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HomeMy WebLinkAbout2019_04_10 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD IN CONFERENCE ROOM C OF THE TOWN CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK APRIL 10, 2019 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira Block, Ron Mandel Also Present: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning Board, Elizabeth Aitchison, Environmental Planner, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison CALL TO ORDER The meeting was called to order at 7:00 P.M. Mr. Engel stated the June Planning Board meeting will be the June 5th, not the 12th, and that applications will be taken out of order tonight. MINUTES The draft minutes of the March 13, 2019 meeting were discussed. Motion: To approve the minutes of March 13, 2019 Action: Approved Moved by Edmund Papazian seconded by Ira Block Yes: Ralph Engel, Chairman, Edmund Papazian, Ira Block, Ron Mandel Abstain: Elizabeth Cooney 1262 BOSTON POST ROAD -VILLAGE SQUARE BAGEL - SPECIAL USE PERMIT RENEWAL - Public Hearing Donald Mazin, the applicant's attorney, stated that they wish to renew the applicant's special use permit. Mr. Wasp stated there are no open violations. Motion: To open the public hearing Action: Unanimously approved Moved by Ira Block, seconded by Ron Mandel Yes: Ralph Engel, Chairman, Elizabeth Cooney, Edmund Papazian, Ira Block, Ron Mandel Mr. Engel stated that the Board is waiting for a traffic study and suggested an alternate location for the two Village Bagels trucks in the parking lot. Mr. Mazin responded that the landlord has instructed the applicant about where to park the trucks. The Board discussed a proposed condition related to the parking of Village Bagels trucks. 1 Mr. Engel read into the record the part of the resolution conditioning the placement of the trucks on the lot. A letter from Brixmor marked exhibit 1 4-10-19 was entered into the record. Public comments: Chris Derhammer-Hill stated that the trucks are a low turnover and by placing them on the side of the building he does not think it will improve traffic flow within the parking area. The Owner of Village Square Bagels stated that the landlord has assigned parking spots to the tenants. Mr. Wasp stated that he received a letter from Virginia Picciotto dated March 26, 2019 regarding trucks from Village Square Bagels entering and exiting Burton Road. The applicant stated that none of his trucks enter or leave the site via Burton Road. Motion: To close the public hearing Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Motion: To adopt the proposed draft resolution Action: Approved Moved by Edmund Papazian, seconded by Ron Mandel Yes: Ralph Engel, Chairman, Elizabeth Cooney, Edmund Papazian, Ron Mandel Abstain: Ira Block RESOLUTION Village Square Bagels, Inc. On motion of Edmund Papazian, seconded by Ronald Mandel, the Special Use Permit Renewal of Village Square Bagels, Inc. (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, with 1 abstention by Ira Block. WHEREAS, Section 240-30.C(2) of Code of the Town of Mamaroneck(the "Town Code") lists take- out food establishment as a specially permitted use in the B-R zoning district; and WHEREAS, on May 13, 1992,the Applicant was awarded a special use permit for use of the premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Section 4 Block 7 Lot 192 (the "Property") as a take-out food establishment in the B-R zoning district (the "Special Use Permit"); and WHEREAS, Section 240-64 of the Town Code states: "All special permits shall be issued for a period of no more than two years, and, upon the expiration of the two-year period, the applicant must apply for an extension of the special permit and demonstrate that there has been no change in circumstances in the area which would require the Planning Board to deny such extension"; and WHEREAS, on January 9, 2019 the Planning Board granted renewal of the Special Use Permit for the Applicant as well as Trader Joe's East Inc., both to expire on July 10, 2019 (collectively, the "Village Square Approvals"); and 2 WHEREAS, the Planning Board imposed a condition on the Village Square Approvals which required the Applicant and Trader Joe's to submit a report addressing concerns raised in a November 14, 2018 letter submitted on behalf of the Town of Mamaroneck Fire Department(the "TMFD Letter"); and WHEREAS, by letter to the Planning Board dated March 25, 2019 from the Applicant's attorney, a request was made to separate the Applicant's request for renewal of its Special Use Permit from the application of Trader Joe's East Inc. (the "VSB Special Use Permit Renewal Request"); and WHEREAS, the Planning Board determined that, other than by changing the almost continuous use by the Applicant, for its trucks, of two parking spaces along the Boston Post Road in the parking lot serving the shopping center