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HomeMy WebLinkAbout2019_03_13 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 March 13, 2019 Present: Ralph Engel, Chairman, Edmund Papazian, Ira Block, Ron Mandel Also Present: Lisa Hochman, Counsel to Planning Board, Robert Wasp, Town Engineer, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison. Absent: Elizabeth Cooney, Elizabeth Paul, Environmental Planner CALL TO ORDER The meeting was called to order at 7:30 P.M. Mr. Engel stated that Ms. Weingarten resigned and Ron Mandel is now a member of the Board. He thanked Ms. Weingarten for her service and welcomed Mr. Mandel. Mr. Engel stated that the applications would be taken out of order. MINUTES The draft minutes of the February 6, 2019 meeting were discussed. Motion: To approve the draft minutes of February 6, 2019, with technical corrections Action: Unanimously approved Moved by Ira Block, seconded by Ron Mandel Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel 1. 84 Weaver Street - 84 Weaver Street Realty LLC - Residential Site Plan – Public Hearing continued Benedict Salanitro, the applicant’s engineer, and Frank Marsella, the applicant’s architect, addressed the Board, stating that the application was referred to the Mamaroneck Historical Society. Ms. Brill stated that more than 30 days have elapsed and there has been no response. The Board discussed the wording, placement and type of sign indicating the historical significance of the property. There were no public questions or comments. Motion: To close the public hearing Action: Unanimously approved Moved by Ira Block, seconded by Ron Mandel 1 Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel Ms. Hochman explained the procedure following a finding of inconsistency with the Local Waterfront Revitalization Plan. Motion: To approve the draft resolution, as modified Action: Unanimously approved Moved by Ira Block, seconded by Edmund Papazian Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel RESOLUTION Residential Site Plan Approval 84 Weaver Street On motion of Ira Block seconded by Edmund Papazian, the site plan application of 84 Weaver Street Realty 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 84 Weaver Street, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 4, Block 6, Lot 61 (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 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, before being converted to a private residence in 1925, the structure on the Property was the home of the first public school in the Town of Mamaroneck, constructed in 1808 and hereinafter referred to as the “1808 Weaver Street School House”; and WHEREAS, there have been previous alterations to the structure on the Property and, as a result, the existing structure does not substantially resemble the 1808 Weaver Street School House; 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 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 to determine the Proposed Action’s consistency with the Local Waterfront Revitalization Plan 2 (“LWRP”) and issued a letter to the Planning Board, dated January 30, 2019 (the “CZMC Letter”); and WHEREAS, the CZMC Letter addressed the historical significance of the Weaver Street School House, stating, as follows: It was constructed in 1808 and served as the Town’s school until Murray Avenue School was opened. The Historical Society maintains a blue sign in front of the house identifying the school as a local historic site. In addition to being recognized by the Historic Society, the structure is also listed in the Local Waterfront Revitalization Program. Policy 23 of the LWRP states: Protect and restore structures, districts, areas or sites that are of significance in the history, architecture, archeology or culture of the State, its communities or the Nation.” Policy 23 specifically identifies this structure as one of 13 “structures, districts and sites, among others in the Larchmont – Mamaroneck coastal area of historic, architectural, archaeological or cultural significance meriting protection…” The explanation of the policy states: “Structures, districts and sites designated pursuant to this policy shall be protected against significant adverse change and, where appropriate, restored or rehabilitated for adaptive reuse. In this context “adverse change” means, among other things, demolition or removal in whole or in part, or inappropriate alteration of or addition to the architectural, structural, ornamental or functional features…” WHEREAS, because of the inconsistency with Policy 23, the CZMC Letter stated that it found the demolition of the structure on the Property to be inconsistent with the LWRP; and WHEREAS, Elizabeth Paul, the Town Environmental Planner, attended the CZMC meeting and reported to the Planning Board on February 6, 2019 that, other than the inconsistency with LWRP Policy 23, members of the CZMC expressed no objections to the Proposed Action; and WHEREAS, by memo dated February 12, 2019, the Planning Board Secretary referred this Application to the Mamaroneck Historical Society; and