Loading...
HomeMy WebLinkAbout1971_05_20 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 20, 1971, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, CORNER OF WEAVER STREET AND EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. George P. K. Ching Absent: Mr. Price H. Topping Mr. Donald D. Geary, Jr. Also present: Mr. James J. Johnston, Town Attorney Mr. William Paonessa, Building Inspector Mr. William P. Widulski, Town Engineer The Chairman announced that two members of the Board had disqualified themselves, Mr. Topping because he was a resident of Howell Park and Mr. Geary, who ap- peared with the opposition. Mr. Eggers stated that because only three members were present the vote would have to be unanimous on the application. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of pub- lication of the notice of hearing. Mr. Eggers asked the Secretary to read the applica- tion. PLEASE TAKE NOTICE that a Public Hearing of the Zon- ing Board of Appeals of the Town of Mamaroneck will be held on May 20, 1971 at 8:15 P.M. in the auditor- ium of the Weaver Street Firehouse, corner of Weaver Street and Edgewood Avenue, to hear an appeal from the issuance of a Building Permit by the Building Inspector on March 3, 1971 for the construction of a building to house a Kentucky Fried Chicken Restau- rant at the corner of Boston Post Road and Winthrop Street in the Town and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 1 known as 1370 Boston Post Road. This appeal is taken pursuant to Section 267 of the Town Law of the State of New York and Section 553 of the Zoning Ordinance of the Town of Mamaroneck. . All persons interested in this appeal are invited O to attend the hearing at the above set forth time and place at which time they will be given an oppor- ' tunity to be heard. Mr. Eggers asked Mr. DiFiore who had signed the ap- peal to present his application and Mr. DiFiore read from the application. The first objection was concerning the inadequacy of off-street parking and Mr. DiFiore maintains in his appeal that it would be necessary for Kentucky Fried Chicken to employ seven (7) people and they would require seven parking spaces for their employees. According to the appellant's computation it is nec- essary to have 24 parking spaces for customers and with the seven spaces for the employees that is a total of 31. The proposed plan shows a total of 1 16 parking spaces. Mr. DiFiore stated that in his calculations certain assumptions were made in the analysis. The Chairman pointed out that according to the Zoning Regulations it was necessary for a restaurant to provide for one (1) parking space for each 50 square feet of floor space devoted to patron use. The second point the appellant's objected to is the C Safety Hazard to Public. Mr. DiFiore maintains that because of the current safety hazards existing at the Weaver Street entrance and school crossing to the Hommocks School, Central School, Mamaroneck High School and St. John and Paul School the construction of the Kentucky Fried Chicken Restaurant will add to an already perilous route for the school children. The appellants stated that the purpose of the Zoning plan is particularly for the "PROTECTION AND PROMO- TION OF THE PUBLIC HEALTH, SAFETY AND WELFARE" and "to guide and plan the most beneficial and conven- ient relationships among residential, commercial and PUBLIC areas within the Town". Mr. DiFiore said that the area certainly has more than adequate faci- lities of the type intended and that because the safety of many school age children who travel on the average of four trips a day the proposed construc- tion does not conform with regard to pedestrian and traffic safety. Item no. 3 objects to the proposed curb cut on Win- throp Avenue because of the large amount of children living on the block. Mr. DiFiore stated that the children would be endangered by the cars exiting on Winthrop Avenue. (paw Item no. 4 is in regard to LIGHTING INADEQUACY and the appellants state in their appeal that a review of the plans does not indicate where the lighting is to be placed. Mr. DiFiore, also, maintains that due to the close proximity of the residence adjacent to the property and because cars will beam their lights directly into the windows when they park a suitable fence should be erected to block out the light beams. According to the appellants appeal item no. 5 refers to LANDSCAPED SCREEN INADEQUACY which Mr. DiFiore claims that because of the close proximity to the adjacent residence evergreen trees should be of sufficient height and density to adequately screen the residential area from the business area. Item no. 6 applies to the EMISSION OF FUMES which the appellants state is a factor in that when chicken is cooking in deep frying oil vats it leads to foul odors and emissions being blown throughout the neigh- borhood if precautions are not taken. Mr. DiFiore stated that it is known that there are large exhaust fans in the Kentucky Fried Chicken restaurant but that it is not known the type of filtering equipment which will be provided to eliminate any foul smell- ing fumes. The appellants state that it is there- fore necessary that adequate filters be provided and this be confirmed in writing. Mr. DiFiore said the filter should be guaranteed to eliminate any fumes and furthermore should be guaranteed by the user that they will be properly maintained and re- placed as required. Item no. 7 refers to TRAFFIC DANGERS and Mr. DiFiore stated that the Zoning Ordinance requires "circula- tion of traffic throughout the Town" with regard to avoiding congestion in the street and provision for safe and convenient traffic access to various uses of land and building throughout the Town. The