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HomeMy WebLinkAbout2018_06_13 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 JUNE 13, 2018 Present: Ralph Engel, Chair, Elizabeth Cooney Vice Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel, Alternate Also present: Lisa Hochman, Counsel to Planning Board, Elizabeth Paul, Environmental Planner, Robert Wasp, Town Engineer, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison. CALL TO ORDER The meeting was called to order at 7:32 P.M. 1. MINUTES The minutes of May 23, 2018 were discussed. Motion: To approve the minutes of May 23, 2018 with a technical correction. Action: Approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Elizabeth Cooney Vice Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel 2. 87 Griffen Avenue -Alexandria and Jeffery Fischer—Residential Site Plan and Wetlands & Watercourses Permit—Continuation of Public Hearing Paul Petretti, the applicant's engineer gave a brief recap of the proposed demolition and replacement of the one family dwelling. He explained that a pool is shown, which may or may not be added in the future. The proposal is to level the rear yard and add retaining walls. He explained the storm water detention system. At present, drainage is to the Sheldrake River. As requested at the last meeting, the walls have been lowered and do not exceed Town Code requirements. The distance between the rear walls is 11 feet to accommodate the detention system. Mr. Engel asked how the rear wall on the neighbor's property will be protected when the drainage containment walls are installed. Mr. Fischer answered that he reached out to the neighbors and intends to get their approval with indemnifications or he will move wall away from property line. Mr. Petretti stated that he believes they can build the wall either way. A photo of the proposed wall was entered into the record and marked Exhibit 6/13-1 Mr. Engel read part of the resolutions conditions into the record and the owner and engineer agreed to the proposed conditions. 1 Motion: To close the public hearing Action: Approved Moved by , seconded by Vote: Ralph Engel, Chair, Elizabeth Cooney Vice Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel Motion: To approve the Residential Site Plan and Wetlands & Watercourses Permit Action: Approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Vote: Ralph Engel, Chair, Elizabeth Cooney Vice Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel RESOLUTION RESIDENTIAL SITE PLAN and WETLANDS & WATERCOURSES PERMIT 87 Griffen Avenue On motion of Edmund Papazian seconded by Elizabeth Cooney the application of Alexandria and Jeffrey Fischer(collectively,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 unanimously adopted by a vote of 5 to 0 with no abstentions. WHEREAS, the Applicant submitted an application for approval of(i) a Residential Site Plan pursuant to Chapter 178 of the Town of Mamaroneck Town of Mamaroneck Code (the "Town Code") and (ii) a Wetlands and Watercourses Permit pursuant to Chapter 114 of the Town Code (collectively, the "Application"); and WHEREAS, the Property is located at 87 Griffen Avenue and known on the Tax Assessment map of the Town of Mamaroneck as Section 3, Block 305, Lot 922(the "Property"); and WHEREAS, the Applicant proposes to construct a new single family home with a pool and stormwater detention system in the rear yard at the Property (the "Proposed Action"); 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, except for CZMC, no comments were received; and 2 WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on April 23, 2018 and issued a letter to the Planning Board, dated April 30, 2018, which stated, inter alia, that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS, the following plans were reviewed by the Town Engineer, Town Environmental Planner, the Town's Consulting Engineer and the Town's Building Inspector (hereinafter collectively referred to as the "Plans": • Plans entitled: "Construction Plan, Prepared for Alexander & Jeffrey Fischer", prepared by Paul J. Petretti, Civil Engineer and Land Surveyor, sheets 1 —2, dated 1/30/2018, last revised May 21, 2018. • Plan entitled: "Tree removal/Planting Plan for the Fischer Residence", prepared by JG Lotto Landscape Architect, dated 3/20/2018; ❑ • Topographical Map, prepared by Gabriel E. Senor, PC, dated 12/14/2017; • Engineering Report prepared by Paul J. Petretti, Civil Engineer and Land Surveyor, dated 3/24/2018, last revised May 27, 2018❑❑ WHEREAS, a duly noticed public hearing for the Application was opened on May 9 and closed on June 13, 2018; and WHEREAS, the Town Engineer, Town Consulting Engineer and Town Environmental Planner each stated that he/she finds the above-referenced Plans to be acceptable; and WHEREAS, the Board finds that the Application conforms to the standards established by Section 178-12 of the Residential Site Plan Law; and WHEREAS, the Town's Building Inspector in a memorandum dated June 5, 2018 stated that the proposed house is zoning compliant, but identified a specific item on the plans that must be addressed prior to the issuance of any Town permits so as to make the Property compliant; 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(8) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS, in accordance with §114-7(D) of the Town Code, 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: 3 The Planning Board finds the Proposed Action will not create negative environmental impacts from flooding or soil erosion because under current conditions there is an existing house with no stormwater management practices. The Proposed Action incorporates stormwater management practices that will reduce the rate as well as the amount of stormwater runoff from the Property. b. the alternatives to the Proposed Action: The Planning Board finds that there is no preferable alternative to the Proposed Action because the Applicant proposes to replace an existing house with a new house in approximately the same location. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in §114-1 of the Town Code: The Planning Board finds that any impact to wetland functions will be addressed by the proposed stormwater management practices that are designed to reduce the rate and amount of runoff. 3. the availability of preferable alternative locations for the Proposed Action on the subject parcel: The Planning Board finds that there is no preferable alternative location to the Proposed Action because the Applicant proposes to replace an existing house with a new house and has placed the house as far from the river as possible. 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that the proposed stormwater practices are adequate to address flooding, water quality and erosion concerns. 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; The Planning Board finds that by reducing the peak rate of stormwater runoff from the site, the proposed stormwater management practices adequately protect the wetland and the watercourse and their respective natural functions. 