HomeMy WebLinkAbout1995_02_08 Planning Board Minutes (2) .:2*7
MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARCNECK
FEBRUARY 8, 1995, IN THE COURT ROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARCN,NECK, NEW YC X
Present: Marilyn Reader, Chair
Edward Gonye
Linda Harrington
Alan
Joel
Negrin
Also present: Richard Darsky L�
nAhriel Fay �ii` �tC�`v� 0 0
Also Present: Steven M. Silverberg, Counsel �Q 04
Gary Trachtman, Consulting Engineer ► 116V
Lisa Parrilla, Public Stenographer
�� 1.11�ir
Kazazes and Associates
250 East 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 8:25 PM.
PUBLIC REARMING - SPECIAL PERMIT - Metropolis Westchester Lanes -
Nature's Warehouse (Health Food Store) 2444 Boston Post
Road - Block 503 Lot 137.
On motion of Mr. Murray, seconded by Mr. Negrin, it was unanimously, by a
vote of 5-0,
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.
Andrew Fredman, architect, appeared with David Robinov, prospective
tenant. He stated that the application had been heard by the Coastal Zone
Management Commission and the Traffic Committee. The CZMC had, by letter
to the Planning Board, declared that the proposed store would not change
the impact on the Critical Environmental Area; and the Traffic Committee
by memo fram the Administrator, suggested implementing Option No. 7 from
the traffic study prepared April, 1994 by Ethan C. Eldon Associates. Said
option suggests ..."revising signal phasing to create leading/lagging
phase(s), for the eastbound and/or westbound traffic." Mr. Fredmian
stated that the applicant will file with the State Department of
Transportation for traffic changes and pay for implementation if approved.
Planning Board
2/8/95
Page -2-
Mr. Fredman stated that the applicant will be going before the Board of
Architectural Review to request an increase in the size of its garbage
enclosure. Said change will not effect the number of parking spaces.
On motion of Mr. Murray, seconded by Mrs. Harrington, it was unanimously
ously
by a 5-0 vote
RESOLVED, that the Public Hearing be, and hereby is, declared
closed.
On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously, by a
vote of 5-0,
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. Negrin, seconded by Mr. Murray, the following resolution
was unanimously adopted, by a vote of 5-0.
WHEREAS, Metropolis Westchester Lanes Inc. submitted an application
for a Special Permit use for a retail store operated by David Radinov,
d/b/a Nature's Warehouse, located at 2444 Boston Post Road, Larchmont,
New York, and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 503 Lots 137; and
WHEREAS, a Public Hearing having been held on February 8, 1995
pursuant to notice; and
WHEREAS, the Planning Board having considered the application for a
Special Permit, the plans and zoning report 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.
NOW, 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 operations 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.
Planning Board
2/8/95
Page -3-
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
Metropolis Westchester Lanes Inc. as landlord for a Special Permit for a
retail store on the premises under the name of Nature's Warehouse subject
to the following terms and conditions.
1. All terms and conditions stipulated in the Site Plan approval
granted by this Board on February 10, 1993.
2. The hours of operation of the store shall be 9 AM to 9 PM.
3. Metropolis Westchester, Inc. shall diligently proceed with
application to the New York State Department of Transportation to
implement the leading/lagging option both East and West for the
traffic light at Dillon Road and the Boston Post Road.
4. Metropolis Westchester Inc. shall pay for the installation of the
new traffic mechanism if approved.
CONSIDERATION - Final Subdivision - Gila Lourie - 109 Griffen Avenue
Block 305 Lot 903.
Eliot Senor, of Gabriel Senor Engineering, appeared with Mrs. Laurie. He
stated that the Board had received the latest subdivision map. There was
a change fram 93' frontage on the northern lot to 100' frontage for that
lot. The southern lot, therefore, then had 93' frontage. Mr. Silverberg
stated that such change would be considered minor and would not require a
Public Hearing.
Mr. Senor stated that the proposed bridge to the new lot would show on the
construction plan. Mr. Silverberg agreed that such procedure is usual.
On motion of Mt. Murray, seconded by Mrs. Harrington, the following
resolution was unanimously adopted, by a vote of 5-0.
