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HomeMy WebLinkAbout2016_09_14 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK, SEPTEMBER 14, 2016 HELD IN CONFERENCE ROOMC, OF THE TOWN CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK ROLL CALL Present: Ralph Engel, Chairman, Ellen Dunkin, Edmund Papazian, George Roniger, Ira Block Also Present: David Goessl, Town Engineer, Lisa Hochman, Counsel to Planning Board, Anthony Oliveri, Consulting Engineer CALL TO ORDER The meeting was called to order at 7:30 P.M. Mr. Engel the Chairman stated that there are only five members present, and an applicant would require at least a vote of 4 in favor to be approved. He further stated that applicants may request non-binding straw poll or request a postponement. 1. MINUTES: The minutes of July 13, 2016 were discussed. Motion: To approve the minutes of July 13, 2016 Action: Approved Moved by Ira Block, seconded by Ellen Dunkin Vote: Motion carried by vote (summary 5-0) Yes: Ralph Engel, Chairman, Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block 2. 1262 Boston Post Road - Trader Joe's — Special Use Permit Renewal - Public Hearing Donald S. Mazin, the applicant's attorney, addressed the Board stating that Trader Joe's has been in the shopping center since 1997 and would like to renew their Special Use Permit with the removal of condition# 3. Mr. Block stated that from the property owner's authorization is not notarized. Motion: To open the public hearing Action: Approved J. Moved by Ellen Dunkin seconded by George Roniger Mr. Engel and Ms. Hochman agreed that the Board could condition approval on getting a notarized statement. Mr. Goessl stated that there had been a couple of open violations but they have all been resolved and there are no outstanding violations.. Mr. Papazian stated his concerns regarding safety issues in the parking lot. Darryl Headly, the Assistant Manager of Trader Joe's, stated that employees from the store periodically go into the lot to assist during high traffic times. It was noted that in addition to cars for other businesses in the shopping center, there are cars belonging to residents of the nearby apartment building occupying parking spaces designated for the commercial uses. Signage was discussed. Mr. Mazin, the applicant's attorney, stated that they will continue to work with the landlord to correct the parking problem. Public Comments: There were no public questions or comments. Motion: To close the public hearing Action: Approved Moved by Ellen Dunkin, seconded by George Roniger Motion: To approve the Special Use Permit renewal with conditions that within 60 days the permit will lapse if a notarized letter from the landlord is not submitted to the Planning Board Secretary. Action: Approved Moved by Ellen Dunkin, seconded by George Roniger Vote: Ralph Engel, Chairman, Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block SPECIAL USE PERMIT RENEWAL—TRADER JOE'S On motion of Ellen Dunkin seconded by George Roniger the Special Use Permit Renewal application of Trader Joe's East (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 5-0. WHEREAS, the Applicant submitted an application for renewal of a Special Use Permit for use of the premises as a store for the sale of goods at retail (the "Application") at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 (the "Property"); and 2 WHEREAS, a duly noticed public hearing was held on September 14, 2016; and WHEREAS, the Planning Board has considered the Application, 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 of Chapter 240 of the Code of the Town of Mamaroneck(the "Town Code") on the Property; and WHEREAS, the Application is Type II pursuant the Town Code and thus no further environmental review is required pursuant to the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act. 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 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, 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. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the Applicant for Special Use Permit for expansion of a grocery store subject to the following terms and conditions: 1. The hours of operation shall be from 8:00 a.m. to 10:00 p.m. seven (7) days a week. 2. 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. 3. No trucks operated by, for or under the control of the Applicant shall enter or leave the premises at 1262 Boston Post Road by way of Larchmont Acres parking lot or Burton Road. 3 4. This Special Use Permit shall expire after two (2) years. 5. This Special Use Permit is subject to the requirements set forth in Chapter 240 , Article IX and the use restrictions set forth in Section 240-30 of the Code of the Town of Mamaroneck. 6. Applicant shall submit a notarized owner authorization of this application on or before November 14, 2016. This decision shall be filed with the Town Clerk. 3. 1262 Boston Post Road -Village Square Bagels Inc. - Special Use Permit Renewal— Public Hearing Donald S. Mazin, the applicant's attorney, addressed the Board stating they have been in the shopping center since 1991 and are asking for a two-year renewal. The same need for notarized letter and parking problem applies to this application. Motion: To open the public hearing Action: Approved Moved by Ira Block seconded by George Roniger Mr. Goessl stated there are no outstanding violations and no complaints. The hours of operation were discussed. Public Comments: There were no public questions or comments. Motion: To close the public hearing Action: Approved Moved by Ira Block, seconded by Edmund Papazian Motion: To approve the Special Use Permit renewal with conditions that within 60 days the permit will lapse if a notarized letter from the landlord is not submitted to the Planning Board Secretary. Action: Approved Moved by Edmund Papazian, seconded by Ira Block Vote: Ralph Engel, Chairman, Edmund papazian, Ellen Dunkin, George Roniger, Ira Block SPECIAL USE PERMIT RENEWAL—VILLAGE SQUARE BAGELS 4 WHEREAS, Village Square Bagels submitted an application for a Special Use Permit Renewal for use of the premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 as a restaurant for the sale, services and consumption of food; and WHEREAS, a Public Hearing was held on September 14, 2016 pursuant to notice; and WHEREAS, Planning Board has considered the application for renewal of 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 a Type II action having no significant impact on the environmental pursuant to 6NYCRR§ 617 et seq. and, accordingly, no further action under SEQRA is required. 