Loading...
HomeMy WebLinkAbout2016_11_09 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK, NOVEMBER 9, 2016 HELD IN CONFERENCE ROOM C OF THE TOWN CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK Present: Ralph M. Engel, Chairman, Elizabeth Cooney, Edmund Papazian, George Roniger, Ira Block, Eileen Weingarten, Ron Mandel, Also Present: Lisa Hochman, Counsel to Planning Board,Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant,Jaine Elkind-Eney,Town Board Liaison, David Goessl,Town Engineer. Absent/Excused: Donald J, Kravet. CALL TO ORDER The meeting was called to order at 7:30P.M. Mr. Engel welcomed Elizabeth Cooney as the newly appointed vice chair. MINUTES The minutes of October were discussed. Motion:To approve the minutes of October with technical corrections Action:Approved Moved by Ira Block, Seconded by George Roniger. Mr. Engel stated that the application number 2 for PETCO will not be heard tonight. 1. 852 Fenimore Road - Winged Foot Golf Club - Wetlands&Watercourse Permit Public Hearing Joe Cermele,the applicant's engineer, addressed the Board stating the proposed improvements are for restoration of the west course (greens,tees and bunkers). He further stated that they have received approval from the Coastal Zone Management Commission and asked that a public hearing be opened. Signs and mailings have been done. 1 A stream crossing on the 15th hole is proposed to be widened from 5 feet wide to 10 feet for maintenance. The drainage basin needs to be cleaned, as it has not been maintained there will be no changes to the flow only removal of accumulated sediment. There is a permit to remove 75 trees either dead decayed, dying or in the way of play and replace 70 trees of substantial size,the club has already planted 24 trees in the last year. The total disturbance of+ or—19 acres was discussed. The club is currently working on the back 9 outside the wetland buffer. Work on each hole takes approximately 7-8 days. Work should be completed by late December. Routine maintenance was discussed and the club asked to table that until a later date The "CZMC" request for vegetation at the stream bank was discussed, Mr. Cermele stated that it would interfere with the play areas and not be in keeping with the historic layout of the club as it has been like this since 1921. The club would rather take the stream maintenance off the table rather than plant meadow grass. Ms. Paul stated that although the CZMC would like to see it they understand it would not in areas of play. Mr. Cermele stated they are planting grass on the stream edge for stabilization, Ms. Paul stated that it would be adequate. The work in the stream was discussed, flow and velocity will decrease as the stream will be slightly wider. Mr. Block asked if there can be plantings somewhere out of the play area, Mr. Cermele that the club has planted a gain garden and meadow grass on the property. Mr. Goessl, asked about the curb cut on Griffen Road, Mr. Cermele stated it made sense to use the nearest road as a temporary access and egress for the work being done. Storage and or removal of the sediment was discussed, Mr. Cemele stated that most will be stored on site for future use and the surplus will be taken off site. The Long environmental Assessment Form was discussed, and corrections were made as to the amount of material being removed from the site, it was decided that it would be calculated not to exceed 1,000 yards over the duration of 18 months. The Negative Declaration was discussed. PUBLIC COMMENTS Mary Hory of 1032 Old White Plains Road, stated she believed that the meeting was to discuss tree removal and was not happy that the club already received a tree removal permit. Ms. Paul explained 2 the process to her that letters were sent and no objections were received, if there were objections a public hearing would have been set. Motion:To close the public hearing Action:Approved Moved by Eileen Weingarten, Seconded by Ira Block. Motion:To approve the Negative Declaration with technical corrections Action:Approved Moved by Eileen Weingarten, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Eileen Weingarten, Elizabeth Cooney, George Roniger, Ira Block, Ralph M. Engel, Chairman, Ron Mandel. Motion:To approve the Wetlands and Watercourse application with technical corrections Action:Approved Moved by Elizabeth Cooney, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Eileen Weingarten, Elizabeth Cooney, George Roniger, Ira Block, Ralph M. Engel, Chairman, Ron Mandel. CERTIFICATION WETLANDS AND WATERCOURSES PERMIT Winged Foot Golf Club On motion of Elizabeth Cooney seconded by George Roniger the application of Winged Foot Golf Club (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 7 to 0 with 0 abstention(s). 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 has applied for a permit under the Wetlands Law in connection with restoration of the West Course including reconstruction of greens and bunkers, removal of 3 trees, new plantings, enlargement of a stream crossing and removal of accumulated sediment from the stream (the "Proposed Action"); and WHEREAS, the subject property is located at 851 Fenimore Road and known on the Tax Assessment map of the Town of Mamaroneck as Parcel Number 3-47-1.1 (the "Property"); and WHEREAS, due to its location in a designated "Critical Environmental Area" as defined in Chapter 92 of the Town Code,the Board determined that this is a Type 1 Action under SEQRA and MEQR; and WHEREAS,the Planning Board reviewed Part 1 of the Full Environmental Assessment Form ("EAF") submitted by the Applicant in support of the application, sought and received comments from all interested agencies