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HomeMy WebLinkAbout2010_06_09 Planning Board Minutes Town of Mamaroneck Planning Board Minutes June 9, 2010 OvE Members Present Marc Rosenbaum, C. Alan Mason, John Ortiz, Ellen Dunkin, Edmund Papazian, Virginia Picciotto, George Roniger Also Present (Non-Members) Ronald Carpaneto, Building Inspector, Kevin Ryan, Counsel, Anthony Oliveri P.E, Elizabeth Paul, Environmental Coordinator, Ernie Odierna(Town Board Liason) Recording Secretary: Francine M. Brill The Public Hearing was called to order at 8:05P.M. MINUTES OvE Motion: To approve the April 14, 2010 minutes Action: Approved Moved by: George Roniger, Seconded by: C. Alan Mason. OvE Vote: Motion carried by unanimous roll call vote (summary: Yes = 6) Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, Marc Rosenbaum, Virginia Picciotto Absent: John Ortiz (arrived late) IVa Application No . 1 CASE No. 276 19 Avon Road OvE Motion: To open the public hearing Action: Approved Moved by: Virginia Picciotto, Seconded by: C. Alan Mason OvE Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto Paul Noto, applicant's attorney, and Bill Lakanhauer of Hudson Engineering addressed the Board. Mr. Noto and Mr. Lakanhauer addressed issues relating to stormwater management, draining and flooding. Members of the public commented on issues related to drainage and flooding. Mr. Rosenbaum stated that the public hearing will remain open and continue on July 14, 2010. 1 Application 2 Gardens Lake Adjourned Application 3 Village Square Bagels 1262 Boston Post Road ovm John Mercaldi, the applicant, addressed the Board and stated that he is not asking for any changes to the previously approved Special Permit. ovm Motion: To open the public hearing Action: Approved Moved by: Ellen Dunkin, Seconded by: John Ortiz IVm Vote: Motion carried by unanimous roll call vote (summary: Yes = 7) Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto There were no questions or comments from the public. ovm Motion: To close the public hearing Action: Approved Moved by: John Ortiz, Seconded by: Virginia Picciotto ovm Motion: To issue a Special Use Permit Renewal Action: Approved Moved by: Virginia Picciotto, Seconded by: Ellen Dunkin WHEREAS, Village Square Bagels submitted an application for a Special Use Permit Renewal for use of the premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 as a restaurant for the sale, services and consumption of food; and WHEREAS, a Public Hearing was held on June 9, 2010 pursuant to notice; and WHEREAS, 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 heard interested members of the public; and WHEREAS, the Director of Building has indicated to the Planning Board that there are no outstanding violations; and WHEREAS, this is a Type II action having no significant impact on the environmental pursuant to 6NYCRR§ 617 et seq. and, accordingly, no further action under SEQRA is required. 2 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 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 Village Square Bagels for the renewal of a Special Use Permit Renewal for a restaurant for the sale, service and consumption of food subject to the following terms and conditions: 1. The hours of operation shall be from 6:00 a.m. to 9:00 p.m. seven (7) days a week. 2. Seating capacity will be limited to nineteen(19) seats 3. Village Square shall continue to utilize the filtering device currently in place to reduce, to the extent practicable, the discharge of seeds and other by-products of its operations into the Town's sewer lines. 4. Village Square Bagels shall cooperate with the Director of Building in making any modifications to such filtering device as may be appropriate from time to time and to the extent practicable to maintain and/or improve its effectiveness or, if appropriate in the sole judgment of the Director of Building, to remove such device subject to applicable Federal, State and local regulations. 5. This Special Use Permit shall expire after two (2) years. 6. 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 240-30 of the Zoning Code of the Town of Mamaroneck. 3 Application No. 4 PETCO 1275 Boston Post Road IIVa IVa Motion: To open the public hearing Action: Approved Moved by: C. Alan Mason, Seconded by: George Roniger IViN Vote: Motion carried by unanimous roll call vote (summary: Yes = 7) Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Joseph DiSalvo, applicant's attorney, addressed the Board, representing PETCO, seeking a special use permit. Mr. DiSalvo stated that there will be no overnight boarding and no doggy day care. Keith Moreau, the construction project manager, answered the Board members' questions regarding medical waste. The Board discussed the air conditioning unit placement. Mr. Rosenbaum asked if there were any comments or questions from the public. Members of the public expressed concern about trash and odors. Mr. DiSalvo stated that they are currently before the BAR for the signage and front door. Mr. Rosenbaum stated that he would like