Water Control Commission Approves Wetlands Permit for Scenic Drive Accessory Dwelling Unit

The Croton Water Control Commission approved a wetlands activity permit for an accessory dwelling unit at 129 Scenic Drive West at its May 18 meeting, adding a condition that a rain garden be installed before construction begins.

The permit was sought on behalf of property owners Vincente and Christine Fernandez for a project in the RA-40 residential district, referred to the commission by the Planning Board under Chapter 227 of the Village Code. The project also involves a minor site plan extension and building envelope modification — items that remain before the Planning Board. Martin Mastromonaco of Ralph Mastromonaco Consulting Engineers presented the stormwater management plan, explaining that runoff from new impervious surface would flow to a rain garden positioned between the house and the wetland below. "After this rain garden, it is goes down to the eventually to the wetland down below," 1:57▶ Mastromonaco said. The rain garden would provide "control over the higher flows" 2:07▶ and "also offer some water quality improvement." 2:10▶ He described the feature as "a planted detention basin" 6:35▶ roughly a foot deep, planted with "wetland type plants that can handle the extra moisture." 6:45▶ Gutters would pipe runoff into the depression, where it would slowly infiltrate.

Mayor Brian Pugh, who chairs the commission, said he visited the property. "Searching for the wetland, I might say. Oh, it's a 120 feet away," 2:27▶ Pugh said, noting it lay beyond a stockade fence and a sloping manicured lawn. Pugh asked who would live in the accessory unit and the purpose of the request. Mastromonaco said he expected the architect — Justin Kacur of Highlands Architecture, who was not at the meeting — would address those questions when the project goes before the Planning Board. Discussion turned to timing. Village staff recommended requiring the rain garden to be built before construction of the addition, both to manage runoff during the building process and to ensure it is not deferred. The commission agreed and made it a condition of the permit. The project extends approximately two feet into the subdivision's building envelope, but commissioners noted that falls under the Planning Board's jurisdiction, not theirs.

"Looks like there isn't much of a significant issue as far as encroachment on the wetlands," 7:24▶ Pugh said before moving to grant the permit. The motion passed with no dissent. The application now returns to the Planning Board for review of the building envelope modification, site plan, and ADU approval.