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HomeMy WebLinkAbout1998_11_11 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 11, 1998, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman Richard H. Darsky Linda S. Harrington C. Alan Mason nn� � Edmund Papazian Af�� Absent: May W. Aisen •:7 �~ REA uivto Also Present: Judith M. Gallent, Counsel EC 11 Z980 Antonio V. Capicotto, Consulting Engineer Ctq,t 88 Katie Cullen, Public Stenographers Nor:4 M.xf Terranova, Kazazes & Associates, Ltd. �r�� t� 40 Eighth Street ``��VV New Rochelle, New York 10801 Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairwoman Marilyn Reader at 8:18 p.m. APPROVAL OF MINUTES Ms. Reader asked if the Board members had reviewed the draft Minutes of October 14, 1998 and if there were any amendments. After some discussion, on a motion made by Mr. Darsky, seconded by Ms. Reader, the amended Minutes of October 14, 1998 were unanimously approved. Chairwoman 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) At this point in time, Ms. Reader asked Ms. Maller, item #2 on the agenda, if she would like to proceed ahead of item#3 on the agenda, which the Board anticipates will be a lengthy hearing. Ms. Mailer agreed to proceed. Chairwoman Reader read the next application as follows: PUBLIC HEARING-FRESHWATER WETLANDS AND WATER COURSES PERMIT -Brant K. Mailer and Sheryl A. Odentz Mailer - 7 Winged Foot Drive - Block 209 Lot 227 On a motion made by Ms. Harrington, seconded by Mr. Darsky, 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. Planning Board November 11, 1998 Page 2 Sheryl A. Odentz Mailer appeared. She stated the application is for an extension of an approved deck, which was redesigned. Unfortunately, Mr. Mailer could not be present this evening, so Ms. Mailer read from a prepared statement. Planning board approval was received in August, 1998 for a 16 ft. by 12 ft. deck. The back yard is so sloped, it is functionally unusable. The original approved plans indicated a deck by owner. After considering the topography and conferring with several companies, Archadeck redesigned the larger deck. The redesigned deck is 16 ft. by 16 ft., with a lower deck 12 ft. by 9 ft. The lower deck is safer, because its egress is to a less steeply pitched area than the currently approved design. The Coastal Zone Management Commission and this Planning Board have already reviewed the redesign. The Zoning Board granted a variance two weeks ago. There will still be pier construction, two new piers have been added for the lower deck and all excavation will be by hand. There will be separation between the decking boards, so rain water will flow down freely and there will be no impervious surface. Gravel, wood chips or something similar will be used, for aesthetic purposes and to prevent erosion. Likewise, plantings will be installed by the portion of the deck at the rear of the house for aesthetic purposes and erosion purposes. Ms. Reader asked if there were any comments from the public. There being none, Ms. Reader asked Ms. Mailer if this project was originally approved with Remodeling Consultants as the architect. Ms. Mailer said yes. A discussion ensued regarding the conditions on a previous Freshwater Wetlands permit. Mr. Capicotto said gravel or another pervious material will be used to prevent erosion and allow rain water to seep through. Ms. Reader stated, for the record, that a letter was received from the CZMC, dated November 6, 1998, which stated the project will neither advance nor hinder the policies set forth in the Local Waterfront Revitalization Plan, and accordingly, is neither consistent nor inconsistent therewith. Mr. Capicotto said to paraphrase his letter, Malcolm Pirnie found it to be compatible with the Freshwater Wetlands Code and the New York State Code. Malcolm Pirnie recommends that the bond be combined with the existing bond for the addition, which is still outstanding. Ms. Reader asked if there were any other questions. There being none, on a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Mr. Papazian, seconded by Ms. Harrington, the following resolution was unanimously approved: WHEREAS, Brant K. Mailer and Sheryl A. Odentz Mailer have applied for a permit pursuant to Mamaroneck Town Code Chapter 114 for the premises located at Lot No. 7 Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 209 Lot 227 ; 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; Planning Board November 11, 1998 Page 3 WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on November 11, 1998; 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 Brant K. Mailer and Sheryl A. Odentz Mailer for a permit, pursuant to Mamaroneck Town Code Chapter 114, be and it 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. 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. 3. The deck will be constructed as described in plans prepared by Archadeck Construction & Drafting, dated September 9, 1998. 4. The ground beneath the deck will be covered with gravel or other pervious materials to prevent erosion. 5. The deck will be constructed in such a way as to provide space between deck boarding to allow seepage of rain water through the deck. 6. 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. 7. The bond shall be combined with the existing bond already furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 8. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. Chairwoman Reader read the next application as follows: Planning Board November 11, 1998 Page 4 PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Christopher P. Knopp - 28 Bonnie Way - Block 104 Lot 52.1 (adjourned 10/14/98) Ms. Reader thanked Mr. Knopp for his accommodation. Chris Knopp appeared regarding 28 Bonnie Way. Mr. Knopp said the revised plan was submitted prior to the last meeting, but not in sufficient time for review. The Town engineer informed Mr. Knopp that there were two issues of concern; (1) a map is needed showing adjacent properties within 500 ft. of the site, by letter sent to Mr. Knopp's engineer as of yesterday, and (2) issues regarding possible proposed contours in the front left-hand portion of the lot off the driveway. Mr. Capicotto said it is the left side of the driveway. Mr. Knopp said the concern is that the proposed contours as shown may not be sufficient to handle the adjoining property and the garage. Ms. Reader asked if Mr. Knopp received a copy of a review from James Athey, dated November 10, 1998, indicating