HomeMy WebLinkAbout2014_08_13 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
AUGUST 13, 2014, HELD IN CONFERENCE ROOM C,
OF THE TOWN OF MAMARONECK
740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK
Roll Call.
Present: John Ortiz, Ellen Dunkin, George Roniger, Stephen Marsh, Ira Block, Elizabeth
Cooney, Ralph M. Engel, alternate,
Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel, Anthony
Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant.
Absent/Excused: Edmund Papazian, Kevin G. Ryan, Counsel, Jaine Elkind-Eney.
CALL TO ORDER
The meeting was called to order at 8:00 P.M.
MINUTES
Motion: To approve the minutes of July 9, 2014 with technical corrections.
Action: Approved
Moved by Ralph M. Engel, alternate, Seconded by Ellen Dunkin.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6, No = 0, Abstain= 1).
Yes: Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Ralph M. Engel, (alternate) and
Stephen Marsh.
Abstain: Elizabeth Cooney
APPLICATION NO 2. Fineberg— 87 Rockland Avenue -Wetlands Permit
Mr. Fineberg, the applicant, addressed the Board.
Mr. Oliveri stated that there are no outstanding issues.
There were no public questions or comments.
Motion: To close the public hearing
Action: Approved
Moved by Ralph M. Engel, alternate, Seconded by Elizabeth Cooney.
J.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Ralph M. Engel,
alternate, Stephen Marsh.
The Board discussed the draft resolution.
Motion: The resolution was approved, as amended
Action: Approved
Moved by George Roniger, Seconded by Ralph M. Engel, alternate.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Ralph M. Engel,
alternate, Stephen Marsh.
WETLANDS AND WATERCOURSES PERMIT
87 Rockland
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 August 13, 2014
On motion of George Roniger seconded by Ralph Engel, the application of Mr. and Mrs.
Fienberg, (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 7 to 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"); and
WHEREAS, the Applicant has applied for a permit under the Wetlands Law to construct
a proposed addition to an existing single family dwelling within the buffer zone of the Sheldrake
River (the "Proposed Action"); and
WHEREAS, the subject property is located at 87 Rockland Avenue and known on the
Tax Assessment map of the Town of Mamaroneck as Block 210, Lot 328 (the "Property"); and
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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, the Coastal Zone Management Committee ("CZMC") considered the
Proposed Action at its meetings on February 26 and April 28 2014; and
WHEREAS, following the CZMC meeting on February 26, 2014 and a letter issued by
CZMC on March 6, 2014, the Applicant made revisions to the Proposed Action to address
comments expressed by CZMC; and
WHEREAS, CZMC issued a letter dated May 7, 2014, 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 May 7, 2014 CZMC Letter(the "CZMC Letter") states the following:
The new proposal eliminates the basement, and instead uses piers to support the
new addition. This allows any floodwaters that may breach the retaining wall to
flow underneath the structure. The stormwater detention system was enlarged to
accommodate runoff from a 100-year storm. Because the channel of the
Sheldrake River is lined by a stone wall at this location, the elevated backyard of
the property at 87 Rockland has no wetlands vegetation or natural riverbank to
preserve. Small areas with wetlands plants are only located at the base of the wall
at the water's edge. However, it is important to provide water quality treatment of
stormwater before it is discharged into the river and to also ensure that there will
be no increase in flooding downstream of the property. CZMC believes the
proposed stormwater system will achieve these goals and finds the proposal to be
consistent with the policies of the Local Waterfront Revitalization Plan."
WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands
Law §114-7(C) on July 9 and August 13, 2014; and
WHEREAS, Anthony Oliveri, P.E. of 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:
• Plan entitled "Fineberg residence Addition, Stormwater Management Design"
prepared by Insite Engineering, Surveying & Landscape Architecture, P.C., last
dated April 1, 2014
• Plan entitled "Site Plan/Zoning Chart" Drawing #A-1, prepared by Gordon +
Yestadt Architects, last dated January 31, 2014
• Stormwater Pollution Prevention Plan prepared by Insite Engineering, Surveying
& Landscape Architecture, P.C., last dated April 1, 2014
WHEREAS, in accordance with Wetlands Law §114-7(D), the Board has considered the
following:
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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 considered(i) the CZMC Letters issued on
March 6 and May 7, 2014; (ii)public statements by the Town's Consulting
Engineer, including a memo to the Planning Board dated June 11, 2014;
and(iii) letters and testimony submitted by neighbors of the Property.
