HomeMy WebLinkAbout2012_08_08 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
AUGUST 8, 2012 IN CONFERENCE ROOM C, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
AGENDA
Application No. 1 Case No. 293 Bonnie Briar Country Club Public Hearing
Adjourned
Requires Approvals Wetlands and Water courses
Town Code Chapter 114
Location: 808 Weaver Street
District: REC
Project Description site improvement to golf course
Application No. 2 Case No. 296 1 Durham Road Public Hearing
Adjourned
Requires Approvals Subdivision Approval
Town Code Chapter 190
Location: 1 Durham Road
District: R-30
Project Description 4 lot sub-division
Application No. 3 Case No. 298 851 Fenimore Road Winged Foot Golf Club
Public Hearing
Required Approval(s) Site Plan Approval
Town Code Chapter 177
Location: 851 Fenimore Road
District: REC
Project Description renovation to pool area
Application No. 4 Case No. 300 75 Howell Avenue 75 Howell Avenue
subdivision
Public Hearing
Required Approval(s) Subdivision Approval
Town Code Chapter 190
Location: 75 Howell Avenue
District: R-15
Project Description 2 lot subdivision
Application No. 5 Case No. 301 2155 Palmer Avenue Acura Public Hearing
Required Approval(s) Site Plan Approval
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Town Code Chapter 177
Location. 2155 Palmer Avenue
District. B
Project Description auto dealership
Application No. 6 Case No. 302 Bonnie Briar Country Club Consideration
Requires Approvals Wetlands and Water courses/Site Plan Amendment
Town Code Chapter 114 & Chapter 177
Location: 808 Weaver Street
District: REC
Project Description site improvement to tee 17 and 18
Roll Call.
Present: Marc Rosenbaum, Chairman, John Ortiz, Edmund Papazian, Virginia Picciotto
Also Present: Ronald Carpaneto, Building Inspector, Lisa Hochman, Counsel, Elizabeth Paul,
Environmental Consultant , James Naterilli P.E., Consulting Engineer.
Absent/Excused: Ellen Dunkin, George Roniger, Stephen Marsh, Abby Katz, Town Board
Liaison.
CALL TO ORDER
The meeting was called to order at 8:02P.M.
MINUTES
The minutes were tabled to September 12, 2012.
Application No. 1 Bonnie Briar Country Club
The application was adjourned at the applicant's request, they requested their other application
be heard.
Application No. 6 Bonnie Briar Country Club
John Ortiz recused himself.
Benedict Salinitro the applicants engineer addressed the Board explaining the scope of the
project. Maintenance work on the existing pipe, new tee boxes lengthening the course on 17.
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Low areas are proposed to be filled, and the creation of a water feature on hole 18. Earth is
being moved, no trees are to be removed and a significant amount of pavement will be removed
decreasing the impervious area by 450 sq. feet.
This is a Type I action because it is in a Critical Environmental area.
Mr. Salinitro asked to be referred to the CZMC and return for a public hearing.
Ms. Paul stated that it is a Class C water course the DEC would probably have no interest.
The matter was adjourned to a public hearing scheduled September 12, 2012
The Board requested a site visit which will be scheduled by the secretary.
APPLICATION NO. 3 Winged Foot Golf Course
Continuation
Frank McCullough of McCullough, Goldberger & Staudt, LLP the applicant's attorney
addressed the Board stating that they have responded to the Boards concerns since the last
meeting. In a letter dated July 25, 2012 it was stated that the two trees that the club was
requested to save cannot be saved as the root system will be compromised during construction.
Mr. Naterelli stated that they received an updated stormwater management plan ("SWIP") and all
points have been addressed.
There were no questions from the Board.
There were no public questions or comments.
Mr. McCullough requested a vote.
Mr. Rosenbaum stated a Negative Declaration has been prepared stating no significant adverse
impact, but he cautioned the applicant that with only four (4) board members present a
unanimous vote would be needed for approval under NYS law, and asked if the applicant still
wanted a vote taken at this time, the applicant said it would.
Motion: To close the public hearing
Action: Approved
Moved by John Ortiz, Seconded by Virginia Picciotto.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
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Yes: John Ortiz, Marc Rosenbaum, Chairman, Virginia Picciotto, Edmund Papazian
Motion: To approve the Negative Declaration
Action: Approved
Moved by John Ortiz, Seconded by Edmund Papazian.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: John Ortiz, Marc Rosenbaum, Chairman, Virginia Picciotto, Edmund Papazian.
