HomeMy WebLinkAbout2019_06_05 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
June 5, 2019
Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira Block,
Also Present: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning Board,
Elizabeth Aitchison, Environmental Planner, Anthony Oliveri, Consulting Engineer
Absent: Ron Mandel, Sabrina Fiddelman, Town Board Liaison
CALL TO ORDER
The meeting was called to order at 7:32 P.M. The Chair stated that the applications would be taken
out of order.
MINUTES
Motion: To approve the draft minutes of May 8, 2019
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ira Block
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block
1. Briarcliff Road - Joshua Lawlor - Residential Site Plan Approval and Wetlands &
Watercourses Permit
Mr. Lawlor was present to answer any questions. The chair noted that the public hearing was
closed in May. The draft resolution was discussed.
Motion: To approve the draft resolution
Action: Unanimously approved
Moved by Ira Block, seconded by Elizabeth Cooney
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block
RESOLUTION
RESIDENTIAL SITE PLAN and
WETLANDS &WATERCOURSES PERMIT
1 Briarcliff Road
As Secretary to the Planning Board of the Town of Mamaroneck,
I hereby certf that the following is the Resolution adopted by the Planning Board
of the Town of Mamaroneck at the duly noticed meeting held on June 5, 2019
On motion of Ira Block seconded by Elizabeth Cooney the application of Joshua Lawlor (the
"Applicant") for approval of a residential site plan and a wetlands and watercourses permit was
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APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the
following resolution, which was adopted by a vote of 4 to 0, with no abstentions;
WHEREAS, the Applicant submitted an application for approval of (i) a Residential Site Plan
pursuant to Chapter 178 of the Town of Mamaroneck(the "Town Code") and (ii) a Wetlands and
Watercourses Permit pursuant to Chapter 114 of the Town Code(collectively, the "Application");
and
WHEREAS, the property is located at 1 Briarcliff Road and known on the Tax Assessment map
of the Town of Mamaroneck as Section 2, Block 20, Lot 191 (the "Property"); and
WHEREAS, the Applicant proposes to demolish the existing house and construct a new single
family home (the "Proposed Action"); and
WHEREAS,the Applicant has provided all information required by the Residential Site Plan Law
and the Application was deemed by the Board to be complete; and
WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in
accordance with Section 178-9 of the Residential Site Plan Law and, except for the Coastal Zone
Management Commission ("CZMC"), no comments were received; and
WHEREAS, the CZMC reviewed the Application at its meetings on February 25 and March 25,
2019 and issued a letter to the Planning Board, dated March 29, 2019. which stated, inter alia,that
it found the proposed action to be consistent with the Local Waterfront Revitalization Program
("LWRP"); and
WHEREAS, the following plans were reviewed by the Town Engineer, the Town Environmental
Planner, the Town's Consulting Engineer and the Town Building Inspector (hereinafter
collectively referred to as the "Plans":
• Plan entitled, "Lawlor Residence" prepared by Alfonzetti Engineering, P.C., dated
2/14/19; [sb']
• Stormwater Pollution and Prevention Plan prepared by Alfonzetti Engineering, P.C.,
dated 2/14/19; [sb']
• Plan entitled, "Lawlor Residence" prepared by Michael A. Piccirillo, AIA, dated 2/25/19
Plan entitled, "Landscape Plan" prepared by Michael A. Piccirillo, AIA, dated 9/10/18,
revised on 4/22/19
• Plan entitled, "Site Plan/Zoning Analysis" prepared by Michael A. Piccirillo, AIA, dated
9/10/18, revised on 4/22/19
WHEREAS, a duly noticed public hearing for the Application was held on May 8, 2019; and
WHEREAS, the Town Engineer, Town Consulting Engineer and Town Environmental Planner
each stated that he/she finds the above-referenced Plans to be acceptable; and
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WHEREAS,the Board finds that the Application conforms to the standards established by Section
178-12 of the Residential Site Plan Law; and
WHEREAS, the Town Building Inspector, in a memorandum dated May 7, 2019, stated that the
proposed house is zoning compliant; and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to
the New York State Environmental Quality Review Act and 6 NYCRR§ 617 et seq. and Section 92-
8.A(8)of the Town of Mamaroneck Environmental Quality Review Law and,accordingly,no further
environmental review is required; and
WHEREAS, in accordance with §114-7(D) of the Town Code, the Board has considered the
following:
1. all available reports concerning the Proposed Action from other commissions,
including the CZMC, and Town, County, State and/or Federal agencies;
2. all relevant facts and circumstances pertaining to the Proposed Action, including but
not limited to:
a. any potential environmental impact of the Proposed Action:
The Planning Board finds the Proposed Action will not create negative environmental
impacts from flooding or soil erosion because an effective stormwater management system
is proposed and any increase in runoff will be mitigated by two subsurface infiltration
systems and a rain garden.
