Planning Commission Meeting March 28, 2016

Transcription

1 Planning Commission Meeting A meeting of the Planning Commission was held on Monday evening,, at Village Justice Courtroom, 350 North Main Street, Port Chester, NY at 7:00 p.m. with Chairman Gregg presiding. Present in addition to Chairman were Commissioners Bater,,, Scarola and Summa. Also present were Eric Zamft Planning Director, David Kinney Assistant Village Attorney, Dolph Rotfeld Village Engineer and Andrea Sherman Assistant Planner. The meeting opened with a quorum at 7:00 p.m. Constance R. Phillips Recording Secretary As presented to the Village Clerk: David Thomas Village Clerk

2 Page 2. Planning Updates Planning director Eric Zamft provided the Commission with the following updates: Mr. Zamft said that he would like to share with the Commission a few things that are happening in the Planning Department. There are a couple if items that will come up later in the discussion section of the meeting; items that were at or still at the Board of Trustees that require input from the Commission. Capitol Theatre Rezoning Petition The Board of Trustees has deferred it to the Planning Commission for review and recommendations. A Public Hearing on the matter is scheduled for April 18, Port North Rezoning This will be the 2 nd Board of Trustees Public Hearing. The Planning Commission commented on this matter at the January meeting. The matter will have a Public Hearing after which they will come back with a Site Plan submission. G&S Zoning This matter will be on the Board of Trustees agenda also, however this is not a matter the Planning Commission has to involve itself with. If the rezoning is granted, the Board of Trustees ultimately would do the approvals but there would be some interaction with the Planning Commission. There are other items that we have talked about in our workshops that we will discuss later, i.e., wireless, burying wires etc. Gregg, Chairman

3 Page 3 The first item on the regularly scheduled agenda was the approval of the minutes of the Planning Commission meetings for: February 29, 2016 On the motion of Commissioner Summa, which was seconded by Commissioner Scarola, the minutes were approved. Bater Scarola Summa Gregg, Chairman

4 Page 4 Case # Continued Public Hearing an application submitted by John Colangelo, Esq. on behalf of Criss Grove Street on property located at 70 Grove Street, Port Chester, NY known and designated as Section , Block 1, Lot 5 to consider request for: To legalize the epansion of a legally non-conforming auto repair garage in the R2F District which includes additional bay, second floor office space and storage On the motion of Commissioner, which was seconded by Commissioner Summa the Public Hearing was reopened. Bater Scarola Summa John Colangelo, Esq. represented this application. Mr. Colangelo began by saying as requested they were able to have Mr. Alberto Sanchez present this evening. He is the tenant who owns the business in the rear garage at 70 Grove Street. He has been a tenant there for approimately 15 years with no record of any violations. It is a very small operation. Mr. Sanchez said the hours of operation are Monday through Friday from 8am to 6pm and a half day on Saturday. Mr. Colangelo said Mr. Sanchez rents a property across the street which can house 3 to 4 cars. This is to allow parking for the tenants who live at the 70 Grove Street residence. In addition Mr. Sanchez rents 2 or 3 parking spaces from the property adjoining his on the right rear side of the property. This allows for Mr. Sanchez to easily move cars off the property when necessary. Mr. Sanchez concurred with Mr. Colangelo s summation of the operation. Mr. Sanchez said there are four bays inside the garage however there are no more than three cars inside at any given time. There are two doors that open depending on the size of the cars. On one side of the garage is a lift and the other has a small spray booth which has been licensed by the county. No one from the public spoke for or against the application.

5 Page 5 On the motion of Commissioner Scarola which was seconded by Commissioner the Public Hearing was closed. Bater Scarola Summa On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Planning Director was instructed to prepare resolutions for the April 25, 2016 meeting. Included in the resolution should be the hours of operation and scheduling. Bater Scarola Summa Gregg, Chairman

6 Page 6 Case # Continued Public Meeting an application submitted by Anthony Gioffre III of Cuddy & Feder, LLC on behalf of VLS Realty Associates, LLC on property located at Boston Post Road, Port Chester, NY known and designated as Section , Block 1, Lots 3 & 3.1 to consider request to: Construct a two story retail and office use building and related parking behind the eisting gasoline station and restaurant. On the motion of Commissioner, which was seconded by Commissioner Scarola the Public Hearing was opened. Bater Scarola Summa Anthony Gioffre, Esq. of Cuddy and Feder, LLC represented this matter for VLS Realty Associates. Brian Dempsey, Traffic Engineer from TRC Engineering Services was also present and sworn in before giving testimony. Mr. Gioffre said this application is to develop the rear portion of the building which is behind the eisting Sunoco gas station. Initially the application was 25% larger but the application before you tonight is for a building that is 14,999 sq. ft. which will be utilized for office and retail space. This application has appeared before the Zoning Board of Appeals and received the requested variances. The application before the Commission is now a fully conforming Site Plan application. Last month the Commission had questions regarding the traffic, Mr. Dempsey is here tonight to answer the Commission s questions. There were comments received from Mr. O Rourke of Adler Consulting that were just received this afternoon and additional discussions will be held among the two consultants. Late last week and additional Engineering memo was received from the Village Engineer Dolph Rotfeld. There have been communications with Mr. Rotfeld s office and will be addressed later. Planning Director Eric Zamft said that last time there was a question about getting NY State DOT into the loop. The Planning Department and Mr. Dempsey have individually reached out to them and to date no response has been received from the DOT but all are continuing to work on that portion. Mr. Dempsey concurred on this matter.

