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HomeMy WebLinkAbout1997_01_08 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JANUARY 8, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman May W. Aisen Richard H. Darsky Linda S. Harrington C. Alan Mason Stephen Andrew Moser Edmund Papazian 4 5 Also Present: Judith M. Gallent, Counsel 4 `r Gary B. Trachtman, Consulting Engineer 1 Rfet Barbara Terranova, Public Stenographer � 191 Terranova, Ka7azPs & Associates, Ltd. 40 Eighth Street 11/4:12$112°CtrillNew Rochelle, New York 10801 rr � ¢ y Marguerite Roma, Recording Secretary CALL TO ORDER Due to the fact that Ms. Reader will be arriving late this evening, the meeting was called to order by Mr. Darsky at 8:19 p.m. APPROVAL OF MINUTES Mr.Darsky asked if the Board members had reviewed the draft Minutes of the December 11, 1996 meeting and if there were any amendments. Ms. Reader was not at the December 11, 1996 meeting. After a few minor corrections, on a motion made by Dr. Mason, seconded by Ms. Harrington, the Minutes of the December 11, 1996 meeting were unanimously approved, 6-0. Mr. Darsky read the application as follows: PUBLIC HEARING-PRELIMINARY SUBDIVISION APPROVAL-Laurel Manor/James J.Vanoli - 1001 Fenimore Road - Blocks 301 and 302 Lot 1 (adjourned 12/11/96) The public hearing portion of this meeting was closed at the December 11, 1996 Planning Board meeting. James Vanoli appeared and reiterated the details of the 6-lot subdivision as presented at previous meetings, stated the following: the proposed subdivision would have a 480 ft. long road terminating in a cul-de-sac off Fenimore Road; the property is zoned for 30,000 sq. ft. lots; the property will be served by public sanitary sewers and public water supply; the road will be dedicated to the Town of Mamaroneck. Mr. Darsky read a letter received from the Town of Mamaroneck Fire Department approving the location of the fire hydrants as located on the proposed subdivision map, and stating that the Fire Department had no objection to the proposed length of the cul-de-sac street. Ms. Reader arrived at the meeting. Planning Board January 8, 1997 Page 2 A discussion ensued by Mr. Trachtman, Mr. Vanoli and the Board regarding the service road, the cellular web which is shown on the landscape plans; the CZMC and the Planning Board's wetlands consultant's request for a different seed mix, and a few minor changes on the bushes, which the revised plans, dated January 8, 1997, sheets 4C and 4D, reflect; the pavers as shown on the landscape plan dated October 15, 1996; the Geoweb system would be used wherever there might be gravel paths rather than blacktop; requests from Mr. Gitlitz, the Town of Mamaroneck, for the drainage system; the plunge pool; the sloped plantings on the property; the wording in the proposed certification defining the phrase "near the garage" under General Requirements 1.A, which describes the area where blacktop is permitted for individual homeowner's driveways. Ms. Reader asked if there were any other comments, and asked Mr. Altieri, the Town Administrator, if an easement will be imposed on the applicant for repairs of roads, drainage and sanitary sewer, as there is no such provision in the drafted certification prepared by counsel. Mr. Altieri said on the Town easements if the Town is going to do repairs, restoration,etc. on its drainage system the Town has typically assumed the responsibility for those expenses. What was discussed earlier today where there is a circumstance where there will be some private easements, in those instances the Town really doesn't care, as the Town will not have responsibility for those easements. A discussion ensued regarding the easements. Ms. Gallent said that at the last meeting it was noted that the fire and police district may have been incorrectly identified on the plat. Mr. Vanoli said the police district was never addressed, because it is naturally the Town of Mamaroneck police. The fire district was stated incorrectly as being Scarsdale, it is in fact Mamaroneck and will be corrected on the new plat. Mr. Altieri said no reference needs to be made for the police district,just the fire district, and perhaps a sewer district. A discussion ensued regarding dates noted in the drafted certification with corrected dates noted, the various bonds and letter of credit. Mr. Moser asked who is granting the conservation easement. Mr. Vanoli said the conservation easement is granted by the signor of the plat. Ms. Reader asked if there were any further comments from the Board or public. Mr. Reader asked if everyone had a chance to review the most recent draft of the certification drafted as of 5:38 p.m. this evening. The members indicated that they had done so. On a motion made by Dr. Mason to approve the preliminary subdivision consistent with the draft as presented to the Board, dated January 8, 1997,revised as of 5:38 p.m., with the modifications as presented during the deliberations, seconded by Ms. Harrington, the following certification was unanimously approved: WHEREAS, Lehrer Limited Partnership, by James J. Vanoli, P.E. (the "Applicant"), has submitted an application for Preliminary Subdivision Approval in proper form and complying with all Planning Board January 8, 1997 Page 3 requirements of the Town,other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, the Planning Board held a Public Hearing on the application for Preliminary Subdivision approval on December 11, 1996, which was continued on January 8, 1997; and WHEREAS, the Planning Board has reviewed the EAF submitted by the applicant, the criteria contained in 6 N.Y.C.R.R. §617.7(c), identified the relevant areas of environmental concern, thoroughly analyzed the identified relevant area of environmental concern, determined that the proposed subdivision will have no significant environmental effect, and set forth its determination of significance and the basis therefor in the negative declaration, dated November 14, 1996,which was published in the Environmental Notice Bulletin on November 27, 1996; and WHEREAS, the Planning Board has considered the Applicant's request for a waiver of the requirement set forth in Town Code § 190-10(D) that cul-de-sac streets "shall not in general exceed four hundred feet in length" to permit a cul-de-sac street in the proposed subdivision of approximately 480 feet and has considered the comments of the Fire Department set forth in a letter, dated January 6, 1997, that it has no objection to the length of the street as proposed; and WHEREAS, the Planning Board finds that the requested variation is warranted because it permits a superior subdivision layout than would otherwise result and avoids some tree removal that would otherwise have to be undertaken. If the shorter street were required, Lot 3 would be long and narrow and Lot 2 would have an irregular shape. Accordingly, the Planning Board finds, pursuant to § 190-10(M), that this enhanced layout constitutes a special factor warranting this relatively minor variation; NOW, THEREFORE, BE IT RESOLVED, that Preliminary Subdivision Approval is hereby granted to Lehrer Limited Partnership to develop the subdivision to be known as Laurel Manor, on property now known as 1001 Fenimore Road(Section 1 Block 301 Lot 1 and Block 302 Lot 1)in the Town of Mamaroneck pursuant to the application and plans prepared by James J. Vanoli, P.E. as follows: Preliminary Subdivision Plat, last revised 10/15/96 Sheet 1/7 (Layout Plan), last revised 10/15/96 Sheet 2/7 (Grading Plan and Sediment and Erosion Control Plan), last revised 10/15/96 Sheet 3A/7 (Utility Plan), last revised 10/15/96 Sheet 3B/7 (Road and Utility Profiles), last revised 10/15/96 Sheet 3C/7 (Utility Profiles), last revised 10/15/96 Sheet 4A/7 (Tree Preservation Plan), last revised 10/15/96 Sheet 4B/7 (Tree Evaluation List), last revised 10/15/96 Sheet 4C/7 (Planting Plan), last revised 1/8/97 Sheet 4D/7 (Wetlands Delineation Plan), last revised 1/8/97 Sheet 5/7 (Detail Sheet), last revised 9/10/96 Sheet 6/7 (Detail Sheet), last revised 9/10/96 Sheet 7/7 (Detail Sheet), last revised 9/10/96 and subject to any modifications required by the Westchester County Department of Health and the Westchester Joint Water Works, and pursuant to all terms and conditions set forth below: I. General Requirements A. All pavement, including portions of driveways, within the right-of-way of the new common access road(Laurel Manor Lane)shall be either blacktop or cemented stone. The individual property driveways shall be gravel in perpetuity from the right-of-way