HomeMy WebLinkAbout1991_06_12 Planning Board Minutes (2) CMINUTES OF THE REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
JUNE 12, 1991, IN THE COURTROOM, 'TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Sanford A. Bell, Chairman
Jerry R. Donatelli
David J. Freeman
Patricia Latona
Alan P. Murray
James J. Romeo
Absent: Norma Jacobson
Also Present: Lee A. Hoffman, Jr. , Town Counsel
Gary Trachtman, Consulting EnginePr
Claudia Ng, Environmental Coordinator
Shirley Tolley, CZMC
Lisa Parrilla, Public Stenographer
Carbone, Kazazes & Associates
111 N. Central Park Avenue
Hartsdale, NY 10530
::) Bonnie M. Burdick, Recording Secretary
CALL TO ORDER
The meeting was called to order by Chairman Bell at 8:29 PM. He stated
that he would take the agenda items out of order. The second agenda item
(Further Consideration of Subdivision Application - Mr. and Mrs. P.
McCarthy, 26 Bonnie Way, Block 121 Lot 398) , at the request of Mr.
McCarthy, was adjourned until the next meeting as the applicant was not
ready to make his presentation to the Board.
PUBLIC HEARING - SUBDIVISION APPLICATION, CONSIDERATION OF SEQRA
Mr. D. Kettig, 10 Byron Lane, Block 121 Lot 398
Appearing were David Kettig and Steve Fein, the principals, and Robert
Pollack, Mr. Fein's architect.
On motion by Mrs. Latona, seconded by Mr. Romeo, it was unanimously
RESOLVED, that the Public Hearing be, and hereby is, declared
open.
The Public Stenographer was present for this application and her
transcript will become a permanent part of this record.
On motion by Mr. Donatelli, seconded by Mr. Murray, it was unanimously
411)
RESOLVED, that the Public Hearing be, and hereby is, declared
closed.
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June 12, 1991
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CAt the previous meeting, the issue which had halted consideration of
SEQRA had been blasting. Mr. Pollack stated that he would like the option
to lay sewer and water lines using explosive means of dealing with rock.
Mr. Romeo stated that trench blasting could cause more damage then
"popping for the basement" and that by on-site subsurface investigation
and examinations of pipes through manholes when construction was begun,
the builder could determine whether blasting would be necessary. The
principals agreed to the prohibition of blasting in the subdivision
approval with the understanding that Mr. Fein could return to this Board
and apply for an amended approval should the situation warrant.
Mr. Trachtman had stated, by letter, several recommendations concerning
the proposal submitted showing a building envelope on the subdivided
property. Said letter will become a part of this record. Noted were:
1) A need to change the location of the drywell; 2) A suggestion as to
the type of material to use around the drywell; 3) A reminder of the
requirement for the Consulting Engineer to make the necessary
governmental agency notifications concerning sewer services and drinking
water should the Board grant the subdivision; 4) A requirement to post
a bond for a street-opening; 5) A requirement for a zoning variance for
the driveway as shown on the proposed plan; and 6) A recommendation to
remove rock by mechanical means as the site is on a ledge and close to
adjacent hou ses.
Mr. Fein stated that the building envelope or "box" depicted was a
Ask drawing of what was allowed for the zone district and that it was likely
that the actual plans would be for a smaller house.
On motion of Mr. Romeo, seconded by Mrs. Latona, it was unanimously
RESOLVED, that this is a Type II action having no significant
impact on the environment as determined by New York State or
corresponding local law, therefore requiring no further action
under SEQRA.
On motion of Mr. Murray, seconded by Mrs. Latona, the following
resolutions were unanimously adopted:
WHEREAS, David J. Kettig 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 Hering on the application for
final subdivision approval on June 12, 1991 and;
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June 12, 1991
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CNOW, THEREFORE, BE IT RESOLVED, that final subdivision is hereby
granted to David J. Kettig, pursuant to his application and
subject to all terms and conditions set forth below:
I. General Requirements
All curbs and curb cuts shall be performed and
installed in accordance with the latest standards
and specifications in force at the time when work
is started and in accordance with the approved
plan, particularly with respect to the final
subdivision plan, prepared by Edward G. Mihalczo,
LS, dated April 26, 1991 and site development plan
prepared by Robert William Pollack, RA, dated May
29, 1991.
II. Compliance with SEQRA
A. 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
CAssessment 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 drywell location shall be off the proposed
driveway/parking area location, immediately to
the Southwest.
