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HomeMy WebLinkAbout1994_12_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK DECEMBER 14, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Alan Murray, Acting Chairman Richard Darsky Edward Gonye Linda Harrington Joel Negrin Absent: Marilyn Reader, Chair Gabriel Fay Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Eve Nudelman, Environmental Coordinator Valerie Moore O'Keeffe, Town Board Liaison Karen Brideau, Public Stenographer Kazazes and Associates 250 East Hartsdale Avenue, Suite 24 Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Acting Chairman Murray at 8:17 PM. APPROVAL OF MINUTES The correct quorum was not present to approve the minutes of the meeting of November 9, 1994. ADJOURNED PUBLIC HEARING - Subdivision - Gila Lourie - 109 Griffen Avenue - Block 305 Lot 903. On motion of Mr. Gonye, seconded by Mr. Negrin, it was unanimously, 5-0, RESOLVED, that the Public Hearing be, and hereby is, declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. Mrs. Lourie appeared accompanied by Eliot and cahriel Senor, of Gabriel Senor Company, Engineering and Surveying. Eliot Senor submitted a letter from the State Department of Environmental Conservation stating that this tributary of the East Branch of the Sheldrake River is a Class C stream which does not require a DEC permit. Mr. Senor stated that the most recent plan submitted shows construction arrangements and erosion controls that would be placed. He said that it had been decided to not use a Planning Board December 14, 1994 -2- prefabricated bridge but to build one similar to the existing bridge. Mr. Senor stated that the bridge would be wide enough and strong enough to hold emergency vehicles. Mr. Trachtman stated by letter dated December 9, 1994 that this plan meets DEC standards and Town subdivision requirements. Jane and Eugene Kaplan, 7 Split Tree Road, were present. Their property abuts Mrs. Lourie's property and is downstream from it. Mr. Silverberg reiterated to the Kaplans that the Town's procedures will require the issuance of a Fresh Water Wetlands and Water Courses Permit for the construction of both the bridge and any house and that such permit would be determined by the Planning Board. Notice to neighbors would be given prior to a Public Hearing for this permit. Mr. Senor stated that the proposed driveway grade of up to 14% would not inhibit access by emergency vehicles, and Mrs. Lourie stated that a previous application for subdivision had been allowed to lapse due to changes in plans by others involved. Mr. Trachtman stated that any dwelling would not be likely to be in a 100 year flood plain and that flood waters would be likely to be confined within the existing channel. Mr. Silverberg stated that the Building Inspector had found that two legal building lots could be constructed based on a conventional Site Plan and that the corner lot referred to in the file referred to that plan. There will be 93 feet of frontage rather than the 100 feet on one of the lots, but, Mr. Silverberg stated, this Board, under Section 89-15, can grant this variance in frontage based on the finding of the Building Department. At this point since Mr. Kaplan had presented a lengthy document with questions at the meeting, it was suggested by Mrs. Harrington that the principals retire to Conference Room B so that the questions could be dealt with. The Planning Board could go on with its agenda and revisit the Lourie application at the end of the meeting. The parties agreed and left the public meeting. On motion of Mr. Murray, seconded by Mrs. Harrington, it was unanimously, 5-0, RESOLVED, that the Public Hearing be, and hereby is, declared adjourned to the end of the meeting. Planning Board December 14, 1994 -3- ADJOURNED PUBLIC HEARING - Site Plan - Winged Foot Golf Club - 851 Fenimore Road - Block 347 Lot 1. On motion of Mr. Gonye, seconded by Mr. Negrin, it was unanimously, 5-0, RESOLVED, that the Public Hearing be, and hereby is, declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. Lawrence Gordon, architect, and Russell Pelton, attorney, appeared on behalf of the country club. This matter had been held over from the November meeting because of insufficient notice, and the Board members were well acquainted with it. On motion of Mr. Negrin, seconded by Mr. Dorsky, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mr. Darsky, seconded by Mrs. Harrington, it was unanimously, 5-0, RESOLVED, that this Board finds, this matter to have no substantial environmental impact and directs the filing of a Negative Declaration. On motion of Mr. Negrin, seconded by Mrs. Harrington, the following resolution was adopted unanimously, 5-0. WHEREAS, Winged Foot Golf Club has submitted an application for Site Plan Approval for a Comfort Station and a Ball Bin Shelter located at 851 Fenimore Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347 Lot 1; and WHEREAS, the Planning Board has been designated lead agency and has conducted and completed proceedings pursuant to SEQR; and WHEREAS, the Planning Board has reviewed all of the submissions by, and on behalf of the applicant, all correspondence from Town officials, the Consulting Engineer to the Town, the Board of Architectural Review and the Coastal Zone Management Commission and members of the public, and Public Hearings having been held pursuant to notice on November 9, 1994 and December 14, 1994; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby granted for the application submitted by the Winged Foot Golf Club, subject to all terms and conditions set forth herein. I. General Requirements All site work, landscaping, storm water drainage and treatment systems shall be in accordance with the plans submitted, as follows: Planning Board December 14, 1994 -4- Drawings A-1 and A-2 and Location Plan, Lawrence Gordon and Associates, Architects, submitted 10/5/94. II. Special Requirements A. Water Retention and Drainage Approval is subject to final approval of drainage plans by the Town's Consulting Engineer. B. Erosion and Sediment Control - (During Construction) 1. Erosion and sedimentation control plans shall be based on the standards presented in the Town of Mamaroneck Soil Erosion and Sediment Control Law. 2. The control plan shall include a construction timetable and an inspection schedule. CONSIDERATION OF SPECIAL PERMIT - Metropolis Westchester Lanes - Natural Depot - (Health Food Store) - 2444 Boston Post Road - Block 503 Lot 