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HomeMy WebLinkAbout1990_01_10 Planning Board Minutes C MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JANUARY 10, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry R. Donatelli Steven R. Goldstein Norma Jacobson Patricia Latona Absent: Alan P. Murray James J. Romeo Also Present: Stephen V. Altieri, Town Administrator Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Lisa Parrilla, Public Stenographer Carbone, Kazazes & Associates 225 Mt. Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:18 PM. ADJOURNED PUBLIC HEARING - SUBDIVISION APPROVAL George & Edith Realty, Corp. 2434 Boston Post Road Block 503 Parcel 326 Michael Poles, attorney, and Michael Gismondi, architect, appeared on behalf of the applicant. On motion of Mr. Goldstein, seconded by Mr. Bell, 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 motion by Mr. Goldstein, seconded by Mrs. Latona, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. 0 Mr. Gismondi stated that the Zoning Board of Appeals, to which this application had been referred by the Planning Board as the basic decision involved side yard variances, had granted George & Edith a variance January 10, 1990 -2- on September 27, 1989. He stated that the utility connections for the C sanitary sewer, storm sewer and water had been found on Harrison Drive and Sherwood Drive and that they were shown on the revised plans. The Zoning Board had approved the concept of a buffer zone between the residential and commercial areas being placed on the residential lot. A condition of the variance is that an easement will be deeded to the commercial property so that the business can maintain the buffer zone, if necessary. The commercial property is a car wash. Mr. Gismondi stated that the footprint on his plans would permit a house of 2,000 usable square feet. Paul Donohue, 67 Sherwood Drive, asked to see Mr. Gismondi's plans. Members of the public reviewed the plans and engaged in discussion with the architect. Mr. Gismondi stated that he had familiarized the residents with the connections for the storm and sanitary sewers. There is a "stub" within the manhole for connection of the sanitary sewer. Mr. Gismondi stated that he indicated where the buffer zone and the landscaped triangles were to be installed and the relationship of the residential property to the car wash. He stated that he had told the residents that there was no lettering visible from the rear of the car wash and that the lighting to be installed there will be underlit. Mr. Trachtman stated that since storm and sanitary sewer connection construction would not be complex, a street-opening bond would suffice. He cautioned that there was a discrepancy concerning the planting triangles at the car wash and that the larger-sized triangles should be (, required. On motion of Mrs. Latona, seconded by Mrs. Jacobson it was unanimously RESOLVED, that Counsel to the Planning Board shall prepare resolutions for the George and Edith Realty subdivision application. On motion of Mrs. Latona, seconded by Mrs. Jacobson, the following resolutions were unanimously adopted: WHEREAS, George and Edith Realty, Inc. , have submitted an application for final subdivision approval for a parcel of land on Boston Post Road, Town of Mamaroneck, New York, and WHEREAS, the Planning Board has conducted and completed proceedings pursuant to SEQRA, and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, all correspondence from Town Officials, the minutes and decision of the Zoning Board of Appeals of the Town of Mamaroneck, the Consulting Engineer to C . January 10, 1990 -3- the Town and interested residents, and a Public Hearing having been held, and WHEREAS, it appears that the major controversial issues involve the placement of a buffer zone between commercial and residential property and proper control of flooding and drainage, NOW, THEREFORE, BE IT RESOLVED that final subdivision approval is hereby granted to George and Edith Realty, Inc. , subject to all terms and conditions set forth below: 1. General Requirements All easements and other deed restrictions which are imposed as conditions of this final subdivision approval must be approved as to form and content by Counsel to the Town prior to the signing of the final subdivision plat by the Chairman of the Town of Mamaroneck Planning Board. 2. Compliance with SEQRA. 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 ie** effects disclosed in the relevant Environmental Impact Statement; 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. 