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HomeMy WebLinkAbout2025_12_10 Planning Board MinutesPRESENT: MINUTES Planning Board Meeting Wednesday, December 10, 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 James Carroll, Alternate Board Member ABSENT: Ron Mandel, Board Member Anthony Oliveri, P.E., Consulting Engineer ALSO PRESENT: CALL TO ORDER Elizabeth Aitchison, Environmental Planner Carol Murray, P.E., Deputy Town Engineer Lisa Hochman, Counsel to the Planning Board Robin Nichinsky, Liaison to Town Board Jami Sheeky, Planning Board Secretary 733 0 rn T— O rn The meeting was called to order at 7:30 P.M. The Planning Board Secretary called the roll and established that a quorum was present. She further stated that all applications on the agenda for public hearing were duly noticed, all required referrals had been made 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 November 12, 2025, meeting. Motion: To approve the draft minutes of November 12, 2025, as modified Moved by Elizabeth Cooney seconded by James Carroll Abstained: Edmund Papazian Action: Approved Application #1 — 19 Carriage House Lane - 19 Carriage House Lane LLC - Subdivision Jaclyn Cohen of Zarin & Steinmetz LLP was present on behalf of the applicant to request an extension of time to submit the final layout for the proposed subdivision at 19 Carriage House Lane. Planning Board December 10, 2025 Motion: To adopt the draft resolution for extension of time to submit final subdivision layout, as modified Moved by Ira Block seconded by Elizabeth Cooney Action: Approved RESOLUTION 19 Carriage House Lane, Town of Mamaroneck, New York Extension of Time to Submit Final Subdivision Layout On motion of Ira Block, seconded by Elizabeth Cooney, in connection with a subdivision application by 19 Carriage House Lane LLC, (the "Applicant"), the Planning Board has approved the Applicant's request to extend the time for the Applicant to submit a final subdivision layout pursuant to the requirements of Chapter 190 of the Town Code of the Town of Mamaroneck (the "Subdivision Law") upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions. WHEREAS, at its regular meeting on April 9, 2025, the Planning Board approved a resolution to convey its tentative conclusion that subject to the removal of the Lot B Extension, the preliminary layout is satisfactory (the "Preliminary Layout Resolution"); and WHEREAS, Pursuant to Section 190-8 of the Subdivision Law, the Preliminary Layout Resolution authorized the Applicant to proceed with obtaining the "Necessary Certifications" (as therein defined), which includes a sign off by the Westchester County Department of Health (the "WCDOH Certification") and then submit the final layout for the Board's approval; and WHEREAS, Section 190-8 of the Subdivision Law requires the Applicant, "following receipt of [the] communication with respect to the preliminary layout ... within six months thereafter, [to] make a submission to the Planning Board ... of the final layout of the subdivision plat"; and WHEREAS, the Preliminary Layout Resolution was filed with the Town Clerk on May 15, 2025 and the six month period to file the final subdivision layout expired on November 15, 2025; and WHEREAS, the Applicant submitted a letter to the Planning Board dated November 14, 2025 (the "Applicant's 11/14/25 Letter") stating that despite diligent efforts, the Applicant has not yet secured the WCDOH Certification; and WHEREAS, pursuant to Section 190-5A of the Subdivision Law, the Planning Board has the authority to grant a variation to the requirements of the Subdivision Law; and WHEREAS, in order to secure the WCDOH certification, the Applicant's 11/14/25 Letter requests additional time of ninety (90) days to submit the final layout for the Planning Board's approval; and WHEREAS, after discussion at the regularly scheduled meeting of the Planning Board held on December 10, 2025, the Board agreed to grant the Applicant's request. 2 Planning Board December 10, 2025 NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the Applicant's request for an extension of time to submit the final subdivision layout for an additional ninety (90) days, commencing November 15, 2025, and expiring on February 13, 2026. This decision is hereby certified as true and correct shall be filed with the Town Clerk. Application #2 — Big Bird Servicing Inc., 2 Valley Place — Big Bird Servicing Inc. - Special Use Permit — Public Hearing Sukry Makeen was present to address the Planning Board and request a special use permit. Mr. Makeen stated that the business was registered under a new name and no changes are requested from the previously issued special use permit extension. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by James Carroll 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 Elizabeth Cooney Action: Approved Motion: To adopt the draft resolution for special use permit, as modified Moved by James Carroll seconded by Edmund Papazian Action: Approved RESOLUTION SPECIAL USE PERMIT Big Bird Servicing Inc. 613 Fifth Avenue/2 Valley Place Town of Mamaroneck On motion of James Carroll, seconded by Edmund Papazian, the application for a special use permit by Big Bird Servicing, Inc. (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions. WHEREAS, the Applicant submitted an application for a special use permit on the premises located at 613 Fifth Avenue/2 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Lot 1 (the "Property") as a private auto repair facility; and WHEREAS, the Property is located in the Service Business District which according to Section 