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HomeMy WebLinkAbout2002_05_08 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 8,2002,IN THE COURT ROOM,TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK,NEW YORK Present: Marilyn S.Reader,Chairwoman May W.Aisen Robert A.Cohen Edward Z.Jacobson C.Alan Mason Edmund Papazian Marc H.Rosenbaum - Also Present: Robert S.Davis,Counsel Ronald A.Carpaneto,Director of Building Antonio V.Capicotto,Consulting Engineer Elizabeth Paul,Environmental Coordinator Nancy Seligson,Liaison Denise M.Carbone,Public Stenographers Carbone&Associates,Ltd. 111 N.Central Park Avenue Hartsdale,New York 10530 Marguerite Roma,Recording Secretary CALL TO ORDER 'The meeting was called to order by Chairwoman Marilyn Reader at 8:15 p.m. Ms.Reader welcomed a new member to the Board,Marc Rosenbaum. Marc is a resident of Larchmont for eleven years. He is currently the President and CEO of the Brooklyn Navy Yard Development Corporation. He is an attorney and his practice is corporate litigation. He has done several litigations in the U.S.Attomey's office as well. We look forward to his active participation on the Board. Mr.Rosenbaum said thank you very much. I look forward to it. APPROVAL OF MINUTES Ms.Reader asked if the Board members had reviewed the draft Minutes of February 13,2002 and asked if there were any modifications or corrections. There being none,on a motion made by Mr.Jacobson, seconded by Mr.Cohen,the February,2002 Minutes were approved. Ms. Reader said the Board still has to review the Minutes of the March 13, 2002 together with the transcript of that date. She asked if everyone has had an opportunity to review those Minutes and asked if there were any modifications or corrections. There being none,on a motion made by Mr.Papazian, seconded by Ms.Aisen the March 13,2002 Minutes were approved. Mr.Rosenbaum abstained as he was not a member of the Board at that time. Mr.Cohen also abstained,as he was not present at that meeting. Ms.Reader said the next Minutes are April 10,2002. I don't think anyone has had a chance to review 1\ those,so we'll hold those over to the next meeting. Planning Board May 8,2002 Page 2 On a motion duly made and seconded,it was unanimously RESOLVED,that the Public Hearing be,and hereby is,declared open. THE PUBLIC STENOGRAPHER WAS PRESENT FOR THIS MEETING AND HER TRANSCRIPT WILL BECOME A PERMANENT PART OF THIS RECORD. Ms.Reader read the first matter on the calendar as follows: PUBLIC HEARING-SITE PLAN APPROVAL-Bonnie Briar Country Club-808 Weaver Street- Block 225,Lot 1 and Block 201,Lot 19(adjourned 3/13/02) A letter was received from Todd Zom,General Manager for Bonnie Briar Country Club,requesting an adjournment to the June 12,2002 Planning Board meeting. Ms.Reader read the next application as follows: PUBLIC HEARING-SPECIAL PERMIT-Nordone&Sons Auto Body,Inc.-2430 Boston Post Road- Block 503,Lot 421 A discussion ensued regarding this matter. Dr.Mason arrived at this time. On a motion made by Mr.Jacobson,seconded by Ms.Aisen,it was unanimously RESOLVED,that the Public Hearing be,and hereby is,declared closed. On a motion made by Mr. Rosenbaum, seconded by Mr. Papazian, the following resolution was unanimously APPROVED with the conditions as stated: WHEREAS,Nordone&Sons Auto Body,Inc./Donald Mazin,submitted an application for a Special Use Permit on the premises at 2430 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Lot 421 to perform auto body and fender repair previously granted to Tedesco Auto Body,Inc.;and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR§617 et seq. Accordingly,no further action under SEQRA is required. WHEREAS,a Public Hearing having been held on August 8,2001 pursuant to notice;and WHEREAS,the Planning Board having considered the application for the Special Use Permit,the plans and environmental analysis submitted by the applicant, comments and responses to questions by the applicant,the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public; 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; Planning Board May 8,2002 Page 3 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. BE IT FURTHER RESOLVED,that this Board GRANTS the application of Nordone&Sons Auto Body, Inc./Donald Mazin for a Special Use Permit for an automobile repair facility performing auto body and fender repair at the premises located at 2430 Boston Post Road subject to the terms and conditions set forth below and subject to the terms of a Special Permit granted to Tedesco Auto Body,Inc.on August 8,2001, subject to the following terms and conditions: 1. Services on the premises shall be limited to the following: auto body and fender repair. No repairs requiring breakdown of the motor,transmission or universal joint shall be permitted. Repairs to the electrical system shall not be performed,except as related to accidents and loss. 2. All heavy work shall be done on the upper level and only sanding,painting,polishing and reassembly of vehicles shall be performed on the lower level. 