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: 4 The Planning Board finds that because it includes screening to reduce visual impacts to neighbors, the Proposed Action materially enhances the Applicant's proposed use of its property and poses no threat to the public health, safety or welfare. WHEREAS, the Planning Board has considered the Application and Plans; comments and responses to questions by the Applicant and its representatives; the memos, letters, reports and comments of the Town Engineer, Town Building Inspector, Town Environmental Planner and Town's Consulting Engineer and CZMC; and has heard interested members of the public. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board further finds, pursuant to §114-7(E) of the Town Code, based on the record before it, that the Applicant's proposed regulated activity is consistent with the purposes of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses Protection Law of the Town of Mamaroneck, as set forth in §114-1 and that the action to be 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; 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 and GRANTS the Wetlands and Watercourses Permit as reflected in the hereinabove identified Plans submitted in connection with the Application, subject to the following terms and conditions: General Conditions: 1. All site work shall be in accordance with the latest revised Plans, as herein referenced, as modified in accordance with the specific conditions hereinafter set forth. 2. Any and all 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 subsequent events may 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 Engineer as to whether the modification is substantial and should be further considered by the Planning Board. 4. 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. 5 5. Prior to the issuance of a certificate of occupancy, the Applicant shall deliver to the Town Building Inspector an "as built" survey, including but not limited to, topography, all constructed site utilities and stormwater management structures. 6. 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. 7. 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 and the installation and maintenance of tree protection measures. 8. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval prior to commencing site work. The Applicant shall notify the Town Engineer 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. 9. 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). 10. The Wetlands and Watercourses Permit shall expire two years from the date it is issued. 11. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 12. 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. 13. The development must comply with Chapter 110 of the Town Code to the satisfaction of the Town Building and Engineering Department. 14. 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. 15. 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. 16. The term "Applicant" is used herein with the intent to impose a future obligation or condition, and shall include the Applicant, as defined above, and any successors or assigns in/of ownership interests in the Property or any portion thereof Specific conditions: 6 17. The site plan shall indicate that the discharge pipe leading to the bank of the river be made of black HDPE in order to make the pipe less visibly offensive. 18. Prior to the issuance of any Town permits and in accordance with the Building Inspector's June 5 memo, as hereinabove referenced, the Applicant shall modify the site plan to address the following comments to the satisfaction of the Building Inspector: a. Clarify the top and bottom elevation of the proposed retaining wall on the East side of the proposed pool. b. Provide top and bottom elevations of all intersecting retaining walls. c. Change the location of the pool fence on the east side of the proposed pool so that it will be zoning compliant. 19. Prior to the issuance of Town permits, the Applicant shall, to the satisfaction of the Town Engineer, address the following: a. Provide a detail for the proposed concrete washout basin. b. Earthwork calculations must be provided, including a summary of proposed rock removal volume. c. Incorporate a note on the plans to indicate that all imported fill material shall consist of clean soils capable of meeting the soil constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-l0 technical memorandum. d. Identify specific inspection and maintenance procedures for proposed site stormwater management structures to be implemented by the Applicant in perpetuity. e. Incorporate a note that an as-built certification shall be required for constructed retaining walls from a licensed professional engineer to confirm conformance with the engineered design prior to issuance of certificate of occupancy. f Incorporate all other notes and details in accordance with the requirements of Town Code §95 for approval of Surface Water & Erosion Control Permit. 20. Prior to the issuance of Town Permits, the Applicant shall provide, to the satisfaction of the Town Engineer, either (i) assurances that the neighboring property owner will allow potential work activities crossing the property line during construction of the new retaining walls or (ii) a construction work plan detailing the proposed sequence and methodologies to be implemented to avoid any access to or disturbance beyond the property line boundary. This decision shall be filed with the Town Clerk. 3. 33 Glenn Eagles Drive—Janet and Stephen Day - Subdivision - Consideration Bud Motzkin, representative of the owners, addressed the Board, stating that the owner wishes to subdivide the lot, sell the existing house and retain the vacant lot for future investment. The present house is nonconforming. Mr. Polcari stated that no variance will be needed. 7 Mr. Oliveri stated that the old subdivision line should be taken off the site plan. Mr. Wasp asked that the plans showing the sewer system be corrected and resubmitted. Ms. Paul asked that the chain link fence show on the Town property be moved. The matter was referred to The Department of Health, Westchester Joint Water Works, Coastal Zone Management Commission, and Westchester Planning Board. Ms. Hochman explained the subdivision process and stated that she will check to determine whether hearings are necessary for the preliminary layout as well as the final plat. Mr. Engel asked for a motion to set a public hearing for next month July 11, 2018. Motion: To set the public hearing July 11, 2018 Action: Approved Moved by Eileen Weingarten, seconded by Ira Block Vote: Ralph Engel, Chair, Elizabeth Cooney Vice Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel ADJOURNMENT The meeting was adjourned at 8:22 P.M. Minutes prepared by Francine M. Brill, Planning Board Secretary 8