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HomeMy WebLinkAbout2010_09_14 Planning Board Minutes AGENDA TOWN OF MAMARONECK PLANNING BOARD SEPTEMBER 14, 2010 8:00 P.M. Held in Conference Room C of the Town Center MINUTES Application No. 1 Case No. 276 19 Avon Road Subdivision Public Hearing Required Approval(s) Subdivision Approval Town Code Chapter 190 Location 19 Avon Road District R-15 Project Description Subdivision Application No. 2 Case No. 282 Bonnie Briar Country Club Public Hearing Required Approval(s) Site Plan Amendment Town Code Chapter 177 Location 808 Weaver Street District Recreation Project Description Pitch and Putt Practice area Application No. 3 Case No. 286 William Maker Town Board Referral Public Hearing Required Approval(s) amend zoning ordinance Town Code Section 240-92B Location District Project Description "proposed" local law regarding off street parking Application No. 4 Case No. 287 Nordone and Sons Public Hearing Required Approval(s) Special Use Permit Renewal Town Code Section240-60 to 240-65 and Section 240-30B Location 2430 Boston Post Road District B Business Project Description auto body repair shop 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 14, 2010 IN CONFRENCE ROOM C, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order at 8:05 p.m. OvE Members Present: Marc Rosenbaum, John Ortiz, Edmund Papazian, Virginia Picciotto, George Roniger Absent/Excused: C. Alan Mason, Ellen Dunkin. Also Present: Ronald Carpaneto, Director of Building, Kevin G. Ryan, Counsel, James Natarelli P.E., Consulting Engineer, Elizabeth Paul, Environmental Planner. Recording Secretary: Francine M. Brill Mr. Rosenbaum thanked Mr. Ortiz and Dr. Mason for stepping in and chairing the meeting last month. MINUTES OvE Motion: To approve the Minutes of May 12, 2010 Action: Approved Moved by John Ortiz, Seconded by Virginia Picciotto. OvE Vote: Motion passed (summary: Yes = 4, No = 0, Abstain= 1). Yes: George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Abstain: Edmund Papazian. Absent: C. Alan Mason, Ellen Dunkin. The minutes of August 11, 2010 were tabled. The applications were taken out of order. Application No. 4 Case No. 287 Nordone and Sons 2430 Boston Post Road Jim Li Vecchi and Sam Nordone addressed the Board. 2 OvE Motion: To open the public hearing Action: Approved Moved by Virginia Picciotto, Seconded by George Roniger. OvE Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Edmund Papazian, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Absent: C. Alan Mason, Ellen Dunkin. Mr. Li Vecchi stated that they are not asking for any changes. Mr. Carpaneto, stated that there are no violations on site, but the BAR brought up the parking of vehicles on the paper street Van Gilder. Mr. Nordone stated that he cleaned the area and has been trying to purchase it from the Town. The Board discussed the application. There were no questions or comments from the public. OvE Motion: To close the public hearing Action: Approved Moved by John Ortiz, Seconded by George Roniger. IVE Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Edmund Papazian, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Absent: C. Alan Mason, Ellen Dunkin. OvE Motion: To approve the Special Permit Renewal Action: Approved Moved by John Ortiz, Seconded by Virginia Picciotto. IVE' Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Edmund Papazian, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Absent: C. Alan Mason, Ellen Dunkin. As Secretary of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held on September 14, 2010. SPECIAL USE PERMIT RENEWAL—NORDONE &SONS AUTO BODY, INC. 3 WHEREAS, Nordone & Sons Auto Body, Inc. submitted an application for a Special Use Permit Renewal for use of the premises at 2430 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 421 to perform auto body and fender repair; 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. WHEREAS, a Public Hearing having been held on September 14, 2010 pursuant to notice; and WHEREAS, the Planning Board having considered the application for the Special Use Permit Renewal, the plans and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, comments of the Consulting Engineer to the Town and having 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 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 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. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Nordone & Sons Auto Body, Inc. for a Special Use Permit Renewal for an automobile repair facility performing auto body and fender repair at the premises located at 2430 Boston Post Road subject to the terms and conditions set forth below: 1. Services on the premises shall be limited to auto body and fender repair. No repairs requiring breakdown of the motor, transmission or universal joint shall be permitted. Repairs to the electrical system shall not be performed, except as related to accidents and loss. 2. All heavy work shall be done on the upper level and only sanding, painting, polishing and reassembly of vehicles shall be performed on the lower level. 3. The applicant agrees to provide and maintain the pollution control services and activities as previously set forth in a memorandum from the Coastal Zone Management Commission, dated December 5, 1990, and such activities shall constitute conditions of this Special Permit. 4. Hours of operation shall be from 8:00 a.m. to 7:00 p.m. Monday through Saturday. However, drop-off and pickup shall be permitted outside of these hours. 5. No noise emanating from inside the building shall be audible outside the building 4 and there shall be no externally audible public address system, bullhorns or walkie- talkies on the premises. 6. All lights, except for security lighting, shall be turned off when the premises are vacated for the evening. 