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HomeMy WebLinkAbout1994_03_23 Planning Board Minutes MINUTES OF THE ADJOURNED MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARO ECK MARCH 23, 1994, IN THE COURT Roam, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn Reader, Chair Richard Darsky Gabriel Fay Edward Gonye Linda Harrington Alan Murray Joel Negrin Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Eve Nudelman, Environmental Coordinator C. Alan Mason, Chairman, Coastal Zone Management Commission Lisa Parilla, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 CALL TO ORDER The meeting was called to order by Chair Reader at 8:10 PM. ADJOURNED PUBLIC HEARING - Site Plan Application - Village Animal 0 Hospital - 6 Weaver Street - Block 410 Lots 163 and 173. On notion of Mr. Negrin, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared reopened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion of Mr. Murray, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Dr. Cohen appeared on behalf of the applicants. Mr. Silverberg explained to the Board that the residential lot on this site had always been used commercially and that such use was not a precedent with respect to the cleared residential lot across the street which is adjacent to Edwards. The garage had been demolished, and the applicants were seeking a zoning variance for the use of two more parking spaces at the location of that garage on the same night as this Planning Board meeting. Mr. Silverberg also stated that the Building Inspector would have alerted the Planning Board to any other required variances. Planning Board March 23, 1994 -2- On motion of Mr. Negrin, seconded by Mr. Murray, 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 Board finds this matter to be an Unlisted Action under SEQRA with no substantial environmental impact and directs the filing of a Negative Declaration. On motion of Mr. Negrin, seconded by Mr. Murray, the following resolutions were unanimously adopted. WHEREAS, Lawrence Cohen, DVM, and Patrick Hopper, DVM, d/b/a Village Animal Hospital, have submitted an application for Site Plan Approval for a veterinary hospital located at 6 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lots 163 and 173; and WHETS, the Planning Board has been designated lead agency and has conducted and campleted 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 March 9, and March 23, 1994; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby granted for the application submitted by the Town of Mamaroneck, 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: Site Plan, Locus Map, Landscaping, Signage, "A-5" , AGA Architects, dated 1/27/94. II. Compliance with SEAR A. 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 Planning Board March 23, 1994 -3- 111/ minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form; and B. 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. III. 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 I C Law. 2. The control plan shall include a construction timetable and an inspection schedule. C. The applicants shall follow all the conditions set forth in the Special Permit granted by this Board on October 6, 1993. D. The applicants shall follow all the conditions upon which approval was given which are set forth in the memo fran the Board of Architectural Review dated March 12, 1994. E. The applicants shall follow the recommendations, including landscaping, fran the Costal Zone Management Commission set forth in its letter dated March 16, 1994. F. The applicants shall fly with all requirements of the Zoning Board of Appeals. Planning Board March 23, 1994 -4- WORK SESSION - Preliminary Subdivision Approval and Consideration of Modifications of Area Requirements under Town Law Section 278 - R. Diforio - 707 Weaver Street - Block 102 Lots 1 & 181. Initially the Board discussed a draft of the SEQRA findings. There was considerable discussion about a proposed requirement for testing for and correcting of contaminants in the runoff water on the three subdivided parcels. Mr. Silverberg stated that no other developments in the Town have had such requirements, and Mr. Trachtman stated that the testing could be quite expensive, ultimately up to $100,000. Also, if contamination were discovered, the New York State Department of Environmental Conservation could be consulted. It has wider enforcement powers than the Town. On motion of Mr. Fay, seconded by Mr. Murray, the Board voted unanimously to remove from the draft of the SEQRA findings dated February 22, 1994, which had 11 items, Paragraphs 2H, and 3. It voted unanimously to delete from Paragraph 11 the words ". . .and to ensure compliance with the water quality conditions of these findings. . ." and ".. .water quality compliance..." and from Paragraph 10 the reference to holding owners jointly and severally liable. The Board voted unanimously to add the words ".. .and otherwise monitor these conditions.. ." to Paragraph 2B. TEMPORARY ADJOURNMENT Mrs. Reader adjourned the meeting for a short break. The Board took up the issue of preliminary subdivision approval. Mr. Silverberg suggested that the Board consider whether Arrowhead Lane provides adequate access for emergency vehicles and whether the addition of two more houses changes this quality. He stated that Arrowhead Lane is on the Official Map of the Town. The Board discussed the adequacy of Arrowhead Lane under Section 280 a of the Town Law. On the issue of the applicability of Town Law Section 278, Mrs. Reader stated that she felt that the proposed drainage system would be a benefit to the Town, and Mr. Murray stated that the lack of a new curb cut on Weaver Street was a benefit, too. The members felt these and other aspects of the proposal brought this application within the requirements for the Board's exercise of its discretion under §278. It was the consensus of the Board that Arrowhead Lane was adequate under §280 a and that the Planning Board could approve the modifications of area requirements under its §278 discretionary activity. Mr. Silverberg was directed to draft findings in this matter. ADJOURNMENT On motion of Mrs. Reader, seconded by Mr. Murray, the meeting was adjourned at 11:15 PM. 60441.a. Bonnie M. Burdick, Recording Sec'y