that the property is not on the FEMA flood insurance map. Mr. Knopp said he did not receive a copy, which was provided. Ms. Gallent said if the property is not on the FEMA map, the Flood Hazard Prevention chapter of the Town Code does not apply. Ms. Reader said, if she understands correctly, this is still a project in the planning stages and more information needs to be submitted to the Town Planning Board. Ms. Reader informed the Board, for the record, that a letter was received from the Dichters, who are in attendance at this evening's meeting. The Dichters had consulted a Freshwater Wetlands expert, who turned out to be a consultant involved with the Town. As a result, there is a conflict of interest. Ms. Reader will give the Dichters another opportunity to retain another expert, and will adjourn the public hearing for that reason. Ms. Reader said that Mr. Altieri has more information to present. Correspondence was received from Mr. Carpaneto indicating there were discussions with respect to a possible joint engineering project in terms of piping rain water through an easement on this piece of property as well as the McCarthy property. Mr. Knopp said that he cannot make any comments on that issue at this time. Ms. Reader said there is an effort to try to use this project to alleviate and improve the drainage system on Bonnie Way, and asked Mr. Knopp if that is correct. Mr. Knopp said yes. He said there is a discussion about what is going to be done, and that something will be done. Ms. Reader said Mr. Knopp is saying he is amenable to working together with the Town, in doing something that might be a burden that he normally wouldn't have. Because of his recognition of the concerns of the community, he will do whatever is necessary to improve the situation and make that piece of property a good conduit from rain water. Steve Altieri, Mamaroneck Town Administrator, said he and Ron Carpaneto met with Mr. Knopp earlier last week to discuss the project. The Town proposes to require the applicant to construct a storm drainage pipe, of a size that is being determined at this time, construct a catch basin at the curb, then run a pipe to the stream. A determination would have to be made whether or not an easement can be obtained through the McCarthy's property, because it has been determined that the pipe cannot be run into the stream in a Planning Board November 11, 1998 Page 5 perpendicular fashion. It should come in at some sort of an angle, to mitigate the flow volume as it enters the stream. There are currently two catch basins at the corner of Briar Close and Bonnie Way. Those catch basins are connected to each other and connected to a catch basin just west of 28 Bonnie Way. The proposal is to disconnect the Briar Close basin from the other basin on Bonnie Way, connect it to the new basin that will be installed by the applicant, diverting the flow from Briar Close directly into the catch basin. One of the problems for drainage in the entire area is that it is very flat. It is hard to obtain the pitch necessary to carry the water's sufficient velocity. By taking some of the burden away from the catch basins that are near Addee Circle and the extension of Bonnie Way up towards the Leatherstocking Trail, the Town can divert the Briar Close drainage directly into the new basin. At this time, the Town is working with Malcolm Pirnie,Ron Carpaneto and the Town's engineering department to determine the size of the pipe and the engineering for the connections on Bonnie Way. The plan would be a joint project between the Town and the applicant, to have all the work done at the same time. At the next meeting, the Town should be able to have a fully engineered plan available. Ms. Reader asked if there were any other comments. Barry Dichter of 32 Bonnie Way appeared. He resides one house down from the adjoining subject property. He said he is delighted that an effort is being made to resolve the longstanding drainage problems on Bonnie Way. Mr. Dichter then made reference to some photos that had been previously submitted on October 14, 1998, marked exhibit#2. The chair had asked last time for Mr. Dichter to locate the ponding shown on photos B and C, on the plans. Mr. Dichter did so, stating it is where the driveway and part of the house would be. There are trees marked on the plan and a retaining wall off to the side. It appears that the ponding is more or less at the forward edge where the driveway and part of the house would be, originally marked exhibit#1 on October 9, 1996, and remarked this date as exhibit#3. Ms. Reader said the picture exhibits depict conditions as they existed prior to the work that the Town has done. Mr. Altieri agreed that the picture exhibits depict conditions before work was performed at the upper end and in the stream last month. Mr. Dichter continued his presentation, stating the photos in exhibit#3, were taken prior to the work that has been done. The photos in exhibit#2, D, E, F and G, were taken well after the work was performed and shows the affects of the flooding up the front lawn. Shown on the photos is the leaf line up the lawn which marks the water level. Ms. Reader informed Mr. Dichter this was pointed out at the last meeting. Mr. Dichter said the water topic was discussed during the original subdivision proposal in 1990. He said a letter was submitted to the Planning Board that noted the control areas are not shown on the plan, the Freshwater Wetlands and the adjacent area, and the Rainfall Draining System. Mr. Dichter said he shared a copy of that letter with the developer, to provide him the opportunity to submit corrected and revised plans. Ms. Reader asked if that was consistent with Mr. Carpaneto's requests. Mr. Capicotto said yes. Mr. Dichter said an environmental consultant was retained, but due to a conflict of interest, withdrew. Mr. Dichter said the letter received from the environmental consultant, who has now been withdrawn, was shared with the developer to provide him with an opportunity to amend the application covering the points of concern. There is a meeting scheduled for Wednesday morning, November 18, 1998, at 8:00 a.m. or 9:00 a.m. to discuss the situation with the developer. He said the video tape, which is very graphic, has not been found and he is still seeking to obtain a copy. Planning Board November 11, 1998 Page 6 Ms. Reader said the video tape also was taken before the work described at the last meeting was done. Mr. Dichter