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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 J. 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 2 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. 3 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. 4 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. 5 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. 6 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. 7 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 8