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HomeMy WebLinkAbout2013_05_01 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 1, 2013 IN CONFERENCE ROOM C, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Roll Call. Present: John Ortiz, Chairman, Edmund Papazian, Ellen Dunkin, Virginia Picciotto, 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. CALL TO ORDER The meeting was called to order at 8:02 P.M. Mr. Ortiz, the chairman, stated that the Town Board has appointed Ms. Picciotto as Vice chair. MINUTES The Minutes of April 10, 2013 were discussed and technical corrections made Motion: To approve the minutes of April 10, 2013 Action: Approved Moved by Ellen Dunkin, Seconded by Stephen Marsh. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). Yes: Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh, Virginia Picciotto. Abstain: Edmund Papazian. Mr. Ortiz stated that Application No. 2 is adjourned. APPLICATION NO. 1 CASE NO. 293 Bonnie Briar Country Club Public Hearing - Continued Mr. Ortiz recused himself. Ms. Picciotto chaired. 1 James Stadudt of McCullough, Goldberger and Staudt, the applicant's attorney addressed the board and introduced Ben Salinitro, the applicant's engineer, who described the project for the new member. Mr. Salinitro stated that he consulted with Dr. Mason formerly a Planning Board member and currently a Coastal Zone Management Commission ("CZMC") member. Dr. Mason addressed the Board, stating that the CZMZ is concerned that there be no reduction of the flow downstream. A pump cut off level was discussed at which if the stream dropped below a certain point the pumps would stop and not restart until the stream came back up to a level above the pump level. If the flow is not adequate, pumping must stop. Tests were done pumping 14,000-16,000 gallons per hour on a day the stream was at its lowest and it was noticed that the water level of the stream dropped. Mr. Salinitro stated that a permanent benchmark will be established and be visible both in the field and on the documents. Mr. Oliveri stated the maximum gallons per day of 250,000 should be noted on the plan so it can be monitored. Mr. Salinitro stated the benchmark is visual and a mechanical device will be installed to stop the pumps if the water levels fall below the decided point. Ms. Hochman added a condition to the draft resolution stating: "As reflected on the Site Plan, the Applicant shall maintain a surveyed benchmark or monument identifying the elevation of the Sheldrake River below which no pumping operations may take place." Mr. Oliveri stated the site plan references a+or- elevation; with an exact point has to be set in the field. Ms. Hochman stated that the there are certain findings the Board has to make to justify the approval. It may be worthwhile to have the findings read into the record. Ms. Piccotto read the Wetlands and Watercourse findings, as stated in the draft resolution, into the record. The Board discussed the findings. PUBLIC COMMENTS Ms. Geer, 871 Fenimore Road, expressed concern regarding safe guarding wild life in the water. Paul Jaehnig, the Club's Wetlands and soils consultant, explained design of the passive pump system. Mr. Staudt asked for the public hearing to be closed. 2 Ms. Hochman explained additional conditions and revisions added to the draft resolution. The Board discussed whether they are prepared to vote on the application and if they have enough information. Ms. Paul gave a brief overview of the determination of significance for purposes of environmental review. . Ken Schmelkin, of 6 Country Club Drive, questioned whether any environmental impact study has been done on impact of river water on the neighboring houses as his property is sprayed by the Clubs irrigation system. Mr. Salinitro stated the irrigation system is the same as potable water system in use and that the River water is safe for irrigation. The Club doesn't want to over spray and if there is a problem with the current system it will be addressed. Mr. Oliveri stated the water is appropriate for irrigation. Ms. Picciotto stated over spraying to adjacent properties should be addressed and added as a condition to the resolution. Ms. Paul stated the use of the river water may be better from a conservation standpoint than the use of chlorinated water. Motion: to approve the Negative Declaration Action: Approved Moved by Ellen Dunkin, seconded by Stephen Marsh Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Chairman, Stephen Marsh, Virginia Picciotto. The Negative Declaration will be filed. Motion: To close the public hearing Action: Approved Moved by Stephen Marsh, Seconded by George Roniger. Action: Approved 3 Moved by Ellen Dunkin, Seconded by Stephen Marsh. