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HomeMy WebLinkAbout1999_03_09 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MARCH 9, 1999, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairperson Richard H. Darsky Linda S. Harrington C. Alan Mason Edmund Papazian Absent: May W. Aisen Also Present: Judith M. Gallent, Counsel Anthony V. Capicotto, Consulting Engineer Barbara Terranova, Public Stenographer Terranova, Kazazes & Associates, Ltd. 40 Eighth Street New Rochelle, New York 10801 Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairperson Marilyn Reader at 8:15 p.m. APPROVAL OF MINUTES Ms. Reader asked if the Board members had reviewed the draft Minutes of the February 10, 1999 Planning Board meeting and if there were any additions and/or corrections. There being none,on a motion made by Mr. Papazian, seconded by Dr. Mason, the Minutes were unanimously approved. Chairperson Reader read the application as follows: PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Christopher P. Knopp 28 Bonnie Way - Block 104 Lot 52.1 (adjourned 10/14/98; 11/11/98; 12/9/98; 1/13/99; 2/10/99) Ms. Reader stated that a draft resolution was sent to Board members regarding this matter and asked if the members have had an opportunity to review it. Mr. Papazian asked if the resolution presented to the Board this evening is any different than the one previously received. Ms. Reader said some small changes have been made. Ms. Gallent informed the Board that Stephen V. Altieri, the Town Administrator, had some comment. Ms. Reader proceeded to itemize the changes and additions. Ms. Gallent then addressed the contents of condition#9,work involving site preparation and construction, and proposed changes to be made. Planning Board March 9, 1999 Page 2 A lengthy discussion ensued between the Board members, Ms. Gallent, Mr. Capicotto and Mr. Carpaneto regarding condition#9. Various Board members voiced concerns regarding noise disturbance to residents in that area. Ms. Reader asked if Mr. Knopp had a preference. Mr. Knopp said whatever the regular rules and regulations are of the Town of Mamaroneck will be fine. Ms. Reader asked the Building Inspector to comment. Mr. Carpaneto read Section 141-7 -Time Limitations from the code, stating one can make noise seven(7) days a week. Mr. Papazian mentioned the lawn mower noise restriction. Dr. Mason said he would be inclined to propose work hours from 8:00 a.m. to 6:00 p.m., five days a week, 9:00 a.m. to 4:00 p.m. on Saturday and no hours on Sunday. Ms. Gallent asked if the Board wants to include the wording, site preparation and construction,with which the Board agreed. Ms. Reader asked about the easement. Ms. Gallent said it has been discussed with the attorney for the McCarthy's, who are ready to sign, but cannot do so until the easement is accepted by the Town Board. It has been reviewed by Ms. Gallent and the Town Administrator. Ms. Gallent believes Mr. Capicotto is working with Mr. Senor on the metes and bounds description. Ms. Reader asked if there were any other comments. There being none, Ms. Reader made the following suggestion; that the certification,as drafted on March 8, 1999, be granted with a modification to condition #9, the renumbering of#10 and #11. At this point, Mr. Carpaneto called the Board's attention to page 4, the first paragraph, 6th line down, and said the word "improve" should be changed to "reduce". Ms. Gallent stated that there should be a condition#12 which would state that the construction shall be in compliance with the plans submitted and dated June 1, 1998, last revised December 22, 1998, bearing a stamp of receipt by the Town of Mamaroneck dated February 5, 1999. Ms. Reader then asked for a proposal to accept the draft resolution contingent with the modification on page 4, the modification of condition #9, the renumbering of#10 and #11 and the addition of condition #12. Ms. Reader asked if there were any other comments. There being none, on a motion made by Ms. Reader, seconded by Dr. Mason and unanimously approved, the following resolution was unanimously ADOPTED: WHEREAS, Christopher Knopp/AKS Building Associates,Inc. has applied for a permit pursuant to Mamaroneck Town Code Chapter 114 for the construction of a single-family home on an approved lot located at 28 Bonnie Way(the"Lot")and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104, Lot 52.1 (the "Proposed Action"); and Planning Board March 9, 1999 Page 3 WHEREAS, the Planning Board has previously determined that the Proposed Action is a Type II action requiring no further review under the State Environmental Quality Review Act(E.C.L. § 8-0101 et seq.;. 