HomeMy WebLinkAbout2020_02_05 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
February 5, 2020
Present: Elizabeth Cooney, Vice Chair, Ira Block, Ron Mandel, John Cuddy, Sarah Dunn
Alternate Member
Also Present: Lisa Hochman, Counsel to the Planning Board, Robert Wasp, Town Engineer,
Elizabeth Aitchinson, Environmental Planner, Anthony Oliveri, Consulting Engineer, Sabrina
Fiddelman, Town Board Liaison(arrived at 9:00 P.M.)
Absent: Ralph Engel, Edmund Papazian
Ms. Cooney,the acting Chair,welcomed Sarah Dunn,the new alternate member.
CALL TO ORDER
The meeting was called to order at 7:45 P.M. /
MINUTES
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The Board discussed the draft minutes of January 8, 2020.
Motion: To approve the draft minutes, vyith technical corrections
Action: Approved
Moved by: Ira Block, seconded by Ron Mandel
Yes: Elizabeth Cooney, Ira Block, Ron Mandel, John Cuddy
Abstain: Sarah Dunn
1. 2 Champiogsiiip Drive—Town of Mamaroneck—Special Use Permit
The Board discussed the draft resolution prepared by Ms. Hochman.
Motion: To adopt the draft resolution with technical corrections
Action: Approved
Moved by Ira Block, seconded by Ron Mandel
Yes: Elizabeth Cooney, Ira Block, Ron Mandel, John Cuddy
Abstain: Sarah Dunn
RESOLUTION
SPECIAL USE PERMIT
Championship Drive,Town of Mamaroneck,New York
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On motion of Ira Block seconded by Ron Mandel,the application of the Town of Mamaroneck(the
"Applicant") for a special use permit 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 1 abstention.
WHEREAS,the property subject to this application is located on Championship Drive and
known on the Tax Assessment Map of the Town of Mamaroneck as Section 3, Block 45, Lot 1.5
(the"Property"); and
WHEREAS, the owner of the Property, Winged Foot Golf Club,has granted a license to the
Town of Mamaroneck, consenting to this application for temporary use of the Property as a joint
command operation center(the"JOC") in connection with the 2020 US Open; and
WHEREAS, the Town Building Inspector determined that the JOC, despite being temporary and
necessary to ensure public safety at the 2020 US Open,requires a special use permit pursuant to
Section 240-21.B(5) of the Zoning Code of the Town of MamaroOck(the "Town Code"),which
allows firehouses, police stations or other municipal uses in a residential district(the"Special
Use Permit"); and
WHEREAS, the Town Chief of Police, Paul Creazzo, issued a memorandum to the Chair of the
Planning Board,dated December 17,2019,stating that the Property"was evaluated by all members
of the command staff and it was agreed that the site is an ideal location for the JOC [because it]
provides easy ingress and egress for all command staff while providing a centralized location for
briefings with staff and quick response t9 all areas of the course in the event of an emergency";
and
WHEREAS, the Secretary of 04 Planning Board stated that all required referrals were made
pursuant to Section 240-61.E of the Town Code; and
WHEREAS, a duly noticed public hearing was held on January 8, 2020; and
WHEREAS, on behalf of the Town, the Town Administrator, Stephen Altieri, appeared before
the Planning Board on January 8, 2020 and stated that the JOC has been deemed by municipal
officials and staff to be necessary to protect the public and establish safety during the 2020 US
Open; and
WHEREAS, the Applicant has submitted a Temporary Municipal &Emergency Services Staging
Plan dated January 2,2020,which has been reviewed by the Town Engineer and the Town
Building Inspector and found to be satisfactory; and
WHEREAS,the Planning Board has considered the application for a Special Use Permit and has
reviewed the plans submitted by the Applicant, the reports and comments of the Consulting
Engineer to the Town of Mamaroneck, the comments of the Town Building Inspector,the
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consent to the application for the permit by the owner of the Property, and comments made by
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 Environnwntal Quality Review Act, 6 NYCRR§ 617 et seq. and Section 92-
8.A(19)of the Town of Mamaroneck Environmental Quality Review Law(minor temporary uses
of land having negligible or no permanent effect on the environment) and, accordingly,no further
environmental review is required.
