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HomeMy WebLinkAbout2015_11_04 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK, NOVEMBER 4, 2015 HELD IN CONFERENCE ROOM C, OF THE TOWN CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK Roll Call. Present: Ralph M. Engel, Chairman, Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, Eileen Weingarten, Donald J, Kravet, Ron Mandel Also Present: David Goessl, Town Civil Engineer, Lisa Hochman, Counsel, Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant, Jaine Elkind-Eney, Liaison. Absent/Excused: Stephen Marsh. CALL TO ORDER The meeting was called to order at 8:00P.M. MINUTES Motion: to approve the minutes of September 9, 2015 Action: Approved Moved by Ellen Dunkin, Seconded by Ira Block. Vote: Motion carried by unanimous vote (summary: Yes = 7). 2. 2 Fairway Drive Fairway Green Consideration Ms. Hochman stated that the applicant has submitted proof of owner authorization. Mr. Charitou, representing the applicant, addressed the Board stating that he has responded to Mr. Oliveri's drainage comments. Mr. Oliveri responded that has a few minor comments left, most of which are technical and would not prevent the scheduling of a public hearing. Mr. Block asked what trees will be removed; Mr. Charitou responded and showed the trees marked on the plan. Ms. Paul explained that the trees marked for removal are within the footprint of construction and the applicant is proposing to plant 15 Norway spruces and other plantings. Mr. Goessl stated that he was present when the test pits were done and that the property is heavily wooded (along the rear perimeter). He suggested that the corner of the site (near the 1 intersection of Fairway Drive and Old White Plains Road) should be clear of plantings for vehicle visibility. Motion: To set the public hearing Action: Approved Moved by George Roniger, Seconded by Eileen Weingarten.Vote: Motion carried by unanimous vote (summary: Yes = 7). 3. 2434 Boston Post Road Majestic Glass and Mirrors Public Hearing Motion: To open the public hearing Action: Approved Moved by Ellen Dunkin, Seconded by Eileen Weingarten. Henry Morocho, representing the applicant, addressed the Board. Ms. Brill stated that Mr. Carpaneto informed her that there have been no complaints and no violations issued against the property. The Board discussed the application, including hours of operation. The applicant stated that the hours of operation as stated in the prior approval are acceptable. Public comments were sought but there were none. The original 2012 resolution conditions were read into the record. The Board discussed the fact that the application is over a year late in renewing the special use permit; therefore it was proposed that the applicant receive an extension that expires on October 10, 2016. The applicant agreed. Motion: To close the public hearing Action: Approved Moved by Edmund Papazian, Seconded by George Roniger. Vote: Motion carried by unanimous vote (summary: Yes = 7). Motion: To approve renewal of the special use permit renewal for the period to expire on October 10, 2016 Action: Approved Moved by Ralph M. Engel, Chairman, seconded by Ellen Dunkin. 2 Vote: Motion carried by unanimous vote (summary: Yes = 7). SPECIAL USE PERMIT RENEWAL Majestic Glass and Mirrors 2423 East Boston Post Road On motion of Ralph Engel, seconded by Ellen Dunkin, the Special Use Permit application of Majestic Glass and Mirrors (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 7-0: WHEREAS, Henry Morocho, on behalf of Majestic Glass & Mirrors (the "Applicant"), submitted an application for a Special Use Permit for use of the premises at 2423 East Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Lot 463 for use for an establishment to modify and sell glass and mirrors; and WHEREAS, Section 240-30.B of the Code of the Town of Mamaroneck (the "Town Code") lists stores for the sale of goods as a special permit use; and WHEREAS, a Public Hearing was held on November 4, 2015, pursuant to such notice as required by Chapter 144 of the Town Code; 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 the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act; and WHEREAS, the Planning Board has considered the application for the Special Use Permit, the plans submitted by the Applicant, comments and responses to questions by the Applicant, the reports and comments of the consulting Engineer to the Town and offered to hear comments from members of the public, but there were none. NOW, THEREFORE, BE IT RESOLVED, that this Board APPROVES the Application. BE IT FURTHER RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in harmony with the surrounding area and will 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, as limited by the conditions set forth herein, will be no more objectionable to nearby properties by reason of noise, fumes and vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit. 3 3. The proposed Special Use Permit, as limited by the conditions set forth herein, 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. There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck relating to the subject property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the applicant for a Special Use Permit subject to the following terms and conditions: 1. The hours of operation shall be only as follows: Monday through Friday 8:30 a.m. —5:00 p.m. and Saturday 9:00 a.m. 2:00 p.m. 2. This Special Use Permit renewal shall expire on October 10, 2016. 