in which the Applicant is located, which spaces would potentially be used by customers of the stores in that shopping center and thus improve the parking situation and, potentially, the traffic flow in that parking lot, the concerns raised in the TMFD Letter could not reasonably be dealt with by the Applicant; and WHEREAS, the VSB Special Use Permit Renewal Request was considered at the regularly scheduled and duly noticed Public Hearing by the Planning Board on April 10, 2019; and WHEREAS, the Planning Board has considered the VSB Special Use Permit Renewal Request as well as comments and responses to questions by the Applicant, the reports and comments of Town staff and the consulting Engineer to the Town and heard interested members of the public; and WHEREAS, the action is Type II pursuant the Section 92-8(16) 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 in accordance with Section 240-62 of the Town Code, this Board makes the following findings of fact, as limited by the conditions hereinafter set forth: A. That the proposed use is in general harmony with the surrounding area and shall not adversely impact upon adjacent properties due to the traffic generated by said use or the access of traffic from said use onto and off of adjoining streets. B. That the operations in connection with the special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of lights or other aspects than would be operations of any permitted use not requiring a special permit. C. That the proposed special permit use will be in harmony with the general health, safety and welfare of the surrounding area and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. D. That there are no existing violations of Chapter 240 of the Town Code on the Property. 3 BE IT FURTHER RESOLVED, that this Board APPROVES the renewal of the Applicant's Special Use Permit for continued use as take-out food establishment subject to the following terms and conditions: 1. The hours of operation shall not exceed 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. The Applicant 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. The Applicant shall cooperate with the Town Building Inspector 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 Building Inspector, to remove such device subject to applicable Federal, State and local regulations. 5. Access to all exits including, without limitation, the rear emergency exits shall be totally unobstructed, inside and outside the building, at all times. 6. The pathway behind the store, from the rear exit to and including the stairs leading from it, shall remain free and clear of all objects at all times, even temporarily, shall be totally unobstructed at all times, shall be kept free of snow and ice as if it were a sidewalk, and shall have nothing hanging from its railing. 7. This Special Use Permit Renewal shall expire on April 10, 2021. 8. This Special Use Permit Renewal is subject to the requirements set forth in Chapter 240, Article IX and the use restrictions set forth in Section 240-30 of the Town Code. 9. There shall be no parking of commercial vehicles associated with the specially permitted use of the Property except against the side of the building. a. In addition, for such period as Applicant operates two trucks, Applicant shall seek to have the owner of the shopping center designate,by the posting of readily legible signs, the two parking spaces along the side of the building closest to the dumpster enclosure as "Parking for Village Bagels Trucks Only". b. Within 30 days from the date hereof, Applicant shall submit to the Building Department evidence that the Property landlord has been notified of this condition. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. 2434 BOSTON POST ROAD -LARCHMONT CAR WASH - SPECIAL USE PERMIT RENEWAL - Public Hearing 4 Bret Makris, the manager of the car wash, stated that they wish to renew their special permit and there are no changes in the proposed use of the property. Mr. Wasp stated that there are no outstanding violations. The Board discussed the proposed conditions with the applicant, including one to address cars backing up onto Boston Post Road. The applicant accepted the Board's proposed conditions. Motion: To open the public hearing Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Chairman, Elizabeth Cooney, Edmund Papazian, Ira Block, Ron Mandel There were no public questions or comments. Motion: To close the public hearing Action: Unanimously approved Moved by Elizabeth Cooney, Seconded by Ira Block Motion: To approve the proposed draft resolution Action: Unanimously approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Vote: Ralph Engel, Chairman, Elizabeth Cooney, Edmund Papazian, Ira Block, Ron Mandel RESOLUTION LARCHMONT CAR WASH On motion of Edmund Papazian, seconded by Elizabeth Cooney, the Special Use Permit Renewal application