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HomeMy WebLinkAbout2018_03_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 MARCH 14, 2018 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira Block Also Present: Lisa Hochman, Counsel to Planning Board, Robert Wasp, Town Engineer, Elizabeth Paul, Environmental Planner, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison Absent: Ron Mandel, Eileen Weingarten CALL TO ORDER The meeting was called to order at 7:32 P.M. 1. MINUTES Motion: To approve the minutes of February 7, 2018 with technical corrections Action: Approved Moved by Elizabeth Cooney, moved by Ira Block Vote: Ralph Engel, Chairman, Elizabeth Cooney, Ira Block Abstain: Edmund Papazian 2. 16 Wildwood Circle—Davidson—Wetlands & Watercourses Permit and Residential Site Plan - Public Hearing Continued Anthony Gioffre, the applicant's attorney, addressed the Board, stating that there was a site visit attended by all the involved engineers and everyone was satisfied that the drainage system would be adequate. Mr. Oliveri confirmed Mr. Gioffre's comments stating that the applicant is adding a French drain to the plan. He further stated that he has reason to object to about the project. Mr. Wasp stated that the previous plans had met the requirements and confirmed that Mr. Salanitro and the neighbor's engineer had no problem with the proposed plan. The Board had no further comments. There were no public questions or comments. Motion: To close the public hearing Action: Approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Ira Block Edmund Papazian. 4-0 The draft resolution was discussed. 1 Motion: To Approve the Draft resolution with technical corrections Motion: To approve the resolution with technical corrections Action: Approved Moved by Ira Block, seconded by Edmund Papazian Vote: Ralph Engel, Elizabeth Cooney, Ira Block Edmund Papazian. 4-0 RESOLUTION On motion of Ira Block, seconded by Edmund Papazian, the application of Cara and Michael Davidson(the"Applicant")for approval of a residential site plan and a wetlands and watercourses 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 4 to 0 with no abstentions. WHEREAS, the Applicant submitted an application for approval of(i) a Residential Site Plan pursuant to Chapter 178 of the Town of Mamaroneck Town of Mamaroneck Code (the "Town Code") and (ii) a Wetlands and Watercourses Permit pursuant to Chapter 114 of the Town Code (collectively, the "Application"); and WHEREAS, the Property is located at 16 Wildwood Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Section 5, Block 507, Lots 44 and 54 (the "Property") in the R-10 District; and WHEREAS, the Applicant proposes to replace an existing pool, repair the sea wall, create new patio areas and install a stormwater management system with rain gardens at the Property (the "Proposed Action"); and WHEREAS,the Applicant has provided all information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in accordance with Section 178-9 of the Residential Site Plan Law and no comments were received; and WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on January 22, 2018 and issued a letter to the Planning Board, dated January 29, 2018, which stated, inter alia, that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS, the following plans were reviewed by the Town Engineer, the Town's consulting Engineer and the Town's Acting Building Inspector (hereinafter collectively referred to as the "Plans": • Topographic Survey of Property, prepared by Link Land surveyors, P.C., dated 12/4/2017; E 2 • Plans entitled: "Site Improvements for the Davidson Residence", prepared by Renee Byers, Landscape Architect, P.C., dated 1/16/18, last revised February 21, 2018; E • Plans entitled: "Proposed Pool and Patio, 16 Wildwood Circle", prepared by Hudson Engineering and Consulting, PC, dated 1/16/18; last revised February 19, 2018; E • Plans entitled: "Seawall Rehabilitation", prepared by Race Coastal Engineering, PC, dated 1/16/18; E • "Stormwater Management Plan and Drainage Analysis", prepared by Hudson Engineering and Consulting, PC, dated 1/16/18; E • "Wetlands and Soils Survey" prepared by Paul J. Jaehnig, dated 11/29/17; E WHEREAS, a duly noticed public hearing for the Application was held on February 7 and March 14, 2018; and WHEREAS, the Town Engineer, Town Consulting Engineer and Town Environmental Planner each stated that he/she finds the above-referenced Plans to be acceptable; and WHEREAS, the Board finds that the Application conforms to the standards established by Section 178-12 of the Residential Site Plan Law; and WHEREAS, Ralph Tarchine, the Town's Building Inspector, issued a memo to the Planning Board dated, January 30, 2018, stating that the application is zoning compliant; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act and 6 NYCRR§ 617 et seq. and Section 92-8.A(8) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS, in accordance with §114-7(D) of the Town Code, the Board has considered the following: 1. all available reports concerning the Proposed Action from other commissions, including the CZMC, and Town, County, State and/or Federal agencies; 2. all relevant facts and circumstances pertaining to the Proposed Action, including but not limited to: a. any potential environmental impact of the Proposed Action: The Planning Board finds the Proposed Action will not give rise to negative environmental impacts because the improvements constitute in-kind repair and replacement to existing site components and will result in reduction of on site impervious coverage, increase the wetland buffer and add rain garden plantings. In addition, the 3 Board determines that the construction methods for the seawall will result in enhanced protection of the wetlands and watercourses from degradation that would result from debris and eroded soil entering the river from the existing deteriorated wall. b. the alternatives to the Proposed Action: The Planning Board finds the Proposed Action is a reasonable and environmentally sensitive approach to allow the Applicant to enjoy the Applicant's property while making significant contributions to the integrity of the wetland and watercourse. Therefore, the Board further determined that a "No Action"alternative would result in debris and soil continuing to enter the Premium River and the eventual collapse of the seawall. