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HomeMy WebLinkAbout2014_11_12 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 12, 2014 HELD IN CONFERENCE ROOM C, 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK Roll Call. Present: John Ortiz, Edmund Papazian, Ellen Dunkin, George Roniger, Stephen Marsh, Ira Block, Elizabeth Cooney Also Present: Lisa Hochman, Counsel, Elizabeth Paul, Environmental Consultant, James Naterilli, Consulting Engineer Absent/Excused: Ralph M. Engel, alternate, Ronald Carpaneto, Building Inspector, Kevin G. Ryan, Counsel, Anthony Oliveri P.E., Consulting Engineer, Jaine Elkind-Eney, Town Board Liaison. MINUTES The minutes of October 8 were discussed. Motion: To approve the Minutes of October 8, 2014 with technical corrections. Action: Approved Moved by Elizabeth Cooney, Seconded by Ira Block. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block, John Ortiz, Stephen Marsh. Abstain: Ellen Dunkin. 2. 28 Colonial Avenue Wrobel Consideration Adjourned 3. 176 Myrtle Blvd. Shkreli Consideration Donald Mazin, the applicant's attorney addressed the Board stating they obtained permission from the Village of Mamaroneck to use the harbor for staging of the modular units, he further stated that there has been work done on Myrtle that caused the closing of the Blvd for 5 days, which did not cause a problem. Mr. Mazin further stated Mr. Coughlin will allow parking in his lot and the Town Clerk has parking spaces available. Ron Stansfield the builder explained the route the modular units will take from the harbor, where staging will be in front of the building where a crane will pick up the units and place them on the building. He further stated that it should take 3 days to place all units. The width of the units was questioned Mr. Stansfield stated they are 15 feet 9inches. 1 Egress and access to the parking deck and fire truck access was discussed. Mr. Stansfield responded that only the west side of Myrtle Blvd. will be closed the east will be opened most of the time. Mr. Roniger asked if the Planning Board can change the parking requirement, Ms. Hochman responded they can only reduce the required spaces by 15%, they are required to have 12 spaces therefore must have 10 dedicated spaces. Mr. Ortiz stated he wants a written commitment for the spaces to be dedicated to the apartments in perpetuity as well as a plan for the Board to review. Mr. Mazin stated the applicant can apply to the Zoning Board of Appeals to reduce the parking requirements, and will also get a written commitment from the Village regarding staging. Ms. Hochman that the applicant check Section 177 of the Town Code, there is a lot of information still required for the Board to consider. Parking requirements were discussed. Mr. Ortiz stated that the Board must have a concrete plan to consider, and adjourned the matter to December 10, 2014. 4. 446 Weaver Street Neptune Properties, LLC Public Hearing Benedict Salinitro the applicant's engineer and the applicant were present to respond to the Boards inquiries. Mr. Salinitro stated this is a continuation of the Public Hearing and further stated they have presented to the Coastal Zone Management Committee and obtained a Letter of Consistency. Mr. Ortiz stated Mr. Oliveri's memo of 11/11/2014 and the Coastal Zone Management Commission letter of 10/7/2014 be entered into the record. The Board discussed the application and draft resolution. There were no public questions or comments. Motion: To close the public hearing Action: Approved Moved by George Roniger, Seconded by Ellen Dunkin. Motion: To approve the Wetlands and Watercourses permit Action: Approved Moved by George Roniger, Seconded by Elizabeth Cooney. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). 2 Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block, John Ortiz, Stephen Marsh. Abstain: Ellen Dunkin. On motion of George Roniger seconded by Elizabeth Cooney the application of Neptune Properties, LLC (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 6 to 0 with one abstention. 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 replace the existing house and garage and develop a new single family house within the buffer of the Sheldrake River (the "Proposed Action"); and WHEREAS, the subject property is located at 446 Weaver Street and known on the Tax Assessment map of the Town of Mamaroneck as Block 21, Lot 159 (the "Property"); and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6NYCRR§ 617 et seq. and, accordingly, no further action under SEQRA is required; and WHEREAS, the Coastal Zone Management Commission ("CZMC") considered the Proposed Action at its meeting on September 22, 2014 and issued a letter dated October 7, 2014 (the "CZMC Letter"), stating that it reviewed the Application and found the Proposed Action to be consistent with the policies in the Local Waterfront Revitalization Program ("LWRP), namely because there will be a net reduction of stormwater runoff from the Property; and WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114-7(C) on October 8 and November 12, 2014; 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: • "Proposed Residence, 446 Weaver Street, Larchmont NY" prepared by DeAngelis Architectural Services, LLC, Sheets A-1 —A-9, last revised October 17, 2014; and • "Proposed Wetlands Permit Application and Erosion Control Plan for the New 1 Family residence at 446 Weaver Street, Larchmont NY" prepared by Benedict Salinitro, P.E. dated August 26, 2014, last revised October 16, 2014. 3 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 there will be no adverse environmental impact because the Proposed Action will improve water quality and provide for the attenuation of the 25- year storm by reducing (slightly) impervious coverage on the Property as compared to existing conditions. Further, there is no wetland vegetation on the Property and the river banks are hardened. b. the alternatives to the Proposed Action; and The Planning Board finds that consideration of alternatives is not necessary in this case because the Application has no discernable negative impacts. 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 improve wetland functions because there are hardened river banks and no natural wetlands vegetation remaining. In addition, erosion control measures will be in place during construction and infiltrators will provide post-construction treatment of stormwater. 