HomeMy WebLinkAbout2020_07_08 Planning Board Minutes
MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD
OF THE TOWN OF MAMAMRONECK
HELD REMOTELY Via ZOOM ON JULY 8, 2020
Present via ZOOM: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Ira Block,
Edmund Papazian, John Cuddy, Alternate, Sarah Dunn, Alternate
Also Present via ZOOM: Richard Polcari, Building Inspector, Robert Wasp, Town Engineer,
Lisa Hochman, Counsel to Planning Board, Elizabeth Aitchinson, Town Environmental Planner,
Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison, Francine M.
Brill, Planning Board Secretary
Absent: Ron Mandel
CALL TO ORDER
The meeting was called to order at 7:32 P.M.
The Chair confirmed with counsel that tonight’s meeting had been convened in accordance with
the Governor’s Executive Order 202.1, as extended, which suspends certain provisions of the
Open Meetings Law to allow municipal boards to convene meetings via videoconferencing.
He asked the Planning Board Secretary to confirm that tonight’s meeting had been duly noticed.
Ms. Brill so confirmed.
Mr. Engel stated that members of the public received notice on how to view and participate in
tonight’s meeting on TV and online. He state that this meeting is being broadcast live on LMC-
TV (channel 35 on FIOS; channel 76 on Optimum) and online at LMCTV.org., and that
a transcript will be available at a later date.
Ms. Brill called the roll and the Chair announced that there was a quorum present (via ZOOM).
Members of the Town staff and consultants identified themselves for viewers.
Mr. Engel further stated that public hearings tonight will be conducted in accordance with the
Governor’s Executive Order 202.15, as extended, and the notices for tonight’s meeting provided
members of the public with instructions on how to view and participate in each public hearing.
MINUTES
Motion: To approve the minutes of June 10, 2020, as modified.
Action: Approved
Moved by: Elizabeth Cooney, seconded by Ira Block,
Vote: Yes: Ralph Engel, Elizabeth Cooney, Ira Block, Edmund Papazian
The applications were taken out of order.
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44 Edgewood Avenue - Dorothea Tomczyk - Subdivision Amendment Public Hearing
Continued
Mr. Engel stated the public hearing had been opened June 10 and is being continued today.
Michael Stein, of Hudson Engineering, addressed the Board, stating there is nothing new to
discuss. Mr. Engel stated that the public hearing was opened in March, continued in June and
July. Ms. Aitchinson read the Draft Negative Declaration into the record. The Board discussed
the draft resolution to adopt a negative declaration as its determination of significance.
Motion: To approve the Negative Declaration
Action: Unanimously Approved
Moved by Ira Block, seconded by Elizabeth Cooney
The Board discussed the draft resolution to approve the proposed subdivision amendment.
Motion: To approve the subdivision amendment
Approved: Unanimously approved
Moved by Ira Block, seconded by Elizabeth Cooney
Motion: To close the public hearing Non Pro Tunc
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by John Cuddy
RESOLUTION
Amended Subdivision Approval
44 Edgewood Avenue and 10 Judson Street, Town of Mamaroneck, New York
On motion of Ira Block, seconded by Elizabeth Cooney, the application of Dorothea Tomczyk
(the “Applicant”) for approval of an amended subdivision resolution was granted by the Planning
Board of the Town of Mamaroneck (the “Board”) upon the following resolution, which was
adopted by a vote of 5 to 0, with no abstentions:
WHEREAS, the subject property is located at Section 1, Block 23 Lots 249.1 and 249.2 with
street addresses of 44 Edgewood Avenue (also known as Lot 1) and 10 Judson Street (also known
as Lot 2) in the Town of Mamaroneck (the “Subject Property”); and
WHEREAS, the Planning Board approved a final subdivision plat for the Subject Property on
December 11, 2019 (“Original Subdivision”); and
WHREREAS, the Original Subdivision imposed a condition requiring the Applicant to comply
with the following recommendation by the Coastal Zone Management Commission, (hereinafter
referred to as the “2019 CZMC Recommendation”): “In order to preserve the mature trees on
Lot 1, CZMC recommends that the house on Lot 1 be constructed and completed first, using the
property of Lot 2 for parking, staging and material storage. Then after the work on Lot 1 has been
completed, work should begin on Lot 2,” and
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WHEREAS, pursuant to Chapter 190 of the Town of Mamaroneck Code (the “Subdivision
Law”), the Applicant filed an application to amend the Original Subdivision to remove the
condition which imposed the 2019 CZMC Recommendation (the “Subdivision Amendment
Application”); and
WHEREAS, aside from the request to remove the condition imposed by the 2019 CZMC
Recommendation, the Applicant proposes no changes to the Original Subdivision, and therefore
the final plat remains the same as that which the Planning Board approved in December 2019; and
WHEREAS, the Subdivision Amendment Application was deemed by the Board to be complete;
