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HomeMy WebLinkAbout2013_07_10 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF APPEALS OF THE TOWN OF MAMARONECK JULY 10, 2013 HELD IN CONFERENCE ROOM C, OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK Roll Call. Present: John Ortiz, Chairman, Edmund Papazian, Ellen Dunkin, Virginia Picciotto, Stephen Marsh, George Roniger, Ira Block Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel, Elizabeth Paul, Environmental Consultant, Jaine Elkind Eney, Liaison, Elizabeth Cooney, Alternate, James Naterilli, Consulting Engineer. Absent/Excused: Kevin G. Ryan, Counsel, Anthony Oliveri P.E., Consulting Engineer, Abby Katz, Town Board Liaison. CALL TO ORDER The meeting was called to order at 8:00P.M. Mr. Ortiz welcomed Ms. Cooney as the new alternate member. MINUTES Motion: To approve the minutes of June 12, 2013, with technical corrections Action: Approved Moved by Virginia Picciotto, Seconded by Ellen Dunkin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh, Virginia Picciotto. APPLICATION NO. 1 CASE NO. 307 50 Country Road Adjourned APPLICATION NO. 2 CASE NO. 308 529 Weaver Street Adjourned Larry Nardeccia addressed the Board, stating that the necessary county signoffs have been obtained. The application was referred to the Coastal Zone Management Commission "CZMC.". 1 The Application must be renoticed for public hearing on the final plat. APPLICATION NO. 5 75 Howell Avenue Mr. Herbst the applicant addressed the Board and stated that he has obtained a finding of consistency from the CZMC. Mr. Ortiz stated the July 3rd"CZMC" letter is to be part of the record. The draft resolution was discussed. Ms. Hochman stated the Board can impose reasonably related conditions. Maintenance and certification of the storm water system was discussed. Mr. Naterarlli stated every system is unique, certification can start annually, and either lessen or lengthen certification requirements per necessity. Mr. Pilch stated that this is a closed system. Mr. Ortiz stated certification could be yearly or as determined by the Board. There will be a maintenance bond on the property and Ms. Paul will inspect the system when the project is completed and again one year after completion, no money will be refunded unless the system is functioning as intended. Mr. Marsh stated that yearly inspection would be excessive for a closed system. Wording of the resolution was discussed. Hours of construction and staging were discussed. Public Comments Tim Oberg 1214 Palmer Ave, asked about elevations and the chairman responded that was regarding the neighbors at 67 Howell Avenue which was reviewed at the Zoning Board of Appeals meeting. The driveway was discussed. Mr. Gould stated that it will be either grass-crete or pervious asphalt. Motion: To close the public hearing 2 Action: Approved Moved by Edmund Papazian, 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, Chairman, Stephen Marsh, Virginia Picciotto. Motion: To approve the resolution as amended Action: Approved Moved by Ira Block, Seconded by George Roniger. Vote: Motion passed (summary: Yes = 6, No = 1). Yes: Edmund Papazian, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Chairman, Stephen Marsh. No: Virginia Picciotto. Final Subdivision Approval 75 Howell Avenue WHEREAS, Robert Herbst (the "Applicant") filed an application for a subdivision of a single lot into two separate lots (the "Proposed Action") at the Subject Property (hereinafter defined); and WHEREAS, the subject property is located at 75 Howell Avenue (Block 405 Lot 78) (the "Subject Property"); and WHEREAS, the Proposed Action contemplates that the existing home would remain and one new single-family home would be constructed on the newly-created lot; and WHEREAS, a public hearing on the preliminary layout was conducted by the Planning Board on 8/8/2012, 12/12/2012, 1/9/2013, 2/12/2013 and 3/13/2013 at the Town Center on West Boston Post Road, Mamaroneck, New York, after due notice; and WHEREAS, Section 190-7 (Decision on preliminary layout) of the Code of the Town of Mamaroneck(the "Code") provides that the Planning Board will communicate its comments on the preliminary layout in writing to the subdivider; and WHEREAS, the Town Consulting Engineer, Anthony Oliveri P.E., prepared a memo to the Planning Board dated May 13, 2013 (the "Town Consulting Engineer's Letter") which stated that "construction plans as submitted have addressed previous comments and are satisfactory"; and 3 WHEREAS, the Planning Board voted to deliver the Town Engineer's Letter to the Applicant as "comments" pursuant to Section 190-7 of the Code; and WHEREAS, Section 190-8(A) of the Code (Submission offinal layout; certificate of approval) provides that before the Planning Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval without qualification of the Westchester County Department of Health, Westchester Joint Water Works No. 1 or any other agency having