HomeMy WebLinkAbout2020_08_12 Planning Board Minutes
MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD
OF THE TOWN OF MAMARONECK
HELD REMOTELY Via ZOOM ON August 12, 2020
Present via ZOOM: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Ira Block,
Edmund Papazian, Ron Mandel, John Cuddy, Alternate, Sarah Dunn, Alternate
Also Present via ZOOM: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning
Board, Elizabeth Aitchison, Town Environmental Planner, Sabrina Fiddelman, Town Board
Liaison, Francine M. Brill, Planning Board Secretary
Absent: Richard Polcari, Building Inspector, Anthony Oliveri, Consulting Engineer
CALL TO ORDER
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 tonight’s meeting on
TV and online. He stated 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.
The meeting was called to order at 7:31 P.M.
William Maker, Jr., Town Attorney, appeared to provide a status update on the litigation to
which the Board is a party. Mr. Engel invited Mr. Maker, the Board and Ms. Fiddelman to go
into executive session.
Motion: To enter into executive session to discuss pending litigation.
Action: Unanimously Approved
Moved by Elizabeth Cooney, seconded by John Cuddy
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EXECUTIVE SESSION
Discussion occurred with Town Attorney William Maker, Jr. concerning whether to continue to
prosecute an appeal to the Appellate Division, Second Department with regard to certain
conditions the Planning Board attached to the grant of a special permit to which the applicant
objected and sought judicial review. Following such discussion, the consensus of the members
of the Planning Board was to continue to prosecute the appeal.
Motion: To leave executive session at 8:02PM
Action: Unanimously Approved
Moved by Ron Mandel, seconded by Ira Block
MINUTES
Motion: To approve the minutes of July 8, 2020, as modified.
Action: Unanimously Approved
Moved by: Ira Block, seconded by Elizabeth Cooney
Mr. Engel stated that the applications will be taken out of order.
1. 32 Colonial Avenue - Cooper Lane LLC - Residential Site Plan – Public Hearing
Ms. Brill stated that the matter was duly noticed.
Motion: To open the public hearing
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ira Block
Benedict Salanitro, the applicant’s engineer and the applicant, Stephen Marsh, were present via
ZOOM to address the Board.
Mr. Engel stated that the Board received a letter from Coastal Zone Management Commission
dated August 4, 2020, finding the proposal to be consistent with the policies of the LWRP.
Mr. Wasp shared Mr. Oliveri’s letter, dated August 6, 2020, stating that all comments have been
addressed.
Mr. Wasp made an announcement inviting members of the public to speak, Ms. Beeby
responded.
Ms. Beeby of Colonial Avenue, stated that the area has water problems and she hopes this
proposal addresses downstream problems.
Mr. Salanitro explained the erosion plan, stating that the driveway location has been changed,
on-site detention added and the patio and driveway will be constructed with pervious pavers.
Calculations were done for the 25-year storm event.
Ms. Aitchison stated that there were no emails received with respect to this application.
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Motion: To close the public hearing
Action: Unanimously approved
Moved by Ron Mandel, seconded by Edmund Papazian
Ms. Brill stated that all required referrals were made.
The Board discussed the draft resolution which had been prepared to facilitate discussion.
Wording of the rock removal clause was discussed, Mr. Salanitro stated that he has no objection
to the proposed language. Ms. Hochman flagged for further discussion conditions #8 regarding
HVAC and #16 regarding hours of construction deliveries.
Motion: To approve the draft resolution as modified.
