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HomeMy WebLinkAbout1995_11_08 Planning Board Minutes (2) AMENDED MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 8, 1995, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman Richard H. Darsky , Linda S. Harrington iPeNI/4 C. Alan Mason of /V Absent: Edward Gonye e�8 Fo °<-9, .� 19��, Also Present: Steven M. Silverberg, Counsel 4'4. 44, Gary B. Trachtman, Consulting Engineer Karen Brideau, Public Stenographer Kazazes and Associates 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 Ms. Reader made a motion to approve the amended Minutes of the October 11, 1995, but due to the fact that a quorum was not present, the Minutes will be held over for approval at the next Planning Board meeting. Ms. Reader asked the Board members to review a letter in regard to the Public Hearing - Freshwater Wetlands and Water Courses Permit, Mr. &Mrs. Barry Weisfeld's application which Gary Trachtman of Malcolm, Pirnie had brought to the meeting. Dr. Mason asked if the letter was pre or post CZMC meeting. Mr. Trachtman said post. On a motion was made 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. Due to the fact that the first applicant, Mr. & Mrs. Barry Weisfeld, was not ready for presentation, Chairwoman Reader read the application for the second matter as follows: PROPOSED SUBDIVISION - Coventry Court - 1006 Fenimore Road - Block 202 Lots 30, 7, 110 Mr. Vanoli, consulting engineer, appeared representing the applicant. He reviewed in detail a set of plans which he said meets with the current zoning of the 4.3 acre site which they propose to subdivide into 4 lots in an R-30 zone with a short road and cul-de-sac. The site is serviced by public sanitary sewers and public water main (water supplied by the Village of Scarsdale) on Fenimore Road and they proposed to extend both to the site and dedicate the utilities to the Town. The road is designed for dedication to the Town. hi preparation of subdivision, Mr. Vanoli met with Mr. Jakubowski, the highway superintendent, Simon Planning Board November 8, 1995 Page 2 Gitlitz,and the consulting engineer, Gary B. Trachtman, prior to the preparation of the plan. The proposal provides zero increase in runoff. The drainage pattern generally is downhill and the applicant proposes to construct a landscaped berm around the entire property so there will be no impact on any surrounding properties. Drainage goes out towards Fenimore Road and is captured by the drainage system and transported through the site to the storm water retention system. All on-site drainage is captured per lot, because each lot has between it and the next lot an additional landscape berm. The site is proposed for very heavy landscaping. The site is, at the present time, in a general state of disrepair. The developer is Demetriades Developers, Inc., new to the Town of Mamaroneck but not to Westchester County and has done extensive developing in Harrison and Scarsdale. Mr. Vanoli said he received a recent report from Steve Coleman which had other comments in preparation for the subdivision. Ms. Reader was handed a copy of Steve Coleman's memorandum which the Board members had not received and asked the Board if they had received a copy of the memorandum from Mr. Jakubowski dated October 20, 1995, which the Board had not received. Mr. Silverberg suggested that even though the Board had not received copies of the memos, Mr. Vanoli should go through the memo clarifying issues if possible. Mr. Vanoli said the general description of the site and the comments following the description address the homes, driveways, patios, etc. and address increased runoff in impervious areas. Dr. Mason said the concern about the minor increases in impervious surfaces is quite a serious concern, and Mr. Vanoli said it is recognized. Mr. Vanoli said the storm water retention system being proposed is extensive and meets the criteria. A storm drainage report has already been submitted dated June 20, 1995. There will be absolutely no runoff going onto the golf course. Mr. Vanoli said he was not made aware of an existing flooding problem. Dr. Mason said the street actually becomes a stream and is totally out of control, inundated, and runs completely across Fenimore Road and gouged gullies out of the shoulders of Fenimore Road in the past. Mr. Vanoli continued to address the problems, pointing out the various areas on the plan on the west side of the road flowing north to south. Dr. Mason said Mr. Vanoli has addressed the problem nicely, if you can produce a true no increase in rate of runoff from the site. Mr. Vanoli also discussed the reduction in impervious areas, which he assumes is an extension of the concern of the runoff and will address proposed conditions. Ms. Reader said it appears Mr. Vanoli recognizes the increase in impervious surface. Mr. Vanoli said the plan addresses the existing conditions, the condition as shown on the plan and demonstrates how it can be made a zero increase in runoff. Mr. Vanoli then discussed the alternative recommendation that the roadway be 14 ft. or less. He stated this doesn't fit in with County standards, but the roadway can be reduced if necessary. Mr. Trachtman said a 50 ft. of right of way and a 26 ft. pavement