HomeMy WebLinkAbout2015_08_12 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD
OF THE TOWN OF MAMARONECK,AUGUST 12, 2015
HELD IN CONFERENCE ROOM C,OF THE TOWN CENTER
740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK
1. MINUTES
2. 28 Colonial Avenue -Wrobel
Required Approval(s) Subdivision Approval
Town Code Chapter 190
Location: 28 Colonial Avenue
District: R-6
Project Description two lot subdivision
3. 23 North Brook Road-North Brook Development-Public Hearing continued
Required Approval(s)Wetlands and Watercourses
Town Code Chapter 114
Location: 23 North Brook Road
District: R-6
Project Description build a new single family residence
4. 2 Fairway Drive-Fairway Green-Consideration
Required Approval(s) Subdivision Approval
Town Code Chapter 190
Location: 2 Fairway Drive
District: R-20
Project Description 3 lot subdivision
5. 33 Marbourne Drive - LABhaus-Consideration-Adjourned
Required Approval(s) Wetlands and Watercourses
Town Code Chapter 114
Location: 33 Marbourne Drive
District: R-6
Project Description: Build a one family house
6. 12 Stonewall Lane Yasgur Woods Estate-Adjourned
Required Approval(s) Subdivision Approval
Town Code Chapter 190
Location: 12 Stonewall Lane
District: R-20
7. 2423 Boston Post Road-Majestic Glass and Mirrors -Adjourned
Required Approval(s) Special Use Permit Renewal
Town Code 240-30B
Location: 2423 Boston Post Road
District: B-R
Project Description an establishment to sell glass and mirrors
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8. 176 Myrtle Blvd.-Gjoko Shkreli-Adjourned
Required Approval(s) Site Plan approval
Town Code Chapter 177
Location: 176 Myrtle Blvd.
District: B-R
Project Description 3 story addition to existing 1 story
The meeting commenced at 8:00 P.M.
Roll Call.
Present: Ralph M. Engel, Chairman, Edmund Papazian, Ellen Dunkin, George Roniger, Stephen Marsh, Ira
Block, Eileen Weingarten.
Also Present: Lisa Hochman, Counsel,Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul,
Environmental Consultant.
Absent/Excused: Ronald Carpaneto, Building Inspector, Kevin G. Ryan, Counsel,Jaine Elkind-Eney,Town
Board Liaison.
Mr. Engel welcomed the newly appointed member Eileen Weingarten.
MINUTES
Motion:To approve the minutes of July 8, 2015
Action:Approved
Moved by Ira Block, Seconded by Ellen Dunkin.
Vote: Motion carried (summary:Yes=6;Abstention = 1).
Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, Ralph M. Engel, Chairman, Stephen
Marsh.
Abstained: Eileen Weingarten.
Mr. Engel discussed a proposed checklist being worked on by Town staff to help simplify the application
process and clarify the submission requirements. He further stated that because staff and Board
members need sufficient time to review submissions, if information is not received by the Building
Department 14 days prior to the next scheduled meeting it will not be placed on the agenda for the
meeting.
2 28 Colonial Avenue Wrobel Public Hearing continued
Don Mazin, the applicant's attorney, addressed the Board and stated that he is requesting that the draft
resolution approving the final subdivision plat be approved and the Mylar be signed.
Mr. Oliveri confirmed the necessary certifications have been done. He further stated that he has seen
the letters from Westchester Joint Water Works and the Town Civil Engineer David Goessl and therefore
he advised that the Board may proceed.
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Mr. Marsh asked if the water connection is shown on plat and Mr. Oliveri responded that it is not shown
on the new lot as there is no plan for a house.
Motion:To approve the requested subdivision
Action:Approved
Moved by George Roniger, Seconded by Ellen Dunkin.
Vote: Motion carried (summary:Yes=6,Abstain = 1).
Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, Ralph M. Engel, Chairman, Stephen
Marsh.
Abstained: Eileen Weingarten
On motion of George Roniger seconded by Ellen Dunkin,the application of David Wrobel (the
"Applicant")for approval of a final subdivision was APPROVED WITH CONDITIONS by the Planning Board
of the Town of Mamaroneck (the "Board") upon the following resolution,which was adopted by a vote
of 6—0,with 1 abstention.
