Loading...
HomeMy WebLinkAbout2017_02_08 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK,FEBRUARY 8,2017 HELD IN CONFERENCE ROOM C OF THE TOWN CENTER 740 WEST BOSTON POST ROAD,MAMARONECK,NEW YORK Roll Call. Present: Ralph M.Engel, (Chairman),Elizabeth Cooney(Vice Chairman),Edmund Papazian, George Roniger, Ira Block,Eileen Weingarten Also Present: John Landi, Building Inspector,Lisa Hochman, Counsel to Planning Board, Anthony Oliveri P.E., Consulting Engineer,Elizabeth Paul,Environmental Consultant,Jaine Elkind-Eney,Town Board Liaison. Absent/Excused: Donald J.Kravet,Ron Mandel, Alternate. CALL TO ORDER The meeting was called to order at 7:34PM MINUTES Motion: To approve the minutes of January 11,2017 Action: Approved Moved by Elizabeth Cooney, Seconded by Eileen Weingarten. 2. 12 Stonewall Lane Nicole and Jordan Dubbs Public Hearing Adjourned 3. 33 Marbourne Drive Public Hearing continued Benedict Salanitro,the applicant's engineer, addressed the Board stating that they are seeking a Wetland and Watercourse permit and a Site Plan approval and that all Board and staff comments have been addressed and he asked that the public hearing be closed. There were no public questions or comments. Motion: To close the public hearing Action: Approved Moved by Edmund Papazian, Seconded by Eileen Weingarten. The draft resolution was discussed and a technical correction made. A bond was discussed and Mr. Oliveri advised the Board that the erosion sediment bond is sufficient. Motion: To approve the Wetland and Watercourse Permit and the Residential Site Plan Action: Approved Moved by Ira Block, Seconded by Elizabeth Cooney. Vote: Motion carried by unanimous roll call vote(summary: Yes=6). 1 Yes: Edmund Papazian,Eileen Weingarten,Elizabeth Cooney, George Roniger, Ira Block,Ralph M.Engel, Chairman. On motion of Ira Block seconded by Eileen Weingarten the application of Jerard Hartman (the "Applicant") for approval of a residential site plan and 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 6 to 0, with no abstentions. WHEREAS, the Applicant has applied to construct a single family house within the buffer of a tributary of the Mamaroneck River(the "Proposed Action"); and WHEREAS, the subject property is located at 33 Marbourne Drive, Town of Mamaroneck,New York and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334, Lot 23 (the "Property"); and 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 approval of a residential site plan pursuant to Local Law 6 — 2016, effective July 1, 2016 and to be codified as Chapter 178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); and WHEREAS,the Applicant has provided all information required by the Wetlands Law and the Residential Site Plan Law and the Application was deemed to be complete; and WHEREAS, the Secretary of the Planning Board stated that all required referrals have been made in accordance with Section 178-9 of the Residential Site Plan Law and comments have been received; 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) 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 meeting on November 28 2016 and issued a letter dated December 1, 2016 (the "CZMC Letter"), stating it found the Proposed Action to be consistent with the policies in the LWRP; and WHEREAS,the Planning Board conducted a duly noticed Public Hearing on December 14,2016,January 11 and February 8, 2017; and WHEREAS, Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer")reviewed the following plans (the "Plans for 33 Marbourne"): • Site Plan for New One Family Residence, A.000.00,prepared by William G. Winters III Architect., dated July 11, 2013 • ER-1 Erosion Plan,prepared by Benedict A. Salanitro P.E., dated August 14, 2016, last revised on January 13, 2017 2 WHEREAS, the Town's Consulting Engineer and Building Inspector stated that the Proposed Action complies with the Code of the Town of Mamaroneck; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the reports and comments of the Town's consulting engineer; and the comments of interested members of the public; and 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 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 that there are no negative environmental impacts related to the Proposed Action because the project proposes to improve water quality and provide for attenuation of the 25-year storm by installing infiltrators in the front yard to control stormwater runoff. The applicant is to remove four tulip trees but has agreed to plant four birch trees and clear debris, branches etc.from the stream. b. the alternatives to the Proposed Action; and The Planning Board finds that given the objectives of the Applicant to construct a single-family home on the parcel, there are no alternatives to the Proposed Action. 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 there will be no significant impact to wetland functions because the Proposed Action has no direct impact to any wetland or watercourse and there is no existing wetland vegetation to be preserved in the buffer. In addition, the Applicant has undertaken to provide appropriate improvements to address water quality and water quantity. In particular, the Planning Board notes that the Proposed Action will have 17% lot coverage, despite the fact that 35%lot coverage is permissible. 3. the availability of preferable alternative locations for the Proposed Action on the subject parcel; The Planning Board finds that the location proposed by the applicant--a dwelling is to be constructed on the level portion of the property with a deck that protrudes over the edge of the watercourse is one that will minimize site disturbance. Further, the house has been proposed without a basement to minimize site disturbance. 