Planning Commission
Regular MeetingPort Chester, NY · January 28, 2019
Minutes
Planning Commission Meeting – January 28, 2019
A meeting of the Planning Commission was held on Monday evening, January 28, 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, Espinoza,
Montesano, Passarelli, Scarola and Summa
Also present was Planning Director Eric Zamft, 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 28, 2019
After the pledge of allegiance, the first item on the agenda was:
Minutes
October 29, 2018
On the motion of Commissioner Scarola, which was seconded by Commissioner Baxter, the
minutes of the October 29, 2018 meeting were approved.
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 3
January 28, 2019
Minutes
November 26, 2018
On the motion of Commissioner Baxter, which was seconded by Commissioner Montesano, the
minutes of the November 26, 2018 meeting were approved.
Roll Call
Member Motion Second Yes No Abstain Absent
Baxter x x
Coperine x
Espinoza x
Montesano x x
Passarelli x
Scarola x
Summa x
Wallach x
_________________________
Peter Coperine, Chairman
Planning Commission Minutes
Page 4
January 28, 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 Baxter,
the Public Hearing was reopened
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
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 Summa,
the matter was adjourned to the February 25th meeting.
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 5
January 28, 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 Baxter,
the Public Hearing was reopened.
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
Anthony Gioffre Esq. of Cuddy & Feder represented this matter along with Pierre
Sarrazin of Sarrazin Architecture, and the applicant Howie Ravikoff was in the audience.
Mr. Gioffre began by saying the last time they were before the Commission they had a
couple of items to address that relates to an on street parking space that is municipally owned
and the applicant was seeking relocation of that space and we needed to appear before the Traffic
Commission and the Board of Trustees.
Just before they appeared before the Traffic Commission it was learned that engineering
and space from a fire hydrant on the sidewalk prevented the space from being removed because
of the distance to the hydrant. A variety of alternatives were looked at and unfortunately the best
plan is to eliminate the space. The Traffic Commission adopted a resolution in support of
eliminating the space. Subsequently the matter was brought before the Board of Trustees and
they were also in favor of eliminating the space. Those were the only two items that were
remaining from the last meeting.
Planning Director Eric Zamft said the Commission also had some concerns with regard to
the Traffic Count which seemed a bit low.
Mike Beattie Traffic Engineer said they looked at the trip generation for retail use and
restaurant use is the most critical, and would generate the most traffic. A new weekday PM and
Saturday count was observed at the Broad Street and Westchester Avenue intersection. A new
Planning Commission Minutes
Page 6
January 28, 2019
truck turning template was also submitted for trucks entering the driveway. The original plan had
trucks crossing over spots in this version they have marked out the one space that is no longer a
parking space and that space can be used to assist the trucks safe passage
Mr. Zamft Planning Director said the Village Engineer Vince Masucci 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 Scarola,
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 x
Summa x
Wallach x
Planning Director Eric Zamft said that at a previous meeting the Commission was
concerned about the hours of operation. The SEQRA resolution addresses the concerns and treats
the matter as a ‘worst case scenario” for compliance
On the motion of Commissioner Scarola, which was seconded by Commissioner Summa,
the SEQRA 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
Planning Commission Minutes
Page 7
January 28, 2019
On the motion of Commissioner Baxter, which was seconded by Commissioner
Montesano, the Site Plan Resolution was approved.
Roll Call
Member Motion Second Yes No Abstain Absent
Baxter x x
Coperine x
Espinoza x
Montesano x x
Passarelli x
Scarola x
Summa x
Wallach x
_________________________
Peter Coperine, Chairman
Planning Commission Minutes
Page 8
January 28, 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 February 25thth meeting
while they continue to work with Village staff on outstanding issues. Because this was a Public
Meeting no vote was required and the matter was adjourned February 25, 2019
_________________________
Peter Coperine, Chairman
Planning Commission Minutes
Page 9
January 28, 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
The applicant has requested an adjournment of this mater while they appear before the
Zoning Board of Appeals. At a previous meeting a Public Hearing was set for this matter for
February 25th.
In order to get a better perspective on traffic at the intersection near the site, the
Commission was polled and decided to meet at Broad Street and William Street to observe traffic
conditions
_________________________
Peter Coperine, Chairman
Planning Commission Minutes
Page 10
January 28, 2019
Case # 2019-0185 –New Public Meeting
Notice is hereby given that the Planning Commission of the Village of Port Chester, New
York will hold a PUBLIC MEETING on January 28, 2019 at 7:00 pm, at the Court Room, Police
Headquarters Building, 350 North Main Street, Port Chester, New York to review a site plan and
special exception use permit application submitted by Anthony B. Gioffre III of Cuddy & Feder
LLP on behalf of Tarry Lighthouse – EJ Port Realty LLC on property located at 175, 179 North
Main Street & 20 Abendroth Avenue Port Chester, NY known and designated as Section
142.23, Block 2, Lots 25, 27 & 28 to consider request to: Demolish existing structures and
surface parking lot in order to construct a new mixed use building containing residential
units, retail and associated parking spaces.