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Chairman, Stephen Marsh, Virginia Picciotto. Motion: To approve the Wet Lands and Watercourse Resolution subject to technical corrections discussed tonight. Action: Approved Moved by George Roniger, Seconded by Stephen Marsh. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Chairman, Stephen Marsh, Virginia Picciotto. Abstain: Ira Block. WETLANDS AND WATERCOURSES PERMIT Bonnie Briar Country Club 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 May 1, 2013 On motion of George Roniger seconded by Stephen Marsh, the application of Bonnie Briar Country Club (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 two abstentions. 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") for the Bonnie Briar Country Club, located at 808 Weaver Street, Town of Mamaroneck, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225, Lot 1.1 (the "Subject Property"); and WHEREAS, the Applicant proposes the installation and operation of an infiltration gallery along the bank of the Sheldrake River for the purposes of capturing river water from time 4 to time as a supplement to the irrigation water supply of the Applicant (the "Proposed Action"); and WHEREAS, in connection with the Proposed Action, the Applicant has also applied for a site plan amendment pursuant to the Town of Mamaroneck Code, Chapter 177; and WHEREAS, due to its location in a designated "Critical Environmental Area" as defined under the Chapter 92 of the Town Code, the Board determined that this is a Type 1 Action under SEQRA and MEQR; and WHEREAS, the Planning Board reviewed Part 1 of the Full Environmental Assessment Form submitted by the Applicant in support of the application, sought and received comments from all interested agencies and based upon such information, completed Part 2 of the Full Environmental Assessment Form, and determined, as hereinafter resolved, that the Application did not have the potential to result in significant adverse environmental impacts; and WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114-7(C) on April 10 and May 1, 2013; and WHEREAS, the Coastal Zone Management Committee ("CZMC") considered the Proposed Action at its meeting on February 25, 2013 and issued a letter dated March 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"), allowing the Country Club the benefit of using river water to supplement their irrigation system without detriment to the river or surrounding wetlands; and WHEREAS, the CZMC Letter stated that the Proposed Action allows the Applicant "the benefit of using river water to supplement their irrigation system without detriment to the river or surrounding wetlands" and further stated that the Applicant "has demonstrated that there will be no adverse impacts to the Critical Environmental Area, including fish, wildlife or their habitats"; and WHEREAS, the CZMC Letter stated that the Applicant "volunteered to keep a maintenance log for the operation of the withdrawal system, documenting that the float switch has been inspected, calibrated and is functioning as it should be" and further requested that copies of the log book be provided to the Town on an annual basis; 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: WHEREAS, in accordance with Wetlands Law §114-7(D), the Board has considered the following: 5 1. all available reports concerning the Proposed Action from other commissions, including the CZMC, and Town, County, State and/or Federal agencies; The CZMC Letter found the proposal to be consistent with the LWRP. Robert Doscher, Principal Environmental Planner at the Westchester County Planning Department, stated in an email dated March 15, 2013 to the Town's Environmental Planner that the Proposed Action will not directly impact the Sheldrake River bank stabilization and riparian buffer restoration project completed under contract through the County of Westchester in 2006. The Applicant submitted an email dated April 5, 2013 from Anthony Conetta at Westchester Joint Water Works ("WJWW') which stated, inter alia: "Whenever possible, WJWW encourages alternate water sources such as storm water detention/retention, rain gardens,ponds, etc. to lessen the demand on the existing supply systems from NYCDEP. " 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 not be detrimental to wetland functions because the proposed work will incur no disturbance to or loss of wetland resources and the Applicant has proposed mitigation measures for the purposes of protecting the Sheldrake River and buffer area both during construction and after completion of the project. Furthermore, the Planning