appellants claim that the Zoning Ordinance also requires "traffic access, traffic circulation and general layout of the parking facility are planned with regard to safety to traffic on the public street." Mr. DiFiore said that "this traffic oriented business will bring a great number of cars to the WINTHROP AVENUE, BOSTON POST ROAD intersection" and that there are already two natural characteristics of the Boston Post Road which are responsible for an already dan- gerous condition. There is a gradual slope approxi-- mately half way between Weaver Street and Alden Road and because of the mild serpentine effect between Weaver Street and Alden Road there is a blind spot for drivers heading east on the Boston Post Road. Vehicles heading east on the Boston Post Road ac- cording to Mr. DiFiore will not be able to see a stopped vehicle which will presumably be waiting to make a left turn into the Kentucky Fried Chicken Restaurant until the vehicle is about 50 feet away from the stopped vehicle and this the appellants feel is extremely dangerous. Mr. DiFiore also said that because of the proximity of the Pancake House and the cars exiting from there only 20 feet away traffic heading east on the Boston Post Road will have to come to an abrupt halt. The appellants further maintain that the traffic at the intersec- tion of Weaver Street and the Boston Post Road is already intolerable especially before school, dur- ing lunch and immediately after school and the mak- ing of a left turn off the Boston Post Road is very difficulty from every direction and presently causes severe traffic delays. Mr. DiFiore, also, stated that if Kentucky Fried Chicken Restaurant is allowed to open it will cause severe traffic problems and the following items should also be considered: 1. The State has refused to put a traf- fic light at Alden Road and the lack of a crossing guard at Alden Road. 2. The numerous curb cuts along the Bos- ton Post Road from Alden Road to Weaver Street and that the sidewalks along the Boston Post Road are narrow. 3. The encroachment of autos upon public right of ways and sidewalks along the Bos- ton Post Road by local businesses and the poor condition and lowness of curbs which afford little protection should an emer- gency traffic situation arise. 4. The ingress proximity of less than 300 feet from Weaver Street and the Bos- ton Post Road intersection at which point 1200 to 1400 children pass daily from 2 to 3 times a day which would be during the operational hours of the proposed din- ing establishment. . The peak restaurant activity would coincide with the maximum school oriented traffic during the noon hour recess. 5. The undetermined disposition of an unimproved commercial lot adjacent to the Pancake house and the increase in parking on residential area streets because of the parking ban on Boston Post Road. 6. The Boston Post Road is used by local businesses as an unloading area for vehicle transport trucks which obstructs normally one entire traffic lane and interrupts traffic in the remaining lane during the unloading procedure. Mr. Eggers pointed out that when a business adjoins a residential district it is necessary for the plan to indicate screening of adequate size along the property line and the site plan for the Kentucky Fried Chicken Restaurant shows evergreens of 6' to 7' in height. Mr. Paonessa, the Building Inspector pointed outthat the screening would run along Win- throp Avenue but towards the corner of the intersec- tion of the Boston Post Road the screening would have to be only about 4' high because otherwise it would be impossible to see the traffic on the Bos- ton Post Road. The Board pointed out that the plan shows two fences one 6' high and the other 4' high. The Chairman stated that the Zoning Ordinance pro- vides that it is necessary when a business adjoins a residential district to have a 10' buffer strip to be permanently and sufficiently planted with ever- greens to form a landscaped screen. Mr. Eggers said that the building Kentucky Fried Chicken proposes to build has a building coverage of only 12 to 13% which is less than the 25% required by the Zoning Ordinance. Mr. DiFiore questioned about the problem of falling rock and the Building Inspector said that all loose rock would be removed and the remaining will have to be maintained. Mrs. DiFiore stated that she had written a letter regarding the problems the residents anticipated and a copy of a letter addressed to Assemblyman Pisani from Mr. R. M. Gardeski, the Regional Traffic Engineer stated that the Department of Transportation did not have the authority to regulate land use and they had not as yet received the application for access to the subject parcel. Mr. Delius, an Attorney of 7 Woodland Avenue, Larch- mont, New York, who represented Kentucky Fried Chicken presented a letter which Mr. Wassman read. The letter read by Mr. Wassman was addressed to Mr. Lowell Roberts of Tri-Point Builders, the contractor for the Kentucky Fried Chicken Establishment from Mr. J. M. McGovern, the Resident Engineer signed by Mr. H. H. Stolte of the New York State Department of Transportation. Mr. Stolte stated that they had reviewed the proposed access and that they had no objection to the proposed one-way traffic pattern but recommended some alterations. The changes sug- gested that the proposed exit to Winthrop Avenue be realigned to discourage left turns and that one way signs be provided at the exit. The State Depart- ment of Transportation also recommended that the entrance driveway be skewed to facilitate the right turn movement and the left turn would be prohibited. Mr. William Gartland whose property is diagonally across the street in the residential zone was