Loading...
HomeMy WebLinkAbout1993_10_13 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK OCTORER 13, 1993, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POT ROAD MAMAFCWECK, NEW YORK Present: Sanford Bell, Chairman Gabriel Fay Edward Gonye Alan Murray Marilyn Reader Absent: Sal Iacono Joel Negrin Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer EVe Nudelman, Environmental Coordinator Taiirie Fletcher, Public Stenographer Kazazes & Associates 250 Fast Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:20 PM. He noted the sad event of the recent death of a former, stalwart member of the Planning Board, Norma Jacobson. At the request of the first applicant, Mr. Bell rearranged the agenda. PUBLIC HEARING - Amended Site Plan - Craig SUndahl, DES - One Madison Avenue - Block 132 Lot 440. Mr. Bell recused himself from this application as his wife is of counsel to the firm of Stein and Battalia. Mr. Murray chaired the meeting for this application. On motion of M.L . Reader, seconded by Mr. Fay, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public stenographer was present for this application and her transcript will became a permanent part of this record. On motion of Mr. Fay, seconded by Mrs. Reader, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Planning Board October 13, 1993 Page -2- Appearing were Lawrence Gordon, architect; Dolores Battalia, attorney; and Tony Grasso, contractor, accompanied by Dr. Sundahl. In opposition were Paul Hoffman, an owner of 10 Byron Place and resident of 69 Carleon Avenue; Joshua Grauer, Mr. Hoffman's attorney; and Bernard Adler, a traffic expert. Mrs. BattAlia stated that the Planning Board had granted a Site Plan permit in November 1992 and that a measurement error had been discovered during the building of the structure. Eliminated from the former site plan are two planters and five feet of sidewalk. This building will take up no part of the undedicated street; it is in the right-of-way as was the house which was previously at this site. Mrs. Battalia submitted a letter from the Village of Tarchmont stating that it sends a pickup truck up Byron Place two or three times a day and that it does not object to the increased coverage of the building. Joshua Grauer and Bernard Adler stated that the narrow road mouth could cause problems for trucks turning off of Madison Avenue into Byron Place and that the width of the street (it narrows to 21 feet at the top) could cause problems for vehicles traveling in opposite directions on Byron Place. It was Mr. Grauer's contention that for pirpcses of safety, health and welfare the Town should widen the road and that the Town had the right to do so. Mr. Hoffman stated that the road was supposed to be 50 feet wide, that he had been refused the right to develop his property by the Zoning Board and that he might sue the Town or his title insurance company. Mr. Silverberg stated that the 50 feet referred to a right-of-way not the width of the pavement. Mrs. Battalia stated that the applicant had the right to build to the lot line in a commercial area and that it is her client's intention to clean up any problems caused by construction. On motion of Mr. Fay, seconded by Mrs. Reader, by a vote of 4-0-1, Mr. Bell abstaining, the Planning Board found this matter to be an Unlisted Action under SB)RA; and the Board directed the filing of a Negative Declaration. On motion of Mrs. Reader, seconded by Mr. Fay, the following resolutions were unanimously y adopted. WHEREAS, this Planning Board of the Town of Mamaroneck has previously granted site plan approval by resolution adopted November 11, 1992 to Craig and Claire Sundahl for a professional office building located at 1 Madison Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Lot 440 ; and WHEREAS, Dr. and Mrs. Sundahl have applied for an amendment to said site plan approval to eliminate a sidewalk and 2 planters on Byron Place as shown on the approved site plan ; and 40 Planning Board October 13, 1993 Page -3- WHERREAS, the Planning Board has reviewed all of the submissions by, and on behalf of, the applicants, all correspondence from Town officials, the Consulting Engineer to the Down, and the C'astal Zone Management Commission and members of the public, and a Public Hearing having been held pursuant to notice on C Lober 13, 1993; and WHEREAS, this Board determined that no further action under SERA was necessary because the proposed change was minimal and came within the purview of the prior SEQRA determination; NCz9, TI ORE, RP IT RESOLVED, that the site plan approval previrzicly granted to Craig and Claire Sundahl be and hereby is amended pursuant to their application and otherwise subject to all terms and conditions set forth in the resolution of November 11, 1992 and below; and it is FURTHER RESOLVED, the Planning Board dispenses with the refit for a sidewalk and two planters on Byron Place as shown on the original site plan; and it is; FURTHER RESOLVED that as a condition to issuance of a Certificate of Occupancy the applicants shall provide to the Rti i lding Department an as-built survey reflecting, at the minimum, the conditions represented on the drawing submitted September 14, 1993 reflecting the dimensions of the paved portion of Byron Place; and it is FURTHER RESOLVED that this amended site plan approval is subject to the applicants obtaining a lot coverage variance from the Zoning Board of Appeals. PUBLIC FARING AND DETERMINATION OF SEQRA AND PRELIMINARY SUBDIVISION APPROVAL - R. Diforio - 707 Weaver Street - Block 102 Lots 1 and 181. Mr. Silverberg stated that the p'riod for written comment on the Final Environmental Impact Statement had expired October 8, 1993 and that only oral comments were aczxptable at this hearing. On motion of Mr. Murray, seconded by MLS. Reader, it was unanimously 