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HomeMy WebLinkAbout2018_12_12 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 DECEMBER 12, 2018 Present: Ralph Engel, Chair, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira Block, Eileen Weingarten, Ron Mandel, Alternate Also Present: Lisa Hochman, Counsel to Planning Board,Robert Wasp, Town Engineer, Anthony Oliveri, Consulting Engineer, Elizabeth Paul, Environmental Planner, Sabrina Fiddelman, Town Board Liaison. CALL TO ORDER The meeting was called to order at 7:30 P.M. Mr. Engel stated that applications will be taken out of order. MINUTES Motion: To approve the minutes of November 14, 2018 with technical corrections. Action: Unanimously Approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Eileen Weingarten 21 York Road—21 York Road Realty LLC —Residential Site Plan—Public Hearing Benny Salanitro, the applicant's engineer, updated the Board. 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 Public Comments: Steve Kern of 11 Country Club Drive thanked the Board and applicant for the improved site line. 1 The addition of trees on the property was discussed, Mr. Acacella, the landscape architect, showed the proposed location of a red maple in front and 2 pin oaks in the rear, he further stated that some azaleas will be removed and planted elsewhere on the property. The Board discussed the application. Mark Mustacato, the applicant's architect showed renderings. Mr. Engel suggested that in order to preserve sight lines, the resolution should include a condition stating that there shall be no plantings other than grass near the road. Motion: To close the public hearing Action: Unanimously approved Moved by Edmund Papazian, seconded by Eileen Weingarten Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Eileen Weingarten Motion: To approve the Residential Site Plan with the discussed condition. Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Edmund Papazian Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Eileen Weingarten RESOLUTION Residential Site Plan Approval 21 YORK ROAD On motion of Elizabeth Cooney seconded by Edmund Papazian, the site plan application of 21 York Road Realty 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 5 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 21 York Road, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 28, Lot 328 (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 2 WHEREAS, in a memo to the Planning Board dated November 1, 2018, Richard Polcari, Town Building Inspector, stated that the proposed construction is zoning compliant per the Code of the Town of Mamaroneck; 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 October 29, 2018 and issued a letter to the Planning Board, dated November 7, 2018, stating that it found the proposed action to be consistent with the policies of the Local Waterfront Revitalization Program; 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"): • Plans entitled: "Proposed Residence for 21 York Road Realty LLC", Sheets A-1 through A-8, C-1 and C-2, prepared by RMG Architects, dated 9/19/18; E • Site Rendering, Prepared by RMG Architects, dated September 19, 2018. • Plans entitled: "Erosion Control and Site Improvement Plan for 21 York Road Realty LLC" prepared by Benedict A. Salanitro P.E., last dated 9/21/18, last revised 11/18/18 E • Planting Plan prepared by Anthony Acocella, R.L.A., dated 8/17/18, last revised 11/20/18; 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 November 14 and December 12, 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 written and oral 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, 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, subject to the following terms and conditions: General conditions: 3 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. 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 Engineer at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impact(s). 5. 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. 6. 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. 7. 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. 8. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successor or assign in/of ownership interest of the Subject Property or any portion thereof 9. Applicant shall comply with all applicable regulations regarding asbestos removal to the satisfaction of the Town Building Inspector. 10. Any tree removal and required landscape plantings shall be in compliance with the approved Landscape Plan and Chapter 207 of the Town Code(Trees) to the satisfaction of the Town Environmental Planner. 11. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits: 12. The Applicant shall remove existing vegetation and adjust the ground surface as feasible to improve line of sight at the original driveway curb cut to the satisfaction of the Town Engineer; in no event shall there be plantings other than grass in that area. This decision shall be filed with the Town Clerk. 