b. the alternatives to the Proposed Action:
The Planning Board finds that there is no alternative to the Proposed Action because the
existing single-family house is not zoning compliant and the new property owners wish to
have more space than the existing house provides but cannot expand due to zoning
regulations. The new house will be zoning compliant.
c. the impact of the Proposed Action on wetland functions and the benefits as set forth
in §114-1 of the Town Code:
The Planning Board finds that any impact to wetland functions will be addressed by the
proposed stormwater management practices including subsurface infiltration systems and
a rain garden that are designed to reduce the rate and amount of runoff. The pollutants
carried in typical runoff will be filtered and treated through the uptake of the plantings
within the rain garden. In addition, during construction, erosion and sediment control
measures will be implemented as temporary safeguards.
3. the availability of preferable alternative locations for the Proposed Action on the
subject parcel:
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The Planning Board finds that there is no preferable alternative location to the Proposed
Action because, due to the irregularly shaped lot and required setbacks, the only
reasonable location of the house on the property requires encroachment into the wetland
buffer area.
4. the availability of further technical improvements or safeguards that could feasibly be
added to the proposal;
The Planning Board finds that the proposed infiltration systems and rain garden are adequate to
address flooding, water quality and erosion concerns.
5. the possibility of avoiding reduction of the wetland's or watercourse's natural capacity to
support desirable biological life, prevent flooding, control sedimentation and/or prevent
erosion, facilitate drainage, and provide recreation and open space;
The Planning Board finds that the Proposed Action will not reduce existing wetlands and flood
control will be improved with a subsurface infiltration system and a rain garden.
6. the extent to which the public or private benefit derived from such use may or may not
outweigh or justify the possible degradation of the wetland or watercourse, the interference
with the exercise of other property rights, and the impairment or endangerment of public
health, safety, or welfare:
The Planning Board finds that, because the Proposed Action includes adequate stormwater
management and flood control, it materially enhances the Applicant's proposed use of its property
and poses no threat to the public health, safety or welfare.
WHEREAS, the Planning Board has considered the Application and Plans; comments and
responses to questions by the Applicant and its representatives; the memos, letters, reports and
comments of the Town Engineer, Town Building Inspector, Town Environmental Planner, Town's
Consulting Engineer and CZMC; and has heard interested members of the public.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board finds, pursuant to §114-
7(E) of the Town Code, based on the record before it, that the Applicant's proposed regulated
activity is consistent with the purposes of the Local Waterfront Revitalization Plan and the
Wetlands and Watercourses Protection Law of the Town of Mamaroneck, as set forth in §114-1
and that the action to be taken will minimize all adverse effects on such policy to the maximum
extent practicable:
1. To preserve, protect and conserve the Town's tidal and freshwater wetlands and
watercourses; to prevent despoliation and destruction; to regulate their use and
development; and to secure the natural benefits of wetlands and watercourses that is
consistent with the general welfare and beneficial economic and social development of
the town; and
2. To ensure maximum protection for wetlands and watercourses by discouraging degradation
within them and within their buffers that may adversely affect these natural resources; to
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encourage restoration of already degraded or destroyed wetlands, watercourse and buffers; and
to ensure "no net loss" of wetlands and watercourse areas.
BE IT FURTHER RESOLVED, that the Planning Board APPROVES the Residential Site Plan
and GRANTS the Wetlands and Watercourses Permit as reflected in the hereinabove identified
Plans submitted in connection with the Application, subject to the following terms and conditions:
General Conditions:
1. All site work shall be in accordance with the latest revised Plans, as herein referenced, as
modified in accordance with the specific conditions hereinafter set forth.
2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance
of any Town permits.
3. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require
any modification to the site plan approved by this resolution, a determination shall be made by
Town Building Inspector in consultation with the Town Engineer as to whether the
modification is substantial and should be further considered by the Planning Board.
4. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall
be issued until a signed site plan is delivered to the Town Building Inspector.
5. Prior to the issuance of a certificate of occupancy, the Applicant shall deliver to the Town
Building Inspector an "as built" survey, including but not limited to, topography, all
constructed site utilities and stormwater management structures.
6. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of
Occupancy shall be issued until all of the required conditions of this approval have been met.