NOW,THEREFORE,BE IT RESOLVED,that,in accordance with Section 240-62 of the Town
Code, and based on the temporary nature of the Special Use Permit,the Planning 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 struts.
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 anyermitted use not requiring a special
permit.
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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 surrot pding properties or surrounding property values.
D. That there are not existing violations of Chapter 240 of the Town Code on the property
which is the subject of tl 'application.
BE IT FURTHER RESOLVED,that this application is hereby APPROVED, subject to the
following terms and conditions:
1. This permit will expire on August 15, 2020.
2. Prior to commencement of work,the Applicant shall cause photos of the Property to be taken and
submitted to the Town Engineer and the Town Building Inspector.
3. To the satisfaction of the Town Engineer and the Town Building Inspector, the installation and
subsequent removal of temporary site improvements shall conform to the schedule outlined on the
Temporary Municipal&Emergency Services Staging Plan.
4. To the satisfaction of the Town Engineer and Town Building Inspector, the Property shall be
restored no later than October 31,2020.
This decision is hereby certified and shall be shall be filed with the Town Clerk
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2. 14 Wildwood Circle- Susanne Wahrhaftig-Wetlands and Watercourses Permit and
Residential Site Plan- Public Hearing
Benedict Salanitro the applicant's engineer stated that they were hew last month and since then
have received a letter of consistency from the Coastal Zone Management Commission (CZMC)
and the Department of Health permit for the septic system.
The Board discussed the draft resolution prepared by Ms. Hochman and made technical
corrections.
There were no public questions or comments.
Motion: To close the public hearing f
Action: Approved
Moved by Ira Block, seconded by Ron Mandel
Motion: To adopt the draft resolution approving Wetlands and Water courses Permit, as
amended
Action: Approved
Moved by Ira Block, seconded by Ron Mandel
Yes: Elizabeth Cooney, Ira Block, Ron Mandel, Z6hn Cuddy
Abstain: Sarah Dunn
/RESOLUTION
WETLANDS &WATERCOURSES PERMIT
14 Wildwood Circle,Town of Mamaroneck,New York
On motion of Ira Block, seconded by Ron Mandel, the application of Susanne Wahrhaftig (the
"Applicant") for approval of a wetlands and watercourses permit was unanimously APPROVED
by the Planning Board of the Town of Mamaroneck(the"Board") upon the following resolution,
which was adopted 11a vote of 4 to 0, with no abstentions.
WHEREAS, the Property is located at 14 Wildwood Circle (known on the Tax Assessment map
as Section 5,Block 7,Lot 66 and within the R-10 Residential District in the Town of Mamaroneck,
New York(the "Property"); and
WHEREAS, the Applicant proposes to install a new septic system which requires grade changes
within the required 100-foot wetland buffer of the Premium River(the"Proposed Action"); and
WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application
at its meeting on January 27, 2020 and issued a letter to the Planning Board, dated January 29,
2020 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with
the Local Waterfront Revitalization Program("LWRP"); and
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WHEREAS,the following plans were reviewed by the Town Engineer,the Town Environmental
Planner, the Town's Consulting Engineer and the Town Building Inspector (hereinafter
collectively referred to as the "Plans":
• Drawing Titled: "Wahrhaftig Residence", Sheet: "ER-1", prepared by Benedict A.
