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HomeMy WebLinkAbout2023_02_15 Planning Board Minutes 1 MINUTES Town of Mamaroneck Planning Board Meeting Wednesday, February 15, 2023, Senior Center 7:30 PM PRESENT: Ralph Engel, Chair Elizabeth Cooney, Vice Chair Ira Block, Board Member Edmund Papazian, Board Member ABSENT: Ron Mandel, Board Member Sarah Dunn, Alternate Board Member Robin Nichinsky, Town Board Liaison Robert P. Wasp, Town Engineer Elizabeth Aitchison, Town Environmental Planner Anthony Oliveri, Town Consulting Engineer STAFF PRESENT: Lisa Hochman, Counsel Carol Murray, Civil Engineer Francine Brill, Planning Board Secretary CALL TO ORDER The meeting was called to order at 7:31P.M. and Mr. Engel welcomed everyone. Ms. Hochman asked if all documents to be discussed this evening had been posted on the website for more than 24 hours, whether this meeting and all public hearings to be conducted tonight had been duly noticed, and whether all required referrals were made. Ms. Brill answered yes to all. MINUTES The members of the Board reviewed the draft Minutes, and one correction was made. Motion to adopt the draft minutes of January 25, 2023, as modified. The January 25, 2023 meeting minutes were unanimously approved. •. Approval of Minutes Moved by Board Member Block, seconded by Board Member Cooney Carried AGENDA . APPLICATION NO. 1 - 43 Mohegan Road - James and Sarah Coady Residential Site Plan - Public Hearing Required Approval(s) Residential Site Plan Town Code Chapter 178 Location: 43 Mohegan Road District: R-15 Project Description construction of detached garage and patio APPLICATION NO. 2 - 43 Mohegan Road - James and Sarah Coady Wetlands and Watercourse- Public Hearing Required Approval(s) Wetlands and Watercourses Town Code Chapter 114 Location: 43 Mohegan Road District: R-15 Project Description construction of detached garage and patio Benedict Salanitro,the applicant's engineer,Paige Lewis,the applicant's architect,and Sarah Coady, one of the homeowners, were present. Motion: To open the public hearing for both applications together Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved Mr. Salanitro addressed the Board and explained the proposal. Mr. Engel reported that Ms. Aitchison wants the opportunity to review the corrected plan. Mr. Salanitro stated that he corrected the detail she was concerned about. He asked if there is a draft resolution, and stated that the applicant will not object to revising the landscaping plan to make it acceptable to Ms. Aitchinson as a condition of any approval. There was a discussion about tree protection. The location of the generator was discussed. Ms. Coady, a homeowner, stated that they are planting 57 native trees and bushes to improve the area. Ms. Lewis submitted a letter from the neighbors who reside at 40 Mohegan, in favor of the plan, which was entered into the record and marked Exhibit 1. 2 Ms. Hochman explained that the Board is required to make certain findings with regard to water quality as to the application for wetlands and watercourses approval, and she read her proposed draft findings aloud, for the Board to consider. There were no questions or comments from members of the Board, nor from members of the public. Motion: To close the public hearing for both applications Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved Motion: To approve the Wetlands and Watercourses Permit Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION WETLANDS &WATERCOURSES PERMIT 43 Mohegan Road Town of Mamaroneck,New York On motion of Ira Block, seconded by Elizabeth Cooney, the application of James and Sarah Coady (collectively, the "Applicant") for approval of a wetlands and watercourses 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 4 to 0, with no abstentions: WHEREAS, the property is located at 43 Mohegan Road (known on the Tax Assessment map as Section 2, Block 5, Lot 1, and within the R-15 Residential Zoning District in the Town of Mamaroneck,New York (the "Property"); and WHEREAS, the Applicant proposes to construct a detached accessory building and a patio, as well as to change thedriveway placement on the Property (the "Proposed Action"); and WHEREAS, the Coastal Zone Management Commission (the "CZMC") reviewed the Application at its meeting on January 23 2023, and issued a letter to the Planning Board, dated January 25, 2023 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS, the CZMC Letter recommended a heat deflector around the generator to protect screening vegetation from damage; and WHEREAS,the CZMC Letter recommended additional tree protection measures;and 3 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 (hereinafter referred to as the"Plans"): • Survey prepared by Spinelli Surveying, dated 12/2/2022; • Plans entitled: "Coady Residence",prepared by Lewis& Lewis Architects, last dated 11/30/2022; • Plans entitled: "SWPPP and Erosion and Sediment Control Plan", prepared by Benedict Salanitro, P.E., P.C., last dated 1/31/2023; and • Plan