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HomeMy WebLinkAbout2014_09_10 Planning Board Minutes THE MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 10, 2014 HELD IN CONFERENCE ROOM C, 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK Roll Call. Present: John Ortiz, Edmund Papazian, George Roniger, Stephen Marsh, Ira Block, Elizabeth Cooney, Ralph M. Engel, alternate Also Present: Lisa Hochman, Counsel, Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant, Jaine Elkind-Eney. Absent/Excused: Ellen Dunkin, Ronald Carpaneto, Building Inspector, Kevin G. Ryan, Counsel. CALL TO ORDER The Meeting was called to order at 8:00 P.M. MINUTES Motion: To approve the Minutes of August 13, 2014. Action: Approved Moved by Ira Block, Seconded by Stephen Marsh. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). Yes: Elizabeth Cooney, George Roniger, Ira Block, John Ortiz, Ralph M. Engel, alternate, Stephen Marsh. Abstain: Edmund Papazian. Absent: Ellen Dunkin THE APPLICATIONS WERE TAKEN OUT OF ORDER 28 Colonial Avenue—Wrobel - Consideration Donald Mazin, the applicant's attorney, addressed the Board, stating that they are requesting to subdivide the property, but because of the placement of the original house they would need to change the property line to maintain conformity of the side lot line. He further stated that the applicant meets all other code requirements. 1 Note: For the record a survey showing the proposed change to the lot line was handed out tonight. Mr. Mazin further stated that the survey shows the building envelope. Mr. Oliveri questioned the change in the property line. Ms. Hochman stated that the Board cannot approve a subdivision that creates a nonconformity. Mr. Marsh stated that there is precedent, a variance was previously granted for a non-conformity. Mr. Mazin stated that they would prefer to not go before the Zoning Board of Appeals. Mr. Oliveri stated that footprint drawings, storm water calculations, sewer and water connections as well as a site plan, and erosion control plan are required for review. Mr. Ortiz stated that if the applicant can have all the required documents in time to be reviewed by the Board a public hearing can be set for October 8Th The matter was adjourned to October 8th for Public Hearing 176 Myrtle Blvd. —Shkreli - Consideration Don Mazin, the applicant's attorney, and Mr. Shkreli, the applicant, addressed the Board. Mr. Mazin stated that they met with the Building Inspector. Mr. Shkreli showed photos of the original lot that had been burned to the ground 30 years ago, then showed the building as it is presently, and renditions of what he would like to build: nine one-bedroom apartments over the existing store. He further stated that he believes it will improve esthetics of the area as well as bring in revenue for the town. Mr. Shkreli showed the proposed plan with a green roof and terraced back portion and reported that he spoke with the neighbors and tried to accommodate their requests. Mr. Mazin explained that the proposed three-story addition will have nine one-bedroom apartments one of which will be set aside for affordable housing and another one Mr. Shkreli to occupy himself. He further stated that the Town Board felt Myrtle Blvd would be a perfect place for affordable housing as it is close to public transportation. Ron Stansfield, the builder, stated that modular construction will be done offsite. There will be 15 sections that will take two-four days to erect and the rest of the work will be interior. He projected the construction will take up to seven days. 2 Mr. Mazin stated that 12 parking spaces are required and those spaces can be purchased from the Town Clerk. The availability of parking was discussed. Mr. Engel pointed out that they are proposing only one unit of affordable housing and further pointed out that parking is difficult in the area. He further stated that he spoke to the Town Clerk and there are no 24-hour spots available and that meter and overnight parking are also unavailable. Mr. Ortiz, stated issues will be looked into, and asked the applicant to have available parking options substantiated when they return. Ms. Hochman stated the environmental impact study done in connection with the rezoning was not site specific, and requested copies of the SEQRA documents. Mr. Oliveri asked for an existing condition survey, and a staging plan. The matter was adjourned to October 8Th 851 Fenimore Road -Winged Foot Golf Club -Public Hearing The drainage along 227 Griffen Avenue was discussed. Darius Chafizadeh, the applicant's attorney, stated that the public hearing is continued and reported that they have re-noticed and updated all signs. He further stated that there has been no change since last month. The Board discussed the application. Public Comments: Howard Blank, of 9 Kolbert Drive, Scarsdale stated he lives near the 15th hole and he wants the Board to know that there is a brook that runs down Kolbert to Long Island sound. He further stated that when the brook overflows the street is a river. He further stated he would appreciate it if there was a determination that this action will not add any more water downstream. Mr. and Mrs. Fuerstein, of 27 Kolbert Drive, stated that the street floods. Mitchell and Emily Spector, of 13 Kolbert Drive, also stated their concerns with flooding. Mercedes Farah, of 25 Kolbert Drive, stated she has the same concerns. Michele McCauley, of Kellard Sessions, stated that the project will not increasing flows and will not exacerbate the flooding problem. She further stated that the existing 36-inch pipe doesn't have capacity, which is why they are putting in a second pipe for the overflow from extreme storm events. 