Salanitro, P.E., P.C., dated November 12, 2019 and last revised on December 19, 2019;
• Drawing Titled: "OWTS Remediation Plan", Sheet "1", prepared by John Petroccionne,
P.E., dated August 15, 2019
WHEREAS, a duly noticed public hearing for the Application was held on January 8 and February
5,2020,concurrent with a separate application for residential site plan approval pursuant to Chapter
178 of the Town Code; and
WHEREAS, this is a Type II action having no significant impact on the en>onment pursuant to
the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A,
subparagraphs (8) of the Town of Mamaroneck Environmental Quality Review Law and,
accordingly,no further environmental review is required; and
WHEREAS, the Applicant has applied to the Westchester Country Department of Health
(WCDOH) to obtain necessary permit(s) for septic system remediation (the "WCDOH
Approval"); and
WHEREAS, according to the Consulting Engineer, the Property is located in an Area of Special
Flood Hazard, FEMA Zone AE as defined in Chapter 110 of the Town Code and is subject to the
requirements codified in §110-21 of the Town Code; and
WHEREAS,the Applicant submitted a letter to the Town's Consulting Engineer, dated
December 19, 2019, concluding th t" flood storage capacity and increase in water surface
elevation as it relates to fill in thood zone is not a concern for coastal areas in general, and
specifically not for this site as it is not in a regulatory floodway and it is not anticipated to
increase the water surface elevation of the base flood by more than 1 foot"; and
WHEREAS,the To, h's Consulting Engineer stated that a flood damage prevention variance
with respect to Town Code §110-21(E) is necessary; and
WHEREAS, in connection with the Applicant's request for such variance, the Planning Board
considered all technical evaluations and the relevant factors enumerated in Town Code §110-
25(D); and
WHEREAS, in accordance with §114-7(D) of the Town Code, the Board has considered the
following:
I. all available reports concerning the Proposed Action from other commissions,
including the CZMC, and any Town, County, State and/or Federal agencies, as well as
members of the public;
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II. all relevant facts and circumstances pertaining to the Proposed Action, including but
not limited to:
a. any potential environmental impact of the Proposed Action:
The Planning Board determined that the Proposed Action will not negatively impact the
adjacent tidal wetlands because this area will be protected during construction by a silt
fence and seawall. The Planning Board further finds that water quality will be improved
because a failing septic system will be replaced.
b. the alternatives to the Proposed Action:
The Planning Board determined that there are no alternatives because the failing septic
system needs to be replaced to comply with WCDOH regulations. /
c. the impact of the Proposed Action on wetland functions and the benefits as set forth
in §114-1 of the Town Code: /
The Planning Board determined that there will be no impact to wetland functions or
benefits because the area of tidal wetlands will be protected during construction by erosion
control measures including a silt fence and inlet protecin as well as the presence of the
existing sea wall; no increase in flooding is expected because there is no increase in
impervious surface; the existing rain garden will/he protected during construction; and
water quality in the Premium River will improve by replacing a failing septic system with
a new system that utilizes improved treatment technology.
III. The availability of preferable alternative locations for the Proposed Action on the
subject parcel:
The Planning Board determined that there is no preferable alternative location to the
Proposed Action because the location is dictated by the existing septic system which is to
be replaced and there are no public sewers available nearby.
IV. the availability of further technical improvements or safeguards that could feasibly be
added to the proposal;
The Planning Board determined the Proposed Action requires no further technical
improvements because the new septic system will replace a failing septic system and during
construction temporary safeguards will be utilized for erosion and sediment control.
V. the possibility of avoiding reduction of the wetland's or watercourse's natural capacity to
support desirable biological life, prevent flooding, control sedimentation and/or prevent
erosion, facilitate drainage, and provide recreation and open space;
The Planning Board determined that,for the reasons identified above, wetland functions will not
be negatively impacted.
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VI.the extent to which the public or private benefit derived from such use may or may not
outweigh or justify the possible degradation of the wetland or watercourse, the interference
with the exercise of other property rights, and the impairment or endangerment of public
health, safety, or welfare:
The Planning Board determined that, because a new septic system is required by the WCDOH to
protect public health and safety and no negative wetland impacts have been identified, the public
and private benefit of Proposed Action is significant.
