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HomeMy WebLinkAbout2009_11_11 Planning Board Minutes Town of Mamaroneck Planning Board November 11, 2009 Town of Mamaroneck Planning Board Minutes November 11, 2009 Present: Marc. Rosenbaum, Chair C. Alan Mason, DDS John Ortiz Ellen Dunkin Virginia Picciotto George Roniger Edmund Papazian Absent: Ronald Carpaneto, Director of Building Kevin G. Ryan, Counsel Anthony Oliveri, P.E., Town Engineer Wanda Sepulveda, Public Stenographer Carbone& Associates, LTD 111 N. Central Park Avenue Hartsdale, New York 10530 Francine M. Brill, Recording Secretary Mr. Rosenbaum called the meeting to order at 8:02 P.M. Mr. Rosenbaum stated that Ellen Korn, the alternate member of the Planning Board has submitted her resignation stating personal reasons. Mr. Rosenbaum thanked Ms. Korn for her contributions and time and wished her well. 1. Minutes. Upon a motion by Ms. Picciotto, seconded by Dr. Mason, the minutes of October 14, 2009 were unanimously approved, subject to the corrections offered by Mr. Rosenbaum. 2. Gardens Lake Restoration. Application of Steve Altieri, Town of Mamaroneck Administrator, Wetlands and Watercourses permit. Decision. Mr. Rosenbaum asked for a motion to approve the certification that was circulated among the Board members for review prior to the meeting. On motion of Dr. Mason, seconded by Ms. Dunkin, the certification for the Wetlands and Watercourse permit for Gardens Lake was unanimously approved. 1 Town of Mamaroneck Planning Board November 11, 2009 RESOLTUTION WETLANDS AND WATERCOURSES PERMIT Gardens Lake Restoration Project WHEREAS, the Town of Mamaroneck ("Applicant" or "Town") 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 Gardens Lake, Lakeside Drive, Town of Mamaroneck (the "Subject Property"), and known on the Tax Assessment Map of the Town of Mamaroneck as Block 215, Lot 518 (the "Application"); and WHEREAS, the Application contains a proposal to hydraulically dredge the lake called Gardens Lake and use the dredged material to create a wetland shelf along the eastern side of the lake, planted with wetland plants, and install a flood control valve at the outlet of the lake (the "Proposed Action"); and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA"), Westchester County Board of Legislators was established as the "Lead Agency" in connection with the Sheldrake River Corridor Water Quality and Habitat Improvement Project (the "Sheldrake River Project"); and WHEREAS, the Lead Agency classified the Proposed Action as "Unlisted" and undertook a coordinated SEQRA determination of significance, which included the Town of Mamaroneck as an involved agency; and WHEREAS, the Lead Agency determined that the Proposed Action would have no significant adverse environmental impact, and issued a negative declaration on May 25, 2004; and WHEREAS, the Sheldrake River Project involves the enhancement of several stream segments and water bodies of the Sheldrake River by stabilizing stream banks with riparian vegetation, creating wetlands and installing sediment control structures; and WHEREAS, the Proposed Action is a component of the Sheldrake River Project, which involves the Sheldrake River from Carpenter Pond in the City of New Rochelle to Gardens Lake in the Town of Mamaroneck; and 2 Town of Mamaroneck Planning Board November 11, 2009 WHEREAS, the New York State Department of Environmental Conservation has awarded a grant to the County of Westchester which will be used to fund the wetland restoration components of the Sheldrake River Project; WHEREAS, Westchester County has identified the potential flood control value of the Sheldrake River Project and has also awarded the Town of Mamaroneck a grant which will be used to fund the dredging component of the Proposed Action as well as the installation of a control valve to raise and lower the level of Gardens Lake during rain storm events; and WHEREAS, the Town of Mamaroneck Planning Board (the "Planning Board") has reviewed a memo dated October 14, 2009, prepared by Stephen V. Altieri, the Mamaroneck Town Administrator, which identifies reports from other commissions and agencies and discusses the environmental impacts as well as the availability of alternatives and the benefits associated with the Proposed Action (the "Altieri Memo"); and WHEREAS, pursuant to Section 114-6.A of the Wetlands Law, the Town of Mamaroneck is exempt from the Wetlands Law; and WHEREAS, in the interest of government transparency, it is the policy of the Town Board that the Town comply with the Wetlands Law review process, despite being exempt from the provisions of the Wetlands Law; and WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114-7(C) on October 14, 2009; and WHEREAS, the Coastal Zone Management Commission ("CZMC") issued a letter dated October 14, 2009 (the "CZMC Letter"), stating that it reviewed the Application and found the Proposed Action to be consistent with the Local Waterfront Revitalization Plan ("LWRP"); and WHEREAS, in accordance with Wetlands Law §114-7(D), and upon review of the letter dated November 5, 2009 by Dolph Rotfeld Engineering, P.C., the Town's Consulting Engineer, the Planning Board has considered all relevant facts and circumstances including