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HomeMy WebLinkAbout2019_09_11 Planning Board Minutes THE MINUTES OF THE REGULAR METING 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 SEPTEMBER 11, 2019 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira Block, Ron Mandel Also Present: Lisa Hochman, Counsel to Planning Board, Anthony Oliveri, Consulting Engineer, Elizabeth Aitchison, Environmental Planner, Sabrina Fiddelman, Town Board Liaison. Absent: Robert Wasp, Town Engineer CALL TO ORDER The meeting was called to order at 7:30 P.M. MINUTES The minutes of August 14, 2019 were discussed. Motion: To approve the draft minutes with technical corrections Action: Approved Moved by Ira Block, seconded by Ron Mandel Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel Abstained: Elizabeth Cooney Mr. Engel stated that applications 1 & 2 are adjourned at the applicant's request. He further stated that the Board will be holding a Special Meeting in connection with the Winged Foot Golf Course U.S. Open application on September 25, 2019. He added that, at tonight's meeting the applications will be taken out of order. 7. 626 Fifth Avenue-McGuires Service Corp. -Special Use Permit Renewal-Public Hearing Jim Santoro, the office manager, addressed the Board requesting renewal, stating there are no requested changes to the existing special permit. Mr. Engel stated he appreciates the replacement plantings. Motion: To open the public hearing Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel, Elizabeth Cooney There were no public questions or comments. Motion: To close the public hearing Action: Unanimously approved 1 Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel, Elizabeth Cooney The Board discussed the proposed resolution. Motion: To approve the draft resolution with an expiration date of July 12, 2021. Action: Unanimously approved Moved by Edmund Papazian, seconded by Ira Block Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel, Elizabeth Cooney RESOLUTION On motion Edmund Papazian, seconded by Ira Block, the application of McGuire's Service Corp. (the "Applicant") for approval of the renewal of its 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 5 to 0, with no abstentions. WHEREAS, the Applicant submitted an application for a special use permit renewal for continued use of the premises at 626 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132, Lot 61 as a contractor's establishment; and WHEREAS, the applicant seeks to continue to use the subject premises as a contractor's establishment in a SB-R zoning district; and WHEREAS, the prior special use permit renewal expired on July 12, 2019; and WHEREAS, Section 240-31.B.6 of the Zoning Code of the Town of Mamaroneck lists "Contractors' Establishments" as a specially permitted use in the SB-R zoning district; and WHEREAS, a duly noticed public hearing was held on September 11, 2019; and WHEREAS, the Planning Board has considered the application for the special use permit renewal, comments and responses to questions by the applicant, and received no comments from interested members of the public; and WHEREAS, this is Type II action pursuant to SEQRA and MEQR requiring no additional environmental review; and WHEREAS, Section 240-62 of the Zoning Code of the Town of Mamaroneck provides that the Planning Board shall not grant a special permit unless, it determines the standards stated therein have been met. NOW, THEREFORE,BE IT RESOLVED that this Board makes findings of fact 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. 2 B. The operations in connection with the Special Use Permit renewal will be no more objectionable to nearby properties by reason of noise, fumes, and vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit. C. The proposed Special Use Permit renewal 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. There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck on the subject property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of McGuire's Service Corp. for a renewal of the previously awarded Special Use Permit for its contractor's establishment, subject to the following terms and conditions: 1. The hours of operation shall be from 6:30 a.m. to 5:00 p.m. Monday through Friday, closed on Saturday and open from 8:00 a.m. until 2:00 p.m. on Sunday. 2. There will be no on-site servicing of vehicles or equipment. 3. There shall be no on-site storage of noxious or hazardous materials. 4. This special use permit renewal shall expire on July 12, 2021 5. Landscaping shall be maintained in accordance with approved plan on file. 6. This Special Use Permit renewal is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. 3. 668 Forest Avenue—668 Forest Avenue LLC —Residential Site Plan—Public Hearing Benny Salanitro, the applicant's engineer, and Frank Marsella, the applicant's architect, were present to address the Board regarding the application for a new single-family residence. Mr. Salanitro stated that the Coastal Zone Management Commission (CZMC) made a finding that the project is consistent with the Local Waterfront Revitalization Plan(LWRP). He further stated that the plan was updated to address prior comments by staff and the application is complete. Mr. Engel asked why trees on the property were cut already. Mr. Marsella stated that he only became aware of that when he placed the notice sign. Ms. Aitchison stated that she spoke to the owner and requested that he wait to take down the trees. However, she stated that a tree removal permit is not required given the size of the property. Ms. Aitchison further stated that they are not 3 replacing the same number of trees because there is a lot of rock on the property. The applicant is proposing adding three street trees. The landscape plan shows trees and shrubs. Mr. Engel stated that a concerned neighbor wrote a letter(dated 9/6/19)regarding the tree removal. The letter was entered into the record. Tree removal was discussed and Mr. Engel stated the Board tries to protect trees but the Planning Board cannot change a Town ordinance allowing the removal of trees on properties below a certain size. He suggested that residents may ask the Town Board to change that ordinance if they so desire. Motion: To open the public hearing