and
WHEREAS, in compliance with Governor Cuomo’s Executive Orders 202.1 and 202.15, as
extended, a duly noticed public hearing was conducted on June 10, and July 8, 2020; and
WHEREAS, in connection with the Original Subdivision, the Applicant had earlier obtained the
approval, without qualification, of the Westchester County Department of Health, Westchester
Joint Water Works and any other agency having jurisdiction over the premises: and
WHEREAS, the Building Inspector, Town Engineer and Town Consulting Engineer have
confirmed that there have been no changes to the final plat associated with the Original
Subdivision; and
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the CZMC reviewed
this matter on February 24, 2020 and issued a letter to the Planning Board, dated February 28,
2020 (the “CZMC Letter”); and
WHEREAS, the CZMC Letter stated that the Applicant explained that the 2019 CZMC
Recommendation was not feasible should the Applicant decide to sell one of the lots to another
developer and that, instead of sequencing the development of the two lots, the Applicant proposes
to install and maintain tree protection to the dripline of the trees that are to remain; and
WHEREAS, the CZMC Letter further stated that the Applicant’s proposal is consistent with the
policies of the Local Waterfront Revitalization Program; and
WHEREAS, the Proposed Action is an unlisted action pursuant to the New York State
Environmental Quality Review Act (“SEQRA”) and the Environmental Quality Review
regulations found in chapter 92, Article 1 of the Town Code (“MEQR”); and
WHEREAS, the Board reviews a draft determination of non-significance of the Proposed
Action (the “Negative Declaration”) on July 8, 2020; and
WHEREAS, the Planning Board has considered the Subdivision Amendment Application,
comments and responses to questions by the Applicant and its representatives, the memos,
letters, reports and comments of the Town Engineer, the Environmental Planner and the CZMC,
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and has heard and read testimony and reviewed other submissions from interested members of
the public and its consultants and counsel.
NOW BE IT FURTHER RESOLVED, that the Planning Board hereby APPROVES the
adoption of the Negative Declaration” dated July 8, 2020, a copy of which will be kept on file
with the Building Department.
BE IT FURTHER RESOLVED, that approval of the Subdivision Amendment Application is
hereby GRANTED and thus, condition #5 of the Original Subdivision Resolution approved on
December 11, 2019 is hereby removed, with conditions #1 -#4 to remain in full force and effect.
This decision is hereby certified as true and correct and shall be filled with the Town Clerk.
1. 44 Edgewood Avenue Dorothea Tomczyk Residential Site Plan - Public
Hearing – Continued
Mr. Engel stated that the public hearing was opened in March, continued in June and is being
continued today.
Mr. Engel stated that there is a mechanical rock removal moratorium in effect within the Town.
He further stated that there are letters from neighbors voicing concerns regarding the demolition,
construction, and rock removal as well as tree protection.
Mr. Stein of Hudson Engineering stated there are a few corrections on the plan relating to the
protection of the trees. Ms. Aitchison stated that the protection will extend to the drip line.
Rock removal was discussed, Mr. Stein stated there should not be much rock removed.
Mr. Wasp made an announcement inviting members of the public to speak but no one responded.
Ms. Aitchinson stated that there were no emails received with respect to this application.
The Board discussed the plan. Mr. Engel stated that some documents have the wrong address
and need correction. Mr. Engel further stated Mr. Polcari had issued memo, dated July 7, 2020,
concluding that the proposal is zoning compliant.
The Board discussed the draft resolution and made modifications.
Motion: To close the public hearing
Action: Unanimously approved
Moved by Edmund Papazian, seconded by Elizabeth Cooney
Motion: To approve the resolution as modified
Action: Unanimously approved
Moved by Edmund Papazian, seconded by Elizabeth Cooney
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Residential Site Plan Approval
44 Edgewood Avenue
Town of Mamaroneck, New York
On motion of Edmund Papazian, seconded by Elizabeth Cooney, the site plan application of
Dorothea Tomczyk, (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 5 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 44 Edgewood Avenue, Town of
Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as
Section 1, Block 23, Lot 249. 1 (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 July 7, 2020, 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
when asked by Mr. Engel, stated that no comments had been received from the Town Fire
Department, 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”):
Drawings titled “Proposed single family dwelling”, Sheets C-1 – C-4, prepared by
Hudson Engineering & Consulting, P.C. dated June 15, 2020.