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 has determined that there will be no environmental
impacts because (i) the basement will not be below grade; (ii) the on-site
drainage system has been designed for the 100 year storm (which exceeds
the minimum Town Code requirement of the 25 year storm) (iii) as
reflected on the submitted Plans (hereinafter defined), the existing on-site
drainage system has been retrofit for the entire house, not just the
Proposed Action; (iv) as reflected on the submitted(hereinafter defined),
there will three planted rain barrels to harvest rainwater; and(v) the
Proposed Action will not require the removal of any wetland vegetation.
b. the alternatives to the Proposed Action; and
The Planning Board finds that given the location of the house on the
Property there are no other areas for the proposed expansion that would
not otherwise require a wetlands permit because most of the Subject
Property is within the 100 foot wetlands 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 Proposed Action will not impact
wetland functions because there will be no removal of wetlands vegetation
and the proposed drainage system will improve water quality as compared
to present conditions. Furthermore, the Planning Board finds that there
will be no downstream impacts because the project has been designed to
attenuate the 100 year storm.
3. the availability of preferable alternative locations for the Proposed
Action on the subject parcel;
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The Planning Board finds that there is no other preferable alternate
location for the Proposed Action because most of the buildable area of the
Property is within the 100-foot wetlands buffer.
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 incorporated all technical
improvements and safeguards to mitigate any wetland impacts. However, it is
understood that the Applicant will be required to comply with requirements of
Chapter 95 the Town Code with respect to soil and erosion control.
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 due to the fact that no wetlands vegetation is being
removed and that there will be an adequate on-site drainage system and that the
Applicant will be required to comply with Chapter 95 of the Town Code, the
Proposed Action will not impact the function of the 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 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 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
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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 (herein referred to as the "Plans") submitted in connection with
the Application:
• Plan entitled "Fineberg residence Addition, Stormwater Management Design"
prepared by Insite Engineering, Surveying & Landscape Architecture, P.C., last
dated April 1, 2014
• Plan entitled "Site Plan/Zoning Chart" Drawing #A-1, prepared by Gordon +
Yestadt Architects, last dated January 31, 2014
• Stormwater Pollution Prevention Plan prepared by Insite Engineering, Surveying
& Landscape Architecture, P.C., last dated April 1, 2014
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, 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 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.
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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.
Vote:
In Favor: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John
Ortiz, Ralph Engel, alternate, Stephen Marsh
Against: None
Absent: Edmund Papazian
This decision shall be filed with the Town Clerk.
APPLICATION No 3. -Winged Foot Golf Club - 851 Fenimore Road -Wetlands Permit
This application involves work to be done at the 14th Fairway.
Darius Chafizadeh, of Harris Beach, LLC, the applicant's attorney, addressed the Board. Mr.
Chafizadeh, stated that they have been before the CZMC and that the project was found
consistent with the local waterfront revitalization plan. They are still negotiating the easement
with their neighbors, the Glucksmans and therefore it has not yet been finalized or executed.
The Board discussed the applicable notice requirements.
Mr. Ortiz stated that the Board received a letter from the Coastal Zone Management Commission
("CZMC") dated August 11, 2014, which was entered into the record.
The proposed easement was discussed. Mr. Burns, the club manager, stated that he would like to
do the club work and let neighbors do their own work. Mr. Chafizadeh requested that the public
hearing be opened.
The letter from Mr. & Mrs. Arnow dated August 6, 2014 was read and entered into the record.
Mr. Cemele, on behalf of the applicant, explained the proposed change to the application„
removing the work to be done on the neighboring Glucksman's property. Mr. Chafizadeh stated
that they will commit to only work on the club property.
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Mr. Block stated that the Board would not authorize any modifications on the existing pipe on
the Glucksman property.
PUBLIC COMMENTS
Mr. Hecht of 4 Adrian Circle addressed the Board stating that a number of neighbors are away
on vacation and he is concerned as to whether this will add more water downstream.
Mr. Ortiz stated that the proposed action would ameliorate runoff.
Mr. Cemele added that the proposed action would not cause any added flow.
Mr. Ortiz asked the board members if they wanted to open a public hearing. Ms. Hochman stated
the Town Code authorizes the Board to open the public hearing when they deem it appropriate.
