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HomeMy WebLinkAbout2010_04_14 Planning Board Minutes Minutes Town of Mamaroneck Planning Board April 14, 2010 Held in the Court Room of the Town Center Roll Call. Present: Marc Rosenbaum, C. Alan Mason, John Ortiz, Ellen Dunkin, Virginia Picciotto, George Roniger, Anthony Oliveri P.E. (Not voting), Kevin Ryan, Counsel (Not voting), Lisa Hochman (Not voting), Ronald Carpaneto, Director of Building (Not voting), Elizabeth Paul, Environmental Coordinator(Not voting), Ernest Odierna, Liaison (Not voting), Wanda Sepulveda(Not voting). Absent/Excused: Edmund Papazian. MINUTES Motion: Approval of minutes of March 10, 2010 Action: Approve Moved by C. Alan Mason, Seconded by John Ortiz.Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Absent: Edmund Papazian. Application No. 1 CASE No. 273 Stephen Marsh, Contract Vendee, 77 Cooper Lane Subdivision, Public Hearing Benidict Salinitro, applicants engineer engaged Hudson Engineering they met with Town staff, and altered drainage plan as per suggestions made during the site visit. Anthony Oliveri stated the drainage plan is well beyond the increase of coverage. Mr. Canning from Adler Traffic consulting firm explained the traffic study Re: backing out of present driveway. At present the vegetation blocks site distance. The study was done for a 30 mile an hour road. Application plan clears vegetation to improve visibility. Now the plan creates a site line of 275 feet from one drive; 350 from the other and provides a turn around on property a significant improvement. Mr. Ortiz asked can Building Department enforce plantings, keeping them low for visibility. Mr. Carpaneto responded yes. Austine DiFiore next door neighbor questioned the embankment removal. Mr. Carpaneto responded no, it will be planted with low plants. Mr. Carpaneto stated residents can't park cars in the turn around. Ruth Campenelli, Barnum Rd., stated the road is dangerous no cars should be parked on that road. Construction vehicles will cause dangerous conditions on the street. Mr. Rosenbaum stated parking requirements during construction can be made a part of the conditions. Jeffery Seymour, 72 Cooper Lane had questions re: drainage Mr. Salinitro explained the system. The on site system doesn't change, the pipe to be installed has the capacity to handle up to 100 year storm runoff from 77 Cooper Lane. Mr. Oliveri stated the system presently in front of the property doesn't have the capacity. This plan doesn't correct current problem but will help alleviate but not eliminate it. A 24' pipe will be put in by the applicant that the Town can hook into at a later time. Mr. Seymour stated the current problem is not addressed. Mr. Rosenbaum responded that the current 15' pipe not for the applicant or PB to deal with. Mr. Carpaneto suggested that M. Seymour go to Town Board. Mr. Salinitro stated that the studies done for this application have given information as to why flooding has occurred in the past that can be given to the Town Board. Ms. Campenelli stated that thru the year's dangerous blind corners have not been enforced and asked how can we expect landscaping to be enforced. Mr. Rosenbaum stated the Planning Board can only put conditions in the Resolution. Mr. Ortiz stated the increased line of site on traffic study shows a vast improvement in visibility. Mr. DiFiore 90,000 gallons are to be maintained on the property? Mr. Salinitro yes maintained by property owner. In memo of Mr.Oliveri 4/14/10 he lists 2 conditions 1-the total pervious area calculation, and the set back sides sold be switched both must be put on the plan. Ms. Hochman stated the chair can close Public Hearing and ask for a report. Mr. Roniger stated enforcement of height of foliage is the responsibility of the Building Department. Mr. DiFiore asked if there will be blasting. Mr. Carpaneto responded rock removal by chipping. 9-4; no weekends or holidays permitted. Motion: to close Public Hearing, Action: Closed Moved by John Ortiz, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Absent: Edmund Papazian. Mr. Rosenbaum read the Neg Dec into the record. Motion: To approve the NEG DEC, Action: Approve, Moved by John Ortiz, Seconded by Virginia Picciotto. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Absent: Edmund Papazian. The following Resolution was offered by John Ortiz, seconded by Virginia Picciotto, to wit: RESOLUTION ISSUING A DETERMINATION OF ENVIRONMENTAL NONSIGNIFICANCE WHEREAS, Stephen Marsh, contract vendee, submitted an application for subdivision approval to subdivide a single parcel into two separate lots located at 77 Cooper Lane and known on the Tax Assessment map of the Town of Mamaroneck as Block 217 Lot 580 (the "the Proposed Action"); and WHEREAS, in accordance with the New York State Environmental Quality Review Act("SEORA") and the Environmental Quality Review regulations found in Chapter 92, Article I of the Code of the Town of Mamaroneck("MEOR"), the Planning Board of the Town of Mamaroneck(the "Board")has reviewed the Environmental Assessment Foiiu prepared in connection with the Proposed Action, the criteria for determining significance set forth in SEQRA and MEQR and all other information in the administrative record, which is incorporated herein by reference in its entirety, to identify the relevant areas of environmental concern; and WHEREAS, the Board has thoroughly analyzed the identified relevant areas of environmental concern to determine whether the Proposed Action may have a significant adverse impact on the environment; and WHEREAS, for the reasons set forth more fully in the annexed Determination of Nonsignificance, the Board determines (i) that the Proposed Action does not pose the potential for any significant adverse environmental impacts; and that no environmental impact statement is required; and(ii) directs its Secretary to file the annexed Determination of Nonsignificance. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Vote: In Favor: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger Against: None The Resolution was thereupon adopted. Motion: to approve memo of Dolph Rotfeld Engineer, Action: Approve, Moved by C. Alan Mason, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Absent: Edmund Papazian. Application No. 2 CASE No. 274 610 Fenimore Road, Inc., 1380 Boston Post Road, Site Plan Approval, Public Hearing (continued) Ms. Picciotto recused John Knotgen, addressed the Board. Mr. Rosenbaum. read the clause regarding the parapet enclosure into the record. Mr. Knotgen responded that"was acceptable". Motion: Close Public Hearing, Action: Approve, Moved by C. Alan Mason, Seconded by John Ortiz. Vote: Motion passed (summary: Yes = 5, No = 0, Abstain= 1). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum. Abstain: Virginia Picciotto. Absent: Edmund Papazian. Motion: To approve the Neg Dec, Action: Approve, Moved by John Ortiz, Seconded by C. Alan Mason. Vote: Motion passed (summary: Yes = 5, No = 0, Abstain= 1). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum. Abstain: Virginia Picciotto. Absent: Edmund Papazian. The following Resolution was offered by John Ortiz, seconded by C. Alan Mason, to wit: RESOLUTION ISSUING A DETERMINATION OF ENVIRONMENTAL NONSIGNIFICANCE WHEREAS, 610 Fenimore Road Inc. submitted an application for site plan approval to construct an addition and site improvements to an existing building located at 1380 Boston Post Road and known on the Tax Assessment map of the Town of Mamaroneck as Block 409, Lot 194 (the "the Proposed Action"); and WHEREAS,in accordance with the New York State Environmental Quality Review Act("SEQRA") and the Environmental Quality Review regulations found in Chapter 92, Article I of the Code of the Town of Mamaroneck("MEQR"), the Planning Board of the Town of Mamaroneck(the "Board")has reviewed the Environmental Assessment Foiiu prepared in connection with the Proposed Action, the criteria for determining significance set forth in SEQRA and MEQR and all other information in the administrative record, which is incorporated herein by reference in its entirety, to identify the relevant areas of environmental concern; and WHEREAS, the Board has thoroughly analyzed the identified relevant areas of environmental concern to determine whether the Proposed Action may have a significant adverse impact on the environment; and WHEREAS, for the reasons set forth more fully in the annexed Determination of Nonsignificance, the Board determines (i) that the Proposed Action does not pose the potential for any significant adverse environmental impacts; and that no environmental impact statement is required; and(ii) directs its Secretary to file the annexed Determination of Nonsignificance. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Vote: In Favor: Rosenbaum, Mason, Ortiz, Dunkin, Roniger Against: None Recused: Picciotto The Resolution was thereupon adopted. Motion: To approve the resolution, Action: Approve, Moved by Ellen Dunkin, Seconded by John Ortiz. Vote: Motion passed (summary: Yes = 5, No = 0, Abstain= 1). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum. Abstain: Virginia Picciotto. Absent: Edmund Papazian. On motion of Ellen Dunkin, seconded by John Ortiz, the application of 1380 Boston Post Road Associates, LLC (the "Applicant") for approval of a site plan amendment 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") to construct an addition and site improvements to an existing building located at 1380 Boston Post Road(the "Buildinm") and known on the Tax Assessment map of the Town of Mamaroneck as Block 409, Lot 194 (the "Property"); and WHEREAS, the Building is located in the B-Business District; and WHEREAS, the Board has previously determined that this is an Unlisted Action under SEQRA and MEQRA and has adopted a