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HomeMy WebLinkAbout2023_10_11 Planning Board Minutes 0 47 MINUTES Planning Board Meeting n Wednesday, October 11, 2023 Senior Center - 1288 Boston Post Road, Larchmont, NY 10538 7:30 PM FOUNDED 1661 PRESENT: Ralph Engel, Chair Ira Block,Board Member Edmund Papazian,Board Member Sarah Dunn,Alternate Board Member ABSENT: Elizabeth Cooney,Vice Chair Ron Mandel,Board Member STAFF PRESENT: Lisa Hochman, Counsel to the Planning Board Elizabeth Aitchison, Town Environmental Planner Carol Murray, Town Assistant Civil Engineer Anthony Oliveri, Consulting Engineer Jami Sheeky,Planning Board Secretary Shaun Hughes, Interim Town Planning Board Secretary CALL TO ORDER The meeting was called to order at 7:30 P.M. Mr. Engel welcomed everyone and announced that a quorum was present. Mr. Engel further stated that there were only four Board members present, so that three affirmative votes would be necessary to approve any item. He offered the applicants who were present for public hearings the option to postpone their hearings due to the 3 out of 4 required vote, but none wanted to postpone. Ms. Hochman asked if all documents to be discussed at this evening's meeting 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. Sheeky answered yes to all. MINUTES The Board discussed the draft minutes of the September 12, 2023 meeting. Mr. Engel requested the correction of a typo. Motion: To adopt the draft minutes of September 12, 2023, as amended. Moved by Ira Block seconded by Sarah Dunn Action: Approved Unanimously Application #1 - 626 Fifth Avenue-McGuire's Service Corp - Special Use Permit Extension -Public Hearing Adjourned to November 8th meeting—per request of the applicant due to illness. Application #2 - 1262 Boston Post Road -Magnolio dba Espresso Cafeto -Amendment & Extension to Special Use Permit—Consideration Valentina Soto Pinto, owner of Espresso Cafeto, was present to address the board. She explained that she is requesting to add additional seating to the café to accommodate growing business. Because a bench outside the store was requested, Mr. Engel directed the owner to check with the Building Depaitment for walkway clearance before the bench was installed. Motion: To schedule the public hearing for November 8, 2023 Moved by Edmund Papazian seconded by Sarah Dunn Action: Approved Unanimously There were no questions or comments from members of the public. Counsel was requested to prepare a draft resolution for the next meeting. Application #3 - 808 Weaver Street- Bonnie Briar Country Club - Site Plan Amendment - Continuation of Public Hearing The public hearing was still open. Mat Dudley, the applicant's attorney, Joe Napolitano, the club's General Manager, and Benedict Salanitro, the applicant's engineer were present to address the Board. Mr. Salanitro presented phase 4 of the project, which was the replacement of the current pool with a new pool. He stated that the plan is for this project to start at the end of 2024 pool season. Mr. Engel asked if there were any changes to the previously submitted plans, and Mr. Salanitro stated no. There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Edmund Papazian, seconded by Ira Block Action: Unanimously approved 2 Board members discussed the draft resolution prepared by counsel. Motion: To approve the draft resolution approving this phase of the revised site plan Moved by Ira Block seconded by Sarah Dunne Action: Unanimously approved RESOLUTION Site Plan Amendment Bonnie Briar Country Club 808 Weaver Street,Town of Mamaroneck,New York On motion of Ira Block, seconded by Sarah Dunn,the portion of the site plan amendment application of Bonnie Briar Country Club (the "Applicant") applicable to the proposed new, replacement swimming pool 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 install a new swimming pool to replace the existing swimming pool on the Property, at the same location as the existing swimming pool on the Property; 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"): • Bonnie Briar Country Club Phase 4—Pool,prepared by Catizone Engineering,P.C.,dated August 30, 2023, containing sheets: o SD-4.202 - Grading &Utility Plan o SD-4.203 - Erosion & Sediment Control Plan o SD-4.301 - Drainage and Sewer Profiles o SD-4.302 - Drainage Profiles o SD-4.401 - Details o SD-4.411 - Details • Pool Replacement, prepared by Aquatectonic, Lothrop Associates Architects D.P.C, dated August 29, 2023, containing sheets: o SD 100 - Site Layout Plan o DM-001 - Site Demolition Plan-Pool o SD-110 - Site Lighting Plan-Pool o SD-120 - Site Landscaping Plan—Pool o SD-300 - Section