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HomeMy WebLinkAbout2006_03_08 Planning Board Minutes Town of Mamaroneck Planning Board Town of Mamaroneck Planning Board Minutes March 8, 2006 Present: Marilyn S. Reader, Chair C. Alan Mason John A. Ortiz Marc H. Rosenbaum Robert A. Cohen Edmund Papazian Virginia Picciotto Also Present: Laurence Horvath, Counsel Anthony Oliveri, P.E. Ron Carpaneto, Director of Building Elizabeth Paul, Environmental Coordinator Jennifer Luongo, Public Stenographer Carbone & Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Daniela Gerardi, Recording Secretary 1. Minutes The Planning Board approved minutes of its February 8, 2006 meeting. 2. 50 Sheldrake Final Plat Approval The Director of Building presented the final plat plan to Chair Reader. The Board approved the plat for final subdivision approval. 3. O’Connor Subdivision The Board adopted the Negative Declaration. The Board stated the applicant shall furnish to the Town a performance bond or cash deposit in the amount of $4,000 to be combined with the Erosion Sediment Control Permit bond to ensure satisfactory completion of the project and the rehabilitation of the affected or disturbed areas within the Town Right of Way. The Board also stated the resolution should state a condition of “blasting is not allowed.” The Planning Board granted the preliminary subdivision/site plan approval. CERTIFICATION As Chairman of the Planning Board of the Town of Mamaroneck I hereby certify that the following is the Resolution adopted by the Planning Board at a meeting held on March 8, 2006. O’CONNOR SUBDIVISION Town of Mamaroneck Planning Board Minutes March 8, 2006 Page 2 of 7 PRELIMINARY SUBDIVISION/SITE PLAN APPROVAL WHEREAS, Donald T. O’Connor, has submitted an application for Preliminary Subdivision /Site Plan Approval for the property located at 22 Maple Hill Drive (Block 122, Lot 450) 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 and Site Plan Approval on December 14, 2005, and continuing on February 8, 2006; 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; NOW, THEREFORE, BE IT RESOLVED, that Preliminary Subdivision and Site Plan Approvals are hereby granted to Donald T. O’Connor for the property located at 22 Maple Hill Drive, Block 122, Lot 450 pursuant to the application and subject to the following plans titled A-1 Floor Plans & Elevations and dated 8/16/05; and to all terms and conditions set forth below: I. Special Requirements A. Water Retention and Drainage The applicant shall 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 Erosion Control Plan dated 11/19/05. B. Utilities 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 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 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. Blasting shall be prohibited. E. Trees 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 Town of Mamaroneck Planning Board Minutes March 8, 2006 Page 3 of 7 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. 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 Bond The applicant shall furnish to the Town a performance bond or cash deposit in the amount of $4,000 to be combined with the Erosion Sediment Control Permit bond to ensure satisfactory completion of the project and the rehabilitation of the affected or disturbed areas within the Town Right of Way. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. 4. Elmcroft Estates The applicant’s attorney, Fred Koelsch, stated that the applicant has a final agreement from Winged Foot regarding the drainage from the proposed subdivision. Mr. Koelsch also stated the right-of-way of Wesleyan Avenue from Old White Plains Road up to the property line of Winged Foot Golf Club shall be offered for dedication to the Town. Mr. Koelsch continued to say all subsurface infrastructure therein shall be improved according to Town standards and specifications. Jeff Waldhuter (7 Bruce Road) expressed his concerns that the Board was being rushed into making a decision and felt the material that was given had many errors and Board members did not have enough time to review the material. The Board stated 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. The Planning Board granted the preliminary subdivision/site plan approval. As Chairman of the Planning Board of the Town of Mamaroneck I hereby certify that the following is the Resolution adopted by the Planning Board at a meeting held on March 8, 2006. ELMCROFT ESTATES - PRELIMINARY SUBDIVISION/SITE PLAN APPROVAL WHEREAS, Comstock Development (the “Applicant”) has submitted an application for Preliminary Subdivision /Site Plan Approval 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 14, 2005, and continuing on January 11, 2006, February 8, 2006 and March 8, 2006; 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; Town of Mamaroneck Planning Board Minutes March 8, 2006 Page 4 of 7 NOW, THEREFORE, BE IT RESOLVED, that Preliminary Subdivision and Site Plan Approval is hereby granted to Comstock Development for the property located