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HomeMy WebLinkAbout2005_09_14 Planning Board Minutes 0 , � Town of Mamaroneck Planning Board • MIMED'd+tl ` Town of Mamaroneck Planning Board Minutes September 14, 2005 Present: Marilyn S. Reader, Chair C. Alan Mason John A. Ortiz Marc H. Rosenbaum Edmund Papazian Virginia Picciotto Robert A. Cohen Also Present: Judith Gallent, Counsel Anthony Oliveri, P.E. Elizabeth Paul, Environmental Coordinator Ron Carpaneto, Director of Building Denise Carbone, Public Stenographer Carbone & Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Daniela Gerardi, Recording Secretary 1. Minutes The Planning Board approved the minutes of its June 8, 2005 and August 10, 2005 meeting. 2. Bonnie Briar Country Club Steven L. Grogg (applicant's engineer) approached the Board and stated the applicant is proposing to construct a new 2-story maintenance building located off the existing driveway off of Weaver Street. Mr. Grogg continued to say that ten pine trees would be planted after the building is constructed. The Board could require the applicant to plant more trees or build a fence in front of the building to minimize the view from Weaver Street. ACTION: Marc Rosenbaum made a motion, seconded by C. Alan Mason, that the Planning Commission conditionally approves the Site Plan application, which was carried by the following vote: Marilyn S. Reader, Chair: Aye C. Alan Mason: Aye Town of Mamaroneck Planning Board Minutes September 14,2005 Page 2 of 10 John A. Ortiz: Abstain Marc H. Rosenbaum: Aye Edmund Papazian: Aye Virginia Picciotto: Aye Robert A. Cohen: Aye CERTIFICATION As Chair of the Planning Board of the Town of Mamaroneck I hereby certify that the following is the Resolution adopted by the Planning Board at a meeting held on September 14, 2005. BONNIE BRIAR COUNTRY CLUB SITE PLAN APPROVAL WHEREAS, Bonnie Briar Country Club has submitted an application for Site Plan Approval for the property located at 808 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 201, Lot(s) 19 & 48 in proper form and complying with all requirements of the Town, other municipal agencies, and the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, this Board held a Public Hearing on the application for Site Plan Approval on September 14, 2005; WHEREAS, the proposed action is an Unlisted Action pursuant to SEQRA and MEQRA; and WHEREAS, the Planning Board has adopted a Negative Declaration of environmental significance, a copy of which is attached hereto; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby GRANTED for the application submitted by Bonnie Briar Country Club subject to all terms and conditions set forth herein: I. General Requirements All site work, landscaping, storm water drainage and treatment systems shall be in accordance with the plans submitted, as follows: 1. Cover Sheet, Sheet C-1, last revised 8/30/05; 2. Site Plan, Sheet C-101, last revised 8/30/05; 3. Grading & Utility Plan, Sheet C-201, last revised 8/30/05; Town of Mamaroneck Planning Board Minutes September 14,2005 Page 3 of 10 4. Erosion Control Plan, Sheet C-301, last revised 8/30/05; 5. Details, Sheet C-401, last revised 7/18/05; Sheet C-402, last revised 7/18/05; Sheet C-403, dated 8/30/05; Sheet C- 404, dated 8/30/05. II. Special Requirements A. Water Retention and Drainage The applicant must comply with the Town Surface Water, Erosion and Sediment Control Law so that the rate of runoff from the property is not increased after construction. B. Utilities The utility plans shall be coordinated with the landscaping plans to avoid interference with placement and subsequent growth of plantings and the conduct of repair and maintenance activities. C. Erosion and Sedimentation Control During Construction Erosion and sedimentation control shall be in accordance with the Town Surface Water, Erosion and Sediment Control Law, Erosion and sediment control plans shall be approved by the Town Consulting Engineer prior to commencement of construction. A sediment and erosion control plan shall be submitted which shall include a construction timetable and inspection schedule. D. Rock Removal All rock removal required in conjunction with construction of the roadway, utilities, and residences shall be by means approved prior to the commencement of any rock removal by the Director of Buildings. E. Trees Compliance with the Tree Preservation Law of the Town of Mamaroneck is required before a Building Permit shall be issued. F. Required Documents and Inspections Town of Mamaroneck Planning Board Minutes September 14,2005 Page 4 of 10 The applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Town Consulting Engineer. The applicant shall submit to the Town one Mylar reproducible set showing the "as built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residences to be constructed in this subdivision. G. Performance and Maintenance Bonds The applicant should be required to furnish to the Town a bond or cash deposit in the amount of $5,000 to 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. ACTION: C. Alan Mason made a motion, seconded by Edmund Papazian, that the Planning Commission conditionally approves the Freshwater Wetlands application, which was carried by the following vote: Marilyn S. Reader, Chair: Aye C. Alan Mason: Aye John A. Ortiz: Abstain Marc H. Rosenbaum: Aye Edmund Papazian: Aye Virginia Picciotto: Aye Robert A. Cohen: Aye CERTIFICATION WETLANDS AND WATERCOURSES PERMIT As Chairperson of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held on September 14, 2005. WHEREAS, Bonnie Briar Country Club ("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 808 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 201, Lot 19 & 48; and Town of Mamaroneck Planning Board Minutes September 14,2005 Page 5 of 10 WHEREAS, this Planning Board (the "Board) has previously determined that the proposed action is a Type II action under SEQRA and, accordingly, no further review is required under SEQRA; and WHEREAS, the Planning Board conducted a Public Hearing pursuant to Wetlands Law §114-7(C) on September 14, 2005; WHEREAS, in accordance with Wetlands Law §114-7(D), and as set forth in the report by the Town's Consulting Engineer(s) and/or other agent(s), which is attached hereto and made a part hereof, the Board has considered: 1. any reports from other commissions, including the Coastal Zone Management Commission (CZMC), and Town, County, State and/or Federal agencies; 2. all relevant facts and circumstances, including but not limited to: a. the environmental impact of the proposed action; b. the alternatives to the proposed action; and c. the impact of the proposed activity on wetland functions and the benefits as set forth in Wetlands Law §114-1; 3. the availability of preferable alternative locations on the subject parcel; 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; 5. the possibility of further 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; and 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; 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 Wetlands Law, as set forth in §114-1(A): Town of Mamaroneck Planning Board Minutes September 14,2005 Page 6 of 10 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 Bonnie Briar Country Club for a Wetlands and Watercourses Permit is hereby GRANTED subject to the following terms and conditions: 1. This permit authorizes the work shown on the plans submitted by the Applicant to the Planning Board; last revised August 30, 2005, and no other. 