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HomeMy WebLinkAbout1992_01_15 Planning Board Minutes (2) MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JANUARY 15, 1992, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford Bell, Chairman Jerry Donatelli Edward Gonye Norma Jacobson RECEIVED Patricia Latona APR Alan Murray 2 1992 PATRICIA A.DiC10CCI0 Absent: David Freeman ATAMARONECK N.Y. Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Lisa Parrella, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:24 PM. He introduced the newly appointed member of the Board, Edward M. Gonye, who is an architect/engineer who is involved with new construction. Mr. Bell also introduced this Board's new counsel, Steven M. Silverberg. Mr. Silverberg, the Town's attorney, is also counsel to the Town Board at its meetings, and his firm has been appointed as counsel to the Zoning Board. Mr. Bell stated that Mr. Silverberg has had a great deal of municipal experience. PUBLIC HEARING - APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Mr. & Mrs. Barry Dichter 32 Bonnie Way Block 104 Parcels 40 & 700 This hearing was improperly noticed and will be rescheduled for the February meeting. Mrs. Dichter appeared to seek questions that members might have concerning her application. Mr. Trachtman stated that a test excavation was made at the rear of the house and that Mr. Jakubowski, the Building Inspector, had found nothing to be concerned about. Mr. Trachtman stated that the applicant would be required to take mitigating steps at the time of construction in line with his recommendations. January 15, 1992 -2- ADJOURNED PUBLIC HEARING - SUBDIVISION APPROVAL Mr. and Mrs. Paul McCarthy 26 Bonnie Way Block 104 Lot 52 On motion of Mr. Donatelli, seconded by Mrs. Jacobson, 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 of Mrs. Jacobson seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. McCarthy appeared on behalf of the application. Donald S. Mazin, attorney, appeared for several of the neighbors of the property accompanied by Frederick Kellogg, P.E. Mark Ladner, 2 Bonnie Way, also appeared. Mr. Trachtman stated that Mr. McCarthy had submitted revised plans showing the location of the dry wells in the front yard and providing for the installation of a pipe running diagonally across the front of the re-subdivided lot and beneath its driveway. Mr. McCarthy had also submitted a letter of intent to grant the Town an easement to provide access to the proposed pipe. Mr. Trachtman also stated that Mr. McCarthy's engineer had indicated that fill-material would be brought in to achieve the given, soil-percolation rate. On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type I Action having a significant impact on the environment, as determined by New York State Department of Environmental Conservation or corresponding local law; and it is FURTHER RESOLVED, that this Board makes a Negative Declaration under SEQR and finds that the proposed action, with mandated mitigating measures for drainage, will have no significant impact on the environment. January 15, 1992 -3- On motion of Mrs. Latona, seconded by Mr. Murray, the following resolutions were unanimously adopted. WHEREAS, Paul and Catherine McCarthy, by Vito Sinopoli, P.E. , have 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 Final Subdivision Approval on August 14, 1991, September 10, 1991, October 9, 1991, November 13, 1991, December 11, 1991 and January 15, 1992; NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is hereby granted to Paul and Catherine McCarthy pursuant to their 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 Approval Plan, prepared by Vito Sinopoli, P.E. , dated March 30, 1990, last revised December 12, 1991. II. Compliance with SEQR 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. January 15, 1992 -4- 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 2. There shall be a pipe, culvert or opening underneath any driveway for runoff from the front of the property to the rear of the property. Such plans shall be reviewed by the Consulting Engineer to the Town and by the Building Inspector,and their determination concerning the extent of the size, slope and location shall be conclusive. 