B. Building Envelopes and Specific Drainage
Requirements
Prior to any construction, specific on-site
soil investigations shall be conducted on each
lot and the areas of the proposed driveways.
The findings shall be discussed with the
Consulting Engineer with a view toward
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designing proper mitigating measures to
control the ground water (footing drains for
foundations/underdrains for driveways) .
Recommendations of the Consulting Engineer
shall be determinative.
June 12, 1991
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C. Erosion and Sedimentation Control - (During
Construction)
1. Erosion and sedimentation control plans should be
based upon the standards presented in the
"Westchester County Rest Management Practices"
manual for construction-related activities and
the standards set forth in the "New York State
Department of Environmental Conservation Erosion
and Sediment Control Guidelines for New
Development", dated 1991.
2. The control plan shall include a construction
timetable and an inspection timetable.
3. The building lot must be approved by the
Consulting Engineer.
D. Trees
With respect to construction of the residence,
driveway, etc. on the building lot, there must be
compliance with the Tree Preservation Law of the
Town of Mamaroneck before a building permit is
issued.
AW
E. Blasting
There shall be no blasting with respect to any
construction on the subdivided lot. All rock
removal shall be by mechanical means.
F. Required Documents and Inspections
1. The applicant shall provide one Mylar
reproducible set of approved drawings to the Town
and one set 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 connections
prior to the granting of a Certificate of
Occupancy for any residence.
CONSIDERATION OF SUBDIVISION APPLICATION - B. Beringer
Fenimore Rd. and Fenbrook Dr.
Block 302 Lot 85
4::4; Appearing were Bruce Beringer and his attorney, Garrison Corwin.
Permission was being sought to divide one lot with a house into two lots.
The house with a lot would be 75,000 feet, and the building lot would be
48,140 square feet in an R-30 zone district. A driveway easement of 25
feet exists on the Fenimore side of the property. Frontage of 150 feet
is required in an R-30 zone, but Mr. Corwin stated that the
dr
June 12, 1991
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CBuilding Inspector takes a position that it is possible to average the
width and depth when there is sufficient frontage. In this case one lot
would have frontage of over 125 feet and one would be somewhat less than
125 feet.
Mr. Corwin stated that, with modifications, it would be possible to build
four houses on this land and that this plan would perpetuate large lots.
He stated that there are neighboring lots which are flag lots.
The northwest corner of the plan showed a triangle of 3,359 square feet
which Mr. Beringer intends to convey to Mr. Lynton should the subdivision
be allowed. This triangle is adjacent to a pond on Mr. Lynton's
property.
In response to Mrs. Latona's question regarding the distance of the
property from the East branch of the Sheldrake River, Mr. Corwin stated
that an edge of the property is 72 feet fruit the river but that water
from the property does not drain into it. Mr. Hoffman stated that the
building envelope shown was not within 100 feet of the Sheldrake. Mr.
Trachtman stated that the review concerning a Freshwater Wetlands Permit
could be made at the time a Building Permit was sought. He did speculate
that the property may be in the 100-year flood plain. There is now
datum available as a result of Malcolm Pirnie's hydrological studies
concerning the country club rezoning proposal.
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The plans for the subdivision showed many outcroppings. Mr. Corwin
stated that these rocks add to the attractiveness of the property. Mr.
Beringer's house is built on rock with a partial basement between rock.
Mr. Corwin stated that the answers to the open questions, Nos. 2, 4 and
5, on the environmental form submitted were all "no". He will submit a
revised form.
There were questions concerning the type of action under SEQRA that this
matter would be. Therefore, on motion of Mrs. Latona, seconded by Mr.
Donatelli, it was unanimously
RESOLVED, that the Planning Board is the Lead Agency and solely
responsible for determining whether the proposed action may have a
significant impact on the environment.
CONSIDERATION OF SITE PLAN APPLICATION - Saturn Auto Dealership
1380 Boston Post Road
Block 3492 Lot 8--
-co a
David Burde, architect, appeared on behalf of the application This site
is one of several which his client is considering. The proposal was to
establish a "satellite" dealership where new vehicles would be displayed
and delivered. There would be 35 parking spares. Some fencing is
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anticipated.
Mr. Hoffman stated that it appeared that this site is in a "B" Zone in
which the sale of new or used cars is prohibited. Therefore, the
applicant would have to seek a use variance from the Zoning Board. Mr.
