HomeMy WebLinkAbout2014_10_08 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
OCTOBER 8, 2014
HELD IN CONFERENCE ROOM C,
740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK
Roll Call.
Present: John Ortiz, Edmund Papazian, George Roniger, Stephen Marsh, Ira Block, Elizabeth
Cooney, Ralph M. Engel, alternate,
Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel, Elizabeth Paul,
Environmental Consultant, James Natarelli, Consulting Engineer
Absent/Excused: Ellen Dunkin, Kevin G. Ryan, Counsel, Anthony Oliveri P.E., Consulting
Engineer, Jaine Elkind-Eney.
CALL TO ORDER
The meeting was called to order at 8:01P.M.
MINUTES
Motion: To approve the Minutes of October 8, 2014 with technical corrections
Action: Approved
Moved by Ralph M. Engel, alternate, Seconded by Ira Block.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block, John Ortiz, Ralph M.
Engel, alternate, Stephen Marsh.
2. PETCO — 1265-1275 Boston Post - Public Hearing - Special Use Permit Renewal
Joseph DiSalvo, of Nobile, Margarian & DiSalvo, the applicants attorney, addressed the board
stating he went before the Traffic Committee and conclusion of the committee is that it is not
necessary for there to be a "No Left" turn sign coming out of the property. He entered the
Traffic committee's findings into the record marked Exhibit I. Mr. DiSalvo further stated that he
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believes PETCO has met all the concerns of the Planning Board and requested that a full two-
year extension be approved and the condition for a"No Left" turn sign be stricken from the
resolution.
Motion: Close Public Hearing
Action: Approved
Moved by Elizabeth Cooney, Seconded by Ira Block.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block, John Ortiz, Ralph M.
Engel, alternate, Stephen Marsh.
Motion: To approve the Special Use Permit for two years from today with the condition "No left
Turn" to be removed.
Action: Approved
Moved by Edmund Papazian, Seconded by Ralph M. Engel, alternate.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block, John Ortiz, Ralph M.
Engel, alternate, Stephen Marsh.
SPECIAL USE PERMIT RENEWAL
PETCO - 1275 Boston Post Road
WHEREAS, PETCO Animal Supplies, Inc. ("PETCO" or the "Applicant"), submitted an
application for a Special Use Permit Renewal 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
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, on July 9, 2014 the application was referred to the Town of Mamaroneck
Traffic Committee for a determination regarding the necessity of continuing the restriction
against left turns that was imposed as a condition to the original special permit granted in 2010;
and
WHEREAS, the Traffic Committee reported that it is not necessary for a "No Left Turn"
sign coming out of the property; and
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WHEREAS, on the basis of the Traffic Committee recommendation, there was
consensus expressed among members of the Planning Board that the restriction against left turns
is not necessary; and
WHEREAS, a Public Hearing was held on July 9, 2014 and October 8, 2014 pursuant to
notice required by Chapter 144 of the Town Code; 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
and
WHEREAS, the 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 provided an opportunity for comment by 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 harmony with the
surrounding area and does 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 adjoining
streets.
2. The operations in connection with the Renewal of 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 Renewal of the 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 Renewal of the Special Use Permit for pet grooming, pet training and limited
veterinarian services, subject to the following terms and conditions:
1. Veterinary services will be permitted but no surgeries will be performed on site.
2. There will be no boarding of animals on site.
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3. 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.
4. The delivery schedule shall be limited as follows; Monday through Friday 8:00
a.m. —6:00 p.m. and Saturday 9:00 a.m.- 6:00 p.m.
5. Deliveries shall be permitted to the front door only.
6. The Hours of operation shall be limited as follows: 9a.m. —9p.m. Monday
through Saturday; 10a.m—7p.m Sunday.
7. The fence enclosing the existing air conditioning unit shall remain self-closing
and self-latching to ensure proper closure, to the reasonable satisfaction of the
Director of Building.
8. Sound baffling and screening wall shall remain behind the proposed air
conditioning unit to the reasonable satisfaction of the Director of Building.
9. The noise of the proposed air conditioning unit shall be no greater than the current
unit at 82 decibels.
10. This Special Use Permit Renewal shall expire after two (2) years.
11. 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.
This decision shall be filed with the Town Clerk.
3. 28 Colonial Avenue—Wrobel—Consideration - Subdivision
Donald Mazin, the applicant's attorney stated that the applicant would like an adjournment as
they are still working on the site plan.
Mr. Ortiz stated that Mr. Oliveri requires a site plan showing a footprint of the proposed house,
storm water calculations, showing connections and the erosion control plan
Ms. Hochman suggested that he check Chapter 190 of the code.
The matter was adjourned to November 12, 2014.
Mr. Ortiz stated that he was taking applications out of order and called 446 Weaver Street no one
responded.
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4. 176 Myrtle Blvd. Shkreli Consideration - Site Plan Approval
Don Mazin the applicant's attorney brought information regarding parking from the Town Clerk.
Mr. Mazin further stated that the Town Clerk said the Coughlin building has 30 parking spaces
and the applicant is requesting to purchase the required spaces, also there may be street parking
available. He further stated that when New York Sports Club opened, the Town provided
parking spaces.
