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HomeMy WebLinkAbout2018_11_14 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 NOVEMBER 14, 2018 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira Block, Eileen Weingarten Also Present: Lisa Hochman, Counsel to Planning Board, Robert Wasp, Town Engineer, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison Absent: Ron Mandel, Alternate CALL TO ORDER The meeting was called to order at 7:31 P.M. MINUTES Motion: To approve the minutes of October 10, 2018 Action: Approved Moved by Ira Block, seconded by Eileen Weingarten Vote: Yes: Elizabeth Cooney, Ira Block, Eileen Weingarten, Abstain: Ralph Engel, Edmund Papazian 1. 1262 Boston Post Road- Trader Joe's —Special Use Permit Renewal - Public Hearing Ralph Engel stated that the application is incomplete because, although checklist item 13 is checked the submission did not contain the requisite site plan detail, and the owner authorization the submission was not signed. Mr. Engel also stated that the fire exit was blocked when he was at the store this evening. Mr. Mazin stated that the compactor is not working and the carting company is waiting for a part to repair it and, in the mean time, they are collecting the trash nightly. Mr. Papazian discussed the Town Fire Department's letter concerning safety issues, and a copy of such letter was given to Mr. Mazin so that the applicant could address the concerns with the landlord. Mr. Mazin requested an adjournment to December 12, 2018. 2. 1262 Boston Post Rd-Village Sq. Bagels —Special Use Permit Renewal—Public Hearing 1 Mr. Mazin requested an adjournment to December 12, 2018. 3. 21 York Road—21 York Road Realty LLC —Residential Site Plan - Public Hearing Mr. Engel asked whether the applicant had obtained an opinion from an arborist regarding two large oak trees on the property proposed to be removed. Ms. Paul read the letter from an ISA certified arborist retained by the applicant and the letter was entered into the record and marked Exhibit 11/14/18 - 1. Ms. Paul stated that the front tree is on a small patch of soil, is leaning toward the house and in her opinion, will not survive construction. She further stated that the rear tree has decay is too close to the house and also needs to be removed. Mr. Engel agreed that the rear tree needs to be removed but also suggested that, if there were no circular driveway, the front tree may survive. Mr. Engel asked whether the Board should seek an independent arborist's opinion to see what could be done to save the tree. Mr. Salanitro stated that the applicant has no objection to the Board hiring an arborist to look at the tree, at the applicant's expense. Mr. Block suggested moving the house and removing the circular driveway to save the tree. Ms. Paul stated that the proposed replacement trees should be more substantial. Mr. Staub, the prospective owner, stated that the tree is beautiful but too close to the house and he has no objection to planting more and more substantial trees. Ms. Paul suggested that the applicant should plant additional new trees rather than the Board hiring an independent arborist. Motion: To open the Public hearing Action: Unanimously approved Moved by Eileen Weingarten, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Eileen Weingarten The Board continued discussion of the trees and the proposed landscaping plan. Mr. Papazian suggested that rather than have the applicant spend money on another arborist, the money should go to planting more trees. Public Comments Lisa Kern of 11 Country Club Drive stated that she understands the proposal to reconfigure the driveway but wants to bring to the Board's attention a blind spot at the turn in the road. Steve Kern noted that the greatest risk is to the owners of the subject property because the hill has large plantings on top that impede the view of drivers. Mr. Salanitro addressed their comments and stated that the new curb cut will provide greater sight distance. He further stated that even if material is removed to provide a better line of sight, if the existing driveway remains the grade is higher at that point. 2 Mr. Oliveri stated that the retaining walls are in the Town right of way. Mr. Salanitro stated that he has no objection to working with the Town to make the situation better. Mr. Salanitro requested that a draft resolution be prepared for the December meeting. Mr. Engel stated that a new landscaping plan is required and questioned whether the lone of sight issue should be referred to the Town Traffic Committee. Mr. Oliveri stated that the sight line issue is an engineering issue not a Traffic Committee issue. The Board agreed to leave the public hearing open, and Mr. Engel requested counsel to prepare a draft resolution. Mr. Papazian suggested the landscaper work with Ms. Paul regarding trees. Mr. Engel asked the applicant to provide a photo realistic rendering, with landscaping and neighboring houses shown. Ms. Paul added photos of the trees to the record, marked as Exhibit 11/14/2018 —2. 4. 40 Fernwood Road—Cosimo Panetta —Residential Site Plan - Consideration Frank Marsella, the applicant's architect, addressed the Board for a preliminary site plan review, proposing the removal of a single-family house in the R10 zone and removal of a detached garage, plus changing the driveway to enter and exit from Clover instead of Fernwood. The Board discussed the proposed plan, the utilities, landscaping and engineering. Lot coverage will decrease. Mr. Wasp stated that the storm water management plan has been reviewed and is Code compliant, Mr. Oliveri suggested that pervious pavers be used and he further stated that the cultecs in the rear may cause the basement to flood. Mr. Marsella stated that he thought pervious concrete pavers would be acceptable to the owner and the foundation will be waterproofed. Mr. Wasp asked that perk tests be scheduled. The applicant was referred to Coastal Zone Management Committee and a public hearing was scheduled for December 12, 2018. 