7. Prior to the commencement of construction, appropriate measures shall be undertaken to
control erosion and minimize water turbidity during construction, including installation and
maintenance of tree protection measures.
8. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town
Building Inspector prior to any site disturbance. The Applicant shall notify the Town Engineer
and Town's Consulting Engineer 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.
9. Work conducted under Town permits shall be open to inspection at any time, including
weekends and holidays, by the Town of Mamaroneck Building Inspector, Town's Consulting
Engineer and Environmental Planner or their designated representative(s).
10. The Wetlands and Watercourses Permit shall expire one year from the date it is issued.
11. All permits shall be maintained and prominently displayed at the project site during the
undertaking of the activities authorized by the permits.
12. Violation of any of the conditions imposed herein may result in revocation of the Wetlands
and Watercourses Permit and any other permits the Town may deem appropriate.
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13. The development must comply with Chapter 110 of the Town Code to the satisfaction of the
Town Building and Engineering Department.
14. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to
the estimated cost of the improvements within the wetland buffer. This can be combined with
the Erosion and Sediment Control Permit bond to ensure satisfactory completion of the project
and the rehabilitation of the affected or disturbed areas.
15. Any tree removal and planting plan shall be in compliance with Chapter 207 of the Town Code
(Trees) and work shall be completed to the satisfaction of the Town Environmental Planner.
16. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to pay
to the Town its actual cost of technical reviews, including, without limitation, consulting fees,
prior to the issuance of any Town permits.
17. The term "Applicant" is used herein with the intent to impose a future obligation or condition,
and shall include the Applicant, as defined above, and any successors or assigns in/of
ownership interests in the Property or any portion thereof.
18. The Applicant shall address all outstanding technical review comments as identified in the
memorandum by the Town's Consulting Engineer, dated April 9, 2019, and other technical
concerns, to the satisfaction of the Town Engineer, prior to the issuance of any Town permits.
This decision shall be shall be filed with the Town Clerk.
2. 1330 Boston Post Road - Cosi - Special Use Permit Renewal - Public Hearing
Motion: To open the public hearing
Action: Unanimously approved
Moved by Ira Block, seconded by Elizabeth Cooney
Sky Zangas, the General Manager of Cosi, addressed the Board stating that there was no
structural damage to Cosi caused by the recent fire at the nearby dry cleaners and they only
needed their utilities restored. The applicant wishes to renew the special use permit on the same
terms.
Ms. Brill stated that the application was duly noticed. Mr. Wasp stated that there are no
violations or complaints. The Board discussed the application. 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 Special Use Permit Renewal
Action: Unanimously approved
Moved by Ira Block, seconded by Elizabeth Cooney
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block
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RESOLUTION
SPECIAL USE PERMIT RENEWAL
Cosi, Inc., 1330 Boston Post Road
As Secretary to the Planning Board of the Town of Mamaroneck,
I hereby certf that the following is the Resolution adopted by the Planning Board
of the Town of Mamaroneck at the duly noticed meeting held on June 5, 2019
On motion Ira Block, seconded by Elizabeth Cooney, the application of Cosi, Inc. (the
"Applicant") for approval of a renewal of a special use permit was APPROVED by the Planning
Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was
adopted by a vote of 4 to 0, with no abstentions;
WHEREAS, the Applicant submitted an application for a Special Use Permit Renewal for use of
the premises at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 410 Lot 463 (the "Application"); and
WHEREAS, the Applicant seeks to continue to use the subject premises as a restaurant in a B-R
zoning district; and
WHEREAS, the previously granted Special Use Permit Renewal expired on May10, 2019; and
WHEREAS, Section 240-30.B.8 of the Zoning Code of the Town of Mamaroneck lists
"Restaurants" as a specially permitted use in the B-R zoning district; and
WHEREAS, a duly noticed public hearing was held on June 5, 2019; and
WHEREAS, the Planning Board considered the Application, the plans, comments and responses
to questions by the Applicant, the reports and comments of the Planning Board staff and
consultants 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 § et.seq. and, accordingly, no further action under SEQRA is required; and.
WHEREAS, Section 240-62 of the Zoning Code of the Town of Mamaroneck provides that the
Planning Board shall not grant a special use permit unless, it determines the standards stated therein
have been met.
NOW, THEREFORE, BE IT RESOLVED that the Planning Board makes findings of facts as
follows:
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.
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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 Use Permit has no existing violations 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 hereby APPROVES the Application subject to
the following terms and conditions:
1. Hours of operation will be no longer than from 7:00 a.m. to 9:00 p.m., seven(7)days
a week.