jurisdiction in the premises (the "Necessary Certifications"); and WHEREAS, the Applicant has obtained the Necessary Certifications; and WHEREAS, the Proposed Action is a Type II action pursuant to SEQRA and MEQR Section 92-8(22)(a); and WHEREAS, a public hearing on the application for Final Subdivision approval was conducted by the Planning Board on June 12 and July 10, 2013 at the Town Center on West Boston Post Road, Mamaroneck, New York, after due notice; and WHEREAS, the Coastal Zone Management Commission of the Town of Mamaroneck ("CZMC") initially reviewed the Proposed Action at meetings held on February 25, March 18, 2013; and WHEREAS, CZMC issued letters dated March 11 and April 5, 2013 expressing concern related to flooding and stormwater runoff and issued a finding of inconsistency with Policy 14 of the Local Waterfront Revitalization program ("LWRP"); and WHEREAS, Policy 14 of the LWRP states: "Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations." WHEREAS, at the public hearing on June 12, 2013, the Planning Board requested that CZMC re-consider the finding of inconsistency in light of recent information related to area drainage issues; and WHEREAS, the Town Administrator affirmed in a memo dated June 19, 2013 to CZMC (the "June 19 Memo"), that the Town has mandated the installation of an underground detention gallery at the bottom of the driveway at the Subject Property, which system will travel below Weaver Street and discharge to Ferndale; and WHEREAS, the June 19 Memo also stated that the Town has a willingness to repair a"mid- block" drainage problem on Howell Avenue caused by a defective drain pipe running from Palmer Avenue to Howell Avenue; and 4 WHEREAS, the June 19 Memo stated that the Town's engineer has prepared an estimate and concept plan to repair the pipe running from Palmer Avenue to Howell Avenue; and WHEREAS, the June 19 Memo clarified and addressed additional concerns related to drainage expressed by CZMC with respect to proposed development to a neighboring home and the direction of stormwater flow in the area; and WHEREAS, CZMC held a meeting to reconsider the Proposed Action on June 24, 2013 (the "June 24 Meeting"), reviewed the information presented in the June 19 Memo and discussed the matter with the Town Administrator, who was present at such meeting to address any questions; and WHEREAS, At the June 24 Meeting, CZMC issued its revised finding that the Proposed Action is consistent with the LWRP, noting, however that CZMC maintains an earlier expressed position that basements should not be permitted if a sump pump is required to keep them free of water; and WHEREAS, the CZMC's decision from the June 24 Meeting is expressed in a letter to the Planning Board Chair dated July 3, 2013. NOW, THEREFORE, BASED UPON THE FOREGOING, BE IT RESOLVED by the duly convened Planning Board of the Town of Mamaroneck that subdivision approval is hereby GRANTED to the Applicant, in accordance with the following plans and specifications: SP-1 Stormwater Management, Utilities and Landscape Plan prepared by Evans Associates Environmental Consulting, Incorporated and last revised on revised 1/22/2013 SP-2 Erosion and Sediment control Plan prepared by Evans Associates Environmental Consulting, Incorporated and last revised 1/22/2013 DE-1 Construction Details prepared by Evans Associates Environmental Consulting, Incorporated and last revised 1/22/2013 DE-2 Construction Details prepared by Evans Associates Environmental Consulting, Incorporated and last revised 1/22/2013 I. General Requirements And Conditions. A. All pavements, including portions of driveways within any rights-of-way shall be constructed according to Town specifications. B. All work within the right-of-way including all subsurface infrastructure work shall be improved in accordance with Town standards and specifications and offered for dedication to the Town. 5 II. Special Requirements and Conditions. A. Water Retention and Drainage. 1. The applicant must comply with the Town Surface Water, Erosion and Sediment Control Law so that the rate of runoff from the property is not increased after construction. 2. Prior to commencement of construction, the Director of Building and the Town Consulting Engineer shall approve the plans and shop drawings for the proposed stormwater detention system and all drainage improvements. 3. The Applicant shall be obligated to maintain and/or repair in good working order the drainage infrastructure on the Subject Property. B. Utilities. 1. The utility plans shall be coordinated with the landscaping plans to avoid interference with placement and subsequent growth of plantings and the conduct of repair and maintenance activities. C. Erosion and Sedimentation Control During Construction. 