HomeMy WebLinkAbout2020_09_09 Planning Board Minutes
MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD
OF THE TOWN OF MAMARONECK
HELD REMOTELY Via ZOOM ON SEPTEMBER 9, 2020
Present via ZOOM: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian,
Ira Block, John Cuddy
Also Present via ZOOM: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning
Board, Elizabeth Aitchison, Town Environmental Planner, Anthony Oliveri, Consulting
Engineer, Sabrina Fiddelman, Town Board Liaison, Francine M. Brill, Planning Board Secretary
Absent: Ron Mandel, Sarah Dunn
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.
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.
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.
The meeting was called to order at 7:31 P.M.
MINUTES
Mr. Cuddy proposed modifications to set forth the basis for his recusal in connection with the
pending cell tower application. Mr. Block proposed modifications to provide context for the
executive session.
Motion: To approve the minutes of the August 12, 2020 meeting as modified.
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Unanimously approved
1
Ms. Brill confirmed that all applications on the agenda for public hearing have been duly
noticed.
Mr. Engel announced that the applications were to be taken out of Agenda order.
2155 Palmer Avenue - Acura of Westchester – Special Use Permit and Site Plan
Amendment - Public Hearing
The Board discussed the site plan amendment application.
Donald S. Mazin, Esq. and Jonathan Villani the applicant’s representative were present, via
ZOOM. Mr. Mazin stated that ACURA received Zoning Board approval for the signage and the
Coastal Zone Management Commissions determination of consistency.
Motion: To open the public hearing
Moved by Elizabeth Cooney, seconded by John Cuddy
Action: Unanimously approved
Mr. Engel stated that the plantings and the striping of the parking lot must be completed by
th
September 30. The applicant agreed.
Mr. Wasp made an announcement inviting members of the public to speak. Ms. Aitchison stated
that no emails were received concerning this application.
PUBLIC COMMENTS
Darren Moss, the President of the Pine Brook Association, stated there has been an increase of
test drives whether by potential customers, or by employees of the applicant. Test drives may
not go into certain areas of the neighborhood and it is a big safety concern. Mr. Villani
responded that the site plan states that test drives cannot go in certain areas including all areas of
the Town south of Palmer Avenue and since that restriction exists it is shown on the site plan.
Mr. Moss asked that parking on Coolidge Street be restricted. Mr. Engel responded that the
Planning Board does not have the authority to do so.
Motion: To close the public hearing
Moved by Ira Block, seconded by Edmund Papazian
Action: Unanimously approved
The proposed draft resolution was discussed and modified. Both Mr. Mazin and Mr. Villani
agreed to the above conditions.
Motion: To approve the Resolution as read
Moved by Ira Block, seconded by Elizabeth Cooney
Action: Approved
2
RESOLUTION
Site Plan Amendment Approval
2155 Palmer Avenue, Town of Mamaroneck, New York
Acura of Westchester
On motion of Ira Block, seconded by Elizabeth Cooney, the application of Westchester
Automobile Co./Acura of Westchester (the “Applicant”) for approval of an amended site plan
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 – 0, with no abstentions:
WHEREAS, the Property is located at 2155 Palmer Avenue, Larchmont, New York and known
on the Tax Assessment map of the Town of Mamaroneck as Section 5, Block 1, Lot 1 (the
"Property") in the Business-Residential (“B-R”) District; and
WHEREAS, the Applicant submitted an application for approval of a site plan amendment to
install new landscaping, reconfigure parking and modify traffic flow at the Property (the
"Application”); and
WHEREAS, the Applicant obtained area variances for nonconforming signage from the Town of
Mamaroneck Zoning Board of Appeals (“ZBA”) on July 22, 2020; and
WHEREAS, the Applicant has also submitted an application for continued use of the Property as
an automobile dealership with facilities for service and repair of motor vehicles (the “Special Use
Permit”); and
WHEREAS, the Coastal Zone Management Commission (“CZMC”) reviewed the Application
at its meeting on June 22, 2020 to determine consistency with the Local Waterfront Revitalization
Program (“LWRP”) and issued a letter to the Planning Board, dated June 24, 2020, which stated
that the Application is consistent with the policies of the LWRP; and
WHEREAS, Anthony Oliveri, P.E., of AI Engineers, Inc. PC, Dolph Rotfeld Engineering (the
“Town Consulting Engineer”), and Robert Wasp (the “Town Engineer”), reviewed the