Motion: To approve the Site plan
Action: Approved
Moved by John Ortiz, Seconded by Virginia Picciotto.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: John Ortiz, Marc Rosenbaum, Chairman, Virginia Picciotto, Edmund Papazian.
CERTIFICATION
Site Plan Amendment
Winged Foot Golf Club
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 the Town of Mamaroneck at
the duly noticed meeting held on August 8, 2012
On motion of John Ortiz seconded by Virginia Picciotto, the application of Winged Foot Golf
Club (the "Applicant") for approval of a site plan amendment which proposes improvements to
the existing pool complex and the short game practice area located on the southern portion of the
Property (hereinafter defined) 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.
WHEREAS, the Applicant submitted an application to amend their site plan approval (the
"Application") to alter the swimming and golf facilities 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
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WHEREAS, the Application proposes alterations to the pool area and the short game practice
area including the construction of a new entrance pavilion, a bar pavilion, grill building, locker
room facility, activity building, kiddie pool and the installation of a stormwater treatment and
detention facility; and
WHEREAS, the short game practice area will include the installation of four (4) new practice
greens and three (3) new sand traps; and
WHEREAS, one driveway leading to the parking lot will be eliminated and a new gravel
walkway will be installed that connects the practice area to the club house; and
WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application
at its meetings on May 30th and June 25, 2012 and issued a letter dated July 11, 2012 which
stated that CZMC found the proposal to be consistent with Policy 14 of the Local Waterfront
Revitalization Program due to the project's proposed enlarged stormwater detention system
capacity, the use of pervious pavers and rain gardens; 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 by Kellard Sessions Consulting, P.C.; and
WHEREAS, the Applicant appeared before the Board of Architectural Review ("BAR") on May
21, 2012 to address lighting and design of buildings at the pool complex; and
WHEREAS, the Board of Architectural Review ("BAR") approved ("option 1") the dark green
scheme with a historic roof made of either slate or cedar plank dated April 25, 2012 at the May
21, 2012 meeting; and
WHEREAS, after publication of notice, this Board has held public hearings for the application on
June 13, 2012, July 11, 2012 and August 8, 2012; 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 result in no significant adverse impacts
related to stormwater because the Applicant has undertaken to install a stormwater treatment and
detention facility, permeable paving stones and rain gardens to reduce the amount of stormwater
runoff from the Property; and
WHEREAS, the Board finds that the Application will not create significant adverse visual
impacts because the pool complex will not be visible from any public way, the landscape buffer
between the pool area and residential properties will increase from five to twenty feet and new
compliant lighting installed at the cool complex will replace existing lighting; and
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WHEREAS, the Board finds that the Application will not generate adverse post-construction
traffic impacts because the proposal is not designed or anticipated to generate any additional
vehicular trips to 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
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 Board finds that the Application will not change the quantity of open space or
wildlife habitat because the proposed modifications to the site are minor in nature and are to be
conducted within areas that have been previously developed; and
WHEREAS, the Board finds that the Application will promote recreational use and enjoyment
of open space.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the
authorization of a determination of non-significance (the "Negative Declaration") dated August
8, 2012, a copy of which will be kept on file with the Building Department.
BE IT FURTHER RESOLVED, 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
following plans submitted in connection with the Application:
• Pool Area Site Plan (A0.10), prepared by Miller & Wright Architects, last revised on
June 27, 2012
• Pool Area Landscape Plan (A0.11), prepared by Miller & Wright Architects, last revised
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on June 27, 2012
• Site Sections (A0.12), prepared by Miller & Wright Architects, last revised on June 27,
2012
• Short Game Area Site Plan, prepared by Miller & Wright Architects, last revised on June
27, 2012
• Stormwater Pollution Prevention Plan Report for Winged Foot Golf Club Pool and
Practice Area, prepared by Kellard Sessions Consulting, P.C., last revised on July 2012
• Stormwater Management Plans depicting existing conditions, overall layout, enlarged
pool house layout plan, enlarged pool house grading and utility plan, enlarged pool house
sediment & erosion control plan, enlarged practice area plan, pre-development hydrology
plan, post-development hydrology plan and details, prepared by Kellard Sessions
Consulting P.C., last revised on July 25, 2012
Stormwater Management Plan - Kellard
SWPPP Kellard
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.
