HomeMy WebLinkAbout2015_04_08 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
APRIL 8, 2015, HELD IN CONFERENCE ROOM C,
OF THE TOWN OF MAMARONECK
740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK
1. MINUTES
2. 28 Colonial Avenue Wrobel Consideration Adjourned
Required Approval(s)_Subdivision Approval_
Town Code Chapter 190
Location: 28 Colonial Avenue_
District: R-6
Project Description two lot subdivision
3. 2155 Palmer Avenue Acura Consideration Public Hearing
Required Approval(s)_Site Plan
Town Code Chapter 177
Location: 2155 Palmer Avenue
District: BR
Project Description Site Plan changes to building and property
4. 23 North Brook Road North Brook Development Consideration
Required Approval(s) Site Plan Approval/Wetlands and Watercourses_
Town Code Chapter 177 / Chapter 114
Location: 23 North Brook Road
District: _R-6
Project Description build a new single family residence
Roll Call.
Present:John Ortiz, Edmund Papazian, Ellen Dunkin, George Roniger, Stephen Marsh, Ira Block,
Elizabeth Cooney, Ralph M. Engel, alternate,
Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel,Anthony Oliveri P.E.,
Consulting Engineer, Elizabeth Paul, Environmental Consultant,Jaine Elkind-Eney,Town Board Liaison.
Absent/Excused: Kevin G. Ryan, Counsel.
CALL TO ORDER
The meeting was called to order at 8:02P.M.
MINUTES
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The minutes of March 11, 2015 were discussed and technical corrections were made.
Motion:To approve the minutes of March 11, 2015 with technical corrections.
Action:Approved
Moved by Ellen Dunkin, Seconded by Stephen Marsh.
Vote: Motion passed (summary:Yes=6, No= 0,Abstain = 2).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger,John Ortiz, Ralph M. Engel, alternate, Stephen
Marsh.
Abstain: Edmund Papazian, Ira Block.
3. 2155 Palmer Avenue ACURA Public Hearing
Ms. Brill confirmed that all required referral notifications were sent and replies received.
Mr. Villani stated that they were awaiting confirmation that the referrals were replied to and have sent
required notifications to the neighbors.
Mr. Oliveri stated there are no changes that he is aware of.
Mr. Ortiz asked for a motion to open the public hearing.
Motion:To open the public hearing.
Action:Approved
Moved by Ellen Dunkin, Seconded by Elizabeth Cooney.
Mr. Ortiz observed that no lighting is proposed and the area will be graveled for parking.
Mr. Oliver stated that the increase of the site decreases the amount of impervious surface overall.
The Board discussed the gravel parking area and whether it will remain or only be temporary.
Board members agreed the parking area should remain gravel or some other pervious surface.
Public comments were sought and none were made.
Ms. Paul, read a draft determination of non-significance into the record, and stated that the Department
of Environmental Conservation has a new short environmental assessment form for determination of
significance. She further suggested a correction to part 1 to read a correction of a gravel parking area,
Mr. Villani corrected and initialed and dated it April 8, 2015.
Motion: To approve the Negative Declaration
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Action:Approved
Moved by Ira Block, Seconded by Elizabeth Cooney.
Vote: Motion carried by unanimous roll call vote (summary:Yes=7).
Yes: Edmund Papazian, Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen
Marsh.
Motion:To close the public hearing
Action:Approved
Moved by Ellen Dunkin, Seconded by Ira Block.
Vote: Motion carried by unanimous roll call vote (summary:Yes=7).
Yes: Edmund Papazian, Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen
Marsh.
Motion:To approve the resolution with technical corrections
Action:Approved
Moved by Ira Block seconded by Steven Marsh
On motion of Ira Block seconded by Stephen Marsh the site plan application of Acura of Westchester(the
"Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning
Board")upon the following resolution, which was adopted by a vote of 7-0
WHEREAS, the Applicant submitted an application to amend the site plan(the "Application")
for an automobile dealership located at 2155 Palmer Avenue and known on the Tax Assessment map of
the Town of Mamaroneck as Section 5, Block 501,Lot 1 (the "Property"); and
WHEREAS,the Property is located in the BR-Business-Residence District; and
WHEREAS, the Property is used for an automobile dealership; and
WHEREAS, the Applicant proposes to construct a gravel parking area on a vacant parcel within
its Property; and
WHEREAS, the Application was referred to Town of Mamaroneck Police Department, Town of
Mamaroneck Fire Department, Town of Mamaroneck Traffic Committee, City of New Rochelle, Village
of Larchmont and the Westchester County Planning Board; and
WHEREAS, the Secretary to the Planning Board stated on at the April 8th Planning Board
meeting that each of the above-referenced entities responded verbally or in writing that it had no comment
on the Application; and
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WHEREAS, after publication of notice, the Planning Board held a public hearing for the
Application on April 8, 2015; and
WHEREAS, the Planning Board has considered the Application, reports and comments of the
Town's consulting engineer; testimony from Town officials and interested members of the public, as well
as responses to questions by the Applicant and its representatives; and
WHEREAS, the Applicant has represented, and the site plan confirms, that there are no proposed
increases with respect to impervious coverage; and
WHEREAS, the Board finds that the Application will not result in an increase to stormwater
runoff because there is no increase in impervious surfaces on the Property;
WHEREAS, the Applicant has represented that there will be no new lighting fixtures installed
and, as such the Board finds that there will be no visual impacts associated with the proposed action; 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 Application is Unlisted pursuant to the New York State Environmental Quality
Review Act or the Town of Mamaroneck Environmental Quality Review Act; and
WHEREAS,the Planning Board reviewed Part 1 of the Environmental Assessment Form
submitted by the Applicant in support of the application, sought and received comments from all
interested agencies and based upon such information, completed Part 2 of the Full Environmental
Assessment Form, and determined, as hereinafter resolved, that the Application did not have the potential
to result in significant adverse environmental impacts; and
NOW, THEREFORE,BE IT RESOLVED,that the Planning Board hereby APPROVES the
authorization of a determination of non-significance (the "Negative Declaration") dated April 8, 2015, a
copy of which will be kept on file with the Building Department.
