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HomeMy WebLinkAbout2021_01_13 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD REMOTELY Via ZOOM ON JANUARY 13, 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. Mr. Engel further stated that public hearings tonight will be conducted in accordance with the Governor's Executive Order 202.15, as extended, and the notices for tonight's meeting provided members of the public with instructions on how to view and participate in each public hearing. 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 rock removal in effect, which has been extended through June and he further stated that the Town adopted a new mechanical rock removal law. MINUTES The minutes of the December 9, 2020 meeting were discussed and modifications were proposed. Motion: To approve the draft minutes of the December 9, 2020 meeting, as modified Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously Approved 1 151 Rockingstone Avenue—85 Colonial, LLC —Residential Site Plan - Consideration Eliot Senor, Engineer, Fred Grippi Architect, and Josh Freidfertig, on behalf of 85 Colonial, LLC, were present, via ZOOM, on behalf of the applicant. Mr. Senor shared his screen and explained the proposed plan. He stated that the retaining walls are in the Town's right-of-way and the existing driveway is near the intersection of Rockingstone and Mountain Avenues. The plan is to move the driveway to Wildwood Road to allow a safer sight distance. Mr. Engel stated that the Planning Board cannot give any permission with respect to Town-owned property. Mr. Wasp stated that the applicant can request a transfer of ownership or a simple maintenance agreement with the Town regarding the retaining wall. Mr. Senor agreed to work with the Town. Mr. Senor stated that there have been percolation tests and deep test pits. Landscaping was discussed. Mr. Engel explained that there are problems with the submitted documentation of ownership intended to confirm that the executor of the estate of the deceased owner of the property had the right to sell the property to the applicant. Mr. Engel pointed out that the submitted letters testamentary expired prior to the date of the submitted deed. He further stated that he had spoken to the applicant's attorney and had explained the required documentation. Mr. Block and Ms. Cooney also raised concerns about how and whether title to the property was transferred. Mr. Oliveri stated that the applicant responded to his earlier comments and he has issued a follow up memo with additional comments on the application. He asked the applicant to clarify the plans with respect to grading, silt fencing and tree protection. Ms. Aitchison, stated that she feels some of the trees slated to be removed could remain if the proposed grading plan were changed. Mr. Papazian asked about water runoff and Mr. Senor stated that water runs towards the streets, not neighboring properties, Mr. Wasp stated that he is not aware of any historic drainage or flooding problems. Mr. Freidfertig responded to the question about ownership, stating that the applicant is an LLC that purchased the property and the deed has been recorded. Mr. Block explained that the documents submitted do not show whether or not title was properly transferred. Mr. Engel stated that the missing document (i.e., updated letters testamentary) costs a minimal amount and should be readily obtainable. Mr. Senor stated that the applicant will provide the required documents. The Board discussed whether to set a public hearing for February if all the required documents are received. 2 Motion: To refer the application to the Town Traffic Committee, and Coastal Zone Management Commission and to set a public hearing for February 10, 2021 if all required documents are received fourteen days prior. Moved by Elizabeth Cooney, seconded by Edmund Papazian Action: Approved, 3-2 Yes: Elizabeth Cooney, Edmund Papazian, Ron Mandel No: Ralph Engel, Ira Block 68 Sherwood Drive—Maria Elena Stiso and Annette Stiso,as executrix of the estate—of Victor Stiso - Residential Site Plan - Consideration Annette Stiso, Pasquale Stiso and Stephen Marchesani were present on behalf of the applicant via ZOOM. Mr. Marchesani,the applicant's architect, shared his screen and explained the proposal to construct a new one-family house and detached garage. He further stated that percolation tests were done but the report has not been received. Mr. Wasp read into the record a memo from the Building Inspector, Mr. Polcari, which stated that a portion of the proposed driveway does not conform to the Town's zoning requirements. Mr. Wasp stated that the applicant should be able to correct the plan prior to the next meeting. Ms. Aitchison stated that she requires tree protection to be shown on the plan for the large maple tree and she also asked that the matter be referred to the Coastal Zone Management Commission. Mr. Block stated that the name on the deed does not match the name on the application. Mr. Engel responded that this mistake was raised before the application was slated to appear on the agenda for the December meeting and has since been corrected. Ms. Stiso, the executrix of the estate, clarified that the co-applicants are her mother and the estate, as tenants-in-common. It was also pointed out that (in contrast to the application for 151 Rockingstone), the letters testamentary did not expire prior to the date on the deed. Mr. Oliveri stated that he reviewed the stormwater plan and that he believes the outstanding issues can be resolved before the next meeting. He further suggested that porous pavers be used on the lower portion of the driveway. Motion: to refer the matter to the Coastal Zone Management Commission and schedule a public hearing for February 10, 2021 Moved by Elizabeth Cooney, seconded by Ron Mandel Action: Unanimously approved OLD BUSINESS 3 The Board discussed the status of enforcement against Pepe Porsche and Mr. Wasp stated that the Building Department has issued violations. Mr. Engel added that the Town Attorney, William Maker, has filed papers in connection with the appeal and the matter is in the hands of the Appellate Court. ADJOURNMENT Meeting was adjourned at 9:14 P.M. Minutes prepared by Francine M. Brill, Planning Board Secretary 4