3. Special Requirements A. Water retention and drainage Prior to issuance of a Building Permit, plans shall be submitted showing the size of all proposed house sewers and storm drains along with details of proposed connections to existing Town facilities and associated pavement replacement. B. Rock removal All removal of rock, if required, shall be accomplished using mechanical methods only. January 10, 1990 -4- C. Building envelope and specific drainage requirements Prior to any construction, specific on-site soil *me investigations shall be conducted on .the residential lot. The findings shall be discussed with the Consulting Engineer with a view toward designing proper mitigating measures to control the ground water (footing drains for foundations) . Recommendations of the Consulting Engineer shall be determinative. D. Erosion and sedimentation control - during construction Erosion and sedimentation control plans should be based upon the standard presented in the Westchester County Best Management Practices manual for construction-related activities. Prior to issuance of a Building Permit, the applicant shall submit a sediment and erosion control plan and a landscaping plan. 4. Compliance with Zoning Board of Appeals Variance. The final plat shall show a ten foot-(10' ) wide buffer zone along the property line with the car wash. There shall be a recorded document requiring maintenance of this buffer zone and easement to the car wash property. The deed for the residential property shall set forth such easement agreement in full and shall also make reference to the recording data for the easement and maintenance agreement. 5. Setbacks All setbacks shall be measured from the edge of the buffer area and not from the property line. 6. Trees Trees on the site are to be retained in conformance with the Tree Ordinance of the Town of Mamaroneck. 7. The applicant shall supply one (1) Mylar reproducible and four (4) prints of as/built plans for the residential lot prior to the issuance of a Certificate of Occupancy on the residential lot. ADJOURNED PUBLIC HEARINGS - SITE PLAN AND SPECIAL PERMIT APPROVAL High Tech of Mamaroneck, Inc. 2434 Boston Post Road Block 503 Parcel 326 January 10, 1990 -5- Donald S. Mazin, attorney, and Michael Gismondi, architect, appeared on behalf of the application along with two of the four r^ owners, Steven Bernard and Schlomo Avitan. 1,41ur On motion by Mrs. Jacobson, seconded by Mr. Donatelli, 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 motion by Mr. Donatelli, seconded by Mr. Goldstein, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. Gismondi stated that the Zoning Board had granted a variance at its meeting on September 27, 1989 which permitted the removal of the gas tanks at the site, governed the size and style of signs, awnings and canopies, established the buffer zone and concomitant easement on the adjoining residential site, mandated the triangular planting sites at the car wash and directed the placement of lighting. Mr. Gismondi stated that he would meet with Mr. Wexler, member of the Zoning Board, concerning the placement of High Tech's logo on the signage as the plans had not been ready for the Zoning Board meeting. Residents of Sherwood Drive were in the audience and had a number of complains concerning the operation of the business s,ince its new owners have taken over. Residential neighbors of the car wash who addressed the Board were: Paul Donohue, 67 Sherwood Drive; Sandra Herriott, 70 Sherwood Drive; and Kathy Martin, 63 Sherwood Drive. The residents expressed annoyance that, in their opinion, a breach of promise had occurred. At the beginning of the approval process, the neighbors averred, Mr. Bernard had promised to make the car wash a good, quiet neighbor. There were complaints about loud communication devices, banging within the car wash on Christmas night, employees urinating outside and beyond the car wash property and lack of screening from the windows of the house across the paper street. In response to the last complaint, it was established that Mr. Donohue, the owner of the house in question, had moved in with the previously-owned car wash in operation. Mr. Bernard stated that he could not understand why his employees were not using the bathroom provided and that he would be sure that the managers rectified the situation. He also stated that the use of hailers, walkie-talkies and the like had been discontinued the day after his first appearance before the Planning Board. Mr.Avitan stated that repairs to the vacuum system were being made Christmas night. January 10, 1990 -6- Mr. Donohue also was concerned about signs on the canopy facing his house. Mr. Mazin stated that there would be no signs on that canopy. He also stated that his client had planted 10 to 11-feet-high evergreens to immediately screen the buffer zone. Some members of the Board had concerns about room for cars should a wall with trees planted above it be constructed as Mr. Donohue requested. Mrs. Latona raised questions about environmental problems that she and Mr. Romeo had found on a visit to the car wash. They had discovered: 1) a "weephole" which emitted a soapy fluid; 2) a washing machine with outflow going directly into the ground; and 3) an insufficiently coated machine in the filter chamber. On motion of Mrs. Latona, seconded by Mrs. Jacobson, the