Planning Commission

Planning Commission Meeting – April 29, 2019 A meeting of the Planning Commission was held on Monday evening, April 29, 2019 at Village Justice Courtroom, 350 North Main Street, Port Chester, NY at 7:00 p.m. with Chairman Anthony Baxter presiding. Present in addition to Chairman Baxter were Commissioners Coperine, Espinoza, Passarelli, Scarola, Summa and Wallach Also present was Village Attorney Anthony Cerreto, Planning Director Eric Zamft, and Assistant Planner Adam Pisarkiewicz. 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 April 29, 2019 After the pledge of allegiance, the first item on the agenda was: Minutes March 7, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Passarelli, the minutes of the March 7, 2019 meeting were approved. 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 March 25, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Coperine, the minutes of the March 25, 2019 meeting were approved. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Montesano x Passarelli x Scarola x x Summa x Wallach x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 3 April 29, 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 Coperine, which was seconded by Commissioner Passarelli, the Public Hearing was reopened 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 John Colangelo Esq. represented the matter for Mr. Boender. Mr. Colangelo said they have had numerous meetings with the Village regarding the compactor at the rear of the site No one from the public spoke for or against this matter On the motion of Commissioner Scarola, which was seconded by Commissioner Montesano, the matter was adjourned to the April 29h meeting. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x x Passarelli x Scarola x x Summa x Wallach x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 4 April 29, 2019 Case # 2018-0180 –Resolutions 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. represented this matter for the applicant. On the motion of Commissioner Scarola, which was seconded by Commissioner Coperine, the SEQRA Negative Declaration Resolution was approved.. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Montesano x Passarelli x Scarola x x Summa x Wallach x On the motion of Commissioner Scarola, which was seconded by Commissioner Coperine, the Special Exception Use Resolution was approved. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Montesano x Passarelli x Scarola x x Summa x Wallach x Planning Commission Minutes Page 5 April 29, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Coperine, the Site Plan Resolution was approved. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Montesano x Passarelli x Scarola x x Summa x Wallach x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 6 April 29, 2019 Case #2018-0172 – Continued Public Meeting an application submitted by John Colangelo, Esq, on behalf of 305 Midland Avenue Realty Corp. on property located at 305 Midland Avenue, Port Chester, NY known and designated as Section 142.61, Block 1, Lot(s) 8 to consider request for: Renovation of existing one story repair shop; removal of existing service bays and construct convenience store with office; replace & relocate existing pumps & add 2 additional pumps. John Colangelo Esq. represented this matter for the applicant. Mr. Colangelo said that they were before the Board about two months ago and were charged to obtain a traffic study of the area. In addition the applicant has met with staff to fine tune some of the items raised by the Commission which resulted in some modifications to the plan and incorporation some of the comments. The overall purpose of the plan has not changed; to upgrade a rather old gas station at the corner of Fawcett Street and Midland Avenue. The non-conforming auto repair shop will be removed and replaced with a conforming convenience store. Architect Tom Abilama took the next few minutes to review the changes that were made to the plans. There were issues with regard to the tree plantings and they got a list of the approved plantings and implemented them. The air pumps, the exits the roof drainage, new lighting with clarifications and locations, the structure will have sloped roofs and shingles. All of the concerns of the Village Engineer have been addressed. In a memo dated April 18, 2019, AKRF reviewed the traffic study prepared by JMC dated March 18, 2019. • AKRF drew specific conclusions/next steps from their review: 1. Following receiving the 130 Midland Avenue traffic study: if the traffic generated by 130 Midland Avenue passing through the study area for 305 Midland Avenue significantly exceeds the background growth rate, the Applicant should consider including the 130 Midland Avenue project-generated traffic volumes. 2. The applicant should revise the trip generation to use the Land Use Code 944 rate for vehicle trip ends per vehicle fueling position. 3. The applicant should update the project traffic distribution to have a distribution similar to the Existing driveway counts (potentially combining the Driveways A and B volumes to determine the split), with Driveway A less utilized than Driveway C. 4. Figure 5 should be revised to correct the distribution at Midland Avenue & Fawcett Street. 5. The applicant should revise the AM peak hour heavy vehicle percentage for the southbound movements at the Midland Avenue & Home Depot Driveway intersection for all scenarios. 