3 Mr. Oliveri, stated that that the volume of water will remain the same but the rate of discharge will change, how fast or slow the discharge would be is complicated to model. The Board discussed the discharge and effect on the neighbors. Mr. Ortiz stated that the project will not add water and if nothing is done the flooding will happen anyway. Mr. Burns, the Club manager, explained that Kolbert is lower and water flows to the brook from over 100's of acres. Mr. Oliveri stated that the change will not be noticeable, the volume of water will remain the same. An analysis is not practical as it would be too complex to do as there will little discernable change. The length and width of the pipe was discussed. Ms. McCauley stated it is 200 feet by 24 inches. Mr. Burns stated that it is important that the neighbors understand why the Club is doing this, and explained a neighbor had a drainage problem and the club is putting in an extra pipe to remove water from that neighbor's yard. Mr. Oliveri stated when he looked at the plan he didn't think it warranted further study. Mr. Block asked Mr. Burns what impact this proposal has on the club and Mr. Burns responded that they are trying to work on the green there and until this is settled they can't continue. Elizabeth Paul, Environmental Coordinator, stated that Coastal Zone Management Commission considered flooding downstream and they found the project to be consistent with the LWRP. Mr. Ortiz asked Ms. Paul if she felt there would be any change or detriment if the pipe was put in so the greens work could commence, Ms. Paul responded there is no negative impact. The draft resolution was discussed, as well as proposed revisions. Ms. Hochman asked for a recess to review the proposed changes. Motion: To close the public hearing Action: Approved Moved by Ralph M. Engel, alternate, Seconded by Ira Block. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block, John Ortiz, Ralph M. Engel, alternate, Stephen Marsh. 4 Absent: Ellen Dunkin Ms. Paul briefed the Board regarding the determination of environmental significance. Motion: To approve the Negative Declaration Action: Approved Moved by George Roniger, Seconded by Elizabeth Cooney. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block, John Ortiz, Ralph M. Engel, alternate, Stephen Marsh. Action on wetlands permit tabled until later in the meeting. 446 Weaver Street - Neptune Properties, LLC - Consideration Ben Salinitro, the applicant's engineer, Greg DeAngelis, the architect, and the owner, Mr. Case, appeared to address the Board. Mr. Salinitro stated as follows: The application is for a Wetlands permit to demolish the existing home and construct a new single family home. Existing lot coverage is 3,548; the proposed is 3,465 square feet. The existing house has a rear garage and a basement, the new house will be elevated with a garage. The Board referred the matter to the Coastal Zone Management Commission. The Board discussed impacts to the Sheldrake wall. The Board discussed the proposed driveway and Mr. Case stated he wants to abandon the existing driveway and create a new one. Mr. Salinitro stated that the existing driveway has a no sight line, and the new proposed driveway will allow a "K" turn to avoid backing out onto Weaver Street. Mr. Salinitro stated that percolation tests and deep test pits were done. Mr. Oliveri stated that this in a flood zone. Mr. DeAngelis stated that they would like to start construction before winter. The Board discussed the application. The matter was adjourned to October 8, 2014 WFGC - Restoration of the staging area - Consideration Darius Chafizadeh, Michele McCauley and Colin Burns addressed the Board. There was a site visit on 9/3/2014, Joe Cermele walked several members of the CZMC and Planning Board though the site. 5 The matter is due back to the CZMC 9/22/2014. The next Court date is scheduled for 9/15/2014. Mr. Ortiz stated that what is before the court and the Planning Board are different. Mr. Ortiz stated that this is still on for consideration and the Planning Board needs to hear from the Coastal Zone Management Commission and Mr. Oliveri's letter needs to be addressed by the applicant. Mrs. Stiers thanked the Board for the site visit, stating that her concerns are still the same. The matter was adjourned to October 8, 2014. 851 Fenimore Road -Winged Foot Golf Club (reconvened) The matter was reconvened after the Board discussed the possible changes to the resolution. Ms. Hochman, read the 2 new "Whereas" clauses into the record. The Board discussed the amended draft resolution including the Planning Board's findings. Motion: To approve the draft resolution, as revised Action: Approved Moved by Ira Block, Seconded by Elizabeth Cooney. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Edmund Papazian, Elizabeth Cooney, George Roniger, Ira Block, John Ortiz, Ralph M. Engel, alternate, Stephen Marsh. Absent: Ellen Dunkin Resolution On motion of Ira Block seconded by Elizabeth Cooney the application of Winged Foot Golf Club (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 for (i) installation of a secondary stormwater culvert to provide emergency overflow to the existing 6 watercourse and (ii) reconstruction of the existing putting green and adjacent sand bunkers (the "Proposed Action"); and WHEREAS, the subject property is 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, 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 Coastal Zone Management Committee ("CZMC") considered the Proposed Action at its meeting on July 28, 2014 and issued a letter dated August 11, 2014 (the "CZMC Letter"), 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 