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HomeMy WebLinkAbout1986_12_10 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK DECEMBER 10, 1986, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The Chairman called the meeting to order at 8:25 P.M. ROLL CALL Present: Sanford A. Bell, Chairman Mary Carlson Gaetano Scutaro Patricia Latona Norman L. Cannon Absent: Lester M. Bliwise Anton Schramm Also Present: Lee A. Hoffman, Jr., Town Attorney Gary B. Trachtman, Town Engineer Stephen V. Altieri, Town Administrator Lawrence A. Lerman, Town Board Liason Mary Ann Johnson, CZMC Shirley Tolley, CZMC Joseph Jacoby, Public Stenographer from: J & L Reporting Service 180 East Post Road White Plains, New York Jean A. Marra, Recording Secretary SCHEDULING The Chairman stated that the next meeting of the Planning Board will be held on January 14, 1987. December 10, 1986 1. APPRGJAL OF MINUTES The Minutes of November 12, 1986 were presented and, on motion by Mrs. Latona, seconded by Mrs. Carlson, were approved with Mr. Cannon abstaining due to his absence at the meeting. At this time the Chairman announced that the order of the agenda would not be adhered to due to the fact that the Public Stenographer was not feeling well and that the two Public Hearings which were scheduled would be heard first. 4. PUBLIC HEARING - SITE PLAN APPROVAL 1319 Madison Avenue Block 132 Parcel 469 Madison-Larchmont, Inc. F. Ferrarone, President On motion by Mrs. Latona, seconded by Mr. Cannon, the Public Hearing was unanimously declared opened. Mr. Edward J. Ferrarone, President of Madison-Larchmont, Inc. , presented the application to convert the use of the former Daitch Shopwell to offices. He stated that a zoning variance for the parking was obtained from the Zoning Board of Appeals on October 22, 1986, Case #755, and that they are now requesting final approval of the site plan. He added that the building would not be enlarged. Mr. Ferrarone indicated that according to the traffic survey that was done, it was determined that the traffic would be one-seventh of that generated by the former use of the premises. - 2 - December 10, 1986 Mrs. Latona inquired how the proposed staged conversion of the use would be implemented to which Mr. Ferrarone explained that as the leases expired for the present tenants, that they would not be renewed and at that time those premises would be remodeled for office use. Mr. Frank Webers, President of Collins Brothers Movers, appeared in favor of the application and stated that he saw this as an improved use because it would reduce traffic in the area. Ms. Maureen Norton of 101 North Chatsworth Avenue, appeared and stated that she, too, was in favor of the application. Mary Ann Johnson, of the C7 MC and also a resident of the Village of Larchmont, stated that she was concerned about drainage problems and inquired if any measures were being taken to prevent drainage problems in the Pine Brook area to which Mr. Ferrarone replied that existing drainage would not be changed as the project engineer said it was sufficient. Mrs. Johnson then asked if the oil tank had been examined to see if a replacement would be necessary because she was worried about spillage into the Pine Brook area to which Mr. Ferrarone stated that they planned on converting to gas heat eventually. Chairmen Bell inquired if a change in use of heating systems necessitated the applicant obtaining a permit from the building department to which Mr. Trachtman stated that he was unaware of any such requirement. Mrs. Carlson asked Mr. Ferrarone if he had looked at the new Joint Planning Study of which Phase I was recently completed to which Mr. Ferrarone replied that the study had called for more intensity than what was being proposed. He added that he felt this particular area was not a very strong retail area. On motion by Mrs. Latona, seconded by Mr. Cannon, the Public Hearing was unanimously declared closed at 8:40 P.M. - 3 - December 10, 1986 At this time, on motion by Mr. Scutaro, seconded by Mrs. Carlson, the Site Plan Approval was granted and the following resolution was unanimously adopted: SITE PLAN APPROVAL WHEREAS, Madison-Larchmont, Inc. has submitted a completed application for Site Plan Approval for premises located at 1319 Madison Avenue (Daitch Shopwell) known as Block 132, Parcel 469, and WHEREAS, this Board has previously determined that this proposal is a Type II Action for the SEQRA purposes, and WHEREAS, the Building Inspector and Consulting Engineer to the Town have reviewed the submitted plans, and WHEREAS, a Public Hearing was held, pursuant to notice, at a meeting of this Board on December 10, 1986; NOW, THEREF'ORE, BE IT RESOLVED, that the Site Plan application submitted by Madison-Larchmont, Inc. be, and it hereby is, approved, subject to the following terms and conditions: 