240.31.B(2) of the Town Code allows as a specially permitted use, "Gasoline filling stations and garages, including facilities for servicing and repair" of vehicles; and 3 Planning Board December 10, 2025 WHEREAS, the Applicant stated that the actual use of the Property is as a private auto repair facility; and WHEREAS, the Secretary of the Planning Board 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 Building Inspector issued a memorandum to the Planning Board, dated November 4, 2025, stating that there are no zoning violations on the Property; and WHEREAS, the Planning Board conducted a duly noticed Public Hearing on December 10, 2025; and WHEREAS, the Planning Board, has considered the Applicant's special use permit application, the plans and zoning report, comments and responses to questions by the applicant, the reports and comments of the Building Inspector and Engineer to the Town and any comments by interested members of the public; and WHEREAS, the Planning 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 or the Town of Mamaroneck Environmental Quality Review Act. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board makes findings of fact as follows: A. The proposed use as limited by the conditions set forth herein is in 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. BE IT FURTHER RESOLVED, that this Board GRANTS this application for a special use permit subject to the following terms and conditions: 1. The hours of operation of the facility shall be no greater than 8:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 4:00 p.m. on Saturdays. 2. Petroleum waste shall be removed from the Property by a properly licensed disposer of such material. 4 Planning Board December 10, 2025 3. The operation shall be limited to servicing vehicles. 4. There shall be no parking or storage of any vehicle on the four -foot wide area along the lengths of the Fifth Avenue boundary and of the Valley Place boundary of the Property. 5. There shall be no parking of any vehicle belonging to any employee or customer, nor of any vehicle being serviced, on any sidewalk or elsewhere along Fifth Avenue where local law specifies no parking, whether or not a posted sign so specifies. 6. No car parts or metal shall be stored, even briefly, outside the building except in the properly enclosed refuse containers. 7. This special use permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30B of the Zoning Code of the Town of Mamaroneck. 8. This special use permit shall expire on December 10, 2027. This decision is hereby certified as true and correct shall be filed with the Town Clerk. Application #3 —15 Edgemont Road — Paula Kirby and Peter McWhinnie — Subdivision — Public Hearing Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Approved Greg Lewis of Lewis + Lewis Architects was present to address the Planning Board. Mr. Lewis stated that the only change to the plat was required signatures. Ms. Murray stated for the record that all necessary certifications were received. 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: Approved Motion: To adopt the draft resolution for final subdivision approval, as modified Moved by James Carroll seconded by Ira Block Action: Approved RESOLUTION Final Subdivision Approval 15 Edgemont Road, Town of Mamaroneck, New York On motion of James Carroll, seconded by Ira Block, in connection with a subdivision application by Paula Kirby and Peter McWhinnie, (the "Applicant"), the Planning Board approves the final 5 Planning Board December 10, 2025 subdivision pursuant to the requirements of Chapter 190 of the Town Code of the Town of Mamaroneck (the "Subdivision Law"), upon the following resolution, which was adopted by a vote of 5 to 0 with no abstentions. WHEREAS, the subject property is located at Section 1, Block 5, Lot 140 with a street address of 15 Edgemont Road 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 the Subdivision Law; and WHEREAS, the Applicant has provided all of the information required by the Subdivision Law and the Application was deemed by the Planning Board to be complete; and WHEREAS, the Town Building Inspector issued a memorandum, dated June 3, 2025 (the "Zoning Compliance Memo"), which, based upon review of plans dated April 30, 2025, prepared by Ronald Persaud, LLS for a proposed subdivision at Edgemont Road, he found that the proposed subdivision is zoning compliant for the two lots in a R-10 Zoning District; 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 submitted in connection with this Application (hereinafter referred to as the "Plans"): • "Subdivision Plat prepared by Ronald Persaud, LLS dated April 30, 2025 WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on April 28, 2025, and issued a letter to the Planning Board, dated May 2, 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 June 11 and July 9, 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 Viola Water and any other agency having jurisdiction over the premises (together, the "Necessary Certifications"); and WHEREAS, at the meeting of the Planning Board on July 9, 2025, the Planning Board conveyed to the Applicant its tentative conclusion that the preliminary layout is satisfactory pursuant to Section 190-7 of the Town Subdivision Law; and WHEREAS, on December 10, 2025, the Town Deputy Engineer confirmed that the Necessary Certifications have been secured; and 6 Planning Board December 10, 2025 WHEREAS, a duly noticed public hearing on the final subdivision plat was held on December 10, 2025; 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 and 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; 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. NOW, THEREFORE, BE IT RESOLVED, that approval of the final subdivision is hereby GRANTED with conditions for the subdivision of the Subject Property in accordance with the following: 1. Any development on the new subdivided lot(s) shall require compliance with Chapter 178 of the Town Code (Residential Site Plan Law). 