and, based upon such information, completed Part 2 of the EAF, and determined, as hereinafter resolved,that the Application did not have the potential to result in significant adverse environmental impacts; and WHEREAS,the Coastal Zone Management Commission("CZMC")considered the Proposed Action at its October 24, 2016 meeting and issued a letter to the Board dated October 31, 2016 (the " CZMC Letter"), stating that the proposal is consistent with the policies of the Local Waterfront Revitalization Plan (LWRP); and WHEREAS, the CZMC Letter requested that the Applicant consider replanting the banks and buffers of the watercourse with a meadow or riparian seed mix to help reduce the amount of fertilizers, pesticide and sediment that could potentially enter the watercourse in the future; and WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114-7(C) on October 5 and November 9, 2016; and WHEREAS, David Goessl (the "Town Engineer") and Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans") and determined that the Proposed Action complies with the Code of the Town of Mamaroneck: • West Course Restoration and Maintenance Plan, dated August 1, 2016, prepared by Kellard Sessions Consulting Engineering, Landscaping Architecture & Planning; • Operation and Maintenance Plan—Winged Foot Golf Club, dated September 12, 2016, prepared by Kellard Sessions Consulting Engineering, Landscaping Architecture & Planning; and • Wetland/Wetland Buffer Disturbance Figure, dated October 12, 2016, prepared by Kellard 4 Sessions Consulting Engineering, Landscaping Architecture & Planning. 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; The Planning Board finds the Proposed Action will not give rise to negative environmental impacts to the stream or down-gradient wetlands because (i) widening of the existing stream crossing will require minimal disturbance to the stream channel and no realignment is proposed; (ii) removal of accumulated sediment will improve the natural ecological function of the stream and its banks; (iii) reconstruction of the existing putting green and adjacent sand bunkers and fairway improvements are within currently developed and maintained areas; and(iv) some of the trees proposed for removal are dead or diseased and the remainder interfere with the use and operation of the course. In addition, the applicant has proposed to plant 70 trees of varying sizes and species throughout the course. b. the alternatives to the Proposed Action; The Planning Board finds that the Proposed Action is necessary to enable the Applicant to properly maintain the golf course and therefore, there are no reasonable alternatives. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in Wetlands Law §114-1; The Planning Board finds the Proposed Action will not negatively impact wetland functions because the reconstruction components will occur in areas that have already been fully developed, the expansion of the stream crossing from 5'wide to 10' wide is minimal and the removal of accumulated sediment will improve the flow of stream water. Additionally, the applicant has proposed to plant 70 new trees, some of substantial size, to offset the loss of the 75 trees proposed to be removed(some of which are dead, diseased or dying). 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 location of the stream and golf holes are already established. The purpose of the project 5 is to restore the course to the original Tillinghast design from 1923 and the stream to its original capacity. In addition, the proposed improvements are limited to the immediate area of the existing greens, bunkers and stream to minimize disturbance. 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that the Proposed Action utilizes all technical improvements necessary to lessen the impacts offuture flooding events in the vicinity of the Property and improve the flow of water through the stream and,further, will provide the necessary safeguards and protections for the reconstruction of the existing putting green and adjacent sand bunkers. 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 The Planning Board finds that by removing accumulated sediment from the stream, the Proposed Action is likely to increase the natural function and capacity of the stream course and nearby wetlands,providing ecological improvements and enhancing flood control. 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 the public benefits include improved function of the stream including downstream wetlands and reduced potential for flooding of the golf course and nearby properties. NOW,THEREFORE, BE IT RESOLVED,that the Planning Board hereby APPROVES the authorization of a determination of non-significance (the "Negative Declaration") dated November 9, 2016, a copy of which will be kept on file with the Building Department. BE IT FURTHER 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 §114-1 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 6 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 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. 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 Town Engineer as to whether the modification is substantial and should be returned to the Planning Board. 4. Applicant will arrange a pre-construction meeting with the Town Engineer Environmental Planner and/or Building Inspector prior to any site disturbance. 5. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer for approval prior to commencing site work.The Applicant shall notify the Town Engineer, Environmental Planner and/or Building Inspector at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices, and tree and stream protection measures. 