Application and confirmed that all technical requirements have been satisfied; and
WHEREAS, a duly noticed public hearing for the Application was held on September 9, 2020; and
WHEREAS, the Secretary of the Planning Board stated that all required referrals had been made;
and
WHEREAS, the Planning Board has considered the Application; comments and responses to
questions by the Applicant and its representatives, the memos, letters, reports and comments of
the Town Engineer, Town Consulting Engineer and CZMC, and has heard interested members of
the public; and
3
WHEREAS, the Applicant provided all information required by Chapter 177 of the Code of the
Town of Mamaroneck (the “Town Code”); and
WHEREAS, the Board determined that the Application conforms to the standards established by
Section 177-5 of the Town Code; and
WHEREAS, this Application is a Type II Action under the New York State Environmental
Quality Review Act and the Town of Mamaroneck Environmental Quality Review Act (Section
92-8.A.(9),(16), (24) (25) of the Town Code) and, therefore, no environmental impact review is
required.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the
Application as reflected in the following plans submitted in connection with the Application; and
subject to terms and conditions identified below:
Drawings: “Acura of Westchester Dealership”, Sheets: A.001 – A.005, prepared by John
J. Annunziata, P.E., dated August 20, 2020.
General conditions:
1. Landscaping shall be in accordance with the latest revised Landscaping Plan, as
hereinabove referenced, as conditioned and/or modified in accordance with the direction
of the Board, which modifications were agreed to by the Applicant.
2. Any and all applicable county, state and regional permits shall be obtained prior to the
issuance of any Town permits.
3. In the event that subsequent events may require any modification to the site plan as
approved by this resolution, a determination shall be made by the Town Building Inspector,
in consultation with the Town Engineer as to whether the modification is substantial and
should be further considered by the Planning Board.
4. The Applicant shall address all outstanding technical review comments to the satisfaction
of the Town Engineer, prior to the issuance of any Town permits.
5. Work conducted under Town permits shall be open to inspection at any time, including
weekends and holidays, by the Town of Mamaroneck Building Inspector, the Town
Engineer, the Town’s Consulting Engineer, and the Town Environmental Planner or their
designated representative(s).
6. No letter of completion shall be issued until all of the required conditions of this approval
have been met.
4
7. The term “Applicant” is used herein with the intent to impose a future obligation or
condition and shall include the Applicant, as defined above, and any successors or
assignees in/of an ownership interest in the Property or any portion thereof.
8. The Site Plan drawing shall include an endorsement block for the Planning Board Secretary
in accordance with §177-14 of the Town Code including the following statement
“Approved by Resolution of the Planning Board dated September 9, 2020.”
9. 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.
10. There shall be no parking and no standing of vehicle transport vehicles on Palmer Avenue
or on Harrison Drive.
11. There shall be no loading and/or unloading of vehicles on Palmer Avenue or on Harrison
Drive.
12. On or before September 30, 2020, the Applicant shall submit to the Town Building
Department a copy of the recorded deed to the Property.
13. On or before September 30, 2020, the Applicant shall complete the striping, planting
and painting in accordance with the Plans herein referenced, except that the fencing to
screen vehicles parked on the roof shall be completed no later than October 31, 2020.
This decision hereby is certified as true and correct and shall be filed with the Town Clerk.
The Board discussed the special use permit.
Motion: To open the public hearing
Moved by Edmund Papazian, seconded by Ira Block
Action: Unanimously approved
Mr. Wasp made an announcement inviting members of the public to speak. Ms. Aitchison stated
that no emails were received concerning this application.
Public Comments
Darin Moss stated there should be no parking of employees on Coolidge Street in Larchmont.
Mr. Engel responded that the Planning Board does not have the authority to do so.
The Board discussed the draft resolution and proposed conditions, and both Mr. Mazin and Mr.
Villani agreed to the proposed conditions.
Motion: To close the public hearing
5
Moved by Ira Block, seconded by Elizabeth Cooney
Action: Unanimously Approved
Motion: To approve the proposed draft resolution, as modified.