Board voted unanimously to direct Counsel to prepare Resolutions in this matter. On motion of Mrs. Latona, seconded by Mrs. Jacobson, the following Resolutions for the Special Permit application were unanimously adopted: WHEREAS, High Tech Car Wash has submitted an application for a Special Permit for use of premises at 2434 Boston Post Road as a car wash; and 'vow WHEREAS, the Planning Board has conducted and completed proceedings pursuant to SEQRA; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, Town Officials, the Consulting Engineer to the Town and has reviewed the actions of the Zoning Board of Appeals with respect to this application, and a Public Hearing having been held; NOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate a car wash facility is granted to High Tech Car Wash for premises located at 2434 Boston Post Road, subject to the terms and conditions set forth below: A. Findings Subject to the conditions set forth in this Resolution, the Planning Board finds: 1) That the proposed use is in general harmony with the surrounding area and does not adversely impact on adjacent properties due to the traffic generated by the said use, or the access of traffic from said use onto and off of adjoining streets. ,_, 2) The operations in connection with the Special Permit sftly use will not be more objectionable to nearby properties by January 10, 1990 -7- reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any permitted use not requiring a Special Permit. 3) That the proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area, and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. B. Special Conditions 1) Existing gas pumps shall be removed. Existing gasoline tanks shall be removed in accordance with NYS DEC recommended practices for underground storage of petroleum (Chapter 6 - Tank Closure and Abandonment). Stockpiled, evacuated material resulting from tank removal shall be protected with tarpaulins or hay bales around the perimeter of stockpiles. The applicant shall advise the Town Building Department in writing, upon digging up the tanks, whether or not any petroleum product leakage exists. The applicant shall also advise the Town and obtain the necessary permits for digging up the tanks. If any leakage is observed, the applicant shall immediately undertake cleanup operations in accordance with all practicable regulations. The removal of the gas pumps and gasoline storage tanks must be completed within six (6) months of the date the Special Permit Resolutions is signed by the Chairman of the Planning Board. 2) The triangular planting areas in the rear of the premises (adjoining the residential site to the west) shall be ten feet (10' ) by fifteen feet (15' ) 3) Hours of operation shall be from 7 AM to 8PM Monday through Saturday and 8AM to 6 PM on Sunday. 4) There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 5) All lights, except for security lighting, shall be turned off at the close of business. 6) All lights for the driveway shall be directed toward the building. The final plans submitted prior to issuance of any Building Permit shall show traffic lanes on the property for ingress and egress. 7) Prior to the issuance of a Building Permit or a Certificate of Occupancy, an easement agreement shall be procured from George and Edith Realty Inc. relating to the maintenance of the buffer strip which is located on 'wowthe residential property to the west of this commercial January 10, 1990 -8- site. Such easement and maintenance agreement shall be subject to approval of Counsel to the Board as to form and content and shall be recorded. limor 8) This Special Permit approval is subject to additional conditions imposed by the Zoning Board of Appeals including limitation of canopy height to twenty feet (20') , limitation on size of pole sign on front of the premises, on the"menu" sign at the rear of the property and a requirement that the exposed source of illumination for the front canopy shall be directed to the ground only and be recessed behind the side and front of the canopy. 9) This Special Permit is subject to the termination requirements set forth in 89-53 of the Zoning Code of the Town of Mamaroneck. The discussion then focused on the Site Plan application. When it centered on the possibility of an oil separator, Mr. Bernard complained that it would cost at least $26,000 - a significant hardship - and that he knew of no other car wash in New York State which had an oil separator. It was determined that a catch basin was at the front entrance to the car wash and that rain water tended to flow back down the driveway. Mr. Trachtman stated that the separator was not essential. On motion of Mr. Donatelli, seconded by Mr. Goldstein, the Board unanimously directed Counsel to prepare Resolutions on this matter. On motion of Mrs. Latona, seconded by Mrs. Jacobson, the following Resolutions were unanimously adopted: WHEREAS, High Tech Car Wash has submitted an application for Site Plan approval for premises at 2434 Boston Post Road; and WHEREAS, the Planning Board has previously conducted and completed proceedings pursuant to SEQRA; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, all correspondence from Town Officials and the Consulting Engineer to the Town, has reviewed the action of the Zoning Board of Appeals herein and a Public Hearing having been held on January 10, 1990; NOW, THEREFORE, BE IT RESOLVED that the Site Plan approval is hereby granted on the application of High Tech Car Wash, subject to the terms and conditions set forth herein: 1) All site work shall be in accordance with Drawings Al, A2 and A3 submitted by M.A. Gismondi, Architect, final revisions dated 11/1/89. ,.