HomeMy WebLinkAbout2015_05_13 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
MAY 13,2015, HELD IN CONFERENCE ROOM C,OF THE TOWN OF MAMARONECK
740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK
1. MINUTES
2. 28 Colonial Avenue Wrobel Public hearing
Required Approval(s) Subdivision Approval
Town Code Chapter 190
Location: 28 Colonial Avenue
District: R-6
Project Description two lot subdivision
3. 23 North Brook Road North Brook Development Public Hearing
Required Approval(s) Wetlands and Watercourses
Town Code Chapter 114
Location: 23 North Brook Road
District: R-6
Project Description build a new single family residence
4. 2 Fairway Drive Fairway Green Consideration
Required Approval(s) Subdivision Approval
Town Code Chapter 190
Location: 2 Fairway Drive
District: R-20
Project Description 3 lot subdivision
5. 626 Fifth Avenue McGuires Service Corp. Public Hearing
Required Approval(s) Special Use Permit Renewal
Town Code: Section 240-64 and 240-65
Location: 626 Fifth Avenue
District: SB-R
Project Description office space and interior storage
Roll Call.
Present:John Ortiz, Ellen Dunkin, George Roniger, Stephen Marsh, Ira Block, Elizabeth Cooney
Also Present: Ronald Carpaneto, Lisa Hochman, Counsel, Elizabeth Paul, Environmental Consultant,
Jaine Elkind-Eney.
Absent/Excused: Edmund Papazian, Ralph M. Engel, alternate, Kevin G. Ryan, Counsel,Anthony Oliveri
P.E., Consulting Engineer.
CALL TO ORDER
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The minutes of April 8, 2015 were discussed.
Motion:To approve the minutes of April 8, 2015 with technical corrections.
Action:Approved
Moved by Ellen Dunkin, Seconded by Ira Block.
Vote: Motion carried by unanimous roll call vote (summary:Yes=6).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh.
2. 28 Colonial Avenue Wrobel Public Hearing continued
Donald Mazin,the applicant's architect, addressed the Board stating they are here for a public hearing
as his client intends to sell the lot for the prospective owner to build on. He further stated the Board of
Health wants something from the Town before they will sign the Plat.
Ms. Hochman stated this is a Type 2 action and offered to confer with the health department to help
facilitate the signing of the Plat. Possibly a letter from Dolph Rotfeld Engineering will be enough.
The Town code stated the sub divider will obtain the signatures.
Ms. Brill confirmed all notifications have been made.
Mr. Ortiz stated he can't open the public hearing until everything is ready, as there is a time frame to
adhere to.
Mr. Block stated that the applicant will also need approval from Water works.
Mr. Mazin responded the only thing left to do is get the letter from the water works after Ms. Hochman
confers with the Dept. of Health.
PUBLIC COMMENTS
Mr. Ortiz entered 2 letters from the immediate neighbors into the record marked Exhibit A and B.
Ms. Reddicliffe of 24 Colonial Ave. stated she would like to see noise mitigation during construction as
she is concerned with hours of operation. She also stated her concerns regarding stormwater, as there
is flooding in the area and there removal of large trees to allow construction.
Mr. Ortiz stated that code requires no increase in water off the property.
Chipping hours were questioned and Mr. Carpaneto stated the hours are Monday—Friday 9AM-6PM no
weekends or holidays.
Kate Beebe, of 81 Colonial Avenue stated concerns regarding traffic from Murray Avenue School as it is
horrendous presently also her concern regarding trees to be removed and requested that they should
be replaced and a condition that there should be money put into a tree fund. Any street trees should
be preserved or replaced.
Ms. Paul stated that normally the applicant would have to replace the street tree.
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Ms. Beebe asked that the proposed driveway not be placed directly across from hers.
Ms. Paul stated the request for money to be set aside for a tree fund should be addressed to the Town
Board
The matter was adjourned to June 10, 2015.