Ron Stansfield, the builder, stated that he contacted Iona College for use as a staging area.
Mr. Ortiz suggested that they check with Dolph Rotfeld and draft a plan showing how the street
will be shut down when placing the modular units.
Mr. Ortiz further stated that he had requested to have someone from the Town Clerk's office
present information to the Planning Board re parking in the area.
Parking was discussed. Mr. Skhreli stated he will purchase the parking spaces and commit to
whatever number of spaces that are required by the Board.
Mr. Roniger asked why onsite parking is not considered and Mr. Shkreli stated he would have to
demolish the existing building in order to provide parking on site.
There were no public questions or comments.
Ms. Hochman will share with Board the code 240-30 SB-R and the EIS
The matter was adjourned to November 12, 2014.
5. 446 Weaver Street -Public Hearing -Wetland Permit
Motion: To open the public hearing
Action: Approved
Moved by Edmund Papazian, Seconded by Ralph M. Engel, alternate.
Benny Salinitro, the applicant's engineer, stated that they appeared before the Coastal Zone
Management Commission (CZMC) and the CZMC's letter dated October 7, 2014 was entered
into the record and marked Exhibit 1.
Mr. Salinitro stated that the plan is to remove all structures and driveway and propose a new
single family dwelling with attached garage. Test pits were done and witnessed by
representatives of the Town. Mr. Salinitro further stated that he received comments from the
Town's engineer and will answer them.
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Reduction in impervious surfaces was discussed and Mr. Salinitro stated that there will be a 224
square foot reduction.
The number of infiltrators and the set back from the house to the river was discussed. Mr.
Salinitro stated that there will be no basement, only a crawl space to conform with Section 110 of
the Town Code.
Public questions or comments:
Joy DeSanto of 150 Weaver Street stated she was here to listen.
Mr. Salinitro asked that the public hearing be closed but Mr. Ortiz said the public hearing would
not be closed until the Board has Mr. Oliveri's response, but requested Ms. Hochman to prepare
a draft resolution.
The matter was adjourned to November 12, 2014.
6. 33 Marbourne Drive Kimmey/Hartman—Consideration—Wetlands Permit
Sara Logan, the applicant's architect, Stephen Nevel of LabHaus, Benedict Salinitro the engineer
and the proposed owners appeared before the Board.
Stephan Nevel of LabHaus stated that the site is zoned R-20 and has a watercourse going thru
and splitting the property. The plan is to minimize the impact to the waterway and improve the
buffer zone. The house will be on piers to prevent disturbances. The riprap now has a negative
impact and the plan is to improve the bank with shrub plantings and slope reinforcement.
Improving the buffer will reduce the impact on the waterway.
Ms. Logan stated that there will be no basement so all water can flow under the building, and the
driveway will be straight to minimize runoff.
Mr. Nevel stated that they are trying to provide a benefit, to help prevent petro chemicals, and
fertilizers in the brook with bio filtration.
Mr. Salinitro stated that the property is not in a flood zone.
The matter was referred to the CZMC.
The Board discussed with the applicant how the modular structures would be staged.
The matter was continued to November 12 further for consideration.
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7. 5 Sheldrake Avenue - Beth Feldman - Consideration—Wetlands Permit
Donald Z. Schweter, the applicant's architect, addressed the Board. Mr. Schweter stated that
there is a small house on a nonconforming lot and they are proposing a nonconforming addition,
as well as reducing the lot coverage by removing the black top driveway. Jim Lotto has done the
drainage calculations. And the dry wells are planned in the rear yard. The entire property is
within the wetland buffer. He further stated that two adjoining properties had large additions.
He stated that a deck in the rear yard will be on a dry stack garden wall.
Mr. Schweter showed the proposed floor plan and explained that the mechanicals will be moved
from the existing basement to the attic to be FEMA compliant. The garage will remain.
The matter was referred to the Coastal Zone Management Commission (CZMC). The matter
was adjourned to November 12th for a public hearing. Ms. Paul stated that this is a Type 2
application, Mr. Ortiz asked Ms. Hochman to prepare a draft resolution.
8. 227 Griffen Avenue Adam Glucksman Consideration
Joe Cermele, the applicant's engineer, addressed the Board stating that this is the continuation of
the Winged Foot Plan that the Board approved last month and that the Club is now in possession
of a signed easement from the Glucksmans. He further stated last month that the Board
approved the club side drainage plan and work is to begin sometime next week. The
Glucksmans plan to retain the same contractor.
The plan has been before the CZMC twice.
Mr. Cermele requested that the Board schedule a public hearing for November.
The Board discussed the application.
There were no public questions or comments.
The matter was adjourned to November 12, 2014
Mr. Ortiz asked Ms. Hochman to prepare a draft resolution.
EXECUTIVE SESSION
Motion: To go into Executive session
Action: Approved
Moved by Ira Block, Seconded by Elizabeth Cooney.
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ADJOURNMENT
On motion of Ms. Cooney, seconded by Mr. Engel the meeting was adjourned at 9:35P.M.
Minutes prepared by
Francine M. Brill
Planning Board Secretary
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