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HomeMy WebLinkAbout2019_05_08 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 May 8, 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 Absent: Ron Mandel, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison CALL TO ORDER The meeting was called to order at 7:30 P.M. Mr. Engel stated that the next Planning Board meeting will be June 5th, not June12`h MINUTES Motion: To approve the minutes of April 10, 2019 Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block 1. 145 East Garden Road -Red Garden Road LLC —Residential Site Plan Approval The Board discussed the draft resolution prepared by counsel and noted that the public hearing was closed in April. Motion: To approve the draft resolution with technical corrections Action: Unanimously approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block RESOLUTION On motion of Edmund Papazian, seconded by Elizabeth Cooney, the site plan application of Red Garden Road LLC (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 4 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 145 East Garden Road, Town of 1 Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 12, Lot 215 (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, in a memo to the Planning Board dated February 8, 2019, Richard Polcari, Town Building Inspector, stated: "After a review of the plans dated September 20, 2018 for a proposed house at 145 East Garden Road it is my opinion that the proposed house and lot are zoning compliant per the Code of the Town of Mamaroneck"; 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 January 28, 2019 and issued a letter to the Planning Board, dated January 30, 2019 (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"): • Residence for Red Garden Road LLC prepared by Andrew Nuzzi Architects LLC, last dated September 8, 2018; [sEP • Erosion Control and Site Improvement Plan for 145 East Garden Road prepared by Benedict A. Salanitro P.E., dated November 24, 2018 and last revised April 18, 2019; • Planting Plan prepared for 145 East Garden Road by Daniel Sherman, Landscape Architect, dated December 21, 2018 and last revised April 18, 2019; 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 March 13 and April 10, 2019; and WHEREAS, at the public hearing on April 10, 2019 the Town Engineer and Consulting Engineer stated that the Plans adequately address requirements relating to water retention, runoff and drainage and is not expected to generate any additional runoff to adjoining properties; 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 2 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. 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 Property or any portion thereof. 9. All 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. 3 11. 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. 12. Prior to the granting of any Town permits, the Applicant shall demonstrate to the satisfaction of the Town Engineer either (i) that all work on the rear retaining wall can be conducted on the Property; or(ii) that the owners of the properties located at 28 Ellsworth Road and 15 Greystone Road have granted, in writing, to the Applicant temporary construction access to those properties, or an appropriate portion thereof, to permit the Applicant to commence and complete work on the rear retaining wall. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. 2. 1 Briarcliff Road -Joshua Lawlor—Residential Site Plan Approval and Wetlands & Watercourses Permit—Public Hearing Michael Piccirillo,the applicant's architect, addressed the Board to explain the proposal to remove the existing house and build a zoning compliant single-family house. Mr. Piccirillo stated that he has appeared before the Coastal Zone Management Commission. 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: Cory Wishner of 11 Sheldrake Drive stated that he is in favor of the plan. Mr. Engel stated that the Board received a revised landscaping plan. Mr. Wasp stated that he believes all of Mr. Oliveri's comments have been addressed. Motion: To close the public hearing Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block Mr. Engel requested counsel to prepare and circulate a draft resolution prior to the next Planning Board meeting. 3. 