WHEREAS, Gila Lourie has submitted an application for Final
Subdivision Approval in proper form and complying with all
requirements of the Town, other municipal agencies, the comments of
the Consulting Engineer to the Town and this Planning Board; and
WHEREAS, this Board held a Public Hearing on the application for
Subdivision Approval on November 9, 1994 and December 14, 1994;
NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is
hereby granted and a variance of Section 89-15 to allow a frontage of
93 feet on the southernmost lot of the two is granted to Gila Lourie
pursuant to her application and subject to all terms and conditions
set forth below:
Planning Board
2/8/95
Page -4-
I. General Requirements
All curbs, suitable monuments, water mains, storm drains,
sanitary sewer facilities and street trees shall all be
installed in accordance with the latest standards and
specifications in force at the time work is started in
accordance with the approval plan, particularly with respect
to the final Subdivision Plan, prepared by Eliot Senor,
Surveyor, dated 2-1-95.
II. Compliance with SEAR
A. Consistent with social, economic, and other essential
considerations of State policy, to the maximum extent
practicable from the 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 Environmental Assessment Forms and
addendum thereto and all special requirements and
modifications set forth herein.
III. Special Requirements
A. Water Retention and Drainage
1. The applicant must provide dry wells or other
retention facilities on the site so that the rate
of runoff from the property is not increased after
construction. Such plans, including the
percolation chambers, shall be reviewed by the
Consulting Engineer to the Town and the Building
Inspector and their determination shall be
conclusive.
B. Erosion and Sedimentation Control - (During
Construction)
1. Erosion and sedimentation control plans shall be
based upon 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. Trees
Compliance with the Tree Preservation Law of the Town
of Mamaroneck is required before a Building Permit
shall be issued.
Planning Board
2/8/95
Page -5-
D. Required Documents and Inspections
1. The applicant shall provide one Mylar reproducible
set of approved drawings to the Town and one copy
to the office of the Consulting Engineer to the
Town.
2. The applicant shall submit to the Town one Mylar
reproducible and four copies showing the
"as-built" conditions for utility and sewer
connections prior to the granting of a Certificate
of Occupancy for the residence to be constructed.
CONSIDERATION - Amended Site Plan - New Car Dealership - Alfredo Gulla -
2533 Boston Post Road - Block 504 Lot 134.
Mr. Gulla appeared. He stated that minor amendments had been made to the
Site Plan based upon field conditions.
The Board members had trouble interpreting the drawings presented which
were not "as-builts" but a reduced site plan with notations of changes.
Mr. Gulla berated the Board for the delays he has experienced with this
project and made emotional statements which indirectly accused the members
of being prejudiced.
The members and Mr. Silverberg were extremely annoyed that nothing had
been filed with the Building Department as changes in the site were
encountered. Mr. Murray stated that the Board had approved a plan which
had not been built, and Mrs. Reader commented that the architect and
building construction manager should have come to the Board in a timely
way. The members requested as-built drawings and a written, narrative
explanation of the changes.
The matter was adjourned pending receipt of the new material.
LOURIE - (continued)
Mrs. Reader recognized the principals from the Lourie subdivision
application who had returned to the Court Roam. The property with the
house was about to be sold, and the deed was drawn reflecting the frontage
granted for the preliminary subdivision approval. All parties asked that
the final subdivision approval be changed and that approval be given in
accordance with the former plan.
On motion of Mrs. Harrington, seconded by Mr. Murray, by a vote of 5-0,
the Board unanimously voted to rescind the final subdivision approval
granted Gila Lourie earlier in the meeting.
On motion of Mr. Murray, seconded by Mr. Gonye, the following resolution
was unanimously adopted by a vote of 5-0.