7 Page 7 Mr. Dempsey continued by saying that he has reviewed the report from Mr. O Rourke and they are in agreement on some items and other warrant further discussion. The report was broken into several categories: Section A: Analysis Section B: Ingress and Egress Striping and signage will be added to the site plan Pedestrian Crosswalk and Signage will also be added to the Site Plan Section C: Emergency Vehicle Access Mr. O Rourke of Adler Consulting said that Mr. Dempsey didn t omit anything on his overview, and eplained the reasoning behind some of the areas of disagreement. The Commission also engaged in a brief discussion and question and answer period No one from the public spoke for or against this application. On the motion of Commission Scarola, which was seconded by Commissioner Bater, the Public Hearing was adjourned to April 25, 2016 Bater Scarola Summa Gregg, Chairman

8 Page 8 Case # New Public Hearing ( ) an application submitted by Anthony Gioffre, Esq. of Cuddy & Feder LLP on behalf of New Cingular Wireless PCS, LLC (AT&T), on property located at 411 Westchester Avenue, Port Chester, NY known and designated as Section , Block 1, Lot(s) 51 to consider a request to: Upgrade eisting wireless telecommunications facility on rooftop of eisting building which is inclusive of required Special Eception Use permit. On the motion of Commissioner, which was seconded by Commissioner Scarola, the Public Hearing was opened. Bater Scarola Summa Anthony Gioffre Esq. of Cuddy & Feder represented this application for New Cingular Wireless PCS, LLC (AT&T). Mr. Gioffre began by saying that AT&T has an eisting installation on the rooftop of 411 Westchester Avenue along with a number of other carriers. AT&T s eisting facility is proposed to be upgraded by replacing of 3 antennas and adding 3 remote radio head units. Last month the Commission asked Mr. Gioffre to reach out to Ron Graiffe the Village s wireless consultant to verify the results of the submitted cumulative emissions report. Mr. Graiffe s report has been received and he confirmed the emissions analysis prepared by AT&T. is accurate and in compliance. The replacement antennas will be painted to match the colors of the building. A site visit was done by Village Engineer Dolph Rotfeld and it was determined that a step over bridge had not been corrected; however the bridge was not part of an AT&T site plan approval. (bridge belongs to Sprint). There were two lighting issues but not a major concern per Mr. Rotfeld. His concern was more with the handrail (Sprint). Public Stan Sheppard, 410 Westchester Avenue (Wellington Greene)

9 Page 9 had questions about the antennas; Where they face and which ones are they because there are many antennas up there? Mr. Sheppard was also concerned with emissions, size of the antennas and color matching. No one else from the public spoke for or against the application. On the motion of Commissioner, which was seconded by Commissioner Scarola, the Public Hearing was closed. Bater Scarola Summa On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Site Plan Approval with conditions was approved. (color) Bater Scarola Summa

10 Page 10 On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Special Eception Use Permit was approved. Bater Scarola Summa On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the SEQRA Negative Declaration Approval Resolution was approved. Bater Scarola Summa Gregg, Chairman

11 Page 11 Case # New Public Meeting an application submitted by James McTigue for Mary Lou Cassone (Cassone Bakery), on property located at 202 South Regent Street, Port Chester, NY known and designated as Section , Block 2, Lot(s) 46 to consider request to: replace old compactor in front of building with new recyclable bakery waste compactor, and to obtain a Certificate of Occupancy for the store James McTigue, licensed surveyor for Cassone Bakery represented the application. Mr. McTigue started by saying the bakery is looking to change out a piece of recycling equipment in the front of the building. Also there is a small retail store in the corner of the building that was never issued a Certificate of Occupancy and they are working to obtain that Certificate as well. The bakery has been around approimately 100 years and has always had some type of retail component. At one time it was zoned for retail but still never obtained a C of O. The zone was later changed to a C4 therefore creating the need for a variance. The recycle unit is a self-contained unit which is filled from inside the building. No materials can be added from the outside of the building; it has a container bo that is removed and hauled to an off-site Planning Director Eric Zamft said the main issue here is that the applicant needs a variance for parking and a use variance for non-conforming retail. a variance is needed for 72,000 sq. ft. On the motion of Commissioner Bater, which was seconded by Commissioner, the matter was referred to the Zoning Board of Appeals. Bater X X Scarola Summa Gregg, Chairman

