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HomeMy WebLinkAbout1991_09_11 Planning Board Minutes (2) MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 11, 1991, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry R. Donatelli Norma Jacobson Patricia Latona Alan P. Murray James J. Romeo Absent: David J. Freeman Also Present: Lob A. Hoffman, Jr. , 'Town Counsel Gary Trachtman, Consulting Engineer Shirley Tolley, CZMC Lisa Parilla, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The mooting was called to order by Chairman Bell at 8:27 PM. ADJOURNED PUBLIC HEARING - SUBDIVISION APPROVAL Mr. and Mrs. P. McCarthy 26 Bonnie Way Block 104 Lot 52 This matter had been sent back to the CZMC as it had needed more information floor the applicants. Mr. McCarthy had been notified of the meeting dates for both July and August but had not appeared. On motion of Mrs. Latona, seconded by Mr. Donatelli, the Planning Board unanimously directed counsel to write a letter to Mr. McCarthy advising him that his application would be deemed abandoned should he not appear before the CZMC at its September meeting. PUBLIC HEARING - SUBDIVISION APPROVAL B. Beringer Fenimore Road and Fenbrook Drive, a/k/a 3 Fenbrook Drive Block 302 Lot 85 On motion by Mrs. Latona, seconded by Mr. Murray, 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. MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 11, 1991, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry R. Donatelli Norma Jacobson Patricia Latona Alan P. Murray James J. Romeo Absent: David J. Freeman Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Shirley Tolley, CZMC Lisa Parilla, 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 8:27 PM. ADJOURNED PUBLIC HEARING - SUBDIVISION APPROVAL Mr. and Mrs. P. McCarthy 26 Bonnie Way Block 104 Lot 52 This matter had been sent back to the CZMC as it had needed more information from the applicants. Mr. McCarthy had been notified of the meeting dates for both July and August but had not appeared. On motion of Mrs. Latona, seconded by Mr. Donatelli, the Planning Board unanimously directed counsel to write a letter to Mr. McCarthy advising him that his application would be deemed abandoned should he not appear before the CZMC at its September meeting. PUBLIC HEARING - SUBDIVISION APPROVAL B. Beringer Fenimore Road and Fenbrook Drive, a/k/a 3 Fenbrook Drive Block 302 Lot 85 On motion by Mrs. Latona, seconded by Mr. Murray, 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. September 11, 1991 -2- On motion by Mrs. Latona, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Garrison Corwin, attorney, appeared on behalf of Mr. bringer. Also appearing was William Maker, Jr. , attorney, representing Mr. and Mrs. Mark Lynton who are close neighbors of the property in question. Mr. Corwin stated that application was being made to divide a 123,147-square-foot property into two lots - one with an existing house. The two lots would be 75,001 and 48,140.7 square feet in size. The lot(s) do not have the required 125 width for a building lot in an R-30 Zone District. The street frontage requirement is slightly below the required 125'. The frontage is 108.6' on Fenbrook and 101.2' on Fenimore. Mr. Corwin stated that the Beringer house lot has an easement for a driveway from the Lyntons of 25' which makes the frontage seem to be 126'. Mr. Maker stated that Mr. and Mrs. Lynton had been concerned about blasting on the subdivided lot, but that they had been assured that stringent measures such as a pre-blast survey and installation of seismograph(s) would be followed. The Lyntons also wanted to preserve their privacy. Mr. Corwin and Mr. Maker had made an informal agreement prior to the meeting. Mr. Beringer will plant hemlocks at the northeastern boundary line. Mr. Bell stated that the Planning Board is usually very reluctant to permit blasting in the Town; but, in this case, all adjacent neighbors had consented and the property owners are widely spaced. Mr. Corwin stated that Joseph Carducci, the builder who had appeared for this application last month, had stated that the likely place to lay utility pipes was along Fenimore Road. The connection would be made at the level corner at the sewer junction and at the light pole. Mr. Corwin also stated that the applicant agreed to the conditions in Mr. Trachtman's letter. Mr. Donatelli stated that it was important that a Town engineer monitor the placement of the drywells. On motion of Mr. Murray, seconded by Mr. Donatelli, the following resolutions were unanimously adopted. WHEREAS, Bruce Beringer 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 September 11, 1991 -3- WHEREAS, this Board held a Public Hearing on the application for final subdivision approval on September 11, 1991 and; NOW, THEREFORE, BE IT RESOLVED, that final subdivision is hereby granted to Bruce Beringer, 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 topographical survey dated May 24, 1991 and with the subdivision map dated May 24, 1991, both prepared by Richard A. Spinelli, L.S. II. Coii fiance with SEORA 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 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. Zoning Modifications Pursuant to Section 89-15 of the Zoning Ordinance of