Mr. Burns stated that the club would proceed with the application as modified to eliminate all
work proposed for the neighboring Glucksman property.
Motion: To open the public hearing for the application as modified to eliminate the work to be
done on the neighboring property (nunc pro tunc)
Action: Approved
Moved by Ira Block, Seconded by George Roniger.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Ralph M. Engel,
alternate, Stephen Marsh.
Mr. Ortiz stated that they essentially discussed the proposal.
Mr. Oliveri stated that from an engineering standpoint, it is just a drain pipe to convey water and
he believes that the proposed design will be effective to address drainage issues.
Mr. Ortiz again stated that the August 11, 2014 CZMC letter and the August 6, 2014 Arnow
letter be entered into the record.
Mr. Burns showed on the plan where 179 Griffen Avenue (the Arnow residence) is in
relationship to the work site.
Mr. Ortiz questioned whether the application as revised must go back to CZMC and Ms. Paul
stated in her opinion that the CZMC would not change their opinion as the scope of the work is
less.
Ms. Hochman stated that this is a SEQRA Type 1 action and that the Board would have to make
a determination of environmental significance.
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Mr. Ortiz stated that the matter is adjourned to September 10, 2014, and that the plans should be
revised as discussed.
APPLICATION NO. 4 - Winged Foot Golf Club -Wetlands Permit
This application involves a permit for work previously done on the east course.
Darius Chafizedeh, the applicant's attorney addressed the Board, stating a violation was issued to
the club and a court date is set for September. He further stated that they appeared before the
CZMC in July and there was a site visit Monday August l lth with members of CZMC and the
Planning Board.
Photos of the site were entered into the record as well as a list of trees that were removed.
Mr. Cemele spoke about the site visit and the CZMC recommendations. A concept plan is to be
submitted to CZMC and another site visit is planned for September.
Mr. Ortiz discussed the site visit and stated that there was no substantive discussion among board
members who were present.
Mr. Oliveri asked about the purpose of wall and pipe that was installed.
Mr. Ortiz requested photos showing the level of forestation in the area prior to the disturbance.
Mr. Oliveri stated that the area was essentially a watercourse that was filled in and piped and that
in order to meet the standards for a permit under Chapter 114 of the Town Code, the club has to
show the benefit of such work. Mr. Oliveri further stated that he does not know how such
benefit can be shown because the wall seems to serve no purpose except to hold back the fill that
was placed there. The Board members discussed the implications of removing the wall.
Although a public hearing was not opened, the Chair allowed members of the public to address
the Board.
Ken Stier of 50 Country Road asked whether dredging of the pond on his property is included in
the application. Mr. Ortiz stated that it is not part of the application and suggested that the Stiers
work with the club.
Ms. Paul stated sediment entering the Stier's pond is a historical problem.
Mr. Burns stated that the club has offered to dredge the Stiers' pond and remove the material to
the club's property, but this will take place after the current project is approved.
Mr. Carpaneto, who was present at meetings with representatives of the club and the Town,
stated that the Town administrator and Town attorney required restoration of the site.
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The matter was adjourned to September 10, 2014.
APPLICATION NO. 5 - Trader Joe's - Special Use Permit Renewal
Don Mazin, the applicant's attorney, addressed the Board.
Pam Rice the Captain Manager of Trader Joes was also present.
Mr. Mazin stated that the applicant requests a renewal of Special Use Permit.
Motion: To open 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, Ralph M. Engel,
alternate, Stephen Marsh.
Mr. Carpaneto stated there have been no complaints.
Mr. Ortiz asked if there were any issues with the reconfigured parking lot and Mr. Carpaneto
responded no. The Board discussed the application.
There were no public questions or comments.
Motion: To close the public hearing
Action: Approved
Moved by Elizabeth Cooney, Seconded by Ira Block.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Ralph M. Engel,
alternate, Stephen Marsh.
Motion: To approve the Special Use Permit Renewal
Action: Approved
Moved by Ralph M. Engel, alternate, Seconded by Ira Block.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John Ortiz, Ralph M. Engel,
alternate, Stephen Marsh.
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SPECIAL USE PERMIT RENEWAL
Trader Joe's
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 August 13, 2014
On motion of Ralph Engel, Alternate, seconded by Ira Block, the Special Use Permit Renewal
application of Trader Joe's East (the "Applicant") was APPROVED by the Planning Board of
the Town of Mamaroneck (the " Planning Board") upon the following resolution, which was
adopted by a vote of 7-0.