3. An easement to the Town of not less than 10 feet subject to the approval of the Consulting Engineering to the Town and of the Building Inspector shall be incorporated into the new lot to accommodate a facility for drainage from Bonnie Way. 4. The filing of the signed, final subdivision plat shall not be made until the easement, prepared subject to the approval of the Counsel to the Town, has been filed with the Westchester County Clerk. B. Erosion and Sedimentation Control - (During Construction) 1. Erosion and sedimentation control plans should be based upon the standards presented in the "Westchester County Best Management Practices" manual for construction-related activities and the New York State Department of Environmental Conservation standards (1990). 2. Erosion and sedimentation control plans shall be approved by the Consulting Engineer prior to commencement of construction. A control plan shall be submitted which shall include a construction timetable and an inspection schedule. January 15, 1992 -5- 3. Erosion control measures must be installed on the building lot prior to excavation of foundations. C. Blasting All rock removal required in conjunction with the construction of a residence on the easterly lot shall be by mechanical means only. Blasting shall not be permitted on such site. D. Trees Compliance with the Tree Preservation Law of the Town of Mamaroneck is required before a Building Permit shall be issued. E. House Elevation No Building Permit shall be issued for a new house on the subdivided property with a first floor elevation higher than the one shown on the plan filed with this application. F. 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. ADJOURNED PUBLIC HEARING - AMENDMENT TO SUBDIVISION APPROVAL William Cord 385 Weaver Street Block 112 Lot 390 Mrs. Cord appeared on behalf of the application. On motion of Mr. Donatelli, seconded by Mrs. Latona, 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. January 15, 1992 -6- On motion of Mr. Murray seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. Bell stated that this application involved a formerly approved subdivision which had been approved with a retaining wall and curb. The house on the improved lot had been sold to Mr. and Mrs. Andrew Friedman, 385 Weaver Street, who have stated that they want all of the requirements followed as required in the Subdivision Approval that they will not allow anyone on the property to do such construction, and that they would oppose any building on the unimproved, separate lot. Mr. Trachtman stated that the Building Inspector had inspected the site and determined that neither a curb nor a retaining wall is necessary. On motion of Mrs. Latona, seconded by Mr. Murray, the following resolutions were unanimously adopted. WHEREAS, this Planning Board of the Town of Mamaroneck has previously granted final subdivision approval to William Cord by resolution adopted September 13, 1989; and WHEREAS, William Cord has applied for an amendment to said subdivision approval to eliminate the requirement to construct a curb and retaining wall as shown on the filed plan for the subdivision; and WHEREAS, the applicant has submitted an application for an amendment of final subdivision approval in proper form and has complied with all other 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 a final subdivision approval on December 11, 1991 and January 15, 1992; and WHEREAS, the Board determined that no further action under SEQRA was necessary because the proposed change was minimal and came within the purview of the prior SEQRA determination; NOW, THEREFORE, BE IT RESOLVED, that the final subdivision approval previously granted to William Cord be and hereby is amended; and it is further RESOLVED that the Planning Board dispenses with the requirement to construct a curb and retaining wall as shown on the filed plan for the subdivision; and it is further RESOLVED, that the applicant shall provide one mylar reproducible and four copies showing the "as built" conditions for the lots to the Building Department. January 15, 1992 -7- PUBLIC HEARING - APPLICATION FOR SITE PLAN APPROVAL - Ten Grand, Inc. 1330 Boston Post Road Block 410 Lot 463 On motion of Mr. Donatelli, 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 of Mr. Donatelli, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Appearing on behalf of the application were Donald S. Mazin, attorney; Richard Rheaume, Engineer; and Fred Coleman, architect. Mr. Mazin stated that the Zoning Board had granted variances for lot coverage, number of parking spaces and signs. The Board of Architectural Review had approved the signs and the landscaping plan. He demonstrated a rendering of the shopping center and its parking lot and stated that a buffer zone will be planted on the residential lot. Mr. Rheaume stated that the applicant would install silt traps in the