Planning Commission

Planning Commission Meeting July 29, 2019 A meeting of the Planning Commission was held on Monday evening, July 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, Assistant Planner Adam Pisarkiewicz and 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 July 29, 2019 After the pledge of allegiance, the first item on the agenda was: Minutes May 29, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the minutes of the May 29, 2019 meeting were 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 3 July 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. Michiel Boender represented the matter for the applicant. On the motion of Commissioner Scarola which was seconded by Commissioner Summa, the SEQRA Negative Declaration 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 On the motion of Commissioner Summa, which was seconded by Commissioner Espinoza, the Site Plan Resolution was approved. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x x Montesano x Passarelli x Scarola x Summa x x Wallach _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 4 July 29, 2019 Case #2019-0187 Resolution 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 On the motion of Commissioner Summa, which was seconded by Commissioner Espinoza, the SEQRA Negative Declaration 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 On the motion of Commissioner Scarola, which was seconded by Commissioner Montesano, the Site Plan Resolution was approved. 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 5 July 29, 2019 Case No. 2018-0169 – New Public Hearing An application submitted by Pierre Sarrazin of Sarrazin Architecture on behalf of 66 Pearl Street Realty, LLC for property located at 66 Pearl Street, Port Chester, NY known and designated as Section 142.30, Block 1, Lot 75 to consider request to: demolish existing 2 story residential building, and an addition of existing car repair garage building with site upgrades and redesign of parking On the motion of Commissioner Coperine, which was seconded by Commissioner Scarola, 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 x Summa x Wallach John Colangelo, Esq. along with Pierre Sarrazin Architect represented this matter for the applicant Mr. Colangelo began by saying rather than go back through all the material that has been resented for over a year he would like to address the concern the Commission raised with regard to the landscaping. The applicant would like to put up a decorative fence in lieu of trees atop a stone wall. The trees would not survive in the asphalt environment therefore a decor5ative fence would be better. In addition this would give more space to the parking area. Mr. Sarrazin said based on some of the requests from the last meeting the applicant was asked to provide lighting and goose neck lights have been proposed over the awnings and flood lights over each of the overhead doors. Engineering had a question on the retaining wall and a retaining wall detail has been provided. The retaining wall will run on the left side where the building is being demolished and will have a fence on the top; the retaining wall will continue to the existing retaining wall and will have stone to match. Village Engineer Vincent Masucci said that he had no issues as long as the wall did not encroach any further into the property. Roof drainage was also questioned but the applicant said there is no knowledge of plans to install such. Also a demolition plan has been requested of the applicant. No one from the public spoke for or against this matter. Planning Commission Minutes Page 6 July 29, 2019 On the motion of commissioner Scarola, which was seconded by Commissioner Summa, the matter was adjourned to the August meeting and the Planning staff was directed to prepare Resolutions for the August 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 7 July 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 On the motion of Commissioner Coperine, which was seconded by Commissioner Espinoza, the Public Hearing was opened. 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 John Armentano represented this matter for the applicant . Mr. Armentano began by saying they have been before the Commission several times and have addressed the concerns raised by the Commission. Hopefully they have met and or exceeded any expectations for the site and they are here to answer any questions the Commission may have. Revised plans have been submitted also. Planning Staff said that all of their questions/concerns have been addressed. Village Engineer Vince Masucci said there was no real changes to the site it was a matter of reconfiguring the uses outside and the fire safety areas and car and truck maneuverability. Traffic Consultant Mike Beattie said that most of their concerns have been addressed (truck turning radius etc.) There is still a sop bar on the wrong side but the applicant said it will be removed. When the seasonal items are removed there is still ample parking that meets the requirements for that site. There were no other concerns to be addressed. No one from the public spoke for or against this matter On the motion of Commissioner Scarola, which was seconded by Commissioner Coperine, the Public hearing was closed and the Planning Staff was directed to prepare Resolutions for the August meeting Planning Commission Minutes Page 8 July 29, 2019 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 9 July 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 subsequent to last month’s meeting they had a meeting with the Planning Department and the traffic consultant to go over various issues that have been discussed and issues that the Commission brought up. The architect has prepared 3 different schemes which have been talked about over the last year or so. The 3 schmes were submitted to the commission for their review and tonight the traffic consultant for the applicant is here to answer any questions with regard to the 3 schemes. The three schemes are as foll9ows and discussion were held on each variation.  