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HomeMy WebLinkAbout1995_07_12 Planning Board Minutes (2) MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 12, 1995, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn Reader, Chair 9 x0 Richard Darsky ob Linda Alan Murran RFCF/VE''C. Alan Mason AUG �► PATRICIA AA 1995 Absent: C,briel Fay M�A CD R/000 Edward GonyeRN� N.Y. CK Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Lori Fletcher, Public Stenographer Kazazes and Associates Suite 24, 250 East Hartsdale Avenue Hartsdale, NY 10536 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Mrs. Reader at 8:30 PM. APPROVAL OF MINUTES On motion of Mrs. Reader, seconded by Mrs. Harrington, the minutes for June 7, 1995 were unanimously approved, 4-0. On motion of Dr. Mason, seconded by Mr. Darsky, the minutes for the meeting of June 22, 1995 were unanimously approved, 4-0. PUBLIC FEARING - Subdivision - Robert F. Svoboda - 1152 Old White Plains Road - Block 340 Lot 295. On motion of Mr. Darsky, seconded by Mrs. Harrington, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. William Maker, Jr., attorney, appeared with Mr. Svoboda. He stated that the application was taking a mid-course direction and that his client had decided to pursue the alternate plan presented at the past meeting with a new curb cut off of Old White Plains Road. He presented photographs of the area and explained how the property would be divided and showed where a driveway would be placed. Planning Board July 13, 1995 -1- Mr. Maker stated that the property would be totally conforming and that the application had been before the CZMC and found to be not inconsistent with its policies. He stated that the utilities would be brought in from Old White Plains Road as shown on the drawings. Dolores Battalia, attorney, appeared on behalf of Alice Bronfman of 1158 Old White Plains Road. She stated that runoff has been a problem to her client and that new construction has caused scene of these problems. Mr. Maker stated that the existing house on Lot #1 of Plan #2 would be a one-family residence with no accessory unit. Mr. Silverberg stated that a condition for subdivision approval could be a requirement for the plat to state that filing for a Surface Water, Erosion and Sedimentation Control Permit was necessary for building. On motion of Mrs. Harrington, seconded by Mr. Darsky, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mrs. Harrington, seconded by Mr. Darsky, it was unanimously, by a vote of 4-0 RESOLVED, that consistent with social, economic, and other essential considerations of State policy, to the maximum extent practicable from reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form; and it is FURTHER RESOLVED, that all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms, and addendum thereto, and all special requirements and modifications set forth herein; and it is FURTHER RESOLVED, that this Board finds, this matter to have no substantial environmental impact and directs the filing of a Negative Declaration. On motion of Dr. Mason, seconded by Mr. Darsky, the following resolution was unanimously approved by a vote of 4-0. WHEREAS, Robert F. Svoboda has submitted an application for Final Subdivision Approval in proper form and complying with all requirements of the Town, other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and Planning Board July 13, 1995 -2- WAS, this Board held a Public Hearing on the application for Final Subdivision Approval on July 12, 1995; WHEREAS, the applicant has withdrawn the request that the Board consider the alternative plan and has requested approval of a conventional two-lot subdivision. NOW, THEREFORE, BE IT RESOLVED, that Preliminary Subdivision Approval is hereby granted to Robert F. Svoboda pursuant to his application and subject to all terms and conditions set forth below: I. General Requirements All curbs, suitable monuments, water mains, storm drains, sanitary sewer facilities and street trees shall all be installed in accordance with the latest standards and specifications in force at the time work is started in accordance with the approval plan, particularly with respect to the Preliminary Subdivision Plan, prepared by Richard A. Spinelli, dated July 24, 1989, last revised May 31, 1995. II. Compliance with SEOR A. Consistent with social, econamic, and other essential considerations of State policy, to the maximum extent practicable from the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form; and B. All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms and addendum thereto and all special requirements and modifications set forth herein. III. Special Requirements A. Water Retention and Drainage The applicant rmiSt provide dry wells or other retention facilities on the site so