Planning Commission

Planning Commission Meeting October 28, 2019 A meeting of the Planning Commission was held on Monday evening, October 28, 2019 at Village Justice Courtroom, 350 North Main Street, Port Chester, NY at 7:00 p.m. with Commissioner Peter Coperine presiding. Present in addition to Commissioner Coperine were Commissioners: Espinoza , Montesano, Passarelli, Scarola and Summa Also present was Village Attorney Anthony Cerreto, Planning Director Eric Zamft, 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 October 28, 2019 After the pledge of allegiance, the first item on the agenda was: Minutes The minutes of the September meeting were not available and will be available at next months meeting. _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 3 October 28, 2019 Case #2018-0175 – Continued Public Hearing 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 Scarola, which was seconded by Commissioner Summa, the Public Hearing was reopened. 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 Mario DeMarco Esq. represented the matter for the applicant. Mr. DeMarco requested that the matter be adjourned to the November meeting while they are still addressing the concerns that were brought up at last months meeting. On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the matter was adjourned to the November 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 4 October 28, 2019 Case # 2018-0172 – Continued Public Hearing 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 Scarola, which was seconded by Commissioner Summa, the Public Hearing was reopened. 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 A letter was received from the applicant requesting an adjournment of this matter to the November 25th meeting On the motion of Commissioner Scarola, which was seconded by Commissioner Montesano, the Public Hearing was adjourned to the November 25th 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 5 October 28, 2019 Case #2018-0186 – Continued Public Hearing 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 Scarola, which was seconded by Commissioner Passarelli, the Public Hearing was reopened 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 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; and Peter Catazone of Catazone Engineering. Mr. Gioffre began by saying when they last appeared before the Commission they were not in a position to take any action on the application and needed some additional clarification on the SEQRA portion. Since that time the applicant had an opportunity to sit down with staff to address the parking in the vicinity which was previously in question. A cumulative parking analysis was prepared which was summarized to the Commission by Mr. Dempsey who said he also had discussions with Village Staff and AKRF Traffic Consultants for the village. Mike Beattie of AKRF said that they conducted parking counts and observations for on- street and off-street parking within a quarter-mile area of 108 South Main Street during a weekday midday period to capture office and retail parking conditions. The Costco lot, Broad Street Metro North lot, and the Abendroth Avenue Waterfront lot were not included as part of the parking observations. During the observation period, PDE observed approximately 800 vacant parking spaces within the quarter mile study area. The existing lot at 108 South Main Street is only about 50 percent occupied during the day. The memorandum concludes that sufficient parking is available within the study area, with available onstreet parking and off-street parking at the second floor of the MTA Waterfront Planning Commission Minutes Page 6 October 28, 2019 Garage, and there is capacity for the parking demand for One Gateway to be accommodated. AKRF has reviewed the data collected by PDE, and agrees with their conclusion. The memorandum also includes clarification on technical aspects of the Tartaglia Memorandum dated October 17, 2019 on available parking for specific locations. AKRF agrees that 50 South Main Street has 34 parking spaces along East Broadway. However, Open Door Family Medical Center has a lot with 14 parking spaces and 21 Grace Church Street (106 Purdy Avenue) has approximately 32 on-site parking spaces Mark Chertok, Esq. stated that the Zoning does not require parking but the applicant has provided sufficient parking. As explained there is a shared parking concept that will be utilized during the day. There was also a settlement agreement about twenty years ago between G&S and Gateway that has apparently caused some confusion. The agreement is of no relevance any longer because the property has been acquired by the present applicant and the provisions in the settlement agreement are null and void. There will also be a clause in the site plan resolution to do a parking study after the site is built and is operational. It is not a mitigation issue under SEQRA just a provision of the site plan. Village Engineer Vince Masucci provided the following comments  Myneta Place is to be maintained. (Village Attorney to review and comment for any special conditions). Understand that applicant may be purchasing area of street within their perimeter property lines. Site PlanSD-101 indicates section to be de-mapped.  Relocation of bus stop to be approval by Westchester County transportation department.  Roadwork to be restored from curb to curb.  Con Edison manhole to be protected during excavation and foundation installation on East William Street.  