said the previously submitted pictures is particularly relevant to the wetlands issue, because it shows downstream flooding during rain. Mr. Reader stated the record should reflect that Dr. Mason has arrived at 8:50 p.m. Mr. Dichter said the pictures taken in 1996 of the downstream area, A, B, C, and D, are remarked exhibit #4 this date. The picture labeled A, is one of the neighbor with water up to her knees. Picture B, shows down stream flooding. Picture C, shows the water overflowing the curb and ponding on the subject property. Picture D, is a panoramic shot of the downstream flooding. Ms. Reader reiterated that these pictures were taken in 1996, prior to changes performed by the Town to improve drainage. Mr. Dichter said pictures A and B are behind the houses, two houses farther down stream than 26 Bonnie Way, three houses down stream to 28 Bonnie Way. Ms. Reader asked what Mr. Dichter is referring to when saying downstream. Mr. Dichter said that is towards Weaver Street, looking toward the subject property. Ms. Reader said that is 10 Bonnie Way, east of the property. Mr. Dichter said picture C, is the subject property. Picture D, is looking in the same direction as picture B, which is toward the subject property. Picture A, is looking more toward Weaver Street. Mr. Dichter said he would like his expert to be involved with the planning of whatever is to be done with drainage. Mr. Reader said she is not sure the expert can be involved. Ms. Altieri said if they would like to review the plans, they can. Ms. Reader said the expert can provide feedback. Mr. Dichter said they would like to be aware and possibly be helpful. He said the developer did receive a copy of the letter from Mr. Coleman, which consisted of three pages of information for the accompanying application. Mr. Reader said it is up to Mr. Knopp and his engineer to do what he wishes with that information. Mr. Dichter said he did provide the letter and rather than go through the issues now, he will wait and see what evolves with respect to the project, the drainage problems and the revised plans to be submitted. Mrs. Dichter requested a copy of the revised plans when submitted. Ms. Reader informed Mrs. Dichter to go into the Building Department and a copy will be provided, when available. Ms. Reader asked if there were any other comments. Ellen Marcus of 10 Bonnie Way appeared, for the record. Planning Board November 11, 1998 Page 7 Ms. Reader asked if there were any other comments. There being none, on a motion made by Mr. Darsky, seconded by Ms. Harrington, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, adjourned to the December 9, 1998 Planning Board meeting. On a motion duly and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Chairwoman Reader read the next application as follows: CONSIDERATION - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Henry Compi - 19 Fenbrook Drive - Block 309 Lot 9 Gregor Volpe, of 410 Riverview Road, Irvington, New York, the project manager for the Mr. & Mrs. Henry Compi, appeared, along with the architect, John Kowalski. Mr. Volpe said the proposal is to construct a one-family residence at 19 Fenbrook Drive. Mr. Kowalski said he appeared before the Coastal Zone Management Commission (CZMC), which sent a letter to Mr. Carpaneto, the Building Inspector, requesting certain items for the next meeting. A wetlands specialist was hired, who will also appear at the next meeting. Mr. Volpe said it is an approved subdivision on Fenbrook Drive. The proposed house is within the setback envelope. The CZMC asked for the proposal to be moved forward from the brook area. It can be moved approximately 12 ft., because the envelope curves in on an angle due to the cul-de-sac on the setback. If the proposed construction is brought forward and to the left, it can be moved approximately 12 ft. Ms. Reader asked what the frontage will be. Mr. Volpe said it will still be within the envelope. Ms. Reader asked Mr. Volpe where the stream is. Mr. Volpe said the drainage area is at the corner of the property and the next door neighbor's property. After further discussion, Dr. Mason asked what that does in relation to the stream, as they were roughly 20 ft. into the setback from the stream with the previous setup. Mr. Volpe said they are about 8 ft. into the setback. When it is determined how far forward the proposed construction can go in the envelope, extra footage may be realized. Ms. Reader asked if the proposed construction will be approximately 92 ft. away from the stream. Mr. Volpe said yes. Mr. Volpe said they will try to make it as far from the stream as possible, without having to appear before the Zoning Board of Appeals. A discussion ensued regarding how the Board weighs the closeness to the stream, as opposed to the proximity to the cul-de-sac. Mr. Capicotto explained the process used in determining the envelope. Planning Board November 11, 1998 Page 8 Mr. Volpe said there is 20 ft. on the left side, 30 ft. on the right and 50 ft. on the top. Ms. Reader said what Mr. Volpe is trying to do is propose a project that satisfies the CZMC and zoning and still meet the conditions for a Freshwater Wetlands and Water Courses Permit. Dr. Mason asked Ms. Gallant if there is a provision in the Town Law, in this situation, where the Planning Board can grant a variance. Ms. Gallent said no, that does not apply in this case. The Town's Cluster subdivision regulation gives the Planning Board the power to vary zoning regulations. Mr. Volpe will inquire if the neighbors have gotten water in their basements, and if so, how they handled it. If there is a problem, Mr. Volpe will put a holding station or pump into the design drainage, which will be added on if needed. Mr. Capicotto asked if the house has a basement. Mr. Volpe said yes, it will have a basement. Mr. Kowalski also addressed that issue and demonstrated on the plan. Mr. Capicotto asked for the elevations of the basement slab. Mr. Volpe said the basement slab is 117.6, the first floor 126. He said JG Lotto designed the drainage for the dry wells. Mr. Volpe is not putting blacktop on the driveway, but gravel, to help the wetlands situation. This particular lot had two curb cuts for a driveway in and out. Mr. Papazian asked if it is a level piece of property. Mr. Volpe said the circular part will be level. The right parking area will probably be a little lower, according to the contours. Mr. Papazian said environmentally that is fine. Mr. Volpe