HomeMy WebLinkAbout2007_03_14 Planning Board Minutes d ,,.'--, Town of Mamaroneck
wit Planning Board
Town of Mamaroneck Planning Board Minutes
March 14, 2007
Present: C. Alan Mason, acting Chair
Edmund Papazian
John A. Ortiz
Ellen Dunkin
Virginia Picciotto
George Roniger
Absent: Marc Rosenbaum, Chair
Also Present: Ron Carpaneto, Director of Building
Laurence Horvath, Counsel
Elizabeth Paul, Environmental Coordinator
Anthony Oliveri, P.E
Melissa Sasso, Public Stenographer
Carbone&Associates, LTD.
111 N. Central Park Avenue
Hartsdale, New York 10530
Francine Brill, Recording Secretary
1. Minutes
Postponed
2. 23 North Brook Road
Rick Yestadt the applicants architect appeared and addressed the Board, Mr. Yestadt stated
that the changes that the Town's Consulting Engineer requested at the last meeting have been
addressed.
Anthony Oliveri the Town's Consulting Engineer stated that all of his engineering concerns
regarding the 100 year flood Plain, Weep Holes and guard rails and the unrestricted flow of the
Sheldrake were addressed.
Liz Paul, Environmental Coordinator wants the trees along the brook to be protected during
construction and maintained after.
John Ortiz stated that an arborist should be hired to save as many trees as possible, and would
like it to be stipulated in the certification.
The Board discussed this application, and its findings revealed that there were little or no adverse
impacts on the neighborhood or community.
After review on motion of Ellen Dunkin and seconded by John Ortiz, the following resolution was
proposed and ADOPTED unanimously 6-0
RESOLVED, that this a Type II action;
On motion of C. Alan Mason, seconded by Ellen Dunkin, the following resolution was ADOPTED;
23 North Brook Block 214, Lot 545
Wetlands and Watercourses Permit
WHEREAS, Chaim Cohen ("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")for the
premises located at 23 North Brook Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 214, Lot 545; and
WHEREAS, this Planning Board (the "Board) has previously determined that the
proposed action is a Type II action under SEQRA and, accordingly, no further review is required
under SEQRA; and
WHEREAS, the Planning Board conducted a Public Hearing pursuant to Wetlands Law
§114-7(C)on December 13, 2006, January 10, 2007 and continuing on March 14, 2007;
WHEREAS, in accordance with Wetlands Law§114-7(D), and as set forth in the report
by the Town's Consulting Engineer(s) and/or other agent(s), which is attached hereto and made a
part hereof, the Board has considered:
1. All plans and other documents submitted by the Applicant,
including:
"New Residential Construction, North Brook Road, Mamaroneck,
NY"—Dwg Nos. A-1, A-2, prepared by Gordon Yestadt
Architects, last dated 2/15/07;
"Soil sediment& Surface Water Control Plan for the Cohen
Project, 23 North Brook Road" prepared by JG Lotto, Landscape
Architect, last dated 1/27/07;
Transmittal Message prepared by JG Lotto, Landscape
Architect, dated 3/4/07;
"Site Plan Retaining Wall Design, 23 North Brook Road"prepared
by Gibbons Engineering, dated 2/26/07, revised 1/23/07;
Gordon &Yestadt Architects memo from Rick Yestadt AIA with
supporting documentation re: FEMA maps and Flood Plain
Elevation Sheets, dated 2/5/07.
2. The written opinion of the Coastal Zone Management
Commission (CZMC)dated August 14, 2006, in which CZMC
determined that the proposed action conflicts with policy 44 of
the Local Waterfront Revitalization Program;
3. All relevant facts and circumstances, including but not limited to:
a. the environmental impact of the proposed action;
b. the alternatives to the proposed action; and
c. the impact of the proposed activity on wetland
functions and the benefits as set forth in Wetlands
Law§114-1;
4. The availability of preferable alternative locations on the subject
parcel;
5. The availability of further technical improvements or safeguards that
could feasibly be added to the proposal;
6. The possibility of further 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
7. 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;
WHEREAS, in accordance with section 234-5.A(2)(a)of the Code of the Town of
Mamaroneck, the Board has determined that no reasonable alternatives exist which would permit
the action to be conducted without disturbing the 100-foot wetland buffer and that any adverse
environmental impacts to the wetlands buffer will be minimized extent practicable.
WHEREAS, in accordance with Section 234-5.B of the Code of the Town of
Mamaroneck, the Board has fully considered the opinions of the CZMC and has provided
notification thereto stating the reasons for its determination.