6 N.Y.C.R.R. Part 617); and WHEREAS, the Town of Mamaroneck - Village of Larchmont Coastal Zone Management Commission, the Town's advisory board with respect to coastal zone issues including flood control and wetland protection, has reviewed the application and submitted comments to the Board, by letter dated, November 6, 1998, and determined that the Proposed Action will neither advance nor hinder the policies of the Local Waterfront Revitalization Plan; and WHEREAS, the Planning Board held a public hearing on this application pursuant to Mamaroneck Town Code Chapter 114 on October 14, 1998, which was continued on November 11, 1998, December 9, 1998, January 13, 1999, and February 10, 1999; and WHEREAS, the Planning Board has carefully considered the testimony of members of the public and written submissions by both members of the public and their consultants regarding this application; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations concerning this application to the Planning Board by letter dated February 10, 1999 (the "Malcolm Pirnie Opinion Letter"); NOW THEREFORE, BE IT RESOLVED, that the Board finds as follows: 1. The application complies with the standards for freshwater wetlands permit issuance set forth in Article 24 of the Environmental Conservation Law and 6 N.Y.C.R.R. § 665.7(e). In making this determination, the Board considered the entire record amassed in this proceeding, including,but not limited to the testimony of and correspondence from members of the public; the Malcolm Pirnie Opinion letter; a letter, dated January 26, 1999, from Benedict Salanitro, P.E; a letter, dated February 10, 1999, from Antonio Capicotto, P.E. of Malcolm Pirnie, Inc. in response thereto; as well as a letter, dated December 2, 1998, from Erwin N. Potter, and a response thereto from Malcolm Pirnie,Inc., dated January 12, 1999. Specifically, the Board finds that the Proposed Action meets the three tests of compatibility set forth in 6 N.Y.C.R.R. § 665.7(e): A. The Proposed Action is compatible with the preservation, protection and conservation of the wetland and its benefits. As set forth in the Malcolm Pirnie Opinion Letter, the Proposed Action involves no construction in the wetland itself, but rather in the adjacent area only. Malcolm Pirnie, the Town's Consulting Engineer has determined that the construction will result in no more than insubstantial degradation to or loss of any part of the wetland and will have minimal effect on the adjacent area for the following reasons. See Malcolm Pirnie Opinion Letter at 3. First, the grading and construction proposed will not effect the flood zone because it will take place above the 100 year flood zone elevation. Second, the erosion control measures proposed, including silt fencing, hay bales, and temporary seeding will minimize harmful sedimentation during construction and the plantings proposed at the perimeter of the wetland will help to control erosion after construction. In addition, proposed tree removal has been minimized - only five trees are proposed to be removed and 15 new plantings are proposed. The Board is persuaded that the design of the Proposed Action, as modified during the course of the Planning Board's proceedings to respond to concerns of members of the public and their consultants, is indeed compatible with the preservation and protection of the wetland and its adjacent area. B. The Proposed Action will result in no more than insubstantial degradation to, or loss of, any part of the wetland. As explained above, the Proposed Action does not call for any construction in the wetland itself, and the record demonstrates that with the proposed erosion control measures, there will be no more than insubstantial degradation to the wetland itself and minimal impact on the adjacent area. Moreover, as described below, after carefully examining the proposed grading and Planning Board March 9, 1999 Page 4 drainage improvements and the critiques thereof supplied by Mr. Potter and Mr. Salanitro, the Board is persuaded that they will function effectively so as not to harm the wetland itself. C. The Proposed Action will be compatible with public health and welfare. The Board is persuaded that the record demonstrates that the Proposed Action will be compatible with public health and welfare. While the Board is acutely aware of the concerns of certain neighbors that the Proposed Action will increase flooding, after careful review of the record and for the reasons set forth below, the Board has determined that the proposed construction will not increase flooding in the area. The Lot is adjacent to a freshwater wetland and during heavy flooding, the Lot provides a path for stormwater flow from the street to enter the brook that is located at the rear of the Lot. To prevent the project from causing further flooding in the area, the Lot will be graded so that the existing flow path across the property will be maintained. In addition,to reduce overland flow across the property, the applicant will provide a 15 inch diameter storm sewer pipe to carry the flow from the street to the brook. The pipe should actually reduce the existing flooding in the street in front of the Lot because it will enable storm water to enter the catch basin as it accumulates in the street, rather than having to flood to the height of the curb before spilling over and running across the property.' In addition,the proposed construction will include drywells for the collection of storm water from the home and will result in no net increase in runoff from the property. The proposed drywells are of the low profile infiltrator type and will be located completely outside the 100 year flood plain. Finally, because the proposed construction is above the 100 year flood zone elevation, there will be no significant loss in flood storage volume. Accordingly, the Board finds that the Proposed Action meets the three tests of compatibility set forth in 6 N.Y.C.R.R. § 665.7(e). 