HomeMy WebLinkAbout2014_01_08 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
JANUARY 8, 2014 HELD IN CONFERENCE ROOM C, OF THE TOWN OF MAMARONECK
740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK
AGENDA
Application No. 1 Case No.308 529 Weaver Street Public Hearing continued
Required Approvals Subdivision Approval
Town Code Chapter 190
Location 529 Weaver Street
District R-15
Project Description 2 lot subdivision
Application No. Case No.315 106 Premium Point Ahuja Consideration
Required Approvals Wetlands and Water courses
Town Code Chapter 114
Location 106 Premium Point
District R-50
Project Description Proposed swimming pool and greenhouse
CALL TO ORDER
The meeting was called to order at 8:06 P.M.
Mr. Ortiz, Chairman welcomed the new alternate member Ralph Engel, and wished everyone a happy
new year.
Roll Call.
Present:John Ortiz, Chairman, Edmund Papazian, George Roniger, Stephen Marsh, Ira Block, Elizabeth
Cooney, Ralph Engel
Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel,Anthony Oliveri P.E.,
Consulting Engineer, Elizabeth Paul, Environmental Consultant.
Absent/Excused: Ellen Dunkin,Abby Katz,Town Board Liaison.
MINUTES
Motion:To approve the minutes of November 6, 2013 with technical corrections
Action:Approved
Moved by Elizabeth Cooney,Seconded by Ira Block.
Vote: Motion passed (summary:Yes=6, No=0,Abstain = 1).
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Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block, Stephen Marsh.
Abstain:John Ortiz, Ralph M. Engel.
The minutes of December 11, 2013 were tabled.
APPLICATION NO. 1 529 Weaver Street Michael Charitou Public Hearing
The public hearing was continued.
There were no questions or comments from the public.
There were no further comments from the Board.
The Board discussed the draft resolution.
Clauses not pertaining to this subdivision were removed and wording was corrected.
The need for performance and maintenance bonds was discussed.
Mr. Ortiz asked Ms. Paul about the protection of trees not shown on the plan and, Ms. Paul responded
that it would be shown on the building plan,which Mr. Carpaneto would review and approve.
Hours of construction were discussed and, it was stated that changing the hours from those permitted
by code would cause a problem with enforcement.
Mr. Ortiz stated the traffic on Weaver Street would be greatly impacted if construction was allowed
between 5:00P.M. and 8:00P.M.
Mr. Ortiz stated he would ask the Town Board to reevaluate the hours of construction.
Mr. Marsh questioned how often there are complaints after 6:00P.M.
Landscaping was discussed.
Motion:To close the public hearing
Action:Approved
Moved by Ira Block, Seconded by Stephen Marsh.
Vote: Motion carried by unanimous roll call vote (summary:Yes=7).
Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block,John Ortiz, Ralph M. Engel, Stephen
Marsh.
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Motion:To approve the Final Subdivision Resolution
Action:Approved
Moved by George Roniger, Seconded by Elizabeth Cooney.
Vote: Motion passed (summary:Yes=6, No=0,Abstain = 1, Absent= Ellen Dunkin).
Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block,John Ortiz, Stephen Marsh.
Abstain: Ralph M. Engel.
Absent: Ellen Dunkin
CERTIFICATION
FINAL SUBDIVISION APPROVAL
529 Weaver Street
As Secretary to the Planning Board of the Town of Mamaroneck, I hereby certify that the following is
the Resolution adopted by the Planning Board of the Town of Mamaroneck at the meeting held on
January 8, 2014
On motion of George Roniger seconded by Elizabeth Cooney, the application of Michael Charitou (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 106, Lot 163 with a street address of 529
Weaver Street in the Town of Mamaroneck(the "Subject Property"); and
WHEREAS, the Applicant filed an application for the subdivision of one lot into two lots, the
demolition of the existing house and cottage and the construction of two new single family homes, a
shared driveway and individual stormwater management systems (the "Proposed Action"); and
WHEREAS, the shared driveway component of the Proposed Action requires an area variance to
be granted by the Zoning Board of Appeals of the Town of Mamaroneck("ZBA"); and
WHEREAS, the Applicant explained that the shared driveway would eliminate the need for a
second driveway to be constructed, thereby reducing the amount of impervious surface on the Subject
Property; and
WHEREAS, the shared driveway would also eliminate the need for an additional curb cut on
Weaver Street; and
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WHEREAS, on September 9, 2012 the Applicant first appeared before the Board for
consideration and the Application was referred to the Coastal Zone Management Commission of the
Town of Mamaroneck("CZMC"); and
WHEREAS, CZMC reviewed the Proposed Action at its meeting(s) on July 22 and August 26, 2013
and issued letters dated August 13, 2013 (the "August 13 Letter") and September 9, 2013 to the Board
(the "September 9 Letter"); and
WHEREAS, In the August 13 Letter, CZMC requested the Applicant to revise its plans to increase
the number of infiltrators on each lot to provide for the detention of stormwater from a 100 year storm;
and
WHEREAS, also in the August 13 Letter, CZMC expressed concern regarding off-site drainage and
requested more detailed information on how increased stormwater flow would impact homes on
Weaver Street; and
WHEREAS, in the September 9 Letter, CZMC stated: "The plans were revised at the
recommendation of CZMC to provide for the detention of stormwater from a 100-year storm. This
brings the number of cultec units to 4 on Lot 1 and 7 units on Lot 2."
