HomeMy WebLinkAbout2021_05_12 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD
OF THE TOWN OF MAMARONECK
HELD REMOTELY Via ZOOM ON May 12 2021
Present via ZOOM: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Edmund Papazian,
Ira Block, Ron Mandel, John Cuddy (Alternate), Sarah Dunn (Alternate)
Also Present via ZOOM: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning
Board, Elizabeth Aitchison, Town Environmental Planner, Anthony Oliveri, Consulting Engineer,
Sabrina Fiddelman, Town Board Liaison, Francine M. Brill, Planning Board Secretary
CALL TO ORDER
The Chair confirmed with counsel that tonight's meeting had been convened in accordance with
the Governor's Executive Order 202.1, as extended, which suspends certain provisions of the Open
Meetings Law to allow municipal boards to convene meetings via videoconferencing.
He asked the Planning Board Secretary to confirm that tonight's meeting had been duly noticed.
Ms. Brill so confirmed.
Mr. Engel stated that members of the public received notice on how to view tonight's meeting on
TV and online. He stated that this meeting is being broadcast live on LMC-TV (channel 35 on
FIOS; channel 76 on Optimum) and online at LMCTV.org., and that a transcript will be available
at a later date.
Ms. Brill called the roll, and the Chair announced that there was a quorum present (via ZOOM).
Members of the Town staff and consultants identified themselves to viewers.
The meeting was called to order at 7:31 P.M.
Mr. Engel stated that there is a moratorium on mechanical rock removal in effect, which has been
extended through June, and he further stated that the Town has a moratorium on demolition of
existing dwellings in effect until November.
MINUTES
The minutes of the April 14, 2021 meeting were discussed and technical corrections made.
Motion: To approve the draft minutes of the April 14, 2021 meeting
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Unanimously Approved
1. 2434 Boston Post Road Special Use Permit Renewal Public Hearing
Michael Stein, Engineer, and Michael Lage the owner were present via ZOOM.
J.
Mr. Stein apologized that his letter was addressed wrong and he will correct it.
Mr. Wasp stated there are no violations.
The Board discussed the renewal.
There were no public questions or comments.
Motion: To close the public hearing
Moved by Edmund Papazian, seconded by Ron Mandel
Action: Unanimously approved
Motion: To approve the Special Use Permit Renewal
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Unanimously approved
RESOLUTION
EXTENSION OF SPECIAL USE PERMIT
LARCHMONT CAR WASH
2434 Boston Post Road
Town of Mamaroneck, New York
On motion of Elizabeth Cooney, seconded by Ira Block, the Special Use Permit extension
application of 2434 Boston Road Realty Corp. (the"Applicant")was APPROVED by the Planning
Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which
was unanimously adopted by a vote of 5 to 0 with no abstentions:
WHEREAS, the Applicant submitted an application to extend a Special Use Permit for a car wash
on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 503, Parcel 326.1; and
WHEREAS, Section 240-31(B)(1) of the Zoning Code of the Town of Mamaroneck permits the
application as a special use; and
WHEREAS, on April 10, 2019 the Special Use Permit was extended for two years; and
WHEREAS, the Town of Mamaroneck Planning Board (the "Planning Board") has determined
that the proposed action is a Type II action and that, therefore, no further action is required under
the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental
Quality Review Act; and
WHEREAS, the Planning Board conducted a duly noticed Public Hearing on April 14 and May
12, 2021 in accordance with Governor Cuomo's Executive Orders 202.1 and 202.15, as extended;
and
2
WHEREAS, the Planning Board has considered the application to extend the Special Use Permit
and related plans, comments and responses to questions by the Applicant, the reports and
comments of the Town Engineer and/or Consulting Engineer to the Town and any comments by
interested members of the public.
NOW, THEREFORE, BE IT RESOLVED that the Planning Board makes findings of facts as
follows:
A. The proposed use as limited by the conditions set forth herein is in general harmony with
the surrounding area and shall not adversely impact upon the adjacent properties due to
traffic generated by said use or the access of traffic from said use onto or off of adjoining
streets.
B. The operations in connection with the Special Use Permit will be no more objectionable to
nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects
than would be the operations of any other permitted use not requiring a Special Use Permit.
