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HomeMy WebLinkAbout2012_07_11 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 11, 2012 IN CONFERENCE ROOM C, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK AGENDA Application No. 1 Case No. 293 Bonnie Briar Country Club Public Hearing Adjourned Requires Approvals Wetlands and Water courses Town Code Chapter 114 Location: 808 Weaver Street District: REC Project Description site improvement to golf course Application No. 2 Case No. 296 1 Durham Road Public Hearing Adjourned Requires Approvals Subdivision Approval Town Code Chapter 190 Location: 1 Durham Road District: R-30 Project Description 4 lot sub-division Application No. 3 Case No. 298 851 Fenimore Road Winged Foot Golf Club Public Hearing Required Approval(s) Site Plan Approval Town Code Chapter 177 Location: 851 Fenimore Road District: REC Project Description renovation to pool area Application No. 4 Case No. 299 2500 Boston Post Road MB Larchmont, New York Pepe Porsche Public Hearing Required Approval(s) Site Plan Approval Town Code Chapter 177 Location: 2500 Boston Post Road District: B Project Description auto dealership Application No. 5 Case No. 300 75 Howell Avenue 75 Howell Avenue subdivision Consideration Required Approval(s) Subdivision Approval 1 Town Code Chapter 190 Location: 75 Howell Avenue District: R-15 Project Description 2 lot subdivision Application No. 6 Case No. 301 2155 Palmer Avenue Acura Public Hearing Required Approval(s) Site Plan Approval Town Code Chapter 177 Location: 2155 Palmer Avenue District: B Project Description auto dealership Application No. 7 Case No. 302 1265-1275 Boston Post Road PETCO Public Hearing Required Approval(s) Special Permit Renewal Town Code Chapter 144 Location: 1265-1275 Boston Post Road District: B Project Description retail sale of small pets, pet food and supplies as well as grooming, training and care, including limited veterinary services Application No. 8 Case No. 303 1262 Boston Post Road Village Square BagelPublic Hearing Required Approval(s) Special Permit Renewal Town Code Chapter 144 Location: 1262 Boston Post Road District: B Project Description sale, service and consumption of food Roll Call. Present: Marc Rosenbaum, Chairman, John Ortiz, Edmund Papazian, Ellen Dunkin, George Roniger, Stephen Marsh Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel, Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant, Abby Katz, Town Board Liaison. Absent/Excused: Virginia Picciotto. CALL TO ORDER 2 The meeting was called to order at 8:07P.M. MINUTES Motion: To approve the minutes of June 13, 2012 with technical correction. Action: Approved Moved by George Roniger, seconded by John Ortiz . Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto Motion: To approve the minutes of June 25, 2012 Special meeting with technical corrections. Action: Approved Moved by John Ortiz, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4, Absent 3). Yes: Ellen Dunkin, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Abstain: Edmund Papazian, George Roniger Absent: Virginia Picciotto. The applications were taken out of order. Application No. 1 Bonnie Briar Country Club The applicant requested an adjournment. Application No. 2 1 Durham Road The applicant requested an adjournment. Application No. 7 1265-1275 Boston Post Road PETCO Public Hearing Joseph Di Salvo, the applicant's attorney, and Ulises Lagares the manager of PETCO addressed the Board. Mr. Di Salvo stated that everything is to remain the same as previously permitted. Mr. Carpaneto stated that there are no violations, Mr. Rosenbaum noted that there was a problem with trash in the beginning but, Mr. Di Salvo stated that the problem had been addressed. Motion: To open the public hearing non pro tunc 3 Action: Approved Moved by Ellen Dunkin, Seconded by John Ortiz. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto 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 = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto Motion: To approve the Special Use Permit Renewal Action: Approved Moved by John Ortiz, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto SPECIAL USE PERMIT RENEWAL- PETCO, 1275 Boston Post Road WHEREAS, PETCO Animal Supplies, Inc. ("PETCO" or the "Applicant"), submitted an application for a Special Use Permit Renewal for use of the premises at 1265-1275 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Lot 449 for use for retail sale of small pets, pet food, pet supplies as well as pet grooming, training and care, including limited veterinary services; and WHEREAS, Section 240-30.B of the Code of the Town of Mamaroneck (the "Town Code") lists "Veterinary Hospitals, boarding and care of small pets" is a special permit use; and WHEREAS, a Public Hearing was held on July 11, 2012, pursuant to notice required by Chapter 144 of the Town Code; and 4 WHEREAS, this is a Type II action having no significant impact on the environmental pursuant to 6 NYCRR§ 617 et seq. and, accordingly, no further action under SEQRA is required WHEREAS, the Planning Board has considered the application for the Special Use Permit, 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. NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in 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, as limited by the conditions set forth herein, 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, as limited by the conditions set forth herein 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. There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck on the subject property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the applicant for a Special Use Permit for pet grooming, pet training and limited veterinarian services, subject to the following terms and conditions: 1. There will be a "NO LEFT TURN" sign posted at the parking lot exit. 2. Veterinary services will be permitted but no surgeries will be performed on site. 3. There will be no boarding of animals on site. 4. Trash will be stored in the existing garbage enclosure, which will be refurbished to the reasonable satisfaction of the Director of Building and shall be kept covered. 