HomeMy WebLinkAbout2012_02_08 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF
THE PLANNING BOARD OF THE TOWN OF MAMARONECK
FEBRUARY 8,2012 IN CONFERENCE ROOM C,TOWN CENTER
740 WEST BOATON POST ROAD
MAMARONECK, NEW YORK
Roll Call.
Present: Marc Rosenbaum, Chairman,John Ortiz, Edmund Papazian,Virginia Picciotto, George Roniger,
Also Present: Lisa Hochman, Counsel,Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul,
Environmental Consultant,Abby Katz, Liaison.
Absent/Excused: Ellen Dunkin, Ronald Carpaneto
Vu CALL TO ORDER
The meeting was called to order at 8:03P.M.
MINUTES
The minutes of October 12, 2011 were reviewed and technical corrections made, but there were not
enough members present able to vote on the matter. The minutes were tabled to March 14, 2012.
The minutes of November 9, 2011 were reviewed and technical corrections made, but there were not
enough members present able to vote on the matter. The minutes were tabled to March 14, 2012.
The minutes of December 14, 2011 were reviewed and technical corrections made, but there were not
enough members present able to vote on the matter. The minutes were tabled to March 14, 2012.
The minutes of January 11, 2012 were reviewed and technical corrections made.
Motion:To approve the minutes of January 11, 2012
Action:Approved
Moved by Edmund Papazian, Seconded by John Ortiz.
Vote: Motion passed (summary:Yes=5, No= 0,Abstain =0
Yes: Marc Rosenbaum,John Ortiz, Edmund Papazian, George Roniger,Virginia Picciotto
APPLICATION NO. 1 Case No. 293 Bonnie Briar Country Club Public Hearing
The matter was adjourned at the applicant's request.
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Application No. 2 Case 295 616 Fifth Ave. Public Hearing
Mr. Rosenbaum asked if there were any questions or comments from the public even though the public
hearing was closed at the last meeting on January 11, 2012. Hearing no response, he asked the
applicant to address the Board.
Diego Villareale,the applicant's representative, addressed the Board stating that they appeared before
the Board of Architectural Review(BAR) on January 23, 2012 with the landscape plan, and the plan was
approved with no modifications.
Mr. Villareale also stated he had no comments on the draft Resolution and accepts all conditions.
Motion: To approve the Site Plan Resolution
Action:Approved
Moved by John Ortiz, Seconded by George Roniger.
Vote: Motion passed (summary:Yes=5, No= 0,Abstain =0
Yes: Marc Rosenbaum,John Ortiz, Edmund Papazian, George Roniger,Virginia Picciotto
CERTIFICATION
As Secretary to the Planning Board of the Town of Mamaroneck, I hereby certify that the following
is the Resolution adopted by the Planning Board of at the meeting held on February 8,2012
On motion of John Ortiz seconded by George Roniger, the site plan application of Emerald Blue Inc. the
"Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon
the following resolution, which was adopted by a vote of 5 —0.
WHEREAS, the Applicant submitted an application for site plan approval(the "Application") for the
sale of new motor vehicles located at 616 Fifth Avenue and known on the Tax Assessment map of the
Town of Mamaroneck as Block 132,Lot 1 (the "Property"); and
WHEREAS, the Property is bisected by the zoning district boundary line between R-7.5 One Family
Residence District and the SB Service Business District with 7,773 square feet or .1784 acres in the R-7.5
District and 12,500 square feet or .2870 acres in the SB District; and
WHEREAS, this Application involves only the SB portion of the Property; and
WHEREAS, the SB portion of the property is currently vacant and covered with gravel; and
WHEREAS, the Application proposes to utilize the Property for the display and sale of new cars; and
WHEREAS, the Coastal Zone Management Commission("CZMC")reviewed the Application at its
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meeting on May 23, 2011 and,by letter to the Planning Board dated June 6, 2011, found the proposal to
be consistent with the policies of the Local Waterfront Revitalization Plan; and
WHEREAS, after publication of notice, the Planning Board held public hearings for the application on
December 14, 2011and January 11,2012; and
WHEREAS, the Planning Board has considered the Application; comments and responses to questions
by the Applicant and its representatives; the reports and comments of the Town's consulting engineer; and
the testimony of interested members of the public; and
WHEREAS, the Board finds that the Application will not generate additional traffic because the
Applicant has undertaken that(i) no trucks will deliver cars to the site, (ii) all cars for sale will be
individually driven to the site and(iii) there will be no cars driven to the site between the hours of 9:00 p.
