HomeMy WebLinkAbout2020_03_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
MARCH 11,2020
Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Ira Block, Ron Mandel, John
Cuddy, Alternate, Sarah Dunn, Alternate
Also Present: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning Board,
Elizabeth Aitchison, Town Environmental Planner, Anthony Oliveri, Consulting Engineer,
Absent: Sabrina Fiddelman,Town Board Liaison
CALL TO ORDER
The meeting was called to order at 7:31 P.M.
MINUTES
Motion: To approve the minutes of February 5, 2020 as modified
Action: Approved
Moved by Elizabeth Cooney, seconded by Ron Mandel
Vote: Elizabeth Cooney, Ira Block, Edmund Papazian, Ron Mandel, John Cuddy
Abstained: Ralph Engel
1. 220 Hommocks Road — Residential Site Plan and Wetlands & Watercourses Permit —
Beaumeer, LLC —Public Hearing
The public hearing continues from last month. Benedict Salanitro,the applicant's Engineer,stated
that the outside permits will be obtained shortly. He gave a quick update of the proposal.He stated
that there is a new planting and tree removal plan but the scope of work has not changed.
The Board discussed the plan.
There were no public questions or comments.
Motion: To close the public hearing
Action: Unanimously approved
Moved by Ronald Mandel, seconded by Elizabeth Cooney
Motion: To approve the draft wetlands and watercourses permit with technical corrections
Action: Unanimously approved
Moved by: Elizabeth Cooney, seconded by Ira Block
Motion: To approve the draft residential site plan
Action: Unanimously approved
Moved by Ron Mandel, seconded by Ira Block
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RESOLUTION
WETLANDS& WATERCOURSES PERMIT
220 Hommocks Road
Town of Mamaroneck,New York
On motion of Elizabeth Cooney, seconded by Ira Block, the application of Beaumere, LLC (the
"Applicant") for approval of a wetlands and watercourses permit was unanimously APPROVED
by the Planning Board of the Town of Mamaroneck(the"Board")upon the following resolution,
which was adopted by a vote of 5 to 0, with no abstentions.
WHEREAS,the Property is located at 220 Hommocks Road known on the Tax Assessment map
as Section 4,Block 16,Lot 1 and within the R-50 Residential District in the Town of Mamaroneck,
New York [the "Property"]; and
WHEREAS, the Applicant proposes to construct a tennis court, swimming pool, accessory
structures, a new septic system, a pier and floating dock and repair and modify the sea wall (the
"Proposed Action"); and
WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application
at its meeting on January 27, 2020 and issued a letter to the Planning Board, dated January 30,
2020 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with
the Local Waterfront Revitalization Program ("LWRP"), provided that the applicant obtain the
required documentation and approvals from federal and New York State agencies which are
necessary to permit the Proposed Action; and
WHEREAS, the Town Engineer, the Town Building Inspector and Dolph Rotfeld Engineering,
division of AI Engineers, Inc., PC (the "Town's Consulting Engineer") reviewed the following
plans (hereinafter referred to as the"Plans"):
• Drawings Titled: `Beaumere, LLC", Sheets: "ER-1" & "ER-2", prepared by Benedict A.
Salanitro, P.E., P.C., dated November 11, 2019 and last revised on December 19, 2020;
• Drawings Titled: "220 Hommocks Road Residence", Sheets: "L-001"—"L-900",prepared
by SCAPE landscape architecture, DPC, dated November 26, 2019, last revised February
26, 2020
• Drawing Titled:"Property at 220 Hommocks Road", Sheet"A100",prepared by Katherine
Martin, Architect, dated November 6,2019.
