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HomeMy WebLinkAbout1988_02_10 Planning Board Minutes (2) C MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK FEBRUARY 10, 1988, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Chairman Bell at 8:26 P.M. ROLL CALL Present: Sanford A. Bell, Chairman Norman L. Cannon James J. Romeo Anton Schramm Gaetano Scutaro Absent: Lester Bliwise Patricia Latona (:: Also present: Stephen V. Altieri, Town Administrator Lee A. Hoffman, Jr. , Town Counsel Claudia Ng, Conservation Coordinator Shirley Tolley, CZMC Gary Trachtman, Consulting Engineer Bonnie M. Burdick, Recording Secretary INTRODUCTION OF NEW MEMBER OF BOARD Mr. Bell introduced James J. Romeo, the new member of the Planning Board replacing Mary R.S. Carlson who has resigned. 1. CONSIDERATION OF FINAL SUBDIVISION APPROVAL RESOLUTION N.P. Associates 116 Old White Plains Road Block 340 Parcels 160 & 360 Mr. Hoffman made several minor corrections to the Resolution. Colin Huston, a neighbor of the subdivision, spoke fro the audience. He was concerned that with the new construction, water will accumulate on his property and felt that the proposed road was too close to his property. It was pointed out by the Board that the road had been placed where it is because Mr. Huston is planning a subdivision also. The language of the Resolution covers Mr. Huston's concerns about water. Mr. Huston will February 10, 1988 -2- (:: be able to come before the Board at the time of the individual site plan approvals. Mr. Scutaro had doubts regarding Mr. Huston's concerns but was pursuaded to accept the decision made at the January meeting. Therefore, on motion by Mr. Schramm, seconded by Mr. Cannon, with Mr. Romeo abstaining because he was not a member of the Board at the time of the original decision, the following Resolution was unanimously adopted: WHEREAS, N.P. Associates, Inc. has submitted an application for final subdivision approval for a parcel of land located on Old White Plains Road, Town of Mamaorneck, New York, and WHEREAS, the Planning Board has conducted and completed proceedings pursuant to SEQRA, and WHEREAS, the Planning Board issued preliminary subdivision approval by Resolution at a meeting on October 14, 1987, and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, all correspondence from Town officials, the Consulting Engineer to the Town, the Coastal Zone Management Commission and interested residents, and a Public Hearing having been held on January 12, 1988, and WHEREAS, it appears that the major controversial issues are the mode of escavating rock in the bed of Old White Plains Road to make necessary utility hook-ups and the existence of an undersized lot (Lot #6) on the Subdivision Plan, NOW, THEREFORE, BE IT RESOLVED, final subdivision approval is hereby granted on the application by N.P. Associates, Inc. , subject to all terms and conditions set forth below: 1. General Requirements All public streets and other public places on such plats shall be suitably graded and paved and that street names, traffic signs, street lighting, facilities, curbs, gutter, suitable monuments, water mains, storm drains, sanitary sewer facilities, street trees, and other public facilities shall be installed all in accordance with the latest standards and specifications in force at the time work is started and in accordance with the approval plan, particularly with respect to "Subdivision Map of Winged Foot Estates East" dated December 12, 1987 and construction plan and details (3 sheets) dated November 23, 1987. February 10, 1988 -3- (:: All easements and other deed restrictions which are imposed as conditions of this final subdivision approval must be approved as to form and content by Counsel to the Town prior to the signing of the final subdivision plat by the Chairman of the Town of Mamaroneck Planning Board. 2. Compliance with SEQRA A. Consistent with social, economic and other essential considerations of State policy, to the maximum extent practicable from the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Impact Statement, and B. All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment forms and addendum thereto and all special requirements and modifications set forth herein. 3. Special Requirements A. Water retention and drainage 1) Plans for water retention facilities, if any, and drainage facilities shall be submitted in the application for final subdivision approval. 2) The applicant shall execute a drainage facility maintenance agreement with the Town of Mamaroneck, in a form approved by the Consulting Engineer and the Counsel to the Town, for all drainage facilities which are not on property which is to be offered for dedication to the Town. 3) On lots on which there are swales, retention areas or drainage facilities, there must be deed restrictions which prevent any construction in retenetion areas and provided that the owners must maintain the grades /�• within swales or retention areas. The deed restriction must be approved as to form by Counsel to the Town. February 10, 1988 -4- 4) On any lots on which there are drainage pipes or other drainage facilities, there must be an easement for the Town for access to the drainage pipe(s) for maintenance. The easement must be 15 feet wide, with a specific requirement for the pipe to be 5 feet from a property line. 5) All easements shall provide for additional agreements between the owner of the premises and the Town for the Town to provide, at its option and without obligation to the Town, emergency maintenance in the event the owner of the lot does not, and also to provide for the Town to restore retention areas and swales if the owner does not. Except in cases of extreme emergency, the Town will give the owner of the land 30 days notice to maintain or restore the appropriate facilities, retention areas and swales before doing work on its own. These easements and agreements shall provide that any expenses incurred by the Town shall be charged back to the particular lot on the next tax assessment. All such easements and agreements shall be approved by Counsel to the Town as to form. B. Rock Excavation 1) All rock excavation shall be done by mechanical means. If the use of mechanical means is impracticable or causes substantial inconvenience, the applicant may request that the Planning Board amend the subdivision approval to permit blasting in aid of rock excavation in lieu of mechanical means. 