Loading...
HomeMy WebLinkAbout2024_12_11 Planning Board Minutes 'h7 MINUTES FP Planning Board Meeting 0 0 Wednesday,December 11, 2024 w Q' m Senior Center- 1288 Boston Post Road,Larchmont,NY 10538 - ( 7:30PM • FOUNDED 1661 PRESENT: Ralph Engel, Chair Elizabeth Cooney,Vice Chair Ira Block, Board Member Edmund Papazian,Board Member Ron Mandel, Board Member Sarah Dunn, Alternate Board Member ALSO PRESENT: Carol Murray, P.E.,Deputy Town Engineer Elizabeth Aitchison, Environmental Planner Lisa Hochman, Counsel to the Planning Board Jami 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 and that all items on for public hearing have been duly noticed. MINUTES The Board discussed the draft minutes of the November 13, 2024,meeting. Motion: To adopt the draft minutes of November 13, 2024, as modified. Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Approved Yes: Ralph Engel, Elizabeth Cooney, Edmund Papazian No: None Abstained: Ira Block,Ron Mandel, Sarah Dunn Application #1 —7 North Brook Road—N. Brook Rd., Inc.—Subdivision, Residential Site Plan, Wetlands and Watercourses Permit—Public Hearing (Preliminary Subdivision Plat) Paul Noto, counsel to the applicant, and Brian Riley, P.E., were present to address the Planning Board. Planning Board December 11, 2024 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. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Ron Mandel Action: Unanimously approved The homeowner of 15 North Brook Road addressed the Board to express concerns about traffic, drainage, rock removal and construction staging. Danielle Langhoff of 166 Rocky Road expressed concerns about flooding and asked for detail on the size of the proposed new dwelling. There were no additional speakers on this item. Motion: To close the public hearing Moved by Elizabeth Cooney seconded by Ron Mandel Action: Unanimously approved Mr. Papazian asked the applicant's engineer to address the rock removal and drainage concerns. Mr. Engel stated that the Town has regulations which apply to rock removal. Motion: To approve the draft resolution prepared by counsel for the preliminary subdivision layout Moved by Edmund Papazian seconded by Ron Mandel Action: Unanimously approved Mr. Engel stated that the applicant may appear before the Planning Board for potential final subdivision approval and for potential residential site plan approval after the applicant receives and submits the necessary health department and water approvals. RESOLUTION Decision on Preliminary Subdivision Layout 7 North Brook Road, Town of Mamaroneck, New York On motion of Edmund Papazian,seconded by Ron Mandel,in connection with a subdivision application by N. Brook Rd., Inc., (the "Applicant"), the Planning Board 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 Section 2, Block 14, Lot 351 with a street address of 7 North Brook Road in the Town of Mamaroneck (the"Subject Property"); and WHEREAS, the Applicant filed an application for the subdivision of one lot into two lots (the "Proposed Action") pursuant to Chapter 190 of the Town Code(the"Town Subdivision Law"); and 2 Planning Board December 11, 2024 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 November 6, 2024 (the "Zoning,Compliance Memo"),which,based upon review of plans dated October 18, 2024,prepared by Catizone Engineering,P.C., found that the proposed subdivision is zoning compliant for the two lots in a R-6 Zoning 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"): • "Subdivision Plat, 7 North Brook Road", prepared by Stephen F. Hoppe, L.S., dated October 25th, 2024 WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on September 23, 2024, and issued a letter to the Planning Board, dated October 8, 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 Proposed Action was considered and discussed at duly noticed meetings of the Planning Board held on August 14, September 11, November 13, and December 11, 2024; and WHEREAS, a duly noticed public hearing on the preliminary layout was conducted on December 11, 2024; and WHEREAS, another public hearing will be conducted in connection with the final subdivision plat; 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, Section 190-8(A) of the Town 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 Plans, 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, the CZMC and the Planning Board's consultants and the counsel to the Planning Board, and has heard and read testimony and reviewed other submissions from interested members of the public; and 3 Planning Board December 11, 2024 WHEREAS,at the meeting of the Planning Board on December 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 Subdivision Law. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby conveys its tentative conclusion that the preliminary layout is satisfactory pursuant to Section 190-7 of the Town Subdivision Law and authorizes the Applicant to obtain the Necessary Certifications pursuant to Section 190-8 of the Town Subdivision Law and thereafter return to the Planning Board for the potential approval of the final plat. This decision is hereby certified as true and correct and shall be.filed with the Town Clerk. Application #2—4 Baldwin Avenue—4 Baldwin Ave LLC-Residential Site Plan - Public Hearing Eliot Senor, P.E., L.S., 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 open the public hearing Moved by Ira Block seconded by Elizabeth Cooney Action: Unanimously approved Mike Vecchione of 108 Myrtle Blvd. expressed concerns about stormwater management, increased lot coverage, and landscaping. There were no additional speakers on this item. Motion: To close the public hearing Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved Motion: To adopt the draft resolution prepared by counsel Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION Approval of Residential Site Plan 4 Baldwin Avenue Town of Mamaroneck, New York On motion of Edmund Papazian, seconded by Elizabeth Cooney, the residential site plan application of 4 Baldwin Ave LLC, (the"Applicant") were APPROVED by the Planning Board of the Town of 4 Planning Board December 11,2024 Mamaroneck (the"Planninu 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 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 4 Baldwin Avenue, Town of Mamaroneck,New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1,Block 26, Lot 427 (the "Property"); 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 December 11, 2024, the Secretary of the Planning Board stated for the record that any and all required referrals were made in accordance with the Residential Site Plan Law and the New York State General Municipal 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 submitted in connection with the proposed action (hereinafter referred to as the "Plans"): • Architectural Plans entitled: "Proposed Residence for 4 Baldwin LLC",prepared by RMG Architects, dated September 20, 2024 • Stormwater Pollution Prevention& Erosion Control Plan,prepared by Gabriel E. Senor, P.C. dated September 15th, 2024, last revised November 22, 2024 • Landscape Plan ("Site Plan"), prepared by Robert Sherwood Landscape Architect LLC, dated September 20, 2024 • Property Survey, prepared by Eliot Senor, L.S., dated August 8, 2024 WHEREAS, the Town Building Inspector issued a memorandum, dated December 5, 2024 (the "Zoning Compliance Memo"), which stated that based upon his review of the Architectural Plans prepared by RMG, dated September 20, 2024, and the Stormwater Pollution Prevention & Erosion Control Plan, prepared by Gabriel E. Senor, last revised November 22, 2024, for a single-family dwelling at 4 Baldwin Avenue, the plans comply with Chapter 240 of the Town Code for a property in an R-6 zoning district; and WHEREAS, the Coastal Zone Management Commission("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 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 December 11, 2024; and 5 Planning Board December 11, 2024 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 Zoning Compliance Letter, the CZMC Letter, 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, 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. NOW,THEREFORE,BE IT RESOLVED,that the Planning Board hereby APPROVES the Applicant's residential site plan for the Property as reflected in and in conformance with the herein specified Plans, subject to the terms and conditions enumerated below: Conditions: 1. All site work, including tree removal, if any, 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). 6 Planning Board December 11,2024 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. 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. This decision is hereby certified as true and correct and shall be_filed with the Town Clerk. 7 Planning Board December 11, 2024 Application #3 - 6 Dimitri Place- Vikrant Yadav- Residential Site Plan—Consideration Vikrant Yadav, homeowner, and Thomas Kohany of Hudson Engineering, were present to address the Planning Board. 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 landscaping plan, stormwater management system and whether there would be a generator. Motion: To schedule a public hearing for the January meeting Moved by Elizabeth Cooney seconded by Ira Block Action: Unanimously approved The Chairman requested Ms. Hochman to prepare a draft resolution to facilitate discussion at the January meeting. Application #4 - 851 Fenimore Road-Winged Foot Holding Corp. - Site Plan,Wetlands & Watercourses Permit—Continued Public Hearing The public hearing was opened at the November 13th Planning Board meeting and remains open. Joseph Cermele, P.E., CFM, engineer, Stephen Rabideau, Director, and Michael Kapareiko, hydrogeologist, were present on behalf of the applicant. Based on comments at the December Planning Board meeting, Mr. Cermele