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HomeMy WebLinkAbout1993_05_12 Planning Board Minutes (2) MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 12, 1993, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford Bell, Chairman Jerry Donatelli Gabriel Fay Norma Jacobson � "� '�� .® Edward Gonye JU1 to Alan Murray 1993 PATRICIA A DiC10CC10 TOWl4 CLERK N.V. Absent: Sal Iacono MmuRONECK Also Present: Elaine Price, Deputy Supervisor Stephen V. Altieri, Town Administrator Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Marci Dustin, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:20 PM. CANCELLATION OF PERFORMANCE BOND - Fenbrook Subdivision (Fenbrook Drive Evergreen Lane and Boulder Circle) Block 309 On motion of Mr. Donatelli, seconded by Mr. Murray, 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. On motion of Mr. Murray, seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. William Maker, attorney, appeared on behalf of this application. He stated that he had appeared before the Town Board on March 17, 1993 to request cancellation of the bond, and according to statute, was requesting cancellation from this Board. Mr. Trachtman stated that the developers had met the Town's requirements. On motion of Mr. Donatelli, seconded by Mr. Fay the following resolutions were unanimously adopted. Planning Board May 12, 1993 -2- WHEREAS, on July 18, 1990 the Town Board of the Town of Mamaroneck resolved to take title to the streets and the public improvements located within the Fenbrook subdivision subject to two conditions; and WHEREAS, the two conditions contained in the Town Board's resolution have been met; and WHEREAS, the streets and the public improvements within the Fenbrook subdivision have been completed and maintained to the satisfaction of the Consulting Engineer to the Town, the Building Department and the Town Highway Department; and WHEREAS, to insure that the streets and the public improvements had been built properly, the developer, Fenbrook Associates Limited Partners posted a performance/maintenance bond; and WHEREAS, on March 17, 1993 the Town Board of the Town of Mamaroneck enacted a resolution pursuant to Subparagraph 1 of Section 277 of the New York Town Law in which it approved the cancellation of the performance/maintenance bond on condition that this Board (a) conduct a Public Hearing to consider the propriety of cancelling the bond and (b) decide, after hearing the presentation to be made at the hearing, that the cancellation of the bond is appropriate; and WHEREAS, on May 12, 1993, this Board conducted a Public Hearing pursuant to Subparagraph 1 of Section 277 of the New York Town Law for the purpose of discussing whether the bond ought to be cancelled; and WHEREAS, at the Public Hearing the Developer appeared by its attorney who spoke in favor of cancelling the bond; and WHEREAS, no member of the public objected thereto; and WHEREAS, by a motion duly made, seconded and approved, the Public Hearing was closed. NOW, THEREFORE BE IT RESOLVED, that the Planning Board of the Town of Mamaroneck hereby approves of the cancellation of the performance/maintenance bond posted by Fenbrook Associates Limited Partners; and it is further RESOLVED, that upon presentation of a copy of this resolution to the surety of the performance/maintenance bond, the surety shall be allowed to cancel the bond immediately without any notice to the Town of Mamaroneck or any agency, department or board thereof. Planning Board May 12, 1993 -3- CONSIDERATION OF SPECIAL PERMIT APPLICATION - Citipark Service Center- 2 Valley Place (613 Fifth Avenue) - Block 131 Lot 1 Thomas Gubin, president of the corporation, appeared. He stated that there were no existing gasoline tanks underground now and that the facility was a private maintenance garage for a taxi company. Mr. Gubin also stated that oil waste is removed by a special company and that, at the Building Department's request, dry wells had been sealed. Hours of operation are 8 AM to 7 PM on weekdays and from 8 AM to 1 PM on Saturdays. Mr. Trachtman stated that it was the intention to declare that no site plan review was necessary as this situation involves a continuation of an existing use . On motion of Mr. Fay, seconded by Mr. Donatelli, it was unanimously 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 II Action having no significant impact on the environment as determined by New York State or corresponding local law; and it is FURTHER RESOLVED, that this Board hereby sets Wednesday, June 9, 1993 at 8:15 PM as the date and time for a Public Hearing for the application of Citipark Service Center for a Special Permit; and be it FURTHER RESOLVED, that the Board Secretary is herby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. CONSIDERATION OF SPECIAL PERMIT APPLICATION - Solac Realty Corp. (formerly Northville gas station) - 2517 Boston Post Road No one appeared for this application. Mr. Silverberg suggested that input was needed from the applicant as the addition of the sale of food is proposed. Therefore, it was not possible to set this matter down for a Public Hearing without further information. Mr. Bell adjourned this matter to the next meeting. APPLICATION FOR FRESH WATER WETLANDS AND WATER COURSES PERMIT - Lorraine Quittman - Marbourne Drive (unimproved lot) Block 330 Lot 350.11 Bill Bricklemeir, of Insite Engineering, appeared with Mrs. Quittman. The property backs up on the Westchester County Saxon Woods Park and is part of the Old Road Development which has been previously acted on by this Board. Planning Board May 12, 1993 -4- Mr. Trachtman stated that it was his opinion that the strictures of the Town's new law concerning surface water and erosion control and the SEQRA review previously made for this area along with the usual supervision by the Building Department were reasons to waive a Public Hearing. Mr. Bell disagreed, stating that in the past interested neighbors had respond to such hearings and that having one was a protection for the applicant. The lot has a swale which