Loading...
HomeMy WebLinkAbout2025_10_08 Planning Board MinutesPRESENT: ABSENT: ALSO PRESENT: CALL TO ORDER MINUTES Planning Board Meeting Wednesday, October 8, 2025 Town Center — 740 W. Boston Post Road, Mamaroneck, NY 10543 7:30 PM Ralph Engel, Chair Elizabeth Cooney, Vice Chair Ira Block, Board Member Edmund Papazian, Board Member Ron Mandel, Board Member James Carroll, Alternate Board Member Sarah Dunn, Alternate Board Member Anthony Oliveri, P.E., Consulting Engineer Robin Nichinsky, Liaison to Town Board Elizabeth Aitchison, Environmental Planner Carol Murray, P.E., Deputy Town Engineer Lisa Hochman, Counsel to the Planning Board Jami Sheeky, Planning Board Secretary L w Cr vj 7:1 The meeting was called to order at 7:30 P.M. The Secretary called the roll and established that a quorum was present. The Secretary stated that all applications on the agenda for public hearing were duly noticed and all documents to be discussed had been posted to the Town website at least 24 hours prior to the meeting. MINUTES The Board discussed the draft minutes of the September 10, 2025, meeting. Motion: To approve the draft minutes of September 10, 2025, as modified Moved by Elizabeth Cooney seconded by Ira Block Action: Approved Abstained: Ron Mandel Application #1 — 1-16-450 Seton Road — JAF Builders Corp. — Residential Site Plan, Tree Removal Permit — Continued Public Hearing The applicant for 1-16-450 Seton Road had previously requested an adjournment. Planning Board October 8, 2025 Mr. Engel inquired about the status of the application to the Town's Zoning Board of Appeals challenging the determination of zoning compliance by the Building Inspector. Ms. Hochman stated that the Building Inspector reviewed the materials submitted by the challenger, revised his earlier position and stated that a notice of disapproval would be issued. Ms. Hochman further stated that after a notice of disapproval is issued, the applicant can choose to pursue a variance. The public hearing remains open. Application #2 — 25 Stonewall Lane — Tony Gao and Chen Di — Residential Site Plan, Tree Removal Permit — Public Hearing Motion: To open the public hearing Moved by Ira Block seconded by Ron Mandel Action: Approved Alan Pilch, P.E, R.L.A. of ALP Engineering and Landscape Architecture, PLLC, and Alison Lange of Alloy Design Studio, PLLC, were present to address the Planning Board and provide an overview of the project which proposes a new single-family dwelling. The applicant appeared before the Coastal Zone Management Commission. Ms. Aitchison requested the applicant address comments from the Tree Memo issued October 1, 2025, and Mr. Engel on behalf of Mr. Oliveri requested that the applicant respond to outstanding comments from the Engineering memo issued on September 5, 2025. There were no questions or comments from members of the public. The public hearing remains open. Application #3 — 30 Bonnie Way — Brandon and Sharon Bell — Tree Removal Permit — Continued Consideration Sharon Bell, homeowner, was present to address the Planning Board and provided an overview of the application for a tree removal permit. Ms. Aitchison, the Town Environmental Planner, explained as follows: that on May 13, 2025 she issued a permit authorizing the applicant to remove 3 trees with the planting of 9 replacement trees. However, the applicant removed 11 trees instead of 3 trees. As a result, a notice of violation was issued on June 3, 2025 for removal of additional trees from the property beyond those authorized by the permit. A Stop Work Order was issued on June 5, 2025 for failure to comply with the terms of the tree permit due to unauthorized removal of trees. The Environmental Planner further explained that if the applicant had followed the proper procedures, the Planning Board would have been the approval authority under section 207-2 of the Town Code, based on the number of trees to be removed. She continued that the application before the Planning 2 Planning Board October 8, 2025 Board consolidates all trees removed by the applicant, 11 trees in total, including the 3 trees previously approved. The Environmental Planner stated that although 25 replacement trees would be required, the landscaping plan prepared by the Morano Group proposes the planting of only 20 replacement trees. Because the property is small (approximately 9,500 square feet) with limited space for planting and because the applicant is fully cooperating to remedy the violation, the Environmental Planner stated her recommendation that the Planning Board approve the application along with a payment of $1500 to the tree fund in lieu of 5 unplanted replacement trees. Motion: To approve the tree removal application and planting plan stamped September 24, 2025 and to require that the applicant pay $1500.00 to the Town Tree Fund, pursuant to recommendation of Town Environmental Planner Moved by Elizabeth Cooney seconded by James Carroll Opposed: Ralph Engel Action: Approved Application #4 — 45 Cooper Lane — Melissa Kaplan -Macey — Subdivision — Public Hearing Motion: To open the public hearing Moved by Ron Mandel seconded by Elizabeth Cooney Action: Approved Gregory Lewis, architect for the applicant, was present to address the Planning Board and provide an overview of the project which proposes a subdivision of the property into two lots. The applicant appeared before the Coastal Zone Management Commission. Mr. Mandel stated his objection to creating two non -conforming lots. Motion: To approve the draft negative declaration Moved by Elizabeth Cooney seconded by James Carroll Opposed: Ron Mandel Action: Approved Motion: To close the public hearing Moved by Ira Block seconded by James Carroll Opposed: Ron Mandel Action: Approved Motion: To adopt the draft resolution for subdivision, as modified Moved by Edmund Papazian seconded by Elizabeth Cooney Opposed: Ron Mandel Action: Approved RESOLUTION 3 Planning Board October 8, 2025 Decision on Preliminary Subdivision Layout 45 Cooper Lane, Town of Mamaroneck, New York On motion of Edmund Papazian, seconded by Elizabeth Cooney, in connection with a subdivision application by Melissa Kaplan -Macey (the "Applicant"), the Planning Board conveys its tentative conclusion that the preliminary subdivision layout is satisfactory pursuant to the requirements of the Town Code of the Town of Mamaroneck (Town Code) Subdivision Law, upon the following resolution, which was adopted by a vote of 4 to 1, with no abstentions. WHEREAS the subject property is located at Section 2, Block 17, Parcel 545 with a street address of 45 Cooper Lane in the Town of Mamaroneck (the "Subject Property"); and WHEREAS the Applicant filed an application for the subdivision of one lot into two lots (the "Proposed Action") pursuant to Chapter 190 of the Town Code (the "Town Subdivision Law"); and WHEREAS the Applicant has provided all of the information required by the Town Subdivision Law and the Application was deemed by the Planning Board to be complete; and WHEREAS the Town Building Inspector issued a memorandum, dated September 2, 2025 (the "Zoning Compliance Memo"), which, based upon review of plans dated August 21, 2025, prepared by Richard Spinelli LLS for a proposed subdivision at 45 Cooper Lane, he found that the proposed subdivision is zoning compliant for the two lots in a R-6 Zoning District; and WHEREAS on February 26, 2025 the Town of Mamaroneck Zoning Board of Appeals adopted a resolution approving the Applicant's requested variances for lot width, street line frontage, combined side yard setback and parking/travel way location (the "ZBA Resolution"); and WHEREAS the ZBA Resolution imposes the following conditions (the ZBA Conditions"): "6. In connection with the anticipated subdivision of the Property, which is subject to Planning Board approval, prior to the filing of a subdivision plat with the Westchester County Division of Land Records, the Applicant shall be required to (i) secure a Town demolition permit for the detached garage and porte-cochere and (ii) complete such demolition and (iii) secure a letter of completion from the Town Building Department to confirm that such demolition results in two zoning lots in accordance with the approved plans; and 7. Within six (6) months of the date the Planning Board approves the proposed subdivision, and to the satisfaction of Counsel to the Zoning Board of Appeals, Applicant shall execute restrictive covenants against the Property limiting the square footage of any dwelling on Lot A to 2500 square feet and any dwelling on Lot B to 2750 square feet, in both cases exclusive of basement (the "Restrictive Covenants'). 8. Prior to the issuance of a building permit, and at the same time the Applicant files a subdivision plat as referenced in Condition #6 hereof, the Applicant shall also file the Restrictive Covenants 4 Planning Board October 8, 2025 in the Westchester County Division of Land Records and, immediately thereafter, submit proof of such recording to the Town Building Department. 9. This Resolution and the Restrictive Covenants shall run with the land." WHEREAS the Town Engineer, the Town Building Inspector and Al 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"): • "Subdivision Plat" prepared by Richard Spinelli LLS dated August 21, 2025 WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on September 29, 2025, and issued a letter to the Planning Board, dated October 7, 2025 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS a duly noticed public hearing on the preliminary layout was conducted on October 8, 2025; and WHEREAS another public hearing will be conducted in connection with the final subdivision plat; and WHEREAS the Proposed Action is an unlisted action pursuant to the New York State Environmental Quality Review Act, 6 NYCRR §617 et seq. (SEQRA), the Town of Mamaroneck Environmental Quality Review Law (MEQR); and WHEREAS the Board reviewed and discussed a draft determination of non -significance of the Proposed Action (the "Negative Declaration") on October 8, 2025; and WHEREAS, Section 190-8(A) of the Town Subdivision Law provides that, before the Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval, without qualification, of the Westchester County Department of Health, Westchester Joint Water Works or