to hear from the BAR. Iva ` Application No 5 Case No. 282 Bonnie Briar Country Club, 808 Weaver St. Applicant requested an adjournment. lltt Application No. 6 Case No. 273 77 Cooper Lane Motion: To open the public hearing Action: Approved Moved by: C. Alan Mason, Seconded by: Virginia Picciotto OvIN Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto Steve Marsh stated that he updated the plans in response to Board members' concerns. He submitted a revised erosion control plan as well as plans showing soil stockpile locations and staging of vehicles. In addition, the applicant has volunteered to grant a 4 deed restriction to the Town, which would allow for line of sight to be maintained in perpetuity. Mr. Rosenbaum asked if there were any questions or comments from the public. Members of the public raised concerns about trees and screening and an exhibit was entered into the record. The Board discussed hours of construction. The matter was adjourned. Application No. 8 CASE NO. 284 Griffen Avenue Suddivision OvIN Seth Mandelbaum of McCullough, Goldberger and Staudt, LLP, the applicant's attorney, addressed the Board. Mr. Mandelbaum stated that Winged Foot wants to finalize their subdivision approval. He requested a waiver of the public hearing. The Board and counsel discussed the matter and scheduled a public hearing for July 14, 2010. The applicant was advised to send the proper mailing notices and put up a sign. Application No. 2 CASE NO. 279 Gardens Lake IVi ` Ms. Paul spoke representing the Town. OvIN Motion: To close the public hearing Action: Approved Moved by C. Alan Mason, Seconded by John Ortiz IViN Vote: Motion carried by unanimous roll call vote (summary: Yes = 7) Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto The Board discussed the matter. Mr. Odierna, liaison to the Town Board, stated that the bid came in under the projected amount and now the Town will be able to remove more sediment and that someone has offered to take the fish and turtle from the pond. IViN' Motion: To adopt a resolution approving the Gardens Lake application Action: Approved Moved by John Ortiz, Seconded by Ellen Dunkin IViN' Vote: Motion carried by unanimous roll call vote (summary: Yes = 7) Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto WETLANDS AND WATERCOURSES PERMIT Gardens Lake Restoration Project WHEREAS, the Town of Mamaroneck("Applicant") has applied for a Wetlands and Watercourses Permit pursuant to the Wetlands and Watercourses Protection Law of the Town of Mamaroneck (Local Law 6-2003) Town of Mamaroneck Code, Chapter 114 (the "Wetlands Law") for the premises located at Gardens Lake, Lakeside Drive, Town 5 of Mamaroneck (the "Subject Property" or "Gardens Lake"), and known on the Tax Assessment Map of the Town of Mamaroneck as Block 215, Lot 518 (the "Application"); and WHEREAS, on November 11, 2009, the Planning Board approved an application for a proposal to dredge the pond called Gardens Lake and use the hydraulically dredged material to create a wetland shelf along the eastern side of the pond, planted with wetland plants, and install a flood control valve at the outlet of Gardens Lake (the "Original Proposed Action"); WHEREAS, due to budget restrictions, the Town decided to revise the Original Proposed Action; and WHEREAS, the new proposal is to mechanically dredge accumulated sediment from the lake, with the dredged material to be stockpiled on site and dewatered and the perimeter of the lake to be planted with emergent wetland vegetation, native sedges, shrubs and trees (the "Revised Proposed Action"); and WHEREAS, the flood control component of the Revised Proposed Action will include the installation of two new 24" diameter parallel pipes and two new control structures with gate valves; WHEREAS, pursuant to Section 114-6.A of the Wetlands Law, the Town is exempt from the Wetlands Law; and WHEREAS, in the interest of government transparency, it is the policy of the Town Board that the Town comply with the Wetlands Law review process, despite being exempt from the provisions of the Wetlands Law; and WHEREAS, after due notice, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114-7(C) on May 12, 2010; and WHEREAS, at the Public Hearing, the Applicant stated that despite the different dredging technique, the goals associated with the Originally Proposed Action--to improve water quality and flood control—will be achieved with the Revised Proposed Action; and WHEREAS, the Coastal Zone Management Commission ("CZMC") issued a letter dated May 12, 2010 (the "CZMC Letter"), stating that it reviewed the Application for the Revised Proposed Action and found the Revised Proposed Action to be consistent with the Local Waterfront Revitalization Plan ("LWRP"); and WHEREAS, in accordance with Wetlands Law §114-7(D), the Board has considered reports from other commissions, including the CZMC, and Town, County, State and/or Federal agencies; and all relevant facts and circumstances, including but not limited to: a. Any potential environmental impact of the proposed