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HomeMy WebLinkAbout1994_04_13 Planning Board Minutes (2) MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMAROMECK APRIL 13, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST BOS"TON POST ROAD MAMARONECK, NEW YORK Present: Marilyn Reader, Chair 10 034 Richard Darsky Gabriel Fay lit Edward Gonye Linda Harrington P J04 8®4WD Joel Negrin 4 i. ®! 199� 41944f.1 C1f ©CC00 Absent: Alan Murray N0.,Aw C elf Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Eve Nudelman, Environmental Coordinator Lisa Parilla, 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 Chair Reader at 8:19 PM. APPROVAL OF MINUTES On motion of Mr. Negrin, seconded by Mr. Gonye, the minutes of November 10, 1993 were approved unanimously by those current members who were on the Board at that time. On motion of Mr. Negrin, seconded by Mr. Gonye, the minutes of January 20, 1994 were approved unanimously by those current members who were on the Board at that time. DECISION - Preliminary Subdivision Approval - R. Diforio - 707 Weaver Street - Block 102 Lots 1 & 181. Mr. Silverberg had circulated a draft of findings based on comments of Board members and distributed that night a revision of these findings. He stated that the revisions were not substantive - minor changes of language and removal of redundancies or typos. On motion of Mr. Darsky, seconded by Mr. Gonye, the following findings were unanimously adopted by a vote of 6-0. Applicants have applied for resubdivision of property which presently has located upon it one single-family house. The applicants seek to Planning Board April 13, 1994 -2- divide this property into three lots so as to provide for erection of two additional single-family houses. The property is located in a critical environmental area and has been the subject of environmental review under the State Environmental Quality Review Act and local environmental provisions. This Board has issued Findings of Fact under SEQRA which find that mitigative measures can be employed to allow development of the site subject to the conditions set forth in those Findings. This application has been the subject of numerous hearings at which both the applicant and the applicant's neighbors have been represented by attorneys, engineers and planners. In addition, various organizations including the Coastal Zone Management Commission, the Village of Larchmont, New York DOT and the Town Conservation Advisory Commission either appeared or submitted written comments on this application or both. Thus, we have had the benefit of substantial comment on the application. As is set forth in our SEQRA findings, we recognize the sensitive environmental setting of this property and believe that our SEQRA findings set forth a framework which would allow the development of this property in a manner which would also protect the environment to the maximum extent practicable. As part of its subdivision application, the applicant requests that this Board exercise its authority under Section 280-a of the Town Law and find that the applicants have adequate access over Arrowhead Lane, a private road shown on the official map of the Town of Mamaroneck ranging from approximately 15 to 20 feet in width, which would provide access from the two additional lots to Weaver Street, a state road. Further, the applicants request that this Board exercise its authority under Section 278 of the Town Law as provided Section 89-15 of the Town Zoning Ordinance to allow a reduction in the frontage requirements reiments frcan the 125 feet required in the Ordinance to 30 feet for Lot 1 and 35 feet for Lot 2. After careful review we find that Arrowhead Lane constitutes a suitably improved access to the subdivision in respect to public health, safety and general welfare for the special circumstances of Arrowhead Lane. Arrowhead Lane has existed for decades as an access for several homes off of Weaver Street. The Board finds that Arrowhead Lane is a mapped street on the official map of the Town, although it remains a private road. Arrowhead Lane constitutes a right-of-way of approximately 20 feet in width which is paved at a width of approximately 15 feet Planning Board April 13, 1994 -3- throughout. It opens onto Weaver Street at a widened area in excess of 40 feet in width which allows adequate turning radius in and out of Weaver Street both for vehicular traffic and emergency vehicles. We have a written report from the Chief of the Town Fire Department saying that there is adequate access for fire vehicles, and there is no evidence in the record, which this Board feels is reliable, which indicates that the access of Arrowhead Lane is unsuitable or inadequate for ingress and egress of fire trucks, ambulances, police cars or other emergency vehicles. Under the circumstances, we believe that the addition of two one-family homes with access on Arrowhead Lane will not adversely impact the access of either normal traffic or or emergency vehicles. We find that under the particular circumstances of this street in conjunction with the proposed addition of two houses that Arrowhead Lane constitutes adequate and suitable access within the meaning of §280-a of the Town Law. With respect to the provisions of Town Law Sections 278 and 89-15 of the Town Zoning Ordinance, this Board deems it appropriate to exercise its authority to allow variations so as to reduce the frontage of the lots to 30 and 35 feet respectively. A review of Section 278 convinces this Board that the proposed subdivision meets the standards and definitions of cluster zoning under the provision of Section 278 of the Town Law. There is ample precedent for this Board to allow deviations under this provision of law and §89-15 of the Town Zoning Ordinance. There is ample precedent for this Board to allow deviations under this provision of law and §89-15 of the Town Zoning Ordinance. There is a specific grant of authority fran the Town Board to the Planning Board to exercise such authority. The only limitation of §89-15 is that a reduction of frontage shall be to no less than 25 feet and in this case both