Loading...
HomeMy WebLinkAbout2018_05_09 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 MAY 9, 2018 Present: Elizabeth Cooney, Acting Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel 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 Absent: Ralph Engel, Chair CALL TO ORDER The meeting was called to order at 7:35 P.M. MINUTES The draft minutes of April 11, 2018 were reviewed and discussed. Motion: To approve the minutes of April 11, 2018 Action: Unanimously Approved Moved by Eileen Weingarten, seconded by Edmund Papazian Vote: Elizabeth Cooney, Acting Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel 30 Colonial Avenue - Stephen Marsh—Residential Site Plan - Public hearing continued Benedict Salanitro, the applicant's engineer, addressed the Board. The Board discussed hours of construction and trees. The draft resolution was discussed and corrections were made to the proposed conditions. Motion: To close the public hearing Action: Unanimously Approved Moved by Edmund Papazian, seconded by Ira Block Vote: Elizabeth Cooney, Acting Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel Motion: To approve the draft resolution, as corrected Action: Unanimously Approved 1 Moved by Eileen Weingarten, seconded by Ira Block Vote: Elizabeth Cooney, Acting Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel RESOLUTION Residential Site Plan Approval 30 Colonial Avenue On motion of Eileen Weingarten seconded by Ira Block the site plan application of Stephen Marsh (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 5 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 30 Colonial Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 120, Lot 275.2 (the "Property"); and WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to 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, except for CZMC, 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 ("CZMC"); and WHEREAS, the CZMC considered the Application at its meeting on March 26, 2018 and issued a letter to the Planning Board, dated April 3, 2018, stating that it found the proposed action to be consistent with the policies of the Local Waterfront Revitalization Plan; and WHEREAS, the Town Engineer, the Building Inspector and Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Plan entitled: "Residence for Marsh Development"prepared by Andrew Nuzzi Architects LLC, last dated 11/13/17; E • Plan entitled: "Proposed Drainage and Erosion Control Plan for a New One Family Dwelling at 30 Colonial Avenue", Sheet: "ER-1",prepared by Benedict A. Salanitro P.E., last dated 4/10/18; E 2 • Plan entitled: "Proposed Drainage and Erosion Control Plan for a New One Family Dwelling at 30 Colonial Avenue", Sheet: "ER-2",prepared by Benedict A. Salanitro P.E., last dated 2/15/18; WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing as to the Application on April 11 and May 9, 2018; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the CZMC letter; 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; and WHEREAS, the Applicant requests relief from specific requirements for stormwater attenuation prescribed by Section §95-11 of the Town Erosion and Sediment Control Law based upon the presence of rock ledge encountered throughout the site; and WHEREAS, the submitted plans detail the construction of a"treatment train" comprised of stormwater infiltration chambers; grass surface dry swale and a rain garden and site impervious cover has been reduced by the use of pervious pavements; and WHEREAS, the Town Engineer and Town's Consulting Engineer have reviewed the plans and are satisfied that the proposed stormwater attenuation is sufficient to allow for such relief as permitted under §95-17(B)(1); and WHEREAS, the Town's Building Inspector stated on the record that the Application is zoning compliant; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application as reflected in the hereinabove specified Plans submitted in connection with the Application: BE IT FURTHER RESOLVED that this Board APPROVES 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. 2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 3 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. The Applicant will arrange a pre-construction meeting with the Town 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 Engineer and the Town 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. 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, all constructed site utilities and stormwater management structures. 8. 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. 9. 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 10. Revise drawing sheet "ER-1"to include an endorsement block for the Town Engineer in accordance with §178-13 including the following statement "Approved by Resolution of the Planning Board dated\May 9, 2018". Specific conditions: 11. To avoid exacerbating congestion during school drop off and pickup, on days when school is in session, deliveries shall be prohibited between the hours of 8:00 to 9:00 A.M. and 2:30 to 3:30 P.M. 12. Notwithstanding what is permissible pursuant to Section 106-58.1.D of the Town Code, Applicant shall complete rock removal within 45 days after issuance of rock removal permit. 