Loading...
HomeMy WebLinkAbout1995_12_13 Planning Board Minutes (2) AMENDED MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK December 13, 1995, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman Richard H. Darsky + � ;4, Edward Gonye y" . Linda S. Harrington Ati +�1'` '� C. Alan Mason Also Present: Steven M. Silverberg, Counsel 4.11 Gary B. Trachtman, Consulting Engineer ,0. Lisa Casey, Public Stenographer `b, Kazazes and Associates II;ill Oil' 250 East Hartsdale Avenue, Suite 24 Hartsdale, NY 10530 Marguerite Roma, Recording Secretary CALL TO ORDER The meeting was called to order by Chairwoman, Marilyn Reader at 8:15 p.m. APPROVAL OF MINUTES On a motion made by Dr. Mason, seconded by Mr. Gonye, the Minutes for October 11, 1995 were unanimously approved. Ms. Reader then said she had an amendment to the November 8, 1995 Minutes, page 2, paragraph 11, which should read, "Ms.Reader said it appears Mr. Vanoli recognizes the increase in impervious surface." On a motion made by Dr. Mason, seconded by Mr. Darsky, the amended Minutes for November 8, 1995 were unanimously approved. The Chairwoman Reader read the application as follows: PUBLIC HEARING - SUBDIVISION - Coventry Court/Demetriades Developers, Inc. - 1006 Fenimore Road - Block 202 Lots 30 & 110 On a motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this meeting and her transcript will become a permanent part of this record. Mr. Vanoli, engineer for the project, appeared and gave a brief synopsis of the proposed subdivision of four lots with a short cul-de-sac to be served by public water supply and public sanitary sewers. The entire site is provided with a storm water retention basin which protects Bonnie Briar golf course. Mr. Vanoli met with the Coastal Zone Management Committee and received correspondence this evening that summarizes the results of the meeting. Planning Board December 13, 1995 Page 2 Item #1 addresses the amount of impervious area, paved surfaces, macadam and blacktop, possibly by eliminating circular driveways and using permeable surfaces in lieu of macadam. Mr. Vanoli would like to propose using a gravel driveway with blacktop only to the right-of-way and the entire driveway gravel, keeping the circular and U shape then having a blacktop apron in front of the garage. The rest would be 10 inches of 3/4 inch crushed stone and gravel, followed by 2 inches of 3/8 inch blue stone chips. Item#2 referred to preserving natural buffers adjacent to the Critical Environmental Area, which is the golf course. The natural buffers are not substantial and the plan that is presented augments the amount of trees and vegetation which ties in with using different trees. Item#3 addresses diversity of native plantings throughout the subdivision. Originally the proposal called for somewhat formal plantings. Concern was raised about using too many of one species in case of disease at which time the plantings would die off. There was also concern raised about having the subdivision look too formal and manicured. The committee preferred something less formal which would require less maintenance and provide for food and protection for the wildlife in the area. The landscape architect, Richard Horseman(?) has been speaking to Steve Coleman, Environmental Consultant for CZMC, and today received a fax with a list of trees offered for consideration. Item#4 referred to minimizing the use of fertilizers and pesticides, due to the location of the Subdivision adjacent to a Critical Environmental Area. Mr. Vanoli understands that concern, and wondered what the neighbors use regarding this issue. Dr. Mason said one of the neighbors is the golf course, and the Planning Board has been working with the golf courses on this issue and there are changes afoot in that area. Mr. Vanoli said that another concern was the height of the berm, which Mr. Horsman and Mr. Coleman will work to resolve. Ms. Reader asked if another meeting was scheduled with the CZMC, and Mr. Vanoli said not yet. Stephen Coleman, representing CZMC, said the applicant has made considerable effort to work with the Coastal Zone. CZMC is concerned about the formalized plantings as the existing property has substantial natural buffers which the developer should try to preserve. Mr. Coleman recommended the applicant submit a list of trees and shrubs to be used. Ms. Reader said Mr. Coleman had suggested using the existing road, as long as the applicant uses gravel. Mr. Coleman said there could be a way of working with the existing road, incorporating the gravel. Mr. Vanoli said this was discussed at the CZMC meeting. Ms. Reader asked if the modification on the planting changes the form of the buffer. Mr. Vanoli said in the letter Mr. Horseman sent regarding the 180 white pine, the fact is stated that if the plants were diseased it would destroy the planting whereby the applicant, through Mr. Coleman and Mr. Horsman, will mix the plantings and still have the same idea that the developer wanted. Ms. Reader said one of the recommendations