reiterated they will reappear before the CZMC with the environmental expert and will try to move as far forward as possible. Mr. Darsky asked the size of the lot and the footprint. Mr. Volpe said the lot is 31,856 sq. ft., the lower level footprint is 32,282 sq. ft.. Ms. Reader said the patio is 530 sq. ft. and asked if that was separate from the house. Mr. Volpe said that is correct. Ms. Harrington asked if the flagstones are set in cement, or are pavers feasible? Mr. Volpe said the flagstones will probably be set in stone, and that it might be pavers. A discussion ensued regarding the porous material the pavers are set in. Mr. Capicotto asked if there is a perimeter drain plan for the foundation. Mr. Volpe said it is shown on the plan used in presentation. Planning Board November 11, 1998 Page 9 Mr. Capicotto asked if the dry wells are for the roof drains on the side? Mr. Volpe said they will add to that drainage system, depending on the conditions when the site work is done. He does not know exactly where the pump station will be put. Part of the basin might have to be sacrificed if rock is encountered. Mr. Papazian asked if there is going to be a pool. Mr. Volpe said no. A siltation fence will be installed to protect the back area and along the side. Top soil will be stockpiled in one area, to protect the drainage flow. Dr. Mason stated that many, many times assurances are provided about silt fences. Prior construction around that area has caused a great deal of siltation into the east branch of the Sheldrake down to the duck pond, which has undone a lot of very expensive work. Mr. Volpe said he understands the Board's concerns, will take it personally and will install whatever is needed. Dr. Mason said if the topsoil is stockpiled, it should be covered. Mr. Volpe asked if the Board wants the siltation fence around it, it can be done. He will also cover the stockpiled soil with plastic. After further discussion regarding the siltation fence and stockpiled soil, Ms. Reader said that is a standard condition. Mr. Volpe assured the Board all their concerns will be addressed, and if there is a point where hay bales are needed, they too will be provided. Mr. Capicotto asked if Mr. Volpe had any objection to providing a separate dry well for the pump. Mr. Volpe said the dry well will be put in the high point dry area and would rather add to that system if necessary. Ms. Reader asked Mr. Capicotto for clarification in regard to the separate system requested. Mr. Capicotto said it is for the sump pump in the basement. Mr. Volpe said when the scenario is shown, he will expand it to accommodate the need. Ms. Reader asked if the dry wells were preconstructed. Mr. Volpe said yes. Dr. Mason asked if it is a concrete cylinder. Mr. Volpe said they are the plastic type, as the depth is not there for the 6 ft. concrete type. Ms. Reader asked if the plastic dry wells have holes. Mr. Volpe said the plastic dry wells do have holes. Ms. Reader said this is a Type II action, and has been referred to the CZMC. Planning Board November 11, 1998 Page 10 Ms. Reader informed the applicant that the matter will be scheduled for a public hearing on December 9, 1998, and to be sure to submit any additional information at least one week prior to that date so it may be included in board packets. Chairwoman Reader read the next application as follows: CONSIDERATION - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Beverley H. Nalven - 91 Rockland Avenue - Block 210 Lot 588 Beverley Nalven,of 91 Rockland Avenue, Larchmont, New York, appeared. Ms. Nalven said she has met with the wetlands commission. She wants to add one bedroom and bath off the living room side, because there is no room around the back of the house. She needs a first floor bedroom, due to her husband's health. They have resided in the house since 1962. The addition will be on pilings over the existing blacktop driveway and flagstone terrace. Because of where the pilings will go, they will be adding to a retaining wall up to the edge. There will be more lawn and no change in the amount of permeable substance of runoff. The excavation will be minimal. A discussion ensued regarding the location of the property and the location of the addition. Dr. Mason asked if the entry to the garage will be under the house. Ms. Nalven said yes, and demonstrated on the pictures submitted and marked exhibit #1. The deck will stay, the staircase will be removed, the addition will go up to the edge of the chimney, and will come forward 5 ft. The back yard is partly the brook and they will be extremely careful. Ms. Reader asked if the Board would like to know anything else. Mr. Darsky asked who the architect is. Ms. Nalven said Leila Bright. Mr. Papazian asked the results of the zoning board. Ms. Nalven said they have not yet been to the zoning board. The house is nonconforming like many others in the area, and will appear before the zoning board at their next meeting. Ms. Nalven said she had letters in support of her application that she will submit to the zoning board. Ms. Reader said this is a Type II action. The CZMC has already submitted a letter to Mr. Carpaneto regarding this matter and summarized the letter for the record. Ms. Reader said the matter will be scheduled for a public hearing on December 9, 1998. During that time, Ms. Nalven will have appeared before the zoning board and possibly will have zoning board approval. Dr. Mason asked if there has been any reaction from the neighbors. Ms. Nalven said she has spoken to the immediate neighbors, who are all in support. Mr. Capicotto said that the plans show gutters on the addition and asked where the water will go. Ms. Nalven said the water will be dispersed into the plantings, as done with the gutters on the front of the house. In the back, there are drain pipes that go underneath to the brook. Mr. Papazian asked if the roof will be pitched or flat. Ms. Nalven said it will be pitched. Planning Board November 11, 1998 Page 11 Ms. Reader informed Ms. Nalven that if the architect or engineer has any questions, to contact the Town engineer. Ms. Nalven said hay bales were used before, and she will do whatever is necessary. Dr. Mason said whatever Ms. Nalven uses, whether hay bales, fence or whatever, be sure it is done properly and maintained, as he stated previously. NEXT MEETING The next meeting of this Board will be held on December 9, 1998. ADJOURNMENT On a motion made by Ms. Harrington, seconded by Dr. Mason, the