HomeMy WebLinkAbout2019_01_09 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
JANUARY 9, 2019
Present: Ralph Engel, Chairman, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten, Ira
Block
Also Present: Lisa Hochman, Counsel to Planning Board,Robert Wasp, Town Engineer, Anthony
Oliveri, Consulting Engineer, Elizabeth Paul, Environmental Planner, Sabrina Fiddelman, Town
Board Liaison.
Absent: Ron Mandel, Alternate
CALL TO ORDER
The meeting was called to order at 7:30 P.M.
Mr. Engel announced that the February meeting has been changed to February 6, 2019.
MINUTES
The minutes of December 12, 2018 were discussed.
Motion: To approve the draft minutes of December 12, 2018
Action: Unanimously Approved
Moved by Elizabeth Cooney, seconded by Ira Block
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten, Ira Block
1. 1260 Boston Post Road - Trader Joe's - Special Use Permit Renewal - Public Hearing
Ms. Brill stated that the matter was duly noticed.
Motion: To open the public hearing
Action: Unanimously Approved
Moved by Ira Block, seconded by Elizabeth Cooney
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten, Ira Block
Donald Mazin, the applicant's attorney, addressed the Board stating that Trader Joe's has been a
tenant since 1997 and they need to renew their special use permit.
Mr. Engel stated that there have been changes in circumstances that require consideration by the
Board, such as the Fire Department letter regarding access to the parking lot and the blocking of
exits in the rear of the building. Both of these issues relate to safety.
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Regarding the traffic issue, Mr. Mazin stated that he has sent a letter to Brixmor, the property
manager. He also stated that his clients are trying to work with the Board, but have no control
regarding the parking area. He further stated that DOT will not allow a traffic light on Boston
Post Road. Regarding the rear fire egress, he stated that his clients will look into a solution that
does not block the exits.
Mr. Wasp stated that he has a memo from Brixmor stating that Site Design Consultants have
been retained to study the traffic issues which have been raised and will prepare a report with
recommendations. Mr. Wasp entered into the record a memo from Brixmor dated January 9,
2019, marked Exhibit 1 1-19.
Board members expressed that they would like an independent review of Brixmor's traffic study
and stated that $5,000.00 would be the expected cost to retain an independent consultant. Board
members agreed that the current applicants for special use permit renewals (Trader Joe's and
Village Square Bagels) should pay for the independent traffic analysis. John Mercaldi from
Village Square Bagels stated that it is unfair that he is required to pay the same as Trader Joe's
for the independent traffic analysis. Board members expressed that both applicants are free to
allocate the cost of the independent traffic analysis between them (or the property
manager/landlord) as they see fit.
Mr. Mazin requested to enter into the record the site plan resolution for Espresso Cafeto into the
record and a letter from Stephen Altieri, and the two documents were accepted and marked
Exhibits 2 1-19 and 3 1-19, respectively.
Mr. Engel stated that blocking the fire egress in the rear is a safety concern. Mr. Mazin
responded that Trader Joe's has agreed to look into it. Tracy Aciolla Regional Vice President of
Trader Joe's explained the challenges and how they have begun to address the issues and that
they will continue to work to find a solution.
The Board and the applicant discussed existing conditions and suggestions about how storage
issues could be addressed.
Mr. Wasp stated the current site plan does not allow outdoor storage.
Mr. Engel suggested the applicant work with the staff to find a solution to the storage problem.
He reiterated that nothing is to be stored on the pathway or steps. He further suggested that the
applicant talk to the traffic committee concerning the traffic problem.
The Board discussed the draft resolution for approval of the renewal of Trader Joe's special use
permit and revisions were suggested.
Mr. Block voiced concerns about allowing the temporary renewal and being in the same position
months from now.