of the proposed lots exceed that requirement. The Board further finds that the layout of this subdivision in the manner proposed will be beneficial to the Town. The alternative would be to require an additional curb cut on Weaver Street, which would create potential traffic hazards. Further, the restrictions placed on this subdivision, as set forth below in the conditions, in many respects exceed requirements generally applicable throughout the Town, but have been consented to by the applicant in recognition of the environmentally sensitive nature of this particular area. Were we not to have this subdivision sane of these protections would not exist for this environmentally sensitive area and thus, by agreeing to these conditions as part of this subdivision approval, the applicant is conferring a benefit upon the entire Town. The applicant has demonstrated that it is entitled to a subdivision of its land into three parcels as set forth in the subdivision application dated June 21, 1991, and map dated the 26th day of August, 1991, prepared by Gabriel E. Senor, P.C. Consulting Engineers and Land Surveyors. We therefore grant conditional preliminary subdivision approval based upon the following conditions: 1. An 8-inch water main line and a fire hydrant will be required in the cul-de-sac of Arrowhead Lane. Planning Board April 13, 1994 -4- 2. The present and future owners of the subject property will cooperate with the Town to maintain and preserve the quality of runoff from the subject property into the ornamental pond, the Reservoir and Goodliffe Pone, as follows: a. abiding by Best Management Practices prescribed by the Westchester County Soil and Water Board and by the Town of Mamaroneck's Soil Erosion and Sedimentation Control Law; b. permitting periodic inspections by the Town of Mamaroneck to ensure that the proposed stormwater facility is operating as designed, and being properly maintained and otherwise to monitor these conditions; c. inspecting, maintaining, and, when necessary, repairing or restoring all installations on an annual basis; d. requiring that low-maintenance disease-resistant plantings be used in new gardens; e. prohibiting the use of herbicides and pesticides in maintaining the lawns and landscaping on the property; f. using only sand, rather than chemicals, on ice and snow in areas that could drain into the ornamental pond and Goodliffe Pond; and g. including specific environmental protection measures, such as stating those practices and products that are acceptable and those that are prohibited, in the deeds for the proposed lots. 3. A detailed landscaping and tree preservation plan, in compliance with the Town of Mamaroneck Tree Preservation Ordinance, will accompany the submission of final engineering and grading plans. During construction, where grading will occur close to mature vegetation, supervision by a qualified landscape architect will be provided to ensure that mature vegetation is not unnecessarily threatened or destroyed. As appropriate, retaining walls and treewells will be used to protect and preserve existing trees. 4. The applicants shall submit a detailed soil erosion and sedimentation control plan to the Town Engineer for review and approval. That plan shall delineate grading limit lines and landscaping to minimize the impact of grading and soil erosion on the steeper slopes. 5. The stormwater management plan will consist of 270 linear feet of 48-inch diameter perforated detention pipe with 2-foot diameter riser pipes with inlet grates. The inlet grates will be designed to allow stormwater surface runoff to enter the detention pipes as well as provide access to the detention pipe for maintenance. Runoff from the site will be directed to flow over these inlet grates. The proposed detention pipe will be connected to a catch basin that will Planning Board April 13, 1994 -5- contain four orifices to monitor the flows leaving the subject property. These orifices will limit the site's peak stormwater discharge to pre-development levels and allow detained stormwater to build up in the detention pipe. The perforations in the detention pipe will also allow the groundwater and stormwater to flow in and out or equalize so that the pipe will never be "floating." Finally, a velocity dissipation structure will be included at the point where water is discharged into the pond to slow the stormwater to a non-erosive velocity. 6. Sedimentation/oil separators will be installed to cleanse the stormwater leaving all newly created impervious areas. In addition, cutoff swales will b constructed to prevent clean water (water from undisturbed areas) from running across the impervious areas. This will cut down on the volume and rate of stormwater passing through these sedimentation/oil separators. The sedimentation/oil separators will be pre-cast concrete tans. After the stormwater passes through the separators, it will be piped to the 48-inch diameter corrugated metal detention pipe. Stormwater runoff from lawn areas will be the same as existing runoff fran lawns except that it will pass through the detention structure prior to leaving the subject property. Since all proposed construction, except a portion of a proposed driveway, will be done in areas that are currently lawn, there will not be an increase in fertilizer use and associated nutrient loadings. 7. Construction activities and site disturbance will not occur within 10 feet of the ornamental pond, except for that required to construct the stormwater facilities. 8. The environmental impact statements indicate that the DIFORIO SUBDIVISION will add approximately . 