the Town of Mamaroneck, the frontage requirements of Lot No. 1 on both Fenimore and Fenbrook Drive are modified. The frontage of Lot No. 1 along Fenimore Road shall be permitted to be 101.11 feet and along Fenbrook Drive 108.81 feet. This modification is authorized due to the existing conditions and topography of the area to be subdivided. The Planning Board specifically notes that the frontage requirement is 125 feet. In addition to the 101.11 feet in proposed Lot No. 1 along Fenimore Road, there is an additional 25 foot ingress and egress easement, which makes the effective frontage of the property 126.11 feet, in conformance with the Zoning Ordinance requirements. September 11, 1991 -4- IV. Special Requirements A. Water Retention and Drainage On the building lot, the location of the drywells and retention devices for control of additional runoff shall be approved by the Town's Consulting Engineer prior to the issuance of a Building Permit. B. Building Envelopes and Specific Drainage Requirements 1. Prior to any construction, specific on-site soil investigations shall be conducted on the vacant lot and the area of the proposed driveway. The findings shall be discussed with the Consulting Engineer with a view toward designing proper mitigating measures to control the ground water (footing drains for foundations/underdrains for driveways) . Recommendations of the Consulting Engineer shall be determinative. 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. 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. E. Blasting Prior to conducting any blasting on the building lot, the applicant or his assignee must comply with the requirements of the Town as described in the Town Blasting Permit procedures. September 11, 1991 -5- F. Freshwater Wetlands and Water Courses Permit Prior to the issuance of a Building Permit, a Fresh Water Wetlands and Water Courses Permit will be required as the property is within 100' of a mapped Town freshwater wetland. G. Performance Bond The applicant or his assignee shall post a bond or cash deposit in an amount satisfactory to the Town for opening of the adjacent street for utility connections. H. Utility Connections Utility connections shall be reviewed by the Consulting Engineer and the Building Department prior to the issuance of a Building Permit. I. Required Documents and Inspections 1. The applicant shall provide one set of approved drawings to the Office of the Consulting Engineer to the Town and one Mylar reproducible set of approved drawings 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. 3. All conditions of this subdivision approval shall be recorded as notes on the filed drawings and map to be filed with the County Clerk's Office. CONSIDERATION OF SPECIAL PERMIT APPLICATION - Mark and Bob Car Wash 2434 Boston Post Road Block 503 Lot 326 Richard Pielli appeared on behalf of the application. He stated that the ownership of the car wash has changed. Therefore, a new Special Permit is required. He stated that there are no changes in the hours of business or any other aspect of the operation and that the owners are aware of the previously imposed conditions. 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; September 11, 1991 -6- 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. On motion of Mrs. Latona, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that this Board hereby sets Wednesday, October 9, 1991 at 8:15 P.M. as the date and time for a Public Hearing on the application of Mark and Bob Cra Wash; 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 FRESHWAI'E'R WETLANDS AND WATER COURSES PERMIT - Mr. and Mrs. Joel Kronfeld 89 Rockland Avenue Block 210 Lot 1 Mr. Kronfeld appeared on behalf of his application. He stated that he was planning an addition to his house which had been approved by the Zoning Board. He will demolish his garage as it is on an unusable foundation and on an inconvenient slope. Also, it has to be placed in a new location, once razed, because of State regulations concerning fire safety. Mr. Trachtman, by letter which will become a part of the record, enumerated the guidelines for issuing a permit in this matter. On motion of Mr. Romeo, seconded by Mr. Murray, by a vote of 5-1, Mrs. Latona opposed, the Board voted to dispense with a public hearing for this matter. On motion of Mr. Murray, seconded by Mrs. Jacobson, the following resolutions were adopted, 5-1, Mrs. Latona opposed. WHEREAS, Mr. and Mrs. Joel Kronfeld have applied for a permit 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 Tead 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 86-6(D) , that the activity proposed is of a minor nature and is compatible pursuant to 6NYCRR 665.7; September 11, 1991 -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 no.,Pds 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 Mr. and Mrs. Kronfeld 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; 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, 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 $1,000 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. September 11, 1991 -8- 6. This permit shall expire upon completion of the proposed activity or one year front the date of its issue whichever first occurs. FURTHER CONSIDERATION