C. The proposed Special Use Permit use will be in harmony with the general health, safety
and welfare of the surrounding area by the nature of its particular location. It will not
adversely impact upon surrounding properties or surrounding property values.
D. The property subject to this Special Permit has no existing violation of the Town of
Mamaroneck Zoning Ordinance.
E. There has been no change in circumstances in the area, which would require the Planning
Board to deny this request.
BE IT FURTHER RESOLVED that this Board GRANTS this application for the RENEWAL
of a Special Use Permit subject to the following terms and conditions:
1. There shall be no signage placed on the rear of the site.
2. No gasoline shall be sold at the site.
3. Maximum hours of operation shall be from 7:00 a.m. to 8:00 p.m. Monday through
Saturday and 7:00 a.m. to 7:00 p.m. on Sunday.
4. There shall be no externally audible public address system, bullhorns or walkie-talkies
on the premises.
5. All lights, except for security lighting, shall be turned off at the close of business.
6. All lights, including those for the driveway, shall be directed toward the building and
away from neighboring properties, particularly the residential properties to the rear.
3
7. The Special Use Permit extension shall expire April 10, 2023, two years from the
expiration of the prior Special Use Permit extension.
8. This Special Use Permit extension is subject to the termination requirements set forth
in the Zoning Code of the Town of Mamaroneck.
9. Re-installation of pavement markings shown on the approved site plan shall be made
to the extent determined by the Town Engineer.
10. Onsite stormwater management systems shall be inspected and maintained on a regular
basis. Periodically a licensed professional engineer shall complete an inspection of all
onsite stormwater management systems, at the Applicant's expense. Such engineer
shall prepare a report based upon the inspection findings detailing the condition and
required system maintenance and shall submit the report for review and acceptance by
the Town Engineer. Submittal of such maintenance inspection reports shall continue to
be made at a frequency no less than once every two years at the time of special permit
renewal.
11. The Applicant shall submit documentation to demonstrate the performance of
necessary maintenance for the proper operation of the car wash water recovery and
reuse systems. Maintenance records must be prepared and submitted by a competent
individual having knowledge of the car wash mechanical systems to the satisfaction of
the Town Engineer. Submittal of such maintenance inspection reports shall continue to
be made at a frequency no less than once every two years at the time of special permit
renewal.
12. The Applicant shall ensure that the Property is operated and staffed to preclude cars
from waiting on and from backing up onto Boston Post Road.
This decision hereby is certified as true and correct and shall be filed with the Town Clerk.
2. 3 Cornell Street Residential Site Plan Public Hearing
Eliot Senor, Engineer, Shlomo Freidfertig, owner were present via ZOOM.
Mr. Engle stated that Mr. Cuddy has something to explain to the Board and Applicant regarding
swimming pools.
Mr. Cuddy explained that a sub-committee met to discuss if additional conditions would be
appropriate to approve pools in a Critical Environmental area. Possible conditions the Planning
Board may consider was discussed. He read their findings into the record.
The Board discussed maintenance, enforceability and grounds to issue violations.
Mr. Senor stated that it doesn't apply to this project.
The Board discussed the draft resolution and made technical corrections.
