HomeMy WebLinkAbout2021_04_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD
OF THE TOWN OF MAMARONECK
HELD REMOTELY Via ZOOM ON APRIL 14, 2021
Present via ZOOM: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Edmund Papazian, Ira
Block, 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, 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. Ms. Brill further stated that all applications listed on the agenda for public hearing
have been duly noticed.
Mr. Engel stated that members of the public received notice on how to view the meeting on TV and
online. He stated that this meeting is being broadcast live on LMC-TV, on channel 35 on FIOS, on
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 to viewers.
The meeting was called to order at 7:30 P.M.
Mr. Engel stated that there is a moratorium on mechanical rock removal, which has been extended
through June, and he further stated that the Town adopted a new mechanical rock removal law.
MINUTES
The draft minutes of the March 10, 2021 meeting were discussed.
Motion: To approve the draft minutes of the March 10, 2021 meeting
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Unanimously Approved
1. 2430 Boston Post Road—Nordone and Sons—Special Use Permit Renewal - Public Hearing
Joseph Nordone addressed the Board to request a renewal of the Special Use Permit.
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Mr. Block asked that a copy of the deed be submitted, and Mr. Nordone stated that he is looking for a
copy of it. Ms. Hochman stated that it is not required for renewals. Mr. Wasp confirmed that a copy
of the deed is in the file from the last submission.
Mr. Wasp stated that the property is in conformance with its site plan, with no violations.
Motion: To open the public hearing
Moved by Edmund Papazian, seconded by Elizabeth Cooney
Action: Unanimously Approved
There were no virtual hands raised indicating someone wished to speak concerning this application.
Ms. Aitchison stated that there were no emails received concerning this application.
Motion: To close the public hearing
Moved by Ron Mandel, seconded by Elizabeth Cooney
Action: Unanimously Approved
The draft resolution was discussed and technical corrections were proposed.
Motion: To approve the resolution with technical corrections
Moved by Ron Mandel, seconded by Elizabeth Cooney
Action: Unanimously Approved
RESOLUTION
Special Use Permit Renewal
Nordone& Sons Auto Body, Inc.
2430 Boston Post Road, Town of Mamaroneck, New York
On motion of Ron Mandel, seconded by Elizabeth Cooney, the Special Use Permit Renewal
application of Nordone & Sons Auto Body, Inc. (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 Applicant submitted an application for a renewal of a Special Use Permit for use of
the premises to perform auto body and fender repair at 2430 Boston Post Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 503, Lot 421; and
WHEREAS, Section 240-31(B)(2)of the Zoning Code of the Town of Mamaroneck permits"facilities
for servicing and repair" as a special use; and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6
NYCRR§ 617 et seq., and accordingly, no further action under SEQRA is required; and
WHEREAS, a duly noticed Public Hearing was held on April 14, 2021 in accordance with Governor
Cuomo's Executive Orders 202.1 and 202.15, as extended; and
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WHEREAS,the Planning Board has considered the application for renewal of the Special Use Permit,
comments and responses to questions by the Applicant, the reports and comments of the Town
Engineer and of the Consulting Engineer to the Town and any comments by interested members of
the public.
NOW, THEREFORE,BE IT RESOLVED,that this Board makes findings of fact as follows:
A. The proposed use as limited by the conditions set forth herein is in general harmony with the
surrounding area and will not have an adverse 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.
D. The property subject to this Special Use Permit has no existing violation of the Town of
Mamaroneck Zoning Ordinance.
E. There has been no change in circumstances in the area that would require the Planning Board
to deny this request.
BE IT FURTHER RESOLVED, that this Board APPROVES the application of Nordone & Sons
Auto Body, Inc. for a Special Use Permit Renewal for an automobile repair facility performing auto
body and fender repair at the premises located at 2430 Boston Post Road, subject to the terms and
conditions set forth below:
1. Services on the premises shall be limited to auto body and fender repair. No repairs
requiring breakdown of the motor, transmission or universal joints shall be permitted.
Repairs to the electrical system shall not be performed, except as related to accidents and
theft.
2. Only sanding, painting, polishing and reassembly of vehicles shall be performed on the
lower level.
3. The Applicant agrees to provide and maintain the pollution control services and
activities previously set forth in a memorandum from the Coastal Zone Management
Commission, dated December 5, 1990, and such activities shall constitute conditions of
this Special Permit.
