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HomeMy WebLinkAbout1991_06_12 Zoning Board of Appeals Minutes MaNUrES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MANARONECK JUNE 12, 1991, IN THE O XJR<I , TOWN CENTER '�+1 f 740 WEST BO TON POST ROADMAMARO NECK, NEW YORK RECEIVED , Present: Sanford A. Bell, Chairman Jill? 2, 1991v Jerry R. Donatelli PA1/CIA A.D!C10CCf0 David J. Freeman TOWN CLERK MAMARONECK Patricia Latona N.Y. Alan P. Murray o�* James J. Romeo / Absent: Norma Jacobson Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Lisa Parrilli, 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 RESOLVED, that the Public Hearing be, and hereby is, declared closed. June 12, 1991 -2- At the previous meeting, the issue which had halted consideration of Sr7Q 2A had been blasting, Idi e 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 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 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 suhiivided 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 hounc . Mr. Fein stated that the building envelope or "box" depicted was a 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 fact 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 adapted: 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 cainnents of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, this Board held a Public Hearing on the application for final subdivision approval on June 12, 1991 and; June 12, 1991 -3- NOW, THERETURE, BE IT RESOLVED, that final subdivision is hereby granted to David J. , 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, czo, LS, dated April 26, 1991 and site development plan prepared by Robert William Pollack, RA, dated May 29, 1991. II. Compliance with SDQRA 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. 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 designing proper mitigating measures to control the ground water (footing drains for fo ndations/underdrains for driveways) . Recommendations of the Consulting Engineer shall be determinative. June 12, 1991 -4- C. Erosion and Sedimentation Control - (During Contror stir n} 1. Erosion and sedimentation control plans should be based upon the standards presented in the "Westchester County Best 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. Zrcz 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 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 Tbwn and one set to the Office of the Consulting Engineer to the Tbwn. 2. The applicant shall submit to the Town one Mylar reproducible and four copies showing the "as-built" conditions for sewer 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 Appearing were Bruce Beringer and his attorney, Garrison Corwin. Permission was being sought to divide one lot with a house into two lots. The holm 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 June 12, 1991 -5- Building Inspector takes a position that it is pnRsible to average the width and depth when there. is sufficient frontage. In this rasa one lot would have frontage of over 125 feet and one would be somewhat less than 125 feet. Mr. Coiw i 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 surrounds 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 from the river but that water fran 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. The plans for the subdivision showed many outcroppings. Mr. Corwin sated 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 SDQRA 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 302 Lot 85 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 spaces. Sane fencing is 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. Hoffman stated that this application was incomplete. Among other details, this Board would unit drawings to be submitted which would show fences and lighting. June 12, 1991 -6- 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 lcral law, therefore requiring no further action under SDQRA. CONSIDERATION OF AMENDMENT 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 Fenbrook 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 on driveway which leads 10 feet from the curb cut to a paved area on 7 Boulder Circle. Another driveway runs fran that area to the house at 5 Boulder Circle. Mr. Rios sought permission to leave the existing troy 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. On motion of Mr. Donatelli, seconded by Mrs. Latona, it was unanimously RESOLVED, 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 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. June 12, 1991 -7- C NSIDERATZON 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 proper ties. Malcolm Pirnie had prepared new hydrological studies for these properties as well. Prior to final consideration by the Tbwn 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. Bonnie M. Burdick