NOW THEREFORE, BE IT RESOLVED THAT the Planning Board 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 Wetlands Law, as set forth in §114-1(A):
BE IT FURTHER RESOLVED, that the application of Chaim Cohen for a wetlands and
watercourses permit is hereby GRANTED subject to the following terms and conditions:
1. This permit authorizes that work shown on the plans submitted
by the Applicant to the Board, last revised March 14, 2007, and
no other.
2. Prior to the commencement of work pursuant to this permit, the
Applicant shall post a bond in the amount that is sufficient to
cover the estimated cost of the improvements within the buffer of
the Sheldrake River and to ensure the satisfactory completion of
the project in accordance with the conditions and limitations set
forth herein and the rehabilitation of the affected or disturbed
area. An Engineer's estimate shall be submitted and approved
by the Town Building Department.
3. At least five days prior to the commencement of the work
authorized hereby, the permit holder shall notify the Building
Department of the date on which the work is to begin.
4. The Applicant shall take reasonable steps to ensure that the
trees along the bank of the Sheldrake River are protected during
the work authorized herby. Prior to the commencement of such
work, the Applicant shall retain the services of a licensed arborist
to recommend measures for protecting the trees on the
Applicants property during the construction of the retaining wall.
5. Prior to the commencement of work authorized herby, the applicant must
install all sediment and erosion controls and clearly delineate the limits of
disturbance along the Sheldrake River by use of silt or other fencing in
the field subject to approval of the building Department and Town
Engineer.
6. The Applicant shall provide any documentation and manifests with
regard to the origin and composition of the fill materials to be deposited
on the project site for review and approval by the Building Department
and Town Engineer.
7. The Applicant shall submit percolation test results for the proposed fill
areas, once the fill has been placed and prior to drywell installation, for
review and approval by the Town Engineer.
8. Work conducted pursuant to this approval shall be open to inspection at
any time, including weekends and holidays by the Board or its
designated representatives.
9. Work pursuant to this permit shall take place from Monday through
Friday from 8 a.m. to 6 p.m.; Saturday from 8:30 a.m. to 3:00 p.m. from
April 1 through October 31, and from 8:30 a.m. to 5:00 p.m. from
November 1 through March 31.
10. Within 30 days after completion of all work authorized hereby,
the Applicant shall notify the Director of Building of such
completion. Upon such notification, the Building Department
shall follow the procedures set forth in Town Code § 114-9.
11. This permit shall be prominently displayed at the project site during the
undertaking of the activities authorized hereby
12. This permit shall expire one year from the date of its issuance.
3. Bonnie Briar Country Club
Board member John Ortiz recused himself and left the room because he is a member of Bonnie
Briar.
Benedict Salanitro (applicant's engineer) appeared and addressed the Board. Mr. Salanitro
stated that they worked out erosion measures in answer to Mr. Oliveri memo dated 1/10/07.
Anthony Oliveri the Town's consulting engineer stated that Bonnie Briar is following what the
county did in the Sheldrake River, and as long as there is less than a one acre disturbance a
DEC permit is not required.
The Coastal Zone Management Commission (CZMC) in a letter dated Dec.11, 2006 finds the
proposed action to be consistent with the policies set forth in the LWRP.
The Board discussed this application, and its findings revealed that there were little or no adverse
impacts on the neighborhood or community.
After review on motion of Ellen Dunkin and seconded by Virginia Picciotto, the following
resolution was proposed and ADOPTED 5-0, 1 abstained
Poll Board Board Member Yes/No/Abstained
C. Alan Mason, acting Chair Yes
Edmund Papazian Yes
John A. Ortiz Recused
Ellen Dunkin Yes
Virginia Picciotto Yes
George Roniger Yes
On motion of C. Alan Mason, seconded by Edmund Papazian, the following resolution was
ADOPTED;
Bonnie Briar Country Club
WETLANDS AND WATERCOURSES PERMIT
WHEREAS, Bonnie Briar Country Club ("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")
for the premises located at 808 Weaver Street and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 225, Lot 1; and
WHEREAS, this Planning Board (the "Board") has determined that the proposed action is
an unlisted action under SEQRA and has adopted a Negative Declaration of Environmental
Significance, a copy of which is attached hereto, and
WHEREAS, the Planning Board conducted a Public Hearing pursuant to Wetlands Law
§114-7(C)on March 14, 2007;
WHEREAS, in accordance with Wetlands Law§114-7(D), and as set forth in the report
by the Town's Consulting Engineer(s) and/or other agent(s), which is attached hereto and made a
part hereof, the Board has considered:
1. any reports from other commissions, including the Coastal Zone
Management Commission (CZMC), and Town, County, State
and/or Federal agencies;
2. all relevant facts and circumstances, including but not limited to:
a. the environmental impact of the proposed
action;
b. the alternatives to the proposed action; and
c. the impact of the proposed activity on wetland
functions and the benefits as set forth in
Wetlands Law§114-1;
3. the availability of preferable alternative locations on the subject
parcel;
4. the availability of further technical improvements or safeguards that could
feasibly be added to the proposal;
5. the possibility of further 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
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;
NOW THEREFORE, BE IT RESOLVED THAT the Planning Board 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 Wetlands Law, as set forth in §114-1(A):
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 application of Bonnie Briar Country Club for a
Wetlands and Watercourses Permit is hereby GRANTED subject to the following terms and
conditions:
1. This permit authorizes the work shown on the plans submitted by
the Applicant to the Planning Board, last revised February 13,
2007, and no other.