reports from other commissions, such as the CZMC, and Town, County, State and/or Federal agencies, including; ➢ The Plan entitled "Site Construction Documents, Gardens Lake Restoration Project" prepared by AKRF Engineering PC, dated September 2, 2009 (the "Site Construction Documents"); 3 Town of Mamaroneck Planning Board November 11, 2009 ➢ The Report entitled "The Gardens Lake Restoration Project, Stormwater Pollution Prevention Plan"prepared by AKRF Engineering PC, dated September 2009; ➢ The Altieri Memo; and ➢ The CZMC Letter. WHEREAS, based on the foregoing and in accordance with the Wetlands Law, the Planning Board has considered the following: 1. Any potential environmental impact of the proposed action; The Planning Board finds that the Proposed Action will improve water quality and reduce the vulnerability to flooding for those living around the lake as well as those living downstream. In particular, the Planning Board finds that: (a) The Proposed Action will have a positive environmental impact by improving water quality and habitat for fish and wildlife. (b) The improvements will benefit the surrounding residential area by controlling sedimentation and enhancing the appearance of Gardens Lake. (b) In regard to flood control, the dredging will improve the flood retention capacity of the lake by increasing the mean lake depth to 5.5 feet 6 feet. (d) The installation of a control valve will provide the means for reducing the water level of the lake prior to storm events, thus further enhancing the lake's flood control potential. 2. The alternatives to the proposed action; The Planning Board finds that there are no alternatives to the Proposed Action that would provide the same enumerated improvements. 3. The impact of the proposed activity on wetland functions and the benefits as set forth in Wetlands Law §114-1; The Planning Board finds that wetland function will be improved due to the installation of new planting benches, which will provide additional habitat for wildlife and also improve water quality in Gardens Lake. 4. The availability of preferable alternative locations on the subject parcel; Because the Proposed Action is specifically intended to restore and improve the wetland characteristics and flood control capabilities of Gardens Lake, the Planning Board finds that this standard does not apply. 4 Town of Mamaroneck Planning Board November 11, 2009 5. The availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that because the purpose of the Proposed Action is to improve Gardens Lake, none of the proposed activities will have a negative impact upon the lake and, therefore, permanent protective safeguards are not necessary. However, during actual construction of the project, the Planning Board shall require as a condition to this permit that, prior to the commencement of construction, temporary safeguards must be in place to prevent erosion of material onto the surrounding streets and to protect the existing banks of the lakes. 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 The Planning Board finds that the Proposed Action will improve both wetland function and flood control and the lake will remain an open space for recreational purposes. 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; The Planning Board finds that the benefits of the Proposed Action include improving the water quality of Gardens Lake, enhancing the habitat for fish and wildlife, improving the appearance of the lake and improving the flood retention capacity of the lake by increasing the mean lake depth from 5.5 feet to 6 feet and installing a system which will enable the water level of the lake to be reduced prior to storm events, thus further enhancing its flood control potential. 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 LWRP and the Wetlands Law, as set forth in §114- 1 AND that the action taken will minimize all adverse effects on such policy to the maximum extent practicable: 1. To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the natural benefits of wetlands and watercourses that is consistent with the general welfare and beneficial economic and social development of the town; and 5 Town of Mamaroneck Planning Board November 11, 2009 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 the Town of Mamaroneck 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 to protect the existing banks of the lake as well as surrounding streets. 2. The Proposed Action shall be completed in substantial conformity with the Site Construction Documents and the NYS DEC SPDES General Permit for Stormwater Discharges from Construction Activities - GP-0-08-001 and in compliance with all relevant federal, state and local laws, including permit requirements. 3. Work conducted under the permit shall be open to inspection at any time, including weekends and holidays, by the Town of Mamaroneck Building Inspector or its designated representative(s). 4. The permit shall expire on November 11, 2010. 