HomeMy WebLinkAbout2008_05_14 Planning Board Minutes Town of Mamaroneck
� Planning Board
• MIMED 1Gti7 •
Town of Mamaroneck Planning Board Minutes
May 14, 2008
Present: Marc Rosenbaum, Chair
C. Alan Mason,
John A. Ortiz
Ellen Dunkin
Virginia Picciotto
George Roniger
Edmund Papazian
Absent: Nancy Seligson, Liaison
Also Present: Ron Carpaneto, Director of Building
Kevin G. Ryan, Counsel
Ellen Korn, Alternate member
Anthony Oliveri, P.E
Melissa Shelton, Public Stenographer
Carbone &Associates, LTD.
111 N. Central Park Avenue
Hartsdale, New York 10530
Francine Brill, Recording Secretary
1. Minutes
On motion of Mr. Ortiz, seconded by Dr. Mason the minutes of 4/9/08 were
approved unanimously.
On motion of Mr. Ortiz, seconded by Dr. Mason the minutes of 3/12/08 were
approved unanimously.
2. Application of Robert Stavis, 211 Hommocks Road, for Wetlands and Water
Courses Permit.
PUBLIC HEARING
On Motion of Mr. Papazian, seconded by Ms. Picciotto the Planning Board voted to open
a Public Hearing in the matter of the application of Robert Stavis, 211 Hommocks Road
to rehabilitate and replace an existing dock.
Daniel Natchez of Daniel Natchez and Associates, 916 East Boston Post Road,
Mamaroneck appeared and addressed the Board.
The Chair read the letter from Dolph Rotfeld Engineering, PC, dated May 8, 2008 into
the record.
The Board discussed this application. The Director of Building stated that there was no
need for a Bond, but that a condition can be put in the resolution that if there is any
disturbance to the upland an erosion Bond would be required.
Mr. Ryan stated that the permit should include the conditions set forth in Town Code
Sections 114.7F2 and 114-1.
On motion of Dr. Mason, seconded by Ms. Picciotto the Board voted to close the Public
Hearing
The Chair asked for a motion.
On Motion of Mr. Ortiz, seconded by Ms. Dunkin the following resolution was proposed
and Adopted 7-0.
CERTIFICATION
As Chairman 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 May 14, 2008
WETLANDS AND WATERCOURSES PERMIT FOR 211 HOMMOCKS
ROAD DOCK
WHEREAS, Robert Stavis ("Applicant") has applied for a Wetlands and
Watercourses Permit pursuant to The Wetlands and Watercourses Protection Law
of the Town of Mamaroneck(Local Law 6-2003) Town of Mamaroneck Code,
Chapter 114 (the "Wetlands Law") for the premises located at 211 Hommocks
Road and known on the Tax Assessment Map of the Town of Mamaroneck as
Block 417, Lot 77;
WHEREAS, the Planning Board (the "Board") has previously determined
that the proposed action (replacement of an existing structure in kind on the same
site) is a Type II action under the State Environmental Quality Review Act
("SEQRA") and the Town of Mamaroneck Environmental Quality Review Law
"MEQRL"), and, accordingly, that no further review is required under either;
WHEREAS, the Planning Board conducted a Public Hearing pursuant to
Wetlands Law §114-7(C) on April 9, 2008 and May 14, 2008;
WHEREAS, in accordance with Wetlands Law §114-7(D), and as set
forth in the report by the Town's Consulting Engineer, which is attached hereto
and made part hereof, the Board has considered:
1. any reports from other commissions, including the Coastal
Zone Management Commission, and Town, County, State
and/or Federal agencies;
2. all relevant facts and circumstances, including but not
limited to:
a. the environmental impact of the proposed
action;
b. the alternatives to the proposed action; and
c. the impact of the proposed activity on wetland
functions and the benefits as set forth in Wetlands
Law §114-1;
3. the availability of preferable alternative locations on the
subject parcel;
4. the availability of further technical improvements or
safeguards that could feasibly be added to the proposal;
5. the possibility of avoiding reduction of the wetland's or
watercourse's natural capacity to support desirable
biological life, prevent flooding, control sedimentation
and/or prevent erosion, facilitate drainage, and provide
recreation and open space; and
6. the extent to which the public or private benefit derived
from such use may or may not outweigh or justify the
possible degradation of the wetland and watercourses, the
interference with the exercise of other property rights, and
the impairment or endangerment of public health, safety, or
welfare;
NOW THEREFORE, BE IT RESOLVED, that the Planning Board finds,
pursuant to Wetlands Law §114-7(E), based on the record before it, that the applicant's
proposed regulated activity is consistent with the purposes of the Wetlands Law, as set
forth in §114-1(A):
1. to preserve, protect and conserve the Town's tidal wetlands
and watercourses; to prevent despoliation and destruction;
to regulate their use and development; and to secure the
natural benefits of wetlands and watercourses that is
consistent with the general welfare and beneficial economic
and social development of the town; and
2. to ensure maximum protection for wetlands and
watercourses by discouraging degradation within their
buffers that may adversely affect these natural resources;
and to encourage restoration of already degraded or
destroyed wetlands, watercourse and buffers, and to ensure
"no net loss" of wetlands and watercourses areas.