WHEREAS, there has been no verbal or written correspondence received from the Mamaroneck Historical Society; and WHEREAS, because of the inconsistency with Policy 23, the Planning Board accepts the CZMC finding; however, the Planning Board determines (i) that no reasonable alternatives exist which would permit the Proposed Action to be taken in a manner which would not substantially hinder the achievement of such policy; and 3 (ii) that the action taken will minimize all adverse effects on such policy to the maximum extent practicable because of the following: a. There have been previous alterations to the structure on the Property and, as a result, Board members find that the existing structure does not substantially resemble the 1808 Weaver Street School House; and b. Other than the fact that the demolition of the existing structure on the Property violates Policy 23 of the LWRP, the CZMC had no objection to the Proposed Action. c. The Applicant has agreed to obtain and maintain a monument in front of the house identifying the Property as a local historic site, the former location of the 1808 Weaver Street School House. WHEREAS, Pursuant to Section 234-5 of the Town Code, such a determination constitutes a determination that the action is consistent to the maximum extent practicable with the LWRP; 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”) and found such Plans to be satisfactory; and  Drawings titled: “New Residence at 84 Weaver Street”, Sheets: “A0.0”, “A1.0” “A2.0”, “A3.0”, “A4.0”, “A5.0”, “A6.0” & “L-1” prepared by Marsella Knoetgen Architects, dated 12/26/18, last revised 3/13/19; and  Drawings titled: “84 Weaver Street Larchmont”, Sheets: “ER-1” & “ER-2”, prepared by Benedict A. Salanitro, P.E., P.C., dated 10/07/18; and WHEREAS, in a memo to the Planning Board dated January 8, 2019, Richard Polcari, Town Building Inspector, stated: “After a review of the plans dated November 28, 2018, for a proposed house at 84 Weaver Street, it is my opinion that the proposed house and lot are zoning compliant per The Code of the Town of Mamaroneck §240-38 for R-7.5 district”; 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 January 9, February 6 and March 13, 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 178-12 of the Residential Site Plan Law. 4 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 an 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. 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. 5 12. Applicant shall install and maintain a monument in front of the house identifying the Property as a local historic site, the former location of the 1808 Weaver Street School House (hereinafter referred to as the “Weaver Street School Monument”. a. The Weaver Street School Monument shall be located at the front property line, outside the New York State Department of Transportation right-of-way. b. The size and material of the Weaver Street School Monument shall be substantially similar to the monument located at the intersection of Palmer Avenue and Weaver Street. c. In the interim period before the Weaver Street School Monument is installed, the Applicant shall retain the existing blue sign in front of the house. d. The Plans shall be revised to reflect the location design, installation and required maintenance of the Weaver Street School Monument. e. The design, location and installation of the Weaver Street School Monument shall be to the satisfaction of the Town Engineer. This decision shall be filed with the Town Clerk. 2. 145 East Garden Road - Red Garden Road LLC - Residential Site Plan - Public Hearing Benedict Salanitro, the applicant’s engineer, addressed the Board to explain the proposal to demolish a 1½ story residence and build a new single family house slightly east of where the present house on the site is located. Mr. Salanitro further stated that he attended a PEER meeting and met with the Coastal Zone Management Commission. 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 Public Comments Christopher Derhammer-Hill stated concerns regarding drainage and the drywell system, as well as the stairwell close to the property line. He asked why calculations were not done for the 100- year storm. Mr. Engel responded that the Town Engineer and the Town’s Consulting Engineer reviewed the stormwater plan and the Building Inspector found the plan to be zoning compliant. Mr. Oliveri stated that Mr. Salanitro has been responsive to the issues he had raised. For example, the drywells were relocated to the front to keep water away from the back corner. 