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HomeMy WebLinkAbout1982_01_13 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD JANUARY 13, 1982, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:25 P.M. ROLL CALL Present: Mr. Paul Kalos, Chairman Mrs. Mary Carlson Mr. Anton Schramm Absent: Mr. Warner Pyne, Jr. Also present: Mr. Charles R. Elfreich, P.E. , Town Engineer APPROVAL OF MINUTES The minutes of the meeting of November 18, 1981 were pre- sented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING - SUBDIVISION OF LOT ON OLD HUMMOCKS ROAD - BLOCK 412 PARCELS 338, 347 and 357 Mr. Edward P. Tanenbaum, an Attorney and the applicant, Mrs. Novak appeared before the Board. Mr. Kalos pointed out that the Board was not making any findings on the issue as to whether the street was a private or public street and requested the applicant to amend his applica- tion (no. 15) to read that they would be requesting a variance. Mr. Tanenbaum said they would apply to the Zoning Board for a variance. Mr. Tanenbaum stated that they had a builder who wants to build three houses. Mrs. Carlson questioned as to whether or not the Town would require a 50 ft. street and if it would be necessary to change the frontage on the proposed lots. Mr. Tanenbaum said that Old Hommocks Road is presently about 50 or 60 years old. Mr. Elfreich suggested that the Board could in its Resolution state that certain improvements have to be made to bring the road up to the minimum requirements. Mr. Schramm said that he felt that the Resolution should state that the Board's approval in no way would mean that they had deter- mined whether the street was "private" or "public" . Mr. Tanenbaum said that if the cost for improving the road would be economically prohibitive they would be wasting their time and if the Town approved the road possibly the State might give their approval too. Mr. Elfreich said the State might waive approval concerning the width but not the surface. Mr. Elfreich said that the road at present needs some work and possibly the Town would vl f—( be willing to pay part of the cost to bring the road up to standard and to accommodate three new homes. Mrs . Carlson asked who would make the determination as to whether the road was public or private. Mr. Elfreich said Mr. Johnston had told him that there had been a title search at the time the School Board was contemplating the building of the Hommocks School and they discovered the road to be private and that the cost would be prohibi- tive to obtain clear title to Hommocks Road. Mr. Tanenbaum said he had been the Attorney for the Novaks for many years and they had owned Hommocks Road back to the golf course when the School Board started condemna- tion. Mr. Tanenbaum read part of the Resolution of the Town Board that was dated back in 1964 which was a list of the streets that was sent to the State of New York and Old Hommocks Road was on the list. Mr. Tanen- baum further said that the Town has over the years cleaned the street and taken care of it and if he found it neces- sary to bring action he feels the Court would say it was a public street. It was pointed out that the road is presently not used too much because of the new Hommocks Road and it is a one way street. After further discussion the Board decided that because the application was for three one family residences and there would be no significant problem to the water supply, sewerage disposal , drainage, fire protection or noise, there would be no adverse environmental impact. The Board voted on the application and on a vote of 3 'to 0 approved the application and the following Resolution was adopted: WHEREAS, Mrs. Novak, owner of the premises lo- cated on Old Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcels 388, 347 and 357 has filed an application with this Board for the approval of the subdivision plat; and WHEREAS, pursuant to Section 276 and 277 of the Town Law, a Public Hearing was held on January 13, 1982 after notice was published in the of- ficial newspaper of the Town of Mamaroneck, the Daily Times; and WHEREAS, this Board has examined the plans and determined that the same are all satisfactory; and WHEREAS, this Board has determined that since the application was for three one family resi- dences it will not cause problems to the water supply, sewerage disposal , drainage, fire pro- tection or noise and therefore will not have any significant affect upon the environment; and RESOLVED, that the application of Mrs. Novak be approved subject to the following: 1 . That the applicant amend her application (No. 15) that they would be requesting a variance. 2. The Board is not making any deter- mination as to whether the street is private or public. 3. That the applicant obtain appro- val of the Westchester County Health Department. FURTHER RESOLVED, that the application of Mrs. Novak be approved and the Chairman of the Plan- ning Board is hereby authorized to sign such subdivision map as evidence of the approval of same. OLD BUSINESS - APPLICATION OF GARFIELD HOUSING CORP. The Board had received a letter from Mr. Sachs , the At- torney for the applicant with two proposals attached of firms who prepare Environmental Impact Statements. The Board stated that their reasons for reversing their deci- sion was that the application was a Type I Action and because of the questions with respect to drainage and traffic. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9 :30 P.M. ita A. John , Secretary