Board finds that the proposed plantings adjacent to the river and the infiltration gallery and the stonework associated with the infiltration gallery are designed to improve bank stability and improve vegetative covers for this portion of the river. b. the alternatives to the Proposed Action; and The Planning Board finds that the Proposed Action provides the Applicant with an irrigation option that promotes water conservation without degrading the river or surrounding wetlands. Furthermore, the Applicant has accommodated Planning Board concerns regarding an earlier submitted proposal to be located at an alternative location,further to the east of the current Proposed Action. The Planning Board finds that the current location for the Proposed Action—nearer to Weaver Street—offers the best option for bank stabilization and protection of the vegetative buffer. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in Wetlands Law §114-1; 6 The Planning Board finds that the wetland functions and benefits will be preserved because river flows will be maintained and its course will not be altered. In addition, the design of proposed plantings adjacent to the river and infiltration gallery and stone work is likely to improve bank stability along this section of the river and improve vegetative covers in lands bordering this section of the river. Furthermore, during construction, the Applicant will be required to comply with the provisions of Chapter 95 of the Code, Erosion and Sediment Control. 3. the availability of preferable alternative locations for the Proposed Action on the subject parcel; The Planning Board finds that the current location minimizes impacts to the Sheldrake River and buffer to the greatest extent practicable. 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that the Applicant has been responsive to its concerns by designing a system which preserves the flow path and rate of the river and volunteering to keep a maintenance log for the operation of the withdrawal system, documenting that the float switch has been inspected, calibrated and is functioning as it should be"and also agreed to provide copies of the log book to the Town on an annual basis. 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 the Proposed Action will not obstruct the flow path of the Sheldrake River and therefore will not alter the functional ability to discharge drainage down through the watershed. In addition, because there will be no elimination of any area of the watercourse, waterfowl and other types of wildlife can continue to utilize this section of the river. Furthermore, the Planning Board finds that the aesthetic function of the river will not be diminished. The Planning Board also finds that the Proposed Action will not negatively impact the function of the existing irrigation pond, which serves as a storage basin for water used on the golf course. 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 the Proposed Action will benefit the community by reducing its consumption of treated potable water by instead using river water for irrigation purposes. 7 Furthermore, The Town's consulting engineer found the Proposed Action to be in compliance with all Town requirements. . Therefore, the Planning Board finds that the Applicant has demonstrated that the Proposed Action has been designed to mitigate any potential negative impacts to wetlands and watercourses as well as downstream residents. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non-significance (the "Negative Declaration") dated May 1, 2013, a copy of which will be kept on file with the Building Department. BE IT FURTHER 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: • Site Plan/Erosion Control Plan, Water Supply Improvements, Bonnie Briar Country Club, Prepared by Ralph Mastromonoaco, P.E., P.C., Dated July 18, 2011 and last revised on November 13, 2012 (the "Site Plan") • Physical Features Map and Proposed Planting Mitigation Plan, Depicting Trees, Rock Outcropping, Landscape, Wetlands and Watercourses & Proposed Disturbances and Planting Mitigation, Water Supply Improvements, Bonnie Briar Country Club, Prepared by Paul J. Jaehnig, Wetlands and Soils Consulting, Dated February 14, 2013 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: 8 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 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 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. Applicant shall keep a maintenance log for the operation of the withdrawal system, which log shall document that the proposed float switch has been inspected, calibrated and is functioning as designed. Copies of such log book shall be provided to the Town Department of Building on an annual basis. 