Loading...
HomeMy WebLinkAbout1991_07_10 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 10, 1991, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry R. Donatelli David E. Freeman Norma Jacobson Patricia Latona Alan P. Murray James J. Romeo Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Eileen Agnoletto, Public Stenographer Carbone, Kazazes & Associates 111 North Central Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:22 PM. He announced that he would be taking the agenda items out of order. FURTHER CONSIDERATION OF SUBDIVISION APPLICATION - Mr. and Mrs. P. McCarthy 26 Bonnie Way Block 104 Lot 52 Mr. Trachtman stated that he needed additional information about drainage from the Town but that he expected to have it by the next meeting. On motion of Mr. Bell, seconded by Mr. Freeman, it was unanimously (6-0) RESOLVED, that this Board hereby sets Wednesday, August 14, 1991 at 8:15 P.M. as the date and time for a Public Hearing on the application of Mr. and Mrs. Paul McCarthy; 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. PUBLIC HEARING - SPECIAL PERMIT- Town of Mamaroneck/Beginnings Farly Learning Center (Michelle Washington) 685 Weaver Street Block 105 Lot 5 MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK �L JULY 10, 1991, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD S L MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry R. Donatelli David E. Freeman Norma Jacobson Patricia Latona Alan P. Murray James J. Romeo Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Eileen Agnoletto, Public Stenographer Carbone, Kazazes & Associates 111 North Central Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:22 PM. He announced that he would be taking the agenda items out of order. FURTHER CONSIDERATION OF SUBDIVISION APPLICATION - Mr. and Mrs. P. McCarthy 26 Bonnie Way Block 104 Lot 52 Mr. Tidchtman stated that he needed additional information about drainage from the Town but that he expected to have it by the next mooting. On motion of Mr. Bell, seconded by Mr. Freeman, it was unanimously (6-0) RESOLVED, that this Board hereby sets Wednesday, August 14, 1991 at 8:15 P.M. as the date and time for a Public Hearing on the application of Mr. and Mrs. Paul McCarthy; 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. PUBLIC HEARING - SPECIAL PERMIT- Town of Mamaroneck/Beginnings Early Learning Center (Michelle Washington) 685 Weaver Street Block 105 Lot 5 July 10, 1991 -2- On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously (6 - 0) RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion by Mrs. Latona, seconded by Mrs. Jacobson, it was unanimously (6-0) RESOLVED, that the Public Hearing be, and hereby is, declared cloccd. Paulette Gabbriellini appeared on behalf of the Town of Mamaroneck which has leased the former Monroe Nursery School to Beginnings Early Learning Center, Inc. Michelle Washington is the principal in the corporation and will be running a day care center at this site. The Town had received a Special Permit on May 9, 1990 for its day camp. No changes are proposed other than the change in operator. Beginnings Early Learning Center, Inc. has a three-year lease, and the building has been renovated according with State and County codes. On motion of Mr. Freeman, seconded by Mr. Donatelli, the following resolutions were adopted unanimously (6-0) . WHEREAS, the Town of Mamaroneck/Beginnings Early Learning Center, Inc. has submitted an application for a Special Permit for the use of the premises at 685 Weaver Street as a day camp, as a day care facility and for general municipal functions; and WHEREAS, the Planning Board had previously determined on May 9, 1990 when considering a similar application from the Town of Mamaroneck solely for a Special Permit that it was the Lead Agency for this action and determined that it was a Type II Action under applicable SEQRA regulations; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, Town Officials, the Consulting Engineer to the Town, and a Public Hearing having been held; NOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate a day camp and day care facility is granted to the Town of Mamaroneck/Beginnings Early Learning Center, Inc. for premises located at 685 Weaver Street, subject to the terms and conditions set forth below: A. Findings Subject to the conditions set forth in this Resolution, the Planning Board finds: July 10, 1991 -3- 1) That the proposed uses are in general harmony with the surrounding area and do not adversely impact on adjacent properties due to the traffic generated by the said uses, or the access of traffic from said uses onto and off of adjoining streets. 2) The operations in connection with the Special Permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any permitted use not requiring a Special Permit. 3) That the proposed Special Permit usP will be in harmony with the general health, safety and welfare of the surrounding area, and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. B. Special Conditions 1) The day camp/day care facility shall be permitted to operate from 7:30 AM to 6:30 PM five days a week. 2) The property shall be used for general municipal functions on Monday through Friday from 7:30 AM to 11:00 PM, Monday through Friday, and from 9 AM to 5 PM, Saturday and Sunday. 