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HomeMy WebLinkAbout1989_12_13 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK DECEMBER 13, 1989, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry R. Donatelli Steven R. Goldstein Norma Jacobson Patricia Latona Alan P. Murray James J. Romeo Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Lisa Parrella, Public Stenographer Carbone, Kazazes & Associates 225 Mt. Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:20 PM. PUBLIC HEARING - SUBDIVISION APPROVAL George & Edith Realty, Corp. 2434 Boston Post Road Block 503 Parcel 326 and PUBLIC HEARING - SITE PLAN AND SPECIAL PERMIT APPROVAL High Tech of Mamaroneck, Inc. 2434 Boston Post road Block 503 Parcel 326 As these two applications deal with plans for the same piece of property, they have been heard together. On motion of Mr. Murray, seconded by Mr. Goldstein, 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. *mo" On motion by Mr. Goldstein, seconded by Mrs. Latona, it was unanimously December 13, 1989 Page 2 RESOLVED, that the Public Hearing be, and hereby is, declared closed. Donald Mazin and Michael Poles, attorneys, appeared on behalf of High Tech and George and Edith respectively. They asked that the applications be adjourned as Michael Gismondi, their architect, had had a family medical emergency. The Board was willing to adjourn these matters, but asked those present to comment if they wished. Sandra Herriott of 70 Sherwood Drive stated that despite statements by High Tech's owner to end use of the public address system and to clean up the area said promises had been broken. Over the weekend of December 8th to the 10th the system had been used each day. The operators of the car wash, she stated, have been storing large metal drums on the paper street opposite Mrs. Herriott's house. When kids leave the nearby bowling alley late at night, they make a great deal of noise playing with the drums. Joseph Fiumara, 2445 Boston Post Road, asked what was happening at the site. It was recommended that he consult plans in the Planning Board and Zoning Board files in the Building Inspector's Office and return to the adjourned hearing which will be held the second Wednesday in January - January 10, 1989. PUBLIC HEARING - SPECIAL PERMIT Anita Moy (Sunrise Chinese Kitchen) 176 Myrtle Blvd Block 133 Parcel 642 On motion by Mrs. Latona, 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. Murray, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed Francis Filopowski, attorney, appeared with Mrs. Moy and reminded the Board that it had referred this application to the Zoning Board as the Lead Agency as a variance was needed for parking. He stated w December 13, 1989 Page 3 that the Zoning Board had granted the variance with conditions: 1) Should three of the permit parking spaces in the Town lot across from the restaurant become available, they shall be assigned to the restaurant; and 2) No waiter service would be allowed at the restaurant. Mr. Filipowski stated that the parking condition was not possible to meet as the Town Clerk, who supervises permit parking, had informed him that parking is reserved for Town residents. Mr. Filipowski stated that Mr. Moy's customers had requested that she provide seating. 222 of them had signed a petition which will become part of the record. He stated that the restaurant was in harmony with its neighbors - apartments, a hair salon, a delicatessen, etc. , that the restaurant did not create a hazard to health or welfare and that an changed restaurant would be an asset. Mr. Filipowski stated that the Zoning Board seemed to feel that there was no traffic problem in the area now. When Mr. Donatelli asked about dealing with more garbage, Mrs. Moy stated that she did not think there would be an added burden and that the street would be cleaner in the summer. At that time customers often leave litter behind after sitting beneath a tree to eat. Mr. Filipowski stated that the restaurant would conform with fire and health regulations enforced by the Westchester County Department of Health and the Town of Mamaroneck Building Department. Mrs. Moy stated that the restaurant would be open Monday to Thursday from 11 AM to 9:30 PM, Friday and Saturday from 11 AM to 10 PM, and Sunday from 12:00 PM to 9:30 PM. It was pointed out that, should the Special Permit be granted, the zoning variance granted would run concurrently with the Special Permit for a two-year period from the date of issue. On motion of Mr. Goldstein, seconded by Mrs. Latona, the following resolutions were unanimously adopted: WHEREAS, Anita Moy, doing business as Sunrise Chinese Kitchen, has submitted an application for a Special Permit use for a facility providing restaurant services located at 176 Myrtle Blvd, Larchmont, New York, and a Public Hearing having been held on December 13, 1989 pursuant to notice and the Planning Board having considered the application for a Special Permit, the plans and zoning report and environmental analysis submitted by the applicant, the variance granted by the Zoning Board of Appeals, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public, BE IT RESOLVED this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area December 13, 1989 Page 4 and shall not adversely impact upon the adjacent properties due to traffic generated by said use. 2. The operations in connection with the Special Permit will be no more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Permit. 3. The proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location (Myrtle Blvd to the East, commercial establishments and restaurant uses to the North and South and apartment buildings between the site and the residential area to the West) . It will not adversely impact upon surrounding properties or surrounding property values. 4. There are no existing violations of the Zoning Ordinance on the property which is the subject of this application. BE IT FURTHER RESOLVED, that this Board approves the application of Anita Moy as owner of Chinese Sunrise Kitchen for a Special Permit. The nature of the restaurant operation will change from a take-out restaurant to one with seating for 18 patrons on the premises, and the Permit is granted subject to the following terms and conditions: 1. There shall be no waiter service at the restaurant. 2. The hours of operation of the restaurant shall be: Monday to Thursday from 11 AM to 9:30 PM, Friday and Saturday fromll AM to 10:00 PM and Sunday from 12to 9:30 PM. REVIEW OF CLUSTER GUIDELINES Daniel Shuster of Shuster Associates had prepared a "Draft Statement for the Use of Section 281 - Cluster Development". The Town Board had approved the concept of cluster development with the consent of the Planning Board. Such development is allowed under §281 of the New York State Town Law. The standards, when developed, will be the guidelines for the Town staff, the Planning Board and developers to follow in future land use. In discussion of the standards is was realized that when certain criteria of §D 1-6 are met, the Planning Board must request a cluster development plan as well as a more conventional one. However, the Board is not obliged to choose the cluster plan. Currently the Planning Board, when considering a subdivision, can request the new design of such things as streets and frontage. Now no lot may be less than 80% of the required size. ,,ter It was the consensus that the wording of the introduction to §D should be changed to language similar to "The Planning Board shall December 13 , 1989 Page 5 require that a Cluster Plan be submitted and may require that a subdivision plat be modified in accordance with these provisions 40 when it finds that one or more of the following conditions exist: " The Board agreed that otherwise §D was appropriate. On motion of Mr. Bell, seconded by Mr. Murray, it was unanimously RESOLVED, that Counsel to the Board shall review the Draft Standards for Cluster Development and make further comments to the Board. MASTER PLAN UPDATE A local law, incorporating the zoning changes recommended by the Planning Board, has been written. Mr. Hoffman asked the Board to review the law and forward any comments or questions to him. APPROVAL OF MINUTES On motion of Mrs. Jacobson, seconded by Mr. Murray, the minutes for the meeting of November 8, 1989 were approved as corrected. TOPOGRAPHIC MAPPING Mr. Goldstein asked that the Planning Board urge the inclusion of the 1990 Town budget of a topographic map study at the scale of 1 - `' 100. The Board had previously unanimously supported a similar request and agreed again. It was decided that Mr. Goldstein would draft a letter to Mrs. Battalia for Mr. Bell to sign. On motion of Mrs. Latona, seconded by Mrs. Murray, the meeting was adjourned at 10:03. onnie M. 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