4 40 Fernwood Road - Cosimo Panetta —Residential Site Plan - Public Hearing Frank Marsella, the applicant's architect, addressed the Board, stating that he had appeared before the Coastal Zone Management Committee (CZMC) and he has addressed the engineering comments. The CZMC requested one additional street tree. He presented a recap of the plan and street scape elevations were shown. He stated that there will be a reduction in impervious coverage by 770 square feet and said that the proposed house will be in character with the neighborhood. Gino Frabasile, of Sound Shore Engineering, discussed drainage issues. Mr. Wasp stated that the stormwater design is Code compliant and the proposal to use subsurface infiltration chambers provides a benefit. He stated he is comfortable that the presented plan addresses the intent of the Code and Mr. Oliveri stated he agrees, considering the depth of the bedrock. The retaining wall was discussed and Mr. Marsella stated that it is partially on the neighbor's property and it is in good shape and not being touched. Ms. Brill stated the matter was duly noticed. Motion: To open the public hearing Action: Approved Moved by Eileen Weingarten, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Eileen Weingarten There were no public questions or comments. Mr. Engel asked that a draft resolution be prepared for the next meeting scheduled for January 9, 2019. The public hearing shall remain open. 84 Weaver Street—84 Weaver Street Realty LLC —Residential Site Plan - Consideration Frank Marsella, the applicant's architect addressed the Board and explained the proposal. Ms. Paul explained the history of Weaver Street as it related to the subject property. The Board discussed that the house has two driveways. Mr. Salanitro, the applicant's engineer, stated that permits for the curb cuts are required from NYSDOT. Mr. Oliveri asked the applicant to get a sense of the DOT's view on the frontage. Photos were submitted and entered into the record, marked Exhibit 1 - 12/12/18. The three- car garage in the rear was discussed. Mr. Marsella stated that the existing garage is in good shape and the Applicant would like it to remain. 5 Fencing was discussed. Mr. Engel wants the fencing replaced. Mr. Salanitro stated that all new fencing is proposed. The Board discussed the historical significance of the existing house and Mr. Engel noted a sign on Weaver Street which states this was the location of the 1808 school house. Mr. Marsella stated they spoke to the Town Historian who said that the structure was converted in 1926 with several modifications over the years. Ms. Paul stated the Town's Local Waterfront Revitalization Plan lists the site as significant. Mr. Block stated that the deed provided does not appear to be acknowledged or recorded. Mr. Marchese stated he will supply a copy of the recorded deed. The driveway material was discussed and Mr. Salanitro stated he will look into pervious materials. Motion: To schedule a public hearing for January 9 and also refer the matter to CZMC for their January 28th meeting Action: Approved Moved by Edmund Papazian, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Eileen Weingarten 2155 Palmer Avenue -Acura of Westchester—Site Plan Amendment - Consideration Jonathan Villani, the applicant's architect, addressed the Board and explained the proposal, including the parking layout. He presented a breakdown of floor area and concluded that there is adequate parking. He further explained loading and unloading of vehicles on the property and egress to Harrison Drive. There was discussion about parking on Harrison Drive and Mr. Engel suggested the applicant return to the Town Traffic Committee to request prohibiting parking on Harrison Drive to ensure the turning radius for emergency vehicles and deliveries. The fence at the end of Harrison Drive was discussed. Mr. Engel requested a survey showing the location of the municipal boundary line fence. The Board discussed whether it is permissible for cars to be parked along the portion of the property along Palmer Avenue and whether such parking spaces were designated for new cars, used cars or customers. Additional screening was discussed. Mr. Engel asked Mr. Wasp to look into previous site plan approvals with respect to the spaces being discussed. Motion: To set public hearing for January 9, 2019 6 Action: Approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Eileen Weingarten Mr. Oliveri suggested the applicant attend another PEER meeting to clarify the required information. Mr. Wasp stated he will research the property file and will report back to the Board. 1262 Boston Post Road - Trader Joes —Special Use Permit Renewal 1262 Boston Post Road -Village Square Bagels —Special Use Permit Renewal These two applications, both tenants of Village Square Shopping Center, were discussed together. Mr. Engel stated a letter had been submitted by the Town Fire Department expressing concern about fire equipment access into the parking lot from Boston Post Road. This letter had been shared with Mr. Mazin, the applicants' counsel, at the prior Planning Board meeting. Mr. Engel suggested that this issue should be addressed by the Town Traffic Committee. The Board discussed whether there should be a parking circulation/utilization study to address concerns raised by the Fire Department. Mr. Engel suggested Board members visit the site to evaluate safety concerns. There was discussion about how property violations are addressed by the Town. The Board discussed the fact that bagel trucks are consistently parked in the front of the parking lot and observed that these trucks functioned the same as a billboard sign. The Board discussed whether the term of the special use permit should be limited to encourage the applicant to address any open issues. ADJOURNMENT The meeting was adjourned at 10:00 P.M. Minutes prepared by Francine M. Brill, Planning Board Secretary 7