4. Hours of operation shall be only from 8:00 a.m. to 7:00 p.m. Monday through Saturday.
However, drop-off and pickup shall be permitted outside of these hours.
5. No noise emanating from inside the building shall be audible outside the building and
there shall be no externally audible public address system, bullhorns or walkie-talkies on
the premises.
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6. All lights, except for security lighting, shall be turned off when the premises are vacated
for the evening.
7. All lights for the driveway and parking area shall be directed towards the building
8. All doors shall be kept closed while work is in progress, except for times when the
vehicles are moving in and out of the building. All work shall be performed inside the
building.
9. The Applicant shall maintain and use reasonably available odor control technology.
10. The Applicant shall use a containment tracking material in the exterior drains ("pig mat"
or equivalent) and have the mats collected by an approved toxic waste removal company
on a regular basis, but no less frequently than annually. In addition, the Applicant shall
maintain sufficient absorbent material in the interior floor drain to collect any pollutants
so as to prevent them from entering the sanitary sewer system.
11. The Applicant shall maintain all necessary permits from the Westchester County
Department of Health and the New York State Department of Environmental
Conservation relating to air pollution emissions, waste disposal and spray painting
processes.
12. This Special Use Permit is subject to the termination requirements set forth in the Zoning
Code of the Town of Mamaroneck.
13. This Special Use Permit shall expire two years from the date hereof.
14. Parking on the premises in front of the overhead doors shall be permissible only for
vehicles operated by the Applicant's customers or suppliers making deliveries to the
Applicant, and such parking shall be permissible only for one(1) hour or less.
15. There shall be no overnight parking or storage of vehicles owned by the Applicant, its
customers or its employees on the adjoining Van Guilder Street right-of-way unless such
use is permitted by an agreement with the Town of Mamaroneck, or the Applicant has
purchased or leased or obtained a license to use the referenced property for such
purposes.
This decision hereby is certified as true and correct and shall be filed with the Town Clerk.
2. 2334 Boston Post Road - Larchmont Car Wash - Special Use Permit Renewal - Public Hearing
Michael Lage, the applicant, addressed the Board. Mr. Engel stated that the resolution requires that
the drywells be inspected annually by a professional engineer, and he suggested that, unless that work
had been done, the application be postponed.
Motion: To open the public hearing
Moved by Edmund Papazian, seconded by Elizabeth Cooney
Action: Unanimously Approved
There were no virtual hands raised indicating someone wished to speak concerning this application.
Ms. Aitchison stated that there were no emails received concerning this application.
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The public hearing remains open, and is to be continued at the May 12`h meeting of the Planning Board.
Evidence of the inspections, and of what was found by the professional engineer, is to be filed with
the Building Department by the applicant at least 14 days prior to that meeting.
Ms. Hochman reminded the applicant to update the notification sign to May 12`h
3. 7 Highland Road - Charles and Valerie Green -Wetlands and Watercourses - Public Hearing
The public hearing was continued from last month.
Paul Fusco, the applicant's architect, and Charles Green, an owner, were present via ZOOM.
Mr. Fusco stated that they received a copy of the draft resolution and requested a vote. He further
stated that there have been no changes to the plans.
The Board discussed the difference between the Town Code and the Building Code with respect to
rock removal. Ms. Hochman stated that she spoke with the Town Attorney and learned that the Town
Board intentionally rejected a requirement for a bond and rejected including in the Town Code a
provision that homeowners be required to pay the cost of repairs resulting from damage caused by the
mechanical rock removal.
The Board discussed the CZMC letter and conditions related to the proximity of the pool to the
wetlands. Mr. Cuddy suggested further discussion to address impacts of swimming pools.
Ms. Aitchison read an email received from Maria Michaels. There were no additional emails or
comments from members of the public.