WHEREAS, the Planning Board has considered the Application and Plans; comments and
responses to questions by the Applicant and its representatives; the memos, letters, reports and
comments of the Town Engineer, Town Building Inspector, Town Environmental Planner, Town
Consulting Engineer and CZMC; and has heard and considered the comments of interested
members of the public.
NOW, THEREFORE, BE IT RESOLVED, that the Planningoard hereby finds, pursuant to
§114-7(E)of the Town Code,based on the record before it and aft due consideration of the above
criteria set forth in §114-7(D), that the Applicant's proposed regulated activity is consistent with
the purposes of the Local Waterfront Revitalization Plap� and the Wetlands and Watercourses
Protection Law of the Town of Mamaroneck, as set forth'in §114-1 and that the action to be taken
will minimize all adverse effects on such policy to the maximum extent practicable:
• To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses;
to prevent despoliation and destruction; to regulate their use and development; and to secure the
natural benefits of wetlands and water2Ourses that is consistent with the general welfare and
beneficial economic and social development of the town; and
• To ensure maximum protecti4r for wetlands and watercourses by discouraging degradation
within them and within their buffers that may adversely affect these natural resources;to encourage
restoration of already degraded or destroyed wetlands,watercourse and buffers; and to ensure "no
net loss"of wetlands and watercourse areas.
BE IT FURTHER RESOLVED,that the Board APPROVES a flood damage prevention
variance from Town Code Chapter 110, in accordance with the requirements therein.
BE IT FURTHER RESOLVED, that the Planning Board GRANTS the Wetlands and
Watercourses Permit as reflected in the hereinabove identified 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 herein referenced, as
modified in accordance with the specific conditions hereinafter set forth.
2. Any and all applicable county, state and regional permits shall be obtained prior to the
issuance of any Town permits except as otherwise permitted by the Town Engineer in
consultation with the Town Building Inspector.
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3. No certificate of completion shall be issued until all of the required conditions of this
approval have been met.
4. Prior to the commencement of construction, appropriate measures shall be undertaken to
control erosion and minimize water turbidity during construction, including installation
and maintenance of tree protection measures approved by the Town Environmental
Planner.
5. The Applicant will arrange a pre-construction meeting with the Town Engineer and the
Town Building Inspector as well as the Town Environmental Planner, prior to any site
disturbance. The Applicant shall notify the Town Engineer as well as the Town
Environmental Planner, at least 72 hours on working days in advance of any site
disturbance, to inspect the installation of erosion and sediment control devices, and tree
and wetland protection measures. �r
6. Work conducted under Town permits shall be open to inspection at any time, including
weekends and holidays, by the Town Building Inspector,t4e Town's Consulting Engineer
and Town Environmental Planner or their designated representative(s).
7. The Wetlands and Watercourses Permit shall expe one year from the date it is issued.
8. All permits shall be maintained and prominently displayed at the project site during the
undertaking of the activities authorized by'die permits.
9. Violation of any of the conditions imposed herein may result in revocation of the Wetlands
and Watercourses Permit and anther permits the Town may deem appropriate.
10. The Applicant is required to,furnish to the Town a bond or cash deposit in an amount equal
to the estimated cost of thtimprovements within the wetland buffer. This can be combined
with the Erosion and Sediment Control Permit bond to ensure satisfactory completion of
the project and the rehabilitation of the affected or disturbed areas.
11. Prior to the issuance of any permits the Applicant shall submit a site plan for the Property,
including a landscaping plan,to the satisfaction of the Town Environmental Planner.
12. The term "Applicant" is used herein with the intent to impose a future obligation or
condition, and shall include the Applicant, as defined above,and any successors or assigns
in/of ownership interests in the Property or any portion thereof.
13. To the satisfaction of the Town Engineer and prior to the issuance of any Town permits,
the Applicant shall incorporate a note on the Plans to indicate (i) that all imported fill
material shall consist of clean soils capable of meeting the soil constituent concentrations
for "Unrestricted Use" as defined by the NYSDEC DER-10 technical memorandum and,
(ii) set forth the source of all imported fill.
