Planning Commission

Planning Commission Meeting September 30, 2019 A meeting of the Planning Commission was held on Monday evening, September 30, 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, Montesano, Passarelli, Scarola and Summa Also present was Village Attorney Anthony Cerreto, Planner Adam Pisarkiewicz, Village Engineer Vincent Masucci and Assistant Planning Director Curt Lavalla. 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 September 30, 2019 After the pledge of allegiance, the first item on the agenda was: Minutes August 26, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the minutes of the August 26, 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 3 September 30, 2019 Case #2018-0186 – 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 September 30, 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 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 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 Anthony Gioffre III Esq. of Cuddy & Feder represented this matter for the applicant along with Brian Dempsy-Traffic Engineeer of Provident Design; Phil Fructure-Architect of Papp Architecture; Dan Patrick of Cuddy & Feder and Peter Catazone of Catazone Engineering. Mr. Gioffre began by saying they have appeared before the Commission before on this matter which is located in the C2 District and is also classified in the Village’s higher Intensity Zone. It is comprised of two lots 108 South Main Street which is approved with a surface parking lot and 112 East William Street which is approved with a decrepit two story house and one story garage which are proposed to be razed. This proposal is the construction of a nine story development with 115 units; 65 studios and 50 one bedrooms and include amenity spaces such as a rooftop fitness open space and bicycle storage facilities. There will be street level retail and a third story co working space. Proposed is 103 off street parking spaces where none are required per the Village Code and there will be one off street loading space. The proposal will actuate the streetscape and make a welcoming friendly gateway to the Village. It will be located downtown and near other residential uses. It is perfectly situated for transit oriented development close to Metro North and Bee Line bus stops. This proposal will develop an underutilized property. This proposal was designed in line with the various plans of the Village i.e., Plan the Port, the Comprehensive Plan and Strategic Plan etc. Phil Fructure of Papp Architecture walked the Board through the Site Plan which was included in the Commissioners materials. Some of the highlight of the walk through: There are 3 curb cuts on east William Street, (parking levels) there is a Green Roof atop the building and an Planning Commission Minutes Page 4 September 30, 2019 amenity deck and a private deck for the units on the fourth floor. There are two retail spots on the South Main Street side of the building an office and a lobby to the multifamily area. On the East William Street side of the building the first curb cut inti the lowest level of parking which will be joint use between the residents and the retail and commercial space. Further up William Street are the two other curb cuts to the parking levels which will be for the exclusive use of the residents Mr. Gioffre read aloud to the Commission the Special Exception criteria for this project and addressed the specific sections of the Code individually the Project meets the special exception use requirement in §345-61(Q)(4)(a)[1],(a)[2],(a)[3],(a)[4]; the Project meets the special exception use requirement in §345-61(Q)(4)(b); and the Project meets the special exception use requirement in §345-61(Q)(5); and the Project meets the special exception use requirement in §345-61(Q)(6); and the Project meets the special exception use requirement in §345-61(Q)(7); and Village Engineer Vincent Masucci said he is pleased with the applicant addressing the on site retention. He said the Village does have an issue in that area with regard to flooding and would not like to have anything added to the problem. Being that the building has a lot of impervious areas, any improvements to the site would be a great help (green roof and on site retention). Mr. Masucci said another concern is the sanitary sewer discharge and suggested that the County Health Department review the plans. Peter Catazone of Catazone Engineering said they have not yet dealt with the Health Department regarding the capacity. However they will have to go to the Health Department for a permit for the connection since the waste is over 2500 gallons per day and they need to design the sewer connection as a private sewer main. Public – None On the motion of Commissioner Coperine, which was seconded by Commissioner Scarola, the matter was adjourned to the October 28th meeting. Roll Call Motion Second Yes No Abstain Absent Member Baxter x Coperine x x Espinoza x Montesano x Passarelli x Scarola x x Summa x Wallach ________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 5 September 30, 2019 Case # 2018-0172 – 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 September 30, 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 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. 