Motion: To close the public hearing
Action: Unanimously Approved
Moved by Edmund Papazian, seconded by Elizabeth Cooney
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Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten, Ira Block
Motion: To approve the draft resolution, as modified
Action: Approved
Moved by Edmund Papazian, seconded by Elizabeth Cooney
Vote:
Yes: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten
No: Ira Block
RESOLUTION
Trader Joe's East Inc.
On motion of Edmund Papazian seconded by Elizabeth Cooney, the Special Use Permit Renewal
application of Trader Joe's East 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 - 1, with no abstentions.
WHEREAS, on April 8, 1998, the Applicant was awarded a special use permit for use of the
premises at 1260 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 Trader Joe's supermarket in the B-
R zoning district(the "Special Use Permit"); and
WHEREAS, Section 240-30.0(3)of Town Code lists supermarkets as a specially permitted use in
the B-R zoning district; 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,the most recent prior renewal of the Special Use Permit was granted on September 14,
2016; and
WHEREAS, on September 14, 2018, the Department of Building received an application for the
renewal of the Special Use Permit (the "Application"); and
WHEREAS, the Application was referred to the Town Police and Fire Departments, Traffic
Committee, Town Engineer and the Building Inspector in accordance with Section 240-61(E) of
the Town Code; and
WHEREAS, at the Applicant's request, the matter was adjourned for the regularly scheduled and
duly noticed public meeting of the Planning Board on October 10, 2018; and
WHEREAS, at the regularly scheduled, duly noticed public meeting of the Planning Board held on
November 14, 2018, Robert Wasp, the Town Engineer, entered into the record a letter dated
November 14, 2018 from Joseph A. Russo Jr., 1st Deputy Chief of the Town of Mamaroneck Fire
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Department, which letter stated that the Fire Department would like the Town to examine the traffic
flow into and within the parking lot serving the Applicant's premises due to the volume that at times
has traffic backed up onto Boston Post Road,because it was deemed to be challenging to gain access
to the shopping center during emergencies (the "Fire Department Letter"); and
WHEREAS, a copy of the Fire Department Letter was given to the attorney for the Applicant on
November 14, 2018; and
WHEREAS, the Application was considered at the regularly scheduled and duly noticed public
meetings of the Planning Board on November 14 and December 9, 2018, and a duly noticed public
hearing was held on January 9, 2019; and
WHEREAS,the managing agent of the Property has agreed to have its own traffic engineer examine
the parking lot, including access to and egress from it, as well as internal traffic flow, to determine,
in coordination with the Town Engineer, an appropriate scope of examination, and to deliver its
findings and recommendations (the "Applicant's Traffic Report") to the Planning Board no later
than April 15, 2019; and
WHEREAS, at the January 9, 2019 Planning Board meeting the Town Engineer recommended that
there be an independent traffic consultant to review the Applicant's Traffic Report and estimated
that $5,000.00 would be the associated cost; and
WHEREAS,Village Square Bagels, Inc. also has an application pending before the Planning Board
for renewal of its Special Use Permit; and
WHEREAS, at the January 9, 2019 Planning Board meeting, the Applicant's attorney stated that,
on or before February 15, 2019, $5,000.00 would be deposited with the Town Comptroller, to be
used toward the cost of an independent traffic consultant, with such amount to be allocated between
the Applicant and Village Square Bagels, Inc.; and
WHEREAS, the latest site plan for the Property, approved by the Planning Board on June 25, 2012
(the "2012 Site Plan"), does not permit stockpiling or placement of anything on the pathways in the
rear and on the side of the Applicant's premises, nor does it permit any outdoor storage on the
Property; and
WHEREAS, at the January 9, 2019 Planning Board meeting, the Building Inspector stated that a
recent inspection of the Property revealed that, contrary to the 2012 Site Plan, outdoor storage was
present on the rear walk and loading dock, resulting in violations being issued against the Property;
and
WHEREAS, the Planning Board has considered the Application, the plans submitted by the
Applicant, 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 Application 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.
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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.