1. Prior to issuance of any Building Permits, the applicant shall produce, for review by the Consulting Engineer, an inspection report concerning the condition of the oil tanks beneath the property, and the applicant will comply with all recommendations of the Consulting Engineer to the Town concerning removal from use of such tanks, if necessary, and the applicant shall further provide a report if the tanks are ever removed from use due to conversion from oil heat to gas heat for the subject premises. * * * * * - 4 - December 10, 1986 2. PUBLIC HEARING - SPECIAL PERMIT 179 Griffen Avenue Block 306 Parcel 663 Mr. David Arnow Fred Myers of Myers Contracting presented the applicant's request to install four solar panels to the rear roof of existing structure and then requested that the Public Hearing be waived to which Attorney Hoffman stated that it could not be waived because the Planning Board cannot override the Building Inspector's interpretation of the Building Code. On motion by Mr. Scutaro, seconded by Mrs. Latona, the Public Hearing was unanimously declared opened. There being no questions nor comments from either the Board members or from members of the audience, on motion by Mrs. Latona, seconded by Mrs. Carlson, the Public Hearing was unanimously declared closed at 8:45 P.M. Thereafter, on motion by Mr. Scutaro, seconded by Mrs. Latona, the Spcial Permit was granted and the following resolution was unanimously adopted: SPECIAL PERMIT WHEREAS, David Arnow has submitted an application for a Special Permit, pursuant to Section 89-48 et seq of the Zoning Code of the Town of Mamaroneck, for authorization to permit installation of solar collectors on the roof of his residence, and WHEREAS, this Board has previously determined that this is a Type II Action, having no significant impact on the Environment, and WHEREAS, a Public Hearing was held, pursuant to notice, at a meeting of this Board on December 10, 1986; NOW, THEREFORE, BE IT - 5 - December 10, 1986 RESOLVED, that this Board makes findings of fact as follows: 1. The proposed use is in general harmony with the surrounding area and will not adversely impact upon adjacent properties; 2. The operations in connection with the Special Permit use will not be more objectionable to nearby properties than would be the operations of any permitted use not requiring a Special Permit; 3. The proposed Special Permit will be in harmony with the general health, safety and welfare of the surrounding area; and 4. There are no existing violations of the Town of Mamaroneck Zoning Ordinance on the property which is the subject of this application; AND BE IT FURTHER RESOLVED, that the application for the Special Permit be, and it hereby is, granted, provided that all construction of the said solar collectors and panels be in accordance with the plans submitted with this application. * * * * * 3. FURTHER CONSIDERATION OF ENVIRONMENTAL REVIEW AND ALTERNATE SUBDIVISION LAYOUT Salem Drive & Boulder Circle Block 309 Parcels 1799 and 3 Mr. Robert Armour William Maker, the applicant's attorney, Bill Morgenroth, the applicant's engineer, and Mr. Armour appeared in support of the subdivision proposal. - 6 - December 10, 1986 Mr. Maker requested additional information pertaining to the designation of this application as an Unlisted Action to which Attorney Hoffman stated that according to the Town's local laws, an Unlisted Action had to be referred to CZ M and that this should be done as early in the process as possible and before an environmental determination was made. He added that a determination of significance would have to be made and that could be done on January 14, 1987, immediately before the Public Hearing. Mr. Maker asked under what local law this action was necessary to which Attorney Hoffman stated that mandatory referral to CL M for comment and review was required under Local Law No. 5-1986, the Local Consistency Law. Mrs. Carlson inquired as to what determinations CLM would be dealing with to which Attorney Hoffman replied that CZ M would comment on a number of areas such as if the proposed action was consistent with certain policies as set forth in the LWRP or if there would be any adverse effects as a result of the proposed application being granted. At this time, the members of the Board discussed the alternative plans which were submitted at the last meeting and Mr. Morganroth explained where the homes would be placed in the building envelopes. Mr. Scutaro voiced his objection to all of the flag lots and suggested that CZ M review the plans first to which Chairman Bell explained that if CL M made certain findings, the Planning Board could be bound by them. Mr. Morganroth stated that the only traffic in the area would be what was generated by the home owners and that in order to eliminate one of the driveways, a common