13. In consideration for removal of street trees and prior to the issuance of a certificate of occupancy, the Applicant shall (i) deposit $500 to the Town Tree Fund and (ii)plant one replacement tree in the Town right-of-way. 14. Applicant shall add specific inspection and maintenance requirements for proposed site stormwater management structures on the site plan and stormwater management practices shall be maintained in accordance of Section 95-15 of the Town Code. 4 15. The Applicant shall address all outstanding issues to the satisfaction of the Town Engineer, including but not limited to the following items prior to the issuance of any Town permits: a. Revise Drawing Sheet "ER-1" to identify the installation of cleanouts on proposed subsurface piping to the satisfaction of the Town Engineer and Building Inspector. b. Relocate the proposed temporary sanitary facility to be greater than 10 feet away from adjoining property lines. c. Provide a construction detail for proposed gas service trench that shows the installation of warning tape above gas piping in the trench cross section. d. The Applicant shall revise the plan to identify the restoration of town curb and pavement along site frontage at the completion of construction to the satisfaction of the Town Highway Superintendent. This decision shall be filed with the Town Clerk. 280 Weaver Street—St. John & Paul School—Site Plan Amendment - Public Hearing Motion: To open the public hearing Action: Unanimously Approved Moved by Eileen Weingarten, seconded by Ira Block Vote: Elizabeth Cooney, Acting Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel George Mottarella, the applicant's engineer, addressed the Board giving a synopsis of the project and stating that he made changes to the plan in response to Mr. Oliveri's comments. He estimated that construction will take about one month. Mr. Wasp explained proposed conditions. The Board discussed screening of the playground. Public Comments: Patricia Eraspe asked about the wall surrounding the playground and Mr. Mottarella described the walls and elevations. Motion: To close the public hearing Action: Unanimously Approved Moved by Ira Block, seconded by Edmund Papazian Motion: To approve the draft resolution Action: Unanimously Approved Moved by Edmund Papazian, seconded by Ira Block Vote: Elizabeth Cooney Vice Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel 5 RESOLUTION Site Plan Amendment 280 Weaver Street On motion of Edmund Papazian seconded by Ira Block the site plan application of Saints John and Paul School (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 5 to 0 with no abstentions. WHEREAS, in accordance with Chapter 177 of the Town of Mamaroneck Code, (the "Town Code") the Applicant submitted an application to amend the site plan (the "Application") for the property located at 280 Weaver Street and known on the Tax Assessment map of the Town of Mamaroneck as Section 2, Block 217, Lot 1 (the "Property"); and WHEREAS the Property is located in the R-6 District; and WHEREAS, the Property is used for a church and school and the Applicant proposes to construct a playground and WHEREAS, after publication of notice, the Planning Board held a public hearing for the Application on May 9, 2018; and WHEREAS, the Planning Board has considered the Application, reports and comments of the Town's consulting engineer; testimony from Town officials and interested members of the public, as well as responses to questions by the Applicant and its representatives; and WHEREAS, the Application provided all information required by Chapter 177 of the Town Code; and WHEREAS, the Board finds that the Application conforms to the standards established by Sec. 177-5 of the Town Code; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in accordance with Section 177-11 of the Town Code and no comments were received except from the Coastal Zone Management Commission ("CZMC"); and WHEREAS, in accordance with Chapter 234 of the Town Code, the Application was referred to the CZMC; and WHEREAS, the CZMC considered the Application at its meeting on April 23, 2018 and issued a letter to the Planning Board, dated April 30, 2018 , stating that it found the proposed action to be consistent with the policies of the Local Waterfront Revitalization Plan; and WHEREAS, the Town Engineer, the Building Inspector and Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as 6 the "Plans"): • Drawings: "Site Plan of Proposed Playground", "Grading Plan & Details" & "Erosion Control Plan", prepared by George Mottarella, P.E., L.S., P.C., dated October 17, 2017, last revised April 7, 2018; • Topographic Survey: "Saints John and Paul School Topographic Survey", prepared by McLaren Engineering Group, dated October 10, 2013; • Tax Map of Parcel, created by Westchester County GIS Mapper,printed January 28, 2018; • Aerial Image: "Site Map Showing Existing Buildings and Surrounding Homes" • Drawing: "Proposed Playground", prepared by Environmentdesign, dated July 12, 2017. 