HomeMy WebLinkAbout2022_09_14 Planning Board MinutesMINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD
OF THE TOWN OF MAMARONECK
HELD IN CONFERENCE ROOM "C" ON SEPTEMBER 14, 2022
Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, John Cuddy,
Sarah Dunn, Ira Block
Also Present: Lisa Hochman, Counsel to Planning Board, Robert Wasp, Town Engineer, Carol
Murray, Assistant Civil Engineer, Anthony Oliveri, Town Consulting Engineer, Elizabeth
Aitchison, Town Environmental Planner, Robin Nichinsky, Town Board Liaison, Francine M.
Brill, Secretary
Absent: Ron Mandel
CALL TO ORDER
The meeting was a called to order at 7:32 P.M.
Ms. Hochman asked if all documents to be discussed this evening have been posted on the website,
duly noticed and whether all required referrals were made. Ms. Brill answered yes to all.
MINUTES
Motion: To adopt the draft minutes of August 3, 2022 as modified.
Moved by Elizabeth Cooney, seconded by Edmund Papazian
Action: Approved
Vote: Yes: Ralph Engel, Elizabeth Cooney, Edmund Papazian, John Cuddy, Sarah Dunn
Abstain: Ira Block
1. 1240 West Boston Post Road - Nautilus Diner - Special Use Permit Extension - Public
Hearing
Motion: To open the public hearing
Moved by, Edmund Papazian, seconded by Ira Block
Action: Unanimously approved
Jeffrey Schwartz, the applicant's attorney, addressed the Board, stating that the applicant wishes
to extend its special use permit.
Mr. Engel stated that the Board will require an updated floor plan to be submitted with the next
extension request.
Motion: To close the public hearing
Moved by, Edmund Papazian, seconded by Ira Block
Action: Unanimously approved
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Motion: To approve the draft resolution extending the special use permit
Moved by Ira Block, seconded by John Cuddy
Action: Unanimously approved
RESOLUTION
EXTENSION OF SPECIAL USE PERMIT
Nautilus Diner, 1240 West Boston Post Road
Town of Mamaroneck, New York
On motion of Ira Block, seconded by John Cuddy, the application of the Nautilus Diner (the
"Applicant") for an extension of its special use permit was APPROVED by the Planning Board of
the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a
vote of 5 to 0, with 0 abstentions:
WHEREAS, the Applicant is the operator of a diner located at 1240 West Boston Post Road and
known on the Tax Assessment Map of the Town of Mamaroneck as Section 4, Block 8, Lot 110
(the "Property"); and
WHEREAS, the Property is located within the B-R District which allows "Restaurants" as a
special use pursuant to Section 240-30(B) and (C) of the Zoning Code of the Town of Mamaroneck
(the "Town Code"); and
WHEREAS, the original special use permit was granted in 1992 (the "Special Use Permit"); and
WHEREAS, the Applicant submitted an application for an extension of its Special Use Permit for
the continued use of the Property as a diner; and
WHEREAS, all required referrals were made pursuant to Section 240-61.E of the Town Code; and
WHEREAS, the Town of Mamaroneck Building Inspector issued a memo which stated that an
inspection took place on September 8, 2022 and the site was in compliance with the approved site
plan and there were no violations of Chapter 240 of the Town Code; and
WHEREAS, a duly noticed public hearing was conducted on September 14, 2022; and
WHEREAS, the Planning Board of the Town of Mamaroneck (the "Board") has considered the
application for an extension of the Special Use Permit and has reviewed documents submitted by
the Applicant, the reports and comments of the staff of the Town of Mamaroneck and any
comments made by interested members of the public; and
WHEREAS, the Board has determined that the proposed action is a Type II action pursuant to the
New York State Environmental Quality Review Act and its implementing regulations, 6 NYCRR
Part 617.5(C)(18), and that, therefore, no further action is required under the New York State
Environmental Quality Review Act.
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NOW, THEREFORE, BE IT RESOLVED, that, in accordance with Section 240-62 of the Town
Code, this Board makes the following findings of fact, as limited by the conditions hereinafter set
forth:
A. 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;
B. The operations in connection with the extension of the Special Use 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 Use Permit;
C. The proposed extension of the Special Use Permit use will be in harmony with the general
health, safety and welfare of the surrounding area by the nature of its particular location. It will
not adversely impact upon surrounding properties or surrounding property values; and
D. There are no existing violations of Chapter 240 of the Town Code on the property which is the
subject of the application.
BE IT FURTHER RESOLVED, that this application is hereby APPROVED, subject to the
following terms and conditions:
1. The hours of operation shall not exceed 6:00 a.m. to midnight, seven (7) days per week.
2. This permit will expire on July 8, 2024.
3. This permit is subject to the termination requirements set forth in Section 240-64 and 240-65
and the use restrictions set forth in Section 240-30 of the Town Code.
4. The Property shall conform to the site layout plan on file with the Town Building Department.
5. In accordance with Section 240-61.F of the Town Code, the Applicant shall be required to pay
to the Town its actual cost of technical reviews, including, without limitation, consulting fees,
within 30 days of the date hereof.
This decision is hereby certified and shall be filed with the Town Clerk.
65 Myrtle Blvd. - Josh Friedfertig - Residential Site Plan - Consideration
Eliot Senor, the applicant's engineer, addressed the Board. He explained that the pool received
a front yard variance from the Zoning Board of Appeals. The Board discussed whether the
applicant would have to appear before the Zoning Board again because the submitted plans for this
application are different than those that were approved in connection with the zoning variance.
The Board decided that the Building Inspector appropriately signed off on the changes when he
issued the zoning compliance memo.
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The Board discussed the fence on the retaining wall and the pool fencing.
The Board discussed lighting and sound.
Grading was discussed and Mr. Oliveri stated that grading detail would be helpful to show the
natural grading flow.
Mr. Cuddy requested previous pool conditions to be imposed.
The application will be reviewed by CZMC on September 19.
Mr. Senor requested a draft resolution be prepared.
Motion: To set public hearing
Moved by John Cuddy, seconded by Ira Block
Action: Unanimously approved
NEW BUSINESS
Mr. Engel stated that the Town Board has proposed a local law to update the wireless
telecommunications law and that it will be referred soon to the Planning Board. The Planning
Board will have an opportunity to submit a report with its recommendations. Ms. Hochman
explained that once the referral is made, the Planning Board will have 45 days to submit its report.
Mr. Wasp stated that both he and Mr. Polcari had worked with Mr. Menkes, the technical engineer
retained by the Town, in connection with the proposed new law.
ADJOURNMENT
The meeting was adjourned at 8:35PM
Minutes prepared by
Francine M. Brill
Planning Board Secretary
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