WHEREAS, a duly noticed public hearing for the Application was held on January 8, February 5
and March 11,2020,concurrent with a separate application for residential site plan approval pursuant
to Chapter 178 of the Town Code; and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to
the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A,
subparagraph(8)of the Town of Mamaroneck Environmental Quality Review Law and,accordingly,
no further environmental review is required; and
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WHEREAS, the Applicant has applied to the Westchester County Department of Health
(WCDOH) to obtain necessary permit(s) for septic system remediation (the "WCDOH
Approval"); and
WHEREAS, according to the Consulting Engineer, the Property is located in an Area of Special
Flood Hazard, FEMA Zone AE as defined in Chapter 110 of the Town Code and is subject to the
requirements codified in §110-21 of the Town Code; and
WHEREAS,the Applicant submitted a letter to the Town's Consulting Engineer,dated December
20, 2019, concluding that "flood storage capacity and increase in water surface elevation as it
relates to fill in the flood zone is not a concern for coastal areas in general, and specifically not for
this site as it is not in a regulatory floodway and it is not anticipated to increase the water surface
elevation of the base flood by more than 1 foot"; and
WHEREAS,the Town's Consulting Engineer stated that a flood damage prevention variance with
respect to Town Code §110-21(E) is necessary; and
WHEREAS, in connection with the Applicant's request for such variance, the Planning Board
considered all technical evaluations and the relevant factors enumerated in Town Code §110-
25(D); and
WHEREAS, in accordance with §114-7(D) of the Town Code, the Board has considered the
following:
I. all available reports concerning the Proposed Action from other commissions,
including the CZMC, and any Town, County, State and/or Federal agencies, as well as
members of the public;
II. 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 determined that there is no negative environmental impact because
the vertical seawalls will be reduced and new tidal wetlands will be created resulting in
improved access and connectivity to the water.
b. the alternatives to the Proposed Action:
The Planning Board determined that the alternatives to the Proposed Action that included
repairing the seawall in place and leaving the existing pool and tennis court in their current
location, would leave these elements vulnerable to future storm impacts. The relocation
and redesign of these improvements will improve their storm resilience.
c. the impact of the Proposed Action on wetland functions and the benefits as set forth
in §114-1 of the Town Code:
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Any work conducted within the tidal wetlands areas that surround the Property will be
conducted only after approval by applicable New York State and federal agencies. This
work will include the repair of the seawall, and the installation of a gazebo, pier and
floating dock Work to be conducted upland of these wetlands will utilize required sediment
and erosion control practices during construction that will help protect these tidal
wetlands areas. Elements of the Proposed Action will improve water quality in the
surrounding wetlands areas and Long Island Sound and include the replacement of the
septic system, installation of rain gardens, and the use of native plants in the restoration
of the site.
III. The availability of preferable alternative locations for the Proposed Action on the
subject parcel:
The Planning Board determined that there are no suitable alternative locations on the
Property for the proposed pool, tennis court and accessory structures. These are being
moved from their existing locations in order to make them more resilient to future storms.
IV. the availability of further technical improvements or safeguards that could feasibly be
added to the proposal;
The Planning Board determined the Proposed Action requires no further technical
improvements because a new, state-of-the-art septic system will be installed, repairs will
be made to the seawall and new tidal marshes will be created in accordance with
applicable New York State and federal requirements and during construction temporary
safeguards will be utilized for erosion and sediment control.
V. 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;
The Planning Board determined that use of erosion control measures during construction,
installation of a new septic system, and the planting of native species will help protect the
wetland's natural capacity to support desirable biological life and control sedimentation.
VI.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 determined that the proposed improvements will enhance the Property
without diminishing the health,safety or welfare of neighbors or the general public. The Applicant
has demonstrated that the pier, gazebo and floating dock as proposed will be of the same size and
shape, and in the same location as they were historically with no interference to navigation.
WHEREAS, the Planning Board has considered the Application and Plans; comments and
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responses to questions by the Applicant and its representatives; the memos, letters, reports and
comments of the Town Engineer,Town Building Inspector,Town Environmental Planner,Town's
Consulting Engineer and CZMC; and has heard and considered the comments of interested
members of the public.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby finds, pursuant to
§114-7(E)of the Town Code,based on the record before it and after due consideration of the above
criteria set forth in §114-7(D), that the Applicant's proposed regulated activity is consistent with
the purposes of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses
Protection Law of the Town of Mamaroneck, as set forth in §114-1 and that the action to be taken
will minimize all adverse effects on such policy to the maximum extent practicable:
• 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
• To ensure maximum protection for wetlands and watercourses by discouraging degradation
within them and within their buffers that may adversely affect these natural resources;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 Board APPROVES a flood damage prevention
variance from Town Code Chapter 110, in accordance with the requirements therein.