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.
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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. The final SWPPP must show at least a 10% reduction to peak flow of the 100-year storm.
13. 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: Marc Rosenbaum, John Ortiz, Edmund Papazian, Virginia Piciotto
Against: None
This decision shall be filed with the Town Clerk.
APPLICATION NO. 4 75 Howell Avenue Public Hearing
Motion: To open the public hearing
Action: Approved
Moved by John Ortiz, Seconded by Virginia Picciotto.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: Edmund Papazian, John Ortiz, Marc Rosenbaum, Chairman, Virginia Picciotto.
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Jan Gould, the applicant's architect addressed the Board.
Mr. Gould stated they are proposing a one lot subdivision, the existing lots would both be
conforming. The owners are looking to sell the original house and move into the new smaller
proposed green home.
They are trying to deal with the water problem in the area and are suggesting a water retention
pond on the new proposed lot. Additional proposed a trench drain and a retaining wall to capture
water from the maim house to a French drain away from the low area.
The drive way is proposed on Howell Avenue.
Mr. Gould stated he received letters from the Water Department and Con Ed stating that they can
service the proposed lot.
In response to a neighbor's concerns the driveway was moved further away from the mutual
property line and more plantings proposed to screen the drive which is proposed to be grass crete
permeable pavers.
Only one tree will be affected by the proposed construction.
Old Weaver Street was discussed, it is an unpaved Town Street that runs through the park and
ends at the back of 75 Howell Avenue.
A picture of the property showing the new driveway entrance area from Howell Avenue was
entered into the record and marked Exhibit 1.
Mr. Gould further stated that the applicant is looking to make the property better.
The retention pond was discussed.
Mr. Rosenbaum asked the applicant for a landscaping plan.
Public questions and comments.
Mark Shapiro of 65 Howell Ave questioned runoff as his house is at the low point of the area.
Richard Weisman of 1206 Palmer stated concerns regarding flooding and stated that the area
where the retention pond is proposed retains water any time it rains.
Mr. Rosenbaum identified a letter from Mr. Gould dated August 8, 2012 given to the Board this
evening.
The retention pond and its maintenance obligation was discussed.
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Michelle Lewis, a neighbor and consulting architect asked if they don't do a retention pond
would the Town take care of the problem.
Tim Oberg of 1214 Palmer Avenue discussed the topographical map that was previously given to
the Board, showing the lowest spot, stating water runs through the park creating flooding. There
is a major water issue in the area and permeable area should be reduced not increased.
Mr. Rosenbaum stated that Boards finding is based upon a test that there will be no increase, but
if the applicant can show improvement it would be preferable.
David Hoffner of 72 Howell asked about the green project and permeable driveway pavers, and
why two entrances. To which the owner Mr. Herbst responded he would prefer a Howell
Avenue address as well as it is more convienent to enter and exit on Howell Avenue
Bruce Heutchy of 67 Howell explained he was concerned with flooding as his tennis court floods
currently.
Ms. Paul asked about construction vehicles, and the staging of materials.
Mr. Gould stated they could access from Old Weaver but would need permission from the town
to use parking area.
Gail Hiler, of 1 Meadow Place, stated historically Fire trucks can't enter driveway on Howell
and use Old Weaver Street for access.
Erosion control for the existing house was discussed.
It was stated that there will be no rock removal on site.
David Hoffner of 72 Howell Street stated that views will be impacted,
Emily Hoffner of 72 Howell Street stated the Howell is a cut thru for traffic, it looks quite but is
a very busy street.
Ken Nixon of 74 Howell stated he has been 60 years in the neighborhood, and the main criteria
is the quality of the neighborhood, there has been no type of subdivision in the area, and is it
suitable. To which Mr. Rosenbaum stated technically it meets the requirements.
Ms. Picciotto asked for a plan of the proposed house and elevations.
Mr. Nicastri of 70 Howell stated concern with the plan, the shape of the property is unusual.
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Mr. Weisman stated that the view through the park is beautiful and should be protected as it is a
gate way to the Town.
Mr. Rosenbaum stated the Board would like to have a site visit.