of Laurel Manor Lane up to a point near the garage, from which point blacktop will Planning Board January 8, 1997 Page 4 be used for the garage apron of sufficient size to permit a car of average size to turn around; B. The right-of-way of Laurel Manor Lane shall be improved according to the Town standards and specifications and offered for dedication to the Town. Such offer of dedication shall be noted on the subdivision plat. C. A stop sign and stop bar shall be placed at the northeast corner of the intersection of Fenimore Road and Laurel Manor Lane in accordance with the Traffic Committee recommendation and the New York State Traffic Control Devices Manual. The applicant shall apply to the Town Board for approval of the placement of said stop sign. D. The Applicant shall provide and install the street name sign and pole at a location to be determined by the Superintendent of Highways. E. Prior to construction, the Applicant shall submit a sample of the curbstone to the Superintendent of Highways for approval. F. Landscape screening shall be provided along the rear lot line of Lots 1 and 2. The recorded subdivision plat shall state that all perimeter buffers shall be planted, preserved, and maintained as a natural habitat as provided in the revised plan and plant list(Sheets 4C/7 and 4D/7), last revised January 8, 1997. The language of this notation shall be approved by the Town Attorney and the Town Consulting Engineer. CIG. Also noted on the subdivision plat and all recorded instruments shall be 15 foot wide easements on Lots 1 and 3 permitting the grantees of the easements access in order to repair, replace, and/or improve, as may be required, the existing drainage piping and appurtenances and including such other terms as are reasonably acceptable to the Applicant. H. The Sewer and Fire Districts shall be identified properly on the subdivision plat and all recorded instruments. II. Special Requirements A.Water Retention and Sanitary Sewerage.Drainage.and Conservation Easements 1. The applicant must comply with the Town Surface Water, Erosion, and Sediment Control Law so that the rate of runoff from the property is not increased after construction. Detailed design shall be consistent with the stormwater drainage system shown on the October 15, 1996 plans and the Drainage Report last revised September 10, 1996,prepared by James J. Vanoli, P.E. Drainage easements across Lots 5 and 6 shall be conveyed to the Town for access to, repair, replacement, or improvement of drainage facilities. The width of the easements shall be 15 feet, unless otherwise noted on the subdivision plat. 2. The Applicant shall convey a sanitary sewerage easement to the Town on Lot 6 as shown on Preliminary Subdivision Plat,last revised October 15, 1996, and the Wetlands Delineation Plan (sheet 4D/7), last revised January 8, 1997. 3. The Applicant shall enter into a Conservation Easement Agreement to protect valuable wetland functions, such as flood control, water quality enhancement, provision of habitat and natural scenic beauty,within the area designated on Lots Planning Board January 8, 1997 Page 5 5 and 6 on Layout Plan(Sheet 1 of 7), dated October 15, 1996, in substantially the form annexed hereto as Exhibit A. The applicant shall be responsible for filing and recording such Conservation Easement Agreement prior to, or simultaneous with, the filing of the Final Subdivision Plat. 4. The Final Subdivision Plat shall not be filed until the sanitary sewerage, drainage system, and conservation easements described in provisions 1, 2 and 3 above have been filed with the Westchester County Clerk. 5. All easements for Town-owned retention areas, sanitary sewerage and drainage facilities shall provide that no permanent improvements shall be constructed in the easement areas and all such easements must be approved as to form by the Town Attorney. 6. The Applicant shall petition the Town Board for extension of the Town Sanitary Sewer District to include the proposed Laurel Manor Subdivision. The Applicant shall pay all costs associated with the extension of the sewer district. 7. Upon completion of all sanitary sewerage and storm drain facilities, the Applicant shall arrange for all such facilities to be flushed and cleaned. 8. Anchorage details shall be provided at the time of the issuance of a building permit for the proposed footbridge on each of Lots 5 and 6 in compliance with the Town Flood Damage Prevention Code. 9. Building plans shall comply with the Town Freshwater Wetlands and Water Courses and Flood Damage Prevention Laws. B. Erosion and Sediment Control During Construction 1. Erosion and sedimentation control shall be in accordance with the Town Surface Water, Erosion and Sediment Control Law. Erosion and sediment control plans shall be approved by the Town Consulting Engineer prior to commencement of construction. A control plan shall be submitted which shall include a construction timetable and inspection schedule. C. Blasting 1. All blasting on the premises shall be done in accordance with the Code of the Town of Mamaroneck and the most stringent, currently accepted engineering standards. 2. To the extent practicable and on the advice of the Consulting Engineer to the Town, the final subdivision approval shall include a detailed plan for blasting, covering, without limitation the following: limitations, if any, on charge sizes; designation of delays, if any; inspection of neighboring houses prior to blasting; the posting of a completion bond; timetable; and scheduling. 3. No blasting may be conducted without first obtaining a permit from the Town Building Department. 4. To the fullest extent permitted by law, the Applicant shall hold harmless and indemnify the Town, its officials, elected or appointed, employees, agents, and the Consulting Engineer from and against all claims, losses, damages and Planning Board January 8, 1997 Page 6 expenses, direct, indirect, consequential or otherwise(including but not limited to fees and charges of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the blasting performed by the Applicant, its employees, contractors or agents. D. Trees 1. Compliance with the Tree Preservation Law of the Town of Mamaroneck is required prior to the issuance of a Building Permit. 2. Twelve Eastern Red Cedar trees shall be planted on the westerly border of Lot 2 to provide a visual buffer between Lot 2 and the lot to the west, designated on the survey, dated February 23, 1996, as "Land N/F Meyer." 3. All other plantings shall be in accordance with the Tree Preservation and Planting Plans submitted by the Applicant. E. Performance Bonds/Letter of Credit 1. Prior to final approval of the subdivision plat, a performance bond and/or letter of credit to the Town of Mamaroneck shall be filed in amounts to be determined by the Town Engineer. A performance bond will be accepted for an amount not exceeding 75 percent of the amount determined by the Town Engineer, and the balance shall be secured by a letter of credit. 2. The term of the performance bond and letter of credit shall be from the commencement of construction through and including acceptance of improvements by the Town. A maintenance bond shall be posted thereafter in an amount equal to 40% of the original amount of the performance bond and letter of credit. Such maintenance bond shall run for one year after acceptance of improvements by the Town. 3. Upon the expiration of the performance bond and letter of credit, in the event that construction on the site is not completed, the Applicant shall repair and/or restore any and all public improvements damaged as a result of activities of the Applicant, including but not limited to, construction activities. F. Utility Connections 1. All house water and sewer connections shall be installed to the property lines of Lots 1-6 prior to placement of the road base course for Laurel Manor Lane. G. Preliminary Approval 1. Preliminary approval shall be construed as such and not as final approval. H. 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 Town Consulting Engineer. 