width is required. Mr. Vanoli then discussed the grass swales rather than curbs and gutters, which has a tendency to allow the roads to breakup. Dr. Mason said the road would not be maintained as a private road, but anticipates it would become a dedicated road that the Town would maintain. Ms. Reader said CZMC has this issue as well. Planning Board November 8, 1995 Page 3 Shirley Tolley,a member of the CZMC, interjected stating that the report referred to was written by Steve Coleman for the Commission. The preliminary report was never submitted and she doesn't understand how the Planning Board received a copy of same and objects to the use of an internal document, because the committee wanted to discuss this situation further with Mr. Coleman. Mr. Silverberg said it was given to him on the question of procedures, which was circulated to the Building Inspector for comments and was placed in the file. It is not an official document from the CZMC. The Planning Board is not required to consider it, but may want to look at the issues raised. Ms. Reader said it was actually a memorandum Mr. Jakubowski had submitted on the issue that referenced the Coleman memorandum, and said it was best the memorandum was reviewed because these issues are going to be reviewed by CZMC. It will be helpful to continue reviewing. Mr. Vanoli then discussed the existing entrance off Fenimore Road,and the proposed cul-de-sac radii could be reduced along with the creation of a donut in the middle which the applicant would like the Board to consider. The radii is determined primarily by fire trucks. The Board viewed photographs relative to the matters discussed. Mr. Vanoli proceeded to discuss common or shared driveways, which would only create problems. He then again referred to the photographs brought to the meeting. Ms. Harrington questioned the area of a driveway, and Mr. Vanoli said the driveway is approximately 220 ft. x 12 ft. Ms. Harrington asked if the applicant would consider putting in a porous surface rather than blacktop, which Mr. Vanoli said the applicant would consider the request. Mr. Vanoli continued with a discussion on tree preservation, which has been prepared. Ms. Reader asked how many trees were coming down, and Mr. Vanoli said quite a few, but additional trees will be planted creating a vegetated buffer. The applicant intends to use Pin Oaks throughout. Mr. Vanoli discussed the use of drywells for the roof drainage system for each lot, and said this was not the best solution. Mr. Vanoli said the applicant has a few developments in Harrison and Purchase and would like the Board to view the various developments which are similar in nature. Mr. Reader would like to walk through the site, and Mr. Vanoli agreed. Ms. Reader said there was an issue as to whether this was a historical site. Mr. Silverberg said to cover the issue the Larchmont Historical Society will be contacted. If this is a historical site, further information will be needed. Ms. Harrington asked if title was passed on the land. Mr. Vanoli said the applicant was a contract vendee. Ms. Tolley said the first building is an old quaker house, but it is not listed on any register. Mr. Silverberg asked about water supply. Mr. Vanoli said Westchester Joint Water Works will supply water. Mr. Vanoli will supply copies of drainage report to members of the CZMC, and presented one to Ms. Tolley. Planning Board November 8, 1995 Page 4 On a motion made by Dr. Mason, seconded by Mr. Darsky, and unanimously approved the following was resolved: WHEREAS, 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; and Ms. Reader made the following resolution: NOW, THEREFORE, BE IT RESOLVED, that referrals should be made to the following: 1. The CZMC because it is a Type I action; 2. The Traffic Committee with respect to consideration for a stop sign at the end of the cul- de-sac that will enter Fenimore Road; 3. The Fire Department for equipment access and hydrants location; 4. The Conservation Advisory Committee for their review; 5. The Larchmont Historical Society for review for the possibility that the site might have historical significance. Dr. Mason made a motion to accept the above resolution referrals, which was seconded by Mr. Darsky and unanimously approved, 4-0. Mr. Silverberg said to schedule a Public Hearing, and send a copy of the SEQRA notice and the Public Hearing Notice to the Village of Scarsdale, the Westchester Joint Water Works and County Planning Department. Ms. Reader asked Mr. Vanoli if he would like to schedule a Public Hearing next month. Mr. Vanoli said he would like to schedule a Public Hearing and also offered to meet with the CZMC On a motion made by Dr. Mason to schedule the matter for a Public Hearing December 13, 1995 at 8:15 p.m., was seconded by Mr. Darsky and unanimously approved, 4-0. Mr. McGahan, a member of the CZMC, asked for a copy of the report referred to from Stephen Coleman. Chairwoman Reader read the application of the first matter on the agenda as follows: PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT - Mr. & Mrs. Barry Weisfeld - 109 Griffin Avenue - Block 305 Lot 903.1 Mr. McKenna appeared representing the applicant, and asked the Board to refer to the map to see that the driveway was