The case was not heard as a Public Meeting because there was a discrepancy in the Sign
Noticing. The applicant was allowed to introduce the project but no action could be taken
because of the faulty notice.
An overview of the project was presented by Anthony Gioffre Esq. of Cuddy & Feder.
Mr. Gioffre began by saying their Sign had an incorrect date and was corrected as soon as it was
brought to their attention. However the notices that were sent to the surrounding neighbors had
the correct date. Mr. Gioffre said they will provide an introduction to the project tonight after
which they will be going to make an application to the Zoning Board of Appeals because there
are substantial variances that sre needed as part of this application. The matter also needs to go
before the Waterfront Commission and then come back before the Planning Commission for a
formal public meeting, site plan and special exception approvals.
The premises consist of three tax lots. The area has no parking requirements but the
applicant will provide 214 parking spaces within the proposed building. In addition Special
Exception Use approval is needed.
A more detailed description of the project will be presented when the matter comes
before the Commission as a formal properly noticed Public Meeting.
_________________________
Peter Coperine, Chairman
Planning Commission Minutes
Page 11
January 28, 2019
Election of Commission Chairman
On the motion of Chairman Pete Coperine, which was seconded by Commissioner
Passarelli, Anthony Baxter was elected Chairman for the 2019 year.
Roll Call
Member Motion Second Yes No Abstain Absent
Baxter x
Coperine x x
Espinoza x
Montesano x
Passarelli x x
Scarola x
Summa x
Wallach x
_________________________
Peter Coperine, Chairman
Planning Commission Minutes
Page 12
January 28, 2019
Planning Updates & Staff Discussions
Referral from BOT: Local Law Amending The Code Of The Village Of Port Chester,
Chapter 345, Zoning, Article XIX, Reimbursement of Professional Fees So As To Include All
Stages Of The Development Process and Improve Escrow Processes
This matter was referred from the Board of Trustees for input from the Planning
Commission with regard to Reimbursement of Professional Fees.
After a brief discussion and suggestions the Commission agreed that the Planning Diretor
Eric Zamft would draft a memo to the Board of Trustees in support of this matter and include the
items they suggested during the discussion.
On the motion of commissioner Scarola and seconded by Commissioner Summa, the
Commission voted in support of the Local Law with the suggested edits.
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 13
January 28, 2019
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 14
January 28, 2019
Agenda
Planning Commission Agenda
January 28, 2019
Page 1
Agenda for the Planning Commission Meeting
of the
Village of Port Chester
Thursday, January 28, 2019
at the
Village Justice Courtroom
350 North Main Street, Port Chester, NY
*****************************************************************************
Minutes
Extension & Renewal Requests
None
Resolutions
None
Continued Public Hearings
1. Case # 2018-0173 Continued Public Hearing Request To Adjourn
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.
Interested persons will be afforded the opportunity to be heard.
2. 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
Interested persons will be afforded the opportunity to be heard.
Planning Commission Agenda
January 28, 2019
Page 2
Continued Public Meetings
3. Case #2018-0183 – Continued Public Meeting Request To Adjourn
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
4. Case # 2018-0180 – Continued Public Meeting Request To Adjourn
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
New Public Meetings
5. Case # 2019-0185 –New Public Meeting
Notice is hereby given that the Planning Commission of the Village of Port Chester, New
York will hold a PUBLIC MEETING on January 28, 2019 at 7:00 pm, at the Court Room, Police
Headquarters Building, 350 North Main Street, Port Chester, New York to review a site plan and
special exception use permit application submitted by Anthony B. Gioffre III of Cuddy & Feder
LLP on behalf of Tarry Lighthouse – EJ Port Realty LLC on property located at 175, 179 North
Main Street & 20 Abendroth Avenue Port Chester, NY known and designated as Section
142.23, Block 2, Lots 25, 27 & 28 to consider request to: Demolish existing structures and
surface parking lot in order to construct a new mixed use building containing residential
units, retail and associated parking spaces.
Election of Commission Chairman
Planning Updates & Staff Discussions
Adjourn Meeting
Planning Commission Agenda
January 28, 2019
Page 3
The next Planning Commission Meeting will be held on
February 25, 2019 at 7:00pm
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