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HomeMy WebLinkAbout1997_11_12 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 12, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman May W. Aisen Richard H. Darsky I: Linda S. Harrington C. Alan Mason �" Edmund Papazian RECEIVED #14 Also Present: Judith M. Gallent, Counsel f� DEC 11 1997 cD Antonio V. Capicotto, Consulting EngineerPATRICIA A.DidOCCIO Mm""MAK t +E Julie Cleary, Public Stenographer Terranova, Kazazes & Associates, Ltd. DI E $ 40 Eighth Street New Rochelle, New York 10801 Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairwoman Marilyn Reader at 8:15 p.m. APPROVAL OF MINUTES Ms. Reader asked if the Board members had reviewed the draft Minutes of the October 8, 1997 meeting and if there were any amendments. There being none, on a motion made by Ms. Aisen, seconded by Dr. Mason, the Minutes were unanimously approved. Chairwoman Reader read the application as follows: PUBLIC HEARING - SITE PLAN APPROVAL - KRT Property Holdings, Inc. - 1262 Boston Post Road - Block 407 Lot 192 On a motion made by Dr. Mason, seconded by Mr. Darsky, 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. Donald S. Mazin, 1415 Boston Post Road, Larchmont, New York. attorney for the applicant, appeared along with Michael Ogden of Langan Engineering. Mr. Mazin said he contacted the Department of Transportation (DOT) with respect to the new lane and received preliminary approval, dated November 7, 1997, and submitted as exhibit#1. Ms. Reader read the two page fax from the DOT, exhibit#1, which is a part of the record. Mr. Mazin submitted exhibit#2, an updated Site Plan. Planning Board November 12, 1997 Page 2 Mr. Ogden explained the revisions on the plans, dated May 18, 1997 and revised October 23, 1997; the existing trench drain at the base of the driveway, as shown on the second sheet, which is a part of the record. The drain in the revised plan meets with DEC approval. Dr. Mason asked about the size of the parking spaces. Mr. Ogden said all parking spaces are full size. There is one space over what is required, and the tenant would like to put a corral for the shopping carts in one of those spaces in the front of the store. Ms. Gallent said the applicant will need to speak to the Building Department regarding that issue. Mr. Mazin informed the Board that the applicant appeared before the BAR with respect to the sign and the slight change in the front of Trader Joe's. The BAR requested a landscape plan, which will be submitted at the next BAR meeting on November 20, 1997, along with the revised sign and the revised front. Ms. Reader asked how many signs are being addressed. Mr. Mazin said there is one sign on the building and one being replaced in the front of the building. Mr. Mazin then submitted exhibit#3, the landscape plan. Mr. Ogden said the shrubs will be planted between the parking lot and the driveway. A lengthy discussion ensued regarding the use of native plantings, which was addressed by James Athey, the Environmental Coordinator, and Ruth Gyure, of the Coastal Zone Management Commission. Ms. Gallent said if native plantings are to be required, the Board can make it a condition of approval. Mr. Mazin informed the Board, as explained to the BAR, that the stores are set very far back from the street. Approaching from Weaver Street, the shopping area cannot be seen because of an incline in the wall. Approaching from the other direction,past the diner, the diner blocks off everything. Installing any high plantings will totally block out the shopping area. The BAR accepted the low type plantings and exhibit#4, contemplated plantings, will be submitted to the BAR for their review. Ms. Aisen said she is in favor of low type plantings, because of the presentation made. Dr. Mason said there is a notation on the presentation; i.e. European to Western Asia, escape from cultivation in the United States. A discussion ensued regarding the list of native plantings, which was addressed by Ruth Gyure of the CZMC and James Athey, the Environmental Coordinator. Dr. Mason said the applicant has a particular problem in looking for something that is evergreen or nearly evergreen, low growing and will not obstruct the visibility of the shopping center. There are times when a native species is not suitable. Dr. Mason, who has also served as a member of the CZMC since inception, said the CZMC has never insisted on native species and has many times opted to go along with the exotics because of suitability to location. Ms. Aisen said the Board should know if there are no native species which qualify to the pattern of planting proposed. Mr. Papazian said in reviewing the list submitted,it does contain low growing evergreens, native plantings. Mr. Mazin informed the Board that the applicant plans on bringing the landscaper to the BAR meeting, and asked the landscaper for a list that would be usual in the area and in keeping with the shopping center. Planning Board November 12, 1997 Page 3 The list submitted is what the landscaper recommended, all nursery grown with guarantees. Mr. Mazin said a new tenant is being proposed, a new lane is being proposed to be installed for convenience and stressed that a portion of the shopping center has been vacant for a long period of time. The applicant is prepared to work with the requests of the various Boards and feels the plans submitted are reasonable. Valerie O'Keeffe, Town Board Liaison, informed the Board that the CZMC has a publication, Land Use Guide, that lists native plantings that might be helpful. Ms. Reader