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14. Prior to the issuance of any Town permits, the Applicant shall submit evidence that it has
secured WCDOH Approval. Documentation of WCDOH certificate of completion for
permitted improvements shall be provided prior to issuance of Town permit certificate of
completion.
This decision is hereby certified and shall be shall be filed with the Town Clerk
The Board discussed the draft resolution,prepared by counsel, to approve the residential site
plan.
Motion: To adopt the draft resolution approving the residential site plan, as amended
Action: Approved
Moved by Ira Block, seconded by Ron Mandel
Yes: Elizabeth Cooney, Ira Block, Ron Mandel, John Cuddy
Abstain: Sarah Dunn
RESOLUTION
Residential Site Plan Approval
14 Wildwood Circle, Town of Mam,roneck,New York
On motion of Ira Block,seconded by Ron Mandel,the site plan application of Susanne Wahrhaffig,
(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 upgrade the septic
system (the "Application") at property located at 14 Wildwood Circle, Town of Mamaroneck,
New York and known on the Tax/Assessment Map of the Town of Mamaroneck as Section 5,Block
7,Lot 66 (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, the Town Building Inspector, in a memorandum dated January 29, 2019, stated that
the proposed site work is zoning compliant; and
WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in
accordance with §178-9 of the Residential Site Plan Law and no comments were received; and
WHEREAS, the Town Engineer, the Town Building Inspector and Dolph Rotfeld Engineering,
division of AI Engineers, Inc., PC (the "Town's Consulting Engineer") reviewed the following
plans (hereinafter referred to as the"Plans"):
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• Drawing Titled: "Wahrhaftig Residence", Sheet: "ER-1", prepared by Benedict A.
Salanitro, P.E., P.C., dated November 12, 2019 and last revised on December 19, 2019;
• Drawing Titled: "OWTS Remediation Plan", Sheet "1", prepared by John Petroccionne,
P.E., dated August 15, 2019
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, on January 8 and February 5, 2020 the Planning Board held a duly noticed concurrent public
hearing as to the Application for this residential site plan approval as well as a separate application
for a wetlands and watercourses permit pursuant to Chapter 114 of the Town Code; and
WHEREAS, in accordance with Chapter 234 of the Town Code, the Application was referred to
the Coastal Zone Management Commission of the Town of Mamaroneck("CZMC"); and
WHEREAS,pursuant to the requirements of Chapter 234 of the Town Codi;the CZMC reviewed
the Application at its meeting on January 27, 2020 and issued a letter to the Planning Board,dated
January 29, 2020, stating that the proposal is consistent with the policies of the Local Waterfront
Revitalization Program; and
WHEREAS, the Planning Board has considered the Application; comments and responses to
questions by the Applicant and its representatives; the CZC 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 §92-8.A,
subparagraphs (8)(20) and (22) of the TcyWVn 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§178-
12 of the Residential Site Plan Law.
NOW,THREFORE,BE IT RESOLVED,that the Planning Board APPROVES the Application
as reflected in the l &einabove 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, as conditioned and/or modified in accordance with the direction of the Board,
which modifications were agreed to by the Applicant.
2. Any and all applicable county, state and regional permits shall be obtained prior to the
issuance of any Town permits.
3. Pursuant to §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 the 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.
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4. The Applicant will arrange a pre-construction meeting with the Town Engineer and the
Town Building Inspector as well as the Town Environmental Planner, prior to any site
disturbance. The Applicant shall notify the Town Engineer as well as the Town
Environmental Planner, at least 72 hours on working days in advance of any site
disturbance, to inspect the installation of erosion and sediment control devices, and tree
and wetland protection measures.
5. Work conducted under Town permits shall be open to inspection at any time, including
weekends and holidays, by the Town of Mamaroneck Building Inspector, the Town
Engineer and the Town Environmental Planner or their designated representative(s).
