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HomeMy WebLinkAbout2009_10_14 Planning Board Minutes Town of Mamaroneck Planning Board Town of Mamaroneck Planning Board Minutes October 14, 2009 Present: Marc Rosenbaum, Chair C. Alan Mason, DDS John A. Ortiz Ellen Dunkin Virginia Picciotto George Roniger Edmund Papazian Also Present: Ron Carpaneto, Director of Building Kevin Ryan, Counsel Anthony Oliveri, P.E Ellen Korn, Alternate Wanda Spevadula, Public Stenographer Carbone & Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine Brill, Recording Secretary 1. Minutes Upon a motion by Ms. Dunkin, seconded by Dr. Mason, the minutes of September 9, 2009 were unanimously approved, with the correction of two typographical errors. 2. Application of William Maker, Jr., for a Town Board Referral. Consideration This matter was adjourned to November 11, 2009. 3. Application of Citi Park Service Station Inc. for a Special Use Permit. Public Hearing This matter was taken out of order. Thomas Gubin appeared and addressed the Board representing Citi Park. On motion of Dr. Mason, seconded by Ms. Picciotto the Public Hearing was opened. Mr. Gubin stated that he was before the Board for a renewal of the special use permit and that there are no changes in the use or hours of operation. Mr. Carpaneto stated that there are no violations. There were no comments from the Board or public. On motion of Mr. Ortiz, seconded by Ms. Dunkin, the public hearing was closed, unanimously. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger, Papazian Nays: On motion of Mr. Ortiz, seconded by Ms. Picciotto the Special Use Permit renewal was approved, unanimously. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger, Papazian Nays: WHEREAS, Thomas Gubin, President of Citipark Service Station, submitted an application for the renewal of a Special Use Permit on the premises located at 613 Fifth Avenue/2 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Lot 1 as a private auto garage; and WHEREAS, the Town of Mamaroneck Planning Board (the "Planning 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 October 14, 2009; and WHEREAS, the Planning Board, has considered the application of renewal of a Special Use Permit, the plans and zoning report and environmental assessment completed by the applicant, comments and responses to questions by the applicant, the reports and comments of the Inspector of Building and/or Consulting Engineer to the Town and any comments by interested members of the public. NOW, THEREFORE, BE IT RESOLVED that the Planning Board makes findings of facts 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 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. 3. The proposed Special Use 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 violation 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. BE IT FURTHER RESOLVED, that this Board GRANTS the application of Thomas Gubin, Citipark Service Center for the RENEWAL of a Special Use Permit for a private auto garage subject to the following terms and conditions: 1. The hours of operation of the garage shall be 8:00 a.m. to 8:00 p.m., Monday through Friday and 8:00 a.m. to 4:00 p.m on Saturdays. 2. Petroleum waste shall be removed from the premises by a properly licensed disposer of such material. 3. The operation shall be limited to servicing corporate vehicles; it shall not be open to the general public. 4. There shall be no parking or storage of any vehicle on the four-foot wide area along the lengths of the Fifth Avenue boundary and the Valley Place boundary; these areas shall be striped; the words "No Parking" shall be painted on both sides of the Fifth Avenue side and Valley Place side. 5. There shall be no parking of any vehicles belonging to either employees or vehicles being serviced on Fifth Avenue, where the local law provides no parking. 6. No car parts or metal shall be stored outside the building except in the properly enclosed refuse containers. 7. 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. 8. This Special Use Permit shall be valid for two (2) years from the date hereof. 4. Application of Winged Foot Golf Club for amendment to approved site plan. Public Hearing (continued) A draft approval resolution, prepared by counsel to the Board, was circulated to the Board. Ms. Whitehead, applicant's attorney, appeared and addressed the Board. Ms. Whitehead stated that she had some minor comments on the draft resolution. The Board and Ms. Whitehead discussed the language of the certification. Several language changes were accepted. Mr. Rosenbaum stated that there is nothing to stop the applicant from coming back for further amendments. Mr. Rosenbaum asked if there were any questions or comments from the public and there was no response. On motion of Dr. Mason, seconded by Mr. Roniger the Public Hearing was closed, unanimously. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger, Papazian Nays: Referring to the draft resolution, Mr. Rosenbaum said that the resolution of the Board will state that the property is going to be separated from the Home Owners' Association and that there will be significant restrictions as to the use of the property —that is, that it cannot be used as anything but a buffer zone unless and until an application is made and approved by the Planning Board, upon the notices generally required. Mr. Rosenbaum continued by stating that when an application is made and approved for the development of a single-family house, which is the only kind of building that could be built on the property, the lot will revert to the home owner's association and be subject to what ever restrictions and covenants apply. On motion of Ms. Dunkin, seconded by Ms. Picciotto, the draft resolution was approved, as discussed and modified, by a unanimous vote. Staff was directed to complete and file a formal certification reflecting the draft resolution as modified. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger, Papazian Nays: ELMCROFT ESTATES AMENDMENT OF PRIOR SUBDIVISION APPROVAL WHEREAS, by resolution dated September 11, 2007 the Planning Board of the Town of Mamaroneck (the "Planning Board") adopted Elmcroft Estates — Final Subdivision/Site Plan Approval to develop the subdivision known as Elmcroft Estates on property known as Section 3, Block 345, Lot 1 on the Town of Mamaroneck Tax Map (the "Elmcroft Estates Subdivision Resolution"); and WHEREAS, as a condition of approval, the Elmcroft Estates Subdivision Resolution required that a homeowners' association ("HOA") be established to maintain all stormwater and drainage infrastructure; and WHEREAS, as another condition of approval, the Elmcroft Estates Subdivision Resolution required the Applicant (as defined therein) to record in the Office of the Clerk of Westchester County a Declaration of Covenants and Restrictions, in form acceptable to the Town Attorney, obligating the individual owners of Lots 1, 2, 3, 4 and 5 to maintain in perpetuity the drainage infrastructure of the property; and WHEREAS, pursuant to such conditions of approval, the Declaration of Covenants, Restrictions and Easements for Elmcroft Estates Subdivision was made by Deer Hollow Estates, LLC ("Deer Hollow") as of May 15, 2008 and recorded in the Office of the Westchester County Clerk, Division of Land Records, on June 12, 2008 (the "Original Declaration); and WHEREAS, the Original Declaration provided for the creation of the HOA composed of each of the individual lot owners within the Elmcroft Estates Subdivision; and WHEREAS, Deer Hollow is the developer of Elmcroft Estates Subdivision and Deer Hollow retains ownership of four of the five lots within the Elmcroft Estates Subdivision; and WHEREAS, the remaining parcel, designated as "Lot 3" of the Elmcroft Estates Subdivision, has been sold and is currently owned by Veronique and Christophe Pochart (the "Pocharts"); and WHEREAS, Deer Hollow intends to sell to Winged Foot Golf Club, Inc. ("Winged Foot") a parcel within the Elmcroft Estates Subdivision, which has been designated "Lot 2"; and WHEREAS, it is the current intent and understanding of Deer Hollow and Winged Foot that Lot 2 will remain undeveloped; and WHEREAS, because Lot 2 is to remain undeveloped, the applicant has requested that the Elmcroft Subdivision Resolution and the Original Declaration be amended to remove Lot 2 from the HOA; and WHEREAS, Deer Hollow and Winged Foot intend for the amended Declaration (the "First Amended Declaration"), to remain binding until such time, if any, that a building permit is issued for a single-family house on Lot 2; and WHEREAS, Winged Foot, the prospective purchaser of Lot 2, has agreed to execute and record a declaration of covenants and restrictions running with the land (the "Lot 2 Declaration"), which shall provide, inter alia, that the First Amended Declaration shall become null and void and the Original Declaration shall be immediately and automatically reinstated when a building permit for a single-family home is issued for Lot 2. WHEREAS, based on public discussions between the Planning Board, Deer Hollow, Winged