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HomeMy WebLinkAbout2021_09_08 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD IN THE SENIOR CENTER OF THE TOWN OF MAMARONECK 1288 BOSTON POST ROAD, LARCHMONT, NEW YORK SEPTEMBER 8, 2021 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Ira Block, John Cuddy, Edmund Papazian, Sarah Dunn, Ron Mandel Also Present: Sabrina Fiddelman, Town Board Liaison, Meredith Robson, Town Administrator, Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning Board, Elizabeth Aitchison, Town Environmental Planner, Francine M. Brill, Secretary Absent: Anthony Oliveri, Town Consulting Engineer CALL TO ORDER The meeting was called to order at 7:31 P.M. Motion: To enter into executive session to discuss Pepe Porsche litigation with Town Attorney Moved by Ralph Engel, seconded by Elizabeth Cooney Action: Unanimously approved Motion: To leave executive session Moved by Elizabeth Cooney, seconded by Ralph Engel Action: Unanimously approved 1. 18 Gate House Lane -Residential Site Plan -Public Hearing Mark Mustacato, the applicant's architect, was present. The Board discussed the draft resolution, which included language to address the importation of fill material. There were no public questions or comments. Motion: To close the public hearing Moved by Edmund Papazian, seconded by John Cuddy Action: Unanimously approved Motion: To approve the Residential Site Plan Moved by Elizabeth Cooney, seconded by Ira Block Action: Approved Vote: Yes: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ira Block, John Cuddy, Sarah Dunn Abstain: Ron Mandel 1 RESOLUTION Residential Site Plan Approval 18 Gate House Lane Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Ira Block, the site plan application of Mr. and Mrs. Spinelli, (the "Applicant") was 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 1 abstention: WHEREAS, the Applicant has applied for residential site plan approval to develop a vacant lot with a new single-family house (the "Application") at property located at 18 Gate House Lane, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 3, Block 30, Lot 392 (the "Property"); and WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter 178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); and WHEREAS,the Applicant has provided all information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and WHEREAS, the Secretary of the Planning Board stated for the record that all required referrals were made in accordance with §178-9 of the Residential Site Plan Law and no comments were received; 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"): • Plans entitled: "Proposed Drainage and Erosion Control Plan", prepared by George Mottarella, dated or last revised on 6/20/2021; • Plans entitled: "Proposed Residence", prepared by RMG Associates, dated or last revised on 6/22/2021; • Plan entitled: "Planting Plan", prepared by Anthony Acocella, RLA • Tree Survey prepared by Richard A. Spinelli, L.S., dated or last revised on 6/7/2021; WHEREAS, the Town Building Inspector, in a memorandum dated July 2, 2021, stated that the proposed site work is zoning compliant; and WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Town's Coastal Zone Management Commission (the "CZMC") reviewed this matter at its meeting on July 26, 2 2021 and issued a letter to the Planning Board, dated July 29, 2021 (the "CZMC Letter"); and WHEREAS, the CZMC Letter stated that the Applicant's proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, after compliance with the notification procedures set forth in Chapter 144 of the Town Code, the Planning Board opened a duly noticed public hearing for this application on August 4, 2021, which was continued on September 8, 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, 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(22)of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS, the Board finds that the Application conforms to the standards established by §178- 12 of the Residential Site Plan Law. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application as reflected in the hereinabove specified 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 hereinabove referenced, as conditioned and/or modified in accordance with the direction of the Board, which modifications were agreed to by the Applicant. 2. The Applicant shall submit the final plans to the Town Building Inspector and the Town Engineer for review and approval prior to the granting of any building permits. 3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 4. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require any modification to the site plan approved by this resolution, a determination shall be made by the Town Engineer as to whether the modification is material and thus should be further considered by the Planning Board. 5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector and the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval prior to commencing site work. The Applicant shall notify the Town Building Inspector and Town Engineer at least 72 hours (not including weekends and holidays) in advance of any site 3 disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impacts. 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, the Town's Consulting Engineer, the Town's Environmental Planner and/or their designated representative(s). 7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan is delivered to the Town Building Inspector. 8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of the Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior HVAC equipment conforms with modern industry standards for sound emission and that best practices for sound mitigation have been implemented. 9. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion,the Applicant shall deliver to the Town Building Inspector an"as built" survey, including, but not limited to, all constructed site utilities and stormwater management structures. 10. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy or Certificate of Completion shall be issued until all of the required conditions of this approval have been met. 11. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successor or assignee in/of an ownership interest of the Property or any portion thereof. 12. All tree removal, protection and landscape plantings shall be in compliance with the approved Plans and Chapter 207 of the Town Code (Trees), to the satisfaction of the Town Environmental Planner. 13. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 14. In accordance with Section 178-14 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. 15. 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(s) at least ten (10) days before the mechanical rock removal is to commence. 4 16. With respect to the importation of fill material and land grading, at least seven (7) days prior to the importation of any such material the Applicant shall provide the Town Engineer with the source of all such material, to the satisfaction of the Town Engineer. (a) Prior to the issuance of a Certificate of Completion, the Applicant shall provide the Town Engineer with trucking manifests for all fill material imported to the site. (b) All imported fill material shall consist of natural rock or of clean soils meeting the soil constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10 technical memorandum. 57 Glenn Road—Residential Site Plan - Public Hearing Steve Anderson of Senor Engineering addressed the Board, stating that he supplied a rendering that the Board had requested and addressed comments related to engineering and landscaping. Mr. Cuddy asked why three trees are proposed to be removed, since the proposed driveway would not impact two of the trees. Mr. Anderson responded that he would check with the arborist. Mr. Engel stated that this will be referred to the Coastal Zone Management Commission (CZMC) and they are in favor of preserving trees. Mr. Wasp shared Mr. Oliveri's memo regarding concerns with the infill system and test pit requirements. Mr. Engel stated that the Board needs a coordinated site plan. Ms. Aitchison stated that the landscaping plan is out of character with the neighborhood and does not look natural. She requested that only native species be used. Erosion controls were discussed. Motion: To refer the matter to the CZMC and set a public hearing for the October meeting. Moved by Ron Mandel, seconded by Edmund Papazian Action: Unanimously approved 1262 Boston Post Road - Trader Joe's — Special Use Permit Renewal - Public Hearing Christie Addona, the applicant's attorney, and David Liebman, Trader Joe's regional representative, were present. Ms. Addona stated that they request renewal of their special use permit. She recalled that last month the Board asked about installation of the "No Left Turn" sign on the other side of Boston Post Road. She updated the Board that the installation of the sign was recently approved by the New York State Department of Transportation (DOT) and that the property owner, Brixmore, is to install the sign by November 1, 2021. She submitted a copy of the DOT permit, which was entered into the record and marked Exhibit 1. 5 Ms. Addona further stated that the other issue the Board raised was that Trader Joe's request the use of Larchmont Acres parking lot as a turn around. She explained that the lot is privately owned and cannot be used by Trader Joe's and pointed out that the Planning Board's prior resolution expressly prohibited the use of Larchmont Acres property as well as limited the delivery hours. She added that Trader Joe's had submitted a letter requesting permission to the Managing Agent of Larchmont Acres, but had received no response. Motion: To open the public hearing Moved by Edmund Papazian, seconded by John Cuddy Action: Unanimously approved There were no public questions or comments. Motion: To close the public hearing Moved by Ron Mandel, seconded by Ira Block Action: Unanimously approved The Board discussed the draft resolution. Motion: To approve the draft resolution to extend the special use permit Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION Special Use Permit Renewal Trader Joe's East, Inc. — 1262 Boston Post Road Town of Mamaroneck,New York On motion of Ira Block, seconded by Elizabeth Cooney, the special use permit renewal application of Trader Joe's East, 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, on April 8, 1998, the Applicant was awarded a special use permit for use of the premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Lot 192(the"Property")as a Trader Joe's supermarket in the B-R zoning district(the "Special Use Permit"); and WHEREAS, Section 240-30.C(3)of the Town Code lists supermarkets as a specially permitted use in the B-R zoning district; and WHEREAS, the Special Use Permit was lasted extended on October, 16, 2019 and expired on July 10, 2021; and 6 WHEREAS, Brixmor Property Group represented that it is the managing agent of the Property (the "Managing Agent") and, on behalf of CW Village Square LLC, the owner of the Village Square Shopping Center, consented to this application; and WHEREAS, all required referrals were made pursuant to Section 240-61.E of the Town Code; and WHEREAS, after publication of notice, the Planning Board held a public hearing for the Application on September 8, 2021; and WHEREAS, the Planning Board has considered the Application, the plans submitted by the Applicant, comments and responses to questions by the Applicant, any reports and comments of the Town staff and the Town's Consulting Engineer and heard any interested members of the public; and WHEREAS, the Application is Type II pursuant the Section 92-8(16) Town Code and thus 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,in accordance with Section 240-62 of the Town Code, this Board makes the following findings of fact, as limited by the conditions hereinafter set forth: A. That the proposed use, as so limited, 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. C. That the proposed special permit use, as so limited, 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 no existing violations of Chapter 240 of the Town Code on the Property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the Applicant for Renewal of its Special Use Permit for the continued use of the premises as a supermarket subject to the following terms and conditions: 1. The hours of operation shall not be in excess of 8:00 a.m. to 10:00 p.m. seven(7) days a week. 2. The Applicant shall be responsible for the proper maintenance of the garbage dumpsters 7 used in connection with its business operations and shall comply with any and all directives with respect thereto issued by the Town Building Inspector. 