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HomeMy WebLinkAbout2021_07_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD IN THE COURT ROOM OF THE TOWN CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK JULY 14, 2021 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Ira Block, John Cuddy, Alternate, Sarah Dunn, Alternate Also Present: 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, Secretary. Absent: Edmund Papazian, Ron Mandel CALL TO ORDER The meeting was called to order at 7:36 P.M. Mr. Engel stated that the next Planning Board meeting will be held on August 4, 2021, one week earlier than previously scheduled, and that it will also be held in the Court Room. MINUTES The draft minutes of June 9, 2021 were discussed, which had been circulated to Board members. Motion: To approve the draft minutes of June 9, 2021 Moved by John Cuddy, seconded by Ira Block Action: Approved Vote: Yes: John Cuddy, Ira Block, Elizabeth Cooney Abstain: Sarah Dunn, Ralph Engel 1. 808 Weaver Street -Bonnie Briar Country Club - Site Plan Amendment - Public Hearing Mr. Engel stated that the signs were not posted correctly and, therefore, the public hearing cannot be opened. Mr. Engel added that the Building Inspector has not received the required information to determine zoning compliance with respect to parking. Finally, Mr. Engel said he made a site visit and had concerns about lighting and pedestrian safety. Anthony Gioffre,the applicant's attorney, addressed the Board. Benedict Salanitro,the applicant's engineer and Joe Napolitano, the club manager, were also present. Mr. Gioffre stated that the applicant's architect was unable to attend. Mr. Gioffre stated that Planning Board member John Cuddy has no relationship with his law firm, Cuddy and Feder. John Cuddy confirmed that statement. 1 Mr. Gioffre stated that he has photos showing that the signs were posted correctly. Ms. Hochman recommended that the applicant appoint someone to check the proper, visible posting of the signs daily, and, perhaps to take daily photos. She further stated that the applicant needs to change the date on the signs to reflect the meeting date of August 4`h Mr. Gioffre gave a brief presentation of the request for the 4 paddle tennis courts to be used only during the club's off season, and showed an aerial photo of the proposed location. He further stated that the applicant appeared before the Coastal Zone Management Commission (CZMC), which determined that the plan is consistent with the local waterfront revitalization plan (LWRP). Mr. Gioffre explained that additional landscaping will be installed, and that the two proposed 1,000 gallon propane tanks are being reduced to one not-over-1,000-gallon tank, as requested. He further stated that the heaters, fed by the propane tanks, under the courts are only to melt snow. Mr. Napolitano stated that the courts can be locked when not in use. Lighting was discussed. Mr. Gioffre stated that the lights will come on at dusk and will turn off automatically at 10:30 PM and that there will be no light spillage as they are designed to illuminate only the courts, the adjacent, raised walks and the stairs. He added that a photometric plan was submitted. Parking was discussed. Mr. Gioffre stated that players are to park in the main parking lot and walk to the courts. Mr. Engel responded that, especially in winter and in the dark, people may drive directly to the courts, because there is an unpaved parking lot that is much closer to the courts. Mr. Engel also expressed safety concerns, because, as he noted,the area where people would walk from their cars to the courts, if they parked in the main parking lot, is not well lit, and the area where they might park near the courts has no illumination at all. Mr. Gioffre responded that they will address the Board's concerns about lighting and safety. Mr. Salanitro described the courts and the piers on which they will stand, and explained that there are railings around the courts and the stairs. He further stated that there will be no rock removal but they will need to drill into the rock for the concrete pads. Mr. Wasp confirmed that application was referred to the Fire Department, and it responded that it had no comments on the application. Mr. Engel suggested the Board deal with environmental review (SEQR). Ms. Aitchison had previously circulated a draft negative declaration for the Board to consider. She also stated that there are bodies of water on the property, but not near the proposed site. The Board discussed the draft Negative Declaration, as prepared by Ms. Aitchison. Motion: To approve the Negative Declaration Moved by Elizabeth Cooney, seconded by Ira Block Action: Approved Vote: Yes: Ralph Engel, Elizabeth Cooney, Ira Block, John Cuddy 2 Abstain: Sarah Dunn PUBLIC COMMENTS Although the public hearing had not been opened, one area resident was present and asked to speak. Martin Kaplan,who resides at 1 Cornell Street, stated that the aerial map submitted by the applicant is inaccurate, and that Google Earth is better. He further stated that he is concerned that light and noise from the courts will be disruptive, because his property is in line with the proposed location, he goes to bed at 8:30 pm and he has grandchildren who visit. He added that playing tennis until 10:30 at night is too late, and that the use of fossil fuel heaters is environmentally inappropriate. Mr. Engel noted that the applicant has proposed that play on the courts would stop at 10pm, but that the lights would remain lit until 10:30. Mr. Block stated that he observed a sports court on Mr. Kaplan's property, but Mr. Kaplan stated that his court is not lit. Mr. Block suggested that Mr. Kaplan have a conversation with the club. The matter was adjourned to August 4, 2021, at which time the opening of the public hearing will be considered, if the signs are properly posted. Mr. Cuddy stated that foliage would mitigate noise and visual impacts but questioned whether this would be the case during off season/winter months. Mr. Gioffre stated that Norway spruces are proposed, which have foliage in winter. 