at 1050 Old White Plains Road, Block 345, Lot 1 pursuant to the application and subject to the following plans: Sheet C-101, dated January 21, 2005, last revised 2/24/06; Sheet C-102, dated January 21, 2005, last revised 2/24/06; Sheet C-103, dated January 21, 2005, last revised 2/24/06; Sheet C- 104, dated January 21, 2005, last revised 2/24/06; Sheet C-105, dated January 21, 2005, last revised 2/24/06; Sheet C-106, dated January 21, 2005, last revised 2/24/06; Sheet C-201, dated January 21, 2005, last revised 2/24/06; Sheet C-301, dated January 21, 2005, last revised 2/24/06; Sheet C-302, dated January 21, 2005, last revised 2/24/06; Sheet C-501, dated January 21, 2005, last revised 2/24/06; Sheet C-502, dated January 21, 2005, last revised 2/24/06; Sheet C-503, dated January 21, 2005, last revised 2/24/06; Sheet C-504, dated January 21, 2005, last revised 2/24/06; the Stormwater Management Report, last revised 12/2/05; the January 2006 Stormwater Management Plan; and to all terms and conditions set forth below: I. Terms and Conditions A. Improvements to and Dedication of Wesleyan Avenue 1. The right-of-way of Wesleyan Avenue from Old White Plains Road up to the property line of Winged Foot Golf Club (as set forth in the metes & bounds description attached hereto) shall be offered for dedication to the Town. All subsurface infrastructure therein shall be improved according to Town standards and specifications. Approximately 170 feet of Wesleyan Avenue running from Old White Plains Road shall be improved according to Town standards and specifications. The remainder of Wesleyan Avenue shall be resurfaced up to the property line of Winged Foot Golf Club. 2. All pavement, including portions of driveways within the right-of-way of the new common access road (to be known as Championship Drive) running from Wesleyan Avenue to and around the landscaped island depicted on Sheet C-101, shall be constructed according to Town specifications. 3. The subdivision plat and recorded instruments shall state that the eastern boundaries of Lots 4 and 5 shall be maintained, in perpetuity, as a natural buffer in accordance with Sheet C-201, Landscape Plan, last revised 2/24/06. The language of this notation shall be approved by the Director of Building. B. Water Retention and Drainage 1. The Applicant’s detailed design shall be consistent with the Storm Water Management Report, dated January 21, 2005, last revised 12/02/05, and the January 2006 Stormwater Management Plan. 2. It shall be a condition of final plat approval that a homeowners’ association (“HOA”) be established to maintain all stormwater and drainage infrastructure shown on Sheet C-103 (dated 1/21/05, last revised 2/24/06), including but not limited to, the stormwater basin, its associated outlet structures, discharge pipes, and manholes, as well as the landscaped island. The HOA shall be obligated, in the first instance, to maintain and repair all drainage structures. If the HOA fails to repair and/or maintain such structures to the satisfaction of the Town, the Town shall have the right to hold individual lot owners jointly Town of Mamaroneck Planning Board Minutes March 8, 2006 Page 5 of 7 and severally responsible and, if necessary, conduct such repair and/or maintenance itself, in which case the Town shall be reimbursed for any reasonable expenses related to such work by the HOA or jointly and severally by individual lot owners, as appropriate. In addition, the HOA shall be responsible for all repair and maintenance work associated with the sanitary sewer force main running through the new common access road and within Utility Easement No. 1 and No. 3 described below. 3. It shall be a condition of final plat approval that the Applicant record in the Office of the Clerk of Westchester County a Declaration of Covenants and Restrictions, in form acceptable to the Town Attorney, obligating the individual owners of Lots 1, 2, 3, 4, and 5 to maintain in perpetuity the drainage infrastructure as described in the Storm Water Management Report, dated January 21, 2005, last revised 12/02/05, and the January 2006 Stormwater Management Plan. 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. Easements. It shall be a condition of final plat approval that the Applicant record in the Office of the Clerk of Westchester County, Division of Land Records, the following easements (and accompanying metes and bounds descriptions) in form acceptable to the Town Attorney: 1. A 15-foot wide utility easement (“Utility Easement No. 1”) (shown on Sheet C-103, dated 1/21/05, last revised 2/24/06) shall contain the common utilities for the Elmcroft Estates Subdivision. Utility Easement No. 1 shall begin at the right-of-way for Lot 3 and run parallel to the Southeast property line for approximately 70 feet and then continue on onto Lot 4. It will then follow the west property line of Lot 4 through the north property line onto and through the Winged Foot Golf Club towards Old White Plains Road. 2. A 15-foot wide utility easement (“Utility Easement No. 2”) (shown on Sheet C-103, dated 1/21/05, last revised 2/24/06) shall run through Lot 4 to connect Lot 5 with Utility Easement No. 1 and shall contain the sanitary connection for Lot 5. 