3) Traffic ingress and egress and traffic patterns on the site shall be shown on the plans filed with the Building Inspector. 4) This Special Permit is subject to termination requirements in Section 89-53 of the Zoning Code of the Town of Mamaroneck. 5) The operation of the day camp/day rare facility shall be in accordance with the applicable laws and ordinances of the Westchester County Board of Health and the New York State Department of Social Service . 7) The applicant shall provide for the record a map designating the municipal boundaries at the site, the egresses and ingresses and the parking sites. Said map shall be subject to the approval of counsel to the Planning Board. 8) Approval is subject to the continuation of the permission for the use of the southern ingress and egress and the parking area at the old pump house on the Reservoir property which was granted by the Village of Tarchmont on March 16, 1990. 9) Should Beginnings Farly Learning Center, Inc. cease to operate the day care center or should Michelle Washington cease to be the principal of said corporation, this Permit shall be void. July 10, 1991 -4- PUBLIC HEARING - AMENDMENT TO ARMOUR SUBDIVISION - 85 Lincoln Corporation 5 Boulder Circle, Block 309 Lot 3 7 Boulder Circle Block 304 Lot 1803 Virgil Rios appeared on behalf of his corporation. On motion by Mr. Donatelli, seconded by Mrs. Latona, it was unanimously (6-0) RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion by Mr. Donatelli, seconded by Mr. Murray, it was unanimously (6-0) RESOLVED, that the Public Hearing be, and hereby is, declared closed Mr. Rell reviewed the circumstances of the application - a common driveway had been built differently from the plans that this Board had approved and trees were planted accordingly. Mr. Rios had consulted the Building Inspector at the time, which was when the Building Inspector was newly employed by the Town; and there was no depiction on the filed map of this Board's decision. Mr. Rios had stated at the last meeting of this Board that he felt that the new design for the driveway was preferable but that he would redo the driveway and planting. Mr. Romeo joined the meeting at this juncture. On motion of Mr. Donatelli, seconded by Mrs. Latona, it was resolved, unanimously, to dispense with SEQR designation as said determination had been decided previously. On motion of Mr. Donatelli, 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 Robert Armour by resolution adopted May 13, 1987; and WHEREAS, 85 Lincoln Corporation has applied for an amendment to said subdivision approval relating solely to the location of driveways and driveway connections on Lots 3 and 4 of said subdivision; and QWHEREAS, the applicant has submitted an application for an amendment of final subdivision approval in proper form and complying with all other requirements of the Town, other municipal agencies, the continents of the Consulting Engineer to the Town and this Planning Board; and July 10, 1991 -5- WHEREAS, this Board held a Public Hearing on the application for a final subdivision approval on July 10, 1991; 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 Robert N. Armour be and hereby is amended; and it is further RESOLVED, that the driveways on Lots 3 and 4, as shown on "Location Survey on Properties of 85 Lincoln Corporation" referring to File Map No. 22806, be and hereby are approved; and it is further RESOLVED, that Condition No. D3 (joint driveways) in the final subdivision approval, dated May 13, 1987, be and hereby is deleted; and it is further RESOLVED, that the applicant shall provide one mylar reproducible and four copies showing the "as built" conditions for the driveway, sewer, gas and water connections, prior to the granting of a Certificate of Occupancy for any residence on Lots 3 or 4. FURTHER CONSIDERATION OF SUBDIVISION APPLICATION - Mr. and Mrs. Bruce Beringer Fenimore Road and Fenbrook Drive Block 302 Lot 85 Garrison Corwin, attorney, and Bruce Beringer appeared on behalf of the application which had been heard at the last meeting of this Board. The Beringer's want to divide the property into two lots, one with an existing house. The lots would be 75,000 and 48,000 square feet in an R-30 zone. An approval will be needed to allow slightly less than a 125-foot street frontage for one of the lots. Said approval may be granted by this Board in a two-lot subdivision. Mr. Corwin stated that he had read the new hydrological study and that the property is not in the 100-year flood plain. There is some of the property which is approximately 72 feet from the Sheldrake River. On motion of Mr. Romeo, seconded by Mrs. Latona, it was unanimously RESOLVED, that this is an unlisted action as determined by New York State and corresponding local law; and it is further RESOLVED that this matter shall be referred to the Coastal Zone Management Commission. Mr. Hoffman requested information about the current driveway easement for the Linton' property and stated that this Board was concerned about traffic. It was also requested of the applicant