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HomeMy WebLinkAbout1984_09_12 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD SEPTEMBER 12, 1984, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:30 P.M. ROLL CALL Present: Mr. Paul Kalos, Chairman Mrs. Mary Carlson Mr. Anton Schramm Mr. Emil Nicolaysen Mr. Sanford Bell Mrs. Caryl B. Mahoney Mr. Lester Bliwise Also present: Mr. Lee Hoffman, Jr. , Town Counsel APPROVAL OF MINUTES The minutes of the meeting of August 15, 1984 were presented and on motion made and seconded approved as submitted. APPLICATION FOR SUBDIVISION OF JOSEPH T. MALONEY (BERRINGER PROPERTY) FENIMORE ROAD - BLOCK 302 PARCEL 1 - BLOCK 304 PARCELS 1 and 58 - BLOCK 312 PARCELS 45 and 130 Mr. Kalos explained that the Planning Board is the Lead Agency for the SEQR process and that notices had been sent out to all the required parties and the only answer that had been received was from the Westchester County Planning Board. They stated they had no objection to the Town Planning Board being the Lead Agency. Mr. Kalos stated it would now be up to the Board to determine the type of action that the application would be classified. Mr. Campbell, the Attorney, who represents the applicant said from the Assessment Form they have completed the developer did not think any further study should be required. Mr. Campbell further said apart from the elevations on the property, the rock croppings, etc. he did not think it would affect anyone in the area and the property is unique. Mr. Campbell, also, said that he did not think it was an • area where there were swamps and all the lots are in full compliance with the zoning and no variances would be re- quired. Mr. Campbell stated that there was a drainage problem which was caused by a drain that had not been main- tained and they had cleared it out. Dr. Mason from the Conservation Advisory Committee said he was concerned because of the unique contours of the property and he hopes in the SEQR process they will make a careful study of how water will be handled. Over the years Dr. Mason stated he has been concerned of the runoff into the Sheldrake. AI OMr. Kalos questioned Mr. Hoffman as to just how much of r a study they could ask for and Mr. Hoffman said they could decide to have one or two items if they chose or they could require a study which considered all but one or two items. Mr. Kalos, also asked if they did not find it to be a Type I if it would be possible to still have a study. Mr. Hoff- man said the kind of area described by Mr. Campbell would be determined to be a Type I Action. Mrs. Carlson asked about some questions that had not been answered on the form and Mr. Morganroth said that if you put in the pipe are you really changing the drainage. Mr. Schramm said in order for the developer to get going they should accept a Type I Action and Mr. Kalos agreed. The Board then adopted the following Resolution: WHEREAS, Joseph T. Maloney (Berringer property) has submitted an application for a subdivision, and WHEREAS, the developer has conceded certain rock outcroppings on the premises, and several neighbors and the Town of Mamaroneck Conserva- tion Advisory Committee have informally indicated 0 that the property involved is a drainage basin, BE IT RESOLVED that this subdivision applica- tion be and hereby is declared to be a Type I Action for Seqra and Local Law No. 1 purposes, and the Secretary of the Town of Mamaroneck Planning Board is directed to forward the notices of this declaration to the appropriate agencies. REFERRAL FROM TOWN BOARD FOR RECOMMENDATIONS FOR APPLICATION FOR SPECIAL PERMIT - POWER TEST GASOLINE STATION - 2385 BOSTON POST ROAD - BLOCK 505 PARCEL 415 Mr. McDermott represented Power Test and said they wanted to add a convenience store. At the last meeting the Board had requested Mr. McDermott to supply them with additional information as to what they intended to carry in the store. Mr. Nicolaysen expressed concern about it turning into a hangout and said the station is located in an area of Town which he does not think would serve Town residents • but would be more for transients. Mr. Nicolaysen, also, said that there are two stores in the area that are open at night and would recommend against it. C Mr. Schramm said he agreed with Mr. Nicolaysen and said that he hoped Power Test will upgrade their building. A point was made by Mrs. Carlson that the Town Board should take steps to make sure that the neighbors are heard. Mr. Kalos pointed out that the reason the application is before them is a gasoline station is a Special Permit and C any changes in this type of operation requires an additional Special Permit but a retail store would be permitted in a Business zone. Mr. Kalos said he was in favor of the application but with strict limitations as to what could be sold on the premises and hours of operation. Mrs. Carlson said she thought it was an inappropriate use for that location and would like to hear what the neigh- borhood has to say. Mr. McDermott pointed out that in the original Special Use Permit they were allowed to have vending machines for soda, candy, cigarettes, etc. Mr. McDermott pointed out that the station has been closed and in order to make it successful this is a necessity. Mr. Bell and Mr. Bliwise both were concerned as to whether drinks would be served and it was pointed out that the Board could recommend that no alcoholic beverage be served. Mrs. Carlson and Mr. Nicolaysen were not in favor of grant- ing the permit and the other five members felt it should be granted with restrictions. After further discussion on motion made and seconded the Board decided on a vote of 5 in favor and 2 opposed the C following Resolutions be adopted: WHEREAS, the Planning Board at their meetings of August 15 and September 12, 1984 discussed the application of Power Test Gasoline Station for a Special Permit requesting permission to operate a self-service station and a mini mart, as referred to this Board, and have determined that said application is a Type 2 Action and no further SEQR proceedings are required. WHEREAS, at their meetings of August 15 and Sep- tember 12, 1984 discussed the application of Power Test Gasoline Station requesting permis- sion to operate a self-service station and mini mart, as referred to this Board, and do recom- mend that the Town Board approve the application but with the following recommendations: That no alcoholic beverages or fast food be served. That the hours of operation be restricted. That the Town Board take steps to make sure that the neighbors are heard. The Board went back to its discussion of the subdivision Cof the property on Fenimore Road and said they would have to determine how to handle the SEQR process. Mr. Campbell recommended that the drainage would have to be fully studied. Mr. Kalos said they would have to consider the issue of the limitation of the cul-de-sac and Mr. Morganroth pointed out that the drainage would be part of the design. Upon request from Mr. Hoffman, Mr. Campbell agreed that no time limits were running within which the Board was required to take further action. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:30 P.M. Rita A. Johnson, cretary