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HomeMy WebLinkAbout2022_10_12 Planning Board MinutesMINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD IN THE SENIOR CENTER ON OCTOBER 12, 2022 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ron Mandel, Ira Block, John Cuddy (Alternate) Also Present: Lisa Hochman, Counsel to Planning Board, Carol Murray, Assistant Civil Engineer, Anthony Oliveri, Town Consulting Engineer, Elizabeth Aitchison, Town Environmental Planner, Robin Nichinsky, Town Board Liaison, Francine M. Brill, Secretary Absent: Robert Wasp, Town Engineer, Sarah Dunn, Alternate CALL TO ORDER The meeting was a called to order at 7:32 P.M. Mr. Engel welcomed everyone. Ms. Hochman asked if all documents to be discussed this evening had been posted on the website for more than 24 hours, whether this meeting and all public hearings to be conducted tonight had been duly noticed and whether all required referrals were made. Ms. Brill answered yes to all. MINUTES Motion: To adopt the draft minutes of September 14, 2022, as modified Moved by Elizabeth Cooney, seconded by Edmund Papazian Action: Unanimously approved 18 Pryer Manor - Kevin Doherty — Subdivision — Consideration James Fleming, the applicant's architect, addressed the Planning Board. Mr. Oliveri's memo was discussed and the Planning Board agreed that the applicant is required to submit additional information before a public hearing can be scheduled. Easements were discussed. Premium River Road improvements were discussed, specifically, whether the road will be paved or remain gravel and its required width. The applicant was reminded that a zoning compliance letter is required. Ms. Aitchison explained that, because the property is adjacent to a "Critical Environmental Area," the application is categorized as Type 1 under the Mamaroneck Environmental Review Quality 1 Act and New York State Environmental Review Quality Act (SEQRA). Ms. Hochman then explained the SEQRA process and the Town's subdivision process. Motion: To declare the Planning Board as the SEQRA Lead Agency Moved by Elizabeth Cooney, seconded by Ron Mandel Action: Unanimously approved Ms. Hochman requested Town staff to send a lead agency notification letter to involved agencies: NYS Department of Environmental Conservation, Westchester County Department of Health and Westchester County Joint Water Works. 2444 Boston Post Road — Staples - Special Use Permit Extension - Public Hearing David Cooper, the applicant's attorney, appeared and addressed the Planning Board. He produced an affidavit and photo of the posted sign. He further stated that they have to appear in court next week because the applicant failed to timely secure the extension of its special use permit. Hours of operation were discussed. There was nobody in the audience present to speak on this matter. The public hearing was opened and closed, nunc pro tunc. Motion: To approve the draft resolution prepared by counsel, as modified Moved by Ron Mandel, seconded by Ira Block Action: Unanimously approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT Staples, Inc., 2444 Boston Post Road Town of Mamaroneck, New York On motion Ron Mandel, seconded by Ira Block, the application of Staples, Inc. (the "Applicant") to extend a special use permit 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 0 abstentions. WHEREAS, the Applicant is the lessee of retail space located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 137 (the "Property"); and WHEREAS, the Property is located within the SB-R District which allows retail stores as a special use pursuant to Section 240-31.B(1) of the Zoning Code of the Town of Mamaroneck (the "Town Code"); and 2 WHEREAS, the Applicant submitted an application to extend its special use permit for use of the Property as a store for the sale of goods at retail; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made pursuant to the New York State General Municipal Law and Section 240-61.E of the Town Code ; and WHEREAS, the Applicant's special use permit was last extended on October 16, 2019 with an expiration date of October 16, 2021; and WHEREAS, a duly noticed public hearing was held on October 12, 2022; and WHEREAS, the Planning Board has determined that no changes are necessary to the latest approved site plan on file; and WHEREAS, the Applicant has confirmed that there has been no change in the use of the store since the most recent special use permit relating to the store was extended; and WHEREAS, the Planning Board of the Town of Mamaroneck (the "Planning Board") has considered the application for a Special Use Permit Renewal and has reviewed the plans, the zoning report and the environmental analysis submitted by the Applicant, the reports and comments of the consulting engineer to the Town of Mamaroneck and comments made by any interested members of the public; and WHEREAS, the Planning Board has determined that the proposed action is a Type II action and that, therefore, no further action is required under the New York State Environmental Quality Review Act. NOW, THEREFORE, BE IT RESOLVED, that, in accordance with Section 240-62 of the Town Code, this Planning Board makes the following findings of fact, as limited by the conditions hereinafter set forth: A. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely 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. 3 D. Except with respect to the submission of this extension application, the property subject to this Special Permit has no existing violation of the Town of Mamaroneck Zoning Ordinance. E. The applicant has represented that there has been no change in circumstances in the area, which would require the Planning Board to deny this request. BE IT FURTHER RESOLVED, that this application is hereby APPROVED, subject to the following terms and conditions: 1. The hours of operation, including deliveries, shall not exceed 8:00 a.m. to 9:00 p.m. Monday through Sunday. 2. This permit will expire on October 16, 2023. 3. This permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Town Code. 4. The Property shall conform to the site plan on file with the Town Building Department. 5. In accordance with Section 240-61.F 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, within 30 days of the date hereof. This decision is hereby certified and shall be shall be filed with the Town Clerk. 2 Valley Road - Citi Park Service Station - Special Use Permit Extension - Public Hearing Mohamad Sukry addressed the Planning Board on behalf of the applicant. The Planning Board discussed how the property is used and the fact that it is located in the Service Business — Residential zoning district. There was nobody in the audience present to speak on this matter. The public hearing was opened and closed, non pro tunc. Motion: To approve the draft resolution prepared by counsel, as modified Moved by Ron Mandel, seconded by Ira Block Action: Unanimously approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT CitiPark Service Station 613 Fifth Avenue/2 Valley Place Town of Mamaroneck 4 On motion of Ron Mandel, seconded by Ira Block, the application to extend a special use permit by CitiPark Service Station (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolutions, which were adopted by a vote of 5 to 0 with no abstentions. WHEREAS, the Applicant submitted an application for the extension of a Special Use Permit on the premises located at 613 Fifth Avenue/2 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Lot 1 (the "Property") as a private auto garage; and WHEREAS, the Property is located in the Service Business (SBR) District which, as a specially permitted use, according to Section 240.31.B(2), allows "Gasoline filling stations and garages, including facilities for servicing and repair" and the Applicant stated that the actual use of the Property is as a private auto repair facility catering solely to vehicles owned by businesses; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made pursuant to the New York State General Municipal Law and Section 240-61.E of the Town Code ; and WHEREAS, the Town of Mamaroneck Planning Board (the "Planning Board") has determined that the proposed action is a Type II action and that, therefore, no further action is required under the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act; and WHEREAS, the Planning Board conducted a duly noticed Public Hearing on October 12, 2022; and WHEREAS, the Planning Board, has considered the application to extend the Applicant's Special Use Permit, the plans and zoning report, comments and responses to questions by the applicant, the reports and comments of the Building Inspector and Engineer to the Town and any comments by interested members of the public. NOW, THEREFORE, BE IT RESOLVED, that the Planning 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 shall not adversely 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. 5 D. The property subject to this Special Permit has no existing violation of the Town of Mamaroneck Zoning Ordinance. E. The applicant has represented that there has been no change in circumstances in the area, which would require the Planning Board to deny this request. BE IT FURTHER RESOLVED, that the Planning Board GRANTS this application to extend a special use permit subject to the following terms and conditions: 1. The hours of operation of the garage shall be no greater than 8:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 4:00 p.m. on Saturdays. 2. All petroleum waste shall be removed from the Property by a properly licensed disposer of such material. 3. The operation shall be limited to servicing vehicles. 4. There shall be no parking or storage of any vehicle on the four -foot wide area along the lengths of the Fifth Avenue boundary and of the Valley Place boundary of the Property. These areas shall promptly be re -striped in yellow, and the words "No Parking" shall be painted on both sides of the striped no parking areas. 5. There shall be no parking of any vehicle belonging to any employee or customer, nor of any vehicle being serviced, on any sidewalk, or elsewhere along Fifth Avenue where local law specifies no parking, whether or not a posted sign so specifies. 6. No car parts or metal shall be stored, even briefly, outside the building except in the properly enclosed refuse containers. 7. This Special Use Permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30B of the Zoning Code of the Town of Mamaroneck. 