of the material presented has been that if approval is granted one of the conditions would be that the perimeter buffers and buffers between the property lines be maintained. An easement would be given to the Town in the event that the buffers were not appropriately maintained by the resident, and the Town would charge the cost to the homeowner. Mr. Coleman said the trees and shrubbery will be low maintenance shrubs, and they will be arranged in a formal design. Planning Board December 13, 1995 Page 3 Mr. Vanoli said the applicant will have a border that will be natural and not need maintenance. Mr. Vanoli said an easement could create a problem, but the plat could make reference to approved landscape plans on file with the Town as approved by the Planning Board on the subdivision plat. Mr. Vanoli said the plans will be revised and resubmitted detailing the changes. Ms. Reader said another issue raised by the Conservatory Advisory Committee and Coastal Zone Management Commission were the trees to be removed and those that would remain. Mr. Vanoli said that basically because of the regrading and the limitation available to work with, the maximum road grade and maximum driveway grade, most of the vegetation on the site is going to be removed. The applicant originally planned to replace more trees than taken down, and the revised plan will be replacing an equal number of trees, if not more. Ms. Reader asked that a specific list be supplied showing which trees will remain and which trees will be removed. Mr. Coleman talked about recalculating drainage, due to changing plants. Mr. Vanoli said it will not change substantially. Mr. Coleman suggests incorporating the use of drywells. Ms. Reader said that Dr. Mason had suggested that because of the location,drywells would not be the best method. Dr. Mason said the Board didn't want a system that in effect just directed the water to the stream which floods anyway, but were looking for a metering out or on-site absorption of water. Mr. Vanoli said the applicant has provided on-site absorption. Mr. Vanoli pointed out that when you have a watershed, water running from the most distant point, your peak occurs substantially after the rains. Frequently if your site is at the bottom of the watershed, you want to get the water from that site out rapidly. Ms. Harrington had a question about the road width. Mr. Vanoli said the road is within the Town standard 26 ft. pavement with a 50 ft. right-of-way. Ms. Harrington asked if the Fire Department had checked this information, and the fact that there would be no problem with the donut(cul-de-sac with center island). The secretary said a referral had been sent to the Fire Department, but had received no response. Mr. Coleman had two other issues of importance, the pool and filtration system used. Mr. Vanoli said Westchester County Sanitary Code requires all swimming pool backwash to go into the sanitary sewers. Mr. Vanoli said regarding maintenance of the storm water detention system, if you have an easement, it's the Town's obligation to provide maintenance and the only objects getting into the sewer would be sand and leaves. Dr. Mason said that when the applicant went to the gravel driveways it relieved them of some of the burden. He asked if the reduced volume had been calculated. Planning Board December 13, 1995 Page 4 Mr. Vanoli said it had not been calculated as yet, and may not be cost effective. Mr. Reader asked Mr. Silverberg if an easement was required for the Town to maintain the drainage system. Mr. Trachtman said that prior subdivisions required property owners be responsible for maintenance, and if maintenance was not provided, then the Town would proceed with maintenance provided by an emergency maintenance agreement with ability to backcharge the property owner. Mr. Vanoli said the owner of lot#4 is obligated to maintain the storm drainage system. Ms. Harrington wanted the Fire Department notified regarding emergency vehicles. Mr. Trachtman said the roadways meet the Town standards, and there shouldn't be a problem. Ms. Reader said the Board needs more information and the new plan, before the Board can take any final action on this matter. Mr. Vanoli requested that the Public Hearing be closed, and preliminary approval be granted with certain conditions then resubmission of plans to obtain final approval. With conditional preliminary approval the applicant can go to the County Health Department and then return with their approval. Ms. Reader asked before closing the Public Hearing if CZMC had any problems with feedback to the committee from Mr. Coleman before proceeding. There being none, Ms. Reader also stated that a letter was received form the Larchmont Historical Society and asked if the letter alleviated or raised any concerns. Dr. Mason said the reference in the letter was made to Mary Ann Johnson and asked her to respond to this. Ms. Reader said the question had been raised by a number of different sources of historical society to review the