9 12. As reflected on the Site Plan, the Applicant shall maintain a surveyed benchmark or monument identifying the elevation of the Sheldrake River below which no pumping operations may take place. 13. Applicant shall agree to periodic inspections by representatives of the Town to ensure that the withdrawal system is working as designed. 14. Violation of any of the conditions imposed herein may result in revocation of this permit. 15. Applicant shall secure any permit required by Westchester County Department of Environmental Facilities prior to commencement of any work on the Subject Property. 16. Applicant shall adjust the sprinkler system to avoid overspray onto adjacent properties. Vote: In Favor: Edmud Papazian, Ellen Dunkin, George Roniger, John Ortiz, Chairman, Stephen Marsh, Virginia Picciotto. Against: None Abstained: Ira Block This decision shall be filed with the Town Clerk. Motion: To approve the Site Plan Resolution with the technical conditions discussed tonight Action: Approved Moved by Ellen Dunkin, Seconded by Edmund Papazian. Yes: Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Chairman, Stephen Marsh, Virginia Picciotto. Abstain: Ira Block. 10 Bonnie Briar Country Club Site Plan Amendment As Secretary to the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board of at the meeting held on May 1, 2013 On motion of Ellen Dunkin seconded by Edmund Papazian, the application of Bonnie Briar Country Club (the "Applicant") for approval of a site plan amendment 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 two abstention. WHEREAS, the Applicant submitted an application for site plan amendment (the "Application) for Bonnie Briar Country Club, located at 808 Weaver Street and known on the Tax Assessment map of the Town of Mamaroneck as Block 225, Lot 1.1 (the "Property"); and WHEREAS, the Property is located in the Recreation District; and WHEREAS, the Application proposes the installation of an infiltration gallery along the bank of the Sheldrake River for the purposes of capturing river water from time to time as a supplement to the irrigation water supply of the Applicant (the "Proposed Action"); and WHEREAS, in connection with the Proposed Action, the Applicant has also applied for a Wetlands and Watercourses Permit pursuant to the Wetlands and Watercourses Protection Law of the Town of Mamaroneck Town of Mamaroneck Code, Chapter 114; and WHEREAS, the Coastal Zone Management Committee ("CZMC") reviewed the Application at its meetings on February 25, 2013 and in a letter dated March 11, 2013 found the Application to be consistent with the Local Waterfront Revitalization Program; and WHEREAS, the Town's consulting engineer reviewed the proposed plans and determined that the Proposed Action complies with the Code of the Town of Mamaroneck; and WHEREAS, referrals were made to the following agencies: Coastal Zone Management Committee, Town of Mamaroneck Fire Department, New York State Department of Transportation, Village of Scarsdale and Westchester County Planning Board; and WHEREAS, the Application provided all information required by Chapter 177 of the Code of the Town of Mamaroneck(the "Town Code"); and 11 WHEREAS, the Board finds that the Application conforms to the standards established by Sec. 177-5 of the Town Code; and WHEREAS, after publication of notice, this Board has held public hearings for the application on April 10 and May 1, 2013; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the reports and comments of the Town's consulting engineer; and has heard interested members of the public; and WHEREAS, due to its location in a designated "Critical Environmental Area" as defined under the Chapter 92 of the Town Code, the Board determined that this is a Type 1 Action under SEQRA and MEQR; and WHEREAS, the Planning Board reviewed Part 1 of the Full Environmental Assessment Form submitted by the Applicant in support of the application, sought and received comments from all interested agencies and based upon such information, completed Part 2 of the Full Environmental Assessment Form, and determined, as hereinafter resolved, that the Application did not have the potential to result in significant adverse environmental impacts; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non-significance (the "Negative Declaration") dated May 1, 2013, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED, that the Planning Board APPROVES the Application for an amendment to the site plan for the Applicant at the Property as reflected in the following plans submitted in connection with the Application: • Site Plan/Erosion Control Plan, Water