WHEREAS,the subject property is located at Block 120, Lot 275 with a street address of 28
Colonial Avenue in the Town of Mamaroneck(the "Subject Property"); and
WHEREAS,the Applicant filed an application for the subdivision of one lot into two lots with no
current specified plan for development(the "Proposed Action"); and
WHEREAS, Section 190-8(A) of the Code (Submission of final layout; certificate of approval)
provides that before the Board accepts submission of the final layout of the subdivision plat,the sub-
divider shall obtain the approval without qualification of the Westchester County Department of Health,
Westchester Joint Water Works No. 1 and any other agency having jurisdiction in the premises (the
"Necessary Certifications"); and
WHEREAS,Applicant has obtained the Necessary Certifications; and
WHEREAS,the Proposed Action is a Type II action pursuant to the New York State
Environmental Quality Review Act("SEQRA") and the Environmental Quality Review regulations found in
Chapter 92,Article 1 of the Town Code("MEQR") requiring no further environmental review; and
WHEREAS,a public hearing on the application for the Proposed action was conducted by the
Planning Board on July 8, 2015 at the Town Center on West Boston Post Road, Mamaroneck, New York,
after due notice; and
WHEREAS,the Planning Board has considered the application for the Proposed Action including
comments and responses to questions by the Applicant and its representatives.
NOW,THEREFORE, BE IT RESOLVED,that approval of the Proposed Action is hereby granted to
the Applicant for the subdivision of the Subject Property in accordance with the following conditions and
specifications and provisions:
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1. All applicable county, state and regional permits shall be obtained prior to the issuance of any Town
permits.
2. Prior to the issuance of any building permit,the Applicant must submit to the Town Department of
Building a complete set of construction drawings.
3.The development of the Subject Property shall, in all respects, conform to the final subdivision plat.
4.The Applicant must in all respects comply with the Surface Water, Erosion and Sediment Control Law
of the Town Code, Chapter 95 (the "Erosion &Sediment Control Law").
5.The Applicant shall provide one set of approved plat in Mylar and electronically to the Town
Department of Building.
6.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/or any successor or assign in/of ownership
interest of the Subject Property or any portion thereof.
Vote:
In Favor: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, Ralph M. Engel, Chairman, Stephen
Marsh.
Against: None
Abstain: Eileen Weingarten
3. 23 North Brook Road North Brook Development Public hearing continued
Rick Yestadt, the applicant's architect, stated they are planning a new single-family dwelling and he
requested the draft resolution be approved.
The Board discussed the draft resolution.
There were no public comments.
Motion:To close the public hearing
Action:Approved
Moved by Stephen Marsh, Seconded by Ellen Dunkin.
Vote: Motion carried (summary:Yes=6;Abstained = 1).
Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, Ralph M. Engel, Chairman, Stephen
Marsh.
Abstained: Eileen Weingarten
Motion:To approve the requested Wetlands and Watercourses application
Action:Approved
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Moved by George Roniger, Seconded by Ira Block.
Vote: Motion carried (summary:Yes=6;Abstained = 1).
Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, Ralph M. Engel, Chairman, Stephen
Marsh.
Abstained: Eileen Weingarten
On motion of George Roniger seconded by Ira Block, the application of North Brook Development (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 6 to 0 with 1 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 to construct a single
family house with driveway, retaining wall and stormwater retention system within the wetland buffer
of the Sheldrake River(the "Proposed Action"); and
WHEREAS,the subject property is located at 23 North Brook Road known on the Tax Assessment
map of the Town of Mamaroneck as Block 214, Lot 545(the "Property"); and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6
NYCRR§617 et seq. and, accordingly, no further action under SEQRA is required; and
WHEREAS, a drainage easement for the Property to provide access to maintain the riverbank
and stream channel was indicated on the tax map (the "Drainage Easement"); and
WHEREAS, a memo issued by Town Administrator, Stephen Altieiri, dated July 8, 2015 stated
that the Town has no current or future need for the Drainage Easement; and
WHEREAS, on May 20, 2015 the Drainage Easement together with the Application was referred
to the Town Highway Department as well as the New York State Thruway Authority and Department of
Transportation; and
WHEREAS, in 2007 the Board approved an application under the Wetlands Law for a
development on the Property (the "Prior Application "), despite a finding by the Coastal Zone
Management Commission ("CZMC") of inconsistency with the Local Waterfront Revitalization Program
(the "LWRP"); and
WHEREAS, the CZMC found the Prior Application to be inconsistent with Policy 44 of the LWRP
to "Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these
areas."
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WHEREAS, by letter dated August 14, 2006, the CZMC found that the Prior Application
conflicted with Policy 44 of the LWRP because the construction of the proposed retaining wall and
driveway would disturb soils and vegetation within the 100-foot wetland buffer and possibly along the
bank of the river itself.