asked what is the zone. Ms. Aisen said the zone is six. A discussion ensued, at which time Ms. Reader asked for a sense of the Board. Ms. Harrington does not feel it is the Board's decision to specify what plantings should be used. The Board should recommend the plantings be native because of the condition of the Long Island Sound. It is the Board's job to protect the resources to prevent what has previously happened, native planting is helpful to the sound and recommends that native plantings be used. Ms. Gallent said that the Board can recommend that native plantings be used. Mr. Darsky also recommended that native plantings be used. Dr. Mason recommends that native plantings be used but not required. Ms. Aisen abstained from making a recommendation. Mr. Papazian recommends that native plantings be used but not required. Ms. Gallent said the Board needs additional information on native plantings and asked that the CZMC annex a list when native plantings are recommended. Ms. Reader asked which Board approves the planting plan. Ms. Gallent informed the Board that the BAR approves the landscape plan, and landscape is also an element of the site plan. Accordingly, the Board can recommend native plantings. Mr. Mazin asked if the Board makes a recommendation to the BAR. Ms. Gallent said the Planning Board does not make a recommendation to the BAR. Ms. Reader read a letter from CZMC, received November 3, 1997, which is a part of the record. Mr. Mazin informed the Board that he attended the CZMC board meeting and although there are three requests, none were addressed at that meeting. Ms. Aisen asked if the flow of cars will be different from what now exists. Mr. Mazin said there will be somewhat of an increase of traffic flow. A new center is now being created, and with the new lane a lot of the traffic problem will be eliminated. Ms. Aisen asked who will be responsible to determine the anticipated flow of traffic and the number of parking spaces. Planning Board November 12, 1997 Page 4 Mr. Mazin said the building department makes the determination. With respect to#1 of the CZMC letter, the parking has existed and only the tenant is being changed. Ms. Reader said, referring to the CZMC letter, Best Management Practices are always required, native plantings have been discussed and #1, catch basins, is the only open item. Mr. Ogden said there will be no change in the drainage pattern. Dr. Mason said the trench drain is being widened and the CZMC addressed that issue after the applicant left the meeting. Dr. Mason asked Ms. Gallent to address the issue. Ms. Gallent said the Board has to insure that there is a nexus between the condition being imposed on the project and the impact that is being caused by the project. Unless there is something in the record to suggest that there will be increased greacP and water runoff as a result of the project, so as to require mitigation, there is a constitutional problem in requiring the applicant to provide silt traps. Mr. Mazin said the parking lot has existed, the shopping center has existed and nothing is being done that would require #1 of the CZMC letter. Mr. Papazian said his questions was, is it difficult to perform #1. Mr. Mazin said it is not a question of difficulty, but a question of expense and time. Ms. Reader said #1 states, any newly installed or altered catch basins should have the silt traps with the ability to separate grease and water, stating there are other catch basins on the parking lot that are not being touched. Mr. Ogden said there are several catch basins that are not being changed. All those catch basins come down into the newly expanded trench drain which is 6 in. deep and very shallow. There is really nothing you can do to a trench drain. Ms. Reader stated that Mr. Ogden is not touching any catch basins. Ms. Aisen asked if the increase in traffic does not require the installation of any additional catch basins. Mr. Ogden said there is just as much rainfall whether there is parking or not. A discussion ensued regarding the drainage basins being sufficient. Mr. Capicotto said there will be less grease because there will be fewer available parking spaces. Ms. Reader said the original project was approved with a certain number of spaces. The fact that a new store is being proposed does not add more spaces. Ms. Reader asked if the trench drain is a catch basin. Mr. Ogden said a trench drain is not a catch basin. Ms. Reader said the fact that the applicant is not adding or altering any catch basin makes #1 inapplicable. Ms. Gallent stated for the record that the matter was referred to the Westchester County Planning Board, which sent back a response stating that this is a matter for local determination in accordance with the Town's zoning and planning policy. Ms. Gallent said that the DOT said the same. The applicant is getting a permit. Ms. Reader asked if the Board had to condition the approval if the matter is voted on this evening. Planning Board November 12, 1997 Page 5 Ms. Gallent said the applicant cannot make a curb-cut without the permit from the DOT. Mr. Mazin said Trader Joe's has been trying to get into the shopping center since March, April or May. There was a moratorium and the applicant had to get a special exemption, they have put a lot of time and money into the project and would appreciate if the Board can vote on it this evening. Ms. Reader said the Board has every intention of voting on the application this evening. Ms. Reader asked if there were any other comments or questions from the public and the