Environmental Coordinator represented that CZMC reviewed and discussed the Proposed Action and determined potential downstream impacts to be negligible; and WHEREAS, the Planning Board conducted a Public Hearing pursuant to the Wetlands Law §114-7(C) on August 13 and September 10, 2014; and WHEREAS, 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: "Drainage Improvements for 14-E Fairway", prepared by Kellard Sessions Consulting, P.C. (the "Applicant's Engineer") dated January 24, 2014, revised August 14, 2014 Cover Sheet Sheet 1/3 Existing Conditions Plan Sheet 2/3 Drainage Improvement Plan Sheet 3/3 Details and Notes WHEREAS, the Applicant's Engineer represented and the Town's Consulting Engineer concurred that the Proposed Action would not increase water volume and that any change in the rate of water discharge would be negligible; and 7 WHEREAS, an earlier version of this application contemplated work on neighboring property located at 227 Griffen Avenue but the Applicant has scaled back the Proposed Action so that the scope of work is entirely on the Property (as hereinbefore defined); and WHEREAS, in accordance with Wetlands Law §114-7(D), the Board has considered the following: 1. all available reports concerning the Proposed Action from other commissions, including the CZMC, and Town, County, State and/or Federal agencies; 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 finds the Proposed Action will provide only positive environmental impacts to the stream and down-gradient wetlands because it will remove sediment deposits, leaf and vegetative litter that could potentially compromise the natural ecology of the stream and reduce the flow capacity to safely convey contributing stormwater flows. Additionally, the installation of a trash rack to facilitate long-term stream maintenance will ensure adequate stream flow. The Planning Board further finds that incorporation of the proposed emergency overflow conveyance system will enhance the stream's ability to adequately convey storm water during extreme storm events or in the event of a temporary failure of the existing conveyance, which will benefit the Applicant as well as adjacent properties. Finally, the Planning Board finds that the reconstruction of the existing putting green and adjacent sand bunkers gives rise to no potential environmental impact because it is located in the area of an existing golf course. b. the alternatives to the Proposed Action; and The Planning Board finds that consideration of alternatives is not necessary in this case because the Application has no discernable negative impacts. 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 the Proposed Action will improve wetland functions because it will remove debris and improve the flow of stream water and provide an overflow capacity for excess storm water. 3. the availability of preferable alternative locations for the Proposed Action on the subject parcel; The Planning Board finds there is no other reasonable location for the Proposed Action because the emergency overflow conveyance system is proposed immediately adjacent to 8 the existing piping system, which will minimize disturbances to other areas of the golf course and allow the Applicant to utilize the same inlet/discharge points of the stream. Further, the Planning Board finds that there is no other reasonable location for the reconstruction of the existing putting green and adjacent sand bunkers. 4. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that the Proposed Action utilizes all technical improvements necessary to lessen the impacts offuture flooding events in the vicinity of the Property and improve the flow of water through the stream and,further, provides the necessary safeguards and protections for the reconstruction of the existing putting green and adjacent sand bunkers. 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 by removing debris and litter from the stream, the Proposed Action is likely to increase the natural function and capacity of the stream course and nearby wetlands, providing ecological improvements and enhancing flood control. 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 the public benefits include improved function of the stream including downstream wetlands and reduced potential for flooding of the golf course and nearby properties. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non-significance (the "Negative Declaration") dated September 10, 2014, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED that the Planning Board further 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 9 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 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 submitted in connection with the Application: "Drainage Improvements for 14-E Fairway", prepared by Kellard Sessions Consulting, P.C. and dated January 24, 2014, revised August 14, 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. 10 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: Ira Block, Elizabeth Cooney, George Roniger, John Ortiz, Steve Marsh, Ralph Engel, Edmund Papazian Against: None Absent: Ellen Dunkin This decision was filed with the Town Clerk. NEW BUSINESS Jaine Elkind-Eney stated that the Town Board discussed the issue of construction hours and they are waiting for the Planning Board's input. Mr. Ortiz replied that the greater concern is the level of enforcement, and further stated to leave the hours as they are presently. ADJOURNMENT Motion: To adjourn the meeting at 10:48P.M. Action: Approved Moved by Edmund Papazian, Seconded by George Roniger. Minutes Prepared by Francine M. Brill, Planning Board Secretary 11