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HomeMy WebLinkAbout2013_06_12 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JUNE 12, 2013 IN CONFERENCE ROOM C,TOWN CENTER 740 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, Elizabeth Paul, Environmental Consultant,Abby Katz,Town Board Liaison,James Nateralli. Absent/Excused: Kevin G. Ryan, Counsel,Anthony Oliveri P.E., Consulting Engineer. CALL TO ORDER The meeting was called to order at 8:04P.M. MINUTES Motion: To approve the Minutes of May 1, 2013, as amended Action:Approved Moved by Ira Block, 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, Stephen Marsh, Virginia Picciotto. Motion:To approve the minutes of May 20, 2013 Special meeting Action:Approved Moved by Ira Block, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh, Virginia Picciotto. The applications were taken out of order. APPLICATION NO. 1 CASE NO.307 50 COUNTRY ROAD Adjourned 1 APPLICATION NO. 2 CASE NO.308 529 WEAVER STREET PUBLIC HEARING Mike Charitou,the applicant, addressed the Board. Motion:To open the public hearing Action:Approved Moved by:Virginia, Picciotto, seconded by Stephen Marsh Mr. Oliveri's comments were delivered to the Board. [WHEN—THIS MEETING OR LAST MONTH?] Mr. Oliveri stated that the applicant is ready to go to Department of Health. Ms. Hochman stated the public hearing on the preliminary layout can be close and the applicant will have to re-notice for the public hearing on the final plat. There were no questions or comments from the public. Motion: To close the public hearing Action:Approved Moved by Ira Block, 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, Stephen Marsh, Virginia Picciotto. Motion: To send Mr. Oliveri's letter applicant to be forwarded to the Department of health. Action:Approved Moved by Ellen Dunkin, Seconded by Ira Block. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh, Virginia Picciotto. APPLICATION NO. 3 CASE NO.309 WINGED FOOT GOLF COURSE public hearing Seth Mandelbaum,the applicant's attorney, addressed the Board. He briefly reviewed the proposed plan stating they are consolidating the existing staff housing to one new building. He also explained that they were before the Zoning Board of Appeals on May 22, and a variance was granted to increase the number of rooms from 24 to 30. 2 Mr. Cermele,the applicant's engineer, stated they reached out to Mr. Oliveri and stated he had no issues with the plan. The Board discussed the draft resolution prepared by counsel. There were no public questions or comments. Motion: To approve the proposed draft resolution as amended 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, Stephen Marsh, Virginia Picciotto. Motion:To close the public hearing nunc pro tunc Action:Approved Moved by Ira Block, 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, Stephen Marsh, Virginia Picciotto. On motion of Ellen Dunkin seconded by Steve Marsh the application of Winged Foot Golf 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 7-0. WHEREAS,the Applicant submitted an application to amend their site plan approval (the "Application") to construct employee housing and a caddy maintenance building located at 851 Fenimore Road and known on the Tax Assessment map of the Town of Mamaroneck as Parcel Number 3-47-1.1 (the "Property"); and WHEREAS,the Property is located in the Recreation District; and WHEREAS, the Application proposes to replace two existing employee housing buildings with one new building and to reconstruct the caddie/maintenance building and modify the parking area access road, and make improvements to related stormwater drainage systems, lighting and landscaping (the Proposed Action); and 3 WHEREAS,the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on March 18, 2013 and issued a letter dated April 5, 2013 which stated that CZMC found the Proposed Action to be consistent with the policies of the Local Waterfront Revitalization Program because of the reduction in stormwater quantity and improvement in stormwater quality that is expected to be achieved by this project; and WHEREAS, the Town's consulting engineer reviewed the Application as well as a Stormwater Management Plan and Stormwater Pollution Prevention Plan (the "SWPPP") Report, both of which were prepared March 2013; and WHEREAS, the Applicant appeared before the Board of Architectural Review ("BAR") on March 18 and April 15, 2015; and WHEREAS, on April 15, 2013 the BAR voted to approve the application as presented; and and WHEREAS, after publication of notice, this Board has held public hearings for the application on March 13, 2013, May 20, 2013 and June 12, 2013;and WHEREAS,the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives;the memos, letters, reports and comments of the Town's consulting engineer and CZMC; and has heard interested members of the public; and WHEREAS,the Board finds that the Application will not create significant adverse visual impacts because the proposed improvements are essentially positioned as replacement structures to those already existing, and will be visible beyond the boundaries of the Property to the extent of the present existing structures; and WHEREAS,the Board finds that the Application will