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HomeMy WebLinkAbout2013_12_11 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF APPEALS OF THE TOWN OF MAMARONECK DECEMBER 11, 2013 HELD IN CONFERENCE ROOM C, OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK AGENDA Application No. 1 Case No.301 16 York Road Public Hearing Required Approvals Wetlands and Water courses Town Code Chapter 114 Location 16 York Road District R-15 Project Description addition of new garage Application No.2 Case No.2 529 Weaver Street Public Hearing Required Approvals Subdivision Approval Town Code Chapter 190 Location 529 Weaver Street District R-15 Project Description 2 lot subdivision Roll Call. Present:John Ortiz, George Roniger, Stephen Marsh, Ira Block Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel,Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant,Abby Katz,Town Board Liaison. Absent/Excused: Edmund Papazian, Ellen Dunkin, Elizabeth Cooney. CALL TO ORDER The meeting was called to order at 8:06 P.M. MINUTES Mr. Ortiz stated that the Minutes of November 6, 2013 would be tabled, as there were not enough board members to vote tonight. Motion:To approve the minutes of November 13, 2013 Action:Approved Moved by Ira Block,Seconded by Stephen Marsh. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). 1 Yes: George Roniger, Ira Block,John Ortiz, Stephen Marsh. APPLICATION NO. 1 CASE NO.301 16 York Road Public Hearing Mr. Fairweather,the applicant, addressed the Board. Mr. Fairweather stated he submitted a letter from his architect electronically November 22nd,The Chairman Incorporated the letter into the record Marked Exhibit 1, and the "Inspection and Maintenance Plan" marked Exhibit 2. Mr. Oliveri stated he has no problem with the positioning of the dry well in the back yard. Mr. Carpaneto stated that the system should be inspected and certified by the property owner that it is functioning properly and a report given to the Building Department annually. If certification doesn't happen a violation could be issued. Mr. Marsh asked if there was an inspection port into the chamber and Mr. Oliveri responded yes, a 6 inch diameter port. The inspection and maintenance plan was discussed. The draft resolution was discussed. Mr. Block voiced his reservations regarding the Edersheims email providing consent to the work and Ms. Hochman stated that according to Elizabeth Paul,the Town attorney Mr. Maker reviewed and accepted it. The Board discussed the findings. Motion: To close the public hearing Action:Approved Moved by George Roniger, Seconded by Stephen Marsh. Ms. Hochman explained that there are only four members present and the applicant would need a unanimous vote in favor to be approved. If the applicant wishes he can adjourn the matter. Mr. Fairweather requested a straw poll. Mr. Fairweather asked for a vote. Motion: To approve the resolution as amended Action:Approved Moved by John Ortiz, Seconded by Stephen Marsh. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). 2 Yes: George Roniger, Ira Block,John Ortiz, Stephen Marsh. WETLANDS AND WATERCOURSES PERMIT 16 York Road—Fairweather Residence 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 on December 11, 2013 On motion of John Ortiz seconded by Stephen Marsh, the application of Michael Fairweather (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 of 4—0 with 0 abstention(s) and 0 recusal(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") in connection with its property located at 16 York Road, Town of Mamaroneck, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 228, Lot 360(the "Subject Property"); and WHEREAS,the Applicant proposes the addition of a new two-car garage with family room above the existing driveway, renovation of existing garage and installation of stormwater treatment system (the "Proposed Action"); and WHEREAS, the Application is a Type II action under the New York State Environmental Quality Review Act;therefore no further environmental review is required; and WHEREAS, on September 11, 2013, Anthony Oliveri of Dolph Rotfeld Engineering, P.C.,the Town's Consulting Engineer, issued a letter to the Planning Board stating that it had reviewed the submitted plans and offered several comments and suggested revisions (the "September 11 Letter"); and WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114- 7(C) on November 13 and December 11, 2013; and WHEREAS,the Coastal Zone Management Committee ("CZMC") considered the Proposed Action at its meeting on October 28, 2013 and issued a letter dated November 11, 2013 (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 CZMC Letter stated: "if it is possible, the infiltrators should be relocated to an area outside the flood zone and closer to the home"; and 3 WHEREAS, the CZMC Letter also recommended that an inspection and maintenance plan be prepared for the proposed stormwater system; and WHEREAS, Regarding whether an alternate location is available for the drywells, Applicant has asserted in a memo by Spearman Architectural Design PC to the Planning Board dated November 18, 2013, that "deep test pits were conducted and adjacent rock has been encountered limiting locations. Also, proximity to the proposed foundation wall limits the location to 10' minimum to the rear of the proposed addition (rock encountered approx. 12'-13' from proposed wall location), not leaving adequate space closer to the foundation wall. Gravity will prevent locations in the front lawn area"; and WHEREAS, Regarding the inspection and maintenance plan recommended in the CZMC letter, the Applicant has provided a proposed plan as an attachment to the Architect's letter; and WHEREAS, Dolph Rotfeld Engineering, P.C., the Town's Consulting Engineer, reviewed the following plans and determined that (i) the Applicant had satisfactorily addressed comments raised in the September 11 Letter and (ii) the Proposed Action complies with the Code of the Town of Mamaroneck: • Plan entitled "Fairweather Residence, 16 York Road Larchmont NY; Zoning Analysis, site Plan and Details" prepared by Spearman Architectural Design PC, dated September 26, 2013; • Plan entitled Fairweather Residence, 16 York Road Larchmont NY; Proposed Floor Plans and Elevations" prepared by Spearman Architectural Design PC, dated September 26, 2013. 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; The Planning Board has reviewed the CZMC letter dated November 11, 2013 as well as a memo to the Planning Board issued by the Town's Consulting Engineer Dolph Rotfeld Engineering, P.C., dated September 11, 2013. 