HomeMy WebLinkAbout1987_02_11 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE
PLANNING BOARD OF THE TOWN OF MAMARONECK
FEBRUARY 11, 1987, IN THE COURTROOM, TOWN OFFICES
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
CALL TO ORDER
The meeting was called to order by Acting Chairman
Bliwise at 8:20 P.M.
ROLL CALL
Present: Lester M. Bliwise, Acting Chairman
Mary Carlson
Anton Schramm
Patricia Latona
Norman L. Cannon
Absent: Sanford A. Bell
Gaetano Scutaro
Also Present: Lee A. Hoffman, Jr., Town Attorney
Gary B. Trachtman, Town Engineer
Shirley Tolley, CZMC
Phyllis Whittner, CZMC
Claudia Ng, Environmental Assistant
Lawrence A. Lerman, Town Councilman
Joseph Jacoby, Public Stenographer from:
J & L Reporting Service
180 East Post Road
White Plains, New York
Jean A. Marra, Recording Secretary
SCHEDULING
The Acting Chairman stated that the next meeting of the
Planning Board will be held on March 11, 1987.
1. APPROVAL OF MINUTES
Due to the composition of the Board, action on the
minutes of December 10, 1986 and January 14, 1987 was
tabled.
February 11, 1987
2. CONSIDERATION - PROPOSED RESOLUTION FOR
PRELIMINARY SUBDIVISION APPROVAL
Salem Drive & Boulder Circle
Block 309 Parcels 1799 & 3
Mr. Robert Armour
Attorney Hoffman stated that this was an application for
Preliminary Subdivision Approval and a proposed resolution
has been prepared which he and William Maker are in general
agreement with, including some suggestions and changes.
For the record, Attorney Hoffman, indicated that even though
it does not have to be finalized just yet, a formal resolu-
tion of non-significance on SEQR has to been made by the
Board and on motion by Mr. Schramm, seconded by Mrs. Latona,
it was unanimously
RESOLVED, that this action has previously
been determined to be an Unlisted Action
with an EAF having been submitted along
with additional information that was
submitted, and based on review of that,
this Board finds that this action is non-
significant.
At this time, Mr. Maker addressed the Board and spoke with
regard to the proposed changes in the resolution and he
indicated that there would be no public improvements in this
subdivision and certain references thereto could be elimi-
nated.
Attorney Hoffman noted that he was uncertain if the Town had
the power to require the posting of a bond in this matter so
he and Mr. Maker have agreed to subr 'ate a paragraph which
states that Counsel to the Towr determine if it is
necessary, prior to Final Subdivi '1.
February 11, 1987
2. CONSIDERATION - PROPOSED RESOLUTION FOR
PRELIMINARY SUBDIVISION APPROVAL
Salem Drive & Boulder Circle
Block 309 Parcels 1799 & 3
Mr. Robert Armour
Attorney Hoffman stated that this was an application for
Preliminary Subdivision Approval and a proposed resolution
has been prepared which he and William Maker are in general
agreement with, including some suggestions and changes.
For the record, Attorney Hoffman, indicated that even though
it does not have to be finalized just yet, a formal resolu-
tion of non-significance on SEQR has to been made by the
Board and on motion by Mr. Schramm, seconded by Mrs. Latona,
it was unanimously
RESOLVED, that this action has previously
been determined to be an Unlisted Action
with an EAF having been submitted along
with additional information that was
submitted, and based on review of that,
this Board finds that this action is non-
significant.
At this time, Mr. Maker addressed the Board and spoke with
regard to the proposed changes in the resolution and he
indicated that there would be no public improvements in this
subdivision and certain references thereto could be elimi-
nated.
Attorney Hoffman noted that he was uncertain if the Town had
the power to require the posting of a bond in this matter so
he and Mr. Maker have agreed to substitute a paragraph which
states that Counsel to the Town will determine if it is
necessary, prior to Final Subdivision Approval.
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February 11, 1987
Mrs. Latona questioned if this situation had ever come up
before and Mr. Hoffman said that it hadn't because most
subdivisions required new roads and utilities, etc.
It was noted by Attorney Hoffman that Boulder Circle was not
a Town street and he recommended that a condition be added
to the proposed resolution where no certificate of occupancy
or building permit be issued for the lot which fronts on
Boulder Circle until such time that road was accepted by the
Town. Mr. Maker stated that he found this condition very
difficult to accept, and just because he was also the
attorney for the Fenbrook Subdivision, he stated that one
development had nothing to do with the other being approved.