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 John Colangelo, Esq. represented the matter for the applicant along with Tom Abilama – architect represented this matter for the applicant. Mr. Colangelo began by saying the project has been before the Board for approximately a year along with a trip before the Zoning Board. The applicant and the Board both have a vested interest n modernizing the facility. The site plan has been modified to incorporate some of the comments that arose at last month’s meeting. Mr. Colangelo proceeded to review with the Commission the changes that were made to the drawings after which Mr. Abilama provided an in depth review of the drawings. The non-conforming use will be eliminated and be replaced with a conforming use convenient store in the C1 District. The footprint of the building will not change and the site will be cleaned up with the upgrades. The island on the right side has been removed and the remaining island has been moved to the middle of the property. Assistant Planner Adam Pisarkiewicz said the remaining issues are with the traffic circulation. Elaine Du, Traffic Consultant from AKRF gave their assessment of the property The proposed renovations would eliminate the motor vehicle repair use, expand the convenience store to the entire 1,294 square foot building, and add two additional gas pumps with four fueling positions for a total of eight fueling positions. Planning Commission Minutes Page 6 September 30, 2019 TRAFFIC DIVERSION Under Scheme B of the revised site plans dated July 21, 2019, access for vehicles traveling southbound on Midland Avenue would not be permitted from Midland Avenue or Fawcett Street. The letter from JMC presents three potential diversion routes, including: Midland Avenue southbound, Eldredge Street, Grace Church Street, Cottage Street, Cesario Place/Edgar Place, Fawcett Street Midland Avenue southbound, Eldredge Street, Grace Church Street, Cottage Street, Midland Avenue northbound Midland Avenue southbound, Cottage Street, Cesario Place/Edgar Place, Fawcett Street AKRF concurs with the traffic diversion routes. JMC assumes that 50 percent of left turning traffic into the Fawcett Street, driveway originates from Midland Avenue southbound to calculate the total Midland Avenue southbound traffic entering the site. This results in approximately 29 vehicles (54 percent) in the AM peak hour and 35 vehicles (49 percent) in the PM peak hour entering the site from Midland Avenue southbound. This is greater than AKRF’s field observations, in which 33 percent of vehicles in the AM peak hour and 40 percent of vehicles in the PM peak hour entered the site from Midland Avenue southbound, and results in a slight overestimation of diverted vehicles. The revised site plan dated September 11, 2019 includes the following changes to the existing site driveway: Right-in/right-out access only from the northern Midland Avenue driveway (with striped island) Closure of the southern Midland Avenue driveway Maintaining full access (left and right turns) from the Fawcett Street driveway Access from southbound Midland Avenue at the Midland Avenue driveway would be prohibited using striping and a no left turn sign. Southbound Midland Avenue vehicles would enter the site from the Fawcett Street driveway. The revised site plan also shows a relocation of the store entrance from the southwest corner to the west side of the building. The raised concrete walkway was lengthened to the store entrance on the west side for ADA-compliant pedestrian access to the store, and includes pedestrian ramps at both termini. The Applicant should consider lengthening the concrete walkway to span the entire west side of the building to provide additional protection for pedestrians. One gas pump was removed from the site plan, but four lanes will still be used for gas fueling. This change does not address site constraints and would not address current site circulation issues. Village Engineer Vincent Masucci provided the following review on the site. A review of the site plan provided respecting Section 345-23G of the Zoning Ordinance required additional information regarding the following which has been addressed with the 04/09/2019 and 06/11/2019 revisions submitted: (All comments have been sufficiently addressed by the applicant). a. Drainage to be addressed by Short Environmental Assessment Form. There is a storm water discharge. (Plans show provisions for on-site retention). b. Application indicates two new fuel tanks. Clarification regarding the condition of existing fuel tanks whether they are going to be replaced and if there are any environmental issues. (Letter addresses issue for replacement of underground storage tanks). c. Converting from Service Bay areas to a Convenience store may require upgrading Planning Commission Minutes Page 7 September 30, 2019 for energy code compliance. (To be