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HomeMy WebLinkAbout2023_06_14 Planning Board Minutes MINUTES \` Planning Board Meeting o o Wednesday,June 14th, 2023 rn Town of Mamaroneck Senior Center - 1288 W. Boston Post Road 7:30 PM FOUNDED 1661 PRESENT: Ralph Engel, Chair Elizabeth Cooney, Vice Chair Edmund Papazian, Board Member Ron Mandel, Board Member Ira Block, Board Member ABSENT: Sarah Dunn, Alternate Board Member STAFF Lisa Hochman, Counsel to the Planning Board PRESENT: Robin Nichinsky, Town Councilwoman Anthony Oliveri, Consulting Engineer Carol Murray,Assistant Civil Engineer Rob Wasp, Town Engineer Elizabeth Aitchison, Town Environmental Planner Francine Brill, Town Planning Board Secretary CALL TO ORDER The meeting was called to order at 7:34 P.M. and Mr. Engel welcomed everyone and announced that a quorum was present. MINUTES The Board discussed the draft minutes of April 10, 2023. Motion: To approve the draft minutes of April 10, 2023 as modified. Moved by Edmund Papazian, seconded by Elizabeth Cooney Action: Approved Unanimously The Board discussed the draft minutes of May 10, 2023. Motion: To approve the draft minutes of May 10, 2023 as presented. Moved by Elizabeth Cooney, seconded by Ron Mandel Planning Board June 14, 2023 Action: Approved Unanimously Application #1 -2423 Boston Post Road -Majestic Glass & Mirrors - Special Use Permit Extension Mr. Engel announced that the matter is adjourned because the application was not properly noticed. Application #2 - 1262 Boston Post Road - Trader Joe's East Inc. - Special Use Permit Extension Katherine Zalantas, Esq. and Brian Koscinski, Trader Joe's Manager, addressed the Board. Ms. Zalantas stated that there have been no changes to the business since the last extension of their special use permit Mr. Engel circulated a photo, which was entered into the record and marked Exhibit 1, showing a violation of a blocked egress exit. Ms. Zalantas and Ms. Murray confirmed that the violation has been corrected and Mr. Koscinski stated that they have reconfigured the interior and exterior so that the violation would not happen again. Motion: To open the public hearing Moved by Elizabeth Cooney, seconded by Ron Mandel Action: Unanimously approved There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Ira Block, seconded by Edmund Papazian Action: Unanimously approved Motion: To approve the draft resolution approving the special use permit extension Moved by Elizabeth Cooney, seconded by Edmund Papazian Action: Unanimously approved RESOLUTION Extension of Special Use Permit Trader Joe's East,Inc. 1262 Boston Post Road, Town of Mamaroneck,New York On motion of Elizabeth Cooney, seconded by Edmund Papazian, the special use permit extension application of Trader Joe's East, Inc. (the "Applicant") was APPROVED by the 2 Planning Board June 14, 2023 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 will expire on July 10, 2023; 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 June 14, 2023; 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; and WHEREAS, Section 240-64 of the Town Code states: "All special permits shall be issued for a period of no more than two years, and, upon the expiration of the two-year period, the applicant must apply for an extension of the special permit and demonstrate that there has been no change in circumstances in the area which would require the Planning Board to deny such extension" and WHEREAS, Section 240-62 of the Zoning Code of the Town of Mamaroneck provides that the Planning Board shall not grant a special permit unless it determines the standards stated therein have been met. 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. 3 Planning Board June 14, 2023 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. E. The Applicant has demonstrated that there has been no change in circumstances in the area which would require the Planning Board to deny extension of this special use permit. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the Applicant for Extension 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 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 Extension shall expire on July 10, 2025. 7. This Special Use Permit Extension 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. 4 Planning Board June 14, 2023 This Resolution shall be filed with the Town Clerk. Application #3 - 1262 Boston Post Road - MAGNOLIO dba Espresso Cafeto - Amendment to Special Use Permit The matter was adjourned because the applicant was not present. Application #4 -2 Madison Avenue- Madison Strength Lab LLC/Koryo —Residential Site Plan—Public Hearing—Adjourned The matter was adjourned because the applicant was not present. Application #5 - 29 Carriage House Lane - Damon Wright and Jennifer Wright - Residential Site Plan—Public Hearing The Wrights addressed the Board, stating that they received approval by the Town Zoning Board of Appeals for requested variances and met with the Coastal Zone Management Commission, which required adjusting the landscape plan. Ms. Murray stated that the engineering department received the updated plans. The Board discussed the proposal. Motion: To open the public hearing Moved by Elizabeth Cooney, seconded by Edmund Papazian Action: Unanimously approved There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Ron Mandel, seconded by