WHEREAS, the Applicant submitted an application for renewal of a Special Use Permit
for use of the premises as a store for the sale of goods at retail (the "Application") at 1262
Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as
Block 407, Lot 192 (the "Property"); and
WHEREAS, a duly noticed public hearing was held on August 13, 2014; and
WHEREAS, the Planning Board has considered the Application, the plans and
environmental analysis submitted by the applicant, comments and responses to questions by
the applicant, the reports and comments of the consulting Engineer to the Town and heard
interested members of the public; and
WHEREAS, the Director of Building has indicated to the Planning Board that there are no
outstanding violations of Chapter 240 of the Code of the Town of Mamaroneck (the "Town
Code") on the Property; and
WHEREAS, the Application is Type II pursuant the Town Code and thus no further
environmental review is required pursuant to the New York State Environmental Quality
Review Act or the Town of Mamaroneck Environmental Quality Review Act.
NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as
follows:
1. The proposed use as limited by the conditions set forth herein is in harmony with the
surrounding area and shall not adversely impact upon the adjacent properties due to
traffic generated by said use or the access of traffic from said use onto or off of adjoining
streets.
n.
2. The operations in connection with the Special Use Permit, as limited by the conditions set
forth herein, will be no more objectionable to nearby properties by reason of noise, fumes
and vibrations, flashing of lights or other aspects than would be the operations of any
other permitted use not requiring a Special Use Permit.
3. The proposed Special Use Permit, as limited by the conditions set forth herein will be in
harmony with the general health, safety and welfare of the surrounding area by the nature
of its particular location. It will not adversely impact upon surrounding properties or
surrounding property values.
BE IT FURTHER RESOLVED, that this Board APPROVES the application of the
Applicant for Special Use Permit for expansion of a grocery store subject to the following terms
and conditions:
1. The hours of operation shall be from 8:00 a.m. to 10:00 p.m. seven (7) days a week.
2. The Applicant shall be responsible for the proper maintenance of any garbage
dumpsters used in connection with its business operations and shall comply with any
and all reasonable directives with respect thereto by the Director of Building.
3. Applicant shall be responsible for procuring any and all permits required for the
proposed work within the New York State Department of Transportation right-of-
way, if any.
4. No trucks operated by, for or under the control of the Applicant shall enter or leave the
premises at 1262 Boston Post Road by way of Larchmont Acres parking lot or Burton
Road.
5. This Special Use Permit shall expire after two (2) years.
6. This Special Use Permit is subject to the requirements set forth in Chapter 240, Article
IX and the use restrictions set forth in Section 240-30 of the Code of the Town of
Mamaroneck.
Vote:
In Favor: Elizabeth Cooney, Ellen Dunkin, George Roniger, Ira Block, John
Ortiz, Ralph Engel, Alternate, Stephen Marsh
Against: None
Absent: Edmund Papazian
This decision shall be filed with the Town Clerk.
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APPLICATION NO. 28 Colonial Road - Subdivision
Don Mazin, the applicants' attorney, addressed the Board.
Mr. and Mrs. Wrobel, the applicants, were also present.
Mr. Mazin stated that the property is unique because the lots meet Town Code requirements but
after the subdivision the original house would be 1.8 feet short of side yard setback requirements.
He suggested a restricted covenant to keep houses further apart, or a possible change to the lot.
Photos were entered into entered into the record.
The Board discussed the need for a variance..
Ms. Hochman stated the house complies with zoning presently; however the Town Code
prohibits any subdivision which would result in a nonconformance.
Mr. Oliveri stated that the applicant must submit a plan to the Building Department showing the
proposed change of lot line and a theoretical house plan to demonstrate Town Code
requirements can be met. A zoning table is also required to demonstrate compliance with zoning
requirements.
The matter was adjourned to consideration September10, 2014.
NEW BUSINESS
Ms. Hochman suggested the mailing notification provisions of Chapter 114 of the Town Code
(Wetlands and Watercourses) should be consistent with the provisions of Chapter 144 of the
Town Code (Notification).
ADJOURNMENT
Motion: The meeting was adjourned at 9:49P.M.
Action: Approved
Moved by Ralph M. Engel, alternate, Seconded by Elizabeth Cooney.
Minutes Prepared by
Francine M. Brill
Planning Board Secretary.
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