WHEREAS, Carol Murray, the Town Assistant Civil Engineer, confirmed that the Applicant provided 3 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 Town Building Inspector,in a memorandum dated July 7,2023,stated that the proposed work is zoning compliant; and WHEREAS, Carol Murray, the Town Assistant Civil Engineer, confirmed 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 Town's Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on April 24, 2023 and issued a letter to the Planning Board,dated May 1,2023 (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 opened a duly noticed public hearing on the Application on April 12, 2023, which was continued on May 10, June 14, July 12, August 9, September 13 and October 11, 2023; 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 any 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 application, 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 ("EAF") 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 EAF; and WHEREAS, the Planning Board reviewed a draft of Part 3 of the Full EAF, prepared by Town's Environmental Planner, which proposes a determination of non-significance, also known as a negative declaration; and WHEREAS,that the Planning Board approved the authorization of a determination of non-significance (the"Negative Declaration") dated June 14, 2023, a copy of which will be kept on file with the Building Department. NOW, THEREFOR, 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, only to the extent related to the new, replacement swimming pool, subject to the following terms and conditions: 4 General conditions: 1. All site work shall be in accordance with the latest revised Plans relating to the new,replacement swimming pool, 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 not-yet-issued Town permits. 3. In the event that subsequent events may require any modification to the portion of the amended site plan that is 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. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any not-yet-issued Town permits. 5. 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). 6. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 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 (including, but not limited to, the new, replacement swimming pool) shall be shown and identified. 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, the Town Engineer, or another employee of the Town selected by the Town Engineer, in accordance with Section 177-14 of the Town Code, including the following statement "Approved by Resolution of the Planning Board dated October 11, 2023." 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. 5 Specific Conditions: 1. All plantings done in connection with the Application shall be approved by the Town's Environmental Planner prior to the issuance of a letter of completion. 2. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer,the Applicant shall provide documentation confirming that it has obtained permit coverage under the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity (Permit# GP-0- 20-001). 3. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer in consultation with the Town's Consulting Engineer, the Applicant shall provide a finalized Stormwater Pollution Prevention Plan(SWPPP)in accordance with the requirements of the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity (Permit# GP-0-20-001). 4. Upon completion of all site work relating to the new, replacement swimming pool, and establishment of final stabilization of the area around it, and prior to the issuance of a certificate of completion relating thereto,the Applicant shall provide documentation of having filed a Notice of Termination for project coverage under NYSDEC SPDES General Permit(Permit# GP-0-20- 001). This decision is hereby certified and shall be filed with the Town Clerk. Application #4 - 54 Deane Place-Joanne Grossman -Wetlands &Watercourses Permit- Public Hearing Joanne Grossman, the owner, and Nicholas Shirriah, from Hudson Engineering, were present to address the Board. Mr. Shirriah presented a plan that referenced the previous disturbance and proposed replace- ment seeding and addressed the mitigation required by the Town. Mr. Engel referenced a memo sent to Ms. Grossman on October 3, 2023, from Ms. Aitchison outlining concerns to be discussed at the meeting, including a previously issued Notice of Violation and stop work order. Ms. Murray stated that the stop work order has not been lifted. Mr. Engel asked if, due to that situation, a vote could be taken to approve this application, to which Ms. Hochman responded that it could not. Ms. Grossman referenced a phone call that she received from Robert Wasp,the Town Engineer, telling her to cease mowing Town property and what he recommended for replacement seed. Ms. Grossman also stated that she never received a notice of violation. Mr. Block asked Ms. Grossman if she received the stop work order, to which she replied yes, and Mr. Block then read aloud the notice of violation that was included in the stop work order. 