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HomeMy WebLinkAbout2018_08_08 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD IN CONFERENCE ROOM C OF THE TOWN CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK AUGUST 8, 2018 Present: Ralph Engel, Chair, Eileen Weingarten, Edmund Papazian, Elizabeth Cooney, Ron Mandel Alternate Also present: Lisa Hochman, Counsel to Planning Board, Elizabeth Paul, Environmental Planner, Robert Wasp, Town Engineer, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison Absent: Ira Block CALL TO ORDER The meeting was called to order at 7:41 P.M. 1. MINUTES The minutes of July 11, 2018 were discussed. Motion: To approve the minutes of July 11, 2018 with technical corrections Action: Approved Moved by Edmund Papazian, seconded by Eileen Weingarten Vote: 3-2 Ayes: Ralph Engel, Eileen Weingarten, Edmund Papazian Abstain: Elizabeth Cooney, Ron Mandel 2. 33 Glen Eagles Drive - Janet and Stephen Day—Subdivision - Consideration Ms. Hochman stated that 30 days have not yet elapsed since sending the Planning Board's notice of intent to act as lead agency. Ms. Paul stated that the Coastal Zone Management Commission (CZMC) will hear the application at their next meeting. Mr. Wasp stated that he received a "will serve" letter from Westchester Joint Water Works but has not yet received anything from the Westchester County Health Department (WCDOH). The public hearing on the final plat can't be opened until the Mylar is signed by WCDOH. Ms. Hochman stated that the applicant must renotice for the public hearing on the final plat. 2. 2417 Boston Post Road-Maria Katsaros —Special Use Permit—Public Hearing Francine Brill and Rob Wasp stated that the application was duly noticed for a public hearing. Motion: To open the public hearing 1 Action: Unanimously Approved Moved by Elizabeth Cooney, seconded by Eileen Weingarten Maria Katsaros stated that they are here for the special use permit for a retail space. Ms. Paul stated that CZMC found it to be consistent with the Local Waterfront Revitalization Plan. The Board discussed the proposal. The hours of operation were discussed. There were no public questions or comments. Motion: To close the public hearing Action: Unanimously Approved Moved by Eileen Weingarten, seconded by Edmund Papazian RESOLUTION SPECIAL USE PERMIT—2417 Boston Post Road On motion of Eileen Weingarten, seconded by Edmund Papazian, the Special Use Permit application of Maria Katsaros (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was unanimously adopted by a vote of 5 to 0, with no abstentions. WHEREAS,the Applicant submitted an application for a Special Use Permit for use of the premises as retail store for home accessories in the SB-R zoning district and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Lot 446 (the"Application"); and WHEREAS, Section 240-31.B(1) of the Zoning Code of the Town of Mamaroneck lists "Stores for the sale of goods at retail or performance of customary personal services or a service clearly incidental to retail sales, but no fabrication and/or manufacturing except incidental to and on the same premises with such retail sales" as a specially permitted use in the SB-R zoning district; and WHEREAS, a duly noticed public hearing was held on August 8, 2018; and WHEREAS, the Planning Board considered the Application, the plans, comments and responses to questions by the Applicant, the reports and comments of the Planning Board staff and consultants and heard interested members of the public who attended; and WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on July 23, 2018 and issued a letter to the Planning Board, dated August 1, 2018 which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS,this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR § et.seq. and, accordingly, no further action under SEQRA is required; and WHEREAS, Section 240-62 of the Zoning Code of the Town of Mamaroneck provides that the Planning Board shall not grant a special permit unless it determines the standards stated therein have been met. 2 NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as set forth in Section 240-62 of the Zoning Code of the Town of Mamaroneck: A. That the proposed use is in general harmony with the surrounding area and shall not adversely impact upon adjacent properties due to the traffic generated by said use or the access of traffic from said use onto and off of adjoining streets; B. That the operations in connection with the special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of lights or other aspects than would be operations of any permitted use not requiring a special permit; C. That the proposed special permit use will be in harmony with the general health, safety and welfare of the surrounding area and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values; and D. That there are no existing violations of this chapter on the property which is the subject of the application. BE IT FURTHER RESOLVED, that this Board hereby APPROVES the Application subject to the following terms and conditions: 1 Hours of operation will be limited to 9:00 a.m.to 6:00 p.m. Monday through Saturday and from 11:00 a.m. to 6:00 p.m. on Saturday and Sunday. 2. This Special Use Permit shall expire two years from the date hereof 3. This Special Use Permit is subject to the termination requirements set forth in section 240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Zoning Code of the Town of Mamaroneck. 