•., 2) The Site Plan approval is subject to terms and conditions imposed by the Zoning Board of Appeals in considering the applications for variances on this site. January 10, 1990 -9- 3) The menu sign, a maximum of seventy-five (75) square feet, shall be placed under the rear canopy within fifteen (15) feet of the building. 4) All the pole signs in front of the building shall not be larger than the current size of 4 x 8. 5) The final plan submitted shall indicate traffic flow onto, on and off the site. 6) All lights shall be internally directed. 7) The engineer for the Town and the applicant's engineer shall jointly investigate possible leakage from the site to a "weephole" on Van Gilder Street and shall eliminate any leakage from operations inside the building through the weephole. 8) The applicant's engineer and the engineer for the Town shall review the drainage situation in the room on the premises with a washing machine and insure that the drainage system complies with all applicable codes. 9) The applicant shall insure that manufacturers specifications are met on all equipment, including filtering equipment on the premises. (:: 10) This Site Plan approval is also subject to the terms and conditions of the Special Permit approval granted simultaneously herewith, including but not limited to the conditions for the removal of the gas tanks and gas pumps on the premises. 11) The applicant shall provide one (1) Mylar reproducible and four (4) sets of drawings showing the "as-built" conditions 12) A licensed engineer shall certify to the Town that the facilities were installed in accordance with approved plans. PUBLIC HEARING - SPECIAL PERMIT APPROVAL Rulvan Food Corporation/Therne Realty Corp. 1240 Boston Post Road Block 408 Parces 110 & 154 On motion by Mr. Donatelli, seconded by Mrs. Latona, 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 permanent part of this record. January 10, 1990 -10- On motion by Mr. Donatelli, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Warren Agatston, attorney, appeared on behalf of the application with the owner, Donald Zappavigna. Mr. Zappavigna had bought the Unicorn Diner, remodeled it for $450,000 and planned to open it as the Post Way Diner. Mr. Zappavigna owns two diners in New Rochelle and one in the Bronx. The diner has been modernized with a new kitchen, new plumbing, new heating, new interior decoration, new fire system and a new glass roof. There is handicapped access and parking spaces for 80 - 90 cars. There was no one in the audience concerning this matter. On motion of Mr. Bell, seconded by Mr. Goldstein, 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. Noe On motion of Mr. Goldstein, seconded by Mrs. Latona, the following resolutions were unanimously adopted: WHEREAS, Rulvan Food Corporation/Therne Realty Inc. has submitted an application for a Special Permit for use of premises at 1240 Boston Post Road as a diner; and WHEREAS, the Planning Board determined that it was the Lead Agency for this action and determined that it was a Type II Action under applicable SEQRA regulations; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, Town Officials, the Consulting Engineer to the Town, and a Public Hearing having been held; NOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate a diner is granted to Rulvan Food Corporation/Therne Realty Inc. for premises located at 1240 West Boston Post Road, subject to the terms and conditions set forth below: A. Findings Subject to the conditions set forth in this Resolution, the Planning Board finds: 1) That the proposed use is in general harmony with the surrounding area and does not adversely impact on January 10, 1990 -11- adjacent properties due to the traffic generated by the said use, or the access of traffic from said use onto and off of adjoining streets. 2) The operations in connection with the Special Permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any permitted use not requiring a Special Permit. 3) That the proposed Special Permit use will be in harmony with the general health, safety and welfare of the surrounding area, and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. B. Special Conditions 1) The Diner/Restaurant shall be permitted to operate 24 hours a day, seven days per week. 2) Traffic ingress and egress and traffic patterns on the site shall be shown on the plans. 