changed to a circular driveway and the concrete pavers put into the entire circle. A sample of the product to be used was brought in. The concrete pavers will be used for a greater area than recommended by CZMC, since they will be used for the entire circle, not just the extension. The rest of the driveway will be blacktop. The CZMC was concerned about the impervious blacktop. The applicant has also taken out some of the other improvements. Dr. Mason explained there was a trade-off, getting rid of some of the dry wells which CZMC felt were not going to contribute very much, and the oil traps were inappropriate and unnecessary. An attempt was made to produce something that would allow the water to percolate into the soil and do away with some very expensive improvements that Mr. McKenna had intended to put in. It was felt that the trade-off Planning Board November 8, 1995 Page 5 would be an even trade-off, and in affect get a nicer looking project with better drainage and better absorption of the water without putting the applicant to the expense of putting in the oil traps and all the rest which the Board felt was unnecessary. Mr. McKenna explained the product, stating it was impervious and water will go through. It is a unilock interlocking block which will be set in sand. Mr. McGahan, a liaison of the CZMC, said a hearing was held on this matter and determinations made. Ms. Reader asked what was being removed, and Dr. Mason said a series oil traps, basins and dry wells that the CZMC felt wouldn't serve any purpose. Mr. McGahan said these would have become a maintenance problem in the future. Dr. Mason said he feels the home owner has been very cooperative, very helpful and the construction contractor has a good grasp of what the Board is trying to do,how to go about it and supports the changes. Ms. Reader said the letter Mr. Trachtman presented to the Board approved the project. Mr. Trachtman said the changes were incorporated by reference to the plans, and also noted that the application referred to an EAF short form. The Planning Board had declared this a Type I action which must be accompanied by an EAF long form which has now been submitted. Mr. Trachtman referred to the NYS Rules and Regulations pertaining to the Wetlands Law Section 665.7. Based on the review of the proposed activity and standards contained in that section, the proposed activity is deemed incompatible and requires the compatibility determination in Section 665.7 be undertaken. Therefore, the activity satisfies the compatibility test and meets the aforementioned criteria provided that there has been no adverse impact on the control area and the adjacent area. Ms. Reader said there is a requirement for a$1,500.00 bond, and that construction will be done consistent with the revised plans submitted October 31, 1995. On a motion was made by Dr. Mason, seconded by Mr. Darsky, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Dr. Mason, seconded by Mr. Darsky, the following resolution was unanimously ADOPTED: WHEREAS, Mr. & Mrs. Barry Weisfeld have applied for a permit for the premises at Lot No. 109 Griffin Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 305 Lot 903.1 pursuant to Local Law#7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type I action and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 86-6(D), that the activity proposed is of a minor nature and is compatible pursuant to 6NYCRR 665.7; WHEREAS, a Public Hearing pursuant to Local Law#7 of 1986 having been held on November 8, 1995; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: Planning Board November 8, 1995 Page 6 1. That a negative declaration shall be issued under SEQRA. 2. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 3. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alternative, and(C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 4. The proposed activity will result in no more than insubstantial degradation to, or loss of any part of the wetland because of the minor impact of the activity and the protective conditions imposed by this resolution; 5. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; BE IT FURTHER RESOLVED, that the application of Mr. &Mrs. Barry Weisfeld for a permit,pursuant to Local Law #7 of 1986, be and it hereby is granted subject to the following terms and conditions: 1. This permit is personal to the applicant and may not be transferred to any other individual, entity or a combination thereof; 2. All debris is to be removed prior to the completion of the project. Construction must be in accordance with the requirements of the Town Flood Damage Prevention Code and the Town Erosion and Sedimentation Control Law. 3. This permit is approved consistent with the project as submitted on the plans dated 10/31/95 submitted per CZM comments. 4. Work involving site preparation shall only take place from Monday through Friday between the hours of 8:30 AM and 4:30 PM. 5. A cash deposit or bond for$1,500.00 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 6. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. Chairwoman Reader asked Attorney Silverberg if item 3, CONSIDERATION OF SITE PLAN APPLICATION-Robert Stanziale/Frank& Antoinette Aurrichio -633-635 Fifth Avenue-Block 132 Lot 175 & 643 and item 4, CONSIDERATION OF SPECIAL USE PERMIT - Robert Stanziale - SavATree - 635 Fifth Avenue - Block 132 Lot 175 & 643, could be heard together. Attorney Silverberg said that due to the fact that both items are for consideration only,both could be heard together. Chairwoman Reader read the applications as follows: CONSIDERATION OF SITE PLAN APPLICATION - Robert Stanziale/Frank & Antoinette Aurrichio - 633-635 Fifth Avenue - Block 132 Lot 175 & 643; and Planning Board November 8, 1995 Page 7 CONSIDERATION OF SPECIAL USE PERMIT-Robert Stanziale-SavATree-635 Fifth Avenue- Block 132 Lot 175 & 643 Mr. Stanziale appeared representing the applicant, Frank and Antoinette Aurrichio, and SavATree, the proposed new tenant at 633-635 Fifth Avenue. Frank Aurrichio operates his landscape contracting business at this property and utilizes the first floor,with parking for the offices, the employees and storage of nursery stock. Mr. Aurrichio is scaling down his business and would like to subdivide the property. The proposed new tenant, SavATree, a landscape tree maintenance company will utilize the second floor as office space also. This would be a satellite office for SavATree which is based in Bedford, and has other offices throughout the north. The hours of operation would be 7:00 a.m. to 4:00-5:00 p.m. Mr. Aurrichio's use of the property is concentrated on a smaller portion of land where he keeps trucks, nursery stock and stores outdoor equipment. SavATree would utilize the existing garage and a portion of the property for 5-7 trucks. The small paved area in the front will be used for the required 8 parking spaces plus a handicap parking space, as discussed with Mr. Jakubowski, which will be newly repaved. Mr. Stanziale said SavATree will apply for a Special Permit for their operation on the site as well. Due to the preliminary nature of the above considerations both applicants are supposed to be present, but unfortunately they could not attend. Mr. Stanziale said he also understands that the Board of Architectural Review and the Coastal Zone Management Commission will be involved in these applications. Ms. Reader asked about the requirement for parking spaces. Mr. Stanziale said one space is required for 200 ft. of office space, and the entire building is actually used for office. Mr. Jakubowski informed Mr. Stanziale that second floor has to be reified for a special permit to legalize office space. Mr. Trachtman asked Mr. Stanziale to describe the parking area to the nearest intersection, whereby Mr. Stanziale said the distance was approximately 150-175 ft. The EAF indicates there is flood area, and the related question has to do with the storage of pesticides stored in the area. Mr. Stanziale there would not be any pesticides stored in the area, but would be carried on the trucks. A discussion followed about flood being established by elevations, and Mr. Stanziale said he would look into that problem. Mr. Stanziale and Mr. Trachtman will discuss the matter further. Mr. Darsky said a complete description of what is going to be done at the site should be submitted to the Board, to avoid any problems. Ms. Reader also wanted to know if there are chemicals to be stored on the site. Ms. Harrington said the plans state open storage of equipment and supplies, and Mr. Stanziale said more than likely it was machinery and supplies related to business. Mr. Stanziale will get more detailed information for the Board, preferably in writing beforehand. Mr. Silverberg said both applications come under Unlisted action and review by the CZMC, and notices must go to New Rochelle, the Thruway Authority, the County and the Board of Architectural Review for signage. With respect to the site plan application of 633-635 Fifth Avenue, Block 132 Lot 175 and 643, on a motion made by Ms. Harrington, seconded by Ms. Reader, it was unanimously Planning Board November 8, 1995 Page 8 RESOLVED, this Planning Board determines that the proposed action is an Unlisted action and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review; and RESOLVED, this Planning Board refers the site plan application to CZMC and the Board of Architectural Review. With respect to the consideration of a special use permit on the same property for SavATree at 635 Fifth Avenue, Block 132 Lot 175 and 643, on a motion made by Dr. Mason, seconded by Ms. Harrington, it was unanimously RESOLVED, this Planning Board determines that the proposed action is an Unlisted action and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review; and RESOLVED, this Planning Board refers the special use permit application to CZMC and the Board of Architectural Review. Ms. Reader stated these two items have been scheduled for the next Public Hearing on December 13, 1995 at 8:15 p.m. Mr. Silverberg said the applicant may need additional engineering study. Ms. Reader said these items should also be referred to the Traffic Committee for review, per Ms. Harrington input regarding the flow of traffic. NEXT MEETING The next meeting of this Board will be held on December 13, 1995. ADJOURNMENT On a motion made by Dr. Mason and seconded by Ms. Harrington, the meeting was unanimously adjourned at 9:55 p.m. 2/) // Marguerite Roma/�Mar � �, Recording Secretary