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HomeMy WebLinkAbout2024_03_13 Planning Board Minutes These draft minutes have not been approved or adopted by the Planning Board. OF 11 MINUTES Planning Board Meeting 710 0 . o Wednesday, March 13, 2024 W # m Senior Center- 1288 Boston Post Road, Larchmont, NY 10538 7:30PM FOUNDED 1661 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 Anthony Oliveri, P.E., Consulting Engineer t -- e J ALSO PRESENT: Lisa Hochman, Counsel to the Planning Board -� rri Elizabeth Aitchison, Environmental Coordinator '` Carol Murray, P.E., Deputy Town Engineer Jami Sheeky, Planning Board Secretary CALL TO ORDER The meeting was called to order at 7:30 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 Town's website for more than 24 hours, whether all required referrals had been made, whether all required mailings relating to this evening's public hearings had been made, and whether all required signs relating to this evening's public hearings had been posted. Ms. Sheeky answered yes to all. MINUTES The Board discussed the draft minutes of the February 14, 2024,meeting. Motion: To adopt the draft minutes of February 14, 2024, as modified. Moved by Ira Block seconded by Elizabeth Cooney Action: Approved Planning Board March 13, 2024 Application#1 - 2399 Boston Post Road- 2399 Boston Post Road Rlty Co. - Site Plan, Wetlands & Watercourses Permit, Special Use Permit—Consideration Adjourned to the April 17, 2024 meeting. Application#2 - 2500 Boston Post Road- Pepe Performance Cars, Ltd. - Special Use Permit Extension—Public Hearing Annie Kline, the applicant's counsel, appeared before the Board on behalf of Pepe Performance Cars, Ltd. and stated that it is seeking an extension of its special use permit, last renewed in 2022. Ms. Kline stated that there are no changes to the property or use. Ms. Kline also stated that the report on the maintenance of the oil-water separator was submitted to the Building Depaitnnent and all previously open permits relating to the site plan were closed out. Mr. Engel said a memo was received from the Building Inspector which stated that the property was inspected and found to be in compliance with zoning requirements. 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 Ira Block seconded by Elizabeth Cooney Action: Unanimously approved Board members discussed the draft resolution prepared by counsel. Motion: To approve the resolution approving the special use permit extension Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT 2500 Boston Post Road,Town of Mamaroneck,New York Pepe Performance Cars,Ltd.,d/b/a Pepe Porsche of Larchmont On motion of Edmund Papazian, seconded by Elizabeth Cooney, the application of Pepe Performance Cars, Ltrd. (the "Applicant") to extend the special use permit previously granted to Pepe Porsche of Larchmont/Joseph R. Crocco (the "Prior Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the"Plannin, Board")upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions: WHEREAS, in 2012, the Planning Board granted the Prior Applicant a special use permit for the use of the premises at 2500 Boston Post Road and known on the Tax Assessment Map of the Town of 2 Planning Board March 13, 2024 Mamaroneck as Block 503, Lot 123 (the "Property") for the service and repair of motor vehicles in conjunction with its use as a Porsche auto dealership (the"Special Use Permit"); 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 Town Code of the Town of Mamaroneck (the "Town Code"); and WHEREAS, the Applicant has submitted an application for the extension of the previously issued Special Use Permit for the continued use of the Property for the service and repair of motor vehicles in conjunction with its use as a Porsche auto dealership; and WHEREAS, the most recent extension of the Special Use Permit expired on February 28, 2024; and WHEREAS,the Planning Board Secretary stated that all required referrals were made pursuant to Section 240-61.E of the Town Code; and WHEREAS, a duly noticed public hearing, pursuant to Chapter 144 of the Town Code, was held on March 13, 2024; and WHEREAS, the Town's Building Inspector issued a memo, dated March 6, 2024,which stated that the Property was inspected and found to be in compliance with the approved site plan; and WHEREAS, the Planning Board has considered the application and related plans, documents, comments and responses to questions by the Applicant, any and all reports and comments of the Town's Engineer and/or the Town's Consulting Engineer and the Town's Building Inspector,and any comments by any interested members of the public; and WHEREAS, the Application is a Type II action 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 makes the following findings of fact required by Sections 240-62 and 240-64 of the Town Code: A. That the proposed use 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. 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 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. 3 Planning Board March 13, 2024 D. There are no existing violations of this chapter relating to the property which is the subject of the application. E. 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 hereby APPROVES the application subject to the following terms and conditions: 1. Showroom hours of operation will be no longer than from 9:00 a.m. to 7:00 p.m. on Monday through Thursday;9:00 a.m.to 6:00 p.m.on Friday; and 9:00 a.m.to 6:00 p.m. on Saturday. There shall be no automobile sales on Sunday. 2. Hours of operation for automobile service shall be no longer than from 7:30 a.m. to 6:00 p.m. on Monday through Friday; and 8:00 a.m. to 1:00 p.m. on Saturday. There shall be no servicing of automobiles on Sunday. 3. Hours of operation for parts shall be no longer than from 7:30 a.m.to 5:00 p.m.on Monday through Friday;and 8:00 a.m.to 1:00 p.m.on Saturday. There shall be no operation of the parts department on Sunday. 