that the rate of runoff fran the property is not increased after construction. Such plans, including the percolation chambers, shall be reviewed by the Consulting Engineer to the Town and the Building Inspector and their determination shall be conclusive B. Erosion and Sedimentation Control - (During Construction) Erosion and sedimentation control plans should be based upon the standards presented in the "Westchester County Best Management Practices" manual for Planning Board July 13, 1995 -3- construction-related activities, the New York State Department of Environmental Conservation standards (1990) , and the Town of Mamaroneck's Soil Erosion and Sedimentation Control Law. C. Trees Compliance with the Tree Preservation Law of the Town of Mamaroneck is required before a Building Permit shall be issued. D. Required Documents and Inspections 1. The applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Consulting Engineer to the Town. 2. The applicant shall submit to the Town one Mylar reproducible and four copies showing the "as-built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residence to be constructed. 3. Access to both lots and all utilities shall be from Old White Plains Road. 4. The final plat shall have a notation of the requirement of compliance with the Surface Water, Erosion and Sediment Control Law of the Town of Mamaroneck. CONSIDERATION OF SPECIAL PERMIT - Solac Realty Corp. - (MAX Gasoline Station) - 2517 Boston Post Road - Block 504 Lot 101. Ina Bernstein appeared representing the owner of the property whose tenant is the gas station. She stated that the firm requests a new Special Permit with the only change being a request that the gas station be open 24 hours. Joseph Cassese of Dino Oil Company appeared also. He stated that a new tenant was buying gas frcan his many and had changed the name of the gasoline to MAX. Current hours are 6 AM to 10 PM. Mr. Darsky stated that he wanted the tenant to appear to request longer hours. Dr. Mason noted that the BP station in Mamaroneck Village is open twenty-four hours. Mrs. Bernstein stated that Gerald Hacker is the principal in her many and is located on the West Coast. On motion of Dr. Mason, seconded by Mr. Darsky, it was unanimously, by a vote of 4-0, RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed Planning Board JUly 13, 1995 -4- action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA; and it is On motion of Mr. Darsky, seconded by Mrs. Harrington, it was unanimously by a vote of 4-0, RESOLVED, that this Board hereby sets Wednesday, August 9, 1995 at 8:15 PM as the date and time for a Public Hearing for the application of Solac Realty for a Special Permit; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. CONSIDERATION OF FRESH WATER WETLANDS PERMIT - Mr. and Mrs. Terence Toal 11 Fenbrook Drive - Block 309 Lot 6. Mr. Toal appeared with his lawyer, William Maker, Jr., and his architect, Mark Mustacato. Mr. Maker reminded the Board that Mr. Toal is building a house in the Fenbrook development. The permit request is for connection to the sanitary sewer which will require a temporary blockage of the stream. Mr. Mustacato stated that the sewer pipe will go through the culvert and through the stream. It will connect with the trunk line which was installed in 1985-1986. Mr. Mustacato stated that he had contacted the State Department of Conservation who responded that the branch of the Sheldrake in question is a Class C Stream requiring no permit from the DEC. He stated that the work should be done in a day and that the conditions in the Sumner will make it easier. Hay bales will be placed and a diversion of the stream placed. An excavation six feet wide, six feet down will be made and the joints of the pipe, extra heavy cast iron, will be encased in K-crete. Eighteen inches of soil will be put over the pipe. The "O" rings will be force fitted. Mr. Trachtman suggested encasing the entire pipe in K-crete and requested a more detailed drawing of the profile On motion of Mrs. Harrington, seconded by Dr. Mason, by a unanimous vote of 4-0 it was RESOLVED, that the Planning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type I Action having a significant impact on the environment as determined by New York State or corresponding local law; and it is Planning Board July 13, 1995 -5- FURTHER RESOLVED, that this matter be referred to the Coastal Zone Management Commission for environmental review. FURTHER RESOLVED, that this Board hereby sets Wednesday, August 9, 1995 at 8:15 PM as the date and time for a Public Hearing for the application of Terence Toal for a Fresh Water Wetlands and Water Courses Permit; 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. ADJOURNMENT On motion of Mrs. Harrington, seconded by Mr. Darsky, the meeting was