BE IT FURTHER RESOLVED, that this Board APPROVES the application of the
Applicant for Renewal of its Special Use Permit for the continued use of the premises as a
supermarket subject to the following terms and conditions:
1. The hours of operation shall be from 8:00 a.m. to 10:00 p.m. seven (7) days a week.
2. The Applicant shall be responsible for the proper maintenance of the garbage dumpsters
used in connection with its business operations and shall comply with any and all
directives with respect thereto by the Building Inspector.
3. No trucks operated by, for or under the control of the Applicant shall enter or leave the
premises by way of the Larchmont Acres parking lot or Burton Road.
4. Access to all exits including, without limitation,the rear emergency exits shall be totally
unobstructed, inside and outside the building, at all times.
5. The pathway next to and behind the store, 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.
6. On or before February 15, 2019, $5,000.00 shall be deposited with the Town Controller
to retain an independent traffic consultant to review the Applicant's Traffic Report, with
such amount to be allocated between the Applicant and Village Square Bagels, Inc., and
with any unexpended amount to be refunded.
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7. On or before April 15, 2019, the Applicant shall submit the Applicant's Traffic Report
to the Planning Board as well as the Town Traffic Committee.
8. This Special Use Permit Renewal shall expire on July 10, 2019.
9. At the Planning Board's regularly scheduled July 10, 2019 meeting,the Applicant and/or
its representatives shall appear for a duly noticed public hearing at which the Planning
Board shall consider renewal of the Special Use Permit as well as any other action it
determines are appropriate, which may include, without limitation, a site plan
amendment to address traffic and storage concerns.
10. 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.
This decision shall be filed with the Town Clerk.
2. 1262 Boston Post Road—Village Sq. Bagels - Special Use Permit Renewal - Public
Hearing
Ms. Brill confirmed that the matter was duly noticed.
Donald Mazin, the applicant's attorney, addressed the Board suggesting that the record from
Trader Joe's public hearing be referenced, as circumstances and conditions for Village Bagels
are practically the same.
Motion: To open the public hearing
Action: Unanimously Approved
Moved by Elizabeth Cooney, seconded by Edmund Papazian
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten, Ira Block
Public Comments
John Mercaldi stated that additional Planning Board meetings are a monetary burden.
Motion: To close the public hearing
Action: Unanimously Approved
Moved by Elizabeth Cooney, seconded by Edmund Papazian
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten, Ira Block
Motion: To adopt the draft resolution, as modified
Action: Approved to adopt
Vote:
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Yes: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten
No: Ira Block
RESOLUTION
Village Square Bagels, Inc.
On motion of Eileen Weingarten seconded by Edmund Papazian, the Special Use Permit Renewal
application 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 - 1, with no abstentions.
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 240-30.C(2)of Zoning Code of the Town of Mamaroneck(the Zoning Code")
lists take-out food establishment as a specially permitted use in the B-R zoning district; 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,the most recent prior renewal of the Special Use Permit was granted on September 14,
2016; and
WHEREAS, on September 14, 2018, the Department of Building received an application for the
renewal of the Special Use Permit (the "Application"); and
WHEREAS, the Application was referred to the Town Police and Fire Departments, Traffic
Committee, Town Engineer and the Building Inspector in accordance with Section 240-61(E) of
the Town Code; and
WHEREAS, at the Applicant's request, the matter was adjourned for the regularly scheduled and
duly noticed public meeting of the Planning Board on October 10, 2018; and
WHEREAS, at the regularly scheduled, duly noticed public meeting of the Planning Board held on
November 14, 2018, Robert Wasp, the Town Engineer, entered into the record a letter dated
November 14, 2018 from Joseph A. Russo Jr., 1' Deputy Chief of the Town of Mamaroneck Fire
Department, which letter stated that the Fire Department would like the Town to examine the traffic
flow into and within the parking lot serving the Applicant's premises due to the volume that at times
