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HomeMy WebLinkAbout2021_08_04 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 AUGUST 4, 2021 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Ira Block, John Cuddy Also Present: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning Board, Elizabeth Aitchison, Town Environmental Planner, Anthony Oliveri, Consulting Engineer, Francine M. Brill, Secretary Absent: Edmund Papazian, Ron Mandel, Sarah Dunn, Alternate CALL TO ORDER The meeting was called to order at 7:33 p.m. MINUTES The Minutes of July 14, 2021 were discussed and technical corrections proposed. Motion: To approve the minutes of July 14, 2021 with technical corrections Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved 1. 808 Weaver Street -Bonnie Briar Country Club - Site Plan Amendment—Public Hearing Anthony Gioffre, the applicant's attorney, addressed the Board. Benedict Salanitro, the applicant's engineer, and Joe Napolitano, the club manager, were present. Mr. Gioffre stated that the applicant's architect was unable to attend. Mr. Gioffre stated that they submitted a supplemental parking plan showing 12 additional parking spaces near the proposed platform tennis courts. Mr. Polcari, the Town Building Inspector, issued a memo stating that the application is zoning compliant. Mr. Gioffre further stated that one additional bollard light along the path/street leading to the proposed new courts would be installed,which light would not be on a timer. In addition, LED lighting attached to the rear of the cart barn, to illuminate the new parking area, on timers set to turn off no later than 10:30 pm, would be installed. He noted that the photometrics plan demonstrates that there will be no adverse impact on the adjoining neighbors from these lights, and that the lights illuminating the proposed courts, walkways and stairs would be arranged to minimize such adverse impacts. Mr. Salanitro explained the updated plans and, in response to a question, stated that there would be some rock removal, which requires a separate permit. Mr. Engel stated that he thinks that the rock removal moratorium does not apply to this non-residential property. 1 The Board members and the applicant discussed the heaters, which are only to melt snow and ice from the courts as well as from the walkways and stairs leading to and from them, when the weather so requires, for increased safety. Mr. Salanitro further stated that the application was amended to request that the courts be usable be for the entire year, not just the winter months. Mr. Engel stated that he knows of no reason why the courts could not be used all year, subject to the restrictions as to hours of use and illumination that had been discussed. Motion: To open the public hearing Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved PUBLIC COMMENTS Martin Kaplan, of 1 Cornell Street, stated that he had visited the location and no longer objects to the proposed location but that he is still concerned regarding the 10:30 P.M. time. He stated the concept of being open that late is wrong. Mr. Block stated that the timing does not conflict with the Town's noise ordinance and that any resolution adopted by the Board would impose a time restriction, so that play is permissible only until 10:00 P.M. The lights would be turned off no later than 10:30 P.M. Mr. Engel pointed out that Mr. Kaplan's house has a tennis court, that his former adjoining neighbor at 3 Cornell had a tennis court, and that the new house at 5 Cornell has a tennis court, all of which courts can be used to play until dark which, in summer, can be after 9 P.M. . Mr. Engel added that the applicant has worked with the Board regarding planting additional screening between the proposed courts and Cornell Street, and has agreed to plant more evergreens. Mr. Napolitano stated that Mr. Kaplan, Mr. Friedfertig and Mr. Ziff visited and that neither Mr. Friedfertig nor Mr. Ziff expressed any objection to the proposed courts. Mr. Salanitro stated that, although they do not anticipate any objections with respect to noise, if there is a problem they will work to fix it. Motion: To close the public hearing Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved Ms. Hochman stated the SEQR determination of environmental significance (the negative declaration) was approved last month. The Board and Mr. Gioffre discussed the draft resolution which had been prepared by counsel. Motion: To approve the draft resolution, as modified Moved by John Cuddy, seconded by Ira Block Action: Unanimously approved 2 RESOLUTION Site Plan Amendment Bonnie Briar Country Club 808 Weaver Street, Town of Mamaroneck, New York On motion of John