6. Prior to the issuance of a certificate of completion, the Applicant shall deliver to the Town
Building Inspector an"as built"survey,including,but not limited to,the new septic system.
7. In accordance with §178-17.B of the Residential Site Plan Law, no certificate of
completion shall be issued until all of the required conditns 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, add on any successor or assignee in/of an
ownership interest of the Property or any portion thereof.
9. Any tree removal,protection 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 addressall outstanding technical review comments to the satisfaction
of the Town Engineer prier to the issuance of any Town permits.
11. In accordance with §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 isafiance of any Town permits.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk
3. 220 Hommocks Rd—Beaumere,LLC—Residential Site Plan and Wetlands and
Watercourses Permit- Public Hearing
The public hearing was opened in January and remains open.
Benedict Salanitro, the applicant's engineer, stated that they appeared before the CZMC and
were found consistent and that they also received comments from Town staff and the Town's
consulting engineer regarding details of the plan. He further stated that they are well on their way
with the Department of State(DOS) and Department of Environmental Conservation(DEC)
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approvals and a SWPPP is being prepared to ensure all requirements will be met. He concluded
by stating that they hope to start construction in the Spring.
The Board discussed the proposal and the sequencing of work in connection with the various
necessary approvals.
Blasting and soil boring results were discussed.
Tree removal was discussed and Ms. Atichison stated that the removal of 21 trees will have a
large impact. The applicant's arborist, Martin Harway, stated that most of the proposed trees
have structural problems and will be replaced with native species that will do well in the area.
Mr. Wasp asked about the ownership of the dock and gazebo and Mr. Salanitro stated that they
are addressing this with the DOS. Mr. Alexander stated that they have not found any grants but
since the structure has been there for over 70 years, it looks like it will be resoloved in the
applicant's favor.
The proposed septic system was discussed and Mr. Salanitro statdd that the design is a work in
progress.
The necessity of a floodplain variance was discussed and/Mr. Wasp stated that he will confer
with the Town Building Inspector.
There were no public questions or comments.
Ms. Cooney left the public hearing open/and asked Ms. Hochman to prepare a draft resolution.
4. 44 Edgewood Avenue&Judson Avenue—Dorothea Tomczyk- Residential Site Plan
Approval- Consideratto'n�
Mr. Collins of Hudson Engineering stated that they are requesting a site plan approval and that
the general lot lay outs have not changed from the subdivision approval.
The Board discussed the construction phasing plan, staging and tree protection and the CZMC
recommendation in connection with the subdivision application.
The Board referred both applications to CZMC and set public hearings for March.
Motion: to refer both residential site plan applications to CZMC and set public hearings for
March
Made by Ira Block, seconded by Ron Mandel
Action: Approved.
5. 251 Murray Avenue— PDF02, LLC—Residential Site Plan- Consideration
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Mr. Collins of Hudson Engineering explained that when the project began, the site disturbance
was below the 40%threshold but during construction the owner decided he did not want a turn
around in the front yard and proposed it be pushed to the rear. Mr. Collins stated that the plans
were changed to provide a 17-foot wide"grasscrete"turn around in rear yard which changed the
overall site disturbance 68.19 %
The Board discussed the request and noted that there was no recorded deed in the package and
that a zoning compliance letter from the Town Building Inspector is needed. It was agreed to set
a public hearing in March if the lot were determined to be zoning compliant.
Motion: to refer the matter to CZMC and set a public hearing in March.
Action: Approved
Motion by: Ira Block, seconded by: Ron Mandel
EXECUTIVE SESSION
Motion: To go into executive session to discuss litigation with Tn Attorney
Action: Approved
Motion by: Ira Block, Seconded by Ron Mandel
William Maker, as litigation counsel to the Board, provided an update regarding the Article 78
challenge of the Planning Board's conditional approval of the extension of Pepe Porsche's
special use permit.