Elizabeth Cooney Action: Unanimously approved Motion: To approve the draft resolution approving the residential site plan Moved by Elizabeth Cooney, seconded by Ron Mandel Action: Unanimously approved RESOLUTION Residential Site Plan Approval 29 Carriage House Lane, Town of Mamaroneck,New York 5 Planning Board June 14, 2023 On motion of Elizabeth Cooney, seconded by Ron Mandel, the site plan application of Damon and Jennifer Wright (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 no abstentions. WHEREAS, the Applicant has applied for residential site plan approval to construct a new single-family residence (the "Application") on property located at 29 Carriage House Lane, Town of Mamaroneck,New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 14, Lot 246 (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 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 the New York State General Municipal 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 submitted in connection with this Application (hereinafter referred to as the "Plans"): • Residential Site Plan prepared by Rene Robert Mueller Architect,PLLC and last dated April 26,2023. • Survey prepared by Richard A. Spinelli L.S. and last dated March 26, 2021. • Stormwater Pollution Prevention Plan, prepared by Hudson Engineering& Consulting, P.C. and last dated May 2, 2023. • Architectural Plans prepared by Rene Robert Mueller Architect, PLLC and last dated March 16, 2023. • Planting Plan Prepared for Jennifer Wright 29 Carriage House Ln Mamaroneck,NY, prepared by A2 Land Consulting, last revised on June 12, 2023. WHEREAS,the Town Building Inspector reviewed the Plans and issued a memorandum, dated June 9, 2023 (the "Zoning Compliance Memo"), which stated that although the proposed plans are not compliant with Chapter 240 of the Code of the Town of Mamaroneck for a property located in an R-6 district, the Town Zoning Board of Appeals (ZBA)issued the necessary variances on May 24, 2023 and the proposed plans are in compliance with the ZBA variances issued on May 24, 2023; 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 June 14, 2023; 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 May 22, 2023 and issued a letter to the Planning Board, dated May 24, 2023, stating that the Applicant's proposal is consistent with the policies of the Local Waterfront Revitalization Program (the"CZMC Letter"); and 6 Planning Board June 14, 2023 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 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 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 Engineer for approval at least seventy-two (72) hours (not including weekends and legal 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 legal 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 legal 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. 7 Planning Board June 14, 2023 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, 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. 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), to the satisfaction of the Town Environ-mental 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 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 or of clean soils meeting the soil constituent concentrations for"Unrestricted Use" as defined by the NYSDEC DER-10 technical memorandum. 17. With respect to the swimming pool: 8 Planning Board June 14, 2023 (a) Pool filters shall be cleaned and organic waste removed in a manner that avoids any contamination of the Property or any adjacent property including, without limitation, adjacent wetlands and watercourses. (b)All pool chemicals shall be stored in closed containers kept in an enclosed area at a height that exceeds the base flood elevation. (c)There shall be no discharge of water from a swimming pool on the Property other than into the sanitary sewer as shown on the approved drawings, or to an appropriate tank vessel for handling and disposal by a licensed waste hauler. This decision is hereby certified and shall be filed with the Town Clerk. Application #6 - 22 Vine Road - Vine Road Realty - Residential Site Plan — Public Hearing Eliot Senor, the applicant's engineer, addressed the Board. Motion: To open the public hearing Moved by Edmund Papazian, seconded by Elizabeth Cooney Action: Unanimously approved The Board discussed rock removal, landscaping and fencing. Public Comments: Wendy Raso, of 3 Vine Place, requested the wall be made of stone to keep in style with the surrounding neighborhood. Mr. Senor suggested "Ready Rock" as an alternative to the proposed"uni-block". Ms. Raso also requested that the oak tree be protected. Gary S., of 8 Vine Place, stated that he also would like a stone wall and also requested that the forsythia should not over grow the property line. Joyce Papazian, another neighbor, also requested a stone wall and asked about the height of the proposed plantings. Motion: To close the public hearing Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved Motion: To approve the draft resolution, as modified, approving the residential site plan Moved by Ron Mandel, seconded by Elizabeth Cooney Action: Unanimously approved 9 Planning Board June 14, 2023 RESOLUTION Residential Site Plan Approval 22 Vine Road, Town of Mamaroneck, New York On motion of Ron Mandel, seconded by Elizabeth Cooney, the site