HomeMy WebLinkAbout2012_09_12 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
SEPTEMBER 12, 2012 IN CONFERENCE ROOM C,TOWN CENTER
740 WEST BOATON POST ROAD
MAMARONECK, NEW YORK
AGENDA
Application No.1 Case No.293Bonnie 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
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.300 75 Howell Avenue 75 Howell Avenue subdivision Public Hearing
Required Approval(s) Subdivision Approval
Town Code Chapter 190
Location: 75 Howell Avenue
District: R-15
Project Description 2 lot subdivision
Application No.4 Case No.305 Bonnie Briar Country Club Public Hearing
Requires Approvals Wetlands and Water courses/Site Plan Amendment
Town Code Chapter 114&Chapter 177
Location: 808 Weaver Street
District: REC
Project Description site improvement to tee 17 and 18
Application No.5 Case No.306 Ritas Public Hearing
Required Approval(s) Special Use Permit Renewal
Town Code Sections 240-64 and 240-65
Location: 1262 Boston Post Road
District: SB
Project Description Ice Cream Store
Application No.6 Case No.304Pet Pantry WarehousePublic Hearing
Required Approval(s) Special Use Permit Renewal
1
Town Code Sections 240-64 and 240-65
Location: 2444Boston Post Road
District: SB
Project Description retail pet supply store
Application No.7 Case No.30750 Country Road Consideration
Requires Approvals Wetlands and Water courses
Town Code Chapter 114
Location: 50 Country Road
District: R-30
Project Description Maintenance to existing pond
Application No.8 Case No.308529 Weaver Street Consideration
Requires Approvals Subdivision Approval
Town Code Chapter 190
Location: 529 Weaver Street
District: R-15
Project Description 3 lot sub-division
Application No.9 Case No.309Majestic Glass&Mirrors Consideration
Required Approval(s) Special Use Permit
Town Code Sections 240-64 and 240-65
Location: 2423 Boston Post Road
District: SB
Project Description glass and mirror store
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,James Naterelli P.E.,
Consulting Engineer, Elizabeth Paul, Environmental Consultant,Abby Katz,Town Board Liason.
Absent/Excused:Virginia Picciotto, Kevin G. Ryan, Counsel.
MINUTES
The minutes were tabled.
The Chairman stated that the Applications would be taken out of order.
APPLICATION NO. 5 Case No.306 Ritas Public Hearing
Motion: To open the public hearing
Action:Approved
2
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.
Churdpong Kumpibal,the applicant, addressed the Board stating that he purchased the franchise from
the previous owner and found out he is required to have a Special Use Permit. There will be no changes
to the establishment.
Mr. Carpaneto stated there are no violations.
The Board discussed hours of operation, deliveries, and trash removal.
There were no public questions or comments.
Motion:To close the public hearing
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.
Motion:To approve the requested Special Use permit
Action:Approved
Moved by Edmund Papazian, 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.
SPECIAL USE PERMIT RENEWAL
Rita's Ice Cream Store
WHEREAS, Churdpong Kumpibal (owner of Rita's Ice Cream Store) 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 an Ice Cream Store;and
3
WHEREAS, the original Special Permit was granted to Ron Trucchio on September 10, 2008 and
was renewed on March 9, 2011; and
WHEREAS, Section 240-65 of the Code of the Town of Mamaroneck provides: "Should the
applicant at any time cease to conduct the use for which a permit has been granted, then any other
person, firm or corporation seeking to conduct said use at the same location must apply for a special
permit for said use"; and
WHEREAS, a Public Hearing was held on September 12, 2012 pursuant to notice;and
WHEREAS, the Planning Board considered the application for the Special Use Permit Renewal,
comments and responses to questions by the applicant, the reports and comments of Town's Director of
Building and heard interested members of the public;and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6
NYCRR§617 et seq.,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.
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.
3. The proposed Special Use Permit I 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.
BE IT FURTHER RESOLVED, that this Board APPROVES the application of Ron Trucchio (Ice Cream
Store) for a Special Use Permit Renewal for an Ice Cream Store subject to the following terms and
conditions:
1. The restaurant's hours of operation shall be from 6:00 a.m. to midnight, seven (7) days a
week.
2. The applicant shall regularly clean and maintain the garbage/trash can in the front of the
establishment.
3. This permit shall expire after two (2)years.
4. This Special Use Permit is subject to termination requirements set forth in Sections 240-64 and
240-65 and the use restrictions set forth in section 240-30C of the Zoning Code of the Town of
Mamaroneck.
4
5. Trucks used and controlled by applicant shall enter and exit from and to the Boston Post Road
only.
A building permit is required before any work can begin on the aforesaid application.
APPLICATION No.9 Majestic Glass&Mirrors Consideration
Henry Morocho, the applicant, addressed the Board, stating he has a glass and mirror shop, product is
ordered, stored on site and brought to customer's location to install. There is a small show room in the
front. No heavy work is done on premises. There is no use of chemicals, other than glass cleaner,
alcohol and some glue.