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June 12, 1991
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CHoffman stated that this application was incomplete. Among other
details, this Board would want drawings to be submittri which would
show fences and lighting.
On motion of Mrs. Latona, seconded by Mr. Murray, it was unanimously
RESOLVED, that the Planning Board is the Lead Agency and solely
responsible for determining whether the proposed action may have a
significant impact on the environment.
AND IT IS FURTHER RESOLVED, that this is a Type 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.
CONSIDERATION OF ANT 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 this application. He stated that a
mistake had been made in placing the driveways for 5 and 7 Boulder
Circle. The error was made in "sincere ignorance". The plans for the
subdivision, which is a smaller part of the FenbLouk subdivision, had
been approved by the Planning Board prior to Mr. Rios' involvement.
The driveway plan had been annotated in this Board's minutes and on the
subdivision deed but were not shown on any plan. Mr. Rios had
consulted the Building Inspector when the latter was new on the job.
They chose a site which had good sight lines and seemed appropriate to
them. Trees were planted and the driveways laid out, but the approved
plan was not followed.
For the past six months there has been a common driveway which leads 10
feet from the curb cut to a paved area on 7 Boulder Circle. Another
driveway runs fr•m that area to the house at 5 Boulder Circle. Mr.
Rios sought permission to leave the existing trees and driveways as
built. He felt that it was a safer, more esthetically pleasing
configuration.
Mr. Bell, Mr. Romeo and Mrs. Latona expressed their displeasure that
four-months work by this Board was ignored.
Upon questioning by Mr. Hoffman, the applicant stated that he was
willing to reconstruct the driveways in accordance with the subdivision
approval conditions. However, the applicants felt that the "as-built"
driveways had advantages and asked the Planning Board to view the site.
On motion of Mr. Donatelli, seconded by Mrs. Latona, it was unanimously
CRESOLVED, that this Board hereby sets Wednesday, July 10, 1991 at
8:15 P.M. as the date and time for a Public Hearing on the
application of 85 Lincoln Corporation; and be it
June 12, 1991
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FURTHER RESOLVED, that the Board Secretary is hereby authorized to
publish the Notice of said Public Hearing in the Official
Newspaper of the Town of Mamaroneck.
APPROVAL OF MINUTES
On motion of Mr. Murray, seconded by Mr. Donatelli, the minutes for May
8, 1991 were approved as corrected. The proper quorum was not present
to approve the March minutes.
CONSIDERATION OF DGEIS
Mr. Hoffman presented the Board with its copy of the Draft Generic
Environmental Impact Statement study prepared by Ferrandino and
Associates for the proposed zoning change for the country club
properties. Malcolm Pirnie had prepared new hydrological studies for
these properties as well. Prior to final consideration by the Town
Council of the zoning change, the Planning Board must make a report to
it. Mr. Bell took the report to begin the process of studying. The
order of circulation is: Bell, Freeman, Romeo, Donatelli, Murray,
Latona, Jacobson. Written comments are due July 15th. (Since this
meeting was held, the date was changed to August 2nd.)
ADJOURNMENT
On motion of Mr. Freeman, seconded by Mr. Murray, the meeting was
adjourned at 11:40 PM.
Aeyi.17/,,e;€
Bonnie M. Burdick
0
CO Town of Mamaroneck
County of Westchester
Town Offices: 740 West Boston Post Road, Mamaroneck, NY 10543-3319 914/381-6130
Office of the Planning Board May 28, 1991
DICE OF MEETING
The next regular meeting of the Planning Board of the Town of Mamaroneck
will be held on June 12, 1991 at 8:15 PM in the Courtroom, 740 West
Boston Post Road, Mamaroneck, New York.
AGENDA
1. Public Hearing - Subdivision Application; Consideration of
SDI - Mr. D. Rettig, 10 Byron Lane, Block 121 Lot 398
2. Further Consideration of Subdivision Application - Mr. and
Mrs. P. McCarthy, 26 Bonnie Way, Block 121 Lot 398
3. Consideration of Subdivision Application - B. Beringer,
Fenimore Road and Fenbrook Drive, Block 302 Lot 85
4. Consideration of Site Plan Application - Saturn Auto
Dealership, 1380 Boston Post Road, Block 409 Lot 194
5. Consideration of Amendment to Armour Subdivision -
85 Lincoln Corporation - 5 Boulder Circle, Block 309
Lot 3, 7 Boulder Circle, Block 304 Lot 1803
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Bonnie M. Burdick, Secretary