3. The applicant agrees to provide and maintain the pollution control services and activities as set forth in a memorandum from the Coastal Zone Management Commission,dated December 5, 1990,and such activities shall constitute conditions of this Special Permit. 4. Hours of operation shall be from 8:00 a.m.to 7:00 p.m.Monday through Saturday. No noise emanating from inside the building shall be audible outside the building. Dropoff and pickup shall be permitted outside of these hours. 5. There shall be no externally audible public address system,bullhorns or walkie-talkies on the premises. 6. All lights,except for security lighting,shall be turned off when the premises are vacated for the evening. 7. All lights for the driveway and parking area shall be directed towards the building. 8. All doors shall be kept closed while work is in progress,except for the time the vehicles are moving in and out of the building. All work shall be done inside the building. 9. The applicant shall install and use reasonably available odor control technology. 10. The applicant shall promptly furnish current copies of all required permits and renewals or replacements thereof to the Building Department. The application shall also promptly inform the Building Department in the event that any permit is revoked or lapses,for any reason. 11. The applicant shall use a contaminant tracking material in the exterior drains("pig mat" or equivalent)and to have the mats collected by an approved toxic waste removal company. In addition,the applicant shall place a small piece of this absorbent material in the interior floor drain to collect any pollutants before they enter the sanitary sewer system. Planning Board May 8,2002 Page 4 12. The applicant shall obtain the approval from the Board of Architectural Review(BAR) for its signage. - 13. The applicant shall obtain all necessary permits from the Westchester County Department of Health and the New York Department of Environmental Conservation relating to air pollution emissions,waste disposal and spray painting processes. 14. 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 240-31 of the Zoning Code of the Town of Mamaroneck. 15. This Special Use Permit shall expire after two(2)years. Mr.Mazin thanked the Board. Ms.Reader read the next application as follows: CONSIDERATION-FRESHWATER WETLANDS AND WATER COURSES PERMIT-Joseph Yasgur-7 Deerfield Lane-Block 325,Lot 92 Ms.Aisen said on a couple of the plans the address is listed as 4 Deerfield Lane. John Giancola said that's incorrect. The latest revised plans have the correct address. Ms.Reader asked Mr.Giancola to give the Board some background information about the project. Mr.Giancola said just briefly,as the hour is late. Ms.Reader said you don't have to be brief,because you want to make sure that you address all the issues that we may want you to focus on and be prepared for the next hearing. Mr.Giancola said that the house was built sometime between the late'50's and early'60's. The man-made pond was created at the same time. Our client,Joseph Yasgur,who is also with me this evening has owned the property for the last 18 years. The entire tract is about 3.04 acres. We're proposing this evening a detached garage of approximately 915 sq.ft.,approximately a 240 ft.length driveway,70 ft. of which will be paved. There were some concerns that the Town engineer had. We made some changes addressing their concerns and resubmitted them at the end of April. I'm not sure whether Mr.Capicotto has had a chance to review what we submitted and has his comments for it. I called this afternoon and was told there were no comments. Mr.Giancola said the four concerns basically had to do with how we were retaining the water,the heights of the water levels and the soil ferocity. We've addressed all those by ...inaudible at the site and we determined....the detention system that was originally proposed previous to the first application was a 4 ft.high,8 ft.diameter dry well. That won't work based on a test that we did out there recently. We had one of our engineers draw by hand here and in the this area and used those same probes to run the percolation test. We found that the water level in this area is"seasonal high of projected ground water." It's an indication of how high the water actually rises in the soil and what is does