Planning Commission

Planning Commission Meeting January 27, 2020 A meeting of the Planning Commission was held on Monday evening, January 27, 2020 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 Robinson Also present was Village Attorney Anthony Cerreto, Planning Director Eric Zamft, Planner Evan Breining, 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 January 27, 2020 After the pledge of allegiance, the first item on the agenda was: Executive Session On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Commission entered into an Executive Session at 7:02 pm to consult with the Village Attorney regarding a case on the agenda. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Passarelli x Scarola x x Summa x x Robinson x On the motion of Commissioner Summa, which was seconded by Commissioner Passerelli, the Commission exited an Executive Session at 7:23 pm Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Passarelli x x Scarola x Summa x x Robinson x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 3 January 27, 2020 Minutes On the Motion of Commissioner Coperine, which was seconded by Commissioner Passerelli, the minutes of the December 5, 2019 meeting were approved. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Passarelli x x Scarola x Summa x Robinson x On the Motion of Commissioner Coperine, which was seconded by Commissioner Summa, the minutes of the January 7, 2020 meeting were approved. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Passarelli x Scarola x Summa x x Robinson x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 4 January 27, 2020 Extensions Case #2018-0181 A letter dated January 16, 2020 was received from Howie Ravikoff of M. Ravikoff Associates, Inc. requesting a six month extension of a previously approved site plan for 140 Westchester Avenue, Section 142.0, Block 2, Lot 65. Original Site Plan approval was received on January 28, 2019. On the motion of Commissioner Summa, which was seconded by Commissioner Scarola, The extension request was granted and will expire on June 28, 2020 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Passarelli x x Scarola x Summa x Robinson x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 5 January 27, 2020 Continued Public Hearings Case # 2018-0172 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. Interested parties will be afforded the opportunity to be heard On the motion of Commissioner Scarola, which was seconded by Commissioner Espinoza, the Public Hearing was reopened Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x x Passarelli x Scarola x x Summa x Robinson x A letter was received from the applicant requesting an adjournment of this matter to the February meeting while they continue to work on a revised site plan No one from the public spoke for or against this application. On the motion of Commissioner Coperine, which was seconded by Commissioner Scarola, the matter was adjourned to the February 24, 2020 meeting. Planning Commission Minutes Page 6 January 27, 2020 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Passarelli x Scarola x x Summa x Robinson x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 7 January 27, 2020 Case #2018-0175 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 a request to: Site Plan approval to convert existing space (formerly cabaret) into a new restaurant. On the motion of Commissioner Summa, which was seconded by Commissioner Coperine, the Public Hearing was reopened. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Passarelli x Scarola x Summa x x Robinson x Anthony Gioffre of Cuddy Esq. represented the matter for the applicant Luis Lopez who was also present. Also present was on Tone of Sam Schwartz Engineering. Mr. Cuddy said that the last time they were before the Commission there were three items to be resolved. 1. ADA Compliance and Accessibility. The plans and the records demonstrate that there are ADA Compliant strategies that are being incorporated into the plan. Pedestrian ramps at the Willow Street approach are being replaced with ADA compliant ramps and new high visibility crosswalks. The applicant will install an ADFA warning bell at the entrance to alert staff of needed ADA assistance. There will be an operations manager situated at the front of the restaurant to coordinate these actions. 2. Stage Use The stage will only be utilized for dining purposes and there will be no other use for the stage. The applicant is willing to have that as a condition for approval. 