6. Include directional pavement markings to indicate vehicle circulation paths in the vicinity of the driveways 7. Provide parking space dimensions 8. Provide fuel and delivery truck circulation plans with truck turning templates Planning Commission Minutes Page 7 April 29, 2019 The Commission held a lengthy discussion on the traffic reports and movement of vehicles on the site. on the site. An updated traffic report should be submitted along with updated site plan drawings Because this is a public meeting no vote was necessary. The matter was adjourned to the May meeting. _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 8 April 29, 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 John Armentano Esq of Farrell and Fritz represented this matter along with representatives of Home Depot. Greenburg Farrow was also present to address the site issues as they arise. Mr. Armentano said they were before the Board last November and took to heart the concerns that were raised. They also had several meetings worth the Building Inspector and the Village Manager in trying to address the issues. The site was approved in 1999 and the issues have become part of the expanding to include what has taken place at the site and the pop up garden center, the landscaping and mulch as well as the storing and staging of materials at the site. The original concerns were addressed and subsequent meetings were held to go over the modifications. What was submitted on April 3rd has been further modified. Mr. Armentano provided a booklet to the Board with those modifications and they will review the modifications for the May meeting. A review /walkthrough of the submitted plan was provided for the Commission and will be reviewed in depth by the members prior to the May meeting. Planning Director Eric Zamft said he had a couple of outstanding requests of the applicant and the Commission and Staff need to review the materials submitted tonight and suggest that the matter be adjourned to the May meeting. The Commission agreed and the matter was adjourned to the May 29th meeting. Because this is a public meeting no vote was necessary. The matter was adjourned to the May meeting. _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 9 April 29, 2019 Case #2019-0187 Continued Public Meeting an application submitted by Willett Avenue, LLC on property located at 528 Willett Avenue, Port Chester, NY known and designated as Section 136.63, Block 1, Lot(s) 72 to consider request to: Add an addition to existing snack shop to include: 2nd floor mezzanine level storage, office coolers in rear, ADA Restrooms, coffee stations & pre heated food station (no Kitchen) J. B. Hernandez, architect represented this matter for the applicant. He began by saying This application was before the Commission last month and he has worked through the suggestions that were made at last month’s meeting. Curb cuts, new and existing pavements, plantings, ADA accessibility he vacuum and air pump which will be relocated along the southern wall of the convenience store. Arborvitaes (37) will be provided along the northern and western sides of the property. Propane will be stored etc. have all been shown on the site plan drawings. Village Engineer Vincent Masucci provided the following comments. 1. May require a design for the 100 year design storm. 2. Where are the gasoline underground tanks located? Will they be affected by the new construction and underground retention? 3. Show pitch of ramp and compliance with landing and door swing clearance under ADA regulations. Show on elevation drawings. 4. Structural cover over retention system for truck/car loads to be checked. Vehicle parking is being placed over these units. Are they designed for these loads? 5. Show areas of new pavement. Indicate new area of pavement being added to site. 6. Provide survey of property. 7. Energy Code compliance will be required by Building Department. On the motion of Commissioner Coperine, which was seconded by Commissioner Summa, a Public Hearing was set for May 29, 2019 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Montesano x Passarelli x Scarola x Summa x x Wallach x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 10 April 29, 2019 Case #2019-0188 - 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 April 29, 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 Luigi Demasi, Architect on behalf of Luis Cabrera dba Don Lucho Restaurant on property located at 201 Irving Avenue, Port Chester, NY known and designated as Section 142.22, Block 1, Lot(s) 38 to consider request to: Renovate the premises for a full service restaurant use John Colangelo Esq. along with Luigi DeMasi – architect represented this matter for the applicant. Mr. Colangelo began by saying initially when they met with staff they were questioning if it was necessary to come before the Commission because it is all interior renovations for a restaurant use and the site had previously been used as a catering business which is also a food service use. The staff in their opinion said it was a change of use therefore the applicant is here before the Commission. No changes will be made to the outside of the building. The applicant is a lessee of the premises and it is a permitted use in the C1 Zone. The applicant proposes to renovate the entire interior making it into a full service restaurant. There will be approximately 25 seats, a full service kitchen, beer and wine will be served and not a full service liquor licensed bar. The business plan and hours of operation have been submitted to the Commission. Parking requirements per the Code, if there is a municipal lot within 600 ft. it would serve to satisfy the requirement within the C1 Zone. The Irving Avenue lot is let than 100 feet away. Garbage bins will be in the rear behind the facility where there is an alleyway to Poningo Street. This is a small use, only a small portion of a larger building is being used for the restaurant. There are similar types of restaurants in the area on Westchester Avenue and Poningo Street. Mr DiMasi walked the Commission through the proposed changes. He said the applicant will Renovate Kitchen, Add a walk in Box to store food, add two handicapped accessible bathrooms, and provide seating for approximately 25-30 people. Village Engineer Vincent Masucci points out that the Floor Plan does not indicate if there is a clear passage to Poningo Street when exiting the rear kitchen doorway. Garbage pick-up access area must be clarified. ADA accessibility at the front entrance does not comply with regulations due to step up The Traffic Consultant from AKRF provided the following traffic review The Property is nearly 100% built out with no