Motion: To close the public hearing
Moved by, Elizabeth Cooney, seconded by Ira Block
Action: Unanimously approved
Motion: To approve the draft resolution
Moved by Edmund Papazian, seconded by Elizabeth Cooney
Action: Unanimously Approved
RESOLUTION
WETLANDS &WATERCOURSES PERMIT
7 Highland Road, Town of Mamaroneck, New York
On motion of Edmund Papazian, seconded by Elizabeth Cooney,the application of Charles and Valerie
Green (the "Applicant"), for approval of a wetlands and watercourses permit was unanimously
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:
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WHEREAS, the Property is located at 7 Highland Road, is known on the Tax Assessment map as
Section 2, Block 22, Lot 1 and is within the R-10 Residential District in the Town of Mamaroneck,
New York(the "Property"); and
WHEREAS, the Applicant proposes to install a pool and patio on the Property (the "Proposed
Action"); and
WHEREAS, the Town's Coastal Zone Management Commission ("CZMC") reviewed the
Application at its meeting on January 25, 2021 and issued a letter to the Planning Board, dated January
29, 2021 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with
the Local Waterfront Revitalization Program ("LWRP"); and
WHEREAS, the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph
Rotfeld Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans
(hereinafter referred to as the "Plans"):
• Drawings titled: "7 Highland Road", Sheets: "Site Plan" & "Planting Plan", prepared by Louis
Fusco Landscape Architects, dated 12/08/2020, last revised 01/25/2021; and
WHEREAS, a duly noticed public hearing for the Application was opened on February 10, 2021 and
continued on March 10 and April 14, 2021, in accordance with Governor Cuomo's Executive Orders
202.1 and 202.15, as extended; 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, subparagraph
(8) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further
environmental review is required; and
WHEREAS, in accordance with §114-7(D) of the Town Code, the Board has considered the
following:
I. all available reports concerning the Proposed Action from other commissions, including
the CZMC, and any Town, County, State and/or Federal agencies, as well as members of
the public;
II. all relevant facts and circumstances pertaining to the Proposed Action, including but not
limited to:
a. any potential environmental impact of the Proposed Action:
The Planning Board determined that there is no negative environmental impact because it will
remove existing manicured lawn and install new wetland plant material.
b. the alternatives to the Proposed Action:
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Because of the Property's location adjacent to an intermittent watercourse and the
Leatherstocking Trail Conservation Area, any application for a pool would require a wetlands
and watercourses permit.
c. the impact of the Proposed Action on wetland functions and the benefits as set forth in
§114-1 of the Town Code:
The Planning Board determined that wetland function will be significantly improved by the
restoration of the wetland buffer area with native plantings, which will provide habitat and
help with stormwater filtration.
III. the availability of preferable alternative locations for the Proposed Action on the subject
parcel:
The Planning Board determined that there are no suitable alternative locations on the Property
that are zoning compliant. The proposed location for the new pool and patio minimizes
impacts to the neighbors and the Leatherstocking Trail and also minimizes the encroachment
into the wetlands buffer zone.
IV. the availability of further technical improvements or safeguards that could feasibly be
added to the proposal;
The Planning Board determined the Proposed Action requires no further technical
improvements because the proposal includes two rows of silt fence between the area of
disturbance and the wetlands and provides for stormwater control and treatment.
V. the possibility of avoiding reduction of the wetland's or watercourse's natural capacity to
support desirable biological life, prevent flooding, control sedimentation and/or prevent
erosion, facilitate drainage, and provide recreation and open space;
The Planning Board determined that, because of the removal of encroaching, manicured lawn and
installation of native wetland plantings, the project will improve overall wetland function, increase
biodiversity, reduce stormwater runoff and increase flood control.
VI.the extent to which the public or private benefit derived from such use may or may not outweigh
or justify the possible degradation of the wetland or watercourse,the interference with the exercise
of other property rights, and the impairment or endangerment of public health, safety, or welfare:
The Planning Board determined that the proposed improvements will enhance the Property without
diminishing the health, safety or welfare of neighbors or the general public and the proposed
plantings will be sufficient to screen the yard and the pool from users on the trails.
WHEREAS, the Planning Board has considered the Application and Plans; comments and responses
to questions by the Applicant and its representatives; the memos, letters, reports and comments of the
Town Engineer, Town Building Inspector, Town Environmental Planner, Town's Consulting Engineer
and CZMC; and has heard and considered the comments of any interested members of the public.
