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HomeMy WebLinkAbout1988_07_13 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 13, 1988, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry Donatelli Patricia Latona Anton Schramm Absent: Norman L. Cannon James J. Romeo Gaetano Scutaro Also present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Mary Ann Johnson, CZMC Susan Petersen, Public Stenographer 53 Hamilton Avenue Tarrytown, NY 10591 Bonnie M. Burdick Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:20 P.M. He stated that he was pleased to announce that the Planning Board had a new member, Jerry Donatelli. Mr. Donatelli's expertise is engineering, real estate and finance. PUBLIC HEARING - SPECIAL PERMIT Automotive Service Enterprises, Inc. 5 Fifth Avenue Block 132 Parcel 609 On motion of Mr. Schramm, seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Public Hearing be, and hereby is declared open. The Public Stenographer was present for this application and her record will become a permanent part of this record. On motion of Mr.Schramm, seconded by Mr. Donatelli, it was unanimously RESOLVED, that this Public Hearing be, and it hereby is declared closed. Anthony Piliero and his partner, Richard Castellano, appeared on behalf of the application. July 13, 1988 -2- Patsy Giacomo, of 93 Madison Avenue, a neighbor and owner of several properties was not in favor of the application. He stated that a car-washing business run by Mr. Piliero in the past had been operated on Sundays. Mr. Giacomo also complained about cars being parked on pedestrian right-of-ways. Sandra Trapp, President of the Lester Place resident's association also stated that cars and trucks were parked in incorrect places and that an increase of cars would cause problems. Mr. Piliero and Mr. Castellano stated that business hours would stop early Saturday afternoon and that the size of their parking lot was such that it would not be necessary to park on sidewalks. Mr. Hoffman explained to the Board that the issuance of a Special Permit is good for only two years, that the permit is to both lessor and lessee, and that a change in the lessee requires a new special permit. The Board was aware of the concerns of the neighbors about noise and parking as well as runoff from the building and safety in relation to paint fumes and gasoline vapors. Mrs. Tolley stated that she and Claudia Ng had found the station to be a well-kept one. Mr. Castellano stated that he declined to have gasoline delivered at night despite the cheaper price obtainable then. It was felt that the Board's concerns could be met by conditioning the resolutions and by the code enforcement arm of the Building Department. Therefore, on motion by Mr. Schramm, seconded by Mr. Donatelli, the following resolutions were unanimously passed: WHEREAS, Automotive Services, Inc. as lessee has submitted an application for a Special Permit Use for a facility for auto body shop repair in a portion of premises rented by it at 5 Fifth Avenue, Larchmont, New York, and a Public Hearing having been held on July 13, 1988 pursuant to notice and the Planning Board having considered the application for a Special Permit, the plans and environmental assessment form submitted by the applicant, comments and responses to questions by the applicant, the Consulting Engineer for the Town and the Coastal Zone Management Commission, and having heard interested members of the public, and WHEREAS, this Board has previously determined that this is an unlisted action pursuant to SEQRA and the Board having made a negative declaration after consideration of the environmental impact of this proposed project, 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 July 13, 1988 -3- surrounding area and shall not adversely impact upon the adjacent properties due to the traffic generated by said use or the access of traffic from said use onto or off 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, vibration, 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 (New England Thruway to the West in a generally commercial area). 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 Automotive Services Enterprises, Inc. for a Special Permit for a gasoline filling station and garage, including servicing, repair and body-work facility, upon the following terms and conditions: 1. This special permit is limited to the facility and applicant providing the filling station, auto repairs and body and paint work. 2. All vehicles being serviced by the applicant shall be parked solely on the applicant's property, and shall not be parked on the sidewalk or any adjacent public or private property. 3. All services, other than filling of gas tanks and addition of oil, shall be performed inside the structure on the premises. 4. Hours of operation shall be limited to the following: 8:00 A.M. to 6:00 P.M. Monday through Friday 8:00 A.M. to 6:00 P.M. Saturday No operations on Sunday 5. All deliveries of supplies and parts and pickup of waste shall occur only during permitted hours of operation. All waste oil, used batteries and used tires shall be disposed of by pickup only. July 13, 1988 -4- 6. The applicant shall provide oil spill and leakage prevention devices for both inside and outside areas and for storage areas to the satisfaction of the Consulting Engineer to the Town. 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. In addition to the grounds for expiration and revocation set forth in Sections 89-52 and 89-53 of the Zoning Code of the Town of Mamaroneck, should the applicant cease to be a lessee, or owner of the premises, that shall be grounds for revocation of the Special Permit granted herein. 10. The fresh-air intake for the spray booth shall be located in the front of the building. 11. There shall be no spraying outside the building; there shall be no direct connection between the spray booth and the storm drain. 12. Prior to the issuance of the Certificate of Occupancy, a dye test must be performed on all drains on the property pursuant to the recommendations of the Coastal Zone Management Commission. 13. Prior to the issuance of the Certificate of Occupancy, the Westchester County Department of Health and New York State Department of Environmental Conservation approval must be obtained with respect to the air emissions and any other necessary permits as determined by the Building Inspector and Town Engineer ***** CONSIDERATION OF FRESHWATER WETLANDS AND WATER COURSES PERMIT APPLICATION - Mitchell Cantor 21 Fenbrook Drive Block 309 Parcel 10 Mr. Cantor appeared on behalf of his application. He was aware that his earlier plans might not be practical or acceptable to the Board or to the CZMC. It was the recommendation of Mr. Schramm that he consult a landscape engineer for specific ideas or plans. Mrs. Johnson and others emphasized to Mr. Cantor that his lot was in a floodable area and that he might want to live in his house longer to learn more about what happens to his part of the stream at times of heavy rain. July 13, 1988 -5- The CZMC had inspected the lot but was unable to make comments as no formal plans had been filed. Mrs. Johnson and Mrs. Tolley had given the Cantors information about plants that would do well on the banks of the stream. Mrs. Johnson said that the Soil and Water Board had done a review of the area and would like to come back at a later time when more houses had been built. Mrs. Johnson also said that it would be desirable to develop a plan for the Fenbrook development part of the stream and that the Soil and Water Board had a "Cooperators Program" which it had used up-county. It was decided that Mr. Cantor's application would be considered to be pending. ***** APPROVAL OF MINUTES It was not possible to approve the minutes of the June meeting as not all of those present at that meeting were currently present. ***** INITIAL CONSIDERATION OF CHANGES IN MASTER PLAN Mr. Hoffman stated that the Town Board will be considering some changes in the Master Plan. These will need to be reviewed by the Planning Board, but the information was not available. ***** ADJOURNMENT The meeting was adjourned at 10:00 P.M. 62'VnAej /4' /6‘44(.4 Bonnie M. Burdick