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
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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