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