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HomeMy WebLinkAbout2019_07_10 Planning Board Minutes THE 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 JULY 10, 2019 Present: Ralph Engel, Chair, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira Block Also Present: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to the Planning Board, Anthony Oliveri, Consulting Engineer, Elizabeth Aitchison, Environmental Planner, Sabrina Fiddelman, Town Board Liaison Absent: Ron Mandel CALL TO ORDER The meeting was called to order at 7:30 P.M. MINUTES Motion: To approve the minutes of the June 5th meeting, with technical corrections Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block 1. 43 Marbourne Drive - Elite Realty Team LLC - Residential Site Plan - Consideration Peter Catizone, the applicant's engineer, addressed the Board, stating that they are zoning compliant and have a "will serve" letter demonstrating adequate sewer connections but are waiting for sign offs from Westchester Joint Waterworks and Westchester County Health Department. Ms. Hochman stated that all sign offs must be secured and SEQRA must be concluded before the public hearing can be opened on the final subdivision plat. Mr. Catizone described the project and explained that a portion of the main house was torn down, but the unattached garage remains. There are currently two driveways that will be utilized for the two-lot subdivision. They will utilize the existing water service and sanitary sewer lines. There will be a pre- to post-construction reduction in impervious surface. Calculations were done for the 100-year storm event. Renderings and elevations were discussed. The letter issued by Coastal Zone Management Commission was discussed. Mr. Oliveri stated that correct elevations and estimate of rock removal need to be reflected on the plans. 1 The Board agreed to set the public hearing for August 14, 2019, assuming all requirements are met regarding SEQRA, necessary certifications and notice. The applicant was instructed that the application will need to be re-noticed with new mailings and an updated sign. 2. 22 Winged Foot Drive - Jonathan and Pamela Weinberg -Wetlands &Watercourses - Public Hearing Jerry Barrett, the applicant's architect, addressed the Board to explain the proposal to flatten the rear yard for a play area, install a 4 ft. high retaining wall with a rustic finish and evergreens for screening. He added that the plantings were increased to prevent children from going over the wall. The color and composition of the wall was discussed. Mr. Barrett stated a segmented block wall is easier for the site but they will consider natural stone or a replica of stone. The Board discussed the proposed plantings and Ms. Aitchison stated that oak or maple trees would be preferred over the proposed tupelo and dogwood. Ms. Brill stated this public hearing was duly noticed. Motion: To open the public hearing Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block There were no public questions or comments. The matter was adjourned to August and it was noted that this is an unlisted action under SEQRA and Ms. Aitchison will prepare briefing materials for the Board with respect to the determination of environmental significance. In addition, the applicant will consider stone facing or the equivalent for the wall. 3. 2155 Palmer Avenue -Acura of Westchester— Site Plan Amendment and Special Use Permit Renewal—Consideration Jonathan Villani, the applicant's representative, and Donald S. Mazin, the applicant's attorney. addressed the Board. Mr. Villani stated that they are waiting for the survey to be completed. He further stated that loading and unloading of vehicles will be in Larchmont Village (but not on the street) with yet to be obtained permission from their Planning Board. Both Planning Boards will be involved. 2 Mr. Engel read into the record the June 14, 2019 letter from the Mayor of the Village of Larchmont. Mr. Engel also read into the record the June 12, 2019 letter from Deitch Management. Copies of both were given to Mr. Mazin. With respect to the issue of employee parking, Mr. Mazin stated that although there are 90 employees they are on different shifts and sites, but he will advise the Board of the number of employees at the site at a given time. Mr. Villani stated that he will also try to analyze who has cars. Mr. Oliveri suggested a parking study be done to get an accurate count. Mr. Engel stated that test drives should not be allowed south of Palmer Ave in the residential area. The loading and unloading of cars was discussed. Mr. Engel stated that if everything required is timely submitted, then a public hearing can be set for September at the Board's August meeting. 4. 69 Edgewood Avenue - Daniel and Jamie Bienstock - Residential Site Plan—Public Hearing Ms. Brill stated the matter was duly noticed. Mr. Engel asked why the present plans are different from those presented last month. Mr. Salanitro, the applicant's engineer, explained that the house was shifted slightly to protect the neighbor's oak tree but the bulk, dimensions and engineering issues are the same. Impervious area will be reduced by 400 square feet and the proposed patio will be of porous material and entirely within the footprint of the existing house. The Board discussed measures to be taken to preserve the trees during construction. Mr. Birch, a neighbor, stated that he was happy with the plan. Mr. Oliveri asked that the oak tree protection be reflected on the plan. Motion: To open the public hearing Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block Public Comments: Mr. Zacarria of 71 Edgewood stated that he is in support of the proposed construction. 