property and it looks like they have done it and it is no longer an issue. Ms. Reader said a stop sign will be installed by recommendation of the Traffic Committee. Mr. Silverberg said before the Board closes the Public Hearing, we need to make a finding under SEQRA and a negative declaration. He noted if the Board grants preliminary subdivision approval, when the final plan is submitted it cannot be changed. Dr. Mason said he didn't have a problem with closing the Public Hearing, but did have a problem granting preliminary approval until the Board has seen additional information. Ms. Reader's recommendation was to adjourn the Public Hearing until next month and wait until the Board receives all the feedback. After all comments have been expressed, the Public Hearing will be closed. Mr. Vanoli said that perhaps the Board could close the Public Hearing and make one of the conditions satisfaction of the particular concerns. Ms. Reader stated it was illogical to do that. Valerie O'Keeffe expressed concern about the cost to the Town with respect to maintaining or repairing the retention basin, if the property owner gives an easement to the Town that would allow access. Is there any requirement that the property owner pay for any expenses, and what happens if it is defective in any way. Ms. Reader said the language of the easement needs to be specific, and the Board will confer with Mr. Silverberg. In the event the Town has to go in and make repairs, then the cost of those repairs will be Planning Board . December 13, 1995 Page 5 charged to the homeowner. The other possibility is for the subdivider to make all four parties responsible, but that does not seem feasible. Ms. Reader asked Mr. Vanoli after the revised plans are resubmitted if the various conditions,the language for the buffer, the language for the easement for the Town on the maintenance of the drainage system could be written on the plat. Mr. Vanoli said the first sheet of the plan set is of the subdivision plat, and will suggest proper wording. Mr. Trachtman said that briefly discussed at the last meeting was the manner in which the subdivision would be supplied with water. Mr. Vanoli said water would be supplied by the Westchester Joint Water Works, who has now stated that another 960 ft. of water main must be supplied, which will be done. Mr. Trachtman said the Board will have to have a letter stating same. Ms. Harrington asked if the matter was referred to the Village of Scarsdale. The secretary said it was, but no reply had been received. Dr. Mason said the water main will have to go under the stream bed. Mr. Vanoli said it will be installed under the stream bed. Upon a motion duly made by Dr. Mason and seconded by Ms. Harrington, the Public Hearing was unanimously adjourned to the next meeting. Chairwoman Reader asked Mr. Silverberg that since this is a Public Hearing if the next two applications could be heard together. Mr. Silverberg said both could be heard together, and Ms. Reader read the applications as follows: PUBLIC HEARING-SITE PLAN APPLICATION-Robert Stanziale/Frank&Antoinette Aurrichio -633-635 Fifth Avenue - Block 132 Lot 175 & 643, and PUBLIC HEARING - SPECIAL USE PERMIT -Robert Stanziale-SavATree - 635 Fifth Avenue - Block 132 Lot 175 & 643 Mr. Stanziale appeared for the applicants. He stated that last month he presented the Site Plan on a preliminary basis. He briefly indicated the sharing of the property that was utilized solely by RosAnn Land Development for landscaping, 633-635 Fifth Avenue, and proposed to subdivide the site between RosAnn Land Development, who is scaling down his operation, and SavATree who operates a number of business from other locations. The applicant would also provide additional parking spaces. Glen Klein, Vice President of SavATree appeared to answer questions from the Board. Ms. Reader said a question had arisen about SavATree and Mr. Aurrichio (RosAnn Land Development) storing pollutants and fertilizer on the premises, and asked what is currently being stored and what are the applicants intending to store on the premises. Mr. Stanziale said that RosAnn Land Development does not use pesticides, and that SavATree has a Satellite location in Bedford where pesticides are dealt with. Mr. Aurrichio also stated that his company does not use pesticides, and when necessary he subcontracts for use. Planning Board December 13, 1995 Page 6 Mr. Klein stated that the company has been servicing Westchester County out of the Bedford location for over ten years and will continue the pesticide service from Bedford. The location in Larchmont will basically be for tree work, shrubbery, landscaping and spraying. Dr. Mason asked what kind of equipment that entailed. Mr. Klein said various types of trucks, chippers and stump grinders. Dr. Mason said the reason for concern is that it is a low area prone to flooding, which is a critical environmental area, and it wouldn't take much of a spill from the property to create havoc. Ms. Harrington asked about the open