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HomeMy WebLinkAbout1985_06_12 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD JUNE 12, 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. Paul Kalos, Chairman Mrs. Mary Carlson Mr. Anton Schramm Mr. Emil Nicolaysen Mr. Sanford Bell Mrs. Caryl Mahoney Mr. Lester Bliwise Also present: Mr. Lee Hoffman, Jr. , Town Counsel Mr. Gary Trachtman, Engineering Consultant Mr. Stephen Altieri, Town Administrator PUBLIC HEARING ON SITE PLAN APPLICATION - 2155 PALMER AVENUE - BLOCK 501 PARCEL 1 - D'ELIA AND DECARO - CAR DEALERSHIP A Public Stenographer was present, and his minutes will be made part of the record. The Board discussed the draft resolution for the Special Permit appli- cation which was continued from the previous meeting and made several minor changes. On motion made by Mr. Schramm and seconded by Mr. Bell, with all the members voting in favor, the following Resolution was adopted: WHEREAS, D'Elia and DeCaro Automobile Dealership has sub- mitted an application for a Special Permit use for an automobile dealership with facilities for service and repair of motor vehicles located at 2155 Palmer Avenue, Town of Mamaroneck and a Public Hearing having been held on April 17, 1985, and May 8, 1985, pursuant to notice, and the Planning Board having considered the application for a Special Permit, the plans submitted by the appli- cant, comments and responses to questions from the appli- cant, the Consulting Engineer and the Engineer for the applicant, and having heard interested members of the public, and having reviewed the agreement between the applicant and the Pine Brook District Property Owners Association, Inc. , 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 sur- rounding area and shall not adversely impact upon adjacent properties due to the traffic from said use onto 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 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, and that by the nature of its particular location (New England Thruway/Conrail tracks to west; Harrison Drive a commercial, one block street north; Palmer Avenue, a major com- mercial road to the east; and the City of New Rochelle to the south) it will not adversely im- pact upon surrounding properties or surrounding property values; and 4. There are no existing violations of this Zoning Ordinance on the property which is the subject of this application. BE IT FURTHER RESOLVED that this Board approves the application of the D'Elia & DeCaro Automobile Dealership for a Special Per- mit for an auto dealership with facilities for the service and repair of motor vehicles, subject to the following terms and conditions: 1. This Special Permit is limited to the sale and repair of Acura automobiles only. In addition, trade-ins which are sold on the premises by the appli- cant may be serviced on the premises for purposes of preparation for sale only. The applicant shall permit a representative of the Town of Mamaroneck to review appropriate business records to ensure that the limitations on service of automobiles set forth herein are being followed. This limitation on the type of automobile sold and repaired is based upon the upscale nature of this particular model, with the attendant low traffic volume and appearance of new and previously owned vehicles for sale on premises, lack of need for highly visible, promotional material on the site. 2. Service of automobiles shall be by appointment only except for emergency situations. All vehicles enter- ing the building for service shall enter from the rear of the existing building. The service area shall open no earlier than 7 A.M. Monday through Saturday, and service operations shall commence no earlier than 7:30 A.M. Monday through Friday and 8 A.M. on Saturday. Service operations shall cease no later than 9 P.M. Monday through Friday and 6 P.M. on Saturday. There shall be no service operations on Sunday. Activity in the service area after 7 P.M. shall be closed to the public except for auto pickups. 3. The sales office and showroom shall open no earlier than 9 A.M. on Monday through Saturday and close no later than 9 P.M. Monday through Saturday. The sales office shall be open by appointment only between the hours of 12 noon and 5 P.M. on Sunday. 4. This Special Permit approval is subject to ap- proval pursuant to the Site Plan Ordinance of the Town of Mamaroneck. 5. No vehicles shall be parked within fifteen feet of any street or sidewalk except along Harrison Drive behind the front line of the existing build- ing. Only automobiles and passenger vans shall be parked on the site, except for trucks which are loading or unloading vehicles or other supplies. All pre-owned automobiles for sale or storage shall be parked on the roof of the building only. The motor vehicles parked on the roof of the building shall not be visible from Palmer Avenue. 6. All trucks shall use the Harrison Drive entrance for loading and unloading or shall park on Harri- son Drive to load or unload vehicles. 7. There shall be no road testing of vehicles in the residential areas of the Town of Mamaroneck, and an employee of the applicant must be present in an automobile during all road tests. 8. Storm water discharge from the site shall be no greater than present. The applicant shall pro- vide oil protection devices (separators) , both for the internal drainage and the exterior drain- age, to the satisfaction of the Consultant Engi- neer. 9. All signs shall comply with the requirements of the sign ordinance of the Town of Mamaroneck. One freestanding sign will be permitted at the corner of Palmer Avenue and Harrison Drive and one iden- tification sign on the building. Small signs (one foot by two feet maximum, with a maximum height of three feet) shall be permitted to direct customers to the service and sales entrances. 