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. On notion of Mr. Fay, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. This record is a summary of the discussion. Appearing were William Maker, Jr., attorney for the applicants; Mr. and Mrs. Diforio; Jeff CantelJro, engineer of InSite Planning Board October 13, 1993 Page -4- Erxgineerinng with the Diforias; Nannette Bourne, planner of Saccardi and Schiff, for the Diforios; David Paley, of 705 Weaver Street; Eugene Tashoff, 40 Cooper Lane; R.JOseph Morgan, Engineer, Village of Larchmont; Fred Kellogg, engineer for Mt. and Mts. Eli Noy, 4 Lakewood Lane; Lbnal d S. Mazin, attorney for the Noys; Edgar Lehman, President of the Friends of the Reservoir; Elisabeth Lehman, L.I.F.E. Center; Ernest Oiierna, 5 Highridge Road, President of the IarchmDnt Gardens Association; Howard McMichael, CZMC; and Thomas Constabile, Board Member, Friends of the Reservoir. Mr. Maker, stated that, in response to the written comments of Frederick Clark, engineer, the applicants intended to provide adequate landscaping, that the house placement would fit the footprints indicated barring requests for variance to the Zoning Board of Appeals, and that he knew of no feasible way to require or enforce use of harmless pesticides. He stated that a requirement for the maintenance of the drainage system was an acceptable condition and that the removal of trees at the site would be regulate-1 by the Town Tree Las,,. Mr. Cantelmj disputed the statements of the Friends of the Reservoir concerning the speed of the drainage flew from the drainage holding system and stated that his calculations had been reviewed and approved by the Consulting Engineer to the Ttwn. He stated that the p1rpose of the system was to achieve the amount of flew to keep the "lakes" at a IC) There level. There was discussion concerning Section 281 of New York State Town Law. It was Mr. Maker's contention that the Planning Board could approve this application for subdivision without referring it to the Zoning Board. Mr.was Kepe�, an engineer, staff that the common driveway grade of 15% than the T .s required 10% grade and that he felt 15 feet was too narrow for the private way. He stated that the ornamental pond at Larc m n t Reservoir is within 100 feet of a proposed house and that a Fresh Water Wetlands Permit would be necessary. Mr. Bell stated that the wetland issue would be dealt with later. Mr. Kellogg stated that a great deal of fill would be used and claimed that the neighbors would see a very tall house, that the radius of the nil-de-sac was tight for access of fire trucks and that separate water pipes should be constructed for the new houses. Mr. Trachtman read into the record a letter from the Fire Department which approved of its access to the site, and Edgar Lehman of the Friends of the Reservoir read a Letter from the Mayor of Larchrr►ont urging careful study by the Planning Board. Mr. Lehman disputed InSite Engineering's calculations concerning flood water flew and also suggested the retention of the swale on the property for holding water. Mr. Contelmo stated that it was his company's goal to move four feet of water per second. Mr. Murray stated that the Planning Board was not concerned dur' ng s decision with the amount of water on Weaver Street or the country y club study when a resident urged postponing a voted until the Ttwn Board had implemented the study. Mr. Constabile stated that he disagreed with Mr. Lehman and felt comfortable with the plans submitted for water control. Mr. McMichael also favored these plans. Planning Board October 13, 1993 Page -5- Mr. Bell reminded the audience that it is the Tcwn Board's responsibility to legislate pesticide use and that the illegal use of harmful pesticides would be hard to regulate. In response to comments by Jim Donovan, architect of Har2end Planning, concerning prlsible required zoning variances, Mr. Maker stated that he believed Mr. Donovan, who appeared for the first time, was not aware that the original plans for the subdivision had been worked out in consultation with the Building Inspector and the Tcwn's Counsel. Mr. Mazur claimed that the Public Notice was incorrect, that it should have mentioned the seeking of relief from Sections 280-A and 281 and that it should have been mailed four teen days prior to the hearing. He requested that the Planning Board refer this application at that time to the Zoning Board, reminded the Board of the impact of development at Bonnie Briar in conjunction with this application and suggested that the applicant subdivide his property into two lots rather than three. With the consent of the applicant, on motion of Mrs. Fader, seconded by Mr. Murray, it was unanimously decided to adjourn the discussion of SERA findings to the next mooting of the Board so that the Board could outline conditions it would place in such findings. The preliminary hearing on the subdivision approval was adjourned without date. PUBLIC HEARING - Special Permit - SDB Restaurant of larchmont, Inc. - 1262 Piston Post Road - Block 407 Lot 192 On motion of Mr. Murray, seconded by Mrs. Reader, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this application and her transcript will become a Fit part of this record. On motion of Mrs. Reader, seconded by Mr. Fay, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Steve Robbins, a principal of the Pizza and Brew Restaurant, appeared. He stated that the restaurant's hours would be 11 AM to 12 midnight. He and Mr. Trachtman explained that the handicapped parking spaces for the shopping center are adjacent to the dumpster. Therefore, a sign will be posted prohibiting parking between the hours of 6 AM to 9 AM, the hours when garbage is collected. On motion of Mr. Murray, seconded by Mr. Fay, the following resolutions Were unanimously adopted. WHEREAS, SDB Restaurant of Larchrrbnt submitted an application for a Special Permit use for a restaurant located at 1262 Poston Post Road, Iarchmont, New York, and known on the Tax Assessment Map of the Tcwn of Mamaroneck as Block 407 Lots 192; and Planning Board October 13, 1993 Page -6- WHEREAS, a Public Hearing having been held on October 13, 1993 pursuant to notice; and WHEREAS, the Planning Board having considered the application for a Special Permit, the plans and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public. NCW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets. 2. The op rations in connection with the Special Permit will be no more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Permit. 