meeting was unanimously adjourned at 9:35 p.m. Marguerite Ro a, Recording Secretary MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 11, 1998, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman Richard H. Darsky Linda S. Harrington C. Alan Mason Edmund Papazian • Absent: May W. Aisen Also Present: Judith M. Gallent, Counsel Antonio V. Capicotto, Consulting Engineer Katie Cullen, Public Stenographers 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 Chairwoman Marilyn Reader at 8:18 p.m. APPROVAL OF MINUTES Ms. Reader asked if the Board members had reviewed the draft Minutes of October 14, 1998 and if there were any amendments. After some discussion, on a motion made by Mr. Darsky, seconded by Ms. Reader, the amended Minutes of October 14, 1998 were unanimously approved. Chairwoman 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) At this point in time, Ms. Reader asked Ms. Maller, item #2 on the agenda, if she would like to proceed ahead of item#3 on the agenda, which the Board anticipates will be a lengthy hearing. Ms. Mailer agreed to proceed. Chairwoman Reader read the next application as follows: PUBLIC HEARING-FRESHWATER WETLANDS AND WATER COURSES PERMIT -Brant K. Mailer and Sheryl A. Odentz Mailer - 7 Winged Foot Drive - Block 209 Lot 227 On a motion made by Ms. Harrington, seconded by Mr. Darsky, 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. Planning Board November 11, 1998 Page 2 Sheryl A. Odentz Mailer appeared. She stated the application is for an extension of an approved deck, which was redesigned. Unfortunately, Mr. Mailer could not be present this evening, so Ms. Mailer read from a prepared statement. Planning board approval was received in August, 1998 for a 16 ft. by 12 ft. deck. The back yard is so sloped, it is functionally unusable. The original approved plans indicated a deck by owner. After considering the topography and conferring with several companies, Archadeck redesigned the larger deck. The redesigned deck is 16 ft. by 16 ft., with a lower deck 12 ft. by 9 ft. The lower deck is safer, because its egress is to a less steeply pitched area than the currently approved design. The Coastal Zone Management Commission and this Planning Board have already reviewed the redesign. The Zoning Board granted a variance two weeks ago. There will still be pier construction, two new piers have been added for the lower deck and all excavation will be by hand. There will be separation between the decking boards, so rain water will flow down freely and there will be no impervious surface. Gravel, wood chips or something similar will be used, for aesthetic purposes and to prevent erosion. Likewise, plantings will be installed by the portion of the deck at the rear of the house for aesthetic purposes and erosion purposes. Ms. Reader asked if there were any comments from the public. There being none, Ms. Reader asked Ms. Mailer if this project was originally approved with Remodeling Consultants as the architect. Ms. Mailer said yes. A discussion ensued regarding the conditions on a previous Freshwater Wetlands permit. Mr. Capicotto said gravel or another pervious material will be used to prevent erosion and allow rain water to seep through. Ms. Reader stated, for the record, that a letter was received from the CZMC, dated November 6, 1998, which stated the project will neither advance nor hinder the policies set forth in the Local Waterfront Revitalization Plan, and accordingly, is neither consistent nor inconsistent therewith. Mr. Capicotto said to paraphrase his letter, Malcolm Pirnie found it to be compatible with the Freshwater Wetlands Code and the New York State Code. Malcolm Pimie recommends that the bond be combined with the existing bond for the addition, which is still outstanding. Ms. Reader asked if there were any other questions. There being none, on a motion made by Mr. Papazian, seconded by Mr. Darsky, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Mr. Papazian, seconded by Ms. Harrington, the following resolution was unanimously approved: WHEREAS, Brant K. Mailer and Sheryl A. Odentz Mailer have applied for a permit pursuant to Mamaroneck Town Code Chapter 114 for the premises located at Lot No. 7 Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 209 Lot 227 ; 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; Planning Board November 1 I, 1998 Page 3 WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on November 11, 1998; 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 Brant K. Mailer and Sheryl A. Odentz Mailer for a permit, pursuant to Mamaroneck Town Code Chapter 114, be and it 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. 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. 3. The deck will be constructed as described in plans prepared by Archadeck Construction & Drafting, dated September 9, 1998. 4. The ground beneath the deck will be covered with gravel or other pervious materials to prevent erosion. S. The deck will be constructed in such a way as to provide space between deck boarding to allow seepage of rain water through the deck. 6. 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. 7. The bond shall be combined with the existing bond already furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 8. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. Chairwoman Reader read the next application as follows: Planning Board November 11, 1998 Page 4 PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Christopher P. Knopp - 28 Bonnie Way - Block 104 Lot 52.1 (adjourned 10/14/98) Ms. Reader thanked Mr. Knopp for his accommodation. Chris Knopp appeared regarding 28 Bonnie Way. Mr. Knopp said the revised plan was submitted prior to the last meeting, but not in sufficient time for review. The Town engineer informed Mr. Knopp that there were two issues of concern; (1) a map is needed showing adjacent properties within 500 ft. of the site, by letter sent to Mr. Knopp's engineer as of yesterday, and (2) issues regarding possible proposed contours in the front left-hand portion of the lot off the driveway. Mr. Capicotto said it is the left side of the driveway. Mr. Knopp said the concern is that the proposed contours as shown may not be sufficient to handle the adjoining property and the garage. Ms. Reader asked if Mr. Knopp received a copy of a review from James Athey, dated November 10, 1998, indicating that the property is not on the FEMA flood insurance map. Mr. Knopp said he did not