4
There were no public questions or comments
Motion: To close the public hearing
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Unanimously approved
Motion: To approve the Residential Site Plan
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Unanimously approved
RESOLUTION
Residential Site Plan Approval
3 Cornell Street
Town of Mamaroneck, New York
On motion of Elizabeth Cooney, seconded by Ira Block, the site plan application of 5 Cornell 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 swimming
pool, a pool deck, a pool equipment building and a storm water system, to build walls, to import
fill, to raise the elevation of the rear portion of the Property, and to install landscaping (the
"Application") at property located at 3 Cornell Street, Town of Mamaroneck, New York and
known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 1, Lot 205.2
(the "Property"); and
WHEREAS, the Property is split between the Town of Mamaroneck and the Town/Village of
Scarsdale; and
WHEREAS, Scarsdale has jurisdiction for the front of the Property, including the house, and the
Town of Mamaroneck has jurisdiction for the new pool, stormwater system and other
improvements in the rear of the Property; and
WHEREAS, the Applicant has proposed a 5-foot retaining wall across the rear of the Property,
and had proposed walls up to 5 feet in height along both sides of the Property, as well as to raise
the elevation of the portion of the Property in the Town by importing and spreading fill material;
and
WHEREAS, based upon a written agreement between the owner of the Property and the owners
of the property at 5 Cornell Street, a complete copy of which has been filed with the Town Building
Department, and an amended site plan regarding 5 Cornell Street which has been approved by the
Town Building Department, the proposed wall between the Property and 5 Cornell Street is not to
be constructed, and the elevation of the rear of the Property, where it adjoins 5 Cornell Street, is
to be substantially the same as the elevation of the 5 Cornell Street property; and
5
WHEREAS, the Applicant proposes to plant new evergreen screening along the perimeter of the
portion of the Property within the Town and to maintain the existing row of 12-foot-tall arborvitae
across the rear of 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
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 and April 7, 2021, stated that
the proposed site work is zoning compliant; and
WHEREAS, on May 12, 2021 the Secretary of the Planning Board stated for the record 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 AI Engineers, Inc., Dolph
Rotfeld Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans
(hereinafter referred to as the "Plans"):
• Engineers Drawings: "Stormwater Pollution Prevention Plan", Sheets: L-1, SW-1 & SW-2,
prepared by Gabriel Senor,P.C., last revised March 24, 2021
• Landscape Plan: "Landscape Plan", Sheet: L-1,prepared by Gabriel Senor,P.C., last revised
March 24, 2021.
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, the Planning Board opened a duly noticed public hearing for this Application on April 14,
2021 and continued it on May 12, 2021, in accordance with Governor Cuomo's Executive Orders
202.1 and 202.15, as extended;
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Town's Coastal
Zone Management Commission (the "CZMC") reviewed this matter at its meeting on February
22, 2021 and issued a letter to the Planning Board, dated March 1, 2021 (the "CZMC Letter"); and
WHEREAS, the CZMC Letter stated that the Applicant's proposal is consistent with the policies
of the Local Waterfront Revitalization Program; 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 heard comments from interested members of the public; 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(22)of
the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further
environmental review is required; and
6
WHEREAS, the Board finds that the Application conforms to the standards established by §178-
12 of the Residential Site Plan Law.
NOW, THEREFORE, 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. The Applicant shall submit the final plans to the Town Building Inspector and the Town
Engineer for review and approval prior to the granting of any building permits.
3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance
of any Town permits.
4. Pursuant to Section 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 Engineer as to whether the modification is material and thus should be further
considered by the Planning Board.
5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector and
the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all
earthwork and land disturbance to the Town Building Inspector for approval prior to
commencing site work. The Applicant shall notify the Town Building Inspector and Town
Engineer at least 72 hours (not including weekends and holidays) in advance of any site
disturbance to inspect the installation of erosion and sediment control devices and any other
measures intended to mitigate construction impacts.
6. 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,
the Town's Consulting Engineer, the Town's Environmental Planner and/or their designated
representative(s).
7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall
be issued until a signed site plan is delivered to the Town Building Inspector.
8. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion,the Applicant
shall deliver to the Town Building Inspector an"as built" survey, including, but not limited to,
all constructed site utilities and stormwater management structures.
9. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of
Occupancy or Certificate of Completion shall be issued until all of the required conditions of
this approval have been met.
7
10. 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.
11. All tree removal, protection and landscape plantings shall be in compliance with the approved
Plans and Chapter 207 of the Town Code (Trees), to the satisfaction of the Town
Environmental Planner.
12. The Applicant shall address all outstanding technical review comments to the satisfaction of
the Town Engineer prior to the issuance of any Town permits.
13. In accordance with Section 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.
14. Subject to any applicable moratorium, if there is to be any mechanical rock removal on the
Property, the Applicant shall comply with Section 106-58.1 of the Code of the Town of
Mamaroneck (the Town's mechanical rock removal law) and shall provide a complete copy
of the survey required by that Section to the owner(s) of the applicable surveyed lot(s) at least
ten (10) days before the mechanical rock removal is to commence.