of 2434 Boston Road Realty Corp. (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was unanimously adopted by a vote of 5 to 0 with no abstentions. WHEREAS, the Applicant submitted an application for the renewal of a Special Use Permit on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Parcel 326.1; and WHEREAS, the Town of Mamaroneck Planning Board (the "Planning Board") has determined that the proposed action is a Type II action and that, therefore, no further action is required under the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act; and WHEREAS, the Planning Board conducted a Public Hearing on April 10, 2019; and WHEREAS, the Planning Board has considered the application of renewal of a Special Use Permit, the plans and zoning report and environmental assessment completed by the applicant, comments and responses to questions by the applicant, the reports and comments of the Building Inspector and/or Consulting Engineer to the Town and any comments by interested members of the public. NOW, THEREFORE, BE IT RESOLVED that the Planning Board makes findings of facts as follows: 5 A. 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. B. The operations in connection with the Special Use Permit 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. C. 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. D. The property subject to this Special Permit has no existing violation of the Town of Mamaroneck Zoning Ordinance. E. The applicant has demonstrated that there has been no change in circumstances in the area, which would require the Planning Board to deny this request. BE IT FURTHER RESOLVED that this Board GRANTS this application for the RENEWAL of a Special Use Permit subject to the following terms and conditions: 1. There shall be no signage placed on the rear of the site. 2. No gasoline shall be sold at the site. 3. Maximum hours of operation shall be from 7:00 a.m. to 8:00 p.m. Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sunday. 4. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 5. All lights, except for security lighting, shall be turned off at the close of business. 6. All lights, including those for the driveway, shall be directed toward the building and away from neighboring properties, particularly the residential properties to the rear. 7. This Special Use Permit Renewal shall expire on April 10, 2020. 8. This Special Permit Renewal 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. 9. Re-installation of pavement markings shown on the approved site plan shall be made to the extent determined by the Town Engineer. 6 10. A licensed professional engineer shall complete an annual inspection of all onsite stormwater management systems, at the Applicant's expense. Such engineer shall prepare a report based upon the inspection findings detailing the condition and required system maintenance and shall submit for review and acceptance by the Town Engineer. Submittal of such maintenance inspection reports shall continue to be made annually on or before each April 30th. 11. The Applicant shall submit documentation to demonstrate the performance of necessary maintenance for the proper operation of the car wash water recovery and reuse systems. Maintenance records must be prepared and submitted by a competent individual having knowledge of the car wash mechanical systems to the satisfaction of the Town Engineer. Submittal of such maintenance inspection reports shall continue to be made annually on or before each April 30th. 12. Applicant shall ensure that the Property is operated and staffed to preclude cars backing up onto Boston Post Road. This decision hereby is certified as true and correct and shall be filed with the Town Clerk. 145 EAST GARDEN ROAD-RED GARDEN ROAD LLC -RESIDENTIAL SITE PLAN Public Hearing continued Mr. Engel stated that the Board received 3 letters from neighbors that raised various issues, including an allegation that one of the Board members expressed bias at the March Planning Board meeting. Mr. Engel asked Mr. Block if he could be impartial, to which Mr. Block responded he could. Mr. Block further stated that he went to the effort of listening to the recording of last month's meeting and is certain that his remarks and tone were not accusatory or hostile. Ms. Hochman asked Mr. Block if he has any business relationship with the applicant, financial interest in the outcome of the development or has pre judged this application. Mr. Block responded no to all. Mr. Engel stated that the Bendels' letter raised concerns regarding flooding, the placement of the AC units and the generator. The Michaels' letter voiced concerns regarding flooding and noise and the DerHammer-Hill's letter repeated the same concerns. Mr. Engel entered the three letters into the record. Mr. Engel stated that the Town Engineer and Consulting Engineer have reviewed the proposed