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HomeMy WebLinkAbout2024_11_13 Planning Board Minutes 0� 47- MINUTES Planning Board Meeting 0 o Wednesday,November 13, 2024 _ Senior Center- 1288 Boston Post Road, Larchmont,NY 10538 7:30 PM FOUNDED 1661 PRESENT: Ralph Engel, Chair Elizabeth Cooney,Vice Chair Edmund Papazian,Board Member Sarah Dunn, Alternate Board Member ABSENT: Ira Block, Board Member Ron Mandel, 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 Jaini Sheeky, Planning Board Secretary CALL TO ORDER The meeting was called to order at 7:30 P.M. The Secretary called the roll and established that a quorum was present. The Secretary then stated that all documents to be discussed had been posted to the Town website at least 24 hours prior to the start of the meeting. MINUTES The Board discussed the draft minutes of the October 9,2024, meeting. Motion: To adopt the draft minutes of October 9, 2024, as modified. Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Unanimously approved Abstained: Sarah Dunn Application #1 — 14 Doris Road - MCS Investment LOC LLC- Residential Site Plan - Public Hearing Sid Schlomann, architect for the applicant, was present to address the Board and explained that the application proposes a zoning compliant single-family dwelling with no regrading of the land. Planning Board November 13, 2024 Mr. Schlomann stated that the applicant is retaining an arborist to ensure that the large cotton wood tree on the site will be protected throughout construction. The Chairman asked staff whether items in previously issued memos have been addressed, to which Ms. Aitchison and Mr. Oliveri replied yes. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Unanimously approved No comments were made by members of the public in attendance. Motion: To close the public hearing Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved The Planning Board discussed the draft resolution prepared by counsel. Motion: To approve the resolution Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION Approval of Residential Site Plan and Tree Removal Application 14 Doris Road Town of Mamaroneck, New York On motion of Edmund Papazian, seconded by Elizabeth Cooney, the residential site plan application and tree removal application of MCS Investment LOC LLC, (the "Applicant") were 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 pursuant to Chapter 178 of the Town of Mamaroneck Town Code (the"Residential Site Plan Law")to construct a single-family house at property located at 14 Doris Road, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 3, Block 33, Lot 1148 (the "Property"); and WHEREAS, the Applicant has also submitted an application pursuant to Chapter 207 of the Town Code (the "Tree Law") to remove four(4)trees on the Property; and WHEREAS, pursuant to the Tree Law, because the Applicant seeks residential site plan approval, the Planning Board is the approving authority for the Applicant's tree removal permit; and WHEREAS, the Applicant has provided all of the information required by the Residential Site Plan Law and the Tree Law and both applications were deemed by the Planning Board to be complete; and 2 Planning Board November 13, 2024 WHEREAS, Section 207.A of the Tree Law states: "If the approving authority determines that less than all of the required number of replacement trees can be planted on-site,the approving authority shall require the payment of a fee to the Tree Planting Fund to satisfy the unmet portion of tree replacement"; and WHEREAS, the Town's Environmental Planner issued a memo to the Planning Board, dated November 6, 2024 (the "Environmental Planner's Memo"), which sets forth the number, type and diameter of the trees to be removed as well as the total number of required replacement trees pursuant to Chapter 207 and the number of replacement trees proposed by the Applicant; and WHEREAS, the Environmental Planner's Memo further stated her opinion that there is insufficient room on the Property to plant more than the five (5) proposed replacement trees and, as a result, a fee of$3,000 should be made to the Town of Mamaroneck Tree Planting Fund ("Tree Planting Fund") in lieu of planting the remaining 10 replacement trees; and WHEREAS, at the meeting on November 13, 2024, it was clarified that, notwithstanding the Environmental Planner's Memo, the Plans (as hereinafter defined) reflect that six (6) trees will be planted on site; and WHEREAS, based on the fact that the Applicant has proposed to plant six (6) trees on site, including one additional tree that was not reflected in the Environmental Planner's Memo, the Environmental Planner recommended, at the meeting on November 13, 2024, that a fee of$2,700 be made to the Tree Planting Fund, in lieu of planting the remaining nine (9) replacement trees, reflecting a $300 reduction from $3,000 to $2,700; and WHEREAS,the Environmental Planner's Memo further stated that a tree protection plan was prepared by Carriage House Gardens &Assoc. Inc., (the "Applicant's Arborist"), dated October 25, 2024 (the "Tree Protection Plan"), to protect the Norway spruce and Eastern cottonwood trees in the Property's rear yard during construction; and WHEREAS,the Environmental Planner's Memo recommended that the Applicant hire the Applicant's Arborist to oversee the implementation and maintenance of the Tree Protection Plan for the duration of the construction on the Property; and WHEREAS, on November 13, 2024, the Secretary of the Planning Board stated for the record that any and all required referrals were made in accordance with the Tree Law, 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 