July 10, 1991 -6- that the location of this driveway and other ones on both sides of Fenimore Road be shown on the survey or plans. The applicant questioned the necessity for a "no-blasting condition". Mr. Hoffman stated that this Board has imposed conditions upon other applicants for mechanical rock removal to prevent damage to the environment and neighboring structures. He pointed out that the placement of utility and sewer lines could be affected by rock. Mr. Romeo stated that it was not unreasonable to request earth probes for rock within 15 feet of the surface in the area of the building envelope and down the path of utility construction at intervals of approximately 25 feet horizontally. Mr. Trachtman stated that he believed that the sewer is a County one; and he stated that the sewers in the Fenbrook subdivision lead into an 8 inch sewer. County approval will eventually be needed. Mr. Romeo suggested that the location of the sewer path might work better further to the East than as drawn on the plan submitted. On motion of Mr. Bell, seconded by Mr. Murray, it was unanimously resolved that this matter will be set down for further consideration of SEQR. FURTHER CONSIDERATION OF SUBDIVISION APPLICATION - R. Diforio 707 Weaver Street Block 102 Lot 181 Gabriel Senor, P.E. appeared with Mr. and Mrs. Diforio. This application had been before this Board several months ago. The request is to divide two lots from the Diforio's improved lot. Most of the latter lot lies in New Rochelle. This Board had declared itself Lead Agency under SEQR and referred this application to the CZMC. Mr. Hoffman had requested and had not been sent the easement for Arrowhead Lane which Mr. Diforio owns but which crosses the Piper property. He stated that he also needed to see a survey and the deed. Mr. Hoffman also requested information about the existing storm sewer connections on the property in question and a drain about 150 feet from Weaver Street in order to determine ownership and legal ramifications. Mrs. Tolley stated that the CZMC had suggested construction of a retention structure within an easement for Lot No. 1 because that lot would include a stream which overflows regularly. Said lot is contiguous to Tarchmont Reservoir Conservancy property. Mr. Senor stated that the sanitary sewer connections would be made by means of booster pumps in the new houses connected to a force main which would lead to a gravity main in Weaver Street. A connection to the new sewer at the Conservancy would not be C feasible. Mr. Senor submitted new drawings showing grading. Fill would be put around a large outcropping on Lot No. 2 to avoid blasting. A joint driveway is proposed for Lot Nos. 1 and 2; and there would be legal access to Arrowhead Lane for both lots as well. July 10, 1991 -7- Input is still needed from the Fire Department for information regarding apparatus accessibility. No direct referral was made. Mr. Romeo requested information concerning ownership of two catch basins at Arrowhead Lane and questioned the design of the water catchment arrangement for Lot No. 1. He stated that said lot would become filled with water coming out of the proposed cul-de-sac. At Mr. Romeo's request, Mr. Senor agreed to supply US Coast and Geodetic information regarding the property. Mr. Senor stated that he felt that percolation tests would not be fruitful. Mr. Trachtman had questions about a high coliform count which had been reported in the past as the CZMC had documented in its letter and which was attributed to an old septic system. He asked where the field was located, to whom it belongs and what will happen to it. Mr. Senor stated that he would check with the County for a record of said system and that the system would be blocked if it originates from the Diforio property. Mr. Bell stated that the Diforio application will be listed for further SEQR consideration at its next appearance FURTHER CONSIDERATION OF SEQRA AND SITE PLAN APPLICATION - Ten Grand, Inc. Boston Post Road and Weaver Street Block 410 Lots 463, 310,321, 332 and 338 Donald Mazin, attorney, appeared as of counsel for the firm of Sirlin, Sirlin and Nolletti on behalf of the applicant. Also appearing were Fred Coleman, co-ordinationg architect for Ten Grand, Inc. , Richard Rheaume, designer, and Nick Pepe, Salvatore Pepe's son. The elder Mr. Pepe founded Ten Grand, Inc. Ten Grand had drawn up another plan to enlarge the store while taking into account this Board's concerns and those of the neighbors. It had presented the new plan to the neighbors the night previous to this mooting. Mr. Coleman stated the salient features of the plan were: 1) the fence to the school will reconnect with the original one; 2) trucks will be routed on the northeast side of the shopping center where ledge rock will be removed (near Tung Hoy) to four loading docks at the back of the store; 3) traffic control will be maintained for said bays; 4) the check-out counters and entrance will be moved further Southwest which should encourage shoppers to park in the lot near the entrance; 5) the curb cuts will remain in the current places; and 6) more planting than was originally planned will be done. The main