Police raise enforcement concerns as ZBA reopens hearing on proposed massage business at 397 Palmer Avenue

The Zoning Board of Appeals in the Village of Mamaroneck reopened a previous hearing on a special-permit application for a massage/spa at 397 Palmer Avenue after the board received a letter from Chief PJ Trujillo reporting enforcement activity at a similar facility.

Board Chair opened the hearing and asked the applicant to address a December police letter that arrived after the record closed. The applicant appeared with a translator, who identified himself as Scott Kwan, and the owner identified himself on the record as Tyson Yuan. Kwan said he had visited the police department to obtain the records the chief had requested but that staff there did not know the process he described; he offered to provide the information the police requested (employee lists, addresses and other documentation).

Why it matters: board members said the village zoning code (referred to in the hearing as Section 3-42 / 3-42.1) requires filings and certifications for massage establishments and that compliance by owners and employees is a condition of operation. Member questioning focused on whether the code obligation should apply to contract workers (1099s) as well as W-2 employees and whether the owner had any other related operations in New York.

Chief PJ Trujillo told the board that the police department had closed eight similar locations in the last three years and asked to be notified when businesses of this type apply so the department can conduct annual inspections and verify licensing and fingerprinting. Trujillo also said the owner and employees would need to be fingerprinted and the police would follow up through detectives for final inspection.

Board members asked the applicant for photographs and floor-plan photos that had not been provided (including the shower, kitchenette and eating area noted on the plans). The applicant agreed to provide the missing photographs and said the company name involved was Sesame 1 Inc. and that the corporate mailing address on state filings had not been updated; the applicant said the corporation remained active and would correct the address information. The owner said the business planned to employ two licensed massage therapists initially and that they would be full-time employees, not subcontractors.

The chair and other members emphasized that a special permit presumes compliance with code requirements and that the board historically interprets the sequence of approvals to allow permit issuance followed by compliance filings. The board asked that the applicant submit the missing photographs and any documentation requested by the building inspector in advance of the next meeting. The board left the hearing open for those materials.

The board did not vote to deny or approve the permit at the session; instead, members requested the additional documentation and agreed to place the matter back on the agenda so the board could review the requested evidence before making a final determination.

Next steps: The applicant agreed to provide the requested photos and documentation within about a week; the board will list the matter on the next agenda for limited review and possible final action.