WHEREAS, In the September 9 Letter, CZMC found the Proposed Action to be consistent with
Policy 14 of the Local Waterfront Revitalization Plan; and
WHEREAS, the CZMC Letter further stated that "even with a finding of consistency, CZMC
recommends that routine inspections and maintenance of the stormwater system be required"; and
WHEREAS, a public hearing on the preliminary layout was conducted by the Board on January 9,
February 13, March 13, May 1 and June 12, 2013, after due notice; and
WHEREAS, the Town Consulting Engineer, Anthony Oliveri P.E., described, in the presence of
Applicant's representatives, a letter to John Ortiz, Chairman, and Members of the Board, dated May 1,
2013, containing comments and an analysis of the application (the"Engineer's Letter"); and
WHEREAS, the Engineer's Letter stated that the Applicant's submission satisfied the
requirements of Section 190-8 of the Town Code and found the proposed improvements to be
satisfactory; and
WHEREAS, the Engineer's Letter further stated that, prior to the Board's acceptance of the final
subdivision plat, the Applicant shall obtain approval from the Westchester County Department of
Health, purveyor of water having jurisdiction, or any other governmental agency having jurisdiction in
the premises pursuant to Section 190-8 of the Town Code; and
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WHEREAS, following the closing of the public hearing on the preliminary layout on June 13,
2013, the Board voted to deliver the Engineer's Letter to the Applicant as "comments" pursuant to
Section 190-7 of the Code; 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
subdivider shall obtain the approval without qualification of the Westchester County Department of
Health, Westchester Joint Water Works No. 1 or any other agency having jurisdiction in the premises
(the "Necessary Certifications"); and
WHEREAS, the Town Consulting Engineer confirmed that the Applicant had obtained the
Necessary Certifications and that the proposed plat conforms to all of the recommendations stated in
the Engineer's Letter; and
WHEREAS, the Proposed Action is an unlisted 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 ("MEQR"); and
WHEREAS, at the November 13, 2013 public meeting, the Board approved a resolution
authorizing a conditional determination of non-significance, conditioned upon the subsequent approval
by the ZBA of the shared driveway component of the Proposed Action (the "Conditional Negative
Declaration"); and
WHEREAS, a copy of the Conditional Negative Declaration is on file in the Building Department;
and
WHEREAS, a public hearing on the application for final subdivision approval was conducted by
the Board on November 13, December 11, 2013 and January 8, 2014 at the Town Center on West
Boston Post Road, Mamaroneck, New York, after due notice; and
WHEREAS, at the December 11 public hearing, the Director of Building reported that the
Applicant had presented its plans to the ZBA at their public meeting on December 4, 2013 and the ZBA
expressed no objection to the Proposed Action, with particular reference to the shared driveway; and
WHEREAS,the public hearing on the final plat was closed on January 8, 2014; and
WHEREAS,the Planning Board has considered the Application; comments and responses to
questions by the Applicant and its representatives;the memos, letters, reports and comments of the
Town's Consulting Engineer and CZMC; and has heard and read testimony and reviewed other
submissions from interested members of the public and their consultants and counsel.
NOW, THEREFORE, BE IT RESOLVED, that approval of the Proposed Action is hereby Granted
With Conditions to the Applicant for the subdivision of the Subject Property in accordance with the
following conditions and specifications and provisions:
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I. General Requirements and Conditions.