entitled: "Coady Residence" prepared by Breath of Spring Ltd.: ER 1 1/31/23, ER2 1/31/23, LI 1/9/23, L2 2/1/23, L3 2/1/23 WHEREAS, a duly noticed public hearing for the Application was held on February 15, 2023, concurrent with a separate application for residential site plan approval pursuant to Chapter 178 of the Town Code; 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,subparagraph(8)of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS, in accordance with §114-7(D) of the Town Code, the Board has considered the following: I. all available reports concerning the Proposed Action from other commissions, including the CZMC, and any Town, County, State and/or Federal agencies, as well as members of the public; The Planning Board has reviewed the CZMC Letter and Wetlands Analysis prepared by Benedict A. Salanitro, P.E., P.C., dated July 20, 2022. II. all relevant facts and circumstances pertaining to the Proposed Action, including, but not limited to: a. any potential environmental impact of the Proposed Action: A large percentage of the Property is within the required 100-foot wetland buffer abutting the Leatherstocking Trail and the upper reaches of the Sheldrake River watershed. The Property does not contain wetland vegetation nor any natural river banks to preserve. A permit will be required for soil erosion and sediment control and drainage improvement since the Proposed Action involves land disturbance activities. b. the alternatives to the Proposed Action: The Planning Board determines that the Proposed Action will improve water quality and provide for storm water retention that will be collected on the Property. As such, 4 the Planning Board determines that there are no feasible alternatives which are more desirable than the Proposed Action. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in §114-1 of the Town Code: The Planning Board determines that wetland function will not be impaired because no natural or other wetland vegetation exists on the Property. In addition, the Planning Board determines that there are no downstream impacts since the Property will exceed requirements for stormwater detention. The Planning Board further determines that the slight increase in the amount of impervious surface will have no negative impact on the Property's wetland function. III. The availability of preferable alternative locations for the Proposed Action on the subject parcel: The Planning Board determines that there are no suitable alternative locations for the Proposed Action because it is specific to the construction of a free-standing garage and patio on the Property. IV. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board determines that because the Proposed Action poses no negative impact to wetlands or watercourses, the proposed improvements to the on-site,drainage system are the only technical improvements necessary. In addition, the Applicant will be required to provide temporary safeguards during construction to prevent erosion of sediment onto the surrounding areas and waterbodies and to protect areas outside of the disturbed area. V. the possibility of avoiding reduction of the wetlands' or watercourse's natural capacity to support desirable biological life, prevent flooding, control sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; The Planning Board determines that the Proposed Action will not reduce the wetlands' or watercourse's natural capacity to support biological life, prevent flooding, control sedimentation and/or prevent erosion, facilitate drainage and provide recreation and open space. VI. the extent to which the public or private benefit derived from such use may or may not outweigh or justify the possible degradation of the wetland or watercourse, the interference with the exercise of other property rights, and the impairment or endangerment of public health, safety or welfare: 5 The Planning Board determines that the proposed improvements will be beneficial to the overall water quality and quantity generated by the existing single-family house with no appreciable negative impact to wetlands or waterbodies. WHEREAS,the Planning Board has considered the Application and Plans; comments and responses to questions by the Applicant and its representatives;the memos,letters, reports and comments of the Town Engineer, the Town Building Inspector, the Town Environmental Planner,the Town's Consulting Engineer and the CZMC,and has heard and considered the comments of any interested members of the public. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby finds, pursuant to §114-7(E)of the Town Code,based upon the record before it and after due consideration of the above criteria set forth in§114-7(D),that the Applicant's proposed regulated activity is consistent with the purposes of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses Protection Law of the Town of Mamaroneck, as set forth in §114-1, and that the action to be taken will minimize all adverse effects on such policy to the maximum extent practicable: • To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the natural benefits of wetlands and watercourses that is consistent with the general welfare and beneficial economic and social development of the town; and • To ensure maximum protection for wetlands and watercourses by discouraging degradation within them and within their buffers that may adversely affect these natural resources; to encourage restoration of already degraded or destroyed wetlands, watercourse and buffers;and to ensure"no net loss"of wetlands and watercourse areas. BE IT FURTHER RESOLVED, that the Planning Board GRANTS the Wetlands and Watercourses Permit as reflected in the hereinabove identified 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 herein referenced, as modified in accordance with the specific conditions hereinafter set forth. 2. Any and all applicable county, state, federal and regional permits shall be obtained prior to the issuance of any Town permits, except as otherwise permitted by the Town Engineer in consultation with the Town Building Inspector and the Town Environmental Planner. 3. No certificate of completion shall be issued until all of the required conditions of this approval have been met. 4. Prior to the commencement of construction, appropriate measures shall be 6 undertaken to control erosion and minimize water turbidity during construction, to the satisfaction of the Town Engineer, as well as installation and maintenance of tree protection measures to the satisfaction of the Town Environmental Planner. 5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector, the Town Engineer and the Town Environmental Planner prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector 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 Inspecto, the Town Engineer and the Town Environmental Planner, 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, tree protection 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 Building Inspector, the Town's Consulting Engineer, the Town Environmental Planner and/or their designated representative(s). 7. The Wetlands and Watercourses Permit shall expire one year from the date it is issued. 8. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 9. Failure to comply with one or more of the conditions of this approval may result in revocation of the Wetlands and Watercourses Permit and any other related permits that the Town Engineer deems appropriate. 10. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to the estimated cost of the improvements within the wetlands buffer. This can be combined with the Erosion and Sediment Control Permit bond to ensure satisfactory completion of the project and the rehabilitation of the affected and/or disturbed areas. 11. 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 ownership interests in the Property or any portion thereof. 12. 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 7 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 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. 14. Prior to the issuance of any Town permits, the Applicant shall obtain any and all applicable federal and state permits and authorizations. 15. In accordance with Section 114-7(3) 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. 16. Prior to the issuance of any Town permits, the Applicant shall submit revised Plans, to the satisfaction of the Town Engineer and the Town Environmental Planner, reflecting a heat deflector around the generator to protect screening vegetation from damage. 17. Prior to the issuance of any Town permits, the Applicant shall submit Plans showing tree protection measures, to the satisfaction of the Town Environmental Planner. This decision is hereby certified and shall be shall be filed with the Town Clerk. Motion: To approve the Residential Site Plan Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION RESIDENTIAL SITE PLAN APPROVAL 43 Mohegan Road Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Ira Block, the site plan application of James and Sarah Coady (collectively, 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 4 to 0, with no abstentions: WHEREAS, the Applicant has applied for approval of a residential site plan for a proposed detached accessory building, patio and driveway placement (the "Application")on property located at 43 Mohegan Road, Town of Mamaroneck, New 8 York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2,Block 5,Lot 1 (the"Property"),pursuant to Chapter 178 of the Town of Mamaroneck Code(the"Residential Site Plan Law"); and WHEREAS, the Applicant has also applied for a wetlands and watercourses permit because the proposed demolition and construction are within the 100-foot Sheldrake River watercourse buffer; and WHEREAS, the Applicant has provided all information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and WHEREAS, in a memorandum dated January 25, 2023, the Town Building Inspector stated that the proposed site work is zoning compliant; and WHEREAS, on February 