Moved by Elizabeth Cooney, seconded by John Cuddy
Action: Unanimously approved
RESOLUTION
SPECIAL USE PERMIT
Acura of Westchester
2155 Palmer Avenue, Town of Mamaroneck
On motion of Elizabeth Cooney, seconded by John Cuddy, the application of Westchester
Automobile Co./Acura of Westchester (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 no abstentions:
WHEREAS, this application relates to premises located at 2155 Palmer Avenue and known
on the Tax Assessment Map of the Town of Mamaroneck as Section 5, Block 1, Lot 1 (the “Subject
Property”) for continued use as an automobile dealership with facilities for service and repair of
motor vehicles (the “Application”); and
WHEREAS, on June 12, 1985, the Planning Board of the Town of Mamaroneck adopted a
resolution approving a special use permit for D’Elia and DeCaro Automobile Dealership as an Acura
automobile dealership with facilities for service and repair of motor vehicles located at the Subject
Property; and
WHEREAS, the Subject Property now has a zoning designation of B-R; and
WHEREAS, according to Section 240-30.B.8 of the Zoning Code of the Town of
Mamaroneck (the Zoning Code”), car sales is not listed as a permissible principal use or specially
permitted use in the B-R zoning district; and
WHEREAS, Despite the fact that the Subject Property is no longer zoned for car sales, the
existing use is grandfathered pursuant to Section 240-74 of the Zoning Code; and
WHEREAS, Section 240-74 of the Zoning Code states as follows:
Any use lawfully existing on the effective date of this amended chapter or on the date
of any subsequent amendment to this chapter, in the district in which such use is or
was at the time classified in this chapter as one requiring a special permit, shall,
without further action, be deemed to be a conforming use in such district. Any
extension of or addition to such use or any enlargement or extension of any building
or structure shall be subject to the requirements of Sections 240-60 through 240-64,
inclusive, of this chapter, and said sections shall apply to such extension, addition or
6
enlargement of any use, building or structure in like manner as to original permitted
special uses.
WHEREAS the Planning Board held a duly noticed public hearing on September 9, 2020;
and
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 Application is a Type II Action under the New York State Environmental
Quality Review Act and the Town of Mamaroneck Environmental Quality Review Act (Section
92-8.A.(9),(16), (24) (25) of the Town Code) and, therefore, no environmental impact review is
required; and
WHEREAS, the Applicant has also submitted an application for a site plan amendment (the
“Site Plan Amendment”); and
WHEREAS, this Board, today, approved said site plan amendment; and
WHEREAS, the Applicant has agreed to prevent the testing of its vehicles and vehicles to
be or that have been repaired by the Applicant within the boundaries of the Town south of Palmer
Avenue; 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 the Planning Board makes findings of facts as
follows:
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.
7
BE IT FURTHER RESOLVED, that this Board hereby APPROVES the Application subject to
the following terms and conditions:
1. This Special Permit is limited to (a) the sale, lease, service and storage of new and
used Acura vehicles and (b) the sale, lease service and storage of vehicles accepted
by the Applicant for trade in. Trade ins which are sold on the premises by the
Applicant may be serviced for the purposes of sale only. Storage of vehicles on the
premises shall only be permissible if in conformance with the prior provisions of
this paragraph.
2. Service of automobiles shall be by appointment only except for emergency
situations. All vehicles entering the building for service shall enter from the rear
of the existing building. The service area shall open no earlier than 7 A.M. on
Monday through Saturday, and the service operations shall commence no earlier
than 7:30 A.M. on Monday through Friday and 8 A.M. on Saturday. Service
operations shall cease no later than 9 P.M. on Monday through Friday and 6 P.M.
on Saturday. There shall be no service operations on Sunday. Activity in the
service area after 7 P.M. shall be closed to the public except for pickups.
3. The sales office and showroom shall open no earlier than 9 A.M. on Monday
through Saturday and close no later than 9 P.M. on Monday through Friday and 5
P.M. on Saturdays. The sales office may be open only between the hours of 11:30
A.M. and 5 P.M. on Sundays and legal holidays.