5. 1275 Boston Post Road—PETCO —Special Use Permit Renewal- Public Hearing Joseph DiSalvo, the attorney for PETCO, and Chris Duran, the Manager, requested the renewal of the Special Use Permit. Mr. DiSalvo stated that there have been no changes in circumstances since the last renewal of the Special Use Permit in 2016. Mr. Wasp stated that there are no current violations. Motion: To open the Public hearing Action: Unanimously approved Moved by Ira Block seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Eileen Weingarten 3 There were no public comments. Motion: To approve the Special Use Permit Renewal Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Eileen Weingarten SPECIAL USE PERMIT RENEWAL PETCO - 1275 Boston Post Road On the motion of Elizabeth Cooney seconded by Ira Block, the application for renewal of a Special Use Permit for PETCO Animal Supplies, Inc. (hereinafter, the "Applicant") 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 no abstentions. WHEREAS, PETCO Animal Supplies, Inc. ("PETCO" or the "Applicant"), submitted an application for a Special Use Permit Renewal for use of the premises at 1265-1275 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Lot 449 for use for retail sale of small pets, pet food,pet supplies as well as pet grooming, training and care, including limited veterinary services; and WHEREAS, Section 240-30.B of the Code of the Town of Mamaroneck(the "Town Code") lists "Veterinary Hospitals, boarding and care of small pets" as a special permit use; and WHEREAS, a Public Hearing was held on November 14, 2018 pursuant to notice required by Chapter 144 of the Town Code; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6NYCRR§ 617 et seq. and, accordingly, no further action under SEQRA is required; and WHEREAS, the Planning Board has considered the application for renewal of the Special Use Permit, the plans and environmental analysis submitted by the Applicant, comments and responses to questions by the Applicant, the reports and comments of the Consulting Engineer to the Town, and has provided an opportunity for comment by interested members of the public. NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The proposed use, as limited by the conditions set forth herein, is in harmony with the surrounding area and does 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 adjoining streets. 4 2. The operations in connection with the Renewal of the Special Use Permit, as limited by the conditions set forth herein, will be no more objectionable to nearby properties by reason of noise, fumes and vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit. 3. The proposed Renewal of the Special Use Permit, as limited by the conditions set forth herein 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. 4. There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck on the subject property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the applicant for a Renewal of the Special Use Permit for pet grooming, pet training and limited veterinarian services, subject to the following terms and conditions: 1. Veterinary services will be permitted but no surgeries will be performed on site. 2. There will be no boarding of animals on site. 3. Trash will be stored in the existing garbage enclosure, which will be refurbished to the satisfaction of the Director of Building and shall be kept covered and fenced in. 4. The delivery schedule shall be limited as follows; Monday through Friday 8:00 a.m. —6:00 p.m. and Saturday 9:00 a.m.- 6:00 p.m. 5. Deliveries shall be permitted to the front door only. 6. The hours of operation shall be limited as follows: 9a.m. —9p.m. Monday through Saturday; l0a.m—7p.m Sunday. 7. The fence enclosing the existing air conditioning unit shall remain self-closing and self-latching to ensure proper closure, to the satisfaction of the Director of Building. 8. Sound baffling and screening barrier shall remain behind the proposed air conditioning unit to the satisfaction of the Director of Building. 9. The noise of the proposed air conditioning unit shall be no greater than 82 decibels. 10. This Special Use Permit Renewal shall expire on November 14, 2020. 5 11. This Special Use Permit is subject to termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. This decision shall be filed with the Town Clerk. NEW BUSINESS Ms. Cooney suggested that special use permit renewals should be first on the agenda. Ms. Hochman stated that the agenda is in chronological order, based upon when applications are received but that the Chair can change the order of appearances at a meeting. The situation as to the application by the ACURA dealer was discussed. Mr. Engel stated that the dealer is not in compliance with its site plan and asked about enforcement. Mr. Wasp stated that the applicant met with the Building Inspector and they have reached an agreement as to the required number of parking spaces and intend to appear before the PB at the December meeting. Board members expressed frustration with lack of compliance and delay. Mr. Block suggested that in addition to enforcement a letter should be sent to the applicant to advise that if they it does not appear in December, it must reapply: Mr. Wasp is to do so. The Board agreed to revise the PB application to make clear that, if an applicant fails to appear and to prosecute its application at 3 consecutive monthly Planning Board meetings it will be dropped from the agenda and must reapply. ADJOURNMENT The meeting was adjourned at 9:07 PM Minutes prepared by Francine M. Brill Planning Board Secretary 6