15, 2023,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 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 (hereinafter referred to as the"Plans"): • Survey prepared by Spinelli Surveying, dated 12/2/2022; • Plans entitled: "Coady Residence",prepared by Lewis&Lewis Architects,last dated 11/30/2022; • Plans entitled: "SWPPP and Erosion and Sediment Control Plan",prepared by Benedict Salanitro, P.E., P.C., last dated 1/31/2023; and • Plan entitled: "Coady Residence" prepared by Breath of Spring Ltd.: ER1 1/31/23, ER2 1/31/23, L 1 1/9/23, L2 2/1/23, L3 2/1/23 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 February 15, 2023, concurrent with the separate application for a wetlands and watercourses permit relating to the Property; 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 January 23, 2023 and issued a letter to the Planning Board, dated January 25, 2023 (the"CZMC Letter"); and WHEREAS, the CZMC Letter stated that the Applicant's proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, the Planning Board has considered the Application, comments and responses to questions by the Applicant and its representatives, the CZMC Letter, the 9 reports and comments of the Town's Consulting Engineer and of the Town Environmental Planner, and heard comments from any interested members of the public; and WHEREAS, the CZMC Letter recommended a heat deflector around the generator to protect screening vegetation from damage; and WHEREAS,the CZMC Letter recommended additional tree protection measures; 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 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: General Conditions: l. 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, the Town Engineer and the Town Environmental Planner prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector 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, the Town Engineer and the Town Environmental Planner, at least seventy-two (72) hours (not including weekends and legal holidays) in advance, of any site disturbance to inspect the 10 installation of erosion and sediment control devices, tree protection 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. 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 11 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. Prior to the issuance of any Town permits, the Applicant shall submit revised Plans satisfactory to the Town Engineer and to the Town Environmental Planner showing a heat deflector around the generator to protect screening vegetation from damage. 18. Prior to the issuance of any Town permits, the Applicant shall submit Plans satisfactory to the Town Environmental Planner showing tree protection measures. This decision is hereby certified and shall be filed with the Town Clerk. 12 • •. APPLICATION NO. 3 - 2155 Palmer Avenue - Acura of Westchester Special Use Permit Extension- Public Hearing Required Approval(s) Special Use Permit Extension Town Code Sections 240-31.B(1) and 240-60-65 Location: 2155 Palmer Avenue District: B-R Project Description continuation of car dealership John Pomponio, the manager of the dealership addressed the Board. Motion: To open the public hearing 13 Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously approved. Mr. Engel stated that the Town Building Inspector told him that there were no violations and that the fire inspection was conducted and passed. 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 Motion: To approve the proposed draft resolution Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT Acura of Westchester 2155 Palmer Avenue,Town of Mamaroneck On motion of Elizabeth Cooney, seconded by Ira Block, the application of Westchester Automobile Co./Acura of Westchester (the "Applicant") for an extension of 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 4 to 0, with no abstentions: WHEREAS,this application relates to premises located at 2155 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Section 5,Block 1, Lot 1 (the "Subject Property") for continued use as an automobile dealership with facilities for service and repair of motor vehicles(the"Application"); and WHEREAS, on June 12, 1985, the Planning Board of the Town of Mamaroneck adopted a resolution approving a special use permit for D'Elia and DeCaro Automobile Dealership as an automobile dealership with facilities for service and repair of motor vehicles located at the Subject Property; and WHEREAS, the Subject Property now has a zoning designation of B-R; and WHEREAS, according to Section 240-30.B.8 of the Zoning Code of the Town of Mamaroneck(the Zoning Code")car sales is not listed as a permissible principal use or specially permitted use in the B-R zoning district; and 14 WHEREAS, despite the fact that the Subject Property is no longer zoned for car sales, the existing use is grandfathered pursuant to Section 240-74 of the Zoning Code; and WHEREAS, Section 240-74 of the Zoning Code states as follows: Any use lawfully existing on the effective date of