Action: Unanimously approved Moved by Ron Mandel, seconded by Edmund Papazian PUBLIC COMMENTS Michael Salemi of 35 Villa Road,the rear neighbor, stated that he is concerned about rock removal because the rock runs under both houses. Rock removal and protection for neighbors was discussed. Mr. Engel stated that the Town Engineer will review the potential impact related to rock removal and protective measures. Mr. Engel further asked the applicant to make a proposal to plant more trees. Evan Pasqua of 1 Boulder Road, the house on the corner, also voiced concerns regarding rock chipping and protection. He stated a tree in the rear corner would not have affected the proposed house but it was also removed, although the shared oak remained at his request. Judy Caputo of Forest Avenue stated that she is very upset that the house is to be demolished and voiced concerns regarding the size of the proposed house and storm water mitigation. Mr. Salanitro explained that the stormwater calculations are done to Town specifications for the entire area, for the 25-year storm event. Ms. Caputo stated it is sad to see the slate and windows destroyed and Mr. Salanitro stated that anyone can have them. Andrea Hirsch of 677 Forest Avenue, stated she knows a salvage company that may be interested. Mr. Engel requested a revised site plan. Motion: To adjourn and continue the public hearing next month Action: Unanimously approved Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel, Elizabeth Cooney 4. 30 Greystone Road -Deborah and Larry Fine - Residential Site Plan—Public Hearing 4 Benny Salanitro,the applicant's engineer, and Greg Lewis, the architect, addressed the Board. The applicant is scheduled to appear at the CZMC meeting on September 23, 2019. Ms. Brill stated that the Town Fire Chief stated that the Fire Department has no objection to the grass strip in the driveway. The Board discussed the proposal. Motion: To open the public hearing Action: Unanimously approved Moved by Edmund Papazian, seconded by Ron Mandel Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel, Elizabeth Cooney PUBLIC COMMENTS Karen Bendel of 28 Ellsworth Road inquired about setbacks because the proposed house will be larger than the current house. Scott Raved of 30 Stoneyside Drive stated, concerns because there is a lot of rock in the neighborhood and, further claimed that the applicant "took advantage of every loophole", to build as big a house as possible on this nonconforming lot. He also voiced concern about the character of the neighborhood, stating that he will have the last cottage in the neighborhood. He repeated concerns about rock chipping and the proximity to his house and the height of the retaining walls. Mr. Engel stated that the Town Engineer, Mr. Wasp, would review. Greg Lewis offered to survey adjoining neighbors' houses and place monitors. Mr. Raved stated he did not want the two sugar maples as proposed and would prefer a smaller tree. Greg Lewis responded that they are open to accommodating Mr. Raved's preferences regarding trees. Ms. Aitchison also proposed smaller trees. Mr. Raved requested swales to the inside of the retaining wall to keep water running away from his house and Mr. Lewis responded that this request can be accommodated. The proposed retaining walls were discussed and Mr. Lewis stated that he would look for a way to lower the walls. Mr. Raved voiced concerns that the existing sewer and sanitary system is not adequate to contain the outflow of the proposed, larger house. Alexandra Michaels of 24 Greystone asked about the existing wall and Mr. Salanitro stated it will remain as is. Mr. Engel stated the public hearing will remain open, and continue on October 16, 2019. Ms. Aitchison asked that a corrected landscaping plan be prepared for CZMC and the Board. 5 6. 1262 Boston Post Road — Trader Joe's - Special Use Permit Renewal and Site Plan Amendment—Public Hearing Steve Silverberg Esq, of Silverberg, Zalantis, addressed the Board to propose modifications to the entrance to and exit from the parking lot to address traffic and access issues raised previously. A site plan was submitted for review. The applicant's engineer stated that the site plan shows what was previously discussed: a right turn only lane with a wide center strip and the proposed staging area in the rear. The exit from the shopping center was discussed. Mr. Silverberg stated that a prohibition against left turns should help traffic movement. The Town traffic consultant and the applicant's traffic consultant agreed that eliminating left turns would at least partially alleviate the traffic backup and improve emergency vehicle access as raised by the Town Fire Department. The Board discussed whether to have the Town consultant take a final look and report back; due to the cost it was determined not to do so. The enforceability of the right turn only lane was discussed. Mr. Engel stated that the Town would have to enact a law to make it enforceable. Mr. Silverberg stated that the applicant would have to get permission from NYSDOT to place a right turn only sign on the other side of Boston Post Road. The matter was referred to the Town Traffic Committee for it September 25th meeting. The expanded loading dock and possible change of hours for deliveries was also discussed. The public hearing remains open and is to be continued at the October 16th meeting. 8. 67 Rockland Avenue—JAF—Residential Site Plan - Consideration Eliot Senor, the applicant's engineer, stated that they were before the Board for a new house in essentially the same location as the existing house. He described the plan, including the drainage system, the driveway and the proposed locations for air conditioning condensers. Mr. Engel asked if there would be a generator and Mr. Senor answered that no generator is planned. Mr. Block stated a copy of the recorded deed is required to be presented to the Board. Mr. Engel referred the matter to the CZMC. Motion: To set the public hearing for October 16th, 2019. Action: Unanimously approved 6 Moved by Elizabeth Cooney, seconded by Ron Mandel Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel, Elizabeth Cooney ADJOURNED The meeting was adjourned at 9:25P.M. Minutes prepared by Francine M. Brill, Planning Board Secretary 7