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