2. The Applicant shall submit to the Town one Mylar reproducible set showing the 'as built" conditions for utility and sewer connections prior to the granting of Planning Board January 8, 1997 Page 7 Certificates of Occupancy for the residences to be constructed in this subdivision. EXHIBIT A CONSERVATION EASEMENT This easement, made this day of , nineteen hundred and ninety seven, between Lehrer Limited Partnership(hereinafter the"Grantor"),a New York business an office at 101 East Way, Bedford, New York 10506, and the Town of Mamaroneck (hereinafter the "Grantee"), a municipal corporation of the State of New York with an office at 740 West Boston Post Road. WITNESSETH: WHEREAS, the Grantor is the owner in fee simple of certain real property, hereinafter called the "Easement Area," which property consists of approximately 1.5 acres situated in the Town of Mamaroneck, Westchester County,New York,which is designated as the "Conservation Easement" on the Subdivision Plat attached hereto as Exhibit A and incorporated herein; and WHEREAS, the Grantee is a public body within the meaning of Article 49, Title 3 of the Environmental Conservation Law of the State of New York(the "ECL"), and is a "qualified organization" for holding tax-deductible conservation easements under Section 170(h)of the Internal Revenue Code(the "Code"). WHEREAS, the Easement Area is a significant natural area which qualifies as a " . . . relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96-541, 26 U.S.C. § 170(h)(4)(A)(ii), as amended, and in regulations promulgated thereunder; specifically the Easement Area consists of freshwater wetlands which serve a myriad of important ecological functions beneficial to the public health, safety and welfare; and WHEREAS, the preservation of the Easement Area will help prevent public harm by protecting valuable wetland functions such as flood control, water quality enhancement, provision of habitat and natural scenic beauty; and WHEREAS, the preservation of the Easement Area is pursuant to the governmental conservation policy contained in ECL Section 49-0301 which declares that the preservation of areas which are significant because of their wetland character is fundamental to assuring balanced growth, quality of life and maintaining attractive communities; and WHEREAS, the Grantor and Grantee desire to preserve the Easement Area and its natural wetland ecosystem for scientific, charitable, educational and aesthetic purposes, and to restrict the use of the Easement Area in accordance with the terms of this Easement Agreement. NOW, THEREFORE, the Grantor, for and in consideration of the facts above recited and of the mutual covenants, terms, conditions and restrictions herein contained and as an absolute and unconditional gift does hereby give, grant, bargain, sell and convey unto the Grantee, its successors and assigns, a Conservation Easement in perpetuity over the Easement Area pursuant to the following: 1. Purpose. It is the purpose of the Conservation Easement to assure that the Easement Area will be retained forever predominantly in its natural, scenic and open condition; to protect any rare plants, animals, or plant communities on the Easement Area; and to prevent any use of the Easement Area that will significantly impair or interfere with the conservation values or interests of the Easement Area. Grantor intends that this Conservation Easement will confine the use of the Easement Area to such activities as are consistent with the purpose of this Conservation Easement. Planning Board January 8, 1997 Page 8 2. Prohibited Uses. Any activity on or use of the Easement Area inconsistent with the purpose of the Conservation Easement is prohibited. Without limitation to the foregoing general prohibition, the following activities and uses are expressly prohibited, except to the extent that any such listed activities or uses are reasonably necessary to maintain and/or enhance the natural condition of the Easement Area or are shown on the Subdivision Plat filed in the Office of the Westchester County Clerk: 2.1 There shall be no buildings or structures of any kind erected on or located in the Fasement Area, except structures above and/or below grade that will maintain or enhance the natural condition of the Easement Area. 2.2 There shall be no commercial activities conducted on or in the Easement Area. 2.3 There shall be no filling, excavating, dredging, mining or drilling, removal of topsoil,sand,gravel, rock,mineral or other materials,nor any building of roads or change in the topography of the Easement Area in any manner with the exception of the service road as shown on the Subdivision Plat filed in the office of the Westchester County Clerk. 2.4 There shall be no removal, destruction or cutting of trees or plants, spraying with biocides, or disturbance or change in the natural habitat of the Easement Area in any manner. Notwithstanding this prohibition,trees or other vegetation may be removed in the event of an imminent threat to the health, safety or property of the residents of adjoining properties. 2.5 There shall be no dumping of trash, garbage or other unsightly or offensive material in the Easement Area. If any such dumping occurs, the owner of the property on which dumping has occurred shall be responsible for the timely removal of any dumped material in accordance with applicable regulations. 2.6 There shall be no intentional manipulation or alteration of natural water courses, marshes or other water bodies or activities or uses detrimental to water purity in the Easement Area. 3. Grantor's Reserved Rights. The Grantor hereby reserves the following rights: 3.1 The Easement Area shall remain at all times in the exclusive possession of the Grantor, its successors in interest, heirs and assigns, and subject to its unqualified right to exclude others therefrom by any and all lawful means. 3.2 All rights, interests and privileges of the Grantor in the Easement Area not herein specifically donated, granted, transferred and conveyed, remain and reside with the Grantors, their successors in interest,heirs and assigns including the right to sell, give or otherwise convey the Easement Area subject to the terms of this Conservation Easement. 4. Grantee's Rights. To accomplish the purpose of this Conservation Easement, the Grantee may, in a reasonable manner and at reasonable times, enforce by proceedings of law or in equity the covenants set forth herein, including but not limited to the right, in the event of a breach of any of the terms hereof, to require the restoration of the Easement Area substantially to its condition at the time of this grant. Nothing herein shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Eacment Area consistent with the purposes of this Conservation Easement or due to causes beyond the Grantor's control, including but not limited to changes caused by fire, floods, storm or the unauthorized wrongful acts of third persons. Planning Board January 8, 1997 Page 9 0 5. Assignment. The Grantee may not assign its rights and duties under this Conservation Easement without the prior written approval of the Grantor, which approval will not be unreasonably withheld, and any such assignment must be made to an entity which is authorized to hold a conservation easement pursuant to Article 49 of the ECL and which is a qualified organization as that term is defined in Section 170(h) of the Code and the regulations promulgated thereunder. 6. Extinguishment. The terms of this Conservation Easement may be modified or extinguished pursuant to the terms of Section 49-0307 of the ECL and upon the mutual consent of the Grantor and the Grantee. 7. Estoppel. Within 10 days of a written request therefore by Grantor,Grantee shall deliver an estoppel certificate stating whether Grantor is in default under the provisions of this Conservation Easement and, if in default, the nature thereof. 