2. Any site work shall be in accordance with the subdivision plat hereby approved and shall comply in all respects with applicable Town, county, state and federal requirements. 3. In the event that any subsequent permits or approvals require any modification to the subdivision plat approved by this resolution, a determination shall be made by the Town Engineer and Town Building Inspector as to whether the modification is substantial and, therefore, must be returned to the Planning Board for its consideration and approval. 4. The Applicant shall arrange a pre -construction meeting with the Town Engineer and Town Building Inspector prior to any site disturbance. 5. 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 successor or assign in/of ownership interest of the Subject Property or any portion thereof. 6. Any and all tree removal, protection and landscape plantings shall be in compliance with the Plans and the Tree Law. 7. No Town permits shall be issued until the Applicant submits proof of recording the final subdivision plat in the land records of Westchester County. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. 7 Planning Board December 10, 2025 Application #4 — 3-3-270 Salem Drive — Smartcon LLC — Residential Site Plan, Tree Removal Permit — Consideration Eliot Senor, P.E., L.S. were present to address the Planning Board on behalf of the applicant. The application is for a new single-family home on a vacant wooded lot, and associated tree removal. Ms. Cooney asked if the home would have a basement and Mr. Senor stated that it likely would, and Ms. Cooney asked if there would be rock removal. Mr. Senor stated that rock removal details would be added to the plans for a future submission. Ms. Aitchison stated that the tree removal application was hard to follow and asked the applicant to present clear, aligned plans for the next submission. The applicant and Planning Board discussed the drainage plans, as well as the height of the proposed house. Mr. Senor said elevations would be added to the plans for a future submission. The application was referred to the Coastal Zone Management Commission. Application #5 — 227 Griffen Avenue - Winged Foot Holding Corp. — Site Plan, Wetlands and Watercourses Permit, Tree Removal Permit — Consideration Joe Cermele, P.E., CFM of KSCJ Consulting, was present to address the Planning Board on behalf of the applicant. The proposed project includes the modification of the rear lot line for 227 Griffen Ave and merging the adjacent vacant parcel with the Club property to increase playable area around the north and east side of Hole 14 on the East Course. As a result of the proposed lot line change and lot merger, the application also proposes modification to the zoning district boundary, which currently follows the rear lot line of 227 Griffen Ave and the vacant lot, to conform to the proposed new lot configuration. The applicant appeared before the Coastal Zone Management Commission and received a favorable consistency determination. Ms. Hochman stated that the applicant would need to appear before the Town Board for approval to modify the zoning district boundary. Motion: To schedule a public hearing Moved by Ira Block seconded by Elizabeth Cooney Action: Approved Application #6 — 851 Fenimore Road, Winged Foot Golf Course - Winged Foot Holding Corp. — Site Plan, Tree Removal Permit — Consideration Joe Cermele, P.E., CFM of KSCJ Consulting, was present to address the Planning Board on behalf of the applicant. This project proposes regrading, reconstructing, and/or adding tee boxes to Holes No. 14 and 15. Improvements will include re -grading the existing tee boxes, in the same general area, to improve overall 8 Planning Board December 10, 2025 layout, visual aesthetics and surface drainage. An additional tee box is proposed to be constructed at Holes 14 and 15 West to lengthen the overall hole layout. Mr. Cermele and the Planning Board discussed the tree removal application, and the Planning Board asked the applicant to provide more information about replanting. The applicant appeared before the Coastal Zone Management Commission and received a favorable consistency determination. Motion: To schedule a public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Approved The Board and Mr. Cermele discussed the SEQR process. Ms. Aitchison stated that both applications would be classified as Type 1, because although they are unlisted actions, they are each within a Critical Environmental Area and the club is listed as a national landmark. Although Mr. Cermele stated that each application is separate, Ms. Hochman suggested that the SEQR review should encompass both applications to avoid any suggestion of impermissible segmentation. Ms. Aitchison requested that the applicant combine the Part 1 Environmental Assessment Form to include both projects. Motion: To declare the Planning Board as lead agency and to instruct staff to send to involved and interested agencies a notice of the Planning Board's intent to be lead agency Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Approved The meeting was adjourned at 9:32 P.M. Minutes prepared by `MA Aid Jami Sheeky, I Planning Board Secretary 9