2. This Special Use Permit shall expire on May 10, 2021.
3. 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 240-30B of the Zoning
Code of the Town of Mamaroneck.
4. The Applicant shall comply with all applicable and necessary permits from the
Westchester County Department of Health and the New York Department of
Environmental Conservation.
5. There shall be no outdoor seating.
This decision shall be filed with the Town Clerk.
4. 69 Edgewood Avenue -Daniel and Jamie Bienstock - Residential Site Plan Approval -
Consideration
Benedict Salanitro, the applicant's engineer, stated that the applicant plans to demolish the
existing home and build a new single-family residence with less impervious area because the
proposed house would be closer to the street, resulting in shorter driveway. He further stated
that no change of grade is proposed.
Mrs. Atchinson stated that she requested the landscape plan reflect additional shrubs. She further
stated that the applicant should talk to the neighbor and an arborist in an effort to protect the
large oak tree on the neighbor's property.
Mr. Abramson, the general contractor, presented an aerial view of the property and plotted it
against the proposed house. He also stated that he had already spoken to Frank Budding, the
arborist recommended by Mrs. Atchinson. Mr. Birch of 67 Edgewood Avenue voiced concerns
regarding his oak tree and its root system. Mr. Bienstock stated he thinks the tree is beautiful
and will do his best to care for the tree.
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Mr. Oliveri requested spot elevations be shown on the plan.
Motion: To set a public hearing for July 10, 2019
Action: Unanimously approved
Moved by Edmund Papazian, seconded by Elizabeth Cooney
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block
3. 2155 Palmer Avenue - 2155 Palmer Avenue -Acura of Westchester - Consideration
Donald Mazin, the applicant's attorney, Jonathan Villani, the applicant's design consultant, and
Alex Moscarella and Raymond Moscarella, two of the owners and operators of the property,
were present. Mr. Mazin presented a brief history of the property and the business and also
stated that the application no longer includes a request to build a new garage.
The Board discussed the expired special use permit and its conditions. In particular, the Board
and the applicant discussed site layout and circulation, loading and unloading of cars, the
location and designation of parking spaces for customers, employees and display cars, test
drives, parking on Harrison drive, flags and signage.
Mr. Villani acknowledged that variances for signage are necessary. The applicant was instructed
to submit its application for zoning variances for its existing signs to the Zoning Board of
Appeals.
Mr. Oliveri stated that the site plan should reflect tandem parking, fire access and truck turning.
Mr. Wasp stated the goal is to have a site plan that is enforceable. Mr. Engel stated that there is
no longer a prohibition of parking used cars along the Palmer Avenue end of the parking area but
better screening is required.
Mr. Engel stated that the next meeting of the Planning Board is scheduled for July 10`h and
directed the applicant to submit a timely application to amend its site plan along with the
separate application to renew the special use permit.
Jay Fisher, President of the Pine Brook District Property Owners Association, expressed his
support for Acura but explained that the business is growing in an area that has a residential
character, very different from the area where the other car dealerships are located along Boston
Post Road. He further stated his concerns about safety.
The Board agreed to set the public hearing for next month, provided there is also the timely
submission of a complete site plan amendment application.
Motion: To set a public hearing for July 10, 2019
Action: Conditionally unanimously approved
Moved by Elizabeth Cooney, seconded by Edmund Papazian
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block
OTHER BUSINESS
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Trader Joe's
Mr. Engel asked for an update regarding the Village Square shopping center parking lot and Mr.
Wasp responded that staff had a productive meeting with representatives of Brixmor and Trader
Joe's and the traffic consultants of the applicant and the Board. The applicant's traffic consultant
agreed to an additional study requested by the Board's traffic consultant. Mr. Engel stated that
if the applicant needs more time to complete the additional study it should appear at the July 10`h
meeting of the Planning Board and request an extension. The Board members discussed the fact
that the Town Fire Department will have an opportunity to review the proposed plan.
Mr. Engel noted that the Village Square Bagel trucks are still parked in the front of the parking
lot.
Pepe Porsche
The Board discussed the area of the site plan the record owner of which is not the applicant. Mr.
Wasp stated that the area in question is used for the applicant's required parking and the
placement of a trash compactor. Mr. Wasp further stated that resolution provided the applicant
with 90 days to work out the matter and if such period lapses, without an acceptable solution,
notice of violation will be sent and then, after 30 days, a summons can be issued.
The meeting was adjourned at 9:10 P.M.
Minutes prepared by
Francine M. Brill, Planning Board Secretary
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