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HomeMy WebLinkAbout1984_04_11 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARO NECK HE LD APRIL 11, 1984, IN THE AU DITORIUM RI UM OF THE WEAVER STREET FIR EHO O USE, WEAVER STREET AND EDGEWOOD AV ENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Paul Kalos, Chairman Mrs. Mary Carlson Mr. Warner Pyne, Jr. Mr. Anton Schramm Mr. Emil Nicolaysen Also present: Mr. Charles R. Elfreich, P.E., Town Engineer Mr. Lee Hoffman, Jr. , Town Counsel APPROVAL OF MINUTES The minutes of the meeting of March 14, 1984 were presented and on motion duly made and seconded approved as submitted. PUBLIC HEARING - GARFIELD HOUSING CORP - BLOCK 133 PARCELS 149 AND 299 A motion was made and seconded to open the Public Hearing P ring on Garfield Housing Corp which had been adjourned from the last meeting. Mr. Joel Sachs and Mr. Robert Siegel represented the applicants and Mr. Sachs said there were two matters outstanding as of the last meeting. The West- chester County Health Department and the Town Supervisor had not signed the linen and since then both signatures have been obtained. The only signature now missing was the Chairman of the Planning Board and the only matter is the closing of Garfield Street. A copy of an Order signed by Mr. Leddy, the Superintendent of Highways for the closing of Garfield Street was received and dated the llth of April 1984. There was, also, a ques- tion concerning Adams Street and Mr. Hoffman said a sur- vey was being done on all of Adams Street and when it is completed the owners will be requested to provide easements to the Town. It was, also, pointed out that the proposed Resolution requires Garfield Housing Corp to grant an ease- ment to the Town for utilitity purposes and the Town Engineer will communicate with the property owners. Since Mr. Kalos would be abstaining from voting on the application he turned the meeting over to Mr. Pyne who Cread the proposed Resolution. Mrs. Carlson questioned ##7 which concerned the detention basin which differed from the agreement which had been made with the Garfield Housing Corp and the residents. / In the agreement they had decided to grade and landscape O the detention basin instead of constructing a fence. This was brought to the Board's attention by Mr. Sachs after Mr. Pyne finished reading the proposed Resolution�Mrs. Carlson wanted the Resolution to show that it wa ot an unanimous approval of the Environmental Impact Statement and the Board decided that was not necessary since the Resolution was approved by a majority. The Board, also, decided that No. 7 would be changed to read the same as 6c in the agreement. After further discussion was motion was made and seconded that the Public Heari ng be closed and a motio n on was, also, made and seconded that the Resolution be approved and adopted. Mrs. Carlson said she had questions about whether the Town could legally sell the property and whether it should be kept as open space. Mrs. Carlson, also, questioned as to how a 70 ft. high building could accommodate 7 floors and objected to the coverage and the number of units that are proposed. A Court Reporter was present and his transcript will be made part of the record. The following Resolution was therefore adopted: C WHEREAS, Garfield Housing Corp have requested final approval for the amalgamation of two par- cels, the closing of a street, and the amalga- mation of certain thruway ramps into a new street, and WHEREAS, this Planning Board of the Town of Mamaroneck granted preliminary subdivision ap- proval at a meeting on November 10, 1982 and December 8, 1982; and WHEREAS, this Planning Board determined that a final Environmental Impact Statement submitted by the applicant was found to be complete and in accordance with local and State statutes on September 15, 1982; and WHEREAS, those findings were reaffirmed by the Planning Board at its meeting on March 14, 1984; and WHEREAS, after considering the Final Environ- mental Impact Study, the Planning Board deter- mined that, consistent with local, social, econo- mic and land use considerations, to the maximum extent practicable from among the reasonable alternatives available, the development of the site in accordance with the plans proposed by Garfield Housing Corp is such as to minimize or avoid adverse environmental impacts; and \ WHEREAS, this Board noted that the plan proposed C by Garfield Housing Corp currently is less in- trusive upon the environment than the proposal upon which the Environmental Impact Statement was based. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the requirements equirements II of Article 8 of the Environme ntal Conservation I Law of the State of New York and Local Law No. 1-1977 of the Town of Mamaroneck, the Planning Board of the Town of Mamaroneck, hereby reaffirms the findings made previously that: 1. Consistent with social, economic and other essential considerations of State policy, to the maximum ex- tent practicable, from among the reason- able 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 Impact Statement; and r 2. All practicable means will be C ' taken in carrying out or approving the action to minimize or avoid ad- verse environmental effects, includ- ing the effects disclosed in the rele- vant Environmental Impact Statement; and it is further RESOLVED, that based upon the findings and fac- tual record, the Planning Board of the Town of Mamaroneck hereby grants final subdivision ap- proval to the application of Garfield Housing Corp for the amalgamation of two parcels of land as shown on the submitted subdivision map, and further approves the concept of closing Garfield Street and the amalgamation of two parcels of land as shown on the submitted subdivision map, and further approves the concept of closing Gar- field Street and the amalgamation of the present thruway ramps into a new street at the easterly end of the created parcel; subject to the fol- lowing terms and conditions: 1. Garfield Street shall be closed in accordance with an Order of Discon- tinuance signed by the Superintendent: C of Highways of the Town of Mamaroneck on April 11, 1984; 2. Garfield Housing Corp shall deed to the Town an easement for maintenance and installation of utility, water and sewer services in the bed of Adams Street, such easement to be subject to the approval of both the Town En- gineer and the Office of Counsel to the Town; 3. Automotive ingress and egress shall be provided to both North Chatsworth Avenue and to Madison Avenue, southeast of the existing barrier with no egress to North Chatsworth Avenue; 4. The existing barrier on Madison Avenue shall be retained. 5. In order to insure that traffic flow is unimpeded, the width of new Jefferson Street, presently proposed as 70 feet, shall be reviewed by the Town Engineer in consultation with all appropriate authorities, includ- ing the Thruway Authority, taking into account the amount of traffic projected to use the street and the required parking thereon. The width of new Jefferson Street shall be set at a figure satisfactory to the Town Engineer which simultaneously fully and safely accommodates the required traffic flow and parking which provides for the maximum possible width of the buffer area on the western part of the site. The sidewalk shall be constructed as proposed, including new Jefferson Street and North Chatsworth Avenue; 6. In order to provide for both a smooth flow of traffic on North Chats- worth Avenue and proper provision for left turns into the site, subject to the approval of the Town Engineer the curb-to-curb width of North Chatsworth Avenue shall be widened west of the new Jefferson Street, to match the width east of Jefferson Street, with a smooth transition effected to the existing cross section at Adams Street; 7. The detention pond shall be graded and landscaped and maintained at a depth no greater than three feet, with all conduit pipes to be grated over all openings. 8. Whenever feasible considering the site plan, parking layout and required engineering improvements, every attempt shall be made to retain all existing © trees larger than 8" in diameter at breast height which are in open, land- scaped parts of the site; 9. Compliance shall be made with all terms of the contract with the Town of Mamaroneck; 10. The Conservation Advisory Commis- sion recommendations shall be dealt with by the Town Engineer; 11. The site is zoned for high rise construction. The Planning Board recom- mends that appropriate agencies of the Town of Mamaroneck, including par- ticularly the Zoning Board of Appeals, give consideration to the significant impact of the proposed structure; 12. That the applicants obtain appro- val of the Westchester County Health Depart- ment for all public water supply facili- ties and public sanitary sewer to serve all structures intended for human occu- pancy constructed in said subdivision; 13. That the applicants obtain appro- val from the Westchester Joint Water Works and from the Town Board of the Town of Mamaroneck for extension of the water main as shown on the construc- tion drawings and that an amount suf- ficient to cover the installation of said water lines and appurtenances as estimated by the Manager of said Water Works be deposited with said Water Works; 14. That no building permits shall be issued for the construction of any building in said subdivision until the applicants complete all the road- ways, utilities and all public improve- ments or post a cash deposit and/or performance bond in an amount speci- fied