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1991_05_08 Planning Board Minutes
MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 8, 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 Norma Jacobson Alan P. Murray James J. Romeo Absent: Patricia Latona Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:23 PM. He welcomed David J. Freeman as a new Board member and stated that Mr. Freeman is a specialist in environmental litigation. The first item on the agenda was postponed to the end of the meeting. CONSIDERATION OF SUBDIVISION APPLICATION - Mr. and Mrs. Paul McCarthy 26 Bonnie Way Block 104 Lot 52 This matter had been before this Board previously. At that time, the Planning Board had declared itself the Lead Agency and had determined that the matter was a Type I action under SEQRA. Mr. McCarthy, in the absence of his attorney, appeared on behalf of his application. Mr. McCarthy stated that the footprint which he had been requested to provide had been changed from the last submission of his application. The proposed subdivision (which divides one property into what had originally been two lots) would create two frontages of 80' in an R-15 District. Mr. Hoffman stated that there was a possibility that a zoning variance could be required but noted that the Planning Board has the authority to allow such frontage variances when considering a subdivision. Two neighbors of Mr. McCarthy - Bob Lindsay, 23 Bonnie Way and Mark Ladner, 30 Bonnie Way - appeared. Mr. Ladner was accompanied by his attorney, Donald Mazin. Mr. Ladner and Mr. Mazin reminded the Board that © it had been concerned about the possibility of blasting. There is a large outcropping of rock on the empty lot which extends under Mr. Ladner's house. In the past, environmental concerns had been expressed as the Sheldrake River is close to the property and questions had been posed about the height of a house built on top of the rock. Mr. McCarthy MINUTES OF THE REGULAR MEETING OF THE /0c/ PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 8, 1991, IN THE COURTROOM, 'DOWN CENTER S-Z 740 WEST BOS`ICN POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry R. Donatelli David J. Freeman Norma Jacobson Alan P. Murray James J. Romeo Absent: Patricia Latona Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:23 PM. He welcomed David J. Freeman as a new Board member and stated that Mr. Freeman is a specialist in environmental litigation. The first item on the agenda was postponed to the end of the meeting. CONSIDERATION OF SUBDIVISION APPLICATION - Mr. and Mrs. Paul McCarthy 26 Bonnie Way Block 104 Lot 52 This matter had been before this Board previously. At that time, the Planning Board had declared itself the Lead Agency and had determined that the matter was a Type I action under SEQRA. Mr. McCarthy, in the absence of his attorney, appeared on behalf of his application. Mr. McCarthy stated that the footprint which he had been requested to provide had been changed from the last submission of his application. The proposed subdivision (which divides one property into what had originally been two lots) would create two frontages of 80' in an R-15 District. Mr. Hoffman stated that there was a possibility that a zoning variance could be required but noted that the Planning Board has the authority to allow such frontage variances when considering a subdivision. Two neighbors of Mr. McCarthy - Bob Lindsay, 23 Bonnie Way and Mark Ladner, 30 Bonnie Way - appeared. Mr. Ladner was accompanied by his attorney, Donald Mazin. Mr. Ladner and Mr. Mazin reminded the Board that it had been concerned about the possibility of blasting. There is a large outcropping of rock on the empty lot which extends under Mr. Ladner's house. In the past, environmental concerns had been expressed as the Sheldrake River is close to the property and questions had been posed about the height of a house built on top of the rock. Mr. McCarthy May 8, 1991 -2- stated that with the footprint submitt' i there would be no need to blast and that the house would be no higher than Mr. Ladner's house. Mr. Romeo stated that there had been concerns about the driveway and stairway construction to the proposed house holding back water in what is already a flood-prone area. He suggested installing a culvert or a half-culvert at elevation 84. Mr. McCarthy stated the Town was, in essence, asking him to deal with its sewer problems. Mr. Hoffman stated that Mr. McCarthy was not required to provide drainage for an inadequate public system. Mr. Trachtman stated that the drainage issue is significant. He noted that currently there is a swale which checks water overflow and that he could see no compensation for that area on the plan. Mr. Trachtman stated that he and the Town staff needed to do more investigation into the flooding