2. 18 Gate House Lane—Residential Site Plan - Consideration Mark Mustacato, the applicant's architect, addressed the Board, stating that he had addressed Mr. Oliveri's comments Mr. Wasp stated that the extension of the road is a right of way and that the Town does not assume any responsibility for it. Mr. Mustacato stated that the landscaping plan was revised to include more native plants and it is coordinated with the site plan. Ms. Aitchison asked for clarification on the tree plan. Photos were shown. Mr. Engel referred the matter to the CZMC. Mr. Mustacato stated that is no rock removal is proposed. Motion: To set a public hearing for August 4, 2021 Moved by Elizabeth Cooney, seconded by John Cuddy Action: Unanimously approved 3 3. 2500 Boston Post Road - Pepe Porsche of Larchmont - Special Use Permit Renewal and Site Plan Amendment - Public Hearing Donald S. Mazin, the applicant's attorney, and Joseph Crocco, the applicant's architect, were present. Mr. Crocco stated that the site plan was amended to show the three storage sheds, the compactor was removed and a dumpster was installed instead. Mr. Wasp stated that a copy of the easement which authorizes the applicant to use the formerly disputed area is in the Town files. Motion: To open the public hearing Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved There were no public questions or comments The Board discussed the draft resolutions and listened to comments from Mr. Mazin as to the draft resolution regarding the special use permit. In response, Ms. Hochman input certain changes proposed by Mr. Mazin. Mr. Mazin stated that he had no comments as to the draft resolution relating to the site plan amendment. Mr. Wasp asked about the existing oil-water separator and Mr. Crocco responded that clean liquids get discharged into the sanitary sewer system after the solids are removed. Mr. Crocco added that he will submit a bill showing that the system was cleaned out in April of this year. Motion: To approve the draft resolution to approve the amended site plan Moved by Elizabeth Cooney, seconded by John Cuddy Action: Unanimously approved RESOLUTION Site Plan Amendment 2500 Boston Post Road, Town of Mamaroneck, New York Pepe Porsche of Larchmont On motion of Elizabeth, seconded by Ira Block, the application submitted by Pepe Porsche of Larchmont/Joseph R. Crocco on behalf of its landlord, 2500 Boston Post Road, LLC (the "Applicant") to amend the site plan 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 property is located at 2500 Boston Post Road, Mamaroneck, NY and known on the Tax Assessment map of the Town of Mamaroneck as Block 503, Lot 123 (the "Property"); and 4 WHEREAS, the Applicant proposes to amend its site plan to include previously installed accessory storage units (for which it is in the process of obtaining building permits) and a trash enclosure and to reflect that it has an easement to use a portion of the site owned by the adjacent neighboring property owner (the "Subject Area Easement"); and WHEREAS, the Applicant has also submitted an application to extend a special use permit for the 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 Town Engineer, the Town Building Inspector and the Town's Consulting Engineer reviewed the following plans and reports (hereinafter referred to collectively as (the "Plans") • Drawing: "Proposed Site Plan", Sheet S 1.0,prepared by Joseph R. Crocco Architects, last revised 5/6/2021. • Drawing: "Area Analysis", Sheet A1.4, prepared by Joseph R. Crocco Architects, last revised 5/14/2020. WHEREAS, the Town Building Inspector, in a memorandum dated July 7, 2021, stated that the proposed amended site plan is zoning compliant; and WHEREAS, upon the recommendation by the Town Engineer, the Planning Board determined that certain requirements set forth in Section 177-10 relating to area maps, renderings and detailed plans for site design and building architecture are unnecessary because there have been no substantive changes to the site and/or such structures, and the drawings as submitted are sufficient to illustrate the changes made to the site plan (the "Unnecessary 177-10 Requirements"); and WHEREAS, the Planning Board hereby waives the Unnecessary 177-10 Requirements; and WHEREAS, except for the Unnecessary 177-10 Requirements which have been waived, the Applicant provided all information required by Chapter 177 of the Town Code; and WHEREAS,the Board finds that the Application conforms to the standards established by Section 177-5 of the Town Code; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in accordance with Section 177-11 of the Town Code; and WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting and issued a letter to the Planning Board, dated July 12, 2021 (the "CZMC Letter"), stating that the Applicant's proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, the CZMC Letter stated that an oil-water separator structure as previously 5 recommended by the CZMC in 2005 was reported by the Applicant as having been installed and as presently functioning properly; and WHEREAS, the Planning Board held a duly noticed public hearing for the Application on July 14, 2014; 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 comments from interested members of the public; and WHEREAS, the Application is Type II and no further environmental review is required pursuant to the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application for an amendment to the site plan for the Property as reflected in the hereinabove referenced Plans and subject to the following terms and conditions: General 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. 