has traffic backed up onto Boston Post Road,because it was deemed to be challenging to gain access
to the shopping center during emergencies (the "Fire Department Letter"); and
WHEREAS, a copy of the Fire Department Letter was given to the attorney for the Applicant on
November 14, 2018; and
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WHEREAS, the Application was considered at the regularly scheduled and duly noticed public
meetings of the Planning Board on November 14 and December 9, 2018, and a duly noticed public
hearing was held on January 9, 2019; and
WHEREAS,the managing agent of the Property has agreed to have its own traffic engineer examine
the parking lot, including access to and egress from it, as well as internal traffic flow, to determine,
in coordination with the Town Engineer, an appropriate scope of examination, and to deliver its
findings and recommendations (the "Applicant's Traffic Report") to the Planning Board no later
than April 15, 2019; and
WHEREAS, at the January 9, 2019 Planning Board meeting the Town Engineer recommended that
there be an independent traffic consultant to review the Applicant's Traffic Report and estimated
that $5,000.00 would be the associated cost; and
WHEREAS, Trader Joe's East Inc. also has an application pending before the Planning Board for
renewal of its Special Use Permit; and
WHEREAS, at the January 9, 2019 Planning Board meeting, the Applicant's attorney stated that,
on or before February 15, 2019, $5,000.00 would be deposited with the Town Comptroller, to be
used toward the cost of an independent traffic consultant, with such amount to be allocated between
the Applicant and Trader Joe's East Inc.; and
WHEREAS, the latest site plan for the Property, approved by the Planning Board on June 25, 2012
(the "2012 Site Plan"), does not permit stockpiling or placement of anything on the pathways in the
rear of the Applicant's premises, nor does it permit any outdoor storage on the Property; and
WHEREAS, the Planning Board has considered the Application, the plans submitted by the
Applicant, 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 Application 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
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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.
BE IT FURTHER RESOLVED, that this Board APPROVES the application of the
Applicant for Special Use Permit for continued use as take-out food establishment subject to the
following terms and conditions:
1. The hours of operation shall be from 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 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. On or before February 15, 2019, $5,000.00 shall be deposited with the Town Controller
to retain an independent traffic consultant to review the Applicant's Traffic Report with
such amount to be allocated between the Applicant and Trader Joe's East Inc., and with
any unexpended amount to be refunded.
8. On or before April 15, 2019, the Applicant shall submit the Applicant's Traffic Report
to the Planning Board as well as the Town Traffic Committee.
9. This Special Use Permit Renewal shall expire on July 10, 2019.
10. At the Planning Board's regularly scheduled July 10, 2019 meeting,the Applicant and/or
its representatives shall appear for a duly noticed public hearing at which the Planning
Board shall consider renewal of the Special Use Permit as well as any other action it
determines are appropriate, which may include, without limitation, a site plan
amendment to address traffic and storage concerns.
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11. 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.
This decision shall be filed with the Town Clerk.
3. 40 Fernwood Road - Cosimo Panetta —Residential Site Plan—Public Hearing
Frank Marsella, the applicant's architect, addressed the Board and stated that the sign was
updated and the recorded deed submitted and it was acknowledged that the public hearing
remains open from the December meeting.
There were no public questions or comments.
Motion: To close the public hearing
Action: Unanimously Approved
Moved by Ira Block, seconded by Elizabeth Cooney
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten, Ira Block
The Board discussed the draft resolution.
Motion: To approve the draft resolution
Action: Unanimously Approved
Moved by Ira Block, seconded by Elizabeth Cooney
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten, Ira Block
RESOLUTION
Residential Site Plan Approval
40 Fernwood Road
On motion of Ira Block seconded by Elizabeth Cooney, the site plan application of Cosimo Panetta
(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 5 to 0, with no
abstentions.
