Loading...
HomeMy WebLinkAbout2014_03_12 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MARCH 12, 2014 HELD IN CONFERENCE ROOM C,OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK 1. Minutes 2. 106 Premium Point Ahuja Public Hearing Required Approval(s) Wetlands and Watercourses Town Code _Chapter 114 Location: Premium Point District: R-50 Project Description Proposed swimming pool and greenhouse 3. 87 Rockland Avenue Fineberg consideration Required Approval(s) Wetlands and Watercourses Town Code _Chapter 114 Location: 87 Rockland Avenue District: R-10 Project Description Addition to single family dwelling 4. 2399 Boston Post Road BLD Diner consideration Required Approval(s) Site Plan Approval Town Code _Chapter 177 Location: 2399 Boston Post Road District: SB R-6 Project Description move diner to adjacent lot 5. 851 Fenimore Road Winged Foot Public Hearing Required Approval(s) Wetlands and Watercourses Town Code _Chapter 114 Location: 851 Fenimore Road District: REC Project Description Maintenance of existing drainage channel 6. 851 Fenimore Road Winged Foot Public Hearing Required Approval(s) Site Plan Amendment Town Code _Chapter 177 Location: 851 Fenimore Road District: REC Project Description amendment to Approved site plan 1 Roll Call. Present:John Ortiz, Ellen Dunkin, George Roniger, Stephen Marsh, Ira Block, Elizabeth Cooney, Ralph Engel,Alternate. Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel,Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant,Jaine Elkind-EneyTown Board Liaison, CALL TO ORDER The meeting was called to order at 8:00P.M. The chairman stated that 87 Rockland Ave and 2399 Boston Post Road were adjourned to April 9, 2014. MINUTES Motion: To approve the minutes of February 12, 2014 with technical corrections. Action:Approved Moved by Ira Block, Seconded by Ellen Dunkin. 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. Vu APPLICATION NO. 2 106 PREMIUM POINT AHUJA PUBLIC HEARING Jordon Willkinson,from Daniel S. Natchez Associates, addressed the Board stating that they made adjustments to the plan in order to address Mr. Oliveri's comments. The amount of pervious vs. impervious surface remains unchanged. Anthony Oliveri stated that he requested pre treatment. Ms. Paul stated she is satisfied with the landscape plan as long as the bamboo will be confined to planters. The Board discussed the bamboo and stated that it must be the clumping variety and be in planters. This condition must be shown on the plan and be incorporated in the resolution. The Board discussed the draft resolution. Inspections were discussed. Mr. Ortiz suggested annual reports for the first 3 years then as requested by the Building department. 2 There were no questions or comments from the public. Motion:To close the public hearing Action:Approved Moved by Ellen Dunkin, Seconded by Elizabeth Cooney. Vote: Motion carried by unanimous roll call vote(summary:Yes=7). Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh, Ralph Engel. Motion: To approve the Wetlands and Watercourses resolution with technical corrections. Action:Approved Moved by Ira Block, Seconded by Ralph Engel,Alternate. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh, Ralph Engel. On motion of Ira Block seconded by Ralph Engle, the application of Anilesh and Maria Ahuja (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 unanimously adopted by a vote 7-0. 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") in connection with its property located at 106 Premium Point, Town of Mamaroneck, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509, Lot 86(the "Subject Property"); and WHEREAS, the Applicant proposes to install within the required wetland buffer located on the on the Subject Property a swimming pool and greenhouse along with associated stormwater management and water quality treatment controls. (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 February 11, 2014, 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 "February 11 Letter"); and 3 WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114- 7(C) on February 12, 2014 and March 12, 2014; and WHEREAS,the Coastal Zone Management Committee ("CZMC") considered the Proposed Action at its meeting on January 27, 2014 and issued a letter dated February 3, 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 CZMC Letter stated: "where projects are located next to large waterbodies, and flood control is not of the greatest concern an additional concern should be addressed. In these areas rapid discharge of clean water is equally important. We urge that the applicant be required to provide water quality treatment of stormwater prior to its discharge into the Long Island Sound." and WHEREAS, the CZMC Letter also stated: "While infiltrators are useful for the removal of sediment and inorganic material, as long as the proposal is consistent with the DEC storm manual, overflows and roof leaders should be piped underground to seawalls and outfalls to avoid picking up lawn fertilizers and sediment."And WHEREAS, CZMC also requested that all outdoor lighting installed be low-level, shielded and directed inward from Long Island Sound so as to not cause light pollution or become a nuisance to navigation; and WHEREAS, Dolph Rotfeld Engineering, P.C., the Town's Consulting Engineer, reviewed the following information and determined that (i) the Applicant had satisfactorily addressed comments raised in the February 11 Letter and (ii) the Proposed Action complies with the Code of the Town of Mamaroneck: • Plan entitled "Ahuja Property" prepared by Louis Lemand P.E., dated 11/26/13 and last revised 1/17/14 • Stormwater Calculations, prepared by Louis Lemand P.E., dated 11/26/13 WHEREAS, the Town Consulting Engineer has confirmed that the Applicant has provided acceptable stormwater quality treatment and that roof leaders have been routed underground, as recommended by CZMC; 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; The Planning Board has reviewed the CZMC letter dated February 3, 2014 as well as a memo to the Planning Board issued by the Town's Consulting Engineer Dolph Rotfeld Engineering, P.C., dated February 11, 2014. 