HomeMy WebLinkAbout2012_06_25 Planning Board Minutes MINUTES OF THE SPECIAL MEETING OF THE
PLANNING BOARD OF APPEALS OF THE TOWN OF MAMARONECK
JUNE 25, 2012 HELD IN CONFERENCE ROOM A, OF THE TOWN CENTER
740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK
AGENDA
Application No. 1 Case No. 297 1262 Boston Post Road Trader Joe's
Public Hearing
Required Approval(s) Special Use Permit Amendment& Site Plan
Amendment
Town Code Sections 240-64 and 240-65 & Chapter 177
Location: 1262 Boston Post Road
District: SB
Project Description High quality unique grocery store
ROLL CALL:
Present: Marc Rosenbaum, Chairman, John Ortiz, Ellen Dunkin, George Roniger
Also Present: Lisa Hochman, Counsel, Anthony Oliveri P.E., Consulting Engineer.
Absent/Excused: Virginia Picciotto, Edmund Papazian, Stephen Marsh.
APPLICATION NO. 1 CASE NO. 297 Trader Joes
The chairman asked for a motion to close the public hearing.
Motion: ,To close the public hearing
Action: Approved
Moved by John Ortiz, Seconded by Ellen Dunkin.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman.
The Board discussed the draft resolution, and corrections were made..
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The chairman asked for a motion to approve the site plan amendment as modified.
Motion: To approve the Site Plan Amendment with technical correction
Action: Approved
Moved by John Ortiz, Seconded by Ellen Dunkin.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman.
Site Plan Amendment
Trader Joe's East Inc.
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 at the public and duly noticed
special meeting held on June 25, 2012.
On motion of John Ortiz seconded by Ellen Dunkin, the site plan application of Trader Joe's East
(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 4-0.
WHEREAS, the Applicant submitted an application for site plan approval (the "Application")
for the expansion of retail space, reconfiguration of parking and legalization of placement of
trash receptacles in the Village Square Shopping Plaza located at 1262 Boston Post Road,
Mamaroneck, NY and known on the Tax Assessment map of the Town of Mamaroneck as Block
407, Lots 192 (the "Property"); and
WHEREAS the Property is located in the B —Business District; and
WHEREAS, Lot 192 of the Property is used for the sale of retail goods, a Trader Joe's grocery
store; and
WHEREAS the Applicant is a lessee of retail space owned by CW Village Square LLC,
Brixmor Property Group (the "Property Owner"); and
WHEREAS, the Board heard testimony submitted by the Town Administrator and residents of
the community expressing concerns about pedestrian safety within the parking area; and
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WHEREAS, the Applicant submitted a letter from Richard J. Pearson, PE, PTOE and Mark
Petroro, EIT of John Meyer Consulting, PC, dated June 1, 2012, in response to the Planning
Board's request for the traffic-related impact of the Application (the "JMC Letter"); and
WHEREAS, the JMC Letter calculated that the Application will result in an additional 17 trips
in the weekday morning peak hour, a reduction of 3 trips during the peak weekday PM hour and
a reduction of 14 trips during the peak Saturday midday hour; and
WHEREAS, the JMC Letter concluded that the proposed expansion would not have a
significant impact on the total trips currently entering and exiting the Village Square shopping
plaza and adjacent residential development; and
WHEREAS, the JMC Letter also stated that there are adequate sight distances available for
vehicles exiting onto West Boston Post Road at this intersection; and
WHEREAS, the JMC Letter also provided a summary review of 39 accidents in the area of the
Property, reported between 2008 and 2011; and
WHEREAS, the JMC Letter concluded that such accidents "are consistent with vehicles
traveling in and throughout parking lots"; and
WHEREAS, at the request of the Board, the Applicant has worked with the Property Owner
to submit plans for a reconfiguration of the parking area to address expressed concerns
related to pedestrian safety; and
WHEREAS, the Board of Architectural Review (the "BAR) reviewed the proposed facade at its
meeting on March 19, 2012 and approved facade, lighting and signage proposals, in accordance
with the following plans:
• Architectural Drawings submitted by Jeffrey Taylor Architect, dated April 11,
2012, , Labeled EX1.EX2, PR1, PR2 &PR2
• Signage Drawings submitted by Broadway National dated February 10, 2012, last
revised March 28, 2012
WHEREAS, on May 10, 2012, the Application was referred to the Village of Mamaroneck, the
New York State Department of Transportation and the Westchester County Planning Board, with
no comments received by such entities and
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WHEREAS, after publication of notice, the Planning Board held public hearings for the
application on March 14, 2012, April 18, 2012, May 9, 2012, June 13, 2012 and June 25, 2012;
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 Application seeks to legalize the locations of areas with trash receptacles; 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 proposed modifications to the Site Plan as presented by the
Applicant will reasonably mitigate concerns raised by officials and concerned residents of the
Town with respect to pedestrian safety; and
WHEREAS, the Board finds that the Application provides a sufficient number of parking spaces
to satisfy the requirements of the Town Code; and
WHEREAS, the Board finds that the Application will not result in additional storm water runoff
because there will be no increase in impervious surfaces; and
WHEREAS, the Board finds that there will be no visual impacts because the structure will not
be increasing by an appreciable height; 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 Type II and no further environmental review is required
pursuant to the New York State Environmental Quality Review Act or the Town of Mamaroneck
Environmental Quality Review Act; and
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:
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• Site Plan, SP-1, Trader Joe's, Larchmont, 1260 Boston Post Road, Larchmont, NY,
Prepared by John Meyer Consulting, last revised on June 12, 2012
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, if any.