BE IT FURTHER 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:
Site Plan for Westchester Automobile Co., Prepared by John J. Annunziata P.E.,P.C. dated 8/18/14, last
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revised on 2/28/15
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. Applicant shall be responsible for procuring any and all permits required for the proposed work
within the New York State Department of Transportation right-of-way.
3. 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 returned to the Planning
Board.
4. Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Director
of Building prior to any site disturbance.
5. 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 the
Town consulting 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.
6. Applicant shall furnish an"as built" survey when site work is completed.
7. 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.
8. The gravel parking lot shall remain pervious.
Vote:
In Favor: John Ortiz, Chaiinian, Ellen Dunkin, Edmund Papazian, George Roniger, Stephen
Marsh, Ira Block, Elizabeth Cooney
Against: None
This decision shall be filed with the Town Clerk.
4. 23 North Brook Road North Brook Development Public Hearing
Rick Yestadt, the applicant's architect, addressed the Board stating they have applied fora wetlands and
watercourses permit to build a new home. A prior application for this property was before the Board
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and approved several years ago. Mr. Yestadt stated that nothing has changed since they were last
before the Board.
The Board and the applicant's representative discussed Mr. Oliveri's letter dated 4/8/2015.
Mr. Ortiz asked whether further stormwater calculations would be required.
Mr. Oliveri noted that the patio seemed larger than the previously approved plan. Mr. Yestadt
responded that the patio change could revert to the original, requiring no changes to the original
calculations.
Mr. Block stated his concern that the stormwater calculations were done originally in 2006 and worried
if anything has changed.
Mr. Oliveri, stated that the rainfall amounts used by the DEC changed in January 2015 and this applies to
applications submitted after the effective date of the DEC's new policy. Mr. Oliveri further stated that
percolation data will be updated and verified prior to installation of drywells.
Motion: To open the public hearing
Action:Approved
Moved by Ellen Dunkin, Seconded by Stephen Marsh.
Vote: Motion carried by unanimous roll call vote (summary:Yes=7).
Yes: Edmund Papazian, Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen
Marsh.
Mr. Ortiz asked how the patio shown on the present architectural plan differs from the original from
2006.
Mr. Yestadt responded that the patio was smaller in the 2006 plan but they will alter the architectural
plans to show the smaller patio.
The Board discussed the easement Ms. Paul stated that all of the mapping information says the
easement belongs to the Town of Mamaroneck as the easement was done to allow for maintenance
when the Thruway was constructed and the Sheldrake River was moved.
The Board discussed the easement, Ms. Paul stated that all of the mapping information says the
easement belongs to the Town of Mamaroneck as the easement was done to allow for maintenance
when the Thruway was constructed and the Sheldrake River was moved.
Ms. Paul stated that the plan was shown to the Highway Department, and the Department of Public
works and has been referred to the NYS Thruway authority and the Department of Transportation.
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The Board requested a copy of the title report and Mr. Yestadt responded that he will get a recent
report.
Public Comments
Frank Poccia, 21 North Brook Road, asked if a variance is required, Mr. Carpaneto responded the
property is an R-6 Zone and is zoning compliant. Mr. Poccia also asked if there would be chipping or
blasting and Mr. Yestadt responded that there would be chipping, Mr. Ortiz asked Mr. Yestadt to return
with rock removal calculations.
Mr. Poccia stated that that there is a wooden section of sound barrier that was pinned thru rock. Mr.
Ortiz responded that before any rock removal is done, the thruway authority would need to be
contacted. Mr. Yestadt stated that there will be no rock removal in that area.
Linda Poccia, 21 North Brook Road asked the length and width of the driveway, Mr. Yestadt responded
10 feet wide 140 feet in length, and it will be over fill.
Ms. Poccia asked where the utilities will run and Mr. Yestadt responded that they will be located under
the proposed driveway.
Frank Poccia stated that the easement was a New York State drainage easement.
The matter was adjourned to May 13, 2015.
NEW BUSINESS
Jaine Elkind-Eney stated that the Town Board has passed a notification law for demolition applications.
ADJOURNMENT
Motion: The meeting was adjourned at 9:02
Action:Approved
Moved by John Ortiz, Seconded by George Roniger.
Vote: Motion carried by unanimous roll call vote (summary:Yes=7).
Yes: Edmund Papazian, Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen
Marsh.
Minutes Prepared by
Francine M. Brill
Planning Board Secretary
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