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in §114-1 of the Town Code: The Planning Board finds that wetland functions will be improved due to increased wetland buffer vegetation, rain gardens and additional plantings on the Property. 3. the availability of preferable alternative locations for the Proposed Action on the subject parcel: The Planning Board finds that alternative locations were properly rejected by the Applicant because they were deemed no more protective of wetland and environmental benefits, nor did they meet the Applicant's needs. 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that the Applicant's proposal includes sufficient technical safeguards including Tideflex TF-2 Check valves to prevent backflow into the proposed storm water system as well as a cartridge filter for the swimming pool. 5. the possibility of avoiding reduction of the wetland's or watercourse's natural capacity to support desirable biological life, prevent flooding, control sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; The Planning Board finds that the proposed storm water system,plantings and sea wall repair will enhance the natural functions of the Premium River and its buffer. 6. the extent to which the public or private benefit derived from such use may or may not outweigh or justify the possible degradation of the wetland or watercourse, the interference with the exercise of other property rights, and the impairment or endangerment of public health, safety, or welfare: The Planning Board finds that the Proposed Action materially enhances the Applicant's proposed use of its property and poses no threat to the public health, safety or welfare. 4 WHEREAS, the Planning Board has considered the Application and Plans; comments and responses to questions by the Applicant and its representatives; the memos, letters, reports and comments of the Town Engineer, Town Building Inspector, Town Environmental Planner and Town's Consulting Engineer and CZMC; correspondence from the U.S. Army Corps of Engineers and New York State Department of Environmental Conservation; and has heard interested members of the public. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board further finds, pursuant to §114-7(E) of the Town Code, based on the record before it, that the Applicant's proposed regulated activity is consistent with the purposes of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses Protection Law of the Town of Mamaroneck, as set forth in §114-1 and that the action to be taken will minimize all adverse effects on such policy to the maximum extent practicable: 1. To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the natural benefits of wetlands and watercourses that is consistent with the general welfare and beneficial economic and social development of the town; and 2. To ensure maximum protection for wetlands and watercourses by discouraging degradation within them and within their buffers that may adversely affect these natural resources; to encourage restoration of already degraded or destroyed wetlands, watercourse and buffers; and to ensure "no net loss" of wetlands and watercourse areas. BE IT FURTHER RESOLVED, that the Planning Board APPROVES the Application and GRANTS the Wetlands and Watercourses Permit as reflected in the hereinabove identified Plans submitted in connection with the Application, subject to the following terms and conditions: General Conditions: 1. All site work shall be in accordance with the latest revised Plans, as herein referenced. 2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 3. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require any modification to the site plan approved by this resolution, a determination shall be made by Town Building Inspector in consultation with the Town Engineer as to whether the modification is substantial and should be further considered by the Planning Board. 4. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan is delivered to the Town Building Inspector. 5 5. Prior to the issuance of a certificate of occupancy, the Applicant shall deliver to the Town Building Inspector an "as built" survey, including but not limited to, topography, all constructed site utilities and stormwater management structures. 6. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy shall be issued until all of the required conditions of this approval have been met. 7. Prior to the commencement of construction, appropriate measures shall be undertaken to control erosion and minimize water turbidity during construction, including stabilization of the riverbank. 8. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval prior to commencing site work. The Applicant shall notify the Town Building Inspector and Town's Consulting Engineer at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices, and tree and stream protection measures. 9. Work conducted under Town permits shall be open to inspection at any time, including weekends and holidays, by the Town of Mamaroneck Building Inspector, the Town's Consulting Engineer and Environmental Planner or their designated representative(s). 