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NOW, THEREFORE,BE IT RESOLVED,that the Planning Board hereby finds, pursuant to §114-
7(E) of the Town Code, based on the record before it and after due consideration of the above criteria
set forth in §114-7(D), that the Applicant's proposed regulated activity is consistent with the purposes
of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses Protection Law of the
Town of Mamaroneck, as set forth in §114-1 and that the action to be taken will minimize all adverse
effects on such policy to the maximum extent practicable:
• To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses; to
prevent despoliation and destruction; to regulate their use and development; and to secure the natural
benefits of wetlands and watercourses that is consistent with the general welfare and beneficial
economic and social development of the town; and
• To ensure maximum protection for wetlands and watercourses by discouraging degradation within
them and within their buffers that may adversely affect these natural resources; to encourage
restoration of already degraded or destroyed wetlands, watercourse and buffers; and to ensure "no net
loss" of wetlands and watercourse areas.
BE IT FURTHER RESOLVED,that the Planning Board GRANTS the Wetlands and Watercourses
Permit as reflected in the hereinabove identified 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 herein referenced, as
modified in accordance with the specific conditions hereinafter set forth.
2. Any and all applicable county, state, federal and regional permits shall be obtained prior to the
issuance of any Town permits except as otherwise permitted by the Town Engineer in
consultation with the Town Building Inspector and the Town Environmental Planner.
3. No certificate of completion shall be issued until all of the required conditions of this approval
have been met.
4. Prior to the commencement of construction, appropriate measures shall be undertaken to
control erosion and minimize water turbidity during construction, including, but not limited to,
installation and maintenance of tree protection measures approved by the Town Environmental
Planner.
5. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town
Building Inspector as well as the Town Environmental Planner, prior to any site disturbance.
The Applicant shall notify the Town Engineer as well as the Town Environmental Planner, at
least three(3) full, consecutive working days in advance of any site disturbance, to inspect the
installation of erosion and sediment control devices, and tree and wetland protection measures.
6. Work conducted under Town permits shall be open to inspection at any time, including
weekends and holidays, by the Town Engineer, the Town Building Inspector, the Town's
Consulting Engineer and Town Environmental Planner or their designated representative(s).
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7. The Wetlands and Watercourses Permit shall expire one year from the date it is issued.
8. All permits shall be maintained and prominently displayed at the project site during the
undertaking of the activities authorized by the permits.
9. Violation of any of the conditions imposed herein may result in revocation of the Wetlands
and Watercourses Permit and any other permits the Town may deem appropriate.
10. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to
the estimated cost of the improvements within the wetland buffer. This can be combined with
the Erosion and Sediment Control Permit bond to ensure satisfactory completion of the project
and the rehabilitation of the affected or disturbed areas.
11. 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 assigns in/of
ownership interests in the Property or any portion thereof.
12. Prior to the issuance of Town permits, the Applicant shall address all outstanding review
comments to the satisfaction of the Town Engineer, including, but not limited to:
a) Incorporating a note on the Plans to indicate that, if any imported fill is required, the
source of all imported fill shall be provided to the Town Engineer in advance, for his
approval, and that all imported fill shall consist of clean soils meeting the soil
constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-
10 technical memorandum.
b) Revising the site plan drawing to eliminate the porous asphalt within the driveway
apron on the Town right-of-way and replacing it with conventional asphalt.
13. In accordance with Section 114-7 (3) 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.
14. Upon completion of construction, prior to the issuance of a letter of completion and to the
satisfaction of the Town Engineer, the Applicant shall submit redline revisions reflective of as-
built conditions, depicting the pool, patio and installed plantings, drainage structures and
utilities.
15. The Applicant shall be required to water and maintain new plantings in the Conservation Area
for one year following the issuance date of the letter of completion.
16. Subject to any applicable moratorium, if there is to be any mechanical rock removal on the
Property, the Applicant shall comply with Section 106-58.1 of the Code of the Town of
Mamaroneck(the Town's mechanical rock removal law) and shall provide a complete copy of
the survey required by that Section to the owner(s) of the applicable surveyed lot at least ten
(10) days before the mechanical rock removal is to commence.
This decision hereby is certified as true and correct and shall be filed with the Town Clerk.
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4. 3 Cornell Street—5 Cornell LLC - Residential Site Plan—Public Hearing
Eliot Senor, the applicant's engineer, and Shlomo Freidfertig, the owner, were present via ZOOM.
Mr. Wasp stated that work for 5 Cornell would be reviewed and, potentially, would be approved by
the Building Department administratively.
