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HomeMy WebLinkAbout2007_09_11 Planning Board Minutes ,,'�9� Town of Mamaroneck e �'�� ,� Planning Board • MIMED 1G51 • Town of Mamaroneck Planning Board Minutes September 11, 2007 Present: Marc Rosenbaum, Chair C. Alan Mason, Edmund Papazian John A. Ortiz Ellen Dunkin George Roniger Also Present: Ron Carpaneto, Director of Building Kevin G. Ryan, Counsel John Avellino, P.E Absent: Virginia Picciotto Wanda Spevedula, Public Stenographer Carbone &Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine Brill, Recording Secretary 1. MINUTES The minutes were postponed. 2. HIGH TECH CAR WASH On Motion of C. Alan Mason, seconded by John Ortiz the public hearing was opened. Joseph Albanese the applicant appeared and addressed the Board. Mr. Albanese stated that High Tech car was has not received any violation and no changes have been made since the granting of the last Special Use Permit. The Board discussed this application and its findings revealed that there were little or no adverse impacts on the neighborhood or community. On Motion of C. Alan Mason, seconded by Ellen Dunkin the public hearing was closed. After review on motion of C. Alan Mason, seconded by John Ortiz the following resolution was proposed and ADOPTED unanimously 6-0 SPECIAL PERMIT RENEWAL — HIGH TECH CAR WASH, LLC WHEREAS, High tech Car Wash("Applicant") submitted an application for Special Permit Renewal on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 236.1; and WHEREAS, this Planning Board (the "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 September 11, 2007 WHEREAS, the Planning Board having considered the application for Special Permit Renewal, the plans, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and the Director of Building, and having heard interested members of the public. 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 with the Special 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 Permit. 3. The proposed Special 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 violations 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 GRANT the application of High Tech Wash for a Special Permit for a car wash subject to the following terms and conditions: 1. There shall be no signage placed on the existing rear canopy. 2. No gasoline shall be sold at the site. 3. The triangular planting in the rear of the premises (adjoining the residential site to the West) shall be consistent with the planting and landscaping as shown and approved by the Board of Architectural Review on April 17, 1997 4. Maximum hours of operation shall be from 7:00 a.m. to 8:00 p.m. Monday through Saturday and 8:00 a.m. to 6:00 p.m. on Sunday. 5. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 6. All lights, except for security lighting, shall be turned off at the close of business. 7. All lights for the driveway shall be directed toward the building. 8. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 9. This Special Permit Renewal approval is subject to additional conditions imposed by the Zoning Board of Appeals including limitation of canopy height to twenty feet (20'), on the "menu" sign at the rear of the property and a requirement that the exposed source of illumination for the front canopy shall be directed to the ground only and be recessed behind the side and front of the canopy. 10. This Special Use Permit shall expire after two (2) years. 11. This Special Permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Zoning Code of the Town of Mamaroneck. If anyone wishes to review the audio tape of the meeting of September 11, 2007, it will be available at the Building Department, after the certification is signed by the chairman and filed with the Town Clerk. ELMCROFT ESTATES REALTY Continued Public Hearing.. Fred Koelsh applicant's attorney appeared and addressed the Board. Mr. Koelsh stated that the 9 easements shown on the plat matched the easement requirements. The Board discussed the application and acknowledged that the Chairman may not sign the plat until the Town Attorney approves the easements in accordance with the Preliminary Subdivision Approval. The Board stated that they could vote on the matter, subject to the applicant obtaining the above mentioned approval of the Town Attorney as to the easements, and not require the applicant to attend another meeting. The Board discussed this application, and its findings revealed that there were little or no adverse impacts on the neighborhood or community. After review on motion of C. Alan Mason, seconded by John Ortiz the following resolution was Adopted, Unanimously 6-0. On motion of C. Alan Mason, seconded by John Ortiz the Board voted to authorize the Chairman to sign the Final Plat between meetings of the Planning Board upon receipt confirmation of the Town Attorney's approval of the easements in accordance with the Preliminary Subdivision Approval. unanimously 6-0. ELMCROFT ESTATES- FINAL SUBDIVISION/SITE PLAN APPROVAL WHEREAS, Comstock Development (the "Applicant"), by its agent Site Design Consultants has submitted a final subdivision plat in proper form and complying with