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HomeMy WebLinkAbout2023_09_13 Planning Board Minutes MINUTES Planning Board Meeting Wednesday, September 13th, 2023 Town of Mamaroneck Senior Center 1288 West Boston Post Road 7:30 PM PRESENT: Ralph Engel, Chair Elizabeth Cooney, Vice Chair Ira Block, Board Member Edmund Papazian, Board Member Sarah Dunn, Alternate Board Member ABSENT: Ron Mandel, Board Member STAFF Robin Nichinsky, Town Councilwoman PRESENT: Lisa Hochman, Counsel to the Planning Board Elizabeth Aitchison, Town Environmental Planner Carol Murray, Town Assistant Civil Engineer Anthony Oliveri, Consulting Engineer Shaun Hughes, Interim Town Planning Board Secretary CALL TO ORDER The meeting was called to order at 7:32 P.M. and Mr. Engel welcomed everyone and announced that a quorum was present. MINUTES The Board discussed the draft minutes of August 13th, 2023. Motion: To approve the draft minutes of August 13th, 2023, as amended. Moved by Ira Block seconded by Elizabeth Cooney Action: Approved Unanimously Carol Murray confirmed that all documents to be discussed had been posted on the website at least 24 hours prior and all applications on the agenda for public hearing were properly noticed. Application #1 — 626 Fifth Avenue, McGuire's Service - Special Use Permit Extension - Consideration Jim Santoro, operations manager for McGuire's Service, was present to address the Board. Mr. Engel said that there was an issue with the paperwork as the existing application was filed by the company, and new application was filed by the landlord. Mr. Santoro explained that the landlord and the company are the same person, and it was their first time submitting the application. Mr. Engel stated that they can't extend the permit without an application from the company, not the landlord. Mr. Santoro said he will get that done and submitted. Motion: To set public hearing on October 11, 2023 Moved by Ira Block, seconded by Elizabeth Cooney Action: Approved Unanimously Application #2 — 2444 Boston Post Road, Staples - Special Use Permit Extension — Public Hearing Jacquelin Owen, attorney for Staples,was present to address the Board. She explained that Staples is here to extend its special use permit and proposes no changes to its use or operation of the property. Motion: To open the public hearing Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved Ms. Cooney asked if the hours were staying the same and Ms. Owen replied yes. Ms. Cooney asked if there were any violations on the property and Ms. Murray stated no. Mr. Engel asked if referrals were made and Ms. Murray replied yes. Motion: To close the public hearing Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously approved Motion: To approve the special use permit extension pursuant to the draft resolution prepared by counsel, as revised Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT Staples,Inc.,2444 Boston Post Road 2 Town of Mamaroneck,New York On motion Elizabeth Cooney, seconded by Ira Block, the application of Staples, Inc. (the "Applicant") to extend a special use permit was APPROVED by the Planning Board of the Town of Mamaroneck(the"Board") upon the following resolution, which was adopted by a vote of 5 to 0 with no abstentions. WHEREAS, the Applicant is the lessee of retail space located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 137 (the "Property"); and WHEREAS,the Property is located within the SB-R District which allows retail stores as a special use pursuant to Section 240-31.B(1) of the Zoning Code of the Town of Mamaroneck(the"Town Code"); and WHEREAS,the Applicant submitted an application for to extend its special use permit for use of the Property as a store for the sale of goods at retail; and WHEREAS,the Carol Murray stated that all required referrals were made pursuant to the New York State General Municipal Law and Section 240-61.E of the Town Code ; and WHEREAS, the Applicant's special use permit was last extended on October 12, 2022 with an expiration date of October 16, 2023; and WHEREAS, a duly noticed public hearing was held on September 13, 2023; and WHEREAS, the Planning Board has determined that no changes are necessary to the latest approved site plan on file; and WHEREAS, the Applicant stated that there has been no change in the use of the Property since the most recent special use permit relating to the Property was extended; and WHEREAS, the Planning Board of the Town of Mamaroneck (the "Board") has considered the application for an extension of the special use permit and has reviewed the plans and zoning report and environmental analysis submitted by the Applicant, the reports and comments of Town of Mamaroneck staff and consultants and comments made by any interested members of the public; and WHEREAS, the Board has determined that the proposed action is a Type II action and that, therefore, no further action is required under the New York