addressed during Building Dept. Review). d. Proposed signs at entrances to be checked for visual impact for cars exiting the service station. (Rendering indicates sight clearance visibility). e. How is the parking area being illuminated? (Lighting Plan provided). f. Is there an access provided per ADA regulations? Where is handicap ramp on plan? (Ramp access provided on elevation plan). Latest plan shows H/C ramps at each side of walkway to entrance. g. Structural cover over retention system for truck/car loads. (To be addressed during Building Dept. Review). Public Tara DeCrescenzo – 9 Fawcett Street – Port Chester, NY On the motion of Commissioner Scarola, which was seconded by Commissioner Montesano, the Public Hearing was adjourned to the October 28th 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 8 September 30, 2019 Case # 2019-0190 –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 September 30, 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 Jody 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 On the motion of Commissioner Summa, which was seconded by Commissioner Montesano, the Public Hearing was opened. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x x Passarelli x Scarola x Summa x x Wallach David Cooper of Zarin & Steinmetz represented the matter for the applicant. Mr. Cooper also had Chris Kempler, Kaylee Selig, and Ken Tran assist in the presentation of this matter. Mr. Cooper began by saying the proposal is to lease a property for a Doggie Day Care facility. It is now a permitted use within the District due to a recently obtained Zoning Amendment. However a special permit is needed and the matter is now before the planning Commission in conjunction with the special use permit. Dogtopia is an award winning daycare with several franchises and this it will be the first one in Port Chester. The daycare would provide bathing, grooming, daycare and boarding and no sale of animals would occur in or out of this facility. The subject space was most recently a Dollar Cleaners dry cleaning store, consisting of 7,863 sf of interior space (5,000 sf first floor plus 2,863 sf mezzanine). In addition to the former dry cleaners, theBuilding has two other commercial tenant spaces, currently occupied by a Sherwin Williams paint store and a Super Suds laundromat.The proposed Dogtopia intends to use the 5,000 sf first floor space for its dog daycare operations, withthe mezzanine used for office and storage space. Dogtopia provides pet services limited to daycare, grooming, bathing, boarding, recreation, training, and the incidental sales of related products, specifically and only for dogs. The Proposed Use does not include the sale of any animals. Theproposed facility will provide indoor play areas and a fenced, secure 600-sf outdoor animal exercise area in the rear of the building. Daycare and boarding services will be provided 7 days a week, while grooming and training services will be Planning Commission Minutes Page 9 September 30, 2019 provided between 3 and 5 days a week. Overall hours of operation are proposed to be 7:00 AM to 7:00 PM, 7 days a week. Peak drop-off time is typically between 7:00 and 9:00 am and peak pick-up time is between 4:00 and 6:00 pm. These are typically Dogtopia’s busiest hours, from a traffic perspective. Parking for patrons and employees will be provided within the existing 73- space parking lot A traffic study was conducted with the following output: Traffic volumes expected to be generated by the proposed Dogtopia were determined based on driveway counts conducted at a similar Dogtopia facility2 located at 505 Fifth Avenue in New Rochelle. The New Rochelle facility is in a single-tenant building and has one driveway on Fifth Avenue which provides access to a 14-space parking lot that is exclusively for Dogtopia patrons and staff. Driveway and parking counts were conducted on Monday June 10, 2019 from 7:00 to 9:00 AM and from 4:00 to 6:00 PM, the periods when Dogtopia typically experiences its busiest customer drop-off and pick-up activity. The driveway counts indicate that the weekday AM peak hour occurred from 8:00 to 9:00 AM and the weekday PM peak hour occurred from 5:00 to 6:00 PM. Based on the trip generation and parking analyses provided herein, it is our considered professional opinion that the Application to permit the board and care of small animals on the Property will not result in a significant adverse impact on traffic operating conditions. Furthermore, there will be more than adequate capacity provided to accommodate the parking needs of employees and customers of the proposed Dogtopia. The Commission and the applicant discussed the day to day operations of the business and waste removal processes and procedures Public – Richard Abel Port Chester, NY On the motion of Commissioner Summa, which was seconded by Commissioner Montesano, the Public Hearing was closed Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x x Passarelli x Scarola x Summa x x Planning Commission Minutes Page 10 September 30, 2019 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 On the motion of Commissioner Coperine, which was seconded by Commissioner Passarelli, the Special Exception Use Approval Resolution was approved. 