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 amended site plan as approved by this resolution, a determination shall be made by the Town Engineer as to whether the modification is substantial and should be further considered by the Planning Board. 5. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 6. Work conducted under Town permits shall be open to inspection at any time, including weekends and holidays, by the Town Building Inspector, the Town Engineer and the Town Environmental Planner or their designated representative(s). 7. Within ninety (90) days from the date hereof, the Applicant shall deliver to the Town Building Inspector an "as built" survey of the entire Property. 8. No certificate of completion shall be issued until all of the required conditions of this approval have been met. 6 9. 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 interests in the Property or any portion thereof. 10. The Site Plan drawing shall include an endorsement block for the Planning Board Secretary in accordance with §177-14, including the following statement "Approved by Resolution of the Planning Board dated July 14, 2021." 11. 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. Specific Conditions: 12. To the satisfaction of the Town Engineer, within thirty (30) days of the date hereof, the Proposed Site Plan shall be revised, and submitted to the Town Engineer, to set forth the area covered by the Subject Area Easement, and to include a note referencing the recorded easement. 13. Within thirty (30) days of the date hereof, the Applicant shall provide the Town Engineer with such evidence that he determines to be satisfactory, documenting a completed inspection,within the then past twelve(12)months, and the maintenance, if any,performed within that period, on the previously installed oil-water separator structure, and that it was performing properly on the date of the completed inspection. If the separator is connected to a storm sewer, such an inspection shall be done at least annually, and a report setting forth the above, satisfactory to the Town Engineer, shall be submitted to the Town Engineer at least annually. 14. Unless already done, within thirty (30) days of the date hereof, the Applicant shall submit a complete application for a building permit for each of the storage sheds shown on the amended site plan to the Town's Building Department, and shall pursue that application until approved by the Town Building Inspector, including, without limitation, making such changes to said structures as the Town Building Inspector shall request. Motion: To approve the draft resolution to approve the Special Use Permit Renewal Moved by Ira Block, seconded by John Cuddy Vote: Unanimously approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT 2500 Boston Post Road, Town of Mamaroneck, New York Pepe Porsche of Larchmont On motion of Ira Block, seconded by John Cuddy, the application to extend the special use permit of Pepe Porsche of Larchmont/Joseph R. Crocco (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: 7 WHEREAS, in 2012 the Planning Board granted the Applicant a special use permit for the use of the premises at 2500 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 123 (the "Property")for the service and repair of motor vehicles in conjunction with its use as an auto dealership (the "Special Use Permit"); and WHEREAS, in early 2019, in connection with a request by the Applicant to extend its Special Use Permit,the Town of Mamaroneck Building Department ascertained that a portion of the Applicant's off-street parking extends beyond the Property into an adjacent parcel not held in record ownership by the Applicant or the Applicant's landlord (the "Subject Area"); and WHEREAS, subsequent to 2019, the Applicant did not dispute that neither it nor its Land- lord, 2500 Boston Post Road Associates, LLC, (the "Landlord"), held record title to the Subject Area, and that neither of them had received permission from the record owner to use the Subject Area; and WHEREAS, the Planning Board requested that the Applicant submit documentation showing that the Applicant had the right to use the Subject Area; and WHEREAS, the Applicant asserted that it had been given the right to use the Subject Area by the Landlord which claimed to have acquired title thereto by adverse possession; and WHEREAS, the Applicant did not submit a deed or a judgment or any other evidence proving that the Landlord has acquired title to the Subject Area by adverse possession; and WHEREAS, because the Planning Board lacked authority to grant a special use permit that, in effect, would endorse or condone the use of land which neither the Applicant nor its Landlord owned or had permission to use from the record owner, the Planning Board, so