plan application of Vine Road Realty, LLC (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 no abstentions. WHEREAS, the Applicant has applied for residential site plan approval to construct a new single-family residence (the "Application") on property located at 22 Vine Road, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 7 Lot 302 (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 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 the New York State General Municipal 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 submitted in connection with this Application (hereinafter referred to as the "Plans"): • Residential Site Plan prepared by Gabriel E. Senor, P.0 and last dated May 23, 2023. • Survey prepared by Gabriel E. Senor, P.0 and last dated November 30, 2022. • Stormwater Pollution Prevention Plan, prepared by Gabriel E. Senor, P.C. and last dated May 23, 2023. • Architectural Plans prepared by Richau Mustacato Grippi Associates and last dated June 12, 2023. • Landscaping Plan prepared by Robert Sherwood Landscape Architect, LLC and last dated May 15, 2023. WHEREAS,the Town Building Inspector reviewed the Plans and issued a memorandum,dated June 9. 2023 (the "Zoning Compliance Memo"), which stated that proposed plans are compliant with chapter 240 of the Code of the Town of Mamaroneck for a property located in an R-6 district; 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 June 14, 2023; 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 May 22, 2023 and issued a 10 Planning Board June 14, 2023 letter to the Planning Board, dated May 24, 2023, stating that the Applicant's proposal is consistent with the policies of the Local Waterfront Revitalization Program (the"CZMC Letter"); 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 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 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 Engineer for approval at least seventy-two (72) hours (not including weekends and legal 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 legal 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 legal 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). 11 Planning Board June 14, 2023 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, 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. 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), to the satisfaction of the Town Environ-mental 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 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. (c) 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. (d) 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-l0 technical memorandum. 12 Planning Board June 14, 2023 This decision is hereby certified and shall be filed with the Town Clerk. Application #6 -Bonnie Briar Country Club - Site Plan Amendment - Public Hearing Continued Darius Chafizadeh, the applicant's attorney, stated that at this time, the applicant requests approval only for the improvements related to the paddle tennis courts. Ms. Hochman stated that no action can be taken until the environmental review process has concluded. Ms. Aitchison summarized and explained the basis for the draft negative declaration, which had been circulated and review by Board members. The Board discussed the draft negative declaration. Motion: To approve the draft resolution approving a determination of no significant environmental impacts (i.e., negative declaration) Moved by Edmund Papazian, seconded by Ira Block Action: Unanimously approved RESOLUTION Determination of Environmental Significance—Negative Declaration Bonnie Briar Country Club 808 Weaver Street, Town of Mamaroneck,New York On motion of Edmund Papazian, seconded by Ira Block, the determination of environmental significance of 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 5 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 Application contemplates the construction of a new pool facility, a paddle tennis warming hut, a golf/tennis performance center, and modifications of the driving range (the (Proposed Action"); and 13 Planning Board June 14, 2023 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. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES 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. This decision shall be filed with the Town Clerk. The Board discussed the plans for the paddle tennis court improvements. There were no questions or comments from members of the public. Motion: To approve the draft resolution for the paddle tennis court improvements Moved by Elizabeth Cooney, seconded by Edmund Papazian Action: Unanimously approved RESOLUTION Site Plan Amendment Bonnie Briar Country Club 808 Weaver Street, Town of Mamaroneck,New York On motion of Elizabeth Cooney, seconded by Edmund Papazian, 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 5 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 construct a new paddle tennis warming hut on the Property; and 14 Planning Board June 14, 2023 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, prepared by prepared by Catizone Engineering, P.C., dated May 26, 2023, containing sheets: o SD 100—Overall Site Plan o SD101 —Partial Survey o SD202—Grading& Schematic Utility Plan o SD203 —Limit of Disturbance Plan • Bonnie Briar Country Club Phase 1 —Paddle Hut,prepared by Catizone Engineering,P.C., dated