WHEREAS, the Applicant has applied for residential site plan approval to construct a single
family house(the"Application")at property located at 40 Fernwood Road,Town of Mamaroneck,
New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block
18, Lot 47 (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
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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, in a memo to the Planning Board dated October 24, 2018, Richard Polcari, Town
Building Inspector, stated: "After a review of the plans dated October 23, 2018, for a proposed
house at 40 Fernwood Road it is my opinion that the proposed house and lot are zoning compliant
per the Code of the Town of Mamaroneck §240-37 for R-10 district and §240-70 for Undersize
lots"; 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 November 26, 2018 and
issued a letter to the Planning Board, dated November 28, 2018 (the "CZMC Letter"), stating that
it found the 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"):
• "New Residence at 40 Fernwood Road", prepared by Marsella + Knoetgen Architects
PLLC, last dated 11/28/18;
• "Proposed Drainage and Erosion Control Plan for a New One Family Dwelling", Sheets:
ER-1 & ER-2, prepared by Sound Shore Engineering, P.C., last dated 11/28/18;
• "Plan for Landscape Development", prepared by Anthony Acocella, P.C., dated July 30,
2018; 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 December 12,
2018 and January 9, 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; and the written and oral comments of interested members of the
public; 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, 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
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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:
General conditions:
1. All site work shall be in accordance with the latest revised Plans, as hereinabove
referenced.
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. 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).
5. 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.
6. 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.
7. 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.
8. 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 Subject Property or any portion thereof.
9. Any tree removal 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.
10. The Applicant shall address all outstanding technical review comments to the satisfaction
of the Town Engineer prior to the issuance of any Town permits.
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11. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to
pay to the Town actual cost of technical reviews, including, without limitation, consulting
fees prior to the issuance of any Town permits.
This decision shall be filed with the Town Clerk.
4. 84 Weaver Street - 84 Weaver Street Realty LLC —Residential Site Plan -Public
Hearing
Benedict Salanitro, The applicants Engineer addressed the Board for a residential site plan
approval to demolish the existing single-family residence and build a new house. He explained
changes that have been made to address the staff comments.
The Board discussed the driveway and fence and discrepancies between the architect's and
engineer's plan.
Ms. Brill stated that the application was matter was duly noticed.
Motion: to open the public hearing
Moved by Ira Block, seconded by Eileen Weingarten
Action: Unanimously Approved
Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Eileen Weingarten, Ira Block
Public Comments
Dan Henkin, of 11 Ferndale Place, stated that it is a shame to tear down a historic structure.
Mr. Engel stated that the site was not found on any list of historical significance and the matter
was referred to the local historical society which found that because there have been so many
previous alterations to the structure, historic preservation is unwarranted.
The applicant was referred to CZMC, scheduled to meet on January 28, 2019.
The public hearing is to remain open.
Mr. Salanitro requested a draft resolution to be prepared.
5. 145 East Garden Road - Red Garden Road LLC- Residential Site Plan - Consideration
Benedict Salanitro, the applicant's engineer, presented the residential site plan, which proposes
to demolish a single-family structure and construct a new single-family house. There will be a
retaining wall to allow slight re-grading of the rear yard. The affected neighbor requested a
stone wall to match the wall that is already there. The proposed retaining wall was discussed.
Mr. Salintro stated as a point of information that dead trees have already been removed.
Mr. Salanitro stated that he received Mr. Oliveri's comments and will coordinate with WJWW
and have some test pits done.
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Ms. Paul stated she wants the Town tree crew to look at the street tree. She further suggested
additional tree protection as the root system is above the ground. Mr. Marsh stated that he is
trying to do everything to save the tree, and will cordon it off. Ms. Paul suggested wood chips
and plywood.
Mr. Engel asked that the front shrubs be pruned.
Mr. Salinitro requested that the application be referred to the January 28, 2018 CZMC meeting
and further requested a public hearing be set for March.
The matter was adjourned to February for further consideration.
ADJOURNED at 9:17 P.M.
Minutes prepared by
Francine M. Brill, Planning Board Secretary
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