Cuddy, seconded by Ira Block, the site plan amendment application of Bonnie Briar Country Club (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 4 to 0 with no abstentions. WHEREAS, the Applicant submitted an application to amend its site plan (the "Application") for its property at 808 Weaver Street Mamaroneck, NY and known on the Tax Assessment map of the Town of Mamaroneck as Section 2 Block 25, Lot 1.1 (the "Property"); and WHEREAS the Property is located in the "Recreation" zoning district; and WHEREAS, the Applicant proposes to build four platform tennis courts; and WHEREAS, the Applicant stated that illumination of a particular court, as well as the walkway and stairs leading to/from it, will be necessary only from shortly before it is to be in use to shortly after it ceases in be in use and, in any case, no longer than from dusk and 10:30 p.m., and that play on each court will cease no later than 10:00 p.m.; 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 and reports (hereinafter referred to as (the "Plans"): - Plan entitled "Proposed Platform Tennis Courts for the Bonnie Briar Country Club", prepared by Benedict A. Salanitro, P.E., P.C. dated 5/24/21 and last revised on 7.20.21; - Plans entitled: "New Aluminum Platform Tennis Court & Walkways for the Bonnie Briar Tennis Court", prepared by Crozier Gedney Architects, PC, dated 5/26/21; - Plans entitled "Title Sheet Project Info Site Layout" dated Mar 2021, Revision#2, dated 7.19.21; - Site Plan Information, relating to parking, dated 7.28.21; and WHEREAS, 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 Sec. 177- 5 of the Town Code; and WHEREAS, the Town Building Inspector, in a memorandum dated July 28, 2021, stated that the proposed site work is zoning compliant; 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 and issued a letter to the Planning 3 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 Planning Board held a duly noticed public hearing on the Application on August 4, 2021; 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, due to its location adjacent to a"Critical Environmental Area" as defined in Chapter 92 of the Town Code,the Board determined that the Proposed Action, which otherwise would have been an unlisted action under the New York State Environmental Quality Review Act ("SEQRA"), is a Type 1 action pursuant to the Environmental Quality Review regulations found in Chapter 92,Article 1 of the Town Code ("MEQR"); and WHEREAS, the Planning Board reviewed Part 1 of the Full Environmental Assessment Form submitted by the Applicant in support of the Application, sought comments from all interested agencies and, based upon such information, and in consultation with the Town Environmental Planner, completed Part 2 of the Full Environmental Assessment Form; and WHEREAS,the Applicant stated that one propane tank with capacity for not more than 1,000-gallons (rather than two such tanks, as originally proposed) is to be installed to provide fuel for heaters that are to be located under the courts, which heaters are to be used only to melt snow and ice from such of the courts as are expected to be used on the applicable day, as well as from the walkways and stairs leading to and from them. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non-significance (the "Negative Declaration") dated July 14, 2021, a copy of which will be kept on file with the Building Department. BE IT FURTHER 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, 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 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. 4 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 of Mamaroneck Building Inspector, the Town Engineer and the Town Environmental Planner or their designated representative(s). 7. Prior to the issuance of a letter of completion, the Applicant shall deliver to the Town Engineer, in a form and size acceptable to him, on paper and digitally, an as-built plan showing the entire Property, on which all improvements shall be shown and identified, and on which each golf course hole number shall be marked. 8. No letter of completion shall be issued until all of the required conditions of this approval have been met. 