3. The proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. BE IT FURTHER RESOLVED, that this Board approves the application of SDB Restaurant of Tarchnont, Inc. for a Special Permit for a restaurant on the premises subject to the following terms and conditions. 1. The hours of operation of the restaurant shall be limited to 11 AM to 12 Midnight. 2. A "No Parking from 6 AM to 9AM" sign shall be erected at the handicapped parking spaces located at the dumpster for the Village Square shopping center. PUBLIC HEARING - Site Plan Application - New Car Dealership - Alfredo Qi.11a- 2533 Boston Post Road - Block 504 Lot 134 On motion of Mrs. Reader, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. Planning Board October 13, 1993 Page -7- On notion of Mrs. Reader, seconded by Mr. Fay, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. App°aring were Mr. Gulla and his architect, Walter LeVivo. Mr. EeVivo stated that the Board of Architectural Review had approved of the project, that the Zoning Board had held a hearing and was waiting for the Planning Board's approval and that the application had been heard by the Coastal Zone Management Commission. Ewe Nudelman, E�ivi onmenta7 Coordinator, stated that her office and the CZMC needed more information from Mr. C Vivo following the CZMC hearing. She stated that the Commission's major concern was the central drain. Mr. £Vivo stated that the application was scheduled to be heard before the New Rochelle Zoning Beard during the second week of November, and Mr. Silverberg reported that the Down Zoning Board members had indicated that they were likely to approve of the application. On notion of Mrs. Reader, seconded by Mr. Murray, the Planning Board found this matter to be an unlisted action under SEQRA and that the action would neither help nor harm the environment. On motion of Mr. Murray, seconded by Mr. Fay, the following resolutions were unanimously adopted. WHEREAS, Alfredo Gulla has submitted an application for Site Plan Approval for the construction of a new (mar dealership located at 2533 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Lot 192; and WHEREAS, the Planning Board has been designated lead agency and has conducted and completed proceedings pirsuant to SEAR; and WHEREAS, the Zoning Board has heard this application for variances regarding the reduction of the size of the parking spaces, a reduction in lot coverage, a reduction in the size of the rear yard, the use of 5 parking spaces with less than standard maneuvering areas and the lack of an off-street loading space; and WHEREAS, the Board of Architectural Review has indicated its approval of the design; and WHEREAS, the Planning Board has reviewed all of the submissions by, and on behalf of, the applicant, all coLrespondence from Town officials, the City of New Rochelle, the Down Fire Dement, the Consulting Engineer to the Down, the Traffic Committee and the Coastal Zone Management Commission and members of the public, and a Public Hearing having been held pursuant to notice on October- 13, 1993; NCW, DARE, BE IT RESOLVED, that Site Plan Approval is hereby granted for the application submitted by Alfredo Calla, subject to all terms and conditions set forth herein. I. General Requirements Planning Board October 13, 1993 Page -8- A11 site work, traffic controls, landscaping, storm water drainage and treatment systems shall be in accordance with and subject to certain revisions of the plans submitted, which are to be approved by the Consulting Engineer to the Tbwn II. Compliance with SEC)R 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 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 Environments i Assessment Forms, and addendum thereto, and all special requirements and modifications set forth herein. 11::) III. Special Requirements A. Water Retention and Drainage The exterior and interior drainage and oil separator shall be designed in consultation with the Consulting Engineer to the Town. Approval is subject to the Coastal Zone Management Commission finding said designs to be consistent with IWRP Policies. B. Erosion and Sedi_maentary Control - (During Construction) 1. Erosion and sedimentation control plans shall be based on the standards presented in the Town of Mamaroneck Erosion and Sediment Control Law. 2. The control plan shall include a construction timetable and an inspection schedule. C. Rock removal shall be by mechanical means. Planning Board October 13, 1993 Page -9- D. Traffic The applicant shall apply for approval to the New York State Department of Traffic for off-site loading spaces. III. Other 1. Approval is contingent upon approval by the Zoning Boards of Appeals of loth the 2twn of Mamaroneck and the City of New Rochelle. 2. Lights shall be directed inward and shall be turned off no later than 9:00 PM, with the exception of those used for safety. APPROVAL OF MINUTES On motion of Mr. Gonye, seconded by Mr. Murray the minutes of September 8, were unanimously approved. ADJOURNMENT On notion of Mr. Murray, seconded by Mrs. Reader, the mooting was adjourned at 1:15 AM. Bonnie M. Burdick