4. Parking, striping and signage shall be indicated on the plan, and shall be installed and properly maintained at the premises, to the satisfaction of the Town Engineer. a. Prior to the issuance of a building permit,the two rows of parking spaces closest to the building on the premises shall be indicated on the plan and on site (the "Designated Parking Spaces") only for vehicles of people working at the proposed store, customers of the proposed store, persons residing in the apartments on the premises and their guests. b. There shall be no overnight parking of commercial vehicles in the Designated Parking Spaces unless such commercial vehicles are in service of the proposed store. 3. 94 Carleon Avenue - 94 Carleon LLC —Residential Site Plan - Public Hearing Francine Brill and Rob Wasp stated that the application had been duly noticed for a public hearing. 3 Motion: To open the public hearing Action: Unanimously Approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Sonia Idelson, the applicant's architect, addressed the Board, stating that the proposed house complies with zoning and the width and height of the house was reduced to address concerns expressed by neighbors. A letter from Bartlett Tree Service was entered into the record and marked Exhibit 1-8-8-18. Mr. Oliveri stated that he has not received a response to comments from his memo. The Board and the applicant discussed the location of the walkway. Mr. Engel asked that fencing, tree protection measures and the walkway be shown on the plans. The Board discussed the height of the roof as compared to the neighboring houses. Mr. Wasp stated that Mr. Polcari determined that the proposed house appears to be zoning compliant but the applicant will need to address a punch list of discrepancies to fix on the plans before Mr. Polcari can issue a memo stating that the proposal complies with applicable zoning. Mr. Engel asked for a complete set of revised and dated plans for the September meeting. PUBLIC COMMENTS Bill Webb of 92 Carleon Avenue addressed the Board and expressed his concerns regarding the height of the house and tree protection. Ms. Idelson responded that trees coming down are in the rear, the Japanese maple on the side will be protected. Ms. Paul stated that the applicant should submit a landscaping plan to show existing and proposed trees. Matt Phillips of 100 Carleon Avenue addressed the Board and expressed his concerns regarding the height of the proposed house, drainage issues and tree protection. He further stated that he spoke to Mr. Wasp regarding drainage and it seems that the plan will alleviate runoff Ms. Paul stated that the driveway removal would not impact the arborvitaes. The height of the proposed house as compared to the neighbors was discussed. Ms. Weingarten stated that the house may be Code compliant but it will be higher than 94 Carleon and look a lot bigger. The pitch of the roof was discussed. Mr. Engel asked if the pitch could be changed to lessen the height. Ms. Idelson responded that she would consult with the owner. Ms. Paul asked if the arborist was aware that there will be excavation and regrading around the dogwood tree, which seems to conflict with Bartletts proposal. Mr. Engel suggested that Ms. Paul and the arborist discuss the plan. Diane Blum of 75 Carleon addressed the Board and asked why the grade is being raised and why they propose10-foot ceiling heights in the basement. Ms. Idelson responded that they are not raising grade, rather they are leveling the slope. Ms. Weingarten stated that the survey shows existing grade at 42-41 feet and proposed is grade is 44 feet. Ms. Blum further asked why 9-foot ceilings are proposed on the second floor and requested the ceiling height be lowered. Ms. 4 Idelson responded that she feels lowering the ceiling height is undesirable as it would sacrifice the openness. Mr. Hoffman, the property owner, stated that he purchased the property to prevent a spec house and pointed out that zoning would allow a much larger house and that he decreased the size and height of the proposed house to address concerns raised by neighbors. Mr. Engel suggested further changes in design regarding height and the visual impact. He asked that complete, revised plans be delivered to the building department for the September meeting. The public hearing remains open and the matter was adjourned to September 12, 2018. 4. 2155 Palmer Avenue -ACURA of Westchester—Residential Site Plan - Consideration Jonathan Villani, the applicant's design consultant, explained the proposal and stated that the owners agreed to unload cars on the site and not Palmer Avenue. The turning radius was discussed. Mr. Oliveri stated that the Town can't monitor or enforce the size of trucks entering the site. Mr. Wasp stated that the Town may allow a change to the curb cut on Harrison to facilitate egress from the site. Mr. Engel suggested the applicant endeavor to legalize the employee angle parking on Harrison and Mr. Oliveri stated that they would still need to comply with parking on site. Drainage was discussed and Mr. Oliveri stated that the drainage needs to be retested in the correct spot. The matter was referred to the Town Fire and Police Departments, CZMC and the City of New Rochelle, Westchester County Planning Department and Metro North. The applicant would need to submit revised plans with accurate depiction of parking before a public hearing can be set. The matter was adjourned to September 12, 2018 NEW BUSINESS The Board discussed whether language should be added to applications to incentivize applicants to prosecute their applications in a more timely and efficient manner. Mr. Engel suggested that if an applicant does not return to the PB in a timely manner they should be removed from the agenda and any outstanding violations should be enforced. Mr. Wasp stated that he will review Code requirements. ADJOURNMENT The meeting was adjourned at 9:19 P.M Minutes prepared by Francine M. Brill, Planning Board Secretary 5