137. Andrew Fredman, architect, appeared representing the owners accompanied by the prospective tenant, David Robinov. He stated that the last store in the shopping center, known on the plans as "Store A" is proposed to be a health food store selling fresh produce and natural foods. The use is not allowed as of right in this Zone District, so a Special Permit is required. Mr. Robinov stated that he hoped his store would attract 20-30% of the people leaving the CVS store in the center. On motion of Mr. Negrin, seconded by Mrs. Harrington, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type I Action which may have a significant impact on the environment; and it is FURTHER RESOLVED, that the circulation of notice to the involved agencies is directed; and it is FURTHER RESOLVED, that comment is sought from the Traffic Committee, the Coastal Zone Management Commission and the Police Department; and it is FURTHER RESOLVED, that this Board hereby sets Wednesday, January 11, 1994 at 8:15 PM as the date and time for a Public Hearing for the application of Westchester Metropolis Lanes, Inc. for a Special Permit; and be it Planning Board December 14, 1994 -5- FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hering in the Official Newspaper of the Town of Mamaroneck. CONSIDERATION OF SPECIAL PERMIT- Guang Liang Zhang d/b/a Little Kitchen (Take-out restaurant at site of previous take-out restaurant) 2423 Boston Post Road - Block 505 Lot 463. Mr. Zhang and his partner, Mr. Chan, appeared. They plan to open a Chinese take-out restaurant on the site of a previous Thai take-out restaurant. Mr. Trachtman had reviewed the application and determined that Site Plan Review was not necessary as there was so little change in the use. The applicants did not feel that the traffic problems at the former bowling alley would effect then. On motion of Mr. Negrin, seconded by Mrs. Harrington, it was unanimously, 5-0, RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under 'SEQRA; and it is On motion of Mrs. Harrington, seconded by Mr. Darsky, it was unanimously, 5-0, RESOLVED, that this Board hereby sets Wednesday, January 11, 1995 at 8:15 PM as the date and time for a Public Hearing for the application of Guang Liang Zhang d/b/a Little Kitchen for a Special Permit; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. RESUMPTION OF LOURIE PUBLIC HEARING On motion of Mrs. Harrington, seconded by Mr. Negrin, it was unanimously, 5-0, RESOLVED, that the Public Hearing be, and hereby is, declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. Planning Board December 14, 1994 -6- Mr. Kaplan stated that he and his wife had expressed their concerns but realized that they will be dealt with by this Board and the Building Department as part of the building process. Mr. Silverberg reiterated that the Kaplan will be noticed for the Fresh Water Wetlands and Water Courses Permit for both the house and the bridge. He noted that the house outline shown on the plan was to demonstrate the building envelope and that no structure could be built over the Sanitary Sewer. On motion of Mr. Gonye, seconded by Mrs. Harrington, it was unanimously, 5-0 RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mrs. Harrington, seconded by Mr. Gonye, it was unanimously, 5-0 RESOLVED, that consistent with social, economic, and other essential considerations of State policy, to the maximum extent practicable from reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form; and it is FURTHER RESOLVED, that all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms, and addendum thereto, and all special requirements and modifications set forth herein; and it is FURTHER RESOLVED, that this Board finds, this matter to have no substantial environmental impact and directs the filing of a Negative Declaration. On motion of Mr. Negrin, seconded by Mr. Darsky, the following resolution was unanimously adopted by a vote of 5-0. WHEREAS, Gila Lourie has submitted an application for Subdivision Approval in proper form and complying with all requirements of the Town, other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, this Board held a Public Hearing on the application for Final Subdivision Approval on November 9, 1994 and December 14, 1994; NOW, THEREFORE, BE IT RESOLVED, that Preliminary Subdivision Approval is hereby granted and a variance of Section 89-15 to allow a frontage of 93 feet on the newly created lot is granted to Gila Lourie pursuant to her application and subject to all terms and conditions set forth below: I. General Requirements All curbs, suitable monuments, water mains, storm drains, sanitary sewer facilities and street trees shall all be Planning Board December 14, 1994 -7- installed in accordance with the latest standards and specifications in force at the time work is started in accordance with the approval plan, particularly with respect to the Site Plan and Topo Survey, prepared by Gabriel Senor, P.E., revised 11-9-94. II. Special Requirements A. Water Retention and Drainage The applicant must provide dry wells or other retention facilities on the site so that the rate of runoff from the property is not increased after construction. Such plans, including the percolation chambers, shall be reviewed by the Consulting Engineer to the Town and the Building Inspector and their determination shall be conclusive B. Erosion and Sedimentation Control - (During Construction) • 1. Erosion and sedimentation control plans shall be based upon the standards presented in the Town of Mamaroneck Surface Water, Erosion and Sediment Control Law. 2. The control plan shall include a construction timetable and an inspection schedule. C. Trees Compliance with the Tree Preservation Law of the Town of Mamaroneck is required before a Building Permit shall be issued. D. Required Documents and Inspections 1. The applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Consulting Engineer to the Town. 2. The applicant shall submit to the Town one Mylar reproducible and four copies showing the "as-built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residence to be constructed. III. Conditions I CI; Any construction must be granted a Fresh Water Wetlands and Water Courses Permit by the Planning Board. This condition shall be noted on the Subdivision Plat. 1, Planning Board December 14, 1994 -8- ADJOURNMENT On motion of Mrs. Harrington, seconded by Mr. Darsky, the meeting was unanimously, 5-0, adjourned at 10:15 PM. i4 ,*arm /n. Bonnie M. Burdick