Planning Commission

Planning Commission Meeting – January 3, 2019 A meeting of the Planning Commission was held on Monday evening, January 3, 2019 at Village Justice Courtroom, 350 North Main Street, Port Chester, NY at 7:00 p.m. with Chairman Peter Coperine presiding. Present in addition to Chairman Coperine were Commissioners Baxter, and Passarelli, Scarola and Summa Also present was Planning Director Eric Zamft, Village Attorney Anthony Cerreto – Assistant Planning Director Daniel Messplay Assistant Planner Adam Pisarkiewicz Village Engineer Vincent Masucci. The meeting opened with a quorum at 7:00 p.m. _______________________________________ Constance R. Phillips Recording Secretary As presented to the Village Clerk: ________________________________ Vita Sileo Deputy Village Clerk Planning Commission Minutes Page 2 January 3, 2019 After the pledge of allegiance, the first item on the agenda was: Minutes Minutes were deferred to the January 28th meeting _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 3 January 3, 2019 Case #2018-0173 – Continued Public Hearing an application submitted by Liborio & Rosa Castillo/Michiel Boender, Architect, on property located at 110 North Main Street, Port Chester, NY known and designated as Section 142.23 Block 1, Lot 6.1 to consider request to: raise existing roof structure to provide habitable space. New 2nd floor to be used as an office, storage, private dining and service kitchen for private dining. On the motion of Commissioner Scarola, which was seconded by Commissioner Passarelli, the Public Hearing was reopened Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x x Scarola x x Summa x Wallach x Correspondence was received from the applicant requesting an adjournment as they continue to resolve the issue of the dumpster in the rear of the property No one from the public spoke for or against this matter On the motion of Commissioner Scarola, which was seconded by Commissioner Baxter, the matter was adjourned to the January 28th meeting. Roll Call Member Motion Second Yes No Abstain Absent Baxter x x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x Wallach x _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 4 January 3, 2019 Case #2018-0181 – Continued Public Hearing an application submitted by Anthony B. Gioffre III of Cuddy & Feder LLP on behalf of 140 Owners LLC for property located at 140 Westchester Avenue, Port Chester, NY known and designated as Section 142.30, Block 2, Lot 65 to consider a request to construct a 1 story 6,885 sq. ft. commercial development with 4 off street parking spaces and an outdoor patio On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Public Hearing was reopened. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x Anthony Gioffre Esq. of Cuddy & Feder represented this matter along with Pierre Sarrazin of Sarrazin Architecture, and Joe Modefieri Engineer Mr. Gioffre began by saying at the end of November a full presentation was made before the Commission and there were a few outstanding items that needed to be addressed. The first item was technical engineering. The applicant has submitted a letter to the Commission stating that all items have been satisfied with the engineering. The second item was a question asked by the commission if the off street parking that is being provided could be limited to employees which the applicant will agree to as a condition of approval. The third item relating to traffic counts. Week day peak traffic counts have been performed and the information has been submitted to the Commission. Weekend peak counts have not been performed as of yet because of the Holiday Season and will be conducted soon. In addition the applicant has obtained the approvals from the Architectural Review Board. Planning Director Eric Zamft said the Commission inquired about the hours of operation for this site and that matter was discussed with the Village Attorney who agreed that those items will be taken care of in the SEQRA Review. In addition, having the access point located where it currently is proposed actually on village property. The Flipping of a parking space requires BOT approval. And the matter should be referred to the Traffic Commission as well. Village Attorney Anthony Cerreto said that the Village Code requires the Commission to review adherence to standards and hours of operation is not a part of the Planning Board’s jurisdiction but in the SEQRA Review those items can be thoroughly explored. This matter will Planning Commission Minutes Page 5 January 3, 2019 be examined in the SEQRA Review under Worse Case Standards which is a restaurant which would carry the heaviest weight. The applicant agreed with that process. Mike Beattie Traffic Engineer said that a peak hour weekend count will be conducted on Saturday and also take a look at the retail generation count which seem low. Village Engineer Vince Masucci said he had six items that needed to be addressed. As of a letter he received from the applicant all items have been addressed and he has no further concerns with the project. No one from the public spoke for or against the application