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HomeMy WebLinkAbout1988_04_13 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK APRIL 13, 1988, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Anton Schramm, Temporary Chairman Patricia Latona James Romeo Gaetano Scutaro Absent: Lester Bliwise Norman Cannon Also Present: Stephen V. Altieri Town Administrator Lee A Hoffman, Jr. Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Gerald Milani, Public Stenographer J&L Reporting Service 180 Post Road White Plains, NY Bonnie M. Burdick Recording Secretary CALL TO ORDER In the temporary absence of Chairman Bell, Mr. Schramm called the meeting to order at 8:33 P.M. 1. PUBLIC HEARING - SPECIAL PERMIT M.L.S. , Inc. 2417 Boston Post Road Block 505 Parcel 446 On motion of Mr. Romeo, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Public Stenographer was present for the hearing, and his transcript will become a permanent part of the record. April 13, 1988 -2- On motion of Mrs. Latona, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. The Board was not willing to grant a special permit for two years. It was willing to allow the erection of a tent or an installation of an outdoor cafe as an experiment for one year on a similar basis to the permission given last year. This year the hours may be extended to 12 P.M. On motion of Mrs. Latona, seconded by Mr. Scutaro, the following resolution was unanimously adopted: WHEREAS, M.L.S. , Inc. has, by M. Stefanelli, submitted an application for a special permit, pursuant to Section 89-38 through 89-53 of the Zoning Code of the Town of Mamaroneck, for authorization to serve food and drink in the parking lot of the applicant's restaurant, and also for authorization to erect a tent over the serving area; and WHEREAS, this Board has previously determined that this is a Type I action; and WHEREAS, this Board has been informed by the Coastal Zone Management Commission that no action is required by it at this time because the activity incorporates the recommendation made by it on a similar application in 1987; and WHEREAS, a public hearing was held, pursuant to notice, at a meeting of this Board on April 13, 1988, NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The proposed use is in general harmony with the surrounding area and will not adversely impact on adjacent property; 2. The operations in connection with the Special Permit Use will not be more objectionable to nearby properties and would be the operations of any permitted une not requiring a special permit; 3. The proposed special permit will be in harmony with the general health, safety and welfare of the surrounding area; 4. There are no existing violations of the Town of Mamroneck Zoning Ordinance on the property which is the subject of this application; April 13, 1988 -3- 5. The applicant has consented on the record to all conditions imposed in granting this Special Permit; BE IT FURTHER RESOLVED, that the application for this Special Permit be, and hereby is, granted, subject to the following terms and conditions: 1. The tent shall be a tubular rigid frame tent; 2. The food'and beverages may be served in the tent between the hours of 11:30 A.M. and 12:00 P.M. only, and the tent shall be vacated no later than 12:00 P.M. 3. The applicant shall block the driveway closest to the building with a lighted chain and pots containing plants; 4. The tent shall be taken down and removed from the site no later than October 1, 1988, and the area shall not be used for the service of food and drink after October 1, 1988; 5. This area is for the service of food and beverages only, and no cooking or live music will be permitted in the tent; 6. The applicant shall paint ingress and egress arrows and a dividing line in the existing driveway leading to and from Boston Post Road; 7. The applicant shall in all other respects comply with the sketch plans submitted with the application; 8. The erection of the tent is subject to approval from all other necessary agencies, including but not limited to the New York State Building Code Variance Commission; 9. This Special Permit shall expire on October 1, 1988. In the event the applicant wishes to re-erect the tent for the 1989 outdoor dining season, the applicant must re-apply for a new Special Permit. The Planning Board shall have the right to take into account the experience of this limited Special Permit granted herein in evaluating applications by this applicant for Special Permits for the same use in the future. April 13, 1988 -4- 2. PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT Town of Mamaroneck - Gardens Lake Lakeside Drive Block 215 Parcel 518 The Board discussed the ramifications of the proposed dredging. If said dredging were not done, the lake would fill up, be smelly, and no longer act as a sedimentary basin. } The Board favored dredging. On motion of Mr. Scutaro, seconded by Mrs. Latona, it was unanimously decided to ask Mr. Hoffman to draft a memo from the Planning Board to the Town Board stating the Board's concerns and suggesting conditions for the dredging. ***** 3.APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Mr. and Mrs. K. Swan 7 Bonnie Briar Lane Block 222 Parcel 546 Mr. Swan appeared on behalf of his application. He wanted to replace a worn-out deck with one that was considerably larger. His property borders on a stream and is in a critical environmental area. On motion of Mr. Schramm, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action has a significant impact on the environment. Further, on motion of Mr. Schramm, seconded by Mr. Scutaro it was unanimously RESOLVED, that this is a mandatory Type I action requiring referral to the CZMC for review. And, thereafter, on motion of Mrs. Latona, seconded by Mr. Romeo, it was unanimously RESOLVED, that this matter be set down for a Public Hearing at the next meeting on May 11, 1988. ***** April 13, 1988 -5- 4. CONSIDERATION OF SPECIAL PERMIT APPLICATION Automotive Service Enterprise, Inc. 5 Fifth Avenue Block 132 Parcel 609 Richard Castellano appeared in favor of the application. The Board questioned him about his plans to do body work at his gas station. Mr. Hoffman told Mr. Castellano that he needed to submit 15 sketches of his plans. Mr. Castellano also will need to submit a list of property owners within 300 feet of his property. 5. CONSIDERATION OF SUBDIVISION APPLICATION John W. Kluge Beach Road - Premium Point Block 508 Parcels 1 & 30 Geoffrey Young, attorney, appeared. He explained that Mr. Kluge no longer wants to add on to his house but that he wants to divide his property. One lot would be undersized - 34,4000 square feet. The Board felt that the request was more a zoning one, but, to speed the process, decided to refer the matter to CZMC. Therefore, on motion of Mrs. Latona, seconded by Mr. Scutaro, it was unanimously RESOLVED, to refer this matter for review to the CZMC. APPROVAL OF MINUTES On motion of Mr. Schramm, seconded by Mr. Romeo, the minutes of the meeting for February 10, 1988 were approved with minor corrections. Mrs. Latona abstained as she was absent from the meeting. On motion of Mr. Romeo, seconded by Mr. Scutaro, the minutes of the meeting of March 9, 1988 were unanimously approved with minor corrections. ADJOURNMENT The meeting was adjourned at 10:35 P. M. 130141.4.4, AwAtieed Bonnie M. Burdick Recording Secretary