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HomeMy WebLinkAbout1985_08_14 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD AUGUST 14, 1985, 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 8:48 P.M. ROLL CALL Present: Mr. Sanford Bell, Chairman Mr. Emil Nicolaysen Mrs. Mary Carlson Mrs. Caryl Mahoney Mr. Lester Bliwise Mr. Gaetano Scutaro Absent: Mr. Anton Schramm Also present: Mr. Steven M. Silverberg, Counsel to the Town Mr. Gary Trachtman, Engineering Consultant After discussion, it was agreed to change the next meeting date from Wednesday, September 11, to Thursday, September 12. PUBLIC HEARING FOR PRELIMINARY SUBDIVISION APPROVAL - OLD ROAD DEVELOPMENT CORPORATION (Zelnick Property) BLOCK 330 PARCEL 350 A Public Stenographer from Post Reporting Service, Inc. , 175 Main St. , White Plains, NY 10601, was present, and his minutes will be made part of the record. A topographical display of this subdivision was presented and explained. This showed the proposed through road, Marbourne Drive. Joel and Linda Negrin, 15 Gate House Lane, questioned the neces- sity of this being a through road instead of a cul-de-sac. Mr. Trachtman spoke of the small blasting charges which will be less disruptive but more expensive for the builder. Mr. Silverberg said subdivision approval will require compliance with the Westchester County Planning Department's letter dated August 12, 1985, which sets forth various conditions which they feel should be set on this develop- ment, specifically along the common boundary with Saxon Woods. In answer to questions about the land owned by the Town and the access road to this land, Mrs. Carlson said that previous Planning Board min- utes would show that provisions had been made regarding the land and access to it, and she suggested that these minutes be made available. It was decided that the Fire Department should be asked whether a through street or a cul-de-sac would be preferable in dealing with a fire in that vicinity. August 14, 1985 It was moved, seconded, and approved to adjourn the Public Hearing and reconvene at the next meeting of the Planning Board on Sep- tember 12th. PUBLIC HEARING ON SITE PLAN AND FINAL SUBDIVISION - MALONEY/BERINGER The same Public Stenographer was present, and his minutes will be made part of the record. The final map of the subdivision was not available upon which to base the Resolution approving the Site Plan and Final Subdivision, so the Public Hearing was adjourned to the next meeting on Septem- ber 12. No notices need be sent regarding this adjourned Public Hearing. Mr. and Mrs. Richard Scheuer and their attorney, Mr. James Stuadt, spoke about the flooding in front of their home at 875 Fenimore Road which necessitates closing off Fenimore Road and the access to their home. This would also block access to the entrance to the Maloney-Beringer subdivision. The culverts under the road are inadequate when a heavy rain occurs, with consequent flooding of Fenimore Road. It was the consensus that the subdivision will not contribute to this flooding, but having access roads blocked is a problem that should be dealt with. Mrs. Carlson moved, and it was seconded and passed that the Board of the Town of Mamaroneck be asked to examine problems of flooding of Fenimore Road and the culverts beneath it where the stream crosses under it and which may also require additional work downstream. Questions from the audience centered on the sequence of development and whether prime lots would be developed first and less desirable ones with retention areas and swales would not be done promptly, or at all, creating a runoff problem in the area. Mr. Campbell, the attorney for the developer, assured those present that the en- tire subdivision would be developed simultaneously and that many of the lots were already sold. He stated that retention areas would be developed so there would be no runoff into other areas where work was being done. It was moved, seconded, and passed that the Public Hearing be ad- journed to the next meeting of the Planning Board on September 12. No notices need to be sent. PUBLIC HEARING ON SPECIAL PERMIT AND SITE PLAN - AUTO SPA 178 Myrtle Boulevard The same Public Stenographer was present, and his minutes will be made part of the record. Mr. Scutaro removed himself from these proceedings due to a conflict of interest as a result of a long relationship with the architect of this project. Herbert Miller spoke for the applicant. The Board was presented August 14, 1985 with a new application changing the name of the applicant from David Epstein to Auto Spa Realty Corp. , with all other information remain- ing unchanged. There was discussion regarding the Site Plan Application, but since the Special Permit Application must be approved first, no action was taken. The Public Hearing on the Special Permit Application was opened. After public discussion, the Board reviewed a proposed restriction considered at the prior meeting, that each auto shall be removed from the premises after servicing. No cars shall be left parked on the premises after being serviced. The applicant stated that Auto Spa is directed towards the house- wife who has the car serviced for her husband and who can see the servicing being done on television from a waiting room. The Auto Spa is designed to serve only about 35 cars a day on a pass-through basis. No parking space is provided or intended, it was stated. Another condition discussed and established was that used batteries are to be stored within the structure. The applicant stated that the batteries are enclosed batteries and, therefore, don't present a great hazard. At this point, the Public Stenographer left, and these minutes will be the only record of the remainder of this Hearing. Also discussed was the condition that should Auto Spa cease opera- tions, that would be grounds for revocation of any Special Permit to be granted herein. Mr. Bell moved to adopt the Resolution, and it was seconded by Mr. Bliwise for Special Permit approval under Section 89-28 (B) , but the vote was insufficient for passage. A second vote was also in- sufficient. Steven M. Silverberg, Counsel to the Town, reminded the Board that negative votes require specific reasons which must stand up in a court of law based upon the special use being in harmony with the general health, safety, and welfare of the sur- rounding area. After discussion, Counsel was advised to prepare a memo of case law for the Board's information. The Public Hearing was reopened with the consent of Mr. Miller and then adjourned to September 12th. PUBLIC HEARING ON SPECIAL PERMIT - HACIENDA DON EMILIO ALTERATIONS AND EXPANSION OF EXISTING RESTAURANT 1266 Boston Post Road It was moved, seconded, and unanimously passed that the Planning Board be designated as Lead Agency in this action. It was moved, seconded, and unanimously passed that this is a Type II action and will not require an Environmental Impact Statement. August 14, 1985 Bernard Rosenshein, the developer of Village Square Shopping Center wherein Hacienda Don Emilio is located, spoke very favorably of the type of restaurant it is, the kind of people it draws, the success it has enjoyed, and stated Don Emilio's is his best tenant in the Center. He urged approval of the Special Permit application and said it would not alter the exterior of the building as the exten- sion was into a store next door. In reviewing the application, it was noted again that the exterior is not being changed. The interior alterations will enlarge the restaurant by utilizing an empty store next door. The seating capa- city will be increased by sixty-four seats, and it was stated by the applicant that there is ample parking space, which is still within the established limits. Although employees park in the same lot, when there are more patrons and employees in the evenings, the other shops are closed and the parking is still ample. The fire exits have been approved by the Building Inspector, and the hours of operation were reviewed and found acceptable. After discussion, it was moved, seconded, and unanimously approved to grant the Special Permit based upon the conditions set by the previous Special Permit, compliance with the Site Plan Law of the Town of Mamaroneck, applicant's obtaining all necessary permits and licenses from the Department of Health prior to issuance of a Cer- tificate of Occupancy, reviewing with the Fire Department and Build- ing Inspector the fire exits and approving their adequacy, and tak- ing appropriate actions to deal with the disposal of trash and garbage. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 12:32 A.M. Ja H. Marion, Sec) ec etar Y