4. No vehicles shall be parked within fifteen feet of any street or sidewalk except
along Harrison Drive behind the front line of the existing building.
5. Only automobiles and passenger vans shall be parked on the site, except for trucks
which are in the process of loading or unloading vehicles or other supplies.
6. There shall be no parking and no standing of vehicle transport vehicles on Palmer
Avenue or on Harrison Drive.
7. There shall be no loading and/or unloading of vehicles on Palmer Avenue or on
Harrison Drive.
8. The motor vehicles parked on the roof of the building shall not be visible from
Palmer Avenue.
9. There shall be no testing of vehicles offered for sale or lease at, or in connection
with, the Subject Property, or to be or which have been repaired at, or in connection
with, the Subject property, within the borders of the Town of Mamaroneck south
of Palmer Avenue.
10. Storm water discharge from the site shall be no greater than at present. The
applicant shall provide and maintain oil protection devices (separators) both for the
8
internal drainage and the exterior drainage, to the satisfaction of the Town
Engineer.
11. Subject to any variance granted by the Town’s Zoning Board of Appeals, all signs
shall comply with the requirements of the sign ordinance of the Town of
Mamaroneck. One freestanding sign shall be permitted at the corner of Palmer
Avenue and Harrison Drive and one identification sign shall be permitted on the
building. Small signs (one foot by two feet maximum, with a maximum height of
three feet) shall be permitted to direct customers to the service and sales entrances.
12. All lighting shall be internally directed and only subdued lighting shall be permitted
after hours of operation. The lighting in the rear shall be reflected downward so as
not to be visible from the sidewalk on Palmer Avenue.
13. Other than to comply with Condition #8 above, no fencing shall be constructed on
the property except across curb cuts, but the fence currently existing along Harrison
Drive may remain.
14. No sound amplification systems shall be used in connection with the Applicant’s
operations.
15. No banners, flags, pennants, buntings, balloons, or similar items shall be permitted
on the site except a total of three flag poles for any of the following flags: American
flag, New York State flag, Westchester County flag, Town of Mamaroneck flag, or
Village of Larchmont flag, and no temporary structures shall be permitted on the
site.
16. This Special Use Permit is subject to the termination requirements set forth in section
240-64 and 240-65 of the Zoning Code of the Town of Mamaroneck.
17. This Special Use Permit shall expire on September 9, 2022.
18. On or before September 30, 2020, the Applicant shall submit to the Town Building
Department a copy of the recorded deed to the Property.
19. On or before September 30, 2020, the Applicant shall complete the striping,
planting and painting in accordance with the Plans referenced in the approved site
plan amendment, except that the fencing to screen vehicles parked on the roof shall
be completed no later than October 31, 2020.
This decision hereby is certified as true and correct and shall be filed with the Town Clerk.
2. 2500 Boston Post Road - Pepe Porsche - Special Use Permit Renewal - Public Hearing
9
Joseph Crocco, the applicant’s architect, and Donald S. Mazin Esq. the applicant’s attorney, were
present.
The chair asked whether the Applicant intends to use the portion of the property not owned of
record (the so-called “area in question”) to satisfy its parking requirements. Mr. Mazin stated
that he doesn’t need to use the area in question to satisfy parking requirements but that the court
has given the applicant the right to use it.
Board members and the applicant discussed the court order. Ms. Cooney read a relevant portion
of the Court’s decision into the record, which did not support Mr. Mazin’s statement about the
applicant’s ownership of the area in question.
Ms. Cooney stated that Mr. Mazin has said that the applicant intends to continue to use the area
in question.
Board members and the applicant discussed whether the applicant has the legal right to use the
area in question.
The Board discussed a memo issues by the Building Inspector listing several violations on the
property. A site plan amendment would be necessary to address a number of the violations. Mr.
Mazin said he had not received a copy of the memo. Ms. Hochman said she would PDF a copy
to him.
The public hearing was not opened. Mr. Mazin suggested waiting until the Appellate Division
makes a decision on the appeal, but the Board did not agree to do so.
Motion: To adjourn the opening and conducting of the public hearing to October 14, 2020
Moved by Ira Block, seconded by Edmund Papazian
Action: Unanimously approved
2444 Boston Post Road – Westchester Design Center – Special Use Permit – Public Hearing
Valentino Lopergola, the owner, Annemarie, his office manager, and Kent Covington the
landlord’s representative, were present via ZOOM.