Supply Improvements, Bonnie Briar Country Club, Prepared by Ralph Mastromonoaco, P.E., P.C., Dated July 18, 2011 and last revised on November 13, 2012 • Physical Features Map and Proposed Planting Mitigation Plan, Depicting Trees, Rock Outcropping, Landscape, Wetlands and Watercourses & Proposed Disturbances and Planting Mitigation, Water Supply Improvements, Bonnie Briar Country Club, Prepared by Paul J. Jaehnig, Wetlands and Soils Consulting, Dated February 14, 2013 12 BE IT FURTHER RESOLVED that this Board APPROVES the application of a Site Plan Amendment subject to the following terms and conditions: 1. All site work shall be in accordance with the latest revised plans submitted, as herein referenced. 2. All applicable county, state and regional permits, shall be obtained prior to the issuance of any Town permits. 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 and should be returned to the Planning Board. 3. Applicant will arrange pre-construction meeting with the Town engineer and the Town Director of Building prior to any site disturbance. 4. 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. 5. Applicant shall furnish an "as built" survey when site work is completed. 6. 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 7. Applicant shall secure any permit required by Westchester County Department of Environmental Facilities prior to commencement of any work on the Subject Property. 8. Applicant shall adjust the sprinkler system to avoid overspray onto adjacent properties. Vote: In Favor: Edmud Papazian, Ellen Dunkin, George Roniger, John Ortiz, Chairman, Stephen Marsh, Virginia Picciotto. Against: None Abstained: Ira Block This decision shall be filed with the Town Clerk. APPLICATION NO. 3 CASE NO. 308 529 Weaver Street Adjourned 13 Mr. Oliveri stated he is satisfied and could issue a memo to the applicant so he could go to the health department. Ms. Hochman stated the Zoning Board cannot act on the application until the Planning Board concludes. Mr. Ortiz adjourned the matter to June 12, 2013 APPLICATION NO. 4 CASE NO. 309 Winged Foot Golf Club Ms. Hochman stated that the applicant was here in hopes to conclude SEQRA. The Zoning Board cannot take any action until SEQRA is completed. The Negative Declaration and EAF were not finished in time and therefore the Planning Board was unable to make make an informed decision regarding determination of significance. The Matter was adjourned to June 12, 2013 APPLICATION NO. 5 CASE NO. 296 Durham Road Public Hearing continued Ira Block stated that he questioned the ownership of the two separate lots and quoted Town Code Chapter 190-3 Mr. Saines stated that he owns both parcels. Ms. Brill stated that she received a deed to the second lot, Marked Exhibit 1. Bill Lachenauer, the applicant's engineer, addressed the Board, stating that last month a Negative Declaration was approved and asked for a draft resolution. He further asked to close the public hearing. Mr. Ortiz asked if all the notices were sent out, Ms. Brill responded yes. Mr. Ortiz stated he wished to discuss the proposed easement. Ms. Hochman explained the easement, which was developed by herself and Mr. Maker, the Town Attorney. The easement was discussed as well as who would be liable for maintenance since there will be no Home Owners Association. 14 Mr. Saines stated that he believed the terms of the easement are reasonable and will consult with his attorney. The Board discussed that obligation for maintenance and access applies equally to all four lots even though it is understood that the bulk of the drainage infrastructure is on lot one. Mr. Ortiz questioned the proposed landscaped buffer that was discussed at the December meeting and asked that it be from Durham Road completely around the perimeter to the rear of Mr. Levere's property. The Board discussed details regarding the buffer area and maintenance.. Ms. Hochman read from the draft resolution proposed language regarding the buffer. Mr. Ortiz stated that the buffer should be 15-foot minimum to insure shielding and buffer to adjoining properties around the perimeter of the subject property. Mr. Ortiz asked about the cultecs system maintenance and Mr. Lachenauer stated that twice- yearly maintenance would be done. H also stated that he discussed maintenance with Mr. Carpaneto, and clarified that it is more of an inspection and maintenance if required by the homeowner or his landscaper with a report to the building department. Mr. Ortiz stated his concern regarding the overflow pipe to York Road and Mr. Lachenauer said that he had previously stated that York Road drainage line cannot handle the 1-year storm. Mr. Saines had acquired an