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 NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application as reflected in the hereinabove specified Plans submitted in connection with the Application: BE IT FURTHER RESOLVED that this Board APPROVES 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. 2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 3. In the event that subsequent events may require any modification to the site plan as 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. The Applicant will arrange a pre-construction meeting with the Town 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 Engineer and the Town Building Inspector for approval prior to commencing site work. 7 6. No building permit shall be issued until a signed site plan is delivered to the Town Building Inspector. 7. Prior to the issuance of a certificate of occupancy, the Applicant shall deliver to the Town Building Inspector an "as built" survey. 8. No Certificate of Occupancy shall be issued until all of the required conditions of this approval have been met. 10. 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 11. Revise the Site Plan drawing to include an endorsement block for the Planning Board Secretary in accordance with §177-14 including the following statement "Approved by Resolution of the Planning Board dated May 9, 2018". Specific conditions: 11. The Applicant shall address the following items to the satisfaction of the Town Engineer prior to the issuance of any Town permits: a. Identify the point of discharge for the proposed retaining wall heel drain on the plan. Stone apron shall be placed at the outlet location. b. Show the installation of drain inlet protection at existing drainage collection structures located in proximity to the construction limits. Include an acceptable construction detail. c. This decision shall be filed with the Town Clerk. 758 Forest Avenue - 758 Forest Reality LLC - Residential Site Plan - Public Hearing Motion: To open the public hearing Action: Unanimously Approved Moved by Edmund Papazian, seconded by Eileen Weingarten Vote: Elizabeth Cooney Vice Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel Rick Yestadt, the applicant's architect, addressed the Board and explained that the applicant proposes a two-story single-family residence on the existing foundation and the driveway is to remain in same location. Mr. Yestadt further stated that the retaining wall will be no higher than 4 feet, stepping back from the driveway. He showed a landscape plan. 8 Ms. Paul stated that CZMC requested less driveway width and the applicant appeared before the Town Board for permission to remove the street trees. One tree can be removed and one will be replaced. Public Comments: Andrea Harris Cohen, a neighbor, questioned tree removal and expressed concerns regarding traffic in the area and drainage. Motion: To close the public hearing Action: Unanimously Approved Moved by Edmund Papazian, seconded by Ira Block Vote: Elizabeth Cooney, Acting Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel Motion: To approve the draft resolution Action: Unanimously Approved Moved by Eileen Weingarten, seconded by Edmund Papazian Vote: Elizabeth Cooney Vice Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel RESOLUTION Residential Site Plan Approval 758 Forest Avenue On motion of Eileen Weingarten, seconded by Edmund Papazian, the site plan application of 758 Forest Realty 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 5 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 758 Forest Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 223, Lot 68 (the "Property"); and WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to 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 177-9 of the Residential Site Plan Law and no comments were received (except from CZMC); and 9 WHEREAS, in accordance with Chapter 234 of the Town Code, the Application was referred to the Coastal Zone Management Commission ("CZMC"); and WHEREAS, the CZMC considered the Application at its meeting on March 26, 2018 and issued a letter to the Planning Board, dated April 3, 2018, stating that it found the proposed action to be consistent with the policies of the Local Waterfront Revitalization Plan; and WHEREAS, the Town Engineer, the Building Inspector and Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Plans entitled: "Single Family Residence", prepared by Yestadt Architecture & Design, dated 3/13/2018, last revised 4/11/2018; E • Plans entitled: "Proposed Single Family Dwelling", prepared by Hudson Engineering and Consulting, PC, dated 4/24/2018; E • Stormwater Management Plan and Drainage Analysis", prepared by Hudson Engineering and Consulting, PC, dated 1/23/2018; E • Survey, prepared by The Munson Company, dated 10/16/2017 E WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing as to the Application on April 11 and May 9, 2018; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the CZMC letter; 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. WHEREAS, the Town's Building Inspector stated on the record that the Application is zoning compliant; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application as reflected in the hereinabove specified Plans submitted in connection with the Application: BE IT FURTHER RESOLVED that this Board APPROVES 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. 