2. Prior to the commencement of work pursuant to this permit, the Applicant shall post a bond in the amount of$1,000 to ensure the satisfactory completion of the project in accordance with the conditions and limitations set forth herein and the rehabilitation of the affected or disturbed area. 3. At least five days prior to the commencement of the work authorized hereby, the permit holder shall notify the Building Department of the date on which the work is to begin. 4. Work conducted pursuant to this approval shall be open to inspection at any time, including weekends and holidays by the planning Board or its designated representatives. 5. Within 30 days after completion of all work authorized hereby, the Applicant shall notify the Director of Building of such completion. Upon such notification, the Building Department shall follow the procedures set forth in Town Code § 114-9. Town of Mamaroneck Planning Board Minutes September 14,2005 Page 7 of 10 6. This permit shall be prominently displayed at the project site during the undertaking of the activities authorized hereby 7. This permit shall expire one year from the date of its issuance. 3. Winged Foot Golf Club Steve Worthy (USGA) addressed the Board about the USGA's proposal to have the 2006 United States Open Championship at Winged Foot Golf Club. Mr. Worthy continued to say the USGA will appear before the Coastal Zone Management Commission (CZMC) on September 27th. Mr. Worthy stated the police committee would give the USGA a waiver to bus spectators to the event using the Hutchinson River Parkway and Interstate 95 would be used as an alternate. Mr. Worthy is estimating about 40-45,000 spectators. The Board adjourned the application to the October 19, 2005 meeting. 4. Westchester Car Wash Group, LLC Kevin Ryan (applicant's attorney) requested renewal of a special permit dated October 20, 2003. The Director of Building stated there was no comment from the Westchester County Planning Board. ACTION: Marc Rosenbaum made a motion, seconded by John Ortiz, that the Planning Commission approves the Special Permit Renewal application, which was carried by the following vote: Marilyn S. Reader, Chair: Aye C. Alan Mason: Aye John A. Ortiz: Aye Marc H. Rosenbaum: Aye Edmund Papazian: Aye Virginia Picciotto: Aye Robert A. Cohen: Aye CERTIFICATION As Chair of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held on September 14, 2005. SPECIAL PERMIT RENEWAL — WESTCHESTER CAR WASH GROUP, LLC Town of Mamaroneck Planning Board Minutes September 14,2005 Page 8 of 10 WHEREAS, Westchester Car Wash Group, LLC ("Applicant") submitted an application for Special Permit Renewal on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 236.1; and WHEREAS, this Planning Board (the "Board") has determined that the proposed action is a Type II action and that, therefore, no further action is required under SEQRA; and WHEREAS, the Planning Board conducted a Public Hearing on August 10, 2005; WHEREAS, the Planning Board having considered the application for Special Permit Renewal, the plans, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and the Director of Building, 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 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 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 Permit. 3. The proposed Special 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 violations 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. Town of Mamaroneck Planning Board Minutes September 14,2005 Page 9 of 10 BE IT FURTHER RESOLVED, that this Board GRANTED the application of Westchester Car Wash Group, LLC for a Special Permit for a car wash subject to the following terms and conditions: 1. There shall be no signage placed on the existing rear canopy. 2. No gasoline shall be sold at the site. 3. The triangular planting in the rear of the premises (adjoining the residential site to the West) shall be consistent with the planting and landscaping as shown and approved by the Board of Architectural Review on April 17, 1997 4. Maximum hours of operation shall be from 7:00 a.m. to 8:00 p.m. Monday through Saturday and 8:00 a.m. to 6:00 p.m. on Sunday. 5. 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 at the close of business. 7. All lights for the driveway shall be directed toward the building. The final plans submitted prior to issuance of any Building Permit shall show traffic lanes on the property for ingress and egress. 8. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 9. This Special Permit Renewal approval is subject to additional conditions imposed by the Zoning Board of Appeals including limitation of canopy height to twenty feet (20'), on the "menu" sign at the rear of the property and a requirement that the exposed source of illumination for the front canopy shall be directed to the ground only and be recessed behind the side and front of the canopy. 10.This Special Use Permit shall expire after two (2) years. 11.This Special 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. Town of Mamaroneck Planning Board Minutes September 14,2005 Page 10 of 10 5. Elmcroft Estates The applicant adjourned this application to the October 19, 2005 meeting. 6. 0' Connor Subdivision Larry Gordon (applicant's architect) approached the Board and stated the applicant is proposing to subdivide his property into two lots. Mr. Gordon continued to say the applicant will build a new house on the new lot and live in that house and sell his current home. The Planning Board unanimously approved to adjourn this application to a public hearing on October 19, 2005. Adjournment Daniela Gerardi Secretary to Planning Board