this amended chapter or on the date of any subsequent amendment to this chapter, in the district in which such use is or was at the time classified in this chapter as one requiring a special permit, shall, without further action, be deemed to be a conforming use in such district. Any extension of or addition to such use or any enlargement or extension of any building or structure shall be subject to the requirements of Sections 240-60 through 240-64, inclusive, of this chapter, and said sections shall apply to such extension, addition or enlargement of any use, building or structure in like manner as to original permitted special uses. WHEREAS, the Planning Board considered the Application, the plans, comments and responses to questions by the Applicant, the reports and comments of the Planning Board staff and consultant and heard any interested members of the public; and WHEREAS, the Planning Board granted a special use permit as to the Subject Property on September 9, 2020, which expired on September 9, 2022; and WHERAS the Planning Board held a duly noticed public hearing about the Application on February 15, 2023; and WHEREAS, this Application is a Type II Action under the New York State Environmental Quality Review Act and the Town of Mamaroneck Environmental Quality Review Act (Section 92-8.A.(9),(16), (24) (25) of the Town Code) and, therefore, no environmental impact review is required; and WHEREAS, Section 240-62 of the Zoning Code of the Town of Mamaroneck provides that the Planning Board shall not grant a special use permit unless it determines the standards stated therein have been met; and WHEREAS,the Planning Board chair stated that the Town Building Inspector had stated to him that there are no existing violations affecting the Subject Property, and the Town Engineer confirmed that statement. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board makes findings of facts as follows: 15 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. D. That there are no existing violations of this chapter as to the Subject Property.. E. 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 Board hereby APPROVES the Application subject to the following terms and conditions: 1. This Special Use Permit is limited to (a) the sale, lease, service and storage of new and used Acura vehicles and (b) the sale, lease service and storage of vehicles accepted by the Applicant for trade in. Trade ins which are sold on the premises by the Applicant may be serviced for the purposes of sales only. Storage of vehicles on the premises shall only be permissible if in conformance with the prior provisions of this paragraph. 2. Service of automobiles shall be by appointment only except for emergency situations. All vehicles entering the building for service shall enter from the rear of the existing building. The service area shall open no earlier than 7 A.M. Monday through Saturday, and the service operations shall commence no earlier than 7:30 A.M. Monday through Friday and 8 A.M.on Saturday. Service operations shall cease no later than 9 P.M. Monday through Friday and 6 P.M. on Saturday. There shall be no service operations on Sunday. Activity in the service area after 7 P.M. shall be closed to the public except for auto pickups. 3. The sales office and showroom shall open no earlier than 9 A.M. on Monday through Saturday and close no later than 9 P.M. Monday through Friday and 5 P.M. on Saturdays. The sales office may be 16 open only between the hours of 11:30 A.M. and 5 P.M. on Sundays and legal holidays. 4. No vehicles shall be parked within fifteen feet of any street or sidewalk except along Harrison Drive behind the front line of the existing building. 5. Only automobiles and passenger vans shall be parked on the site, except for trucks which are loading or unloading supplies, but not vehicles,for use by the Applicant at the site. Loading and unloading of vehicles shall be on the Applicant's property across Harrison Drive from the Subject Property or elsewhere not adjacent to the Subject Property. 6. There shall be no parking of vehicle transport vehicles on Palmer Avenue or on Harrison Drive. 7. There shall be no loading and unloading of vehicles on Palmer Avenue or on Harrison Drive. 8. The motor vehicles parked on the roof of the building shall not be visible from Palmer Avenue. 9. No test drives of vehicles serviced or for purchase or lease shall be permitted south of Palmer Avenue on residential streets within the borders of the Town of Mamaroneck. 10. Storm water discharge from the site shall be no greater than at present. The applicant shall provide and maintain oil protection devices (separators) both for the internal drainage and the exterior drainage,to the satisfactions of the Town Engineer. 11. Subject to any variance granted by the Town's Zoning Board of Appeals, all signs shall comply with the requirements of the sign ordinance of the Town of Mamaroneck. One freestanding sign will be permitted at the corner of Palmer Avenue and Harrison Drive and one identification sign will be permitted on the building. Small signs (one foot by two feet maximum, with a maximum height of three feet) shall be permitted to direct customers to the service and sales entrances. 