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HomeMy WebLinkAbout2001_02_14 Planning Board Minutes AMENDED MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK FEBRUARY 14, 2001, IN THE COURT ROOM,TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairman May W. Aisen Robert A. Cohen Linda S. Harrington C. Alan Mason Edmund Papazian Also Present: Judith M. Gallent, Counsel Ronald A. Carpaneto, Director of Building Antonio V. Capicotto, Consulting Engineer Nancy Seligson, Liaison Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairwoman Marilyn Reader at 8:13P.M. MINUTES The minutes were postponed. On motion of Dr. Mason, seconded by Ms. Harrington the public hearing was opened - unanimously PUBLIC HEARING—FRESHWATER WETLANDS AND WATER COURSES PERMIT—Melvin Merians—10 Bonnies Briar Lane—Block 222, Lot 194. Jim Lotto, the applicant's landscape architect, addressed the Board, stating he addressed the Boards concerns regarding the 100 year flood plain and the 100 foot buffer. They have met with CZMC. The Board discussed the Wetlands Buffer on the plan. Ms. Reader stated that the Board received a letter from the consulting engineer dated February 12, 2001. Mr. Capicotto summarized the letter for the applicant stating that in this case they find the project satisfied the compatibility test and met the criteria of the wetlands law. He stated a correction to the letter noting the flood zone is to the west not the east. Mr. Papazian asked Mr. Lotto how the rate of runoff is being handled for the increased impervious area. Mr. Lotto explained the drywell system which will put less water into the drainage system than previously existed. Ms. Reader stated the Board also received a letter from the CZMC dated February 9. 2001. And read it into the record. The CZMC found the proposal to be consistent with the LWRP, but raised concerns regarding stockpiles near existing trees, and place a 5 inch chip layer to avoid soil erosion beneath the stock piles. Mr. Lotto accepted the above as conditions for the permit. On motion of Mr. Papazian seconded by Ms. Harrington the public hearing was opened non pro tunc. There were no public questions or comments. On motion of Mr. Papazian, seconded by Ms. Aisen the public hearing was closed. Unanimously Ms. Reader stated this is a type 2 action under SEAR. On motion of Mr. Cohen, seconded by Ms. Harrington the Fresh Water Wetlands Permit was approved with conditions the 5 inch chip layer be applied prior to stock piling to avoid soil compaction in the root zone and further a 1,500.00 bond be posted. Unanimously Consideration 15 Briarcliff Road Ms. Reader stated there has been a clerical error and this is not on the calendar tonight so the public hearing cannot be opened. She allowed the applicant to explain the proposal and informed them that they have to appear before the CZMC. Mr. Salanitro the applicant's engineer addressed the Board, stated the notices were sent and we addressed the consultant's comments with respect to the delineation of the 100 foot buffer line, the creation of a topographic map, with the 100 year flood plain drawn of the map. The house is outside the 100 year flood plain, the entire property is within the buffer zone. The matter was adjourned for public hearing March 14, 2018. PUBLIC HEARING VILLAGE SQUARE BAGELS SPECIAL USE PERMIT RENEWAL John Mercaldi, the manager addressed the Board stating he is here to renew the special use permit. Dr. Mason asked if there are any violations or complaints. Ms. Gallent asked if there are any changes to the previous conditions. Mr. Mercaldi responded no. Ms. Reader asked if the 5 conditions on the February 16, 1999 are ok with the applicant. Mr. Mercaldi responded yes. On motion of Ms. Harrington, the public hearing was opened non pro tunc, unanimously. On motion of Ms. Cohen the public hearing was closed, unanimously. On motion of Dr. Mason, seconded by Ms. Aisen the Special Use Permit renewal was approved with conditions. Unanimously PUBLIC HEARING Ming's Chinese buffet, Inc., Lilly Yang. SPECIAL USE PERMIT RENEWAL Mr. Davidson, representing Ms. Yang and the landlord Mr. Getlan were present. On motion of Ms. Aisen, seconded by Ms. Harrington the public hearing was opened. Mr. Davidson stated that nothing has changed but the name was reserved by the Secretary of State so the name has changed to Main's Chinese Buffet Inc. Ms. Gallent stated the Main's is the d/b/a. Mr. Carpaneto stated there are no violations. Garbage pickup was discussed. Pick up is scheduled for Monday, Wednesday or Thursday and Saturday. Public Comments Ms. Kirchoff, of 23 Rockridge Road, stated the garbage has been obnoxious and causing the use of her yard to be hindered. Mr. Carpaneto stated he hasn't heard from her in quite a while, but the code enforcement officer has been inspecting. Mr. Getlan stated pickup was increased to 6 days when they are busy and he told them they have to cover the dumpsters with a tarp during the summer. Ms. Kirchoff, stated there is paper debris behind the building, Mr. Getlan responded he will make sure it is cleaned up. Ms. Kirchoff asked about maintenance of the roof top exhaust system as some times it sounds like it is rattling, and there are odors. Mr. Getlan stated that installed 2 years ago to remove odors, it is serviced quarterly. Ms. Reader stated one of the conditions is that the exhaust be directed away from Rockridge, towards Boston Post Road, Mr. Getlan responded they are. Ms. Reader asked if it was possible to arrange for more garbage pickups from June to September 301". Mr. Getlan stated he will discuss it with the tenants. Ms. Aisen asked if the tarpaulin can be made a condition. Mr. Getlan stated Ms. Yang agrees that garbage will be picked up 5 days a week for June through September 301". Ms. Reader stated it will be made a condition of approval. The tarp was discussed and it was left as discretionary between the applicant and the Building Inspector. Dr. Mason stated there should be condition that any noise condition from the roof exhaust be addressed in a fixed time period. Ms. Reader stated if there is a problem Ms. Kirchoff can contact the Building Department. On motion of Ms. Aisen seconded by Ms. Harrington the public hearing was closed Ms. Reader stated this is a Type 2 action. On motion of Ms. Aisen, seconded by Mr. Papazian the Special Use Permit renewal was approved with the previous conditions and that garbage removal will be Monday, Thursday and Saturday October 1"— May 31"and 5 days a week June V—September 30t", with the requirement that a pick up must occur on Saturday all year. Vote: Ayes: Ms. Reader, Ms. Aisen, Mr. Papazian, Ms. Harrington, Mr. Cohen Nay: Dr. Mason Ms. Reader stated the meeting was adjourned to March 141n Minutes prepared from the stenographers minutes Francine M. Brill