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HomeMy WebLinkAbout1981_11_18 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD NOVEMBER 18, 1981 , IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCH- MONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:20 P.M. ROLL CALL Present: Mr. G. Norman Blair, Chairman Mrs . Mary Carlson Mr. Anton Schramm Mr. Paul Kalos Absent: Mr. Warner Pyne, Jr. Also present: Mr. Charles R. Elfreich, P.E. , Town Engineer APPROVAL OF MINUTES The minutes of the meeting of October 14, 1981 were pre- sented and on motion duly made and seconded, approved as corrected. PUBLIC HEARING - SUBDIVISION OF LOT ON COLONIAL AVENUE - BLOCK 120 PARCEL 253 The Secretary presented to the members a letter from Mr. George Forbes , who is the Attorney for the applicant, Mr. Michael Harrington. Mr. Forbes had requested that since he was going to be away that tie hearing be postponed to the Next meeting. PUBLIC HEARING - SUBDIVISION OF LOT ON GLENN ROAD - BLOCK 115 PARCEL 354 Mr. Richard Ferrarone of Lane Appraisals appeared before the Board and represented the applicant, Mr. Charles Togut. The Board questioned as to where if a house is built on the vacant lot it would face. Mr. Ferrarone said it would front on Glenn Road. Mrs . Carlson questioned about the right-of-way and it was pointed out it belonged to the Town and was not part of the subdivision. After further discussion the Board decided that since it was a one family residence lot it will not cause signifi - cant problems to the water supply, sewage disposal , drain- age, fire protection or noise and there would be no environ- mental impact. On a vote of 4 to 0 the application was approved and the following Resolution adopted: WHEREAS, Mr. Charles A. Togut, owner of the pre- mises located at 6 Glenn Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 354 has filed an application with this Board for the approval of the subdivi- sion of this plat; and WHEREAS, pursuant to Section 276 and 277 of the Town Law, a Public Hearing was held on November 18, 1981 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 a one family residence it will not cause problems to the water supply, sewerage disposal , drainage, fire protection or noise and therefore will not have any signi- ficant adverse effect upon the environment; and RESOLVED, that the application of Mr. Charles A. Togut be approved and the Chairman of the Planning Board is hereby authorized to sign such subdivision map as evidence of the approval of same. APPLICATION OF GARFIELD HOUSING CORP. Mr. Blair said that the Board members had received a let- ter from the Town Attorney, Mr. James J . Johnston recommend- ing that the Board withdraw and rescind their determination made on July 15th to the effect that no Environmental Impact Study is required of Garfield Housing Corporation to erect on the properties to be acquired by them. Mr. Johnston said he based his opinion on his examination of recent Court determinations in which the Court has ruled that a literal compliance with the State Environmental Quality Review must be made. Mr. Joel Sachs, an Attorney, who represented the applicant in the absence of Mr. Forbes said that their application was not on the agenda and he had not seen Mr. Johnston's opinion . Mr. Sachs said it is their strongly held posi- tion that the Board made their decision in July and at this point Mr. Sachs does not have jurisdiction to make any ex- tended legal arguments. Mr. Blair said that the meeting had been adjourned in Sep- tember to obtain an opinion from the Town Attorney and that the Town Attorney at that time had suggested but not directed the Board to not withdraw their determination made on July 15th. The Chairman said after speaking to Mr. Feder and Mr. Sachs and receiving Mr. Johnston 's second opinion only a few days ago he felt their decision should be adjourned to the next meeting. Mr. Connelly, who is the Attorney for Mr. Guadagnolo, the owner of one of the parcels in question asked that the Board decide something at this meeting and he was opposed to adjourning the hearing . Mr. Tulchin of 9 Lafayette Road said that at the Septem- ber meeting there were questions as to whether an Environ- mental Study should be required. Mr. Schramm said he was not prepared to make any decision at this meeting since there were several questions he wants answered. Mr. Ken Schmelkin of 3 Washington Square said the Board should review their decision and it should be placed on the agenda. Mr. Kalos asked for a motion to reconsider and Mrs. Carl- son asked that a Public Hearing be held to satisfy some of the objections from the neighbors . Mrs . Carlson said the hearing should be set for the December meeting and suggested that the Planning Board might consider asking the Conservation Advisory Commission to be the lead agency for the Environmental Impact Study. Mr. Blair said he had spoken to Mr. Barrett, the Chairman of the Conserva- tion Advisory Commission and he said that the CAC was not interested in doing it but would advise the Planning Board which would remain as lead agency. Mr. Kalos made a motion that the Board reconsider the deter- mination made on July 15th that no Environmental Impact Study was necessary and it was seconded by Mrs . Carlson . A motion was made that any action should be tabled until such time that the applicant can be represented. Mr. Schramm said he still felt that the Board had no choice but to follow up on Mr. Johnston 's recommendation. In conclusion it was decided that a Public Hearing would be held at the next meeting on December 9, 1981 to deter- mine whether the Board will reverse their decision made on July 15, 1981 . ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:15 P.M. -sietia-71— ita A. Johns n,'Secretary, NOTE - A Court Stenographer was present for the applica- tion of Garfield Housing Corp. and his report is filed in the folder for the applicant.