drainage and erosion controls and have found them to be satisfactory and in compliance with applicable requirements. The placement of the AC unit and the generator was discussed. Mr. Marsh stated that two AC units were relocated to the front of the house and the remaining AC and generator are well within an as-of- right location. He further stated that the deck was reduced to satisfy the neighbor and he has also moved the mechanicals further from the property line. The Board members and the applicant discussed ways that the noise of the generator could be reduced by acoustical means, landscaping and location. Mr. Marsh stated that he will move the generator to the front yard and screen it. 7 Ms. Bendel stated that she is pleased that the generator and two AC units will be moved because in addition to the noise, the generator would be an eyesore. Mr. Engel restated that the generator will be moved to the front yard and screened and the AC units will remain as shown on the plan. Public Comments Richard Michaels of 24 Greystone stated that he has no objection to have the generator moved to the front. Scott Raved of 30 Stoneyside stated that anything in the rear yard would be onerous and he further stated his concerns that the erosion controls are not sufficient as the property is pitched towards the neighbors. Ms. Bendel stated that the subject property is higher than hers and water is pitched to flow onto her property and she asked for the retaining wall brought to the front. Mr. Engel stated that her letter said that she gets no water presently and the engineers have stated that the application complies with Town drainage and erosion requirements. Erosion controls were discussed. Mr. Salanitro stated that there is no proposed change to the topography, but if the wall is lengthened the rear portion will be higher. Karen Bendel stated that she has had problems of water flowing into her side yard and has installed cultecs and a retaining wall. Motion: To close the public hearing Action: Approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Yes: Ralph Engel, Chairman, Elizabeth Cooney, Edmund Papazian, Ira Block, Ron Mandel Abstain: Ira Block Mr. Engel requested Ms. Hochman to prepare and circulate a draft resolution for the next meeting. The matter was adjourned to May 8, 2019. 808 WEAVER STREET —BONNIE BRIAR COUNTRY CLUB-WETLANDS & WATERCOURSES PERMIT - Consideration Benny Salanitro, the applicant's engineer, explained the proposed maintenance plan for the watercourses and bridges. He further stated that CZMC made a finding of consistency. Mr. Salanitro supplied a wetlands narrative highlighting prioritized work and he invited the Board to walk the property to see the need. Mr. Engel stated that he understands the need for the repairs but suggested that plans should be presented to show how they will be prioritized and staged. Not all repairs will be completed in the 8 one year time frame of the Wetlands &Watercourses Permit and the applicant will likely need to come back after the expiration of the permit to request additional permits to complete the remaining maintenance work. Mr. Salanitro stated that the club is now in full swing and they would not start work until the club is closed for the season. Ms. Aitchison, will advise the Board regarding the environmental impact at the May meeting and she informed Mr. Salanitro that she needs additional information to complete the Environmental Assessment Form. Motion: To set a public hearing for May Action: Unanimously approved Moved by Ira Block, seconded by Edmund Papazian Yes: Ralph Engel, Chairman, Elizabeth Cooney, Edmund Papazian, Ira Block, Ron Mandel 1 BRIARCLIFF ROAD- RESIDENTIAL SITE PLAN AND WETLANDS & WATERCOURSES PERMIT - Consideration Michael Piccirillo, the applicant's architect, stated that they appeared before the CZMC and explained the proposal. He further stated that he is in the process of responding to comments from staff. Ralph Alfonzetti, the applicant's Engineer, stated that calculations were done as if for a vacant lot. They have planned two cul tecs, one on each side of the house and a rear rain garden. The site is within the flood plain and there will be flood vents in the house. Mr. Oliveri stated that the foundation is under the jurisdiction of the building inspector. Mr. Engel voiced concerns regarding the three gallon tubs proposed on the landscaping plan and suggested the height of the trees be taller for screening. Ms. Aitchison also asked that the height at planting of the evergreens be specific height on the street. Motion: To set the Public Hearing for May Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Edmund Papazian Yes: Ralph Engel, Chairman, Elizabeth Cooney, Edmund Papazian, Ira Block, Ron Mandel 43 MARBOURNE ROAD—ELITE REALTY TEAM LLC - SUBDIVISION &RESIDENTIAL SITE PLAN - Consideration Peter Catizone, the applicant's engineer, described the proposed subdivision and building plan. Each lot is just over 20,000 sq. feet and there are currently two curb cuts and both drives have retaining walls which they are proposing to keep. The plan is to maintain the WJWW water connection for one house and to try to utilize the public sewer if possible. Mr. Catizone further stated that the poplar trees will be preserved, if possible, and they will get an arborist's report as to their condition. The proposed cul tecs are oversized for the 100 year storm, but a portion of the driveway will continue to flow to the street. Mr. Engel asked if there will be a drain at the end of driveway. 