1. All site work shall be submitted in accordance with the latest revised plans submitted, as
referenced in Section 1.12 hereof, and shall comply in all respects with applicable federal and
state requirements.
2. All applicable county, state and regional permits, shall be obtained prior to the issuance of any
Town permits. In the event that such permit(s) require any modification to the plans approved
by this resolution, a determination shall be made by the Town Director of Building and Town
Engineer as to whether the modification is substantial and,therefore, must be returned to the
Board for its consideration and approval.
3. Applicant will arrange a pre-construction meeting with the Town Engineer and the Town
Director of Building prior to any site disturbance.
4. Prior to initial commencement of site disturbance or recommencement of site disturbance after
a hiatus,the Applicant shall submit a schedule for all earthwork and land disturbance to the
Town Engineer for approval.The Applicant shall notify—in person—the Town Engineer or
Director of Building at least 72 hours in advance of any site disturbance in order to facilitate and
arrange for inspection of construction, including but not limited to the drainage infrastructure,
erosion and sediment control devices, and tree and stream protection measures.
5. Applicant shall furnish an "as built" survey when site work is completed.
6. There shall be no letter of completion issued to any individual lot until such lot fully complies
with each condition contained within this resolution and the plans incorporated herein
applicable to such lot(s).
7. All pavements, including portions of driveways within the right-of-way of the proposed road,
shall be constructed according to Town specifications and New York State Department of
Transportation requirements, as may be applicable.
8. INTENTIONALLY OMITTED.
9. INTENTIONALLY OMITTED.
10. Prior to the issuance of a building permit,the Applicant must submit for review by the Town's
consulting engineer a complete set of construction drawings.
11. 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.
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12. The development of the Subject Property shall, in all respects, conform to the following plans:
[THIS NEEDS TO BE UPDATED.]
• "Topographical Survey", prepared by Vincent M.Teutonico L.S., dated 2/22/2013;
• "Subdivision Plat, 529 Weaver Street 2 Lot Subdivision" prepared by Vincent M. Teutonico L.S., last
dated 4/4/2013;
• Plans entitled: "529 Weaver Street 2 Lot Subdivision" prepared by Larry J. Nardecchia Jr., P.E.,
sheets, 2, CD1, ST.W1, CD3 AND CD5 with varying dates; and
• Report entitled: "Drainage Analysis" prepared by Larry J. Nardecchia Jr., P.E., last revised 3/20/2013.
Special Requirements and Conditions.
A. Water Retention and Drainage.
1. 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").
2. Detailed design and construction shall be consistent with the plans hereinabove
referenced.
3. No Certificate of Occupancy may be issued until Applicant's engineer furnishes
the Town Department of Building with an as-built survey and certifies that any drainage
infrastructure, has been installed in accordance with the plans referenced herein, to the
reasonable satisfaction of the Town Director of Building and the Town Engineer.
4. Prior to the issuance of a building permit, the Director of Building and the Town
Engineer shall make a written determination that each such lot complies with the
applicable requirements of Chapter 95 of the Town Code.
B. Utilities.
The utility plans shall be coordinated with the landscaping plan, if any, to avoid
interference with placement and subsequent growth of plantings and the
conduct of repair and maintenance activities.
2. Within the Subject Property, all new power, telephone and cable lines shall be
installed underground.
C. Construction.
1. Compliance with Town Code. Erosion and sedimentation control practices shall
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be followed in accordance with the Erosion and Sediment Control Law, Chapter 95 of
the Town Code.
2. Conformance with Submitted Plans. Prior to the application for or issuance of
any Certificate of Occupancy, the Director of Building shall determine that utilities
and/or drainage infrastructure have each been completed in accordance with the plans
hereinabove referenced.
3. Hours of Construction.
Construction (other than rock removal, which shall be conducted only during
those hours authorized in accordance with the Section 106-58.1 of the Town Code) shall
take place only during the times specified in Section 141-7 of the Town Code.
4. Traffic. During construction, Applicant shall,to the reasonable satisfaction of the
Town Director of Building and the Town Engineer, comply with the latest edition of the
Manual for Uniform Traffic Control Devices.
5. Rock Removal. All rock removal and mechanical chipping shall be undertaken
only in complete accordance with means and procedures approved by the Director of
Building, as well as in strict compliance with the Town Code, including the applicable
provisions of Chapter 106 thereof.
