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,
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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
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(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
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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,
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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
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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
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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:
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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.
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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:
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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.
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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.
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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.
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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
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