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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 1 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. 2 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). 3 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 4 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 5 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 6 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. 7 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. 8 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. 9 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. 10 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. 11 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; 12 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. 13 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 14 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 15