Veolia Water, as applicable, and any other agency having jurisdiction over the premises (together, the "Necessary Certifications"); and WHEREAS, the Planning Board has considered the Application and the preliminary layout; the Plans, the Zoning Compliance Memo, statements and responses to questions by the Applicant and its representatives; memos, letters, reports and comments of the Town Engineer, the Town Environmental Planner, the CZMC, the Planning Board's consultants and the counsel to the Planning Board, and has heard and read testimony and reviewed other submissions from interested members of the public. NOW, THEREFORE, BE IT RESOLVED, that pursuant to SEQRA and MEQR, the Planning Board hereby APPROVES the adoption of the Negative Declaration, a copy of which will be kept on file with the Town Building Department. BE IT FURTHER RESOLVED, that the Planning Board hereby conveys its tentative conclusion that, subject to the ZBA Conditions, the preliminary layout is satisfactory pursuant to Section 190-7 of the 5 Planning Board October 8, 2025 Town Subdivision Law and authorizes the Applicant to obtain the Necessary Certifications pursuant to Section 190-8 of the Town Subdivision Law and thereafter return to the Planning Board for potential approval of the final plat. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. Application #5 — 36 Byron Lane — Blair Dyer — Residential Site Plan — Continued Consideration Nicholas Shirrah of Hudson Engineering, engineers for the applicant, was present to address the Planning Board and provide an overview of the project which proposes a renovation to a single-family dwelling. Mr. Shirrah stated that a generator and HVAC units had been added to the plans Motion: To schedule the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Approved Application #6 — Acura of Westchester, 2155 Palmer Ave. — The Westchester Automobile Co., Inc — Special Use Permit Extension — Public Hearing John Pomponio was present to address the Planning Board and request a Special Use Permit Extension. Mr. Pomponio stated there were no changes requested. Mr. Engel requested that conditions 10 and 18 from the previously issued Special Use Permit Extension be removed. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Approved There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Edmund Papazian seconded by Ira Block Action: Approved Motion: To adopt the draft resolution for special use permit extension, as modified Moved by Ron Mandel seconded by Elizabeth Cooney Action: Approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT Westchester Automobile Co./Acura of Westchester 2155 Palmer Avenue Town of Mamaroneck, New York 6 Planning Board October 8, 2025 On motion of Ron Mandel, seconded by Elizabeth Cooney, 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 5 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 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 was extended on February 15, 2023 and expired on September 9, 2024; and WHEREAS the Town of Mamaroneck Building Inspector issued a memo to the Planning Board dated October 1, 2025 which stated that there are no violations at the subject property; and WHEREAS all required referrals were made pursuant to Section 240-61.E of the Town Code; and 7 Planning Board October 8, 2025 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 held a duly noticed public hearing about the Application on October 8, 2025; 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 Deputy Town Engineer confirmed that statement. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board makes findings of facts as follows: 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 8 Planning Board October 8, 2025 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 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. 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. 9 Planning Board October 8, 2025 11. 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. 12. 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. 13. No sound amplification systems audible outside the existing building shall be used in connection with the operations hereby permitted. 14. 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. 15. 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. 16. This Special Use Permit shall expire on September 9, 2026. 17. 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 #7 — Nautilus Diner, 1240 W. Boston Post Rd. — Nautilus Equities, Inc — Special Use Permit Extension — Public Hearing Jeffrey Schwartz, Esq. was present to address the Planning Board and request a Special Use Permit Extension. Mr. Schwartz stated there were no changes requested. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Approved There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Ira Block seconded by Ron Mandel Action: Approved Motion: To adopt the draft resolution for special use permit extension, as modified Moved by Edmund Papazian seconded by Ron Mandel Action: Approved 10 Planning Board October 8, 2025 RESOLUTION EXTENSION OF SPECIAL USE PERMIT Nautilus Equities, Inc., doing business as Nautilus Diner 1240 West Boston Post Road Town of Mamaroneck, New York On motion of Edmund Papazian, seconded by Ron Mandel, the application of the Nautilus Equities, Inc., doing business as Nautilus Diner (the "Applicant") for an extension of its 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 operator of a diner located at 1240 West Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Section 4, Block 8, Lot 110 (the "Property"); and WHEREAS the Property is located within the B-R District which allows "Restaurants" as a special use pursuant to Section 240-30(B) and (C) of the Zoning Code of the Town of Mamaroneck (the "Town Code"); and WHEREAS the original special use permit was granted in 1992 (the "Special Use Permit"); and WHEREAS the Applicant submitted an application for an extension of its Special Use Permit for the continued use of the Property as a diner; and WHEREAS all required referrals were made pursuant to Section 240-61.E of the Town Code; and WHEREAS the Town of Mamaroneck Building Inspector issued a memo to the Planning Board dated October 1, 2025 which stated that there are no violations at the subject property; and WHEREAS, on September 14, 2022 the Planning Board granted an extension of the Special Use Permit which expired on July 8, 2024; and WHEREAS a duly noticed public hearing was conducted on October 8, 2025; 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 documents submitted by the Applicant, the reports and comments of the staff of the Town of Mamaroneck and any comments made by interested members of the public; and WHEREAS the 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, 6 NYCRR Part 11 Planning Board October 8, 2025 617.5(C)(18), 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: 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 extension of 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 extension of the 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. That there are no existing violations of Chapter 240 of the Town Code on 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 this request. BE IT FURTHER RESOLVED, that this application is hereby APPROVED, subject to the following terms and conditions: 1. The hours of operation shall not exceed 6:00 a.m. to midnight, seven (7) days per week. 2. This permit will expire on July 8, 2026. 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 240-30 of the Town Code. 4. The Property shall conform to the site layout 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 as true and correct and shall be filed with the Town Clerk. Application #8 — Staples, 2444 Boston Post Rd. — Office Superstore East LLC — Special Use Permit Extension — Public Hearing 12 Planning Board October 8, 2025 Jacqueline Cohen of Zarin & Steinmetz, LLP was present to address the Planning Board and request a Special Use Permit Extension. Ms. Cohen stated there were no changes requested. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Ron Mandel Action: Approved There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Ron Mandel seconded by Ira Block Action: Approved Motion: To adopt the draft resolution for special use permit extension, as modified Moved by Ira Block seconded by Elizabeth Cooney Action: Approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT Superstore East LLC, doing business as Staples 2444 Boston Post Road Town of Mamaroneck, New York On motion of Ira Block, seconded by Elizabeth Cooney, the application of Office Superstore East LLC, doing business as Staples (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 Applicant's special use permit was last extended on September 13, 2023 with an expiration date of October 16, 2025; and WHEREAS all required referrals were made pursuant to Section 240-61.E of the Town Code; and WHEREAS the Town of Mamaroneck Building Inspector issued a memo to the Planning Board dated October 1, 2025 which stated that there are no violations at the subject property; and 13 Planning Board October 8, 2025 WHEREAS a duly noticed public hearing was held on October 8, 2025; 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: 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, 2027. 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. 14 Planning Board October 8, 2025 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 filed with the Town Clerk. OTHER BUSINESS With reference to a "Notice to Involved Agencies/Declaration of Intent to be Lead Agency" dated September 26, 2025 submitted by the Town Zoning Board of Appeals, Board members discussed and decided to take no action. The Planning Board and staff discussed a September 18, 2025 memo to the Planning Board submitted by William Maker, Jr., Town Attorney, regarding a proposed amendment to the Town Zoning Code, entitled "Zoning amendment for Elkan Road". Board members discussed and stated no objection to the proposed amendment. Motion: To direct counsel to convey the Planning Board's report and recommendation Moved by Elizabeth Cooney seconded by James Carroll Opposed: Edmund Papazian Action: Approved The meeting was adjourned at 9:16 P.M. Minutes pre red by arol M rray Deputy own Engineer 15