43 Marbourne Drive - Elite Realty Team LLC — Subdivision -Public Hearing Peter Catizone, the applicant's engineer, addressed the Board to explain the request for a 2-lot subdivision of a 41,000 square foot lot in an R-20 zone. The building inspector has determined that both subdivided lots will be zoning compliant. The applicant plans to maintain the two existing driveways. There are two sewer connections, one water connection and one gas connection. The house will be placed further back on the site to save two of the three poplar trees 4 on the site. Trees impacted by construction will have to be removed. Ms. Atchinson, the Town Environmental Planner, stated that the applicant hired an arborist to assess the health of the trees and it was determined that some of the trees were in very poor health. Ms. Atchinson also made a site visit to inspect the trees and met with a neighbor, Mr. Barone, and Mr. Charitou, the applicant, and it was decided that five trees should be removed immediately because they were deemed dangerous. Mr. Catizone explained the storm water calculations done for the 7-, 25- and 100-year storm events and stated that there will not be much difference between the existing conditions and the proposed. Rock removal was discussed and Mr. Catizone stated that when the test pits were done they did not encounter rock at 7 feet deep and one of the houses will be constructed partially on an existing foundation. Mr. Engel explained that this a public hearing on the preliminary subdivision layout and the applicant will return at a later time for the final subdivision approval and site plan approval. Mr. Wasp stated that the Building Inspector's zoning compliance letter was only for the subdivision and he would need more information before determining whether the site plan complies with zoning requirements. Board members received a written memo from Mr. Oliveri,the Town's Consulting Engineer, dated April 9, 2019, with preliminary comments on the plans. 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 Jeffery Sadowsky of 25 Marbourne Drive stated that no one wants to see the property subdivided, it has had one house for years. Mr. Engel responded that the Building Inspector has reviewed the application and found the subdivision to be zoning compliant. Mr. Sadowsky asked about the size of the proposed houses and Mr. Charitou responded that they would be about 4000 square feet each. Mr. Norton of 39 Marbourne Drive stated that the trees deemed dangerous affect his property and they should be removed. Mr. Charitou stated all the trees were marked for identification. Blasting was discussed including an incident from another project last summer, which caused damage to some homeowners in the area without any compensation. Ms. Brill stated that blasting was done at 20 Gate House Road. Mr. Wasp looked it up and stated it was sometime in 2016-2017. Mr. Engel stated that there is to be notification if blasting is to be done as well as pre-blasting inspections. Mr. Wasp stated that there will most likely be chipping, not blasting. 5 Motion: To convey the Board's tentative conclusion that the preliminary layout is satisfactory pursuant to Section 190-7 of the Town Code Action: Unanimously approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block The applicant was instructed to obtain certifications from the Westchester County Health Department and Westchester Joint Waterworks and to comply with notification requirements for a public hearing on the final subdivision and the site plan. No date was set for the public hearing. 4. 22 Winged Foot Drive - Jonathan and Pamela Weinberg—Wetlands & Watercourses Permit - Consideration Jeri Barrett, the applicant's landscape architect, addressed the Board to explain the project, which includes earthwork in the rear yard in the wetlands buffer. The homeowners wish to make the rear yard more level, so their children have a place to play. Mr. Barrett explained the existing and proposed landscaping and the infilltration system there now. He also explained that all construction will be through the driveway by wheel barrow. He also requested to take down a 28 inch oak tree because it is leaning toward the house. Mr. Engel expressed concern regarding the wall height and questioned whether a fence or rail was needed to protect children from falling over the wall. Mr. Barrett responded that there will be plantings in front of the wall but they will put up a temporary fence until the plants grow in. Drainage was discussed. The matter was referred to the June 17th meeting of the Coastal Zone Management Commission. Motion: to set the public hearing for July 10, 2019 Action: Unanimously approved Moved by Edmund Papazian, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block Mr. Block pointed out that the applicant may also need site plan approval based on recent construction at the site. Mr. Wasp stated that he would determine whether site plan approval is necessary. 5. 