2. Prior to the commencement of work pursuant to this permit, the
Applicant shall post a bond in the amount of$ to ensure the
satisfactory completion of the project in accordance with the
conditions and limitations set forth herein and the rehabilitation of
the affected or disturbed area.
3. At least five days prior to the commencement of the work
authorized hereby, the permit holder shall notify the Building
Department of the date on which the work is to begin.
4. Work conducted pursuant to this approval shall be open to
inspection at any time, including weekends and holidays by the
planning Board or its designated representatives.
5. Within 30 days after completion of all work authorized hereby,
the Applicant shall notify the Director of Building of such
completion. Upon such notification, the Building Department
shall follow the procedures set forth in Town Code § 114-9.
6. This permit shall be prominently displayed at the project site during the
undertaking of the activities authorized hereby
7. This permit shall expire one year from the date of its issuance.
4. Diamond Glass Company Public Hearing
David Dunn Regional Director of Diamond Glass appeared and addressed the Board.
Mr. Dunn stated that his business is a clean auto glass replacement shop and that 80% of his
business is mobile and 20% in shop.
CZMC found that the proposal to be neither consistent nor inconsistent with the policies in the
LWRP.
The Board discussed this application, and its findings revealed that there were little or no adverse
impacts on the neighborhood or community.
After review on motion of John Ortiz and seconded by Virginia Picciotto, the following resolution
was proposed and ADOPTED 6-0
RESOLVED , that this is a Type II unlisted action
On motion of John Ortiz, seconded by Virginia Picciotto, the following resolution was ADOPTED;
SPECIAL USE PERMIT—
Diamond Glass Company
WHEREAS, David Dunn, of Diamond Glass, submitted an application for a Special Use
Permit on the premises located at 636 Fifth Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 132, Lot 78 as an auto glass repair station; and
WHEREAS, the Planning Board of the Town of Mamaroneck (the "Board")conducted a
Public Hearing on March 14, 2007; and
WHEREAS, the Board has determined that the proposed action is an unlisted action
pursuant to the State Environmental Quality Review Act and the Mamaroneck Environmental
Quality Review Act, and
WHEREAS, the Board has adopted a Negative Declaration (a copy of which is attached
hereto), having determined that the proposed action will have no significant adverse
environmental impacts;
WHEREAS, the Board having considered the application for a Special Use Permit, the
plans and zoning report and environmental assessment submitted by the applicant, comments
and responses to questions by the applicant, the reports and comments of the Consulting
Engineer to the Town and having heard interested members of the public; and
NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as
follows:
1. The proposed use as limited by the conditions set forth herein is in
general harmony with the surrounding area and shall 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 will be no more
objectionable to nearby properties by reason of noise, fumes, 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 use 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. The property subject to this Special Permit has no existing violations of the Town
of Mamaroneck Zoning Ordinance.
BE IT FURTHER RESOLVED, that this Board GRANTS the application of David Dunn of
Diamond Glass for the Special Use Permit for a auto glass repair shop subject to the following
terms and conditions:
1. Hours of operation shall be 7:00 a.m. to 10:00 p.m., Monday through
Saturday.
2. All deliveries between 7am and 8am; and 9pm and 10pm must be
indoors. Deliveries are prohibited before 7am and after 10pm.
3. Vehicles belonging either to employees or customers of Diamond Glass
shall not be permitted to park on Fifth Avenue, where the local law
prohibits parking.
4. No car parts or glass may be stored outside the building except in the properly
enclosed refuse containers.
