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HomeMy WebLinkAbout2010_08_11 Planning Board Minutes Town of Mamaroneck Planning Board Minutes Agenda August 11, 2010 Application No. 1 19 Avon Road, Subdivision Application No. 2 PETCO Special Use Permit Application No. 3 Bonnie Briar Country Club Site Plan Amendment Application No. 4 Mercedes Benz Special Use Permit Renewal Application No. 5 William Maker Town Board Referral MINUTES OF THE REGULAR MEETINGOF THE PLANNING BOARD OF THE TOWN OF MAMARONECK AUGUST 11, 2010 IN CONFERENCE ROOM C, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Ov ` Roll Call .Members Present: C. Alan Mason, John Ortiz, Ellen Dunkin, Edmund Papazian, George Roniger Also Present: Ronald Carpaneto, Director of Building, Lisa Hochman, Counsel, James Naterlli P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant Absent: Marc Rosenbaum, Virginia Picciotto Recording Secretary: Francine M. Brill CALL TO ORDER John Ortiz, Vice Chairman, called the meeting to order at 8:00 p.m. The applications were taken out of order. MINUTES 1 IVa Motion: To approve the minutes of July 12, 2010 as amended Action: Approved Moved by C. Alan Mason, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz. Absent: Marc Rosenbaum, Virginia Picciotto. Application No 1 Case No. 276 19 Avon Road 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 The applicant requested an adjournment and the matter was adjourned to Tuesday September 14, 2010. Application No. 5 Case No. 286 William Maker Town Board referral William Maker, the Town Attorney, addressed the Board. Mr. Maker stated that the Town Board is seeking to address the Town law preventing parking within 25 feet of the front property line. He explained the intent of the proposed law and requested that the Planning Board review and comment on the proposed change in the law. The Town Board is expected to hold a public hearing on the matter at their September 15, 2010 meeting The Board discussed the proposed law and directed counsel to prepare a draft advisory opinion. Mr. Maker thanked the Board. A s s lication No. 2 Case No. 281 PETCO 1275 Boston Post Road IIVa Continuation of Public Hearing Joseph DiSalvo, the applicant's attorney, addressed the Board. He referred to his July 23, 2010 letter, answering the Boards earlier stated concerns and the roof plan A2.5 dated August 9, 2010. The Board discussed the proposed plan for the air conditioning condenser unit, the self closing and latching tower enclosure gate and the "No left Turn" condition. 2 Mr. Ortiz stated for the record that Duane Reade was not subject to the "No Left Turn" restriction. Members of the public voiced their concerns about, noise emanating from the air conditioning unit, location of deliveries and odors. Mr. DiSalvo, on behalf of the applicant, agreed to the "No left Turn" sign condition with the understanding that the applicant may return with a traffic study to request to have it removed, if they so choose. The Board and Mr. Di Salvo discussed the conditions to be set in the Resolution. ovm Motion: To close the public hearing Action: Approved Moved by C. Alan Mason, Seconded by Edmund Papazian. ovm Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz. Absent: Marc Rosenbaum, Virginia Picciotto. ovm Motion: To adopt a Negative Declaration Action: Approved Moved by C. Alan Mason, Seconded by Ellen Dunkin. ovm Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz. Absent: Marc Rosenbaum, Virginia Picciotto. ovm Motion: To approve the Special Use permit as amended Action: Approved Moved by Edmund Papazian, Seconded by C. Alan Mason. ovm Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz. Absent: Marc Rosenbaum, Virginia Picciotto. SPECIAL USE PERMIT- PETCO, 1275 Boston Post Road WHEREAS, PETCO Animal Supplies, Inc ("PETCO" or the "Applicant"), submitted an application for a Special Use Permit for use of the premises at 1265-1275 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Lot 449 for use for retail sale of small pets, pet food, pet supplies as well as pet grooming, training and care, including limited veterinary services; and 3 WHEREAS, Section 240-30.B of the Code of the Town of Mamaroneck (the "Town Code") lists "Veterinary Hospitals, boarding and care of small pets" is a special permit use; and WHEREAS, the application was duly referred to the New York State Department of Transportation, Town of Mamaroneck Police Department, Town of Mamaroneck Fire Department, Board of Architectural Review, Coastal Zone Management Commission, Traffic Committee, Westchester County Planning Board and the Village of Mamaroneck; and WHEREAS, a Public Hearing was held on the following dates: June 9, July 14, and August 11, 2010, pursuant to notice required by Chapter 144 of the Town Code; and WHEREAS, after a meeting of the Traffic Committee held on June 23, 2010, the Traffic Committee issued a memo to the Planning Board, which communicated concerns regarding left turns exiting the site and deliveries; and WHEREAS, the July 14th and August 11`h Public Hearing, members of the Planning Board expressed concern about left turns existing the site based on their personal knowledge of traffic conditions in and around that location; and WHEREAS, at the August 11, 2010 Public Hearing, the Applicant agreed to the "no left turn" restriction subject to the Applicant's being able to return to the Board in the future to request lifting of such restriction; and WHEREAS, this is an Unlisted action pursuant to SEQRA and MEQR; and WHEREAS, on August 11, 2010 the Planning Board approved determination of non-significance (the "Negative Declaration"); 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. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby 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 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. 4 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. 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 on the subject property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the applicant for a Special Use Permit for pet grooming, pet training and limited veterinarian services, subject to the following terms and conditions: 1. There will be a "NO LEFT TURN" sign posted at the parking lot exit. 2. Veterinary services will be permitted but no surgeries will be performed on site. 3. There will be no boarding of animals on site. 4. Trash will be stored in the existing garbage enclosure, which will be refurbished to the reasonable satisfaction of the Director of Building and shall be kept covered. 5. The delivery schedule shall be as follows; Monday through Friday 8:00 a.m. —6:00 p.m. and Saturday 9:00 a.m.- 6:00 p.m. 6. Deliveries shall be permitted to the front door only. 7. The Hours of operation shall be 9a.m. —9p.m. Monday through Saturday; l0a.m—7p.m Sunday. 8. The air conditioning unit shall be installed in accordance with plan prepared by SBLM Architects, as last revised on August 9, 2010. 9. The fence enclosing the existing air conditioning unit shall be self-closing and self latching to ensure proper closure, to the reasonable satisfaction of the Director of Building. 10. Sound baffling and screening wall shall be installed behind the proposed air conditioning unit to be built to the reasonable satisfaction of the Director of Building. 11. The noise of the proposed air conditioning unit shall be no greater than the current unit at 82 decibels. 12. This Special Use Permit shall expire after two (2) years. 13. This Special Use Permit is subject to 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. 5 IVi ` Application 3 Case No. 282 Bonnie Briar Country Club Continuation of Public Hearing Mr. Ortiz recused himself. Dr. Mason was acting Chair Jonathan Kraut, the applicant's attorney, addressed the Board. The Board discussed the construction sequence, timing of planting, hours of use, need for illumination and application of herbicides and pesticides. Mr. Kraut stated that he hopes the Board will be prepared to vote on the matter at the next meeting. Dr. Mason directed Ms. Hochman to prepare and circulate a draft site plan amendment. The matter was adjourned to September 14, 2010. A s s lication No. 3 Case 283 Mercedes Benz IIVa Joseph Crocco, architect for the applicant, addressed the Board. He referred to an earlier submitted letter from the applicant, which responded to the Traffic Committee concerns about employee parking on local streets. Ms. Silverman, representing the applicant, stated that Mercedes Benz has supplied a shuttle bus, which shuttles employees to the off site parking lot in New Rochelle. Mr. Carpaneto stated that there have been no complaints about the operation of the business. The Board discussed the application. There were no questions or comments from the public. OvIN OvIN Motion: To close the public hearing Action: Approved Moved by C. Alan Mason, Seconded by Ellen Dunkin. OvIN Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz. Absent: Marc Rosenbaum, Virginia Picciotto. OvIN This is a Type II action with no further action required under SEQRA. OvIN Motion: To approve the Special Use Permit renewal Action: Approved Moved by Edmund Papazian, Seconded by C. Alan Mason. OvIN Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz. Absent: Marc Rosenbaum, Virginia Picciotto. SPECIAL USE PERMIT RENEWAL —MERCEDES BENZ WHEREAS, Mercedes Benz/Joseph R. Crocco submitted an application for a Special Use Permit Renewal for use of the premises at 2500 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 123 as an auto dealership; and WHEREAS, a Public Hearing having been held on August 11, 2010 pursuant to notice; WHEREAS, the Planning Board having considered the application for a Special Use Permit Renewal, the plans and zoning report 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 having heard interested members of the public; WHEREAS, the Director of Building has indicated to the Planning Board that there are no outstanding violations; WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6NYCRR§ et seq. and, accordingly, no further action under SEQRA is required. 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 wit Special Us Permit Renewal will be no more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit Renewal. 3. The proposed Special Use Permit Renewal use will be in harmony with the general health, safety and welfare of the surrounding area by the nature 7 of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Mercedes Benz/Joseph R. Crocco for a Special Use Permit Renewal for an auto dealer use subject to the following terms and conditions. 1. Showroom hours of operation will be from 9:00 a.m. to 10:00 p.m. Monday through Friday; 9:00 a.m. to 8:00 p.m. Saturday; 9:00 a.m. to 5:00 p.m. Sunday. 2. Automobile service hours of operation will be from 7:00 a.m. to 8:00 p.m. Monday through Friday; 9:00 a.m. to 5:00 p.m. Saturday; no automobile service hours on Sunday. 3. Permit shall expire after two (2) years. 4. This Special Use Permit Renewal 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. ADJOURNMENT Motion: To adjourn the meeting at 9:46 pm. Action: Approved Moved by C. Alan Mason, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz. Absent: Marc Rosenbaum, Virginia Picciotto. Minutes prepared by Francine M. Brill Planning Board Secretary 8