15. With respect to the importation of fill material and land grading, at least seven (7) days prior
to the importation of any such material the Applicant shall provide the Town Engineer with
the source of all such material, to the satisfaction of the Town Engineer.
(a) Prior to the issuance of a Certificate of Completion, the Applicant shall provide the Town
Engineer with trucking manifests for all fill material imported to the site.
(b) All imported fill material shall consist of natural rock or of clean soils meeting the soil
constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10
technical memorandum.
16.(a)Pool filters shall be cleaned and organic waste removed in a manner that avoids any
contamination of the Property or any adjacent property.
(b) All pool chemicals shall be stored in closed containers.
(c) There shall be no discharge of water from a swimming pool on the Property other than into
the sanitary sewer as shown on the approved drawings; or to an appropriate tank vessel for
handling and disposal by a licensed waste hauler.
(d) Prior to the issuance of any Town permits, the Applicant shall submit revised Plans to
include the conditions herein set forth in 16 (a)-(c).
This decision hereby is certified as true and correct and shall be filed with the Town Clerk.
8
3. Pryer Manor Road Residential Site Plan/Wetlands and Watercourses Public
Hearing
Mr. Engel stated that there is a problem with plans PL1-PL2-PL3 they are signed by an architect
from Connecticut. The Board discussed the plans and it was decided that the Planning Board
does not need those plans to make a decision. Mr. Wasp stated those plans generally come as
part of the construction plans and the building department will need them stamped by a New
York state licensed architect.
Ms. Hand-Fry is licensed in both New York and Connecticut and her mis-stamped plans have
been corrected.
Mr. Wasp stated that the pool is in the 100 year flood plain and must follow the set standards in
Chapter 110.
Ms. Aitchison stated the Premium River is Tidal and the pool is at a higher elevation.
Possible pool floating if the area flooded was discussed, Mr. Oliveri stated it could be possible if
the pool was empty but the hydro static valves should prevent that.
Mr. Engel stated if PL1-2 and 3 is removed from the packet the Board would have a complete
application to vote on. Both Mr. Wasp and Mr. Oliveri agreed.
Ms. Hand-Fry stated she will place required information on the plan.
There were no public questions or comments.
Motion: To close the public hearing
Moved by Edmund Papazian, seconded by Ron Mandel
Action: Unanimously approved
Mr. Engel stated that the Site Plan and Wetlands Resolutions will be handled separately
Motion: To approve the Wetlands and Watercourses Resolution as modified
Moved by Elizabeth Cooney, seconded by Ron Mandel
Action: Unanimously approved
RESOLUTION
WETLANDS &WATERCOURSES PERMIT
22 Pryer Manor Road
Town of Mamaroneck, New York
9
On motion of Elizabeth Cooney, seconded by Ron Mandel, the application of Mark and Hettie
Sullivan(the "Applicant") for approval of a wetlands and watercourses permit was APPROVED
by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution,
which was adopted by a vote of_to_, with _abstentions:
WHEREAS, the Property is located at 22 Pryer Manor Road(known on the Tax Assessment map
as Section 5, Block 7, Lot 1 and within the R.10 Residential District in the Town of Mamaroneck,
New York(the "Property"); and
WHEREAS, the Applicant proposes to construct a rear yard addition and install a new swimming
pool, deck and extension of the driveway on the Property (the "Proposed Action"); and
WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application
at its meeting on February 22, 2021 and issued a letter to the Planning Board, dated March 1, 2021
(the "CZMC Letter"), which stated that it found the proposed action to be consistent with the
Local Waterfront Revitalization Program ("LWRP"); and
WHEREAS, the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph
Rotfeld Engineering Division, (the"Town's Consulting Engineer") reviewed the following plans
(hereinafter referred to as the "Plans"):
• Architectural Drawings: "The Sullivan Residence", Sheets: A-1 —A-14,prepared by Yestadt
Architecture+Design, last revised 4/26/21
• Engineering Drawings: "Proposed Renovation&Alterations 22 Pryer Manor Road", Sheets:
C-1 —C-2, prepared by Hudson Engineering & Consulting, P.C., last revised 4/26/21
• Landscape Drawing: "Schematic Plan", Sheets Ll, L2 and L3 prepared by Elizabeth Hand-
Fry, dated 4/26/21
WHEREAS, a duly noticed public hearing for the Application was opened on April 14, 2021 and
continued on May 12, 2021, concurrent with a separate application for residential site plan approval
pursuant to Chapter 178 of the Town Code and in accordance with Governor Cuomo's Executive
Orders 2021.1 and 202.15, as extended; 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
WHEREAS, according to the Town's 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, Town Code §110-17(C) states: "Whenever any portion of a floodplain is
authorized for development, volume of space occupied by the authorized fill structure below the
10
base flood elevation shall be compensated for and balanced by a hydraulically equivalent
volume of excavation taken from below the base flood elevation at or adjacent to the
development site. All such excavations shall be constructed to drain freely to the watercourse.
