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. Burdick
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