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 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 — in person—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.
Vote:
In Favor: Marc Rosenbaum, Ellen Dunkin, John Ortiz, George Roniger
Against: None
Recused: Virginia Picciotto, Edmund Papazian, Stephen Marsh.
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This decision shall be filed with the Town Clerk.
The chairman asked for a motion to approve the Special Permit Amendment.
Motion: To approve the Special Permit Amendment
Action: Approved
Moved by John Ortiz, Seconded by Ellen Dunkin.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman.
Special Permit Amendment and Renewal
Trader Joe's East Inc.
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 at the public and duly noticed
special meeting held on June 25, 2012.
On motion of John Ortiz seconded by Ellen Dunkin the Special Use Permit Renewal and
Amendment application of Trader Joe's East (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 4-0.
WHEREAS, the "Applicant submitted an application(the "Application") for a Special Use
Permit Renewal and Amendment (the "Special Use Permit") for use and expansion of the
premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 407, Lots 192 (the "Property") as a store for the sale of goods at retail;
and
WHEREAS, Public Hearings were held on March 14, 2012, April 18, 2012, May 9, 2012,
6/13/2012 and 6/25/2012 pursuant to notice; and
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WHEREAS, the Planning Board has considered the Application, 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 heard
interested members of the public; and
WHEREAS, the Director of Building has indicated to the Planning Board that there are no
outstanding violations of Chapter 240 of the Code of the Town of Mamaroneck (the "Town
Code") on the Property; and
WHEREAS, the Application is Type II pursuant to Section 92-8(25) of the Town Code
and thus no further environmental review is required pursuant to the New York State
Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality
Review Act.
NOW, THEREFORE, BE IT RESOLVED, that this Board APPROVES the Application as
reflected in the following plans submitted in connection with this Application:
• Architectural Drawings submitted by Jeffrey Taylor Architect, dated April 11, 2012,
Labeled EX1.EX2, PR1, PR2 &PR2
• Signage Drawings submitted by Broadway National dated February 10, 2012, last
revised March 28, 2012
• Site Plan, SP-1, Trader Joe's, Larchmont, 1260 Boston Post Road, Larchmont, NY,
Prepared by John Meyer Consulting, last revised on June 12, 2012
NOW, THEREFORE, BE IT FURTHER RESOLVED, that this Board makes findings of
fact as follows:
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, 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 Special Use Permit use 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.
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BE IT FURTHER RESOLVED, that this Board APPROVES the application of the
Applicant for Special Use Permit for expansion of a grocery store subject to the following
terms and conditions:
1. The hours of operation shall be from 8:00 a.m. to 10:00 p.m. seven (7) days a week.
2. The Applicant shall be responsible for the proper maintenance of any garbage
dumpsters used in connection with its business operations and shall comply with any
and all reasonable directives with respect thereto by the Director of Building.
3. 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, if any.
4. No trucks operated by, for or under the control of the Applicant shall enter or leave the
premises at 1262 Boston Post Road by way of Larchmont Acres parking lot or Burton
Road.
5. This Special Use Permit shall expire after two (2) years.
6. This Special Use Permit is subject to the requirements set forth in Chapter 240, Article
IX and the use restrictions set forth in Section 240-30 of the Code of the Town of Mamaroneck.
ADJOURNMENT
Motion: To adjourn the meeting at 8:15 P.M.
Action: Approved
Moved by John Ortiz, Seconded by George Roniger.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman.
Minutes Prepared by
Francine M. Brill
Planning Board Secretary
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