storage of equipment and supplies. The applicant was going to provide a list of equipment and whether there was going to be enclosed or open storage. Mr. Stan7iale said the equipment stored on site is equipment towed behind trucks. Mr. Klein said the garage located on the premises would be used for storage of small equipment, chain saws, rakes, shovels, etc. Ms. Reader stated that the Board of Architectural Review(B.A.R.)was unable to have its meeting the past month, and will be reviewing this application December 21, 1995. If approval is granted, it would have to be conditioned on findings. It might be better to wait until the B.A.R. has reviewed it. Mr. Silverberg said the B.A.R. Local Law pertaining to Site Plan requires recommendation by the B.A.R. before the Planning Board acts. Mr. Paul Rafalski appeared and stated that traffic at the site is impossible, especially buses and Blue Bird Taxi. After a short discussion, Ms. Reader suggested that Mr. Rafalski notify the Building Department regarding this issue. Pursuant to a letter submitted to the Board from the Traffic Committee dated December 13, 1995, Ms. Reader said this applicant seems to raise no traffic concern. Ms. Reader stated by law the Board will have to continue the Public Hearing and allow input from the B.A.R. Mr. Stanziale asked about temporary use of the site. Ms. Reader said the Board has no discretion on the matter. Ms. Harrington made a motion to adjourn the Public Hearing until January 10, 1996, seconded by Dr. Mason and unanimously approved. On a motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. The Chairwoman Reader read the application as follows: CONSIDERATION-FRESHWATER WETLANDS AND WATER COURSES PERMIT/SITE PLAN APPROVAL APPLICATION - Winged Foot Golf Club - 851 Fenimore Road - Block 347 Lot 1 Planning Board December 13, 1995 Page 7 Judge Pelton appeared for applicant due to the fact that Mr. Alonzi,Greens Superintendent of Winged Foot Golf Club, was out of town. This project by Winged Foot Golf Club is for the handling of pesticides, which is in full compliance of all codes, laws, rules and regulations at the present time. This is an improvement and Mr. Alonzi appeared before the CZMC, see letter of December 4, 1995 on file. It is a small pre-fabricated building for storage of pesticides and washable basin on the outside. Dr. Mason said the grounds keeper appeared before the CZMC last meeting. They have over the years made several changes at the golf course that were voluntary upgrades of what was already complying structures, and this was treated with great enthusiasm by CZMC. It's unfortunate that it is close to some wetlands, but that has been taken into account. It is in compliance, and the system allows for it. Mr. Trachtman said in response to the request made by phone with Mr. Alonzi on the research of the regulation applying to storage of hazardous substances,in Mr. Alonzi's letter to the Board,dated December 6, 1995, he indicated the volume of storage included in the storage building in case there is a spill or leak from one of the drums. A comment was made that volume of storage is 33% of the total capacity of 80 drums that would be stored. Mr. Trachtman has looked through the regulations and the only reference regarding storage is Part 599 which indicates that containment is supposed to be 110%. This is a slightly different situation, because we're talking about 80, 55 gallon drums as opposed to large storage vessels. Before the next meeting we should have a letter from the DEC stating that this containment provision is acceptable, and have confirmation from them. The regulations are relatively new, formulated in August, 1994. Dr. Mason said there was some discussion at the CZMC, and the reference was what they anticipated as actual drum storage as opposed to the wall to wall capacity of the facility. Ms. Reader asked what they actually will be storing. Dr. Mason said they would be storing far less than 80 drums. Mr. Trachtman would like to know what percentage Mr. Alonzi is referring to in regard to storage. Upon a motion made by Dr. Mason, seconded by Ms. Harrington and unanimously approved as follows: RESOLVED, this Planning Board determines that the proposed action is a Type I action and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review. Ms. Reader said referral should be made to the Conservation Advisory Commission. Upon a motion duly made by Dr. Mason, seconded by Ms. Harrington and unanimously approved, the matter was schedule for a Public Hearing at the next meeting, January 10, 1996. Mr. Silverberg stated he will be circulating a memorandum regarding new regulations under SEQRA taking affect January 1, 1996, and also a new environmental assessment form which has to be used as of January 1, 1996. NEXT MEETING The next meeting of this Board will be held on January 10, 1996. ADJOURNMENT On a motion duly made and seconded, the meeting was unanimously adjourned at 9:50 p.m. f/ /a/ (17/(—,-- 1 i�ram,." Marguerite o , Recording Secretary