Ann Marie stated they submitted a copy of the full lease, the deed and proof of the name change
as requested. Ms. Hochman stated she reviewed the documents and found them to be acceptable.
Motion: To open the public hearing.
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Unanimously approved
Mr. Wasp made an announcement inviting members of the public to speak. There were no
public comments. Ms. Aitchison stated no emails were received concerning this application.
Hours of operation were discussed.
10
Motion: To close the public hearing
Moved by Edmund Papazian, seconded by Ira Block
Action: Unanimously approved
The Board discussed the draft resolution and modified the hours.
Motion: To approved the resolution as modified
Moved by John Cuddy, seconded by Ira Block
Action: Unanimously approved
RESOLUTION
SPECIAL USE PERMIT
Westchester Design Center - 2444 Boston Post Road
Town of Mamaroneck, New York
On motion of John Cuddy, seconded by Ira Block, the application of Westchester Design Center
(the “Applicant”) for a special use permit was APPROVED by the Planning Board of the Town of
Mamaroneck (the “Planning Board”) upon the following resolution, which was adopted by a vote
of 5 to 0, with no abstentions:
WHEREAS, the Applicant is the lessee of retail space located at 2444 Boston Post Road and
known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 137 (the
“Property”); and
WHEREAS, the Property is located within the SB-R District which allows retail stores as a special
use pursuant to Section 240-31.B(1) 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 use of the
Property as a store for the sale of goods at retail; and
WHEREAS, all required referrals were made pursuant to Section 240-61.E of the Town Code; and
WHEREAS, a duly noticed public hearing was held on September 9, 2020; and
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, the Planning Board has determined that the proposed action is a Type II action and
that, therefore, no further action is required under the New York State Environmental Quality
Review Act.
11
NOW, THEREFORE, BE IT RESOLVED, that, in accordance with Section 240-62 of the Town
Code, the Planning Board makes the following findings of fact, as limited by the conditions
hereinafter set forth:
A. That the proposed use is in general harmony with the surrounding area and shall not
adversely impact upon adjacent properties due to the traffic generated by said use or the
access of traffic from said use onto and off of adjoining 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 application is hereby APPROVED, subject to the
following terms and conditions:
1. The hours of operation shall not exceed 9:00 a.m. to 5:00 p.m. on Mondays, Tuesdays,
Wednesdays and Fridays, from 9:00 a.m. to 7:00 p.m. on Thursdays and Saturdays and from 10:00
a.m. to 3:00 p.m. on Sundays.
2. This permit will expire on September 9, 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 240-31 of the Town Code.
4. 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 shall be filed with the Town Clerk.
5 Cornell Street – Ami and Rebecca Ziff – Residential Site Plan – Public Hearing
Eliot Senior, Gregory Cacciopoli, Elion Amidor, Dan Sherman, and the owners Ami and
Rebecca Ziff were present via Zoom representing or being the Applicant.
Mr. Cacciopoli presented the existing survey as well as the demolition and tree removal plan via
Zoom.
12
Mr. Oliveri stated that he reviewed the submittals, and stated that his only concern relate to fill
material and truck trips.
Mr. Amidor stated the fill will be brought in by 18-yard trucks, and managed on site.
Mr. Wasp stated the number of truck loads will be approximately 310.
Tree protection was discussed, and Ms. Aitchison stated that she does not believe the trees will
survive construction.
Mr. Cacciopoli stated the plans will be updated with staging of construction and tree protection.
Mr. Sherman stated that they are taking down 25 trees, planting 41 and transplanting 2.
Ms. Aitchison stated that there are a few revisions required to the EAF Part 2
Motion: To open the public hearing
Moved by Elizabeth Cooney, seconded by Edmund Papazian
Action: Unanimously Approved
Mr. Wasp made an announcement inviting members of the public to speak.
Public Comments
Shlomo Freidfertig, of 3 Cornell, stated that he opposes the applicant’s six-foot retaining wall
because it and the land behind it would be six-foot higher than his rear yard. He further stated
that there is no wall between the private properties and the golf course. He stated that if the
Board approves six-foot retaining wall he will request raising his grade to match because he does
not want a wall between the two properties.