2. The Board finds that the Proposed Action meets the standards for permit issuance set forth in Town of Mamaroneck Code § 114-8. Specifically, the Planning Board finds that: A. The Proposed Action is compatible and consistent with public health and welfare, including physical health and related federal, state, and local laws relating to public health and welfare. As explained above, the Proposed Action will neither cause substantial degradation to the wetland or its adjacent area, nor increase flooding in the area. See Finding1C. Moreover, the proposed use is consistent with surrounding uses. B. The proposed activity is the only practicable alternative if no other activity is physically or economically feasible. The Board finds that the only practicable use of the Lot under the current residential zoning of the property is as a single family home. Moreover, the placement of the house on the Lot is the only practicable alternative because it minimizes the impacts to the wetland and adjacent area. Construction will take place on a high point of the Lot at the front of the property. This will minimize soil disruption, avoid disturbing the wetlands and filling in the flood zone, and provide a buffer between the proposed home and the wetland. This will be accomplished by locating the house at the front of the Lot, thereby minimizing the length of the driveway and leaving an undeveloped buffer between the rear of the house and the beginning of the wetland. Any other placement would have greater impacts on the protected features of the Lot. 'The Board also notes that the record reflects that the Town has included in its schedule of capital projects for 1999 the construction of a new drainpipe that will improve the flow of water at the confluence of the tributary stream that runs along the north side of Bonnie Way and the Sheldrake River. See Memorandum, dated December 9, 1998, from Steve Altieri. This improvement should also help to alleviate the flooding about which members of the public expressed concern during the public hearing on this matter. -w� Planning Board March 9, 1999 Page 5 C. The economic and social need for the Proposed Action outweighs any economic or social burden imposed thereby. The economic and social burden caused by the construction of a single-family home on the Lot is negligible in this residential community. The required increase in services is de minimis. Moreover, as explained above, the record demonstrates that the Proposed Action will not increase flooding in the area or cause contamination or any other damage that would result in an economic or social burden. D. The Proposed Action will not have a substantial impact on the wetland or its control area. See Findings 1(A) and 1(B) above. BE IT FURTHER RESOLVED, that the application of Christopher Knopp/AKS Building Associates, Inc. for a permit pursuant to Mamaroneck Town Code Chapter 114,be and hereby is granted subject to the following terms and conditions; 1. This permit is personal to the applicant and may not be transferred to any other individual, entity or combination thereof; 2. This permit is expressly conditioned upon the grant to the Town of Mamaroneck of a perpetual utility easement by Paul and Catherine McCarthy, who reside at 26 Bonnie Way, to afford the Town access in, on, over, under, across and through a portion of 26 Bonnie Way for the operation, maintenance, alteration, repair and/or replacement of the storm water drainage system and any appurtenances thereto shown on the sketch prepared by Malcolm Pirnie Inc. that was submitted to Ronald Carpaneto, the Director of Buildings,by letter dated November 25, 1998. The form of such easement shall be satisfactory to the Town of Mamaroneck. 3. The height of the retaining wall on the northeast side of the property, adjacent to the garage, shall not exceed elevation 89.0 in perpetuity. 4. The curb cut for the driveway shall not exceed elevation 90.3 in perpetuity. 5. The continual downward slope of the property from the curb cut to the retaining wall on the northeast side of the property, adjacent to the garage, shall be maintained in perpetuity. 6. A bond to insure satisfactory completion of the project and rehabilitation of the disturbed area shall be posted, together with the bond required for the erosion control permit, in an amount to be determined by Malcolm Pirnie Inc. upon completion of the erosion control permit review. 7. All debris shall be removed prior to completion of construction. 8. Construction shall be in accordance with the requirements of the Town Flood Damage Prevention Code and the Town Erosion and Sedimentation Control Law. 9. Work involving site preparation and construction shall take place only from Monday through Friday, between the hours of 8:00 a.m. to 6:00 p.m., Saturday, between the hours of 9:00 a.m. to 4:00 p.m. No work shall be conducted on Sunday. 10. This permit shall expire upon completion of the proposed activity or one year from the date of its issue, whichever occurs first. 11. This certification shall be recorded by the applicant in the Westchester County Clerk's Office, Division of Land Records. 