Scheme A o Four gas pumps o Two driveways (Midland Avenue north driveway, Fawcett Street) o Right-in right-out only at the Midland Avenue north driveway with striped island o Southbound vehicle access at Fawcett Street  Scheme B o Four gas pumps o Three driveways (Midland Avenue north driveway, Midland Avenue south driveway, Fawcett Street) o Right-in right-out only at all driveways with striped islands o No southbound vehicle access (vehicles diverted to Grace Church Street)  Scheme C o Three gas pumps o Two driveways (Midland Avenue north driveway, Fawcett Street) o Right-in right-out only at the Midland Avenue north driveway without striped island o Southbound vehicle access at Fawcett Street Traffic Consultant Michael Beattie offered the following with respect to the 3 schemes In all three schemes, the store entrance is located at the southwestern corner of the building structure. The entrance includes concrete curbing and a 4-foot wide walkway at the southern border of the building structure with an ADA-compliant curb ramp. Planning Commission Minutes Page 10 July 29, 2019 Although Scheme C includes a removal of a gas pump, there will still be four lanes used for gas fueling and no major changes in the site circulation, compared to Schemes A and B, are anticipated. A striped island is included in Scheme A and Scheme B at driveways restricted to right-in and right-out movements to discourage left turn movements while still allowing left turn exits for delivery vehicles. The striped island and should be designed to provide channelization for right-in and right-out movements at the driveway. The Applicant should provide dimension details on the striped islands. In addition, during discussions with the Applicant team, they indicated driveways would be closed using cones when delivery trucks were on-site. This has not been indicated on the schemes. 1. Design the striped islands to provide channelization for right-in and right-out movements at the driveway. The Applicant should provide dimension details on the striped islands. On the motion of Commissioner Scarola, which was seconded by Commissioner Montesano, the Public hearing was set for August 26, 2019 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 11 July 29, 2019 Case #2018-0175 - Continued Public Meeting an application submitted by Daniel Mayet, AIA on behalf of Luis Lopez for property located at 7 Willow Street, Port Chester, NY known and designated as Section 141.38, Block 2, Lot 47 to consider request to: convert existing space (formerly cabaret) into a new restaurant. Mario DeMarco Esq. and Oscar Ovalle Architect represented the matter for the applicant. Mr. DeMarco began by saying that the last time they were before the Commission there were a number of concerns raised by the Commission and staff. The architect and the applicant met with staff and they believe they have satisfactorily addressed those concerns. Architect Oscar Ovalle addressed the outstanding items Demolition of the existing walls and structures – plan has been submitted Fencing discrepancies have been rectified Provision of 13 parking spaces 9x18 with removable concrete curbs Lighting 4 lamp posts will be placed on the property Valet Parking signs will be at the entrance of the parking lot with a valet booth A handicapped travel path will be established from the lot to the establishment A heavy-duty cultic system will be utilized The Traffic Consultant prepared a traffic report of the premisis. Some key items are as follows The Proposed Project would add an additional 92 vehicles at the unsignalized Boston Post Road & Willow Street intersection, including 46 vehicles exiting from the Willow Street approach. This results in an increase of 4.1 seconds at the Boston Post Road & Willow Street intersection during the PM peak hour. In addition, the increase in vehicles at the Boston Post Road & Grace Church Street/Purdy Avenue intersection results in an increase of 1.8 seconds at the eastbound left-turn movement that operates at LOS E under Existing conditions, and an increase of 1.4 seconds at southbound right-turn movement. However, this would not be categorized as a significant impact to traffic operations. At the Boston Post Road & Willow Street intersection, maintenance should be conducted to restripe the northbound approach stop bar. An 80-foot long yellow centerline pavement marking should be added to delineate the northbound and southbound lanes of Willow Street. The proposed layout of the parking lot at 10 Willow Street includes 10 perpendicular parking spaces including one handicap parking space, a 23-foot drive aisle, and three parallel parking spaces. The proposed perpendicular parking spaces are 9-feet wide by 18-feet long while the three parallel parking spaces are 9- feet wide by 22-feet long. The proposed handicap parking space is 9-feet wide by 18 feet long, with a 5- foot access aisle. Planning Commission Minutes Page 12 July 29, 2019 To comply with ADA, the applicant should provide a van-accessible handicap parking space that is either 11 feet wide with a five foot wide access aisle, or eight feet wide with an eight foot wide access aisle. This can be achieved by narrowing four parking spaces to eight feet wide marked compact parking spaces. Because of the parking shortfall, dead-end operation of Willow Street, and geometry of the 10 Willow Street parking lot, valet operations are required in order to prevent circulation issues at both the 10 Willow Street parking lot and along Willow Street. The revised parking layout shows two-foot tall plantings adjacent to the parking lot driveway and a restaurant parking sign at the entrance of the parking lot. These plantings and the parking sign are not anticipated to impact sight distance at the driveway; however, regular maintenance should occur to ensure that the plantings do not become overgrown and obstruct a driver’s view. The revised parking layout also includes a valet booth at the southeast corner of 10 Willow Street. Patrons arriving at the restaurant are expected to first turn into the 10 Willow Street valet booth to drop off their vehicle. If the parking lot is full, the valet is anticipated to park on Willow Street or at the Waterfront Plaza lot. The applicant should provide the following information:  Valet operation hours (will valet be provided throughout the day or only specific times)  Confirm where valet attendants will park vehicles when the 10 Willow Street lot is full.  