Drawings titled “Proposed Planting Plan”, Sheets 1-3, prepared by Anthony
Acocella Landscape Architect, dated January 18, 2020.
Drawings titled “Proposed Residence”, Sheets 1-10, prepared by Richau Mustacto
Grippi Associates, Architects, dated September 20, 2019.
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, the Planning Board held a duly noticed public hearing for this Application on February 5 and
March 11, 2020 and such public hearings continued, in accordance with Governor Cuomo’s
Executive Orders 202.1 and 202.15, as extended, on June 10 and July 8, 2020; and
5
WHEREAS, the Planning Board approved a final subdivision plat for the Property on December
11, 2019 and an amended subdivision on July 8, 2020; and
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the CZMC reviewed
this matter on February 24, 2020 and issued a letter to the planning Board, dated February 28, 2020
(the “CZMC Letter”); and
WHEREAS, the CZMC Letter stated that the Applicant’s 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 CZMC Letter, the reports and comments of
the Town’s Consulting Engineer, and letters and emails from interested members of the public;
and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to
New York State Environmental Quality Review Act, 6NYCRR§ 617 et seq. and §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 §178-
12 of the residential Site Plan Law.
NOW, THREFORE, 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,
but with all incorrect addresses on submitted documents corrected, as conditioned and/or
modified in accordance with the direction of the Board, which modifications were agreed to
by the Applicant.
2. The Applicant shall submit plans reflecting all conditions or modifications shown above for
the review and approval of the Town Engineer and Town Building Inspector prior to the
granting of any building permits.
3. Any and all applicable county, state and regional permits shall be obtained prior to the
issuance of any Town permits.
4. 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
the Town Building Inspector, in consultation with the Town Engineer, as to whether the
modification is substantial and thus should be further considered by the Planning Board.
5. 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
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commencing site work. The Applicant shall notify the Town Building Inspector and Town
Engineer at least 72 hours (not including weekends and holidays) in advance of any site
disturbance to inspect the installation of erosion and sediment control devices and any other
measures intended to mitigate construction impacts.
6. 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,
the Town’s Consulting Engineer and the Town Environmental Planner or their designated
representative(s).
7. 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.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of
the Town Engineer, in consultation with the Town Building Inspector, that allproposed exterior
HVAC equipment conforms with modern industry standards for sound emission and that best
practices for sound mitigation have been implemented.
9. 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.
10. 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.
11. 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 assignee in/of an ownership
interest of the Property or any portion thereof.
12. All tree removal, protection and 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.
13. The Applicant shall address all outstanding technical review comments to the satisfaction of
the Town Engineer prior to the issuance of any Town permits.
14. In accordance with Section 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 issuance of any Town permits.
15. When the current Town prohibition against mechanical rock removal has been lifted, but not
before, and subject to such stricter rules as to mechanical rock removal as are approved by the
Town Board:
(a) To the satisfaction of the Town Engineer, the Applicant shall hire and compensate a
professional firm (hereinafter referred to as the “Professional Firm”) to inspect and record the
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condition of all structures (including retaining walls) adjacent to or across the street from the
Property prior to the commencement of mechanical rock removal, and to monitor and
document it.
(b) Within a reasonable time prior to the start of mechanical rock removal, all residents of adjoining
properties and any additional nearby properties recommended by the Professional Firm shall
be contacted, in writing by the Applicant or Professional Firm, to arrange a pre-condition
survey, to be conducted at the Applicant’s expense.
(c) The Applicant shall be required to pay the reasonable cost of repairs resulting from damage
caused by the mechanical rock removal.
(d) Prior to issuance of a certificate of occupancy, the Applicant shall submit, to the satisfaction of
the Town Engineer, all inspection reports related to the mechanical rock removal.
(e) No mechanical rock removal permit shall be issued unless the applicant has a dust mitigation
plan approved by the Town Building Department. Such dust mitigation plan shall incorporate
the best dust control practices including, but not limited to, a water spray system (air
suppression or surface wetting). The dust mitigation plan shall include measures to control
water runoff as a result of any water spray program.
(f) Trucks and other vehicles used to transport particulate matter shall be covered and any
particulate matter kept on site shall be sufficiently wetted or stored to prevent particulate matter
from becoming airborne.
(g) Portable hand water sprinklers or hose sprinklers are acceptable means of wetting for dust
control if the water sprays or jets shall break the water stream into small droplets or otherwise
to provide effective wetting.
(h) Suitable drainage means shall be provided for the removal of water and sludge which drains
from the operation.
