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HomeMy WebLinkAbout2024_09_11 Planning Board Minutes 6 /y MINUTES X. To Planning Board Meeting 0 0 Wednesday, September 11, 2024 _ w n Town Center-740 W. Boston Post Road, Larchmont, NY 10538 ►- q 7:30PM FOUNDED 16G1 PRESENT: Ralph Engel, Chair Elizabeth Cooney, Vice Chair Ira Block,Board Member Edmund Papazian, Board Member Ron Mandel, Board Member (present for the first hour) Sarah Dunn, Alternate Board Member ALSO PRESENT: Elizabeth Aitchison, Environmental Planner Lisa Hochman, Counsel to the Planning Board • Anthony Oliveri,P.E., Consulting Engineer ' Carol Murray, P.E., Deputy Town Engineer Jami Sheeky, Planning Board Secretary CALL TO ORDER The meeting was called to order at 7:30 P.M. and Mr. Engel welcomed everyone and asked for a moment of silence to commemorate 9/11. The Secretary called the roll and established that a quorum was present. MINUTES The Board discussed the draft minutes of the August 14, 2024, meeting. Motion: To adopt the draft minutes of August 14, 2024 Movedby Elizabeth Cooney seconded by Ira Block Action: Approved Abstained: Edmund Papazian Application #1 -2399 Boston Post Road- 2399 Boston Post Road Rlty Co. - Site Plan, Wetlands & Watercourses Permit, Special Use Permit-Consideration Adjourned to the October 9, 2024 meeting by request of the applicant. Planning Board September 11, 2024 Application #2—21 Edgewood Ave—Heather and Michael Feinman—Subdivision— Public Hearing Michael Liguori, counsel to the applicant, Michael Britt and Vincent Leto of Westchester Modular Homes, Raul Bello, R.A., Stephen Lopez, AICP, RLA, and Anthony Pisani, P.E. were present to address the Board on behalf of the applicant. Ms. Hochman, representatives of the applicant, and members of the Planning Board discussed the New York State Environmental Quality Review Act (SEQRA) and Town of Mamaroneck's subdivision approval processes. Mr. Liguori stated his objection to opening the public hearing prior to adopting a negative declaration. Ms. Hochman stated that, since there will be another, separate public hearing prior to approval of the final subdivision plat, the Board may conclude SEQRA prior to the opening of this public hearing on the preliminary layout. Ms. Aitchison read aloud Part 3 of the SEQRA Environmental Assessment Form (EAF). The Board discussed the EAF and the draft determination of non-significance (i.e., the negative declaration) Motion: To open the public hearing on the preliminary subdivision layout and to conclude the SEQRA process. Moved by Elizabeth Cooney seconded by Ron Mandel Action: Unanimously approved Paul Schwendener, of 27 Edgewood Ave., read a statement expressing concerns about deforestation, erosion and neighborhood flooding. His written statement, dated September 11, 2024,has been entered into the record. Patrick Macardle, of 62 Myrtle Blvd.,raised questions and concerns about drainage, stormwater management and flooding. Karen Bonaparte, of 44 Myrtle Blvd., asked questions about the water retention system and the tree removal process. Elizabeth Sanger, of 28 Edgewood Ave., expressed concern over the removal of the Norway spruce and asked for as many trees as possible to be saved. Ms. Sanger also inquired if the project was zoning compliant, and about the rock blasting hours permitted by the Town. Sharon Parente, on behalf of Catherine and Stuart Wachs of 31 Edgewood Ave., raised concerns about rock removal. Ilco Blazev, of 68 Myrtle Blvd., expressed concerns about flooding and inquired about the proposed stormwater plan. 2 Planning Board September 11, 2024 Board members discussed with Town staff and its Consulting Engineer issues related to drainage, rock removal and trees. Note that Board member Ron Mandel left the meeting at 8:45 PM and Alternate Sarah Dunn took his place to cast a vote in the following actions. Motion: To close the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Unanimously approved Motion: To adopt a draft resolution approving the Negative Declaration and Preliminary Layout Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Unanimously approved RESOLUTION SEQRA Determination of Non-Significance and Decision on Preliminary Subdivision Layout 21 Edgewood Avenue, Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Edmund Papazian, in connection with a subdivision application by Heather and Michael Feinman(collectively,the"Applicant"),the Planning Board adopts a determination of non-significance pursuant to the New York State Environmental Quality Review Act, 6 NYCRR §617 et seq., ("SEQRA") and Chapter 92, Article 1 of the Town Code of the Town of Mamaroneck ("MEQR") and, further, conveys its tentative conclusion that the preliminary subdivision layout is satisfactory pursuant to the requirements of the Town Code of the Town of Mamaroneck (Town Code) Subdivision Law, upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions. WHEREAS, the subject property is located at Block 123, Lot 30 with a street address of 21 Edgewood Avenue in the Town of Mamaroneck (the"Subject Property"); and WHEREAS, the Applicant filed an application for the subdivision of one lot into three lots (the "Proposed Action")pursuant to Chapter 190 of the Town Code (the "Town Subdivision Law"); and WHEREAS, the Applicant has provided all of the information required by the Town Subdivision Law and the Application was deemed by the Planning Board to be complete; and WHEREAS, the Town Building Inspector issued a memorandum, dated September 4, 2024 (the "Zoning Compliance Memo"), which, based upon review of plans dated August 23, 2024, prepared by Bello Architects, found that the all three lots are zoning compliant for properties in an R-6 district; 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 submitted in connection with this Application (hereinafter referred to as the"Plans"): 3 Planning Board September 11, 2024 • Topographic Survey prepared for Michael Feinman and Heather Feinman, prepared by TC Merritts Land Surveyors, dated September 7, 