3. 23 North Brook Public hearing continued
Rick Yestadt, the applicant's architect addressed the Board stating the application is for new house, and
they answered the comments from Mr. Oliveri's April 8th letter. He further stated that Mr. Oliveri had
requested a full size plan which was supplied,the patio size was coordinated with architectural plans
and the drainage calculations were updated. The owner has agreed to the request for the
performance bond.
Mr. Rotfeld stated that the calculations will have to redone to the new Department of Environmental
Conservation specs of 6.4 inches rather than 6 inches.
Mr. Yestadt responded they will supply the new calculation ASAP.
The easement was discussed, Mr. Yestadt stated that the Town administrator Mr. Altieri stated the
Town has no current or future need for the easement, and that he has been in contact with Town
council to dissolve the easement,
Ms. Paul stated that she spoke with Mr. Altieri today regarding the easement as it is just on the map
there is no verbal description of the easement filed in the county.
Mr. Ortiz stated that unfortunately the easement is still part of the Boards consideration and nothing
can be done until the easement is resolved.
Rock removal was discussed and it was estimated that 359 cubic yards of rock is to be removed, Mr.
Ortiz asked approximately how many truck loads.
Mr. Rotfeld responded that it depends on truck size and size of rock, possibly as many as 30-35 if they
are 10 yard trucks.
The Board discussed the application
Public comments were sought.
Eugene Maguire, 19 North Brook Road questioned the rock removal duration and how will it be done, as
he is concerned for his foundation.
Mr. Carpaneto stated that it will be chipping for 15 days;the rock in the area is soft. Only blasting has a
pre blast survey.
Mr. Maguire stated his daughter works nights would not be able to sleep during the day.
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Mr. Poccia, of 21 North Brook Road stated that the rods threaded into the wall sound barriers have to
be protected.
The matter was adjourned to June 10, 2015.
4. 2 Fairway Drive Fairway Green consideration
Mike Charitou,the contract vendee, addressed the Board. Mr. Charitou stated it was a school; he is now
proposing 3 lots with one driveway on Old White Plains Road, and two on Fairway Drive. No
protective status.
Mr. Block asked if the building was historic, and also requested the owner's endorsement.
Mr. Charitou stated that he intends to build all 3 houses at one time.
Street frontage was discussed for an R-20 Zone District.
Mr. Ortiz asked if the neighbors have been contacted with the proposal, Mr. Charitou responded not
yet. He further stated he will supply storm water calculations and asked to be referred to the Coastal
Zone Management Commission.
Present lot coverage and proposed lot coverage was discussed.
Referrals are to be made to the Town Police Department, Fire Department,Traffic Commission, Coastal
Zone Management Commission,Westchester County Management Commission, and Scarsdale.
Ms. Paul gave Mr. Charitou the new DEC short environmental form to fill out.
Ms. Hochman stated this is an unlisted action.
The matter was adjourned to June 10, 2015
5. 626 Fifth Avenue McGuires Service Corp. Public Hearing
Edward Kempsey, representing McGuires present to renew the Special Use Permit.
Mr. Kempsey stated that there are no changes to the hours of operation or work.
Mr. Carpaneto stated there have been no violations or complaints.
Motion:To open the public hearing non pro tunc
Action:Approved
Moved by Elizabeth Cooney, Seconded by Ira Block.
Vote: Motion carried by unanimous roll call vote (summary:Yes=6).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh.
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The Board discussed the renewal.
Public comments were sought and none were made.
Motion:To close the public hearing
Action:Approved
Moved by Ellen Dunkin, Seconded by George Roniger.
Vote: Motion carried by unanimous roll call vote (summary:Yes=6).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh.
Motion:To approve the Special Use Permit Renewal
Action:Approved
Moved by Ira Block, Seconded by Ellen Dunkin.
Vote: Motion carried by unanimous roll call vote (summary:Yes=6).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh.
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 13, 2015 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
NOW, THEREFORE, BE IT
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.
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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 contractor'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.
NEW BUSINESS
Mr. Ortiz stated on a personal note that this may be his last meeting as chairman as he will be moving to
San Francisco, Ca.
ADJOURNMENT
Meeting was adjourned at 8:54P.M.
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Minutes prepared by
Francine M. Brill
Planning Board Secretary
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