5. The delivery schedule shall be as follows; Monday through Friday 8:00 a.m. — 6:00 p.m. and Saturday 9:00 a.m.- 6:00 p.m. 6. Deliveries shall be permitted to the front door only. 5 7. The Hours of operation shall be 9a.m. —9p.m. Monday through Saturday; 10a.m— 7p.m Sunday. 8. The air conditioning unit shall be installed in accordance with plan prepared by SBLM Architects, as last revised on August 9, 2010. 9. The fence enclosing the existing air conditioning unit shall be self-closing and self-latching to ensure proper closure, to the reasonable satisfaction of the Director of Building. 10. Sound baffling and screening wall shall be installed behind the proposed air conditioning unit to be built to the reasonable satisfaction of the Director of Building. 11. The noise of the proposed air conditioning unit shall be no greater than the current unit at 82 decibels. 12. This Special Use Permit shall expire after two (2) years. 13. This Special Use Permit is subject to termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. This decision shall be filed with the Town Clerk. Application No. 8 Case No. 303 1262 Boston Post Road Village Square Bagel Public Hearing Motion: To open the public hearing Action: Approved Moved by John Ortiz, Seconded by Edmund Papazian. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto John Mercaldi, on behalf of the applicant addressed the Board asking to renew his special use permit and stating that nothing is being changed. Mr. Carpaneto stated that there are no violations. 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 = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto 6 Motion: To approve the Special Use Permit Renewal Action: Approved Moved by George Roniger, Seconded by Stephen Marsh. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto SPECIAL USE PERMIT RENEWAL —VILLAGE SQUARE BAGELS WHEREAS, Village Square Bagels submitted an application for a Special Use Permit Renewal for use of the premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 as a restaurant for the sale, services and consumption of food; and WHEREAS, a Public Hearing was held on July 11, 2012 pursuant to notice; and WHEREAS, Planning Board has considered the application for renewal of the Special Use Permit, 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; and WHEREAS, this is a Type II action having no significant impact on the environmental pursuant to 6NYCRR§ 617 et seq. and, accordingly, no further action under SEQRA is required. NOW, THEREFORE, BE IT 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. 7 2. The operations in connection with the Special Use Permit Renewal 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 Renewal. 3. The proposed Special Use Permit Renewal 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. NOW, THEREFORE, BE IT RESOLVED, that this Board APPROVES the application of Village Square Bagels. for the renewal of a Special Use Permit Renewal for a restaurant for the sale, service and consumption of food subject to the following terms and conditions: 1. The hours of operation shall be from 6:00 a.m. to 9:00 p.m. seven (7) days a week. 2. Seating capacity will be limited to nineteen(19) seats 3. Village Square shall continue to utilize the filtering device currently in place to reduce, to the extent practicable, the discharge of seeds and other by-products of its operations into the Town's sewer lines. 4. Village Square Bagels shall cooperate with the Director of Building in making any modifications to such filtering device as may be appropriate from time to time and to the extent practicable to maintain and/or improve its effectiveness or, if appropriate in the sole judgment of the Director of Building, to remove such device subject to applicable Federal, State and local regulations. 5. This Special Use Permit shall expire after two (2) years. 6. This 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 240-30 of the Zoning Code of the Town of Mamaroneck. This decision shall be filed with the Town Clerk. Application No. 3 Case No. 298 851 Fenimore Road Winged Foot Country Club Public Hearing Continuation of public hearing Mr. McCullough of McCullough, Goldberger and Staudt the applicant's attorney, Andrew Wilson the applicant's architect, and Collin Burns, the manager of the Club addressed the Board. 8 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: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto Mr. McCullough, stated that they received approval from the Coastal Zone Management Commission ("CZMC") in a letter dated 7/11/2012 entered into the record and marked Exhibit 1. He further stated that they also received approval from the Board of Architectural Review ("BAR") with respect to the lighting. Joe Cemele, of Kellard Designs, addressed the Board's concerns, stating that he had a meeting with Town staff regarding the proposed storm water mitigation. As a result they have added a 10% reduction for the 100 year storm, and added green practices such as, creating storm water planters and proposing permeable pavers in two areas. The area around pool will remain concrete and the overall increase in added surfaces is 6,000 square feet impervious and 4500 square feet permeable. In discussion with the applicant the Department of Environmental Conservation; and Mr. Rosenbaum stated that for the record a site visit was requested at the last meeting and Mr. Rosenbaum, Ms. Dunkin, Ms. Hochman, Mr. Ortiz, Ms. Paul, and Ms. Brill visited the site together July 12, 2012. Mr. Papazian asked about inspections of the storm water management system and Mr. Cemele responded that inspections will be conducted every 3 months for the first year, to give a better idea as to how often it must be done to be maintained. The removal of