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HomeMy WebLinkAbout2023_12_13 Planning Board Minutes O<< 47 114, MINUTES 10 Planning Board Meeting •- Z Wednesday, December 13,2023, Senior Center 1288 Boston Post Road,Larchmont, NY 10538 7:30 PM FOUNDED 1661 PRESENT Ralph Engel, Chair Elizabeth Cooney, Vice Chair Ira Block, Board Member Edmund Papazian, Board Member Ron Mandel, Board Member Sarah Dunn,Alternate Board Member STAFF PRESENT: Elizabeth Aitchison, Environmental Coordinator Carol Murray, Town Assistant Civil Engineer Jami Sheeky, Planning Board Secretary ALSO PRESENT: Lisa Hochman, Counsel to the Planning Board Robin Nichinsky, Councilperson and Town Board Liaison Anthony Oliveri, P.E., Consulting Engineer CALL TO ORDER The meeting was called to order at 7:33 P.M. and Mr. Engel welcomed everyone and announced that a quorum was present. Ms. Hochman asked if all documents to be discussed this evening had been posted on the website for more than 24 hours and 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 November 8, 2023, meeting. Ms. Hochman and Ms. Cooney discussed the resolution for 1262 Boston Post Road and added a condition to limit seating to 27. The Board also addressed typos. Motion: To add a condition to 1262 Boston Post Road restricting seating to 27 seats. Moved by Ira Block seconded by Ralph Engel Action: Approved Planning Board December 13, 2023 Abstained: Sarah Dunn Motion: To adopt the draft minutes of November 8, 2023, as corrected. Moved by Elizabeth Cooney seconded by Ira Block Action: Approved Unanimously Application #1 - 176 Myrtle Blvd- Gjoko & Lucy Shkreli - Site Plan —Continuation of Public Hearing Mr. Gjoko Shkreli, Mr. Nikko Shkreli, Mark Mustacato, the applicant's architect, and Donald Mazin, the applicant's attorney, were present to address the Board. Mr. Mazin stated that the parking agreement drafted by Counsel to the Planning Board was executed by both parties and submitted to the Planning Board. The Board discussed the parking agreement and proposed changes to the draft resolution to conform to the parking agreement. Motion: To close the public hearing Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Approved Unanimously Board members discussed the draft resolution prepared by its Counsel and proposed certain modifications. Motion: To approve the modified resolution approving the site plan Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Approved Unanimously RESOLUTION Site Plan 176 Myrtle Blvd, Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Edmund Papazian, the site plan application submitted by Gjoko & Lucy Shkreli (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 property is located at 176 Myrtle Blvd, Mamaroneck, NY and known on the Tax Assessment map of the Town of Mamaroneck as Section 1 Block 133 Lot 642 (the "Property"); and WHEREAS, the Applicant proposes to construct a second-floor residential addition, above existing commercial space (the "Application"); and 2 Planning Board December 13, 2023 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") • Plan set titled, "Proposed Addition& Alterations", Sheets A-1 through A-8, prepared by Richau Mustacato Grippi Associates, dated March 28th, 2022, and last revised October 18t', 2023. • Property Survey, prepared by TC Merritts Land Surveyors, dated August 14, 2023. • Landscape Concept Plan, prepared by Petrone Landscape Design, dated August 7t', 2023. WHEREAS, the applicant received from the Town of Mamaroneck Zoning Board of Appeals (the "ZBA") variances (the "ZBA Variances") granting relief from Town of Mamaroneck zoning requirements related to lot size, front yard setbacks, side yard setbacks,floor area and off-street parking; and WHEREAS, the Town Building Inspector, in a memorandum to the Planning Board dated October 30, 2023, stated that that the proposed plans comply with the ZBA Variances (the "Zoning Compliance Memo"; and WHEREAS, the Applicant provided all information required by Chapter 177 of the Town Code; and WHEREAS, the Planning Board Secretary stated that all required referrals were made in accordance with Section 177-11 of the Town Code; and WHEREAS, the Planning Board held a duly noticed public hearing for the Application on November 8 and December 13, 2023; and WHEREAS,the resolution approving the ZBA Variances stated,in pertinent part: "The Applicant(or its successor-in interest) shall secure and maintain agreements to ensure two (2) off-site nearby parking spaces"; and WHEREAS, the Applicant submitted a letter to the Town of Mamaroneck, dated August 26, 2023, signed by Michael A. Coughlin, President of Coughlin Condominium Associates, Inc ("Coughlin"), stating that Coughlin affirms that it has a long-term agreement with Gjoko Shkreli, whereby Coughlin has agreed to share with Gjoko Shkreli the enclosed sanitation area located between 176 and 178 Myrtle Boulevard (the "Sanitation Area Agreement"); and WHEREAS, the Applicant submitted to the