parking lot Mr. Trachtman stated that he needed more time to study the plans for the utilities and grading in the parking lot. Mr. Rheaume stated that he certified that no changes had been made during the process of approval, and it was realized that this Board could approve the site plan subject to Mr. Trachtman's final approval. On motion of Mrs. Jacobson, seconded by Mr. Donatelli, the following resolutions were unanimously approved. WHEREAS, Ten Grand, Inc. has submitted an application for Site Plan Approval for an addition to the Finast store in the Ferndale Shopping Center at 1330 Boston Post Road (Block 410 Lot 463); and WHEREAS, the Planning Board has been designated Lead Agency and has conducted and completed proceedings pursuant to SEQR; and WHEREAS, the Zoning Board has previously granted all necessary variances and the Board of Architectural Review has given its approval; 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, and the Coastal Zone Management Commission and members of the public, and a Public Hearing having been held pursuant to notice on January 15, 1992; January 15, 1992 -8- NOW, THEREFORE, BE IT RESOLVED, that site plan approval is hereby granted to Ten Grand, Inc. , pursuant to its application and subject to all terms and conditions set forth below: I. General Requirements All site work, traffic controls, landscaping, storm water drainage and treatment systems shall be in accordance with and subject to certain revision dates of the plans submitted, as follows: A. Drawing C-1, "Site Layout Plan," by SAIC Engineering Inc. , dated 6/10/91, last revised 12/18/91. B. Drawing C-2, "Grading & Utility Plan," by SAIC Engineering, Inc. , dated 6/10/91, last revised 12/18/91. C. Drawing C-3, "Landscaping and Lighting Plan," by SAIC Engineering, Inc. , dated 6/10/91, last revised 12/18/91. D. Drawing C-4, "Details," by SAIC Engineering, Inc. , dated 7/31/90. E. Drawing E-1, "East Elevation," by Bianco & Pepe, dated 8/21/91. F. "Weaver Street Elevation," by First National Supermarkets, Inc. , dated 8/5/91. II. Compliance with SEQR A. Consistent with social, economic, and other essential considerations of State policy, to the minimum extent practicable from reasonable alternative 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 proposed storm water runoff drainage system shall be approved by the Consulting Engineer to January 15, 1992 -9- the Town prior to issuance of a Building Permit. The drainage system shall be inspected and maintained as set forth in the plans submitted by the applicant. B. Erosion and Sedimentation Control - (During Construction) 1. Erosion and sedimentation control plans shall be based upon the standards presented in the "Westchester County Best Management Practices" manual for construction-related activities and the standards set forth in the "New York Stated Department of Environmental Conversation Erosion and Sediment Control Guidelines for New Development", dated 1991. 2. The control plan shall include a construction timetable and an inspection timetable. C. Utility Connections Utility connections shall be reviewed by the Consulting Engineer and the Building Department prior to the issuance of a Building Permit. D. Performance Bond/Letter of Credit The applicant shall furnish to the Town a performance bond or letter of credit in an amount not to exceed $100,000. The final amount shall be determined by the Consulting Engineer to the Town. The performance bond or letter of credit must be approved as to form and content by the Counsel to the Town. E. Required Documents and Inspections 1. The applicant shall provide one set of approved drawings to the Office of the Consulting Engineer to the Town and one Mylar reproducible set of approved drawings to the Town. 2. The applicant shall submit to the Town one Mylar reproducible and four copies showing the "as-built" conditions for utility connections prior to the granting of a Certificate of Occupancy for any residence. 