presented revisions to the applicant's Plans 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. Sara Kandler of 867 Fenimore Road expressed concerns about drainage and water runoff. Mark Kramer, Co-chair of the Town Sustainability Committee. inquired about the proposed dust suppression system and expressed concern about flooding. Cindy Stadtmauer of 22 Fenbrook Drive distributed a letter to the Planning Board and expressed concerns about drainage, and proposed work in the material storage area. Mr. Cermele requested a draft resolution be prepared for the January meeting. Ms. Aitchison stated that she would work on next steps in the SEQRA process and Ms. Hochman stated she would prepare draft resolutions for the purpose of facilitating discussion. The Chairman stated that the public hearing remains open and will continue at the January 2025 Planning Board meeting. 8 Planning Board December 11, 2024 Application#5 —2399 Boston Post Road-2399 Boston Post Road Rlty Co. - Site Plan, Wetlands & Watercourses Permit, Special Use Permit—Continued Public Hearing The public hearing was opened at the November 13t1'Planning Board meeting and remains open. Janet Giris, counsel for the applicant, provided a summary of the project changes from the previous submission, 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 a total of thirty-six(36)dwelling units,together with 61 parking spaces and related infrastructure. The Chairman stated that the Planning Board had retained a consultant to evaluate the applicant's submissions relating to traffic, schools and possible environmental impacts from the former gas station which is part of the property proposed for development. Peter Feroe, Vice president of Planning and Land Development, and Elaine Du, Technical Director of Traffic and Transportation for AKRF, the Planning Board's environmental and engineering consultant, summarized their firm's analysis of reports submitted on behalf of the applicant. David Shafritz,of 4 Pheasant Run, expressed concerns about flooding and marshland protection. Mr. Knoblich of 7 Locust Terrace, expressed concerns about the possible contamination at the former gas station site, water runoff from the project site, parking, screening to neighboring residences, and delivery trucks frequenting the proposed buildings. Amanda Lurie, of 19 Deane Place, referenced a previously submitted online petition and expressed concerns about the scope and scale of the project, the former gas station site, traffic, the impact to schools, parking on adjacent streets, and wetlands impact. Jake Cutler, of 7 Edgewater Place, expressed concerns about the wetlands, traffic, school children, overcrowding in schools, and noise from construction. Doug Bloom, of 22 Myrtle Boulevard, raised concerns about vehicle traffic and the impact on the marshlands. Karen Roth,of Locust Terrace,expressed concerns about contamination at the former gas station site, lighting and protection of the wildlife. Jennifer Schidlow, of 15 Deane Place, and Dave Rooth, of 22 Deane Place, read a letter on behalf of some residents of Deane Place expressing concerns about the operating hours of the proposed rooftop terrace and screening, the landscape plan, wetland mitigation, parking overflow, regulations and enforcement, traffic and safety at the intersections, the potential for rock removal, paving in the wetlands buffer permitted construction hours, remediation at the 9 Planning Board December 11, 2024 former gas station site, sewer capacity, emergency access design, and bond requirements. They also asked that the public hearing be continued during the January 2025 Planning Board meeting. Caroline Donovan, of 17 Deane Place, requested that the public hearing be continued during the January 2025 Planning Board meeting. Ms. Donvan also expressed concerns about overflow parking, the design of the loading zone, parking enforcement, traffic, potentially increased pollution, and impact to the wetlands. Kristen Anderson read an excerpt of the Local Waterfront Revitalization Plan and expressed concerns about wetlands and habitat protection. Doug Bloom, of 22 Myrtle Boulevard, spoke a second time, and suggested the use of bird friendly glass and dark sky lighting. Richard Hein, architect for the applicant, stated that both were proposed. Mitch Green, Co-chair of the Town Sustainability Committee, distributed a letter to be entered into the record. The Chairman requested Elizabeth Aitchinson to prepare drafts of any required SEQRA-related documents, for the purpose of facilitating discussion. The Chairman requested Ms. Hochman to prepare drafts of all resolutions for the purpose of facilitating discussion. The Chairman stated that the public hearing remains open and will continue at the Planning Board's meeting in January 2025. The meeting was adjourned at 11:37 P.M. Minutes prepared by Jami Sheeky, Planning Board Secretary 10