3. A 15-foot wide utility easement (“Utility Easement No. 3”) (shown on Sheet C-103, dated 1/21/05, last revised 2/24/06) shall contain a sanitary sewer force main extension for the potential future use solely by the owners of Lots 1 and 283 of Section 3, Block 346. Utility Easement No. 3 shall run parallel to the easterly property line of Lot 1 between the right-of-way of the new common access road and the northerly boundary of Wesleyan Avenue. Town of Mamaroneck Planning Board Minutes March 8, 2006 Page 6 of 7 4. A Common Space Easement (shown on Sheet C-103, dated 1/21/05, last revised 2/24/06) shall be comprised of the Landscaped Island in the proposed cul-de-sac. 5. A Drainage Easement (shown on Sheet C-103, dated 1/21/05, last revised 2/24/06) shall contain the Stormwater Treatment Area and Emergency Spillway. It is noted that the Westerly boundary of this easement is also the east property line for Lot 1. The lot area for Lot 1 shall not include this drainage easement area. 6. A 15-foot wide drainage easement (“Drainage Easement No. 1”) (shown on Sheet C-103, dated 1/21/05, last revised 2/24/06) shall contain the Stormwater Basin Discharge Pipe and associated drainage manholes to the Upper Pond on the Winged Foot Golf Club. It will begin at the southwest corner of the Drainage Easement described in D.5 above, cross Wesleyan Avenue, and continue southerly towards the Upper Pond. 7. A 15-foot drainage easement (“Drainage Easement No. 2”) (shown on Sheet C-103, dated 1/21/05, last revised 2/24/06) shall connect the southerly right-of-way of Wesleyan Avenue with the drainage manhole on the adjacent property. Drainage Easement No. 2 shall contain the storm sewer connection for storm water improvements on Wesleyan Avenue. E. Rock Removal 1. All rock removal required in conjunction with construction of the roadway, utilities, and residences shall be by means approved by the Director of Buildings prior to the commencement of any rock removal. F. Trees 1. Compliance with the Tree Preservation Law of the Town of Mamaroneck is required before a Building Permit shall be issued. G. 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. H. Performance Bond 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. From the date of dedication of any portion of Wesleyan Avenue and the new common access road and Town of Mamaroneck Planning Board Minutes March 8, 2006 Page 7 of 7 the utilities shown on the approved plans, the Applicant shall maintain with the Town a 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 twelve months. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. 5. Winged Foot Golf Club The applicant, Colin Burns, the general manager of Winged Foot Golf Club stated to the Board the golf clubs’ desire to dredge the upper pond. Mr. Burns continued to say plans were submitted to the Planning Board in 2002/2003 for the same purpose but were later withdrawn. Mr. Burns also stated the current proposed location for the decant basin is significantly closer to the Upper Pond (approximately 700 feet away) then the proposed location for the decant basin that was chosen in 2002/2003. The applicant’s engineer, David Sessions, of Kellard Engineering & Consulting, P.C. stated to the Board the proposed project will involve the hydro-dredging of the Upper Pond. Mr. Sessions continued to say pond soils will be pumped from the Pond to the proposed decant basin and following initial settling within the decant basin, excess water from within the decant basin will be returned to the Upper Pond through a twenty-four inch HDPE pipe. Mr. Sessions also stated once the dredging operation has been completed, all excess water will be returned back to the Upper Pond and the basin will naturally de-water in approximately 2-4 months. Mr. Sessions affirmed once the basin has adequately de-watered, the berms will be collapsed within the basin and the area finish-graded, seeded and mulched. Mr. Sessions avowed approximately 9-12 inches of berm material will be deposited over the spoil material for finish grading and any excess berm material not needed for basin finish grading will be utilized by the golf course elsewhere on the property. The applicant’s contractor, Charlie Pound, of Aqua Dredge Inc. stated the hydraulic dredging will last approximately 3 weeks. Mr. Pound also stated the noise during the dredging will sound like an idle tractor trailer and there is usually no odor caused from the dredging. The Board requested this application be referred to the Coastal Zone Management Commission (CZMC). The Environmental Coordinator requested a list of the materials and standards of the sediments that will be pumped from the pond. The Planning Board adjourned this application to the next meeting on April 19, 2006 as a public hearing. Adjournment _______________________ Daniela Gerardi Secretary to Planning Board