Planning Commission

Planning Commission Meeting – May 29, 2019 A meeting of the Planning Commission was held on Wednesday evening, May 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, Montesano, 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 May 29, 2019 After the pledge of allegiance, the first item on the agenda was: Minutes April 29, 2019 On the motion of Commissioner Coperine, which was seconded by Commissioner Scarola, the minutes of the April 29, 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 3 May 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. The applicant has requested an adjournment of this matter to the June 24th meeting. No one from the Public spoke for or against this matter. On the motion of Commissioner Summa, which was seconded by Commissioner Scarola, the matter was adjourned to the June 24, 2019 meeting. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano Passarelli x Scarola x x Summa x x Wallach _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 4 May 29, 2019 Case #2019-0187 New public Hearing 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) On the motion of Commissioner Coperine, which was seconded by Commissioner Summa, the Public Hearing was opened 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 J. B. Hernandez, architect represented this matter for the applicant. He began by saying there is an existing 832 Square feet mechanical area at 528Willett Avenue. There is also 312 square feet snack shop and existing gas pumps. They are proposing to add 554 square feet to the snack shop and some of the items that were listed when the application was before the Board under a previous ownership have also been incorporated into the plan including the landscaping. There will be eight new parking spaces and one of the curb cuts has been eliminated. The stormwater system has been relocated in the rear underneath the area where cars will be parked. There will be a privacy fence along side of the property near the residential street. In addition a new ADA accessible ramp will be provided in the front of the store. The building will have a mezzanine level which will contain the office. There is a general sales office on the lower level and an ADA accessible bathroom. Mr. Hernandez said that the exterior of the building will be made to look residential to blend into the surrounding neighborhood. Assistant Planner Adam Pisarkiewicz told the commission that the applicant has addressed the concerns that they had and the only outstanding issue is the replacement of curb cut that is there and any remaining engineering issues. Planning Commission Minutes Page 5 May 29, 2019 Village Engineer Vincent Masucci said that he was pleased with the applicant’s drainage proposal. Mr. Masucci said the issue he may have is with the ADA provisions. The placement of the ramp and the extent to which the door swings out to allow for handicap accessibility. Mr. Masucci said he also would like to know the square footage of the new pavement area. The Traffic Consultant Mike Beattie of AKRF had the following comments/suggestions 1. Expand the handicap parking space to 11 feet wide and 18 feet long, in compliance with the Americans with Disabilities Act of 1990 requirement of a minimum of one van accessible parking space for a parking lot with 25 or fewer parking spaces. 2. Shift the Mortimer Street curb cut 15 feet north. The existing curb cut should be filled in with a raised concrete curb, and portion of the existing curb cut closest to Willett Avenue should be maintained as a pedestrian ramp. 3. Replace the concrete curb and sidewalk at the northeast corner of Willett Avenue and Mortimer Street. Public: Carlos Perez – 504 Willett Avenue – Port Chester, NY 10573 There was a discussion regarding the allocation of parking spaces for the employees and customers and satisfying ADA requirements. After much confusion Chairman Baxter suggested to the applicant that he should come back next month and give a firm allocation of the parking spaces and if possible have the owner be present On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the matter was adjourned to the June 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 6 May 29, 2019 Case #2019-0188 - 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 May 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 On the motion of Commissioner Coperine, which was seconded by Commissioner Montesano the Public Hearing was opened. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Montesano x x Passarelli x Scarola x Summa x Wallach John Colangelo Esq. along with Luigi DeMasi – architect represented this matter for the applicant. Mr. Colangelo began by saying they were before the Commission last month after which they received some of the comments from the staff and are prepared to answer some of the items and some have already been addressed. Mr. Colangelo said as far as the parking situation is concerned the traffic consultant has said there is sufficient parking on Irving Avenue to handle whatever parking is required for this establishment. There was also a question with regard to how many seats were in the restaurant and Mr. Demasi will be amending the plan to show twenty eight seats. (30 was on the original document). The total number of employees anticipated is four or five at any one time. Access to Poningo will house the dumpsters. There is an alleyway there and will be gated on both ends. A private carting company will pick up the refuse and they will have access to the alleyway via Poningo Street. Relative to the The ADA questions raised at the last meeting. Mr. Demasi said they are adding two new ADA accessible bathrooms with grab bars and proper sized doors. The front entranceway is a step up and will remain as such. The building is concrete and encroaches into the sidewalk making it difficult to provide a ramp and be in compliance with the code. The Village Code does address this type of situation. The applicant will be utilizing the loading space at the corner of Westchester Avenue and Poningo Street. Planning Commission Minutes Page 7 May 29, 2019 Village Engineer Vincent Masucci said the applicant has answered most of his concerns but is concerned with the exit to Poningo Street where the garbage cans are located. The exit must be a clear path to the street. Mr. Masucci had no concerns with the drainage. And the front step has been addressed in compliance with the building code. The traffic consultant Mike Beattie from AKRF said they did some observations at various times to see how the parking situation played out. During each observation period there was enough parking with spaces left over. In addition the property is located roughly 270 ft. from the Irving Avenue municipal parking lot. Public – Howie Ravikoff – 33 New Broad Street – Port Chester NY 10573 The applicant will also look into the possibility of there being an easement on the Poningo alleyway access. On the motion of Commissioner Summa, which was seconded by commissioner Scarola, the matter was adjourned to the June 24th meeting and the staff was directed to prepare resolutions for hat 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 8 May 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 along with the architect Tom Abilama. Mr. Colangelo said they appeared before the Commission last month and received the staff comments and are prepared to address them. Architect Tom Abilama took the next few minutes to review the changes that were made to the plans. Mr. Abilama said he was going to first address the items that have changed since the last meeting. 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 Planning Commission Minutes Page 9 May 29, 2019 8. Provide fuel and delivery truck circulation plans with truck turning templates 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. Planning Commission Minutes Page 10 May 29, 2019 _________________________ Anthony Baxter, Chairman 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. Planning Commission Minutes Page 11 May 29, 2019 _________________________ Anthony Baxter, Chairman 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 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. 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. Planning Commission Minutes Page 12 May 29, 2019 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. This application is scheduled to go before the Board of Trustees for a Zoning Text Change/Amendment. On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Commission agreed to send their recommendations with regard to allowing automobile service centers as a special exception use within the C1 District and amend the Special Exception use standards for automobile dealership service center for review and consideration Planning Commission Minutes Page 13 May 29, 2019 Anthony Baxter, Chairman Planning Updates & Staff Discussions  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 Street (MUR to C2). Petition of 108 Gateway Development LLC to Amend the Zoning Map of the Village of Port Chester from Marina Redevelopment Project Urban Renewal District to C2 Main Street Business District for the property located at 108 South Main Street 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 Planning Commission Minutes Page 14 May 29, 2019 Coperine x Espinoza x Montesano x Passarelli x Scarola x x Summa x x Wallach x  May meeting date May meeting date is scheduled for May 29, 2019 due to the Memorial Day holiday.  Form-Based Code comments Planning Commission Minutes Page 15 May 29, 2019 _________________________ Anthony Baxter, Chairman Adjourn Meeting On the motion of Commissioner Scarola, which was seconded by Commissioner Siumma, the meeting was adjourned May 29, 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 Planning Commission Minutes Page 16 May 29, 2019 _________________________ Anthony Baxter, Chairman