WHEREhS, Gila Lourie has submitted an application for Final
Subdivision Approval in proper form and complying with all
Planning Board
2/8/95
Page -6-
requirements of the Town, other municipal agencies, the comments of
the Consulting Engineer to the Town and this Planning Board; and
WHEREAS, this Board held a Public Hearing on the application for
Subdivision Approval on November 9, 1994 and December 14, 1994;
NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is
hereby granted and a variance of Section 89-15 to allow a frontage of
100 feet on the southernmost lot of the two is granted to Gila Laurie
pursuant to her application and subject to all terms and conditions
set forth below:
I. General Requirements
All curbs, suitable monuments, water mains, storm drains,
sanitary sewer facilities and street trees shall all be
installed in accordance with the latest standards and
specifications in force at the time work is started in
accordance with the approval plan, particularly with respect
to the final Subdivision Plan, prepared by Eliot Senor,
Surveyor, dated .2-1-95.
II. Compliance with SEOR
A. Consistent with social, economic, and other essential
considerations of State policy, to the maximum extent
practicable fran the 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 Environmental Assessment Forms and
addendum thereto and all special requirements and
modifications set forth herein.
III. Special Requirements
A. Water Retention and Drainage
1. The applicant must provide dry wells or other
retention facilities on the site so that the rate
of runoff fran the property is not increased after
construction. Such plans, including the
percolation chambers, shall be reviewed by the
Consulting Engineer to the Town and the Building
Inspector and their determination shall be
conclusive.
B. Erosion and Sedimentation Control - (During
Construction)
Planning Board
2/8/95
Page -7-
1. Erosion and sedimentation control plans shall be
based upon 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. Trees
Compliance with the Tree Preservation Law of the Town
of Mamaroneck is required before a Building Permit
shall be issued.
D. Required Documents and Inspections
1. The applicant shall provide one Mylar reproducible
set of approved drawings to the Town and one copy
to the office of the Consulting Engineer to the
Town.
2. The applicant shall submit to the Town one Mylar
reproducible and four copies showing the
"as-built" conditions for utility and sewer
connections prior to the granting of a Certificate
of Occupancy for the residence to be constructed.
REFERRAL FROM TOWN BOARD - Zoning Ordinance Amendment - Cellular Antpnnag
Law
As per law, the Town Board requested input from this Board concerning the
proposed law controlling placement of and standards for cellular phone
antennae. During the preparation of this law, which was done in
connection with a consultant, it was felt that changes in technology were
happening so fast that the law should be written in a way that would
provide the most leeway for future change. Antennae are to be placed in
the Service Industry Zone and the Recreation Zones. (Federal law prohibits
exclusion of such installations.)
The members felt that the legislation was good and that it was obvious
that a great deal of time and study had gone into its preparation. Mr.
Murray commented that the new law answered the concerns previously
expressed by the Planning Board. However, as non-professionals in this
area, members had questions concerning the height requirements and in
understanding the measurement requirements for off-site readings. Members
felt that these items needed to be made clearer by more specific language
in regard to the tree-line measurement and, in the instance of the
off-site measurements, by a more understandable presentation of the
information by including better charts in the law.
Planning Board
2/8/95
Page -8-
On motion of Mr. Murray, seconded by Mr. Negrin, it was the following
resolution was unanimously adopted by a vote of 5-0.
WHEREAS, the Town Board has referred the proposed zoning for
Cellular Antennas Law to the Planning Board pursuant to Section 89-80
of the Zoning Ordinance of the Town of Mamaroneck, and
WAS, this Board is required to make a recommendation to the
Town Board with respect to its referral of the zoning amendment and
map change, it is
RESOLVED, that the Planning Board finds that the proposed
amendment to the Zoning Ordinance for regulation of the placement of
cellular telephone antennas is in harmony with the comprehensive plan
of land use for the Town and would be in furtherance of the purposes
in Section 89-1 of the Town Zoning Ordinance, and it is further
RESOLVED, that the Planning Board requests, however, that the
Town Board consider clarifying the height requirements set forth in
Section 4B of the proposed law and, further, clarify the provision for
measurements off the site contained in Section 4E of the proposed law.
On motion of Mrs. Harrington, seconded by Mr. Gonye, the meeting was
unanimously, by a vote of 5-0, adjourned at 10:10 AM.