Negative Declaration, dated April 14, 2010, a copy of which is on file with the Building Department; and WHEREAS, after publication of notice, this Board has held public hearings for the application on January 13 and March 10,2010; and WHEREAS, the Board of Architectural Review has reviewed the proposed plans for the Application and has issued a favorable opinion as memorialized in the minutes of its meeting dated January 21, 2010; and WHEREAS, the Coastal Zone Management Commission reviewed the Application and,pursuant to a letter dated February 9, 2010, found the proposal to be neither consistent nor inconsistent with the policies of the Local Waterfront Revitalization Plan; and WHEREAS, the Application was referred to the New York State Department of Transportation ("NYSDOT") on December 14, 2009 and no response was received; and WHEREAS, the Application was referred to the Westchester County Planning Board ("WCPB") and WCPB sent a written response with its determination that the Application is a matter for local determination; 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 has heard interested members of the public; and WHEREAS, the Board finds that improvements sought under the Application will not generate additional traffic relative to the existing structure; and WHEREAS, the Board finds that the proposed changes to the existing structure will not result in additional storm water runoff compared to the existing structure; 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 structure and that no increase in water or sewage disposal will be associated with the proposed facility; and WHEREAS, the Application provided all information required by Chapter 177 of the Code of the Town of Mamaroneck(the "Town Code"); and WHEREAS, the Board finds that the Application conforms to the standards established by Sec. 177-5 of the Town Code. NOW, THEREFORE,BE IT RESOLVED,that the Board APPROVES the Application for an amendment to the site plan for the Applicant at the Property subject to the following plans,prepared by Marsella+Knoetgen Architects: AO Site Plan Demolition, last revised on January 22, 2010 Al Site Plan& Zoning Data, last revised on January 22, 2010 A2 First Floor Plan&Notes, last revised on January 22, 2010 A3 Roof Plan&Notes, last revised on March 16, 2010 A4 Exterior Elevations, last revised on January 26, 2010 A5 Building Sections, last revised on January 22, 2010 L-1 Planting Plan, last revised on January 20, 2010 SD-1 Stoiniwater Drainage and Erosion Control Plan, last revised on January 19, 2010 SD-2 Stoiniwater Drainage and Erosion Control and Utility Plan Details, last revised on January 19, 2010 BE IT FURTHER RESOLVED that this Board GRANTED the application of a Site Plan to construct an addition and site improvements to an existing building located at the Property 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, (e.g.,NYSDOT permit), shall be obtained prior to the issuance of a building permit. In the event that such permit(s)require any modification to the site plan approved by this resolution, a deteiiuination shall be made by the Town Director of Building and Town Engineer as to whether the modification is substantial and should be returned to 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 Engineer for approval prior to commencing site work. The Applicant shall notify—in person—the Town Engineer or Director of Building at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices, and tree and stream protection measures. 5. Applicant shall furnish an"as built" survey when site work is completed. 6. There shall be no Final Certificate of Occupancy issued until there is full compliance with each condition contained within this resolution and the plans incorporated herein. 7. The Applicant shall install a roof over the HVAC unit to provide additional sound attenuation if, in the reasonable opinion of the Director of Building, the HVAC units on the roof of the building, when operational, have an unacceptable noise impact on the surrounding properties. In making such determination, the Director of Building may take into account such factors, as he or she deems appropriate, including without limitation, complaints from neighbors, as well as sound measurements at the property line. The Board shall retain jurisdiction over this application in the event of a disagreement between the Applicant, its successors or assigns and the Director of Building regarding the need to install such additional sound attenuation measure(s). Vote: In Favor: Rosenbaum, Mason, Ortiz, Dunkin, Roniger Against: None Recused: Picciotto This decision shall be filed with the Town Clerk. Application No. 3 CASE No. 275 Bonnie Briar Country Club, 808 Weaver Street, Site Plan Approval, Public Hearing John Ortiz recused Motion: To open Public Hearing, Action: Approve, Moved by George Roniger, Seconded by Ellen Dunkin. Vote: Motion passed (summary: Yes = 5, No = 0, Abstain= 1). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, Marc Rosenbaum, Virginia Picciotto. Abstain: John Ortiz. Absent: Edmund Papazian. Ben. Salinitro representing Bonnie Briar Country Club stated the club wants to erect a facility for electric golf cart, next to Tee 10. They will be installing a new electric service and a biowash system, abandoning the use of gasoline, and widening the path or a greener approach. There were no questions from the Board. There were no questions from the Public. Motion: to close the Public Hearing, Action: Approve, Moved by C. Alan Mason, Seconded by Virginia Picciotto. Vote: Motion passed (summary: Yes = 5, No = 0, Abstain= 1). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, Marc Rosenbaum, Virginia Picciotto. Abstain: John Ortiz. Absent: Edmund Papazian. Ms. Hochman stated that this is a Type 1 action, and asked if all referrals have been circulated. Ms. Brill responded yes. Motion: Declare Lead Agency, Action: Approve, Moved by George Roniger, Seconded by Virginia Picciotto. Vote: Motion passed (summary: Yes = 5, No = 0, Abstain= 1). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, Marc Rosenbaum, Virginia Picciotto. Abstain: John Ortiz. Absent: Edmund Papazian. Motion: Approve the Resolution, Action: Approve, Moved by C. Alan Mason, Seconded by Ellen Dunkin. Vote: Motion passed (summary: Yes = 5, No = 0, Abstain= 1). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, Marc Rosenbaum, Virginia Picciotto. Abstain: John Ortiz. Absent: Edmund Papazian. On motion of Dr. Mason, seconded By Ms. Dunkin, the application of Bonnie Briar Country Club (the "Applicant") for approval of a site plan amendment 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; with one abstention. WHEREAS, the Applicant submitted an application for site plan approval(the "Application") to construct an electric golf cart storage facility at Bonnie Briar Contry Club located at 801 Weaver Street and known on the Tax Assessment map of the Town of Mamaroneck as Block 225, Lot 1.1 (the "Property"); and WHEREAS, the Property is located in the Recreation District; and WHEREAS, the Board determined that this is a Type 1 Action under SEQRA and MEQR, Sec. 92-3of the Code of the Town of Mamaroneck; and WHEREAS, the Planning Board declared its intent to be Lead Agency for purposes of environmental review under SEQRA; and WHEREAS,the Planning Board reviewed Part 1 of the Full Environmental Assessment Form submitted by the Applicant in support of the application, sought and received comments from all interested agencies, and based upon the information, determined that the Application did not have the potential to result in significant adverse environmental impacts and thereby approved a motion authorizing a negative declaration on April 14, 2010, a copy of which is on file with the Building Department; and WHEREAS, after publication of notice, this Board has held public hearings for the application on April 14, 2010; and WHEREAS, the Coastal Zone Management Commission reviewed the Application and,pursuant to a letter dated April 6, 2010, found the proposal to be neither consistent nor inconsistent with the policies of the Local Waterfront Revitalization Plan; 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 has heard interested members of the public; and WHEREAS, the Board finds that improvements sought under the Application will not generate additional traffic because the development is only for the purpose of golf cart storage; and WHEREAS, the Board finds that the proposed changes to the existing structure will not result in additional storm water runoff because the applicant has proposed a stoiniwater retention system that has been deemed adequate for projected stoiniwater runoff; and WHEREAS, the Applicant has represented that water quality will be protected because carts will be cleaned using "bio-wash" system, which will screen out debris such as certain chemicals and grass clippings before recirculating the water; 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 structure and that no increase in water or sewage disposal will be associated with the proposed facility; and WHEREAS, the Board finds that replacement of gas powered golf carts with electric powered golf cart will contribute to better air quality; and WHEREAS, the Application provided all information required by Chapter 177 of the Code of the Town of Mamaroneck(the "Town Code"); and WHEREAS, the Board finds that the Application conforms to the standards established by Sec. 177-5 of the Town Code. NOW, THEREFORE,BE IT RESOLVED,that the Board APPROVES the Application for an amendment to the site plan for the Applicant at the Property subject to the following plans: Sheets S-1 and S-2,prepared by Benedict A. Salinitro, P.E. Consulting Engineer dated January 28, 2010. BE IT FURTHER RESOLVED that this Board GRANTED the application of a Site Plan to construct an addition and site improvements to an existing building located at the Property 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 a building permit. 