1. Erosion and sedimentation control shall be in accordance with the Town Surface Water, Erosion and Sediment Control Law. 2. Erosion and sediment control plans shall be approved by the Town Consulting Engineer prior to commencement of construction. A sediment and erosion control plan shall be submitted which shall include a construction timetable and inspection schedule. D. Rock Removal. 1. All rock removal required in conjunction with construction of the roadway, utilities, and residences shall be by means approved prior to the commencement of any rock removal by the Director of Buildings. E. Trees. 1. The Applicant, for itself and its successors and assigns, will accept and follow the requirements of the Tree Preservation Code of the Town of Mamaroneck, Mamaroneck Town Code, Chapter 207 (the "Tree Preservation Code"). F. Required Documents and Inspections. 6 1. The Applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Town Consulting Engineer. 2. The Applicant shall submit to the Town one Mylar reproducible set showing the "as built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residences to be constructed in this subdivision. G. Performance and Maintenance Bonds. 3. The Applicant shall post with the Town a performance bond, in form acceptable to the Town Attorney, in an amount equal to 100% of the cost of all required infrastructure, including but not limited to, roads, curbs, utilities, street lighting and stormwater infrastructure. Such performance bond shall be renewed annually until such time as the Director of Building determines that construction pursuant to the approved plans is complete. 4. The Applicant shall comply with all of the provisions Chapter 95 of the Code of the Town of Mamaroneck. H. Hours of Construction. 1. Construction (other than rock removal, which shall be conducted during hours provided by the Town Code) shall take place during the following hours only: Monday through Friday from 8 a.m. to 6 p.m.; Saturday from 8:30 a.m. to 6:00 p.m. APPLICATION NO. 6 CASE NO. 301 16 York Road Trevor Spearman, the applicant's architect, addressed the Board. The applicant is proposing a 2 car garage which meets the zoning setbacks but is completely within the setbacks of the 100 foot buffer zone. The planned garage is basement level, with a family room above all over the existing asphalt driveway. Drainage will be improved to more successfully handle stormwater. There will be an overall reduction of impervious surface by 300 sq. feet. Ms. Paul stated there is an open violation on the property from May of 2012. The homeowner was clearing the wetland buffer and continued clearing the neighboring property. Ms. Paul further stated that the property has not been restored. Vegetation was cleared and a cobble stone walkway installed in the buffer. The applicant was informed that it was not his property and it was a wetlands buffer. 7 Mr. Spearman stated his client told him the matter is closed. The entire house is in the buffer. Mr. Ortiz stated his concern regarding the open violation. Dry wells were discussed and Ms. Paul stated that it is a flood zone and buffer. Mr. Spearman responded that it is not a flood zone. Mr. Naterilli stated deep test pits would be required. Mr. Ortiz questioned whether it is the jurisdiction of the Planning Board to require the violation be fixed. Mr. Block stated that restoration of the area should be a requirement to getting a permit, and there should be a condition to protect against future incursions. Mr. Ortiz suggested the applicant fix the violation and get their ducks in order, as the Board is not happy with the application as it stands. Building department cannot issue a permit if there is an open violation. Ms. Paul stated that they plan to issue a summons. Ms. Hochman stated there is nothing in the Code to prevent the Planning Board from considering the application. Ms. Hochman stated that restoration of the buffer requires a permit and permission from the neighbor whose land Mr. Fairweather encroached upon to repair the disturbed wetlands. The first thing the applicant must do is get a permit for restoration with the neighbor's authorization. The application will be referred to the "CZMC" The matter was adjourned to the August meeting as a consideration. New Business The Board discussed the proposed ethics code changes in Mr. Makers Memo dated 7/8/2013. Ms. Elkind-Eney stated that the Town Board may set a public hearing on the matter at the 7/24/2013 meeting. Ms. Hochman stated there is no request for the Planning Board opinion. 8 Board members can respond to the Town Board individually. Mr. Block voiced his concern about the time frame and possible deadlines for the 1 Durham road application. Ms. Hochman, stated the clock has not started yet but will investigate further. ADJOURNMENT Motion: To adjourn the meeting at 9:51 P.M. Action: Approved Moved by Ellen Dunkin, Seconded by Virginia Picciotto. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Edmund Papazian, Ellen Dunkin, John Ortiz, Marc Rosenbaum, Chairman, Stephen Marsh, Virginia Picciotto. Minutes prepared by Francine M. Brill Planning Board Secretary 9