6 The Board discussed stormwater controls. Mr. Engel stated that, based upon the Engineers’ statements, once the project is finished, there should be less flow than exists now. Marcy Vandell of 28 Ellsworth Rd. stated her concerns regarding stormwater runoff. Mr. Wasp explained the stormwater engineering calculations and that there will be permits issued by the Town Building and Engineering Departments and inspections done before a Certificate of Occupancy will be issued. Ms. Vandell stated concerns about her quality of life, as the mechanicals (specifically air conditioner condensers and a generator) in the rear would have a potentially substantial negative impact on her, and asked if they could be relocated. She gave the Board photos which were entered into the record and marked Exhibit 3-12-19 1. Mr. Salanitro stated that the mechanicals have been moved from their original proposed location, and he would need to speak to his client to determine whether they can be moved further away from Ms. Vandell’s property. Phil Moran of 15 Greystone asked about the change of grade as well as the footprint of the new vs. the existing house. Barbara Dempsy Spellman questioned rock removal. Mr. Salanitro stated that there will be a limited amount of rock removal, approximately 78 cubic yards -- a few truck loads. Mr. Wasp stated that the Town Code provides specific procedures regarding rock removal. The Board discussed the timeframe for demolition and construction. The Board asked why the mechanicals cannot be moved, and Mr. Salanitro stated that he needs to confer with the applicant. The matter is adjourned to April. 3. 2430 Boston Post Road – Nordone and Sons - Special Use Permit Renewal – Public Hearing Joe Nordone, the applicant, addressed the Board to request renewal of the Special Use Permit and stated that there have been no changes to the operation of the business. Mr. Wasp stated that there are no outstanding violations against the property. 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 There were no public questions or comments Motion: To close the public hearing 7 Action: Unanimously approved Moved by Edmund Papazian, seconded by Ron Mandel Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel The Board discussed the draft resolution and conditions. Motion: To approve the draft resolution, as modified. Action: Unanimously approved Moved by Ira Block, seconded by Edmund Papazian Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel RESOLUTION Special Use Permit Renewal Nordone & Sons Auto Body, Inc. - 2430 Boston Post Road On motion of Ira Block seconded by Edmund Papazian, the Special Use Permit Renewal application of Nordone & Sons Auto Body, 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 to 0, with no abstentions. WHEREAS, the Applicant submitted an application for a renewal of a Special Use Permit for use of 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; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR§ 617 et seq., and accordingly, no further action under SEQRA is required; and WHEREAS, a duly noticed Public Hearing was held on March 13, 2019; and WHEREAS, the Planning Board, having considered the application for renewal of the Special Use Permit, the plans and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, comments of the Town Engineer and the Consulting Engineer to the Town and offered to hear comments from interested members of the public, but there were none. 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, due to the conditions herein set forth, 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 Renewal will be no more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of 8 lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit Renewal. 3. 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. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Nordone & Sons Auto Body, Inc. for a Special Use Permit Renewal 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: 1. Services on the premises shall be limited to auto body and fender repair. No repairs requiring breakdown of the motor, transmission or universal joints shall be permitted. Repairs to the electrical system shall not be performed, except as related to accidents and theft. 2. 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 previously 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 only from 8:00 a.m. to 7:00 p.m. Monday through Saturday. However, drop-off and pickup shall be permitted outside of these hours. 5. No noise emanating from inside the building shall be audible outside the building and 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 times when the vehicles are moving in and out of the building. All work shall be performed inside the building. 9. The applicant shall maintain 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 in the event that any permit is revoked or lapses, for any reason. 11. The applicant shall use a containment tracking material in the exterior drains (“pig mat” or equivalent) and have the mats collected by an approved toxic waste removal 9 company on a regular basis. In addition, the Applicant shall maintain sufficient absorbent material in the interior floor drain to collect any pollutants before they enter the sanitary sewer system. 12. The applicant shall maintain all necessary permits from the Westchester County Department of Health and the New York State Department of Environmental Conservation relating to air pollution emissions, waste disposal and spray painting processes. 13. 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. 14. This Special Use Permit shall expire two years from the date hereof. 