No area below the waterline of a pond or other body of water can be credited as a compensating
excavation"; and
WHEREAS, the Town's Building Inspector determined that a flood damage prevention variance
with respect to Town Code §110-17(C) 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 Chapter 110 of the
Town Code; and
WHEREAS, the runoff from the Property is directed to the Premium River which flows to the
Long Island Sound, which, according to the Applicant's engineer, has a surface area exceeding
1350 square miles; and
WHEREAS, the Applicant's engineer has estimated that 222 cubic yards of fill would displace
floodplain storage; and
WHEREAS, the Town's Consulting Engineer stated that the work proposed on the Property will
not cause any perceptible or measurable increase in base flood elevation; 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;
The Planning Board has reviewed the Coastal Zone Management Letter, Wetlands
Investigation Report and EAF Short Form.
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 will be no environmental impact from the
regrading of the site because no grade changes are proposed along the upland wetlands
boundary and the existing line of the phragmites will remain in place. In addition, no
grading or construction is proposed along the Premium River and all new surface water
discharges will be collected and diverted to a 495 square foot rain garden which is located
uphill from the wetland area. No net increase in the rate of stormwater discharge will occur
to the Premium River because the existing topography will not be altered along the river.
11
Therefore, the Planning Board finds that there will be no significant environmental impacts
created by the proposed action.
b. the alternatives to the Proposed Action:
The Planning Board determined that on the project site, there is no better alternative for the
pool location because it will be located uphill and away from the wetlands.
c. the impact of the Proposed Action on wetland functions and the benefits as set forth
in §114-1 of the Town Code:
The Planning Board has determined that no construction or grading will take place within 70
feet of the Premium River and existing drainage patterns in this area will remain. In
addition, no grading or disruption will occur along the marsh except where trees will be
planted to enhance the wetlands and to reduce lawn area. The Planning Board has
determined that the native plant materials will benefit the birds and that wildlife passage will
not be inhibited, because the swimming pool fence is located away from the marsh.
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 because the proposed structures are either tucked close to the furthest property line
from the marsh and river or adjacent to an existing built area of the property.
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 the use of a cartridge filter on the swimming pool filter system had
been included and, therefore, no backwashing is necessary. Permeable pavers are being
proposed in the driveway and pool area and are being added to a large portion of the
existing driveway to further reduce runoff into the rain garden.
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 there is no net loss of wetlands and no wetlands
boundaries will be disturbed except to hand install new wetlands-appropriate plantings where
none existed before. Lawn area will also be reduced to install these plant materials. Ten (10)
trees are being added to the end of the driveway near the wetlands planted area. The rain
garden intercepts surface drainage from the driveway,pool area and upper terrace. The peak
rate of runoff will not be increased over the existing conditions as shown on the plans. Plans
by the Applicant's engineer show measures to mitigate soil erosion using erosion control
measures and a storm water management plan for the project.
12
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 there is no interference with other property rights or
endangerment of public health, safety and welfare. The on-site infiltration is increased by the
installation of the large rain garden which is almost the entire length of the pool. The rain
garden buffers the marsh from the pool area and also creates new wildlife habitat space.