2) All blasting activities must be in accordance with the Town of Mamaroneck's blasting regulations and a blasting permit must be obtained for any blasting activities. C Builiding Envelopes and Specific Drainage Requirements Prior to any construction, specific on-site soil investigations shall be conducted on each lot and in the areas of the proposed roads. The findings shall be discussed with the Consulting Engineer with a view toward designing proper mitigating measures to control the ground water (footing drains or foundations/underdrains for road) . Recommendations of the Consulting Engineer shall be determinative. February 10, 1988 -5- C The Town Freshwater Wetlands Law and other applicable legislationmust be complied with prior to the issuance of the building permit for construction on particular lots. D Erosion and sedimentation control - during construction 1) Erosion and sedimentation control plans should be based upon the standards presented in the Westchester County Best Management Practices manual for construction relating activities and as set forth on Sheet Nos. 2 & 3 dated 11/23/87 prepared by Thomas J. McEvoy, L.S. 2) The control plans shall include a construction timetable and an inspection schedule. 3) Specific erosion control and grading plans of each lot must be approved by the Consulting Engineer prior to the granting of building permits for individual lots. Erosion control measures must be installed as soon as practicable on individual lots prior to excavation of foundations. E. Performance Bonds/Letter of Credit 1) Prior to issuance of any building permits or the commencement of any construction activities, a Performance Bond to the Town of Mamaroneck shall be filed in amounts and periods of time to be determined by the Consulting Engineer to the Town, and the balance shall be secured by a Letter of Credit. The Letter of Credit may provide for draw-down, but the Letter of Credit shall be held against the retention of 10% for the amount of time determined by the Consulting Engineer. 2) The final subdivision plat shall contain the notation concerning an irrevocable offer of dedication required by Town Law 278. F. Disposition of Lot No. 6. Lot No. 6 is not a conforming builidng lot under the Town of Mamaroneck Zoning February 10, 1988 -6- Ordinance. If Lot No. 6 is not conveyed to an adjoining lot owner within one year of the signing of the subdivision map by the Chairman of the Planning Board, Lot No. 6 shall merge and become part of Lot No. 5 on said subdivision map. G. Trees 1) The Planning Board specifically finds that any trees located in the roadways and utility easements in the proposed subdivision may be removed without further consideration, pursuant to Section 76-A-2(B) of the Tree Preservation Law. 2) The Tree Preservation Law of the Town of Mamaroneck must be complied with before a building permit is issued on individual lots, with respect to construction of residences, driveways, etc. H. Requirements, documents and inspections 1) The applicant shall provide 1 Mylar reproducible set of approved drawings to the Town and 1 set to the office of the Consulting Engineer to the Town, and an additional 10 sets of drawings to the Town. 2) The applicant shall submit to the Town 1 Mylar reproducible and 4 copies showing the "as built" conditions for all public improvements prior to the granting of a permanent Certificate of Occupancy for any residence. I. Formal Offers of deeds Formal offers of deeds of cession to the public of all strets, highways or public places of any necessary easements indicated on the plans filed with the Planning Board, shall be in a form satisfactory to Counsel to the Town and shall be held by said Counsel until such streets are formally accepted by the Town Board, provided that such delivery of any C offers or deeds shall not constitute an acceptance by the Town of the dedication of February 10, 1988 -7- C any such street, highway, easements or public places, or waive the payment of necessary title charges or recording fees but that such acceptance shall be based solely on the adoption of a resolution by the Town Board. J. Certifications The applicant shall provide the Town with certification by a licensed professional engineer that the work has been done in accordance with the plans and that the "as built" plans submitted constitute the actual field conditions. 2. CONSIDERATION OF APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Leo Paul Tomczyk 46 East Brookside Drive Block 212 Parcel 180 Neither the applicant nor his representative was in attendence. However, on motion by Mr. Schramm, seconded by Mr. Cannon, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determing whether the proposed application has a significant impact on the environment. And it is further RESOLVED, that this matter is a Type I Action with mandatory referral to CZMC. 3. DISCUSSION OF FRESHWATER WETLANDS AND WATER COURSES PERMIT PROCESS Mr. Hoffman described a memo that he had recently written. He explained that he felt no freshwater permits should be issued for above-ground construction when no ground was disturbed. The Board concurred unanimously. ***** February 10, 1988 -8- r^ 4. PRELIMINARY CONFERENCE Doherty Property Gaillard Place and Dillon Road Mr. Widulski appeared before the Board. He stated that, as requested by the Planning Board, he had met with the Town Administrator, Mr. Trachtman, Ms. Ng, and Mr. Leddy, Town Highway Sperintendent. At this meeting it was determined that the house in New Rochelle would have sewer connections into the city sewer. There was much discussion about the level of the driveway proposed off of Dillon Road,the curve of Dillon Road, and the plans to use a driveway rather than a road for access to the houses. Mr. Hoffman requested a title report showingthe chain of ownership and also exact measurements so that the Board could determine the lot lines in connection with the road,the driveway, the utility easements, and the New Rochelle border. Since the property will not front on a public road, the application will need to go before the Zoning Board. Ms. Ng was requested to get a written opinion from the New York State Department of Fish and Wildlife as the property lies very close to a eoft.' Critical Environmental Area. Mr. Widulski agreed to the suggestions of the Board and said that he would be back before it soon. ***** APPROVAL OF MINUTES Since there was not a majority present of those at the January meeting, these minutes could not be approved. ADJOURNMENT On motion by Mr. Cannon, seconded by Mr. Romeo, the meeting was adjourned at 9:50. ernim.110 M. 444.44.der Bonnie M. Burdick Recording Secretary