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HomeMy WebLinkAbout2011_04_13 Planning Board Minutes AGENDA TOWN OF MAMARONECK PLANNING BOARD APRIL 13, 2011 8:00 P.M. Held in Conference Room C of the Town Center MINUTES Application No. 1 CASE No. 276 19 Avon Road Subdivision Required Approval(s) Subdivision Approval Town Code Chapter 190 Location: 19 Avon Road District: R-15 Project Description Subdivision Application No.2 CASE No. 290 2434 Boston Post Road Special Permit Renewal Public Hearing Required Approval(s) Special Permit Renewal Town Code Section 240-60-65, 240-308 Location: 2434 Boston Post Road Larchmont Car Wash District: B Project Description Continue existing car wash MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK APRIL 13, 2011 IN CONFERENCE ROOM C,TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order at 8:00p.m. Roll Call. Present: Marc Rosenbaum, Chairman,John Ortiz, C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger Also Present: Ronald Carpaneto, Lisa Hochman, Counsel,Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant, Ernest Odierna,Town Board Liaison. 1 Absent/Excused:Virginia Picciotto Recording Secretary: Francine M. Brill MINUTES Motion:To approve the minutes of March 9, 2011 Action:Approved Moved by John Ortiz, Seconded by C. Alan Mason. Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger,John Ortiz, Marc Rosenbaum, Chairman. The applications were taken out of order. Vi Application 2 Case No. 290 Larchmont Car Wash Motion:To open the public hearing Action:Approved Moved by C. Alan Mason, Seconded by John Ortiz. Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger,John Ortiz, Marc Rosenbaum, Chairman. Michael Donnadio,the applicant, addressed the Board stating there are no requested changes to the earlier approved special permit. Mr. Carpaneto,the Director of Building, stated there are no violations on the property. There were no questions or comments from the public IIVa Motion:To close the public hearing Action:Approved Moved by George Roniger, Seconded by John Ortiz. IIVa Vote: Motion carried by unanimous roll call vote (summary:Yes=6). 2 Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger,John Ortiz, Marc Rosenbaum, Chairman. CERTIFICATION AS THE 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 APRIL 13,2011. SPECIAL USE PERMIT RENEWAL-Larchmont Car Wash WHEREAS, Larchmont Car Wash ("Applicant") submitted an application for Special Use Permit Renewal for the use of the premises at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 326.1 (the "Subject Property"); and WHEREAS,the Applicant seeks to renew a special use permit granted to John Lage, the Owner of the Subject Property, on December 10, 2008(the "2008 Special Use Permit"); and WHEREAS,the Applicant has requested no changes to the conditions of the 2008 Special Use Permit; and WHEREAS,this Planning Board (the "Board") has determined that the proposed action is a Type II action and that, therefore, no further action is required under SEQRA; and WHEREAS,the Planning Board conducted a Public Hearing on April 13, 2011; and WHEREAS,the Director of Building stated at the Public Hearing that there are no outstanding violations at the Subject Property; and WHEREAS,the Planning Board having considered the application for Special Use Permit Renewal,the plans, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and the Director of Building, and having heard interested members of public. NOW,THEREFORE, BE IT RESOLVED that this Board reaffirms the following findings of fact: 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 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. 3 3. The proposed Special Use Permit 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. The property subject to this Special Use permit has no existing violations of the Town of Mamaroneck Zoning Ordinance. 5. The applicant has demonstrated that there has been no change in circumstances in the area,which would require the Planning Board to deny this request. BE IT FURTHER RESOLVED, that this Board GRANTED the application of Larchmont Car Wash for a Special Use Permit for a car wash subject to the following terms and conditions: 1. There shall be no signage placed on the existing rear canopy. 2. No gasoline shall be sold at the site. 3. Maximum hours of operation shall be from 7:00a.m. to 8:00 p.m. Monday through Saturday and 8:00 a.m. to 6:OOp.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 residential properties to the rear. 7. The applicant shall comply with all terms and conditions of the easement agreement relating to the buffer zone. 8. The Special Use Permit shall expire after two (2)years. 9. The Special Use 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. IIVa Motion:To approve the Special Use Permit Renewal for the Larchmont Car Wash Action:Approved Moved by Ellen Dunkin, Seconded by John Ortiz. Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger,John Ortiz, Marc Rosenbaum, Chairman. 4 Application No. 1 Case No.276 19 Avon Road Subdivision Public Hearing Motion:To open the public hearing Action:Approved Moved by Ellen Dunkin, Seconded by John Ortiz. Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger,John Ortiz, Marc Rosenbaum, Chairman. Paul Noto,the applicant's attorney, addressed the Board. Mr. Rosenbaum stated for the record that the Westchester County Department of Health signed the plat. Mr. Rosenbaum asked the Board if they had any comments. There were no questions or comments from Board members or the public. Motion: To close the public hearing Action:Approved Moved by John Ortiz, Seconded by C. Alan Mason. Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger,John Ortiz, Marc Rosenbaum, Chairman. Motion:To approve the subdivision Action:Approved Moved by John Ortiz, Seconded by C. Alan Mason Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger,John Ortiz, Marc Rosenbaum, Chairman. CERTIFICATION AS THE 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 APRIL 13,2011.FINAL SUBDIVISION APPROVAL—19 AVON ROAD WHEREAS,John D. Bloch (the "Applicant")filed an application for a subdivision of a single lot into two separate lots at 19 Avon Road (Block 208, Lot 73) (the "Subject Property") and 5 WHEREAS,the proposal contemplates that the existing home would remain and one new single- family home would be constructed at the Subject Property(the "Proposed Action"); and WHEREAS,a public hearing on the preliminary layout was conducted by the Planning Board on June 9, 2010, October 3, 2010, November 10, 2010 and December 8, 2010 at the Town Center on West Boston Post Road, Mamaroneck, New York, after due notice; and WHEREAS, Section 190-7 (Decision on preliminary layout) of the Code of the Town of Mamaroneck(the "Town Code") provides that the Planning Board will communicate its comments on the preliminary layout in writing to the subdivider; and WHEREAS, at the public hearing held on December 8, 2010 the Town Consulting Engineer, Anthony Oliveri P.E., described, in the presence of Applicant's representatives, a letter to Marc Rosenbaum, Chairman, and Members of the Planning Board, dated December 6, 2010, containing comments and an analysis of the application (the"Town Consulting Engineer's Letter"); and WHEREAS,the Town Consulting Engineer's Letter stated that the Applicant's submission satisfied the requirements of Section 190-8 of the Town Code regarding detailed construction drawings and found the proposed improvements to be satisfactory; WHEREAS,the Town Consulting Engineer's Letter recommended that the approval of drawings for the proposed stormwater detention system and all drainage improvements be made a condition of the final subdivision approval; WHEREAS,the Town Consulting Engineer's Letter recommended that there be no rain garden in connection with the Proposed Action; WHEREAS,following the closing of the public hearing on December 8, 2010 the Planning Board unanimously voted to deliver the Town Engineer's Letter to the Applicant as "comments" pursuant to Section 190-7 of the Code; 6 WHEREAS, Section 190-8(A) of the Code (Submission of final layout;certificate of approval) provides that before the Planning Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval without qualification of the Westchester County Department of Health,Westchester Joint Water Works No. 1 or any other agency having jurisdiction in the premises (the "Necessary Certifications"); and WHEREAS,the Applicant has obtained the Necessary Certifications; and WHEREAS,the Board finds that the Applicant has satisfactorily addressed the comments raised in the Town Consulting Engineer's Letter; and WHEREAS,the Proposed Action is an unlisted action pursuant to SEQRA and MEQR; and WHEREAS,on March 9, 2011 the Planning Board of the Town of Mamaroneck approved a resolution authorizing a determination of non-significance (the "Negative Declaration"), a copy of which is on file in the Building Department; and WHEREAS,a public hearing on the application for Final Subdivision approval was conducted by the Planning Board on April 13, 2011 at the Town Center on West Boston Post Road, Mamaroneck, New York, after due notice; and WHEREAS,this Board reviewed the application for Final Subdivision approval and determined that the plat is in substantial compliance with the preliminary layout; and WHEREAS, members of the Planning Board visited the site to observe existing conditions at the Subject Property; and 7 WHEREAS,the Coastal Zone Management Commission of the Town of Mamaroneck("CZMC") reviewed the Proposed Action and issued a report, dated November 1, 2010,to the Planning Board which report stated that the Proposed Action is consistent with the Local Waterfront Revitalization Plan; WHEREAS,the Applicant has undertaken to construct a stormwater attenuation system on the Subject Property; WHEREAS,the Applicant has undertaken to make improvements to the stormwater collection system located in Oxford Road such that the stormwater collected from the Subject Property will be slowly released into the municipal collection system at Oxford Road at a controlled rate; WHEREAS, based upon its review of all testimony and documentation submitted in connection with the Proposed Action, the Board hereby finds that one additional home can be constructed on the Subject Property without increasing the peak rate of stormwater runoff discharged from the site. NOW,THEREFORE, BE IT RESOLVED,that approval of the Proposed Action is hereby Granted to the Applicant for the subdivision of the property located at 19 Avon Road, Block 208, Lot 73 in accordance with the following plans and specifications: • Plans entitled: "19 Avon Road—Proposed Two Lot Subdivision" prepared by Hudson Engineering and Consulting P.C. revised October 28, 2010 • Report entitled: "Stormwater Analysis and Management Plan - 19 Avon Road" and prepared by Hudson Engineering and Consulting P.C. revised September 2010 • Video Inspection Logs, Oxford and Dundee Roads, dated August 5, 2010, by Fred A. Cook Jr., Inc. • Subdivision Plat entitled "Resubdivision of Lots 17 and 23" prepared by Richard A. Spinelli L.S. dated February 3, 2010 • Correspondence from William E. Lachenauer of H.E.C. dated October 29, 2010 8 I. General Requirements And Conditions. All pavements, including portions of driveways within the right-of-way of Avon Road shall be constructed according to Town specifications. All work within the right-of-way including all subsurface infrastructure work shall be improved in accordance with Town standards and specifications and offered for dedication to the Town. II. Special Requirements and Conditions. A. Water Retention and Drainage. 