5. This Special Use Permit is subject to the termination requirements set forth in
Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30B
of the Zoning Code of the Town of Mamaroneck.
6. This Special Use Permit shall be valid for two (2)years from the date hereof.
5. David and Patricia Smalley Consideration
Laurence Horvath, Counsel recused himself from the proceeding.
Jeff Meghan appeared and addressed the Board. Mr. Meghan stated that the project is unusual
in that only the pool and a small portion of the house is in the Town the rest of the house is in
New Rochelle. The Zoning Board of Appeals approved the plans 9/25/06.
New Rochelle was notified and they have no comment.
The matter was referred to the Coastal Zone Management Commission (CZMC)Tuesday March
27, 2007.
The matter was referred to a Public Hearing Wednesday April 11, 2007
6. Varela LLC Public Hearing Plat approval
The Board discussed the matter and on motion of John Ortiz, seconded by George Roniger the
Board voted unanimously 6-0 to approve the plat.
WHEREAS, Varela LLC, 24 Lester Place, has submitted an application for an extension
of Preliminary Subdivision/Site Plan Approval for the property located at 24 Lester Place(Block 130, Lot
62)in proper form and complying with all requirements of the Town, other municipal agencies, and the
comments of the Consulting Engineer to the Town and this Planning Board; and
WHEREAS, this Board held a Public Hearing on the application for Preliminary Subdivision
Approval on December 13, 2006; and
WHEREAS, the proposed action is an Unlisted Action pursuant to SEQRA and MEQRA;
and
WHEREAS, the Planning Board has adopted a Negative Declaration of environmental
significance, a copy of which is attached hereto;
WHEREAS, the Planning Board has determined that it is appropriate to waive the
requirement of a 50-foot right-of-way with respect to Varela Lane; and
NOW, THEREFORE, BE IT RESOLVED, that Preliminary Subdivision and Site Plan
Approval is hereby granted to Varela LLC for the property located at 24 Lester Place, Block 130,
Lots 62 pursuant to the application and subject to the following plans: Sheet 1 of 15, dated
8/20/04; Sheet 1A of 15, dated 8/20/04; Sheet 1B of 15, dated 8/20/04; Sheet 2 of 15, dated
8/20/04, last revised 10/28/04; Sheet 3 of 15, dated 6/24/04, last revised 10/28/04; Sheet 4 of 15,
dated 8/20/04; Sheet 5 of 15, dated 8/20/04; Sheet 6 of 15, dated 8/20/04; Sheet 7 of 15, dated
8/20/04; Sheet 8 of 15, dated 8/20/04; Sheet 9 of 15, dated 8/20/04; Sheet 10 of 15, dated
8/20/04; Sheet 11 of 15, dated 8/20/04; Sheet 12 of 15, dated 8/20/04; Sheet 13 of 15, dated
8/20/04; Sheet 14 of 15, dated 8/20/04; Sheet 15 of 15, dated 6/24/04; SAN 1, dated 9/20/04, last
revised 10/28/04; SAN 2, dated 9/20/04, last revised 10/28/04; W1, dated 9/20/04, last revised
10/28/04 and to all terms and conditions set forth below:
1. All pavement, including portions of driveways within the right-of-way of
the new common access road (Varela Lane) shall be constructed
according to Town specifications, with the exception of the width of
Varela Lane, which shall be 25 feet. All driveways, other than those
portions located within the right-of-way of Varela Lane, shall be
constructed of paving blocks;
2. The right-of-way of Varela Lane and all subsurface infrastructure shall be
improved according to the Town standards and specifications and
offered for dedication to the Town;
3. Subject to the approval of the Town Board, a "stop" sign shall be placed
at the southwest corner of the intersection of Lester Place and Varela
Lane. The applicant shall apply to the Town Board for approval of the
placement of said stop sign.
4. The filing of the signed, final subdivision plat shall not be made until the
Applicant has recorded in the Office of the Clerk of Westchester County
a Declaration of Covenants and Restrictions, in form acceptable to the
Counsel to the Planning Board, obligating the owners of Lots 3 and 4 to
maintain along the eastern boundaries of Lots 3 and 4, in perpetuity, a 5
foot deep natural buffer of bamboo in accordance with sheet 12,
Landscape and Grading, dated 8/20/04. The final subdivision plat shall
also include a notation of this obligation.
5. "No Parking" signs shall be installed on the east side of Varela Lane from
Lester Place to the stone pillars shown on the Proposed Site Plan, Sheet
#2, last revised 11/03/04.