3. Parking and Associated Traffic Concerns an application was submitted to the Zoning Board of Appeals. There are 30 spaces that are required pursuant to the Code, a variance for 17 spaces has been granted, Findings of Fact have been adopted. All the requisite variances for parking have been granted. No additional parking is being requested beyond those 13 spaces. Mr. Tone of Sam Schwartz Engineering said they reviewed all the material for a parking perspective prioritizing the site plan to demonstrate that the parking is sufficient. The most important things for the applicant and to satisfy the Village is to Communicate to the employees to use the parking at the waterfront lot. Leverage information on the website for patrons regarding the parking availability nearby. Commit to having an operations manager on site. No dropping off or picking up patrons in the roadway and no loitering or noise surrounding the establishment. Planning Commission Minutes Page 8 January 27, 2020 Planning Director Eric Zamft agreed with the summation and also stressed that most of the ADA compliance issues fall within the prevue of the Building Department. AKRF Traffic Consultant offered the following PARKING According the Village’s off-street parking requirements, 30 parking spaces are required for the proposed 88 seats and 32 patron capacity counter/bar space. Although 7 Willow Street does not provide space for off-street parking, the Applicant plans to provide 13 parking spaces at their vacant lot opposite the restaurant at 10 Willow Street, resulting in a parking shortfall of 17 spaces. The Applicant was granted a parking variance by the Zoning Board of Appeals equivalent to the parking shortfall of 17 spaces. Furthermore, Sam Schwartz Engineering conducted an on-street parking utilization assessment in September 2018 during two Saturday evenings. The parking survey found that 11 to 13 parking spaces were available in the vicinity of the surveyed roadways, and that the remaining demand could be accommodated on Main Street and Grace Church Street which were not surveyed. Because the Applicant obtained a parking variance granted by the Zoning Board of Appeals, in addition to the available on-street parking surveyed by Sam Schwartz Engineering, AKRF concludes that parking provisions for 7 Willow Street are sufficient for the proposed modifications and land use. However, due to the parking shortfall at the provided parking lot, some of the trips would need to immediately exit back out onto Boston Post Road to locate available parking. A traffic analysis was conducted at the Boston Post Road and Slater Street, Boston Post Road and Willow Street, and Boston Post Road and Grace Church Street/Purdy Avenue intersections to determine if the level of service would degrade with the additional project-generated trips. While the additional traffic would increase the delay experienced at the study intersection from one to four seconds, the level of service would remain similar to the existing condition. PEDESTRIAN AND ADA ACCESS Pedestrian access to 7 Willow Street site from the parking lot located at 10 Willow Street is provided along the existing Willow Street sidewalks. The Applicant had previously agreed to the improvements recommended by AKRF in the 7 Willow Street Traffic and Parking Analysis dated July 23, 2019, including AKRF concludes that the parking provisions for 7 Willow Street are sufficient for the proposed modifications and land use. However, any vehicles arriving at 7 Willow Street that are unable to find parking at the 10 Willow Street parking lot or on Willow Street would have to conduct a U-turn to exit onto Boston Post Road/Main Street. Therefore, AKRF recommends the following:  The Applicant should provide a vehicle turning movement diagram for a vehicle U-turning on Willow Street to ensure there is adequate space to perform this maneuver.  The Applicant should explore management strategies to inform patrons on Boston Post Road that the parking lot is full before vehicles turn onto Willow Street No one from the public spoke for or against this application. Planning Commission Minutes Page 9 January 27, 2020 On the motion of Commissioner Scarola, which was seconded by Commissioner Coperine, the Public Hearing was adjourned to February 24, 2020. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Passarelli x Scarola x x Summa x Robinson x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 10 January 27, 2020 Case #2019-0195 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 third through fifth floors, and a total of 20 residential units on the sixth floor through ninth floor penthouse. 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 Passarelli x Scarola x Summa x x Robinson x Anthony Gioffre Esq. of Cuddy & Feder represented the matter for the applicant Nick Williams who was also present. Also in support of the application was Pierre Sarrazin Architect for the project and Dan Patrick of Cuddy & Feder. Mr. Gioffre began by saying that they have been before the Commission several time and given full presentations and will be glad to go through it again if desired but will just hit the highlights and the outstanding issues otherwise. The applicant proposes to construct a new nine-story mixed-use development containing a microbrewery/brewpub on the first and second floors, (15 barrell production facility), full service kitchen office spaces on the third through fifth floors, and a total of 22 dwelling units on the sixth floor through ninth floor penthouse. Six High efficiency studios, twelve 1 bedroom units and four penthouse units. All uses are permitted as of right Construction Management Plan – Has been submitted for your review since the last meeting Planning Commission Minutes Page 11 January 27, 2020 Displacement – all tenants are month to month tenants. Mr. Williams has been working feverishly to assist the tenants to find new