10 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. The Applicant will arrange a pre-construction meeting with the Town 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 Engineer and the Town 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. 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, all constructed site utilities and stormwater management structures. 8. 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. 11. 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 12. Revise drawing sheets "A-1", "C-1" & "P-1" to include an endorsement block for the Town Engineer in accordance with §178-13 including the following statement "Approved by Resolution of the Planning Board dated May 9, 2018". Specific conditions: 13. The Applicant shall address all outstanding issues to the satisfaction of the Town Engineer, including but not limited to the following items prior to the issuance of any Town permits: a. Revise Drawing Sheet "C-1" to identify the installation of cleanouts on proposed subsurface piping to the satisfaction of the Town Engineer and Building Inspector. b. Correct the inconsistent depth of clay barriers shown on sheets "C-1" and "C-2" based upon the intended design. c. Eliminate Note No. 3 on Sheet "C-1" that is not applicable to this application. d. Include a note that a licensed professional engineer shall be required to certify that the proposed stormwater infiltration practice and surrounding clay barrier system were constructed in accordance with the approved design prior to issuance of certificate of occupancy. 11 e. Revised Sheet"C-1"to show the installation of an acceptable pretreatment structure for stormwater prior to discharge to the site infiltration system. f Proposed terraced retaining walls are shown to be constructed with at parallel spacing of two feet. Terraced walls located in close proximity will require supporting design calculations for the overall system change in grade. The Applicant shall revise the layout of proposed walls to provide additional separation or demonstrate that each wall terrace will function structurally independent. g. Provide a construction detail for typical retaining wall system. h. Revise sheet "A-1" to identify the proposed driveway surface as pervious asphalt consistent with sheet "C-1". i. The Applicant shall revise the plan to identify the restoration of town curb and pavement along site frontage at the completion of construction to the satisfaction of the Town Highway Superintendent. 14. The Applicant's Engineer shall contact the Engineering Department to witness the investigation of an additional test pit excavation at the revised location of the stormwater infiltration practice prior to installation of the system. 15. The Building Inspector and Town Engineer shall be provided with a letter certifying that the proposed stormwater infiltration practice and clay barrier system were installed in accordance with the approved project design for review and acceptance prior to issuance of certificate of occupancy. Such letter shall bear the seal and signature of a licensed professional engineer who shall certify their findings based upon personal site inspection(s). 14. Applicant shall note on the site plan that the porous pavement and related stormwater management practices shall be maintained in accordance of Section 95-15 of the Town Code. This decision shall be filed with the Town Clerk. 87 Griffen Avenue -Alexandria & Jeffery Fischer -Wetlands & Watercourse Permit and Residential Site Plan - Public Hearing Motion: To open the public hearing Action: Unanimously Approved Moved by Edmund Papazian, seconded by Eileen Weingarten Vote: Elizabeth Cooney Vice Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel Paul Pertretti, The applicant's civil engineer, addressed the Board requesting to demolish the house and build new. He explained the plan saying the proposal meets zoning requirements. He explained the lawn terrace and the storm water management system, stating that they are reducing runoff from the site and the retaining wall system. 