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HomeMy WebLinkAbout1990_06_13 Planning Board Minutes MINUTE'S OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMAFtONECK JUNE 13, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Steven R. Goldstein Patricia Latona Alan P. Murray James J. Romeo Absent: Jerry Donatelli Norma Jacobson Also Present: Lee A. Hoffman, Jr., Town Counsel Gary Trachtman, Consulting Engineer Paulette Gabbriellini, Ass't Town Administrator Shirley Tolley, CZMC Marci Altman, Public Stenographer Carbone, Kazazes & Associates 225 Mt. Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:20 PM. PUBLIC HEARING - SPECIAL PERMIT Town of Mamaroneck 685 Weaver Street Block 103 Parcel 5 Mrs. Gabbriellini presented the application on behalf of the Town. On motion by Mrs. Latona, seconded by Mr. Goldstein, 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 Mrs. Latona, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. The Town requested an amended Special Permit for use of the former Monroe Nursery School property for activities besides those specified in the original Special Permit granted on May 9, 1990. The latter permit June 13, 1990 -2- limited the hours of use to 7:30 AM to 6:30 PM, Monday through Friday, and the type of activities to those of a day camp and day care facility. Mrs. Gabbriellini stated that examples of alternate uses were Town-sponsored tennis and swimming lessons for children, night Town meetings and meetings or programs for outside agencies such as the L.I.F.E. Center. She stated that the Town did not feel that these additional uses would have a different impact on the neighborhood in such ways as parking or traffic. Mrs. Gabbriellini requested that the new hours of operation be fran 7:30 AM to 11 PM on weekdays and frau 9 AM to 5 PM on Saturdays and Sundays. There was no one in attendance who objected to the additional uses of the building or the proposed extended hours of operation. On motion of Mr. Murray, seconded by Mr. Romeo, the following resolution was unanimously adopted: WHEREAS, the Town of Mamaroneck 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 determined 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; BOW, THEREFORE, BE IT RESOLVED, that a Special Permit to operate a day camp and day care facility is granted to the Town of Mamaroneck 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: 1) That the proposed uses are in general harmony with the surrounding area and does not adversely impact on adjacent properties due to the traffic generated by the said use, or the access of traffic from said use onto and off of adjoining streets. June 13, 1990 -3- 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 use 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 fran 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 care 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 Services. 6) The renovations shall be done in accordance with the plans submitted. 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 Larchmont on March 16, 1990. June 13, 1990 -4- a�f CONSIDERATION OF SUBDIVISION APPLICATION - Mr. and Mrs. Paul McCarthy 52- 26 Bonnie Way Block 104 Parcel 52 Mr. McCarthy appeared with his attorney, Thomas DeRosa. Mr. DeRosa stated that it was Mr. McCarthy's intention to leave his property intact but that he wanted to return it to its original designation as two building lots when developed as part of Rockledge Estates in 1937. At that time a previous owner, Judge Gagliardi, had bought Lots 5 and 6 and built one house on one lot. The Town has treated the combined lots as one property since. In the interim the zoning requirements have changed for the neighborhood. The original plots had had 80 feet frontages and total side yards of less than 30 feet. The current zoning is R-15. The Building Inspector had requested that a proposed building plan be presented with the subdivision application. The empty lot has a large outcropping. Mark Ladner, 30 Bonnie Way, was in attendance. He stated that his house is built on part of the same outcropping and that he is opposed to permitting a house to be built on the subdivided lot. One reason that he stated was that there is a serious flooding problem on Bonnie Way from the branch of the Sheldrake River which flows behind his and Mr. McCarthy's house. Another problem for Mr. Ladner was the height of a proposed house which could be taller than his house and impinge on his privacy were it built to the allowances of the Zoning Code. Mr. Hoffman indicated that it might be possible to limit the height through a negotiated agreement and stated that it was his opinion that the Planning Board should be the lead agency because of the nature of the site. (The Sheldrake River branch is in a Critical Environmental Area.) He also informed those in opposition that they would not be noticed when Mr. McCarthy's application was again on the Planning Board's agenda. There were other neighbors who appeared in opposition. They were Bob Lindsay, 23 Bonnie Way, and Edward Hindin, 21 Bonnie Way, both of wham live across the street from the property in question. Their particular concern was the flooding that occurs on the street at times of heavy rain. The neighbors stated that water collects in a gully in front of the McCarthy and Ladner houses in heavy downpours and is collected by a culvert and storm sewer. Mr. Lindsay stated that during a storm on May 17, 1990, water came within 10 feet of Mr. McCarthy's