commercial and residential space. He has reached out to other developers and local brokers to help tenants who will be displaced. He has also met with individual tenants as recently as last Friday. Mr. Williams also gave testimony that he has been working with the tenants and has given extensions, lowered rents and free rents in his efforts to assist those who will be displaced. Traffic Consultants offered the following PARKING ASSESSMENT MMI conducted a parking assessment that summarizes the parking demand of the proposed project and the available parking in the vicinity of the study area. The proposed project is anticipated to generate a maximum demand of 60 vehicles at 6:00 PM and 48 vehicles at 9:00 PM during a typical weekday. The parking demand at midnight, in part attributed to brewpub patrons in addition to residents parking overnight, is 27 vehicles. MMI conducted off-street parking counts in November 2019 at municipal lots, not including the Metro- North station parking lot, and found that there were a total of 263 off-street parking spaces with 102 spaces available at 6:00 PM and 71 spaces available at 9:00 PM. MMI also conducted on-street parking counts in November 2019 at on-street locations within a quarter-mile of the project site, and found that there were a total of approximately 350 parking spaces with 131 spaces available at 6:00 PM and 80 spaces available at 9:00 PM. The November parking counts were collected during a concert at the Capitol Theater PROJECT-GENERATED TRAFFIC The trip generation analysis conducted by MMI was revised to address AKRF’s comments dated October 21, 2019. The brewpub trip generation estimate was revised to utilize Drinking Place (Land Use 925) trip generation rates for the PM peak hour. Because trip generation rates are not provided in the ITE Trip Generation Manual, 10th Edition for the Drinking Place land use, Quality Restaurant (Land Use 930) rates are utilized for the AM peak hour. AKRF agrees with this approach. The Applicant has stated that it is not known whether the office space will be used as traditional office space or co-working office space. The proposed project is anticipated to generate 21 vehicles during the AM peak hour and 60 vehicles during the PM peak hour. SITE LOADING OPERATIONS The Applicant has stated that large box trucks are anticipated to be the largest-sized vehicle accessing the site. Larger vehicles are not anticipated at the site, but would park on street. TRAFFIC OPERATIONS Because the project-generated vehicle trips would be dispersed to various parking locations in the area, the project is not anticipated to impact traffic operations at nearby intersections. PEDESTRIAN MOBILITY UPGRADES As part of the proposed development, MMI states that the following improvements are recommended: 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 Planning Commission Minutes Page 12 January 27, 2020 3. Replacement of the drainage catch basin on the crosswalk of the Irving Avenue leg with an ADA accessible Grate 4. Bicycle parking/storage – 16 storage spaces along Irving Avenue installed at the northern façade of the 30 Broad Street site Recent MTA improvements at the Port Chester Metro North Station improve pedestrian access at the Broad Street entrance to the station. In addition to the improvements recommended by MMI, AKRF recommends the following additional improvements:  Adding curb extensions at the northbound Broad Street Approach. The southeast corner of the intersection has a utility pole that restricts pedestrian access, shown in Figure 1Adding curb extensions at the northbound Broad Street Approach. The southeast corner of the intersection has a utility pole that restricts pedestrian access, shown in Figure 1. Adding curb extensions at the approach would improve pedestrian circulation at the southeast corner, and could improve Pedestrian crossing safety by shortening the crossing distance. Stephane a Port Chester resident located at 136 Irving Avenue spoke about her displacement issues. Planning Director Eric Zamft also read into the record correspondence received from Richard Hyman, Chair of the Westchester County Planning Board. On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the Public Hearing was adjourned to February 24, 2020 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Passarelli x Scarola x x Summa x x Robinson x _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 13 January 27, 2020 Case # 2019-0196 an application submitted by Eliot Senor & Alex Zoldan on behalf of Congregation Kneses Tifereth Israel (KTI), 575 King Street Port Chester, NY known and designated as Section 136.46, Block 2, Lot(s) to consider request to: Subdivide an unused portion of the property into four building lots. Eliot Senor Engineer/Surveyor of Hartsdale represented this application. Mr. Senor said the Zone is a 7500 sq. ft. lot and there are four lots. The smallest lot is over 12000 sq. ft. The access driveway will be 3 from King Street and 1 off of Quintard. Mr. Senor said they were before the Commission some weeks ago when a question arose about noticing. They have added some additional signs to the property to comply with the noticing guidelines. (Harve) After