6. Blasting. Blasting, if any, shall in all respects comply with applicable provisions of
Chapter 106 of the Town Code.
D. Landscaping.
1. Landscape plans for individual lots will be submitted in connection with applications
for building permits for such lots and shall be consistent with the landscape plan, if
any. No trees shall be removed, and no tree removal permit shall be applied for or
issued prior to the issuance of a building permit for such lot. No building permit shall
be issued until the Director of Building approves an individual landscape plan for
such lot and no certificate of occupancy shall issue until such landscape plan is
implemented to the satisfaction of the Director of Building.
E. Required Documents and Inspections.
The Applicant shall provide one set of approved drawings to the Town and one copy to
the office of the Town Engineer.
Performance and Maintenance Bonds.
1. As a condition precedent to signing the Final Plat, the Applicant shall post with
the Town a performance bond or other security consistent with the provisions
of New York State Town Law Section 277(9)(c), in form acceptable to the Town
Attorney, in an amount equal to 100% of the cost of all required infrastructure
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construction, including but not limited to, drainage infrastructure, curbs, utilities
and sediment and erosion control. Such performance bond shall be renewed
annually until such time as the Director of Building determines that construction
pursuant to the approved plans is complete.
APPLICATION NO. 2 106 Premium Point Ahuja Consideration
George Wilkinson of Daniel S. Natchez &Associates addressed the Board on behalf of the applicants.
Mr. Wilkinson stated that they are relocating the existing swimming pool and constructing a 12X12 foot
greenhouse and patios in the rear of the property. He asserted that the new structures comply with the
zoning code.
Erosion calculations were done for the 25 -year storm event and it was reported that,the percolation
test results were good.
It was stated that the driveway will be changed to gravel in same spot.
It was stated the damaged and dead trees caused by hurricane Sandy are to be removed.
Mr. Ortiz asked why the calculations were not done for the 100 year storm. Mr. Oliveri stated that the
code calls for the 25-year storm, and due to the proximity to Long Island Sound, water can be
discharged to the sound. He added that providing water quality is more important than water retention.
Mr. Ortiz asked if there would be drainage infrastructure installed under the driveway and, Mr.
Wilkinson responded all drainage infrastructure will be behind the house.
Impervious surface was discussed.
Paul Milliat from Dan Natchez &Associates responded that the tennis court being removed was
considered pervious, and the pool being installed although impervious is smaller. Therefore,there is a
net decrease in impervious surface. He further stated that they have not taken credit for changing the
driveway to gravel.
Mr. Ortiz asked if they will get credit for the driveway and, Mr. Oliveri responded that he would need to
look at the calculations to determine that, although it should be adequate.
Mr. Oliveri stated that hydrostatic relief valves are required on the pool and, the Wetlands criteria in the
Town Code must be met. He further recommended pretreatment of the water be shown on the plan as
well as following the flood plain regulations.
Mr. Carpaneto stated that the house is being worked on presently with all required permits.
No other approvals are required.
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The matter was referred to the Coastal Zone Management Commission, as well as to the neighboring
municipalities within 500 feet of the subject property.
The matter was adjourned to Feb 12, 2014.
The applicant asked to have the public hearing opened in February.
MINUTES
Motion: To approve the minutes of 12/ 11/2013 with technical corrections
Action:Approved
Moved by Ira Block,Seconded by Stephen Marsh.
Vote: Motion passed (summary:Yes=4, No=0,Abstain = 2, Absent = 1).
Yes: George Roniger, Ira Block,John Ortiz, Stephen Marsh.
Abstain: Edmund Papazian, Elizabeth Cooney, Ralph Engel.
Absent: Ellen Dunkin
NEW BUSINESS
Motion:To enter into executive session at 9:02P.M.,to discuss pending litigation.
Action:Approved
Moved by Ira Block,Seconded by Elizabeth Cooney.
Vote: Motion carried by unanimous roll call vote (summary:Yes=7).
Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block,John Ortiz, Stephen Marsh, Ralph
Engel
No action was taken.
ADJOURNMENT
Motion:To adjourn the meeting at 9:20P.M.
Action:Approved
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Moved by George Roniger,Seconded by Ira Block.
Vote: Motion carried by unanimous roll call vote (summary:Yes=7).
Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block,John Ortiz, Ralph M. Engel, Stephen
Marsh.
Absent: Ellen Dunkin
Minutes prepared by
Francine M. Brill
Planning Board Secretary
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