3. The Applicant shall be responsible for the proper maintenance of any garbage dumpsters used in connection with its business operations and shall comply with any and all reasonable directives with respect thereto by the Director of Building. 4. This Special Use Permit is subject to termination requirements set forth in Sections 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. Vote: In Favor: Edmund Papazian, Eileen Weingarten, Ellen Dunkin, George Roniger, Ira Block, Ralph M. Engel, Chairman, Ron Mandel. Against: None This decision shall be filed with the Town Clerk. 4. 176 Myrtle Blvd. Gjoko Shkreli Consideration Adjourned Ms. Hochman, stated that the applicant appeared before Zoning Board of Appeals (ZBA) on October 28 but the ZBA Chairman did not open a public hearing, as the application was deemed incomplete. The next ZBA meeting is scheduled for December 16`h The Board discussed whether the application is to be taken off the Planning Board's agenda until such time as the applicant has something for the Board for review. The Board directed Ms. Brill to inform Mr. Mazin that the application will be removed from the agenda until such time as they have something to present to the Board for review. Mr. Engel stated that the Planning Board has no authority to approve the proposed site plan unless the ZBA grants the necessary variances. 4 5. 613 Fifth Avenue/2 Valley Place Citi Park Service Station Public Hearing Motion: To open the public hearing Action: Approved Moved by Ellen Dunkin, Seconded by Eileen Weingarten. Tory Shelton appeared and addressed the Board as a representative of Citi Park Service Station. Ms. Brill stated there were no violations or complaints against the property. Mr. Shelton stated that they are requesting no changes from the prior approved special use permit. Mr. Papazian stated that the previous resolution required a striped area that is no longer visible and must be repainted as a condition of the approval. He further noted that cars parked on the street hinder traffic and this should be checked by the Building Department. Mr. Shelton stated that the edge of the property along Fifth Avenue is striped but he is not sure about the edge of the property along Valley Place. "No Parking" signs were discussed. Mr. Engel stated that prior approval requires a 4-foot "no parking" striped area on both street frontages. Mr. Engel suggested that the Board grant the renewal subject to the painting of the striped area and posting "no parking" signs within 2 weeks, as well as full compliance therewith. Public comments were sought but there were none. Motion: To close the public hearing Action: Approved Moved by Edmund Papazian, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous vote (summary: Yes = 7). Motion: To renew the Special Use Permit for 2 years from today with the condition that the painting of the required striped area and the parking signs be in place and obeyed. Action: Approved Moved by Ralph M. Engel, Chairman, seconded by Ellen Dunkin. Vote: Motion carried by unanimous vote (summary: Yes = 7). 5 SPECIAL USE PERMIT RENEWAL CITIPARK SERVICE STATION On motion of Ralph M. Engel, seconded by Ellen Dunkin, the Special Use Permit application of CitiPark Service Station (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 7-0: WHEREAS, Tory Shelton, representing 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 the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act; and WHEREAS, the Planning Board conducted a Public Hearing on November 4, 2015; and WHEREAS, the Planning Board, has considered the application of renewal of a Special Use Permit, the plans completed by the applicant, comments and responses to questions by the applicant, the reports and comments of the 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 will 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. 6 4. The property subject to this Special Permit is not in 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 this application for the RENEWAL of the 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 only 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. No later than November 18, 2015, 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 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 properly enclosed refuse containers. 7. This Special Use Permit is subject to the termination requirements set forth in Sections 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. Vote: In Favor: Edmund Papazian, Eileen Weingarten, Ellen Dunkin, George Roniger, Ira Block, Ralph M. Engel, Chairman, Ron Mandel. Against: None 7 This decision shall be filed with the Town Clerk. ADJOURNMENT Motion: To adjourn the meeting at 9:10 P.M. Action: Approved Moved by Ellen Dunkin, Seconded by Ira Block. Vote: Motion carried by unanimous vote (summary: Yes = 7). The new alternates Ron Mandel, Alternate B and Donald Kravet, Alternate A were introduced to the Board. Minutes prepared by Francine M. Brill Planning Board Secretary 8