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HomeMy WebLinkAbout2010_05_12 Planning Board Minutes Town of Mamaroneck w MIMED id+tl • Town of Mamaroneck Planning Board Minutes May 12, 2010 Members Present: Marc Rosenbaum, John Ortiz, Ellen Dunkin, Virginia Picciotto, George Roniger Absent: Edmund Papazian. C. Alan Mason, Also Present (Non-members): Anthony Oliveri P.E., Lisa Hochman, Counsel, Ronald Carpaneto, Director of Building, Elizabeth Paul, Environmental Coordinator, Ernest Odierna, Liaison Recording Secretary: Francine M. Brill Mr. Rosenbaum stated approval of the previous months minutes are postponed. Draft minutes are available for review. Vie Application No. 1 CASE No. 276 Joseph M. Bloch Jr. Living Trust dated 11/22/01,Joseph M. Bloch Jr., Trustee and Dana K. Bloch Living Trust dated 12/4/03, Dana K. Bloch, Trustee, as tenants-in-common, presently residing at 19 Avon Road, Larchmont, New York 10538 19 Avon Road Subdivision, Public Hearing Applicant requested an adjournment. Vie Application No. 2 CASE No. 277 McGuire's Service Corp. 626 Fifth Avenue Special permit Public hearing Motion: To open public hearing, Action: Approved Moved by: Ellen Dunkin, Seconded by Virginia Picciotto. Vote: Motion passed (summary: Yes = 5, No = 0, Absent= 2). 1 Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chair, Virginia Picciotto. Absent/Excused Edmund Papazian, C. Alan Mason. Clark Neuringer, the applicant's architect addressed the Board to request a Special Use Permit. The street trees were discussed and Ms. Paul suggested varieties that can be planted near wires. Mr. Rosenbaum suggested that the Board adjourn to later in the evening for counsel to check the Town code with respect to requirements for referrals to other agencies. The matter was adjourned. Iva ` Application No. 3 CASE No. 279 Gardens Lake Restoration, Wetlands and Watercourses Permit, Public Hearing Motion: To open the Public Hearing, Action: Approved Moved by John Ortiz, Seconded by Virginia Picciotto. Vote: Motion passed (summary: Yes = 5, No = 0, Absent = 2). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chair, Virginia Picciotto. Absent/Excused: Edmund Papazian, C. Alan Mason. Mr. Altieri addressed the Board and described the project. The plan is to improve Gardens Lake as a flood control area as well as improve water quality through the installation planting benches. The odor issue and traffic concerns were discussed. Ms. Thys, a neighbor, asked about the preservation of the fish and turtles. Motion: To close the Public Hearing, Action: Approved Moved by John Ortiz, Seconded by Ellen Dunkin. Vote: Motion passed (summary: Yes = 5, No = 0, Absent/Excused = 2). 2 Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chair, Virginia Picciotto. Absent/Excused: Edmund Papazian, C. Alan Mason Adjourned to June 9 Iva ` Application No. 4 CASE No. 280 Village Square Bagels 1262 Boston Post Road, Special Use Permit Renewal, Public Hearing Motion: To open the public hearing, Action: Approved Moved by Virginia Picciotto, Seconded by John Ortiz. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chair, Virginia Picciotto. Abstain: Edmund Papazian, C. Alan Mason. John Mercaldi, the owner of Village Square Bagels, addressed the Boar, stating that he is before the Board to renew his Special Use Permit. Mr. Rosenbaum asked if there are any zoning violations. Mr. Carpaneto answered no. Mr. Rosenbaum stated that he was apprised of a technicality, which prohibits the Board from voting tonight. Mr. Ryan stated the notice to the Village of Mamaroneck went out May 3, and under GML 239-nn notice is required to be not less than 10 days prior to the meeting. Mr. Ryan stated that the applicant properly did the radius/mailed notice and it does not have to be done again only the date on the sign must be changed. The public hearing will be continued at the next meeting and Mr. Rosenbaum adjourned the matter to June 9, 2010. Iva ` Application No. 5 CASE No. 281 PETCO 1275 Boston Post Road, Special Use Permit, Consideration Joseph DiSalvo attorney for the applicant, addressed the Board stating that they are before the Planning Board for a Special Use permit. The Board discussed noise, garbage removal (animal waste and hypodermic needles from the veterinarian services) as well as the HVAC unit 3 Mr. Keith Moreau, representing PETCO stated he will provide answers to the questions raised by the Board at the public hearing. The Board discussed the signage, hours for deliveries, the nearby residential area on Rockridge Road and possible changes to the building. The matter was adjourned to June 9, 2010. Iva ` Application No. 6 CASE NO 275 Bonnie Briar Country Club 808 Weaver Street, Site Plan Amendment, Consideration Mr. Ortiz recused himself. Ben Salinitro, the applicant's engineer, addressed the Board. Mr. Salinitro stated that the applicant wishes to make an improvement to the northwest portion of property and put in a Pitch and Putt practice area. This will require the removal of the current vegetation and new landscaping. A forty-foot buffer is required between the applicant's property and the adjacent property. As the Board requested at the previous meeting, representatives of the applicant have met with the neighbors for their input. The applicant has developed a landscaping plan. Dave Heatwole, the landscape architect, stated the area north of the tennis court is currently unmaintained. Martin Kaplan, the adjoining property owner, stated that he would like to contact all the agencies that received referrals of this applicant to seek their input. Mr. Rosenbaum suggested a site visit might be appropriate. Mr. Kaplan stated he would welcome the Board to view the site from his property. The matter was adjourned to a public hearing June 9, 2010. Iva ` Application No. 7 CASE NO. 273 Steve Marsh, Contract Vendee, 77 Cooper Lane, Subdivision, Public Hearing Mr. Marsh asserted that he has received all required certifications and is before the Board to get the final plat signed. The Board discussed the traffic issues during construction and the staging of the construction vehicles. Mr. Oliveri stated that the Board needs a signed plat and final construction plans showing the staging and construction sheet with traffic control, where unloading and deliveries will be made, the construction entrance and container locations as well as the silt fence and stock pile location. 