receive a copy, which was provided. Ms. Gallent said if the property is not on the FEMA map, the Flood Hazard Prevention chapter of the Town Code does not apply. Ms. Reader said, if she understands correctly, this is still a project in the planning stages and more information needs to be submitted to the Town Planning Board. Ms. Reader informed the Board, for the record, that a letter was received from the Dichters, who are in attendance at this evening's meeting. The Dichters had consulted a Freshwater Wetlands expert, who turned out to be a consultant involved with the Town. As a result, there is a conflict of interest. Ms. Reader will give the Dichters another opportunity to retain another expert, and will adjourn the public hearing for that reason. Ms. Reader said that Mr. Altieri has more information to present. Correspondence was received from Mr. Carpaneto indicating there were discussions with respect to a possible joint engineering project in terms of piping rain water through an easement on this piece of property as well as the McCarthy property. Mr. Knopp said that he cannot make any comments on that issue at this time. Ms. Reader said there is an effort to try to use this project to alleviate and improve the drainage system on Bonnie Way, and asked Mr. Knopp if that is correct. Mr. Knopp said yes. He said there is a discussion about what is going to be done, and that something will be done. Ms. Reader said Mr. Knopp is saying he is amenable to working together with the Town, in doing something that might be a burden that he normally wouldn't have. Because of his recognition of the concerns of the community, he will do whatever is necessary to improve the situation and make that piece of property a good conduit from rain water. Steve Altieri, Mamaroneck Town Administrator, said he and Ron Carpaneto met with Mr. Knopp earlier last week to discuss the project. The Town proposes to require the applicant to construct a storm drainage pipe, of a size that is being determined at this time, construct a catch basin at the curb, then run a pipe to the stream. A determination would have to be made whether or not an easement can be obtained through the McCarthy's property, because it has been determined that the pipe cannot be run into the stream in a Planning Board November 11, 1998 Page 5 perpendicular fashion. It should come in at some sort of an angle, to mitigate the flow volume as it enters the stream. There are currently two catch basins at the corner of Briar Close and Bonnie Way. Those catch basins are connected to each other and connected to a catch basin just west of 28 Bonnie Way. The proposal is to disconnect the Briar Close basin from the other basin on Bonnie Way, connect it to the new basin that will be installed by the applicant, diverting the flow from Briar Close directly into the catch basin. One of the problems for drainage in the entire area is that it is very flat. It is hard to obtain the pitch necessary to carry the water's sufficient velocity. By taking some of the burden away from the catch basins that are near Addee Circle and the extension of Bonnie Way up towards the Leatherstocking Trail, the Town can divert the Briar Close drainage directly into the new basin. At this time, the Town is working with Malcolm Pirnie,Ron Carpaneto and the Town's engineering department to determine the size of the pipe and the engineering for the connections on Bonnie Way. The plan would be a joint project between the Town and the applicant, to have all the work done at the same time. At the next meeting, the Town should be able to have a fully engineered plan available. Ms. Reader asked if there were any other comments. Barry Dichter of 32 Bonnie Way appeared. He resides one house down from the adjoining subject property. He said he is delighted that an effort is being made to resolve the longstanding drainage problems on Bonnie Way. Mr. Dichter then made reference to some photos that had been previously submitted on October 14, 1998, marked exhibit#2. The chair had asked last time for Mr. Dichter to locate the ponding shown on photos B and C, on the plans. Mr. Dichter did so, stating it is where the driveway and part of the house would be. There are trees marked on the plan and a retaining wall off to the side. It appears that the ponding is more or less at the forward edge where the driveway and part of the house would be, originally marked exhibit#1 on October 9, 1996, and remarked this date as exhibit#3. Ms. Reader said the picture exhibits depict conditions as they existed prior to the work that the Town has done. Mr. Altieri agreed that the picture exhibits depict conditions before work was performed at the upper end and in the stream last month. Mr. Dichter continued his presentation, stating the photos in exhibit#3, were taken prior to the work that has been done. The photos in exhibit#2, D, E, F and G, were taken well after the work was performed and shows the affects of the flooding up the front lawn. Shown on the photos is the leaf line up the lawn which marks the water level. Ms. Reader informed Mr. Dichter this was pointed out at the last meeting. Mr. Dichter said the water topic was discussed during the original subdivision proposal in 1990. He said a letter was submitted to the Planning Board that noted the control areas are not shown on the plan, the Freshwater Wetlands and the adjacent area, and the Rainfall Draining System. Mr. Dichter said he shared a copy of that letter with the developer, to provide him the opportunity to submit corrected and revised plans. Ms. Reader asked if that was consistent with Mr. Carpaneto's requests. Mr. Capicotto said yes. Mr. Dichter said an environmental consultant was retained, but due to a conflict of interest, withdrew. Mr. Dichter said the letter received from the environmental consultant, who has now been withdrawn, was shared with the developer to provide him with an opportunity to amend the application covering the points of concern. There is a meeting scheduled for Wednesday morning, November 18, 1998, at 8:00 a.m. or 9:00 a.m. to discuss the situation with the developer. He said the video tape, which is very graphic, has not been found and he is still seeking to obtain a copy. Planning Board November 11, 1998 Page 6 Ms. Reader said the video tape also was taken before the work described at the last meeting was done. Mr. Dichter said the previously submitted pictures is particularly relevant to the wetlands issue, because