6. Applicant shall furnish an "as built"topographical survey when site work is completed. 7. 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. 8. Work conducted under Town permits shall be open to inspection at any time, including weekends and holidays, by the Town of Mamaroneck Town Engineer, Building Inspector, Environmental Planner or their designated representative(s). 9. The Wetlands and Watercourses Permit shall expire two years from the date it is issued. 7 10. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 11. 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. 12. The development must comply with Chapter 110 of the Town Code to the satisfaction of the Town Building and Engineering Department. 13. Prior to construction, 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 the prior approval by the Town Engineer, Environmental Planner and/or Building Inspector. 14. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to the estimated cost of the improvements within the wetland buffer. This can be combined with the Erosion and Sediment Control Permit bond to ensure satisfactory completion of the project and the rehabilitation of the affected or disturbed areas. 15. The tree removal and planting plan shall be in compliance with Chapter 207 of the Town Code (Trees) and work shall be completed to the satisfaction of the Town Environmental Planner. 16. The Applicant shall stabilize the riverbank during and after construction, to the satisfaction of the Town Environmental Planner and the Town Engineer. 17. The Applicant shall furnish to the Town Department of Building an amended EAF reflecting the estimated volume of material proposed to be removed from the site and the duration of time for such removal. 18. 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. Vote: In Favor: Engel, Roniger, Papazian,Weingarten, Mandel, Cooney, Block Against: None Abstain: None 8 This decision shall be filed with the Town Clerk. 4. 33 Marbourne Drive Consideration Benedict Salanitro,the applicant's engineering, addressed the Board stating that this property has been before the Board in 2014, at which time they were close to receiving final approval but the applicant backed out. The property owners are back with a similar application, a stick built 1 family dwelling adjacent to a dry water course on site. This is the last undeveloped parcel in the 1982 subdivision. Mr. Salanitro asked to be referred to CZMC. He further stated that in November of 2014 test pits were done that showed the property is filled with shot rock and has good drainage. There is no basement planned. Mr. Engel voiced his concern regarding the severe drop in the rear as there is no fence it is dangerous. Mr. Salanitro stated a projective measure is reasonable. Protection of the slope was discussed. The driveway size and placement as well as possible alternatives were discussed to save the trees. Mr. Engel requested that the stream be cleaned up. Mr. Goessl stated at the peer meeting it was stated it should be referred to the Department of Environmental Facilities, Ms. Brill stated she set a plan to them. Mr. Oliveri suggested that Mr. Salanitro call the DEF to see if they have issues. Mr. Goessl stated the 1980 maps show pipes buried on the property but a field inspection show none. There are two dischargers onto the property and two out falls The Easements on the property were discussed. Mr. Salanitro stated he might have a discussion with the Town as one does exist but might not serve a purpose. A neighbor to neighbor easement was discussed, Mr. Salanitro stated it has not been done as the both properties are owned by the same person. It is a Town facility and can be connected to. Mr. Engel asked for a drawing that goes beyond the applicant's property showing the position of the neighbors drive. Mr. Goessl stated a letter form the building inspector is required stating that it is zoning compliant. Mr. Salanitro requested a referral to CZMC and that a Public Hearing be set. 9 Motion:To set a public hearing for December 14, 2016 Action:Approved Moved by Eileen Weingarten, Seconded by Ira Block. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Eileen Weingarten, Elizabeth Cooney, George Roniger, Ira Block, Ralph M. Engel, Chairman, Ron Mandel. Motion:To refer that matter to The Coastal Zone Management Commission Action:Approved Moved by Ira Block, Seconded by Elizabeth Cooney. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Eileen Weingarten, Elizabeth Cooney, George Roniger, Ira Block, Ralph M. Engel, Chairman, Ron Mandel. New Business The Board discussed the proposed new Tree law. The Board felt that 10 days was not enough time and should be lengthened to 14 days. The Tree Commission was discussed, Ms. Paul stated it is no longer volunteers it is made up of the Town staff. Mr. Roniger stated he has received a tree letter in the past and would like the letter to state why and how and where to appeal. Mr. Goessl agreed that the letter should be more specific. Ms. Paul stated the criteria for tree removal is diseased, dying, dangerous, dead, in the proposed building area or substantially interferes with the use of the property. Mr. Block asked why this being given to this Board to is and Ms. Enemy responded they felt the Planning Board was more qualified. Ms. Paul stated that tree removal helped prompt the new Site Plan Law. 10 Motion:To adjourn the meeting at 9:20 P.M.,Action:Approved, Moved by Ralph M. Engel, Chairman, None seconded. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Eileen Weingarten, Elizabeth Cooney, George Roniger, Ira Block, Ralph M. Engel, Chairman, Ron Mandel. Minutes prepared by Francine M. Brill Planning Board Secretary 11