all requirements of the Town, other municipal agencies, and with the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, the Planning Board held a Public Hearing on the Final Subdivision/Site Plan Approval on August 8, 2007 and September 11, 2007; and WHEREAS, the Preliminary Subdivision/ Site Plan Approval granted on March 8, 2006 has not been revoked; and WHEREAS, the Planning Board has reviewed the Environmental Assessment Form submitted by the Applicant, and, in accordance with the criteria contained in 6 N.Y.C.R.R. § 617.7(c), identified the relevant area of environmental concerns, determined that the proposed subdivision will have no significant environmental effect, and set forth its determination of significance and the basis therefore in a negative declaration, adopted on March 8, 2006, and attached to the Planning Board Resolution granting Preliminary Subdivision/Site Plan approval; NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is hereby granted to Comstock Development to develop the subdivision to be known as Elmcroft Estates, on property now known as Section 3, Block 345, Lot 1 on the Town of Mamaroneck Tax Map, pursuant to the Subdivision Plat submitted to the Planning Board entitled "Subdivision Map of Elmcroft Estates, Located in the Town of Mamaroneck, Westchester County, New York", dated April 7, 2006, last revised June 8, 2007, and plans submitted to the Planning Board entitled "Subdivision Plan prepared for Elmcroft Estates" on Sheets C-101 through C-106, C-201, C-301, C-302 and C-501 through C-504, dated January 21, 2005 and last revised September 11, 2007, and subject to all terms and conditions set forth in the Preliminary Subdivision/Site Plan Approval and below: I. General Requirements 1. All curbs, pavement, suitable monuments, water mains, storm drains, sanitary sewer facilities, landscaping and street trees shall be installed or planted in accordance with the latest standards and specifications of the Town of Mamaroneck in force at the time work is started in accordance with the approval plan, particularly the Subdivision Plan prepared for Elmcroft Estates dated January 21, 2005, last revised September 11, 2007. 2. The issuance of the Certificates of Occupancy for each residence shall be contingent upon the Applicant's compliance to the satisfaction of the Director of Building with the terms and conditions contained in the Preliminary Subdivision/Site Plan Approval and herein. II. Special Requirements A. Water Retention, Sanitary Sewerage, Drainage, and Easements 1. The Applicant must comply within the Town Surface Water, Erosion and Sediment Control Law so that the rate of runoff from the property is not increased after construction. Detailed design shall be consistent with the preliminary stormwater detention system shown on the Subdivision Plan for Elmcroft Estates dated February, 2005, last revised September 11, 2007 and the Stormwater Management Report dated January 21, 2005, last revised December 2, 2005, and the Stormwater Management Plan dated January 2006, prepared by Site Design Consultants. 2. Upon completion of all sanitary sewerage and storm drain facilities, the Applicant shall arrange for all such facilities to be flushed and cleaned. 3. The Applicant shall record in the Office of the Clerk of Westchester County, Division of Land Records, the following easements (and accompanying metes and bounds descriptions) in form acceptable to the Town Attorney. The Applicant shall present to the Building Inspector within thirty days of filing the Subdivision Plat in the Westchester County Clerk's Office certified copies of the nine easements, fully executed and recorded in the Office of the Clerk of the Westchester County, Division of Land Records, that are shown on the Subdivision Plat entitled Subdivision Map of Elmcroft Estates, Located in the Town of Mamaroneck, Westchester County, New York, dated April 7, 2006, last revised June 8, 2007, and that are listed below: Declaration of 15 Foot Wide Utility Easement No. 1 (Portion Within Lot 3); Declaration of 15 Foot Wide Utility Easement No. 2 (Portion Within Lot 4); Declaration of 15 Foot Wide Utility Easement No. 3 (Portion Within Winged Foot Property); Declaration of 15 Foot Wide Utility Easement No. 4 (Through Lot 4); Declaration of Landscape Easement No. 5 at Center of Cul-De-Sac in Championship Drive; Declaration of 15 Foot Wide Drainage Easement No. 6; Declaration of 15 Foot Wide Drainage Easement No. 7 Through Property of Lots 9 and 10 as Shown on "Map of Winged Foot Knolls Section Two" (Kaye Property); Declaration of 15 Foot Wide Sewer Easement No. 8 (For Benefit of Kaye), and Declaration of Drainage Easement No. 9 (Stormwater Treatment Area) B. Erosion and Sedimentation Control During Construction 1. Erosion and sedimentation control shall be in accordance with the Town Surface Water, Erosion and Sediment Control Law. 2. Erosion and sediment control plans shall be approved by the Town Consulting Engineer prior to commencement of construction. A Sediment and Erosion Control Plan shall be submitted which shall include a construction timetable and inspection schedule. C. Rock Removal 1. All rock removal required in conjunction with the construction of the roadway, utilities, and residence shall be by means approved by the Director of Buildings prior to the commencement of any rock removal. 