2500 Boston Post Road - Pepe Porsche of Larchmont - Special Use Permit Renewal - Public Hearing Joseph Crocco, the applicant's architect, addressed the Board to renew their special use permit. He stated that the property was leased in 2005 for Mercedes and in 2012 for Porsche. He further stated that nothing has changed since the last special use permit. Mr. Wasp stated that on the site plan several parking spaces are shown extending onto the neighboring property and suggested that the Board could condition its approval on the applicant 6 providing documentation that it has the right to park cars in such spaces. Mr. Engel suggested that the applicant check to see whether an easement exists or whether it is possible to get one now. Motion: To approve the Special Use Permit Renewal Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block RESOLUTION On motion of Elizabeth Cooney, seconded by Ira Block, the Special Use Permit Renewal application of Pepe Porsche of Larchmont/Joseph R. Crocco (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 4 to 0, with no abstentions. WHEREAS, the Applicant submitted an application for a Special Use Permit Renewal for use of the premises at 2500 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 123 as an auto dealership (the "Application"); 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 May 8, 2019; and WHEREAS, the Planning Board has considered the application for renewal of a Special Use Permit and related plans, comments and responses to questions by the Applicant, the reports and comments of the Town Engineer and/or Consulting Engineer to the Town and any comments by interested members of the public; and WHEREAS, the previously issued renewal of the special use permit applicable to the premises expired on February 28, 2018. NOW, THEREFORE,BE IT RESOLVED,that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets. 2. The operations in connection with the Special Use Permit 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. 3. 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. 7 4. The property subject to this Special Permit has no existing violation of the Town of Mamaroneck Zoning Ordinance. 5. 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. Showroom hours of operation will be no longer than from 9:00 a.m. to 7:00 p.m. Monday through Thursday; 9:00 a.m. to 6:00 p.m. Friday; and 9:00 a.m. to 6:00 p.m. Saturday. There shall be no automobile sales on Sunday. 2. Hours of operation for automobile service shall be no longer than from 7:30 a.m.to 6:00 p.m. Monday through Friday; and 8:00 a.m. to 1:00 p.m. Saturday; no automobile service hours on Sunday. 3. Hours of operation for parts shall be no longer than from 7:30 a.m.to 5:00 p.m. Monday to Friday; and 8:00 — 1:00 p.m. Saturday. There shall be no operation of the parts department on Sunday. 4. This permit shall expire February 29, 2020. 5. This Special Use Permit is subject to the termination requirements set forth in section 240- 64 and 240-65 and to the use restrictions set forth in Section 240-30B of the Zoning Code of the Town of Mamaroneck. 6. There shall be compliance with all necessary permits from the Westchester County Department of Health and the New York Department of Environmental Conservation. 7. Within 90 days after the date hereof, the Applicant shall submit, to the satisfaction of the Town Engineer, in consultation with the Planning Board attorney, appropriately executed documentation showing that it has the right to use the portion of parking spaces that extends past the property boundary into the adjacent lot. Failure to do so shall render this Special Use Permit void commencing on the 91" day after the date hereof. This decision hereby is certified as true and correct and shall be filed with the Town Clerk. OLD BUSINESS The Acura application was discussed and it was noted that, in violation of the 1986 special use permit and site plan on file, they apparently continue to be test drives on Harrison Drive as well as loading and unloading cars on Palmer Avenue. Mr. Wasp stated that he and Mr. Polcari met with Mr. Villani, Acura's site design consultant and the attorney for Acura, Mr. Mazin, and it was made clear that an application to renew the special use permit is to be submitted for the June Planning Board meeting. 8 The Board stated that they would like an owner of the property or a senior executive of the entity that operates the dealership from Acura to attend the next Planning Board meeting, and Acura's counsel is to be so informed by Mr. Wasp or Ms. Hochman. Mr. Wasp and Ms. Hochman are to advise the Board at or before the June meeting whether a new Special Use Permit can be approved by the Board while there are outstanding violations. Mr. Wasp stated that two summonses have been issued against Acura. Mr. Wasp reported that Mr. Altieri expressed that the Town is prepared to authorize appropriate legal enforcement of Acura's violations of its site plan and of its most recent Special Use Permit, and its lack of a current Special Use Permit. The Board discussed the traffic study that was submitted for the Village Square Shopping Center on behalf of Trader Joe's. Mr. Wasp stated that further investigation is required. ADJOURNMENT The meeting was adjourned at 9:45PM Minutes prepared by Francine M. Brill, Planning Board Secretary 9