8. This extension of a special use permit shall expire on October 13, 2024. This decision hereby certified as true and correct shall be filed with the Town Clerk. 65 Myrtle Blvd. - Josh Freidfertig - Residential Site Plan — Public Hearing Eliot Senor, the applicant's engineer, addressed the Planning Board, explaining that the applicant proposes to remove the existing house and replace it with a zoning compliant house. Mr. Engel stated that the Coastal Zone Management Commission requested more plantings and Mr. Senor expressed no objection. The draft resolution was discussed and modifications were proposed. 6 Motion: To adopt the draft resolution prepared by counsel, as modified Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved RESOLUTION Residential Site Plan Approval 65 Myrtle Blvd Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Ira Block, the site plan application of Josh Freidfertig (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 has applied for residential site plan approval to construct a new single- family residence and a swimming pool (the "Application") on property located at 65 Myrtle Boulevard, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 24, Lot 590 (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 of the information required by the Residential Site Plan Law and the Application was deemed by the Planning Board to be complete; and WHEREAS, on October 12, 2022, 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 the New York State General Municipal Law and no comments were received; and WHEREAS, because the Property, although not a corner property, has frontage on two streets, the Property has two front yards; and WHEREAS, the Applicant was initially denied a building permit because the swimming pool in one of the two front yards of the Property is not permitted pursuant to Section 192-5(c) for a residence in an R-6 Zone District; and WHEREAS, on July 27, 2022, the Town Zoning Board of Appeals (the "ZBA") granted a variance to the Applicant to allow the pool to be in the front yard in accordance with submitted plans; 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 submitted in connection with this Application (hereinafter referred to as the "Plans"): • Proposed Residence for J.A.F. Builders Corp., 65 Myrtle Blvd, prepared by Richau Mustacato Grippi Associates and last dated July 14, 2022; 7 • Stormwater Pollution Prevention and Erosion Control Plan, prepared by Gabriel E. Senor, P.C., dated May 8, 2022 and last revised September 28, 2022; and • Planting Details & Schedule, prepared by Walter G. Nestler P.C., last dated August 13, 2022; and WHEREAS, the Plans submitted in connection with this Application are not the same as those submitted with the above -referenced ZBA application; and WHEREAS, the Town Building Inspector reviewed the Plans and issued a memorandum, dated September 13, 2022 (the "Zoning Compliance Memo"), which stated that he found that the Plans are compliant with the plans approved by the ZBA; and WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing for this Application on October 12, 2022; 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 September 19, 2022 and, despite the lack of a quorum being present, the CZMC Chair issued a letter to the Planning Board, dated October 4, 2022, stating that the Applicant's proposal is consistent with the policies of the Local Waterfront Revitalization Program (the "CZMC Letter"); and WHEREAS, the CZMC Letter recommended that more native plantings be included in the landscape design; and WHEREAS, Planning Board members expressed concern about potential impacts with respect to the swimming pool; and WHEREAS, Planning Board members expressed concern with respect to the fence above the rear retaining wall; 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 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 and considered any comments from interested members of the public; and WHEREAS, the Planning 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: 8 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 Planning 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 at least seventy- two (72) hours (not including weekends and holidays) prior to commencing site work. The Applicant shall notify the Town Building Inspector and Town Engineer at least seventy-two (72) hours (not including weekends and holidays) in advance of any site 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 site plan signed by the Town Engineer 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 and any generator conform to modern industry standards for sound emission, that the mechanical pool equipment is not audible from off the Property, 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 Department, in a form and size acceptable to the Town Engineer, on paper and digitally, an "as built" survey, signed and sealed by a New York State licensed surveyor, including, but not limited to, all constructed improvements, site utilities and stormwater management structures. 9 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 successors or assignees 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), including additional plantings, all 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 lot(s) at least ten (10) days before the mechanical rock removal commences. 