8. Severabiliti. If any provisions of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of the Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 9. Recording. This Conservation Easement shall be recorded in the Westchester County Clerk's Office, Land Records Division and the agreements, covenants and restrictions herein set forth shall run with the land. Ms. Reader read the next application: ra) PUBLIC HEARING - MODIFICATION/FRESHWATER WETLANDS AND WATER COURSES PERMIT -Mr. & Mrs. Frank Tricarico -771 Forest Avenue-Block 210 Lot 35(adjourned 12/11/96) On a motion made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this meeting and her transcript will become a permanent part of this record. Mr. Widulski said at the last meeting as 2 members of the Board were absent, the applicant received only 3 or the 4 required votes regarding the approval for the application, and this evening respectfully requests another vote regarding this application. Ms. Reader said the Board received, in response to the Board's request for a chronology, a memorandum from Mr. Jakubowski, dated December 30, 1996, and a second letter with respect to Freshwater Wetlands and violations from the Town Attorney, Charlene Indelicato. Ms. Reader's review of the documentation, reveals that when Mr. Widulski realized the problem with the modification, he did make efforts to communicate quickly with the Building Department and in the course of various procedural difficulties and disruption of personnel circumstances, there appeared to be a delay on Mr. Widulski's part which was not the case. Ms. Aisen said in the chronology on the second page, "time passing before decision" is not true, as the department did act in a timely fashion which did not become clear until the end of the discussion last month. Dr. Mason said he would like Mr. Widulski to state for the record that there was no delay by the Town staff. Planning Board January 8, 1997 Page 10 Mr. Widulski said he stands corrected. Ms. Reader asked if there were any further questions or comments from the Board or the public. There being none, on a motion was made by Mr. Darsky and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Mr. Darsky, seconded by Ms. Reader, the following resolution was unanimously approved: WHEREAS, Mr. &Mrs. Frank Tricarico have applied for a permit pursuant to Mamaroneck Town Code Chapter 114 for the premises at Lot No. 771 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 35; and WHEREAS, the Planning Board has determined that the proposed action is a Type II action and that no further review is required under SEQRA; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on December 11, 1996 and January 8, 1997; and NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The Planning Board granted a Freshwater Wetlands Permit, dated April 10, 1996, for a swimming pool and patio substantially similar to the pool and patio that are the subject of this application. 2. As set forth in the letter from the Town's Consulting Engineer, Gary Trachtman, dated November 5, 1996, the footprint of the pool in this application is smaller than the footprint of the pool authorized in the April 10, 1996 permit, and the construction of the retaining wall around the pool in this application further reduces the encroachment of the project in the 100-year flood plain. Although the concrete paver patio covers a slightly larger area than previously approved, the patio is located on a porous base and is also above the 100-year flood plain elevation and a portion of the area is retained as landscape. 3. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 4. 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; 5. 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; 6. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; Planning Board January 8, 1997 Page 11 110 BE IT FURTHER RESOLVED, that the application of Mr. & Mrs. Frank Tricarico for a permit, pursuant to Mamaroneck Town Code Chapter 114, 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. This permit authorizes the work shown in the drawing S-1A last revised on September 28, 1996. 3. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. Mr. Widulski apologized for the delay and misunderstanding. Ms. Reader read the next application: PUBLIC HEARING - SITE PLAN - WINGED FOOT GOLF CLUB/PGA - 851 Fenimore Road - Block 347 Lot 1 William Rose, Vice President of Winged Foot Golf Club, appeared along with William Maker, Esq. and his partner, Mike Gilligan, site director for the PGA and Robert Alonzi, the greens superintendent for Winged Foot Golf Club. Mr. Rose said Winged Foot is requesting site plan approval for a temporary road and bus drop-off in connection with the PGA Tournament which is being held at the Club during the week of August 11, 1997. Mr. Rose then proceeded to explain in detail the proposed roadway to be installed along Old White Plains Road, the agreement of Mr. Carmel, the owner of the property at 1050 Old White Plains Road for the use of a corner piece of his property, and the improvement of the road bed on Wesleyan Avenue; i.e. blacktop and crushed stone. Mr. Rose said at the conclusion of the tournament, the applicant intends to lay topsoil over the crushed stone portion of the temporary road and restore the area to its former condition. Mr. Rose said in reference to environmental consequences, it has been recommended that this is a Type II action, requiring no further action under SEQRA. Mr. Rose then discussed the improvements that will be made regarding the width of the road. A discussion followed regarding the homes that back onto the property, the concern that everyone abutting the property should be notified, the bus drop-off activity and the different courses of the club. Mr. Rose explained that the system to be used will be a shuttle system, which will be marshalled by those retained to do so and police personnel. He said that the road is a service road, approximately 10 ft. wide. Mr. Darsky said he would like to know from a legal perspective that the modifications being made would not classify the street as something that the Town would have to maintain. Mr. Alfieri said it is not a dedicated Town road, as it is only an access driveway into Winged Foot. A discussion ensued. Ms. Aisen asked which road will be improved permanently? Mr. Rose indicated that only Wesleyan Avenue will have permanent improvements. The road for which he seeks approval is temporary. Ms. Reader asked if there were any further questions from the audience. Planning Board January 8, 1997 Page 12 Mr. Maker said the notification was sent to the Westchester County Department of Planning for their comments. Ms. Gallent said a letter was received from the Westchester County Planning Board, which indicates that this is a matter for local determination. A discussion ensued regarding curbing, life expectancy of the road, installation and removal of the road, traffic, and the coordination of activities. Ms. Reader again asked if there were any further questions from the audience. There being none, on a motion was made by Dr. Mason, seconded by Mr. Darsky, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Ms. Harrington, seconded by Dr. Mason, the following certification was unanimously approved: WHEREAS, William A. Rose, Jr., Vice President of WINGED FOOT GOLF CLUB has submitted an application for Site Plan Approval for a temporary access road to be located at 851 Fenimore Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347 Lot 1 ; and WHEREAS, the Planning Board has determined that the proposed action is a Type II action under SEQRA; accordingly, no further action is required under SEQRA; 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 members of the public, and Public Hearings have been held pursuant to notice on January 8, 1997; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby granted for the application submitted by William A. Rose, Jr., Vice President of Winged Foot Golf Club, subject to all terms and conditions set forth herein: I. General Requirements A. All site work, landscaping, storm water drainage and treatment systems shall be in accordance with the Site Plan, dated October 1, 1996, for a temporary road. B. The crushed stone portion of the temporary road will be restored to a seeded condition by October 30, 1997. II. Special Requirements A. Water Retention and Drainage This approval is subject to final approval of drainage plans by the Town's Consulting Engineer. B. Erosion and Sediment Control - (During Construction) 1. Erosion and sedimentation control plans shall be based on the standards presented in the Town of Mamaroneck Soil Erosion and Sediment Control Law. 2. The control plan shall include a construction timetable and an inspection schedule. Planning Board January 8, 1997 Page 13 Ms. Reader read the next application. PUBLIC HEARING - SPECIAL USE PERMIT - WOK II - George Poline/Tai Poo Wang - 2423 Boston Post Road - Block 505 Lot 463 Ms. Reader asked if the applicant was present. There was no one present. After some discussion regarding the application, the matter was adjourned until the next meeting. Ms. Reader read the next application. CONSIDERATION-SPECIAL USE PERMIT-M&R ARCADE CORP. -1265 Boston Post Road- Block 412 Lot 449 Ms. Reader read a letter to the Board received by the Building Department 3:00 p.m. this date from M&R Arcade Corp. requesting an adjournment. After some discussion, the matter was adjourned until the next meeting. NEXT MEETING The next meeting of this Board will be held on February 12, 1997. ADJOURNMENT On a motion duly made and seconded, the meeting was unanimously adjourned at 9:40 p.m. Marguerite , Recording Secretary MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JANUARY 8, 1997, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn S. Reader, Chairwoman May W. Aisen Richard H. Darsky Linda S. Harrington C. Alan Mason Stephen Andrew Moser Edmund Papazian Also Present: Judith M. Gallent, Counsel Gary B. Trachtman, Consulting Engineer Barbara Terranova, Public Stenographer Terranova, Kazazes & Associates, Ltd. 40 Eighth Street New Rochelle, New York 10801 Marguerite Roma, Recording Secretary CALL TO ORDER Due to the fact that Ms. Reader will be arriving late this evening, the meeting was called to order by Mr. Darsky at 8:19 p.m. APPROVAL OF MINUTES Mr.Darsky asked if the Board members had reviewed the draft Minutes of the December 11, 1996 meeting and if there were any amendments. Ms. Reader was not at the December 11, 1996 meeting. After a few minor corrections, on a motion made by Dr. Mason, seconded by Ms. Harrington, the Minutes of the December 11, 1996 meeting were unanimously approved, 6-0. Mr. Darsky read the application as follows: PUBLIC HEARING-PRELIMINARY SUBDIVISION APPROVAL-Laurel Manor/James J.Vanoli - 1001 Fenimore Road - Blocks 301 and 302 Lot 1 (adjourned 12/11/96) The public hearing portion of this meeting was closed at the December 11, 1996 Planning Board meeting. James Vanoli appeared and reiterated the details of the 6-lot subdivision as presented at previous meetings, stated the following: the proposed subdivision would have a 480 ft. long road terminating in a cul-de-sac off Fenimore Road; the property is zoned for 30,000 sq. ft. lots; the property will be served by public sanitary sewers and public water supply; the road will be dedicated to the Town of Mamaroneck. Mr. Darsky read a letter received from the Town of Mamaroneck Fire Department approving the location of the fire hydrants as located on the proposed subdivision map, and stating that the Fire Department had no objection to the proposed length of the cul-de-sac street. Ms. Reader arrived at the meeting. Planning Board January 8, 1997 Page 2 A discussion ensued by Mr. Trachtman, Mr. Vanoli and the Board regarding the service road, the cellular web which is shown on the landscape plans; the CZMC and the Planning Board's wetlands consultant's request for a different seed mix, and a few minor changes on the bushes, which the revised plans, dated January 8, 1997, sheets 4C and 4D, reflect; the pavers as shown on the landscape plan dated October 15, 1996; the Geoweb system would be used wherever there might be gravel paths rather than blacktop; requests from Mr. Gitlitz, the Town of Mamaroneck, for the drainage system; the plunge pool; the sloped plantings on the property; the wording in the proposed certification defining the phrase "near the garage" under General Requirements 1.A, which describes the area where blacktop is permitted for individual homeowner's driveways. Ms. Reader asked if there were any other comments, and asked Mr. Altieri, the Town Administrator, if an easement will be imposed on the applicant for repairs of roads, drainage and sanitary sewer, as there is no such provision in the drafted certification prepared by counsel. Mr. Altieri said on the Town easements if the Town is going to do repairs, restoration, etc. on its drainage system the Town has typically assumed the responsibility for those expenses. What was discussed earlier today where there is a circumstance where there will be some private easements, in those instances the Town really doesn't care, as the Town will not have responsibility for those easements. A discussion ensued regarding the easements. Ms. Gallent said that at the last meeting it was noted that the fire and police district may have been incorrectly identified on the plat. Mr. Vanoli said the police district was never addressed, because it is naturally the Town of Mamaroneck police. The fire district was stated incorrectly as being Scarsdale, it is in fact Mamaroneck and will be corrected on the new plat. Mr. Alfieri said no reference needs to be made for the police district,just the fire district, and perhaps a sewer district. A discussion ensued regarding dates noted in the drafted certification with corrected dates noted, the various bonds and letter of credit. Mr. Moser asked who is granting the conservation easement. Mr. Vanoli said the conservation easement is granted by the signor of the plat. Ms. Reader asked if there were any further comments from the Board or public. Mr. Reader asked if everyone had a chance to review the most recent draft of the certification drafted as of 5:38 p.m. this evening. The members indicated that they had done so. On a motion made by Dr. Mason to approve the preliminary subdivision consistent with the draft as presented to the Board, dated January 8, 1997,revised as of 5:38 p.m., with the modifications as presented during the deliberations, seconded by Ms. Harrington, the following certification was unanimously approved: WHEREAS, Lehrer Limited Partnership, by James J. Vanoli, P.E. (the "Applicant"), has submitted an application for Preliminary Subdivision Approval in proper form and complying with all Planning Board January 8, 1997 Page 3 requirements of the Town,other municipal agencies, the comments of the Consulting Engineer to the Town Ind this Planning Board; and WHEREAS, the Planning Board held a Public Hearing on the application for Preliminary Subdivision approval on December 11, 1996, which was continued on January 8, 1997; and WHEREAS, the Planning Board has reviewed the EAF submitted by the applicant, the criteria contained in 6 N.Y.C.R.R. § 617.7(c), identified the relevant areas of environmental concern, thoroughly analyzed the identified relevant area of environmental concern, determined that the proposed subdivision will have no significant environmental effect, and set forth its determination of significance and the basis therefor in the negative declaration, dated November 14, 1996, which was published in the Environmental Notice Bulletin on November 27, 1996; and WHEREAS, the Planning Board has considered the Applicant's request for a waiver of the requirement set forth in Town Code § 190-10(D) that cul-de-sac streets "shall not in general exceed four hundred feet in length" to permit a cul-de-sac street in the proposed subdivision of approximately 480 feet and has considered the comments of the Fire Department set forth in a letter, dated January 6, 1997, that it has no objection to the length of the street as proposed; and WHEREAS, the Planning Board finds that the requested variation is warranted because it permits a superior subdivision layout than would otherwise result and avoids some tree removal that would otherwise have to be undertaken. If the shorter street were required, Lot 3 would be long and narrow and Lot 2 would have an irregular shape. Accordingly, the Planning Board finds, pursuant to § 190-10(M), that this enhanced layout constitutes a special factor warranting this relatively minor variation; NOW, THEREFORE, BE IT RESOLVED, that Preliminary Subdivision Approval is hereby granted to Lehrer Limited Partnership to develop the subdivision to be known as Laurel Manor, on property now known as 1001 Fenimore Road(Section 1 Block 301 Lot 1 and Block 302 Lot 1)in the Town of Mamaroneck pursuant to the application and plans prepared by James J. Vanoli, P.E. as follows: Preliminary Subdivision Plat, last revised 10/15/96 Sheet 1/7 (Layout Plan), last revised 10/15/96 Sheet 2/7 (Grading Plan and Sediment and Erosion Control Plan), last revised 10/15/96 Sheet 3A/7 (Utility Plan), last revised 10/15/96 Sheet 3B/7 (Road and Utility Profiles), last revised 10/15/96 Sheet 3C/7 (Utility Profiles), last revised 10/15/96 Sheet 4A/7 (Tree Preservation Plan), last revised 10/15/96 Sheet 4B/7 (Tree Evaluation List), last revised 10/15/96 Sheet 4C/7 (Planting Plan), last revised 1/8/97 Sheet 4D/7 (Wetlands Delineation Plan), last revised 1/8/97 Sheet 5/7 (Detail Sheet), last revised 9/10/96 Sheet 6/7 (Detail Sheet), last revised 9/10/96 Sheet 7/7 (Detail Sheet), last revised 9/10/96 and subject to any modifications required by the Westchester County Department of Health and the Westchester Joint Water Works, and pursuant to all terms and conditions set forth below: I. General Requirements A. All pavement, including portions of driveways, within the right-of-way of the new common access road(Laurel Manor Lane)shall be either blacktop or cemented stone. The individual property driveways shall be gravel in perpetuity from the right-of-way of Laurel Manor Lane up to a point near