12 The Board discussed the location of the house. Mr. Pertretti stated that a large red oak fell during a storm and the applicant wants to move the house away from the existing large tree. The house would be more in the buffer if it is moved over. Mr. Oliveri told the applicant to submit the revised plan and address the cut and fill. The Board asked about rock removal. Mr. Pertretti estimated that rock removal would be about 300 cubic yards, but would rather raise the house 1 % feet then remove the rock. Mr. Wasp stated that the applicant should review the revised wetlands narrative and determine whether any changes need to be made in light of the revisions to the site plan. Ms. Paul asked whether the remaining tree has been inspected by an arborist to determine if is it worth protecting. Jeffery Fischer stated that he had hired an arborist and the 50-inch red oak is healthy but needs pruning. Ms. Paul also stated that CZMC found the original plan to be consistent but wanted a black pipe used. The retaining walls and erosion controls were discussed. Mr. Oliveri asked for a couple of sections on how the existing wall will be dealt with. Mr. Wasp questioned the retaining walls impact if the house is moved and raised. Mr. Wasp requested the applicant to consider minimizing walls. The height of the retaining walls was discussed and the Board requested confirmation that it is zoning compliant Mr. Block questioned what approvals are needed from Scarsdale, Mr. Fischer stated that the Town will take the lead but demolition and the curb cut will be from Scarsdale. Public Comments: Bruce Tuckman of 103 Griffen Road, stated his concerned with drainage as the Sheldrake River presently drains to his property as it is the low point. The banks of the river are eroding. He further stated he would prefer the walls to be nice looking. Mr. Oliveri explained the drainage system to the neighbor, stating it will not correct the existing problem but it will not add to it. The applicant is designing for the 100-year storm. Mr. Wasp added that the existing house has no drainage controls now. The walls were discussed and the Board asked for manufacture cut sheet and sections. The height of the wall needs to be checked for zoning compliance. Ms. Tuckman stated that they now see a beautiful stone wall and would like any new walls to look like what is there now. Adjourned to June 13`h OTHER BUSINESS Ms. Hochman stated that the application for 10 York Avenue was duly noticed for Residential Site Plan and Wetlands & Watercourses but the resolution, which was approved by the Board in April, did not reflect the Wetlands and Watercourses Permit. 13 Mr. Block stated that there is a stop work order and the site is unsafe. Mr. Wasp stated that the work began before the permit was issued. The Board discussed the request. Motion: To approve the draft resolution Action: Unanimously Approved Moved by Edmund Papazian, seconded by Eileen Weingarten Vote: Elizabeth Cooney, Acting Chair, Eileen Weingarten, Edmund Papazian, Ira Block, Ron Mandel RESOLUTION WETLANDS AND WATERCOURSES PERMIT 10 York Road On motion of Edmund Papazian, seconded by Eileen Weingarten, the application of Yuval and Laura Grill (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 5 to 0 with no abstentions. 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 also applied for and was granted residential site plan approval on March 14, 2018, a copy of such approval being on file in the Town of Mamaroneck Building Department; and WHEREAS,the Applicant has applied for a permit under the Wetlands Law to reconstruct a single family dwelling, install a new stormwater detention system, construct a new deck and patio and landscaping improvements within the wetland buffer of the Sheldrake River (the "Proposed Action"); and WHEREAS, the subject property is located at 10 York Road and known on the Tax Assessment map of the Town of Mamaroneck as Section 2, Block 228, Lot 395 (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, in accordance with Chapter 234 of the Town Code, the Application was referred to the Coastal Zone Management Commission ("CZMC"); and 14 WHEREAS, the CZMC considered the Application at its meeting on November 27, 2017 and issued a letter to the Planning Board, dated December 20, 2017 (the "12/20 CZMC Letter"), stating that it found the proposed action to be inconsistent with the policies of the Local Waterfront Revitalization Plan ("LWRP") due to the location of the infiltrators within the flood zone and the significant increase in impervious surface within the wetland buffer; and WHEREAS, the 12/20 CZMC Letter recommended that the Applicant (i) use pervious surfaces for the patios and driveway to minimize the impact to the Sheldrake River and(ii)redesign and relocate the stormwater management system to an area outside the flood zone. WHEREAS, based on the foregoing recommendations, the Applicant submitted an amended proposal to the CZMC for its January 22, 2018 meeting; and WHEREAS, CZMC issued a letter, dated January 29, 2018 (the "1/29/18 CZMC Letter"), which stated that the amended application does not reduce impervious cover but does relocate the stormwater system to the front of the property and further noted that it is designed to capture stormwater runoff for the 25-year storm; WHEREAS, CZMC requested that the system be enlarged to capture runoff for the 100- year storm and the Applicant agreed to do so and, as stated in the 1/29/18 CZMC Letter, with this provision it finds the proposed