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HomeMy WebLinkAbout2023_07_12 Planning Board Minutes MINUTES Planning Board Meeting Wednesday, July 12th, 2023, 7:30 PM in Town of Mamaroneck Town Center Conference Room C 740 W. Boston Post Road 7:30 PM PRESENT: Ralph Engel, Chair Elizabeth Cooney, Vice Chair Ira Block, Planning Board Member Sarah Dunn, Alternate Planning Board Member ABSENT: Edmund Papazian, Planning Board Member Ron Mandel, Planning Board Member STAFF Lisa Hochman, Counsel to the Planning Board PRESENT: Robin Nichinsky, Town Councilwoman Anthony Oliveri, Consulting Engineer Carol Murray,Assistant Civil Engineer Elizabeth Aitchison, Town Environmental Planner Shaun Hughes, Interim Town Planning Board Secretary 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. Mr. Engel further stated that there were only 4 Board members present, and three affirmative votes are necessary to approve any item. Carol Murray stated that all documents to be discussed at this meeting had been posted to the website at least twenty-four hours prior and all applications on for public hearings have been duly noticed, with signs properly posted. MINUTES The Board discussed the draft minutes of June 14th, 2023. Motion: To approve the draft minutes of June 14th, 2023, as amended. Moved by Ira Block, seconded by Elizabeth Cooney Action: Approved Unanimously Planning Board July 12, 2023 Application #1 -2 Madison Avenue- Madison Strength Lab LLC/Koryo (M. Farooq Kathwari/Clock Tower Larchmont Corp.) — Site Plan—Public Hearing Farooq Kathwari, owner of the property, and Douglas Diefenbach, were present to address the Board. Mr. Kathwari presented a revised site plan that addresses parking questions previously raised by the board. Board members discussed the application and changes to the site plan. Motion: To open the public hearing Moved by Elizabeth Cooney, seconded by Sarah Dunn Action: Unanimously approved There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Elizabeth Cooney, seconded by Sarah Dunn Action: Unanimously approved Board members discussed the draft resolution prepared by counsel. Motion: To approve the draft resolution approving the site plan Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved RESOLUTION Site Plan 2 Madison Avenue, Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Ira Block, the application submitted by M. Farooq Kathwari/ Clock Tower Larchmont Corp. (the "Applicant") to amend the site plan 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 property is located at 2 Madison Avenue, Mamaroneck, NY and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 33, Lot 602 (the "Property"); and WHEREAS, the Applicant proposes to change two current tenant uses and reconfigure the parking for the building (the"Application"); and 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") • Architectural Drawings: "Commercial Tenant Interior Renovation - Madison Avenue Strength Gym" 2 Planning Board July 12, 2023 prepared by Yestadt Architecture& Design, dated November 14, 2022, last revised December 7th, 2022; • Site Plan: "Commercial Tenant Interior Renovation - Madison Avenue Strength Gym" Sheet A-1, prepared by Yestadt Architecture& Design, dated November 14, 2022, last revised June 5th, 2023; • "Parking Allocation Plan - 2 Madison Avenue" Sheet SP-1 dated June 15, 2023 WHEREAS, the Town Building Inspector, in a memorandum dated June 9, 2023, stated that the applicant received a zoning variance (the "ZBA Variance") for parking count from the Town of Mamaroneck Zoning Board of Appeals (the"ZBA") and that the proposed plans comply with the ZBA Variance; and WHEREAS, the Applicant provided all information required by Chapter 177 of the Town Code; and WHEREAS, the Assistant Civil Engineer stated that all required referrals were made in accordance with Section 177-11 of the Town Code; and WHEREAS, the Applicant submitted a revised parking plan, dated "6.5.23.23" (the "Revised Parking Plan"), and a letter, dated June 16,2023 (the"Applicant's Letter"), showing and stating that"6 [specified parking spaces in the Applicant's parking lot across Madison Avenue from 2 Madison Avenue] are to be dedicated to 'Pick up, Drop off' for Koryo students, 10 will go to the Strength Lab (Mason Fitness), so there will be 13 parking spaces remaining available for vacant space in the building"; and WHEREAS,the Planning Board held a duly noticed public hearing for the Application on July 12, 2023; and WHEREAS, the Planning Board has considered the Application, comments and responses to questions by the Applicant and its representatives, the, the ZBA Variance, the Revised Parking Plan, the Applicant's Letter, 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 Planning 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 an amendment to the site plan 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 Planning Board July 12, 2023 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 Town not-yet-issued 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 or their designated representative(s). 6. Within ninety (90) days from the date hereof, the Applicant shall deliver to the Town Building Inspector an "as built" survey of the entire Property, including, but not limited to, the parking lot across Madison Avenue from 2 Madison Avenue. 7. No certificate of completion shall be issued until all of the required conditions of this approval have been met. 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 Interim Town Planning Board Secretary in accordance with §177-14, including the following statement"Approved by Resolution of the Planning Board dated July 12, 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 not-yet-issued Town permits. Specific Conditions: A. The parking spaces allocations as to Koryo shall remain in effect as long as Koryo or its successor(s) are tenants at the Property, and the spaces allocations to Mason Fitness shall remain in effect as long as Mason Fitness or its successor(s) are tenants of the Property; and B. Prior to the issuance of a certificate of occupancy or of a certificate of completion, the Applicant shall legibly repaint the directional arrows in the parking lot, shall add a professional sign, clearly visible from Madison, as determined by the Town Engineer, at the exit from the parking lot, reading "Private Parking - Exit Only", and shall add a sign, approved by the Town Engineer, just below the Exit sign, reading "Entrance on Byron Place", with an arrow pointing toward Byron Place below it. This resolution is hereby certified as true and correct and shall be filed with the Town Clerk. 