the garage, from which point blacktop will Planning Board January 8, 1997 Page 4 be used for the garage apron of sufficient size to permit a car of average size to turn around; B. The right-of-way of Laurel Manor Lane shall be improved according to the Town standards and specifications and offered for dedication to the Town. Such offer of dedication shall be noted on the subdivision plat. C. A stop sign and stop bar shall be placed at the northeast corner of the intersection of Fenimore Road and Laurel Manor Lane in accordance with the Traffic Committee recommendation and the New York State Traffic Control Devices Manual. The applicant shall apply to the Town Board for approval of the placement of said stop sign. D. The Applicant shall provide and install the street name sign and pole at a location to be determined by the Superintendent of Highways. E. Prior to construction, the Applicant shall submit a sample of the curbstone to the Superintendent of Highways for approval. F. Landscape screening shall be provided along the rear lot line of Lots 1 and 2. The recorded subdivision plat shall state that all perimeter buffers shall be planted, preserved, and maintained as a natural habitat as provided in the revised plan and plant list(Sheets 4C/7 and 4D/7), last revised January 8, 1997. The language of this notation shall be approved by the Town Attorney and the Town Consulting Engineer. G. Also noted on the subdivision plat and all recorded instruments shall be 15 foot wide easements on Lots 1 and 3 permitting the grantees of the easements access in order to repair, replace, and/or improve, as may be required, the existing drainage piping and appurtenances and including such other terms as are reasonably acceptable to the Applicant. H. The Sewer and Fire Districts shall be identified properly on the subdivision plat and all recorded instruments. II. Special Requirements A. Water Retention and Sanitary Sewerage, Drainage,and Conservation Easements 1. The applicant must comply with the Town Surface Water, Erosion, and Sediment Control Law so that the rate of runoff from the property is not increased after construction. Detailed design shall be consistent with the stormwater drainage system shown on the October 15, 1996 plans and the Drainage Report last revised September 10, 1996, prepared by James J. Vanoli, P.E. Drainage easements across Lots 5 and 6 shall be conveyed to the Town for access to, repair, replacement, or improvement of drainage facilities. The width of the easements shall be 15 feet, unless otherwise noted on the subdivision plat. 2. The Applicant shall convey a sanitary sewerage easement to the Town on Lot 6 as shown on Preliminary Subdivision Plat, last revised October 15, 1996, and the Wetlands Delineation Plan (sheet 4D/7), last revised January 8, 1997. 3. The Applicant shall enter into a Conservation Easement Agreement to protect valuable wetland functions, such as flood control, water quality enhancement, provision of habitat and natural scenic beauty,within the area designated on Lots Planning Board January 8, 1997 Page 5 5 and 6 on Layout Plan(Sheet 1 of 7), dated October 15, 1996, in substantially the form annexed hereto as Exhibit A. The applicant shall be responsible for filing and recording such Conservation Easement Agreement prior to, or simultaneous with, the filing of the Final Subdivision Plat. 4. The Final Subdivision Plat shall not be filed until the sanitary sewerage, drainage system, and conservation easements described in provisions 1, 2 and 3 above have been filed with the Westchester County Clerk. 5. All easements for Town-owned retention areas, sanitary sewerage and drainage facilities shall provide that no permanent improvements shall be constructed in the easement areas and all such easements must be approved as to form by the Town Attorney. 6. The Applicant shall petition the Town Board for extension of the Town Sanitary Sewer District to include the proposed Laurel Manor Subdivision. The Applicant shall pay all costs associated with the extension of the sewer district. 7. Upon completion of all sanitary sewerage and storm drain facilities, the Applicant shall arrange for all such facilities to be flushed and cleaned. 8. Anchorage details shall be provided at the time of the issuance of a building permit for the proposed footbridge on each of Lots 5 and 6 in compliance with the Town Flood Damage Prevention Code. 9. Building plans shall comply with the Town Freshwater Wetlands and Water Courses and Flood Damage Prevention Laws. B. Erosion and Sediment Control During Construction 1. Erosion and sedimentation control shall be in accordance with the Town Surface Water, Erosion and Sediment Control Law. Erosion and sediment control plans shall be approved by the Town Consulting Engineer prior to commencement of construction. A control plan shall be submitted which shall include a construction timetable and inspection schedule. C. Blasting 1. All blasting on the premises shall be done in accordance with the Code of the Town of Mamaroneck and the most stringent, currently accepted engineering standards. 2. To the extent practicable and on the advice of the Consulting Engineer to the Town, the final subdivision approval shall include a detailed plan for blasting, covering, without limitation the following: limitations, if any, on charge sizes; designation of delays, if any; inspection of neighboring houses prior to blasting; the posting of a completion bond; timetable; and scheduling. 3. No blasting may be conducted without first obtaining a permit from the Town Building Department. 4. To the fullest extent permitted by law, the Applicant shall hold harmless and indemnify the Town, its officials, elected or appointed, employees, agents, and the Consulting Engineer from and against all claims, losses, damages and Planning Board January 8, 1997 Page 6 expenses, direct, indirect, consequential or otherwise (including but not limited to fees and charges of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the blasting performed by the Applicant, its employees, contractors or agents. D. Trees 1. Compliance with the Tree Preservation Law of the Town of Mamaroneck is required prior to the issuance of a Building Permit. 2. Twelve Eastern Red Cedar trees shall be planted on the westerly border of Lot 2 to provide a visual buffer between Lot 2 and the lot to the west, designated on the survey, dated February 23, 1996, as "Land N/F Meyer." 3. All other plantings shall be in accordance with the Tree Preservation and Planting Plans submitted by the Applicant. E. Performance Bonds/Letter of Credit 1. Prior to final approval of the subdivision plat, a performance bond and/or letter of credit to the Town of Mamaroneck shall be filed in amounts to be determined by the Town Engineer. A performance bond will be accepted for an amount not exceeding 75 percent of the amount determined by the Town Engineer, and the balance shall be secured by a letter of credit. 2. The term of the performance bond and letter of credit shall be from the commencement of construction through and including acceptance of improvements by the Town. A maintenance bond shall be posted thereafter in an amount equal to 40% of the original amount of the performance bond and letter of credit. Such maintenance bond shall run for one year after acceptance of improvements by the Town. 3. Upon the expiration of the performance bond and letter of credit, in the event that construction on the site is not completed, the Applicant shall repair and/or restore any and all public improvements damaged as a result of activities of the Applicant, including but not limited to, construction activities. F. Utility Connections 1. All house water and sewer connections shall be installed to the property lines of Lots 1-6 prior to placement of the road base course for Laurel Manor Lane. G. Preliminary Approval 1. Preliminary approval shall be construed as such and not as final approval. H. 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 Town Consulting Engineer. 