Mr. Freidfurtig stated that there is an agreement between the owners of#3 Cornell and #5 Cornell to
eliminate both stone walls and to create a common grading plan.
Mr. Engel stated that the only plan Planning Board members received is the "old" plan, which shows
the retaining wall—not the revised plan which has the common grading plan. Mr. Senor stated that
he wants to proceed with that plan, showing the retaining wall.
The Board discussed the applicant's proposal.
Motion: To open the public hearing
Moved by Ira Block, seconded by Edmund Papazian
Action: Unanimously Approved
Helene Kaplan, who resides at #1 Cornell Street, stated that her drainage and landscaping concerns
have been addressed and that she has no objection to the plans.
Ami Ziff, an owner of#5 Cornell, stated that there is a signed agreement and a redline version showing
the grading plan will be submitted for approval to the Building Department.
Mr. Engel stated that the public hearing will remain open and requested counsel to prepare a draft
resolution for the next meeting of the Planning Board.
Ms. Hochman advised the applicant that that the notification sign must be updated, to show the May
12th date.
5. Pryer Manor Road - Residential Site Plan &Wetlands and Watercourses - Consideration
Rick Yestadt,the applicant's architect, Michael Stein,the applicant's engineer, Liz Fry,the applicant's
landscape architect, and the Sullivans, the homeowners, were present via ZOOM.
Mr. Engel stated that the documents were received late and therefore not distributed to the Board. In
addition, a floodplain assessment is required. Mr. Oliveri also requested a response to his engineering
comments set forth in his memo dated February 10, 2021.
Motion: To open the public hearing
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Unanimously Approved
There were no virtual hands raised indicating someone wished to speak concerning this application.
Ms. Aitchison stated that there were no emails received concerning this application.
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The public hearing was continued to the May 12, 2021 meeting of the Planning Board. Ms. Hochman
reminded the applicants to update their notification sign. Mr. Engel requested that draft resolutions
be prepared.
6. 15 Greystone Road—Phillip Moran— Subdivision—Consideration
Michael Stein of Hudson Engineering, appeared on behalf of the applicant via ZOOM.
Mr. Engel stated that one of the lots would be noncompliant due to insufficient street frontage, and
would require a variance from the Town's Zoning Board of Appeals in order to be finally approved
by the Planning Board.
Ms. Hochman gave a brief overview of the subdivision process, explaining the relationship between
Town of Mamaroneck and New York State requirements for subdivision applications and the
environmental review process. She further stated that the application requires a separate review
process by the Town Zoning Board of Appeals because one of the resulting lots would require an area
variance for street frontage. She added that, once the submission is complete, the Board will open a
public hearing on the preliminary layout. There will be a second public hearing on the final plat. The
Zoning Board process also requires a separate public hearing. Finally, once there is proposed
development on any of the lots there will be a separate review process for residential site plan approval
relating to that lot, which also requires a public hearing.
Ms. Aitchison raised some questions about and made some corrections relating to the environmental
assessment form submitted by the applicant.
Mr. Engel stated that, since the deed is to the husband and the wife, both need to sign or authorize the
application.
The Board discussed when the applicant plans to demolish the existing house, whereupon Mr. Stein
acknowledged that the house would have to be removed before the final plat is signed.
Storm water and drainage were discussed.
Rock removal, earth work and cut and fill were discussed, and Mr. Engel questioned the amount of
rock that would need to be removed.
The Board discussed that the houses shown on the plat are only conceptual.
The matter was adjourned to May 12th, for further consideration. No public hearing date was set.
7. 2500 Boston Post Road—Pepe Porsche—Special Use Permit Renewal& Site Plan Amendment
—Consideration
Joseph Crocco, the applicant's architect, was present via ZOOM.
Mr. Engel stated that the Town Building Inspector had issued a letter stating that permits are needed
for sheds and the compactor. Ms. Hochman suggested that the applicant coordinate with the Building
Inspector to address zoning issues.
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Mr. Engel asked that the applicant's counsel be advised that an application for a new Special Use
Permit must be submitted along with an application for an amended site plan.
ADJOURNMENT
The meeting was adjourned at 10:35 P.M.
Minutes prepared by
Francine M. Brill, Planning Board Secretary
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