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.
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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
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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
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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
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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
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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.
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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:
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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
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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.
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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.
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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
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