6 There was discussion about continued mowing of Town property and installing a fence to prevent the owner from continuing to trespass on to Town property. The application was referred to the Coastal Zone Management Commission. Motion: To open the public hearing Moved by Edmund Papazian seconded by Sarah Dunn Action: Approved 3 in favor, with Board Member Block opposed There were no questions or comments from members of the public. The public hearing remains open. 176 Myrtle Avenue- Gjoko & Lucy Shkreli - Site Plan - Consideration Mark Mustacato, the applicant's architect, Donald Mazin, the applicant's attorney, and Mr. Shkreli were present to address the Board. Mr. Mazin stated that two offsite parking spaces could be secured through Coughlin or the Town Clerk in Parking Lot C. The resolution approved by the Zoning Board of Appeals was discussed. Conditions to secure parking were proposed and discussed. Mr. Engel stated that the applicant shall be required to obtain and retain access to two off-street parking spaces, which shall be a condition of approval. Mr. Engel addressed the question of an enforceable agreement with the adjoining property owner as to the shared location of garbage containers relating to the Applicant's (and the adjoining property owner's) property, and Mr. Block suggested including that as a condition as well. Mr. Engel requested that the HVAC system for the apartment be added to the plans (the pull-down stairs to the non-existent attic are to be removed), and said that the proposed final plans must be received by the Building Department at least 14 days prior to the November 8th meeting. Motion: To schedule the public hearing for November 8, 2023 Moved by Edmund Papazian seconded by Sarah Dunn Action: Approved Unanimously 7 110 Murray Avenue -Anthony Calogero & Siobhan Kranz - Residential Site Plan - Public Hearing Anthony Calogero & Siobhan Kranz,the owners of the property at 110 Murray Avenue (who do not presently reside there, Stephen Moser, the applicant's architect, and Nick Shirriah, the applicant's engineer, were present to address the Board. Mr. Engel stated that the application is incomplete and missing the required landscaping plan. He also asked which of the three sets of plans that had been submitted to the Building Department or directly to the Board, which plans bore varying dates, was the accurate set. Mr. Moser responded that they appeared before the Zoning Board at its September 27th meeting and that Hudson Engineering updated the prior plans for that meeting. Ms. Kranz stated that there had been no changes to the plans that had been submitted for the September 13th Board meeting, to which Mr. Engel responded that the required landscaping plan was not included at that time either. Mr. Engel requested the submission to the Building Department of the required number of complete, updated submission packets, including all items on the Planning Board checklist, at least 14 days prior to the November 8th meeting, so that the noticed public hearing would be able to continue. Motion: To open the public hearing Moved by Edmund Papazian seconded by Sarah Dunn Action: Approved Unanimously There were no questions or comments from members of the public. The public hearing remains open. OTHER BUSINESS Proposed revisions to Chapter 177 (Site Plan Review) of the Code of the Town of Mamaroneck. Board members briefly discussed proposed revisions to Chapter 177 of the Town Code (Site Plan Review) prepared by the Town Attorney, William Maker, with input from Ms. Hochman, Mr. Wasp and Mr. Engel. Ms. Hochman will request a summary of changes for further discussion by the Board at its November meeting. Proposed New Town Tree Law Board members discussed the proposed new Town Tree Law. Ms. Hochman stated that she would circulate an email capturing the Board members' comments and, if Board members reply that such email accurately reflects the views they expressed, she would forward such comments to the Town Board on behalf of the Planning Board. 8 Motion: To adjourn the meeting at 10:25 P.M. Moved by Ira Block seconded by Sarah Dunn Action: Approved Unanimously Minutes prepared by Jami Sheeky Planning Board Secretary 9