10. The Wetlands and Watercourses Permit shall expire two years from the date it is issued. 11. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 12. Violation of any of the conditions imposed herein may result in revocation of the Wetlands and Watercourses Permit and any other permits the Town may deem appropriate. 13. The development must comply with Chapter 110 of the Town Code to the satisfaction of the Town Building and Engineering Department. 14. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to the estimated cost of the improvements within the wetland buffer. This can be combined with the Erosion and Sediment Control Permit bond to ensure satisfactory completion of the project and the rehabilitation of the affected or disturbed areas. 15. Any tree removal and planting plan shall be in compliance with Chapter 207 of the Town Code (Trees) and work shall be completed to the satisfaction of the Town Environmental Planner. The applicant is required to obtain a tree removal permit and post a $750 bond for 3 required replacement trees. 16. The term "Applicant" is used herein with the intent to impose a future obligation or condition, and shall include the Applicant, as defined above, and any successors or assigns in/of ownership interests in the Property or any portion thereof 6 Specific conditions: 17. Temporary construction activities and permanent site grading shall not direct or discharge stormwater runoff onto the adjoining parcel at No. 14 Wildwood Circle. 18. The Applicant shall address all outstanding issues identified by the Town Engineer, including but not limited to the following items prior to the issuance of any Town permits: a. Revise drawing sheet "C-2" to clearly delineate the path of construction access crossing the temporary steel plates installed in the front yard. b. Show the alignment of the existing water and gas service connections on drawing sheet "C-2" that will be protected during construction. c. Revise the stormwater narrative to reference the standards adopted from the 2016 NYSDEC New York Standards & Specifications for Erosion and Sediment Control, and NYSDEC SPDES General Permit GP-0-15-002. d. Revise drawing sheets "L-2.0", "L-2.1", L-2.2", "L-6.0" and "C-2" to include an endorsement block for the Town Engineer in accordance with §178-13 including the following statement "Approved by Resolution of the Planning Board dated March 14, 2018." 3. 1262 Boston Post Road-Espresso Cafeto —Special Use Permit Andrew Spatz, the applicant's attorney, stated that this is the applicant's 3rd appearance before the Board and the Applicant appeared before the Traffic Committee and received its approval. The Board discussed the application. Don Mazin, Esq. submitted written testimony and wished the applicant best of luck. Motion: To approve the resolution Action: Approved Moved by Elizabeth Cooney, seconded by Edmund Papazian Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian Abstained: Ira Block RESOLUTION On motion of Elizabeth Cooney, seconded by Edmund Papazian, the Special Use Permit application of Magnolio LLC d/b/a Espresso Cafeto (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 3 to 0,with 1 abstention. 7 WHEREAS,the Applicant submitted an application for a Special Use Permit for use of the premises at 1262 Boston Post Road in the B-R zoning district and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 (the"Application"); and WHEREAS, the Building Inspector has determined that the proposed use is consistent with the definition of"Luncheonette" as defined in the Town Code; and WHEREAS, Section 240-30.B.8 (240-30.C.7) of the Zoning Code of the Town of Mamaroneck lists "Luncheonettes" as a specially permitted use in the B-R zoning district; and WHEREAS, the Applicant agreed that at no time will the premises have more than 19 seats (excluding high chairs and child booster seats); and WHEREAS, a duly noticed public hearing was held on February 7 with written comments accepted until March 14, 2018; and WHEREAS, the Planning Board referred the Application to the Town Traffic Committee which considered the proposal at its meeting on March 6, 2018; and WHEREAS, a memo to the Planning Board from Stephen V. Altieri, Town Administrator, dated March 12,2018 stated that the Traffic Committee determined that the Application will not adversely impact the adjacent properties and that there is no need to install traffic control devices and that the existing parking spaces in the Village Square Shopping Center will be sufficient to service the patrons of Espresso Cafeto; 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; and WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on January 22, 2018 and issued a letter to the Planning Board, dated January 29, 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. 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 8 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. D. That there are not 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 7:00 a.m. to 5:00 p.m. Monday through Friday and from 7:00 a.m. to 4:00 p.m. on Saturday and Sunday. 2. This Special Use Permit shall expire on March 14, 2020. 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 240-30B of the Zoning Code of the Town of Mamaroneck. 4. The Applicant shall comply with all applicable and necessary permits from the Westchester County Department of Health and the New York Department of Environmental Conservation. 5. The Applicant shall have no more than nineteen(19) seats on the premises, exclusive of high chairs and child booster seats. Mr. Spatz and Ms. Soto thanked the Board. 4. 