May 26, 2023, containing sheets: o SD1.201 —Layout Plan o SD1202—Grading &Utility Plan o SD 1.203 —Erosion& Sediment Control Plan o SD 1.204A—Lighting Plan Existing Conditions o SD1.204B—Lighting Plan o SD 1.401 —Details o SD 1.402—Details • Bonnie Briar Country Club —Design Development- Architectural drawings prepared by Chambers, dated Jan 20, 2023 • Stormwater Pollution Prevention Plan "Bonnie Briar Site Plans", prepared by Catizone Engineering, P.C., dated May 31, 2023 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 June 9, 2023, 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 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 10th and June 14, 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 15 Planning Board June 14, 2023 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 Depai intent. BE IT FURTHER RESOLVED, that the Planning Board APPROVES the portion of 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 platform tennis building subject to the following terms and conditions: General conditions: 1. All site work shall be in accordance with the latest revised Plans relating to the platform tennis building, 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 portion of the 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 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). 16 Planning Board June 14, 2023 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 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,the Town Engineer, or another employee of the Town selected by the Town Engineer, in accordance with §177- 14 including the following statement"Approved by Resolution of the Planning Board dated June 14, 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. Specific Conditions: 11. 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. 12. 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- 00 1). 13. 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), relating to the platform tennis building and the area immediately surrounding it and to be modified in connection with the construction of, access to, and parking near the platform tennis building 14. Upon completion of site work relating to the platform tennis building 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). 17 Planning Board June 14, 2023 This decision shall be filed with the Town Clerk. The Board asked whether the applicant met with the concerned neighbors to discuss the other components of the applicant's proposal. Mr. Salanitro stated he met with the concerned neighbors, presented documents, walked the range area near their homes, and had renderings done from three different vantage points. Nets were discussed, Mr. Salanitro stated that he strongly believes that errant balls will be reduced by the implementation of the new driving range plan and that nets are not necessary. Members representing the applicant further stated that the applicant would reconsider use of nets upon request from neighbors. Mr. Papazian stated that the neighbors have testified that balls are landing on their properties and it has not been established which part of the course they are coming from. Public comments: Ami Ziff of 5 Cornell Street asked if a net would be required in the future and whether a variance would be required. Ms. Hochman stated that installing a net would likely require a variance from the Town's Zoning Board of Appeals as well as a site plan amendment and would also likely require the SEQRA process to be re-opened. The Board discussed the potential impact of golf balls landing on neighboring properties. Ms. Cooney said that neighbors have testified that golf balls are landing on their properties, even without this proposed change. Mr. Block stated that the neighbors knew about the risk of errant balls when they purchased their properties adjacent to a golf course. Mr. Salanitro said that he expects there will be fewer errant balls due to a new tracking system. Mr. Chafizadeh stated on behalf of the applicant that they waive any mandatory timeframes to complete the Planning Board's review of their application. The matter was adjourned. Application #8 - 110 Murray Avenue - Anthony Calogero & Siobhan Kranz - Consideration Stephen Moser, the applicant's architect, and the homeowner were present to address the Board. 18 Planning Board June 14, 2023 Mr. Moser stated he received Mr. Oliveri's memo and is working with Hudson Engineering to address the issues. He further stated that the application requires several variances to be granted by the Town's Zoning Board of Appeals. Mr. Engel stated that since zoning variances are necessary, the applicant should proceed to the Zoning Board for such variances and then return to the Planning Board once all necessary variances have been granted. At the applicant's request, Board members provided feedback on the proposed plans. NEW BUSINESS Mr. Engel stated that the Town Board has requested comments from the Planning Board on the Draft Comprehensive Plan. Ms. Hochman added that comments were requested by July 1, 2023. Board members discussed the Draft Comprehensive Plan. 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. ADJOURNMENT Motion: To adjourn the meeting at 10:21 P.M. Moved by Edmund Papazian, seconded by Ron Mandel Action: Unanimously approved Respectfully submitted, Carol Murray Assistant Civil Engineer 19