con- © cerned about the lights from the cars going to and from the parking area shining into his windows. Mrs. Margaret Cleary of 15 Winthrop Avenue asked "What about the children going into Hommocks School and Central School" and she said she was mainly con- cerned about the safety of the children. Mr. Ernest Fuhrmann, Jr. one of the appellants said he felt the restaurant would attract not only the local residents but would also bring people from other communities even from New York City especially on a Sunday afternoon. Mr. Fuhrmann stated that I not only this application but future applications with this particular use should require Special Per- mits issued after Public Hearings by the Town Board. Mrs. Ann Geary of 91 Carleon Avenue who is the Chair- man of Health and Safety at the Central School spoke and said she was extremely distressed that the ap- plication for the building had gone so far and what was the procedure to get a hearing on restaurants as the Town had on gas stations. Mrs. Geary asked how a resident would go about having these laws changed in this respect. Mr. Donald Geary of 91 Carleon Avenue stated that ) where they live on Carleon Avenue it was close enough that during the summer months they will be able to hear the automobiles and smell the chicken. Mr. Alan Murray of 116 Carleon Avenue stated that not only the Central School PTA but the PTA of the Chatsworth Avenue School was concerned about the safety of the children and Mrs. Wilma DiFiore spoke for the PTA of St. John and Paul's. Mr. DiFiore stated that he felt that once their ap- peal had been filed the construction should have stopped pending the appeal. Mr. Eggers said that he had been advised by the Town Attorney that the Board of Appeals had the authority to hear the ap- peal and the hearing was arranged as soon as possi- ble. The Town Attorney, Mr. Johnston stated that only the Court has the authority to stop construc- tion. Mr. Delius, who represented Kentucky Fried Chicken asked Mr. Paonessa, the Building Inspector if he had examined the plans for the proposed Kentucky Fried Chicken Restaurant and if the application for the building permit had complied with the Zoning Ordinance in respect to use. Mr. Delius then asked Mr. Widulski, the Town Engineer, if as stated in Section 450.2 (or 89.64) of the Zoning Ordinance which provides in situations of this kind that the 1 >3 ( Town Engineer shall determine traffic circulation, traffic access and general layout of the parking facilities in regard to safety and adequacy, if he had approved the plan. Mr. Widulski said he had examined the plan and approved it. Mr. Delius stated that the permit to build the Ken- tucky Fried Chicken Restaurant was legally issued and the people proceeded to work under it. Mr. Delius said the Boston Post Road is zoned for business and the owners of the property should not be forced to sterilize the property. Mr. Delius continued that it was unfortunate that the school was built with a situation that required people attending the school to cross the street. Mr. Delius then asked Mr. John B. Scales who is in the Real Estate Department of Kentucky Fried Chicken to speak on the application. Mr. Scales explained how his firm selects a site and how they estimate the value to provide the best type of service to the public. Mr. Scales, also, explained that usually two employees opened in the morning and a third employee would appear later and that during the week there would never be more than three employees but on Sunday there might be an ad- ditional employee. Mr. Scales stated that only the manager is permitted to use a parking space and the other employees must either find other means of transportation or other parking as they are not permitted to use the customer's parking area. Mr. Scales said they anticipated 80% of the trade at this particular site would be sit in and the re- maining 20% take out. Mr. Scales, also, stated that the chicken is not deep fried but in a pressure method where 20 head of chicken are cooked in about 13 min- utes. Mr. Scales, also, said that a filter is used and there are no fumes or odor. Mr. Scales maintains that Kentucky Fried Chicken does not have curb ser- vice and they do not allow loitering in cars around the store. Mr. Scales further stated that the rest- aurant will be opened at 11:00 A.M. and closed at 9:00 P.M. and based on what they estimate will be each average sale in this area of approximately $4.00 each order he thought the appellant's estimate of $250,000.00 gross revenue for the year is much higher than the estimation of the Kentucky Fried Chicken's Real Estate Department. Mr. DiFiore questioned about people taking the chicken out and eating it in their cars and presented pic- tures to the Board of the condition of an area sur- rounding a Kentucky Fried Chicken Restaurant in another location. Mr. DiFiore said he was concerned about litter. Mr. Scales said all precautions would be taken and that numerous trash disposal units would be provided. A question was raised by the appellants as to how the chicken was delivered to the store and Mr. Scales said it was delivered in a 3/4 ton truck and the cartons in which they are delivered are placed in a refrigerator. Mr. Otto Scheuble of 3 Rock Ridge Road spoke in refer- ence to the fumes. , Mr. Scheuble said he had complained previously about fumes from Cook's restaurant on the Post Road. Mr. Donald Donovan of 10 Winthrop Avenue spoke about the traffic. After further discussion the Chairman announced that no decision would be made on the application at that time. ADJOURNMENT There being no further business to come before this Special Meeting it was adjourned at 10:15 P.M. Rita A. Johnso , ecretary r ‘V33