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HomeMy WebLinkAbout2020_10_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD REMOTELY Via ZOOM ON OCTOBER 14, 2020 Present via ZOOM: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira Block, Ron Mandel, John Cuddy, Sarah Dunn 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 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 7:32P.M. Mr. Engel stated there is a moratorium on rock removal in effect which may be extended until the end of the year. MINUTES The minutes of September 9, 2020 were discussed and modifications were proposed. Motion: To approve the minutes as modified Moved by John Cuddy, seconded by Edmund Papazian Action: Unanimously Approved 1 2500 Boston Post Road – Pepe Porsche – Special Use Permit Renewal – Public Hearing – Cancelled Ms. Hochman stated that the applicant has decided to withdraw its application and read an email from the applicant’s attorney into the record: “Pursuant to our discussions and e-mails and the agreements reached involving and between William Maker, Jr., Esq. and Lee S. Wiederkehr, Esq. with respect to Porsche, please be advised that Porsche, for the purpose of reaching an amicable resolution of all matters, WITHOUT PREJUDICE TO ALL PARTIES, agrees to withdraw its application for renewal of its Special Use Permit until the decision/Order in the Adverse Possession litigation commenced by Mr. Wiederkehr is decided.” The Board agreed to strike the matter from the agenda. Mr. Engel reported that Mr. Maker told him that the agreement with Mr. Wiederkehr is that there is to be no enforcement of violations against Pepe Porsche and its landlord for 60 days. Ms. Hochman stated that when the applicant returns it will be a new application. 613 Fifth Avenue/2 Valley Road – CitiPark Service Station – Special Use Permit Renewal – Public Hearing th Mr. Engel stated that he sent a photo to the Board showing a violation of the 5 condition of the resolution. Mr. Wasp stated that for the Building Department to issue a violation it must be witnessed by a Building Inspector. Ms. Brill stated that the application was duly noticed. Motion: To open the public hearing Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously Approved Sukry Makeen, on behalf of the applicant, addressed the Board stating that the cars parked there were not connected with the applicant or its business. Mr. Engel disagreed, stating that he observed the drivers of the cars talking to CitiPark employees and they took off when he took photos of the violation. The Board discussed the violation and enforcement. Mr. Block asked Mr. Makeen why the applicant had not timely submitted an application to renew and Mr. Makeen responded that the company president changes yearly and he was unaware of the renewal requirement. He further stated that he will make sure it doesn’t happen again because he will advise his successors of the two-year renewal obligation. Mr. Wasp made an announcement inviting members of the public to speak but there was no response. Ms. Aitchison stated that no emails were received concerning this application. Motion: to close the public hearing 2 Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously Approved Motion: To approve the draft resolution Moved by Ron Mandel, seconded by Ira Block Action: Unanimously Approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT CITIPARK SERVICE STATION 613 Fifth Avenue/2 Valley Place Town of Mamaroneck On motion of Ron Mandel, seconded by Ira Block, the Special Use Permit application of CitiPark Service Station (the “Applicant”) was APPROVED by the Planning Board of the Town of Mamaroneck (the “Planning Board”) upon the following resolutions, which were adopted by a vote of 5 - 0 with no abstentions. WHEREAS, the Applicant submitted an application for the renewal of a Special Use Permit on the premises located at 613 Fifth Avenue/2 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Lot 1 as a private auto repair facility and WHEREAS, the Town of Mamaroneck Planning Board (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 or the Town of Mamaroneck Environmental Quality Review Act; and WHEREAS, the Planning Board conducted a duly noticed Public Hearing, in compliance with Governor Cuomo’s executive orders 202.1 and 202.15, as extended, on October 14, 2020; and WHEREAS, the Planning Board, has considered the application to extend the Applicant’s Special Use Permit, the plans and zoning report, comments and responses to questions by the applicant, the reports and comments of the Building Inspector and Town Engineer and any comments by interested members of the public. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board makes findings of facts as follows: 1. 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. 2. 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 3 aspects than would be the operations of any other permitted use not requiring a Special Use Permit. 3. 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. 