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HomeMy WebLinkAbout2010_03_10 Planning Board Minutes Town of Mamaroneck Planning Board 9 • MIMED MI Town of Mamaroneck Planning Board Minutes March 10, 2010 Present: Marc H. Rosenbaum, Chair John A. Ortiz, Vice Chair C. Alan Mason, DDS George Roniger Edmund Papazian Also Present: Ron Carpaneto, Director of Building Kevin Ryan, Counsel Anthony Oliveri, P.E, Town Engineer Ernest Odierna, Town Board Liaison Absent: Ellen Dunkin Virginia Picciotto, AIA Wanda Spevadula,Public Stenographer Carbone & Associates, LTD. 111 N. Central Park Avenue Hartsdale,New York 10530 Francine M. Brill, Recording Secretary Called to order at 8:08 P.M. Mr.Ortiz stated that Mr. Rosenbaum will be arriving late he there ore is the Acting Chair. Mr. Ortiz welcomed the new Town Board Liaison Ernest Odierna. 1. Minutes Upon a motion by Dr. Mason, seconded by Mr.Papazian, the minutes of January 13, 2010 were unanimously approved. APPLICATION NO. 4—CASE NO. 270 METRO PCS.LLC 811 Richbeli Road Site Plan Approval Public Hearing Continued Lucia Chiocchio of Cuddy and Feder, applicant's attorney, appeared and addressed the Board. The Board discussed the Negative Declaration and Resolution. On motion of Mr.Papazian seconded by Mr. Roniger the Negative Declaration was Adopted. Ayes: Ortiz, Papazian, Mason, Roniger Nays: 1 RESOLUTION ISSUING A DETERMINATION OF ENVIRONMENTAL NONSIGNIFICANCE WHEREAS, Metro PCS New York, LLC submitted an application for site plan approval to construct a wireless telecommunication facility on the roof of an existing building located at 811 Richbell Road and known on the Tax Assessment map of the Town of Mamaroneck as Section 4, Block 8, Lot 86 (the "the Proposed Action"); and WHEREAS, in accordance with the New York State Environmental Quality Review Act ("SEQRA") and the Environmental Quality Review regulations found in Chapter 92, Article I of the Code of the Town of Mamaroneck("MEQR"), the Planning Board of the Town of Mamaroneck (the "Board") has reviewed the Environmental Assessment Form prepared in connection with the Proposed Action, the criteria for determining significance set forth in SEQRA and MEQR and all other information in the administrative record, which is incorporated herein by reference in its entirety, to identify the relevant areas of environmental concern; and WHEREAS, the Board has thoroughly analyzed the identified relevant areas of environmental concern to determine whether the Proposed Action may have a significant adverse impact on the environment; and WHEREAS, for the reasons set forth more fully in the annexed Determination of Nonsignificance, the Board determines (i) that the Proposed Action does not pose the potential for any significant adverse environmental impacts; and that no environmental impact statement is required; and (ii) directs its Secretary to file the annexed Determination of Nonsignificance. On motion of Mr. Papazian, seconded by Mr. Roniger the Resolution was Approved. Ayes: Ortiz, Papazian, Mason, Roniger Nays: On motion of Mr. Papazian, seconded by Mr. Roniger, the application of Metro PCS New York, LLC (the "Applicant") for site plan approval was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of 4-0. WHEREAS, the Applicant submitted an application for site plan approval (the "Application") to construct a wireless telecommunication facility on the roof of an existing building located at 811 Richbell Road (the "Building") and known on the Tax Assessment map of the Town of Mamaroneck as Section 4, Block 8, Lot 86 (the "Property"); and WHEREAS, the Building is located in an RTA Zone District; and 2 WHEREAS, an existing wireless telecommunication facility, operated by Nextel Communications, is located on the rooftop of the Building; and WHEREAS, the Board has previously determined that this is an Unlisted Action under SEQRA and MEQRA and has adopted a Negative Declaration, dated March 10, 2010, a copy of which is on file with the Building Department; and WHEREAS, after publication of notice, this Board has held public hearings for the application on January 13, 2010 and March 10, 2010; and WHEREAS, the Board of Architectural Review has reviewed the proposed plans for the Application and has issued a favorable opinion dated December 17, 2009; and WHEREAS, the Coastal Zone Management Commission reviewed the Application and, pursuant to a letter dated February 5, 2010, found the proposal to be neither consistent nor inconsistent with the policies of the Local Waterfront Revitalization Program because the cellular facility would not be visible from any scenic resources; and