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).
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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).
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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
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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
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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.
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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.
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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.
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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.
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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
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