Loading...
HomeMy WebLinkAbout2025_08_13 Planning Board MinutesPRESENT: MINUTES Planning Board Meeting Wednesday, August 13, 2025 Senior Center —1288 Boston Post Road, Larchmont, NY 10538 7:30 PM Ralph Engel, Chair Ira Block, Board Member Edmund Papazian, Board Member Ron Mandel, Board Member James Carroll, Alternate Board Member ABSENT: Elizabeth Cooney, Vice Chair r ) ALSO PRESENT: CALL TO ORDER Sarah Dunn, Alternate Board Member Elizabeth Aitchison, Environmental Planner Carol Murray, P.E., Deputy Town Engineer Anthony Oliveri, P.E., Consulting Engineer Lisa Hochman, Counsel to the Planning Board Jami Sheeky, Planning Board Secretary 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 July 9, 2025, meeting. Motion: To approve the draft minutes of June 9, 2025, as modified Moved by Edmund Papazian seconded by Ira Block Action: Approved Abstained: Ron Mandel Application #1 — 7 Evergreen Lane — Robert Santangelo — Residential Site Plan, Tree Removal Permit — Public Hearing Adjourned at the request of the applicant. Planning Board August 13, 2025 Application #2 — Trader Joe's, 1262 Boston Post Road — Brixmor Property Group — Special Use Permit Extension — Continued Public Hearing Christie Addona of Silverberg Zalantis LLC, counsel to the applicant, along with a manager of the store, were present to address the Board and provide an overview of the application for a Special Use Permit Extension. Ms. Addona stated that Trader Joe's has removed the rubbish at the rear of the property and corrected the internal exit signs from the Assistant Building Inspector, Joseph Russo. The Planning Board and applicant discussed the proposed changes in the delivery times. 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 Opposed: James Carroll Action: Approved Motion: To adopt the draft resolution as modified Moved by Ira Block seconded by Edmund Papazian Opposed: James Carroll Action: Approved RESOLUTION Extension of Special Use Permit Trader Joe's East, Inc. — 1262 Boston Post Road Town of Mamaroneck, New York On motion of Ira Block, seconded by Edmund Papazian, the special use permit extension application of Trader Joe's East, 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 4 to 1, with no abstentions. (James Carroll opposed) WHEREAS, on April 8, 1998, the Applicant was awarded a special use permit for use of the premises (the "Premises") at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Lot 192 (the "Property") as a Trader Joe's supermarket in the B-R zoning district (the "Special Use Permit"); and WHEREAS, Section 240-30.C(3) of the Town Code lists supermarkets as a specially permitted use in the B-R zoning district; and WHEREAS, the Special Use Permit was expired on July 10, 2025; and 2 Planning Board August 13, 2025 WHEREAS, after publication of notice, the Planning Board held a public hearing for the Application on July 9, 2025 which was continued on August 13, 2025; and WHEREAS, the Building Inspector issued a memo dated August 5, 2025, which stated that there are no zoning violations against the Premises; and WHEREAS, the Planning Board Secretary stated that any/all required referrals were made pursuant to the New York State General Municipal Law and Section 240-61.E of the Town Zoning Code; and WHEREAS, the Planning Board has considered the Application, the plans submitted by the Applicant, comments and responses to questions by the Applicant, any reports and comments of the Town staff and the Town's Consulting Engineer and heard any interested members of the public; and WHEREAS, the Application is Type II pursuant the Section 92-8(16) Town Code and thus no further environmental review is required pursuant to the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act; and WHEREAS, Section 240-64 of the Town Code states: "All special permits shall be issued for a period of no more than two years, and, upon the expiration of the two-year period, the applicant must apply for an extension of the special permit and demonstrate that there has been no change in circumstances in the area which would require the Planning Board to deny such extension" and WHEREAS, Section 240-62 of the Zoning Code of the Town of Mamaroneck provides that the Planning Board shall not grant a special permit unless it determines the standards stated therein have been met. 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. That the proposed use, as so limited, 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, as so limited, will be in hannony 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 Chapter 240 of the Town Code on the Property. E. The Applicant has demonstrated that there has been no change in circumstances in the area which would require the Planning Board to deny extension of this special use permit. 3 Planning Board August 13, 2025 BE IT FURTHER RESOLVED, that this Board APPROVES the application of the Applicant for Extension of its Special Use Permit for the continued use of the premises as a supermarket subject to the following terms and conditions: 1. The hours of operation shall not be in excess of 8:00 a.m. to 10:00 p.m. seven (7) days a week. 2. The Applicant shall be responsible for the proper maintenance of the garbage dumpsters used in connection with its business operations and shall comply with any and all directives with respect thereto issued by the Town Building Inspector. 