BE IT FURTHER RESOLVED, that the Planning Board GRANTS the Wetlands and
Watercourses Permit as reflected in the hereinabove identified Plans submitted in connection with
the Application, subject to the following terms and conditions:
1. All site work shall be in accordance with the latest revised Plans, as herein referenced, as
modified in accordance with the specific conditions hereinafter set forth.
2. Any and all applicable county,state,federal and regional permits,including,but not limited
to, those identified in Paragraphs 14, 18 and 19 below, shall be obtained prior to the
issuance of any Town permits except, as otherwise permitted by the Town Engineer in
consultation with the Town Building Inspector and the Town Environmental Planner.
3. No certificate of completion shall be issued until all of the required conditions of this
approval have been met.
4. Prior to the commencement of construction, appropriate measures shall be undertaken to
control erosion and minimize water turbidity during construction, including installation
and maintenance of tree protection measures approved by the Town Environmental
Planner.
5. The Applicant will arrange a pre-construction meeting with the Town Engineer and the
Town Building Inspector as well as the Town Environmental Planner, prior to any site
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disturbance. The Applicant shall notify the Town Engineer as well as the Town
Environmental Planner, at least three(3) full, consecutive working days in advance of any
site disturbance, to inspect the installation of erosion and sediment control devices, and
tree and wetland protection measures.
6. Work conducted under Town permits shall be open to inspection at any time, including
weekends and holidays, by the Town Building Inspector,the Town's Consulting Engineer
and Town Environmental Planner or their designated representative(s).
7. The Wetlands and Watercourses Permit shall expire one year from the date it is issued.
8. All permits shall be maintained and prominently displayed at the project site during the
undertaking of the activities authorized by the permits.
9. Violation of any of the conditions imposed herein may result in revocation of the Wetlands
and Watercourses Permit and any other permits the Town Building Inspector or Town
Engineer may deem appropriate.
10. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal
to the estimated cost of the improvements within the wetland buffer. This can be combined
with the Erosion and Sediment Control Permit bond to ensure satisfactory completion of
the project and the rehabilitation of the affected or disturbed areas.
11. The term "Applicant" is used herein with the intent to impose a future obligation or
condition, and shall include the Applicant,as defined above,and any successors or assigns
in/of ownership interests in the Property or any portion thereof.
12. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer, the
Applicant shall incorporate a note on the Plans to indicate the source of imported fill and
that all imported fill material shall consist of clean soils capable of meeting the soil
constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10
technical memorandum.
13. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer, the
Applicant shall submit all trucking manifests for imported soils.
14. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer,
Applicant shall provide documentation of having obtained permit coverage under the
NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity
(Permit#GP-0-20-001).
15. Prior to the issuance of Town permits and to the satisfaction of the Town Engineer in
consultation with the Town's Consulting Engineer,the Applicant shall provide a finalized
Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of
the NYSDEC SPDES General Permit for Stormwater Discharges from Construction
Activity. (Permit#GP-0-20-001).
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16. Upon completion of site work and establishment of final stabilization, and prior to the
issuance of a Town certificate of completion, the Applicant shall provide documentation
of having filed Notice of Termination for project coverage under NYSDEC SPDES
General Permit(Permit#GP-0-20-001).
17. Prior to the issuance of a building permit for the construction of the gazebo,pier,dock and
seawall, and to the satisfaction of the Town Building Inspector,the Applicant shall provide
documentation of having secured all appropriate licenses, easements and/or permits for
proposed construction activities outside the Property limits along the waterbody frontage.
18. Prior to the issuance of any Town permits,the Applicant shall obtain any and all applicable
federal and state permits/authorizations, including, but not limited to: (a) tidal wetlands
permit, (b) construction, reconstruction or expansion of docking and mooring
facility, (c)water quality certification and(d) excavation and fill in navigable waters
19. Prior to the issuance of Town permits, the Applicant shall secure WCDOH Approval for
all proposed remediation to the on-site septic system.
a. If such improvements are eliminated from the Proposed Action, Applicant shall submit
revised Plans removing all references to proposed on-site septic system modifications and
the Town Engineer and Consulting Engineer shall determine that the existing septic system
requires no modifications.
20. Notwithstanding what may be shown on the Plans,this approval is confined to that portion
of the Property owned by the Applicant, specifically excluding lands now or formerly
underwater which are subject to New York State and/or federal jurisdiction.