not generate adverse post-construction traffic impacts because the proposed improvements are wholly within the boundaries of the Property and are not expected to increase traffic entering or leaving the Property; and WHEREAS,the Board finds that, other than for a limited time during construction,the proposed changes will not produce any increase in traffic, discernable smoke,gas, odors, heat,vibrations or noise compared to the existing condition and that no increase in water or sewage disposal will be associated with the Application; and WHEREAS,the Application provided all information required by Chapter 177 of the Code of the Town of Mamaroneck(the "Town Code"); and WHEREAS,the Board finds that the Application conforms to the standards established by Sec. 177-5 of the Town Code; 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 4 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 at special meeting of the Planning Board on May 20, 2013, that the Application did not have the potential to result in significant adverse environmental impacts; and WHEREAS,A copy of the determination of non-significance ("Negative Declaration") dated May 20, 2013 is on file with the Building Department; and WHEREAS, on May 22, 2013,the Town Zoning Board of Appeals approved an area variance to allow for an increase in the number of employee housing units. NOW,THEREFORE, BE IT RESOLVED,that the Planning Board APPROVES the Application for an amendment to the site plan which proposes improvements to the existing pool complex and the short game practice area located on the southern portion of the Property as reflected in the submitted in connection with the Application: Winged Foot Golf Course Staff Housing/Caddy Area/Storage Sheet C1.0, C1.1,A1.0,A1.1,A1.2,A1.4, A2.0,A2.1,A2.2 last revised 4/8/2013 Winged Foot Golf Club Parking Lot and Staff Housing sheet 1/12, 2/12, 3/12, 4/12, 6/12, 7/12, last revised April 5, 2013 BE IT FURTHER RESOLVED that the Board APPROVES the Application 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 a 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. 5 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 will comply with all applicable regulations with respect to the application of herbicides, pesticides and fertilizers. 8. Applicant shall maintain all plantings as required under the approved Site Plan. 9. Prior to the issuance of any Town permits, Applicant shall furnish to the Town an erosion and sediment control bond in an amount to be established by the Director of Building to be held for a period of one year from the date of the issuance of a letter of completion by the Director of Building. 10. A final SWPPP and Notice of Intent must be submitted to the Town for review and issuance of the required MS4 acceptance letter to NYSDEC prior to the start of work. 11. Prior to the issuance of a building permit,the Applicant must submit for review by the Town's consulting engineer a complete set of construction drawings, including the final SWPPP. 12. Applicant will obtain and comply with conditions and requirements of NYSDEC SPDES general permit(GP 0-10-001)for stormwater discharges from construction activity. Vote: In Favor: John Ortiz, Chairman, Virginia Picciotto, Ellen Dunkin, Edmund Papazian, Ira Block, George Roniger, Stephan Marsh Against: None Recused: None This decision shall be filed with the Town Clerk. APPLICATION NO. 5 CASE NO.300 75 Howell Avenue Public Hearing Robert Herbst,the applicant, addressed the Board and stated that the Health Department signed off on the plat. Mr. Herbst stated he is asking for final subdivision approval. Motion: To open the public hearing on the final subdivision plat Action:Approved Moved by Virginia Picciotto, Seconded by Ira Block. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh, Virginia Picciotto. 6 Mr. Ortiz addressed the March Coastal Zone Management Commission letter. Ms. Hochman explained the possible findings the Planning Board can reach in regard to the CZMC letters of March and April's finding of inconsistency. Mr. Plich stated that project will not impact water.and he further stated that he reviewed the storm water conditions on the property and the entire block, prepared a report based upon that information, preformed test pits, and addressed all of Mr. Oliveri's comments. The objective of the plan is to lessen runoff to the mid-block drainage system, and Mr. Pilch concluded that the plan is beneficial with a positive impact. Mr. Block asked what evidence the CZMC had considered and Mr. Plich responded that it was then same as the Planning Board received. Mr. Gould,the applicant's architect, stated that the Town Board was getting prices to repair the mid- block drainage pipe. The neighbor's Zoning Board variance request was discussed and Elizabeth Paul reported that the variance was approved and construction has begun,the tennis court is being removed. Mr. Ortiz stated his concern regarding the length of the driveway and the connection creating a drive thru from Palmer to Howell. The driveway on Old Weaver Street was discussed. Public questions and comments: Mr. Oberg of 1214 Palmer Avenue Stated that Old Weaver Street is the only way the Weiss' can get to their