Board. Dr. Mason asked about the information on native plantings,which Ms. O'Keeffe said she could not obtain this evening. Dr. Mason said it was irrelevant for this matter, but is still something the Board would like to see. Ms. Reader said the Board would like to receive information regarding native plantings and the Board will make a recommendation to use native plantings if the applicant can do so. On a motion made by Dr. Mason, seconded by Mr. Papazian, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Ms. Gallent informed the Board that this matter is an unlisted action under SEQRA. Ms. Reader read the draft of the negative declaration, excluding the bottom paragraph of the first page as it is not applicable. Ms. Gallent will amend the draft negative declaration to reflect Ms. Reader's comments. On a motion made by Dr. Mason, seconded by Ms. Aisen the negative declaration was unanimously adopted. On a motion made by Dr. Mason, seconded by Mr. Papazian the following resolution was unanimously adopted: WHEREAS, KRT PROPERTY HOLDINGS, INC. has submitted an application for Site Plan Approval for the premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Lot 192 ; and WHEREAS, this application is an unlisted action pursuant to SEQRA; and WHEREAS, the EAF reveals that the action as proposed will not result in any significant adverse environmental impact. NOW THEREFORE, BE IT RESOLVED, that the Board adopt a Negative Declaration, a copy of which is annexed hereto. WHEREAS, the Planning Board has reviewed all of the submissions by, and on behalf of the applicant, all correspondence from Town officials, the Consulting Engineer to the Town, the Coastal Zone Management Commission and members of the public, and a Public Hearing has been held pursuant to notice on November 12, 1997; NOW,THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby granted for the application submitted by KRT PROPERTY HOLDINGS, INC., subject to all terms and conditions set forth herein: Planning Board November 12, 1997 Page 6 • I. General Requirements All site work, landscaping, storm water drainage and treatment systems shall be in accordance with the revised drainage, grading and trench plans(exhibit#2). In addition: 1. The Board Recommends that native plantings be used; 2. The applicant shall comply with the landscape plan that is approved by the Board of Architectural Review; 3. The applicant shall comply with the signage requirements as approved by the Board of Architectural Review. II. Special Requirements A. Water Retention and Drainage This approval is subject to final approval of drainage plans by the Town's Consulting Engineer. B. Erosion and Sediment Control - (During Construction) 1. Erosion and sedimentation control plans shall be based on the standards presented in the Town of Mamaroneck Soil Erosion and Sediment Control Law. ® 2. The control plan shall include a construction timetable and an inspection schedule. NEXT MEETING The next meeting of this Board will be held on December 10, 1997. ADJOURNMENT On a motion made by Ms. Harrington, seconded by Mr. Darsky, the meeting was unanimously adjourned at 9:00 p.m. Marguerite oma, Recording Secretary November 12, 1997 NEGATIVE DECLARATION KRT Property Holdings, Inc. has applied to the Town of Mamaroneck Planning Board for site plan approval to prepare an existing building for a new tenant and add a second exit lane at the existing driveway (together, the "Proposed Action"), both located at 1262 Boston Post Road (the "Property"). The Proposed Action is an unlisted action pursuant to SEQRA and MEQRA. See 6 N.Y.C.R.R. §§ 617.4 and 617.5; Town of Mamaroneck Code §§ 92-7(A) and 92-7(B). The Planning Board has reviewed the Long Form EAF submitted by the applicant, dated September 16, 1997, as well as the plans submitted. These documents indicate that the only area in which impacts are expected is traffic and transportation. Specifically, the proposed addition of a supplemental access lane at the existing driveway will likely improve traffic conditions in the area, and therefore, have a positive impact on the environment. The matter was referred to the Town's Coastal Zone Management Commission, which indicated by letter dated October 31, 1997, that consistency with the Local Waterfront Revitalization Program ("LWRP") would be assured if the applicant complies with the following recommendations: (1) any newly installed or altered catch basins have silt traps with the ability to separate grease and water; (2) Best Management Practices be adopted during construction to minimize erosion and siltation; (3) native plantings be used in landscaping to minimize the need for fertilizers and pesticides. The application reveals, however, that no catch basins will be installed or altered as a result of the Proposed Action. Accordingly, CZMC recommendation number 1 is inapplicable. Because the Board has the authority to require measures 2 and 3 pursuant to the Town's Site Plan Approval Law, these recommendations need not be incorporated as conditions to this negative declaration. Conclusions and Findings The Planning Board of the Town of Mamaroneck has concluded that the Proposed Action will not result in any large and/or important impacts. Accordingly, the Planning Board hereby finds that the Proposed Action would have no significant environmental effect. This negative declaration has been prepared in accordance with Article 8 of the New York State Environmental Conservation Law. Dated: Mamaroneck, New York November i3"', 1997 Marilyn Reader, Chair Town of Mamaroneck Planning Board