State Environmental Quality Review Act. NOW,THEREFORE,BE IT RESOLVED,that,in accordance with Section 240-62 of the Town Code, this Board makes the following findings of fact, as limited by the conditions hereinafter set forth: 3 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. D. The property subject to this special use permit has no existing violation of the Town of Mamaroneck Zoning Ordinance. E. The applicant has represented that there has been no change in circumstances in the area, which would require the Planning Board to deny this request. BE IT FURTHER RESOLVED, that this application is hereby APPROVED, subject to the following terms and conditions: 1. The hours of operation, including deliveries, shall not exceed 8:00 a.m. to 9:00 p.m. Monday through Sunday. 2. This permit will expire on October 16, 2025. 3. This permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Town Code. 4. The Property shall conform to the site plan on file with the Town Building Department. 5. In accordance with Section 240-61.F of the Town Code, the Applicant shall be required to pay to the Town its actual cost of technical reviews, including, without limitation, consulting fees, within 30 days of the date hereof. This decision is hereby certified and shall be shall be filed with the Town Clerk. Application #3 —176 Myrtle Blvd., Gjoko & Lucy Shkreli—Site Plan - Consideration Mark Mustacato, the applicant's architect, Donald Mazin the applicant's attorney, and Gjoko Shkreli were present to address the Board. Mr.Mustacato updated the Planning Board and stated that they submitted the following documents requested by the Board at the last meeting:updated property survey,plans for basement and a letter from Coughlin Group for an easement which will provide the parking spaces needed for the proposed addition. 4 Mr. Block stated that the easement letter submitted does not meet the standard of what the Board is looking for. Mr. Mazin stated that Coughlin Group won't give an easement until the Planning Board approves site plan. Mr. Engel stated that he has concerns about how people would get to the parking lot and concerns about emergency egress as it looks like there is much shrubbery where the walkway is. Mr. Engel took pictures which were submitted and entered into the record as Exhibit 1. Mr. Shkreli says there is no issue, as he walks there all the time. Mr. Engel stated that he wants the Building Inspector to review. Mr. Engel asked about the HVAC system. Mr. Mustacato said they would be wall-mounted condensers, split systems, covered by planters. Ms. Cooney asked how high the plantings would be and Mr. Mustacato stated that the plantings are to be decorative and will not be high. Trash receptacles were discussed. Parking was further discussed and Mr. Mazin stated that the Town has parking spaces available in Lot C. Mr. Engel stated that the Town Zoning Board conditioned their approval on securing two off-street parking spaces. There was a discussion about the requirement for off-street parking and how it should be secured and documented. A public hearing on the site plan was tentatively scheduled for the next meeting on October 1 lt'. Application #4—54 Deane Place—Joanne Grossman—Wetland and Watercourses Permit- Consideration Nicholas Shirriah from Hudson Engineering was present to address the Board and he explained the plan. The memo from AI Engineers was discussed. The root barrier and its location were discussed and it was noted that Town Board approval would be needed in connection with restoration of Town property. There was discussion about removal of the driveway and how to best protect a 100-year-old tree. The application was referred to the Coastal Zone Management Commission. Motion: To set public hearing for October 11, 2023. Moved by Elizabeth Cooney, seconded by Sarah Dunne Action: Approved Unanimously 5 Application #5 - Bonnie Briar Country Club - Site Plan Amendment - Public Hearing Continued 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 further stated that the plan is for this project to start near the end of 2024. The proposed pool was discussed. Lighting for the pool was discussed. Pool filtration was discussed. The Chair requested counsel to prepare a draft resolution. The public hearing remains open. Other Business: Anthony Calogero& Siobhan Kranz of 110 Murray Ave.,requested to address the Planning Board regarding their plans for their house. Stephen Moser, the applicant's architect, and Nick Shirriah, the applicant's engineer, were also present. Mr. Mozer presented and discussed the design of the additions to the house. Motion: To set public hearing for October 11, 2023 Moved by Ira Block, seconded by Elizabeth Cooney Action: Approved Unanimously Motion: To adjourn the meeting at 8:45 P.M. Moved by Ron Mandel, seconded by Sarah Dunn Action: Unanimously approved Minutes prepared by Shaun Hughes Interim Planning Board Secretary 6