Bonnie M. Burdick, Recording Sec'y
MINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF L!AMARONECK
FEBRUARY 8, 1995, IN THE COURT RoCM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMAR( ECK, NEW YORK
Present: Marilyn Reader, Chair
Gabriel Fay
Edward Gonye
Linda Harrington
Alan Murray
Joel Negrin
Absent: Richard Darsky
Also Present: Steven M. Silverberg, Counsel
Gary Trachtman, Consulting Engineer
Lisa Parrilla, Public Stenographer
Kazazes and Associates
250 East 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 8:25 PM.
PUBLIC HEARING - SPECIAL PERMIT - Metropolis Westchester Lanes -
Nature's Warehouse (Health Food Store) 2444 Boston Post
Road - Block 503 Lot 137.
On motion of Mr. Murray, seconded by Mr. Negrin, it was unanimously, by a
vote of 6-0,
RESOLVED, that the Public Hearing be, and hereby is, declared
re-opened.
The Public Stenographer was present for this application and her
transcript will became a permanent part of this record.
Andrew Fredman, architect, appeared with David Robinov, prospective
tenant. He stated that the application had been heard by the Coastal Zone
Management Commission and the Traffic Committee. The CZMC had, by letter
to the Planning Board, declared that the proposed store would not change
the impact on the Critical Environmental Area; and the Traffic Committee
by memo from the Administrator, suggested implementing a modified Option
No. 7 from the traffic study prepared April, 1994 by Ethan C. Eldon
Associates. The modified option suggests ..."revisi
ng signal phasing to
create 1
wing/lagging phase(s), for the eastbound and westbound
traffic." Mr. Fredman stated that the applicant will file with the State
Department of Transportation for traffic changes and pay for
implementation if approved.
Planning Board
2/8/95
Page -2-
Mr. Fredman stated that the applicant will be going before the Board of
Architectural Review to request an increase in the size of its garbage
enclosure. Said change will not effect the number of parking spaces.
On motion of Mr. Murray, seconded by Mrs. Harrington, it was unanimously
by a 6-0 vote
RESOLVED, that the Public Hearing be, and hereby is, declared
closed.
On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously, by a
vote of 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. Negrin, seconded by Mr. Murray, the following resolution
was unanimously adopted, by a vote of 6-0.
iS, Metropolis Westchester Lanes Inc. submitted an application
for a Special Permit use for a retail store operated by David Radinov,
d/b/a Natures Warehouse, located at 2444 Boston Post Road, Larchmont,
New York, and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 503 Lots 137; and
WHEREAS, a Public Hearing having been held on February 8, 1995
pursuant to notice; and
WHYS, the Planning Board having considered the application for a
Special Permit, the plans and zoning report 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.
NOW, 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 fran said use onto
or off of adjoining streets.
2. The operations 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.
Planning Board
2/8/95
Page -3-
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
Metropolis Westchester Lanes Inc. as landlord for a Special Permit for a
retail store on the premises under the name of Nature's Warehouse subject
to the following terms and conditions.
1. All terms and conditions stipulated in the Site Plan approval
granted by this Board on February 10, 1993.
2. The hours of operation of the store shall be 9 AM to 9 PM.
3. Metropolis Westchester, Inc. shall diligently proceed with
application to the New York State Department of Transportation to
implement the leading/lagging option both East and West for the
traffic light at Dillon Road and the Boston Post Road.
4. Metropolis Westchester Inc. shall pay for the installation of the
new traffic mechanise if approved by the DOT.
CONSIDERATION - Final Subdivision - Gila Lourie - 109 Griffen Avenue
Block 305 Lot 903.
Eliot Senor, of Gabriel Senor Engineering, appeared with Mrs. Lowrie. He
stated that the Board had received the latest subdivision map. There was
a change fran 93' frontage on the southern lot to 100' frontage for that
lot. The northern lot, therefore, then had 93' frontage. . Silverberg
stated that such change would be considered minor and would not require a
Public Hearing.
Mr. Senor stated that the proposed bridge to the new lot would show on the
construction plan. Mr. Silverberg agreed that such procedure is usual.
On motion of Mr. Murray, seconded by Mrs. Harrington, the following
resolution was unanimously adopted, by a vote of 5-0.