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 August 4, 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. Play on the courts shall not start before 8:00 a.m. nor end after 10:00 p.m. The Applicant shall check the courts and nearby parking area to make sure that play in fact ends no later than 10:00 pm and that all persons using the courts and all spectators, if any, have left the area behind the golf cart storage building by 10:30 pm. 13. Timers shall be installed and kept operational by the Applicant controlling all lighting installed in connection with this Application (other than to illuminate the path/road leading to/from the courts) to ensure that there is no illumination before dusk or after 10:30 p.m. Illumination shall be limited to the particular court(s), walkway(s) and stairs that are in use, except shortly before they are in use and shortly after being in use, but the parking area behind the golf cart storage building shall be illuminated from dusk until the earlier of 10:30 pm or one hour after the use of any court ends, whenever any one or more of the courts will be in use that day or has been in use that day. 14. The quantity of propane stored on the Property to fuel the heaters for the courts, walkways and stairs shall be no more than 1,000 gallons at any time. 5 15. To the satisfaction of the Town Engineer and prior to the issuance of any Town permits, dimensions for the proposed parking spaces must be clearly noted, and appropriate signage or other delineation of the handicapped/accessible spaces pursuant to the requirements of the Americans with Disabilities Act. 16. To the satisfaction of the Town Engineer and prior to the issuance of any Town permits, any proposed grading of the area below or around the courts including, but not limited to, rock cuts/removal/quantities, must be depicted on the plan; including the proposed court surface elevation. 17. To the satisfaction of the Town Engineer and prior to the issuance of any Town Permits, the existing and/or proposed surface treatment of the parking area must be noted on the plan. 18. To the satisfaction of the Town Engineer and prior to the issuance of any Town Permits, an updated legible photometrics plan must be submitted. This decision shall be filed with the Town Clerk. 2. 18 Gate House Lane—Residential Site Plan -Public Hearing Mark Mustacato, the applicant's architect, addressed the Board. Mr. Mustacato stated that the property is a vacant lot that abuts Saxon Woods Park. He further stated that trees will be removed for construction and that the portion of the neighbor's circular driveway which encroaches onto the applicant's property will be removed. Pictures were shown, as well as renderings and a landscape plan. Mr. Engel asked if the plans shown tonight are different from what was submitted on 7/23/2021 and Mr. Mustacato responded that these are the originals with responses to comments from last month's meeting. Mr. Engel stated that the Board has not seen the revised plans because they were only submitted digitally and not in compliance with Board procedures. The Board agreed to open a public hearing, but not to close it until the September meeting (at the earliest), and after the Board and its advisors have a chance to review the proposed final plans. Motion: To open the public hearing Moved by Ralph Engel seconded by Ira Block Action: Unanimously approved There were no questions or comments from members of the public. Eric Mandel, the applicant's attorney and brother-in-law, thanked the Board. The matter was adjourned, to September and the public hearing remains open. The Chairman requested that a draft resolution be prepared by counsel. 3. 57 Glen Road - JAF Builders Corp - Consideration—Adjourned 6 4. Trader Joes - 1262 Boston Post Road - Special Use Permit Renewal - Consideration Christi Tomm Addona, the applicant's attorney, and Shepard Lee, the general manager of the applicable location, were present. Ms. Addona stated that they were first before the Board in 1998 and most recently in 2019 at which time an amended site plan was also approved. A photo of the No Left Turn sign on the right at the end of the egress drive was entered into the record and marked Exhibit 1. Mr. Engel asked if arrangements could be made for the applicant's delivery trucks briefly to pull into the adjoining Larchmont Acres parking lot and then to back into the loading dock,because the method now in use backs up traffic in the parking lot. Ms. Addona responded that she would investigate this and report back next month. The missing No Left Turn sign across the Boston Post Road from the egress drive was discussed. Ms. Addona stated that the DOT has not given permission to place a sign on the opposite side of Boston Post Road. Mr. Wasp stated that she should speak to the landlord regarding the DOT sign and present documentation, including copies of all correspondence with the DOT, at the public hearing. Motion: To set the public hearing for September 8, 2021 Moved by Ira Block, seconded by Elizabeth Cooney Action; Unanimously Approved ADJOURNEMENT The meeting was adjourned at 8:35P.M. Prepared by Francine M. Brill Planning Board Secretary 7