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HomeMy WebLinkAbout2008_12_10 Planning Board Minutes 04 4 Town of Mamaroneck Planning Board 9 Town of Mamaroneck Planning Board Minutes December 10, 2008 Present: Marc Rosenbaum, Chair C. Alan Mason, John A. Ortiz Ellen Dunkin George Roniger Edmund Papazian Also Present: Ron Carpaneto, Director of Building Kevin G. Ryan, Counsel Elizabeth Paul, Environmental Coordinator Nancy Seligson, Liason Anthony Oliveri, P.E Ellen Korn, Alternate 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 of November 12, 2008 were approved by motion of Dr. Mason, seconded by Mr. Ortiz, unanimously 7-0. 2. Application of Rocky Hollow 4 Rocky Hollow Road, Wetlands and Water courses Public Hearing open Joe Cermele of Site Design Consultants appeared and addressed the Board. Mr. Cermele stated that they have been before the Zoning Board of Appeals and have received variances for the location of the court to be located outside the rear one-third of the property, the height of the retaining wall, and the height of the fence (10 feet). Coastal Zone Management Commission has stated that although the proposed action is inconsistent with Policy 44 of the Local Waterfront Revitalization Plan, The project, including the created wetlands, is a better alternative than what is there now. Mr. Rosenbaum stated that the Board has concerns with the use of chemicals and herbicides that are usually used to maintain courts and would like to have an outside consultant research the impact the Har-Tru court would have on the buffer and the viability of creating wetlands. Mr. Rosenbaum stated that he had requested that the Town's wetland consultant review the application and advise the Planning Board concerning the feasibility of"created" wetlands and other aspects of the application. He advised Mr. Cermele that the Planning Board would attempt to have the Town's wetland consultant attend the January Planning Board meeting. Mr. Cermele said that the applicants'wetland expert would also attend the January meeting. Mr. Roniger questioned whether the proposed definition of"created" wetlands fits the definition of wetlands in the Zoning Code. Mr. Rosenbaum suggested that the question be posed to the experts at the next meeting. Mr. Ortiz questioned the placement of the court in the buffer, Mr. Cermele stated that the entire court, existing pool, patio and part of the existing house is in the buffer. Mr. Rosenbaum noted that, at the time the original subdivision including 4 Rocky Hollow was approved, the environmental impact assessment anticipated the use of pesticides and herbicides on the lawns shown on the subdivision plan. Nonetheless, the Planning Board issued a Negative Declaration. Mr. Cermele stated that the Conservation easement was given as a way to allow the building, and maintainence of the lawn up to the wetland boundry. The Board asked Mr. Cermele to consider an alternate location of the court as well as different types of courts, e.g., clay.. Nancy Seligson gave a brief historical background of the original subdivision. Ms. Seligson stated that it was the first time the town crafted a subdivision with a conservation easement to protect the wetlands. She noted that no consideration was given to protection of the wetland buffer. There were no comments or questions from the public The matter was adjourned to the January 14, 2009 meeting. 3. Application of John Lage (Car Wash) , 2434 Boston Post Road, Special Use Permit/ Site Plan Permit Public Hearing Mr. Ryan, Counsel, stated that the hearing notice was for the Special Use Permit application but did not mention any hearing for Site Plan application. He added that the Board may waive the Site Plan hearing under Town Code section 177-12A/(2). On motion of Mr. Ortiz, seconded by Ms. Dunkin, and carried by unanimous vote, the Site Plan hearing was waived on the ground that the hearing for the Special Use Permit application will provided an adequate opportunity for the public to be heard on the substance of the application. Benedict Salinitro appeared and addressed the Board. Mr. Salintro gave a revised plan to the Board. Mr. Rosenbaum noted the Board received a letter from the Board of Architectural Review dated 12/10/08 as to their favorable opinion regarding the application, subject to certain stated conditions. Mr. Rosenbaum also noted receipt of a letter concerning the application from the Town Engineer dated 12/10/08. Mr. Rosenbaum asked if there were any comments or question from the Public. Hearing no response, he then asked the Board to review a template for the resolution. The Board discussed the application. On motion of Dr. Mason, seconded by Mr. Ortiz the Board voted 7-0 to close the Public Hearing. The Chair asked for a motion. On motion of Mr. Papazian, seconded by Mr. Ortiz the following resolution was proposed and adopted 7-0. CERTIFICATION As Secretary of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held on December 10, 2008 SPECIAL USE PERMIT WHEREAS, John Lage(the "Applicant")submitted an application for site plan approval and a special use permit