3 Mr. Abramson, the contractor, stated that he will protect the oak tree three feet beyond the canopy and will protect the trees in the Town right of way. Motion: To close the public hearing Action: Unanimously approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block Motion: To approve the draft resolution with proposed conditions and modifications Action: approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Vote: Yes: Elizabeth Cooney, Edmund Papazian, Ira Block Ralph Engel abstained RESOLUTION Residential Site Plan Approval 69 Edgewood Avenue On motion of Edmund Papazian seconded by Elizabeth Cooney, the site plan application of Dan and Jamie Bienstock (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck(the "Board") upon the following resolution, which was adopted by a vote of 3 to 0, with 1 abstention. WHEREAS, the Applicant has applied for residential site plan approval to construct a single - family house (the "Application") at property located at 69 Edgewood Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 26, Lot 120 (the "Property"); and WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter 178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); 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 Town Building Inspector, in a memorandum dated July 3, 2019, stated that the proposed house is zoning compliant; 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 no comments were received; and WHEREAS, in accordance with Chapter 234 of the Town Code, the Application was referred to the Coastal Zone Management Commission ("CZMC"); and WHEREAS, the CZMC considered the Application at its meeting on June 17, 2019 and issued a letter to the Planning Board, dated June 26, 2019 (the "CZMC Letter"), stating that it found the 4 proposed action to be consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS,the Town Engineer,the Building Inspector and Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Architectural Plans prepared by DeGraw and Dehaan Architects, dated June 2.5, 2019 • Erosion Control and Site Improvement Plan prepared by Benedict A. Salanitro, P.E., P.C., last revised on June 2.5, 2019. • Landscape Plan prepared by Sean Jancski, last revised on June 24, 2019 WHEREAS, in a memo to the Planning Board dated July 1, 2019, Anthony Oliveri P.E., the Town's Consulting Engineer (hereinafter referred to as the "7/1/19 Consulting Engineer's Memo" and attached hereto as Exhibit A) stated as follows: • As noted previously, average grade and building height calculations must be included and the average grade and floor elevations must be listed on the architectural plans. In addition it appears steps will be required at the rear entry, but not shown. • Proposed grading/spot elevations along the driveway is required. [sEP • As noted previously the required separation to ledge rock at the front cultec system does not appear to be met. LsEP • A detail of the proposed 4" overflow pipe connection is required; the pipe invert is higher than the top of the cultec system. [s p • The pop-up emitter detail should be removed from the plan. [sEP • An estimate for rock removal should be included on the plan. WHEREAS, the Applicant consulted with Buddingh tree Consultancy LLC (the "Applicant's Tree Consultant") to ensure that all appropriate trees are properly protected during demolition and construction; and WHEREAS, on July 1, 2019,the Applicant submitted to the Building Department a tree protection plan prepared by Aurora Builders (hereinafter referred to as the "Tree Protection Plan") attached hereto and made a part hereof as Exhibit B; and WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing as to the Application on July 10, 2019; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the CZMC Letter; the reports and comments of the Town's consulting engineer; the Tree Protection Plan, and the written and oral comments of interested members of the public; and 5 WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and Section 92- 8.A(22) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS,the Board finds that the Application conforms to the standards established by Section 178-12 of the Residential Site Plan Law. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application as reflected in the hereinabove specified Plans submitted in connection with the Application, subject to the following terms and conditions: 1. All site work shall be in accordance with the latest revised Plans, as hereinabove referenced, as conditioned and/or modified in accordance with the direction of the Board as agreed to by the Applicant. 2. The Applicant shall submit plans reflecting all conditions or modifications shown above for the review and approval of the Town Engineer and Town Building Inspector prior to the granting of the building permit. 3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 4. 