table 2 - Parking Generation, stating fast-food restaurant and restaurant figures are
so close when the trip generation is almost ten times that.
Mr. Ferrandino discussed the difference between fast-food restaurants and sit-down restaurants and stated
the numbers used were not created but are taken from the National Standards.
Mr. Wexler said the Town's businesses are small compared to the two adjoining communities.
Mr. Ferrandino said the object was to show the differential between other types of retail.
Mr. Wexler asked Mr. Ferrandino to define take-out food and take home restaurants, which Mr.
Ferrandino did.
Special Zoning Board
July 1, 1997
Page 4
Mr. Ferrandino said the definitions established were intended to be all inclusive.
A discussion ensued regarding high-end and low-end take-out food and take home food establishments
which included traffic patterns and the possibility of a negative impact or positive impact.
Ms. Indelicato said there is no way of defining high-end and low-end restaurants.
Mr. Gunther referred to page 10, where it refers to adverse aesthetic impact. An example used states the
Town could use its existing Architectural Review Board as a review and monitoring mechanism. On page
43 there is text under Board Action that basically says the same thing. Mr. Gunther asked Mr. Ferrandino
if Ferrandino Associates might want to consider directing the aesthetic impact of these types of
establishments in general; i.e. any establishment. Mr. Gunther said he did not know if the Sign Law
adequately covers aesthetic impact. Mr. Gunther said the Zoning Board has reviewed various applications
and reports that have been sent to other boards questioning how the boards have dealt with certain sign law
applications.
A discussion ensued regarding page 43, #6, Standards for Board Action: imposition of conditions.
Ms. Indelicato said what is stated is a statement of authority.
Mr. Ferrandino said the intent is to go beyond the standard code regarding fast-food establishments; i.e.
signage. If it is omitted, the report will not be addressing the adverse aesthetic impact that fast-food
establishments will have on the community.
Mr. Gunther asked if the Town is being strong enough.
Ms. Indelicato said probably not, at which time a discussion ensued regarding food related retail
establishments and problems that might occur regarding hours of operation in the future.
Mr. Wexler asked if the Town restricts commercial garbage pickup.
Mr. Altieri said there are no restrictions on commercial garbage pickup, but the Town does operate under
the Noise Ordinance which prohibits machinery and trucks from operating between the hours of 8:00 p.m.
to 8:00 a.m.
Mr. Wexler said something should be put into the ordinance that stipulates the hours of operation for
pickup of garbage even though it is covered under the Noise Ordinance.
Ms. Martin referred to page 44, and asked for clarification about the one (1) year time period for
discontinuance of a use which also appears in other places in the report.
Ms. Indelicato said if the business is abandoned the landlord has one year in which to find a similar
replacement, which is the normal time period that exists.
Mr. Wexler referred to page 18, Schools and Day Care Centers and asked how the 350 ft. separation was
derived.
Mr. Ferrandino said existing fast-food establishments were reviewed.
Mr. Simon questioned the existence and operation of Lucky Wok which is so close to Augie's Restaurant
and the Diner.
Mr. Altieri said Lucky Wok most likely met the requirements of the Zoning Ordinance and the Health
Department, and at this point in time there is no separation requirement.
Special Zoning Board
July 1, 1997
Page 5
Mr. Wexler referred to page 41, (8)(a), and asked if the word nearest can be added before the text, lot
line.
Mr. Ferrandino said that can be addressed.
Mr. Wexler asked why, if someone is changing signage, would it have to go to site plan approval.
Ms. Indelicato said that was adopted to address multi-franchises, at which time a discussion ensued
regarding same.
Mr. Ferrandino said site plan approval was adopted to establish more control.
A discussion ensued regarding signage going to the BAR and Planning Board, and the possibility of
creating more difficulty for the applicant.
Mr. Ferrandino said on page 41, number (8), only applies to fast-food restaurants, take-out food
establishments, theoretically problematic uses.
Ms. Martin referred to page 41 (8)(e)which states any proposal for a new or expanded business, and asked
if a sign was being changed to get a more elegant sign that wouldn't theoretically be a new or expanded
business because the sign is being changed then this provision would not apply in that instance.
Mr. Ferrandino said the word expanded is being used very liberally. Every name change would not come
under site plan review if nothing else happens.
Mr. Wexler said since the Town's business district borders the residential area in almost all instances and
the garbage refuse would be 25 ft. minimum from the property line of a residential area, why shouldn't
the garbage be picked up every day.
Mr. Ferrandino said the ordinance can become more restrictive.
Mr. Altieri said consideration is being given, by both the Town and the Village, to the laws regarding
garbage collection which are silent as to who collects what. At the present time there is municipal
collection for some of the commercial garbage. A burden could be imposed upon the municipal
government.
Mr. Wexler said Ferrandino & Associates is addressing the fact that these places are nuisances, whether
aesthetically, debris, traffic, and the general public should be saved from that. Garbage sitting in a
container, so close to the residential area, from a food establishment is really horrendous especially during
the warm months of the year.
Mr. Altieri said it depends how the restaurants handle their garbage; i.e refrigerated or not.
Mr. Wexler said that should be stated.
Mr. Altieri said once the quantity of garbage to be picked up by the municipal government is clarified, the
practice to be used can be better defined.
Mr. Gunther asked Mr. Ferrandino if he had heard of a chain called Dave & Busters, a restaurant in the
southwest, serving food and healthy adult entertainment/games; i.e. pool tables, video games, dart boards,
which generally has very large square footage of space and asked where that would fit under the
categorization of food related establishments.
Mr. Ferrandino said if would depend on how the food is served.
Special Zoning Board
July 1, 1997
Page 6
Ms. Indelicato asked Mr. Gunther about the particulars of Dave & Busters.
Mr. Gunther was not quite sure of the particulars, but said some of the Dave & Busters are more of an
entertainment establishment and some are more food oriented.
Mr. Ferrandino said if Dave & Busters came to town, it would be treated as a restaurant and permitted.
Mr. Gunther asked if there were any other questions from the Board. There being none, he thanked Mr.
Ferrandino for his attendance and review of the report.
Mr. Ferrandino said there is a continuation of the Public Hearing at the Town Board meeting tomorrow
evening and the comments made this evening will be helpful.
Mr. Altieri said the hours of operation has already been mentioned in letters to the Town Board, and the
issues raised are noted.
Mr. Gunther said it is wonderful that the Town Board has reached out, not only to the Zoning Board, but
to other boards as well seeking input from as many groups as possible.
Mr. Altieri said the Town Board feels this is a major change in the Zoning Ordinance and input from all
concerned would be beneficial.
ADJOURNMENT
The meeting was adjourned at 9:00 p.m.
71/1/4// / 1.k-k.
Margu to Roma, Recording Secretary