5. The Applicant shall notify the Building Department of the date on which the work is to begin, at least five days in advance of such date. 6. The permit shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permit. Ayes: Rosenbaum, Mason, Ortiz, Dunkin, Picciotto, Roniger, Papazian Nays: 3. Application of Bonnie Briar Country Club for Site Plan approval. Public Hearing. Mr. Ortiz recused himself. Benedict Salinitro, the applicant's engineer, appeared and addressed the Board. On motion of Ms. Picciotto, seconded by Dr. Mason, the public hearing was opened. Ayes: Rosenbaum, Mason, Dunkin, Picciotto, Roniger, Papazian Nays: Recused: Ortiz 6 Town of Mamaroneck Planning Board November 11, 2009 Mr. Salinitro explained the procedural history of the application and that it was also pending before the Zoning Board of Appeals for area variances. The Planning Board discussed the design, dimensions and location of the proposed golf cart storage structure as well as drainage implications and its visibility from various locations. The Board discussed the SEQRA process and Mr. Ryan pointed out that it is a Type 1 action because of its location within the designated "Critical Environmental Area." A letter in support of the application, written by Mr. and Mrs. Speiss, the neighboring property owners, was entered into the record. The Board discussed the procedural requirements for this site plan review, including that the matter is before the Zoning Board of Appeals for area variances. The Board also discussed which of the criteria under Chapter 177 should be applied to this application. On motion of Ms. Picciotto, seconded by Dr. Mason, the Board declared intent to be Lead Agency. Ayes: Rosenbaum, Mason, Dunkin, Picciotto, Roniger, Papazian Nays: Recused: Ortiz The matter was adjourned until December 9, 2009. 4. Application of William Maker, Jr., for a Town Board Referral. Mr. Maker was not present. Mr. Ryan asked Ms. Seligson, the Town Board liaison, to request the Town Board to push the date for the Planning Board's advisory opinion until after such time that Mr. Maker makes his presentation to the Board. Ms. Seligson agreed to make the request. The matter was adjourned until December 9, 2009. 5. Pet Pantry, Application of Adam Jacobson requesting a Special Use Permit. Consideration. Robert Moon of R. Moon Associates, applicant's architect, appeared and addressed the Board. Mr. Moon stated that the Pet Pantry would take the space that was occupied by the Aqua Spa, and would need a special use permit to change the use from service to retail. Mr. Rosenbaum stated that the Board requires the submission of a completed short form environmental assessment form ("EAF"). . Mr. Oliveri, the Town Engineer, advised the applicant that parking would be the primary substantive issue to be examined. 7 Town of Mamaroneck Planning Board November 11, 2009 Mr. Rosenbaum stated that once the short form EAF is filed and the application has been properly noticed, the Board can open a Public Hearing. The matter was adjourned until December 9, 2009. 6. 77 Cooper Lane, Application of Steve Marsh requesting subdivision approval. Consideration. Steve Marsh appeared and addressed the Board to request subdivision approval for the parcel located at 77 Cooper Lane. Mr. Marsh stated that he is the contract vendee and that he plans to demolish the existing residence and all structures on the property. Mr. Marsh stated that the subdivided property would have two conforming lots that would meet all requirements of the R- 10 district. The Board discussed the location of the subject property and the placement of the proposed houses. The Board and Mr. Oliveri, discussed the requirements of Chapter 190 of the Town Code. Particular attention was paid to submission requirements with respect to construction drawings and storm water management requirements. Dr. Mason noted that the submission lacks proper authorization from the current owner of the property and Mr. Ryan explained the authorization requirements. The applicant was advised to add the requested details to the proposed plat or to be prepared to explain why such details are not necessary at the next meeting. The matter was adjourned to December 9, 2009 for consideration. 7. 1380 Boston Post Road. Application for Site Plan Approval. Consideration Virginia Picciotto recused herself. John Knoetgen, applicant's architect, appeared and addressed the Board. Mr. Knoetgen explained the existing site conditions and described the proposal to enlarge the existing building for expanded retail use. Mr. Rosenbaum noted errors on the plans with regard to setbacks. Mr. Knoetgen advised that a specific tenant has not yet been identified. Mr. Oliveri highlighted the Town Code requirements with respect to parking and storm water management. He also stated that a permit from New York State Department of Transportation would be necessary for any changes to existing curb cuts on U.S. 1/ Boston Post Road. He added that the application should have been accompanied by a short form EAF. The Board discussed proposed lighting and planting plans and the ventilation system planned for the roof with respect to its visual and noise impact on neighbors. 8 Town of Mamaroneck Planning Board November 11, 2009 Mr. Carpaneto and Mr. Ryan noted that the application would be referred to both BAR and CZMC. The matter was adjourned until December 9, 2009. ADJOURNMENT On motion of Dr. Mason, seconded by Ms. Dunkin the meeting was adjourned at 9:20 P.M. Minutes Prepared by Francine M. Brill 9