2. All rock removal, including any blasting, shall be done in accordance with the Code of the Town of Mamaroneck and the most stringent, currently accepted engineering standards. 3. No rock removal, including any blasting, shall be conducted without first obtaining any required permit from the Town Building Department. 4. To the fullest extent permitted by law, the Applicant shall hold harmless and indemnify the Town, its officials, elected or appointed, employees, agents and the Consulting Engineer from and against all claims, losses, damages and expenses, direct, indirect, consequential or otherwise (including but not limited to fees and charges of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the blasting performed by the Applicant, its employees, contractors or agents. D. Trees 1. Compliance with the Tree Preservation Law of the Town of Mamaroneck is required before a Building Permit shall be issued. 2. All plantings shall be in accordance with the Tree Preservation Law of the Town of Mamaroneck, and planting plans depicted on Sheet C-201, Landscape Plan, contained in the Subdivision Plan prepared for Elmcroft Estates dated January 21, 2005, last revised May 24, 2007 and prepared by Frank Giuliano —Landscape Architect. E. Performance Bonds/Letters of Credit The Applicant shall post with the Town a performance bond, in form acceptable to the Town Attorney, in an amount equal to 100% of the cost of all required infrastructure, including but not limited to, roads, curbs, utilities, and street lighting. From the date of dedication of any portion of Weslyan Avenue and the new common access road and the utilities shown on the approved plans, the Applicant shall maintain with the Town a bond equal to 50% of the cost of construction of all required infrastructure, including but not limited to, roads, curbs, utilities, and street lighting, for a period of twelve months. F. Utility Connections All house water and sewer connections shall be installed to the property lines of Lots 1-5 prior to the placement of the road base course for Championship Drive. G. Improvements to and Dedication of Wesleyan Avenue 1. The right-of-way of Wesleyan Avenue from Old White Plains Road up to the property line of Winged Foot Golf Club shall be offered for dedication to the Town. All subsurface infrastructures therein shall be improved according to Town standards and specifications. Approximately 170 feet of Wesleyan Avenue running from Old White Plains Road shall be improved according to Town standards and specifications. The remainder of Wesleyan Avenue shall be resurfaced up to the property line of Winged Foot Golf Club. 2. All pavement, including portions of driveways within the right-of-way of the new common access road (to be known as Championship Drive) running from Wesleyan Avenue to and around the landscaped island depicted on Sheet C-101, shall be constructed according to Town specifications. 3. The subdivision plat and recorded instruments shall state, in language approved by the Director of Building, that the eastern boundaries of Lots 4 and 5 shall be maintained, in perpetuity, as a natural buffer in accordance with Sheet C-201, Landscape Plan, and last revised May 24, 2007. H. Responsibilities of Homeowners'Association and Individual Homeowners 1. A homeowners' association ("HOA") shall be established to maintain all stormwater and drainage infrastructure shown on Sheet C-103, (dated January 21, 2005, last revised September 11, 2007), including but not limited to, the stormwater basin, its associated outlet structures, discharge pipes, and manholes, as well as the landscaped island. The HOA shall be obligated, in the first instance, to maintain and repair all drainage structures. If the HOA fails to repair and/or maintain such structures to the satisfaction of the Town, the Town shall have the right to hold individual lot owners jointly and severally responsible and, if necessary, conduct such repair and/or maintenance itself, in which case the Town shall be reimbursed for any reasonable expenses related to such work by the HOA or jointly and severally by individual lot owners, as appropriate. 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, 2, 3, 4 and 5 to maintain in perpetuity the drainage infrastructure as described in the Stormwater Management Report, dated February, 2005, last revised December 2, 2005, and the January 2006 Stormwater Management Plan. I. Required Documents and Inspections 1. The Applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the Office of the Town Consulting Engineer. 2. The Applicant shall submit to the Town one Mylar reproducible set showing the "as built" conditions for utility and sewer connections prior to the granting of Certificates of Occupancy for the residences to be constructed in this Subdivision. ADJOURNMENT On motion of Ellen Dunkin, seconded by C. Alan Mason the meeting was adjourned. Francine M. Brill Planning Board Secretary