trees was discussed, Mr. Burns stated that two of the trees proposed to be removed trees may remain. There were no public questions or comments. Mr. Rosenbaum requested a Resolution be prepared. Mr. Oliveri stated that he requires a final submittal to review. The matter was adjourned to August 8, 2012. Application No. 4 Case No. 299 2500 Boston Post Road MB Larchmont, New York Pepe Porsche 9 Public Hearing Continuation Donald Mazin, the applicant's attorney, addressed the Board, stating they responded to the Town's engineering comments. Mr. Oliveri stated that he reviewed the plan and revised calculations and is OK with the increase to pervious areas. Ms. Hochman stated that SEQR is not required because it is a Type II action. The Board of Architectural Review (BAR") approved the facade and signage April 16, 2012. There were no public questions or comments. Plantings will remain essentially the same and one new bed will be added as shown on the plan. 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 = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto Motion: To approve the Site Plan Amendment Action: Approved Moved by John Ortiz, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto Site Plan Amendment On motion of John Ortiz seconded by George Roniger the site plan application of MB Larchmont, New York, Pepe Porsche (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by vote of 6-0. WHEREAS, the Applicant submitted an application to amend the site plan (the "Application") for an automobile dealership located at 2500 Boston Post Road, Mamaroneck, NY and known on the Tax Assessment map of the Town of Mamaroneck as Block 503, Lot 123 (the "Property"); and 10 WHEREAS, the property is located in the SB — Service Business District; and WHEREAS, the property is used for an automobile; and WHEREAS, the Applicant proposes to construct an addition to the building and reconfigure the parking lot; and WHEREAS, in connection with the proposed construction, on April 25, 2012, the Town of Mamaroneck Zoning Board of Appeals approved area variances for building coverage and front yard setbacks in accordance with the following plans S1.0 dated March 7, 2012 and LO-1 dated February 14, 2012; and WHEREAS, the Board of Architectural Review (the "BAR") reviewed and approved the proposed construction at its meeting on April 16, 2012; and WHEREAS, on May 1, 2012, the Application was referred to the Department of State, the City of New Rochelle, and the Westchester County Planning Board. WHEREAS, after publication of notice, the Planning Board held hearings for the application June 13 and July 11, 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 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 Application will not result in an increase to stormwater runoff; 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 there will be no visual impacts because no new compliant lighting fixtures are proposed and the structure will not be increasing by 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 discernible 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 n. 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 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: Plan entitled "Pepe Porsche" — Site Plan" prepared by Joseph R. Crocco Architects, sheets S1.0, dated March 7, 2012 and S1.1, dated March 7, 2012, last revised on June 14, 2012; A1.2, dated May 1, 2012 and A2.1, dated May 1, 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. 3. All applicable county, state and regional permits, shall be obtained prior to the issuance of any Town permits. In event that such permit(s) requires 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 — 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 trees 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. There shall be no new light fixtures installed on the property. This decision shall be filed with the Town Clerk. Application No. 5 Case No. 300 75 Howell Avenue 12 Jan Gould, the applicant's architect, and the property owner Mr. Herst were present and addressed the Board, stating the applicant would like to subdivide his property and move into the smaller new house. Mr. Gould stated the property lends itself to a subdivision because both lots will be larger than required. They previously met with Mr. Carpaneto to determine that there is a buildable area on the property. There is an existing tennis court on the neighbors property that is grandfathered. Old Weaver Street was discussed. Mr. Carpaneto stated that the Town plows the street. Ms. Paul asked about street access, Mr. Gould responded that Howell Avenue would be preferable. Mr. Oliveri stated that that a plan showing the footprint of the house and the driveway cuts is required as well as a survey showing current conditions and demonstration of the detention of the 100 - year storm. Mr. Gould stated they were here to make a preliminary presentation and will return with all the required documentation. He asked if the applicant could return for a public hearing in August. The matter was adjourned. Application No. 6 Case No. 301 2155 Palmer Avenue ACURA Public Hearing Motion: To open the public hearing Action: Approved Moved by John Ortiz, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto Jonathan Villiani, the applicant's architect, addressed the Board to explain the application. Mr. Oliveri stated that an existing condition survey is required. Mr. Carpaneto checked the required parking and stated they meet the requirements. The Board discussed the application. There were no questions or comments from the public. Mr. Rosenbaum requested a draft resolution be prepared. 13 The matter was adjourned to August. ADJOURNMENT Motion: To adjourn the meeting at 9:05P.M. Action: Approved Moved by Ellen Dunkin, Seconded by John Ortiz. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh. Absent: Virginia Picciotto Minutes prepared by Francine M. Brill Planning Board Secretary 14