adjourned at 9:35 PM. Bonnie M. Burdick, Recording Sec'y MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 12, 1995, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn Reader, Chair Richard Darsky Linda Harrington Alan Murray C. Alan Mason Absent: Gabriel Fay Edward Gonye Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Lori Fletcher, Public Stenographer Kazazes and Associates Suite 24, 250 East Hartsdale Avenue Hartsdale, NY 10536 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Mrs. Reader at 8:30 PM. APPROVAL OF MINUTES On motion of Mrs. Reader, seconded by Mrs. Harrington, the minutes for June 7, 1995 were unanimously approved, 4-0. On motion of Dr. Mason, seconded by Mr. Darsky, the minutes for the meeting of June 22, 1995 were unanimously approved, 4-0. PUBLIC HEARING - Subdivision - Robert F. Svoboda - 1152 Old White Plains Road - Block 340 Lot 295. On motion of Mr. Darsky, seconded by Mrs. Harrington, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. Planning Board July 12, 1995 Page 2 William Maker, Jr., attorney, appeared with Mr. Svoboda. He stated that the application was taking a mid-course direction and that his client had decided to pursue the alternate plan presented at the past meeting with a new curb cut off of Old White Plains Road. He presented photographs of the area and explained how the property would be divided and showed where a driveway would be placed. Mr. Maker stated that the property would be totally conforming and that the application had been before the CZMC and found to be not inconsistent with its policies. He stated that the utilities would be brought in from Old White Plains Road as shown on the drawings. Dolores Battalia, attorney, appeared on behalf of Alice Bronfman of 1158 Old White Plains Road. She stated that runoff has been a problem to her client and that new construction has caused some of these problems. Mr. Maker stated that the existing house on Lot #1 of Plan #2 would be a one-family residence with no accessory unit. Mr. Silverberg stated that a condition for subdivision approval could be a requirement for the plat to state that filing for a Surface Water, Erosion and Sedimentation Control Permit was necessary for building. On motion of Mrs. Harrington, seconded by Mr. Darsky, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mrs. Harrington, seconded by Mr. Darsky, it was unanimously, by a vote of 4-0 RESOLVED, that consistent with social, economic, and other essential considerations of State policy, to the maximum extent practicable from reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form; and it is FURTHER RESOLVED, that all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms, and addendum thereto, and all special requirements and modifications set forth herein; and it is FURTHER RESOLVED, that this Board finds this matter to have no substantial environmental impact and directs the filing of a Negative Declaration. On motion of Dr. Mason, seconded by Mr. Darsky, the following resolution was unanimously approved by a vote of 4-0. Planning Board July 12, 1995 Page 3 WHEREAS, Robert F. Svoboda has submitted an application for Final Subdivision Approval in proper form and complying with all requirements of the Town, other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, this Board held a Public Hearing on the application for Final Subdivision Approval on July 12, 1995; WHEREAS, the applicant has withdrawn the request that the Board consider the alternative plan and has requested approval of a conventional two-lot subdivision. NOW, THEREFORE, BE IT RESOLVED, that Preliminary Subdivision Approval is hereby granted to Robert F. Svoboda pursuant to his application and subject to all terms and conditions set forth below: I. General Requirements All curbs, suitable monuments, water mains, storm drains, sanitary sewer facilities and street trees shall all be installed in accordance with the latest standards and specifications in force at the time work is started in accordance with the approval plan, particularly with respect to the Preliminary Subdivision Plan, prepared by Richard A. Spinelli, dated July 24, 1989, last revised May 31, 1995. II. Compliance with SEQR A. Consistent with social, economic, and other essential considerations of State policy, to the maximum extent practicable from the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form; and B. All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms and addendum thereto and all special requirements and modifications set forth herein. III. Special Requirements A. Water Retention and Drainage Planning Board July 12, 1995 Page 4 The applicant must provide dry wells or other retention facilities on the site so that the rate of runoff from the property is not increased after construction. Such