action to be consistent with the LWRP; and WHEREAS, the Planning Board conducted a duly noticed Public Hearing pursuant to the Wetlands Law §114-7(C) on March 14, 2018; and WHEREAS, Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans for 10 York Road") and determined that the Proposed Action complies with the Code of the Town of Mamaroneck: The following plans prepared by Yestadt Architecture, dated December 20, 2017: • A-1: Distance Proximity Plan—Zoning Chart. • A-2: Proposed Basement Plan, last revised February 8, 2018 • A-3: Proposed 1st Floor Plan, last revised February 8, 2018 • A-4: Proposed Plan • A-5: Proposed Plan • A-6: Proposed Elevations • A-7: Proposed Elevations • A-8: Proposed Section • A-9: Proposed Ref Clg. Plans • A-10: Proposed Interior Elevations • A-1 1: Proposed Interior Elevations 15 • A-12: Details • A-13: Schedules & Spec • A-14: Framing Heights • LA-P: Plant List The following plans prepared by Westover Landscape Design, dated September 20, 2017: • LA: Landscape Master Plan, last revised February 27, 2018; The following documents prepared by Hudson Engineering & Consulting, P.C, dated December 14, 2017: • C-1: Offsite Conditions • C-2: Stormwater Management Plan, last revised February 21, 2018 • C-3: Details, last revised February 13, 2018 • "Stormwater Management Plan & Drainage Analysis", dated December 14, 2017, last revised January 23, 2018 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; b. the alternatives to the Proposed Action; The Planning Board finds that there are no alternatives to the Proposed Action because the project is not expected to have a negative impact on the watercourse. Under current conditions, the roof leader drains for the dwelling and patio contribute to overland runoff and potentially increase the possibility of pollutants such as sediments being conveyed to the watercourse. In the proposed conditions,portions of the existing dwelling,proposed driveway and proposed walkways are tributary to an on-site stormwater system. The Planning Board finds that the proposed stormwater system has been designed to mitigate the runoff from the impervious surfaces for all storm events up to and including the 100- year storm event with controlled release of the collected stormwater to a Town catch basin on York Road. The stormwater system incorporates deep sumps on the drain inlet to prevent unwanted sediment from reaching the attenuation gallery and reducing the system's efficiency. The overflow of the system is designed to convey stormwater through a 6"diameter pipe to the existing catch basin located in front of the property. The 16 Planning Board further finds that the proposed improvements will match or reduce the existing rate of stormwater runoff and prevent unwanted sediment from reaching the watercourse. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in Wetlands Law §114-1; Based on the foregoing findings made above, the Planning Board finds the Proposed Action will not negatively impact wetland functions. 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 contained within the watercourse buffer 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that a temporary silt fence will be utilized to prevent any eroded material created during construction from exiting the site and entering the street, adjacent site and watercourse and further finds, based on the findings set forth above, that permanent safeguards are unnecessary because there will be no negative impact to the watercourse. 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 Based on the findings set forth above, the Planning Board finds that the Proposed Action will reduce runoff tributary from the site to the watercourse and therefore will have no negative impact to the wetland's or watercourse's natural capacities. 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 while there will be a private benefit from the Proposed Action, there will be no degradation to the wetland or watercourse nor any interference with any other public rights or benefits related to health, safety or welfare. 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- 17 1 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 10 York 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. 4. 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. 5. 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). 6. The Wetlands and Watercourses Permit shall expire two years from the date it is issued. 18 7. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 8. 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. 9. The development must comply with Chapter 110 of the Town Code to the satisfaction of the Town Building and Engineering Department. 10. 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. 11. 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. 12. 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 This decision shall be filed with the Town Clerk. ADJOURNMENT The meeting was adjourned at 8:51 P.M. Minutes prepared by Francine M. Brill Secretary, Planning Board 19