16. With respect to the importation of fill material and land grading, if any, 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 Occupancy or 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 and/or of clean soils meeting the soil constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER- 10 technical memorandum. 17. Prior to the issuance of any Town permits, the Plans shall reflect the following notes with respect to the swimming pool: (a) Pool filters shall be cleaned and organic waste removed in a manner that avoids any contamination of the Property or any adjacent property; (b) All pool chemicals shall be stored in closed containers; and 10 (c) There shall be no discharge of water from the swimming pool on the Property other than into the sanitary sewer shown on the Plans, or to an appropriate tank vessel for handling and disposal by a licensed waste hauler. 18. Installed lights shall be full cutoff fixtures which are shielded and downcast to ensure that no lighting projects beyond the Property line. 19. The existing fence above the rear retaining wall, which is in poor condition, shall either be repaired or replaced with a substantially similar fence in the same or a substantially similar location, to the satisfaction of the Town Building Inspector. 20. Prior to issuance of a building permit, the Applicant shall submit a landscape plan in conformance with the CZMC's request for additional native plantings to be reviewed and approved by the Town Environmental Planner. 15 Holly Place - Dominick Marchese - Residential Site Plan - Consideration John Cuddy recused himself, explaining that he lives next door to the subject property. He stepped down from the dais and sat in the chairs reserved for members of the public while this matter was discussed. Frank Marsella, the applicant's architect, addressed the Board and explained the proposal to remove the existing house and detached garage and build a new single-family home. The lot is undersized in the R-10 zone. The Board and Mr. Marcella discussed the plans and whether there would be potential flooding in the garage. Mr. Engel gave Mr. Marsella the recent memo from Mr. Oliveri. John Cuddy, of 11 Holly Place, asked about the propane tank buried in front yard. Mr. Marsella responded that Con Ed will not upgrade the service and, therefore, they will need to have propane. Mr. Cuddy stated that Con Ed will be changing the line in the street and Mr. Marsella responded that he will look into whether that will permit the owner to upgrade the gas service to the Property. Mr. Engel stated that since there are several matters where additional information is necessary, a public hearing will not be scheduled for next month. Motion: To refer the matter to the Coastal Zone Management Commission Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved 87 Colonial Ave. - Stephen Marsh - Residential Site Plan — Consideration Stephen Marsh, the contract vendee, addressed the Board and explained the proposal to demolish the existing house and build a new single-family house. 11 Mr. Marsh further stated that his engineer, Benny Salanitro, prepared a storm water erosion plan with an infiltration system to treat water quality. Plans, elevations and design details were discussed. Parking of construction vehicles was discussed, and concerns were expressed given proximity of the property to Murray Avenue School. Landscaping and drainage were discussed. Motion: To refer the matter to the Coastal Zone Management Commission Moved by Edmund Papazian, seconded by Ira Block Action: Unanimously approved Motion: To schedule the public hearing for November 9, 2022 Moved by Edmund Papazian, seconded by Ira Block Action: Unanimously approved 4 Burton Road - Frank Marsella - Residential Site Plan — Consideration Frank Marsella, the owner and applicant, addressed the Board. He explained the history, existing conditions and proposal. There was discussion about proposed plans, construction staging, drainage and screening. Trees were discussed and Ms. Aitchison explained the process for removal of Town trees. Mr. Engel gave Mr. Oliveri's memo to Mr. Marsella. Mr. Oliveri stated that Palmer Avenue is a county road and feedback from the county may be required depending on how the driveway is to be configured. Motion: To refer the matter to the Coastal Zone Management Commission Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved Motion: To set the public hearing for November 9, 2022 Moved by Ron Mandel, seconded by Ira Block Action: Unanimously approved NEW BUSINESS The Board discussed proposed legislation to change Chapter 144 of the Town Code with respect to notifications and the required mailing radius. 12 Motion: To send a memo to the Town Board in favor of the proposed change to the mailing radius Moved by Edmund Papazian, seconded by Elizabeth Cooney Action: Unanimously approved Mr. Engel provided an update about the Comprehensive Plan. The Board discussed the proposed local law re wireless telecommunication facilities and the process for preparing the Planning Board's report and recommendations. ADJOURNED The meeting was adjourned at 10:10 P.M. Minutes prepared by Francine M. Brill Planning Board Secretary 13