easement from Ms. Franklin and the overflow pipe goes through to the northern side of the road catch basin. Public comments Mr. Levere, 858 Fenimore, asked about planting around his property as well as water flowing from the Saines property to his property. Mr. Lachenauer stated that plantings are proposed only on the rear of the property and that the water is directed to the front basin on Durham Road. Mr. Levere asked what happens if plans do not work. Mr. Lachenauer responded that the property falls under the regulations promulgated by the NYS Department of Environmental Conservation (DEC), which must be followed and if the applicant doesn't adhere to the regulations there are fines. Mr. Lachenauer reminded the Board that every detail is the Storm Water Pollution &Prevention Plan (SWPPP). Mr. Ortiz stated concerns regarding flooding because drainage issues are very bad. He further stated that while he would personally like to see it remain as is, he acknowledged that Mr. Saines has the right to develop the property. 15 Mr. Lachenauer identified all of the studies that have been performed and stated that it was found that the applicant could not add to the York Road or Fenimore drainage systems. He added that based on concerns expressed by community members, they have reduced both the volume and peak rate of runoff, even though they are not required to reduce the volume. The design mechanism is regulated by the DEC. Mr. Ortiz stated that the residents have a fear and concern that this might not work despite everyone's best effort. Mr. Levere asked where the water is being taken. Mr. Levere again asked what will happen if the there is a failure, and the DEC guideline are wrong. Jeff Rogroff, 15 Country Club, asked whether someone will guarantee or insure the plan will work. Mr. Levere, stated he would rather not be in the position of a failure and has a flood across his property. Mr. Lachenauer stated that the design is based on methodology approved by DEC and it was also reviewed and approved by the Town Engineer. Ms. Hochman stated the responsibility of the Planning Board is to review the proposal and make a determination whether to approve or deny and it has to have a rational basis for either decision, and in order to make that decision it is entitled to request information needed to render that decision. This has been going on during the review process. At this point the Planning Board is coming close to determining whether or not it is prepared to approve, whether the conditions discussed are adequate, whether there are additional conditions to safe guard the community, or if there is any additional information the Board needs to determine. She explained that the applicant has submitted an application and design plan for consideration by the Planning Board and the public hearing is so the community can voice its concerns. Mr. Ortiz stated that he has been on the Planning Board for 10-11 years and has yet to see any insurance or permanent bond. Joan Rose, 17 York Road, asked if there will be any changes to the flow of water caused by blasting. Mr. Lachenauer stated the houses have been set into the slope with walk out basements. The new road will require blasting. He also stated that they did not find an underground stream. Mr. Saines, stated that blasting does not affect water. 16 Mr. Joseph, of 862 Fenimore Road questioned the direction of drainage. Mr. Joseph also asked about the 100-year storm and Mr. Lachenauer explained the DEC requirements. Bill Bow, 851 Fenimore, stated that he is right where the water is being pushed toward Fenimore, currently there are no houses which would make the water level worse. Mr. Lachenauer stated that it will not make the problem worse as they have reduced the 100-year storm rate and volume. Mr. Saines stated if any water bypasses the system it will flow in its original natural course. Ty Schoffman, 4 Durham Road, stated that Mother Nature is stronger than us. His biggest concern is a recourse issue, because it is a large scale in size and scope development, in real life things change. Everyone is concerned about what will happen if the system doesn't work. Ms. Hochman stated it would seem it is being suggested that the Board not approve the application because it may not work and she would be concerned that a decision to deny for that reason alone does not have a rational basis. The Board has to substantiate any decision it makes positively or negatively. Ty Shoffman stated that due to the scope of the planned project the unknowns that can occur add a layer of concern. Mr. Ortiz stated that the Planning Board is trying to make sure it will have the least amount of disturbance