3. All conditions of this site plan approval shall be recorded as notes on the filed drawings and map to be filed with the County Clerk's Office. January 15, 1992 -10- CONSIDERATION OF SPECIAL PERMIT APPLICATION - Shu Zian Xu, Sunrise Kitchen 176 Myrtle Blvd Block 133 Lot 642 No one appeared for the above-captioned matter. A Special Permit is necessary due to a change of ownership of the restaurant. CONSIDERATION OF SPECIAL PERMIT APPLICATION - Nautilus Diner of Mamaroneck, Inc. 1240 Boston Post Road Block 408 Lots 110 & 154 Kostos Efstathiou appeared with his sons. He stated that he owned another diner in Massapequa, New York, and was in the process of buying the Postway Diner. On motion of Mr. Donatelli, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mrs. Latona, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that this Board hereby sets Thursday, February 13, 1992 at 8: 15 PM as the date and time for a Public Hearing on the application of Nautilus Diner of Mamaroneck, Inc. ; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. CONSIDERATION OF SITE PLAN APPLICATION - Total Fitness Center 15 Madison Avenue Block 132 Lot 469 Michael Tasso, prospective proprietor; James Fleming, architect; Edward Ferrarone, landlord; and Gene Magnetti, Builder appeared. Mr. Fleming stated that the site plan is virtually the same as the one for the property which this Board approved approximately 6 years ago. At that time a variance for parking was granted by the Zoning Board. The fitness center's proposed sign and landscaping was approved by the Board of Architectural Review. The center is considered an amusement area without seats, and, thus, the requirements for parking is the same as for an office building. Mr. Fleming represented that Mr. Jakubowski, the Building Inspector, had stated that the spaces available after re-striping the lot, 52, are more than the 48 spaces which were previously allowed. January 15, 1992 -11- Mr. Tasso stated that the times his proposed facility will be used often would differ from those of the other tenants, and Mr. Ferrarone gave a count of the use of the lot during the day of the meeting. Mr. Tasso stated that classes during the day would be staggered. Therefore, the lot could empty before a new group of students arrived. Mr. Bell requested a memo from the Building Inspector concerning the parking requirements. Based on the assumption that Mr. Fleming's representation of Mr. Jakubowski's determination on parking was true, Mr. Silverberg advised the Board that it could follow its usual procedures as it was not apparent that variances or a Special Permit was necessary. He also suggested that more photographs of the site would be helpful as would more logs of parking patterns. On motion of Mrs. Latona, seconded by Mrs. Jacobson, 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. Therefore, on motion of Mr. Donatelli, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that this Board hereby sets Thursday, February 13 1992 at 8: 15 PM as the date and time for a Public Hearing on the application of Total Fitness Center; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. CONSIDERATION OF FRESH WATER WETLANDS AND WATER COURSES PERMIT - Winged Foot Golf Club Fenimore Road Block 347 Lot 1 Robert Alonzi, represented the golf club. He stated that the applicant wanted to behave in an environmentally responsible way and had decided that above-ground storage tanks for its gasoline would be better than the present below-ground ones. Gasoline is necessary for the expensive, grass-cutting machines. The applicant will fill in the tanks following the New York State Department of Environmental Conservation regulations. Mr. Trachtman stated that fuel storage as such is classified as an incompatible activity. However, in his opinion, there would be more benefits than problems in this particular situation - above-ground storage is preferable to below-ground. Mr. Trachtman stated that there would be no adverse impact on the adjacent area. He suggested that the Board make conditions that the tank nozzles have automatic shutoffs and that there be emergency power shutoffs. January 15, 1992 -12- On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a sigrificant impact on the environment; and it is FURTHER RESOLVED, that this is a Type I Action having a significant impact on the environment, as determined by New York State Department of Environmental Conservation of corresponding local law; and it is FURTHER RESOLVED, that this matter be referred to the Coastal Zone Management Commission for environmental review. On Mrs. Jacobson, seconded by Mrs. Latona, it was unanimously RESOLVED, that this Board hereby sets Thursday, February 13, 1992 at 8: 15 PM as the date and time for a Public Hearing on the application of Winged Foot Golf Club; 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. APPROVAL OF MINUTES On motion of Mrs. Donatelli, seconded by Mrs. Jacobson, the minutes for the meeting of December 11, 1991 were unanimously approved by those in attendance. ADJOURNMENT On motion of Mr. Murray, seconded by Mrs. Jacobson, the meeting was adjourned at 11 PM. Bonnie M. Burdick