4 Planning Board July 12, 2023 Application #2 - 2423 Boston Post Road - Majestic Glass & Mirrors - Special Use Permit Extension - Public Hearing Henry Morocho, owner of Majestic Glass and Mirrors, addressed the Board and stated that they resolved all open issues with the Building DepaiUnent. Ms. Murray confirmed that Majestic had passed the required fire inspection. Ms. Cooney asked if the hours in the existing special use permit still apply and Mr. Morocho answered yes. Motion: To open the public hearing Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved 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: Unanimously approved Motion: To approve the draft resolution approving the special use permit extension to 10/10/24 Moved by Elizabeth Cooney, seconded by Sarah Dunn Action: Unanimously approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT MAJESTIC GLASS AND MIRRORS LLC 2423 East Boston Post Road, Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Sarah Dunn, the application to extend the special use permit of Majestic Glass and Mirrors LLC (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 4 to 0, with no abstentions. WHEREAS, Majestic Glass and Mirrors LLC (the "Applicant"), submitted an application to extend the previously issued special use permit for use of the premises at 2423 East Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Lot 463,as an establishment to modify and sell glass and mirrors; and WHEREAS, Section 240-30.B of the Code of the Town of Mamaroneck (the "Town Code") lists stores for the sale of goods as a special permit use; and 5 Planning Board July 12, 2023 WHEREAS,the Planning Board has determined that the proposed action is a Type II action having no significant adverse impact on the environment 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 Applicant's prior special use permit extension expired on October 10, 2022; and WHEREAS,the Planning Board held a duly noticed Public Hearing as to the application on July 14, 2023; and WHEREAS, all required referrals were made pursuant to Section 240-61.E of the Town Code; and WHEREAS, the Planning Board has considered the Application, 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, 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." 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 the Planning Board makes findings of fact as follows: A. The proposed use, as limited by the conditions set forth herein, is in harmony with the surrounding area and will not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic relating to said use onto or off of adjoining streets. B. The operations in connection with the special use permit, as limited by the conditions set forth herein,will be no more objectionable to nearby properties by reason of noise, fumes and 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 extended special use permit, as limited by the conditions set forth herein,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. D. There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck relating to the subject 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 the Planning Board GRANTS the application to extend the applicable special use permit, subject to the following terms and conditions: 6 Planning Board July 12, 2023 1. The hours of operation shall not extend beyond 8:30 am to 5:00 pm Monday through Friday, and 9:00 am to 2:00 pm on Saturday. 2. This special use permit extension shall expire on October 10, 2024. 3. The Applicant shall be responsible for the proper maintenance of any garbage dumpsters used in connection with its operations, and shall comply with any and all directives with respect thereto issued by the Town Building Inspector or any other members of the Town Building Depailiuent. 4. This special use permit is subject to termination requirements set forth in Sections 240-64 and 240- 65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. 5. The Applicant may use the portion of the premises now used for cutting glass as an office or additional show room without obtaining an additional or modified special use permit. This resolution is hereby certified as true and correct and shall be filed with the Town Clerk. Application #3 —176 Myrtle Blvd—Gjoko & Lucy Shkreli- Site Plan Consideration Mark Mustacato, the applicant's architect, and Donald Mazin, the applicant's attorney, were present to address the Board. Mr. Mustacato presented plans to add a 2nd story to the building for a 2nd floor apartment. There was discussion about parking for the apartment and that variances had been granted by the Town Zoning Board of Appeals. Mr. Engel stated that the Board is requesting to see the secured agreement to allow 24/7/365 off- street parking. There was a discussion about lighting. Mr. Mustacato explained that there would be no additional lighting added to the rear or sides of the building, and that two small lights will be added to the front. Mr. Engel requested that the plans be revised to show that existing skylights would be removed. Mr. Engel stated that the submitted plans do not include a basement plan,including,but not limited to, fire exits as well as potential fire department access and egress, and that revised plans including this information are to be submitted. Mr. Engel further stated that the applicant is to submit an updated survey along with plans showing HVAC equipment and any generator locations, a landscape plan for the flower boxes on the 2nd floor, and where the garbage enclosure will be. 7 Planning Board July 12, 2023 Ms. Cooney asked about the proposed height of the building above the existing first story. Mr. Muscato answered it is 11 feet. Mr. Engel asked whether the application is ready for referral to the CZMC, which meets later this month, and Ms. Aitchison answered yes. Mr. Engel stated that the application is referred to the CZMC and will be on the agenda for consideration at the next Planning Board meeting. Application #4 - Bonnie Briar Country Club - Site Plan Amendment - Public Hearing Continued Darius Chafizadeh, the applicant's attorney, Joe Napolitano, the club's General Manager, and Benedict Salanitro, the applicant's engineer, appeared before the Board. Mr. Chafizadeh recapped what was done since last month's Planning Board meeting. Mr. Chafizadeh noted that the Building Inspector has issued a revised Zoning Compliance Memo for the application. Mr. Chafizadeh requested approval for the performance center and golf range plans and stated that the applicant would seek approval for the swimming pool at a later date. Mr. Engel asked about errant golf balls,which neighbors on Cornell Street had complained about. Mr. Chafizadeh stated that the new range will decrease the number of errant golf balls and that the applicant is willing to install appropriate netting on its property along the boundary between the golf range and its Cornell Street neighbor(s) at a future date. Mr. Block questioned whether the Planning Board has authority to impose an agreement related to errant golf balls and further added that the residents purchased their houses with a golf range already there. The Chair requested counsel to prepare a draft resolution for the next Planning Board meeting. Motion: To adjourn the meeting at 8:37 P.M. Moved by Elizabeth Cooney, seconded by Sarah Dunn Action: Unanimously approved Respectfully submitted, Carol Murray Assistant Civil Engineer 8