9 Mr. Catizone stated that both homes will have permeable patios resulting in a decrease of 2000 sq. feet of impervious area. Mr. Engel asked for signed and sealed construction plan and Mr. Catizone responded he will correct the plans. Mr. Engel stated that a letter from the building inspector regarding zoning compliance is required. Rock removal was discussed, Mr. Catizone stated that there will be some removal as a full basement is proposed. Mr. Wasp asked for calculations of quantity and the proposed time frame required. Ms. Hochman explained the necessary referrals to County Health Department and WJWW. Mr. Engel stated their approval is required for the Board to proceed. Mr. Wasp stated that the Town will write a letter to the Health Department and will write a will serve letter. Mr. Charitou stated that there are presently two connections on the property. Ms. Hochman stated this is an unlisted action under SEQR and she recommended setting the public hearing on the preliminary layout with an expectation that there would be a subsequent public hearing on the final plat once the necessary certifications have been received from the Health Department and WJWW. The Board discussed setting a public hearing on the preliminary layout. Motion: To set the public hearing for May Action: Unanimously approved Moved by Ron Mandel, seconded by Ira Block Yes: Ralph Engel, Chairman, Elizabeth Cooney, Edmund Papazian, Ira Block, Ron Mandel OLD BUSINESS Jonathan Villani addressed the Board on behalf of ACURA to provide an update as to why the application is not moving forward. He stated that he is working on the truck turning radius, the landscaping plan, looking at the old resolution and trying to figure out how to bring the site into compliance. The Board discussed the outstanding violations such as parking on Larchmont Village streets, trucks unloading on Palmer Avenue and parking on the roof of the building. Mr. Engel suggested that an amended site plan be prepared to clear up all the violations. Mr. Villani stated that he wants to make sure the dealership can and will comply. Mr. Wasp stated that the majority of conditions in noncompliance are tied to a Special Use Permit and suggested that perhaps a renewal could be processed before the site plan is amended. Although this matter was not noticed for a public hearing, the Chair allowed members of the public to address the Board. 10 John Manzi of Coolidge Street reiterated that the property is not in compliance with the conditions of the most recent 1985 Special Use Permit. He further stated that he has pictures of three trucks unloading on Palmer Avenue at the same time. Mr. Papazian stated that the nonconformities need to be corrected before the Board can amend a site plan. Mr. Engel agreed that the Special Use Permit must be dealt with first and further suggested that ACURA return to the May Planning Board meeting with a revised application to address the violations as well as the neighbors' concerns. Mr. Block questioned the number of employees. Parking on the local streets were discussed. Ms. Hochman suggested that a special use permit application be submitted along with a revised site plan. Chris DerHammer stated that he wants the business to survive but they should be bound by the original conditions or seek approval for an amended plan with more reasonable conditions. Ms. Cooney stated that the conditions are over 30 years old and may no longer be appropriate and they should consider requesting changes. Mr. Engel stated that they will be on the May 8`h agenda. NEW BUSINESS Mr. Engel discussed noise from stand by generators and his concern that they can only be regulated if before one of the land use boards. He suggested a uniform rule as an amendment to the Town Code for all generators even those that are as-of-right. He explained that the Building Department can address noise issues from all generators if they have clear rules to follow. The Board discussed the noise issue, agreed with many points expressed by Mr. Engel but did not want to move forward as a board to propose new Town regulations. ADJOURNED The meeting was adjourned at 10:25 PM Prepared by Francine M. Brill, Planning Board Secretary 11