725 Forest Ave - Shen Group Reality Estate LLC —Residential Site Plan - Public Hearing Bill Lachenauer, the applicant's engineer, stated he was present to present answers to the comments received from Town staff Motion: To open the public hearing Action: Approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block The Board discussed the proposed 2-story addition. There were no public questions or comments. Motion: To close the public hearing Action: Approved 9 Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block Motion: To approve the resolution Action: Approved Moved by Ira Block, seconded by Edmund Papazian Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block RESOLUTION On motion of Ira Block, seconded by Edmund Papazian, the site plan application of Shen Group Realty Estate LLC(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 4 to 0, with no abstentions. WHEREAS, the Applicant has applied for residential site plan approval to construct a single family house (the "Application") at property located at 725 Forest Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220, Lot 412 (the "Property"); and WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter 178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); and WHEREAS,the Applicant has provided all information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in accordance with Section 178-9 of the Residential Site Plan Law and no comments were received; and WHEREAS, in accordance with Chapter 234 of the Town Code, the Application was referred to the Coastal Zone Management Commission ("CZMC"); and WHEREAS, the CZMC considered the Application at its meeting on November 27, 2017 and issued a letter to the Planning Board, dated December 4, 2017, stating that it found the proposed action to be consistent with the policies of the Local Waterfront Revitalization Plan; and WHEREAS, the CZMC further stated that, due to the presence of ledge rock and the proximity of the property to a flood zone, it recommended that test pits be dug in the location where the proposed infiltrators are to be located and any existing stormwater infrastructure on site be inspected to determine if it is still performing as designed; and WHEREAS, the Town Engineer, the Building Inspector and Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): 10 The following plans prepared by Yestadt Architecture, dated September 14, 2017 • P-1: Radius Map, Zoning Chart, Distance Map, Exist and Proposed Site Plans, last revised February 8'2018 • P-2: Landscape Plans • A-1: Exist &Proposed Site Plans, Location Plan, Zoning Chart, Existing Plans, Existing Elev, last revised February 8, 2018. • A-2: Basement and First Floor Plan • A-3: 2nd Floor, Attic & Roof Plans • A-4: REF. CLG. Plans • A-5: Exterior Elevations • A-6: Exterior Elevations • A-7: Interior Elevations • A-8: Details • A-9: Building Section & Details • A-10: Specification, Load Path Details & Schedules • A-1l: Finish Schedule, Energy Code, Stair & Chimney Details • DST: Site Disturbance The following documents prepared by Hudson Engineering & Consulting, P.C, dated January 22, 2018: • C-1: Stormwater Management Plan, last revised February 13, 2018 • C-2: Details, last revised February 13, 2018 • "Stormwater Management Plan & Drainage Analysis", dated January 22, 2018 WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing as to the Application on March 14, 2018; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the CZMC letter; the reports and comments of the Town's consulting engineer; and the comments of interested members of the public; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act and 6 NYCRR§ 617 et seq. and Section 92- 8.A(22) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS, the Board finds that the Application conforms to the standards established by Section 178-12 of the Residential Site Plan Law. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application as reflected in the hereinabove specified Plans submitted in connection with the Application: 11 BE IT FURTHER RESOLVED that this Board APPROVES the Application subject to the following terms and conditions: General conditions: 1. All site work shall be in accordance with the latest revised Plans, as herein referenced. 2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 3. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require any modification to the site plan approved by this resolution, a determination shall be made by Town Building Inspector in consultation with the Town Engineer as to whether the modification is substantial and should be further considered by the Planning Board. 4. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector prior to any site disturbance. 5. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer and the Town Building Inspector for approval prior to commencing site work. 6. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan is delivered to the Town Building Inspector. 7. Prior to the issuance of a certificate of occupancy, the Applicant shall deliver to the Town Building Inspector an "as built" survey, including but not limited to, all constructed site utilities and stormwater management structures. 8. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy shall be issued until all of the required conditions of this approval have been met. 9. The term "Applicant"is used herein with the intent to impose a future obligation or condition and shall include the Applicant, as defined above, and any successors or assigns in/of ownership interests in the Property or any portion thereof 10. Revise drawing sheets "Al", "Pl" & "C-1 to include an endorsement block for the Town Engineer in accordance with §178-13 including the following statement "Approved by Resolution of the Planning Board dated March 14, 2018." Specific conditions: 11. Implementation of plantings shown on P-2, hereinabove referenced, shall be to the satisfaction of the Town Environmental Planner. 