Foot Golf Club, interested neighbors and members of the public, the Planning Board and Winged Foot Golf Club have agreed that, as a condition to the removal of Lot 2 from the HOA, Lot 2 shall be used solely as a "Buffer Area," which for the purposes of this resolution is defined as a parcel that shall remain undeveloped and shall be landscaped essentially as shown in the Landscape Plan, prepared by Hanse Golf Course Design, Inc. and last revised on October 14, 2009 (the "Landscape Plan"), shall have no structures on it of any kind, whether permanent or temporary, including, without limitation, bleachers and tents, shall not be used for the parking of vehicles of any kind, and shall not be accessed by vehicles of any kind, unless such access is for the purposes of maintaining the landscaping described and/or portrayed in the Landscape Plan and for other general maintenance and/or cleaning-up of the parcel, and shall be considered an out-of-bounds area and not a playable area of the abutting golf course. NOW, THEREFORE, BE IT RESOLVED by the duly convened Planning Board that 1. The Elmcroft Estates Subdivision Resolution is hereby amended as follows: Paragraph H, Responsibilities of Homeowners" Association and Individual Homeowners, subparagraph 2, shall be amended to reflect that Lot 2 shall not be part of the HOA, as follows: "2. The Applicant shall record in the Office of the Clerk of Westchester County a Declaration of Covenants and Restrictions, in form acceptable to the Town Attorney, obligating the individual owners of Lots 1, 3, 4 and 5 to maintain in perpetuity the drainage as described in the Stormwater Management Report, dated February, 2005, last revised December 2, 2005, and the January 2006 Stormwater Management Plan." 2. Lot 2 shall remain a Buffer Area (as defined above). 3. If the Owner of Lot 2 intends to use or develop Lot 2 for any purpose other than as a Buffer Area, including without limitation, for a golf event, it must first make application to the Planning Board for the required special permit and/or site plan approvals and in so doing must comply with the provisions of Chapter 144 of the Code of the Town of Mamaroneck (Notification Procedures). 4. The Original Declaration shall be amended by the First Amended Declaration to remove Lot 2 from the HOA by amending the definition of"Lot" therein to exclude Lot 2. 5. Deer Hollow, Winged Foot and the Pocharts shall execute the First Amended Declaration, the form of which shall be subject to approval by the Town Attorney and as so approved shall be attached hereto as Exhibit A-1. 6. The First Amended Declaration shall be duly recorded in the Office of the Westchester County Clerk, Division of Land Records. 7. Upon the issuance of a building permit to develop a single-family house on Lot 2, the First Amended Declaration shall, with no further action being required, become null and void and the Original Declaration shall immediately be reinstated and shall automatically become effective in its place. 8. Deer Hollow Estates LLC shall execute the Lot 2 Declaration, in the form attached hereto as Exhibit A-2, the form of which shall be subject to the approval of the Town Attorney and as so approved shall be attached hereto as Exhibit 2. The Lot 2 Declaration shall be duly recorded in the Office of the Westchester County Clerk, Division of Land Records. 9. This resolution shall in no way limit the jurisdiction of any board or commission within the Town of Mamaroneck in connection with any proposed use or development of Lot 2. 10. Except as otherwise amended herein, the Elmcroft Estates Subdivision Resolution shall remain in full force and effect, and if there is any conflict between the language of the Elmcroft Estates Subdivision Resolution and this Amended Resolution, the language of this Amended Resolution shall prevail. 11. Within six months of the date hereof, Winged Foot shall provide the Planning Board with proof that the Lot 2 Declaration and the First Amended Declaration have been duly recorded in the Office of the Westchester County Clerk, Division of Land Records, provided that the Director Building upon good cause may grant extensions of the time period. 5. 