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HomeMy WebLinkAbout1981_10_14 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD OCTOBER 14, 1981 , IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the acting Chairman, Mr. Warner Pyne, Jr. , who Mr. Blair has asked to chair the meeting in his absence, at 8: 20 P.M. ROLL CALL Present: Mr. Warner Pyne, Jr. , Acting Chairman Mrs . Mary Carlson Mr. Anton Schramm Mr. Paul Kalos Absent: Mr. G. Norman Blair Also present: Mr. Charles R. Elfreich, P.E. , Town Engineer Mr. James J. Johnston, Town Attorney APPROVAL OF MINUTES The minutes of the meeting of September 16, 1981 were presented and on motion duly made and seconded, approved as submitted. PRELIMINARY HEARING - SUBDIVISION OF LOT ON GLENN ROAD - BLOCK 115 PARCEL 354 Mr. Richard Ferrarone of Lane Appraisals presented the Board with a letter from Mr. Togut, the owner of the pro- perty authorizing him to represent his application. The Board questioned Mr. Ferrarone as to where the front- age would be on the vacant lot and Mr. Ferrarone said they could have frontage on either Glenn Road or Spruce Road but it would probably be on Glenn Road. The Board, also, discussed the right-of-way shown on the subdivision map and it was pointed out that it belonged to the Town. After further discussion the Board decided to schedule the Public Hearing for the next meeting and the Secretary was asked to prepare the notice. PRELIMINARY HEARING - SUBDIVISION OF LOT ON COLONIAL AVENUE - BLOCK 120 PARCEL 253 Mr. Forbes represented the applicant, Mr. Michael Harring- ton. Mr. Forbes had written a letter to the members of the Board advising them that the Zoning Board of Appeals had approved the application for the variance for the 50 ft. frontage at their meeting held on September 30th. Mr. Forbes asked that the Planning Board now consider the application for final subdivision approval . The Secretary was advised to schedule the Public Hearing for the next meeting . Mr. Kalos requested that he abstain from voting on the application since he is a resident of Colonial Avenue. CONTINUATION OF PUBLIC HEARING ON APPLICATION OF GARFIELD HOUSING CORP. - BLOCK 133 PARCELS 148 AND 299 Mr. Pyne read the Notice of Hearing. PLEASE TAKE NOTICE that the Town of Mamaroneck Planning Board pursuant to Section 276 and 277 of the Town Law will hold a continuation of the Hearing of September 16, 1981 on October 16, 1981 in the Auditorium of the Weaver Street Firehouse , Weaver Street and Edgewood Avenue, Town of Mamaroneck, Larchmont, New York at 8: 15 P.M. on the application of Garfield Housing Corporation for the amalgamation of two parcels into one and the extinguish- ing of three Town streets with the creation of one Town street on the property located on the southwesterly side of Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 148 and 299 . TAKE FURTHER NOTICE that all persons present will be given an opportunity to be heard. The Chairman, also, read a letter addressed to Mr. Blair, as Chairman of the Planning Board dated September 24th from the Town Attorney, Mr. James Johnston. In his letter, Mr. Johnston, advised that after examining the minutes of the meeting of July 15th and the State Law applicable to Environmental Impact Studies and the Town 's Environ- mental Quality Review Law the examination revealed that the Planning Board with a vote of 3 to 2 had in all ways complied with the applicable law. Mr. Johnston further said that he had obtained a portion of the minutes of the meeting held on September 16th which were confined to the closing of the meeting indicating that the Board might obtain a legal opinion from him as to whether or not an Environmental Impact Study can now be asked for by the Board. Mr. Johnston , alo, said in his letter that according to the Public Notice for the hearing on September 16th the purpose of the meeting was to consider the amalgamation of the two parcels into one and the extinguishing of three streets with the creation of one Town street and that Mr. George Forbes had made his presentation on behalf of the applicant. Mr. Johnston additionally said that at the end of Mr. Forbes presentation when the audience was asked whether or not anyone wished to say anything against the application they took it upon themselves to address the Board seemingly as the Lead Agency for the Environmental Quality Review Law which was completely improper. Also, Mr. Johnston said that from what he had learned from personal conversations with the Board 's Secretary, the Attorney for the applicant, Mr. Guadagnolo 's Attor- ney and other third parties the concerns of the