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 the 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. 5. 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 submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval prior to commencing site work. The Applicant shall notify the Town Building Inspector and Town Engineer at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impact(s). 6. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan, including the modifications proposed by the Town Consulting Engineer, is delivered to the Town Building Inspector. 7. 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, all constructed site utilities and stormwater management structures. 8. 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. 6 9. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successor or assign in/of ownership interest of the Property or any portion thereof. 10. All tree removal, protection and required landscape plantings shall be in compliance with the approved Landscape Plan and Chapter 207 of the Town Code(Trees),to the satisfaction of the Town Environmental Planner. 11. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 12. 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. 13. Prior to the issuance of Town Permits, the Applicant shall address to the satisfaction of the Town's Consulting Engineer the comments in the 7/1/19 Consulting Engineer's Memo attached hereto as Exhibit A. 14. Under supervision of the Tree Consultant,the Applicant shall follow the recommendations of the Tree Protection Plan (attached hereto as Exhibit B). 15. Prior to the issuance of Town Permits, the Applicant, to the satisfaction of the Town Environmental Planner, shall submit all documentation deemed by the Town Environmental Planner to be appropriate to implement the Tree Protection Plan. Failure to fully comply with said plan, unless approved in advance by the Town Environmental Planner, shall result in revocation of the applicable Town Permits. This decision shall be certified as true and correct and shall be filed with the Town Clerk. 5. 1262 Boston Post Road - Trader Joe's -Special Use Permit Renewal and Site Plan Amendment—Consideration Mr. Engel stated that there have been discussions regarding the parking lot and traffic in and out of Larchmont Acres. Prohibiting left turns from the lot has been suggested as well as a barrier and signage to prevent left turns. Steven Silverberg, the applicant's attorney, stated that Trader Joe's has been in this location for about 20 years, and there have been several meetings with staff to addressing traffic and safety concerns. Representatives from Trader Joe's and the landlord were present at such meetings as well as traffic consultants. Timing of deliveries was discussed. Mr. Engel questioned why trucks of Village Square Bagels are not parked on the side of the building. Rubin Torsky, Brixmore's representative, stated that although they do not want the trucks on site at all they will require them to be parked on the side of the building in dedicated spaces. 7 The placement and required approval of"No Left Turn" signs were discussed. The matter was referred to the Traffic Committee and the Town Board. It is the Town Board that would have to enact no-left-turn legislation for the prohibition to be enforceable. Mr. Wasp pointed out that the proposed changes trigger the need for an amended site plan. Mr. Silverberg asked that the public hearing for both the Special Use Permit and Site Plan Amendment be scheduled for September, as long as the store is allowed to continue to operate until then. The matter was adjourned to the August meeting, no public hearing was set. 6. 2444 Boston Post Road - Staples - Special Use Permit- Consideration Lucio Deleo, the applicant's architect, stated that the applicant has applied to extend the expired Special Use Permit. Motion: To set the public hearing for September Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block 7. 85 Colonial Avenue - 85 Colonial LLC - Residential Site Plan—Consideration Fred Grippi, the applicant's architect, stated that the proposal is to construct a new house in basically the same place as the existing house. He added that no trees are to be removed and they propose to add street trees. Renderings were shown and discussed. The retaining wall was discussed and Mr. Papazian suggested that it should blend in with the existing wall. The placement and screening of the air conditioning units and generator were discussed. Anthony Accella discussed the proposed planting plan and Mr. Engel requested that the plan show the size that the plants will be when they are planted. David Lichenstein, a neighbor, asked the proposed roof height and Mr. Grippi responded that the new house would be 9 feet higher than the existing house. Motion: To set the public hearing for the August Board meeting. Action: Unanimously approved. 8 Moved by Edmund Papazian, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block The matter was referred to the CZMC. Executive Session Motion: To open the executive session to discuss litigation filed against the Planning Board Action: unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block No action was taken by the Board in Executive Session. ADJOURNMENT The meeting was adjourned at 10:21 P.M. Prepared by Francine M. Brill Planning Board Secretary 9