(i) Soil or debris piles shall be moistened if dust is being emitted from the piles due to prevailing
winds and not from a momentary gust. Adequately secured tarps, plastic or other material may
be required by the Building Department to further reduce dust emissions.
16. To the satisfaction of the Town Engineer, in consultation with the Town Environmental
Planner, and consistent with the recommendation of the CZMC in its letter to the Board dated
February 28, 2020, the Applicant shall install and maintain tree protection to the dripline of
the trees that are to remain.
17. The Applicant shall update and resubmit all previously submitted documents to correctly
identify the site address.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
8
2. 10 Judson Street Residential Site Plan Public Hearing Continued
Mr. Engel stated that the public hearing was opened in March and was continued in June and is
being continued today.
Mr. Stein, of Hudson Engineering stated that the plan was modified based on the CZMC
comments to protect the trees to the drip line.
Mr. Wasp made an announcement inviting members of the public to speak but no one responded.
Ms. Aitchinson stated that there were no emails received today with respect to this application.
The Board discussed the plan. Mr. Engel stated that some documents have the wrong address
and need correction Mr. Engel further stated Mr. Polcari had issued a memo dated 7/7/2020,
concluding that the proposal is zoning compliant...
The Board discussed the draft resolution and made modifications.
Motion: To close the public hearing
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ira Block
Motion: To approve the resolution as modified
Action: Unanimously approved
Moved by Ira Block, seconded by John Cuddy
RESOLUTION
Residential Site Plan Approval
10 Judson Street
Town of Mamaroneck, New York
On motion of Ira Block, seconded by John Cuddy, the site plan application of Dorothea Tomczyk,
(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 5 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 10 Judson Street, Town of Mamaroneck,
New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block
23, Lot 249.2 (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
9
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 July 7, 2020, 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”):
Drawings titled “Proposed single family dwelling”, Sheets C-1 – C-4, prepared by
Hudson Engineering & Consulting, P.C. dated June 15, 2020.
Drawings titled “Proposed Planting Plan”, Sheets 1-3, prepared by Anthony
Acocella Landscape Architect, dated January 18, 2020.
Drawings titled “Proposed Residence”, Sheets 1-10, prepared by Richau Mustacto
Grippi Associates, Architects, dated September 20, 2019.
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, the Planning Board held a duly noticed public hearing for this Application on February 5 and
March 11, 2020 and such public hearings continued, in accordance with Governor Cuomo’s
Executive Orders 202.1 and 202.15, as extended, on June 10 and July 8, 2020; and
WHEREAS, the Planning Board approved a final subdivision plat for the Property on December
11, 2019 and amended subdivision on July 8, 2020; and
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the CZMC reviewed
this matter on February 24, 2929 and issued a letter to the planning Board, dated February 18, 2020
(the “CZMC Letter”); and
WHEREAS, the CZMC Letter stated that the Applicant’s 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 CZMC Letter, the reports and comments of
the Town’s Consulting Engineer, and letters and emails from interested members of the public;
and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to
New York State Environmental Quality Review Act, 6NYCRR§ 617 et seq. and §92-8.A (22) of
the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further
environmental review is required; and
10
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 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,
but with all incorrect addresses on submitted documents corrected, as conditioned and/or
modified in accordance with the direction of the Board, which modifications were agreed to
by the Applicant.
2. The Applicant shall submit plans reflecting all conditions or modifications referred to above
for the review and approval of the Town Engineer and Town Building Inspector prior to the
granting of any building permits.
3. Any and all applicable county, state and regional permits shall be obtained prior to the
issuance of any Town permits.
4. 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
the Town Building Inspector, in consultation with the Town Engineer, as to whether the
modification is substantial and thus should be further considered by the Planning Board.
5. 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 ( not including weekends and holidays) 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).
6. 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,
the Town’s Consulting Engineer and the Town Environmental Planner or their designated
representative(s).
7. 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.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of
the Town Engineer, in consultation with the Town Building Inspector, that proposed exterior
HVAC equipment conforms with modern industry standards for sound emission and that best
practices for sound mitigation have been implemented.
11
9. 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.
10. 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.
11. 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 assignee in/of an ownership
interest of the Property or any portion thereof.
12. All tree removal, protection and 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.
13. The Applicant shall address all outstanding technical review comments to the satisfaction of
the Town Engineer prior to the issuance of any Town permits.
14. In accordance with Section 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 issuance of any Town permits.
15. When the current Town prohibition against mechanical rock removal has been lifted, but not
before, and subject to such stricter rules as to mechanical rock removal as are approved by the
Town Board:
(a) To the satisfaction of the Town Engineer, the Applicant shall hire and compensate a
professional firm (hereinafter referred to as the “Professional Firm”) to inspect and record the
condition of all structures (including retaining walls) adjacent to or across the street from the
Property prior to the commencement of mechanical rock removal, and to monitor and
document it.