2023, last revised April 3, 2024; • Subdivision Plat prepared for Michael Feinman and Heather Feinman, prepared by TC Merritts Land Surveyors, dated October 10, 2023, last revised July 2nd, 2024 • Drainage/Utility Plan, prepared by Anthony S. Pisarri, P.E., P.C., dated April 22, 2024, last revised August 23, 2024; • Drainage Study For Proposed 3 Lot Subdivision,prepared by Anthony Pisarri, P.E., P.C. dated June 25, 2024; • Feinman Residence—Proposed Site Plan, prepared by Bello Architecture, PLLC, dated August 23rd, 2024; • Tree Removal Plan, prepared by Stephen Lopez, AICP, RLA, dated February 26, 2024, last revised May 7th, 2024; and • Landscape Plan,prepared by Stephen Lopez, AICP, RLA, dated February 26, 2024, last revised August 24th, 2024. WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on May 20, 2024, and issued a letter to the Planning Board, dated May 24, 2024 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP") "provided that the existing system in Myrtle Boulevard can handle the overflow from the new homes without exacerbating the flooding conditions currently experienced by the residents in the neighborhood"; and WHEREAS, the Proposed Action was considered and discussed at duly noticed meetings of the Planning Board held on March 13, April 17, June 12, August 14, and September 11, 2024; and WHEREAS, based, in part, on the CZMC Letter, the Planning Board requested the Applicant meet enhanced stormwater management criteria beyond attenuation of the peak flow from the twenty-five- year design storm typically required by Town Code, and WHEREAS, at the Planning Board meeting on September 11, 2024, the Town's Consulting Engineer stated that the Applicant has demonstrated that the proposed on-site stormwater detention systems are designed to mitigate the rate of runoff from a 100-year design storm to a level below that of the undeveloped condition; and WHEREAS, a duly noticed public hearing on the preliminary layout was conducted on September 11, 2024; and WHEREAS, another public hearing will be conducted in connection with the final subdivision plat; and WHEREAS, the Proposed Action is an unlisted action pursuant to SEQRA and MEQR; and WHEREAS, the Board reviewed and discussed a draft determination of non-significance of the Proposed Action (the "Negative Declaration") on September 11, 2024; and 4 Planning Board September 11, 2024 WHEREAS, Section 190-8(A)of the Town's Subdivision Law provides that,before the Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval, without qualification, of the Westchester County Department of Health, Westchester Joint Water Works and any other agency having jurisdiction over the premises (together, the"Necessary Certifications"); and WHEREAS,the Planning Board has considered the Application and the preliminary layout,the Zoning Compliance Memo, statements and responses to questions by the Applicant and its representatives; memos, letters,reports and comments of the Town Engineer, the Town Environmental Planner, CZMC and the Planning Board's consultants and counsel, and has heard and read testimony and reviewed other submissions from interested members of the public; and WHEREAS, at the meeting of the Planning Board on September 11, 2024, the Planning Board conveyed to the Applicant its tentative conclusion that the preliminary layout is satisfactory pursuant to Section 190-7 of the Town's Subdivision Law. NOW,THEREFORE,BE IT RESOLVED,that,pursuant to SEQRA and MEQR,the Planning Board hereby APPROVES the adoption of the Negative Declaration dated September 11, 2024, a copy of which will be kept on file with the Town's Building Department. BE IT FURTHER RESOLVED, that the Planning Board hereby conveys its tentative conclusion that the preliminary layout is satisfactory pursuant to Section 190-7 of the Town's Subdivision Law and authorizes the Applicant to obtain the Necessary Certifications pursuant to Section 190-8 of the Town's Subdivision Law and thereafter return to the Planning Board for approval of the final plat. The.foregoing resolution is hereby certified by the Planning Board Secretary as true and correct. Application #2—7 North Brook Road—N. Brook Rd., Inc.—Subdivision,Residential Site Plan, Wetlands and Watercourses Permit—Consideration Ms. Aitchison stated that, since the application involves only the construction of one single-family home, it is a Type 2 action under SEQRA and, as such, no determination of environmental significance is required. Paul Noto, counsel to the applicant, Pietro Catizone, P.E., and Brian Riley, P.E. were present to address the Board on behalf of the applicant. The application proposes a subdivision of a large residential lot with the existing house to remain and the construction of a zoning compliant single-family dwelling,with proposed work within the wetlands buffer. Mr. Noto requested the scheduling of a public hearing. Mr. Engel asked if a response to the Town's Consulting Engineer's memo, dated August 8, 2024,had been submitted, and the applicant confirmed that it had not. The Board thus determined that the application is not ready for public hearing. The applicant was asked to submit its response to the Consulting Engineer's memo before the deadline to submit documents to be reviewed at, and to appear for further consideration at, the Board's October meeting 5 Planning Board September 11, 2024 Application#3— 14 Doris Road - MCS Investment LOC LLC-Residential Site Plan - Consideration Sid Schlomann, architect for the applicant, was present to address the Board. Mr. Schlomann explained that the application proposes a zoning compliant single-family dwelling with no regrading of the land. Because the plans presented by the applicant had not been submitted to the Board prior to the submission deadline, the applicant was asked to resubmit before the deadline, and to appear for further consideration, at the Board's October meeting. The meeting was adjourned at 9:56 P.M. Minutes prepared by ' aik,ki, Wr .arni Sheeky, Planning Board Secretary 6