BE IT FURTHER RESOLVED, that the application of Applicant for a
Wetlands and Watercourses Permit is hereby GRANTED subject to the following terms
and conditions:
1. This permit authorizes the work shown on the drawing
identified as A-01, A-02, A-03, A-04, A-05, A-06 dated
12/14/08 and no other.
2. Bond will be required if upland is to be disturbed.
3. At least five days prior to the commencement of the work
authorized hereby, the permit holder shall notify the
Building Department of the date on which the work is to
begin.
4. Work conducted pursuant to this approval shall be open to
inspection at any time, including weekends and holidays by
the planning Board or its designated representatives.
5. Work pursuant to this permit shall take place from Monday
through Friday between the hours of 8:00 a.m. and 6:00p.m.
6. Within 30 days of completion of all work authorized hereby,
the Applicant shall notify the Director of Building of such
completion. Upon such notification, the Building
Department shall follow the procedures set forth in Town
Code §114-9.
7. This permit shall be prominently displayed at the project site
during the undertaking of the activities authorized hereby
8. Final Restoration of the Wetlands must be reviewed,
approved and inspected by the Town Environmental
Coordinator.
9. This permit shall expire one year from the date of its
issuance.
3. Application Trader Joe's East Inc., 1262 Boston Post Road, for
Special Use Permit
Donald S. Mazin, Esq., 1415 Boston Post Road, Larchmont appeared and addressed the
Board. Mr. Mason stated that the Applicant is requesting to renew its Special Use permit
to operate a grocery store.
The Director of Building stated that there has been an issue with the garbage dumpster
and that a condition to maintain it should be added to the certification. On behalf of his
client, Mr. Mazin agreed with the condition.
The Board discussed the hours of operation and the use of Burton Road by trucks. The
Board added the condition that no trucks operated by or under the control of the applicant
shall use Burton Road for any purpose.
On motion of Dr. Mason, seconded by Ms. Picciotto the Board voted to close the Public
Hearing.
The chair asked for a motion
On motion of Mr. Papazian, seconded by Ms. Picciotto the following resolution was
proposed and Adopted with conditions 7-0.
CERTIFICATION
As Chairperson 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 May 14,2008.
SPECIAL USE PERMIT RENEWAL - TRADER JOE'S EAST, INC.
WHEREAS, Trader Joe's East, Inc. 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 to operate a store for
the sale of goods at retail;
WHEREAS, a Public Hearing having been held on May 14, 2008 pursuant to
notice;
WHEREAS, the Proposed Action (renewal of a permit without material change of
conditions or scope of the permitted activity) is a Type II action pursuant to the State
Environmental Quality Review Act ("SEQRA") and the Town of Mamaroneck
Environmental Quality Review Law ("MEQRL") and therefore requires no further review
under either;
WHEREAS, the Planning Board previously granted Site Plan approval; and
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;
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 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
Trader Joe's East, Inc. for a Special Use Permit Renewal for a high quality grocery store
subject to the following terms and conditions:
1. The hours of operation will be 8:00 a.m. to 10:00 p.m. daily.
2. Permit shall expire after two (2) years.
3. 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.
4. 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 Burton Road.
5. 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.
4. Application of Mantu and Lopa Gupta, 4 Rocky Hollow Drive, Wetlands
and Watercoures Permit
Joseph Riina, of Site Design Consultants, appeared and addressed the Board on behalf of
Mr. and Mrs. Gupta, the Applicants. Mr. Riina stated that the Applicants want to put a
tennis court in the middle two thirds of their property over a sewer easement and
encroaching into the wetlands. Mr. Riina stated that the county holds one sewer
easement and has no objection to the installation of the tennis court, subject to certain
conditions. Other easements are shown on the site survey. The Applicants are trying to
find out who holds the other easements. Mr. Riina also stated that tennis court will have
a Har-tru surface over sand and gravel fill. According to Mr. Riina, the fill would
function as a storm water filter, thereby improving the quality of water discharging to the
wetlands over current conditions. The tennis court will be surrounded by a 10 foot chain
link fence measured from the court's finished surface.
Mr. Riina stated that the applicant plans to create Wetlands on each end of the tennis
court to offset the planned encroachment into the wetlands area. Ms. Paul, the
Mamaroneck Town environmental coordinator, stated that this would be the first creation
of artificial wetlands in the Town. Mr. Ryan stated that the code requires that there be no
net loss of wetlands. Mr. Oliveri, the Mamaroneck Town consulting engineer, stated that
the applicant must replace lost wetlands at a ratio of 2 to 1.
The Planning Board requested the following further information: details concerning each
easement on the property; more information concerning the erosion potential of Har-tru;
more information concerning the proposed artificial wetlands.
The Planning Board set a date of June 11, 2008 for a public hearing concerning this
application.
ADJOURNMENT
On motion duly made the meeting was adjourned.
If anyone wishes to review the audio tape of the meeting of(include date), it will
be available at the Building department, after the certification is signed by the
chairman and filed with the Town Clerk.
A building permit is required before any work can begin on the aforesaid
applications.
Francine M. Brill
Planning Board Secretary