II. Special Requirements
A. Water Retention and Drainage
1. The applicant must comply with the Town Surface Water, Erosion and
Sediment Control Law so that the rate of runoff from the property is not
increased after construction. Detailed design shall be consistent with the
Storm Water Management Plan, Sheet#5,dated 8/20/04.
2. The filing of the signed, final subdivision plat shall not be made until the
Applicant has recorded in the Office of the Clerk of Westchester County
a Declaration of Covenants and Restrictions, in form acceptable to the
Counsel to the Planning Board, obligating the owners of Lots 1, 2, 3, 4,
and 5 to maintain in perpetuity the drainage infrastructure shown on the
Storm Water Management Plan, Sheet 5, dated 8/20/04, last revised
11/20/04 and approved hereby.
B. Utilities
1. The utility plans shall be coordinated with the landscaping plans to avoid
interference with placement and subsequent growth of plantings and the
conduct of repair and maintenance activities.
C. Erosion and Sedimentation Control During Construction
1. Erosion and sedimentation control shall be in accordance with the Town
Surface Water, Erosion and Sediment Control Law, Erosion and
sediment control plans shall be approved by the Town Consulting
Engineer prior to commencement of construction. A sediment and
erosion control plan shall be submitted which shall include a construction
timetable and inspection schedule.
D. Rock Removal
1. All rock removal required in conjunction with construction of the roadway,
utilities, and residences shall be by means approved prior to the
commencement of any rock removal by the Director of Buildings.
E. Trees
1. Compliance with the Tree Preservation Law of the Town of Mamaroneck
is required before a Building Permit shall be issued.
F. Required Documents and Inspections
1. The applicant shall provide one Mylar reproducible set of approved
drawings to the Town and one copy to the office of the Town Consulting
Engineer.
2. The applicant shall submit to the Town one Mylar reproducible set
showing the "as built" conditions for utility and sewer connections prior to
the granting of a Certificate of Occupancy for the residences to be
constructed in this subdivision.
G. Performance and Maintenance Bonds
1. The applicant shall post with the Town a performance bond, in form
acceptable to the Town Attorney, in an amount equal to 100% of the cost
of all required infrastructure, including but not limited to, roads, curbs,
utilities, and street lighting. Such performance bond shall be renewed
annually until such time as the Director of Building determines that
construction pursuant to the approved plans is complete.
2. From the date of the dedication of the road and utilities shown on the
approved plans, the applicant shall maintain with the Town a
maintenance bond equal to 50% of the cost of construction of all required
infrastructure, including but not limited to, roads, curbs, utilities and street
lighting for a period of two years.
H. Hours of Construction
1. Construction (other than rock removal, which shall be conducted during
hours provided by the Town Code) shall take place during the following
hours only: Monday through Friday from 8 a.m. to 6 p.m.; Saturday from
8:30 a.m. to 3:00 p.m. from April 1 through October 31, and from 8:30
a.m. to 5:00 p.m. from November 1 through March 31.
I. Extension
1. This extension shall expire one year from the date of its issuance.
C. Alan Mason, acting chair signed the Plat
7. Dean and Odelya Vivola Consideration
Diane Neff applicant's architect appeared and addressed the Board. Ms. Neff stated that the
Zoning Board of Appeals granted a variance January 24, 2007.
The applicant is requesting a permit to add a garage to the side of the existing house with
bedrooms above and to make the existing enclosed front porch structurally sound as it is in need
of repair.
Jim Lotto applicant's landscape architect appeared and addressed the Board and entered a plan
as Exhibit A
Anthony Oliveri stated that the Wetlands line would have to be determined in order to do the
actual calculations.
The edge of the new addition would be 37 feet from the property line in the rear.
The matter is referred to Coastal Zone Management Commission (CZMC)Tuesday March 27,
2007.
The matter is adjourned to a Public hearing Wednesday April 11, 2007.
8. Minutes
The minutes of January 10, 2007 on motion of John Ortiz, seconded by Edmund Papazian were
accepted unanimously 6-0
9. New Business
The Board welcomed new member George Roniger
Nancy Seligson, Liason also welcomed Mr. Roniger
Ms. Seligson also stated that the Town is trying to act on encroachments in the Conservation
areas although it very hard to do. She has also stated that the Town passed a no ideling Law if
the temperature is above 42 degrees, and signs will be going up in front of Murray Avenue
School.
Meeting Adjourned 9:55 p.m.
Next Meeting Wednesday April 11, 2007
Francine M. Brill
Secretary to Planning Board