This decision is hereby certified and shall be shall be filed with the Town Clerk
RESOLUTION
Residential Site Plan Approval
220 Hommocks Road
Town of Mamaroneck,New York
On motion of Ron Mandel, seconded by Ira Block,the site plan application of Beaumere,LLC(the
"Applicant")was APPROVED by the Planning Board of the Town of Mamaroneck(the"Board")
upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions.
WHEREAS,the Applicant has applied for residential site plan approval to construct a tennis court,
swimming pool, accessory structures, a new septic system, a pier and floating dock and repair and
modification of the seawall(the"Application")at property located at 220 Hommocks Road,Town
of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck
as Section 4, Block 16, Lot 1 (the "Property"); and
WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter
178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); and
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WHEREAS,the Applicant has provided all information required by the Residential Site Plan Law
and the Application was deemed by the Board to be complete; and
WHEREAS,the Town Building Inspector,in a memorandum dated March 4,2020,stated that the
proposed site work is zoning compliant; and
WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in
accordance with §178-9 of the Residential Site Plan Law and no comments were received; and
WHEREAS, the Town Engineer, the Town Building Inspector and Dolph Rotfeld Engineering,
division of AI Engineers, Inc., PC (the "Town's Consulting Engineer") reviewed the following
plans(hereinafter referred to as the "Plans"):
• Drawings Titled: `Beaumere, LLC", Sheets: "ER-1" & "ER-2", prepared by Benedict A.
Salanitro, P.E., P.C., dated November 11, 2019 and last revised on December 19, 2020;
• Drawings Titled:"220 Hommocks Road Residence", Sheets: "L-001"—"L-900",prepared
by SCAPE landscape architecture, DPC, dated November 26, 2019, last revised February
26, 2020
• Drawing Titled: "Property at 220 Hommocks Road", Sheet"A100",prepared by Katherine
Martin,Architect, dated November 6, 2019.
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, on January 8, February 5 and March 11, 2020 the Planning Board held a duly noticed
concurrent public hearing as to the Application for this residential site plan approval as well as a
separate application for a wetlands and watercourses permit pursuant to Chapter 114 of the Town
Code; and
WHEREAS, in accordance with Chapter 234 of the Town Code, the Application was referred to
the Coastal Zone Management Commission of the Town of Mamaroneck("CZMC"); and
WHEREAS,pursuant to the requirements of Chapter 234 of the Town Code,the CZMC reviewed
the Application at its meeting on January 27,2020 and issued a letter to the Planning Board,dated
January 30, 2020, (the"CZMC letter"),stating that the proposal is consistent with the policies of
the Local Waterfront Revitalization Program; and
WHEREAS, the Applicant has applied to the Westchester County Department of Health
(WCDOH) to obtain necessary permit(s) for septic system remediation (the "WCDOH
Approval"); and
WHEREAS, the Planning Board has considered the Application; comments and responses to
questions by the Applicant and its representatives; the CZMC Letter;the reports and comments of
the Town's Consulting Engineer; and the written and oral comments of interested members of the
public; and
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WHEREAS, this is a Type II action having no significant impact on the environment pursuant to
the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A,
subparagraph(8)of the Town of Mamaroneck Environmental Quality Review Law and,accordingly,
no further environmental review is required; and
WHEREAS, the Board finds that the Application conforms to the standards established by §178-
12 of the Residential Site Plan Law.
NOW,THREFORE,BE IT RESOLVED,that the Planning Board APPROVES the Application
as reflected in the hereinabove specified Plans submitted in connection with the Application,
subject to the following terms and conditions:
1. All site work shall be in accordance with the latest revised Plans, as hereinabove
referenced, as conditioned and/or modified in accordance with the direction of the Board,
which modifications were agreed to by the Applicant.
2. Any and all applicable county, state, federal and regional permits shall be obtained prior to
the issuance of any Town permits, except as otherwise permitted by the Town Engineer in
consultation with the Town Building Inspector and the Town Environmental Planner.
3. Pursuant to §178-16 of the Town Code, in the event that subsequent events may require
any modification to the site plan approved by this resolution,a determination shall be made
by the Town Building Inspector in consultation with the Town Engineer as to whether the
modification is substantial and should be further considered by the Planning Board.