WHEREAS, the Planning Board, in consultation with the professional staff of and consultants to
the Town, finds that placement of a swimming pool in close proximity to wetlands and
watercourses has the potential of creating unique and serious hazards to environmentally-fragile
habitats that are required to be protected under Chapter 114 of the Town Code, but that such
hazards have been mitigated by the Applicant in the design which is hereby being approved; and
WHEREAS, the Planning Board has considered the Application and Plans; comments and
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 upon 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:
13
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 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, to the satisfaction of the
Town Engineer, as well as installation and maintenance of tree protection measures to the
satisfaction of 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
disturbance. The Applicant shall notify the Town Engineer and the Town Building
Inspector, 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 the 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. Failure to comply with one or more of the conditions of this approval may result in
revocation of the Wetlands and Watercourses Permit and any other related permits that the
Town Engineer deems 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 wetlands 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 and/or disturbed areas.
14
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 any Town permits, and to the satisfaction of the Town Engineer,
the Applicant shall incorporate a note on the Plans to indicate the source of all imported
fill material and that all imported fill material shall consist of clean soils meeting the soil
constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10
technical memorandum.
13. Prior to the issuance of any Town permits, and to the satisfaction of the Town Engineer,
the Applicant shall submit all trucking manifests for imported fill material.
14. Prior to the issuance of any Town permits, the Applicant shall obtain any and all applicable
federal and state permits and authorizations.
15. In accordance with Section 114-7(3) 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.
16. The Applicant shall submit redline revisions reflective of as-built conditions at the
completion of construction illustrative of the pool, patio and installed plantings, drainage
structures and utilities prior to the issuance of certificate of completion.
17. (a) Pool filters shall be cleaned and organic waste removed in a manner that avoids any
contamination of the Property or any adjacent property including, without limitation, adjacent
wetlands and watercourses.
(b) All pool chemicals shall be stored in closed containers kept in an enclosed area at a height
that exceeds the base flood elevation.
(c) There shall be no discharge of water from a swimming pool on the Property other than into
the sanitary sewer as shown on the approved drawings; or to an appropriate tank vessel for
handling and disposal by a licensed waste hauler.
18. Prior to the issuance of any Town permits, the Applicant shall submit revised Plans to include
the conditions herein set forth in 17 (a)-(c) and corrected Plans to the satisfaction of the Town
Engineer.
This decision is hereby certified and shall be shall be filed with the Town Clerk.
Motion: To approve the Site plan Resolution as modified
Moved by Ron Mandel, seconded by Elizabeth Cooney
15
Action: Unanimously approved
RESOLUTION
Residential Site Plan Approval
22 Pryer Manor Road
Town of Mamaroneck, New York
On motion of Ron Mandel, seconded by Elizabeth Cooney, the site plan application of Mark &
Hettie Sullivan (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 rear
addition to the house and install a pool, patio and driveway extension (the "Application") at
property located at 22 Pryer Manor Road, Town of Mamaroneck,New York and known on the Tax
Assessment Map of the Town of Mamaroneck as Section 5, Block 7, Lot 1 (the "Property"); and
WHEREAS, the Applicant has also applied for a wetlands and watercourses permit because a
large portion of the Property includes tidal wetlands; 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
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 February 23, 2021, stated that
the proposed site work is zoning compliant; and
WHEREAS, on May 12, 2021 the Secretary of the Planning Board stated for the record 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 AI Engineers, Inc., Dolph
Rotfeld Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans
(hereinafter referred to as the "Plans"):
• Architectural Drawings: "The Sullivan Residence", Sheets: A-1 —A-14,prepared by Yestadt
Architecture+Design, last revised 4/26/21
• Engineering Drawings: "Proposed Renovation&Alterations 22 Pryer Manor Road", Sheets:
C-1 —C-2, prepared by Hudson Engineering & Consulting, P.C., last revised 4/26/21
• Landscape Drawing: "Schematic Plan", Sheets Ll, L2 and L3 prepared by Elizabeth Hand-
Fry, dated 4/26/21
16
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, the Planning Board opened a duly noticed public hearing for this Application on April 14,
2021 and continued on May 12, 2021, concurrent with a separate application for a wetlands and
watercourses permit pursuant to Chapter 114 of the Town Code; and in accordance with Governor
Cuomo's Executive Orders 202.1 and 202.15, as extended; and
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Town's Coastal
Zone Management Commission (the "CZMC") reviewed this matter at its meeting on February
22, 2021 and issued a letter to the Planning Board, dated March 1, 2021 (the "CZMC Letter"); and
WHEREAS, the CZMC Letter stated that the Applicant's proposal is consistent with the policies
of the Local Waterfront Revitalization Program; 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 heard comments from any interested members of the
public; 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(22)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, THEREFORE, 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:
3. 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.
