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HomeMy WebLinkAbout1985_07_10 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD JULY 10, 1985, IN THE COUNCIL ROOM 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 8:10 P.M. ROLL CALL Present: Mr. Sanford Bell, Chairman Mr. Paul Kalos Mrs. Mary Carlson Mr. Anton Schramm Mrs. Caryl Mahoney Mr. Lester Bliwise Absent: Mr. Emil Nicolaysen Also present: Mr. Lee Hoffman, Jr. , Town Counsel Mr. Gary Trachtman, Engineering Counsultant PUBLIC HEARING ON SITE PLAN AND FINAL SUBDIVISION - MALONEY - BERINGER A Public Stenographer was present for this application, and his minutes will be part of the record. Because the notice of the hearing had not been published in the Daily Times sufficiently in advance of the hearing, the Board on motion made and seconded, with all members voting in favor, decided to hear the application at the August meeting after the notices are published again. All members of the public who appeared in response to the notice were permitted to make statements to be in- cluded as part of the record for the public hearing at the August meeting. Mr. Scheuer raised questions about the maintenance of retention areas. Mr. Hoffman said the Town indicated it did not want to get involved in the matter but it could be a condition of the final approval that there be deed restrictions in which the owners would be responsible for the maintenance. Mr. Campbell stated that this particular property has had drainage problems but with the development the problem will not increase. PUBLIC HEARING ON SITE PLAN - AUTOSPA A Public Stenographer was present for this application, and his minutes will be part of the record. A motion was made by Mr. Kalos and seconded by Mr. Bliwise that a Resolution be adopted for the Special Permit Approval as follows: WHEREAS, David Epstein, as proposed franchisee of Auto Spa Realty Corp. , has submitted an application for a Special Permit use for a facility providing oil change, oil filter and air filter changes, and lubrication services located at 178 Myrtle Boulevard, Mamaroneck, New York, and a Public Hearing having been held on June 12, 1985, pursuant to notice, and the Planning Board having considered the application for a Special Permit, the plans and zoning report, property and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, the Consulting Engineer to the Town and the Engineer for the applicant, and having heard interested members of the public, BE IT RESOLVED, that 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 and shall not adversely impact upon adjacent properties due to the traffic generated by said use, or the access of traffic from said use on to and off of adjoining streets; 2. The operations in connection with the Special Permit will not be more objectionable to nearby properties by reason of noise, fumes, vibra- tion, flashing of lights, or other aspects than would be the operations of any permitted use 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, and that by the nature of its particular location (Town parking lot, Conrail tracks to east; row of commercial stores to north; apartment building to west; and commercial building to south) it will not adversely impact upon surrounding properties or surrounding property values; 4. There are no existing violations of the Zon- ing Ordinance on the property which is the sub- ject of this application. BE IT FURTHER RESOLVED, that this Board approves the appli- cation of David Epstein, as Franchisee of Auto Spa Realty Corp. , for a Special Permit for an oil change, oil and air filter replacement, and lubrication service facility for motor vehicles, subject to the following terms and condi- tions: 1. The Special Permit is limited to the facility and applicant providing only oil changes, oil filter and air filter replacement, lubrications services, windshield wiper blades, air freshener, windshield washer solvent, battery sales, as a drive-through operation. The operator of vehi- cles entering the premises for service shall not leave the premises until the service is com- plete. All services rendered shall occur within the building on the premises. 2. Hours of operation shall be limited to the fol- lowing: 7 A.M. to 7 P.M. Monday through Friday 8 A.M. to 6 P.M. Saturday No operations on Sunday 3. All deliveries of supplies and parts and pickup of waste shall occur only during permitted hours of operation. 4. This Special Permit approval is subject to approval pursuant to the Site Plan Ordinance of the Town of Mamaroneck. 5. The applicant and persons operating the facility shall make every effort to prevent vehicles wait- ing for service from standing on Myrtle Boulevard. 6. The applicant shall provide oil spill and leak- age protection devices, for both the inside and outside areas for storage areas to the satis- faction of the Consulting Engineer to the Town and the Planning Board, and as required by the Site Plan Approval. 7. All signs shall comply with the requirements of the sign ordinance of the Town of Mamaroneck. 8. All lighting shall be internally directed, and only subdued lighting shall be permitted after hours of operation. 9. The applicant shall provide the Planning Board with a copy of the Franchise Agreement and the Lease Agreement between the applicant and the Franchisor, when such document becomes avail- able, for inclusion in the Town file relating to this Special Permit application. The consensus of the Board was that the hours of operation should be limited to 8 A.M. to 7 P.M. on weekdays and 9 A.M. to 5 P.M. on Saturdays. Mr. Kalos withdrew his prior motion and a motion was made, seconded and approved by all the members to table the appli- cation until the August meeting. The applicant indicated that a revised Site Plan application would be submitted on behalf of an additional applicant, and the Secretary was asked to publish the notices again. PRELIMINARY SUBDIVISION - OLD WHITE PLAINS ROAD - DR. ZELNICK'S PROPERTY The Board, after reviewing the long-form EAF and the supplement to the EAF, made a determination that the proposed action was an unlisted action for SEQRA purposes. The Board then voted that the proposed action would have no significant effect on the environment and directed that a Notice of Negative Declara- tion be distributed to all necessary entities. Mr. Kalos moved, and the motion was seconded, with all the members voting in favor. The Board discussed the subdivision and decided to set up a hearing for preliminary approval at the August meeting. A motion was made and seconded, with all the members voting in favor, and the Secretary was asked to send the appropriate notices. PRESUBMISSION ON EXTENSION OF HACIENDA DON EMILIO RESTAURANT - 1266 BOSTON POST ROAD Mr. Joseph Clifford, an attorney, represented the applicant and said most of the expansion would be in the kitchen and office area, etc. Counsel to Board advised that this application was not sub- ject to the moratorium on development. The Board advised the applicant to file the necessary appli- cations in time for the August meeting. ADJOURNMENT A motion was made and seconded that since there was no further business the meeting was adjourned at 11:45 P.M. (41 t (II \j- i--<-12-1,(-- i Rita A. Johns n., Secretary J