On the motion of Commissioner Baxter, which was seconded by Commissioner Summa, the matter referred to the Board of Trustees and the Traffic Commission Roll Call Member Motion Second Yes No Abstain Absent Baxter x x Coperine x Espinoza x Montesano x Passarelli x Scarola x Summa x x Wallach x On the motion of Commissioner Baxter, which was seconded by Commissioner Summa, the Planning Staff was directed to prepare Resolutions for the next meeting. Roll Call Member Motion Second Yes No Abstain Absent Baxter x x Coperine x Espinoza x Montesano x Passarelli x Scarola x Summa x x Wallach x _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 6 January 3, 2019 Case # 2013-0097 – Continued Public Hearing – SEU Renewal (formerly 2011-0007) Notice is hereby given that the Planning Commission of the Village of Port Chester, New York will hold a PUBLIC HEARING January 3, 2019 at 6:00 pm, at the Court Room, Police Headquarters Building, 350 North Main Street, Port Chester, New York to review an application submitted by Snyder & Snyder, LLP, on behalf of Sprint Wireless Communications on property located at 999 High Street (rooftop), Port Chester, NY known and designated as Section 141.52, Block 1, Lot 2.1 to consider request to renew existing special exception use permit.. Interested parties will be afforded the opportunity to be heard On the motion of Commissioner Scarola, which was seconded by Commissioner Passarelli, the Public Hearing was reopened Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x x Scarola x x Summa x Wallach x David Kenny of Snyder& Snyder represented this matter for Sprint. Mr. Kenny said the application is for a renewal of the special exception use permit for existing antennas atop the aforementioned address. He said the application was last renewed in 2016. Village Engineer Vincent Masucci said that upon his inspection the site has not changed and he has all of the certifications and there are no issues with the site. No one from the public spoke for or against this matter On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Public Hearing was closed. Planning Commission Minutes Page 7 January 3, 2019 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x On the motion of Commissioner Baxter, which was seconded by Commissioner Summa, the Special Exception Use Resolution was approved Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 8 January 3, 2019 Case # 2013-0096 – New Public Hearing Notice is hereby given that the Planning Commission of the Village of Port Chester, New York will hold a PUBLIC HEARING on January 3, 2019 at 6:00 pm, at the Court Room, Police Headquarters Building, 350 North Main Street, Port Chester, New York to review an application submitted by Snyder & Snyder, LLP, on behalf of Sprint Wireless Communications on property located at 167-169 Terrace Avenue (rooftop), Port Chester, NY known and designated as Section 136.63, Block 2, Lot 36 to consider request to renew existing special exception use permit. Interested persons will be afforded the opportunity to be heard. On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the matter Public Hearing was opened Roll Call Member Motion Second Yes No Abstain Absent Baxter x x Coperine x Espinoza x Montesano x Passarelli x Scarola x Summa x x Wallach x David Kenny of Snyder& Snyder represented this matter for Sprint. Mr. Kenny said the application is similar to the previous application and is a renewal of the special exception use permit for existing antennas atop the aforementioned address. He said this application like the previous one was last renewed in 2016. Village Engineer Vincent Masucci said that upon his inspection the site has not changed and he has all of the certifications and there are no issues with the site. No one from the public spoke for or against this matter On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Public Hearing was closed. Planning Commission Minutes Page 9 January 3, 2019 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Special Exception Use Permit was renewed Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 10 January 3, 2019 Case # 2013-0098 – New Public Hearing Notice is hereby given that the Planning Commission of the Village of Port Chester, New York will hold a PUBLIC HEARING January 3, 2019 at 6:00 pm, at the Court Room, Police Headquarters Building, 350 North Main Street, Port Chester, New York to review an application submitted by Snyder & Snyder, LLP, on behalf of Sprint Wireless Communications on property located at 222 Grace Church Street (rooftop), Port Chester, NY known and designated as Section 142.62, Block 1, Lot 28 to renew existing Special Exception Use Interested persons will be afforded the opportunity to be heard. David Kenny of Snyder& Snyder represented this matter for Sprint. Mr. Kenny said the application is for a renewal of the special exception use permit for existing antennas atop the aforementioned address. He said the application was last renewed in 2016. Village Engineer Vincent Masucci said that upon his inspection the site has not changed and he has all of the certifications and there are no issues with the site. No one from the public spoke for or against this matter On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Public Hearing was closed. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x Planning Commission Minutes Page 11 January 3, 2019 On the motion of Commissioner Baxter, which was seconded by Commissioner Summa, the Special Exception Use Resolution was approved Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 12 January 3, 2019 Case #2018-0182 – New Public Hearing Notice is hereby given that the Planning Commission of the Village of Port Chester, New York will hold a PUBLIC HEARING on January 3, 2019 at 7:00 pm, at the Court Room, Police Headquarters Building, 350 North Main Street, Port Chester, New York to review an application submitted by Anthony B. Gioffre III of Cuddy & Feder LLP on behalf of Red Starr Management, L.P. and Haymax Capital, LLC for property located at 285 & 303 Boston Post Road, Port Chester, NY known and designated as Section 142.45, Block 1, Lot(s) 8, 10 & 12 and Section 142.38, Block 1, Lot 1 to consider a request to construct a new parking lot and modify the existing parking area Interested persons will be afforded the opportunity to be heard. On the motion of Commissioner Scarola, which was seconded by Commissioner Passarelli, the Public Hearing was opened. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x x Scarola x x Summa x Wallach x The application was represented by Anthony Gioffre of Cuddy & Feder. Mr. Gioffre said for the record he did submit an affidavit of service with the corrected date as well as the requisite mailing and posting of the sign. Representatives for the applicant are in the audience and Joe Monifiere of JMC Architects will be assisting with the presentation. This is an existing application for the indoor gym facility located at 303 Boston Post Road. This application proposes to amend the off street parking area. This will be parking for the commercial indoor athletic facility which is presently non-conforming. They propose to add additional parking to make the founts compliant with the Code and the needs of the facility. One hundred and one spaces will be added in a vacant area which is behind the Westy’s storage facility and in between the Metro North railroad tracks. The access will be the existing access off the Boston Post Road which currently services the facility. Some of the area will be re-striped to accommodate compact cars. Some answers to questions raised at the Public meeting are as follows: Easements – the applicant owns one side of the road and the shopping center owns the other side of the road and the applicant can only maintain their side of the road. Planning Commission Minutes Page 13 January 3, 2019 Hours of operation – between the hours of 7am and 1am SEQRA – This location is not identified as an archaeological sensitive location. Mr., Modefeiri did reach out to SHPO for clarification and is still awaiting their response. Modifications to the site plan: relocation of the crosswalk; Notes were added to the Grading Plan that related to the slopes in the parking lot; corrections to the table referring to the quantity of plant materials; a loading site(for deliveries) was added to the North end of the site plan although it is not required. Cut Sheets for the lighting and landscape were requested by Planning Staff. The type of trees proposed by the applicant is more than needed in the Village per the tree inventory staff and sigge4sted that the applicant use a different type tree. A list of trees was provided by Planning Staff. Truck turn analysis reviewed by the Traffic consulted indicated that a 40 ft. truck would not be able to navigate the site effectively. Deliveries could be restricted to times when the parking area is least used. The applicant also did a traffic study and concurred with the Traffic Engineer. However they do not anticipate any large truck deliveries. The applicant will adjust the space as required. No one from the public spoke for or against this matter. On the motion of Commissioner Summa, which was seconded by Commissioner Baxter, the Public Hearing was closed. Roll Call Member Motion Second Yes No Abstain Absent Baxter x x Coperine x Espinoza x Montesano x Passarelli x Scarola x Summa x x Wallach x On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the SEQRA Negative Declaration Resolution was approved. Planning Commission Minutes Page 14 January 3, 2019 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x On the motion of Commissioner Summa, which was seconded by Commissioner Scarola, the Site Plan Resolution was approved. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 15 January 3, 2019 Case #2018-0183 – Continued Public Meeting an application submitted by John C. Armentano of Farrell Fritz, PC of behalf of Home Depot for property located at 150 Midland Avenue, Port Chester, NY known and designated as Section 142.61, Block 1, Lot 2 to consider a request for an amendment to Site Plan for seasonal and permanent outdoor storage of materials The supplicant for this matter requested an adjournment to the January 28th meeting. Because this was a Public Meeting no vote was required and the matter was adjourned to January 29, 2019 _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 16 January 3, 2019 Case # 2018-0180 – Continued Public Meeting an application submitted by Aldo Vitagliano, P.C. on behalf of Post Road Iron Works for property located at New Broad Street and William Street, Port Chester, NY known and designated as Section 142.38, Block 1, Lot(s) 1-43 to consider request to: build a 180 multi- family residential unit with 224 parking spaces and related amenities Aldo Vitagliano Esq., Dave Smith and Scott Gance all represented this matter for the applicant Post Road Iron Works. Village Attorney Anthony Cerreto said that he must leave for personal reasons and if the Board had any questions they could ask before the applicant did the presentation. Mr. Cerreto also informed the Board that this matter had been referred to Zoning previously without any direction given to the Board. The applicant did go before Zoning and was subsequently referred back to Planning. Mr. Cerreto suggested that some guidance be given to the applicant before returning back to Zoning because they may be able to reduce their variances significantly. Mr. Vitagliano said they did appear before the Zoning Board at their December meeting and it appears that they will be approved for the rear lot line variance. At that meeting Mr. Vitagliano said he did make a decision to pull the second request for the purpose of clarification. Some items have changed since their last appearance before the Commission and the applicant wants to make sure there is no false representation of the project. It is a larger scale project and they building size has not changed. The largest change from what was initially put before you is the distance needed to stay away from the Metro North train lines and catenary towers. This forced the building to be pushed back and the depth of the building has changed. However, the unit count has not changed. The retail spaces on New Broad Street have now been eliminated and studio apartments are now proposed for that level. Since the last time this matter was before the Commission all necessary reports have also been submitted. A letter from Suez water indicating the off-site improvements they are requesting is also forthcoming. The matter will go back before the Zoning Board in March to obtain the additional necessary variance. Mr. Vitagliano said they are here tonight to see if the Planning Commission needs anything else from them and is also requesting that the matter be referred back to the ZBA for the additional variance. Mr. Messplay said they are back before the Board because our code designates the number of units allowed in a residential building and not the mix. The applicant is looking for general consensus that the Commission is comfortable with the unit mix and not the number of units. This was a concern of the ZBA who wanted the Planning Commission to weigh in on the matter. By getting the consensus up front it will prevent the ping pong affect if the commission was uncomfortable with the unit mix and would have to go back and forth between the two Boards. This matter was also reviewed by the Development Review Committee who shared their feedback on the matter. These comments have been submitted to the Commission and also shared with the applicant. The applicant is working on revising their plans to accommodate the feedback that was provided. Planning Commission Minutes Page 17 January 3, 2019 Traffic Consultant Mike Beattie said that the addition of 50 more parking spaces in the proposed parking garage does not impact the traffic at the site. However the trip distribution that was used for the original study is now different from the Public Parking Garage. Village Engineer Vincent Masucci said that the questions and concerns that he initially had have been addressed by Malone & McBroom On the motion of Commissioner Baxter, which was seconded by Commissioner Scarola, the matter was referred back to the Zoning Board of Appeals. Roll Call Member Motion Second Yes No Abstain Absent Baxter x x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x Wallach x On the motion of Commissioner Coperine, which was seconded by Commissioner Baxter, a Public Hearing was set for February 25, 2019 Roll Call Member Motion Second Yes No Abstain Absent Baxter x x Coperine x x Espinoza x Montesano x Passarelli x Scarola x Summa x Wallach x _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 18 January 3, 2019 Planning Updates and Staff Discussion The Planning staff provided updates to the Commission on the following items Wireless RFP Status Form Based Code Workshop (dates will be circulated to the Commission) Reminder that the January 28th meeting will also include Chairperson Election Adjourn Meeting On the motion of Commissioner Summa, which was seconded by Commissioner Scarola, the meeting was adjourned to January 28, 2019 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x _________________________ Peter Coperine, Chairman Planning Commission Minutes Page 19 January 3, 2019