(b) Within a reasonable time prior to the start of mechanical rock removal, all residents of adjoining
properties and any additional nearby properties recommended by the Professional Firm shall
be contacted, in writing by the Applicant or Professional Firm, to arrange a pre-condition
survey, to be conducted at the Applicant’s expense.
(c) The Applicant shall be required to pay the reasonable cost of repairs resulting from damage
caused by the mechanical rock removal.
(d) Prior to issuance of a certificate of occupancy, the Applicant shall submit, to the satisfaction of
the Town Engineer, all inspection reports related to the mechanical rock removal.
(e) No mechanical rock removal permit shall be issued unless the applicant has a dust mitigation
plan approved by the Town Building Department. Such dust mitigation plan shall incorporate
the best dust control practices including, but not limited to, a water spray system (air
12
suppression or surface wetting). The dust mitigation plan shall include measures to control
water runoff as a result of any water spray program.
(f) Trucks and other vehicles used to transport particulate matter shall be covered and any
particulate matter kept on site shall be sufficiently wetted or stored to prevent particulate matter
from becoming airborne.
(g) Portable hand water sprinklers or hose sprinklers are acceptable means of wetting for dust
control if the water sprays or jets shall break the water stream into small droplets or otherwise
to provide effective wetting.
(h) Suitable drainage means shall be provided for the removal of water and sludge which drains
from the operation.
(i) Soil or debris piles shall be moistened if dust is being emitted from the piles due to prevailing
winds and not from a momentary gust. Adequately secured tarps, plastic or other material may
be required by the Building Department to further reduce dust emissions.
16. To the satisfaction of the Town Engineer, in consultation with the Town Environmental
Planner, and consistent with the recommendation of the CZMC in its letter to the Board dated
February 28, 2020, the Applicant shall install and maintain tree protection to the dripline of
the trees that are to remain.
17. The Applicant shall update and resubmit all previously submitted documents to correctly
identify the site address.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
4. 251 Murray Avenue - PDF02, LLC - Residential Site Plan - Public Hearing
Continued
Mr. Engel stated that the public hearing was opened in March and was continued in June and is
being continued today.
Michael Stein, of Hudson Engineering, addressed the Board.
A memo from Mr. Polcari’s, the Town Building Inspector, dated July 7, 2020, confirmed the
project is zoning compliant.
Mr. Wasp made an announcement inviting members of the public to speak but no one responded.
Ms. Aitchinson stated that there were no emails received today with respect to this application.
The Board discussed the draft resolution and made modifications.
Motion: To close the public hearing
13
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ira Block
Motion: To approve the resolution as modified
Action: Unanimously approved
Moved by John Cuddy, seconded by Elizabeth Cooney
RESOLUTION
Residential Site Plan Approval
251 Murray Avenue
Town of Mamaroneck, New York
On motion of John Cuddy, seconded by Elizabeth Cooney the site plan application of PDF02, 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 5 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 251 Murray Avenue, Town of
Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as
Section 1, Block 13, Lot 103 (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 July 7, 2020, 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”):
Drawings: “Proposed Additions & Alterations 251 Murray Avenue”, Sheets: C-1 – C-3,
prepared by Hudson Engineering & Consulting, P.C., dated June 24, 2020;
Architectural Drawings: “251 Murray Ave”, Sheets: A-1 – G-2, prepared by Gregory Ralph
Architect, dated May 20, 2019
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, the Planning Board held a duly noticed public hearing for this Application on March 11, 2020
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and such public hearing continued, in accordance with Governor Cuomo’s Executive Orders 202.1
and 202.15, as extended, on June 10 and July 8, 2020; and
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the CZMC reviewed
this matter on February 24, 2020 and issued a letter to the Planning Board, dated February 28,
2020 (the “CZMC Letter”) stating that the Applicant’s 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 CZMC Letter, the reports and comments of
the Town's Consulting Engineer; and the letters and emails from 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(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 §178-
12 of the Residential Site Plan Law.
NOW, THREFORE, 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,
as conditioned and/or modified in accordance with the direction of the Board, which
modifications were agreed to by the Applicant.
2. The Applicant shall submit plans reflecting all conditions or modifications referred to above
for the review and approval of the Town Engineer and Town Building Inspector prior to the
granting of any building permits.
3. Any and all applicable county, state and regional permits shall be obtained prior to the
issuance of any Town permits.
