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HomeMy WebLinkAbout2023_01_25 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK E r p. HELD IN THE SENIOR CENTER ON JANUARY 25, 2023 ' ` = ;1, Present: Ralph Engel, Chair, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira BI`'b ,1SarahL.I A 2: 50 Dunn, Alternate �,iPiN CLE tic Also Present: Carol Murray, Assistant Civil Engineer, Anthony Oliveri, Town 'Congaing`=ECIC, NY Engineer, Elizabeth Aitchison, Town Environmental Planner, Robin Nichinsky, Town Board Liaison, Lisa Hochman, Counsel to Planning Board, Francine M. Brill, Secretary Absent: Robert Wasp, Town Engineer, Ron Mandel CALL TO ORDER The meeting was a called to order at 7:32 P.M. and Mr. Engel welcomed everyone. Ms. Hochman asked if all documents to be discussed this evening had been posted on the website for more than 24 hours and whether this meeting and all public hearings to be conducted tonight had been duly noticed and whether all required referrals were made. Ms. Brill answered yes to all. MINUTES IOh, Motion: To adopt the draft minutes of December 14, 2022 Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved 18 Pryer Manor Road-Kevin Doherty- Subdivision-Consideration Mark Blanchard,of Blanchard and Wilson,the applicant's attorney, addressed the Board. Mr. Engel stated that the Board received a letter from the Building Inspector stating that the subdivided lots would not be zoning compliant due to issues related to street frontage Mr. Oliveri stated that this had also been stated in his first memo. Mr. Blanchard stated that he will look into the matter. The application will be subject to further consideration once the street frontage situation has been clarified. 43 Moheghan Road - James and Sarah Coady - Residential Site Plan & Wetlands and Watercourses- Consideration Benedict Salanitro,the applicant's engineer, and Paige Lewis,the applicant's architect, addressed the Board. 1 Mr. Salanitro explained that this oversized parcel flooded during Hurricane Ida and they propose to remove and relocate the driveway and enclose the garage to divert water from the residence. He further stated that they appeared before the Coastal Zone Management Commission, which found the application to be consistent with the local waterfront revitalization plan. Mr. Engel asked if the proposed new driveway will be pervious and Mr. Salanitro responded yes. The Board discussed the applications for residential site plan approval and a wetlands and watercourses permit. Motion to set a public hearing for February 15, 2023 Moved by Sarah Dunn, seconded by Ira Block Action: Unanimously approved 15 Holly Place- Dominick Marchese- Residential Site Plan- Public Hearing continued Mr. Marsella, the applicant's architect, stated that he met with neighbors to discuss the proposal and, as a result, the plans were revised. The revised plans were described and discussed. Public Comments Mr. Cuddy, of 11 Holly Place, asked for clarification about a tree proposed to be removed and Mr. Marsella responded and explained the latest revision of the landscape plan. • Mr. Fiore asked that the air conditioning units be screened and Mr. Marsella showed how they will be screened on the plan. Mr. Engel stated that the owners of 11 Holly Place filed an appeal with the Town's Zoning Board of Appeals (ZBA) and asked Ms. Hochman to provide an update. Ms. Hochman explained the ZBA process and summarized what transpired at the January 11, 2023 meeting of the ZBA. Mr. Cuddy stated that since he does not expect that the ZBA will overturn the zoning compliance memo issued by the Building Inspector, he plans to take the matter up with the Town Board. Motion: To close the public hearing Moved by Edmund Papazian, seconded by Elizabeth Cooney Action: Unanimously approved Motion: To approve the draft resolution prepared by counsel, modified as discussed Moved by Edmund Papazian, seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION RESIDENTIAL SITE PLAN APPROVAL 15 Holly Place S 2 Town of Mamaroneck,New York 411N` On motion of Edmund Papazian, seconded by Elizabeth Cooney, the site plan application of Dominick Marchese (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck(the "Board")upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions: WHEREAS,the Applicant has applied for approval of a residential site plan to construct a single- family house (the "Application") on property located at 15 Holly Place, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2,Block 21, Lot 318 (the "Property"), pursuant to Chapter 178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); and WHEREAS,the Applicant has provided all information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and WHEREAS, on January 25, 2023, 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 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 (hereinafter referred to as the "Plans"): • Plans entitled: "New Residence @ 15 Holly Place",prepared by Marsella Architects, P.C., last dated 1/11/2023 • SWPPP and Erosion and Sediment Control Plan,prepared by Benedict Salanitro,last dated 11/26/2022 • Landscape Development Plan, prepared by Beresford Landscape Design, last dated 1/24/2023 • Property Survey, prepared by Stephen T. Johnson, P.L.S., dated 7/1/2022 WHEREAS, the Applicant stated that the latest version of the above-referenced landscape plan, had not yet been submitted to the Building Department; and WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code,the Town's Coastal Zone Management Commission (the "CZMC") reviewed this matter at its meeting on November 28, 2022 and issued a letter to the Planning Board,dated December 7, 2022 (the"CZMC Letter"); and WHEREAS, the CZMC Letter stated that the Applicant's proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, in memoranda dated December 9, 2022 and January 20, 2023, the Town Building Inspector stated that the proposed site work (as reflected on the Plans) is zoning compliant; and 3 WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing for this Application on December 14, 2022,which continued on January 25, 2023; and WHEREAS, the Planning Board has considered the Application, comments and responses to questions by the Applicant and its representatives, the CZMC Letter, the reports and comments of the Town's Consulting Engineer, and heard 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; and WHEREAS, the Board finds that the Application conforms to the standards established by §178- 12 of the Residential Site Plan Law; and 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: General 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 Inspector and the Town Engineer 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. 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 Building Inspector 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. 4 try 6. Work conducted under Town permits shall be open to inspection at any time, including weekends and 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 1116' 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 Environ- mental 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. 15. Subject to any applicable moratorium, 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 5 of the survey required by that Section to the owner(s)of the applicable surveyed lot(s) at least ten (10) calendar 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 calendar 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. (a) 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. (b) 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. Prior to the issuance of permits and to the satisfaction of the Town Environmental Planner, the Applicant shall ensure that the latest version of the landscape plan has been submitted. This decision is hereby certified and shall be filed with the Town Clerk 2155 Palmer Ave-ACURA- Special Use Permit Extension—Public Hearing The following individuals appeared on behalf of the applicant: Scott Trivella, the attorney, Brian Zelnick, the architect, Alex Muscarella, the site owner, and John Pomponio, the manager of the dealership. Mr. Engel stated the public hearing cannot be opened because the applicant's submission was incomplete. Mr. Engel further stated that he expects the public hearing will be opened at the February meeting of the Planning Board, provided that a complete application is received by the Building Department at least 14 days prior to the meeting and the applicant updates the notice sign. ADJOURNMENT The meeting was adjourned at 8:34 P.M. Minutes prepared by "Ctrxe_ux..,2__ iet4i9.—e Francine M. Brill Planning Board Secretary 11110