to the community. Darian Levine 6 Ridgeway, expressed concerned about kids that get on bus on the corner because the area is a traffic nightmare and there is no place to park to let kids off the buses. He asked what safeguards can be put in place to prevent a problem. Mr. Ortiz stated that this issue will be addressed by building department, during staging. Mr. Levine also expressed concern that the ponds will have standing water and grow bugs. Mr. Lachenauer responded that they are not wet ponds, water cycles in 24 hours and the plants are water-loving and also the plants and a locking gate will prevent access. James Marks, 18 York Road, stated he has a NOAA water gage and regularly gets 7inches of rain in a short period of time. He further stated he is concerned with maintenance of the system and how it will be enforced. 17 Mr. Marks further asked who will enforce maintenance, Mr. Ortiz responded that Building Department will receive report on the function twice yearly. The draft easement was again discussed. Ms. Katz, liaison to the Town Board, stated that the Town does not get involved with flooding on private properties. Mr. Oliveri stated that the Town did not want to own ponds on Lot 1 and the assumption is that the owners will maintain. The Town can enforce this pursuant to the Town Code and the easement. Mr. Saines the new houses will bring in revenue to the Town. The Board discussed the wording of the maintenance obligation. Mr. Lachenauer stated that a licensed engineer must submit annual certification reports to the DEC and Town. Mr. Cavero of 5 Larch Lane stated that the applicant has already done a lot of work, and it was not neighborly, as he didn't ask neighbors first. Mr. Ortiz stated that any neighbor has a right to speak and be heard. Ms. Katz stated the sign was posted as required by Town Code. Mr. Poneman, 7 Durham Road, stated a rational basis to refuse the project is the several households that will be inconvenienced stating traffic concerns, eyesore for a number of years, quality of life issues. 50 houses are affected. Drainage should be a show stopper. He asked how will the drainage work during maintenance. Mr. Lachenauer explained the phasing that all drainage and infrastructure will be in place before building and on the unbuilt lots water will continue to run in its natural direction. Responsibility of maintenance was discussed. The easement will be recorded against each property, multiple layers of enforcement. Mr. Saines wants all lots to be responsible. Mr. Arnold of 3 York Road stated that the community has already dealt with a project that did not perform as expected, and stated that the applicant is seeking too much. Ms. Hochman, stated that when someone owns property it comes with rights. Mr. Saines has the right to develop the property subject to zoning and the Board's authority under the Town Code. The Planning Board has to make a rational decision supported by facts and she stated that her job is to ensure that, whatever decision the Board makes is sustainable in a court of law. 18 Mr. Arnold stated it sounds tilted. Mr. Lebow asked if that was taking the views of the neighborhood into account. Mr. Block responded it is not a popularity contest and you can't say a lot of neighbors don't want it therefore vote no. Mr. Corbert, 20 York Road, stated they have a water problem now and asked if the rising water table in Mamaroneck and its impact has been considered. Mr. Ortiz read Ms. Kane (his wife's) letter dated 4/30/2013 into the record and asked that it be attached to the minutes. Sarah Kandler, 867 Fenimore Road, questioned the pipe under Fenimore Road regarding its function and performance as well as its direction of the flow. Mr. Lachenauer stated the pipes do not run at capacity now. Mr. Block asked if it was necessary to cut down the number of mature trees. Mr. Lachenauer responded that the houses are being placed on the lots to leave as many mature trees as possible. Some of the trees being removed are not healthy. Only trees necessary to construct the road and houses are being removed. The wording of the easement and resolution was discussed again. The easement must be correctly reflected on the Plat. Wording of the proposed buffer was also discussed. Mr. Saines stated he wished he could solve the flooding problems but water off property will be less. Motion: To adjourn the public hearing Action: Approved Moved by Edmund Papazian, Seconded by Virginia Picciotto. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Chairman, Stephen Marsh, Virginia Picciotto. ADJOURNED The meeting was adjourned 11:36 P.M. 19 Minutes prepared by Francine M. Brill Planning Board Secretary 20