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HomeMy WebLinkAbout2009_04_14 Planning Board Minutes Town of Mamaroneck Planning Board Town of Mamaroneck Planning Board Minutes April 14, 2009 Present: Marc Rosenbaum, Chair C. Alan Mason John A. Ortiz Ellen Dunkin Virginia Picciotto George Roniger Edmund Papazian Also Present: Ron Carpaneto, Director of Building Kevin G. Ryan, Counsel Nancy Seligson, Liaison Jonathan Avellino, P.E Ellen Korn, Alternate Elizabeth Paul, Environmental Coordinator Wanda Spevadula, Public Stenographer Carbone&Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine M. Brill, Recording Secretary 1. Minutes The minutes of March 11, 2009 were approved unanimously by motion of Ms. Picciotto, seconded by Ms. Dunkin. The applications were taken out of order. 2. Application of Rocky Hollow, 4 Rocky Hollow Site Plan/Wetlands and Watercourses Joe Cermele, of Site Design Consultants, appeared and addressed the Board. Mr. Cermele stated that a new plan has not been finalized since the meeting with the staff and outside consultants last week. As a result of the meeting, the two previously identified wetlands creation areas will now be designed as rain gardens with a better and more appropriate planting plan. The applicant plans to strip the soil, remove any fill and bring in wetland quality soil and plantings. There will be an additional 200 square feet of new wetland created while only 160 square feet is required. It is the belief of the applicant that the created wetland area would more than offset the area that will be lost due to the construction of the tennis court. As per the Town wetland consultant's request, the selections of plant species have been chosen to be self-sustainable. Mr. Cermele stated that the applicant would file an application for a tree permit with the Building Department if, during construction, it becomes necessary to remove an oak tree located next to the proposed tennis court. A replacement tree will be planted by the applicant, if it is required. The final point discussed by Mr. Cermele was the proposed conservation easement and it was decided that the Planning Board would ask the applicant to execute a restrictive declaration instead. Mr. Papazian asked about the use of chemicals and Mr. Cermele stated that the applicant does not plan to use chemicals. However, if they do, the plants chosen are extremely tolerant. Sven Hoeger of Creative Habitat, the Town's wetland consultant, appeared and addressed the Board. Mr. Rosenbaum stated that although it may seem counter intuitive, putting a tennis court in the wetland buffer could be an improvement over what is currently there. Mr. Hoeger stated that according to Town Code, the wetlands require a 100-foot buffer. The buffer currently exists as a manicured lawn, which does nothing to protect the wetlands. Mr. Hoeger stated that the function of the buffer is to prevent erosion of pollutants into the watercourse and protect the quality of the water. In his opinion, anything that prevents pollutants from going into the water is an improvement. The site currently has a barren, large slope on mostly fill covered with grass. The tennis court would provide more of a barrier, as the drains would go directly into the rain gardens, which would serve as a filter. Mr. Hoeger stated that the maintenance of the rain garden is similar to a perennial garden, except that the rain garden plants would be both drought and flood tolerant and would be selected based on their PH tolerance. If calcium chloride is used on the tennis court in the recommended quantity for regular maintenance, the rain garden should do the job it is intended to do. Mr. Rosenbaum asked what a reasonable quantity would be. Mr. Hoeger stated 100 pounds per year. Mr. Ryan said that the applicant earlier stated that they do not intend to use chemicals; therefore the ability of the rain garden to filter calcium chloride provides extra protection, like a belt and suspenders. Mr. Rosenbaum stated that his reason for asking about calcium chloride is because the Guptas may sell the property in the future and the Board would like to have a limitation on the use of chemicals. Anthony Russo, the applicant's landscape architect stated that the plants selected have been chosen for their self-sustainability and should be able to survive if left alone and not maintained. Mr. Russo also stated that the applicant has agreed to a 5-year monitoring plan of the rain gardens. Mr. Rosenbaum asked Mr. Hoeger about the plants and Mr. Hoeger stated that although some of the plants are not native to the area, they should be able to survive even if not maintained. Mr. Rosenbaum asked if the use of calcium chloride could destroy the rain garden and Mr. Hoeger stated that the plants are there to visually please and that the gravel and soil serve as the actual filter. Under normal conditions, the filter should function properly and the plants should survive. Even if the filter clogged, the situation would be better than what is there now. Mr. Ortiz asked if it is a good idea to allow building in the buffer. Mr. Hoeger answered that the area already has fill in it that was allowed before the 100 ft. buffer provision was enacted. He further stated that the fill material is more detrimental to the area than what is proposed. Ms. Korn asked if the water quality could be monitored. Mr. Hoeger stated that the Sheldrake River is heavily impacted by the nearby golf course and that the tennis court's relative impact would be minimal. Ms. Paul stated that other applicants have wanted to build in the buffer and the Planning Board has allowed it with mitigation. An example is the North Brook drive way on the bank of the river. Ms. Seligson stated that when the original subdivision was approved, the 100-foot buffer law did not exist. The idea behind the 100-foot buffer was the hope of a regulation to protect the habitat and control the very few wetlands we have left. Ms. Seligson stated that a manicured lawn might not be the best way to protect the wetlands. Mr. Roniger asked if the lawn is doing anything as a buffer and Mr. Hoeger stated that the current lawn serves as a