3. No vehicles operated by, for the benefit of or under the control of the Applicant shall enter or leave the premises by way of the Larchmont Acres parking lot or Burton Road. 4. Access to all exits from the store, including, without limitation, the rear emergency exits shall be totally unobstructed, inside and outside the building, at all times. 5. The pathway next to and behind the store, including the stairs leading from it, shall remain free and clear of all objects at all times, even temporarily, shall be totally unobstructed at all times, shall be kept free of snow and ice as if it were a sidewalk, and shall have nothing hanging from its railing. 6. This Special Use Permit Renewal shall expire on July 10, 2023. 7. This Special Use Permit Renewal is subject to the requirements set forth in Chapter 240, Article IX and the use restrictions set forth in Section 240-30 of the Town Code. 8. Deliveries by tractor-trailer trucks shall be permissible seven(7) days per week but shall be restricted to the following times: not more than once between the hours of 2:00 P.M. and 4:00 P.M. and not more than twice between the hours of 6:00 P.M. and 9:00 P.M. 9. The Property shall conform to the site plan drawing titled "Development Plan", prepared by JMC Planning Engineering, Landscape Architecture&Land Surveying, PLLC, dated August 7, 2019, and as revised in response to conditions of site plan approval resolution, dated October 16, 2019. 808 Weaver Street -Bonnie Briar Country Club - Site Plan/Wetlands & Watercourses - Consideration Benedict Salanitro, the applicants' engineer, addressed the Board to request an amended site plan and a wetlands and watercourses permit for sand capping the fairways on holes 14 and 16. He explained that after a rain event the fairway is wet,making play difficult. He further explained the process of sand capping, which involves stripping the existing vegetation and placing several inches of sand and replacing the sod. Mr. Salanitro stated that the club had damage due to the recent storm, closing six sand traps and is currently drying out. He further stated that the club is presently working with a wetland expert to expand the edge of the upper pond. The Board discussed the timeline for the project and Mr. Salanitro stated that they plan to start work when the course closes in December and expect to be finished by early April. Ms. Aitchison stated she would discuss the environmental implications of the project with Rob Dossier from the County. 8 Mr. Engel stated that Mr. Oliveri's memo raises a number of issues that need to be addressed and requested Mr. Wasp to forward the memo to the applicant. Mr. Salanitro asked that the public hearing be set for October, as it would be beneficial to get neighbors' comments sooner rather than later. Ms. Hochman stated the property is located within a critical environmental area and, therefore, it will be a Type 1 action. Motion: To schedule a public hearing for the October meeting Moved by Edmund Papazian, seconded by Ron Mandel Action: Unanimously approved Motion: To refer to the application to the Coastal Zone Management Commission Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously approved 808 Weaver Street -Bonnie Briar Country Club - AT&T Antenna array - Consideration Christopher Quinn, the applicant's attorney, stated that AT&T wishes to collocate its antenna array one spot below the Verizon array on the approved Homeland tower and install one cabinet and one generator. Ms. Hochman commented on the Federal Communications Commission's required time frame in light of the fact that the Planning Board meets only once a month. Mr. Quinn stated that he would work with the Town. Ms. Hochman noted that the application was received by the Building Department on August 26 and then immediately placed on the Planning Board's agenda, despite being received less than 14 days before the September 8th Planning Board meeting. Mr. Engel stated that the Board needs a full environmental assessment form(EAF) and would like to have an outside radio frequency (RF) consultant review the plan. Mr. Wasp requested a$3,500 escrow deposit for the Town's RF consultant. Mr. Quinn asked if he could use the same EAF as was submitted by Homeland Towers but Ms. Hochman and Ms. Aitchison stated that there needs to be a separate EAF for AT&T because it is a separate application. Ms. Hochman added that the work will be minimal because the applicant can use the Homeland Towers EAF as a starting point. Mr. Engel stated that the Board needs additional information and he further stated that the narrative and exhibit do not match. Ms. Aitchison asked the applicant to address visual impacts and Mr. Quinn responded that it is using the same tower and equipment as Verizon and only the mounts and antennas are a little different. Mr. Engel stated that AT&T's antennas (sleeves), mounts and other equipment on the 9 tower has to match the color of the branches on the tower, in the same manner as was required of Verizon. Mr. Quinn stated that the government awarded AT&T the First Net emergency system and that there are a few frequencies dedicated to first responders that the Town can opt into. Ms. Cooney asked about possible interference between the Verizon antennas and the AT&T antennnas. Mr. Quinn responded that they do not interfere with each other and that there are provisions to deal with any interference. The 1000-gallon propane tank was discussed. Mr. Mandel asked if the applicant will add more trees and Mr. Quinn stated that that was part of the previous approval. Mr. Block stated that Verizon was only applying for itself. Mr. Quinn responded that he will speak to his client about a contribution, as the $10,000 contribution to the Town's tree fund was for Homeland's tower and not by Verizon. Motion: To refer the matter to the Coastal Zone Management Commission Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously approved Motion: To set the public hearing for the October meeting Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved NEW BUSINESS Mr. Engel stated the Town Board has asked the Planning Board to review proposed changes to the Town's law dealing with replacing certain air conditioning systems. The Board discussed the proposed changes, requested more information from Mr. Polcari and requested an extension from the Town Board to reply. Ms. Hochman, however, was requested to prepare a memo to the Town Board reflecting comments made by Planning Board members. ADJOURNMENT The meeting was adjourned at 9:30 P.M. Minutes prepared by Francine M. Brill Planning Board Secretary 10