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HomeMy WebLinkAbout2017_04_05 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD IN CONFERENCE ROOM C OF THE TOWN CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK APRIL 5, 2017 Roll Call Present: Ralph Engel, Chair, Elizabeth Cooney, Vice Chair, Edmund Papazian, George Roniger, Ira Block, Eileen Weingarten, Donald Kravet Also Present: Elizabeth Paul, Environmental Consultant, Lisa Hochman, Counsel to Planning Board, Anthony Oliveri, P.E., Consulting Engineer, Francine M. Brill Secretary to Planning Board Absent/Excused: John Landi, Building Inspector, Jaine Elkind- Eney, Town Board Liaison, Ronald Mandel CALL TO ORDER The meeting was called to order at 7:32P.M. Mr. Engel stated that the meeting is being held today because of next week's school vacation. 1. MINUTES Mr. Roniger asked for a clearer explanation of the pump system for Stonewall Lane. Mr. Lachenauer, the applicant's engineer, explained the pump system. Motion: To approve the minutes of March 8, 2017 with technical corrections Action: Approved Moved by Eileen Weingarten, seconded by Elizabeth Cooney Vote: Ralph Engel, Edmund Papazian, George Roniger, Ira Block, Elizabeth Cooney, Eileen Weingarten, Donald Kravet 2. 5 Valley Stream Road—Wetlands and Watercourses Permit Public Hearing continued Anthony Gioffre of Cuddy and Feder, the applicant's attorney, stated that they have appeared before the Coastal Zone Management Commission (CZMC) for a second time and responded to their concerns and CZMC now finds the proposal to be consistent. Bill Lachenauer addressed the Board. He stated that the CZMC asked that ground water and surface water be separated, that the system be redesigned for the 100 year storm, the test pits be redone and the roof leaders be redirected. He further stated that they redesigned the system for the 100 year storm, re-did the test pits and found that the results were similar with a slightly better percolation rate than the previous tests. The roof leaders are directly connected to the 1 street drain, reducing the rate of runoff, with the end result being that the sump pump now only serves the driveway. The house was raised as requested and flood vents placed. The existing house and drive had no water quality or drainage controls, the volume of water leaving the site will be reduced.The latest plan date is March 15, 2017. Mr. Block discussed an email that was sent on 4/5/2017 from Mr. Gassman with a photo showing ground water on the site. The memo and photo was entered into the record and marked Exhibits 1-17 and 2-17. Ms. Paul explained that CZMC asked that ground water and surface water be separated so as to not over load the system. Mr. Oliveri stated, in response to Mr. Gassman's letter, that Mr. Gassman may not be aware that the test pits were redone with almost the same result. He further stated that he met with Mr. Gassman previously and discussed the plan in detail and stated it was his understanding that all of Mr. Gasman's previous concerns have been addressed. The sump pump is no longer below ground water table and the chamber is sealed so no ground water enters it. Mr. Oliveri stated he is satisfied with the issues as they were addressed. The cultecs were discussed. Ms. Paul stated that the CZMC concerns have been addressed and the proposal is consistent with the LWRP. Motion: To open the public hearing Action: Approved Moved by Elizabeth Cooney, seconded by Eileen Weingarten Vote: Ralph Engel, Edmund Papazian, George Roniger, Ira Block, Elizabeth Cooney, Eileen Weingarten, Donald Kravet PUBLIC COMMENTS Lauren Belisle of 9 Crescent Road stated that she came to hear about the updates and trusts the Coastal Management Zone Comission and Planning Board. She thanked the Board members for their review and asked about next steps and Mr. Engel explained. Motion: To close the public hearing Action: Approved Moved by: Eileen Weingarten, seconded by George Roniger The draft resolution prepared by Ms. Hochman was discussed. Motion: To approve the Wetlands and Water Courses Resolution with technical corrections Action: Approved Moved by: Ira Block, seconded by Eileen Weingarten 2 On motion of Ira Block seconded by Eileen Weingarten, the application of Cynthia Avellino (the "Applicant")for approval of a wetlands and watercourses permit was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of 7 to 0 with 0 abstention(s). WHEREAS, the Applicant has applied for a Wetlands and Watercourses Permit pursuant to the Wetlands and Watercourses Protection Law of the Town of Mamaroneck (Local Law 6- 2003) Town of Mamaroneck Code, Chapter 114 (the "Wetlands Law"); and WHEREAS, the Applicant has applied for a permit under the Wetlands Law to remodel a single family dwelling within the wetland buffer of the Sheldrake River (the "Proposed Action"); and WHEREAS, the subject property is located at 5 Valley Stream Road and known on the Tax Assessment map of the Town of Mamaroneck as Section2, Block 20, Lot 14 (the "Property"); and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act and 6 NYCRR§ 617 et seq. and Section 92-8.A(22)(b) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS, the Coastal Zone Management Commission ("CZMC") considered the Proposed Action at its February 27, 2017 meeting and issued a letter to the Board dated March 2, 2017 (the"March 2 CZMC Letter"), stating that the proposal is consistent with Policies 11 and 17 of the Local Waterfront Revitalization Plan (LWRP); and WHEREAS, the March 2 CZMC Letter stated "the basement slab and trench drain as proposed will be located below the water table, requiring constant pumping of water