12 Page 12 Case # New Public Meeting an application submitted by Charles Gottlieb Esq. of Cuddy & Feder LLP for Chicken Masters of Port Chester (Wingstop) on property located at North Main Street Port Chester, NY known and designated as Section , Block 1, Lots 18 to consider request to: convert eisting retail space to restaurant space with seating. Charles Gotlieb of Cuddy & Feder represented this application for Chicken Masters LLC also known as Wingstop Restaurants. Mr. Gotlieb said there is no additional land use proposed for this application. Wingstop is a national restaurant seeking to establish its first restaurant in Westchester. It will be located in the rear of the building located at North Main Street which fronts Abendroth Avenue. The building was previously approved in 2012 for retail and commercial restaurant use. Mr. Gottlieb said that in addition to himself representing the application, present with him are: Brian Robinson of Wing Stop Restaurant Pierre Sarrazin of Sarrazin Architects Neil Pagano owner of the property Anthony Gioffre of Cuddy and Feder The application is a mere change of tenancy and all of the items and engineering issues that were approved in 2012 will remain unchanged. There are no current site engineering issues. There will only be interior alterations. Mr. Sarrazin gave a brief overview of the project saving the major details for the Public Hearing. He also stated there will be 54 patrons in the dining area and 8 patrons in the outdoor seating area On the motion of Commissioner which was seconded by Commissioner the matter was referred to the Zoning Board of Appeals Bater Scarola Summa

13 Page 13 On the motion of Commissioner Scarola, which was seconded by Commissioner Summa a Public Hearing was set for April 25, 2016 Bater Scarola Summa Gregg, Chairman

14 Page 14 Case # New Public Meeting an application submitted by Anthony R. Tirone Esq. for BarTaco Port Chester LLC, on property located at 1-11 Willett Avenue, Port Chester, NY known and designated as Section , Block 2, Lot(s) 16 to consider request to: obtain Final Site Plan Approval for eisting Restaurant which has been operating with a temporary Certificate of Occupancy. Anthony Tirone Esq. represented this matter on behalf of Bar Taco Port Chester LLC. In addition to Mr. Tirone, in attendance was Scott Lawton co-founder and operator of Bar Taco, Rocco DeLeo co designer of in house engineering, Michiel Boender architect for the project, and Tav Passerelli owner of the property. Mr. Tirone began by saying the application is to legalize the facility which has been in place since Prior to that it was under a different ownership. The facility is currently operating with full compliance with building and code and fire safety. The application needs sight plan approval for the operating restaurant. In addition the application needs a referral from the Planning commission to the Zoning Board of Appeals for several variances. SEQRA Determination of Significance (Planning Commission) Area and Loading Variances (Zoning Board of Appeals) Site Plan approvals (Planning Commission) Mr. Tirone said there is a potential net step to this application which will require Board of Trustee approval along with the Mariner for an alleyway that runs adjacent to the two properties and convert the public access that runs along the waterway into a promenade. This will comply with the Villages objective to have a waterfront walkway. On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the matter was referred to the Zoning Board of Appeals Bater Scarola Summa

15 Page 15 On the motion of Commissioner Bater, which was seconded by Commissioner Scarola, a Public Hearing was set for April 25, 2016 Bater Scarola Summa Gregg, Chairman

16 Page 16 Staff Discussion Capitol Theatre Rezoning Petition The Board of Trustees has deferred it to the Planning Commission for review and recommendations. A Public Hearing on the matter is scheduled for April 18, This matter proposes to remove the parking requirements for cabaret and establishments like that. There will be a planned walk around with a village retained consultant to look at parking issues in the downtown. A report will be provided back to the Board of Trustees which in turn will be given to the Planning Commission for consideration and comment. This is a small part of a larger issue which is parking and mobility. Mariner Burying of the Wires The Planning department has drafted some language for the Commission to suggest to the Board of Trustees that looking at various aspects of burying the wires. If the Commission is agreeable with the language it will be finalized and sent to the Board of Trustees on the planning commission s behalf. Planning Commission Workshop A very productive workshop was held with regard to wireless applications and the code. More work is needed and additional workshops will be held. Gregg, Chairman

17 Page 17 Adjourn Meeting On the motion of Commissioner, which was seconded by Commissioner Bater, the meeting was adjourned to April 25, Bater Scarola Summa Gregg, Chairman

18 Page 18