WHEREAS,the permit for the Prior Application expired before any development occurred; and
WHEREAS, CZMC considered the Proposed Action at its March 25, 2015 meeting and issued a
letter to the Board dated April 8, 2015 (the "2015 CZMC Letter"), stating that the Applicant has made
an effort to mitigate any impact it could have on the wetland buffer; and
WHEREAS, mitigation measures recommended by CZMC and accepted by the Applicant include
locating the retaining wall above the base flood elevation and using infiltrators to detain and treat
stormwater runoff along with stabilization of the riverbank both during and after construction; and
WHEREAS,the CZMC Letter stated it would find the Proposed Action to be consistent with the
LWRP if such mitigation measures are implemented; and
WHEREAS,the Plans (as hereinafter defined) reflect the location of the retaining wall above the
base flood elevation as well as the use of infiltrators consistent with the mitigation proposed in the 2015
CZMC Letter; and
WHEREAS,the Town Environmental Planner read and entered into the record a letter dated
April 5, 2007 by Frank C. Buddingh, Consulting Arborist for Buddingh Tree Consultancy LLC to RSCC LLC,
To Mr. Chaim Cohen,which identified certain trees to be removed,those trees to be cut down at ground
level without stump removal and those trees to be removed inclusive of stump (the "Buddingh Letter")
to allow for regeneration and to defray bank erosion; and
WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114-
7(C) on April 8, May 13,July 8 and August 12, 2015; and
WHEREAS, Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the
following plans and determined that the Proposed Action complies with the Code of the Town of
Mamaroneck(the "Plans"):
• "New House for RSCC Construction Corp., 23 North Brook Road, Larchmont, NY"—Dwg Nos. A-1
through A-5, prepared by Gordon &Yestadt Architects, dated 6/4/07;
• "Soil sediment&Surface Water Control Plan for the Cohen Project, 23 North Brook Road"
prepared by JG Lotto, Landscape Architect, dated 1/27/07;
• "Site Plan Retaining Wall Design, 23 North Brook Road" prepared by Gibbons Engineering, dated
2/26/07, revised 3/13/07;
• "Subsurface Investigation -Test Borings", Drawing B-1, prepared by C.E. Boss Co., Inc., dated
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12/29/06;
• "Topographic Survey" prepared by William J. Simons, dated 7/12/03
WHEREAS,the Town's Consulting Engineer issued a memo dated April 8, 2015 (the "Engineer's
Memo")which states, inter alia,that the sediment&erosion control plan and design calculations must
be updated to agree with the architectural plan layout, particularly,the areas seem inconsistent
including the rear patio.
WHEREAS, at the Board meeting on July 8, 2015 the Town's Consulting Engineer confirmed that
the calculations were updated as requested; and
WHEREAS,the Engineer's Memo also states:
"As was required under the original approval,the following must be made conditional of any
approval:
• 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 approval of the Building Department and Town
Engineer.
• The applicant must provide documentation and manifests with regard to the origin and
make-up of fill materials to be deposited on the project site as proposed by this
application to be reviewed and approved by the Building Department and Town
Engineer.
• Percolation test results for the proposed fill areas, once fill has been placed and prior to
drywell installation, must be submitted for review and approval by the Town Engineer.
• The applicant will be required to furnish to the Town a bond or cash deposit in an
amount equal to the estimated cost of the improvements within the buffer of the
Sheldrake River.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."
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 that the Proposed Action will not impact water quality or wetland function
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because a surface water control system will collect and treat storm water runoff.
b. the alternatives to the Proposed Action; and
The Planning Board finds that there is no feasible alternative because of the unique
configuration of the Property limiting available space.
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 that there will be no negative impact to wetland functions because the
bank of the river will be stabilized during and after construction.
3. the availability of preferable alternative locations for the Proposed Action
on the subject parcel;
The Planning Board finds that given the unique configuration of the lot and because only the
driveway is within the 100-foot buffer, the Property offers no other reasonable locations for
development.
4. the availability of further technical improvements or safeguards that could feasibly
be added to the proposal;
The Planning Board finds that the Applicant has agreed to provide significant drainage improvements to
address potential impacts during and after construction and therefore additional technical
improvements or safeguards are unnecessary.
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 the Proposed Action will not hinder the flow of the river, will not increase
the peak rate of runoff and will not diminish opportunities for recreation or reduce open space.
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 that while the Proposed Action will benefit the Applicant, it will not degrade the
wetland or watercourse or interfere with other properties.