25 acres of new impervious surfaces to the site (Ftas p. 23) . The Board recognizes that after the subdivision is developed, additional accessory structures (e.g. a tennis court) or other impervious surfaces (e.g. a patio) may be built. Until new impervious surfaces increase the total of new impervious surfaces from .25 acres to .30 acres, the owners need only comply with the Town's then existing laws regulating the particular improvement. Once the total of the new impervious surfaces in the DIFORIO SUBDIVISION exceeds .30 acres, then, in addition to complying with the Town's existing laws regulating the particular improvement, calculations must be furnished to the Town Engineer indicating that the stormwater management plan constructed as part of the DIFORIO SUBDIVISION can accommodate whatever additional runoff may be caused by the proposed new impervious surface. If the stormwater management plan cannot accommodate this additional runoff, the Town Engineer may accept alternate plans (e.g. drywells) or improvements to the stormwater management plan provided these alternate plans or improvements to the stormwater management plan will adequately contain the additional stormwater runoff. If there are no satisfactory alternatives presented, there will be no construction of additional impervious surfaces on any portion of the subdivision unless approved by this Board. 9. These conditions shall be contained in the instruments recorded when the subdivision plat is filed. These conditions also shall be Planning Board April 13, 1994 -6- contained in the deeds transferring title to the lots created by the subdivision plat. 10. The Town of Mamaroneck will be given an easement to inspect, maintain and repair the stormwater management plan if the owners of the lots created by the subdivision plat fail to do so. The Town's cost for such maintenance and repair shall be assessed against one or more of the lots. The wording of the easement must be approved by the Town Attorney before it is executed by the Supervisor on behalf of the Town. 11. Water main installations shall be coordinated with Westchester Joint Water Works. 12. A performance bond shall be provided prior to the issuance of any building permit as follows: a. Storm drainage system and appurtenances $75,000 b. Water main, valves, hydrant and services 30,000 c. Sanitary sewer force main and connection 25,000 d. Sediment and erosion control 10,000 e. Other utilities 25,000 f. "As-built" drawings 10.000 Total $175,000 13. Trees on the site shall be retained in conformity with the Town's Tree Ordinance, if applicable. If the Tree Ordinance is not applicable, every effort will be made to preserve all trees in open areas greater than eight (8) inches in diameter and four (4) feet above grade. 14. Prior to final approval, applicant shall submit plans demonstrating conformity with all the requirements of this preliminary subdivision approval. PUBLIC HEARING - Site Plan Application - Town of Mamaroneck Fire District No. 1 - Fire House - Weaver Street - Block 123 Lot 329. On motion of Mrs. Reader, 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 Mrs. Harrington, seconded by Mrs. Reader, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Stephen V. Altieri, Administrator, appeared for the Fire District, accompanied by Supervisor Price and the architects, John Fry and John Sullivan. He stated that the Zoning Board was considering a parking Planning Board April 13, 1994 -7- plan for 30 cars. This plan would provide the same amount of spaces as exist where 93 are required by Ordinance. Interested residents appearing included Ernest Odierna, president of the Larchmont Gardens Association. Mrs. Reader read a memo from the Board of Architectural Review specifying that lights beinstalled on 12-feet-high poles and that the lights should be extinguished at 11 PM except for special events or general alarms. The members agreed with these requirements and also agreed that the design of the windows and the landscaping would be subject to BAR approval. The plans have been changed - fire escapes have been put inside, the stone embellishment has been increased and the trellises have been removed. On motion of Mr. Darsky, seconded by Mr. Negrin, the following resolutions were unanimously adopted, 6-0. WHEREAS, the Town of Mamaroneck Fire District No. 1 has submitted an application for Site Plan Approval for a Fire House alteration located at 205 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Lots 329; and WHEREAS, the Planning Board has been designated lead agency and has conducted and completed proceedings pursuant to SEQRA; 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 April 13, 1994; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby granted for the application submitted by the Town of Mamaroneck, Fire District 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. II. Compliance with SEMR 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 Planning Board April 13, 1994 -8- 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 Sedimentary Control - (During Construction) 1. Erosion and sedimentation control plans shall be based on 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. Approval is subject to necessary variances being granted by the Zoning Board of Appeals. D. Approval is subject to review and approval of the revised plans for the second-story windows and the landscape plan by the Board of Architectural Review. E. No maintenance of fire trucks such as washing and refueling shall be done in the rear parking lot. F. The lights in the rear parking lot, other than those required for safety and security, shall be extinguished at 11 PM except during special events or general alarms. REFERRAL FRCtA TOWN BOARD - Amendment to Zoning Ordinance - "Recreation Zone". Mr. Silverberg stated that the Planning Board needed to report back to the Town Board within 45 days and that it should consider whether a change of zone from residential to recreation for the existing country clubs would meet the Zoning Ordinance and whether such a change would be appropriate. Environmental and hydrological studies for the area involved will be made available to the Board. On motion of Mrs. Reader, seconded by Mr. Negrin, the recreation zone referral was adjourned to the meeting of May 11, 1994. Planning Board April 13, 1994 -9- APPROVAL OF MINUTES On motion of Mr. Negrin, seconded by Mr. Negrin, the minutes of February 17, 1994 were approved as amended by a vote of 6 - 0.. ADJOURNMENT On motion of Mr. Gonye, seconded by Mr. Negrin, the Board by a vote of 6 - 0 adjourned the meeting at 11:30 PM. Bonnie M. Burdick