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that appropriate permanent safeguards will be provided along the existing slope of the Property and adequate drainage has been proposed in an on-site drainage system. For 3 example, the applicant has agreed to (i) use helical pilings or other non-disruptive pilings to minimize site disturbance and(ii)stabilize the top of the slope below the deck using erosion control matting and (iii) install infiltrators to control stormwater runoff with an overflow to a stabilized outfall to the watercourse. In addition, the Town's Erosion and Sediment Control Law requires that temporary safeguards will be in place during construction and the Applicant has agreed to install and maintain a four foot high fence along the entire top of the slope, to the satisfaction of the Building Inspector. 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 capacity of the wetland or the watercourse because there are no direct impacts to the wetland or watercourse and no wetland vegetation to be removed from the buffer area. In addition, the Proposed Action incorporates adequate and appropriate improvements to address drainage and construction impacts. 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. The Planning Board finds that the home will provide a benefit to the Applicant and the Town will benefit by putting an underutilized property into productive use. No negative impacts to wetlands, watercourses, or downstream areas are anticipated. WHEREAS, the Board finds that the Application conforms to the standards established by Section 178- 12 of the Residential Site Plan Law. 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 referenced Plans for 33 Marbourne submitted in connection with the Application. BE IT FURTHER RESOLVED that this application is hereby GRANTED,subject to the following terms and conditions: 4 1. Prior to the commencement of construction, appropriate measures shall be undertaken to control erosion and minimize water turbidity during construction. 2. All site work shall be in accordance with the latest submitted revised Plans for 33 Marbourne, as herein referenced. 3. All applicable county, state and regional permits shall be obtained prior to the issuance of a building permit. In the event that such permit(s)require any modification to the site plan approved by this resolution, a determination shall be made by the Town Building Inspector in consultation with the Town's Consulting Engineer as to whether the modification is substantial and should be returned to the Planning Board. 4. Applicant will arrange a pre-construction meeting with the Town's Consulting Engineer and the Town Building Inspector prior to any site disturbance. 5. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town's Consulting Engineer for approval prior to commencing site work. 6. Applicant shall furnish an"as built" 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 for 33 Marbourne incorporated herein. 8. In accordance with Section 114.7(F), the following conditions are hereby imposed on the Wetlands and Watercourses Permit (a) Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the approving authority, or its designated representative(s). (b) The permit shall expire on a specified date that is one year from its issuance. (c) The permit holder shall notify the Building Department of the date on which the work is to begin, at least five days in advance of such date. (d) The approving authority's permit shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permit. 9. Violation of any of the conditions imposed herein may result in revocation of this Wetlands and Watercourses Permit. 10. The development must comply with Chapter 110 of the Town Code (Flood Damage Prevention) to the satisfaction of the Town Building Inspector. 11. No structures or portions of structures shall be constructed within the Town's drainage easement shown on the Plans for 33 Marbourne referenced herein. 12. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan is delivered to the Building Inspector. 5 13. No building permit shall be issued until Applicant secures and records an easement for the sewer connection. 14. Applicant shall install and maintain a four-foot high fence along the entire top of the slope in accordance with the approved Plans for 33 Marbourne and to the satisfaction of the Building Inspector 15. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy shall be issued until all of the required conditions of this approval have been fulfilled. Vote: In Favor: Ralph Engel, Chairman, Edmund Papazian, George Roniger, Ira Block, Eileen Weingarten, Elizabeth Cooney Against: None Absent: Donald Kravet, Ron Mandel, Alternate This decision was filed with the Town Clerk. 4. 12 Mohegan Road Public Hearing continued Benedict Salanitro,the applicant's Engineer, addressed the Board, stating that the latest plan with all requested revisions has been submitted and that the applicant's plans received approval from the Coastal Zone Management Commission. The Board discussed the application. There were no public questions or comments. Motion: To close the public hearing Action: Approved Moved by Ira Block, Seconded by Elizabeth Cooney. Motion: To approve the Residential Site Plan Action: Approved Moved by Ira Block, Seconded by Eileen Weingarten. Vote: Motion carried by unanimous roll call vote(summary: Yes=6). Yes: Edmund Papazian,Eileen Weingarten,Elizabeth Cooney, George Roniger, Ira Block,Ralph M.Engel, Chairman. On motion of Ira Block seconded by Elizabeth Cooney, the site plan application of Mohegan Road Development LLC, (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of 6 to 0 with no abstentions. WHEREAS, the Applicant has applied for residential site plan approval to construct a single family house (the "Application") at property located at 12 Mohegan Road, Town of Mamaroneck,New York