the proposed action(hereinafter referred to as the"Plans"): • Architectural Plans entitled: "MSC Investment LOC LLC New 1 Family Dwelling", prepared by SI Design, dated October 29, 2024 • Stormwater Management and Erosion and Sediment Control Plan,prepared by Holt Engineering & Consulting, PA, dated January 11th, 2024, revised October 17, 2024 3 Planning Board November 13, 2024 • Site Plan & Planting Plan, prepared by Daniel Sherman, RLA, dated July 26, 2024, and revised October 24, 2024 • Property Survey, prepared by John Gerd Heidecker, L.S., dated May 15, 2024 WHEREAS, the Town Building Inspector issued a memorandum, dated November 8, 2024 (the "Zoning Compliance Memo"), which stated that based upon his review of the plans dated August 26, 2024, and last revised on October 29, 2024, prepared by SI Designs for a single-family dwelling at 14 Doris Road, the plans comply with Chapter 240 of the Town Code for a property in an R-20 zoning district; and WHEREAS,the Coastal Zone Management Commission(the"CZMC")reviewed the proposed action at its meeting on October 28, 2024, and issued a letter to the Planning Board, dated November 5, 2024 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS, the Planning Board finds that the proposed action conforms to the standards and requirements of the of the Residential Site Plan Law and the Tree Law; and WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing on November 13,2024; and WHEREAS, the Planning Board has considered the proposed action, including the herein specified Plans,comments and responses to questions by the Applicant and its representatives,the Environmental Planner's Memo,the Zoning Compliance Letter,the CZMC Letter,the Tree Protection Plan,the reports and comments of its staff and consultants, including the Town's Environmental Planner and the Town's Consulting Engineer, and heard and considered comments from interested members of the public; and WHEREAS, the Planning Board agrees with the recommendations of the Environmental Planner with respect to the number, type and diameter of the trees to be removed as well as the total number and type of required replacement trees to be planted on site, and that a fee of$2,700 shall be paid to the Tree Planting Fund in lieu of planting the remaining nine(9)replacement trees; and WHEREAS,this is a Type 2 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. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby adopts the recommendations of the Environmental Planner, and APPROVES the Applicant's amended tree removal application, as reflected in and in conformance with the Plans, including, without limitation, the Tree Protection Plan, and subject to, inter alia, Conditions 16, 17, 18 and 19 enumerated below. NOW,THEREFORE,BE IT FURTHER RESOLVED,that the Planning Board hereby APPROVES the Applicant's residential site plan for the Property as reflected in and in conformance with the Plans, subject to the terms and conditions enumerated below: 4 Planning Board November 13, 2024 Conditions: 1. All site work including tree removal 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, federal and/or 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 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 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, trees, site utilities and stormwater management structures. 5 Planning Board November 13, 2024 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. 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. If there is to be any mechanical rock removal on the Property, the Applicant shall comply with Section 106-58.1 of the Town Code (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. 15.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. 16. Pursuant to the Tree Law, and prior to the issuance of the required tree removal permit, the Applicant shall pay a fee of$2,700 to the Town's Tree Planting Fund. 17. All tree removal,protection and landscape plantings shall be in compliance with the Plans,the Tree Protection Plan and the Tree Law (as such terms are defined herein). 18. For the duration of construction, the Applicant shall retain the herein referenced Applicant's Arborist to oversee the implementation and maintenance of the Tree Protection Plan. 19. The tree removal permit resulting from approval of the amended tree removal application granted hereby shall be valid for two years from the date of the tree permit issuance and may be extended in accordance with the Tree Law for up to an additional two years only if a renewal application is submitted in accordance with the Tree Law prior to the expiration of the tree removal permit. This decision is hereby certified as true and correct and shall be filed with the Town Clerk 6 Planning Board November 13, 2024 Application#2 —21 Edgewood Ave—Heather and Michael Feinman—Subdivision and Residential Site Plan—Consideration The applicant was not present and, therefore, this matter was adjourned. Application#3—7 North Brook Road—N. Brook Rd., Inc. —Subdivision,Residential Site Plan, Wetlands and Watercourses Permit—Consideration Paul Noto, counsel to the applicant, Brian Riley, P.E., and Richard Hein, architect, were present to address the Planning Board. Mr. Noto stated that the application proposes the 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. The Planning Board and the applicant's representatives discussed the proposals. Ms. Hochman explained the Town's subdivision process. Motion: To schedule a public hearing on the preliminary layout for December 11, 2024 Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved The Planning Board requested Ms. Hochman to prepare a draft resolution for the preliminary subdivision layout for the December meeting. Application #4—4 Baldwin Avenue—4 Baldwin Ave LLC-Residential Site Plan- Consideration Stephen Anderson, Project Engineer for the applicant, was present to address the Planning Board and explained that the application is to remove the existing single-family dwelling and to replace it with a new single-family dwelling. The Planning Board and the applicant discussed the proposal. Motion: To schedule a public hearing for December 11, 2024 Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved The Chairman requested counsel to prepare a draft resolution. Application #5 - 6 Dimitri Place- Vikrant Yadav-Residential Site Plan—Consideration Vikrant Yadav,homeowner, and Nicholas Shiriahh of Hudson Engineering,were present to address the Planning Board. 7 Planning Board November 13, 2024 Mr.Yadav explained that the application proposes a single-family dwelling and that the Town's Zoning Board approved the necessary variance at its October meeting. Staff and the applicant discussed the proposed drainage plan. Mr. Yadav stated that the applicant proposes planting new trees and no tree removal. The Planning Board requested surrounding elevations and that the location of the construction entrance be shown in the next submission. The application was referred to the Coastal Zone Management Commission. Application #6- 851 Fenimore Road-Winged Foot Holding Corp. - Site Plan,Wetlands & Watercourses Permit—Public Hearing Joseph Cermele, P.E., CFM, engineer for the applicant, Michael Kapareiko, hydrogeologist, and Stephen Rabideau, Director, presented an application to dredge and expand the upper irrigation pond, associated improvements including regrading existing club property and modifications to the materials storage facility at the Winged Foot Golf Course. Representatives of the applicant, and members of the Planning Board discussed the memos received from Richard Polcari, Building Inspector, Elizabeth Aitchison, Environmental Planner and the Coastal Zone Management Commission. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Unanimously approved Cindy Stadtmauer of 22 Fenbrook Drive provided the Planning Board with a written statement entered into record. She expressed concerns about storm water runoff and debris build up. Greg Goff of 1149 Old White Plains Road, Donna Hart of 1152 Old White Plains Road and the resident of 2 Gatehouse Lane raised concerns about storm water runoff near their properties. Paul Callahan of 6 Dudley Lane provided the Planning Board with a written statement,dated November 13, 2024, entered into the record. Mr. Callahan raised concerns about the potential toxicity of the dredged materials. Sam Waters of 1 Dudley Lane raised concerns about the dredged materials and asked if any samples were taken outside the pond. He also asked whether there would be any increase in capacity for the drainage lines. The Chairman stated that the public hearing remains open and will continue at the Planning Board's meeting in December. 8 Planning Board November 13,2024 Application#7—2399 Boston Post Road-2399 Boston Post Road Rlty Co. - Site Plan, Wetlands & Watercourses Permit, Special Use Permit—Public Hearing Janet Giris, counsel for the applicant, provided a summary of the project which proposes the redevelopment of the properties located at 2399 and 2417 Boston Post Road and 6 and 10 Deane Place with two (2) four (4) story multi-family residential buildings containing thirty-six (36) dwelling units, together with 61 parking spaces and related infrastructure. Representatives of the applicant and members of the Planning Board discussed recent comments issued by the Town of Mamaroneck Board of Architectural Review, the Town of Mamaroneck Fire Department and the zoning memo issued by Richard Polcari, Building Inspector. The Planning Board discussed impervious surface and potential flooding. Mr. Engel asked if there would be any flooding caused by the project, and Thomas Kohany of Hudson Engineering explained that the proposal removes 20% of the impervious surface at the current site and provides a reduction of flow and volume. The Chairman stated that the Planning Board had retained a consultant to evaluate the applicant's traffic study and other matters relating to the applications. Elaine Du, Technical Director of Traffic and Transportation for AKRF, the Planning Board's environmental and engineering consultant, summarized her firm's analysis of the traffic study provided by the applicant. There was discussion about requirements as to truck loading and unloading. There was discussion about pedestrian safety and the potential for cross walks. It was noted that the Boston Post Road is under the jurisdiction of the New York State Department of Transportation. Motion: To open the public hearing Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved James Carroll of 18 Deane Place, who had earlier submitted written comments, expressed concerns regarding flooding, sewer capacity, proximity to the wetlands, consistency with the character of the community, the zoning compliance of the proposed roof top pergola, parking, and the testing of the soil at the former gas station site. Mark Sullivan of 22 Pryor Manor Road spoke in favor of the project. The Chairman stated that the public hearing remains open and will continue at the Planning Board's meeting in December. The meeting was adjourned at 11:58 P.M. 9 Planning Board November 13, 2024 Minutes prepared by rat 1"V ' Jami Sheeky, Planning Board Secretary 10