people in attendance were mainly matters that should be brought to the attention of the Zoning Board. In conclusion, in his letter Mr. Johnston said that in his opinion the Board should not withdraw their determination and should proceed with the completion of the hearing started on September 16th. The Chairman said that the only issue before the Board for discussion was the "subdivision" and the neighbors concern about the water problem. Mr. Pyne said he had investigated the flooding issue and learned that it has been under discussion for 12 years and the final deter- mination has been that the construction will not make conditions "worse". Mrs. Carlson said she had spent an afternoon in the West- chester County Planning Department and also spoke to Mr. Peter Lielenthal and Mr. Steven Goldstein who told her that the Board could reverse its decision. Mr. Forbes stated that the law is clear and that the Board had acted properly and the 30 day "protest period" had passed. Mrs . Kaplan of 99 Madison Avenue said she has a water problem now and her basement floods. Mrs. Kaplan, also, said that she could produce documents to prove that there is a very serious water problem and that she still has questions about some of the answers on the Environmental Assessment Form. It was pointed out that the property in question is now zoned RTA which allows a six story apartment house. Mr. Sanders of 42 North Chatsworth Avenue said he had many questions about the answers given on the Assessment Form. Mr. Buchman who represented the Premium Point Association spoke of the affect that the project would have on the Premium Marsh lands . Mr. Henry Neale, an Attorney, who said he represented Dr. and Mrs . Wilson said that the Board could change its decision regarding the need for the Environmental Impact Study. Mr. Schramm said he felt the Board had discussed the En- vironmental issue as required and on a vote of 3 to 2 had made their decision . Mr. Schramm, also, said that the Town Attorney had advised them that they acted in accordance with the law. Sg Mr. Kenneth Schmelkin of 3 Washington Square said he felt the Board was not serving the people. Mr. Pyne said he thought the Board had acted in good faith and they were only working for the good of the Community. He again said that the only issue before the Board was the "amalgamation of the two parcels". Mr. Goldstein of 21 North Chatsworth Avenue said he had looked at the plans and felt that the street leading from their building has been moved a considerable distance from the original plan . Mr. Goldstein, also, said that it disturbs them that it appears some of the trees will have to be removed which serve as a barrier for noise and traffic. Mr. Ted Brown asked for a clarification of "Jefferson Street" . It was pointed out that the new Jefferson Street which is now a "paper street" will be adjacent to the old Jefferson Street and will be wider. The Board stip- ulated that the developer and any future owners must main- tain a barrier of hedges as a buffer at the Madison Ave- nue end of the private driveway. The neighbors requested a wall but Mr. Feder said the Fire Department would not allow it since if the Fire Department or any other emer- gency vehicles need to get through they could run over the hedges . Mr. Kalos and Mr. Pyne both said the Board should discuss the issue only. Mrs. Carlson said that according to the Master Plan it was recommended that the property in question be used for a park. Mr. Forbes said that the Town Board had now rezoned the property to RTA and when the Town had a study made several years ago by Raymond and May Associates they recommended the property be rezoned RTA. Mr. Henry Korngold of 6 Lafayette Road said because of all the children in the neighborhood they wanted the streets left deadend and the proposed plan will destroy the neigh- borhood. Mr. Korngold said that the hedges can be torn down . The Board discussed as to whether the entrance to the garage could be changed to the other side from what is shown on the plan and Mr. Elfreich said if they did it would place the traffic on North Chatsworth Avenue. The Board, also, discussed traffic and Mrs . Kaplan said Mrs . Siconolfi had taken a traffic count between 4:30 P.M. and 4:40 P.M. Mrs . Kaplan said the traffic was very heavy in the ten minutes and the proposed project will add to the traffic. Mrs . Kaplan urged that a traffic study be made. Mr. Kalos spoke and said if the subdivision is not approved both properties could be built on and no change in the road; would be necessary. He, also, said that the Board should approve the application if