Planning Board a fully executed and notarized agreement between Gjoko Shkreli and Coughlin, dated November 28, 2023, whereby Coughlin has agreed to provide two(2)parking spaces at 178 Myrtle Boulevard for the exclusive use of residents of the Property (the "Parking Agreement"); and WHEREAS, as evidenced in the Parking Agreement, attached hereto as Exhibit A, the Applicant has agreed that, in the event that the Parking Agreement is no longer in effect,the Applicant shall (i) secure and maintain 24/7/365 access to two (2) other off-site nearby parking spaces, for the exclusive use of 3 Planning Board December 13, 2023 residents of the Property, and(ii)within 90 days of securing said spaces, shall notify the Town Building Department of the location of such new parking spaces; and WHEREAS, the Planning Board has considered the Application, comments and responses to questions by the Applicant and its representatives,the ZBA Variances,the Zoning Compliance Memo,the Parking Agreement, the Sanitation Area Agreement, the reports and comments of the Town's Consulting Engineer, and heard comments from 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 Board finds that the Application conforms to the standards established by Sec. 177-5 of the Town Code. BE IT FURTHER RESOLVED, that the Planning Board APPROVES the Application 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 not-yet-issued 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. 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 Building Inspector, the Town Engineer and the Town Environmental Planner and/or their designated representative(s). 6. Prior to seeking a certificate of occupancy or a certificate of completion relating to the second floor of the premises, the Applicant shall deliver to the Town Building Inspector an "as built" survey of the entire Property, signed and sealed by a licensed surveyor. 7. No certificate of occupancy or certificate of completion shall be issued until all of the required conditions of this approval have been met. 4 Planning Board December 13, 2023 8. 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. 9. 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 December 13, 2023. 10. 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. Special Conditions: 11. In accordance with the Parking Agreement, the Applicant shall maintain access to two (2) off- street parking spaces at the adjacent Coughlin property, having an address of 178 Myrtle Boulevard, for the exclusive use of residents of the dwelling unit on the second floor of the Property. 12. In accordance with the Parking Agreement, in the event that such parking spaces are ever no longer available to the residents of such dwelling unit, the Applicant shall secure, and maintain, access to two (2) other nearby 24/7/365 parking spaces, for the exclusive use by residents of the dwelling unit on the second floor of the Property. 13. If the two (2) off-street parking spaces are no longer available to said residents, the Applicant shall,within ninety (90) days,in writing, notify the Town of Mamaroneck Building Department as to the location of same, and whenever that location changes, shall, within ninety (90) days, in writing, notify the Town of Mamaroneck Building Department of the new location. 14. The Sanitation Area Agreement shall be maintained in full force and effect. This decision is hereby certified and shall be filed with the Town Clerk. EXHIBIT A—PDF of agreement to be embedded in final version of the minutes. Application #2 - 7 Madison Avenue - 7 Madison Ave Inc. - New Special Use Permit—Public Hearing Motion: To open the public hearing Moved by Sarah Dunn seconded by Ira Block Action: Approved Unanimously Thomas Tone, property owner, Ali Alzendani and Amad Zandani of 7 Madison Ave. Inc. were present to address the Board. Mr. Torre stated that the application was to convert the property to a 5 Planning Board December 13, 2023 deli with no proposed changes to the site plan. Mr. Engel asked for the proposed hours of operation. Ms. Murray requested a condition be added to the resolution that exterior signage not be illuminated beyond operating hours. There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Approved Unanimously Board members discussed the draft resolution prepared by counsel. Motion: To approve the resolution approving new special use permit Moved by Ron Mandel seconded by Ira Block Action: Approved Unanimously RESOLUTION SPECIAL USE PERMIT 7 Madison Ave Inc. 7 Madison Avenue, Town of Mamaroneck,New York On motion of Ron Mandel, seconded by Ira Block, the application of 7 Madison Ave Inc. (the "Applicant") for 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 no abstentions: WHEREAS, the Applicant wishes to be the operator of a delicatessen located at 7 Madison Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 132, Lot 463 (the "Property"); and WHEREAS, the Property is located within the B-R Zone