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
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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
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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.
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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.
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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.
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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
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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
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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.
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February 10, 1988
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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