3. the availability of preferable alternative locations for the Proposed Action on the subject parcel; The Planning Board finds there is no other reasonable location for the Proposed Action because the Proposed Action is site specific. 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 such as on-site drainage detention and temporary safeguards during construction to prevent erosion of sediment into surrounding water bodies. 5. the possibility of avoiding reduction of the wetland's or watercourse's natural capacity to support desirable biological life, prevent flooding, control 4 sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; and The Planning Board finds the Proposed Action will not negatively impact the function of the wetland or the buffer because no wetland vegetation will be removed, impervious surfaces will be slightly decreased and there will be an on-site drainage system. 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 there will be no environmental degradation resulting from the Proposed Action, nor any interference with the exercise of other property rights, nor the impairment or endangerment of public health, safety or welfare. 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 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: • "Proposed Residence, 446 Weaver Street, Larchmont NY" prepared by DeAngelis Architectural Services, LLC, Sheets A-1 —A-9, last revised October 17, 2014; and • "Proposed Wetlands Permit Application and Erosion Control Plan for the New 1 Family residence at 446 Weaver Street, Larchmont NY" prepared by Benedict Salinitro, P.E. dated August 26, 2014, last revised October 16, 2014. 5 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. Prior to the construction period, appropriate measures shall be undertaken to control erosion and minimize water turbidity during construction. 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 site plan 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 should be returned to the Planning Board. 4. Applicant will arrange pre-construction meeting with the Town 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 Engineer for approval prior to commencing site work. The Applicant shall notify the Town 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. 6 12. The development must comply with Chapter 110 of the Town Code to the satisfaction of the Town Building Department. Vote: In Favor: Cooney, Block, Marsh, Ortiz, Papazian and Roniger Against: None Abstain: Ellen Dunkin This decision shall be filed with the Town Clerk. 5. 33 Marbourne Drive Kimmey/Hartman Consideration Benedict Salinitro, the applicant's engineer stated there was a site visit; the proposed building was staked out. The general concern is the existing slope; the proposal does not disturb the embankment. They will meet with the Coastal Zone Management Commission November 19th, and request the public hearing be opened for the December meeting. The application was discussed, 3 trees will be removed but there is a lot of landscaping proposed. The perspective owners and the architect were available to answer the Boards questions. Ms. Logan the architect stated that they have made a concerted effort to address all parties concerns. Mr. Salinitro stated that the plan is to canter lever over the slope and work with the terrain. Mr. Davis the perspective owner stated he has tried to address all of the Coastal Zones concerns. Mr. Ortiz adjourned the matter to December 10, 2014. 6. 5 Sheldrake Avenue Beth Feldman Public Hearing Donald Z. Schweter, the applicant's architect, addressed the Board. Mr. Ortiz voiced his concerns regarding the Coastal Zone Managements letter dated November 5, 2014. Mr. Schweter responded to the CZMC letter in a letter dated November 11, 2014 which was entered into the record and marked Exhibit 1. He further stated that the cultecs cannot be placed anywhere else on the property Mr. Lotto's, plan was discussed. Regarding the proposed there is no problem making it a crawl space with only the house sewer trap. 7 The Coastal Zone's suggestion to use flexi pave instead of gravel was discussed, Mr. Schweter stated that it would be cost prohibitive, and anyone would need a permit to pave the driveway in the future. The Board discussed consistency and gravel vs, flexi-pave. Ms. Cooney stated that the Coastal Zone recommends the Planning Board can make a condition attached to the Resolution. The Board discussed the application. Ms. Paul stated flexi pave is recommended not mandatory. Mr. Schweter asked that the public hearing be opened. Mr. Ortiz confirmed that the mailing was done. Motion: To open the public hearing Action: Approved Moved by Edmund Papazian, Seconded by Ellen Dunkin. The Board discussed the application; Mr. Ortiz stated that they are waiting for Mr. Oliveri's response to Mr. Schwetzer's last submittal. Mr. Oliveri's memo of October 8, 2014 was entered into the record. The need for a Zoning variance was discussed; Mr. Schweter explained the second floor is over existing nonconforming. The Matter was adjourned to December 10, 2014 and a draft resolution was requested. 7. 227 Griffen Avenue Adam Glucksman Public Notice Daris Chafizadeh, the applicant's attorney addressed the Board. Mr. Ortiz confirmed all notifications were done. Motion: To open the public hearing Action: Approved Moved by John Ortiz, Seconded by George Roniger. Mr. Chafizadeh stated this application is the final stage of Winged Foot Golf Clubs work on the 14th fairway that the Board approved last month. The easement agreement has been signed by Mr. Glucksman Mr. Ortiz asked if anything has changed to which Mr. Chafizadeh responded no 8 There were no Board questions or comments. There were no public questions or comments. Ms. Paul read the Negative Declaration into the record. Motion: To approve the Negative Declaration Action: Approved Moved by Ira Block, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Edmund Papazian, Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Stephen Marsh. The Board discussed the draft resolution. Motion: To close the public hearing Action: Approved Moved by Ellen Dunkin, Seconded by Ira Block. Motion: To approve the Wetlands and Watercourses application 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, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Stephen Marsh. As Secretary of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held November 12, 2014 On motion of Ira Block seconded by Elizabeth Cooney the application of the Glucksmans (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 7 to 0. 