15. The Applicant shall resolve any outstanding parking and/or environmental issues prior to the next renewal of this Special Use Permit. 16. Parking on the premises in front of the overhead doors shall be permissible only for vehicles operated by the Applicant’s customers or suppliers making deliveries to the Applicant and such parking shall be permissible only for one (1) hour or less. 17. Commencing no later than March 31, 2019, there shall be no overnight parking or storage of vehicles owned by the Applicant, its customers or its employees on the adjoining Van Guilder Street right-of-way unless such use is permitted by an agreement with the Town of Mamaroneck, or the Applicant enters into contract to purchase or lease or obtain a license to use the referenced property for such purposes. This decision shall be filed with the Town Clerk. 4. 2423 Boston Post Road – Majestic Glass and Mirrors - Special Use Permit Renewal Public Hearing Adrian Guaman, representing the owner/applicant Henry Morocho, addressed the Board to request a renewal of the Special Use Permit. Mr. Wasp stated that his site visit found everything to be in compliance. Motion: To open the public hearing Action: Unanimously approved Moved by Edmund Papazian, seconded Ira Block Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel There were no public questions or comments. Motion: To close the public hearing Action: Unanimously approved 10 Moved by Ira Block, seconded by Edmund Papazian Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel Motion: To approve the draft resolution, as modified Action: Unanimously approved Moved by Ron Mandel, seconded by Ira Block Vote: Ralph Engel, Edmund Papazian, Ira Block, Ron Mandel RESOLUTION Special Use Permit Renewal Majestic Glass and Mirrors - 2423 East Boston Post Road On motion of Ron Mandel seconded by Ira Block, the Special Use Permit Renewal application of Majestic Glass and Mirrors (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 to 0, with no abstentions. WHEREAS, Henry Morocho, on behalf of Majestic Glass & Mirrors (the “Applicant”), submitted an application for a renewal of a Special Use Permit for use of the premises at 2423 East Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Lot 463 for use for an establishment to modify and sell glass and mirrors; and WHEREAS, Section 240-30.B of the Code of the Town of Mamaroneck (the “Town Code”) lists stores for the sale of goods as a special permit use; and WHEREAS, a duly noticed Public Hearing was held on March 13, 2019; 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 has considered the application for renewal of the Special Use Permit, the plans submitted by the Applicant, comments and responses to questions by the Applicant, the reports and comments of the consulting Engineer to the Town and offered to hear comments from members of the public, but there were none; and. WHEREAS, the prior Special Use Permit expired on October 10, 2018. NOW, THEREFORE, BE IT RESOLVED, that this Board APPROVES the Application. BE IT FURTHER RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in harmony with the surrounding area and will 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. 11 2. The operations in connection with the Special Use Permit, as limited by the conditions set forth herein, 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. 3. The proposed Special Use Permit, as limited by the conditions set forth herein, 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. 4. There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck relating to the subject property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the applicant for a Special Use Permit subject to the following terms and conditions: 1. The hours of operation shall be only as follows: Monday through Friday 8:30 a.m. – 5:00 p.m. and Saturday 9:00 a.m. 2:00 p.m. 2. This Special Use Permit renewal shall expire on October 10, 2020. 3. The Applicant shall be responsible for the proper maintenance of any garbage dumpsters used in connection with its business operations and shall comply with any and all reasonable directives with respect thereto by the Director of Building. 4. This Special Use Permit is subject to termination requirements set forth in Sections 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. 5. The Applicant may use the portion of the premises now used for cutting glass as an office or additional show room without obtaining an additional or modified special use permit. This decision shall be filed with the Town Clerk. 5. 808 Weaver Street - Bonnie Briar Country Club – Wetlands and Watercourses - Consideration Benedict Salanitro, the applicant’s engineer, described the proposal to maintain and repair various features of the property. Mr. Oliveri stated that dredging and dewatering may trigger DEC review. The matter was referred to the Coastal Zone Management Commission and adjourned to April for further consideration. ADJOURNED 12 The meeting ended at 9:40 P.M. Minutes prepared by Francine M. Brill, Planning Board Secretary 13