space for off-street parking. • Under the Section 345-14 (C), the off-street parking requirement for this proposal would be 8 spaces but the applicant is invoking Section 345-14(A)(4) which states, The off-street parking requirements for buildings and uses in a C1 District may be satisfied if the subject premises are adjacent to or within 600 feet of a municipal parking facility and upon a showing of the availability of parking within such facility.” • The property is located roughly 270 ft. from the Irving Avenue municipal parking lot. Planning Commission Minutes Page 11 April 29, 2019 On the motion of Commissioner Coperine, which was seconded by commissioner Espinoza, a public hearing was set for May 29, 2919 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x x Montesano x Passarelli x Scarola x Summa x Wallach x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 12 April 29, 2019 Case #2019-0189 – 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 April 29, 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 Gary Gianfrancesco AIA, of Arconics Architecture on property located at 130 Midland Avenue, Port Chester, NY known and designated as Section 142.53, Block 1, Lot(s) 5 to consider request to: Obtain Special Exception Use and Site Plan approvals to repurpose an existing vacant building site for use as an automobile dealership service center with 543 total parking spaces Richard O’Rourke represented the matter for the applicant along with Gary Gianfrancesco – Architect, Brian Vreeland – Area Vice President of Penske Automotive, Nolan Redding – Penske Regional Project Manager. Mr. O’Rourke said that Key Foods abandoned the site over two years ago. The applicant proposes to change the building to make it consistent with the adjacent property. The site would be specifically as an automotive center. The use s not permitted in this particular zone therefore a zoning amendment will be needed. The size of the building would be reduced and yet the footprint of the building. The storing of cars which is not allowed per the code would be changed to allow for this use. The Applicant proposes to keep the Deleted: ¶ ¶ existing structure but modify the interior and portions of the facade. A-100 shows a majority of the floor to be dedicated to new car inventory with a capacity of 130 cars. Formatted: Font: Not Bold Gary Gianfrancesco walked the Commission through the proposed use of the site. - 3,000 sq. ft. is dedicated to ‘cosmetic reconditioning’. - 4 detail bays. - A photo booth for vehicles. - 6 prep/service bays. - 1 wheel alignment bay - Parts storage room - Existing mezzanine for break room, lockers, IT room, and 2 offices. - Restrooms The site currently has approximately 453 parking spaces, well above the requirements for employee parking. The Applicant proposes to sequester 195 spaces for vehicle inventory behind a proposed chain-link fence. The Applicant proposes to reserve 80 spaces for employee parking. Three Loading spaces would be required for this project, 3 are provided on Sheet SP-100. The Applicant also proposes to add 12 new parking spaces in the rear of the lot via new striping The Applicant proposes new plantings across a portion of the frontage and in the entrance drive isles and medians. A planting schedule has not been provided. Curbing along the entrance drive isles are proposed to be modified, presumably for easier truck movement within the site. A new trash enclosure is proposed to be located behind the building, in the rear of the property. Planning Commission Minutes Page 13 April 29, 2019 This application is scheduled to go before the Board of Trustees for a Zoning Text Moved down [1]: Roll Call¶ Change/Amendment. Moved (insertion) [1] Formatted: Indent: First line: 0.5" On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, Deleted: ¶ the Commission agreed to send their recommendations with regard to allowing automobile Member ... service centers as a special exception use within the C1 District and amend the Special Exception Deleted: ¶ use standards for automobile dealership service center for review and consideration Deleted: ¶ _________________________¶ Anthony Baxter, Chairman Planning Commission Minutes Page 14 April 29, 2019 Planning Updates & Staff Discussions Deleted: ¶ ¶ ¶  Referral from BOT to Planning Commission: Public Notice law to PC. A recommendation memo was prepared for the BOT with regard to adopting a local Law amending the Code of the Village of Port Chester, Article XXL, Public Notice Requirements so as to improve the Notice Guidelines (no action from Commission required  Referral from BOT to Planning Commission: Zoning text amendment to C1 Zoning District. (See Case #2019-0189) On the motion of Commissioner Coperine, which was seconded by commissioner Espinoza, the recommendation resolution was approved Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x x Montesano x Passarelli x Scarola x Summa x Wallach x  Referral from BOT to Planning Commission: Zoning Map Change for 108 South Main Deleted: ¶ R Street (MUR to C2). Petition of 108 Gateway Development LLC to Amend the Zoning Map of the Village of Port Formatted: Font: Bold Chester from Marina Redevelopment Project Urban Renewal District to C2 Main Street Formatted: Indent: Left: 0.25", No bullets or numbering Business District for the property located at 108 South Main Street Formatted: Font: Not Bold On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the referral was approved 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 15 April 29, 2019  May meeting date May meeting date is scheduled for May 29, 2019 due to the Memorial Day holiday.  Form-Based Code comments Deleted: ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 16 April 29, 2019 Adjourn Meeting Deleted: ¶ ¶ ¶ On the motion of Commissioner Scarola, which was seconded by Commissioner Deleted: Summa Siumma, the meeting was adjourned May 29, 2019 Deleted: carola Deleted: to April 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 Deleted: ¶ Member ... _________________________ Anthony Baxter, Chairman