Tim Oberg of 1214 Palmer pointed out the application is invalid, under notary law June 2012
marked as Exhibit 2. He pointed out that the applicant's husband notarized her signature.
Ms. Hochman stated that if the application was notarized incorrectly it must be corrected and
refiled.
Liz Paul, asked that the application be referred to CZMC.
Mr. Gould stated they are not ready yet.
Referrals should go to the Fire Department, Police Department, Department of State, WCPB,
and the traffic committee.
Mr. Rosenbaum adjourned the matter to Sept. 12, 2012
Vi APPLICATION NO. 5 ACURA
The applicant was not present.
The Board discussed the draft resolution.
Motion: To close the public hearing
Action: Approved
Moved by John Ortiz, Seconded by Virginia Picciotto.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: Edmund Papazian, John Ortiz, Marc Rosenbaum, Chairman, Virginia Picciotto.
Motion: To approve the site plan amendment
Action: Approved
Moved by Virginia Picciotto, Seconded by Edmund Papazian.
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Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: Edmund Papazian, John Ortiz, Marc Rosenbaum, Chairman, Virginia Picciotto.
Site Plan Amendment
2155 Palmer Avenue
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 at the public and duly noticed
meeting held on August 8, 2012.
On motion of Virginia Picciotto seconded by Edmund Papazian the site plan application of
Acura of Westchester (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 4-0
WHEREAS, the Applicant submitted an application to amend the site plan (the "Application")
for a automobile dealership located at 2155 Palmer Avenue and known on the Tax Assessment
map of the Town of Mamaroneck as Section 5, Block 501, Lot 1 (the "Property"); and
WHEREAS the Property is located in the B-Business District; and
WHEREAS, the Property is used for an automobile dealership; and
WHEREAS, the Applicant proposes to expand its auto dealership by constructing a new 1.600
square-foot, two-story addition to increase office area and vehicle display space; and
WHEREAS, the Board of Architectural Review (the "BAR) reviewed and approved the facade
and proposed improvement at its meeting on May 21, 2012;
WHEREAS, on June 7, 2012, the Application was referred to the city of New Rochelle,
Westchester County Planning Board ("WCPB"): and
WHEREAS, after publication of notice, the Planning Board held public hearings for the
application on July 11, 2012 and August 8, 2012; and
WHEREAS, the Planning Board has considered the Application, reports and comments of the
Town's consulting engineer; testimony from Town officials and interested members of the
public, as well as responses to questions by the Applicant and its representatives; and;
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WHEREAS, the Applicant has represented, and the site plan confirms, that there are no
proposed changes with respect to impervious coverage; and
WHEREAS, the Board finds that the Application will not result in an increase to stormwater
runoff because there is no increase in impervious surfaces on the Property; and
WHEREAS, the Board finds that the Application provides a sufficient number of parking spaces
to satisfy the requirements of the Town Code; and
WHEREAS, the Board finds that there will be no significant adverse visual impacts because no
new lighting fixtures are proposed and the new structure will be adjacent to property operated by
Metro North Railroad and the New York State Thruway and, as such, would likely be visible
only to a few residents on Harrison Drive; and
WHEREAS, the Board finds that, other than for a limited time during construction, the proposed
changes will not produce any increase in 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 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, the Application is Type II and 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; and
NOW, THEREFORE, BE IT 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:
Plans: Al Cover Sheet, A3 Existing Site Plan, A4 Proposed Site Plan, A6 First Floor Plan, A7
Second Floor Plan, A8 Roof Plan and Elevations, A9 Elevations, A10 Elevations, Dated
2/24/2012, last revised 5/5/12.
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BE IT FURTHER RESOLVED that this 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. 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.
3. 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.
4. Applicant will arrange a 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
consulting engineer for approval prior to commencing site work. The Applicant shall
notify — in person—the Town consulting 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.
Vote:
In Favor: Marc Rosenbaum, Chairman, John Ortiz, Virginia Picciotto, Edmund Papazian
Against:
This decision shall be filed with the Town Clerk.
ADJOURNMENT
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Motion: To adjourn the meeting at 9:37 P.M.
Action: Approved
Moved by John Ortiz, Seconded by Virginia Picciotto.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: John Ortiz, Marc Rosenbaum, Chairman, Virginia Picciotto, Edmund Papazian.
Minutes prepared by
Francine M. Brill
Planning Board Secretary
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