Analysis for sanitary sewer flow to be reviewed. (See Exhibit J in report). Applicant to provide estimate for total sewer flow for possible Infiltration & Inflow contribution. Formula for contribution is (Projected Sewage Flow) x (three) x ($1/gallon). The I&I contribution is a provision by Westchester County for municipalities for improvements to the infrastructure based upon a three to one ratio for reduction of sanitary flow. Section 345-61Q (4) (a) (2) requires site to be within treatment plants capacity per capita per day. Section 824.72 of the Westchester County Code limits quantity of flow to 150 gallons per capita per day for the population of the tributary sewer system. Port Chester is listed as exceeding the maximum limit based upon the Long Island Sound Sanitary Sewer Districts Flow Monitoring Program Report revised June 2013.*  Suez review and approval for water supply for building use and sprinklers. (Applicant has submitted applications to SUEZ). *  Permits for any work within the right of way to be submitted to Engineering.  Usage of public street area for staging requires permits from Village Clerk’ Office per (Section 319-39B). Planning Commission Minutes Page 7 October 28, 2019  Check calculations for areas of building uses. Plan totals are not aligned with application and letter descriptions.  Has application been made to Con Edison for natural gas connections and has it been approved with the moratorium position by the utility company? (Applicant received Case Number MC-399896).  Storm water management has designed the on-site retention for the 100 year storm. Site is within the 500 year floodplain.  Construction along adjacent property lines and existing buildings to be reviewed for protection.  Use of blasting for protection of area to address safety measures for the open area and adjacent structures.  Traffic study to be reviewed by Traffic Engineer for exiting and entry along East William Street. *Engineering Response dated 10/22/2019 from Catizone Engineering, P.C. as follows: SANITARY SEWER – Engineering firm addresses issue of volume of discharge to be reviewed and approved through the WCDOH and that the sewer line will be designed to comply with engineering design standards in this review process. They recommend that this be a condition by the Planning Commission in their site plan review. WATER - The engineering firm addresses the water flow analysis as adequate to handle the water requirements for the building and the fire suppression system. They will be designing the system with a fire pump in order to comply with NFPA and NYS Building Code due to the height of the building. Suez has provided the firm with their analysis and flow test results. Public Ariane Christopher – Port Chester resident On the motion of Commissioner Scarola, which was seconded by Commissioner Passarelli, the Public Hearing was reopened 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 Planning Commission Minutes Page 8 October 28, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Public Hearing was closed 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 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 Scarola, which was seconded by Commissioner Espinoza, the Special Exception 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 x Summa x Planning Commission Minutes Page 9 October 28, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Site Plan 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 10 October 28, 2019 Case # 2019-0194 (formerly 2019-0185) Continued Public Meeting 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 of Cuddy & Feder represented the matter for the applicant. Also in support of the applicant, Brian Dempsey Traffic Engineer. Mr. Gioffre began by saying they were before the Commission last month with their proposal seeking referral out to the Zoning Board of Appeals as well as other agencies; Traffic Commission, Architectural Board and Waterfront Commission. The Commission was hesitant to make the referrals last month because they did not receive the Zoning Compliance Forms from the Building Department which they now have received. After a quick review of the required variances needed and a brief question and answer session, it was determined that the Planning Commission is not in favor of the applications requested variances per the new Zoning Code and that the application would be referred using the standards of the current Zoning Code On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the matter was referred to the Zoning Board of Appeals to obtain the necessary variances 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 Planning Commission Minutes Page 11 October 28, 2019 On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the matter was referred to the Zoning Board of Appeals to obtain the necessary variances 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 Scarola, which was seconded by Commissioner Summa, the matter was referred to the Waterfront Commission, the Traffic Commission and Architectural Review Board 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 12 October 28, 2019 Case #2019-0195 – New Public Meeting an application submitted by Anthony B. Gioffre III, Esq. of Cuddy & Feder LLP on behalf of 30 Broad St. Owners LLC and 136-138 Irving Owners LLC for property located at 30 Broad Street & 136 Irving Avenue, known and designated as Section 142.22, Block 2, Lot(s) 2 & 3, to consider request for Site Plan approval to raze the two existing structures at the project location and construct a new nine-story mixed-use development containing a microbrewery/brewpub on the first and second floors, office spaces on the second through fifth floors, and a total of 20 residential units on the sixth floor through ninth floor penthouse. Anthony