7. All lights for the driveway and parking area shall be directed towards the building. 8. All doors shall be kept closed while work is in progress, except for times when the vehicles are moving in and out of the building. All work shall be performed inside the building. 9. The applicant shall maintain and use reasonably available odor control technology. 10. The applicant shall promptly furnish current copies of all required permits and renewals or replacements thereof to the Building Department in the event that any permit is revoked or lapses, for any reason. 11. The applicant shall use a containment tracking material in the exterior drains ("pig mat"or equivalent) and to have the mats collected by an approved toxic waste removal company. In addition, the application shall place a small piece of absorbent material in the interior floor drain to collect any pollutants before they enter the sanitary sewer system. 12. The applicant shall maintain all necessary permits from the Westchester County Department of Health and the New York Department of Environmental Conservation relating to air pollution emissions, waste disposal and spray painting processes. 13. 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 240-31 of the Zoning Code of the Town of Mamaroneck. 14. This Special Use Permit shall expire after two (2)years. Application No. 1 Case No 276 19 Avon Road The Board adjourned the matter to October 13, 2010. OvE Application No. 2 Case No. 282 Bonnie Briar Country Club Mr. Ortiz recused himself. Leo Napier of Friedman, Harfenist, Kraut&Perlstein LLP,- requested a postponement to await Mr. Kraut's arrival. The Board postponed the matter. OvE Application No 3 Case No. 286 William Maker Town Board Referral The Board discussed the language of the draft advisory opinion, and made certain suggestions that they requested Mr. Ryan include in the final document. IVa Motion: To transmit the report and recommendations of the Board to the Town Board Action: Approved Moved by John Ortiz, Seconded by George Roniger. ovm Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Edmund Papazian, George Roniger, John Ortiz, Marc Rosenbaum, New member, Virginia Picciotto. Absent: C. Alan Mason, Ellen Dunkin. Mr. Rosenbaum stated the advisory opinion is needed for the Town Board meeting Wednesday September 15, 2010 and gave Ms. Brill permission to sign the Board members names to the document. ovm Application N. 2 Case No. 282 Bonnie Briar Country Club Jonathan Kraut the applicant's attorney stated that he, Dave Heatwole, and Mike McGarvey are available to answer all questions and concerns of the Board. Mr. Kraut stated that they have been working to address concerns of the neighbor, as the Board requested. Based on conversations with the Kaplans, he feels that they have worked out a plan. The changes are shown in red on plan. The Board discussed the proposed changes to the plan. Mr. Natarelli the consulting engineer stated that Roltfeld Associates reviewed the plan and found it to be acceptable as to engineering. Ms. Paul stated that she was concerned with the four foot fence excluding the passage of wildlife. It was suggested that the fence be a three rail split rail fence. The Board discussed the plan and conditions required to be added to the draft resolution. The applicant's engineer, Mr. into the record clauses and conditions to be included in an approval resolution. IVa Mr. Carpaneto read the changes on plan and stated that they properly reflected the changes agreed upon by the applicant, the owner of 1 Cornell Street, and Planning Board. 6 There were no further questions or comments from the public. IVa Motion: To close the public hearing Action: Approved Moved by George Roniger, Seconded by Virginia Picciotto. OvIN Vote: Motion passed (summary: Yes = 4, No = 0, Abstain= 1). Yes: Edmund Papazian, George Roniger, Marc Rosenbaum, Virginia Picciotto. Abstain: John Ortiz. Absent: C. Alan Mason, Ellen Dunkin. OvIN Motion: To approve the Negative Declaration Action: Approved Moved by George Roniger, Seconded by Virginia Picciotto. Vote: Motion passed (summary: Yes = 4, No = 0, Abstain= 1). Yes: Edmund Papazian, George Roniger, Marc Rosenbaum, Virginia Picciotto. Abstain: John Ortiz. Absent: C. Alan Mason, Ellen Dunkin. Note: the full resolution approving the Negative Declaration and the accompanying SEQRA Notice of Determination will be filed with the Town Clerk. OvIN Motion: To approve the requested Site Plan Amendment, as modified. Action: Approved Moved by Virginia Picciotto, Seconded by Edmund Papazian. OvIN Vote: Motion passed (summary: Yes = 4, No = 0, Abstain= 1). Yes: Edmund Papazian, George Roniger, Marc Rosenbaum, Virginia Picciotto. Abstain: John Ortiz Absent: C. Alan Mason, Ellen Dunkin. 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 of the Town of Mamaroneck at the meeting held on September 14, 2010 On motion of Ms. Picciotto seconded by Mr. Papazian, the application of Bonnie Briar Country Club (the "Applicant") for approval of a site plan amendment was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of 5 —0 with one abstention. WHEREAS, the Applicant submitted an application for site plan approval (the "Application") to construct a pitch and putt practice area at Bonnie Briar Country Club located at 808 Weaver Street and known on the Tax Assessment map of the Town of 7 Mamaroneck as Block 225, Lot 1.1 (the "Property"); and WHEREAS, the Property is located in the Recreation District; and WHEREAS, the Application proposes to remove 77 trees from the Property in order to construct a new pitch and putt practice area north of the tennis courts, adjacent to residential property located at the intersection of Weaver and Cornell Streets; and WHEREAS, the Environmental Planner for the Town