by the Town Engineer for the com- pletion of such improvements, such bond to run for a term of one year, subject to extension, and to be issued by a bonding or surety company approved by the Town Counsel as to form, suf- ficiency and manner of execution; 15. That the applicants shall install all street improvements in accordance I 1 with the plans filed with this appli- g O cation and in accordance with the stand- ards and specification and procedure acceptable to the appropriate Town Departments and any revisions which are noted on the final plans; 16. That formal offers of deeds of cession to the public of all streets, highways or public places and any neces - sary - sary easements indicated on the plans filed with the Planning Board shall be in form satisfactory to the Town Attorney and shall be held by said Counsel until such streets are formally accepted by the Town Board, provided that such delivery of such offers or deeds shall not constitute an accept- ance by the Town of the dedication of any such street, highway, easements or public places, nor waive the pay- ment of necessary title charges and recording fees, but that such accept- ance shall be based solely upon the adoption of a Resolution by the Town Board; and it is FURTHER RESOLVED, that the Chairman of the Planning Board is hereby authorized to sign such subdivision subject to the conditions set forth above. Mr. Siegel and Mr. Sachs both thanked the members of the Board and the Town Engineer for their coopera- tion. Mr. Kalos was about to sign the map when he noticed there was an error in a word. Motion was made and seconded that the word "conditions" be changed to "resolution" on line #5 above the Chair- man's signature. REFERRAL FROM TOWN BOARD FOR SPECIAL PERMIT APPLICATION - 5 FIFTH AVENUE - BLOCK 132 PARCEL 609 The Chairman explained that the application for a Special Permit had been adjourned from the last meeting because there was a question of whether a zoning violation existed. The owner of the property had agreed to postpone the ap- plication until, �t}e violation was cleared up. The owner had been served'1'�a"'violation for the parking of trucks which had been removed when Mr. Paonessa inspected the property on March 26th and the second violation was for the parking of contractor's equipment which was still on the property at the time of Mr. Paonessa's inspection. Mr. Elfreich, the Town Engineer, made an inspection on April llth and he showed pictures that the property has now been cleared. Mr. Hoffman said that the Board should make a determina- © tion as to the completeness of the EIS form. Mr. Leonard Corwin, an Attorney represented the Meg-Ellis Corporation and said that his client was under the impres- sion he would have no problem since there was already a body shop across the street. Mr. Corwin, also, said that the violations were not by the tenant but by the owner of the property. Mr. Younger, who is the tenant wants to run an auto body and painting repair shop. Mr. Nicolaysen said they had just approved an application for an apartment house and wondered if this bodyshop would be an eyesore like the Y one acro ss the street. Dr. Mason, who is on the Conservation Advisory Commission said that the Board could ask for additional requirements. Mr. Sachs, who is the Attorney for Garfield Housing Corp said they were not taking a position but wanted to point out that the proposed use will bring additional noise and fumes and would like to hear how the applicant plans to address these matters. Mr. Corwin said his client wants to do the appropriate thing in conducting and maintaining his business. C Mr. Kaplan of 99 Madison Avenue said he has been told the value of his property has fallen. It was pointed out there would be no change in the exterior of the building and traffic will not be affected. It was, also, pointed out that there was rIsom no room in the front of the building to park the cars and they would have to be parked on the Larchmont side where there is a fence around the property. Mr. Schramm said that when Mr. Auricchio's trucks go out of the parking lot they carry a lot of mud which they drop in the street. Mrs. Carlson said she did not think the short assessment form that the applicant had filed was acceptable. Mr. Corwin pointed out that the applicant would have to conform to the requirements of the Building Code for a body shop. Mr. Hoffman suggested that a copy of the short assessment form be mailed to all interested parties on behalf of the Planning Board as presumptive lead agency. CA motion was made and seconded that the application be adjourned to the next meeting pending receipt of additional material from the applicant. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:45 P.M. Rita A. John on, Secretary