52 Country Road. Application of Mr. Targoff for a site plan amendment. Public Hearing (continued) Mr. Targoff, the applicant, appeared and addressed the Board. Mr. Targoff stated that it is his belief that any planting now would be a waste of time and money due to the weather. He stated that it is a matter of equity and that the Town should withdraw from a dispute between neighbors. Mr. Rosenbaum asked the Board members if they had the chance to have a site visit. All but Mr. Papazian visited the site. Mr. Rosenbaum continued that the site visit was very informative. He noted that, because of the peculiar topography, the existing plantings are sufficient to block the view of#50 Country Road (the Stier residence) from #52 Country Road, but not the view of the house at #54 Country Road from the Stier residence. In short, the gap in planting has created a situation where Mr. Stier can see the Targoff driveway and house at 54 Country Road. Mr. Targoff stated that three trees which are now missing had been planted but had "disappeared." He added that he will plant trees along the driveway, if required to do so, but he does not want to plant anything on Mr. Stier's property. Mr. Rosenbaum stated that an agreement was made between the Targoffs and Stiers and the Targoffs got what they wanted, but as of yet the Stiers had not. Mr. Rosenbaum concluded that, according to the Town Engineer, the drainage pipe issue has been sufficiently taken care of, but the remaining plantings should be completed. Mr. Ortiz stated that he agreed that that the remaining plantings should be done. Mr. Targoff responded that part of the original plan was to move three existing spruce trees (which would be replaced with five arbor vitae bushes) and he feels that if he were to move the spruce trees they would not survive. He then asked whether he would have to come back before the Board if he and Mr. Stier could reach an agreement not to move them. Ms. Coscu, Mr. Stier attorney, stated that Mr. Stier will not agree to any changes and wants exactly what was agreed on the original plan. Mr. Rosenbaum stated that in the unlikely event that Mr. Stier and Mr. Targoff reach an agreement about the three spruce trees, the requirement that they be moved could be waived at the discretion of the Director of Building. There were no comments from the public On motion of Dr. Mason, seconded by Mr. Ortiz, the Public Hearing was closed. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger, Papazian Nays: On motion of Dr. Mason, seconded by Mr. Ortiz, the draft resolution to deny the application was unanimously approved, as modified. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger, Papazian Nays: AMENDMENT OF PRIOR APPROVAL WETLANDS AND WATERCOURSES PERMIT WHEREAS, by resolution dated October 13, 2004 the Planning Board of the Town of Mamaroneck (the "Planning Board") adopted a Wetlands and Watercourses resolution (the "2004 Resolution ") for Michael Targoff (the "Applicant") for the premises located at 52 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315, Lot 463 (the "Premises"); and WHEREAS, pursuant to Additional Condition 3 of the 2004 Resolution, the notes shown on the landscape plan referred to as "Drawing L-1" prepared by Gregg Cameron DeAngelis, AIAArchitects dated August 27, 2004 (the "Landscape Plan") were incorporated as conditions of the 2004 Resolution, including the requirement that "[a]II plant material shown to be installed on #50 County Road shall be installed with the consent of the owner(s);" and WHEREAS, on or about April 1, 2009, the Applicant submitted an application to amend the 2004 Resolution so as to relieve the Applicant of the requirement that he install all plant material indicated on the Landscape Plan, with such amendment to be based on a proposed finding of the Planning Board that that the existing vegetation and plantings provide a sufficient visual buffer between the Premises and the property located at#50 Country Road (the "Application") and WHEREAS, the Planning Board has considered the Application as well as comments and responses to questions by the Applicant and his representatives, the reports and comments of the Town's consulting engineer, and comments by interested members of the public; and WHEREAS, members of the Planning Board have personally inspected conditions at the Premises; and WHEREAS, based on the record before it and the direct observations of the Planning Board members of conditions at the Premises and #50 Country Road, the Planning Board hereby finds that that the existing vegetation and planting do not provide a sufficient visual buffer between the Premises and the property at #50 Country Road as required under the 2004 Resolution; NOW, THEREFORE, BE IT RESOLVED, that the Planning Board REJECTS Applicant's request to amend the Landscape Plan; and BE IT FURTHER RESOVED that the Planning Board hereby requests the Town of Mamaroneck to enforce with all deliberate speed the conditions of the 2004 Resolution, with particular attention to the Landscape Plan. BE IT FURTHER RESOLVED, that, in the event of an agreement between the Applicant and the owner of#50 Country Road to retain the three (3) blue spruce trees currently existing in the buffer area between #50 Country Road and #52 Country Road instead of replacing such trees with five arbor vitae trees as shown on the Landscape Plan, the Director of Building may waive this specific requirement without further action on the part of this Board. 