2. The Applicant shall submit to the Town one Mylar reproducible set showing the "as built" conditions for utility and sewer connections prior to the granting of Planning Board January 8, 1997 Page 7 Certificates of Occupancy for the residences to be constructed in this subdivision. EXHIBIT A CONSERVATION EASEMENT This easement, made this day of , nineteen hundred and ninety seven, between Lehrer Limited Partnership(hereinafter the "Grantor"),a New York business an office at 101 East Way, Bedford, New York 10506, and the Town of Mamaroneck (hereinafter the "Grantee"), a municipal corporation of the State of New York with an office at 740 West Boston Post Road. WITNESSETH: WHEREAS, the Grantor is the owner in fee simple of certain real property, hereinafter called the "Easement Area," which property consists of approximately 1.5 acres situated in the Town of Mamaroneck, Westchester County, New York,which is designated as the "Conservation Easement" on the Subdivision Plat attached hereto as Exhibit A and incorporated herein; and WHEREAS, the Grantee is a public body within the meaning of Article 49, Title 3 of the Environmental Conservation Law of the State of New York(the "ECL"), and is a "qualified organization" for holding tax-deductible conservation easements under Section 170(h)of the Internal Revenue Code(the "Code"). WHEREAS, the Easement Area is a significant natural area which qualifies as a " . . . relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96-541, 26 U.S.C. § 170(h)(4)(A)(ii), as amended, and in regulations promulgated thereunder; specifically the Easement Area consists of freshwater wetlands which serve a myriad of important ecological functions beneficial to the public health, safety and welfare; and WHEREAS, the preservation of the Easement Area will help prevent public harm by protecting valuable wetland functions such as flood control, water quality enhancement, provision of habitat and natural scenic beauty; and WHEREAS, the preservation of the Easement Area is pursuant to the governmental conservation policy contained in ECL Section 49-0301 which declares that the preservation of areas which are significant because of their wetland character is fundamental to assuring balanced growth, quality of life and maintaining attractive communities; and WHEREAS, the Grantor and Grantee desire to preserve the Easement Area and its natural wetland ecosystem for scientific, charitable, educational and aesthetic purposes, and to restrict the use of the Easement Area in accordance with the terms of this Easement Agreement. NOW, THEREFORE, the Grantor, for and in consideration of the facts above recited and of the mutual covenants, terms, conditions and restrictions herein contained and as an absolute and unconditional gift does hereby give, grant, bargain, sell and convey unto the Grantee, its successors and assigns, a Conservation Easement in perpetuity over the Easement Area pursuant to the following: 1. Purpose. It is the purpose of the Conservation Easement to assure that the Easement Area will be retained forever predominantly in its natural, scenic and open condition; to protect any rare plants, animals, or plant communities on the Easement Area; and to prevent any use of the Easement Area that will significantly impair or interfere with the conservation values or interests of the Easement Area. Grantor intends that this Conservation Easement will confine the use of the Easement Area to such activities as are consistent with the purpose of this Conservation Easement. Planning Board January 8, 1997 Page 8 2. Prohibited Uses. Any activity on or use of the Easement Area inconsistent with the purpose of the Conservation Easement is prohibited. Without limitation to the foregoing general prohibition, the following activities and uses are expressly prohibited, except to the extent that any such listed activities or uses are reasonably necessary to maintain and/or enhance the natural condition of the FAsPment Area or are shown on the Subdivision Plat filed in the Office of the Westchester County Clerk: 2.1 There shall be no buildings or structures of any kind erected on or located in the FasPment Area, except structures above and/or below grade that will maintain or enhance the natural condition of the Easement Area. 2.2 There shall be no commercial activities conducted on or in the Easement Area. 2.3 There shall be no filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, mineral or other materials, nor any building of roads or change in the topography of the Easement Area in any manner with the exception of the service road as shown on the Subdivision Plat filed in the office of the Westchester County Clerk. 2.4 There shall be no removal, destruction or cutting of trees or plants, spraying with biocides, or disturbance or change in the natural habitat of the Easement Area in any manner. Notwithstanding this prohibition,trees or other vegetation may be removed in the event of an imminent threat to the health, safety or property of the residents of adjoining properties. 2.5 There shall be no dumping of trash, garbage or other unsightly or offensive material in the Easement Area. If any such dumping occurs, the owner of the property on which dumping has occurred shall be responsible for the timely removal of any dumped material in accordance with applicable regulations. 2.6 There shall be no intentional manipulation or alteration of natural water courses, marshes or other water bodies or activities or uses detrimental to water purity in the Easement Area. 3. Grantor's Reserved Rights. The Grantor hereby reserves the following rights: 3.1 The Easement Area shall remain at all times in the exclusive possession of the Grantor, its successors in interest, heirs and assigns, and subject to its unqualified right to exclude others therefrom by any and all lawful means. 3.2 All rights, interests and privileges of the Grantor in the Easement Area not herein specifically donated, granted, transferred and conveyed, remain and reside with the Grantors, their successors in interest,heirs and assigns including the right to sell, give or otherwise convey the Easement Area subject to the terms of this Conservation Easement. 4. Grantee's Rights. To accomplish the purpose of this Conservation Easement, the Grantee may, in a reasonable manner and at reasonable times, enforce by proceedings of law or in equity the covenants set forth herein, including but not limited to the right, in the event of a breach of any of the terms hereof, to require the restoration of the Easement Area substantially to its condition at the time of this grant. Nothing herein shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Easement Area consistent with the purposes of this Conservation Easement or due to causes beyond the Grantor's control, including but not limited to changes caused by fire, floods, storm or the unauthorized wrongful acts of third persons. Planning Board January 8, 1997 Page 9 5. Assignment. The Grantee may not assign its rights and duties under this Conservation Easement without the prior written approval of the Grantor, which approval will not be unreasonably withheld, and any such assignment must be made to an entity which is authorized to hold a conservation asment pursuant to Article 49 of the ECL and which is a qualified organization as that term is defined in Section 170(h) of the Code and the regulations promulgated thereunder. 6. Extinguishment. The terms of this Conservation Easement may be modified or extinguished pursuant to the terms of Section 49-0307 of the ECL and upon the mutual consent of the Grantor and the Grantee. 7. Estoppel. Within 10 days of a written request therefore by Grantor,Grantee shall deliver an estoppel certificate stating whether Grantor is in default under the provisions of this Conservation Easement and, if in default, the nature thereof. 