and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Lot 284 (the "Property"); and 6 WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Local Law 6 — 2016, effective July 1, 2016 and to be codified as Chapter 178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); and WHEREAS,the Applicant has provided all information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and WHEREAS,the Secretary of the Planning Board stated that all required referrals were made in accordance with Section 178-9 of the Residential Site Plan Law and no comments were received; and WHEREAS,in accordance with Chapter 234 of the Town Code, the Application was referred to the Coastal Zone Management Commission; and WHEREAS, the CZMC considered the Application at its meeting on January 23, 2017 and issued a letter to the Planning Board dated January 27,2017 stating that it found the proposed action to be consistent with the policies of the Local Waterfront Revitalization Plan; and WHEREAS, Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer")reviewed the following plans (hereinafter referred to as the "Plans for 12 Mohegan Road"): • Site Plan for New One Family Residence, S-1,prepared by Benedict A. Salanitro P.E., last revised on 1/13/17 • ER-1 Erosion Plan,prepared by Benedict A. Salanitro P.E., last revised on 12/20/16 • ER-2 Landscape Plan,prepared by Benedict A. Salanitro P.E., last revised on 1/13/17 • ER-3 Details,prepared by Benedict A. Salanitro P.E., last revised on 12/20/16 WHEREAS, the Town's Consulting Engineer and Building Inspector stated that the Proposed Action complies with the Code of the Town of Mamaroneck; and WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a public hearing as to the Application on January 11 and February 8, 2017; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the reports and comments of the Town's consulting engineer; and the comments of interested members of the public; 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) of the Town of Mamaroneck Environmental Quality Review Law and,accordingly,no further environmental review is required; and WHEREAS, the Board finds that the Application conforms to the standards established by Section 178- 12 of the Residential Site Plan Law. NOW, THEREFORE,BE IT RESOLVED,that the Planning Board APPROVES the Application as reflected in the hereinabove specified Plans for 12 Mohegan Road submitted in connection with the Application: BE IT FURTHER RESOLVED that this Board APPROVES the Application subject to the following terms and conditions: 7 GENERAL CONDITIONS: 1. All site work shall be in accordance with the latest revised submitted Plans for 12 Mohegan Road, as herein referenced. 2. Any applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 3. Pursuant to Section 178-16 of the Town Code, in the event that this approved site plan shall require any modification to the site plan approved by this resolution, a determination shall be made by Town Building Inspector in consultation with the Town's Consulting Engineer as to whether the modification is substantial and should be further considered by the Planning Board. 4. Applicant will arrange a pre-construction meeting with the Town's Consulting Engineer and the Town Building Inspector prior to any site disturbance. 5. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town's Consulting Engineer and the Building Inspector for approval prior to commencing site work. 6. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan is delivered to the Town Building Inspector. 7. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy shall be issued until all of the required conditions of this approval have been met. 8. The Applicant shall furnish an"as built" survey when site work is completed. 9. No building permit shall be issued until Applicant records an instrument evidencing the boundary line. 10. No building permit shall be issued until Applicant secures and records an easement for the sewer connection. 11. Applicant shall install and maintain a four-foot high fence along the entire top of the slope in accordance with the approved Plans for 12 Mohegan and to the satisfaction of the Building Inspector. 12. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy shall be issued until all of the required conditions of this approval have been fulfilled. Vote: In Favor: Ralph Engel, Chairman, Edmund Papazian, George Roniger, Ira Block, Eileen Weingarten, Elizabeth Cooney Against: None Absent: Donald Kravet, Ron Mandel, Alternate This decision was filed with the Town Clerk. 5. 2423 Boston Post Road Majestic Glass Consideration/Public Hearing Henry Morocho,the applicant, addressed the Board stating that nothing is different since the last time he appeared. The floor plan shows how the space is being used. 8 Mr.Landi stated that there are no violations. The Board discussed the request,the hours of operation and the expiration date of the permit. Motion: To open the public hearing nun pro tunc Action: Approved Moved by Elizabeth Cooney, Seconded by Eileen Weingarten. There were no questions or comments from members of the public. Motion: To close the public hearing Action: Approved Moved by Edmund Papazian, Seconded by George Roniger. Motion: To approve the Special Use Permit Renewal to expire on October 10,2018 Action: Approved Moved by Eileen Weingarten, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote(summary: Yes=6). Yes: Edmund Papazian,Eileen Weingarten,Elizabeth Cooney, George Roniger, Ira Block,Ralph M.Engel, Chairman. On motion of Eileen Weingarten seconded by George Roniger, the Special Use Permit application of Majestic Glass and Mirrors (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck(the "Planning Board")upon the following resolution, which was adopted by a vote of 6-0. WHEREAS,Henry Morocho, on