plans, including the percolation chambers, shall be reviewed by the Consulting Engineer to the Town and the Building Inspector and their determination shall be conclusive B. Erosion and Sedimentation Control - (During Construction) Erosion and sedimentation control plans should be based upon the standards presented in the "Westchester County Best Management Practices" manual for construction-related activities, the New York State Department of Environmental Conservation standards (1990), and the Town of Mamaroneck's Surface Water, Erosion and Sediment Control Law. C. Trees Compliance with the Tree Preservation Law of the Town of Mamaroneck is required before a Building Permit shall be issued. D. Required Documents and Inspections 1. The applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Consulting Engineer to the Town. 2. The applicant shall submit to the Town one Mylar reproducible and four copies showing the "as-built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residence to be constructed. 3. Access to both lots and all utilities shall be from Old White Plains Road. 4. The final plat shall have a notation of the requirement of compliance with the Surface Water, Erosion and Sediment Control Law of the Town of Mamaroneck. CONSIDERATION OF SPECIAL PERMIT - Solac Realty Corp. - (MAX Gasoline Station) - 2517 Boston Post Road - Block 504 Lot 101. Planning Board July 12, 1995 Page 5 Ina Bernstein appeared representing the owner of the property whose tenant is the gas station. She stated that the firm requests a new Special Permit with the only change being a request that the gas station be open 24 hours. Joseph Cassese of Dino Oil Company appeared also. He stated that a new tenant was buying gas from his company and had changed the name of the gasoline to MAX. Current hours are 6 AM to 10 PM. Mr. Darsky stated that he wanted the tenant to appear to request longer hours. Dr. Mason noted that the BP station in Mamaroneck Village is open twenty-four hours. Mrs. Bernstein stated that Gerald Hacker is the principal in her company and is located on the West Coast. On motion of Dr. Mason, seconded by Mr. Darsky, it was unanimously, by a vote of 4-0, RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA; and it is On motion of Mr. Darsky, seconded by Mrs. Harrington, it was unanimously by a vote of 4-0, RESOLVED, that this Board hereby sets Wednesday, August 9, 1995 at 8:15 PM as the date and time for a Public Hearing for the application of Solac Realty for a Special Permit; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. CONSIDERATION OF FRESH WATER WETLANDS PERMIT - Mr. and Mrs. Terence Toal - 11 Fenbrook Drive - Block 309 Lot 6. Mr. Toal appeared with his lawyer, William Maker, Jr., and his architect, Mark Mustacato. Mr. Maker reminded the Board that Mr. Toal is building a house in the Fenbrook development. The permit request is for connection to the sanitary sewer which will require a temporary blockage of the stream. Mr. Mustacato stated that the sewer pipe will go through the culvert and through the stream. It will connect with the trunk line which was installed in 1985-1986. He noted that this connection was supposed to be done as part of the original subdivision but was not. Mr. Mustacato stated that he had contacted the State Department of Conservation who responded that the branch of the Sheldrake in question is a Class C Stream requiring no permit from the DEC. He stated that the work should be done in a day and that the Planning Board July 12, 1995 Page 6 conditions in the Summer will make it easier. Hay bales will be placed and a diversion of the stream placed. An excavation six feet wide, six feet down will be made and the joints of the pipe, extra heavy cast iron, will be encased in K-crete. Eighteen inches of soil will be put over the pipe. The "0" rings will be force fitted. Mr. Trachtman suggested encasing the entire pipe in K-crete and requested a more detailed drawing of the profile On motion of Mrs. Harrington, seconded by Dr. Mason, by a unanimous vote of 4-0 it was RESOLVED, that the Planning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type I Action having a significant impact on the environment as determined by New York State or corresponding local law; and it is FURTHER RESOLVED, that this matter be referred to the Coastal Zone Management Commission for environmental review. FURTHER RESOLVED, that this Board hereby sets Wednesday, August 9, 1995 at 8:15 PM as the date and time for a Public Hearing for the application of Terence Toal for a Fresh Water Wetlands and Water Courses Permit; 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. ADJOURNMENT On motion of Mrs. Harrington, seconded by Mr. Darsky, the meeting was adjourned at 9:35 PM. Bonnie M. Burdick, Recording Secretary