OF SEQRA AND SUBDIVISION APPLICATION - R. Difiorio 707 Weaver Street Block 102 Lot 181 Mr. Bell had postponed hearing this application until the end of the meeting, because for unexplained reasons, neither Mr. Diforio nor his engineer, Mr. Senor, were present. A large number of neighbors, several represented by Counsel, were in the audience. Although this application was not scheduled for a public hearing, Mr. Bell permitted public comment cautioning that the Board sought additional comments as it had heard a number of residents at its last meeting. Edgar Lehman appeared. He is the President of the Friends of the Reservoir, the peLpetually dedicated Conservancy bordering the Diforio property. He presented the Board with a booklet containing, among other exhibits, an aerial survey of the Reservoir showing sediment buildup. The booklet had been submitted to the Town Board at the DGEIS scoping hearings for the country club property. Mr. Lehman stated that when he was a boy the bottom of the Reservoir was visible from the surface but that buildup is occurring at a tremendous rate. He stated that the Diforio's plans, as presented, would cause rapid runoff of contaminated water into "Dream Pond" on the Conservancy where nature study is done. Mr. Lehman stated that the deleterious effect of additional houses would be: 1) loss of biological diversity; 2) rise in coliform level; 3) loss of vegetation on banks of the brook and 4) increase in flooding - a "water glut". Because of the proposed retention device, Mr. Romeo and Mr. Trachtman disagreed with Mr. Lehman concerning the runoff to "Dream Pond" and stated that there would be no increase in the amount of or contamination to the runoff. George Straub of 10 Bonnie Way appeared. He is the former director of the Westchester Joint Water Works and current head of the Mamaroneck Chamber of Commerce. Mr. Straub stated that when pipes were laid in this area in 1938 it was discovered that the ground was 20% soil and 80% rock. He stated that he thought that this property was a rock knoll and that the runoff was fast now. He agreed that two horses would add little runoff to the area below them. Alan Mason appeared. Among other activities, Dr. Mason monitors the valve which controls the flow from the Reservoir during storms. It is now possible to "manage" a storm of 4.3" to 4.5" in an afternoon and keep it from flooding downstream. Dr. Mason's calculations showed that a larger than proposed retention pipe would be necessary. He and Mr. Romeo concluded that a 4' by 6' pipe 170' long would hold 5,200 gallons of water and should suffice as a flood-control, holding device. September 11, 1991 -9- John Kirkpatrick, attorney, appeared. He represented a number of neighbors and reiterated their concerns about the effect of construction of two new horses on: 1) the Reservoir; 2) traffic on Weaver Street; 3) overloading Arrowhead Lane; 4) blasting; 5) grading 6) the tree population. He requested that a the applicant prepare an Environmental Impact Statement. Hunter Meighan, attorney, appeared on behalf of Edith Piper, the neighbor over whose property Arrowhead Lane runs. He expressed concern about the storm drains in Weaver Street. Mrs. Piper stated that an average of 12 cars a day traverse Arrowhead Lane excluding delivery trucks. She expressed the opinion that this traffic might cause a backup on Weaver Street. Andrew Kahn, attorney and near-by resident, appeared. He submitted an engineering study which will become part of the record. Mr. Kahn was very concerned about additional traffic on Weaver Street as he finds it extremely congested now and has been unable to get sidewalks built. Mr. Kahn also was concerned about additional storm water and blasting and has asked the Police Department for a traffic study. Mrs. Paley, a neighbor who had spoken at the last meeting, submitted copies of three letters written to the New York State Department of Transportation concerning flooding on Weaver Street. Said letters will become part of the record. Mrs. Latona, as former Traffic Committee chairwoman, was designated to write to the DOT on behalf of the Planning Board. Richard Young of the CZMC and resident of Bonnie Way appeared. He stated that this application and that of Paul McCarthy both will have an impact on the area as it is a valley - "an enormous basin". It was the consensus of the Board that an EIS would not be needed; full answers on the EAF would suffice. Mr. Bell summarized the information that the Board still needs: 1) more information about drainage; 2) clearer presentation of the access to the new lots; 3) input from the Highway Department about the sewer lines in Weaver Street; and 4) an interpretation from the Building Inspector about rear and/or side yards. Mrs. Latona urged her fellow members to inspect the property. MEMO TO ZONING BOARD The Board approved Mr. Hoffman's memo to the Zoning Board explaining the long process this Board had worked through to SEQRA approval. APPROVAL OF MINUTES On motion of Mr. Donatelli, seconded by Mrs. Jacobson, the minutes of August 14, 1991 were approved unanimously as corrected. September 11, 1991 -10- ALUOURNMENT On motion of Mr. Romeo, seconded by Mr. Murray, the meeting was adjourned at 10:35 PM. Bonnie M. Burdick