10. All lighting shall be internally directed and only subdued lighting shall be permitted after hours of operation. The lighting in the rear shall be reflected downward so as not to be visi- ble from the easterly sidewalk on Palmer Avenue. 11. No fencing shall be constructed on the property except across curb cuts. The fence currently exist- ing along Harrison Drive may remain. 12. No sound produced on the site shall be higher than ambient levels at the property line, except during construction. 13. No banners, flags, pennants, buntings, balloons, or similar items shall be permitted on the site except three flag poles for any three of the following flags: American flag, New York State flag, West- chester County flag, Town of Mamaroneck flag, or Village of Larchmont flag, and no temporary structure shall be permitted on the site, ex- cept during the period from ten days to thirty days after said opening. 14. In addition to the grounds for expiration and renewal set forth in Section 89-52 and 89-53 of the Zoning Code of the Town of Mamaroneck, any change in ownership of the franchise shall be a ground for expiration and revocation of the Special Permit granted herein. 15. The applicant shall provide the Planning Board with a copy of the franchise agreement between the applicant and Acura, for inclusion in the Town file relating to this Special Permit ap- plication. The hearing was closed on motion made and seconded for the applica- tion for Special Permit. A motion was made and seconded to open the hearing on the Site Plan application, and after discussion, the Board closed the hearing. The Board then approved the Site Plan Application subject to the conditions set forth in Mr. Trachtman's letters of April 17 and May 31. The Board directed Mr. Hoffman to prepare a Site Plan Letter to the applicant specifying conditions. The applicant's attorney consented to this. The Public Stenographer's minutes will be part of the record for both the hearing on the Special Permit application and Site Plan application. PUBLIC HEARING ON APPLICATION FOR SPECIAL PERMIT - AUTOSPA - 178 MYRTLE BOULEVARD - Block 133 PARCEL 627 The Stenographer was present for this hearing, and his minutes will be made part of the record. Mr. Hoffman had prepared a draft Resolution on the SEQR which was adopted by the Board. WHEREAS, an application for a Special Permit having been submitted to the Planning Board of the Town of Mamaroneck on behalf of Auto Spa and a zoning report, property and environmental analysis having been submitted and a long form Environmental Assessment form having been submitted, and the Town of Mamaroneck having reviewed the submis- sions and heard comments from the applicant and the Con- sulting Engineer, and the Town of Mamaroneck having designated itself as lead agency for SEQRA purposes, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The possible adverse environmental impacts of this proposal are traffic, noise, lighting, waste oil disposal and prevention of oil run- off into the storm sewer system. 2. This Board has sufficient demonstration that the impact of traffic, noise, and lighting are minimal and that any impact can be miti- gated by appropriate conditions to a Special Permit approval. 3. This Board has sufficient demonstration that the applicant intends to sell the waste oil, and that the applicant itself and this Board, as a condition of Special Permit approval, can appropriately mitigate the adverse en- vironmental impact of storage and disposal of waste oil on this site. The applicant has represented to this Board that the projected waste oil generated by this proposal will not exceed 300 gallons per week. 4. The Board has sufficient demonstration that oil runoff into the storm sewer system from the site can be appropriately mitigated by oil separators at the storm drains or other mitigating measures. BE IT FURTHER RESOLVED, that based upon the findings of fact set forth above, this Board determines that this pro- posal is a Type II Action for SEQRA purposes and further finds that this proposal will not have significant impact on the environment or that there is sufficient documenta- tion currently presented to permit the conclusion that any adverse impact can be totally mitigated. The Board discussed the hours of operation and directed Mr. Hoffman to prepare a Resolution approving the Special Permit subject to conditions. The applicants were advised to com- plete their application for Site Plan hearing which will be scheduled for the July meeting if the application is complete. APPLICATION OF MR. MALONEY - BERINGER PROPERTY Mr. William Morganroth, the Engineer, said they expected to have the plans ready for the July meeting for the Subdivision approval and Site Plan review. The Board discussed the proposed water main and authorized Mr. Hoff- man to write a letter to the Westchester Joint Water Works. PROPOSED SUBDIVISION - OLD WHITE PLAINS ROAD - DR. ZELNICK'S PROPERTY Mr. Panaytou, the Engineer from Raymond Keyes, and Mr. Selgiman, an attorney, represented the applicants and discussed the EIS. Mr. Trachtman, the Town's Engineering Consultant, had reviewed the ® long form EAF, and the Board was of the opinion it was an unlisted action. Mr. Hoffman was directed to prepare a Resolution for the next meeting, after being provided with a summary of comments by Mr. Panaytou, the applicant's engineer. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 11:15 P.M. -07-;14 G Rita A. Johnson, Secretary C J