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 the Proposed Action will result in less impervious surface, will provide some water quality improvements and restoration of a planting area immediately adjacent to the watercourse, resulting in improved stormwater management. b. the alternatives to the Proposed Action; and The Planning Board finds that given the Applicant's desire to construct an addition to the house on the property, there are no other practical 4 alternatives because any enlargement would intrude into the required 100-foot wetland buffer. 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 the improved stormwater management resulting from the removal of existing impervious surface, the provision of a stormwater management system and enhanced planting areas will reduce runoff and erosion and provide enhanced habitat for wildlife immediately adjacent to the watercourse. 3. the availability of preferable alternative locations for the Proposed Action on the subject parcel; The Planning Board finds because the Subject Property is located in close proximity to a wetland and is further constrained by the requirement to maintain the 100-foot wetlands buffer, there are no other locations for the Proposed Action that would avoid disturbance of the buffer. 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that the proposed planting plan and net reduction in impervious surface and stormwater management system will mitigate any negative impacts related to the proposed disturbance of the wetland buffer. In addition, the Applicant will be required to adhere to erosion and sediment control requirements during construction pursuant to Chapter 95 of the Town Code. 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 by reducing the amount of impervious surface and enhancing the planting areas near the watercourse, the Proposed Action will preserve and promote and benefits of the Sheldrake River and its wetlands. 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 because the Applicant has proposed to reduce impervious surface and enhance planting areas adjacent to the watercourse, the Proposed Action will not lead to degradation of the wetland or watercourse;nor will it impair or endanger public health,safety or welfare. 5 WHEREAS,fulfillment of the planting plan associated with the Proposed Actions requires consent by the neighbors adjacent to the Subject Property(the "Edersheims"); and WHEREAS, on December 9, 2013, the following email was received by the Town's Environmental Coordinator: Dear Mrs. Paul, Yes, he has our permission. However it is limited to the extent required to execute the plan provided. We ask that if he wishes to access the property subsequently for any reason, he request permission in advance to do so at that time. Thanks for your support in seeing this through. Regards,Steven Gallen Edersheim 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: • Plan entitled "Fairweather Residence, 16 York Road Larchmont NY; Zoning Analysis, site Plan and Details" prepared by Spearman Architectural Design PC, dated September 26, 2013 • Plan entitled Fairweather Residence, 16 York Road Larchmont NY; Proposed Floor Plans and Elevations" prepared by Spearman Architectural Design PC, dated September 26, 2013 • That certain landscape plan prepared by Michael Fairweather and last revised on September 26, 2013 (the "Landscape Plan"), as same may be modified to the satisfaction of the Director of Building in consultation with the Town Environmental Coordinator 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, all measures depicted on the sediment and erosion control plan shall be in place. 6 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, which substantial modification would be required to return 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— in person—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. 12. Applicant shall secure any permit required by Westchester County Department of Environmental Facilities prior to commencement of any work on the Subject Property. 13. Applicant shall be required to obtain any necessary consent to implement the Landscape Plan. 14. Applicant shall provide the Building Department with an annual inspection report certified by the homeowner that based on a visual inspection; the stormwater system is operating properly. 7 15. Applicant shall follow the manufacturer's suggested inspection and maintenance plan attached hereto as Exhibit A and made a part hereof. 16. In accordance with Section 106-54 of the Mamaroneck Town Code, no permits, certificates or completion letters shall be issued for the Subject Property until all existing violations are corrected to the satisfaction of the Town Director of Building, in consultation with the Town Environmental Coordinator. 17. Pursuant to Section 114-7.G of the Town Code, prior to the commencement of work, the Applicant shall post a bond in amount to be set by the Director of Building to secure compliance with the conditions set forth herein and the requirements of Chapter 114 of the Town Code. Vote: In Favor: Ortiz, Marsh, Roniger and Block Against: Recused/Abstained: This decision shall be filed with the Town Clerk. APPLICATION NO. 2 CASE NO.308 529 Weaver Street Public Hearing Michael Charitou,the applicant, addressed the Board. Mr. Ortiz stated that the Zoning Board of Appeals opined on the proposed shared driveway, stating they have no problem with the plan presented. He further stated that he appreciated Mr. Abrahms the neighbor's comments last month. Mr. Oliveri stated that everything is pretty much in order by an engineering stand point. Mr. Ortiz asked counsel to draft a resolution. Mr. Charitou stated that he applied to build one house as a matter of right. Mr. Carpaneto stated there is no problem from the perspective of the Building Department. Ms. Paul stated that the applicant has applied for a tree permit. Mr. Charitou asked to close the public hearing. 8 Mr. Ortiz responded that he would prefer to keep it open the Board concurred. The matter was adjourned to January 8, 2014 NEW BUSINESS Abby Katz stated the Town Board will vote on changes to erosion law at the next meeting. The changes are minor, mostly updating language. She further stated that the Town has been taken off the bad list regarding affordable housing because of the changes to the Zoning Code. ADJOURNED Motion: To adjourn the meeting at 9:10 P.M. Action:Approved Moved by John Ortiz, Seconded by Ira Block. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes: George Roniger, Ira Block,John Ortiz, Stephen Marsh. Minutes prepared by Francine M. Brill Planning Board Secretary 9