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HomeMy WebLinkAbout2014_12_10 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK DECEMBER 10, 2014, HELD IN CONFERENCE ROOM C, OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK 1. MINUTES 2. 28 Colonial Avenue Wrobel Consideration Adjourned Required Approval(s) _Subdivision Approval Town Code Chapter 190 Location: 28 Colonial Avenue District: R-6 Project Description two lot subdivision 3. 176 Myrtle Blvd 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 one story 4. 33 Marbourne Drive Kimmey/ Hartman Public Hearing Required Approval(s) _Wetlands and Watercourses Town Code Chapter 114 Location: 33 Marbourne Drive District: R-6 Project Description New single family residence 5. 5 Sheldrake Avenue Beth Feldman Public Hearing Required Approval(s) Wetlands and Watercourses Town Code Chapter 114 Location: 5 Sheldrake Avenue District: R-6 Project Description Renovations to single family residence Roll Call. Present: John Ortiz, Ellen Dunkin, George Roniger, Stephen Marsh, Ira Block, Elizabeth Cooney, 1 Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel, Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant, Jaine Elkind- Eney, Town Board Liaison. Absent/Excused: Edmund Papazian, Ralph M. Engel, alternate, Kevin G. Ryan, Counsel. CALL TO ORDER The meeting was called to order at 8:01 P.M. MINUTES The minutes of November 12, 2014 were discussed. Motion: To approve the minutes of November 12, 2014 with technical corrections Action: Approved Moved by Elizabeth Cooney, seconded by Ellen Dunkin Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Stephen Marsh. APPLICATION NO. 2. 28 Colonial Avenue Wrobel Consideration Adjourned Adjourned at the applicant's request to January 14, 2015. APPLICATION NO. 3. 178 Myrtle Blvd Shkreli Consideration Adjourned Adjourned at the applicant's request to January 14, 2015. APPLICATION NO. 4 33 Marbourne Drive Kimmey/Hartman Public Hearing Benny Salinitro, the applicant's engineer, addressed the Board, asking that the Public hearing be opened. Sara Logan, the applicant's architect from Lab haus, was also present to answer the Board members' questions. Mr. Salinitro stated that 33 Marbourne is the last vacant parcel in the original subdivision and that the applicant has appeared before the Coastal Zone Management Commission 2 (CZMC) and received a finding of consistency. A CZMC letter dated December 8, 2014 was entered into the record and Marked Exhibit 1. Mr. Ortiz stated that a number of issues need to be addressed. The easements on the property were discussed and Mr. Salinitro stated that there will be no construction on either easement. Ms. Paul stated that the language in the Town easement states that there can only be grass in the location of the easement, Mr. Salinitro agreed. Sara Logan stated that the trees being removed from the site for the construction of the building are being replaced on other areas of the lot. Mr. Salinitro stated that although it seems to be an empty easement, the owner will abide by the restrictive language in the easement. Landscaping was discussed. Motion: To open the public hearing Action: Approved Moved by Ellen Dunkin, Seconded by Stephen Marsh. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Ralph M. Engel, alternate, Stephen Marsh. Mr. Block asked what will happen if the Mamaroneck River overflows, will the caterlever piers be undermined. Mr. Salinitro answered that there is a 13 foot grade difference from the conveyance channel, and the piers and beams should be drilled below the stream elevation (20 feet deep) and have a redundancy. Mr. Ortiz asked if the building would compromise the wetlands and Mr. Oliveri responded that if the piles are deep enough, there should be no danger. The completion bond was discussed. Mr. Carpaneto and Mr. Oliveri will set the amount of the bond. Public comments were sought and none were made. Mr. Salinitro stated that they will be ready next month with all requested documentation and requested a draft resolution be prepared. The matter was adjourned to January 14, 2015. APPLICATION NO. 5 5 Sheldrake Avenue Beth Feldman Public Hearing 3 The public hearing is continued. Donald Z. Schweter, the applicant's architect, addressed the Board. Mr. Ortiz entered into the record letters from Mr. Schweter's and Mr. Oliveri's dated December 8th and December 9th, respectively. The cost of pervious pavers was discussed. Mr. Schweter stated that flexi-pave is cost prohibitive. Mr. Ortiz asked the applicant how they would ensure that the driveway remain gravel. Mr. Schweter stated that there could be a restriction on the property. The Board discussed a restrictive covenant. The property undersized and is entirely within the wetland buffer and would have to return to Planning Board and Zoning Board any changes. Mr. Ortiz stated that this property is unique for many reasons. The Board discussed the restrictive covenant. Motion: To close the public hearing Action: Approved Moved by Ellen Dunkin, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Ralph M. Engel, alternate, Stephen Marsh. Motion: To approve the draft resolution as written Action: Motion failed. Moved by Elizabeth Cooney, Seconded by Stephen Marsh. Vote: Yes = 3, No = 2, Abstain= 1 Yes: Elizabeth Cooney, Ellen Dunkin, Stephen Marsh. No: John Ortiz, George Roniger Abstain: Ira Block, Absent: Edmund Papazian, Ralph M. Engel, alternate. Motion: To rescind the closing of the public hearing nun pro tunic, 4 Action: Approved Moved by Ira Block, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Stephen Marsh. Mr. Ortiz stated the public hearing continues, as the draft resolution did not pass. Mr. Schweter stated that they will impose a restrictive covenant. Ms. Hochman suggested that no building permit be issued until there is proof of recording such covenant. But Mr. Carpaneto suggested instead that the issuance of the Certificate of Occupancy, not the building permit, be conditioned on the recording of the restrictive covenant.. The Board agreed with Mr. Carpaneto's suggestion. Ms. Hochman was directed to revise the resolution accordingly and prepare a form of restrictive covenant. Motion: To close the public hearing Action: Approved Moved by Ira Block, Seconded by Elizabeth Cooney. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Stephen Marsh. Motion: To approve the proposed resolution, as revised Action: Approved Moved by Ira Block, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Stephen Marsh. CERTIFICATION WETLANDS AND WATERCOURSES PERMIT 5 Sheldrake Avenue As Secretary of the Planning Board of the Town of Mamaroneck, I hereby certf that the following is the Resolution adopted by the 5 Planning Board at the meeting held December 10, 2014 On motion of Ira Block seconded by George Roniger the application of Beth Feldman (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 0 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 expand an existing single family home on an undersized lot that is entirely within the buffer of the Sheldrake River (the "Proposed Action"); and WHEREAS, the subject property is located at 5 Sheldrake and known on the Tax Assessment map of the Town of Mamaroneck as Block 221, Lot 28 (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, the Coastal Zone Management Commission ("CZMC") considered the Proposed Action at its meeting on October 27, 2014 and issued a letter November 5, 2014 (the "CZMC Letter"), stating as follows: Although the footprint of the home is being increased, the proposed plan shows a net decrease in the total amount of impervious surface area on the property because the asphalt driveway will be replaced with gravel. Three CULTEC chambers are proposed in the rear yard to provide for some detention and treatment of storm water runoff from the property. The CULTEC chambers would seem to be of little value if placed as proposed. WHEREAS, the CZMC Letter further stated: Therefore the CZMC proposed that the approval be conditioned on the following suggested changes: CZMC recommends that the basement of the addition be removed due to its location in a flood zone. In addition, it is recommended that the driveway be flexi-paved instead of gravel because of the possibility that a future property owner may convert the driveway back to asphalt again. This possibility seems less likely if a porous pavement surface is used. Because of the 6 reduction of storm water runofffrom the site, the applicant's willingness to change the driveway surface and the provision for water quality treatment, CZMC found the proposed action to be consistent with the policies in the Local Waterfront Revitalization Plan. WHEREAS, the Applicant stated that it would be cost prohibitive to use flexi-pave instead of gravel for the driveway and therefore the Applicants intends to utilize a gravel driveway; and WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114-7(C) on November 12 and December 8, 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: • Plans entitled: "Sheldrake Residence, 5 Sheldrake Avenue, Larchmont NY" prepared by Z-S Design, last revised August 25, 2014; [s j • Plan entitled: "Alterations for Feldman Residence, 5 Sheldrake Avenue, Larchmont NY " prepared by James Lotto, L.A., dated September 20, 2014; [sEP • Survey prepared by Alphonse Pesce, Jr., L.S. dated May 12, 2014 • Correspondence from Donald Zachary Schweter, R.A., dated 12-8-14; WHEREAS, the Town's Consulting Engineer issued a memo dated December 9, 2014 which states, inter alia, that (i) plans need to be revised to show a crawlspace with a floor evelavation at or above adjacent grade with venting as required under §110 of the Town Code; (ii) certification from the design architect per §110-12, C, 4 of the Town Code must be included on the plan for the Flood Plain Development Permit and (iii) Corrections to drawing sheet L-1 must be made as per the correspondence from the design architect. [sEP 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: 7 a. any potential environmental impact of the Proposed Action; The Planning Board finds that although the footprint of the home is being increased, there will be a net decrease in the total amount of impervious surface area by removing the existing asphalt driveway. The Proposed Action will utilize three CULTEC chambers to provide attenuation for the impervious cover on the Property. In addition, there are no natural riverbanks or wetland plants on the Property that would be disturbed by the Proposed Action. b. the alternatives to the Proposed Action; and The Planning Board finds that due to the area restrictions of the parcel, there are no alternatives to the Proposed Action. 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 is no significant impact to the wetland functions because the Property has no wetland vegetation and there are no natural riverbanks to preserve on the Property. 3. the availability of preferable alternative locations for the Proposed Action on the subject parcel; The Planning Board finds that because the Property is undersized, there are no alternate locations to meet the objectives of the Applicant. 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that the recommendation proposed by CZMC to use porous pavement for the driveway would be cost prohibitive and therefore infeasible. However, the Planning Board is hereby imposing a condition that the driveway remain porous through use of gravel or porous pavement or pavers. 