is as the water rises and falls it means a stain behind the...inaudible. Based on those tests we found that the...inaudible in this area is around 22 inches below the surface. We have the revised..inaudible 18 inch high gallery system, rather than what we were proposing originally. Mr.Giancola said to answer your concern about the runoff from the first 70 ft.of driveway,we placed a macadam curb which would be along the western edge of the proposed driveway directed into a catch basin which will then feed it into the detention system. The detention system has an outflow that will Planning Board May 8,2002 Page 5 basically take the increase in site runoff,retain it and wind up with about a 12%net decrease in steep rated runoff of the site. We're not exacerbating or hampering any of the other neighboring properties. Mr.Giancola said this pond basically has an outlet,but the inlet is all sheathed(?)rock. There are no streams or brooks leading into it. It handles all the runoff from surrounding areas which is a little bit higher than the property elevation. This is in that report to the consultant,the Town Engineer. As far as the location of the driveway and the grading,it's minimal with the exception of the area where the actual violated turns into the garage area that would require a foot or two foot excavation to get a level for at least a 4%or 3%area to get into this garage door which would be on this side of the building. Mr.Giancola said all the roof leaders are set to go into the detention system. The grading of the driveway, which is basically diminimis,is almost to the existing grade. Right now we have 3% coming up the driveway. That macadam portion of it flattens out to 2%as it dips into the basement and then roughly 4% leading into the garage area itself. We're not talking about excessive grades, we're not talking about excessive grading and we're handling all the increase. Ms.Reader asked,what's there now? Mr.Giancola said what's happened is this is all a manicured lawn area and this area is pretty much an open area. There are very moderate trees in there,two of which are in fairly poor condition. I believe it's a dead...interrupted. Ms.Reader asked,do you mean the 14 inch Oak? Mr.Giancola said the 14 inch Oak,I don't think we can keep it. I don't know if you've seen the site,but once this tree comes out of the driveway we're actually going to try to save it,but it doesn't have any life left in it. This tree over here,a 22 inch Tulip,we're going to try to save it,but I was told by one of our principles that the tree is not in good shape. There are some'vines growing over it. He doesn't think it has much life left to it. Both of theses two trees we don't believe are going to survive. Mr.Cohen said this garage is very far from the house. Mr.Papazian said I would have phrased it differently. Where do you park now? Mr.Giancola said right now there are two bays...I believe there's one more parking spot in here. I'll have to ask Mr.Yasgur to give a reasonable statement. Ms.Aisen asked,where are they now? Mr.Yasgur said there's this garage which was granted by a wetlands permit approximately 15 years ago. If you want to know the purpose behind wanting a garage,there is no attic space whatsoever. I have no basement space whatsoever. I have three women in my house and we're overwhelmed in a lack of space. Ms.Aisen asked,what's does this got to do with gender? Mr.Yasgur said because there's closets,there's clothes,nothing is ever thrown out. I have two daughters who are of driving age. They are storing things in my existing garage. Ms.Reader said you don't have to justify that. Mr.Yasgur said as far as why the garage is so far from the house,there is really no other place to put it accept in the front lawn. There's a big rock formation. It's really the only place where it can be put. Ms.Aisen asked,is it a three-car garage? Planning Board May 8,2002 Page 6 Mr.Yasgur said this is going to be a three-car garage. Mr.Giancola said there are no plumbing facilities in it,no bedrooms proposed. We have the building plans that were submitted to the Building Inspector. It's strictly...there was some interference:someone was coughing: can't hear and the other reason for it too is you're septic system is here and here ...inaudible. Dr.Mason asked if there is electric service in the garage. Mr.Giancola said I guess for lights,yes. ...inaudible. Ms.Reader said I really can't read the setback on that side nearest the property line. Is it 5 ft.or 3 ft.? Mr.Giancola said it's 7.3 ft.and about 5.2 ft. I didn't do the zoning analysis on this. My office did and I was told it does comply with zoning. Mr.Giancola said the reason for that