it shows downstream flooding during rain. Mr. Reader stated the record should reflect that Dr. Mason has arrived at 8:50 p.m. Mr. Dichter said the pictures taken in 1996 of the downstream area, A, B, C, and D, are remarked exhibit #4 this date. The picture labeled A, is one of the neighbor with water up to her knees. Picture B, shows down stream flooding. Picture C, shows the water overflowing the curb and ponding on the subject property. Picture D, is a panoramic shot of the downstream flooding. Ms. Reader reiterated that these pictures were taken in 1996, prior to changes performed by the Town to improve drainage. Mr. Dichter said pictures A and B are behind the houses, two houses farther down stream than 26 Bonnie Way, three houses down stream to 28 Bonnie Way. Ms. Reader asked what Mr. Dichter is referring to when saying downstream. Mr. Dichter said that is towards Weaver Street, looking toward the subject property. Ms. Reader said that is 10 Bonnie Way, east of the property. Mr. Dichter said picture C, is the subject property. Picture D, is looking in the same direction as picture B, which is toward the subject property. Picture A, is looking more toward Weaver Street. Mr. Dichter said he would like his expert to be involved with the planning of whatever is to be done with drainage. Mr. Reader said she is not sure the expert can be involved. Ms. Altieri said if they would like to review the plans, they can. Ms. Reader said the expert can provide feedback. Mr. Dichter said they would like to be aware and possibly be helpful. He said the developer did receive a copy of the letter from Mr. Coleman, which consisted of three pages of information for the accompanying application. Mr. Reader said it is up to Mr. Knopp and his engineer to do what he wishes with that information. Mr. Dichter said he did provide the letter and rather than go through the issues now, he will wait and see • what evolves with respect to the project, the drainage problems and the revised plans to be submitted. Mrs. Dichter requested a copy of the revised plans when submitted. Ms. Reader informed Mrs. Dichter to go into the Building Department and a copy will be provided, when available. Ms. Reader asked if there were any other comments. Ellen Marcus of 10 Bonnie Way appeared, for the record. Planning Board November 11, 1998 Page 7 Ms. Reader asked if there were any other comments. There being none, on a motion made by Mr. Darsky, seconded by Ms. Harrington, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, adjourned to the December 9, 1998 Planning Board meeting. On a motion duly and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Chairwoman Reader read the next application as follows: CONSIDERATION - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Henry Compi - 19 Fenbrook Drive - Block 309 Lot 9 Gregor Volpe, of 410 Riverview Road, Irvington, New York, the project manager for the Mr. & Mrs. Henry Compi, appeared, along with the architect, John Kowalski. Mr. Volpe said the proposal is to construct a one-family residence at 19 Fenbrook Drive. Mr. Kowalski said he appeared before the Coastal Zone Management Commission (CZMC), which sent a letter to Mr. Carpaneto, the Building Inspector, requesting certain items for the next meeting. A wetlands specialist was hired, who will also appear at the next meeting. Mr. Volpe said it is an approved subdivision on Fenbrook Drive. The proposed house is within the setback envelope. The CZMC asked for the proposal to be moved forward from the brook area. It can be moved approximately 12 ft., because the envelope curves in on an angle due to the cul-de-sac on the setback. If the proposed construction is brought forward and to the left, it can be moved approximately 12 ft. Ms. Reader asked what the frontage will be. Mr. Volpe said it will still be within the envelope. Ms. Reader asked Mr. Volpe where the stream is. Mr. Volpe said the drainage area is at the corner of the property and the next door neighbor's property. After further discussion, Dr. Mason asked what that does in relation to the stream, as they were roughly 20 ft. into the setback from the stream with the previous setup. Mr. Volpe said they are about 8 ft. into the setback. When it is determined how far forward the proposed construction can go in the envelope, extra footage may be realized. Ms. Reader asked if the proposed construction will be approximately 92 ft. away from the stream. Mr. Volpe said yes. Mr. Volpe said they will try to make it as far from the stream as possible, without having to appear before the Zoning Board of Appeals. A discussion ensued regarding how the Board weighs the closeness to the stream, as opposed to the proximity to the cul-de-sac. Mr. Capicotto explained the process used in determining the envelope. Planning Board November 11, 1998 Page 8 Mr. Volpe said there is 20 ft. on the left side, 30 ft. on the right and 50 ft. on the top. Ms. Reader said what Mr. Volpe is trying to do is propose a project that satisfies the CZMC and zoning and still meet the conditions for a Freshwater Wetlands and Water Courses Permit. Dr. Mason asked Ms. Gallant if there is a provision in the Town Law, in this situation, where the Planning Board can grant a variance. Ms. Gallent said no, that does not apply in this case. The Town's Cluster subdivision regulation gives the Planning Board the power to vary zoning regulations. Mr. Volpe will inquire if the neighbors have gotten water in their basements, and if so, how they handled it. If there is a problem, Mr. Volpe will put a holding station or pump into the design drainage, which will be added on if needed. Mr. Capicotto asked if the house has a basement. Mr. Volpe said yes, it will have a basement. Mr. Kowalski also addressed that issue and demonstrated on the plan. Mr. Capicotto asked for the elevations of the basement slab. Mr. Volpe said the basement slab is 117.6, the first floor 126. He said JG Lotto designed the drainage for the dry wells. Mr. Volpe is not putting blacktop on the driveway, but gravel, to help the wetlands situation. This particular lot had two curb cuts for a driveway in and out. Mr. Papazian asked if it is a level piece of property. Mr. Volpe said the circular part will be level. The right parking area will probably be a little lower, according to the contours. Mr. Papazian said environmentally that is fine. Mr. Volpe reiterated they will reappear before the CZMC with the environmental expert and will try to