1. The applicant must comply with the Surface Water, Erosion and Sediment Control Law of the Town Code, Chapter 95 (the "Erosion & Sediment Control Law"). Detailed design shall be consistent with the plan entitled "Stormwater Analysis and Management Plan - 19 Avon Road" and prepared by Hudson Engineering and Consulting P.C. revised September 2010, as referenced above. 2. Prior to commencement of construction, the Director of Building and the Town Consulting Engineer shall approve the plans and shop drawings for the proposed stormwater detention system and all drainage improvements. B. Utilities. 1. The utility plans shall be coordinated with the landscaping plans to avoid interference with placement and subsequent growth of plantings and the conduct of repair and maintenance activities. C. Erosion and Sedimentation Control During Construction. 1. Erosion and sedimentation control shall be in accordance with the Erosion and Sediment Control Law. 2. Erosion and sediment control plans shall be approved by the Town Consulting Engineer prior to commencement of construction. A sediment and erosion control plan shall be submitted which shall include a construction timetable and inspection schedule. D. Rock Removal. 1. All rock removal required in conjunction with construction of the roadway, utilities, and residences shall be by means approved prior to the commencement of any rock removal by the Director of Buildings. E. Trees. 9 1. The Applicant,for itself and its successors and assigns, will accept and follow the requirements of the Tree Preservation Law of the Town Code, Chapter 207 (the Tree Preservation Law"). 2. Compliance with the Tree Preservation Law is required before a building permit shall be issued. 3. In accordance with the requirements of the Tree Preservation Law,there shall be an adequate number of trees planted to replace the trees that will need to be removed. Replacement trees shall be 2—2.5-inch caliper in accordance with the requirements of the Town of Mamaroneck's Environmental Coordinator. Replacement ratio of 1:1 may be waived in lieu of a fee at the discretion of the Director of Building, depending on the location of the proposed development footprint. F. Required Documents and Inspections. 1. The Applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Town Consulting Engineer. 2. The Applicant shall submit to the Town one Mylar reproducible set showing the "as built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residences to be constructed in this subdivision. G. Performance and Maintenance Bonds. 1. The Applicant shall post with the Town a performance bond, in form acceptable to the Town Attorney, in an amount equal to 100% of the cost of all required infrastructure, including but not limited to, roads, curbs, utilities, and street lighting. Such performance bond shall be renewed annually until such time as the Director of Building determines that construction pursuant to the approved plans is complete. 2. From the date of the acceptance of the road work and utilities shown on the approved plans, the applicant shall maintain with the Town a maintenance bond equal to 100%of the cost of construction of all required infrastructure, including but not limited to, roads, curbs, utilities and street lighting for a period of two years. H. Hours of Construction. 1. Construction (other than rock removal, which shall be conducted during hours provided by the Town Code) shall take place during the following hours only: Monday through Friday from 8 a.m. to 6 p.m.; Saturday from 9:00 a.m. to 6:00 p.m. 10 I. Construction Staging. 1. Applicant shall adhere to the plan entitled "19 Avon Road — Proposed Two Lot Subdivision", prepared by Hudson Engineering and Consulting P.C. last dated October 28, 2010. NEW BUSINESS Mr. Odierna updated the Planning Board on a number of issues including revaluation,the need for people to be trained to be on the Board of Assessment and the status of the FCD project. Mr. Carpaneto stated that the applicant has until April 18, 2011 to get a building permit and until October 18, 2011 to start work or they must return to the Town Board and the Planning Board. Mr. Odierna further stated that the traffic committee is studying the concept of speed bumps to curtail speeding on Town roads and questioned whether or not the Planning Board should be involved. The catch basin in the falls at Gardens Lake was discussed, as well as the complaints from New Rochelle residents about the lowering of the reservoir. ADJOURNMENT On motion duly made the meeting was adjourned at 8:35. Minutes prepared by Francine M. Brill Planning Board Secretary 11