as not to force the Applicant to cease operations immediately, conditionally approved the extension of the Applicant's Special Use Permit, provided that the Applicant submit "appropriately executed documentation showing that it has the right to use the portion of parking spaces that extends past the property boundary into the adjacent lot" (i.e. the Subject Area) within 90 days from May 8, 2019; and WHEREAS, the Applicant did not submit such documentation but, instead, commenced an Article 78 proceeding to annul the aforementioned condition, and WHEREAS, the Supreme Court of the State of New York in and for the County of Westchester (Cacace, J.) struck the condition not because the Applicant demonstrated that the Landlord had established title to the Subject Area or that the Applicant or its Landlord had obtained permission to use the Subject Area from its owner of record but because the Court construed the wording of this condition in the Planning Board's resolution as requiring no more than a presentation that the Applicant had the Landlord's permission to use the Subject Area (which it demonstrated), even though the Landlord did not establish title to the Subject Area and had no right to give such permission; and 8 WHEREAS, the Special Use Permit was last extended by resolution of the Planning Board on February 5, 2020, with an expiration date of February 29, 2020, commencing nunc pro tunc as of the date that the prior extension of the Special Use Permit expired; and WHEREAS, in March of 2021 the Applicant submitted to the Town Building Department a fully executed easement agreement, dated February 2, 2021, between Cooper Hill Apartments and the Applicant's Landlord, which agreement grants the Landlord a sole and exclusive easement over the Subject Area for any lawful ancillary purpose and use (the "Subject Area Easement"); and WHEREAS,the Subject Area Easement was recorded in the office of the Westchester County Clerk on March 8, 2021 under control number 610283423; and WHEREAS,thereafter the Applicant submitted this application for a further extension of its Special Use Permit (the "Application"); and WHEREAS,the Applicant has also submitted an application for a site plan amendment to reflect its right to use the property pursuant to the Subject Area Easement, and other matters; and WHEREAS, a duly noticed public hearing was held on July 14, 2021; and WHEREAS, the Planning Board discussed whether the term of this Special Use Permit should be for two (2) years commencing nunc pro tunc as of the date that the prior extension of the Special Use Permit expired, being February 28, 2022; and WHEREAS, in 2005, the Town Coastal Zone Management Committee issued a letter stating that an oil-water separator structure was reported by the Applicant as installed and functioning properly; and WHEREAS, the Planning Board has considered the Application and related plans, documents, comments and responses to questions by the Applicant, the reports and comments of the Town's Engineer and/or the Town's Consulting Engineer, the Town's Building Inspector and any comments by any interested members of the public; and WHEREAS, the Application is Type II and no further environmental review is required pursuant to the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act. NOW,THEREFORE,BE IT RESOLVED,that the Planning Board makes the following findings of fact required by Section 240-62 of the Town Code: 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. 9 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 the Planning Board hereby APPROVES the Application subject to the following terms and conditions: 1. Showroom hours of operation will be no longer than from 9:00 a.m. to 7:00 p.m. on Monday through Thursday; 9:00 a.m. to 6:00 p.m. on Friday; and 9:00 a.m. to 6:00 p.m. on Saturday. There shall be no automobile sales on Sunday. 2. Hours of operation for automobile service shall be no longer than from 7:30 a.m.to 6:00 p.m. on Monday through Friday; and 8:00 a.m. to 1:00 p.m. on Saturday. There shall be no servicing of automobiles on Sunday. 3. Hours of operation for parts shall be no longer than from 7:30 a.m.to 5:00 p.m. on Monday to Friday; and 8:00 — 1:00 p.m. on Saturday. There shall be no operation of the parts department on Sunday. 4. This permit shall expire on February 28, 2022, two years from the date that the prior extension of the special use permit expired. 5. This Special Use Permit is subject to the termination requirements set forth in Sections 240- 64 and 240-65 and to the use restrictions set forth in Section 240-31B of the Zoning Code of the Town of Mamaroneck. 6. In connection with an application to further extend this Special Use Permit, the Applicant shall submit, to the satisfaction of the Town Engineer, documentation of acceptable inspection and maintenance for the existing oil-water separator structure. Mr. Mazin thanked the Board. Ira Block left the meeting at 8:56PM 4. 57 Glenn Road - JAF Builders Corp. —Residential Site Plan - Consideration Steve Anderson, the applicant's engineer, showed renderings, a landscape plan and an erosion plan. Ms. Cooney asked for height comparison to neighboring houses and the Board asked for elevations. 10 Mr. Engel stated that there is a total tear down moratorium and Mr. Anderson responded that the applicant wants to proceed with the Planning Board anyway. The matter was referred to the CZMC. ADJOURNMENT The meeting was adjourned at 9:20 PM. Prepared by Francine M. Brill Planning Board Secretary 11