12. Construction shall be in compliance with the plans submitted and dated June 1, 1998,last revised December 22, 1998, bearing a stamp of receipt by the Town of Mamaroneck dated February 5, 1999. Planning Board March 9, 1999 Page 6 Mr. Knopp asked when the certification will be received. The secretary informed Mr. Knopp that he will receive the certification as soon as it is processed, probably within a few days. Chairperson Reader read the application as follows: PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Rick Bernstein -24 Winged Foot Drive - Block 204 Lot 310 On a motion made by Ms. Reader, seconded by Ms. Harrington, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this meeting and her transcript will become a permanent part of this record. Rick Bernstein of 24 Winged Foot Drive appeared and addressed the Board. He said this past October he was granted a permit by the Board to build a retaining wall on the rear property line consisting of railroad ties at a height of approximately 5 ft. The plans that were approved called for the wall to be built on his property line with a 4 ft. chain link fence on top of the wall and Baltic Ivy to be placed on the top of the wall which in time will grow over the face of the wall. He asked that the Board keep in mind it is a U- shaped wall, with neighbors on either side of his property. Mr. Bernstein said he met several times with the Zoning Board for the purpose of getting the fence as close to the face of the wall as possible, and compromises had to be made. The Zoning Board said the fence had to be set back 4 ft. and the compromises made entailed the following; instead of no ivy on the face of the wall, there will only be ivy on the side walls; the face of the wall will be pushed back 20 in. toward his property; the side walls will remain on his property; there will be approximately 31 Euonymus plants placed in front of the face of the wall between the Leatherstocking Trail and his property; there will also be 14 Arborvitae plants placed at the top of the wall on the side. There have been no structural changes made in the wall whatsoever. The only change is the added vegetation and the location of the face of the wall. Ms. Reader asked if the new plantings will be on top on the side of the fence. Mr. Bernstein said the fence on the sides will be moved in 20 in., in order to place the Arborvitae in between the fence and the wall. Mr. Reader asked for clarification. Mr. Carpaneto said it will be closer to the property. Mr. Bernstein said on the face wall permission was given to put the fence as close to the wall as possible. Ms. Reader asked if there were any other questions. Ms. Gallent said the above measures were taken to lessen the visual impact from the trail. A discussion ensued regarding the original plan, the setback and the aesthetic impact. Ms. Gallent said the Board has the required letter under the Freshwater Wetlands Law. There is also a letter from the CZMC, dated March 9, 1999, and that this is a Type II action under SEQRA. Ms. Reader asked if there were any other questions. There being none, on a motion was made by Mr. Darsky, seconded by Ms. Harrington, it was unanimously '1411 Planning Board March 9, 1999 Page 7 RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Mr. Darsky, seconded by Mr. Mason, the following resolution was unanimously ADOPTED: WHEREAS, Rick Bernstein has applied for a permit pursuant to Mamaroneck Town Code Chapter 114 for the premises located at Lot No. 24 Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204 Lot 310; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II action and that no further review is required under SEQRA; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Mamaroneck Town Code Chapter 114, that the activity proposed is of a minor nature and is compatible pursuant to 6 NYCRR §665.7; WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on March 9, 1999; NOW, THEREFORE, BE IT RESOLVED, that this Board makes finds as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A)the proposed activity will have only a minor impact, (B) it is the only practical alternative, and(C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 3. The proposed activity will result in no more than insubstantial degradation to, or loss of any part of the wetland because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; BE IT FURTHER RESOLVED, that the application of Rick Bernstein for a permit, pursuant to Mamaroneck Town Code Chapter 114, be and it hereby is GRANTED subject to the following terms and conditions: 1. Subject to the plans dated August 18, 1998, revised January 22, 1999. 2. This permit is personal to the applicant and may not be transferred to any other individual, entity or combination thereof; 3. All debris is to be removed prior to the completion of the project. Construction must be in accordance with the requirements of the Town Flood Damage Prevention Code and the Town Erosion and Sedimentation Control Law. 4. Work involving site preparation shall only take place from Monday through Friday between the hours of 8:30 a.m. and 4:30 p.m. Planning Board March 9, 1999 Page 8 5. A cash deposit or bond for$2,500.00 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area (includes Erosion Control Permit). 6. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. Mr. Bernstein thanked Mr. Carpaneto, Ms. Roma and the Board for being so pleasant and efficient during the months it has taken for this resolution. NEXT MEETING The next meeting of this Board will be held on April 14, 1999. ADJOURNMENT On a motion and seconded, the meeting was unanimously adjourned at 8:45 p.m. 4 4 A f Marguerite a, Recording Secretary C C