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HomeMy WebLinkAbout2014_07_09 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 9,2014, HELD IN CONFERENCE ROOM C, OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK Roll Call. Present:John Ortiz, Ellen Dunkin, George Roniger, Stephen Marsh, Ira Block, Ralph M. Engel, alternate, Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel, Elizabeth Paul, Environmental Consultant,James Naterilli, Consulting Engineer. Absent/Excused: Edmund Papazian, Elizabeth Cooney,Jaine Elkind-Eney,Town Board Liasion. CALL TO ORDER The meeting was called to order at 8:00 P.M. MINUTES Motion: To approve the minutes of June 11, 2014 with technical corrections. Action:Approved Moved by Ira Block,Seconded by Stephen Marsh. Vote: Motion passed (summary:Yes=5, No=0,Abstain = 1). Yes: Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh. Abstain: Ralph M. Engel, alternate. The applications were taken out of order 4. 1265 Boston Post Road PETCO Consideration Joseph A. DiSalvo, of Nobile, Magarian & Di Salvo, LLP., the applicant's attorney, addressed the Board. The store manager was also present. The applicant is seeking a renewal of the Special Use Permit. Mr. Carpaneto stated there are no complaints or violations. Mr. Ortiz questioned the absence of the "No Left turn" sign on Boston Post Road Mr. DiSalvo, stated that it was unclear who was responsible to place the sign (i.e,the applicant or the Town). He stated that as far as he knows there have been no accidents at the site. The Board discussed the application and the implications of the "No Left Turn" prohibition,which was imposed as a condition to the Special Use Permit. 1 Ms. Hochman stated that the traffic committee should be contacted. Mr. DiSalvo stated that he will discuss the placement of a sign with the property owner. The Board discussed renewing the Special Use Permit with or without the condition prohibiting left turns. The Board decided to temporarily extend the permit without the left turn prohibition, pending input from the Town traffic committee. The applicant will return on October 8th, 2014. The applicant was referred to the Traffic committee. Motion:To grant a temporary extension of the special use permit until October 8, 2014, striking the left turn prohibition, pending input from the Traffic Committee. Action:Approved Moved by Ralph M. Engel, alternate, Seconded by Ira Block. Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Ralph M. Engel, alternate, Stephen Marsh. 2. 87 Rockland Avenue Fineberg Public Hearing The applicant stated, and Secretary to the Planning Board confirmed,that all notifications have been made. Motion:To open the public hearing Action:Approved Moved by Ralph M. Engel, alternate, Seconded by George Roniger. Benedict Salinitro,the applicant's engineer addressed the Board. Mr. Ortiz stated the Board received letters from 4 neighbors in favor of the proposal which were entered in the record and marked Exhibit 1-7/9/14. Mr. Salinitro stated he is here for a permit under the Wetlands chapter of the Town Code and that, they have been before the Coastal Zone Management Commission and before the Board. He stated that they responded to the CZMC and the neighbor's concerns. In response to such concerns, there is no longer a full basement planned; it is now an elevated super structure,with an open first floor to allow the 500 year flood to pass through without obstruction. Storm water attenuation design has accounted for the 100 year storm event. The roof pitch is now away from the river and runoff is being captured 2 with oversized gutters and run into an underground detention system. Three planted rain barrels are planned. Mr. Salinitro stated that the CZMC has no objection with the proposal. Mr. Naterilli stated that his office has reviewed and approved the plans. The Board discussed the proposal. Maintenance of the system was discussed. There were no public questions or comments. Mr. Block read a section of Chapter 114 D into the record. Mr. Salinitro requested the public hearing be closed and a resolution be prepared. Mr. Ortiz stated the public hearing will remain open, but directed counsel to prepare a draft resolution. The matter was adjourned to August 13, 2014. 3. 851 Fenimore Avenue Winged Foot Golf Club Consideration Darius P. Chafizadeh, of Harris Beach, PLLC, the applicant's attorney, addressed the Board. Mr. Chafizadeh, stated that application is a drainage improvement plan that has been before the Board previously. He stated that they are back because they have worked out the final agreement with the neighbor,the Glucksmans. The club will do the work on the golf course and the Glucksman's will use the same contractor and pay for the work on their property. The club is applying for a permit for all the work. The easement is almost finalized and will be presented when signed. Mr. Cemele, on behalf of the applicant, explained the change to the proposal, along the eastern corner of the Glucksmans' property. Ms. Hochman stated that this is a Type 1 action because it is located within a Critical Environmental Area. The proposal must go back before the Coastal Zone Management Commission. The applicant stated that work is proposed to start early September. Matter was adjourned to August 13, 2014. 5. 851 Fenimore Road Winged Foot Golf Club Consideration 3 Mr. Ortiz asked how the restoration will be addressed.. Mr. Carpaneto stated that the club received a violation notice. Mr. Carpaneto stated that Mr. Altieri, Ms. Paul, Mr. Burns and their attorneys had a meeting and Mr. Carpaneto stated that he was under the impression that the site was to be restored to what it was. Darius Chafizadeh addressed the Board stating that the club did receive Mr. Carpaneto's May 9, 2014 letter and had the meeting concerning the outstanding issues and subsequently the Town did issue a violation. Mr. Chafizadeh further stated that he understood that the violation would be held in abeyance for 3 months, allowing them to come before the Planning Board for the wetlands and watercourse permit, as submitted. He further stated that they appeared in on court June 24 and that the matter is held over to September. Mr. Cemele addressed the Board. He stated that in the fall of 2013 he met with the Mr. Carpaneto and Ms. Paul to discuss work to be done in the area of the east course. A follow up site visit was much delayed due to winter weather and heavy snow accumulations. Mr. Cemele submitted and explained photos, entered into the record. Ms. Paul stated she brought an aeriel photo taken after hurricane Sandy which shows how wooded and forested the site looked before the club took down the trees. The Board discussed the proposal. Ms. Paul and Ms. Hochman commented that the application appeared to request legalization for the work done without a permit. Mr. Carpaneto stated the Town has required the applicant to restore the site. .Mrs. Stiers, downstream neighbors of the club, stated that all the silt from the club flowed into their pond and Mr. Stiers asked the Board to expedite the process and let Winged Foot do what they need to do. Mr. Chafizadeh asked that a public hearing be scheduled. Mr. Ortiz stated that the Board could schedule a public hearing but will decide that night if they will continue with a consideration, or proceed to a public hearing. Mr. Cemele asked if they should go before the CZMC at the same time as the previous application, Ms. Paul responded yes. The Board discussed the Town Code and whether this should be a separate enforcement action by the Town. OLD BUSINESS 4 Mr. Ortiz asked if the Board members have any comments regarding the hours of construction.The Board discussed the hours of construction and whether it should be limited. Rock removal and hours were also discussed. EXECUTIVE SESSION Motion: To go into executive session to discuss pending litigation. Action:Approved Moved by Ellen Dunkin, Seconded by Stephen Marsh. Mr. Engel left the meeting. Motion:To go out of executive session Action:Approved Moved by Ellen Dunkin, Seconded by Stephen Marsh. ADJOURNMENT Motion:To adjourn the meeting at 10:10 P.M. Action:Approved Moved by George Roniger, Seconded by Ellen Dunkin. Minutes prepared by Francine M. Brill Planning Board Secretary. 5