HomeMy WebLinkAbout1989_10_11 Planning Board Minutes •
MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
OCTOBER 11, 1989, IN THE COURTROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Sanford A. Bell, Chairman RECEIVE®
Jerry R. Donatelli OCT �91
Steven Goldstein ^A '�aa 198g
Patricia Latona rG �AC�ERKCCIO
James J. Romeo MAM . NEcK
N.Y.
Not present: Norma Jacobson
Alan Murray
Also Present: Lee A. Hoffman, Jr. , Town Counsel
Gary Trachtman, Consulting Engineer
Shirley Tolley. CZMC
Lisa Parrilla, Public Stenographer
Michelle Bullock. 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 8:25 PM.
1. PUBLIC HEARING - SPECIAL PERMIT
Melron Amusement Corp.
1265 Boston Post Road
Block 412 Parcels 439 & 449
Roger Sirlin, attorney, appeared on behalf of the application and Eric
Singer, architect, appeared on.behalf of "Nathan's". Ronald Getlan and
his son. Michael, owners of Melron, familiarly known asCook' s, also
appeared.
On motion by Mr. Donatelli, seconded. by Mrs. Latona, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is. declared
open.
The Public Stenographers were present for this application and
their transcript will become a permanent part of this record.
On motion by Mr. Donatelli, seconded by Mrs. Latona, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared
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closed
Mr. Singer had been at the May 5, 1989 meeting of this Board. when
the proposal had first been offered and had submitted revised plans
in the interim to reflect the Planning Board's concerns and •
October 11. 1953n
® question from that meeting. The applicant had obtained a copy of
the Master Plan. Mr. Singer stated that the curb cuts on each. side
of the building conformed. with NYS DOT regulations, and he
explained the revised plans concerning landscaping. A second
cyclone fence is to be installed. Nothing will he planted there
because of the possible safety hazard related to that area.
This Board was particularly concerned about the arrangement for
garbage retention, noise from exhaust fans and access for the
handicapped. Ronald Getlan, an owner of Melron, said that the
exhaust fan in question had been completely taken apart and rebuilt
and that the last County health department rating had been a 99 out
of 100.
Much discussion ensued about access for the handicapped. It was
agreed that with a clear, designating sign. one access for the
handicapped to the building conformed to the State Code and that a
U-shaped ramp would be possible. This shape would allow a more
effective use of the undersized, "grandfathered", parking area. It
was realized that the planter shown on the original plan could be
placed. at an angle and placed in a somewhat smaller plot than shown
in order to allow the U-shaped-ramp.
Questions arose about the possibility of hosing down the garbage
area. The runoff should go into a sanitary sewer. not a storm
sewer. It was felt that the pitch of the parking lot was to US 1 .
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Said garbage area is surrounded by a cyclone fence woven with a
green plastic tape and has a covered dumpster within it. Most of
the garbage generated is paper materials placed in plastic bags.
Nathan's routinely empties dumpsters two times a week. Many
suggestions were made. Mr. Sirlin raised financial considerations.
This item will he left to the professionals.
The accident pattern at the site had been researched. Mr. Sirlin
reported that between January 1, 1988 and August 25, 1989 two
incidents involving Cooks had occurred which was average for the
area including Village Shopping Center, Finast and the Unicorn
Diner.
Mr. and Mrs. Jerry Glaser and Marsha Kirchoff of 19 and. 25 Rock
Ridge Road respectively were interested neighbors of the restaurant
in the audience. They contributed questions and comment .
The Board saw no need to change the hours for the restaurant in
considering the granting of a Special Permit. Ronald Getlan stated
that the restaurant hours generally conform with those of the game
room which are covered by Local Law No. 8-1988. (Mechanical
Amusement Devices) .
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October 11 , 1939
Cl he Village of Mamaroneck Planning Board had written to this Board
asking that its "Master Plan" he consulted as Cooks is next to its
border. Ronald Getlan agreed, as a courtesy. to meet with the
Village concerning landscaping.
On motion of Mr. Goldstein, seconded by Mrs. Latona,
RESOLVED, that the Planning Board. is the Lead Agency and solely
responsible for determining whether the prccsed action may have
a significant impact on the environment : and it is
FURTHER RESOLVED, that this is a Type II action. having no
significant impact on the environment as determined by New York
State or corresponding local law, therefore requiring no further
:action under SEQRA.
On motion of Mr. Romeo, seconded by Mr. Donatelli, the following
Resolutions were unanimously adopted:
WHEREAS, Melron Amusement Corp. , doing business as Cook's
Restaurant has submitted an application for a Special Permit use
for a facility providing restaurant services and a video and. other
game room entertainment, for Nathan's franchise to take over the
restaurant operation, located at 1265 Boston Post Road. Mamaroneck,
New York, and a Public Hearing having been held on October 11 . 19"9
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, 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
and shall not adversely impact upon the adjacent
properties due to traffic generated by said use or the
access of traffic from said use onto or off of adjoining
streets.
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 he in harmony with
the general health, safety and welfare of the surrounding
area by the nature of its particular location (Boston
Post Road to the West, commercial establishments and
101) restaurant uses to the North and South and a buffered
zone between the site and the residential area to the
East ) . It will not adversely impact upon surrounding
properties or surrounding property values.
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October 11 , 1989
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® 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
Melron Amusement Corp. as lessor and Nathan's as franchisor for a
Special Permit for continuation of the restaurant on the premises
under the name of Nathan's and continuation of the game room and
entertainment room on the premises under the current operation
subject. to the following terms and conditions:
1. All improvements shall he in accordance with the drawings
dated 7/17/89 and amended. by Eric N. Singer, R.A. , P.C.