3) This Special Permit is subject to termination requirements in Section 89-53 of the Zoning Code of the Town of Mamaroneck. (:: 4) Any exterior lighting shall be directed toward the building. 5) The applicant shall provide bathroom facilities for the handicapped in accordance with applicable regulations 6) The applicant shall provide a compactor for waste at the rear of the building on the site at the location of the waste bin. APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Mr. and Mrs. W. Krapin 775 Forest Avenue Block 210, Parcel 25 Paul Meyers, attorney, appeared with Mrs. Krapin. He stated that when the Krapins bought their house in 1987 a deck was in place. Said deck had been built in 1953 and rebuilt to the same size in 1986. The Krapins had rebuilt and expanded it in 1988 hiring an unreliable builder. He had not obtained the necessary permits and had done an inferior job. The Krapins are now bringing suit against the contractor and are trying to get their permits in order. January 10, 1990 -12- Mr. Trachtman stated that despite the fact that the deck appeared to be out of the 100-year flood plain he needed topographic '`.r information from a survey to make a determination. Mr. Donatelli suggested that the Krapins ask their neighbors who had recently been before this Board whether they had the information needed. On motion of Mrs. Latona, seconded by Mr. Goldstein, 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 Mr. Donatelli, seconded by Mrs. Jacobson, the following Resolutions were unanimously approved. WHEREAS, Mr. and Mrs. W. Krapin have applied for a permit pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II 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; NOW, THEREFOR, 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 January 10, 1990 -13- 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; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law 07 of 1986 be, and hereby is, dispensed with; and BE IT FURTHER RESOLVED, that the application of Mr. and Mrs.W. Krapin for a permit, pursuant to Local Law 07 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. This permit is personal to the applicants and may not be transferred to any other individual, entity, or a combination thereof; 2. The applicants shall provide elevations for the finished floor of the renovated deck and the ground elevations beneath the deck. If an inspection by the Building Department determines that siltation or other adverse impact on the controlled area has occurred, the applicants shall take immediate e""` corrective action in accordance with the Building `` Department's requirements. 3. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. APPROVAL OF MINUTES On motion of Mrs. Jacobson, seconded by Mr. Goldstein, the minutes for the meetings of September 13, 1989, October 11, 1989 and December 13, 1989 were approved. REVIEW OF PROPOSED CLUSTER GUIDELINES Mr. Hoffman had revised the Cluster guidelines. After discussion concerning how to treat the unbuildable areas in the land available for development, it was decided to add a sentence that the Planning Board may take into account the unbuildable area. Said guidelines are attached to these minutes as Exhibit "A". On motion of Mr. Bell, seconded by Mr. Donatelli, the Planning Board voted unanimously to promulgate the Cluster guidelines with the addition of the sentence concerning unbuildable areas and to send said guidelines to the Town Board. January 10, 1990 -14- ADJOURNMENT On motion of Mr. Donatelli, seconded by Mrs. Jacobson, the meeting was adjourned at 11:37 PM. Jea2.4ez Bonnie M. Burdick SUBDIVISION REGULATIONS Standards for Cluster Development Pursuant to Town Law §281 A. AUTHORITY The basis for cluster development in New York State is §281 of the Town Law which empowers a Town Board to authorize the Planning, Board to modify provisions of the zoning laws, including lot size, when it finds such modifications "would benefit the Town", when considering a subdivision application. The Planning Board may exercise its discretion when considering requests for permission to utilize the provisions of §281. It may also require submission of an application for "cluster development" , when authorized to do so by the Tot:n Board, upon adoption of "rules and regulations setting forth the criteria pursuant to which such an application may be required". In June of 1989, the Town Board adopted a resolution authorizing the Planning Board to require submission of applications for cluster development and authorized and directed it to adopt the necessary rules and regulations. B. OBJECTIVES The general objectives of cluster development of proposed subdivision plats are set forth in §281 which states. "Ihe purposes of such authorization shall be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands. " More specific objectives that may be achieved through cluster development are included in the Town's adopted Local Waterfront Revitalization Program, including but not limited to Policies 7. Significant coastal fish and wildlife habitats, as identified on the coastal area map, shall be protected. preserved, and, where practical. restored so as to maintain their viability as habitats. 