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 On the motion of Commissioner Coperine, which was seconded by Commissioner Summa, the Site Plan Resolution was approved Planning Commission Minutes Page 11 September 30, 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 12 September 30, 2019 Case #2018-0175 – 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 September 30, 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 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. On the motion of Commissioner Summa, which was seconded by Commissioner Montesano, the Public Hearing was opened. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Montesano x x Passarelli x Scarola x Summa x x Wallach Mario DeMarco Esq. and Oscar Ovalle Architect represented the matter for the applicant. Mr. DeMarco began by saying the applicant has been before the Commission numerous times to convert the existing space into a new restaurant. The former use was a cabaret so this use is significantly lower in impact to the area. When the restaurant initially opens it will be open from 7am in the morning until 10pm at night. Breakfast, lunch and dinner. There will be 12 full time employees initially. A full first class renovation of the property will be done by the applicant. A building permit has already been obtained for the basement renovation. 200 new lighting fixtures, a new kitchen and new floors will be a part of the renovations that are proposed. He owns the property and owns the parking lot across the street. There will be 44 tables for a max capacity of 140 people. There will also be some bench seating. 10 Willow Street will be used for parking. The lot will be completely renovated and the structure on the lot will be demolished. The lot will accommodate 13 spaces. The ZBA granted a variance, the original requirement was for 30 spots. The applicant intends to have valet parking on the site and a separate application will be submitted for that pursuant to the valet parking rules. A detailed discussion with the Commission was held regarding parking and proposed parking agreements A review of the traffic and parking was done by AKRF” Planning Commission Minutes Page 13 September 30, 2019 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 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) b. Confirm where valet attendants will park vehicles when the 10 Willow Street lot is full. c. Information on parking agreements with other parking lots Public – Richard Abel, Port Chester NY Planning Commission Minutes Page 14 September 30, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Public Hearing was adjourned to the October 28th 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 15 September 30, 2019 Case # 2019-0194 (formerly 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 September 30, 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 LLC on property located at 163,175, 179 North Main Street, 20 Abendroth Avenue and 18 Mill Street Port Chester, NY known and designated as Section 142.23, Block 2, Lots 25, 26, 27, 28 and 29 to consider request to: Demolish existing structures and surface parking lot; Construction of new 9 story mixed use building with 274 rental apartments, 27,905 sf of retail/restaurant and 358 parking spaces. Anthony Gioffre Esq. of Cuddy & Feder represented this matter for the applicant Tarry Lighthouse along with Luz Delmar Rizato – Architect; Tom Lahe – Engineer and Brian Dempsey – Traffic Consultant. David Cohen and David Mann of Tarry Lighthouse were also present in the audience. from the Planning Commission. Mr. Gioffre along with his representatives responded to the concerns raised by the Planning Commission. Planning Commission Minutes Page 16 September 30, 2019 The matter was adjourned to the October 28th meeting _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 17 September 30, 2019 Planning Updates & Staff Discussions Referral from Board of Trustees – Discussion Item Petition by Broad Street Owner, LLC for Zoning Text and Map Amendment David Cooper of Zarin and Steinmetz represented this matter for the applicant Broad Street owners. Mr. Steinmetz walked the commission through the application but the matter was adjourned to the October meeting because the Commission did not have copies of the petition for review prior to the meeting and could not render a decision. Matter was adjourned to the October 28th meeting _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 18 September 30, 2019 2nd Public Draft of the Form Based Code Schedule Workshop with Planning Commission to review and provide feedback _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 19 September 30, 2019 Adjourn Meeting On the motion of Commissioner Summa, which was seconded by Commissioner Coperine, the meeting was adjourned to the October 28th meeting. 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 _________________________ Anthony Baxter, Chairman