NOW,THEREFORE, BE IT 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
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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
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
following plans submitted in connection with the Application:
• "New House for RSCC Construction Corp., 23 North Brook Road, Larchmont, NY"—Dwg Nos. A-1
through A-5, prepared by Gordon &Yestadt Architects, last dated 4/27/15;
• "Soil sediment&Surface Water Control Plan for the Cohen Project, 23 North Brook Road"
prepared by JG Lotto, Landscape Architect, last dated 6/15/15;
• "Site Plan Retaining Wall Design, 23 North Brook Road" prepared by Gibbons Engineering, dated
2/26/07, revised 3/13/07;
• "Subsurface Investigation -Test Borings", Drawing B-1, prepared by C.E. Boss Co., Inc., dated
12/29/06;
• "Topographic Survey" prepared by William J. Simons, dated 7/12/03.
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 a building permit. In the event that such permit(s) require any modification to the
approved plans, a determination shall be made by the Town Director of Building and
Town's Consulting Engineer as to whether the modification is substantial and should be
returned to the Planning Board.
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4. Applicant will arrange a pre-construction meeting with the Town's Consulting Engineer
and the Town Director of Building prior to any site disturbance.
5. The Applicant shall submit a schedule for all earthwork and land disturbance to the
Town's Consulting Engineer for approval prior to commencing site work.The Applicant
shall notify the Town's Consulting Engineer or Director of Building 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" 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 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).
9. The permit shall expire two years from the date it is issued.
10. The permit shall be maintained and prominently displayed at the project site during the
undertaking of the activities authorized by the permit.
11. Violation of any of the conditions imposed herein may result in revocation of this
permit.
12. The development must comply with Chapter 110 of the Town Code to the satisfaction of
the Town Building 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 approval of the Building Department and Town
Engineer.
14. The Applicant must provide documentation and manifests with regard to the origin and
make-up of fill materials to be deposited on the Property as proposed by this
Application to be reviewed and approved by the Building Department and Town
Engineer.
15. The Applicant must submit for review and approval by the Town Engineer percolation
test results for the proposed fill areas, once fill has been placed and prior to drywell
installation.
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16. The Applicant will be required to furnish to the Town a bond or cash deposit in an
amount equal to the estimated cost of the improvements within the buffer of the
Sheldrake River. 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.
17. Any tree removed on the Property shall be replaced with another tree, to the
satisfaction of the Town Environmental Planner.
18. Prior to any tree removal on the Property, the applicant shall arrange for the
Environmental Planner to confirm that the trees to be removed and the stumps to
remain conform to those identified in the Budding Letter, as hereinabove referenced.
19. The Applicant shall stabilize the riverbank during and after construction, to the
satisfaction of the Town Environmental Planner.
20. The Drainage Easement shall be abandoned or nullified prior to the issuance of a
building permit.
21. 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/or any
successor or assign in/of ownership interest of the Subject Property or any portion
thereof.
4. 2 Fairway Drive
Larry Nardeccia,the applicant's engineer, addressed the Board requesting a 3-lot subdivision. He
described the soil and drainage conditions at the site. He further stated the applicant appeared before
the CZMC and he has addressed their comments. They have added three additional dry wells, and
added trough drains;two on the property and the third toward the street. He explained that all
drainage works by gravity. The temporary construction entrance was shown on the plan.
The Board discussed site distances with Mr. Nardeccia.
Mr. Nardeccia stated that a sewer easement was created for lot 1.
The Board discussed the location of existing trees and those proposed to be removed.
PUBLIC COMMENTS
Mr. Engel stated that this is not a public hearing but he will listen to public comments.
Adele Fader of 3 Fairway Drive, stated she lived across the street and can't believe it is sandy soil.
Ms. Millman of 22 Doris Drive also stated her concerns.
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Mr. Engel stated that there is no evidence that the owner of the property has authorized this
application.
Mr. Oliveri asked the engineer to resubmit the calculations.
The Board stated that, prior to proceeding, it requires evidence that the applicant is the owner or the
contract vendee of the subject property.
The matter was adjourned.
5. Marbourne Drive LABhaus Consideration
No one appeared.
6. 12 Stonewall Lane Yasgur Woods Estate Consideration
No one appeared.
7. 2423 Boston Post Road Majestic Glass and Mirrors Public Hearing
No one appeared.
8. 176 Myrtle Blvd. Gioko Shkreli Consideration
The applicant requested an adjournment.
ADJOURNMENT
Motion:To adjourn the meeting at 8:49 P.M.
Action:Approved
Moved by Ira Block, Seconded by Stephen Marsh.
Vote: Motion carried by unanimous vote (summary:Yes=7).
Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, Ralph M. Engel, Chairman, Stephen
Marsh, Eileen Weinstein.
Minutes prepared by
Francine M. Brill
Planning Board Secretary
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