2. all relevant facts and circumstances pertaining to the Proposed Action, including but not limited to: 4 a. any potential environmental impact of the Proposed Action; The Planning Board finds that that the Proposed Action will not create any adverse environmental impacts because(i)although there will be work in the wetland buffer, there will be a net reduction of development within such buffer because an existing tennis court will be removed; (ii), the current impervious driveway will be replaced with gravel;(iii) the plans show that three high capacity infiltrator units will be installed to control stromwater runoff;and(iv)the infiltrator units will provide water quality treatment. b. the alternatives to the Proposed Action; and The Planning Board finds that there are no other alternatives to the Proposed Action because the Applicant wishes to install a swimming pool and there are no other areas on the Subject Property that could accommodate this development. The Planning Board notes that by replacing the existing tennis court with the proposed new location for the swimming pool, there will be a net reduction of impervious surface within the 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 wetland functions will be unaffected or improved as a result of the proposed Action as a result of the proposed stormwater controls, water quality treatment and visual screening to shield the property from the adjacent Long Island Sound. 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 net reduction in impervious surface and storm water management and water quality 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 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(i)reducing the amount of impervious surface both within and outside the wetland buffer and(ii)designing a stormwater management and water quality treatment system and(iii)enhancing the planting areas near the watercourse, the Proposed Action will preserve and promote and benefits of the Long Island Sound 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. 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: • Vicinity Map, Drawing Index, Based upon Notes (SD-01), Prepared by Louis F. Lemond P.E. dated 11/26/13 • Existing Conditions Site Plan (SD-2), Prepared by Louis F. Lemond P.E. dated 11/26/13 • Proposed Conditions:Zoning & Regulatory Analysis (SD-03a), Prepared by Louis F. Lemond P.E. dated 11/26/13 and last revised on 2/26/14 6 • Proposed Conditions: Site Plan &Section (SD-03b), Prepared by Louis F. Lemond P.E. dated 11/26/13 and last revised 3/13/14 • Proposed Stormwater Plan (SD-04), Prepared by Louis F. Lemond P.E. dated 11/26/13 and last revised on 2/26/14 • Sediment& Erosion Control Plan (SD-05), Prepared by Louis F. Lemond P.E. dated 11/26/13 and last revised on 1/17/14 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 and during the construction period, all measures depicted on the sediment and erosion control plan shall be in place. 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 to the Town Building Department 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. 7 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. For three (3) years following the date of this approval and thereafter as requested by the Director of Building, 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. 13. 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. 14. All outdoor lighting installed shall be low-level, shielded and directed inward from Long Island Sound so as to not cause light pollution or become a nuisance to navigation Vote: In Favor: 7 Against: 0 Recused/Abstained: 0 This decision shall be filed with the Town Clerk. Vu APPLICATION NO. 5-WINGED FOOT GOLF CLUB WETLANDS AND WATER COURSES Public Hearing Motion:To open the public hearing Action:Approved Moved by Ellen Dunkin, Seconded by Stephen Marsh. Seth Mandelbaum, of McCullough, Goldberger and Staudt, explained that the work will be on the Griffen Avenue side of the property. 8 A letter from the neighbors at 277 Griffen Avenue was entered into the record and marked Exhibit 1. A letter from the Coastal Zone Management Commission ("CZMC") dated March 11, 2014 was entered into the record. The March 3, 2014 letter from Kellard Engineers was entered into the record. The Board discussed the proposal and Mr. Cemele stated that this is to assist the Glucksman's at 277 Griffen Avenue with their flooding problem. Mr. Oliveri stated that he is satisfied with the proposal. Mr. Cemele stated the club maintains the area now. Mr. Mandelbaum stated that the easement between the Glucksman's and the club is being finalized. Mr. Oliveri stated the easement will spell out maintenance. There were no questions or comments from the public. The matter was adjourned to April 9tn APPLICATION NO. 6 WINGED FOOT AMENDMENT to site plan Seth Mandelbaum and Joe Cermele addressed the Board. Mr. Cermele stated that as discussed last month the location of buildings will shift slightly. The March 7, 2014 "CZMC" letter was entered into the record. Motion: the Public hearing was opened Nunc pro tunc Action:Approved Moved by Elizabeth Cooney, Seconded by Ira Block. Mr. Ortiz stated the biggest change is a 12 foot building shift. Mr. Cermele responded that it is was actually only 10 feet and there will be a reduction in impervious surface by 5,000 square feet because there is no longer a proposal to re-grade the parking lot. Mr. Oliveri stated that the SWPPP was updated to reflect the changes. The Board discussed the proposal. Public Comments Paul Callahan, of 6 Dudley Lane stated that the changes proposed will eliminate parking lot lighting which is very good for the neighbors. 9 Mr. Ortiz requested a draft resolution be prepared. The matter was adjourned to April 9, 2014 ADJOURNMENT Motion: To adjourn the meeting at 8:50P.M. Action:Approved Moved by Ellen Dunkin, Seconded by Stephen Marsh. Minutes prepared by Francine M. Brill Planning Board Secretary 10