HomeMy WebLinkAbout2024_04_17 Planning Board Minutes d' 9 MINUTES
.\ Planning Board Meeting
o p Wednesday,April 17, 2024
Q I o Senior Center- 1288 Boston Post Road,Larchmont,NY 10538
1- f x 7:30 PM
FOUNDED 1661
PRESENT: Ralph Engel, Chair
Elizabeth Cooney, Vice Chair
Ira Block, Board Member
Edmund Papazian, Board Member
ABSENT: Ron Mandel, Board Member
Sarah Dunn, Alternate Board Member ,
Elizabeth Aitchison, Environmental Coordinator V
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ALSO PRESENT: Lisa Hochman, Counsel to the Planning Board 0 °
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 7:31 i P.M. and Mr. Engel welcomed everyone and announced that a
quorum was present.
Ms. Hochman asked if all documents to be discussed this evening had been posted on the Town's
website for more than 24 hours, whether all required referrals had been made, whether all required
mailings relating to this evening's public hearing had been made,and whether all required signs relating
to this evening's public hearing had been posted. Ms. Sheeky answered yes to all.
MINUTES
The Board discussed the draft minutes of the March 13, 2024,meeting.
Motion: To adopt the draft minutes of March 13, 2024, as modified.
Moved by Ira Block seconded by Elizabeth Cooney
Action: Approved
Application#1 - 2399 Boston Post Road- 2399 Boston Post Road Rlty Co. - Site Plan,
Wetlands & Watercourses Permit, Special Use Permit—Consideration
Adjourned to the May 8, 2024 meeting.
Application#2-99 Colonial Avenue-Ishvinderjit Singh and Harkirtan Singh-Residential
Site Plan—Public Hearing
Mr. Engel stated that, since only four Planning Board members were present, the adoption of
any resolution approving the application this evening would require the affirmative vote of at
least three of the four.
Jorel Vaccaro, of Krypton Engineering, appeared before the Board on behalf of the applicant to
propose the demolition of the existing one-family house and the construction of a new single-
family house at 99 Colonial Avenue.
Mr. Vaccaro stated that the applicants appeared before the CZMC on March 18, 2024, and
received approval of their planting plan. Mr. Papazian asked the applicant to speak about their
plan for rock removal. Mr. Vaccaro said the rock removal plan would be dependent on the
Building Permit and Mr. Papazian asked if the applicants were aware of the Town Code
provisions related to rock removal, to which the applicant replied that they were. Mr. Papazian
then asked Mr. Vaccaro to explain runoff from the site. Mr. Vaccaro said they are proposing
additional pervious surface and will retain almost all runoff underground and reduce the volume
and rate of runoff significantly.
Mr. Alex Sacklowski of 48 Colonial Ave. asked what the duration of rock removal would be.
Mr. Singh said they would be allowed a maximum of 14 days per Code but that he would discuss
this with the Building Department when applying for the permit. Mr. Sacklowski asked if the
time permitted for rock chipping and blasting was the same and Ms. Cooney answered yes. Mr,
Sacklowski said he has seen both chipping and blasting on Colonial previously and that blasting
is preferred. Mr. Engel stated that additional notification would be provided to neighbors before
any rock removal or blasting occurred. Mr. Sacklowski asked if the provision for deliveries in
the resolution reflected the active school schedule, specifically late arrival, and early dismissal.
He said there are no sidewalks on Colonial and children must walk in the road. Mr. Papazian
asked if the draft resolution requires onsite parking. Mr. Vaccaro said that there is protection
along the curb for a Town tree that will also eliminate the ability for construction vehicles to
park there. Mr. Vaccaro said the driveway will be the construction entrance. Ms. Hochman
stated that she would update the language in the draft resolution to reflect that all construction
vehicles need to be parked onsite. Ms. Cooney asked if anyone was aware whether the school
also hosts a summer camp, and, if so, that the draft resolution should be updated. Ms. Hochman
said she would update the resolution to include any organized activity. Ms. Murray stated that
it is the responsibility of the applicants to inform themselves of the schedule posted on the
school's website.
Motion: To close the public hearing
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Moved by Elizabeth Cooney seconded by Edmund Papazian
Action: Unanimously approved
Motion: To approve the draft resolution as modified, approving the residential site plan
Moved by Edmund Papazian seconded by Ira Block
Action: Unanimously approved
RESOLUTION
Residential Site Plan Approval
99 Colonial Avenue
Town of Mamaroneck,New York
On motion of Ed Papazian, seconded by Ira Block, the site plan application of Ishvinderjit Singh and
Harkirtan Singh, (the "Applicant") was APPROVED by the Planning Board of the Town of
Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 4
to 0, with no abstentions:
WHEREAS, the Applicant has applied for residential site plan approval to construct a single-family
house(the"Application") at property located at 99 Colonial Avenue,Town of Mamaroneck,New York
and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1,Block 12,Lot 347(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 of the information required by the Residential Site Plan
Law and the Application was deemed by the Planning Board to be complete; and
WHEREAS, on April 17, 2024, 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 the New
York State General Municipal Law, and that 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 submitted in
connection with this Application(hereinafter referred to as the"Plans"):
• Architectural Drawings prepared by Devin Murray, AIA, with an issue date of October 27,
2023;
• Survey prepared by Ronald Persaud Land Surveying PC, dated December 28, 2023;
• Site Plan and Civil Drawings, including"Proposed Site Plan"prepared by Krypton
Engineering, dated March 28th, 2024; and
• Planting Plan prepared by Devin Murray, AIA, sealed March 18, 2024.