Action: Unanimously approved
Moved by Edmund Papazian, seconded by Ron Mandel
RESOLUTION
Residential Site Plan Approval
32 Colonial Avenue, Town of Mamaroneck, New York
On motion of Edmund Papazian, seconded by Ron Mandel, the site plan application of Cooper
Lane 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 32 Colonial Avenue, Town of
Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as
Section 1, Block 20, Lot 269 (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 August 7, 2020, stated that
the proposed site work is zoning compliant; and
WHEREAS, on August 12 2020 the Secretary of the Planning Board stated for the record 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. (the “Town’s Consulting Engineer”), reviewed the following plans
(hereinafter referred to as the “Plans”):
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Plans entitled: “Erosion Control and Site Improvement Plan for Cooper Lane LLC
Residence”, prepared by Benedict A. Salanitro, P.E., PC last dated 7/12/20;
Plans entitled: "Residence for Marsh Development LLC", prepared by Andrew Nuzzi
Architects, LLC, dated 12/25/19;
Plans entitled: "Planting Plan", prepared by Daniel Sherman, Landscape Architect, dated
5/27/20;
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 August 12,
2020, in accordance with Governor Cuomo’s Executive Orders 202.1 and 202.15, as extended; 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 August 4, 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 heard any 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, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the
Application as reflected in the hereinabove specified Plans submitted in connection with the
Application, subject to the following terms and conditions:
1. All site work shall be in accordance with the latest revised Plans, as hereinabove referenced,
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 Building Inspector and Town Engineer 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.
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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 Building Inspector and
the Town Engineer prior to any further site disturbance. The Applicant shall submit a schedule
for all earthwork and land disturbance to the Town Building Inspector for approval prior to
commencing further 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
further 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, the Town’s Environmental Planner and/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 all 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 landscape plantings shall be in compliance with the approved
Plans 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.
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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. If there is to be mechanical rock removal, subject to the following, as well as any applicable
law:
(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 owners of such
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). 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 provide effective 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) Suitable drainage means shall be provided for the removal of water and sludge which drains
from the operation.
(h) 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 avoid exacerbating congestion during school drop off and pickup, on days when school is
in session, deliveries shall be prohibited between the hours of 8:00 to 9:00 A.M. and 2:30 to 3:30
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P.M., as well as such other periods of time to minimize interference with children arriving at and
departing from Murray Avenue School, as determined by of the Town Building Inspector.
17. Prior to or simultaneously with applying to the Town of Mamaroneck for a building permit
with respect to the Property, the Applicant will provide the Town Building Inspector with an
original signed and notarized letter from the Manager of Andrew Nuzzi Architects, LLC
confirming that he or she is the Manager of that LLC and that both the seal and the signature on
each page of the drawings submitted by the Applicant to the Town Building Department and
reviewed on August 12, 2020 by the Town Planning Board are originals.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
2. 8 Hawthorne Road -Sarah and Edward Keating -Residential Site Plan - Public Hearing
Mr. Keating, the owner, Rick Yestadt, the architect, and Michael Stein, the engineer, were
present.
Mr. Engel stated that he understands the porch is no longer part of the application and the request
is now zoning compliant, and, therefore, the Board can proceed.
Ms. Brill stated that the matter was duly noticed.
Motion: To open the public hearing
Action: Unanimously approved
Moved by Ira Block, seconded by Edmund Papazian
Mr. Yestadt explained the proposed action. Mr. Wasp stated that Mr. Oliveri’s comments were
addressed.
Mr. Wasp made an announcement inviting members of the public to comment but no one
responded. Ms. Aitchison stated that there were no emails received with respect to this
application.
Motion: To close the public hearing
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ron Mandel
The Board discussed the draft resolution which had been prepared to facilitate discussion. Mr.
Yestadt clarified that no rock removal is anticipated, and, therefore, Mr. Wasp stated that
Condition #15 should be eliminated. Mr. Engel suggested that the language remain, as the
applicant would have to return if rock removal would be required. Mr. Keating asked that the
condition be included and Mr. Engel stated that Condition #15 is to remain in the resolution.
Motion: To approve the draft resolution, as modified.