m. and 7:00 a.m.; and
WHEREAS, the Board finds that the Application will not result in additional stoiiu water runoff because
there will be no new impervious surfaces on the Property; and
WHEREAS, the Applicant has represented, and the Planning Board will require, that there will be no
new lighting installed on the Property in connection with this Application; and
WHEREAS, the Applicant has represented, and the site plan confirms, that there are no proposed
changes to topography or site grading; and
WHEREAS, the Board finds that the incremental noise generated by the Application will be minimal;
and
WHEREAS, the Board finds that, other than for a limited time during construction, the proposed changes
will not produce any increase in discernable smoke, gas, odors, heat, vibrations or noise compared to the
existing condition and that no increase in water or sewage disposal will be associated with the
Application; and
WHEREAS, the Application provided all information required by Chapter 177 of the Town Code; and
WHEREAS, the Board finds that the Application conforms to the standards established by Sec. 177-5 of
the Town Code; and
WHEREAS, the Board determined that this is an Unlisted Action under SEQRA and MEQR,pursuant to
the New York State Environmental Conservation Law and the Town Code; and
WHEREAS,the Planning Board reviewed the Environmental Assessment Foiiu submitted by the
Applicant in support of the application and determined by Resolution dated December 14, 2011,which
resolution is on file with the Building Department, that the Application does not have the potential to
result in significant adverse environmental impacts.
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NOW, THEREFORE,BE IT RESOLVED,that the Planning Board APPROVES the Application for
an amendment to the site plan for the Applicant at the Property as reflected in the following plans
submitted in connection with the Application:
PSP-1, Cover Sheet, prepared by John Meyer Consulting PC, last revised 12/21/2011
PSP-2, Existing Conditions Map, prepared by John Meyer Consulting PC , last revised 12/21/2011
PSP-3, Preliminary Site Layout& Landscaping Plan, prepared by John Meyer Consulting PC revised
12/21/2011
PSP-4, Preliminary Construction Details, prepared by John Meyer Consulting PC, dated 12/21/2011
BE IT FURTHER RESOLVED that this Board APPROVES the Application subject to the following
terms and conditions:
1. All site work shall be in accordance with the latest revised plans submitted, as herein referenced.
2. All applicable county, state and regional permits shall be obtained prior to the issuance of any
Town permits. In the event that such permit(s)require any modification to the site plan approved by this
resolution, a determination shall be made by the Town Director of Building and Town engineer as to
whether the modification is substantial and should be further considered by the Planning Board.
3. Applicant will arrange pre-construction meeting with the Town Engineer and the Town Director
of Building prior to any site disturbance.
4. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town
consulting engineer for approval prior to commencing site work. The Applicant shall notify—in person—
the Town consulting engineer or Director of Building at least 72 hours in advance of any site disturbance
so that the installation of erosion and sediment control devices, and tree and stream protection measures
can be inspected.
5. Applicant shall furnish an"as built" survey when site work is completed.
6. There shall be no letter of completion issued until there is full compliance with each condition
contained within this resolution and the plans incorporated herein.
7. There shall be no truck deliveries of cars to the Property and deliveries of the individual cars to
the Property shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m.
8. There will be no used cars for sale at the Property.
9. There will be no outdoor lighting installed on the Property.
10. The residential portion of the Property shall remain clean and free of debris.
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11. The landscaping and fencing on the Property shall be maintained in good condition.