4. This Special Use Permit shall expire on February 28, 2026. 5. This Special Use Permit is subject to the termination requirements set forth in Sections 240-64 and 240-65 and to the use restrictions set forth in Section 240-31 B of the Town Code. 6. In connection with any future application to further extend this Special Use Permit, the Applicant shall submit,to the satisfaction of the Town Engineer,documentation of acceptable inspection and maintenance of the existing oil-water separator structure. 7. 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 as true and correct and shall be filed with the Town Clerk Application #3 - 1330 Boston Post Road- HDR Holdings, LLC., d/b/a Wonder- Special Use Permit—Public Hearing Annie Kline, counsel to the applicant, and Jason Bottcher, Associate Director— Governance at Wonder,were present to address the Board. They are seeking a Special Use Permit for premises at 1330 Boston Post Road, previously occupied by Cosi. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Unanimously approved 4 Planning Board March 13, 2024 Mr. Bottcher provided background information about the company and its growth plans. Mr. Papazian asked if employees of Wonder would be making deliveries, and Mr. Bottcher replied they would. Ms. Cooney asked if the deliveries would be made in 4-wheeled vehicles and Mr. Bottcher said yes. Mr. Papazian asked what type of appliances would be used. Mr. Bottcher explained that there would be no gas appliances and that food is prepped and par-cooked in a facility prior to delivery. There were no questions or comments from members of the public. Board members discussed the draft resolution prepared by counsel. Mr.Engel stated that item nine(9)in the draft resolution is no longer applicable as the documents signed by the landlord were received. Ms. Klein asked if deliveries to the property could happen prior to 8:00 a.m. and Mr. Bottcher detailed that delivery would be once a day via one twenty- six(26) foot box truck and that the driver would target to arrive at the location at or before 6:30 a.m. Ms. Cooney asked if deliveries would arrive via the Boston Post Road, Mr. Papazian commented that 6:00 a.m. deliveries would be fine and are consistent with Trader Joe's located down the Post Road, and Mr. Bottcher confirmed that deliveries would arrive via the Boston Post Road. Motion: To close the public hearing Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Unanimously approved Motion: To approve the resolution as modified approving new special use permit Moved by Ira Block seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION SPECIAL USE PERMIT HDR Holdings, LLC d/b/a Wonder, inc. 1330 Boston Post Road, Town of Mamaroneck,New York On motion of Ira Block, seconded by Elizabeth Cooney, the application of HDR Holdings, LLC, d/b/a Wonder(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 open a food establishment located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410, Lot 463 (the "Property"); and WHEREAS, the Property is located within the B-R Zone District; and 5 Planning Board March 13, 2024 WHEREAS,the Applicant submitted an application for a Special Use Permit for use of the Property as a food establishment(the"Application"); and WHEREAS, Section 240-30.0 of the Code of the Town on Mamaroneck ("Town Code") allows various types food establishments as a specially permitted use; and WHEREAS, the Town's 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, the Town's Building Inspector issued a memo to the Planning Board, dated February 28, 2024 (the "Building Inspector's Memo"), which stated as follows: "A review of the plans dated December 15, 2023, prepared by Gregory Ralph Architects, for a food establishment and site plan sheet 20.01 prepared by Langan engineering at 1330 Boston Post Road has been performed. The proposed use is a permitted use in a B-R zoning districted per 240-30C (6)"; and WHEREAS, a duly noticed public hearing, in accordance with Chapter 144 of the Town Code, was conducted on March 13, 2024; and WHEREAS, the Planning Board has considered the application for the special use permit, the plans and/or documents submitted by the Applicant,the Building Inspector's Memo,any and all comments and responses to questions by the Applicant, any and all 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 6 Planning Board March 13, 2024 D. There are no existing violations of Chapter 240 of the Town Code relating to 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, not including deliveries to the Property, shall be seven days per week, 8:00 a.m. to 10:00 p.m., in accordance with applicable Town Code regulations. 2. Deliveries to the Property shall be permitted seven days per week, 5:00 a.m. to 10:00 p.m., in accordance with applicable Town Code regulations. 3. Exterior signage, if permitted, may be illuminated only during the hours of operation. 4. This permit will expire on March 13, 2026. 5. This permit is subject to the termination requirements set forth in Sections 240-64 and 240-65 of the Town Code. 6. The Property shall conform to the most recent site layout plan on file with the Town Building Department. 7. 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. 8. The Applicant shall not erect any external signage, temporary or permanent, without a permit from the Town's Building Department. 