4. The property subject to this Special Permit has no existing violation of the Town of Mamaroneck Zoning Ordinance. 5. The applicant has represented that there has been no change in circumstances in the area, which would require the Planning Board to deny this request. BE IT FURTHER RESOLVED, that this Board GRANTS this application for the RENEWAL of a Special Use Permit for a private auto repair facility subject to the following terms and conditions: 1. The hours of operation of the facility shall be 8:00 a.m. to 8:00 p.m., Monday through Friday and 8:00 a.m. to 4:00 p.m. on Saturdays. 2. Petroleum waste shall be removed from the premises by a properly licensed disposer of such material. 3. The operation shall be limited to servicing corporate vehicles; it shall not be open to the general public. 4. There shall be no parking or storage of any vehicle on the four-foot wide area along the lengths of the Fifth Avenue boundary and of the Valley Place boundary of the premises. These areas shall be striped in yellow, and the words “No Parking” shall be painted in yellow on both sides of the Fifth Avenue side and on the Valley Place side. 5. There shall be no parking of any vehicles belonging to employees or of vehicles being serviced where the local law specifies no parking on Fifth Avenue. 6. No car parts or metal shall be stored outside the building except in the properly enclosed refuse containers. 7. 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. 8. This Special Use Permit shall expire on October 13, 2022. This decision hereby certified as true and correct shall be filed with the Town Clerk. 5 Cornell Street – Ami and Rebecca Ziff – Public Hearing continued 4 Eliot Senor, Daniel Sherman, Elion Amidor, Leo Napier, Esq. and Becky Ziff were present, via ZOOM. Mr. Engel stated that there is a Town requirement that notice be posted in a specific manner and he observed that there was no sign posted on the property noticing today’s proceedings. Mr. Wasp also informed the Board that a large amount of fill was placed on the site without a permit, causing a Stop Work Order to be issued. Mr. Senor stated that the sign was posted and must have been knocked over. Mr. Engel responded that he actually looked for a sign but did not find one. Mr. Wasp stated that the rock delivery that has already happened required 60 – 80 truck trips. Mr. Engel asked if the applicant and the neighbors discussed the issue with respect to the rear retaining wall and raising the rear of the property as the Board had recommended at the September meeting. Mr. Senor stated that he prepared a plan showing the grading to 1 Cornell. Mr. Wasp stated that only 4 copies of the plan were received but 14 sets are required. Mr. Engel stated that, based upon what was submitted, the only plan that could be considered is the original plan, as the amended plan was not received in a timely manner. Mr. Wasp proposed that the applicant return with a plan requiring less fill. Mr. Engel stated that what Mr. Wasp proposed is what 7 Cornell has already done. He further requested a topographic plan as required by the Residential Site Plan Law. He suggested the applicant consider a plan showing terraces which would require less fill and lower walls. Also, he reminded the applicant that the plans must be received no later than fourteen days prior to the next meeting to be considered for review by the Board. Mr. Wasp stated that the Stop Work Order regarding the fill needs to be addressed. The source and fill contents need to be examined. Mr. Engel stated that it would be helpful to get some comments regarding the proposal in writing from the neighbors at 1, 3 and 7 Cornell. Mr. Wasp made an announcement inviting members of the public to speak; there was no response. Ms. Aitchison stated that no emails were received concerning this application. Mr. Napier stated that he will work with the applicant regarding the Stop Work Order and other th required documents in order to be before the Board on November 11. th The matter was adjourned to November 11. 127 Garden Road East – 127 Garden Road Realty LLC - Consideration 5 Benedict Salanitro and Frank Marsella were present, via ZOOM. Mr. Salanitro stated that he met with staff and received comments and will respond to them. The proposal is to demolish a single-family dwelling and build a new house. A Town tree needs to be removed for the proposed new driveway; the large tree on site is to be preserved and a new street tree would be planted or money will be contributed to the tree fund. He requested referral to the Coastal Zone Management Commission. Mr. Salanitro shared his screen and showed proposed plans and elevations, proposing to create a more level, usable rear yard. Impervious area will increase 1100 sq. ft. Calculations were done based upon a 25-year storm. Rock removal was discussed. Mr. Wasp stated that tree protection needs to be shown on the plan. Mr. Oliveri stated that a cross section of the dry wells needs to be on the plan and he expressed concerns regarding the proximity of the proposed wall to the rear yard trees’ drip line. Mr. Engel