4. 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
the Town Building Inspector, in consultation with the Town Engineer, as to whether the
modification is substantial and thus should be further considered by the Planning Board.
5. 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 on working days in advance of any site disturbance to inspect the
15
installation of erosion and sediment control devices and any other measures intended to
mitigate construction impact(s).
6. 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,
the Town’s Consulting Engineer and the Town Environmental Planner or their designated
representative(s).
7. 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.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of
the Town Engineer, in consultation with the Town Building Inspector, that proposed exterior
HVAC equipment conforms with modern industry standards for sound emission and that best
practices for sound mitigation have been implemented.
9. 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.
10. 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.
11. 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 assignee in/of an ownership
interest of the Property or any portion thereof.
12. All 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.
13. The Applicant shall address all outstanding technical review comments to the satisfaction of
the Town Engineer prior to the issuance of any Town permits.
14. In accordance with Section 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 issuance of any Town permits.
15. The Applicant shall be required to install and maintain the storm sewer force main discharge
through the Murray Avenue right-of-way to its ultimate point of connection to the Westchester
County maintained drainage system in accordance with Westchester County Department of
Public Works and Town of Mamaroneck requirements.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
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5. 16 Greystone Road - Light Greystone LLC - Residential Site Plan - Public Hearing
Continued
Mr. Engel stated that this public hearing was opened in June and is being continued today.
Benedict Salanitro, the applicant’s Engineer, addressed the Board, stating he received a letter
from the Coastal Zone Management Commission (CZMC) that the proposal is consistent with
the LWRP.
Mechanical rock removal and the moratorium was discussed. The moratorium is in effect till
7/12/2020.
The Board discussed the plan and the draft resolution. Ms. Hochman read changes into the
record regarding mechanical rock removal
Mr. Wasp made an announcement inviting members of the public to speak but no one responded.
Ms. Aitchinson stated that there were no emails received today with respect to this application.
Motion: To close the public hearing
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ira Block
Motion: To approve the resolution as modified
Action: Unanimously approved
Moved by John Cuddy, seconded by Ira Block
RESOLUTION
Residential Site Plan Approval
16 Greystone Road
Town of Mamaroneck, New York
On motion of John Cuddy, seconded by Ira Block, the site plan application of Light Greystone
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 5 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 16 Greystone Road, Town of Mamaroneck,
New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block
12, Lot 471 (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
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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 July 7, 2020, 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”):
Drawings: “Erosion Control and Site Development Plan”, Sheets: ER-1 & ER-2, prepared by
Benedict A Salanitro, P.E., P.C., dated June 15, 2020;
Drawing: “Planting Plan”, Sheet: L-1, prepared by Daniel Sherman Landscape Architect, dated
February 24, 2020.
Architectural Drawings: “Residence for Marsh Development LLC”, Sheets: LS-1.10 – A-3.20,
prepared by Andrew Nuzzi Architects, LLC, dated December 2, 2019.
WHEREAS, in accordance with notification procedures set forth in Chapter 144 of the Town Code
and Governor Cuomo’s Executive Orders 202.1 and 202.15, as extended, the Planning Board held a
duly noticed public hearing for this Application on June 10, 2020 and such public hearing continued,
on July 8, 2020; and
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the CZMC reviewed
this matter on June 22, 2020 and issued a letter to the Planning Board, dated June 24, 2020 (the
“CZMC Letter”) stating that the Applicant’s 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 CZMC Letter; the reports and comments of
the Town's Consulting Engineer; and the letters and emails from 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(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 §178-
12 of the Residential Site Plan Law.
NOW, THREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application
as reflected in the hereinabove specified Plans submitted in connection with the Application,
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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. The Applicant shall submit plans reflecting all conditions or modifications referred to above
for the review and approval of the Town Engineer and Town Building Inspector prior to the
granting of any building permits.
3. Any and all applicable county, state and regional permits shall be obtained prior to the
issuance of any Town permits.
4. 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
the Town Building Inspector, in consultation with the Town Engineer, as to whether the
modification is substantial and thus should be further considered by the Planning Board.
5. 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 on working days 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).
6. 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,
the Town’s Consulting Engineer and the Town Environmental Planner or their designated
representative(s).
7. 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.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of
the Town Engineer, in consultation with the Town Building Inspector, that proposed exterior
HVAC equipment conforms with modern industry standards for sound emission and that best
practices for sound mitigation have been implemented.
9. 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.
10. 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.
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11. 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 assignee in/of an ownership
interest of the Property or any portion thereof.
12. All 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.
13. The Applicant shall address all outstanding technical review comments to the satisfaction of
the Town Engineer prior to the issuance of any Town permits.