4. The Applicant will arrange a pre-construction meeting with the Town Engineer and the
Town Building Inspector as well as the Town Environmental Planner, prior to any site
disturbance. The Applicant shall notify the Town Engineer as well as the Town
Environmental Planner, at least three(3) full, consecutive working days in advance of any
site disturbance, to inspect the installation of erosion and sediment control devices, and
tree and wetland protection measures.
(a) The Applicant shall also notify the Town Highway Department at least three (3) full,
consecutive working days prior to scheduled delivery of large tree plantings requiring
transportation by tractor trailer to the Property.
5. Work conducted under Town permits shall be open to inspection at any time, including
weekends and holidays, by the Town of Mamaroneck Building Inspector, the Town
Engineer and the Town Environmental Planner or their designated representative(s).
6. Prior to the issuance of a certificate of completion,the Applicant shall deliver to the Town
Building Inspector an"as built"survey,including,but not limited to,the new septic system.
7. In accordance with §178-17.B of the Residential Site Plan Law, no certificate of
completion shall be issued until all of the required conditions of this approval have been
met.
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8. 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 assignee in/of an
ownership interest of the Property or any portion thereof.
9. All tree removal, protection and required landscape plantings shall be in compliance with
the approved Landscape Plan and Chapter 207 of the Town Code(Trees),to the satisfaction
of the Town Environmental Planner.
10. The Applicant shall address all outstanding technical review comments to the satisfaction
of the Town Engineer prior to the issuance of any Town permits.
11. In accordance with §178-14 of the Town Code, the Applicant shall be required to pay to
the Town its actual cost of technical reviews,including,without limitation,consulting fees,
prior to the issuance of any Town permits.
12. Prior to the issuance of Town permits, the Applicant shall secure WCDOH Approval for
all proposed remediation to the on-site septic system
a. If such improvements are eliminated from the Proposed Action, Applicant shall submit
revised Plans removing all references to proposed on-site septic system modifications and
the Town Engineer and the Town's Consulting Engineer shall determine that the existing
septic system requires no modifications.
13. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer, the
Applicant shall submit all trucking manifests for imported soils.
14. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer,
Applicant shall provide documentation of having obtained permit coverage under the
NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity
(Permit#GP-0-20-001).
15. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer in
consultation with the Town's Consulting Engineer, the Applicant shall provide a finalized
Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of
the NYSDEC SPDES General Permit for Stormwater Discharges from Construction
Activity. (Permit#GP-0-20-001).
16. Upon completion of site work and establishment of final stabilization, and prior to the
issuance of a Town certificate of completion, the Applicant shall provide documentation
of having filed Notice of Termination for project coverage under NYSDEC SPDES
General Permit(Permit#GP-0-20-001).
17. Prior to the issuance of a building permit for the construction of the gazebo,pier,dock and
seawall,and to the satisfaction of the Town Building Inspector,the Applicant shall provide
documentation of having secured all appropriate licenses, easements and/or permit for
proposed construction activities outside the Property limits along the waterbody frontage.
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18. (a)To the satisfaction of the Town Engineer, and in conformance with the requirements of
Section 106.58.1 of the Town Code,the Applicant shall hire and compensate a professional
firm(hereinafter referred to as the"Professional Firm")to inspect and record the condition
of all structures(including retaining walls)adjacent to or across the street from the Property
prior to the commencement of rock chipping, and to monitor and document rock chipping.
(b) Within a reasonable time prior to the start of mechanical rock excavation, all residents
of adjoining properties and any additional nearby properties recommended by the
Professional Firm shall be contacted, in writing,to arrange a pre-condition survey.
(c)The Applicant shall be required to pay the reasonable cost of repairs resulting from
damage caused by rock removal.
(d) Prior to issuance of a certificate of completion, the Applicant shall submit to the
satisfaction of the Town Engineer all inspection reports related to rock removal.
19. (a) No mechanical rock excavation Permit or blasting permit shall be issued unless the
applicant has a dust mitigation plan approved by the Building Department. Such dust
mitigation plan shall incorporate the best dust control practices including, but not limited
to,a water spray system(air suppression or surface wetting).All dust mitigation plans shall
include measures to control water runoff as a result of any water spray program.
(b)Trucks and other vehicles used to transport particulate matter shall be covered and any
particulate matter kept on site shall be sufficiently wetted or stored to prevent particulate
matter from becoming airborne.
