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HomeMy WebLinkAbout1989_08_09 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK AUGUST 9, 1989, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Jerry R. Donatelli Norma Jacobson Patricia Latona, Acting Chairman Alan P. Murray James J. Romeo Absent: Sanford A. Bell, Chairman Also Present: Stephen V. Altieri, Town Administrator Lee A. Hoffman, Jr. , Town Counsel Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Gary Trachtman, Consulting Engineer Bonnie M. Burdick, Recording Secretary Danielle Leo, Public Stenographer Carbone, Kazazes & Associates 225 Mt. Pleasant Avenue Mamaroneck, NY 10543 CALL TO ORDER The meeting was called to order by Mrs. Latona, as Acting Chairman, at 8:15 PM. She explained to the audience that four of the five Board members present must approve an application and that any applicant who wanted to put over an application could do so. PUBLIC HEARING - FINAL SUBDIVISION APPROVAL William Cord 385 Weaver Street Block 112 Parcel 390 Mr. Cord appeared on behalf of his application. On motion by Mr. Romeo, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion by Mr. Romeo, seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared adjourned. Mr. Trachtman, along with the members of the Board, received the topographical maps requested at the meeting. He stated that he August 9, 1989 -2- needed more time to study said maps. There is a possibility that retaining walls would be needed between the two properties and drainage could be a problem. APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Mr. and Mrs. Takeda 23 Kolbert Drive Block 308 Parcel 132 Thomas Fegera of Creative Carpentry appeared on behalf of the Takedas. Mr. Trachtman had reported to the Board by letter which will become a part of the record. On motion of Mr. Murray, seconded by Mrs. Jacobson, a Public Hearing for this matter was waived. On motion of Mr. Romeo, seconded by Mr. Murray, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Takeda applied for a permit pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II Action and that this Planning Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law 07 , Section 86-6(D) , that the activity proposed is of such a minor nature and is compatible pursuant to 6 NYCRR 665.7; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alternative, and (C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 3. The proposed activity will result in no more than insubstantial degradation to, or loss of, any part of the wetland, because of the minor impact of the activity and the protective conditions imposed by this resolution; August 9, 1989 -3- 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law #7 of 1986 be, and hereby is dispensed with; and BE IT FURTHER RESOLVED, that the application of Mr. and Mr. Takeda for a permit, pursuant to Local Law 07 of 1986, be and it hereby is, granted subject to the following terms and conditions: A. This permit is personal to the applicants and may not be transferred to any other individual, entity, or a combination thereof; B. If a relatively small volume of earth is to be removed for the foundations, provisions could be made to remove the excavated material to its final destination on the same day as the excavation. All debris is to removed prior to the completion of the project. C. A cash deposit or bond for $500 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area D. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 AM and 4:30 PM. APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Jerry Donatelli 23 Bonnie Briar Lane Block 222 Parcel 627 Mr. Donatelli recused himself. Peter Alexander, Landscape Architect, appeared on behalf of the application. The request is to allow to remain the existing gazebo and to install a new bridge. The gazebo would be chained to the ground. The Board felt that more chains than Mr. Alexander had proposed would be necessary and that the bridge should be stiff on one end and flexible on the other. On motion of Mr. Murray, seconded by Mrs. Jacobson, the Board, excluding Mr. Donatelli, unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment. On motion of Mr. Romeo, seconded by Mrs. Jacobson, the Board, excluding Mr. Donatelli, unanimously August 9, 1989 -4- RESOLVED, that this is a Type I action and that the matter shall be referred to the Coastal Zone Management Commission for review. CONSIDERATION OF SPECIAL PERMIT APPLICATION Anita Moy (Sunrise Chinese Kitchen) 176 Myrtle Boulevard Block 133 Parcel 642 Frank Filipowski, attorney, and Mrs. Moy appeared on behalf of the application. The restaurant is currently a take-out one. The owner wishes to put in seating for 18 customers. The Board stated that the plans were incomplete. They did not show the way the door swings, the amount of space behind the counter, the amount of space between the seats, and they were not clear concerning the integrity of the floor. Nor were the plans signed. It was difficult to determine whether the Westchester County Board of Health had approved the plans. Mr. Hoffman explained that before this Board could approve a Special Permit the Zoning Board needed to approve the off-street parking arrangements and that said Board should be the Lead Agency. CONSIDERATION OF SPECIAL PERMIT APPLICATION Melron Amusement Corp. 1265 Boston Post Road Block 412 Parcels 439 & 449 Roger Sirlin, attorney, and Eric Singer, architect, appeared on behalf of the applicant. The applicant indicated that Nathan's Famous is interested in leasing and operating Cook's Restaurant while Melron will continue to operate the game room. Interior renovation, exterior painting, new awnings and a new sign are planned. The Board asked Mr. Sirlin to obtain from the Police Department records of traffic accidents at the site. It asked Mr. Singer to consider the difference between the two parking lots concerning the fence, eliminating parking spaces near the doors, and landscaping in front of the building in line with the newly adopted Master Plan of the Town of Mamaroneck. Mr. Trachtman asked that a more complete EAS be filed. On motion of Mr. Romeo,seconded by Mr. Murray, the Board unanimously RESOLVED, that this Board hereby sets Wednesday, September 13, 1989 at 8:15 P.M. as the date and time for a Public Hearing on the application of Melron Amusement Corp. ; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck August 9, 1989 -5- APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Mr. and Mrs. T. Webler 35 Sheldrake Avenue Block 221 Parcel 62 Mr. Webler, and J. Rene Simon, designer, appeared on behalf of the application. Mr. Trachtman stated that in his opinion the property lay within the 100-year flood plain. He stated that before he could render an opinion concerning the plans he needed to see a survey with elevations for US flood datum. On motion of Mr. Murray, seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment. On motion of Mr. Romeo, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that this is a Type I action, and that the matter shall be be referred to the Coastal Zone Management Commission for review. CONSIDERATION OF URBAN RENEWAL FROM TOWN BOARD Stephen V. Altieri, Town Administrator, presented the application. He explained the materials that had been given the Board concerning this project. Mr. Altieri stated that the Planning Board would have input should there be a zoning change and could recommend to the Town Board that it study the MUB concept of zoning more carefully. He stated that should the Urban Renewal plan be adopted the Town would be eligible for governmental financing. On motion of Mr. Romeo, seconded by Mr. Murray, it was unanimously RESOLVED, that this Board hereby sets Wednesday, September 13, 1989 at 8:15 P.M. as the date and time for a Public Hearing on the application of the Town Board of the Town of Mamaroneck; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck APPROVAL OF MINUTES On motion of Mr. Murray, seconded by Mrs. Jacobson, the minutes of June 14, 1989 were approved. On motion of Mr. Donatelli, seconded by Mr. Murray, the minutes of July 12, 1989 were approved as corrected. August 9, 1989 -6- ADJOURNMENT On motion of Mr. Romeo, seconded by Mr. Murray, the meeting was adjourned at 10:28 PM. 4Pridea,. / • A.vz.4z Bonnie M. Burdick