move as far forward as possible. Mr. Darsky asked the size of the lot and the footprint. Mr. Volpe said the lot is 31,856 sq. ft., the lower level footprint is 32,282 sq. ft.. Ms. Reader said the patio is 530 sq. ft. and asked if that was separate from the house. Mr. Volpe said that is correct. Ms. Harrington asked if the flagstones are set in cement, or are pavers feasible? Mr. Volpe said the flagstones will probably be set in stone, and that it might be pavers. A discussion ensued regarding the porous material the pavers are set in. Mr. Capicotto asked if there is a perimeter drain plan for the foundation. Mr. Volpe said it is shown on the plan used in presentation. Planning Board November 11, 1998 Page 9 Mr. Capicotto asked if the dry wells are for the roof drains on the side? Mr. Volpe said they will add to that drainage system, depending on the conditions when the site work is done. He does not know exactly where the pump station will be put. Part of the basin might have to be sacrificed if rock is encountered. Mr. Papazian asked if there is going to be a pool. Mr. Volpe said no. A siltation fence will be installed to protect the back area and along the side. Top soil will be stockpiled in one area, to protect the drainage flow. Dr. Mason stated that many, many times assurances are provided about silt fences. Prior construction around that area has caused a great deal of siltation into the east branch of the Sheldrake down to the duck pond, which has undone a lot of very expensive work. Mr. Volpe said he understands the Board's concerns, will take it personally and will install whatever is needed. Dr. Mason said if the topsoil is stockpiled, it should be covered. Mr. Volpe asked if the Board wants the siltation fence around it, it can be done. He will also cover the stockpiled soil with plastic. After further discussion regarding the siltation fence and stockpiled soil, Ms. Reader said that is a standard condition. Mr. Volpe assured the Board all their concerns will be addressed, and if there is a point where hay bales are needed, they too will be provided. Mr. Capicotto asked if Mr. Volpe had any objection to providing a separate dry well for the pump. Mr. Volpe said the dry well will be put in the high point dry area and would rather add to that system if necessary. Ms. Reader asked Mr. Capicotto for clarification in regard to the separate system requested. Mr. Capicotto said it is for the sump pump in the basement. Mr. Volpe said when the scenario is shown, he will expand it to accommodate the need. Ms. Reader asked if the dry wells were preconstructed. Mr. Volpe said yes. Dr. Mason asked if it is a concrete cylinder. Mr. Volpe said they are the plastic type, as the depth is not there for the 6 ft. concrete type. Ms. Reader asked if the plastic dry wells have holes. Mr. Volpe said the plastic dry wells do have holes. Ms. Reader said this is a Type II action, and has been referred to the CZMC. Planning Board November 11, 1998 Page 10 Ms. Reader informed the applicant that the matter will be scheduled for a public hearing on December 9, 1998, and to be sure to submit any additional information at least one week prior to that date so it may be included in board packets. Chairwoman Reader read the next application as follows: CONSIDERATION - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Beverley H. Nalven - 91 Rockland Avenue - Block 210 Lot 588 Beverley Nalven, of 91 Rockland Avenue, Larchmont, New York, appeared. Ms. Nalven said she has met with the wetlands commission. She wants to add one bedroom and bath off the living room side, because there is no room around the back of the house. She needs a first floor bedroom, due to her husband's health. They have resided in the house since 1962. The addition will be on pilings over the existing blacktop driveway and flagstone terrace. Because of where the pilings will go, they will be adding to a retaining wall up to the edge. There will be more lawn and no change in the amount of permeable substance of runoff. The excavation will be minimal. A discussion ensued regarding the location of the property and the location of the addition. Dr. Mason asked if the entry to the garage will be under the house. Ms. Nalven said yes, and demonstrated on the pictures submitted and marked exhibit#1. The deck will stay, the staircase will be removed, the addition will go up to the edge of the chimney, and will come forward 5 ft. The back yard is partly the brook and they will be extremely careful. Ms. Reader asked if the Board would like to know anything else. Mr. Darsky asked who the architect is. Ms. Nalven said Leila Bright. Mr. Papazian asked the results of the zoning board. Ms. Nalven said they have not yet been to the zoning board. The house is nonconforming like many others in the area, and will appear before the zoning board at their next meeting. Ms. Nalven said she had letters in support of her application that she will submit to the zoning board. Ms. Reader said this is a Type II action. The CZMC has already submitted a letter to Mr. Carpaneto regarding this matter and summarized the letter for the record. Ms. Reader said the matter will be scheduled for a public hearing on December 9, 1998. During that time, Ms. Nalven will have appeared before the zoning board and possibly will have zoning board approval. Dr. Mason asked if there has been any reaction from the neighbors. Ms. Nalven said she has spoken to the immediate neighbors, who are all in support. Mr. Capicotto said that the plans show gutters on the addition and asked where the water will go. Ms. Nalven said the water will be dispersed into the plantings, as done with the gutters on the front of the house. In the back, there are drain pipes that go underneath to the brook. Mr. Papazian asked if the roof will be pitched or flat. Ms. Nalven said it will be pitched. Planning Board November 11, 1998 Page 11 Ms. Reader informed Ms. Nalven that if the architect or engineer has any questions, to contact the Town engineer. Ms. Nalven said hay bales were used before, and she will do whatever is necessary. Dr. Mason said whatever Ms. Nalven uses, whether hay bales, fence or whatever, be sure it is done properly and maintained, as he stated previously. NEXT MEETING The next meeting of this Board will be held on December 9, 1998. ADJOURNMENT On a motion made by Ms. Harrington, seconded by Dr. Mason, the meeting was unanimously adjourned at 9:35 p.m. 77) Marguerite R , Recording Secretary