Mr. Trachtman is concerned about, and the long environmental form needs amending as an incorrect statement was made. Mr. Trachtman will need more details before a Building Permit can be issued. Mrs. Quittman stated that no neighbors will be impacted as their houses are on higher ground. On motion of Mr. Murray, seconded by Mr. Donatelli, it was unanimously 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 which may have 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; and be it RESOLVED, that this Board hereby sets Wednesday, June 9, 1993 at 8:15 PM as the date and time for a Public Hearing for the application of Lorraine Quittman for a Fresh Water 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. APPLICATION FOR FRESH WATER WETLANDS AND WATER COURSES PERMIT - Bruce and Jenny Brovender - 19 West Brookside Drive - Block 217 Lot 810 Greg McWilliams, architect, and Mrs. Brovender appeared. Mr. McWilliams stated that it is the applicants' desire to add on to their three-bedroom house on the ground floor. The level of most of the property is Elevation 60, and some of it is at Elevation 56. The house is 32 feet off of the ground. The addition is 240 square feet. Dry wells will be added. Mr. McWilliams stated that existing drainage will not need to be changed; nor will a zoning variance be needed. Mr. Trachtman expressed his approval of the application and stated that the FWWP bond would cover the surface water controls as well. Planning Board May 12, 1993 -5- On motion of Mr. Donatelli, seconded by Mr. Murray, the following resolutions were unanimously adopted. WHEREAS, Dr. and Mrs. Bruce Brovender have applied for a permit for the premises at 19 West Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Lot 810 pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II action and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 88-6(D), that the activity proposed is of a minor nature and is compatible pursuant to 6NYCRR 665.7; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. 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; 3. 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; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law #7 of 1986 be, and hereby is waived; and BE IT FURTHER RESOLVED, that the application of Dr. and Mrs. Brovender for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. This permit is personal to the applicants and may not be transferred to any other individual, entity or a combination thereof; Planning Board May 12, 1993 -6- 2. All debris is to be removed prior to the completion of the project. Construction must be in accordance with the requirements of the Town Flood Damage Prevention Code. 3. During construction, in consultation with the Consulting Engineer and the Building Department and in accordance with the Surface Water Erosion and Sedimentation Control Law, silt fences and hay bales shall be installed between the construction and the Sheldrake River. 4. Work involving site preparation shall only take place from Monday through Friday between the hours of 8:30 AM and 4:30 PM. 5. A cash deposit or bond for $2,500 shall be furnished to the Town by the applicants to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 6. The applicant shall submit a survey showing the elevations in USGS datum of the existing grades, the first floor of the existing residence and the proposed addition. 7. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs. PUBLIC HEARING - Modification of Final Site Plan - Town of Mamaroneck - Hommocks Park Apartments - Block 411 Lot 169 Bradford Perkins, architect for the project, appeared. He stated that the utilities had been located and sized, that the open space requirements were being met and that the slopes of the sidewalk conform to the law for the disabled. Mr. Trachtman stated that a water quality structure is being installed and that the sewage will be removed to two sewers by pump and gravity. Plans for water service were prepared with the Westchester Joint Water Works and meet its requirements. On motion of Mr. Murray, seconded by Mr. Donatelli, 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. On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. On motion of Mrs. Jacobson, seconded by Mr. Gonye, the following resolutions were unanimously adopted. Planning Board May 12, 1993 -7- WHEREAS, the Town of Mamaroneck has submitted an application for an amended Site Plan Approval for the construction of apartments located at 1361 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Lot 169; and WHEREAS, the Planning Board has been designated lead agency and has conducted and completed proceedings pursuant to SEQR; and WHEREAS, the Zoning Board has previously granted variances regarding the increase in ground coverage, the use of 11 off-street parking spaces , the use of an off-street parking lane without a loading zone and the construction of a four-bedroom, senior-shared occupancy unit; and WHEREAS, the Board of Architectural Review has indicated its approval of the design; and WHEREAS, the Planning Board has reviewed all of the submissions by, and on behalf of, the applicant, all correspondence from Town officials, the Town Fire Department, the Consulting Engineer to the Town, and the Coastal Zone Management Commission and members of the public, and a Public Hearing having been held pursuant to notice on May 12, 1993; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby granted for the amended application submitted by the Town of Mamaroneck subject to all terms and conditions set forth in the Site Plan Approval granted October 14, 1993. DISCUSSION Mr. Trachtman explained the memo concerning parking from the Environmental Coordinator at the proposed bus storage site at 613 Fifth Avenue. (Following the meeting said application was withdrawn. ) APPROVAL OF MINUTES. On motion of Mr. Fay, seconded by Mr. Donatelli, the minutes of February 10, 1993 were unanimously approved. ADJOURNMENT On motion of Mr. Murray, seconded by Mrs. Jacobson, the meeting was adjourned at 9:30 PM. Bonnie M. Burdick