action; The Board finds that the Revised Proposed Action will improve water quality and reduce the vulnerability to flooding for those living around the lake as well as those living downstream. In particular, the Board finds that: 6 (i) The Proposed Action will have a positive environmental impact by improving water quality and habitat for fish and wildlife. (ii) The improvements will benefit the surrounding residential area by controlling sedimentation and enhancing the appearance of Gardens Lake. (iii) In regard to flood control, the dredging will improve the flood retention capacity of the lake by increasing the mean lake depth to 5.5 feet 6 feet. (iv) The installation control switches will provide the means for reducing the water level of the lake prior to storm events, thus further enhancing the lake's flood control potential. b. The alternatives to the proposed action; The Board finds that there are no economically feasible alternatives to the Revised Proposed Action that would provide the same enumerated improvements. c. The impact of the proposed activity on wetland functions and the benefits as set forth in Wetlands Law §114-1; The Board finds that wetland function will be improved due to the planting of emergent wetland species, sedges, shrubs and trees, which will provide additional habitat for wildlife and also improve water quality in Gardens Lake. d. The availability of preferable alternative locations on the subject parcel; Because the Revised Proposed Action is specifically intended to restore and improve the wetland characteristics and flood control capabilities of Gardens Lake, the Board finds that this standard does not apply. e. The availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Board finds that because the purpose of the Revised Proposed Action is to improve Gardens Lake, none of the proposed activities will have a negative impact upon the lake and, therefore, permanent protective safeguards are not necessary. However, during actual construction of the project, the Board shall require as a condition to this permit that, throughout the construction period, temporary safeguards must be in place to prevent soil erosion. f. The possibility of further avoiding reduction of the wetland's or watercourse's natural capacity to support desirable biological life, prevent flooding, 7 control sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; and The Board finds that the Revised Proposed Action will improve both wetland function and flood control and the lake will remain an open space for recreational purposes. g. 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 Board finds that the benefits of the Revised Proposed Action include improving the water quality of Gardens Lake, enhancing the habitat for fish and wildlife, improving the appearance of the lake and improving the flood retention capacity of the and installing a system which will enable the water level of the lake to be reduced prior to storm events, thus further enhancing its flood control potential and providing additional flood control. NOW, THEREFORE, BE IT RESOLVED that, the Planning Board finds, pursuant to Wetlands Law §114-7(E), based on the record before it, that the Applicant's proposed regulated activity is consistent with the purposes of the LWRP and the Wetlands Law, as set forth in §114-1 AND that the action 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; and 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 application of the Town of Mamaroneck for a Wetlands and Watercourses Permit is hereby GRANTED, subject to the following terms and conditions: 1. Throughout the construction period, appropriate measures shall be undertaken to control erosion and protect the existing banks of the lake as well as surrounding streets. 2. The Proposed Action shall be completed in substantial conformity with the Site Construction Documents and the NYS DEC SPDES General Permit 8 for Stormwater Discharges from Construction Activities - GP-0-08-001 and in compliance with all relevant federal, state and local laws, including permit requirements. 3. During the construction period, appropriate measures shall be taken to coordinate road closures necessary for other nearby projects and to minimize delays and ensure public safety. 4. The permit shall expire on June 9, 2011. MINUTES IIVa Vie Motion: To approve the Minutes of May 12, 2010 were approved as corrected Action: Approved Moved by John Ortiz, Seconded by Virginia Picciotto Vote: Motion passed (summary: Yes = 5, No =0, Abstain= 2) Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto Abstain: C. Alan Mason, Edmund Papazian COMMENTS BY TOWN BOARD LIASON, ERNIE ODIERNA Mr. Odierna reported that the Board of Architectural Review ("BAR") did not want the ends of the shelves in the PETCO windows to be visible and signage and decals are not allowed on the window. The BAR asked the applicant to come back with an alternative. On motion duly made the meeting was adjourned. Minutes prepared by Francine M. Brill Planning Board Secretary. 9