the last meeting they met with the Village professional staff who recommended a few changes. Unfortunately they did not have time to make those changes which entailed the placement of the driveway on the last house. Traffic Consultants AKRF offered the following SITE PLAN The site plan dated November 8, 2019 shows three new subdivided lots (labeled Lots 2, 3, and 4) with driveways exiting onto King Street, a roadway under the jurisdiction of New York State Department of Transportation (NYSDOT) Region 8. Any driveways added to King Street would be subject to the approval of NYSDOT. There are existing single-family houses located along King Street with driveways that exit onto King Street located across from the project site on the east side of King Street. The driveway for the fourth lot, labeled Lot 5, the southernmost proposed lot, is located along Quintard Drive and located approximately 70 feet from the Quintard Drive and King Street intersection. The driveway for Lot 4 is located approximately 150 feet from the Quintard Drive and King Street intersection, and approximately 70 feet from the adjacent driveway of Lot 3. The driveway for Lot 2 is located approximately 30 feet away from the adjacent driveway of Lot 3. The short distance between these two driveways may have impacts on driver sight distance. AKRF recommends revising the site plan to adjust the orientation of the proposed residence on Lot 2 to achieve a greater distance between the driveways of Lots 2 and 3. According to the 2017 NYSDOT Highway Design Manual, Chapter 5, the minimum distance from a driveway to an adjacent intersection on a State highway is two times the width plus 15 feet. The driveways at both Lots 4 and 5 are in compliance with NYSDOT requirements for distance to the King Street and Quintard Drive intersection It was later discussed that the planning Commission would be Lead agency for this project as it relates to SEQRA. On the motion of Commissioner Scarola, which was seconded by Commissioner Robinson, the Planning Commission declared itself Lead Agency for SEQRA pertaining to this project. Planning Commission Minutes Page 14 January 27, 2020 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Passarelli x Scarola x x Summa x Robinson x x On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, the matter was referred to the Traffic Commission Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Passarelli x Scarola x x Summa x x Robinson x In addition the applicant will provide a tree management plan along with a copy of the deed restrictions for the site. Because this was a Public Meeting the matter was adjourned to the February 24, 2020 meeting and no vote was necessary. _________________________ Anthony Baxter, Chairman Planning Commission Minutes Page 15 January 27, 2020 Case # 2019-0197 an application submitted by Gary Gianfrancesco of Arconics Architecture on behalf of JEJR, LLC for property located at 5 Midland Avenue, Port Chester, NY known and designated as Section 142.46, Block 2, Lot(s) 10, 11 and 12 to consider request to: remove existing auto repair building and warehouse and combine 3 lots to construct a 2 story storage building with 10 parking spaces. Gary Gianfrancesco of Arconics Architecture represented this matter along with Architect Ralph Mastromonaco. Mr Gianfranesco began by saying: Planning Commission Minutes Page 16 January 27, 2020 He following recommendations were made by AKRF Traffic Consultants 1. The Applicant should also consider replacing the existing curb ramp adjacent to the site at the Grace Church Street and Midland Avenue intersection with a new ADA-compliant pedestrian curb ramp. 2. Close the eastern driveway along Midland Avenue to comply with the NYSDOT Highway Design Manual. 3. The Applicant should confirm the number of parking spaces. Furthermore, the Applicant should also confirm ADA parking accessibility for the second story accessed via Grace Church Street. 4. The Applicant should provide the anticipated number of vehicle and truck trips associated with the proposed project. 5. The Applicant should also provide information on how truck deliveries will be made at the site, i.e. time of deliveries, whether the truck will be parked on-street or off-street. On the motion of Commissioner Scarola, which was seconded by Commissioner Summa, a Public Hearing was set for February 24, 2020 Planning Commission Minutes Page 17 January 27, 2020 Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x Espinoza x Passarelli x Scarola x x Summa x x Robinson x ______________________ Anthony Baxter, Chairman Planning Commission Minutes Page 18 January 27, 2020 Planning Updates & Staff Discussions Tarry Lighthouse Application – SEQRA Lead Agency Traffic Review Form Based Code – Schedule and SEQTA Review Update ___________________ Anthony Baxter, Chairman Planning Commission Minutes Page 19 January 27, 2020 Adjourn Meeting On the motion of Commissioner Coperine, which was seconded by Commissioner Scarola, the meeting was adjourned to January 27, 2020. Roll Call Member Motion Second Yes No Abstain Absent Baxter x Coperine x x Espinoza x Passarelli x Scarola x x Summa x Robinson x _________________________ Anthony Baxter, Chairman