WHEREAS, Gila Lourie has submitted an application for Final
Subdivision Approval in proper form and complying with all
requirements of the Town, other municipal agencies, the comments of
the Consulting Engineer to the Town and this Planning Board; and
WHEREAS, this Board held a Public Hearing on the application for
Subdivision Approval on November 9, 1994 and December 14, 1994;
NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is
hereby granted and a variance of Section 89-15 to allow a frontage of
93 feet on the northernmost lot of the two is granted to Gila Lourie
pursuant to her application and subject to all terms and conditions
set forth below:
Planning Board
2/8/95
Page -4-
I. General Requirements
All curbs, suitable monuments, water mains, storm drains,
sanitary sewer facilities and street trees shall all be
installed in accordance with the latest standards and
specifications in force at the time work is started in
accordance with the approval plan, particularly with respect
to the final Subdivision Plan, prepared by Eliot Senor,
Surveyor, dated 2-1-95.
II. Compliance with SEAR
A. Consistent with social, economic, and other essential
considerations of State policy, to the maximum extent
practicable from the 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 Environmental Assessment Forms and
Q addendum thereto and all special requirements and
modifications set forth herein.
III. Special Requirements
A. Water Retention and Drainage
1. The applicant must provide dry wells or other
retention facilities on the site so that the rate
of runoff fram the property is not increased after
construction. Such plans, including the
percolation chambers, shall be reviewed by the
Consulting Engineer to the Town and the Building
Inspector and their determination shall be
conclusive.
B. Erosion and Sedimentation Control - (During
Construction)
1. Erosion and sedimentation control plans shall be
based upon 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. Trees
Compliance with the Tree Preservation Law of the Tawn
of Mamaroneck is required before a Building Permit
shall be issued.
Planning Board
2/8/95
Page -5-
O D. Required Documents and ions
Inspect
1. The applicant shall provide one Mylar reproducible
set of approved drawings to the Town and one copy
to the office of the Consulting Engineer to the
Town.
2. The applicant shall submit to the Town one Mylar
reproducible and four copies showing the
"as-built" conditions for utility and sewer
connections prior to the granting of a Certificate
of Occupancy for the residence to be constructed.
3. The plat shall note the requirement for obtaining
a Fresh Water Wetlands and Water Courses Permit
prior to any construction.
CONSIDERATION - Amended Site Plan - New Car Dealership - Alfredo Gulla -
2533 Boston Post Road - Block 504 Lot 134.
Mr. Gulla appeared. He stated that minor amendments had been made to the
Site Plan based upon field conditions.
O
The Board members had trouble interpreting the drawings presented which
were not "as-builts" but a reduced site plan with notations of changes.
Mr. Gulla berated the Board for the delays he has experienced with this
project.
The members and Mr. Silverberg noted that nothing had been filed with the
Building Department as changes in the site were encountered. Mr. Murray
stated that the Board had approved a plan which had not been built, and
Mrs. Reader commented that the architect and building construction manager
should have come to the Board in a timely way. The members requested
as-built drawings and a written, narrative explanation of the changes.
The matter was adjourned pending receipt of the new material.
LOURIE - (continued)
Mrs. Reader recognized the principals from the Lourie subdivision
application who had returned to the Court Roan. The lot with the house
was about to be sold, and the contract was drawn reflecting the frontage
granted for the preliminary subdivision approval which differs fran that
requested in the final approval. All parties asked that the final
subdivision approval be changed and that approval be given in accordance
with the preliminary plat as approved.
ew On motion of Mrs. Harrington, seconded by Mr. Murray, by a vote of 5-0,
the Board unanimously voted to rescind the final subdivision approval
granted Gila Lourie earlier in the meeting.
Planning Board
2/8/95
Page -6-
On motion of Mr. Murray, secondedby Mr. Gonya, the follo
wing resolution
was unanimously adopted by a vote of 6-0.