Information on parking agreements with other parking lots 1. The Proposed Project would add an additional 92 vehicles at the unsignalized Boston Post Road & Willow Street intersection in the PM peak hour, including 46 vehicles exiting from the Willow Street approach. 2. The Proposed Project results in increases in delay at the following intersections and movements during the PM peak hour: a. Boston Post Road & Willow Street intersection and northbound left/right-turn movement: 4.1 seconds b. Boston Post Road & Grace Church Street/Purdy Avenue eastbound left turn movement – 1.8 seconds (operating as LOS E under Existing/No Build and Build conditions) c. Boston Post Road & Grace Church Street/Purdy Avenue southbound right turn movement – 1.4 seconds 3. The following improvements are recommended: a. Maintain/restripe the northbound approach stop bar at Boston Post Road & Willow Street Planning Commission Minutes Page 13 July 29, 2019 b. Add an 80-foot long yellow centerline to delineate the northbound and southbound lanes of Willow Street c. Replace the pedestrian ramps along Willow Street with ADA-compliant pedestrian ramps and add a new high-visibility crosswalk across Willow Street at the Boston Post Road intersection 4. To comply with ADA, the applicant should provide a van-accessible handicap parking space that is 11 feet wide with a five-foot wide access aisle or eight feet wide with an eight-foot wide access aisle. 5. Regular maintenance should occur to ensure that the plantings at the 10 Willow Street driveway do not become overgrown and obstruct a driver’s view 6. The applicant should provide details on valet and parking operations, including: a. Valet operation hours (will valet be provided throughout the day or only specific times) There are a variety of issues outstanding therefore the matter will be adjourned to the August 26th meeting. _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 14 July 29, 2019 Case #2018-0186 – Continued Public Meeting an application submitted by Anthony Gioffre III, Esq. of Cuddy & Feder on property located at 108 South Main Street, Port Chester, NY known and designated as Section 142.38, Block 1, Lot(s) 35, 37 to consider request for: Special Exception Use and Site Plan approvals to construct a 9 story mixed use building, with ground floor retail, second story office, 115 residential units, 104 parking spaces & residential amenity spaces Anthony Gioffre III Esq. of Cuddy & Feder represented the matter for the applicant. Mr. Gioffre began by saying the application has appeared before the Commission for several months request a Public Hearing be set. The action preventing this from happening was a request that the BOT take an action on the Zoning Petition. The BOT did act favorably on the petition to rezone the area from MUR to C2. Traffic recommendations were just received from the Traffic Consultant to which the applicant has not yet had the time to review. The matter will be clarified before the meeting next month and therefore a reques oto the Commission is to set the Public Hearing On the motion of Commissioner Summa. Which was seconded by Commissioner Passarelli, the Public Hearing was set for August 26, 2019 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 15 July 29, 2019 Case # 2019-0190 –Continued Public Meeting an application submitted by Jodi Cross Esq. of Zarin & Steinmetz on behalf of Red Barn Dogs Ops Westchester, LLC on property located at 142 Midland Avenue, Port Chester, NY known and designated as Section 142.53, Block 1, Lot(s) 3 to consider request to: Obtain Site Plan and Special Exception Use approval for a Dog Day Care to include board and care of small dogs and incidental sale of dog related products Jody Cross Esq. of Zarin & Steinmetz represented the matter for the applicant. Ms. Cross began by saying that they were before the Commission in May and received positive recommendation to go back before the BOT. A hearing was held before the Board and they were directed to prepare a resolution of approval. The BOT was ready to vote on the resolution, they adopted a negative declaration resolution but at the July 1st meeting there was a procedural issue Planning Director Eric Zamft explained the procedural issue to the Commission. He said that the BOT was advised the Zoning change needed to be in a Local Law format and this petition was not. Once the approval is put into the proper Local Law format a hearing will be held on August 5th It is the same petition just in local law format. Staff has prepared a Local Law recommendation in the correct format to be given to the BOT. Since it is a procedural issue it will not hinder setting a Public Hearing on this matter for the August meeting On the motion of Commissioner Scarola, which was seconded by Commissioner Passarelli, the Positive Local Law was referred to the BOT 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 Planning Commission Minutes Page 16 July 29, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Montesano, the Public hearing was set for August 26, 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 17 July 29, 2019 Planning Updates & Staff Discussions  Form Based Workshop  125 No9rth Main Street  200 Irving Avenue _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 18 July 29, 2019 Adjourn Meeting On the motion of Commissioner Summa, which was seconded by Commissioner Scarola, the Public hearing was set for August 26, 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 _________________________ Anthony Baxter, Chairman