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ron Mandel
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RESOLUTION
Residential Site Plan Approval
8 Hawthorne Road, Town of Mamaroneck, New York
On motion of Elizabeth Cooney, seconded by Ron Mandel, the site plan application of Sarah and
Edward Keating (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 an addition
to an existing single-family house (the "Application") at property located at 8 Hawthorne Road,
Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of
Mamaroneck as Section 4, Block 5, Lot 19 (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 August 6, 2020, stated that
the proposed site work is zoning compliant; and
WHEREAS, on August 12, 2020 the Secretary of the Planning Board stated for the record 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. (the “Town’s Consulting Engineer”), reviewed the following plans
(hereinafter referred to as the “Plans”):
Plans entitled “Proposed Additions and Alterations, 8 Hawthorne Road”, prepared by
Hudson Engineering & Consulting, P.C., last dated 7/21/2020;
Plans entitled: "The Keating Residence” prepared by Rick Yestadt, Architect, last dated
7/21/2020; and
Stormwater Management Plan & Drainage Analysis, prepared by Hudson Engineering
& Consulting, P.C. dated 7/21/2020.
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 August 12,
2020, in accordance with Governor Cuomo’s Executive Orders 202.1 and 202.15, as extended; 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”); and
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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 heard any 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, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the
Application as reflected in the hereinabove specified Plans submitted in connection with the
Application, subject to the following terms and conditions:
1. All site work shall be in accordance with the latest revised Plans, as hereinabove referenced,
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 Building Inspector and Town Engineer 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 Building Inspector and
the Town Engineer 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 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,
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the Town’s Consulting Engineer, the Town’s Environmental Planner and/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 all 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 or a Certificate of Completion, 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 or Certificate of Completion 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
Plans 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. If there is to be mechanical rock removal, subject to the following, as well as any applicable
law:
(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 the owners of such
properties and any additional nearby properties recommended by the Professional Firm shall
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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 or Certificate of Completion, 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). 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 provide effective 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) Suitable drainage means shall be provided for the removal of water and sludge which drains
from the operation.
(h) 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. Prior to issuance of any Town permits, the Applicant shall submit to the satisfaction of the
Town Engineer an existing conditions survey signed and sealed by a NYS licensed land
surveyor.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
5. 1262 Boston Post Road – Espresso Cafeto – Special Use Permit Renewal – Public
Hearing
Ms. Valentina Soto requested that the Special Use Permit be renewed. She further stated that
there have been no violations and nothing has changed.
Mr. Engel stated that the landlord is required to install a no left turn sign and pavement markings
and that has not been done. Mr. Wasp responded that the Department of Transportation has to
give permission for the sign in the right-of-way to be installed.
The Board discussed hours of operation as well as expiration date.
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Ms. Brill stated that the application was duly noticed.
Motion: To open the public hearing, nunc pro tunc
Action: Unanimously approved
Moved by Edmund Papazian, seconded by Ron Mandel
Mr. Wasp made an announcement inviting members of the public to comment but no one
responded. Ms. Aitchison stated that there were no emails received with respect to this
application.
Motion: To close the public hearing.
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Edmund Papazian
Motion: To approve the draft resolution, as modified.
Action: Unanimously approved
Moved by Edmund Papazian, seconded by Elizabeth Cooney
RESOLUTION
RENEWAL OF SPECIAL USE PERMIT
Espresso Cafeto – 1262 Boston Post Road, Town of Mamaroneck, New York
On motion of Edmund Papazian, seconded by Elizabeth Cooney, the application to renew the
Special Use Permit by Magnolio LLC d/b/a Espresso Cafeto (the “Applicant”) was APPROVED
by the Planning Board of the Town of Mamaroneck (the “Planning Board”) upon the following
resolution, which was adopted by a vote of 5 to 0, with no abstentions:
WHEREAS, the Planning Board issued a Special Use Permit to the Applicant on March 14, 2018,
which expired on March 14, 2020; and
WHEREAS, the Applicant submitted an application for renewal of its Special Use Permit for use
of the premises at 1262 Boston Post Road in the B-R zoning district and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 (the “Application”); and
WHEREAS, the Building Inspector determined that the proposed use is consistent with the
definition of “Luncheonette” as defined in the Town Code; and
WHEREAS, Section 240-30.B.8 (240-30.C.7) of the Zoning Code of the Town of Mamaroneck
lists “Luncheonettes” as a specially permitted use in the B-R zoning district; and
WHEREAS, the Applicant agreed that at no time will the premises have more than 19 seats
(excluding child booster seats); and
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, the Planning Board held a duly noticed public hearing for this Application on August 12,
2020, in accordance with Governor Cuomo’s Executive Orders 202.1 and 202.15, as extended; and
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WHEREAS, the Planning Board considered the Application, the plans, comments and responses
to questions by the Applicant, the reports and comments of the Planning Board staff and
consultants and heard any interested members of the public; and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6
NYCRR § et.seq. and, accordingly, no further action under SEQRA is required; and
WHEREAS, Section 240-62 of the Zoning Code of the Town of Mamaroneck provides that the
Planning Board shall not grant a special permit unless it determines the standards stated therein
have been met.
NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as set forth in
Section 240-62 of the Zoning Code of the Town of Mamaroneck:
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 streets.
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 any permitted use not requiring a special
permit.
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 surrounding properties or surrounding property values.
D. That there are not existing violations of this chapter on the property which is the subject
of the Application.
BE IT FURTHER RESOLVED, that this Board hereby APPROVES the Application subject to
the following terms and conditions:
1 Hours of operation will be limited to 7:00 a.m. to 5:00 p.m. seven days a week.
2. This Special Use Permit shall expire on March 14, 2022.
3. This Special Use Permit is subject to the termination requirements set forth in section
240-64 and 240-65 and the use restrictions set forth in Section 240-30B of the Zoning
Code of the Town of Mamaroneck.
4. The Applicant shall comply with all applicable and necessary permits from the
Westchester County Department of Health and the New York Department of
Environmental Conservation.
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5. The Applicant shall have no more than nineteen (19) seats on the premises,
exclusive of high chairs and child booster seats.
6. 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 any technical reviews, including,
without limitation, consulting fees, within 30 days of the date hereof.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
3. 2500 Boston Post Road - Pepe Porsche – Special Use Permit Renewal - Consideration
Mr. Wasp stated that the applicant’s attorney had asked that the matter be adjourned tonight but
that a public hearing to extend the Special Use Permit be scheduled for September 9, 2020.
The Board discussed the request.
Motion: To set the public hearing for September 9, 2020.
Action: Approved
Moved by Edmund Papazian, seconded by Elizabeth Cooney
Vote:
Yes: Ralph Engel, Elizabeth Cooney, Ira Block, Edmund Papazian, Ron Mandel
Abstain: Ira Block
Ms. Hochman asked Mr. Block to explain why he abstained and his response was that he did not
have enough information to decide.
6. 2444 Boston Post Road - Westchester Design Center – Special Use Permit -
Consideration
The applicant stated that he wishes to open a retail show room for tiles, cabinets, flooring and
doors in the former CVS site.
Mr. Block stated that the application is incomplete as the deed in the packet is not executed.
Mr. Engel stated that the Board also requires a copy of the lease.
The matter was referred to the Coastal Zone Management Commission.
Ms. Aitchison stated that, because this is a Type II action, no EAF is required.
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Motion: To set a public hearing for September 9, subject to all missing documents being
submitted at least 14 days prior to the meeting.
Action: Unanimously approved
Moved by Edmund Papazian, seconded by Ira Block
7. 5 Cornell Street - Ami and Rebecca Ziff – Residential Site Plan – Consideration
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The applicant’s team, Eliot Senor, Engineer, Jordon Rosenberg, Architect, Dan Sherman
Landscape Architect, Eilon Amidor, Contractor and the owners, Ami and Rebecca Ziff, were
present.
Eliot Senor presented, stating that the house on the site had been demolished and they are
proposing a new house, pool, tennis court and a series of retaining walls five-feet off the property
line. Renderings and street views were shown.
Dan Sherman discussed the removal of 28 trees, and the planting of 39 trees, keeping one large
oak tree.
Mr. Engel stated that there are some spectacular trees in the front and Mr. Sherman stated that
they will be removed for the proposed garage and driveway.
Mr. Wasp stated that there is significant amount of fill and further stated that water and sewer
connections have been approved by Scarsdale.
Mr. Wasp stated that Mr. Oliveri prepared a memo which will be forwarded to the applicant.