4. The Applicant shall submit the final plans to the Town Building Inspector and the Town
Engineer for review and approval prior to the granting of any building permits.
3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance
of any Town permits.
4. Pursuant to Section 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 Engineer as to whether the modification is material and thus should be further
considered by the Planning Board.
17
5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector and
the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all
earthwork and land disturbance to the Town Building Inspector for approval prior to
commencing site work. The Applicant shall notify the Town Building Inspector and Town
Engineer at least 72 hours (not including weekends and holidays) in advance of any site
disturbance to inspect the installation of erosion and sediment control devices and any other
measures intended to mitigate construction impacts.
6. 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,
the Town's Consulting Engineer, the Town's Environmental Planner and/or their designated
representative(s).
7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall
be issued until a signed site plan is delivered to the Town Building Inspector.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of
the Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior
HVAC equipment conforms with modern industry standards for sound emission and that best
practices for sound mitigation have been implemented.
9. Prior to the issuance of a certificate of occupancy or a certificate of completion, the Applicant
shall deliver to the Town Building Inspector an"as built" survey, including, but not limited to,
all constructed site utilities and stormwater management structures.
10. In accordance with Section 178-17.B of the Residential Site Plan Law, no certificate of
occupancy or certificate of completion shall be issued until all of the required conditions of
this approval have been met.
11. 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.
12. All tree removal, protection and landscape plantings shall be in compliance with the approved
Plans and Chapter 207 of the Town Code (Trees), to the satisfaction of the Town
Environmental Planner.
13. The Applicant shall address all outstanding technical review comments to the satisfaction of
the Town Engineer prior to the issuance of any Town permits.
14. In accordance with Section 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.
15. Subject to any applicable moratorium, if there is to be any mechanical rock removal on the
Property, the Applicant shall comply with Section 106-58.1 of the Code of the Town of
18
Mamaroneck(the Town's mechanical rock removal law) and shall provide a complete copy of
the survey required by that Section to the owner(s) of the applicable surveyed lot(s) at least ten
(10) days before the mechanical rock removal is to commence.
16. (a)Pool filters shall be cleaned and organic waste removed in a manner that avoids any
contamination of the Property or any adjacent property including, without limitation, adjacent
wetlands and watercourses.
(b) All pool chemicals shall be stored in closed containers kept in an enclosed area at a height
that exceeds the base flood elevation.
(c) There shall be no discharge of water from a swimming pool on the Property other than into
the sanitary sewer as shown on the approved drawings; or to an appropriate tank vessel for
handling and disposal by a licensed waste hauler.
17. Prior to the issuance of any Town permits, the Applicant shall submit revised Plans to include
the conditions herein set forth in 16 (a)-(c) and corrected Plans to the satisfaction of the Town
Engineer.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
4. 15 Greystone Road Subdivision Consideration
Ms. Hochman discussed sequencing, stating New York State Law allows the Planning Board to
refer a matter to the Zoning Board prior to voting on a proposal. She asked if any Board
members oppose sending the matter to the Zoning Board stating the rational is a subdivision
approval is more extensive and costly. It is legally permissible for either Board to go first and
she recommends that the Zoning Board is first.
Mr. Engel stated the Zoning Board may approve but the Planning Board may not. Mr. Stein
stated that the applicant understands
Mr. Engel further asked the applicant to correct the application to include both owners of the
property.
Motion: To refer to the Zoning Board
Moved by Ira Block, seconded by Elizabeth Cooney
Action: Unanimously approved
ADJOURNMENT
The meeting was adjourned at 9:02P.M.
Minutes prepared by
19
Francine M. Brill
Planning Board Secretary
20