WHEREAS, on April 24, 2001, Nextel Communications was awarded variances for use and height to construct a wireless telecommunication facility on the rooftop of the Building, which would otherwise not have been a permissible use in the RTA Zone; and WHEREAS, the use variance awarded to Nextel Communications runs with the land and allows co-location of a wireless telecommunication facility as-of-right; and WHEREAS, on January 27, 2010, the Town of Mamaroneck Zoning Board of Appeals awarded the Applicant a height variance to construct a public utility facility on the rooftop of the Building; and WHEREAS, on or about December 11, 2009, the Application was referred to the Village of Mamaroneck, and the Westchester County Planning Board; and WHEREAS, no response was received from either the Village of Mamaroneck or the Westchester County Planning Board regarding the Application; and WHEREAS, the Applicant has submitted a Cumulative Antenna Site FCC Radio Frequency Compliance Assessment and Report, prepared by Pinnacle Telecom Group, dated October 2, 2008, which certifies that the cumulative radio frequency emissions associated with this wireless facility and Nextel's existing facility will not exceed federal or state regulations; and WHEREAS, the Applicant has provided documentation certifying that the Building has the structural capacity to support the proposed facility; and 3 WHEREAS, the Applicant has submitted a Visual Resource Evaluation prepared by Tectonic Engineering & Surveying Consultants. P.C. as last revised on August 25, 2009, demonstrating the lack of any significant visual impact from the proposed facility; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the reports and comments of the Town's consulting engineer; and has heard interested members of the public; and WHEREAS, the Board finds, based on documentation submitted by the Applicant, that Applicant is licensed by the Federal Communications Commission ("FCC") to provide digital wireless telephone services throughout the State of New York, including Westchester County; and WHEREAS, the Board finds, based on documentation submitted by the Applicant, that the Applicant's FCC license requires it to complete the construction and build-out of its wireless network in its federally licensed service areas, including the Town of Mamaroneck; and WHEREAS, the Board finds, based on documentation submitted by the Applicant, that the FCC license constitutes a finding that the public interest will be served by the Applicant's services and is consistent with the public policy of the United States; and WHEREAS, the Board finds, based on documentation submitted by the Applicant, that the approval of the Application is consistent with the procedural and substantive requirements set forth in Section 704 of the Telecommunications Act of 1996; and WHEREAS, the Board finds that the Application will not generate additional traffic as it is an unmanned facility having no impact on pedestrian or vehicular traffic; and WHEREAS, the Board finds that the proposed facility will not result in additional storm water runoff; and WHEREAS, the Board finds that the proposed facility will not produce any discernable smoke, gas, odors, heat, vibrations or noise and that no water or sewage disposal will be associated with the proposed facility; and WHEREAS, the Application provided all information required by Chapter 177 of the Code of the Town of Mamaroneck(the "Town Code"); and WHEREAS, the Board finds that the Application conforms to the standards established by Sec. 177-5 of the Town Code. 4 NOW, THEREFORE, BE IT RESOLVED, that the Board APPROVES the Application for Site Plan for the Metro PCS wireless telecommunication facility at the Property subject to the following plans, prepared by Tectonic Engineering & Surveying Consultants P.C.: Title Sheet (T1), last revised on 09/15/09, Plot Plan and Property Owner's List (Z1), last revised on 09/15/09, Setback Plan, Bulk Table and Notes (Z2), last revised on 09/15/09, Roof Plan, Equipment Plan and Details (Z3), last revised on 09/15/09, Elevation and Details (Z4), last revised on 09/15/09, Partial Basement Plan and Details (Z5), last revised on 09/22/08 and Screenwall Plan and Sections (Z6), last revised on 09/22/08, BE IT FURTHER RESOLVED, that this Board GRANTED the application of a Site Plan for a wireless telecommunication facility at the Property subject to the following terms and conditions: All site work shall be in accordance with the plans submitted, as herein referenced. APPLICATION NO. 2 CASE NO. 273 COOPER LANE SUBDIVISION 77 Cooper Lane subdivision approval Consideration continued