14. In accordance with Section 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 issuance of any Town permits.
15. When the current Town prohibition against mechanical rock removal has been lifted, but not
before, and subject to such stricter rules as to mechanical rock removal as are approved by the
Town Board:
(a) To the satisfaction of the Town Engineer, the Applicant shall hire and compensate a
professional firm (hereinafter referred to as the “Professional Firm”) to inspect and record the
condition of all structures (including retaining walls) adjacent to or across the street from the
Property prior to the commencement of mechanical rock removal, and to monitor and
document it.
(b) Within a reasonable time prior to the start of mechanical rock removal, all residents of adjoining
properties and any additional nearby properties recommended by the Professional Firm shall
be contacted, in writing by the Applicant or Professional Firm, to arrange a pre-condition
survey, to be conducted at the Applicant’s expense.
(c) The Applicant shall be required to pay the reasonable cost of repairs resulting from damage
caused by the mechanical rock removal.
(d) Prior to issuance of a certificate of occupancy, the Applicant shall submit, to the satisfaction of
the Town Engineer, all inspection reports related to the mechanical rock removal.
(e) No mechanical rock removal permit shall be issued unless the applicant has a dust mitigation
plan approved by the Town Building Department. Such dust mitigation plan shall incorporate
the best dust control practices including, but not limited to, a water spray system (air
suppression or surface wetting). The dust mitigation plan shall include measures to control
water runoff as a result of any water spray program.
(f) Trucks and other vehicles used to transport particulate matter shall be covered and any
particulate matter kept on site shall be sufficiently wetted or stored to prevent particulate matter
from becoming airborne.
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(g) Portable hand water sprinklers or hose sprinklers are acceptable means of wetting for dust
control if the water sprays or jets shall break the water stream into small droplets or otherwise
to provide effective wetting.
(h) Suitable drainage means shall be provided for the removal of water and sludge which drains
from the operation.
(i) Soil or debris piles shall be moistened if dust is being emitted from the piles due to prevailing
winds and not from a momentary gust. Adequately secured tarps, plastic or other material may
be required by the Building Department to further reduce dust emissions.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
6. 1240 West Boston Post Road - Nautilus Diner - Special Use Permit - Public
Hearing Continued
Mr. Engel stated that this public hearing was opened in June and is being continued today.
Jeffery Schwartz, Esq., the applicant’s attorney, addressed the Board stating that there is no new
information to present.
The Board discussed the draft resolution.
Mr. Wasp made an announcement inviting members of the public to speak, but no one
responded. Ms. Aitchinson stated that there were no emails.
Motion: To close the public hearing
Action: Unanimously approved
Moved by Ira Block, seconded by Elizabeth Cooney
Motion: To approve the resolution as modified
Action: Unanimously approved
Moved by Edmund Papazian, seconded by Elizabeth Cooney
RESOLUTION
SPECIAL USE PERMIT
Nautilus Diner, 1240 West Boston Post Road
Town of Mamaroneck, New York
On motion of Edmund Papazian, seconded by Elizabeth Cooney, the application of the Nautilus
Diner (the “Applicant”) for a special use permit was APPROVED by the Planning Board of the
Town of Mamaroneck (the “Board”) upon the following resolution, which was adopted by a vote
of 5 to 0, with 0 abstentions.
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WHEREAS, the Applicant is the operator of a diner located at 1240 West Boston Post Road and
known on the Tax Assessment Map of the Town of Mamaroneck as Section 4, Block 8, Lot 110
(the “Property”); and
WHEREAS, the Property is located within the B-R District which allows “Restaurants” as a
special use pursuant to Section 240-30(B) and (C) of the Zoning Code of the Town of
Mamaroneck (the “Town Code”); and
WHEREAS, the Applicant submitted an application for a Special Use Permit for the continued
use of the Property as a diner; and
WHEREAS, the original Special Use Permit was granted in 1992; and
WHEREAS, all required referrals were made pursuant to Section 240-61.E of the Town Code; and
WHEREAS, in compliance with Governor Cuomo’s Executive Orders 202.1 and 202.15, as
extended, a duly noticed public hearing was conducted on June 10, 2020 and continued to July 8,
2020; and
WHEREAS, the Planning Board of the Town of Mamaroneck (the “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 and comments
made by interested members of the public; and
WHEREAS, the Board has determined that the proposed action is a Type II action pursuant to
the New York State Environmental Quality Review Act and its implementing regulations, 6
NYCRR Part 617.5(C)(18), and that, therefore, no further action is required under the New York
State Environmental Quality Review Act.
