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HomeMy WebLinkAbout2019_12_11 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD IN CONFERENCE ROOM C OF THE TOWN CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK DECEMBER 11, 2019 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Ira Block, Edmund Papazian, John Cuddy, Alternate Also Present: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning Board, Elizabeth Aitchison, Town Environmental Planner, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison. Absent: Ron Mandel CALL TO ORDER The meeting was called to order at 7:33 P.M. MINUTES The draft minutes of November 13, 2019 were discussed. Motion: To approve the minutes of November 13, 2019, as modified Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney Mr. Engel stated that application No. 2,ACURA of Westchester, 2155 Palmer Avenue on the agenda requested an adjournment. He further stated that the application for 220 Hommocks Road was incomplete as the application was not signed by the owner and the Board can't hear an incomplete application. Mr. Wasp stated that this was a clerical error, the owner and his legal representative are present and can sign the application now and Ms. Brill can notarize the signatures. The owner did so as did Ms. Brill. 44 Edgewood Ave Dorothea Tomczyk—Final Subdivision Plat—Pubic Hearing Mr. Wasp stated that on Monday the applicant received Westchester County Health Department approval and a"will serve" letter. He confirmed that all necessary certifications have been submitted and the Board can proceed with a public hearing. Ms. Brill stated that the application was duly noticed. Ms. Hochman explained that the prior hearing on the preliminary layout was closed and this is a new public hearing. Ms. Aitchison prepared a draft determination of significance and read it into the record. The Board discussed the draft negative declaration. 1 Motion: To adopt the draft Negative Declaration Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney Mr. Engel signed the Negative Declaration and stated that the Board is dealing only with the subdivision at this time. Michael Stein, of Hudson Engineering, stated that the two proposed lots are 6,000 and 6500 square feet. Motion: To open the public hearing Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Ms. Aitchison asked if there are any changes from the preliminary layout and Mr. Stein responded no. Mr. Wasp stated that the assessor has assigned new tax lot numbers. No member of the audience made any comments. Motion: To close the public hearing Action: Unanimously approved Moved by Edmund Papazian, seconded by Ira Block The Board discussed the draft resolution with tracked changes. Motion: To approve the draft subdivision resolution, as modified Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block RESOLUTION Final Subdivision Approval 44 Edgewood Avenue, Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Ira Block, the application of Dorothea Tomczyk (the "Applicant") for approval of a final subdivision was granted by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was unanimously adopted by a vote of 5 to 0, with no abstentions. WHEREAS, the subject property is located at Section 1, Block 23 Lot 249 with a street address of 44 Edgewood Avenue in the Town of Mamaroneck (the "Subject Property"); and WHEREAS, the Applicant filed an application for the subdivision of one lot into two lots (the "Proposed Action") pursuant to Chapter 190 of the Town of Mamaroneck Code (the 2 "Subdivision Law"); and WHEREAS, any development of the newly subdivided lot would require compliance with the Town's Residential Site Plan law as codified in Chapter 178 of the Town Code; and WHEREAS, the Applicant has provided all information required by the Subdivision Law and the Application was deemed by the Board to be complete; and WHEREAS, a duly noticed public hearing on the preliminary layout was conducted on October 16, 2019 and the Board voted to deliver its tentative conclusions to the Applicant pursuant to Section 190-7 of the Subdivision Law (Decision on Preliminary Layout); and WHEREAS, Section 190-8(A) of the Subdivision Law provides that, before the Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval, without qualification, of the Westchester County Department of Health, Westchester Joint Water Works and any other agency having jurisdiction over the premises (together, the "Necessary Certifications"); and WHEREAS, at the Board meeting on December 11, 2019, the Town Engineer confirmed that the Necessary Certifications have been secured and stated that the Applicant's submission satisfied the requirements of Section 190-8 of the Subdivision Law (Submission of final layout; certificate of approval); and WHEREAS, the Building Inspector, Town Engineer and Town Consulting Engineer reviewed the subdivision plat prepared by The Munson Company, dated August 28, 2019; and WHEREAS, as stated in a memo, dated October 16, 