behalf of Majestic Glass &Mirrors (the "Applicant"), submitted an application for a Special Use Permit for use of the premises at 2423 East Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Lot 463 for use for an establishment to modify and sell glass and mirrors; and WHEREAS, Section 240-30.B of the Code of the Town of Mamaroneck(the "Town Code") lists stores for the sale of goods as a special permit use; and WHEREAS, a Public Hearing was held on February 8, 2017,pursuant to such notice as required by Chapter 144 of the Town Code; and WHEREAS, the Town of Mamaroneck Planning Board(the "Planning Board") has determined that the proposed action is a Type II action and that, therefore, no further action is required under the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act; and WHEREAS, the Planning Board has considered the application for the Special Use Permit, the plans submitted by the Applicant, comments and responses to questions by the Applicant, the reports and comments of the consulting Engineer to the Town and offered to hear comments from members of the public, but there were none. WHEREAS, the prior Special Use Permit expired on October 10, 2016; NOW, THEREFORE,BE IT RESOLVED,that this Board APPROVES the Application. BE IT FURTHER RESOLVED that this Board makes findings of fact as follows: 9 1. The proposed use as limited by the conditions set forth herein is in harmony with the surrounding area and will not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets. 2. The operations in connection with the Special Use Permit, as limited by the conditions set forth herein, will be no more objectionable to nearby properties by reason of noise, fumes and vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit. 3. The proposed Special Use Permit, as limited by the conditions set forth herein, will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. 4. There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck relating to the subject property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the applicant for a Special Use Permit subject to the following terms and conditions: 1. The hours of operation shall be only as follows: Monday through Friday 8:30 a.m. —5:00 p.m. and Saturday 9:00 a.m. 2:00 p.m. 2. This Special Use Permit renewal is retroactive to October 11, 2016 and shall expire on October 10, 2018. 3. The Applicant shall be responsible for the proper maintenance of any garbage dumpsters used in connection with its business operations and shall comply with any and all reasonable directives with respect thereto by the Director of Building. 4. This Special Use Permit is subject to termination requirements set forth in Sections 240- 64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. Vote: In Favor: Ralph Engel, Chairman, Edmund Papazian, George Roniger, Ira Block Eileen Weingarten, Elizabeth Cooney Against: None Absent: Donald Kravet This decision was filed with the Town Clerk. 6. 5 Valley Steam Road Consideration Tony Gioffre,the applicant's attorney, addressed the Board requesting a Wetland and Watercourse permit for the 1.88 acre parcel. The permit is to renovate the existing house with a new driveway,patio and privacy fence. This is a Type 2 action under SEQRA so no environmental review is necessary. Bill Lackanhauer,the applicant's engineer, addressed the Board, stating that work was being done to renovate what remains of the existing house and the applicant had received a stop work order because the contractor disturbed more property then was permitted. Mr.Landi stated that the applicant had a building permit and erosion control permit,but went beyond the scope of the erosion permit and was stopped. Mr.Landi 10 explained that the stop work order prevents work being done on the building but required the property be stabilized. The construction fence was discussed and found to violate the Town Code. Mr. Gioffre stated that the fence situation will be corrected and asked that a public hearing be set for next month. Mr.Landi explained that the applicant is exempt form Site Plan review because the application for the building permit was submitted before the effective date of the residential site plan law.. Mr.Lackanhauer stated that they provided mitigation, did on site testing and two excavations were witnessed by the Town. The system was designed for the 25-year storm, (any storm over the 25 will overflow into the river). The water is conveyed to a pumping station and the units are supplied with ports to allow for inspection and maintenance. The electric pumps have a back-up generator. Mr.Lackanhauer further stated that the revised plan will address Mr. Oliveri's comments. The Board discussed the size of the driveway. Mr. Oliveri stated there is no capacity at the catch basin and excess water will flow into the river. Mr. Papazian asked if there is an improvement for the lesser storms and Mr. Oliveri responded yes. On motion of Eileen Weingarten, seconded by Elizabeth Cooney a public hearing as set for March 8,2017. Vote: Motion passed(summary: Yes=5,No=0, Abstain= 1). Yes: Edmund Papazian,Eileen Weingarten,Elizabeth Cooney, George Roniger,Ralph M.Engel, Chairman. Abstain: Ira Block. The matter was referred to the Coastal Zone Management Commission meeting scheduled for Monday Feb 27,2017 and Ms.Paul stated that the materials must be received by February 17"'. NEW BUSINESS The Board discussed the application checklists and the number of copies of documents required to be submitted.If applicable law requires 15 copies rather than 19 the applicable checklists are to be revised by the Secretary to so state. ADJOURNMENT Motion: To adjourn the meeting at 8:30 PM Action: Approved Moved by Edmund Papazian, Seconded by George Roniger. Minutes prepared by Francine M. Brill, Planning Board Secretary 11