9. All deliveries from the Property to customers shall be made using four-wheeled vehicles. This resolution is hereby certified and shall be.filed with the Town Clerk. Application #3 - 99 Colonial Avenue- Ishvinderjit Singh and Harkirtan Singh- Residential Site Plan—Continuation of Consideration Jorel Vaccaro, of Krypton Engineering, appeared before the Board on behalf of the applicant to propose the demolition and redevelopment of a single-family home at 99 Colonial Avenue. Mr. Vaccaro stated that the HVAC location was updated on the civil drawings to match the architectural drawings and that the new plans would be submitted in time for the April meeting and would be zoning compliant. Mr. Engel asked if the single proposed unit would suffice for such a large house. Mr. Vaccaro stated that the proposed pad is large enough to accommodate two (2) units if needed. Mr. Papazian asked how far this would be from the neighbor and Mr. Vaccaro said that it was placed as far back as possible. Mr. Papazian asked if there would be a generator and Mr. Vaccaro said there would not. Mr. Engel suggested that the next 7 Planning Board March 13, 2024 submission show the units being proposed and Ms. Murray added that they should indicate the maximum tonnage and pad size. Mr. Engel stated that the right-side elevation showed a solid wall and asked what screening was proposed. Ms. Aitchison suggested tall evergreen. Mr. Vaccaro stated that they were on the agenda for the next CZMC meeting. Ms. Aitchison said the applicant was proposing more than enough tree replacements and detailed that the tree protection plan for the Town tree should extend back to the property line. Mr. Engel said he would look for a new zoning memo once the updated plans indicating the HVAC changes were received. Motion: To schedule the public hearing for April Moved by Elizabeth Cooney seconded by Ira Block Action: Unanimously approved Counsel was requested to prepare a draft resolution for the next meeting. Application#4—4 Burton Road- Frank Marsella and Virginia Picciotto-Residential Site Plan Extension—Public Hearing Frank Marsella, homeowner and architect, and Virgina Marsella, homeowner, were present to address the Board. They stated that residential site plan approval was granted in November 2022 and they now seek to extend the period of time to obtain a building permit. Ms. Hochman explained that Section 178-8(c) imposes a one-year limit on the period of time to obtain a building permit following Planning Board approval of a residential site plan. She read the provision of the Town Code, as follows: "No building permit can be issued after the_first anniversary of the date that the Planning Board approves a site plan application. If there is no substantial change in the condition of the parcel and/or its environs, the Planning Board, after conducting a public hearing, may authorize the issuance of a building permit after the first anniversary of the date that the Planning Board approved a site plan application but before the second anniversary thereof" Mr. Engel asked Mr. Marsella whether there were any changes to the plan or the surrounding environment and Mr. Marsella stated that no changes are proposed to the approved site plan and that there has been no change in the condition of the property nor the surrounding area. 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 8 Planning Board March 13, 2024 Motion: To authorize the Town Building Department to extend for one year,until November 9, 2024, the period of time to issue a building permit in connection with the residential site plan for 4 Burton Road, approved on November 9, 2022. Moved by Ira Block seconded by Elizabeth Cooney Action: Unanimously approved Application #5—45 Cooper Lane—Melissa Kaplan-Macey- Subdivision—Consideration Chris Lonegro of Lewis+ Lewis Architects and Melissa Kaplan-Macey, homeowner, were present to address the Board. Mr. Longero called out an error in the agenda and clarified that they are requesting a subdivision of the lot at 45 Cooper Lane to two (2)non-conforming lots. Mr. Lonegro asked if it was mandatory to go before the Planning Board before appearing before the Zoning Board of Appeals, to which Ms. Hochman replied that it is not required. Mr. Longero said that two sides of the lots would be non-conforming and no house for the second lot has been designed yet. Mr. Longero also presented a map of neighboring non- conforming lots. Mr. Engel made a referral to the Zoning Board and let the applicants know that there were additional items that would need to be prepared to return for a subdivision approval. Ms. Hochman said the approval process for a subdivision requires a decision on the preliminary plat and two (2)public hearings. Mr. Engel stated that the applicant needs to provide clarification on the technical memo before returning and would need to repeat consideration. Ms. Kaplan-Macey stated that they would likely adjourn with Planning Board until after meeting with the Zoning Board. Application #6—21 Edgewood Avenue—Heather and Michael Feinman- Subdivision- Consideration Michael Liguori, counsel to the applicant, Raul Bello, architect, Michael Britt and Vincent Leto of Westchester Modular Homes were present to address the Board. The application is to subdivide the current lot into three (3) lots. Mr. Liguori stated that memos were received and noted. Mr. Engel noted that the applicant representatives had previously attended a PEER meeting with staff but must schedule another to further discuss the proposal. Ms. Aitchison requested that the applicants submit a new Environmental Assessment Form as the version submitted was outdated. Ms. Cooney asked if there would be any changes to the original parcel to which Mr. Liguori stated there would not be, and they would be keeping the original lot lines. Mr. Engel asked the applicants to follow up with staff to schedule the PEER meeting and Ms. Hochman noted that subdivision and residential site plan applications could proceed simultaneously. 9 Planning Board March 13, 2024 OTHER BUSINESS Board members discussed proposed revisions to Chapter 177 of the Town Code(Site Plan Review) prepared by the Town Attorney, William Maker, with input from Ms. Hochman, Town staff and Mr. Engel. Motion: To adjourn the meeting at 8:38 P.M. Moved by Edmund Papazian seconded by Ira Block Action: Unanimously approved Minutes prepared by Jami Sheeky Planning Board Secretary 10