2019, the Building Inspector determined that the two lots resulting from the proposed subdivision would be zoning compliant; and WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Coastal Zone Management Commission of the Town of Mamaroneck ("CZMC") reviewed the Proposed Action and issued a letter to the Planning Board, dated November 5, 2019 (the "CZMC Letter"), stating that the proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, the CZMC Letter further stated: "In order to preserve the mature trees on Lot 1, CZMC recommends that the house on Lot 1 be constructed and completed first, using the property of Lot 2 for parking, staging and material storage. Then after the work on Lot 1 has been completed, work should begin on Lot 2." and WHEREAS, the Proposed Action is an unlisted action pursuant to the New York State Environmental Quality Review Act ("SEQRA") and the Environmental Quality Review regulations found in Chapter 92, Article 1 of the Town Code ("MEQR"); and 3 WHEREAS,the Board reviewed a draft determination of non-significance of the Proposed Action (the "Negative Declaration") on December 11, 2019; and WHEREAS, a duly noticed public hearing on the final plat was conducted on December 11, 2019; and WHEREAS, the Planning Board has considered the Application and the subdivision plat; comments and responses to questions by the Applicant and its representatives; the memos, letters, reports and comments of the Town Engineer, the Town Environmental Planner and the CZMC, and has heard and read testimony and reviewed other submissions from interested members of the public and its consultants and counsel. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the adoption of the Negative Declaration" dated December 11, 2019, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED, that approval of the Proposed Action is hereby GRANTED with conditions for the subdivision of the Subject Property in accordance with the following: 1. Any development on either new, subdivided lot shall require compliance with Chapter 178 of the Town Code (Residential Site Plan Law). 2. Except as otherwise provided in a Residential Site Plan approval relating to one or both of the new lots, any site work shall be in accordance with the subdivision plat hereby approved and shall comply in all respects with applicable town, county, state and federal requirements. 3. In the event that any subsequent permits or approvals require any modification to the subdivision plat approved by this resolution, a determination shall be made by the Town Engineer and Town Building Inspector as to whether the modification is substantial and, therefore, must be returned to the Planning Board for its consideration and approval. 4. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successor or assign in/of any ownership interest of the Subject Property or any portion thereof. 5. The Applicant shall comply with the recommendations of the CZMC Letter, as hereinabove set forth, as to construction of new houses on the subdivided lots. This decision shall be filed with the Town Clerk. 14 Wildwood Circle - Suzanne Wahrhafig— Site Plan Approval & Wetlands and Watercourses Permit - Consideration Benedict Salanitro, the applicant's engineer, stated that they are before the Planning Board for 4 site plan approval and a Wetland and Watercourses permit for replacement of the existing, failing septic system. Mr. Salanitro further stated as follows: After extensive analysis, there is no alternative to salvage the existing system because it is operating at a low efficiency. The owners plan to vacate the house for approximately one month during the construction. The plan calls for the area to be raised three feet with fill so the system will function properly. To stabilize the embankment the rear yard will slope from the river wall back 0-3 feet, creating a slight change in grade. The critical area will have imported, regulated fill. The seawall height was discussed and Mr. Salanitro stated that it will remain exactly the same and the land near will remain the same. The facade of the wall to the neighbor's property was discussed and Mr. Salanitro stated that the same type of natural stone would be used. Flooding was discussed. Jeremy Rainato, the consultant from the septic company, stated that there will no problem with the system if the property floods and there would be no damage to the river. The system will be placed 50 feet from the river. Mr. Salanitro stated that no permit is required from New York State Department of Environmental Conservation (DEC) and Mr. Wasp requested that the applicant get a letter from the DEC stating that it does not require a permit. Mr. Block asked the age of the present system and why it failed. Mr. Rainato responded that it is 40-50 years old and it was a natural, biological failure. Ms. Cooney asked about the number of trucks bringing in fill and whether there will be removal of contaminated soil. Mr. Rainato stated that all