is,if you've seen the side of this,this is where the last..inaudible begins. We trying to obviously not disturb it. Ms.Aisen said you said that only part of the driveway is going to be paved. Mr.Giancola said that is correct. The first 70 ft.will be paved. Ms.Aisen asked,what's the rest of this driveway? Mr.Giancola said gravel. Ms.Aisen said you are going to pave it with an impervious material. Mr.Giancola yes. It would be asphalt,just this portion of it. Ms.Aisen asked,do you use anything other than impervious material? Mr.Giancola said it's up to our client. Mr.Yasgur said the only reason why I want it is that gravel is far more aesthetic. The only reason we need some type of macadam base initially is because the slope from my driveway is down. There's about a 25/30 ft.drop,but it really does drop down. If I have any type of gravel in that area,it's never going to...inaudible. Ms.Aisen asked,what about these blocks,pavers? Some water would be absorbed between the blocks. Mr.Yasgur said I'm not against that. I've put paving stones through my existing garden. Mr.Cohen said,didn't you say there was a net decrease? Mr.Giancola said a 12%net decrease in peak rate of runoff in 25-year volume. Ms.Yasgur said we're actually making it run slower. Mr.Giancola said we're basically controlling everything that's being proposed as well as the gravel,asphalt and the roof top...inaudible. Ms.Reader said...inaudible zero net. Planning Board May 8,2002 Page 7 Mr.Papazian asked if the current driveway is going to be the same. Mr.Davis said we'll get feedback from the CZMC on that anyway,as this is going to be referred to the CZMC If that's an issue for them, they'll let us know whether it be pavers or something else inaudible Mr.Giancola said I understand that this is being proposed in an area that's been previously disturbed,most likely by the construction of the....inaudible itself. I'M SORRY;THERE'S SOME DISCUSSION THAT CANNOT BE HEARD CLEARLY! Mr.Papazian asked if the current driveway is stone pavers. Mr.Giancola said yes it is,with cobblestone..inaudible. Mr. Capicotto said I did receive your...inaudible and it did have some comments...inaudible. After tonight in case anything else comes up...inaudible. Mr.Giancola said we're hoping to get the...inaudible. Mr.Capicotto said I will get you those comments in writing...inaudible. One of the items,which I'd like to run past the Board first,is...inaudible even though we have gravel driveways we require them to be treated as impervious surfaces in case...inaudible and if you want to do that here that would require them to increase their storage capacity. Mr.Giancola said which we can do. Ms.Reader said why don't you,I would like to know. Mr.Giancola said my only comment to Mr.Capicotto is that if that's the way the Board feels and they're worried about it being paved in the future,unless they want to put a special condition on this permit,we could increase the size of the detention system. MR.DAVIS SPOKE,NOT AUDIBLE! Ms.Reader said this will be referred to the Coastal Zone Management Commission. You're going to have to meet with them. Ms.Paul will be able to tell you when and where later this month. Ms.Paul said it will be May 28,2002 at 8:00 p.m. Ms.Reader said the reason I'm bringing it up is you should be prepared when you go there for what your engineering for the detention plan that will account for the entire distance of the road as if it be a gravel or asphalt. Mr.Giancola said that's not a problem obtaining the collection...inaudible. Ms.Reader said I'm just saying,be prepared for them for that issue. Dr.Mason said to be ready with your trees. Mr.Giancola said we had a licensed forester for that. Ms.Reader said I also refer this to the Westchester County Planning Board. This is a Type II action under SEQRA requiring no further action. Planning Board May 8,2002 Page 8 Ms.Reader asked if there is anything else. There being nothing else,on a motion made and seconded, it was unanimously RESOLVED,that the matter be adjourned for a Public Hearing on June 12,2002. Ms.Reader advised the Board that she will away for that meeting. Mr.Giancola asked about the public notice that has to be sent out. Ms.Roma advised Mr.Giancola that the Town notices the neighbors by certified mail,fifteen days before the meeting. Mr.Giancola said I have been doing this type of notification for twenty-one years and have never had a town do it for me. Ms.Roma said the Town of Mamaroneck does the notice. NEXT MEETING The next meeting of this Board will be held on June 12,2002. ADJOURNMENT On a motion made and seconded,the meeting was unanimously adjourned at 10:30 p.m. )11 JA Marguerite Ro ,Recording Secretary