(c) Portable hand water sprinklers or hose sprinklers are acceptable means of wetting for
dust control. The water sprays or jets shall be designed to break the water stream into small
droplets or otherwise to provide effective wetting.
(d) Suitable drainage means shall be provided for the removal of water and sludge which
drains from the operation.
(e) Soil or debris piles shall be moistened if dust is being emitted from the piles due to
prevailing winds and not from a momentary gust.Adequately secured tarps,plastic or other
material may be required by the Building Department to further reduce dust emissions.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk
2. 44 Edgewood Avenue- Residential Site Plan—Dorothea Tomczyk- Public Hearing
Michael Stein,the applicant's engineer,addressed the Board to explain the application for site plan
approval for the two lots,
The Board discussed the requirements of the recent subdivision with respect to preservation of
trees.
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Ms. Brill stated that the matter was duly noticed.
Motion: To open the public hearing
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ron Mandel
There were no public questions or comments and the public hearing remains open.
3. Judson Street- Residential Site Plan—Dorothea Tomczyk- Public Hearing
This is the second lot created by the Edgewood subdivision. Ms. Brill stated that the matter was
duly noticed.
Motion: To open the public hearing
Action: Unanimously approved
Moved by Ira Block, seconded by Elizabeth Cooney
There were no public questions or comments and the public hearing remains open.
4. 251 Murray Avenue- Residential Site Plan—PDF02,LLC—Public Hearing
Ms. Brill stated that the matter was duly noticed.
Michael Stein, the applicant's engineer, stated that they appeared before the Coastal Zone
Management Commission(CZMC)and the application was deemed to be consistent with the Local
Waterfront Revitalization Plan. He further stated that the driveway turnaround is relocated to the
rear of the property and the engineers' comments are to be addressed.
Mr. Engel stated that the Board requires a copy of the recorded deed.
Ms. Cooney questioned the bamboo planting and the owner answered that the bamboo is already
there and they are not planting any more. Mr. Engel stated that bamboo is invasive.
Motion: To open the public hearing
Action: Approved unanimously
Moved by Ron Mandel, seconded by Elizabeth Cooney
Public Comments:
The neighbor at 257 Murray stated that they are here to understand what is happening. Mr. Stein
explained the plan to the neighbors. Mr. Stein explained that a turn-around is required by the
County and the applicant wants it in the rear.They need site plan approval for the land disturbance.
He further stated that hedges are being added between properties.
Mr. Engel asked that a draft resolution be prepared.
The public hearing remains open.
5. 16 Greystone-Residential Site Plan—Light Greystone LLC—Consideration
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Benedict Salanitro, representing Marsh Development, explained the application for a new single-
family dwelling. He stated that there will be a decrease in impervious area. Erosion controls were
discussed. Rock removal is estimated at 200 cubic yards in the front yard for a basement. Mr.
Salanitro asked to be referred to CZMC.
The Planning Board discussed setting a public hearing for the next meeting.
Motion: To refer the matter to CZMC
Action: Unanimously approved
Moved by Ron Mandel, seconded by Elizabeth Cooney
6. 1240 West Boston Post Road- Special Use Permit— Nautilus Diner—Consideration
Jeffery Schwartz, the applicant's attorney, addressed the Board to request a Special Use Permit.
Mr. Wasp stated that the drawing that was submitted is acceptable. Mr. Engel asked for the prior
special use permit resolution but Ms. Brill stated that there is nothing in the file.
Motion: To set the public hearing for April.
Action: Unanimously approved
Moved by Elizabeth Cooney, seconded by Ira Block.
OLD BUSINESS
A discussion was held regarding Pepe Porsche and possible enforcement. It was suggested that a
reasonable time for them to return would be at the April meeting. Counsel for Pepe stated there
is not enough time.
Mr. Wasp stated that the applicant and the applicant's counsel, will meet tomorrow to see if the
application is complete.
The Building Inspector has checked the parking count. The number is far less then what is
shown on the previous site plan. The applicant was told to develop a functional site plan.
ADJOURNMENT
The meeting adjourned at 8:30 P.M.
Minutes prepared by
- ,i2A/Xzyt,2_ 92(. 2,(ff
Francine M. Brill
Planning Board Secretary
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