Board discussed the application.
The applicant stated that deliveries are by small van either on Boston Post Road or rear of shop. And
hours will be Monday thru Friday 8:30a.m. -5:00p.m..
Trash was discussed, a private carter will pick up trash which is mostly recycleable.
There were no public questions or comments.
The matter was adjourned to October 10, 2012 for a public hearing.
APPLICATION'S NO. 1, 2, 3 and 6 were adjourned to October.
APPLICATION NO.4 Case No.305 Bonnie Briar Country Club Public Hearing
John Ortiz recused himself as a member of Bonnie Briar Country Club.
Motion:To open the public hearing
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.
5
Benedict Salinitro,the applicant's engineer, addressed the Board stating that slight changes were made
to the plan and distributed to the Board tonight.
The project involves moving earth to create a new tee box on 17, redo the tee box on 18, eliminate the
existing green on 18, reconfigure the existing open water course, install a new water feature in the
wetland buffer.
There will be plantings along the side slope of the water feature.
Mr. Papazian asked if the water feature is ever dry, Mr. Salinitro responded that water comes from 9
Fairway and there is always a trickle of water 50%of the time it will be wet. The existing condition is
mostly dry.
Mr. Naterelli stated that the applicant has to quantify the disturbance, as to whether it is less then 10%.
Referrals were discussed (i.e. Scarsdale, Department of Environmental Conservation and the Army Corp
of Engineers)
Mr. Salinitro stated that the pipe needs to be changed because it is in bad shape that part of the project
is under 10%
Ms. Paul stated the 10% applies to the buffer.
On 17 the only disturbance will be replacement in kind.
There will be no work in channel.
Mr. Salinitro stated he will file with the DEC for a general permit and have a CZMC hearing,there will be
no net new impervious. He further stated that they would like to start construction October 15th, but
can't start without the DEC permit.
This is a Type 1 Action in the critical environmental area and requires a Negative Declaration.
Mr. Salinitro stated they are replacing grass with grass and replacing the drainage pipes. There is no
environmental impact it will just enhances the course, they are not building anything,the pathway is
being reconfigured,they are moving 2400 cubic yards of earth. Mr. Salinitro further stated that Bonnie
Briars Board of Directors focused on phase 1 hole and tee 17 first then phase 2 the 18th green.
The Board discussed the application.
There were no questions or comments from the public.
The matter was adjourned to October 10, 2012
Mr. Salinitro asked that a draft resolution be prepared. Ms. Hochman stated she needs the CZMC letter
and the DEC info in order to do a draft.
6
Ms. Paul asked for a site visit to be scheduled.
APPLICATION NO. 7 CASE NO.307 50 Country Road
William Lachenauer addressed the Board, stating currently the main tributary from Winged Foot Golf
Club ("WFGC") has filled the pond with silt. Mr. Lachenauer stated that WFGC will take the sediment be
removed from the pond back to the course. He further stated that they intend to block off 2 outlet
pipes, excavate the material and coordinate with WFGC for the removal.
They intend to regrade the pond as recommended bythe Department of Environmental Conservation
("DEC").
Mr. Lachenauer stated he sent notification to the DEC and then to the ACoE.
Mr. Rosenbaum asked for something in writing from WFGC.
Mr. Lachenauer asked the Board to schedule a public hearing.
The Pond is located on two properties,the Stiers are funding the entire project, Mr. Rosenbaum asked
that a letter from the neighbor involved be put in the record.
James Naterelli, stated that he requires a survey of existing conditions, and questioned when the work
should be done stating it should be done in dry weather preferably. Also a tabulation of the water
course disturbance must be included on the plan.
Mr. Lachenauer responded that they can't predict storms but will do the best they can.
The Board discussed the application,the route the dredged material will take to Winged Foot, the
cleaning of the route of any material
Ms. Paul asked what will be done with fish in the pond, Mr. Lachaneuer responded that they must
address the wildlife, possibly the fish can be moved to the golf course.
The matter is referred to the CZMC
The matter is adjourned to a public hearing October 10, 2012.
APPLICATION NO.8 Case No. 308 529 Weaver Street Consideration
Michael Charitou, addressed the Board would like to subdivide the parcel into 3 lots. Presently there is
one house and one preexisting nonconforming accessory building. Both of the present structures are to
be demolished.
7
Mr. Rosenbaum would like a site visit.
The driveway entrances were discussed,the possibility of a shared driveway was discussed rather than
three separate.
James Naterelli stated a survey, plan layout, subdivision plat plan, stormwater calculations, sanitary and
water services,gas and electric are required.
A presubmission conference and peer review was suggested.
The Board discussed the application.
There were no questions or comments from the public.
The matter was adjourned to October
ADJOURNMENT
Motion:To adjourn the meeting
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.
Prepared by
Francine M. Brill
Planning Board Secretary
8
9