driveway, as there is no entrance from Palmer to his property. The grass-crete driveway from Howell was discussed and Mr. Ortiz stated his concern regarding maintenance. Gail Heiler of 1 Meadow Place stated the Fire Department requires access on Old Weaver. Michele Lewis stated that there are 12 driveways in the neighborhood just as long as the applicant's proposed driveway. David Hoffner of 72 Howell asked if an easement could be granted to use the existing driveway. Mr. Herbst responded it is impractical as there is only one lane on the existing driveway. Mr. Plich stated the driveway does not have to be grass-crete, it could be any other pervious material. Old Weaver Street was discussed. Mr. Gould stated that the applicant might entertain giving up Old Weaver St. access, as upgrading and paving it would only add to the water problem. 7 Mr. Ortiz asked if the Board would like further clarification from the CZMC or is the Board prepared to set aside their findings. The CZMC letter was discussed. Mr. Herbst stated that this application will be year old June 27th. Mr. Ortiz responded that the Planning Board takes the CZMC findings into account. The Board discussed whether to put aside the CZMC findings or ask the CZMC to clarify with a more definitive explanation. Ms. Hochman read Section234-5 Determination of Inconsistency into the record. It was decided that the Board would ask the CZMC to clarify. A draft resolution was requested. The matter was adjourned to July 10th APPLICATION NO.4 CASE NO.296 1Durham Road Public Hearing Mr. Ortiz recused himself, he stated that although he believed he could be fair and impartial, his wife wrote a check to hire consultants to oppose the application. Ms. Picciotto the Vice Chair, acted as Chair for this application. Mr. Gioffre, of Cuddy and Feder, the applicant's attorney, addressed the Board. He stated that the public hearing was opened and 6 hearings were held and that the plat has been signed by the Health Department. Mr. Gioffre asked the Board to take action on the proposed draft resolution, as the professional that the neighbors have hired is a delaying action. Ms. Hochman stated that there are a number of open issues in the draft resolution and the Board is not necessarily ready to vote. Ms. Picciotto stated she is comfortable hearing the neighbor's professionals Richard Clifford,the neighbor's attorney, entered a letter dated June 11, 2013 into the record marked Exhibit 3. Elliot Senor,the neighbor's consulting engineer,gave copies of his report dated June 12, 2013 marked Exhibit 4. Mr. Senor gave a brief description of the main problems to be solved with the original plans. Mr. Carpaneto discussed the construction of the road and rock removal for each proposed building lot. Ms. Hochman asked Mr. Senor to submit all his comments in writing. Mr. Senor suggested that there should be a meeting between himself, Mr. Oliveri and Mr. Lachenauer to discuss the plan. 8 Dead lines for submittals were discussed. Mr. Elliot of 14 York Road stated that something can be wrong the science may be imperfect. Mr. Arnold of 3 York Road voiced his concerns that the project is about to be approved and the amount of time Mr. Oliveri has given to it. Ms. Picciotto stated that this is not the first application the Board has reviewed, and the applicant can build one home at a time. Mr. Corbett of 20 York state that the area has an extreme flooding issue and asked what is the Town's responsibility, The matter was adjourned to July 10, 2013 Planning Board response to Town Board Zoning Change Proposal. The Board discussed the draft Advisory Opinion prepared by counsel. Ms. Katz stated the Town Board may want more flexibility regarding parking requirements. Mr. Ortiz stated the Planning Board may want some discretion regarding parking. The Board discussed the zoning change and parking requirements, stating that Myrtle and Madison and Boston Post must be viewed seperately. The proximity to mass transit at Myrtle and Madison was discussed Parking issues were discussed along with they type of discretion that should be afforded to the Planning Board. Motion:To approve the proposed draft advisory opinion,as amended. Action:Approved Moved by Ira Block, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh, Virginia Picciotto. Ms. Hochman will circulate the final draft to planning board members to ensure that comments were accurately incorporated into the advisory opinion. 9 OTHER BUSINESS Ms. Katz stated the Town Board has appointed an alternate member to the Planning Board. Ms. Katz also reported that the Town Board will discuss adding flexibility to the signage law, and Planning Board members also expressed that they would like the mailing radius to be expanded. It was suggested that different zoning districts should have different mailing requirements. Ms. Paul stated there is a new tax map portal on the web site. Motion: To adjourn the meeting at 10:52P.M. Action:Adjourned Moved by Edmund Papazian, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary:Yes=7). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block,John Ortiz, Stephen Marsh, Virginia Picciotto. Minutes prepared by Francine M. Brill Planning Board Secretary 10