acceptable and if they have any suggestions they could be made. Mr. Forbes said they would not be before the Board if the Town Engineer had not approved the plan and they had com- plied with all the regulations of the Town . Mr. Kalos said in his opinion he did not think the impact on traffic will be so great. A question was raised as to off-street parking and it was pointed outthat there would be no change. Mr. Dallos of 1 Huguenot Drive said since the Board has doubts about their impact statement why make the same mistake again . Mr. Kalos said he had heard enough evidence and even though he had reservations and thinks a lot could be shown with a traffic study he does not think it will make that much of a change. Mr. Schramm said he would vote without a traffic study and Mr. Pyne said he felt the only addi- tional cars would be residents . On a vote of 3 to 1 the Board decided to pass the application with Mrs . Carlson voting against. The Board passed the application with the stipulation being added to the Resolution that the developer and any future owners maintain a barrier of hedges at the Madison Avenue end of the private driveway. The following Resolution was adopted: WHEREAS, Garfield Housing Corp. has filed an application for the approval of the amalgama- tion of two parcels into one and the extinguish- ing of three Town streets with the creation of one Town street on the property located on the southwesterly side of Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcels 148 and 299; and WHEREAS, pursuant to Section 276 and 277 of the Town Law a Public Hearing was held on Sep- tember 16 , 1981 and a continuation of the Hear- ing was held on October 14, 1981 after notice was published in the official newspaper of the Town of Mamaroneck, the Daily Times; and WHEREAS, this Board has examined the plans and determined that the same are satisfactory; NOW, THEREFORE, BE IT RESOLVED, that the application of Garfield Hous- ing Corp. be approved subject to the following conditions : 1 . That the applicant obtain appro- val from the Westchester County Health Department for all public water sup- ply facilities to serve all structures intended for human occupancy constructed in said subdivision . 2. The applicant shall install all street improvements in accordance with the plans and specifications as filed with this application and in accordance with the standards and specifications acceptable to the ap- propriate Town Departments and any revisions which are noted on the final plans. 3. No building permit shall be issued until the applicant either furnishes a performance bond or posts a cash deposit in the amount specified by the Town Engineer for the completion of such improvements , such bond to run for a term of one year and to be issued by a bonding or surety com- pany approved by the Town Attorney as to form, sufficiency and manner of execution . 4. That formal offers or deeds of cession to the public of all streets, highways or public places and any necessary 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 Attorney until such streets are formally accepted by the Town Board, provided that such delivery of such offers or deeds shall not constitute an acceptance by the Town of the dedi- cation of any such street, highway, easements or public places , nor waive the payment of necessary title charges and recording fees , but that such acceptance shall be based solely upon the adoption of a Resolution by the Town Board. 5. That the applicants obtain approval from the Westchester Joint Water Works and from the Town Board of the Town of Mamaroneck for the relocation of the water mains as shown on the con- struction drawings and that an amount sufficient to cover the amount of the relocation of said water mains and appurtenances as estimated by the Manager of the said Water Works be deposited with said Water Works . 6 . The applicant furnish construc- tion drawings to be approved by the Town Engineer. 7. That the applicant or any future owners maintain a barrier of hedges as a buffer at the Madison Avenue end of the private driveway. FURTHER RESOLVED, that upon compliance with all of the above conditions , the Chairman of the Planning Board is hereby authorized to sign the map as evidence of approval of same. It was decided that because the next scheduled meeting was on a holiday (November 11th) the meeting be held on November 18th . ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 11 :30 P.M. '02Gl ita A. Johns , Secretary A Court Stenographer was present for the application of Garfield Housing Corp. and his report is filed in the folder for the applicant.