12. The Applicant shall address the following items to the satisfaction of the Town Engineer prior to the issuance of any Town permits: 12 a. Revise the layout of the proposed infiltration chambers to provide a minimum of 5 feet horizontal separation to the existing water service intended to be reused. b. Relocate the proposed temporary sanitary facility to be set back from the curb line as shown on the current plan. 5. 10 York Road - Laura and Yuval Grill - Residential Site Plan -Public Hearing Bill Lachenauer, the applicant's engineer, addressed the Board and described the project. Motion: To open the public hearing Action: Approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block The Board discussed the plan. There were no public questions or comments Motion: To close the public hearing Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block Motion: To approve the resolution Action: Approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block RESOLUTION On motion of Edmund Papazian, seconded by Elizabeth Cooney, the site plan application of Yuval and Laura Grill (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 4 to 0 with no abstentions. WHEREAS, the Applicant has applied for residential site plan approval to renovate a single family house (the "Application") at property located at 10 York Road, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 228, Lot 395 (the "Property"); and WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter 178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); and 13 WHEREAS,the Applicant has provided all information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in accordance with Section 178-9 of the Residential Site Plan Law and no comments were received; and WHEREAS, in accordance with Chapter 234 of the Town Code, the Application was referred to the Coastal Zone Management Commission ("CZMC"); and WHEREAS, the CZMC considered the Application at its meeting on November 27, 2017 and issued a letter to the Planning Board, dated December 20, 2017 (the "12/20 CZMC Letter"), stating that it found the proposed action to be inconsistent with the policies of the Local Waterfront Revitalization Plan ("LWRP") due to the location of the infiltrators within the flood zone and the significant increase in impervious surface within the wetland buffer; and WHEREAS, the 12/20 CZMC Letter recommended that the Applicant (i) use pervious surfaces for the patios and driveways to minimize the impact on the Sheldrake River and (ii) redesign and relocate the stormwater management system to an area outside the flood zone; and WHEREAS, based on the foregoing recommendations, the Applicant submitted an amended proposal to the CZMC for its January 22, 2018 meeting; and WHEREAS, the CZMC issued a letter, dated January 29, 2018 (the "1/29/18 CZMC Letter"), which stated that the amended application does not reduce impervious cover but does relocate the stormwater system to the front of the property and further noted that it is designed to capture stormwater runoff for the 25-year storm; and WHEREAS, the CZMC requested that the system be enlarged to capture runoff for the 100-year storm and the Applicant agreed to do so and, as stated in the 1/29/18 CZMC Letter, with this provision it finds the proposed action to be consistent with the LWRP; and WHEREAS, the Applicant is required to secure a floodplain permit pursuant to Chapter 110 of the Town Code; and WHEREAS, The provided design documents demonstrate that proposed development activities will not result in the loss of volumetric storage capacity within the mapped floodplain limits and that the new construction will comply with applicable requirements of Town Code §110-12 for issuance of a Floodplain Development Permit by the Building Department; and WHEREAS, the Town Engineer, the Building Inspector and Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): The following plans prepared by Yestadt Architecture, dated December 20, 2017: • A-1: Distance Proximity Plan—Zoning Chart. • A-2: Proposed Basement Plan • A-3: Proposed 1st Floor Plan 14 • A-4: Proposed Plan • A-5: Proposed Plan • A-6: Proposed Elevations • A-7: Proposed Elevations • A-8: Proposed Section • A-9: Proposed Ref Clg. Plans • A-10: Proposed Interior Elevations • A-1 1: Proposed Interior Elevations • A-12: Details • A-13: Schedules & Spec • A-14: Framing Heights • LA-P: Plant List The following plans prepared by Westover Landscape Design, dated September 20, 2017: • LA: Landscape Master Plan, last revised October 15, 2017 The following documents prepared by Hudson Engineering & Consulting, P.C, dated December 14, 2017: • C-1: Offsite Conditions • C-2: Stormwater Management Plan, last revised February 21, 2018 • C-3: Details, last revised February 13, 2018 • "Stormwater Management Plan & Drainage Analysis", dated December 14, 2017, last revised January 23, 2018 WHEREAS, after compliance with the notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing as to the Application on March 14, 2018; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the CZMC letters; the reports and comments of the Town's consulting engineer; and the comments of interested members of the public; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act and 6 NYCRR§ 617 et seq. and Section 92- 8.A(22) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS, the Board finds that the Application conforms to the standards established by Section 178-12 of the Residential Site Plan Law; and WHEREAS, the Application was granted certain area variances by the Town Zoning Board of Appeals (the "Zoning Board") on August 2, 2017 as reflected in a resolution filed with the Town Clerk on August 14, 2017 (the "ZBA Resolution"); and 15 WHEREAS, the term of the ZBA Resolution was extended by the Zoning Board at its February 28, 2018 meeting (the "2/28/18 ZBA Resolution"; and WHEREAS, the 2/28/18 ZBA Resolution requires the extension of the patio to be four (4) feet shy of the side property line. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application as reflected in the hereinabove specified Plans submitted in connection with the Application: BE IT FURTHER RESOLVED that this Board APPROVES the Application subject to the following terms and conditions: General conditions: 1. All site work shall be in accordance with the 2/28/18 ZBA Resolution and the latest revised Plans, as herein referenced. 2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 3. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require any modification to the site plan approved by this resolution, a determination shall be made by Town Building Inspector in consultation with the Town Engineer as to whether the modification is substantial and should be further considered by the Planning Board. 4. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector prior to any site disturbance. 5. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer and the Town Building Inspector for approval prior to commencing site work. 6. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan is delivered to the Town Building Inspector. 7. Prior to the issuance of a certificate of occupancy, the Applicant shall deliver to the Town Building Inspector an "as built" survey, including but not limited to, all constructed site utilities and stormwater management structures. 8. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy shall be issued until all of the required conditions of this approval have been met. 10. The term "Applicant"is used herein with the intent to impose a future obligation or condition and shall include the Applicant, as defined above, and any successors or assigns in/of ownership interests in the Property or any portion thereof 11. Revise drawing sheets "Z-1", C-2" & "Landscape Master Plan" to include an endorsement block for the Town Engineer in accordance with §178-13 including the 16 following statement "Approved by Resolution of the Planning Board dated March 14, 2018." Specific conditions: 12. The Applicant shall address the following items to the satisfaction of the Town Engineer prior to the issuance of any Town permits: a. Extend the illustrated limits of land disturbance to incorporate temporary construction disturbance within the right-of-way. b. Revise the SWPPP narrative to reference the updated 2016 NYSDEC Blue Book and SPDES Permit GP-0-15-002. c. Incorporate Town of Mamaroneck standard construction detail for replacement curb construction matching existing conditions. d. Note that a pipe cleanout or alternative Wye connection shall be installed at the union of subsurface drainage pipes located north of the detention system. e. Illustrate proposed surface grades in the area of the expanded patio in the rear yard. £ Relocate the proposed temporary sanitary facility to be set back from the curb line. 6. 2434 Boston Post Road-Larchmont Car Wash—Special Use Permit Renewal- Public Hearing Motion: To open the public hearing Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block Michael Lage, the General Manager, addressed the Board to request the renewal of the special use permit. Mr. Wasp stated that he has inspected the plans as well as the site and has proposed conditions to be attached to any approval. There were no public questions or comments. The Board discussed the draft resolution, including the expiration date. Motion: To close the public hearing Action: Approved Moved by Elizabeth Cooney, seconded by Edmund Papazian Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block Motion: To approve the resolution Action: Approved 17 Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block RESOLUTION On motion of Elizabeth Cooney, seconded by Ira Block, the Special Use Permit Renewal application of 2434 Boston Road Realty Corp. (the"Applicant")was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 4 to 0, with no abstentions. WHEREAS, the Applicant submitted an application for the renewal of a Special Use Permit on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Parcel 326.1; and WHEREAS, the Town of Mamaroneck Planning Board(the "Planning Board") has determined that the proposed action is a Type II action and that, therefore, no further action is required under the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act; and WHEREAS, the Planning Board conducted a Public Hearing on March 14, 2018; and WHEREAS, the Planning Board has considered the application of renewal of a Special Use Permit, the plans and zoning report and environmental assessment completed by the applicant, comments and responses to questions by the applicant, the reports and comments of the Building Inspector and/or Consulting Engineer to the Town and any comments by interested members of the public. NOW, THEREFORE, BE IT RESOLVED that the Planning Board makes findings of facts as follows: 1. 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. 2. The operations in connection with 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. 3. The proposed 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. 4. The property subject to this Special Permit has no existing violation of the Town of Mamaroneck Zoning Ordinance. 5. The applicant has demonstrated that there has been no change in circumstances in the area, which would require the Planning Board to deny this request. 