12. All lighting shall be internally directed and only subdued lighting shall be permitted after hours of operation. The lighting in the rear shall be reflected downward so as not to be visible from the sidewalk on Palmer Avenue. 17 13. Other than to comply with Condition#8 above, no fencing shall be constructed on the property except across curb cuts, but the fence currently existing along Harrison Drive may remain. 14. No sound amplification systems audible outside the existing building shall be used in connection with the operations hereby permitted. 15. No banners, flags, pennants, buntings,balloons, or similar items shall be permitted on the site except a`total of three flag poles for any of the following flags: American flag, New York State flag, Westchester County flag, Town of Mamaroneck flag, and/or Village of Larchmont flag, and no temporary structures shall be erected on the site. 16. This Special Use Permit is subject to the termination requirements set forth in section 240-64 and 240-65 of the Zoning Code of the Town of Mamaroneck. 17. This Special Use Permit shall expire on September 9, 2024. 18. Unless done on or after September 9, 2022, on or before March 1, 2023 the Applicant shall submit to the Town Building Department a complete copy of the Deed relating to the Property. 19. The Applicant shall maintain, in good condition, the striping, planting and painting, as well as the fencing to screen vehicles parked on the roof of the existing building, in accordance with the most-recently submitted plans relating to the Property. This decision hereby is certified as true and correct and shall be filed with the Town Clerk. •. APPLICATION NO. 4 - 20 Senate Place - Amanda and Zachary Zamore Residential Site Plan - Consideration Required Approval(s) Residential Site Plan Town Code Chapter 178 Location: 20 Senate Place District: R-6 Project Description New house Carly Weisman, the applicant's architect and Mr. Zamore, the homeowner, were present to address the Board. Ms. Weisman explained the proposal. 18 Rock removal was discussed. Removal of the oil tank in the garage was discussed. Street parking was discussed, and Mr. Engel stated that a condition of approval would be that all construction-related vehicles must be on the property(rather than on the street) and that hours of delivery's will be limited. Elevations were discussed. Landscaping was discussed. A demo plan for the site, also showing plantings to be removed and replaced was requested. Generator, underground propane and AC unit placement were discussed. Erosion controls were discussed. Motion: To set the public hearing for March 8, 2023 Moved by Edmund Papazian, seconded by Ira Block Action: Unanimously approved •. APPLICATION NO. 5 - 2 Madison Avenue - Madison Strength Lab LLC/ Korvo- Site Plan -Consideration Required Approval(s) Site Plan Town Code Chapter 177 Location: 2 Madison Avenue District: B-R Project Description New use for two tenant modifications Rick Yestadt, the applicant's architect, addressed the Board, along with representatives of proposed tenant, Madison Strength Lab, and present tenant, Kroyo Karate School. Hours of operation, number of employees and parking were discussed. Mr. Engel stated that the Board had not received a zoning compliance memo from the Town Building Inspector, and he further stated that a variance as to parking is required and, therefore, the Planning Board cannot proceed at this time. Mr. Engel further stated the proposed variance is only for parking, and also that the Board requires a copy of the deed and responses to the Consulting Engineers comments. 19 Mr. Louis Grasso, representing the owner of the building, addressed the Board, and stated that he is sure they can relocate parking spaces, as requested by the Board. The matter was adjourned,pending an application to and the decision of the Zoning Board of Appeals as to any necessary parking variance and the application was referred to the Town Traffic Committee. •. APPLICATION NO. 6 - 67 Myrtle Blvd - Myrtle Blvd Properties Residential Site Plan- Consideration Required Approval(s) Residential Site Plan Town Code Chapter 178 Location: 67 Myrtle Blvd. District: R-6 Project Description Construction of new house Eliot Senor, the applicant's engineer, addressed the Board and explained the proposal. Erosion controls were discussed. The location of the driveway was discussed. The location of air conditioning units and any generator was discussed. The matter was referred to the Coastal Zone Management Commission. Motion: To set the public hearing as to this Application for March 8, 2023. Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously approved. ADJOURNMENT The meeting was adjourned at 9:27P.M. • CAleo& Mi,ore ^1 Planning Boar retary a-s re-I/ were 20