3. No vehicles operated by, for the benefit of or under the control of the Applicant shall enter or leave the Property by way of the Larchmont Acres parking lot or Burton Road. 4. Access to all exits from the store, including, without limitation, the rear emergency exits shall be totally unobstructed, inside and outside the building, at all times. 5. The pathway next to and behind the store, including the stairs leading from it, and the area between the stairs and the garbage compactor, shall remain free and clear of all objects at all times, even temporarily, shall be totally unobstructed at all times, shall be kept free of snow and ice as if it were a sidewalk, and shall have nothing hanging from its railing. 6. This Special Use Permit Extension shall expire on July 10, 2027. 7. This Special Use Permit Extension is subject to the requirements set forth in Chapter 240, Article IX and the use restrictions set forth in Section 240-30 of the Town Code. 8. Deliveries by trucks shall be permissible seven (7) days per week but shall be restricted to between the hours of 9:30 am and 8:00 pm. As soon as all perishables have been removed from delivery trucks, such truck shall vacate the Property or such truck, including including refrigeration, shall be turned off. This Resolution is hereby certified and shall be filed with the Town Clerk. Application #3 — McGuire's Service Corp., 626 Fifth Avenue LLC — Special Use Permit Extension — Public Hearing Jim Santoro, Operations Manager for the applicant was present to address the Planning Board and stated that there are no changes to the proposed use. Motion: To open the public hearing Moved by Ira Block seconded by Ron Mandel Action: Unanimously approved There were no questions or comments from members of the public. 4 Planning Board August 13, 2025 Motion: To close the public hearing Moved by Ira Block seconded by James Carroll Action: Unanimously approved Motion: To adopt the draft resolution as modified Moved by James Carroll seconded by Ira Block Action: Unanimously approved RESOLUTION Extension of Special Use Permit 626 Fifth Avenue, Town of Mamaroneck, New York On motion James Carroll, seconded by Ira Block, the application of McGuire's Service Corp. (the "Applicant") for approval of an extension of the applicable 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 submitted an application for the extension of its special use permit for continued use of the premises at 626 Fifth Avenue, Larchmont, NY, and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 32, Lot 61, as a contractor's establishment (the "Property"); and WHEREAS, the Applicant seeks to continue to use the Property as a contractor's establishment in a SB- R zoning district; and WHEREAS, the prior special use permit applicable to the Property expired on July 11, 2025; and WHEREAS, Section 240-31.B.6 of the Zoning Code of the Town of Mamaroneck (the "Town Zoning Code") lists "Contractors' Establishments" as a specially permitted use in the SB-R zoning district; and WHEREAS, a duly noticed public hearing was held on August 13, 2025; and WHEREAS, the Building Inspector issued a memo dated August 5, 2025, which stated that there are no zoning violations against the Property; and WHEREAS, the Planning Board Secretary stated that any/all required referrals were made pursuant to the New York State General Municipal Law and Section 240-61.E of the Town Zoning Code; 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 no change in use is proposed; and WHEREAS, the Planning Board determined that there has been no change in circumstances in the area which would require the Planning Board to deny the requested extension; and 5 Planning Board August 13, 2025 WHEREAS, the Planning Board has considered the application for the extension of the special use permit, the plans submitted by the applicant, comments and responses to questions by the Applicant, the reports and comments of Town of Mamaroneck staff and consultants and heard any interested members of the public; and WHEREAS, this is Type 1I action pursuant to SEQRA and MEQR requiring no additional environmental review; and WHEREAS, Section 240-62 of the Town Zoning Code provides that Planning Board shall not grant a special permit unless it determines the standards stated therein have been met. NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: A. The proposed use of the Property. 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 extension will be no more objectionable to nearby properties by reason of noise, fumes, and 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 use of the Property in compliance with the Special Use Permit extension 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. There are no existing violations of the Town Zoning Code on the Property. E. The Applicant has demonstrated that there has been no change in circumstances in the area which would require the Planning Board to deny extension of this special use permit. BE IT FURTHER RESOLVED, that this Board APPROVES the application of McGuire's Service Corp. for the extension of the previously awarded Special Use Permit for the use of the Property as a contactor's establishment, subject to the following terms and conditions: 1. The hours of operation shall be from 6:30 a.m. to 5:00 p.m. Monday through Friday, and on Saturday and Sunday, open from 8:00 a.m. until 2:00 p.m. 2. There will be no on -site servicing of vehicles or equipment. 3. There shall be no on -site storage of noxious or hazardous materials. 4. This special use permit extension shall expire on July 11, 2027. 