changes in the plan were possible because the applicants would use the paper street as a real road. The residential lot owned by Ten Grand would stay residential. No screening for this Clot was anticipated. Mr. Romeo requested that the zoning setbacks be shown on a plan for this lot and stated that trucks would use this lot as a street. Mr. Hoffman reminded the Board and the applicant that there is a requirement for a 10 foot buffer between commercial and residential areas. He also stated that the July 10, 1991 -8- residential lot and the commercial property are not considered to be under common ownership as they would have to have been owned by one entity at the time the ordinance was adopted. Mr. Bell requested information whether the paper street was part of a subdivision approved by the Town. He asked: What is the origin of the paper street? Where do the rights that reside in the paper street come from? Mr. Hoffman needed to research use of paper street for commercial vehicles. He also asked for a copy of an 1892 map which shows an easement there according to Mr. Mazin. Those who spoke from the audience were: Jefferson Meighan, president Howell Park Association; Steven Kronenberg, 66 Howell Avenue; Gordon Oppenheimer, 50 Howell Avenue; and William McDermott, 11 Ferndale Place. The three former speakers commended Ten Grand for improving the design and for listening to the neighbors. There were concerns about noise, noise of trucks in the early morning and late at night, the flimsiness of the fence as a noise barrier, and commercial traffic on Ferndale Place. Mr. Oppenheimer suggested a condition for the loading dock facing Weaver Street - having a time period for unloading imposed between 9 AM and 8 PM. He stated that noise from the trucks goes right up the hill. There could also be a condition, suggested Mr. Oppenheimer, prohibiting refrigerator trucks from that bay. Mr. Meighan reminded the Board about the request to have trucks park at the Home Fair lot. Mr. Kronenberg stated that the residential lot has become an eyesore. It was Mr. Meighan's contention, in agreeing with Mr. Mazin's argument concerning the paper street, that using the paper street would not set a precedent in the Town as he could think of no other paper street bordering a commercial zone. Mr. Pepe asked that the Board make its decision quickly. He stated Ten Grand does not now plan to build a house on the empty lot. In an informal poll of the Board, there were no objections to enlarging the store just some open questions which needed clarification. Mr. Hoffman stated that the Board still needs to determine whether any incursion of commercial usP into a residential zone would create a substantial environmental impact that cannot be mitigated. He also stated that he needs to decide whether the residential lot could be designated as permanent "green space." Mr. Bell set this matter down for determination of SEQRA for the next meeting and stated that he hoped this Board could be finished with this preliminary process at that time. APPROVAL OF MINUTES C On motion of Mrs. Latona, seconded by Mr. Bell, the minutes of March 13, 1991 were approved unanimously by those in attendance. On motion of Mr. Donatelli, seconded by Mr. Murray, the minutes of June 12, 1991 were approved as amended. July 10, 1991 -9- GOLF COURSE DGEIS The Board had studied the Draft Generic Environmental Impact Statement including the hydrological studies. Members discussed their reactions briefly and delegated Mr. Freeman to write its opinion. Said statement will become part of this record. ADJOURNMENT On motion of Mrs. Latona, seconded by Mr. Murray , the meeting was adjourned at 11:45 PM. /di7feliti h • 7 r a� Bonnie M. Burdick 4::) COMMENTS OF TOWN OF MAMARONECK PLANNING BOARD ON DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT FOR CONSERVATION RECREATION ZONE The Town of Mamaroneck Planning Board, having been asked by the Mamaroneck Town Board to review the Draft Generic Environmental Impact Statement (DGEIS) for the proposed conservation recreation zone, hereby offers the following comments: 1. The DGEIS appears to have addressed all major environmental issues presented by the proposed zoning amendment However, the Planning Board believes that certain of the environmental impacts of development of the golf course properties may have been underestimated in the DGEIS. Of particular concern are impacts on municipal serviris and on traffic (and ambient air quality) in the already-overcrowded Weaver Street corridor. In addition, the Planning Board believes that scenic, aesthetic, and "quality of life" considerations should not be minimized, even though they cannot be easily quantified. 2. Give the scarcity of remaining open space in the Town of Mamroneck, and the considerable environmental impacts of residential development, the Planning Board believes that there should be as little residential development as possible of f the golf course properties. Consistent with fiscal and legal constraints, the Town Board should give serious consideration to implementing the recreation alternatives (i. e. , a Recreation Zone, or operation of a public club) presented in the DGEIS. C