expressed concerns regarding fall protection from the top of the wall. Ms. Aitchison asked if rear fill is really necessary as tree wells are not a good option. Mr. Salanitro stated that he will have a landscape architect address the planting plan. Mr. Engel stated that he would like to see a larger drip line for the tree in the front yard. Mr. Salanitro asked that a public hearing be set for November 11th. Motion: To set public hearing for November 11, 2020 Moved by Elizabeth Cooney, seconded by Edmund Papazian Action: Unanimously Approved 46 Villa Road – 46 Villa Road LLC – Consideration Benedict Salanitro and Frank Marsella were present, via ZOOM. Mr. Salanitro stated that he met with Town staff, received comments and will respond to them. The proposal is to demolish a single-family dwelling and build a new house. The existing retaining wall is to remain. The original building is not zoning compliant and the new house will be compliant. The new driveway and patio will be pervious material with pavers. Rock removal was discussed and Mr. Salanitro stated that about 160 cubic yards are to be removed. Drainage controls were discussed. 6 Elevations were shown. Mr. Marsella stated that the new house will not be any higher than the original. Mr. Salanitro asked to be referred to the Coastal Zone Management Commission and that the th public hearing be scheduled for November 11. Motion: To set the public hearing for November 11, 2020 Moved by Edmund Papazian, seconded by Ira Block Action: Unanimously Approved 808 Weaver Street/Bonnie Briar Country Club – Homeland Towers/Verizon - Consideration John Cuddy turned off his video because he had recused himself at the first appearance of the applicant before the Planning Board. David Kenny, Gary Hartman, Bob Burns, Matthew Allen, and Klaus Wilmner were present, via ZOOM. Mr. Kenny stated that since the last meeting he has submitted a plan in response to the question regarding the line of sight from the Sheldrake River area. Mr. Allen explained the profile. Mr. Engel asked why the faux branches cannot start lower to the ground so the trunk is not visible. Mr. Kenny responded that lowering the branches may affect the pole. He showed photos stating that during leaf-on season the problem is moot, and during leaf-off season the view is filtered. Only on the golf course itself is the tower trunk visible. The balloon test was discussed. Landscaping and visual screening were discussed. Mr. Kenny explained that since planting on the Club property will not be beneficial, the applicant supports making a contribution to the Town’s Tree Fund for planting in the area. Mr. Engel stated two communities are involved (the Town and Village of Larchmont) and Mr. Kenny responded that the application was referred to the Village of Larchmont. Ms. Aitchison stated that she has done planting at the Larchmont Village Reservoir before and will work with the Larchmont Village staff. Mr. Mandel stated that he would like to see actual photos of what is proposed and Mr. Kenny responded that he will try to find something similar. Mr. Engel asked if the antennas can be made less visible. The proposed generators and ground equipment were discussed. 7 Mr. Burns stated that a 500 gallon tank should last for 5 ½ days with 8 hours of battery backup. Mr. Engel asked if the tank could be 1000 gallons. The spark zone for a 1000-gallon tank was discussed. Possible emergency service connection was discussed and Mr. Wasp stated that the Town Police Department and the Highway Department are actively evaluating installation. Mr. Engel requested a letter stating that the Town will not be charged for its antennas on the tower. Space for back up equipment was discussed and additional municipalities was discussed. Mr. Wasp stated that the Town’s Consultant needs more data to complete his review and Mr. Kenny stated that he received comments and will respond. Mr. Burns stated that the design of the tower foundation is generic at this point because they have to get geo tech calculations and added that the facility will be built to comply with all federal standards. Maintenance of the road was discussed and Mr. Wilmner stated that he represents Homeland and they will maintain the road. Mr. Engel polled the Board as to whether they felt the application was ready to set a public hearing. Members stated that the consultant’s report needs to be reviewed before a public hearing is opened. Once it was established that the consultant’s report will be submitted prior to the next regularly scheduled meeting on November 11, Mr. Kenny asked if a special meeting could be set to allow a public hearing later in November. Motion: To set the special meeting for a public hearing for Tuesday, November 17 at 6:30 P.M. Moved by Elizabeth Cooney, seconded by Ira Block Action: Approved Yes: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, Ron Mandel, Sarah Dunn Recused: John Cuddy ADJOURNMENT The meeting was adjourned at 10:50 P.M. Minutes prepared by: ____________________________________ Francine M. Brill, Planning Board Secretary 8