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HomeMy WebLinkAbout2017_05_10 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 MAY 10, 2017 Roll Call Present: Ralph Engel, Chair, Elizabeth Cooney, Vice Chair, Edmund Papazian, George Roniger, Eileen Weingarten, Ira Block Also Present: John Landi, Building Inspector, Elizabeth Paul, Environmental Consultant, Lisa Hochman, Counsel to Planning Board, Anthony Oliveri, P.E., Consulting Engineer, Francine M. Brill, Secretary to Planning Board Absent/Excused: Donald Kravet, MINUTES Motion: To approve the minutes of April 5, 2017 with technical corrections Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Chair, Edmund Papazian, George Roniger, Eileen Weingarten, Elizabeth Cooney, Ira Block 2. Cosi- 1330 Boston Post Road—Special Use Permit Renewal The store's Assistant Manager, Eloisa Garza, addressed the Board, requesting renewal of the special use permit. Mr. Landi, stated that there is no accurate site plan and allowing outdoor seating would require a separate action. Mr. Garza stated that they would like to withdraw outdoor seating from the request. There were no questions or comments from members of the public. The Board discussed the application. Ms. Hochman stated that the lease permits the applicant to secure all required approvals. Motion: To approve the special use permit renewal without outdoor seating Action: Approved Moved by: Edmund Papazian, seconded by Eileen Weingarten 1 Vote: Ralph Engel, Chair, Edmund Papazian, George Roniger, Eileen Weingarten, Elizabeth Cooney, Ira Block SPECIAL USE PERMIT RENEWAL Cosi, Inc., 1330 Boston Post Road WHEREAS, Cosi, Inc. (the "Applicant") submitted an application for a Special Use Permit Renewal for use of the premises at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 463 (the "Application"); and WHEREAS,the Applicant seeks to continue to use the subject premises as a restaurant in a B- R zoning district; and WHEREAS, Section 240-30.B.8 of the Zoning Code of the Town of Mamaroneck lists "Restaurants" as a specially permitted use in the B-R zoning district; and WHEREAS, a duly noticed public hearing was held on May 10, 2017; 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,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. 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 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 2 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 from 7:00 a.m. to 9:00 p.m., seven(7) days a week. 2. This Special Use Permit shall expire on May 10, 2019. 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. There shall be no outdoor seating. 3. McGuire's - 626 Fifth Avenue—Special Use Permit Renewal Charlie and Tina McGuire addressed the Board requesting renewal of their special use permit. Mr. Landi stated that there is no site plan on file. Mr. Engel stated that he observed pickup trucks and snow plows on the site, which are not permitted according to the provisions of the special use permit. The Board discussed parking, landscaping and hours of operation. Mr. Landi suggested that the applicant come to a PEER meeting to discuss planting options. The matter was adjourned to June 7, 2017. 4. 7 Durham Road—Residential Site Plan Bill Lachenauer of Hudson Engineering addressed the Board to explain the project to develop a recreation area and patio around the existing pool. He further stated that they have attended PEER meetings, done on site testing and designed the storm water system for the new construction for the 100-year storm event. Ms. Hochman stated that this is a Type II action and therefore no environmental review is required. Mr. Lachenauer asked to be referred to CZMC. Landscaping and retaining walls were discussed. 3 The matter was referred to the CZMC. Motion: On motion of Elizabeth Cooney, seconded by Eileen Weingarten the public hearing was set for June 7, 2017. 5. 851 Fenimore Road -Winged Foot Golf Club —Site Plan Amendment Joseph Cermele of Kellard Sessions, the applicant's Engineer, addressed the Board to explain the application for a golf bag storage building on an existing paved area. There will be no increase in impervious area. The building will be a single story structure similar in material and design to the pool complex buildings. There will be a small office and no water or sewer service. The existing cherry trees will be removed and transplanted elsewhere. The infiltration trench is sized for the 25-year storm. The building and lighting was discussed. Ms. Hochman and Ms. Paul stated that this is a Type II action pursuant to the NYS Environmental Quality Review Act and the Town Code. The matter was referred to the CZMC. Mr. Cermele asked to be scheduled for a public hearing in June. Motion: On motion of Edmund Papazian, seconded by Eileen Weingarten, the public hearing was set for June 7, 2017. OTHER BUSINESS Mike Charitou discussed his applications for 2 & 4 Fairway. Mr. Landi stated that there is an open violation on the property which must be rectified. Mr. Oliveri and Mr. Charitou's engineers are working to correct the violation. The matter was referred to CZMC. Ms. Hochman was instructed to prepare a draft resolution. ADJOURNMENT Motion to adjourn at 9:21P.M. Minutes prepared by Francine M. Brill Planning Board Secretary 4