for a car wash (the "Application") at 2434 Boston Post Road; Block503, Parcel 326.1 on the Assessment Map of the Town of Mamaroneck (the "Property"); and goods; WHEREAS, The Property is located in the SB-Service Business zoning district; and WHEREAS, the property is presently occupied by a car wash facility, which will be demolished prior to construction of the Applicant's proposed car wash; and WHEREAS, a duly noticed public hearing was held on the following dates: July 9, 2008, October 15, 2008 and December 10, 2008; and WHEREAS, the Applicant was referred out to the City of New Rochelle, The New York Department of Transportation, the Westchester County Planning Department, the Town of Mamaroneck Police and Fire Departments, The Traffic Commission, Coastal Zone Management Commission and The Board of Architectural Review; and WHEREAS, Coastal Zone Management Commission reviewed the Applicant and, pursuant to a letter dated November 5, 2008, found the proposal to be consistent with the policies of the LWRP because the Applicant is improving conditions at the Property by adding drywells and landscaped areas (hereinafter referred to as the ("November 5 CZMC Letter"); and WHEREAS, the Board of Architectural Review, by letter dated December 10, 2008, has determined that the design requirements and guidelines contained in Section 240-46Hof the zoning Code have been satisfied (hereinafter referred to as the ("December 10 BAR Letter"); and WHEREAS, the planning Board has considered the Application as well as comments and responses to questions by the Applicant and his representatives, the reports and comments of the Town's consulting engineer, as expressed in that certain z memo to the Planning Board from John M. Avellino of Dolph Rotfeld Engineering, P.C., dated December 10, 2008 (collectively, the "Town Engineer's Comments", and has heard interested members of the public; and WHEREAS, based on the plans submitted in connection with the Application, the Town Engineer has determined that the proposed car wash will be substantially similar to the existing car wash, although it will be updated to be more efficient and environmentally friendly due to stormwater quantity and quality improvements; and WHEREAS, the Planning Board has determined that the proposed action is a Type II action and that, therefore, no further action is required under SEQRA. NOW, THEREFORE, BE IT RESOLVED 1. The Planning Board has made the following findings of fact with respect to the Special Use Permit 1. The proposed car wash is in general harmony with the surrounding area and will not adversely impact upon adjacent properties due to the traffic generated by the car wash or the access of traffic from the car wash onto and off of adjoining streets. 2. The operations in connection with the proposed car wash will not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of lights or other aspects than would be operations of any permitted use not requiring a special permit. 3. The proposed car wash will be in harmony with the general health, safety and welfare of the surrounding area and that 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 circumstance in the area , which would require the Planning Board to deny this request. BE IT FURTHER RESOLVED, that the Planning Board Granted the Application of a Special Permit for a car wash at the Property subject to the following terms and conditions: 1. There shall be no signage placed on the rear of the site. 2. No gasoline shall be sold at the site 3. 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. 4. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 5. All lights, except for security lighting, shall be turned off at the close of business. 6. All lights, including those for the driveway, shall be directed toward the building and away from neighboring properties, particularly the residendial properties to the rear. The final plans submitted prior to issuance of any Building Permit shall shoe traffic lanes on the property for ingress and egress. 7. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 8. This Special Use Permit shall expire after two (2)years. 9. 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. CERTIFICATION As Secretary of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held on December 10, 2008 RESOLUTION SITE PLAN APPROVAL WHEREAS, John Lage (the "Applicant")submitted an application for site plan approval and a special use permit for a car wash (the "Application") at 2434 Boston Post Road; Block 503, Parcel 326.1 on the Assessment Map of the Town of Mamaroneck (the "Property"); WHEREAS, the Property is located in the SB-Service Business zoning district; and WHEREAS, the Property is currently occupied by a car wash facility, which will be demolished prior to construction of the Applicant's proposed car wash; and WHEREAS, a duly noticed public hearing concerning the accompanying Special Use Permit was held on the following dates: July 9, 2008, October 15, 2008 and December 10, 2008; and WHEREAS, citing Town Code section 177-12.A(2), the Planning Board waived the Site Plan hearing on the grounds