WHEREAS, Gold Coast Magic Realty LLC (Manhasset Express Car Wash) (the "Applicant”) is seeking to legalize alterations to a drive-through facility, including the installation of vacuum stations and a drive-through pre-pay island and canopy, on a 29,122 s.f. (0.66 acre) parcel used as a car wash at the property located at 201 East Shore Road, Manhasset, New York, and identified on the Nassau County Land and Tax Map as Section 2, Block 210, Lots 55 and 68 (the "Application" or “Action”); and
WHEREAS, it has been determined that the Application requires a special use permit approved by the Town Board pursuant to Town Code §70-203(T) for the construction or alteration of drive-through facilities, using the standards set forth in Town Code §70-225(B)(1) (the “Special Use Permit”); and
WHEREAS, all necessary reports, recommendations, and comments on the Project have been filed with this Board by the Department of Planning and Environmental Protection (the “Planning Department”) of the Town pursuant to Town Code §§ 70-203(T)(3) and 70-219(A)(2); and
WHEREAS, the Town Clerk, pursuant to and in accordance with Town Code, has published notice of a public hearing scheduled for March 12, 2024 (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 58-2024, adopted on February 6, 2024, to consider the Application; and
WHEREAS, the Applicant, in the manner required by Town Code § 70-240(C), has furnished proof of service of notice of the Public Hearing to the affected property owners within a 200-foot radius of the Premises, and filed an affidavit as to the mailing of such notices as required thereunder; and
WHEREAS, the Town’s Department of Building Safety, Inspection and Enforcement (the “Building Department”) issued a Notice of Disapproval citing the following items requiring Town Board approval: (1) the proposed maintenance of vacuum stations and drive-through pre-pay island and canopy; and (2) the relocation of pre-pay island and canopy to inside the property line; and
WHEREAS, pursuant to General Municipal Law § 239-m, the Nassau County Planning Commission (the “Commission”) was furnished with copies of the site plan and the Short Environmental Assessment Form (the “SEAF”); and
WHEREAS, by letter decision dated February 14, 2024, the Nassau County Planning Commission reviewed the case and deferred to the Town to take action as the Town deems appropriate; and
WHEREAS, the Planning Department has reviewed the Application and recommends approval of same; and
WHEREAS, it is required that a “lead agency” be established to review the Action pursuant to the rules and regulations for implementation of the New York State Environmental Quality Review Act as set forth in Title 6, Part 617.6 (b) of the Official Compilation of Codes, Rules, and Regulations of the State of New York (“SEQRA Regulations”); and
WHEREAS, this Board, through action of the Planning Department pursuant to Town Code §20-4, has established itself as lead agency and wishes to render a determination of significance pursuant to the SEQRA regulations; and
WHEREAS, the Board has reviewed the determination of the Planning Department, dated February 21, 2024, and the Negative Declaration indicating that the action constitutes an “Unlisted Action” pursuant to Section 617.2(al) of the SEQRA Regulations which will not result in any significant adverse impacts on the environment based upon the analysis set forth in the SEAF Parts 1, 2 and 3, for the reasons that: (1) the proposed action does not change the use of the property or the impervious area; (2) the proposed action will not result in an increase in traffic, energy usage, water or sewer demand, storm water or flooding; and (3) the proposed action is not anticipated to result in any environmental hazards; and
WHEREAS, this Board has carefully considered the Application, testimony and other relevant evidence at the Public Hearing held on March 12, 2024, and afforded all interested persons the opportunity to be heard; and
WHEREAS, this Board now wishes to render a decision on this Application.
NOW, THEREFORE, BE IT
RESOLVED that the Town Board declares itself “lead agency” under the SEQRA Regulations for the Action; and be it further
RESOLVED that this Board hereby adopts the Planning Department’s Determinations and Negative Declaration, finding that the Action is an “Unlisted Action” which will not result in any significant adverse impact on the environment, based upon the analysis set forth in the SEAF; and be it further
RESOLVED that, pursuant to Town Code §§ 70-203(T) and 70-225.B(1), the Application is hereby granted, and the Special Use Permit is hereby approved; and be it further
RESOLVED that a copy of this resolution shall be filed with the Town Clerk, and, pursuant to Town Code §§ 70-203(T) and 70-225, the Building Commissioner is hereby authorized and directed to issue a building permit: (1) upon compliance with the application requirements as set forth in the Town Code; and (2) upon any other conditions or requirements imposed by any other governmental entity having jurisdiction over the Premises, except as herein above set forth, and to take such other action as may be necessary to effectuate the foregoing.
Dated: Manhasset, New York
March 12, 2024
The vote on the foregoing resolution was recorded as follows:
Ayes: Councilperson Adhami, Councilperson Dalimonte Councilperson Liu, Councilperson Scott, Councilperson Troiano, Councilperson Walsh, Supervisor DeSena.
Nays: None.
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