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 returned to 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 Engineer for approval prior to commencing site work. The Applicant shall notify—in person—the Town Engineer or Director of Building at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices, and tree and stream protection measures. 5. Applicant shall furnish an"as built" survey when site work is completed. 6. There shall be no Final Certificate of Occupancy issued until there is full compliance with each condition contained within this resolution and the plans incorporated herein. Vote: In Favor: Rosenbaum, Mason, Dunkin, Picciotto, Roniger Against: none Recused: Ortiz This decision shall be filed with the Town Clerk. Applicant requested adjournment Application No. 4 CASE No. 276 Joseph M. Bloch Jr. Living Trust dated 11/22/01, Joseph M. Bloch Jr., Trustee and Dana K. Bloch Living Trust dated 12/4/03 Dana K. Bloch, Trustee As tenants in common presently residing at 19 Avon Road, Larchmont, New York 10538; 19 Avon Road Subdivision approval, Public Hearing Application No. 5 CASE No. 278 Byron Place Associates and FCD Mamaroneck, LLC; Site Bounded by Maxwell Avenue, Madison Avenue and Byron Place; Special Permit Amendment, Consideration Andrew Tung appeared an addressed the Board representing the applicant. There were no questions comments from the Board or the Public. Motion: Approve the advisory opinion, Action: Approve, Moved by John Ortiz, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: C. Alan Mason, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Absent: Edmund Papazian. FCD Mamaroneck LLC and Byron Place Associates LLC Petition To Amend Special Permit WHEREAS, On October 18, 2006, FCD Mamaroneck, LLC was granted a special permit (the "Special Permit") by the Town Board in accordance with Section 240-25.F of the Mamaroneck Town Code for the construction of a mixed-use development on a site bounded by located adjacent to Maxwell Avenue, Madison Avenue and Byron Place in the Town of Mamaroneck(the "Development Site"); and WHEREAS, the Development Site is now owned by both FCD Mamaroneck LLC as well as Byron Place Associates LLC (collectively, the "Applicant"); and WHEREAS, the Special Permit was amended on April 2, 2008 to extend the building permit dates to April 18, 2011 for filing a building permit application and to October 18, 2011 to obtain such building permit; and WHEREAS, the Special Peiiuit was amended on November 5, 2008 to relocate 11 of the required parking spaces from the land where the LaVilletta restaurant is located to the land along Byron Place that the Town has contracted to sell to the Applicant; and WHEREAS, on March 3, 2010, the Applicant petitioned the Town Board to amend the Special Permit to (i) increase the number of apartments from 139 to 149, (ii) increase the number of workforce housing units from 9 to 10 and(iii) increase the number of proposed interior parking spaces by 15, commensurate with the increase in residential units (collectively, the "Proposed Amendment"); and WHEREAS, Andrew Tung, representing the Applicant, stated that the Proposed Amendment does not exceed the development envelope specified in the Environmental Findings adopted by the Town Board pursuant to the New York State Environmental Quality Review Act; and WHEREAS, Andrew Tung, representing the applicant, stated that the Proposed Amendment will not substantially alter the footprint or architectural character of the currently approved building; and WHEREAS, Town Code section 240-25.F requires the Town Board to obtain the advisory opinion of the Planning Board in connection with an application for an amendment to a special permit under that section; and WHEREAS, Town Code section 240-25.F(3) gives the Planning Board discretion as to whether to hold a public hearing in connection with the section 240-25.F referral from the Town Board; and WHEREAS, Town Code section 240-25.F(3) requires the Planning board to review a proposed 240-25.F application in accordance with Chapter 177 of the Town Code; and WHEREAS, Chapter 177 of the Town Code typically requires the Planning Board to refer applications there under to various agencies of the Town and County of Westchester; and WHEREAS, the Proposed Amendment is not a substantial change from the previously approved project; and WHEREAS, the Planning Board has been advised that the Town Board has sought advisory opinions from the Town Fire Department, Westchester County Planning Department, New York State Department of Transportation, New York State Thruway Authority, the Village of Larchmont and the City of New Rochelle; and WHEREAS, section 177-17 of the Town Code provides the Planning