that the noticed hearings for the accompanying Special Use Permit application were sufficient to allow the public an opportunity to comment on the proposed facility; and WHEREAS, the Application was referred out to the City of New Rochelle, The New York State Department of Transportation, the Westchester County Planning Department, the Town of Mamaroneck Police and Fire Departments, the Traffic Commission, Coastal Zone Management Commission and The Board of Architectural Review; and WHEREAS, Coastal Zone Management Commission reviewed the Application and, pursuant to a letter dated November 5, 2008, found the proposal to be consistent with the policies of the LWRP because the Applicant is improving conditions at the Property by adding drywells and landscaped areas (hereinafter referred to as the ("November 5 CZMC Letter"); and WHEREAS, the Board of Architectural Review, by letter dated December 10, 2008, has determined that the design requirements and guidelines contained in Section 240-46H of the Zoning Code have been satisfied, subject to certain conditions stated in their letter (hereinafter referred to as the ("December 10 BAR Letter"); and WHEREAS, the Planning Board has considered the Application as well as comments and responses to questions by the Applicant and his representatives, the reports and comments of the Town's consulting engineer, as expressed in that certain memo to the Planning Board from John M.Avellino of Dolph Roffeld Engineering, P.C., dated November 12, 2008 and a subsequent letter by Anthony Oliveri of Dolph Roffeld, dated December 10, 2008 (collectively, the "Town Engineer's Comments"), and has heard interested members of the public; and WHEREAS, based on the plans submitted in connection with the Application, the Town Engineer has determined that the proposed car wash will be substantially similar to the existing car wash, although it will be updated to be more efficient and environmentally friendly due to stormwater quantity and quality improvements; and WHEREAS the Planning Board has determined that the proposed action is a Type II action and that, therefore, no further action is required under SEQRA. NOW, THEREFORE, BE IT RESOLVED that the Planning Board approves this Site Plan application for a car wash facility at the Property subject to the following plans: (i) Drawing number A-1, Plot plan, zoning and building data, prepared by Michael Rino Architects and Planners, dated June 6, 2008 and (ii) Drawing number S-1, Plans, details and notes, prepared by Benedict A, Salanitro, P.E., consulting engineer, dated July 8, 2008, as revised to reflect the Town Engineer's Comments. BE IT FURTHER RESOLVED, that the Planning Board approves this Site Plan application for a car wash facility at the Property subject to the following terms and conditions: 1. Buildings shall be situated on the site in a manner that minimizes the visual impact, in terms of scale and height on adjacent residential properties. 2. Landscaping and/or fencing shall be provided along the property lines of adjacent residential properties and along streets giving access to residential neighborhoods so as to provide the most effective visual screening. The specific materials to be used shall be reviewed to determine the effect of such screening at all times of year. 3. Appropriate conditions and measures shall be provided for minimizing the discharge of oil, grease and other pollutants to the public storm drainage system, waterways and wetlands. SPECIAL REQUIREMENTS 1. The Applicant will inspect and maintain the onsite stormwater management system annually and submit a copy of an annual maintenance report to the Town building department, pursuant to the November 5 CZMC Letter. 2. The Applicant will comply with the conditions set forth in the Town Engineer's Comments pursuant to the letter by Anthony Oliveri, P.E., and dated December 10, 2008. 3. The Applicant will comply with the conditions set forth in the December 10 BAR Letter. Application of 5 Guys Burgers 1262 Boston Post Road By a letter dated December 2, 2008 from Paul Noto, this application was withdrawn on behalf of the applicant. Application of Winged foot Golf Club, Inc. between 183 and 195 Griffen Avenue Lori Lee Dickson, Esq., of McCullough, Goldberger and Staudt, LLP, appeared on behalf of the applicant and addressed the Board. The Chairman noted that the Board had not yet received an answer from the Westchester County Department of Health in answer to the Lead agency Designation letter. Coastal Zone Management Commission letter dated November 5, 2008 was entered into the record, and a letter dated November 19, 2008 from McCullough, Goldberger and Staudt, LLP answering Dolph Rotfeld was entered into the record. The Board discussed the application. There were no questions or comments from the public The matter was adjourned to January 14, 2009. 1. APPLICATION of Robert Sickles 43 Bonnie Briar Wetlands and Watercourses No one was present and the Board adjourned the matter to January 14, 2009 Adjournment The hearing was adjourned at 9;00 P.M. Francine M. Brill Planning Board Secretary