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. 2. The operations in connection with the Special Use Permit Renewal 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 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 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 Village Square Bagels. for the renewal of a Special Use Permit Renewal for a restaurant for the sale, service and consumption of food subject to the following terms and conditions: 1. The hours of operation shall be from 6:00 a.m. to 9:00 p.m. seven (7) days a week. 5 2. Seating capacity will be limited to nineteen(19) seats 3. Village Square shall continue to utilize the filtering device currently in place to reduce, to the extent practicable, the discharge of seeds and other by-products of its operations into the Town's sewer lines. 4. Village Square Bagels shall cooperate with the Director of Building in making any modifications to such filtering device as may be appropriate from time to time and to the extent practicable to maintain and/or improve its effectiveness or, if appropriate in the sole judgment of the Director of Building, to remove such device subject to applicable Federal, State and local regulations. 5. This Special Use Permit shall expire after two (2) years. 6. 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. Applicant shall submit a notarized owner authorization of this application on or before November 14, 2016. This decision shall be filed with the Town Clerk. 4. 12 Stonewall Lane - Nicole and Jordan Dubbs—Residential Site Plan Review - Consideration Ed Parker and Joel Luberice, the architect and representative from Hudson Engineering, appeared to address the Board Mr. Parker explained that the property is in both the Town and Scarsdale and that the Town will oversee the construction of the house and the Village of Scarsdale will issue permits for the pool and pool house. The existing house is to be removed and replaced. Storm water calculations are for both municipalities. Mr. Goessl stated that consistent with established practices, everything regarding the primary residence will be in the purview of the Town. Mr.Oliveri stated that the entire site is considered to calculate zoning and storm water calculations. Utilities will come through the Town, the sewer is a forced main and the electric will be underground. Mr. Roniger stated that he believed work was being done on the property and Mr. Dubbs, the owner, stated that they were digging around the house to find and cap the sewer line. Mr. Oliveri stated that he did a preliminary review of the plan and has technical comments for the applicant that will be addressed before the next meeting. Mr. Goessl stated that Ms. Paul wants tree protection shown on the plan and he requires that sewer and water capping must be shown on the plan. He further stated that once he receives the revised plan there will be another peer review. 6 Square footage of the proposed house was discussed. Mr. Roniger asked how it compares to homes in the surrounding area, as it appears to be twice the size of the neighboring homes. Mr. Parker responded that the house meets all zoning requirements and is on a two-acre lot. Mr. Engel suggested that the Board members make a site visit. Mr. Block asked if there were any conversations with the adjoining neighbors and Mr. Dubbs responded that they have no objection. The Board asked for a rendering of the house and neighboring houses. Mr. Oliveri stated that the side yards are 3 times the minimum required for zoning. Mr. Dubbs stated that he changed the design from a colonial to fit better in the neighborhood and noted that if the lot were subdivided there would be 2 large houses. Mr. Engle stated that the Board has to do what the Town Board asked and look at massing in the context of the neighborhood. Mr. Parker stated that he will present a 3D model. Mr. Engle stated that they have to get more information to have a properly completed application. Coordination with Scarsdale was discussed. The applicant must go before the Zoning Board and Architectural Review Board in Scarsdale for approval of the pool and pool house. The architect asked for a public hearing to be scheduled for October 5`h. The Chair reserved the right not to open the public hearing unless all the requested information had been timely submitted. Motion: To set October 5, 2016 for public hearing provided all requested information has been timely submitted Action: Approved Moved by Ellen Dunkin, seconded by Edmund Papazian 5. Performance Bond for Durham Road Mr. Goessl stated that the Town Board reduced Mr. Saines' Bond. Mr. Block stated that the statute states it is not solely the Town Board's decision. Ms. Hochman stated that the Planning Board has an opportunity to discuss and approve or modify the Town Board's decision. 7 Ms. Dunkin stated that the Planning Board has never set the amount of a bond and bond amounts have always been set by the Building Department and Engineer. The Board discussed the requested reduction and the posting of a maintenance bond for drainage and infrastructure. Mr. Saines responded that it would not be a problem to post the maintenance bond but requested that the reduction and the posting be done simultaneously. Motion; To approve the Town Board's reduction of the performance bond, simultaneously with the posting of the maintenance bond. Action: Approved Moved by Ellen Dunkin, seconded by George Roniger Vote: Ralph Engel, Chairman, Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block NEW BUSINESS Stephen Marsh stated he has resigned from the Board. Ellen Dunkin stated she has also resigned. Mr. Engel thanked both of them stating they were valuable members of the Board. ADJOURNMENT Motion: To close the meeting at 9:15PM Action: Approved Moved by Edmund Papazian, seconded by George Roniger Vote: Ralph Engel, Chairman, Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block Minutes prepared by Francine M. Brill, Planning Board Secretary 8