to the infiltrators, surcharging the system before stormwater is introduced"which will make the property vulnerable to flooding during a 25-year storm event; and WHEREAS,the March 2 CZMC letter made certain recommendations to address concerns about flooding; and WHEREAS, the Applicant presented revised plans to the CZMC at its meeting on March 27, 2017 and the CZMC issued a letter to the Board, dated March 31, 2017, stating that the Proposed Action, as revised, is consistent with the LWRP; and WHEREAS, the Planning Board conducted a duly noticed Public Hearing pursuant to the Wetlands Law §114-7(C) on April 5, 2017; and WHEREAS, Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") 3 reviewed the following plans (hereinafter referred to as the"Plans for 5 Valley Stream Road") and determined that the Proposed Action complies with the Code of the Town of Mamaroneck: • Off-Site Conditions, C-1, prepared by Hudson Engineering & Consulting, P.C, dated December 8, 2016 and last revised on March 15, 2017 • Existing Conditions/Demolition Plan, C-2,prepared by Hudson Engineering&Consulting, P.C, dated December 8, 2016 • Site Plan, C-3, prepared by Hudson Engineering & Consulting, P.C, dated December 8, 2016 and last revised on March 15, 2017 • Stormwater Management Plan, C-4, prepared by Hudson Engineering & Consulting, P.C, dated December 8, 2016 and last revised on March 15, 2017 • Compensatory Storage Analysis, C-5,prepared by Hudson Engineering&Consulting,P.C, dated March 15, 2017 • Details, C-6,prepared by Hudson Engineering&Consulting,P.C, dated December 8, 2016 and last revised on March 15, 2017 • Floor Plans, A.1.1,prepared by Jonathan M. Avellino,P.E.,last revised on March 21, 2017 • Proposed Landscape Plan, LP-1.0, prepared by Elizabeth Gonzalez-Guillot, dated January 18. 2017, last revised on February 16, 2017 WHEREAS, in accordance with Wetlands Law §114-7(D), the Board has considered the following: 1. all available reports concerning the Proposed Action from other commissions, including the CZMC, and Town, County, State and/or Federal agencies; 2. all relevant facts and circumstances pertaining to the Proposed Action, including but not limited to: a. any potential environmental impact of the Proposed Action; The Planning Board finds the Proposed Action will not have a negative environmental impact because an on-site stormwater system will treat runoff from impervious surfaces for all storm events up to and including the 100-year storm event by use of a sub-surface infiltration system. The Planning Board further finds that the proposed improvements will reduce the peak rate and the total volume of stormwater runoff and prevent unwanted sediment from reaching the watercourse. b. the alternatives to the Proposed Action; The Planning Board finds that there are no alternatives to the Proposed Action because impacts to wetlands and watercourses have been mitigated to the greatest extent practicable. 4 c. the impact of the Proposed Action on wetland functions and the benefits as set forth in Wetlands Law §114-1; The Planning Board finds the Proposed Action will not negatively impact wetland functions because the proposed stormwater system will provide on-site water quality and quantity treatment for storms up to and including the 100 year storm event. 3. the availability of preferable alternative locations for the Proposed Action on the subject parcel; The Planning Board finds that there is no reasonable alternate location because the entire building envelope is located within the wetland buffer. 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Applicant has stated that a temporary silt fence will be used to prevent eroded material created during construction from exiting the site and entering the street, adjacent property and watercourse. In addition, the stormwater system incorporates deep sumps on all drain inlets to prevent sediment from reducing the efficiency of the Cultec units. The overflow of the system is designed to convey excess stormwater through a 6"diameter pipe to the existing catch basin located in the front of the property. 5. the possibility of avoiding reduction of the wetland's or watercourse's natural capacity to support desirable biological life, prevent flooding, control sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; and The Planning Board finds that the Proposed Action will not impact the wetland's or watercourse's natural capacities because the runoff from the site will be adequately managed through the onsite stormwater system and the proposed improvements will increase the 100 year flood plain storage capacity. 6. the extent to which the public or private benefit derived from such use may or may not outweigh or justify the possible degradation of the wetland or watercourse, the interference with the exercise of other property rights, and the impairment or endangerment of public health, safety, or welfare. 5 The Planning Board finds that the Applicant has demonstrated that any increased stormwater runoff generated by the development will be mitigated to avoid potential impacts to wetlands and watercourses and therefore the benefit to the Applicant outweighs any detriment to the public's interest in safeguarding wetlands and watercourses. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board further finds, pursuant to Wetlands Law §114-7(E), based on the record before it, that the Applicant's proposed regulated activity is consistent with the purposes of the LWRP and the Wetlands Law, as set forth in §114- 1 and that the action taken will minimize all adverse effects on such policy to the maximum extent practicable: 1. To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the natural benefits of wetlands and watercourses that is consistent with the general welfare and beneficial economic and social development of the town; and 2. To ensure maximum protection for wetlands and watercourses by discouraging degradation within them and within their buffers that may adversely affect these natural resources; and to encourage restoration of already degraded or destroyed wetlands, watercourse and buffers, and to ensure "no net loss" of wetlands and watercourse areas. BE IT FURTHER RESOLVED, that the Planning Board APPROVES the Application as reflected in the hereinabove identified Plans for 5 Valley Stream Road submitted in connection with the Application: BE IT FURTHER RESOLVED, that the application of the Applicant for a Wetlands and Watercourses Permit is hereby GRANTED, subject to the following terms and conditions: 1. Prior to the commencement of construction, appropriate measures shall be undertaken to control erosion and minimize water turbidity during construction, including stabilization of the riverbank. 2. All site work shall be in accordance with the latest revised plans submitted, as herein referenced. 3. All applicable county, state and regional permits shall be obtained prior to the issuance of Town permits. In the event that such permit(s)require any modification to the approved plans, a determination shall be made by the Building Inspector, in consultation with the Town's Consulting Engineer, as to whether the necessary modification is substantial and therefore should be returned to the Planning Board. 6 4. Applicant will arrange a pre-construction meeting with the Town Building Inspector prior to any further site disturbance. 5. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval prior to commencing further site work. The Applicant shall notify the Town Building Inspector and Town's Consulting Engineer at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices, and tree and stream protection measures. 6. Applicant shall furnish an "as built" topographical survey when construction is completed. 7. There shall be no letter of completion issued until there is full compliance with each condition contained within this resolution and the plans incorporated herein. 8. Work conducted under Town permits shall be open to inspection at any time, including weekends and holidays,by the Town of Mamaroneck Building Inspector, Town's Consulting Engineer and Environmental Planner or their designated representative(s). 9. The Wetlands and Watercourses Permit shall expire two years from the date it is is sued. 10. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 11. Violation of any of the conditions imposed herein may result in revocation of the Wetlands and Watercourses Permit and any other permits the Town may deem appropriate. 12. The development must comply with Chapter 110 of the Town Code to the satisfaction of the Town Building and Engineering Department. 13. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to the estimated cost of the improvements within the wetland buffer. This can be combined with the Erosion and Sediment Control Permit bond to ensure satisfactory completion of the project and the rehabilitation of the affected or disturbed areas. 14. Any tree removal and planting plan shall be in compliance with Chapter 207 of the Town Code (Trees) and work shall be completed to the satisfaction of the Town Environmental Planner. 7 15. The term"Applicant"as used herein in connection with the intent to impose a future obligation or condition shall include the Applicant, as defined above, and any successors or assigns in/of ownership interests in the Subject Property or any portion thereof Vote: In Favor: Ralph Engel, Edmund Papazian, George Roniger, Ira Block, Elizabeth Cooney, Eileen Weingarten, Donald Kravet Against: None Abstain: None This decision was filed with the Town Clerk. 3. 1330 Boston Post Road—Special Use Permit Renewal Scott Sergino Area Manager of Cosi, addressed the Board. Mr. Engel stated that the application is incomplete because the Board requires a notarized letter from the landlord authorizing the application. Mr. Engel also asked about the reference to outdoor seating. Mr. Sergiano stated that they have had outdoor seating for more than 16 years. Ms. Brill was asked to check the files for a reference to outdoor seating and to determine whether it is zoning compliant. The matter was adjourned to May 10, 2017. 4. 2 Fairway Drive- Residential Site Plan - Consideration Mr. Charitou did not appear. 5. 4 Fairway Drive - Residential Site Plan - Consideration Mr. Charitou did not appear. Mr. Oliveri stated that he had seen the plans before, when the subdivision was approved, and the structures are similar to previous plans, but the addition of the pool is different. He added that more soil testing may need to be done and pool calculations revised. Mr. Oliveri called Mr. Charitou who stated he did not realize the meeting date had been changed. The Board discussed the plan and expressed concern about the landscaping plan and suggested more plantings should be added to screen the pool from the surrounding neighbors. Mr. Oliveri stated he would inform the applicant of the Board comments. OTHER BUSINESS 8 172 Myrtle Blvd Ms. Hochman stated the applicant needs to return to the Zoning Board for a number of variances. 615 Fifth Avenue Ms. Hochman stated that the applicant's appearing before the Zoning Board for a number of variances to build a self-storage building on the site. ADJOURNMENT The meeting was adjourned at 8:30 PM Minutes prepared by Francine M. Brill Planning Board Secretary 9