Board with the discretion to waive certain information requirements of Chapter 177; and WHEREAS, on March 5, 2010, Town Attorney, William Maker, Jr., issued a memo to the Chair of the Planning Board and its members transmitting the Applicant's petition for the Proposed Amendment; and WHEREAS, Andrew Tung, of Divney Tung Schwalbe, LLP,representing the Applicant, appeared before the Planning Board on March 10, 2010, at which time the Planning Board considered his statements as well as the written materials previously provided; and WHEREAS, three of the members of the Planning Board affiuuiatively supported the proposal to remove the ramp between levels 1 and 2 of the parking garage and the proposed additional parking spaces, while the remaining two Board members had no opinion on the specific proposal, but expressed general support for the Proposed Amendment; and WHEREAS, pursuant to the Town Code, section 240-25.F(2)(b), the Town Board is required to hold a public hearing on the Proposed Amendment; and NOW, THEREFORE, BE IT RESOLVED, that in accordance with Town Code, section 240-25.F(3), the Planning Board has waived its right to hold a public hearing concerning the Proposed Amendment; and be it FURTHER RESOLVED, that in accordance with Town Code section 177-17, the Planning Board has waived the requirement to make referrals or to obtain information as to the advisory opinions of other Town and County agencies with respect to this action; and be it FURTHER RESOLVED, that in accordance with Town Code section 240-92.B, the Planning Board is of the opinion that the Proposed Amendments are consistent with the comprehensive plan of land use for the Town of Mamaroneck and in furtherance of the purposes set forth in section 240-2 of the Town Code; and be it FURTHER RESOLVED, that based upon its careful consideration of the written submissions and oral testimony presented at its regular meeting on March 10, 2010, the Planning Board hereby advises the Town Board to approve the Proposed Amendment. Application No. 6 CASE No. 277 McGuire's Service Corp., 626 Fifth Avenue, Special Permit, Consideration Clark Neuringer, Architect for the applicant appeared and addressed the Board. Mr. Neuringer, stated that the building is currently a pet food store and warehouse, the property is to be sold and totally for the new owners use. There will be no changes to the site plan, only work proposed is interior. Proposal is to change from special permit to a permitted use. The business will be general contracting Vehicles to be parked are panel & pickup trucks for the business. There will be no servicing of vehicles. Office hours will probably be 8-5 M-F and possibly office hours Sat. Mr. Neuringer stated he will check the hours with the applicant. Mr. Rosenbaum stated that the application will be set for May 12, 2010. Matter adjourned. Application No 7 Gardens Lake Restoration Liz Paul. Presenting, Ms. Paul stated that the first proposal came in $1,000,000 over budget, the tubes were too expensive. Now the plan is to install an inlet structure to bypass the whole pond. Two parallel pipes before the weir, and replace the flood control valve. Now the bidders will have to explain how they will get rid of the soil. Dredging equipment can go inside the lake once emptied, depending on how dry they can get the lake. Restoration- will use some fill, public access will be maintained at five locations. Technique and by pass pipe is the only things different. Lisa Hochman stated that the Town Board wants a public hearing, wanting the whole process to be transparent. Mr. Rosenbaum stated he is concerned about odor factor. Steve Altieri arrived and answered Mr. Rosenbaum's question regarding odor and justification of a Public Hearing since the material will be handled differently. Mr. Altieri stated that the people lived around the lake in 1986 when it was last dredged and they are using the same plan though more efficient. The project should last 30 days, not including the dewatering process and landscaping. The dredged material will be placed along banks of the lake dried, loaded and removed. The project will go to bid for July or August The contractors will have more discretion as to removal. 4 County parks are accepting material. Odor can be an issue. Mr. Altieri stated that in this plan they are losing a little bit of the bank, but the lake remains the same size. Ms. Dunkin asked about wildlife preservation? Mr. Altieri stated the birds will be fine and they will try to trap fish and turtles, the issue will have to be addressed, and the lake can be restocked if necessary. WCPB supervised design. Mr. Altieri stated the issue of odor will be addressed and any other and is brought up. The matter was adjourned. ADJOURNMENT Motion: To adjourn the meeting Action: Approved Moved by Marc Rosenbaum, None seconded. Minutes prepared by Francine M. Brill Planning Board Secretary