WEBS, Gila Lourie has submitted an application for Final
Subdivision Approval in proper form and complying with all
requirements of the Town, other municipal agencies, the comments of
the Consulting Engineer to the Town and this Pl
anning Board; and
WHEPEAS, this Board held a Public Hearing on the application for
Subdivision Approval on November 9, 1994 and December 14, 1994;
NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is
hereby granted and a variance of Section 89-15 to allow a frontage of
93 feet on the southernmost lot of the two is granted to Gila Lourie
pursuant to her application and subject to all terms and conditions
set forth below:
I. General Requirements
All curbs, suitable monuments, water mains, storm drains,
sanitary sewer facilities and street trees shall all be
installed in accordance with the latest standards and
specifications in force at the time work is started in
accordance with the approval plan, particularly with respect
opp to the final Subdivision Plan, prepared by Eliot Senor,
Surveyor, dated .2-1-95.
II. Compliance with SEOR
A. Consistent with social, economic, and other essential
considerations of State policy, to the maximum extent
practicable fram the 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 Environmental Assessment Forms and
addendum thereto and all special requirements and
modifications set forth herein.
III. Special Requirements
A. Water Retention and Drainage
1. The applicant must provide dry wells or other
retention facilities on the site so that the rate
of runoff from the property is not increased after
construction. Such plans, including the
percolation chambers, shall be reviewed by the
Consulting Engineer to the Town and the Building
Inspector and their determination shall be
conclusive.
Planning Board
2/8/95
Page -7-
B. Erosion and Sedimentation Control - (During
Construction)
1. Erosion and sedimentation control plans shall be
based upon 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. Trees
compliance with the Tree Preservation Law of the Town
of Mamaroneck is required before a Building Permit
shall be issued.
D. Required Documents and Inspections
1. The applicant shall provide one Mylar reproducible
set of approved drawings to the Town and one copy
to the office of the Consulting Engineer to the
Town.
2. The applicant shall submit to the Town one Mylar
reproducible and four copies showing the
"as-built" conditions for utility and sewer
connections prior to the granting of a Certificate
of Occupancy for the residence to be constructed.
3. The plat shall note the requirement for obtaining
a Fresh Water Wetlands and Water Courses Permit
prior to any construction.
REFERRAL FROM TOWN BOARD - Zoning Ordinance Amendment - Cellular Antennas
Law
Mr. Fay recused himself and left the meeting.
As per Town Zoning Ordinance, the Town Board requested input from this
Board concerning the proposed law controlling placement of and standards
for cellular phone antennae. During the preparation of this law, which
was done in connection with a consultant, it was felt that changes in
technology were happening so fast that the law should be written in a way
that would provide the most leeway for future change. Antennae are to be
placed in the Light Industrial Zone and the Recreation Zones. Federal law
prohibits total exclusion of such installations.
The members felt that the legislation was good and that it was obvious
that a great deal of time and study had gone into its preparation. Imo'.
Murray commented that the new law answered the concerns previously
expressed by the Planning Board. However, as non-professionals in this
area, members had questions concerning the height requirements and in
Planning Board
2/8/95
Page -8-
understanding the measurement requirements for off-site readings. Members
felt that these items needed to be made clearer by more specific language
in regard to the tree-line measurement and, in the instance of the
off-site measurements, by a more understandable presentation.
On motion of Mr. Murray, seconded by Mr. Negrin, the following resolution
was unanimously adopted by a vote of 5-0.
WHEREAS, the Town Board has referred the proposed zoning for
Cellular Antennas Law to the Planning Board pursuant to Section 89-80
of the Zoning Ordinance of the Town of Mamaroneck, and
WHEREAS, this Board is required to make a recommendation to the
Town Board with respect to its referral of the zoning amendment and
map change, it is
RESOLVED, that the Planning Board finds that the proposed
amendment to the Zoning Ordinance for regulation of the placement of
cellular telephone antennas is in harmony with the comprehensive plan
of land use for the Town and would be in furtherance of the purposes
in Section 89-1 of the Town Zoning Ordinance, and it is further
RESOLVED, that the Planning Board requests, however, that the
Town Board consider clarifying the height requirements set forth in
oSection 4B of the proposed law and, further, clarify the provision for
measurements off the site contained in Section 4E of the proposed law.
On motion of Mrs. Harrington, seconded by Mr. Gonye, the meeting was
unanimously, by a vote of 5-0, adjourned at 10:10 PM.
Bonnie M. Burdick, Recording Sec'y
O