NOW, THEREFORE, BE IT RESOLVED, that, in accordance with Section 240-62 of the Town
Code, this Board makes the following findings of fact, as limited by the conditions hereinafter set
forth:
A. The proposed use, as limited by the conditions set forth herein, is in general harmony with the
surrounding area and shall not adversely impact upon the adjacent properties due to traffic
generated by said use or the access of traffic from said use onto or off of adjoining streets;
B. 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;
C. 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.
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D. That there are not existing violations of Chapter 240 of the Town Code on the property which
is the subject of the application.
BE IT FURTHER RESOLVED, that this application is hereby APPROVED, subject to the
following terms and conditions:
1. The hours of operation shall not exceed 6:00 a.m. to midnight, seven (7) days per week.
2. This permit will expire on July 8, 2022.
3. This permit is subject to the termination requirements set forth in Section 240-64 and 240-65
and the use restrictions set forth in Section 240-30 of the Town Code.
4. The Property shall conform to the site layout plan on file with the Town Building Department.
5. In accordance with Section 240-61.F 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,
within 30 days of the date hereof.
This decision is hereby certified and shall be filed with the Town Clerk.
7. 32 Colonial Avenue - Cooper Lane LLC - Residential Site Plan - Consideration
Mr. Engel stated that the application appears to be incomplete as the landscape plan and
architectural plans are not signed and sealed. Mr. Wasp stated the engineer’s plan is signed and
sealed.
Mr. Engel further stated that the plan states the house is to be demolished, but Mr. Marsh, the
th
applicant, stated the house was demolished April 29.
The Board decided to proceed with its consideration of this application.
Mr. Salanitro the applicant’s engineer addressed the Board, stating that on June 22, the CZMC
found the plan to be consistent with the Local Waterfront Revitalization Plan.
The application proposes a single family dwelling, driveway and patio with pervious pavers. Test
pits were done. Drainage infrastructure is proposed with standard dry well practices. The
landscape plan will be signed and sealed.
The applicant asked for the public hearing to be scheduled for August.
Grading was discussed, Mr. Salanitro stated that it will not impact the neighbors.
School safety was discussed, truck activity hours were limited.
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The applicant stated that chipping is expected and that rock on the adjoining parcel pulled apart
easily he expects the same to be true for this parcel.
8. 8 Hawthorne Road - Sarah and Edward Keating – Residential Site Plan -
Consideration
Rick Yestadt and Michael Stein the applicant’s architect and engineer, addressed the Board.
Along with the owner Mr. Keating.
Mr. Yestadt stated the property is .36 acre, and the addition will be lower than the maximum
FAR.
He further stated that there was a previous variance granted for the front vestibule and that a new
variance would be necessary.
A variance is need for the front open porch as there was a previous variance granted for the front
vestibule.
Street elevations were shown and the Board discussed placement of the air conditioning units.
Motion: To set a public hearing for August
Action: Unanimously approved
Moved by Ira Block, seconded by Elizabeth Cooney
Mr. Yestadt asked for a draft resolution.
9. 2500 Boston Post Road - Pepe Porsche Renewal of Special Use Permit and Site
Plan Amendment - Consideration
Ms. Brill stated that the applicant has only submitted materials in connection with the renewal of
the special use permit.
Donald Mazin Esq., the applicant’s attorney, addressed the Board, stating that Pepe Porsche can
comply with the Town Code as to parking but that the court gave this client the right to use the
property he said it owns by adverse possession and they intend to do so. He further stated that
Porsche’s use of the property has no adverse impact on the community.
Ms. Cooney stated that the applicant inaccurately claims that the court found that the applicant’s
landlord has title vis-a-vis adverse possession. Mr. Block stated the landlord cannot grant itself
title vis-a-vis adverse possession, only a court.
The applicant has not submitted a decision of record regarding the owner ship of the parcel of
land held in title by the neighboring property owner or anything from the record title owner
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granting permission to use that land. Mr. Engel added that the Planning Board cannot grant
permission to the applicant to use someone else’s property.
The Board discussed the applicant’s submitted parking plan, called a “Site Plan” as well as the
claim of adverse possession, and determined that the legal issues were confusing and there was
not enough information or clarity to schedule a public hearing.
Mr. Engel suggested that the Town may perfect its appeal of the court decision, and suggested
that Mr. Mazin discuss the situation with his client and report back to the Board attorney’s.
Mr. Mazin stated he will go back to his client.
ADJOURNMENT
The meeting was adjourned a t 10:17P.M.
Minutes prepared by
Francine M. Brill, Planning Board Secretary
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