of Mamaroneck has determined that of the 77 trees proposed for removal, 8 of the trees are dead, 35 are in poor condition and 35 are in fair condition; and WHEREAS, the Applicant has proposed to replace the trees to be removed with 48 trees and 60 native shrubs and grasses to provide screening and wildlife habitat; and WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on May 25, 2010 and found the proposal to be neither consistent nor inconsistent with the policies of the Local Waterfront Revitalization Plan; and WHEREAS, in accordance with a recommendation by CZMC, the applicant agreed to substitute native shrub species for the non-native shrubs originally proposed; and WHEREAS, the Town's consulting engineer reviewed the proposed grading and drainage changes and determined that they are in compliance with the Code of the Town of Mamaroneck; and WHEREAS, after publication of notice, this Board has held public hearings for the application on July 14, 2010, August 11, 2010, and September 14, 2010; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the reports and comments of the Town's consulting engineer; and has heard interested members of the public; and WHEREAS, the Board finds that the Application will not generate additional traffic because the pitch and putt practice area is designed for existing members and not anticipated to increase pedestrian or vehicle traffic on Weaver Street; and WHEREAS, the Board finds that the Application will not result in additional storm water runoff because no new impervious surfaces will be created; and WHEREAS, the Applicant has represented that there will be no new lighting installed on the Property in connection with this Application; and WHEREAS, the Board finds that the incremental noise generated by the Application will be minimal; and 8 WHEREAS, the Applicant has undertaken to restrict the hours of operation for the proposed pitch and putt practice area from 7:00 a.m. to dusk; and WHEREAS, the Applicant has represented that it will install and maintain an irrigation system sufficient to maintain plantings as required under the approved Site Plan (hereinafter defined) and has agreed make all modification to the irrigation system of the abutting property located at 1 Cornell Street to the extent required pursuant to said Site Plan; 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 Code of the Town of Mamaroneck(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 Board determined that this is a Type 1 Action under SEQRA and MEQR, Sec. 92-3 of the Code of the Town of Mamaroneck; and WHEREAS, the Planning Board declared its intent to be Lead Agency for purposes of environmental review under SEQRA; and WHEREAS, the Planning Board reviewed Part 1 of the Full 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 by Resolution of this date that the Application did not have the potential to result in significant adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED, 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: Bonnie Briar Country Club, Larchmont, New York, Putting Green & Chipping Green Layout, Site Plan= Grading & Drainage, dated and revised: April 8, 2010, June 8, 2010, June 21, 2010 revised September 8, 2010 and last revised September 14, 2010 (the "Site Plan"). Bonnie Briar Country Club, Larchmont, New York, Putting Green & Chipping Green Layout, Soil Erosion & Sediment Control Plan, dated April 8, 2010 and revised August 4, 2010. 9 BE IT FURTHER RESOLVED that the Board APPROVES the Application of a Site Plan Amendment to construct a pitch and putt practice area located at the Property subject to the following terms and conditions: BE IT FURTHER RESOLVED that this Board APPROVES the application of a Site Plan Amendment to construct a pitch and putt practice area located at the Property 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. 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. 3. Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Director of Building prior to any site disturbance. 4. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer for approval prior to commencing site work. The Applicant shall notify — in person—the Town 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. 5. Applicant shall furnish an "as built" survey when site work is completed. 6. 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. 7. The hours of operation for the pitch and putt practice area shall be 7:00 a.m. until dusk, every day. 8. There will be no outdoor lighting installed on the Property. 9. Applicant will comply with all applicable regulations with respect to the application of herbicides, pesticides and fertilizers. 10. In order to ensure that all landscaping is installed pursuant to the conditions of this resolution and the plans incorporated herein, prior to the issuance of any Town permits, Applicant shall furnish to the Town a completion bond in an amount to be established by the Director of Building to be held for a period of one year from the date of the issuance of a letter of completion by the Director of Building. 10 11. Applicant shall, at its sole cost and expense, install and maintain an irrigation system sufficient to maintain all plantings as required under the approved Site Plan and shall make all modifications to the irrigation system located on the abutting property located at 1 Cornet Street to the extent required pursuant to the approved Site Plan. Vote: In Favor: Rosenbaum, Papazian, Roniger, Picciotto Against: Recused: Ortiz This decision shall be filed with the Town Clerk. Mr. Rosenbaum thanked both Bonnie Briar Country Club and the Kaplan's for their cooperation stating it has made the Boards job easier. On motion duly made the meeting was adjourned at 9:32 p.m. Minutes Prepared by Francine M. Brill Planning Board Secretary 11