house, flooded the street and was approaching Addee Circle. Mr. Romeo stated that it would be possible to build a house which would not interfere with such environmental concerns, and Mr. Bell stated that it was his opinion that one more house in the neighborhood would not cause significant changes in such impacts as traffic flow. It was felt that the application was not complete. The Board and its consultants requested: 1) More information concerning use of dry wells in a soggy environment; 2) The rate of drainage of such dry wells; 3) More information about the water table at the river's edge; 4) Map, June 13, 1990 -4- CONSIDERATION OF SUBDIVISION APPLICATION - Mr. and Mrs. Paul McCarthy 26 Bonnie Way Block 104 Parcel 52 Mr. McCarthy appeared with his attorney, Thomas DeRosa. Mr. DeRosa stated that it was Mr. McCarthy's intention to leave his property intact but that he wanted to return it to its original designation as two building lots when developed as part of Rockledge Estates in 1937. At that time a previous owner, Judge Gagliardi, had bought Lots 5 and 6 and built one house on one lot. The Town has treated the combined lots as one property since. In the interim the zoning requirements have changed for the neighborhood. The original plots had had 80 feet frontages and total side yards of less than 30 feet. The current zoning is R-15. The Building Inspector had requested that a proposed building plan be presented with the subdivision application. The empty lot has a large outcropping. Mark Ladner, 30 Bonnie Way, was in attendance. He stated that his house is built on part of the same outcropping and that he is opposed to permitting a house to be built on the subdivided lot. One reason that he stated was that there is a serious flooding problem on Bonnie Way frown the branch of the Sheldrake River which flows behind his and Mr. McCarthy's house. Another problem for Mr. Ladner was the height of a proposed house which could be taller than his house and impinge on his privacy were it built to the allowances of the Zoning Code. Mr. Hoffman indicated that it might be possible to limit the height through a negotiated agreement and stated that it was his opinion that the Planning Board should be the lead agency because of the nature of the site. (The Sheldrake River branch is in a Critical Environmental Area.) He also informed those in opposition that they would not be noticed when Mr. McCarthy's application was again on the Planning Board's agenda. There were other neighbors who appeared in opposition. They were Bob Lindsay, 23 Bonnie Way, and Edward Hindin, 21 Bonnie Way, both of whom live across the street fran the property in question. Their particular concern was the flooding that occurs on the street at times of heavy rain. The neighbors stated that water collects in a gully in front of the McCarthy and Ladner houses in heavy downpours and is collected by a culvert and storm sewer. Mr. Lindsay stated that during a storm on May 17, 1990, water came within 10 feet of Mr. McCarthy's house, flooded the street and was approaching Addee Circle. Mr. Romeo stated that it would be possible to build a house which would not interfere with such environmental concerns, and Mr. Bell stated that it was his opinion that one more house in the neighborhood would not cause significant changes in such impacts as traffic flow. It was felt that the application was not complete. The Board and its consultants requested: 1) More information concerning use of dry wells in a soggy environment; 2) The rate of drainage of such dry wells; 3) More information about the water table at the river's edge; 4) Map, June 13, 1990 -5- detailed measurements and topographical numbers for that part of the property across the Sheldrake River; 5) More topographical details on the planned construction site; 6) More pertinent measurements addressing the zoning code requirements for both parts of the site; 7) More detailed drawings and notes describing specified materials for the driveway, walkway and basement-utility area; and 9) Better delineation of the gully and the way water will be controlled there. Mr. Hoffman suggested that Mr. McCarthy's engineer refer to prior applications - the Fenbrook and Old Road subdivisions. Mr. Bell stated that written comments should be added to the Environmental Assessment Form and that the Board needed to inspect the site. It was decided that the members would meet there at 10 AM on June 30, 1990. 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 matter is a Type I Action having a significant impact on the environment as determined by New York State Department of Environmental Conservation or corresponding local law; and it is FURTHER RESOLVED that this matter be referred to the Coastal Zone Management Commission for environmental review. Mrs. Tolley stated that the Coastal Zone Management Commission might need to hire a professional to provide technical assistance and that she did not foresee being able to hear Mr. McCarthy's application before the July meeting of the CZMC. The application will be placed on the August agenda of the Planning Board. Mr. Bell requested that the additional information which should be given to the CZMC be circulated to this Board as well. APPROVAL OF MINUTES On motion of Mrs. Latona, seconded by Mr. Goldstein, the minutes of the meeting of May 9, 1990 were approved. ADJOURNMENT On motion of Mr. Romeo, seconded by Mr. Murray, the meeting was adjourned at 10:05 PM. . 65 d Bonnie M. Burdick