5. Landscaping shall be maintained in accordance with approved plan on file. 6 Planning Board August 13, 2025 6. This Special Use Permit extension 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 Zoning Code. This decision is hereby certified and shall be filed with the Town Clerk. Application #4—1-16-450 Seton Road — JAF Builders Corp. — Residential Site Plan, Tree Removal Permit — Continued Public Hearing Fred Grippi, architect for the applicant, was present to address the Planning Board and presented a shadow study. Mark Kramer, resident, inquired about the shadow study. The Planning Board and staff discussed the process of a challenge to the determination of zoning compliance by the Building Inspector, which would require an application to the Town's Zoning Board of Appeals. The public hearing remains open. Application #5 — 59 Myrtle Blvd. — Form Tec USA LLC — Residential Site Plan — Continued Public Hearing Michael Charitou, applicant, and Andrew Zimmerman, architect for the applicant, were present to address the Board and provided an overview of the proposed single-family home. Mr. Engel asked if an extension had been granted by the Zoning Board of Appeals for the variances granted, and the applicant stated that it had. Ms. Aitchison stated that the plan set did not show the third tree to be removed, and Mr. Zimmerman stated that an updated plan would be submitted. 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: Unanimously approved Ms. Hochman asked if all required referrals had been made, and Ms. Sheeky stated they had. Motion: To adopt the draft resolution as modified Moved by Edmund Papazian seconded by Ron Mandel Action: Unanimously approved 7 Planning Board August 13, 2025 RESOLUTION Approval of Residential Site Plan and Tree Removal Application 59 Myrtle Blvd. Town of Mamaroneck, New York On motion of Esmund Papazian, seconded by Ron Mandel, the residential site plan and tree removal applications of Form Tec USA LLC, (the "Applicant") were 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 has applied for residential site plan approval pursuant to Chapter 178 of the Town of Mamaroneck Town Code (the "Residential Site Plan Law") to construct a single-family house and to remove three (3) trees at property located at 59 Myrtle Blvd., Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 24, Lot 573 (the "Property"); and WHEREAS, the Applicant has submitted applications pursuant to Chapters 178 and 207 of the Town Code (the "Residential Site Plan Law" and the "Tree Law", respectively); and WHEREAS, pursuant to the Tree Law, because the Applicant seeks residential site plan approval, the Planning Board is the approving authority for the Applicant's tree removal permit; and WHEREAS the Applicant has provided all of the information required by the Residential Site Plan Law and the Tree Law and both applications were deemed by the Planning Board to be complete; and WHEREAS, the Town's Environmental Planner issued a memo to the Planning Board, dated August 7, 2025 (the "Environmental Planner's Memo"), which sets forth the number, type and diameter of the trees to be removed as well as the total number of required replacement trees pursuant to the Town Tree Law and the number of replacement trees proposed by the Applicant; and WHEREAS, on August 13, 2024, the Secretary of the Planning Board stated for the record that any and all required referrals were made in accordance with the Residential Site Plan Law, the Tree Law and the New York State General Municipal 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 submitted in connection with the proposed action (hereinafter referred to as the "Plans"): • Property Survey prepared by Vincent Teutonico, L.S., dated January 29, 2025; • Plan set entitled "New Single Family Residence at 59 Myrtle Boulevard" prepared by Andrew Zimmerman, RA, dated May 21,2025; • Plan set entitled "Proposed Residential Improvement Site Plan", prepared by David A. Goessl, PE, dated April 10, 2025, last revised July 28, 2025; • Landscape Plan prepared by Andrew Zimmerman, RA, dated May 21, 2025; and • Tree Evaluation Report, prepared by Michal J. Nowak, dated July 24, 2025. 8 Planning Board August 13, 2025 WHEREAS, the Town Building Inspector issued a memorandum, dated August 5, 2025 (the "Zoning Compliance Memo"), which found the plans to be zoning compliant; and WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the proposed action at its meeting on June 23, 2025 and issued a letter to the Planning Board, dated July 1, 2025 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS, the Planning Board finds that the proposed action conforms to the standards and requirements of the of the Residential Site Plan Law; and WHEREAS the Environmental Planner's Memo recommends that the Planning Board approve the Applicant's tree permit; and WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing on July 9, 2025, which continued on August 13, 2025; and WHEREAS, the Planning Board has considered the proposed action, including the herein specified Plans, comments and responses to questions by the Applicant and its representatives, the Zoning Compliance Letter, the CZMC Letter, the Environmental Planner's Memo, the reports and comments of its staff and consultants, including the Town's Environmental Planner and the Town's Consulting Engineer, and heard and considered comments from interested members of the public; and WHEREAS, the Planning Board agrees with the recommendations of the Environmental Planner with respect to the number, type and diameter of the trees to be removed as well as the total number and type of required replacement trees to be planted on site; 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 the Planning Board hereby adopts the recommendations of the Environmental Planner, and APPROVES the Applicant's tree removal application, as reflected in and in conformance with the Plans, and subject to the terms and BE IT FURTHER RESOLVED, that the Planning Board hereby APPROVES the Applicant's residential site plan for the Property as reflected in and in conformance with the herein specified Plans, subject to the terms and conditions enumerated below: Conditions: 1. All site work, including tree removal, if any, 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. 