very poor buffer. Mr. Rosenbaum asked Mr. Cermele about the use of chemicals. Mr. Cermele stated that the Guptas do not intend to use chemicals but if they did, they would use no more than the recommended amount, which is 100 pounds a year. Mr. Ortiz asked if the applicant's chemical testing could be a requirement. Mr. Papazian stated that he felt testing would not prove anything one way or another. Mr. Rosenbaum stated that the Planning Board could impose a condition restricting the use of calcium chloride to 100 pounds per year. Mr. Ryan stated that there is a 5-year monitoring plan and if there is a catastrophic failure, the Board can write into the resolution a condition that any plants that do not survive must be replaced. There will be a restrictive covenant in place in perpetuity. Mr. Ryan stated that a rough draft of the resolution will be circulated before the next meeting for the Board to review. On motion duly made the matter was adjourned to the May 13, 2009. 3. Application Robert Sickles 43 Bonnie Briar Consideration No one was present, matter adjourned to May 13, 2009. Sven Hoeger stated that he received the paperwork from the applicant and will do the flagging of the property and report to the Board his findings. 4. Application of Winged Foot Golf Club Consideration Lori Lee Dickson of McCullough, Goldberger and Staudt, LLP, applicant's attorney, appeared and addressed the Board. Ms. Dickson stated that the applicant,Winged Foot Golf Club, has entered into a contract to purchase a vacant lot on Championship Drive, which is adjacent to the golf course. The parcel is known as Lot 2 of the Elmcroft Estates subdivision. The subdivision consists of five lots, one of which has the previously existing residence which has been sold, and the other four are undeveloped and still owned by the developer. They are before the Board because the sale of Lot 2 to Winged Foot is contingent upon the removal of the lot from the home owners association (HOA) until and if the lot is developed. If or when the parcel is developed in the future it would be returned to the HOA. Ms. Dickson stated that the property is adjacent to a dog leg hole on Winged Foot much like the property in current litigation with the club. Winged Foot wants to purchase Lot 2 as a safety buffer. Ms. Dickson stated that there is no intent to merge the parcel with the golf club property. It will be kept as a separate lot as shown on the subdivision map#28059 filed 11/20/07 with Westchester County land records. Ms. Dickson entered a letter(Marked Exhibit 1)from Christophe and Veronique Pochart, of 6 Championship Drive stating that they have been advised of the proposed contract of sale for Lot 2 and its terms and they have no objections to the removal of the lot from the HOA. Ms. Dickson also gave a copy of the recorded deed for 6 Championship Drive (Marked Exhibit 2). Mr. Eric Abraham, of Deer Hollow Estates LLC, the owner of the undeveloped lots in the subdivision, addressed the Board. Mr. Abrahams stated that the HOA monthly fees with five parcels would be $100.00 per lot and would be $150.00 per lot with four parcels. Dr. Mason asked what the homeowners get in return for the fees. Mr. Abrahams stated that the HOA fees cover all maintenance listed in the service contract. Dr. Mason asked Ms. Dickson what Winged Foot would do if the Board denied their request. Ms. Dickson answered that they would withdraw from the contract. Mr. Ryan asked if there was any alternative, for example, whether the developer could execute a side agreement with Winged Foot. He noted that the Declaration of Covenants states, in Article II Section 4, that it may not be amended. Mr. Rosenbaum stated that he does not feel comfortable without the owners of 6 Championship Drive present, and would like them and their attorney at the next meeting. Mr. Ryan stated that in connection with a public hearing, the neighbors would be provided with due notice and it would be their choice whether or not to attend the hearing. Mr. Ryan also stated that if the Board were to allow the amendment of the Declaration of Covenants, there would have to be a public hearing first. Ms. Paul asked if Winged Foot would be allowed to build anything on the Lot 2. Mr. Carpaneto stated that Winged Foot would not be allowed to build anything without a principal structure first. Mr. Rosenbaum suggested the applicant send an application to the Building Department to amend the prior subdivision approval. Once that is received a Public Hearing can be set. Matter was adjourned to May 13, 2009. 5. Application of 52 Country Road Consideration Michael Targoff appeared and addressed the Board. Mr. Targoff stated that his house is on a flag lot and has a condition that prior to issuance of a Certificate of Occupancy he must record a Declaration of Covenants and Restrictions, which requires, among other things, planting and maintaining screening at 50 Country Road. The Building Department has issued a temporary Certificate of Occupancy. Mr. Targoff stated that he is requesting to be relieved of the remainder of the planting requirement so he can get a final C of O. Mr. Rosenbaum stated that it requires a public hearing. The matter was adjourned to May 13, 2009. 6. Application of William Maker Town Board Referral Consideration Nancy Seligson, Liaison, appeared and addressed the Board. Ms. Seligson stated that Section 240- 79B of the Town Code is no longer appropriate. The Board discussed the proposed amendment to the zoning ordinance and agreed in part. The Board felt that the five-foot side and rear lot line requirement should stay in the code, but agreed to the removal of the 25-foot front yard setback requirement. On motion of Dr. Mason, seconded by Mr. Ortiz the board voted unanimously in favor of the new local law, as amended and requested Mr. Ryan generate an Advisory Opinion to The Town Board. ADJOURNMENT On motion duly made the meeting was adjourned at 10:04 PM. If anyone wishes to review the audio tape of the meeting of April 14, 2009 it will be available at the Building department, after the certification is signed by the chairman and filed with the Town Clerk. Francine M. Brill