Ms. Aitchison stated that this application is scheduled to appear before the Coastal Zone
Management Commission next Tuesday and added that this is a Type I action due to its
proximity to a critical environmental area.
The matter will be referred to Scarsdale, Scarsdale’s public works and Westchester Joint Water
Works.
Erosion controls were discussed.
The Board discussed setting a public hearing.
Motion: To set the public hearing for September 9, 2020
Action: Unanimously approved
Moved by Edmund Papazian, seconded by Elizabeth Cooney
4. 808 Weaver Street -Bonnie Briar County Club/Home Land Towers/Verizon -
Consideration
Klaus Wimner, Gary Hartman, Matthew Allen, and David Kenny Esq. were present on behalf of
the applicants.
Bonnie Briar is the property owner and Homeland Towers and Verizon are the co-applicants.
Mr. Engel stated that federal law preempts some aspects of local regulation of
telecommunication facilities.
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The Board discussed the time line proposed by the Federal Communications Commission and
Mr. Kenny stated that he is in favor of allowing the Board reasonable time to review.
Mr. Cuddy stated that he will recuse himself on this matter because, prior to his retirement, he
worked for a number of years as an attorney for Verizon Communications and continues to
receive deferred income from the company. Although Mr. Cuddy believed he could review the
joint application by Homeland Towers and Verizon Wireless with impartiality, he was concerned
that there might be the appearance of a conflict of interest if he were to participate in the review
and consideration of the application, which might raise concerns under the strict provisions of
the Town Code. Accordingly, Ms. Hochman requested that he turn off his camera and that
alternate member, Sarah Dunn, act in his place as required.
Mr. Kenny stated that the 120-foot monopole and array equals 125 feet, and the location was
selected to be minimally visible.
Mr. Engel stated that the number in the applicant’s report stated 120-feet and Mr. Kenny
responded that the balloon test was to 125 feet and that the applicant will correct the error on the
plans and reports.
Mr. Block stated that there was a mistake regarding 15 Country Club Drive and 20 Sheldrake
that also needs correction
The Board discussed the placement of the tower, proposed coverage and radio frequency issues.
Mr. Engel suggested that the tower might be less visible in the center of the Bonnie Briar.
Mr. Block asked if there are other locations on the property that would give better coverage.
Mr. Block inquired whether the facility would serve emergency services for the Town, Scarsdale,
and New Rochelle. Mr. Kenny responded that emergency services are rent fee, they just have to
supply the equipment for the tower.
Mr. Burns discussed the array measurements, stating every co-locator would be required to get a
building permit before installation. Mr. Wasp added that a new site plan and Planning Board
approval would also be required for each.
Mr. Engel inquired about screening to reduce visibility and Mr. Kenny responded that it is a
stealth design.
The Board discussed the need for a consultant to review the RF exposure.
Mr. Block asked if Bonnie Briar will retain any rights regarding what is occurring on their
property.
Ms. Aitchison asked if other locations were considered and Mr. Kenny stated that the water
tower at Winged Foot was considered but there was no response from the property owner. Mr.
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Engel asked if a different location on the property would allow for more coverage as coverage is
important to the community.
Backup power was discussed and Mr. Engel stated that 2 1/3 days is not adequate.
Noise levels were discussed and Mr. Kenny stated that no noise emanates from the towers, only
the generators.
Mr. Kenny stated that AT&T has expressed interest in co-locating on the tower
Mr. Wasp recommended that a bond be required.
Referrals will be made to Scarsdale, New Rochelle and the Westchester County Planning Board.
The matter was adjourned
OTHER BUSINESS
Mr. Engel stated that the Zoning Board approved variances for Acura’s signage, therefore the
matter can proceed with an Amended Site Plan and Special Permit renewal, and can be set for a
public hearing on September 9, 2020.
Mr. Wasp stated that Mr. Villani asked to be placed on the agenda.
Motion: To set a public hearing
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ron Mandel
ADJOURNMENT
The meeting was adjourned at 11:44 P.M.
Minutes prepared by
______________________________
Francine M. Brill
Planning Board Secretary
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