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HomeMy WebLinkAbout1989_10_11 Planning Board Minutes (2) 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 Jerry R. Donatelli Steven Goldstein Patricia Latona James J. Romeo 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 as Cook' 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 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. 1989 -2- 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 be 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 he 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. 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 be 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 Rirchoff 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) . C October 11, 1989• -3- The Village of Mamaroneck Planning Board had written to this Board asking that its "Master Plan"' be 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 proposed 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, 1989 pursuant to notice and the Planning Board having considered the application for a Special Permit, the plans and zoning report and Q 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 be 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 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. October 11, 1989 -4- 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 be 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 be 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 be screened in conformances with the remainder of the building; 4. Handicapped access shall be from the north side of the building only, and conspicuous signage that handicapped parking is available only in the northerly parking lot shall be constructed, and all signs so constructed shall be in conformance with the sign ordinance of the Town of Mamaroneck; 5. All refuse shall be stored in an enclosed area which shall also enclose a covered dumpster, and the dumpster shall be 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. 0 • • October 11, 1989 ' -5- CONSIDERATION OF PROPOSED ZONE CHANGE AND REQUESTED REPORT TO TOW 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 Master 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 $6,000,000.00. The proposed building would have retail space on the ground floor - 7,000 square feet - with apartments above. Said apartments would total approximately 240,000 square feet. Market conditions would determine the method of ownership of the 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 Master 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, Larchmont, New York, have a possible adverse possession claim. Mr. Wolf has ordered a survey. Mr. Bell, Mr. Donatelli 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-7.5 Zone District. Mr. Mazin stated that he had made a survey of houses with less than Code lots in the area and that there were at least six such houses. C • October 11, 1989 -6- 0 Mr. Hoffman stated that the matter was really for the Zoning Board of Appeals, and Mr. Mazin was told that two similar cases had recently been denied by that Board. Mr. Bell was concerned about the possibility of blasting. Ms. Colabella 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 and 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 be 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 contour intervals. Mr. Trachtman stated that such maps would be very useful and that an effort should be 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 be 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. ADJOURNMENT On motion of Mr. Donatelli, seconded by Mr. Goldstein, the meeting was adjourned at 11:10 PM. 41,9ttio l&I.4016Ch Bonnie M. Burdick