8. Severability. If any provisions of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of the Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 9. Recording. This Conservation Easement shall be recorded in the Westchester County Clerk's Office, Land Records Division and the agreements, covenants and restrictions herein set forth shall run with the land. Ms. Reader read the next application: PUBLIC HEARING - MODIFICATION/FRESHWATER WETLANDS AND WATER COURSES PERMIT -Mr. & Mrs. Frank Tricarico -771 Forest Avenue -Block 210 Lot 35(adjourned 12/11/96) On a motion made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this meeting and her transcript will become a permanent part of this record. Mr. Widulski said at the last meeting as 2 members of the Board were absent, the applicant received only 3 or the 4 required votes regarding the approval for the application, and this evening respectfully requests another vote regarding this application. Ms. Reader said the Board received, in response to the Board's request for a chronology, a memorandum from Mr. Jakubowski, dated December 30, 1996, and a second letter with respect to Freshwater Wetlands and violations from the Town Attorney, Charlene Indelicato. Ms. Reader's review of the documentation, reveals that when Mr. Widulski realized the problem with the modification, he did make efforts to communicate quickly with the Building Department and in the course of various procedural difficulties and disruption of personnel circumstances, there appeared to be a delay on Mr. Widulski's part which was not the case. Ms. Aisen said in the chronology on the second page, "time passing before decision" is not true, as the department did act in a timely fashion which did not become clear until the end of the discussion last month. Dr. Mason said he would like Mr. Widulski to state for the record that there was no delay by the Town staff. Planning Board January 8, 1997 Page 10 Mr. Widulski said he stands corrected. Ms. Reader asked if there were any further questions or comments from the Board or the public. There being none, on a motion was made by Mr. Darsky and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Mr. Darsky, seconded by Ms. Reader, the following resolution was unanimously approved: WHEREAS, Mr. &Mrs. Frank Tricarico have applied for a permit pursuant to Mamaroneck Town Code Chapter 114 for the premises at Lot No. 771 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Lot 35; and WHEREAS, the Planning Board has determined that the proposed action is a Type II action and that no further review is required under SEQRA; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code Chapter 114 having been held on December 11, 1996 and January 8, 1997; and NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The Planning Board granted a Freshwater Wetlands Permit, dated April 10, 1996, for a swimming pool and patio substantially similar to the pool and patio that are the subject of this application. 2. As set forth in the letter from the Town's Consulting Engineer, Gary Trachtman, dated November 5, 1996, the footprint of the pool in this application is smaller than the footprint of the pool authorized in the April 10, 1996 permit, and the construction of the retaining wall around the pool in this application further reduces the encroachment of the project in the 100-year flood plain. Although the concrete paver patio covers a slightly larger area than previously approved, the patio is located on a porous base and is also above the 100-year flood plain elevation and a portion of the area is retained as landscape. 3. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 4. 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; 5. 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; 6. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; Planning Board January 8, 1997 Page 11 BE IT FURTHER RESOLVED, that the application of Mr. & Mrs. Frank Tricarico for a permit, pursuant to Mamaroneck Town Code Chapter 114, 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. This permit authorizes the work shown in the drawing S-1A last revised on September 28, 1996. 3. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. Mr. Widulski apologized for the delay and misunderstanding. Ms. Reader read the next application: PUBLIC HEARING - SITE PLAN - WINGED FOOT GOLF CLUB/PGA - 851 Fenimore Road - Block 347 Lot 1 William Rose, Vice President of Winged Foot Golf Club, appeared along with William Maker, Esq. and his partner, Mike Gilligan, site director for the PGA and Robert Alonzi, the greens superintendent for Winged Foot Golf Club. Mr. Rose said Winged Foot is requesting site plan approval for a temporary road and bus drop-off in connection with the PGA Tournament which is being held at the Club during the week of August 11, 1997. Mr. Rose then proceeded to explain in detail the proposed roadway to be installed along Old White Plains Road, the agreement of Mr. Carmel, the owner of the property at 1050 Old White Plains Road for the use of a corner piece of his property, and the improvement of the road bed on Wesleyan Avenue; i.e. blacktop and crushed stone. Mr. Rose said at the conclusion of the tournament, the applicant intends to lay topsoil over the crushed stone portion of the temporary road and restore the area to its former condition. Mr. Rose said in reference to environmental consequences, it has been recommended that this is a Type II action, requiring no further action under SEQRA. Mr. Rose then discussed the improvements that will be made regarding the width of the road. A discussion followed regarding the homes that back onto the property, the concern that everyone abutting the property should be notified, the bus drop-off activity and the different courses of the club. Mr. Rose explained that the system to be used will be a shuttle system, which will be marshalled by those retained to do so and police personnel. He said that the road is a service road, approximately 10 ft. wide. Mr. Darsky said he would like to know from a legal perspective that the modifications being made would not classify the street as something that the Town would have to maintain. Mr. Altieri said it is not a dedicated Town road, as it is only an access driveway into Winged Foot. A discussion ensued. Ms. Aisen asked which road will be improved permanently? Mr. Rose indicated that only Wesleyan Avenue will have permanent improvements. The road for which he seeks approval is temporary. Ms. Reader asked if there were any further questions from the audience. Planning Board January 8, 1997 © Page 12 Mr. Maker said the notification was sent to the Westchester County Department of Planning for their comments. Ms. Gallent said a letter was received from the Westchester County Planning Board, which indicates that this is a matter for local determination. A discussion ensued regarding curbing, life expectancy of the road, installation and removal of the road, traffic, and the coordination of activities. Ms. Reader again asked if there were any further questions from the audience. There being none, on a motion was made by Dr. Mason, seconded by Mr. Darsky, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On a motion made by Ms. Harrington, seconded by Dr. Mason, the following certification was unanimously approved: WHEREAS, William A. Rose, Jr., Vice President of WINGED FOOT GOLF CLUB has submitted an application for Site Plan Approval for a temporary access road to be located at 851 Fenimore Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347 Lot 1 ; and WHEREAS, the Planning Board has determined that the proposed action is a Type II action under SEQRA; accordingly, no further action is required under SEQRA; 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 members of the public, and Public Hearings have been held pursuant to notice on January 8, 1997; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby granted for the application submitted by William A. Rose, Jr., Vice President of Winged Foot Golf Club, subject to all terms and conditions set forth herein: I. General Requirements A. All site work, landscaping, storm water drainage and treatment systems shall be in accordance with the Site Plan, dated October 1, 1996, for a temporary road. B. The crushed stone portion of the temporary road will be restored to a seeded condition by October 30, 1997. II. Special Requirements A. Water Retention and Drainage This approval is subject to final approval of drainage plans by the Town's Consulting Engineer. B. Erosion and Sediment Control - (During Construction) 1. Erosion and sedimentation control plans shall be based on the standards presented in the Town of Mamaroneck Soil Erosion and Sediment Control Law. 2. The control plan shall include a construction timetable and an inspection schedule. Planning Board January 8, 1997 Page 13 Ms. Reader read the next application. PUBLIC HEARING - SPECIAL USE PERMIT - WOK II - George Poline/Tai Poo Wang - 2423 Boston Post Road - Block 505 Lot 463 Ms. Reader asked if the applicant was present. There was no one present. After some discussion regarding the application, the matter was adjourned until the next meeting. Ms. Reader read the next application. CONSIDERATION-SPECIAL USE PERMIT-M&R ARCADE CORP. - 1265 Boston Post Road- Block 412 Lot 449 Ms. Reader read a letter to the Board received by the Building Department 3:00 p.m. this date from M&R Arcade Corp. requesting an adjournment. After some discussion, the matter was adjourned until the next meeting. NEXT MEETING The next meeting of this Board will be held on February 12, 1997. ADJOURNMENT On a motion duly made and seconded, the meeting was unanimously adjourned at 9:40 p.m. 146 /727 a:, &,. /C-A Marguerite R , Recording Secretary