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 subject property is located at 227 Griffen Avenue and known on the Tax Assessment map of the Town of Mamaroneck as Parcel Number 3-47-1.1 (the "Property"); and 9 WHEREAS, the Applicant has applied for a permit under the Wetlands Law for drainage work on the Property to be coordinated with its adjacent neighbor, Winged Foot Golf Club (the "Proposed Action"); and WHEREAS, due to its location contiguous to a designated "Critical Environmental Area" as defined under the 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 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 Full Environmental Assessment Form, 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 Committee ("CZMC") considered the Proposed Action at its meeting on July 28, 2014 and issued a letter dated August 11, 2014 (the "CZMC Letter"), stating that it reviewed the Application and found the Proposed Action to be consistent with the policies in the Local Waterfront Revitalization Program ("LWRP); and WHEREAS, the Environmental Coordinator represented that CZMC reviewed and discussed the Proposed Action and determined potential downstream impacts to be negligible; and WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114-7(C) on November 12, 2014; 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: "Drainage Improvements for 227 Griffen Avenue", prepared by Kellard Sessions Consulting, P.C. (the "Applicant's Engineer") dated January 24, 2014, revised August 14, 2014 Cover Sheet Sheet 1/3 Existing Conditions Plan Sheet 2/3 Drainage Improvement Plan Sheet 3/3 Details and Notes 10 WHEREAS, the Applicant's Engineer represented and the Town's Consulting Engineer concurred that the Proposed Action would not increase water volume and that any change in the rate of water discharge would be negligible; and WHEREAS, on September 10, 2014 the Board approved a permit under the Wetlands Law to the Applicant's adjacent property owner, Winged Foot Golf Club, for (i) installation of a secondary stormwater culvert to provide emergency overflow to the existing watercourse and (ii) reconstruction of the existing putting green and adjacent sand bunkers; and 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 provide only positive environmental impacts to the stream and down-gradient wetlands because the proposed emergency overflow conveyance system will enhance the stream's ability to adequately convey storm water during extreme storm events or in the event of a temporary failure of the existing conveyance, which will benefit the Applicant as well as adjacent properties. b. the alternatives to the Proposed Action; and The Planning Board finds that consideration of alternatives is not necessary in this case because the Application has no discernable negative impacts. 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 improve wetland functions because it will provide capacity for emergency overflow for excess storm water during extreme storm events or in the event of a temporary failure of the existing conveyance. 5. the availability of preferable alternative locations for the Proposed Action on the subject parcel; The Planning Board finds there is no other reasonable location for the Proposed Action because the emergency overflow conveyance system is proposed immediately adjacent to the existing piping system, which will minimize disturbances to other areas of the property and allow the Applicant to utilize the same inlet/discharge points of the stream. 11 6. 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. 7. 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 providing capacity for emergency overflow for excess storm water during extreme storm events or in the event of a temporary failure of the existing conveyance, that 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. 8. 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 property and nearby golf course . NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non-significance (the "Negative Declaration") dated November 12, 2014, 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 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 12 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: "Drainage Improvements for 227 Griffen Avenue", prepared by Kellard Sessions Consulting, P.C. and August 14, 2014, revised January 24, 2014. 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: 13. Prior to the construction period, appropriate measures shall be undertaken to control erosion and minimize water turbidity during construction. 14. All site work shall be in accordance with the latest revised plans submitted, as herein referenced: 15. 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 site plan 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 should be returned to the Planning Board. 16. Applicant will arrange pre-construction meeting with the Town Engineer and the Town Director of Building prior to any site disturbance 17. 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 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 18. Applicant shall furnish an "as built" survey when site work is completed. 19. 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. 20. 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). 13 21. The permit shall expire two years from the date it is issued. 22. The permit shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permit. 23. Violation of any of the conditions imposed herein may result in revocation of this permit. Vote: In Favor: Cooney, Block, Marsh, Dunkin, Ortiz, Papazian, Roniger Against: None Absent: This decision shall be filed with the Town Clerk. NEW BUSINESS ADJOURNMENT Motion: To adjourn the meeting at 9:35 P.M. Action: Approved Moved by Edmund Papazian, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Edmund Papazian, Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Stephen Marsh. Minutes prepared by Francine M. Brill Planning Board Secretary 14