driveway could be considered as an alternative. At this time, it was the consensus of the Board that the original plan submitted, preferably with a common driveway, be the one reviewed by CLM and the Chairman requested that the secretary make the standard referral to the CZ MC. - 7 - December 10, 1986 Thereafter, on motion by Mr. Cannon, seconded by Mrs. Carlson, it was unanimously resolved that this matter be scheduled for a Public Hearing on January 14, 1987 subject to significance being determined beforehand. * * * * * 9. REQUEST FOR EXTENSION OF APPROVALS Old Road Development Company (Z elnick property) John Seligman, the applicant's attorney, requested an extension of time to file final plans under Section 276 of the Town Law and on motion by Mr. Scutaro, seconded by Mr. Cannon, the Extension of Time was granted and the following resolution was unanimously adopted: EXTENSION OF TIME WHEREAS, this Board granted Final Sub- division Approval to Old Road Develop- ment Company on October 8, 1986; and WHEREAS, Old Road Development Company has requested an extension of time in which to file the Final Subdivision Map with the County Clerk; NOW, THEREFORE, BE IT RESOLVED, that Old Road Development Company be, and it hereby is, granted an additional sixty days, measured from the date of this meeting, to file the original subdivision plat with the office of the County Clerk of Westchester County. * * * * * - 8 - December 10, 1986 5. CONSIDERATION OF SITE PLAN APPLICATION 1375 Boston Post Road Block 411 Parcel 196 Midland Construction Mr. Victor D'Ortona, of Midland Construction, Mr. William Morganroth, the project engineer, and Mr. Degenshein presented the application for the proposed condominium office building and Mr. D'Ortona stated that he had just received Mr. Trachtman's letter and requested time to address that issue. Mr. D'Ortona also stated that, according to Mr. Trachtman's letter, this was going to be designated as a Type I Action to which Attorney Hoffman explained that a Type I Action is one that would impact on any number of freshwater wetlands such as what effects the project would have on the environ- ment. Mr. Trachtman questioned if the applicant was familiar with the amendment to the Town's Environmental Quality Review Law, Section 23-14, because that section is what he based his opinion on and Mr. D'Ortona stated that he would have to review the law more carefully and he then requested that the Board not vote on what type of action this was until he had more time to review the applicable law. Thereafter, on motion by Chairman Bell, seconded by Mrs. Latona, it was unanimously resolved that the Planning Board be designated as the Lead Agency. At this time, there was more discussion regarding an EIS and what adverse impacts would have to be addressed by the CZ MC and Chairman Bell stated that certain areas of concern had to be identified and without the necessary information, it was difficult to determine if a full-blown EIS would be required. Mrs. Latona brought to Mr. D'Ortona's attention the fact of how the people who were present earlier this evening were so concerned regarding an oil tank possibly leaking and she explained that environmental issues had to be addressed especially when a project, such as this one, presented a tremendous impact on the environment. - 9 - December 10, 1986 Following further discussion, on motion by Mr. Scutaro, seconded by Mrs. Latona, it was unanimously resolved that this matter be referred to the Coastal Zone Management Commission and that it be considered as either a Type I or an Unlisted Action at the present time. Thereafter, Mr. D'Ortona submitted a Traffic Study prepared for Midland Construction by RPPW Inc. and Chairman Bell requested that this document be referred to the Traffic Committee for their review. Mrs. Latona questioned the condition of the present sewer to which Mr. D'Ortona stated that when IHOP was built, the sewer line was to have been dedicated to the Town but it appeared from his research that it never was. At this time, on motion by Mrs. Latona, seconded by Mrs. Carlson, it was unanimously resolved that this matter be scheduled for a Public Hearing on January 14, 1987 subject to the CL M report. * * * * * 6. CONSIDERATION OF CL M REPORT 875 Fenimore Road Block 312 Parcel 1 Mr. R. Scheuer Mr. Richard Scheuer submitted one copy of an engineering report from Raymond Heimbuch, President of Clark & Papuan, Inc. of New York City and since the Board members did not have an opportunity to review the report, Attorney Hoffman recommended that the applicant's engineer contact Mr. Trachtman regarding the proposed minor changes. Mrs. Tolley stated that this application was approved by CZ MC and that they had made certain suggestions to the applicant to which Attorney Hoffman added that the recommendations made by (2 MC did not have to be complied with because they were just recommendations. - 10 - December 10, 1986 Chairman Bell suggested that since the Board members did not have an opportunity to review the findings of CZ MC as well as the letter and maps which were just submitted, that a Public Hearing be scheduled for January 14, 1987 with the understanding that a determination be made beforehand regarding the floodway location. On motion by Mrs. Carlson, seconded by Mrs. Latona, it was unanimously resolved that this matter be scheduled for said Public Hearing on January 14th with the understanding that a determination on the floodway location be decided beforehand. * * * * * 8. PRE-SUBMISSION CONFERENCE - SITE PLAN 178 Myrtle Blvd. Block 133 Parcel 627 Coughlin Realty Corp. Mr. Donald Mazin, the applicant's attorney, stated that a similar plan had been submitted to the Board in July 1986 and that plan was altered to include underground parking and he introduced Mr. Meltzer of Design Collaborative, White Plains, NY, who proceeded to present an architectural rendering of the proposed two-story office building. Mr. Mazin stated that Coughlin Realty was in the process of acquiring a parcel of land across the street from the proposed site which will be used for additional parking. Mr. Cannon asked how many parking spaces were required to which Mr. Mazin stated 68 and that would be obtained by combining the two parking areas. Mr. Meltzer indicated that the set back would be 25 feet from the rear line and also that the second floor only overhangs the first floor in the front of the building. Mr. Bernie Axelrod, a resident of the apartment building located in back of the proposed site, had some questions regarding the protection of light and air to his building. Mrs. Carlson stated that, in her opinion, the site was being overloaded. - 11 - December 10, 1986 Mr. Mazin stated that the question of parking was raised at the first meeting and that had been complied with. He added that no other problems or issues had arisen at that time to which Mrs. Latona responded that Mr. Mazin's comments were well taken but that the Planning Board does have obligations to others as well. Mr. Coughlin offered that the questions raised at the previous meeting regarded the parking problems. He said that situation had been corrected so now he could build higher up and not put in a "box" for a building. Mr. Trachtman suggested moving some storage area from the second floor down to the island in the middle of the parking structure to allow for more room upstairs thus, the building dimensions could be decreased to which Mr. Coughlin stated that his office was computerized and besides he would not use such an expensive area to store old papers. Mr. Cannon questioned exactly what it was Mr. Axelrod wanted to which Mr. Axelrod explained that he would like to see the building made smaller and moved over on the parcel so that it would not prevent any light or air from coming into his apartment. He added that he was just requesting that as much light and air as possible be left for the residents of the building. Mr. Coughlin said that area was a "hot spot" and no breeze would blow because of the height of the other buildings. Mr. Mazin then thanked the Board members for their input. * * * * * 7. CONSIDERATION OF CZ M REPORT 109 Griffen Avenue Block 305 Parcel 903 Mr. Ronald Lourie Attorney Hoffman refreshed the Board's recollection of what had transpired at the last Planning Board meeting regarding this application. Mr. Trachtman offered that he had not received a reply to his letter from Mr. Gabe Senor, the applicant's architect. - 12 - December 10, 1986 Chairman Bell then suggested that the applicant's architect contact Mr. Trachtman to which Mr. Trachtman added that more information was needed on the adjacent properties in order to ascertain how construction would impact on them and he recommended that the area be surveyed. * * * * * At this time, Attorney Hoffman presented a proposed resolution regarding subdivision approval and recommended its adoption and, on motion by Mr. Cannon, seconded by Mrs. Carlson, the following resolution was unanimously adopted: BE IT RESOLVED, that Section 3, Subdivision of the Subdivision Plat Regulations of the Planning Board of the Town of Mamaroneck be amended to read as follows: SUBDIVISION - means the division of any parcel of land into two (2) or more plots, lots, sites or other divisions of land for immediate or future sale or for building development. Chairman Bell then requested that this matter be referred to the Town Board for their approval. * * * * * ADJOURNMENT There being no further business to come before the Board, on motion by Mr. Scutaro, seconded by Mrs. Latona, the meeting was unanimously adjourned at 11:40 P.M. • Jean A. Marra Recording Secretary - 13 -