Mr. Ziff responded that he would have no objection to Mr. Freidfertig raising his property at 3
Cornell Street.
Mr. Wasp explained issues related to jurisdiction over properties between Scarsdale as well as
the Town of Mamaroneck.
Ms. Kaplan, of 1 Cornell Street, questioned the ramifications to her property if the grade is raised
at both #5 and #3 Cornell Street.
Mr. Wasp stated that zoning code limits the height of the proposed wall.
Mr. Engel suggested that the three property owners resolve their issues before the Applicant
returns to the Planning Board at its October meeting.
13
Ms. Hochman stated that a number of conditions must be reflected on the site plan. She added
that, if the site plan is corrected, a draft resolution should be straight forward.
Mr. Wasp stated that clarity is required regarding earthwork.
The Ziffs stated that they wish to include the retaining wall in their application.
Mr. Engel stated that the public hearing will remain open and will continue at the Board’s
October meeting.
808 Weaver Street - Bonnie Briar Country Club (Homeland Towers) Special Use Permit/
Site Plan – Consideration
David Kenny Esq., Klaus Wimmer, of Homeland Towers, Matthew Allen, and Bod Burns were
present on behalf of the applicant, via ZOOM.
Mr. Kenny stated that the tower is a 120-foot tall monopole, 125 feet to the top of the branches.
He referenced a submitted letter from the property owner stating there is no alternative location
for the tower on the property because any other location would be more intrusive and more
visible and the proposed location has an access road already in place.
The Board and representatives of the Applicant discussed the height of the pole, topography and
coverage.
The Board and representatives of the Applicant discussed the generators, and Mr. Engel
expressed concerns about noise if each possible carrier has a separate generator.
Mr. Kenny stated that the tower can support the four major carriers as well as nearby municipal
emergency services.
The Board expressed concern about separate generators for each carrier and each municipality.
The Board and representatives of the Applicant discussed antennas for emergency services of
surrounding municipalities and whether there will be costs associated with rent and installation
of equipment. Mr. Kenny stated that there would be no rent but each municipality would have to
pay to install its own equipment. He did not specify how such equipment would be powered,
normally and during a power outage.
Mr. Engel asked whether all required referrals have been made, and Ms. Brill responded yes.
Mr. Engel requested that the proposed trench that is to be dug include piping for natural gas, so
that the generators do not run out of fuel in case of a power outage, and Mr. Kenny stated that he
will look into it.
The Board and representatives of the Applicant discussed whether the antenna arrays should be
painted to match the branches. Mr. Kenny responded that the plans call for doing so.
14
Mr. Engel proposed that the branches on the tower start lower so the trunk is not visible, and Mr.
Burns stated that he will look into that.
Mr. Engel stated that he is concerned with the visual impact to areas of public use such as the
Sheldrake Environmental Center and the Larchmont Reservoir.
Mr. Kenny stated that Bonnie Briar made it clear that it has no problem with the applicant
landscaping the property to mitigate the view of the tower so long as the landscaping does not
interfere with the use of the golf course.
The height of the surrounding base fence was discussed. Ms. Hochman stated there are no height
limits in a REC zone.
Mr. Kenny requested a special meeting. The Board discussed the possibility and suggested
thth
either Tuesday October 27 or Thursday October 29. No decision was reached
Ms. Aitchison questioned whether there will be drilling or concrete footing and stated that the
area may have Indian artifacts.
Mr. Kenny stated they will revise the Environmental Assessment Form.
Mr. Engel requested a maintenance plan for the tower, antennas, generators etc.
The height of the base fence was discussed.
Mr. Kenny requested that a public hearing be opened in a separate meeting. The Board
thth
discussed the possibility and suggested either Tuesday October 27 or Thursday October 29.
Ms. Brill will check and confirm if the dates are available. No decision was reached and no
public hearing was set.
The Applicant was referred to the Coastal Zone Management Commission for its meeting which
st
is scheduled September 21.
The meeting was adjourned at 11:54P.M.
Minutes prepared by
Francine M. Brill
Planning Board Secretary
15