7A. The following locally important habitats: (1) The Premium Salt Marsh Complex; (2) The Hommocks Salt Marsh Complex; and (3) The Larchmont Reservoir-Sheldrake-Leatherstocking Freshwater Wetland Complex shall be protected, preserved, and, where practicable. restored, so as to maintain their viability as habitats. 11. Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion. EXHIBIT "A" Cluster Standards -2- 12. Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protectinc natural protective features including beaches, dunes, barrier islands and bluffs. Primary dunes will be protected from all encroachments that could impair their natural protective capacity. 14. Activities and development , including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations. 23. Protect and restore structures. districts, areas or sites that are of significance in the history, architecture, archeology or culture of the state, its communities or the nation. 25. Protect, restore and enhance natural and manmade resources which are not identified as being of statewide significance, but which contribute to the scenic quality of the coastal area. 44. Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. C. GENERAL STANDARDS AND CRITERIA FOR CLUSTER DEVELOPMENT In acting on a proposed subdivision plan, the Planning Board shall give particular consideration to the following criteria: 1. Number of Lots The maximum permitted number of lots or dwelling units within a subdivision under these provisions shall not exceed the number that would be achieved if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the district in which the land is situated and all other applicable requirements. —The Planning Board may require the applicant to submit a subdivision plat meeting all applicable provisions of the zoning and subdivision regulations that demonstrates the number of lots that could be achieved under the basic prevailing zoning. 2. Average Lot Area Lots may be reduced in area below the minimum lot size required in a district. In addition, frontage and setbacks may also be reduced below the minimum required in a district. Cluster Standards -3- 3. Open Space a. The Planning Board shall consider whether open space created by the use of a cluster design shall be dedicated to public use or retained in private ownership. b. If open space is not dedicated to public use, it shall be protected by legal arrangements, satisfactory to the Town Attorney, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the open space; methods of maintenance; responsibility for maintenance, taxes and insurance: compulsory assessment provisions; guarantees that any association formed to own and maintain open space will not be dissolved without the consent of the Planning Board; and any other specifications deemed necessary by the Planning Board to ensure that such open space will remain undeveloped in perpetuity. 4. Other Criteria a. The proposed subdivision shall not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. b. Individual lots, buildings, and streets shall be designed and situated to minimize alteration of natural site features. c. Irreplaceable natural features located in the tract (such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, and rock outcroppings) shall be preserved to the maximum extent feasible. d. The proposed subdivision shall be served adequately by essential public facilities and services such as hiThways, streets, police and fire protection, drainage structures, water and sewer systems. D. CRITERIA WHEN CLUSTERING MAY BE REQUIRED The Planning Board may require that a subdivision plat be modified in accordance with these provisions when it finds that one or more of the following conditions exist: 1. A lot layout that is better suited to the particular topography and physical features of the site can be achieved. 2. The site contains a designated wetland. Cluster Standards -4- 3. Any portion of the site is within the 100-year flood haz.ird area. 4. The site is within or adjacent to a Critical Environmental Area designated by the Town Board pursuant to §617.4 of the 6 NYCRR Part 617, the regulations implementing the State Environmental Quality Review (SEQR) Act. 5. The site contains one or more stands of trees with a diameter of eight inches or more (measured four feet above grade) , rock outcrops or stone walls that will be removed or destroyed under a conventional subdivision. 6. The site contains a unique or unusual physical or scenic feature which the Planning Board determines can best be preserved by use of the provisions of this section.