6. Gardens Lake Restoration. Application of Steve Altieri Town of Mamaroneck Administrator, for a Wetlands and Watercourses permit. Public Hearing Steve Altieri, the Town Administrator, appeared and addressed the Board. Mr. Rosenbaum stated that the CZMC sent a memo to the Planning Board stating that the application is consistent with the policies of the LWRP. Mr. Altieri stated that, at the last meeting, the Wetlands and Watercourses law was discussed in regard to the Planning Board's standards in consideration of the permit application. A memo dated October 14, 2009, prepared by Mr. Altieri, was handed to the Board members. Mr. Altieri explained the application before the Board as follows. The NYSDEC awarded a grant and approved the work plan for the project. Westchester County reviewed the plan and also awarded the Town a grant to enhance flood control capabilities of the lake through installation of a control valve. The lake will be dredged to a depth of 5.5 to 6 feet. There are no alternatives to the proposed action. There will be no degradation of the wetlands and the project will improve the wetland area. During construction, all required safeguards will be in place to prevent erosion. On motion of Ms. Picciotto, seconded by Mr. Ortiz, the Public Hearing was opened, unanimously Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger, Papazian Nays: Mr. Rosenbaum stated that, upon review of the October 14 memo and upon hearing the comments of Mr. Altieri, he believed that the required considerations under the Wetlands and Watercourses law have been met. The Board discussed dredging, wildlife, the planting benches, the proximity to the NYS Thruway and possible odor problems. Mr. Rosenbaum asked if there were any comments or questions from the public. Ms. Seligson stated that the neighbors want the lake dredged. Mr. Altieri stated that the project is targeted for late winter when the odors will be least offensive. On motion of Ms. Dunkin, seconded by Mr. Ortiz, the Public Hearing was closed, unanimously. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger, Papazian Nays: The Chairman directed staff to prepare a draft resolution for the Board's consideration at the next meeting. 7. Application of Bonnie Briar Country Club for Site plan approval. Consideration Mr. Ortiz recused himself, as he is a member of the Bonnie Briar Country Club. Benedict Salinitro the applicant's engineer appeared and addressed the Board. Mr. Salinitro stated that the plan is to provide shelter for electric golf carts stored on the grounds adjacent to Mr. Spies property, which fronts onto Weaver Street. Mr. Salintro entered a photo of the stored golf carts, marked Exhibit 1, and a specifications page on the "Quik Structure" proposed, marked Exhibit 2. The plan is to house 50-60 electric carts within the limits of the existing fenced storage area. The applicant has a Notice of Disapproval from the Director of Building and will go before the Zoning Board for a front yard variance. Mr. Rosenbaum asked if they have to go before the Board of Architectural Review. Mr. Carpaneto responded that the BAR would probably waive the application. Mr. Ryan said the applicant should be referred to the Zoning Board first for a variance. Dr. Mason asked about the durability of the fabric and Mr. Burke, the general manager of Bonnie Briar, stated that it has a 15-year warranty. Mr. Salanitro stated that the applicant wishes to change the application from one for a temporary structure to one for a permanent structure. Mr. Oliveri asked for a survey showing the setback from the tennis courts and the cultic units. Mr. Rosenbaum referred the application to the Zoning Board of Appeals and the Board of Architectural Review. Mr. Salinitro stated that they will have a letter from Mr. Spies in support of the structure. The matter was adjourned. ADJOURNMENT The meeting was duly adjourned by unanimous vote at 9:15 P.M. Francine M. Brill Planning Board Secretary