18 BE IT FURTHER RESOLVED that this Board GRANTS this application for the RENEWAL of a Special Use Permit subject to the following terms and conditions: 1. There shall be no signage placed on the rear of the site. 2. No gasoline shall be sold at the site. 3. Maximum hours of operation shall be from 7:00 a.m. to 8:00 p.m. Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sunday. 4. There shall be no externally audible public address system, bullhorns or walkie- talkies on the premises. 5. All lights, except for security lighting, shall be turned off at the close of business. 6. All lights, including those for the driveway, shall be directed toward the building and away from neighboring properties, particularly the residential properties to the rear. 7. This Special Use Permit Renewal shall expire on March 9, 2019. 8. This Special Permit Renewal 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. 9. Re-installation of pavement markings shown on the approved site plan shall be made to the extent determined by the Town Engineer. 10. The Applicant shall prepare and file with the Building Department an updated site plan drawing, based upon current site conditions, on or before April 30, 2018. 11. A licensed professional engineer shall complete an inspection of all onsite water management systems within 30 days of the date hereof, at the Applicant's expense. Such engineer shall prepare a report based upon the inspection findings detailing the condition and required system maintenance and shall submit it to the Town Engineer by April 30, 2018, for review and acceptance by the Town Engineer. Submittal of such maintenance inspection reports shall continue to be made annually on or before each April 30th. 12. On or before each April 30th, the Applicant shall submit to the Town Engineer documentation to demonstrate the performance of necessary maintenance for the proper operation of the car wash water recovery and reuse systems. Maintenance records must be prepared and submitted by a competent individual having knowledge of the car wash mechanical systems to the satisfaction of the Town Engineer. 7. 2430 Boston Post Road-Nordone and Sons—Special Use Permit Renewal- Public Hearing 19 Joe Nordone and Sam Nordone addressed the Board to request a Special Use Permit renewal. Motion: To open the public hearing Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block The Board discussed the request as well as issues related to parking Mr. Engel stated that some of the parking issues seem to be cleared up. Mr. Engel suggested that the applicant resolve parking issues with the Town prior to the next renewal. Mr. Wasp stated that he has reviewed the plans and visited the site. He suggested conditions to be attached to the Board's approval. Ms. Paul stated she has no environmental concerns. The Board agreed that the permit should be renewed for one year. Motion: To close the public hearing Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira BLock Motion: To approve the resolution Action: Approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block RESOLUTION On motion of Elizabeth Cooney, seconded by Ira Block, the Special Use Permit Renewal application of Nordone & Sons Auto Body, Inc. (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 4 to 0,with no abstentions. WHEREAS, the Applicant submitted an application for a Special Use Permit Renewal for use of the premises at 2430 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 421 to perform auto body and fender repair; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR§ 617 et seq., and accordingly, no further action under SEQRA is required; and WHEREAS, an inspection of site conditions for compliance with former conditions of special use permit was completed by Town staff on November 1, 2017; and 20 WHEREAS, site observations and recommendations were summarized in a memorandum to the Planning Board from the Town Engineer, dated January 29, 2018; and WHEREAS, the Applicant has completed corrective work on the parcel in response to recommendations by the Town Engineer and has agreed to address remaining issues as conditions of special use permit renewal; and WHEREAS, a Public Hearing was held on March 14, 2018 pursuant to notice; and WHEREAS, the Planning Board, having considered the application for the Special Use Permit Renewal, the plans and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, comments of the Consulting Engineer to the Town and having heard 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 general harmony with the surrounding area and, due to the conditions herein set forth, 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. 2. The operations in connection with the Special Use Permit Renewal 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 Renewal. 3. The proposed Special Use Permit Renewal 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. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Nordone & Sons Auto Body, Inc. for a Special Use Permit Renewal for an automobile repair facility performing auto body and fender repair at the premises located at 2430 Boston Post Road subject to the terms and conditions set forth below: 1. Services on the premises shall be limited to auto body and fender repair. No repairs requiring breakdown of the motor,transmission or universal joints shall be permitted. Repairs to the electrical system shall not be performed, except as related to accidents and theft. 2. Only sanding, painting, polishing and reassembly of vehicles shall be performed on the lower level. 