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 there will be no impact to the function of the wetland or watercourse because no wetland vegetation is being impacted and erosion control measures will be in place during construction. 8 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 degradation of the Sheldrake River or its buffer and that there will be improvement of water quality because of the net reduction of impervious surface and water quality treatment through the use of three CULTEC chambers on the Property. Therefore, there will be no 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: • Plans entitled: "Sheldrake Residence, 5 Sheldrake Avenue, Larchmont NY" prepared by Z-S Design, last revised • Plan entitled: "Alterations for Feldman Residence, 5 Sheldrake Avenue, Larchmont NY " prepared by James Lotto, L.A., last revised Survey prepared by Alphonse Pesce, Jr., L.S., dated May 12, 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: 9 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's Consulting 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'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. 10 13. No building permit shall issue until plans referenced above have been revised in accordance with the memo dated December 9, 2014 issued by the Town Consulting Engineer. 14. The driveway will remain unpaved or paved with pervious or permeable material as set forth in a Declaration of Covenants and Restrictions, a form of which is attached hereto as Exhibit A. 15. The Applicant shall execute a Declaration of Covenants and Restrictions, a form of which is attached hereto as Exhibit A, which shall be recorded in the office of the Westchester County Clerk, which declaration shall run with the land, binding the present owners and all successors and giving notice to all future owners of the conditions and restrictions contained therein. 16. The certificate of occupancy will not issue until after the Applicant submits to the Director of Building proof that the aforementioned declaration has been recorded in the office of the Westchester County Clerk. 17. The declaration recorded by the Applicant must be substantially similar to the form attached here as Exhibit A. Vote: In Favor: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Stephen Marsh. Against: None Abstain: None This decision shall be filed with the Town Clerk. 11 Exhibit A DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this day of , by residing at ("Declarant"). WHEREAS, the Declarant is the owner of the real property which is known by the postal address of 5 Sheldrake Avenue, Larchmont, NY 10538 and as Block 221, Lot 28 on the tax assessment map of the Town of Mamaroneck and which is more particularly described on Schedule "A" hereto ("Parcel"), and WHEREAS, the Planning Board of the Town of Mamaroneck has resolved to issue to the Declarant a Wetlands and Watercourses Permit which will allow the Declarant to perform certain construction within the buffer area of the Sheldrake River ("Permit"). NOW, THEREFORE, in consideration of the issuance of the Permit, Declarant does hereby declare to be bound to the following: 1. The Declarant covenants that the driveway on the Parcel shall be constructed (or reconstructed) using permeable materials such as gravel, porous pavement or pavers and that any replacement, expansion, repair or modification to the driveway shall likewise be done using permeable materials. 2. If the Declarant violates the terms of this Declaration, and the Declarant does not remedy that violation after the Town gives her ten (10) business days' notice thereof, the Town shall have the right but not the obligation to enter upon the Parcel to remedy the violation. The Declarant shall reimburse the Town for all of the "soft" and "hard" costs of remedying the violation, including the pro-rated portion of the salaries (including overtime) of Town employees who perform or supervise all or some of the work. If not paid, the Town shall have the right to add that cost to the real estate tax imposed by the Town on the Parcel. In addition, the Declarant shall reimburse the Town for any costs the Town incurs in attempting to collect the cost of remedying the violation (e.g. attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Town shall have the right to add such collection costs to the real estate tax imposed by the Town on the Parcel. 3. The failure by the Town of Mamaroneck to enforce any provision of this agreement shall not be deemed a waiver of the right to do so thereafter if a similar violation of this declaration occurs thereafter. 4. The covenants set forth herein shall run with the land and be binding upon the Declarant's grantees, successors, assigns, distributees, legatees and personal representatives and inure to the benefit of the Town of Mamaroneck, its successors and assigns. 12 5. (a) This declaration shall be recorded in the office of the Westchester County Clerk against the affected parcel of land. The recording information shall be contained in any deed conveying any interest in the Parcel. (b) The Town of Mamaroneck may record the cross-reference number and title of the declaration in the permit application and on each temporary and permanent certificate of occupancy hereafter issued to buildings located on the affected parcel; however the failure to make such recordings shall not affect the enforceability of this declaration. IN WITNESS WHEREOF, Declarant has made and executed the foregoing restrictive declaration as of the date hereinabove written. Name ADJOURNMENT Motion: To adjourn the meeting at 9:14 P.M. Action: Approved Moved by Ellen Dunkin, Seconded by Elizabeth Cooney. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Stephen Marsh. Minutes prepared by Francine M. Brill Planning Board Secretary 13