Motion: to close executive session
Action: Approved /
Made by: Ira Block, Seconded by Elizabeth Cooney
The Board discussed the specialt‘se permit renewal for Pepe Porsche and that according to the
court's decision they are required to re-consider the expiration date. Board members discussed
the reasons why an expiration date of February 29, 2020 is appropriate and justified.
Motion: To maintaij/an expiration of February 29, 2020 for the extension of Pepe Porsche's
special use permit
Action: Approved
Motion by: Ira Block, Seconded by: Elizabeth Cooney
Yes: Elizabeth Cooney, Ira Block, Ron Mandel, John Cuddy
Abstain: Sarah Dunn
RESOLUTION
RENEWAL OF SPECIAL USE PERMIT
2500 Boston Post Road,Town of Mamaroneck,New York
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On motion of Ira Block, seconded by Elizabeth Cooney,the following 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 one abstention.
WHEREAS,on March 9,2016,the Board granted Pepe Porsche of Larchmont/Joseph R.
Crocco(the"Applicant")an extension of its special use permit to operate the premises at 2500
Boston Post Road to allow servicing and repair of automobiles(the"2016 Permit"); and
WHEREAS,the 2016 Permit expired on February 28,2018; and
WHEREAS,thereafter,not until March 29,2019, approximately 13 months beyond
expiration, did the Applicant apply for an extension of the 2016 Permit(the"2019 Extension
Application"); and
WHEREAS,on May 8, 2019,the Board conditionally approved a re elution granting the
2019 Extension Application(the"2019 Resolution"); and
WHEREAS,Condition#5 of the 2019 Resolution specified an expiration date for the
extended special use permit of February 29,2020, a date that was t>Vo years subsequent to
expiration of the 2016 Permit("Condition#5); and
WHEREAS,on July 1,2019 the Applicant filed an Article 78 petition against the Board in
Supreme Court,Westchester County challenging the 2019Resolution, seeking as relief, inter alio,
that Condition#5 be stricken; and
WHEREAS,in a decision by the Court(Hon.Susan Cacace,J.)dated January 8,2020(Index
#59092-19), Condition#5 was"stricken. . . ,annulled and set aside pending further action by the.
. .Board"so as to afford the Board"the opportunity to properly exercise its discretion to determine
a reasonable and proper expiration date%br the renewed special use permit consistent with Section
240-64 of the Town Code"of the Town of Mamaroneck,which limits the duration of a special use
permit to no more than two (2) "ars; and
WHEREAS,at a duly noticed public meeting of the Board on February 5,2020,the Board
considered the subject remitted by the Court,and upon such consideration,reiterated and clarified
that February 29,202¢was specified as the expiration date so that the Applicant's special permit
would be extended for a period of two years, nunc pro tunc, from the date that it expired
(February 28,2018),and thereby eliminate a finding that the Applicant had serviced and repaired
automobiles without a special use permit, as required by law, for approximately 13
months between the expiration of the 2016 Permit on February 28, 2018 and the submission of
the 2019 Extension Application on March 29, 2019; and
WHEREAS,the Board found that authorizing a two-year extension commencing on May
8,2019 and expiring on May 8,2021, as the Applicant had requested,would be neither reasonable
nor proper inasmuch as that would effectively sanction the unauthorized conduct of a special use
by the Applicant for the period between February 28, 2018 and May 8, 2019, reward Applicant's
dilatory conduct and negligent failure to timely apply for an extension of its special permit and
encourage other holders of special permits not to apply for extensions of their special permits in a
timely manner.
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NOW,THEREFORE,BE IT RESOLVED,
The 2019 Extension Application is granted for a period of two (2)years commencing nunc
pro tunc from the date that the 2016 Permit expired,thereby making the expiration of the
Applicant's special permit,as renewed, February 29,2020.
This resolution hereby is certified as true and correct and shall be filed with the Town Clerk
ADJOURNMENT
The meeting was adjourned at 9:38 P.M.
Minutes prepared by
o
.t2/1,0./Y-AA-d
Francine M. Brill
Planning Board Secretary
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