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HomeMy WebLinkAbout1994_08_10 Planning Board Minutes (2) T°I)e--1) MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF BECK AUGUST 10, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn Reader, Chair 12 Richard Darsky Gabriel Fay 4 Linda Harrington �► Alan Murray DECEIVED Joel Negrin ( AUP 23 1994 w Absent: Edward Gonye PATRICIA CLERKCCIO MAMARONECK N.Y. Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer ' Eve Nudelman, Environmental Coordinator Valerie Moore O'Keeffe C. Alan Mason, Chairman CZMC Barbara Terranova, Public Stenographer Kazazes and Associates 250 Fast Hartsdale Avenue, Suite 24 Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chair Reader at 8:20 PM. APPROVAL OF MINUTES On motion of Mr. Negrin, seconded by Mr. Murray, the minutes of June 8, 1994 were approved. On motion of Mr. Murray, seconded by Mrs. Harrington, the minutes of July 21, 1994 were approved as corrected. PUBLIC HEARING - Fresh Water Wetlands and Water Courses Permit - Nantucket Hoene Builders - Lot No. 7 Fenbrook Drive - Block 309 Lot 7. George Braverman, owner, was accompanied by his architect, Mark Mustacato. On motion of Mr. Negrin, 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 August 10, 1994 -2- C. Alan Mason, Chairman of the Coastal Zone Management Commission, asked about coordinating construction with the adjacent property. Applicants for that property, owned by Mr. and Mrs. Terence Toal, were to be heard later in the meeting requesting a Fresh Water Wetlands and Water Courses Permit. Mr. Mustacato stated that access would be available to the north side of the property by way of Mr. Toal's property. Said access would not be permanent, and Mr. Silverberg stated that this allowance must be stated in writing prior to issuance of a Building Permit to Nantucket Builders. Mr. Mustacato stated that he would submit a plan showing the limits of said access so that it will be delineated in a manner to limit any disturbance. On motion of Mr. Murray, seconded by Mr. Darsky, it was unanimously, 6-0, RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mr. Murray, seconded by Mr. Negrin, it was unanimously, 6-0, RESOLVED, that this Board finds this matter to have no substantial environmental impact and directs the filing of a Negative Declaration. On motion of Mr. Darsky, seconded by Mr. Murray, the following resolution was adopted unanimously, 6-0, WHEREAS, Nantucket Home Builders has applied for a permit for the premises at Lot No. 7 Fenbrook Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 309 Lot 7 pursuant to Local Law #7-1986; and 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 #7 of 1986 having been held on September 8, 1993; Planning Board August 10, 1994 -3- 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 will 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 Nantucket Home Builders for a permit, pursuant to Local Law #7 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. A completed plan shall be submitted to the Building Department showing the temporary point of access to this property from the adjacent property granted by its owners, Terence and Jane Toal. Said plan shall show the exact point of access and the extent of this access to this applicant's lot; and the plan shall show details of erosion control damage for the access. The plan must be approved by the Building Inspector before a Building Permit shall be issued. 4. During construction, in consultation with the Consulting Engineer, hay bales shall be installed between the construction and the Sheldrake River. 5. Work involving site preparation shall only take place from Monday through Friday between the hours of 8:30 AM and 4:30 PM. Planning Board August 10, 1994 -4- 6. A cash deposit or bond for $5,000 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. 7. This permit shall expire upon completion of the proposed activity or one year frcan the date of its issue whichever first occurs. CONSIDERATION - Fresh Water Wetlands and Water Courses Permit - Jane and Terence Toal - Empty lot on Fenbrook Drive - Block 309 Lot 6 Mark Mustacato, architect, appeared with Mr. Toal. He stated that a small amount of the property is in the flood area; a portion of the southeast corner is in the ten-year flood plain. Mr. Mustacato submitted a new plan reflecting the changes requested by Mr. Jakubowski which was dated August 9, 1994. He was asked to submit this plan for the record. The members of the Board discussed which trees were to be removed and had questions about the proposed circular driveway. Mr. Negrin inquired whether or not the rear yard setbacks were met and requested that a line showing 100 feet back from the stream be added to the drawing so that the controlled area was more obvious. On motion of Mr. Murray seconded by Mr. Negrin, it was unanimously, by a vote of 6-0 RESOLVED, that the Planning Board intends to declare itself Lead Agency; 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 and which may require further action under SEQRA; and it is FURTHER RESOLVED, that the circulation of notice of intent to declare Lead Agency to the involved agencies is directed. On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously, RESOLVED, that this matter shall be referred to the Coastal Zone Management Commission for comment; and it is FURTHER RESOLVED, that this Board hereby sets Wednesday, September 8, 1994 at 8:15 PM as the date and time for a Public Hearing for the application of Jane and Terence Toal for a Fresh Water Wetlands and Water Courses 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. Planning Board August 10, 1994 -5- REFERRAL FROM TOWN BOARD - Proposed Law - "Moratorium on Placement of Cellular Telephone Antennas Mr. Fay recused himself from the discussion and decision as he has represented the Alden House which, with NYNEX, has applied for a cellular telephone antenna site. Mr. Silverberg explained the ramifications of a referral from the Town Board. This Board had to answer the Town's query by the next Town Board meeting of August 17, 1994. He noted that the County of Westchester had responded by letter dated August 4, 1994; said letter is a part of the record. Mrs. Reader stated that she felt it appropriate to adopt the moratorium so that the Town Board could consider the appropriateness of regulation of antennae. Mr. Negrin agreed stating that a moratorium would give the Town Board time to consider all of the issues relating to the matter On motion of Mr. Negrin, seconded by Mrs. Harrington, the Planning Board, unanimously, 5-0, moved to recommend to the Town Board the adoption of a moratorium for decisions about Placement of Cellular Telephone Antennas for ninety days. (The subsequent resolution is attached to these minutes.) ADJOURNMENT On motion of Mrs. Harrington, seconded by Mr. Darsky, the meeting was unanimously, 6-0, adjourned at 9:23 PM. Bonnie M. Burdick, Recording Sec'y Certification It is hereby certified that at the meeting of August 10, 1994 the Planning Board of the Town of Mamaroneck adopted the following resolution: WHEREAS, the Town of Mamaroneck town board has Leterred a proposed moratorium law entitled "Moratorium on Placement of Cellular Telephone Antennas" to this board for consideration, and, WHEREAS, at its August 10, 1994 meeting this board reviewed said law and discussed its recommendation to the town board, it is hereby RESOLVED: that the Planning Board of the Town of Mamaroneck recommends to the town board the adopLiwu of the proposed moratorium on placement of cellular telephone antennas for a period of ninety days so that the town board can appropriately review and research issues relating to Lhe uuncerus of the public with regard to the public health, safety and welfare, the complex legal issues relating to such regulations and the appropriateness of adopting such reyuld,Liohs, Lhe potential impacts upon critical environmental areas of such structures and in particular, the consideration of the potential impacts of such structures on property values, in pdt'Liuuldr coning districts, and on the visual aesthetic character of the town. Dated: August/! 1994 aril ,;, 4.6.0 ,4:.,__ Reader, Chair 1 II " R ill gJ67 BLDG.&PLMBG.INSP. 1! i MAMARONE 1( N.Y ._