4 There was discussion about site lines on Cooper Lane and how to ensure that visibility would be maintained in the future. The matter was adjourned to June 9, 2010 for a public hearing. Va Application No. 2 CASE NO. 277 Continued McGuire's Service Corp. 626 Fifth Avenue, Special Use permit, Public hearing Mr. Ryan stated that it has been accepted practice to wait for referrals from other agencies, such as the Board of Architectural Review (the "BAR"). Mr. Neuringer stated that this is a standalone application and the application to the BAR regarding the proposed sign is independent of the special permit application before the Planning Board. Ms. Brill confirmed that the Planning Board did not refer the application to the BAR, and the applicant applied directly to the BAR The Board discussed the trees and Mr. Neuringer stated that the trees will be provided for as shown on the site plan. The Board discussed the possible conditions of the approval, such as hours of operation, deliveries, repairs and storage of hazardous materials. Mr. Rosenbaum stated that the other elements of the application are in general harmony with the surrounding neighborhood and that there will be no added noise, light or traffic as a result of the proposed use. Motion: To close public hearing Action: Approved Moved by: John Ortiz, Seconded by: Ellen Dunkin. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). Yes: Ellen Dunkin, George Rongier, John Ortiz, Marc Rosenbaum, Chair, Virginia Picciotto. Abstain: Edmund Papazian, C. Alan Mason. Motion: To authorize approval of the negative declaration for 626 Fifth Avenue Action: Approved Moved by: John Ortiz, Seconded by: Virginia Picciotto. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). 5 Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chair, Virginia Picciotto. Abstain: Edmund Papazian, C. Alan Mason. Mr. Rosenbaum read the Negative Declaration into the record. Motion: To approve the Special Use Permit for 626 Fifth Avenue McGuire's Service Corp, Action: Approved Moved by: John Ortiz, Seconded by: Virginia Picciotto. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chair, Virginia Picciotto. Abstain: Edmund Papazian, C. Alan Mason. Mr. Neuringer thanked the Board. SPECIAL USE PERMIT—626 FIFTH AVENUE WHEREAS, McGuire's Service Corp. submitted an application for a Special Use Permit for use of the premises at 626 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132, Lot 61 as a contractor's establishment; and WHEREAS, a Public Hearing was held on May 12, 2010 pursuant to notice; and WHEREAS, the Planning Board has considered the application for 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 an Unlisted action pursuant to SEQRA and MEQR; and WHEREAS, on May 12, 2010 the Planning Board approved a resolution authorizing a determination of non-significance (the "Negative Declaration"). NOW, THEREFORE,BE IT 6 RESOLVED, that the Board adopts a Negative Declaration, a copy of which is annexed hereto. 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 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, 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. 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. There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck on the subject property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of McGuire's Service Corp. for a Special Use Permit for a contactor's establishment, subject to the following terms and conditions: 1. The hours of operation shall be from 6:30 a.m. to 5:00 p.m. Monday through Friday, closed on Saturday and open from 8:00 a.m. until 2:00 p.m. on Sunday. 2. There will be no deliveries on Sunday. 3. There will be no construction vehicles before 8:00 a.m. 4. There will be no on-site servicing of vehicles or equipment. 5. This approved Special Use Permit allows only conventional office use and storage activity related to offices. 6. There shall be no on-site storage of noxious or hazardous materials. 7. This Special Use Permit shall expire after two (2) years. 8. 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. 7 NEW BUSINESS IVa Mr. Christopher Bourdain, of 22 Lafayette Road, spoke regarding the previously approved Varela Lane subdivision. Mr. Bourdain stated that in 2007 the neighbors petitioned the Board to put certain conditions on the approval to restrict the hours of construction and to maintain a buffer between the development and the residents on Lafayette Road. Since that time, the property has come under new ownership and the current owner is not adhering to the construction restrictions. The Town Code, as enforced by the Police Department allows construction work to continue until 8:00 P.M. Therefore, to the extent the Police Department is not aware of the additional restrictions imposed by the Planning Board in the subdivision approval, the Police Department only enforces the time limits in the Town Code. The Chair instructed counsel to prepare a memo to the Town Board appraising it of this problem. lotm ADJOURNMENT That meeting was adjourned. Minutes prepared by Francine M. Brill Planning Board Secretary 8