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HomeMy WebLinkAbout2018_09_12 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 SEPTEMBER 12, 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, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison CALL TO ORDER The meeting was called to order at 7:30 P.M. 1. MINUTES The minutes of August 8, 2018 were discussed. Motion: To approve the minutes of August 8, 2018 with technical corrections Action: Approved Moved by Elizabeth Cooney, seconded by Eileen Weingarten Vote: Ralph Engel, Elizabeth Cooney, Eileen Weingarten, Edmund Papazian Abstain: Ira Block 2. 33 Glen Eagles Drive Janet and Stephen Day Public Hearing The Coastal Zone Management Commission letter and the Building Inspector's zoning compliance letters were discussed and entered into the record. The draft Environmental Assessment Form and Negative Declaration were discussed. Motion: to approve the draft Negative Declaration Action: Approved Moved by Ira Block, seconded by Eileen Weingarten Vote: Ralph Engel, Elizabeth Cooney, Eileen Weingarten, Edmund Papazian, Ira Block Anthony Oliveri and Lisa Hochman confirmed that the certifications from the Westchester County Department of Health and Westchester Joint Water Works were received. Motion: To open the public hearing J. Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Eileen Weingarten, Edmund Papazian, Ira Block The final plat was discussed. PUBLIC COMMENTS There were no public questions or comments The draft resolution was discussed Motion: To adopt the resolution with technical corrections Action: Approved Moved by Elizabeth Cooney, seconded by Ira Block Vote: Ralph Engel, Elizabeth Cooney, Eileen Weingarten, Edmund Papazian, Ira Block RESOLUTION Final Subdivision Approval 33 Glen Eagles Drive On motion of Elizabeth Cooney, seconded by Ira Block, the application of Janet and Stephen Day (the "Applicant") for approval of a final subdivision was granted 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 subject property is located at Block 108 Lot 345 with a street address of 33 Glen Eagles Drive in the Town of Mamaroneck (the "Subject Property"); WHEREAS, the Applicant filed an application for the subdivision of one lot into two lots (the "Proposed Action") pursuant to Chapter 190 of the Town of Mamaroneck Code (the "Subdivision Law"); and WHEREAS, the Proposed Action contemplates no development at this time and any development of the newly subdivided lot would require compliance with the Town's residential site plan regulations as codified in Chapter 178 of the Town Code; and WHEREAS, the Applicant has provided all information required by the Subdivision Law and the Application was deemed by the Board to be complete; and 2 WHEREAS, a duly noticed public hearing on the preliminary layout was conducted on July 11, 2018 and the Board discussed its tentative conclusions regarding the preliminary layout as set forth a memo to the Planning Board Chair dated June 29, 2018 from Dolph Rotfeld, P.C. (the "Town Consulting Engineer"); and WHEREAS, the public hearing on the preliminary layout was closed on July 11, 2018 and the Board voted to deliver the hereinabove referenced June 29, 2018 memo as its written communication pursuant to Section 190-7 of the Subdivision Law (Decision on Preliminary Layout); and WHEREAS, due to its location adjacent to the Leatherstocking Trail, a "Critical Environmental Area" as defined under the Chapter 92 of the Town Code, the Board determined that the Proposed Action, which otherwise would have been an unlisted action under New York State Environmental Quality Review Act ("SEQRA"), is a Type 1 action pursuant to the Environmental Quality Review regulations found in Chapter 92, Article 1 of the Town Code ("MEQR"); and WHEREAS, on July 11, 2018, by motion duly adopted, the Planning Board declared its intent to be Lead Agency and thereafter complied with the relevant SEQRA regulations regarding coordinated review with involved and interested agencies; all required SEQRA referrals were made and no comments were received; and WHEREAS, the Planning Board reviewed Part 1 of the Full Environmental Assessment Form submitted by the Applicant in support of the application, sought comments from all interested agencies and, based upon such information, and in consultation with the Town Environmental Planner, completed Part 2 of the Full Environmental Assessment Form; and WHEREAS, Section 190-8(A) of the Subdivision Law provides that, before the Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval, without qualification, of the Westchester County Department of Health, Westchester Joint Water Works No. 1 or any other agency having jurisdiction in the premises (together, the "Necessary Certifications"); and WHEREAS, at the Board meeting on September 12, 2018,the Town Consulting Engineer confirmed that the Necessary Certifications have been secured and stated that the Applicant's submission satisfied the requirements of Section 190-8 of the Subdivision Law (Submission of final layout; certificate of approval); and WHEREAS, the Building Inspector, Town Engineer and Town Consulting Engineer reviewed the subdivision plat prepared by Aristotle Bournazos, P.C., dated 5/4/18 and last revised on August 16, 2018; and 3 WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Coastal Zone Management Commission of the Town of Mamaroneck ("CZMC") reviewed the Proposed Action at its meeting on September 5, 2018 and issued a letter to the Planning Board, dated September 6, 2018, stating that the proposal is consistent with the policies of the Local Waterfront 3Revitalization Program; and WHEREAS,the SEQRA/MEQR process was duly concluded on September 12, 2018, and the Planning Board determined, prior to the opening of the public hearing on the final subdivision plat and as hereinafter resolved, that the Proposed Action does not have the potential to result in significant adverse environmental impacts; and WHEREAS, the public hearing on the final plat was conducted on September 12, 2018; and WHEREAS, the Planning Board has considered the Application and the subdivision plat; comments and responses to questions by the Applicant and its representatives; the memos, letters, reports and comments of Town Engineer and Town Environmental Planner and CZMC; and has heard and read testimony and reviewed other submissions from interested members of the public and its consultants and counsel. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non-significance(the"Negative Declaration")dated September 12, 2018, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED, that approval of the Proposed Action is hereby GRANTED with conditions for the subdivision of the Subject Property in accordance with the following: 1. Any development on the new subdivided lot shall require compliance with Chapter 178 of the Town Code(Residential Site Plan Law). 2. Any site work shall be in accordance with the subdivision plat hereby approved and shall comply in all respects with applicable town, county, state and federal requirements. 3. In the event that any subsequent permits or approvals require any modification to the subdivision plat approved by this resolution, a determination shall be made by the Town Engineer and Town Building Inspector as to whether the modification is substantial and, therefore, must be returned to the Board for its consideration and approval. 4. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successor or assign in/of an ownership interest of the Subject Property or any portion thereof 4 5. The present fence separating the newly subdivided property from the street shall remain and shall be maintained until the approval of a residential site plan as to such property in accordance with the Residential Site Plan Law. 3. 94 Carleon Avenue 94 Carleon LLC Public Hearing continued Sonia Idelson, the applicant's architect, stated that she submitted updated and corrected plans. The landscape plan was discussed. The Board discussed the proposal. PUBLIC COMMENTS Bill Webb of 92 Carleon thanked the applicants for addressing his concerns. Motion: To close the public hearing Action: Approved Moved by Elizabeth Cooney, seconded by Eileen Weingarten Vote: Ralph Engel, Elizabeth Cooney, Eileen Weingarten, Edmund Papazian, Ira Block Ms. Idelson was given a copy of the draft resolution to review. The Board discussed the draft resolution. Motion: To approve the resolution with technical correction Action: Approved Moved by Eileen Weingarten, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Eileen Weingarten, Edmund Papazian, Ira Block RESOLUTION Residential Site Plan Approval 94 Carleon Avenue Town of Mamaroneck On motion of Eileen Weingarten, seconded by Elizabeth Cooney, the site plan application of 94 Carleon 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 94 Carleon Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404, Lot 168 (the "Property"); and 5 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, in a memo to the Planning Board dated June 15, 2018, Richard Polcari, Town Building Inspector, stated that the proposed construction is zoning compliant per the Code of the Town of Mamaroneck; 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 ("CZMC"); and WHEREAS, the CZMC considered the Application at its meeting on January 22, 2018 and issued a letter to the Planning Board, dated January 29, 2018, stating that it found the proposed action to be consistent with the policies of the Local Waterfront Revitalization Program; 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"): The following architectural plans prepared by Bienenfeld Architecture, last revised August 17, 2018: T-001.00—Cover Sheet T-002.00—Reference Plan and Elevations A-001.00—Site Plan, Zoning Analysis, Energy Compliance A-001.01 —Site Plan, Zoning Compliance A-001.02—Landscaping Details A-001.03 —Average Grade and Height Diagrams A-100.00—Proposed Basement Floor Plan A-101.00 —Proposed First Floor Plan A-102.00 —Proposed Second Floor Plan A-103.00 —Proposed Attic Plan A-200.00 - Proposed Front Elevation A-201.00 - Proposed Rear Elevation A-202.00 - Proposed West Elevation A-203.00 —Proposed East Elevation The following engineering plans prepared by Provident Design Engineering: C-201 —Grading and Utility Plan dated November 22, 2017, revised August 17, 2018 C-301 —Erosion Control Plan dated November 22, 2017, revised August 17, 2018 C-401 —Details dated November 22, 2017, revised August 17, 2018 6 C-402—Town Standard Details dated December 26, 2017 Cultec Recharger 330 Details dated February 8, 2018 Planting Plan prepared by Louis Fusco Landscape Architects dated September 4, 2018 and last revised on September 12, 2018 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 August 8,2018 and September 12, 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 written and oral 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, 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 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 above referenced. 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 demolition and, again, prior to any site disturbance. 5. The Applicant shall submit a schedule for all demolition, earthwork and land disturbance to the Town Engineer and the Town Building Inspector for approval prior to commencing 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 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 on the Applicant, as defined above, and on any successor or assign in/of an ownership interest of the Subject Property or any portion thereof Specific conditions: 10. To the satisfaction of the Town Environmental Planner, Applicant shall incorporate tree protection and root invigoration measures as specified in the scope of work document prepared by Bartlett Tree Experts attached hereto as Exhibit A (the "Bartlett Scope of Work"). 11. Applicant shall comply with all applicable regulations regarding asbestos removal to the satisfaction of the Town Building Inspector. The certified resolution will be filed with the Town Clerk along with EXHIBIT A,the Bartlett Scope of Work. Mr. Engel thanked the owner and consultants for working with the neighbors. ADJOURNED The meeting was adjourned at 8:03P.M. Minutes prepared by Francine M. Brill, Planning Board Secretary Planning Board Secretary 8