WHEREAS, the Town Building Inspector had reviewed the Plans and issued a memorandum, dated
April 2,2024(the"Zoning Compliance Memo"),which stated: "After a review of the plans dated March
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28, 2024, sheet C-100.00 prepared by Krypton Engineering for a proposed single-family dwelling at 99
Colonial Avenue I found that the plan is zoning compliant for a property in an R-6 zoning district"; and
WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its
meeting on March 18, 2024, and issued a letter to the Planning Board, dated April 2, 2024(the"CZMC
Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront
Revitalization Program ("LWRP"); 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 Secretary to the Planning Board having confirmed compliance with the notification
procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public
hearing about this Application on April 17, 2024; and
WHEREAS,the Planning Board has considered the Application, comments and responses to questions
by the Applicant and its representatives, the Zoning Compliance Letter, the reports and comments of
the Town's Consulting Engineer, and heard and considered any comments from interested members of
the public; and
WHEREAS, the Planning 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:
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 Planning Board, which
modifications were agreed to by the Applicant.
2. The Applicant shall submit the final plans to the Town Building and Engineering Departments 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.
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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 Engineer for approval at least seventy-two (72) hours
(not including weekends and legal holidays) prior to commencing site work. The Applicant shall
notify the Town Building Inspector and the Town Engineer at least seventy-two (72) hours (not
including weekends and legal 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 legal 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 site plan signed by the Town Engineer 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 and any generator conform to 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 Department,in a form and size acceptable to the Town Engineer,
on paper and digitally, an "as built" survey, signed and sealed by a New York State licensed
surveyor, including, but not limited to, all constructed improvements, 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 successors or assignees 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.
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15. 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
commences.
16. With respect to the importation of fill material and land grading,if any, 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.
• Prior to the issuance of a Certificate of Occupancy or Certificate of Completion, the Applicant
shall provide the Town Engineer with trucking manifests for all fill material imported to the site.
• 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.
17. To avoid exacerbating congestion during school drop off and pickup,on days when school or camp
is in session, or when there is other organized activity with children at the Murray Avenue School,
deliveries shall be prohibited between the hours of 8:00 to 9:00 A.M. and 2:30 to 3:30 P.M., as
well as such other periods of time, as determined by the Town Building Inspector,so as to minimize
interference with children arriving at and departing from the Murray Avenue School.
18. All constructions vehicles shall be parked on the Property until all construction has been completed.
This decision is hereby certified as true and correct and shall be.filed with the Town Clerk.
Application #3—21 Edgewood Avenue—Heather and Michael Feinman- Subdivision -
Consideration
Michael Britt and Vincent Leto of Westchester Modular Homes were present to address the
Board. The application is to subdivide the current lot into three(3) lots.
Mr. Leto stated that the applicants attended a second PEER meeting with staff to further discuss
the proposal. The engineer for the applicants had a follow-up conversation with Mr. Oliveri.
Consulting Engineer to the Town, and, in addition, utilities were identified and updated plans
were submitted.
Mr. Engel stated that approval of the subdivision does not permit anything to be built on the land
and that would be dealt with in the residential site plan applications. Mr. Oliveri said several
comments were shared on stormwater and that he spoke with the engineer for the project about
what the concerns were, including, but not limited to, the proposed rain garden at the back of
the property on Edgewood, and overflow. Mr. Engel stated that the Board is aware that both
properties tilt toward Myrtle and that Myrtle floods. Mr. Engel also stated that, going forward,
the labeling of lots in submission materials needs to be consistent, as some of the existing
materials reflect two different labeling systems. Mr. Engel asked Mr. Oliveri if permeable
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pavement was discussed,to which Mr. Oliveri replied that the proposed driveway and patio are,
but they are waiting on detail to see if this will reduce the flow of water.
Mr. Engel addressed the issue of trees and stated that the new Tree Law would require sixty
trees to be planted, and said that the applicants should meet with Elizabeth Aitchison,
Environmental Coordinator for the Town, to discuss which trees should be saved and which
trees should be removed. Mr. Leto stated that the Landscape Architect for the project did speak
with Ms. Aitchison and understands how much would have to be given to the tree fund if they
were not able to replant. Mr. Engel stated that the tree removal application would need to go
before the Planning Board and that the Planning Board would seek the advice of the Coastal
Zone Management Commission.
Mr. Engel requested confirmation that, as to the application for subdivision, all lots would
conform with zoning requirements, and the applicant replied they would. Mr. Block asked if
there is a site plan, to which Ms. Sheeky replied that the residential site plan applications are not
yet complete for Board review.
Mr. Engel referred the application to the CZMC.
Ms. Hochman explained the Town's process for subdivision, which includes a public hearing
for the preliminary layout and a public hearing for the final plat approval.
Mr. Engel asked if the application was ready to be scheduled for a public hearing, to which Ms.
Hochman replied that she would confer with Ms. Aitchison as to whether and, if so, how the
action has been classified under SEQRA.
Motion: To adjourn the meeting at 8:24 P.M.
Moved by Edmund Papazian seconded by Ira Block
Action: Unanimously approved
Minutes pre ared by
Jami Sheek.
Planning Board Secre ry
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