soil will be used on site and Mr. Wasp stated that the imported soil is required to support the system. Mr. Rainato stated that the applicant is going above and beyond Westchester County Health Department requirements for septic systems. Mr. Oliveri stated that he would have to take a look at the flood plain, as it seems to require a net volume decrease. He further stated that the fill and grading seem to shed water on either side, and it should be directed differently. Mr. Salanitro stated that he understands the concerns. Existing storm water management was discussed and Mr. Salanitro stated that the existing rain gardens will remain. Ms. Aitchison stated that an Environmental Assessment Form (EAF) is required for New York State Environmental Quality Review (SEQR), and requested that tidal wetlands be shown on the plan. 5 Mr. Salanitro asked to be referred to the next meeting of the Town Coastal Zone Management Committee (CZMC), and requested a public hearing be scheduled for January. The applicant was thus referred to the CZMC. Motion: To set a public hearing for January 8, 2020 Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney 220 Hommocks Road -Beaumer, LLC - Site Plan Approval & Wetlands and Watercourses Permit - Consideration Tim DiBartolomeo, the applicant's representative, gave an overview of the project: The parcel is 4 acres in a R-50 Zone district. The plan is to repair the site, rebuild the waterfront, relocate and raise the pool, rebuild the pool house and tennis court, renovate the dock, and replace the septic system. Mr. DiBartolomeo further stated, that the proposed cove area is where the seawall failed and, rather than fight Mother Nature, they plan to create the cove. They also proposed a new, sloping lawn, a new tennis court with a hard-tru surface, and a new tennis house to replace an existing stone structure that was part of a green house. He showed renderings of what is proposed and stated that the view will be improved —both from the applicant's property and from the neighbor's property. He further explained that the applicant is having ongoing and productive conversations about the repair of the seawall with DEC and the New York State Department of State (DOS) and that some work will entail removing a portion of the lawn and seawall to create a new tidal wetland area. Benedict Salanitro explained the following: the utilities, which are proposed to be underground, flood zone proposed improvements, the proposed rain garden to improve water quality, and replacement of the septic system. He stated, that the proposed plan is an effort to revive and defend the property from Mother Nature. The Board members and representatives of the applicant discussed the implications of the property being located in a flood zone. Mr. Oliveri stated that while the report from RACE stated there is no effect on wave height. He needs to review the Town's flood prevention code to determine whether any additional requirements or waivers/variances are necessary. Mr. Hochman stated the Board is authorized to grant a variance from Town Code flood zone requirements. Mr. DiBartolomeo stated that during a flood event there will be no measurable impact because they are not creating land or changing the interface where land and water meet. The dock was discussed and Mr. Eggers explained that it is proposed to be 16 feet wide by 50 feet long and that this design has been submitted to the DEC. Ms. Aitchison stated that the DOS has indicated that the dock is too wide and awaits the Town's CZMC determination. The increase of impervious surface was discussed and Mr. Salanitro stated that it is being addressed with rain gardens, but they have not gotten that far in the plan detail. They are only addressing water quality issues, not quantity of water. Mr. Wasp stated that for the new structures that are added or replaced all storm water needs to be captured on site. 6 The applicant would like to start the work in March and Mr. DiBartolomeo asked to be referred to the January meeting of the CZMC. The matter was referred to the CZMC January 27, 2020 meeting. Mr. Salanitro requested that the public hearing be set for January 8, 2019, and acknowledged that no final approval would be granted on that change since the applicant will not yet met with the CZMC Motion: To set a public hearing Action: Unanimously approved Moved by Ira Block, seconded by Edmund Papazian NEW BUSINESS A proposed local law to amend rock removal in the Town was discussed. Mr. Engel stated that he felt the Board's requirements imposed in recent residential site plan approval resolutions were clearer and more exact than the proposed local law. Mr. Engel distributed a draft of a revised version of the proposed law. Ms. Fiddelman explained that Town residents have complained about noise and the length of time allowed for chipping. ADJOURNMENT The meeting was adjourned at 9:39 P.M. Minutes prepared by Francine M. Brill Planning board of Appeals Secretary 7