9 Planning Board August 13, 2025 2. The Applicant shall submit the final plans to the Town Building and Engineering Departments for review and approval prior to the granting of any building permits. 3. Any and all applicable county, state, federal and/or regional perniits 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 and the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer 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 and Town Engineer 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 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, trees, 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. 10 Planning Board August 13, 2025 12. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 13. 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. 14. If there is to be any mechanical rock removal on the Property, the Applicant shall comply with Section 106-58.1 of the Town Code (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. 15. 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. • 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. • 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. 16. All tree removal, protection and landscape plantings shall be in compliance with the Plans, and the Tree Law (as such terms are defined herein). 17. The tree removal permit resulting from approval of the tree removal application granted hereby shall be valid for two years from the date of the tree permit issuance and may be extended in accordance with the Tree Law for up to an additional two years only if a renewal application is submitted in accordance with the Town Tree Law prior to the expiration of the tree removal permit. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. Application #6 — 398 Weaver Street — Six25 Concierge 11 LLC — Residential Site Plan, Wetlands and Watercourses Permit, Tree Removal Permit — Public Hearing Pierre Sarrazin, the applicant's architect, Shay Graham, the applicant's engineer and William Kenny, the applicant's landscape architect, were present to address the Board and gave an overview of the project which proposes a new single-family dwelling. Mr. Sarazin stated that plans had been updated to show a change in the proposed driveway, landscaping and engineering. Mr. Engel asked if engineering comments had been addressed and Mr. Oliveri stated they had. Motion: To open the public hearing 11 Planning Board August 13, 2025 Moved by Ron Mandel seconded by James Carroll Action: Unanimously approved Ruth Gyure, resident, expressed concerns about flooding, tree removal and tree conservation. Mark Kramer, resident, inquired about the flood gates being installed. The public hearing remains open. Application #7 — 25 Stonewall Lane — Tony Gao and Chen Di — Residential Site Plan, Tree Removal Permit — Consideration Tony Gao, homeowner and applicant, Anthony Nanna, architect, and Ines McAdam of Montana Contracting were present to address the Planning Board and provide an overview of the project which proposes a new single-family dwelling. The Planning Board and staff requested that the applicant make sure all drawings included in future submissions align, and that a topographic survey be provided as per the Residential Site Plan Checklist. Mr. Engel requested that the applicant resubmit their tree removal plan to reflect more replacement trees to be planted. The Planning Board referred the application to the Coastal Zone Management Commission. Other Business: The Planning Board and staff discussed a July 18, 2025 memo to the Planning Board submitted by William Maker, Jr., Town Attorney regarding a proposed amendment to the Town Zoning Code, entitled "Waiver of Fees for Renewing Variances or Site Plan Approvals or Wetlands Permits" law. Board members expressed that the proposed law should not be limited to municipal agencies; it should also be applicable to state and federal agencies and also in the case of private insurance. Ms. Hochman questioned whether there would be corresponding language in the Town Wetlands & Watercourses, Commercial Site Plan and Residential Site Plan laws (Chapters 114, 177 and 178). Motion: To recommend approval of the proposed local law entitled "Waiver of Fees for Renewing Variances or Site Plan Approvals or Wetlands Permits" law, with specified suggestions Moved by James Carroll seconded by Ron Mandel Action: Unanimously approved Ms. Hochman stated that she will coordinate with Ms. Sheeky to ensure that the Planning Board's recommendation and suggestions will be communicated to Mr. Maker pursuant to Section 240-92.B of the Town Code. 12 The meeting was adjourned at 9:54 P.M. mutes prepar . by Jami Sheeky, Planning Board Secretary Planning Hoard August 13, 2025 13 1.