District; and WHEREAS, the Applicant submitted an application for a Special Use Permit for use of the Property as a delicatessen (the "Application"); and WHEREAS, Section 240-30.0 (2) of the Code of the Town on Mamaroneck ("Town Code") allows delicatessens as a specially permitted use; and WHEREAS, the Planning Board Secretary 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, a duly noticed public hearing was conducted on December 13, 2023; and 6 Planning Board December 13, 2023 WHEREAS, the Building Inspector and the Town Engineer issued a memo to the Planning Board, dated November 14, 2023 (the "Building Inspector—Town Engineer Memo"), which stated that the proposed delicatessen will not substantially intensify the use of the Property due to traffic flow, pedestrian movement, parking needs, noise, glare, and the like and, therefore, a site plan or amendment to a site plan will not be required per Section 177-7.0 of the Town Code; and WHEREAS, the Planning Board has considered the application the special use permit, the plans and/or documents submitted by the applicant, the Building Inspector— Town Engineer Memo, comments and responses to questions by the Applicant, the reports and comments of Town of Mamaroneck staff and consultants and heard any interested members of the public; and WHEREAS, the Planning Board has determined that the proposed action is a Type II action pursuant to the New York State Environmental Quality Review Act and its implementing regulations, and that, therefore, no further action is required under the New York State Environmental Quality Review Act nor the Mamaroneck Environmental Quality Review Act, Chapter 92 of the Town Code. NOW, THEREFORE, BE IT RESOLVED, that, in accordance with Section 240-62 of the Town Code, the 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; and D. That there are no existing violations of Chapter 240 of the Town Code on the property which is the subject of the application. BE IT FURTHER RESOLVED,that this application is hereby APPROVED, subject to the following terms and conditions: 1. The hours of operation shall be no more than seven days per week, 6:00 a.m. to 12:00 a.m., in accordance with applicable Town Code regulations. 2. Exterior signage, if any, may be illuminated only during hours of operation. 3. This permit will expire on December 13, 2025. 7 Planning Board December 13, 2023 4. This permit is subject to the termination requirements set forth in Sections 240-64 and 240-65 of the Town Code. 5. The Property shall conform to the most recent site layout plan on file with the Town Building Department. 6. 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 resolution is hereby certified and shall be filed with the Town Clerk. Application #3 —7 Split Tree - SAML LLC -Residential Site Plan,Wetlands & Watercourses Permit—Public Hearing Motion: To open the public hearing Moved by Ira Block seconded by Ron Mandel Action: Approved Unanimously Steve Marsh, the property owner, and Benedict Salanitro, the applicant's engineer, were present to address the Board. Mr. Marsh and Mr. Salanitro presented plans for new construction of a single- family home and work within 100 feet of a wetlands buffer. Mr. Salanitro said that the application went before the CZMC and new plans were drawn reflecting their feedback. Ms. Aitchison requested an updated version of the landscape plan. There were no questions or comments from members of the public. The public hearing remains open. Counsel was requested to prepare a draft resolution for the next meeting. Application #4 -2399 Boston Post Road -2399 Boston Post Road Rlty Co. - Site Plan, Wetlands &Watercourses Permit, Special Use Permit—Consideration Annie Kline, the applicant's counsel, Richard Hein, the applicant's architect, Brian Dempsey, DTS Provident, Jeri Barrett, R.L.A., and Greg Katsaros were present to address the Board. Ms. Kline presented plans for two (2)residential buildings with a total of thirty-six (36) units and fifty-one (51)parking spaces. Ms. Kline turned the discussion over to Mr. Hein and Mr. Barrett who presented the building and landscape plans. The Board and representatives of the applicant discussed the plans. 8 Planning Board December 13, 2023 Mr. Dempsey presented a traffic study and the Chairman stated we would refer to the Traffic Committee. He also stated that this application would be referred to BAR and CZMC. Ms. Hochman stated the application is Type 1 and suggested a motion to be the lead agency for the New York State Environmental Quality Review process (SEQRA). Motion: To direct staff to send a notice of intent to be lead agency for the SEQRA process Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Approved Unanimously OTHER BUSINESS Board members discussed the Town Tree Law. Motion: To adjourn the meeting at 9:59 P.M. Moved by Ira Block seconded by Elizabeth Cooney Action: Approved Unanimously Minutes prepared by Jami Sheeky Planning Board Secretary 9