(Al - Plot Plan and Pylon Sign Details; A2 - Demolition
Plan; A3 - Construction/Floor Plan; and A4 - Existing
Exterior Elevations) ;
2. All curb cut renovations and design shall he in
accordance with approvals issued by the New York State
Department of Transportation;
3 . On the northerly side of the building. there shall be a
U-shaped handicapped access ramp along the north side of
the building nearest the Boston Post. Road, and such
handicapped ramps shall he screened in conformances with
the remainder of the building;
4. Handicapped access shall he from the north side of the
building only, and conspicuous signage that handicapped
parking is available only in the northerly parking lot
shall he constructed. and all signs so constructed shall
be in conformance with the sign ordinance of the Town of
Mamaroneck;
S. All refuse shall he stored in an enclosed area which
shall also enclose a covered dumpster, and the dumpster
shall he emptied. a minimum of two times per week.
6. The hours of operation of the restaurant. portion of the
premises shall not be open more than one hour after the
game room closing time set forth by the Town of
Mamaroneck Mechanical Amusement. Device Law.
7. In addition to the grounds for expiration and revocation
set forth in Section 89-52 and 89-53 of the Zoning Code
of the Town of Mamaroneck. should. Nathan's cease to
operate the restaurant portion of the premises, the
Special Permit granted herein shall be deemed revoked.
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Oct ::I":,?,. \I. , :.n
® CuNSIDERATION OF PROPOSED ZONE UHANGE AND REQI.i `;TFD REPORT TO I0'.\
BOARD Metropolis Westchester Lanes, Inc.
(Loyal Inn Bowling)
2444 Boston Post Road
Block 503 Parcel 137
Joseph J.A. Tringali, attorney, represented the applicant, a
contract vendee. He stated that the architect for the plan
submitted to this Board was ill and could not attend. this meeting.
The matter had been referred to this Board by the Town Board for
review. The proposal is for a. mixed. commercial and. residential
use. and a zoning change is necessary. The parcel of land under
consideration is zoned for both business and residential use.
Mrs. Latona and Mr. Romeo stated that they were opposed to the
requested change in zoning. This Board has spent many hours and
much thought in considering and rewriting the NaTs ter Plan Phase I
and II of the Town of Mamaroneck. It was felt that an "inchoate"
message had been sent from the Town Board
Mr. Tringali stated that the price for the 3 .6 - 3.7 acres of land
is S6,000,000.00. The proposed building would have retail space on
the ground floor - 7,000 square feet - with apartments above.
raid apartments would total approximately 240,000 square feet .
Market conditions would determine the method of ownership of the
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apartments. Types of apartments would range from studios to
two-bedroom ones. Six stories are proposed with subterranean
parking. However, the Board noted that- terrain could make a
building an eight-story one in actuality.
Part of the area in question. according to the `faster Plan, is
zoned SB - Service Business. It was Mr. Tringali 's contention that
the neighbors would prefer an apartment house in the area rather
than the type of business specified under SB. He stated that there
was an apartment building across from the site at One Dillon Road.
There is a question concerning ownership of some of the property.
Marie and Richard Wolf of 5 Lundy Lane, Larchmcn.t. New York, have a
possible adverse possession claim. Mr. Wolf has ordered a survey.
Mr . Bell. Mt. Donateili and Mr. Goldstein indicated that they
needed more information before reaching a decision. As two members
were absent , no formal action could be taken.
3 . INFORMAL CONFERENCE - PROPOSED SUBDIVISION
Donald Mazin, attorney, appeared with his client, Ms. M.
Colabella. He stated. that Ms. Colabella wants to subdivide her lot
into two - 5500 and 6000 square feet respectively. - in an R-7
Zone District. Mr. Mazin stated that he had made a survey of
houses with less than Code lots in the area :all.' that there weret
111 least six such houses.
• _t,.t-, r 11 192')
411'
`ir. Hoffman stated that the matter was really for the Zoning Board :.
.Appeals, and Mr. Main was told that two similar cases had recently
been denied by that Board. Mr. Bell was concerned. about the
possibility of blasting. Ms. Colahella stated that there is a new
method of blasting using concrete which should not affect neighbors .
Ira Fischer, attorney, was in the audience with his clients, Victoria
amid Paul Sciacca, of 69 Edgewood Avenue. He stated that the Sciaccas
objected to the subdivision, that they were recent residents and that a
new house would block light, add noise and he esthetically displeasing.
On motion of Mrs. Latona, seconded by Mr. Donatelli, this matter was
referred to the Zoning Board.
4 . REQUEST FROM CONSERVATION ADVISORY COMMISSION
The Conservation Advisory Commission had requested that the Planning
Board support its request for a new set of maps in the scale of 1 inch
to 200 feet at 2 feet con*^ur intervals. Mr. Trachtman. as the
professional in this area, was consulted. He stated that such maps
would be very useful and that an effort should he made to sell the
project to the municipalities involved. He estimated the cost to be
$30.000.00. Mr. Goldstein noted that such maps would he essential. when
considering the development of the Bonnie Briar property. It was the
consensus of the Board to forward the request for a new set of maps.
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ADJOURNMENT
Cu motion of Mr. Donatelli, seconded by Mr. Goldstein, the meeting was
adjourned at 11 : 10 PM.
Bonnie M. Burdick