situation. Mr. Hoffman noted that the proposed driveway is right on the property line rather than at least 5 feet off of that line. Concern was expressed about three trees of considerable size which would be likely to die should the current plan be followed. As so much time had elapsed from the date of the original submission for the subdivision, a redesignation was necessary. Therefore, on motion of Mr. Murray, seconded by Mrs. Jacobson, 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 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. Mr. Bell stated that Mr. McCarthy could be in touch with Mr. Trachtman and Town staff and, should it be necessary, could postpone his next appearance. However, the matter would be set down for the June meeting of this Board for further consideration. CONSIDERATION OF SUBDIVISION APPLICATION - D. Kettig 10 Byron Lane Block 121 Lot 398 Appearing were: the principals purchasing the property, Mr. and Mrs. David Kettig and Mr. S. Fein; representatives of the seller (the estate of Ida Drexler) , Mr. and Mrs. Arnold Schotsky; Bob Pollack, Mr. Fein's architect; real estate saleswomen and various neighbors. May 8, 1991 -3- Mr. Kettig stated that he and Mr. Fein proposed dividing lots 105 - 108 evenly and creating two 80 x 100 lots in an R-6 District. He stated such division would not require a zoning variance. Mr. Fein has told Mr. Kettig that he will construct a house in keeping with the neighborhood. Mr. Schotsky stated that there is a direct connection to the sewer from the property. Mr. Trachtman stated that he had questions about drainage as the property slopes to the rear and towards adjacent houses. He also stated that there had been rock reported on the site. Vladimir deKanel, of 15 Homer Avenue stated that the rock runs towards Orsini Drive and characterized it as a ledge. Mr. Pollack noted that sizable trees had taken root and grown on the site. Another neighbor, Alan Asher of 21 Homer Avenue, stated that there are a number of stucco and cement houses in the neighborhood which would be particularly vulnerable to cracks should blasting be necessary. He related that damage to his house had occurred in the past. The Board requested, among other information, additional facts about the site in order to determine the capability of the land to absorb water and the depth and amount of rock on the property. Requests were made for: 1) A situational map showing surrounding properties within 300 feet; 2) Results of percolation tests performed at the proposed location of dry wells; 3) Location on a drawing of trees which are 8" or larger and indications of their type and approximate size; 4) Results of rod soundings and 5) Information about the elevations of the land in relation to the rock outcropping. Mr. Bell emphasized the Board's reluctance to allow the removal of rock by explosive means and cited past instances when extreme measures, such as a supervisor at the site, had been imposed. It was the cosensu of the Board that the close proximity of houses to this lot made blasting undesirable. On motion of Mr. Romeo, seconded by Mrs. Jacobson, 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. On motion of Mr. Murray, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that this Board hereby sets Wednesday, June 12, 1991 at 8:15 P.M. as the date and time for a Public Hearing on the application of Mr. and Mrs. D. Kettig; 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 Mr. Hoffman stated that the applicant should look at the subdivision regulations carefully and should be sure that he submits the requested information and other required documents well in advance of the next meeting. May 8, 1991 -4- NEXT MEETING The next meeting of this Board will be June 12, 1991. CONSIDERATION OF AMENDMENT TO THE TOWN ZONING ORDINANCE Town of Mamaroneck Mr. Hoffman discussed the proposed amendment to the Zoning Code which would allow smaller parking spaces at a multi-family dwelling. Said spares would be 81/2' x 18'. When questioned by Mr. Romeo about the B-MUB zone, Mr. Hoffman stated that it was his opinion that this amendment would apply only to buildings that were solely residential. The Board unanimously agreed to recommend a change in parking space size to 81/2 x 18 for multi-family residential use only. It unanimously recommended that larger spares, 9'x 20', be required at sites with commercial parking. On motion of Mr. Romeo, seconded by Mr. Murray, Mr. Hoffman was directed to transmit these recommendations to the Town Board. APPROVAL OF MINUTES The minutes for the March meeting could not be approved, because not all of those in attendance at that meeting were present. ADJOURNMENT On motion of Mr. Murray, seconded by Mrs. Jacobson, the meeting was adjourned at 10:15 PM. Alt4Lii 43444,044 Bonnie M. Burdick 0