It was noted that all notification requirements were done and the Public Hearing could be opened. On motion of Mr. Roniger, seconded by Dr. Mason the Public Hearing was opened. Benedict Salinitro the applicants engineer stated that the Coastal Zone Management Commission has no problems with the application. The acting chair entered a letter from Mr. Seymour 72 Cooper Lane dated March 10, 2010 into the record. Robert Cammer of Little Palms Road stated he was concerned about the one line letter allowing the contract vendee to apply for a variance and the traffic danger in the area during construction. Ronald Schere 124 Hickory Grove stated that he is concerned with the 2 driveways that they create a dangerous condition. Mr. Seymour 72 Cooper Lane stated that he is concerned with the flooding and that the Town has done nothing to correct the situation. 5 Mr. Marsh the contract vendee state that the public improvements he is planning will help fix the bubble drain and the catch basin and help alleviate flooding. Dan Daniels of 2 Falls Road, stated he is concerned with drainage. Mr. Schere stated that he believes the people who own 110 Hickory Grove might not be aware that the drainage pipe is planned thru their property to the falls. The Board discussed drainage and traffic concerns. The matter was adjourned to April 14, 2010. APPLICATION NO. 3 CASE NO. 274 1380 Boston Post Road Site Plan Approval Public Hearing continued. John Knotgen applicant's architect appeared and addressed the Board. Mr. Knotgen stated that he has been before the BAR and CZMC and received approvals. He stated that he has complied with the Boards request regarding Street trees and sound attenuation of the HVAC units, and applied for a DOT peiiuit. Mr. Oliveri stated that the Dot peiiuit should be issued prior to the issuance of the building permit. Mr. Rosenbaum stated that he would like the possibility of a roof over the HVAC units to be placed on the plan. Mr. Knotgen responded that he will do what the Board requires in regard to the units. On motion of Dr. Mason, seconded by Mr. Rosenbaum the Public Hearing was closed. The application was adjourned to April 14, 2010 for final vote. APPLICATION NO. 5 CASE NO. 275 808 Weaver Street Site Plan Approval Consideration. Benedict Salinitro the applicant's engineer appeared and addressed the Board. Mr. Salinitro stated that they are planning to install an electric golf storage building near the 10th tee. The building will be765 feet from Weaver Street and 842 feet from Cornell Street property line. He entered 3 photos showing the location of the proposed building from different locations into the Record Marked Exhibit A. The building requires water and electric hookup not sewer. The matter was referred to the Coastal Zone Management Commission and Adjourned to April 14, 2010 for a Public Hearing. APPLICATION NO. 6 CASE NO. 276 19 Avon Road Subdivision Approval Consideration. Paul Noto 650 Halstead Avenue Mamaroneck, the applicant's attorney appeared and addressed the Board. Mr.Noto stated that the applicant has no intention of building the maximum size home on the lot. They did test borings and found bedrock 12 inches below the surface. 6 The Board discussed the application referred the matter to Coastal Zone Management Commission and adjourned the matter to April 14, 2010 for a Public Hearing. APPLICATION NO. 7 CASE NO. 277 626 Fifth Avenue Special Permit Consideration. No one appeared to represent the applicant therefore the Board adjourned the matter to April 14, 2010. APPLICATION NO. 8 CASE NO. 278 FCD Special Permit Amendment Consideration. Andrew Tung of Divney, Tung and Schwalbe the applicants representative appeared and addressed the Board. Mr. Tung stated that they were referred by the Town Board and are requesting to amend the previous special permit and increase the residential units from 139 to 149. They will increase the affordable housing units to 10 from 9. Mr. Tung explained that the Site Plan is similar with only small changes. Most of the changes would be internally in the apartment layouts and the garage layout. The increase of 15 bedrooms requires 15 parking spaces and the new layout accommodates the parking requirement. The tandem parking spaces have been reduced from 33 to 22. The Board discussed the layout of the parking and requested that Boards counsel to prepare an advisory opinion stating that they are in favor of the proposed plan with separate parking levels with no ramp between level 1 and 2. ADJOURNMENT On motion duly made the meeting was adjourned at 10:12 P.M. Minutes prepared by Francine M. Brill Planning Board Secretary 7