Gioffre Esq. of Cuddy & Feder represented the matter for the applicant. Mr. Gioffre began by offering an apology that the representative of the applicant could not be present tonight. He has an office in Port Chester and is looking to move his other businesses here as well. Also present with Mr. Gioffre was Pierre Sarrazin, Architect, Neil Linsky Traffic Engineer, and Azim Alareeza Civic Engineer from Fusion Engineering. This proposal seeks to redevelop the properties that are within the C5 Train Station Mixed Use Zoning District. District. The applicant is proposing a nine story mixed use development which supports the Village’s goal of transient oriented development. The project will encompass an area of 6000 square feet. The building will have convenient frontages on two streets directly across from the train station. Pierre Sarrazin Architect walked the Commission through the submitted plans and offered renderings of the site. The development proposes a brewpub on the ground floor with indoor and outdoor dining space at street level and on the second floor. The remainder of the second floor through fifth floor will consist of rentable office space. Floors six through eight will each have four one bedroom and two studio apartments and there will be a ninth floor penthouse. The proposed development is not required to provide any off street parking on site and does not plan to provide any. The proposed development id expecte4d to generate no more than two school aged children. No outdoor storage is proposed. Planner Adam Pisarkiewicz reviewed with the Commission the many variances this application will need and the Commission could offer a referral of this application to the Zoning Board of Appeals. AKRF Traffic Consultants offered the following 1. ADA-accessible pedestrian curb ramps with detectable warning strips at all four corners of Broad Street and Irving Avenue 2. High-visibility crosswalks on all four legs of Broad Street and Irving Avenue 3. Replacement of the drainage catch basin on the crosswalk of the Irving Avenue leg with an ADA accessible grate 4. Bicycle parking/storage 5. MMI should revise the report to indicate that the applicable Village speed limit along both Broad Street and Irving Avenue is 30 mph. 6. The trip generation rate for the residential land use is on a per dwelling unit basis, which has very few Planning Commission Minutes Page 13 October 28, 2019 referenced studies. MMI should use the trip generation equations for occupied dwelling units with 100 percent occupancy. 7. The trip generation rates for a Drinking Place (Land Use 925) should be considered for the brewpub land use or more details should be provided on the brewpub operations supporting the Quality Restaurant land use. 8. MMI should provide an appendix with all referenced materials, including Census data. 9. The Applicant should confirm whether the office land use will be a traditional office or a co-working office space. 10. The Applicant should confirm whether a 30-foot long truck would be the largest size truck at the site. 11. The Applicant should provide information on, if any, where and how many bicycle parking spaces will be provided. 12. AKRF recommends the following additional improvements: a. Adding curb extensions at the northbound Broad Street Approach. b. Repainting the stop bars at the southbound and westbound approaches. 13. The Applicant should confirm whether which, if any, of the proposed improvements will be implemented by the developer and provide a concept plan the proposed improvements. On the motion of Commissioner Summa, which was seconded by Commissioner Scarola, the Planning Commission declared itself Lead Agency for SEQRA 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 Summa, which was seconded by Commissioner Montesano, the matter was favorably referred to the Zoning Board of Appeals to obtain the necessary variances per the current code. Planning Commission Minutes Page 14 October 28, 2019 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 On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the matter was referred to the Waterfront Commission, the Traffic Commission and Architectural Review Board 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 _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 15 October 28, 2019 Referral from Board of Trustees – Discussion Item Petition by Broad Street Owner, LLC for Zoning Text and Map Amendment David Cooper of Zarin & Steinmetz gave an overview of the project to the Planning Commission. On August 5, 2019 Zarin & Steinmetz on behalf of the applicant filed a petition to amend the Code of the village of Port Chester to create a new CD 6T Zoning District encompassing the property and adjacent parcels with supporting documents. The BOT requested that the petition be put in Local Law format and referred it to the planning Commission for their study and report. The Planning Commission reviewed the matter and recommends that the CD6 Zone stay as proposed and not introduce a new zone within its boundaries especially as it relates to building height. On the motion of Commissioner Scarola, which was seconded by Commissioner Espinoza, the planning Commission approved the resolution outlining their recommendation of no change to the zone Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x x Montesano x Passarelli x Scarola x x Summa x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 16 October 28, 2019 Adjourn Meeting On the motion of Commissioner Summa, which was seconded by Commissioner Scarola, the meeting was adjourned to November 21, 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