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HomeMy WebLinkAbout1993_09_08 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 8, 1993, IN THE SENIOR CENTER, TOWN CENTER. 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK C . Present: Sanford Bell, Chairman Gabriel Fay Edward Gonye Sal Iacono Alan Murray Joel Negrin Marilyn Reader Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer C. Alan Mason, CZMC Richard Young, CZMC Laurie Fletcher, Public Stenographer Kazazes & Associates 250 East 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 welcomed 011164 as- a new member, Joel Negrin, an attorney practicing in New York City and past chairman of the Town Zoning Board. DETERMINATION OF COMPLETENESS OF FINAL ENVIRONMENTAL IMPACT STATEMENT - R. Diforio - 707 Weaver Street - Block 102 Lots 1 & 181 The applicant's engineers had added written comments to the FEIS in response to questions and statements made at the June meeting. Both Mr. Silverberg and Mr. Trachtman stated that in their opinion the FEIS was complete. On motion of Mrs. Reader, seconded by Mr. Murray, the Planning Board with a unanimous vote of 6-0, Mr. Negrin abstaining, accepted the FEIS as complete, set a Public Hearing for SEQRA and for preliminary Subdivision Approval for October 13, 1993 and determined that it will accept written comments on the FEIS until October 4, 1993. PUBLIC HEARING - Fresh Water Wetlands and Water Courses Permit - F. Harlan Batrus - 11 Bruce Road - Block 346 Lot 94 On motion of Mr. Murray, seconded by Mrs. Reader, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. • Planning Board September a, 1993 -2- The Public Stenographer was present for this application and her transcript will become a permanent part of this record. William Maker, Jr. , attorney, appeared with Stewart Distin, architect, and Elliott Senor, Engineer. He stated that the only structure involved in the CEA is a drainage piping system designed to deal with rain water as the terrain will not allow the installation of dry wells. Russell Pelton represented Winged Foot Golf Club. He stated that he was comfortable with the system but was concerned about drainage of the proposed pool. On motion of Mrs. Reader, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mr. Murray, seconded by Mrs. Reader, the Planning Board 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 as determined by New York State or corresponding local law, therefore requiring further action under SEQRA; and it is FURTHER RESOLVED, that this matter had ,,been referred to the Coastal Zone Management Commission. On motion of Mr. Iacono, seconded by Mr. Murray, the Planning Board unanimously RESOLVED, that this Action will not have a significant impact on the environment as determined by New York State or corresponding local law, therefore, requiring no further action under SEQRA. On motion of Mr. Iacono, seconded by Mr. Murray, the following resolutions were unanimously adopted. WHEREAS, F. Harlan Batrus has applied for a permit for the premises at 11 Bruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 Lot 94 pursuant to Local Law #7-1986; and Arm Planning Board September 8, 1993 -3- 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 #i7 of 1986 having been held on September 8, 1993; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity Aftw 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; 3. 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; 4. 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 F. Harlan Batrus for a permit, pursuant to Local Law #i7 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. During construction, in consultation with the Consulting Engineer, hay bales shall be installed between the construction and the Sheldrake River. Planning Board September 8, 1993 -4- 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 $3,000 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. When the pool on site is closed each year, the applicant must wait several weeks after the last application of chlorine before lowering the water level. The water level in the pool shall be lowered by a pump with a resulting velocity in the 8 inch drain pipe of less than two feet per second. —' 7. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. CONSIDERATION OF AMENDED SITE PLAN - Craig Sundahl, DDS. - One Madison Avenue - Block 132 Lot 440 Since the law firm of which his wife is of counsel was appearing in this case, Mr. Bell recused himself; and Mr. Murray chaired this hearing. Dolores A. Battalia, attorney, appeared with Larry Gordon, architect. They stated that errors had been made calculating the exact size of the lot before construction. Outdoor construction has been halted, and a new zoning variance may be necessary for coverage and parking. Mr. Silverberg stated that the Town owns only that part of the street which has been paved. Joshua Grauer, attorney of Cuddy and Feder, appeared on behalf of Hoffmann Investment Corporation which owns the adjacent property on Byron Place and requested that a careful study be made. Mr. Negrin asked that a more detailed drawing be submitted. It was decided to ask Mr. Gitlitz, the Deputy Superintendent of Highways, for information concerning the width of Byron Place as he had measured the street prior to construction. On motion of Mr. Iacono, seconded by Mrs. Reader, 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 an Unlisted Action which may have a significant impact on the environment as determined by New York State or corresponding local law; and it is FURTHER RESOLVED, that this matter shall be referred to the Coastal Zone Management Commission for comment. Planning Board September &, 1993 -5- On motion of Mr. Iacono, seconded by Mrs. Reader, it was unanimously RESOLVED, that this Board hereby sets Wednesday, October 13, 1993 at 8:15 PM as the date and time for a Public Hearing for the application of Craig Sundahl for an amended site plan; 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. CONSIDERATION OF SITE PLAN AND SPECIAL PERMIT APPLICATION - SDB Restaurant of Larchmont, Inc. - 1262 Boston Post Road - Block 407 Lot 192 Steve Robbins appeared. He stated that he and his partners intend to construct a Pizza and Brew restaurant in three empty stores at Village Square Shopping Center. There will be no changes to the exterior of the building; a garbage compactor will be installed at the rear. Mr. Trachtman said he was concerned about handicapped access, but stated that it was possible that site plan review will be waived. The partners stated that the hours will be 11 AM to 11 PM during the week and 11 AM to 12 PM on the weekend. On motion of Mrs. Reader, 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 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 On motion of Mrs. Reader, seconded by Mr. Murray RESOLVED, that this Board hereby sets Wednesday, September 13, 1993 at 8:15 PM as the date and time for a Public Hearing for the application of SDB Restaurant of Larchmont, Inc. 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. CONSIDERATION OF SITE PLAN APPLICATION - New Car Dealership - Alfredo Gulla - 2533 Boston Post Road - Block 504 Lot 134 Planning Board September a 1993 -6- Walter DeVivo, architect, appeared. He stated that it was his client's intention to construct a 9,000 square foot building which would be partially in Mamaroneck and partially in the City of New Rochelle. New Rochelle has ceded supervision to the Town. Mr. DeVivo stated that, in response to concerns of the Zoning Board, he had redesigned the lot with smaller parking spaces to keep everything out of the buffer zone. This matter will need to be heard by the BAR as well. On motion of Mrs. Reader, 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 is an Type I Action which may have a significant impact on the environment as determined by New York State or corresponding local law; and it is FURTHER RESOLVED, that this matter shall be referred to the Coastal Zone Management Commission, the Traffic Committee and the Fire Department. On motion of Mr. Iacono, seconded by Mr. Murray, it was unanimously RESOLVED, that this Board hereby sets Wednesday, October 13, 1993 at 8:15 PM as the date and time for a Public Hearing for the applications of SDB Restaurant for a site plan application and special permit application; 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. Mr. Bell asked that Mr. DeVivo provide the Board with copies of the letter from New Rochelle. APPROVAL OF MINUTES On motion of Mrs. Reader, seconded by Mr. Murray, the minutes of July 14, 1993, were unanimously approved, 6-0, Mr. Negrin abstaining. ADJOURNMENT On motion of Mr. Fay, seconded by Mr. Iacono, the meeting was adjourned at 10:05 PM. i6317Lfrt. • /J L1-4 Bonnie M. Burdick