12. In order to ensure that all landscaping and fencing is installed and properly maintained pursuant
to the conditions of this resolution and the plans incorporated herein, prior to the issuance of any Town
permits, Applicant shall furnish to the Town a perfoiivance bond in an amount to be established by the
Director of Building to be held for a period of one year from the date of the issuance of a letter of
completion by the Director of Building.
Vote:
In Favor: Marc Rosenbaum,John Ortiz, Edmund Papazian, George Roniger,Virginia Picciotto
Against:None
Recused:None
This decision shall be filed with the Town Clerk.
Application No. 3 Case No.296 1 Durham Road Consideration
Bill Lachenauer, of Hudson Engineering and Consulting, P.C., 55 South Broadway,Tarrytown, the
applicant's representative, addressed the Board. The property is 4.53 acres. Test holes were done to a
depth of 6-10 feet and rock was found at about 8 feet. Water was found near Durham Road. The
proposed lots are larger than the required 30,000 square feet.
Mr. Lachenauer stated that he met with Town staff and the Consulting Engineer and designed the road
to Town standards as dedicated road. They did not exceed the standards regarding the slope.
He discussed utilities,water, sewer, drainage on site possible rain gardens; stating runoff rate and
volume will be less than currently exists.
The EAF was completed by the applicant.
Mr. Rosenbaum stated that although this is a consideration the Board will entertain comments.
Mr. Papazian asked if there was any surface water or ponding on the property.
Mr. Lachenauer, responded, no the soil is sandy loam and absorbent, in low area they hit ground water
but didn't encounter ponding.
Mr. Rosenbaum stated it has to be decided whether the application is a type 1or 2 and the number of
trees to be cut down must be determined.
The maintenance of screening on the perimeter was discussed and Mr. Lachenauer stated that they will
strive to save trees outside the building envelope and in the rear as there is no reason to take down
healthy trees.
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Mr. Ortiz asked if a home owners association is proposed,to which Mr. Lachenauer responded if the
road is to remain private yes if it is to become a Town Road no.
The Board discussed the placement of the houses and the length of driveways, requesting that the
houses should be closer to the front property line with shorter driveways.
Mr. Rosenbaum asked if there were any questions or comments from the public.
David Levere, of 858 Fenimore Road, stated he has 3 issues, drainage is quite different from what the
tests show, there is a lot of water coming down the hill from the Saine's property, any drainage system
needs maintenance, secondly he voiced concern about the removal of trees hoping they will remain on
the perimeter for buffering,thirdly he stated that chipping is allowed for 15 days but if it is three
separate lots he hopes it would not go on for 45 days.
Julie Kane of 7 York Road stated her concern about drainage, protracted blasting and the preservation of
green space.
Mr. Rosenbaum stated for the record that Mr. Ortiz is a neighbor at 7 York Road.
Ms. Hochman stated there is no requirement for Mr. Ortiz to recuse himself due to his status as a
neighbor of the project.
Jeanine Arnold of York Road stated that when the house on Durham was built the property was referred
to as the Swamp. The developer that built it did everything required but it wasn't enough.
Mr. Rosenbaum stated the developer is required to post bonds.
Mr. Oliveri stated that the new storm water regulations have a maintenance guarantee.
Mr. Ortiz stated a condition can be put in the approval putting the burden on the property owners.
Ellen Hardman of Durham Road stated that her driveway is opposite the proposed road, she asked if the
developer would be required to replace some of the trees cut down for building.
Ms. Paul stated that the tree law does not apply to a subdivision;the Planning Board sets the
landscaping plan.
Mr. Lachenauer stated that he will return with a plan revised to reflect the Boards suggestions and
concerns.
Motion:To adjourn the matter to March 14, 2012
Action:Approved
Moved by Edmund Papazian, Seconded by John Ortiz. AT 9:18
ADJOURNMENT
The meeting was adjourned at 9:18 P.M.
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Minutes prepared by
Francine M. Brill
Planning Board Secretary
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