3. The applicant agrees to provide and maintain the pollution control services and activities previously set forth in a memorandum from the Coastal Zone Management Commission, dated December 5, 1990, and such activities shall constitute conditions of this Special Permit. 21 4. Hours of operation shall be from 8:00 a.m. to 7:00 p.m. Monday through Saturday. However, drop-off and pickup shall be permitted outside of these hours. 5. No noise emanating from inside the building shall be audible outside the building and there shall be no externally audible public address system, bullhorns or walkie- talkies on the premises. 6. All lights, except for security lighting, shall be turned off when the premises are vacated for the evening. 7. All lights for the driveway and parking area shall be directed towards the building. 8. All doors shall be kept closed while work is in progress, except for times when the vehicles are moving in and out of the building. All work shall be performed inside the building. 9. The applicant shall maintain and use reasonably available odor control technology. 10. The applicant shall promptly furnish current copies of all required permits and renewals or replacements thereof to the Building Department in the event that any permit is revoked or lapses, for any reason. 11. The applicant shall use a containment tracking material in the exterior drains ("pig mat"or equivalent) and have the mats collected by an approved toxic waste removal company on a regular basis. In addition, the Applicant shall maintain sufficient absorbent material in the interior floor drain to collect any pollutants before they enter the sanitary sewer system. 12. The applicant shall maintain all necessary permits from the Westchester County Department of Health and the New York State Department of Environmental Conservation relating to air pollution emissions, waste disposal and spray painting processes. 13. 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. 14. This Special Use Permit shall expire one year from the date hereof 15. The Applicant shall resolve any outstanding parking and/or environmental issues prior to the next renewal of this Special Use Permit. 16. Parking on the premises in front of the overhead doors shall be permissible only for vehicles operated by the Applicant's customers or suppliers making deliveries to the Applicant, and such parking shall be permissible only for one(1)hour or less. 17. The Applicant shall prepare an updated site layout drawing reflective of current site conditions including but not limited to structures, refuse containers, parking spaces, fences, landscaping and exterior drainage infrastructure for review and acceptance by the Town Engineer and Building Inspector. 22 18. Commencing no later than March 14, 2019, there shall be no parking or storage of vehicles on the adjoining Van Guilder Street right-of-way unless such use is permitted to continue by executed agreement with the Town of Mamaroneck; or the Applicant enters into contract to purchase or lease or obtain a license to use the referenced property. 8. 2155 Palmer Avenue -ACURA of Westchester—Commercial Site Plan - Consideration Jonathan Villani, the applicant's representative, explained the proposed parking deck. Mr. Wasp stated that current issues include the present use of the site (customer parking and unloading on Palmer Avenue) and maintenance. The current site plan requires that cars are to be unloaded solely on the property. Mr. Engel referred the application to the Traffic Committee. Mr. Engel stated the current landscaping is not what was originally required and must be restored. Mr. Wasp stated that both he and the Building Inspector made a site visit and wrote a memo addressing parking issues. Mr. Villani stated that the proposed parking deck would alleviate the parking stress. The Board discussed the parking requirements. Mr. Oliveri stated that Harrison Drive cannot be considered as part of the parking calculations. He further suggested that the applicant meet with the Building Inspector to fine tune the parking requirement as a variance may be required. Mr. Engel stated that there should be no used cars in the front of the site, and he further stated that there seems to be less customer parking than what is required by the existing site plan. Landscaping and plantings were discussed. Mr. Block stated that the deed and ownership need clarification. Mr. Villani responded that he will straighten out the ownership. Mr. Engel stated that the matter will be on the agenda for the April meeting, for further consideration. 9. 30 Colonial Avenue - Steven Marsh—Residential Site Plan - Consideration Benny Salanitro, the applicant's engineer, described the proposal for a new house and described the site conditions and immediate vicinity. He further stated that they have met with staff and are scheduled to appear before the CZMC on March 26th. Rock removal was discussed. Landscaping and tree removal were discussed. Mr. Marsh stated that one tree fell during the storm and he intends to replace the two Town trees with one on the property and a donation of $500.00 to the Tree Fund. Mr. Engel stated that a public hearing is to be scheduled for the April meeting. 23 10. 280 Weaver Street - Saint John and Paul School—Site Plan Amendment - Consideration The applicant did not appear. Mr. Oliveri stated that he had sent comments to the applicant's engineer and is awaiting their response. NEW BUSINESS Ms. Hochman stated that she expects there will be a meeting to discuss the scope and certain provisions of, and limitations in, the Town's Residential Site Plan Law and that she will keep the Board informed of any developments. ADJOURNMENT The meeting was adjourned at 8:58 P.M. Minutes prepared by Francine M. Brill Planning Board Secretary 24