The problem would have to be resolved prior to Final Sub-
division Approval and, Mr. Hoffman added, Counsel to the
Town would research this and condition it upon the Town's
acceptance of Boulder Circle.
Acting Chairman Bliwise stated that whose obligation it was
to dedicate the road should not be the responsibility of the
Planning Board and he thought that it would be impossible to
give approval in a situation where the Town may not be able
to provide access to a home on Boulder Circle.
Thereafter, Mr. Schramm moved to approve the Preliminary
Subdivision Approval with corrections and conditions as set
forth. Mrs. Latona seconded the motion, with Mr. Bliwise
voting nay stating that the resolution should require the
dedication of the public road prior to the issuance of a
permanent certificate of occupancy.
Following further discussion, on motion by Mr. Schramm,
seconded by Mrs. Latona, it was unanimously
RESOLVED, that the previous motion and
negative decision regarding Preliminary
Subdivision Approval be rescinded and
that this matter be adjourned to the
March meeting in order to provide
sufficient time for Counsel to the Town
to research the legalities regarding
certificates of occupancy being issued
prior to the dedication of a public
road.
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February 11, 1987
3. CONTINUE PUBLIC HEARING - SITE PLAN APPROVAL
MIDLAND CONSTRUCTION, INC.
1375 Boston Post Road
Block 411 Parcel 196
The Public Stenographer was present for this meeting and his
notes will become a permanent part of this record.
On motion by Mr. Schramm, seconded by Mrs. Latona, it was
unanimously
RESOLVED, that the Public Hearing be,
and it hereby is, reopened.
Attorney Hoffman presented a communication from the new
Building Inspector, William Jakubowski, wherein it was
stated that if the center of the roof was fully glazed, the
building was acceptable under the height requirements.
In accordance with Mr. Gary Trachtman's letter of February
5, 1987, revised plans were presented to him by Mr. Victor
D'Ortona.
Mr. D'Ortona informed the Board that the Traffic Committee
had substantially approved the plan with a "No Left Turn"
proviso when exiting from the property.
There would be much more vehicular traffic with more people
coming and going, Mrs. Latona added, to which Mr. Degershein
explained that patients and clients would be coming and
going during the day but that the traffic study was done for
the peak hours.
Mr. Donald Mazin announced that he was at the Traffic
Committee meeting when the Chief of Police had stated that
he had no objection to vehicles making left-hand turns off
of Boston Post Road and crossing the double yellow lines in
order to gain access to the premises.
- 4 -
February 11, 1987
Mr. George Forbes appeared and questioned the proposed wall
to be constructed on the premises, to which Mr. Trachtman
replied that only a curb was shown on the plans; not a wall.
There being no one else who wished to be heard, on motion by
Mrs. Latona, seconded by Mrs. Carlson, it was unanimously
RESOLVED, that the Public Hearing be,
and it hereby is, declared closed.
Some comments and suggestions were given by Mr. Trachtman
regarding the proposed resolution and Mr. Hoffman suggested
that the posted bond should have an upward limit of $50,000.
Thereafter, on motion by Mr. Schramm, seconded by Mrs.
Carlson, the Board unanimously adopted the following
Resolution:
SITE PLAN APPROVAL
MIDLAND CONSTRUCTION, INC.
WHEREAS, Midland Construction, Inc. has submitted an
application for Site Plan Approval for a parcel of
land on Boston Post Road, Town of Mamaroneck, New
York; and
WHEREAS, the Planning Board has conducted and
completed proceedings pursuant to SDQRA; and
WHEREAS, the Planning Board has reviewed all of the
submissions by, and on behalf of, the applicant, all
correspondence from Town officials, the Consulting
Engineer to the Town, and the Coastal Z one Management
Commission, and a Public Hearing having been held;
NOW, THEREFORE, BE IT
RESOLVED, that Site Plan Approval is hereby granted to
the application submitted by Midland Construction,
Inc. , subject to all terms and conditions set forth
herein:
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ADDENDUM TO PLANNING BOARD MINUTES OF
FRRRUARY 11, 1987
MIDLAND CONSTRUCTION, INC.
1. General Requirements
All site work, traffic controls, landscaping,
storm water drainage and treatment systems shall
be in accordance with and subject to certain
revision dates of the plans submitted, as follows:
1) Drawing SP-1, Site Plan, dated 11/25/86;
revised 3/6/87.
2) SP-2, Location Map, Sections, Elevations,
dated 10/29/86.
3) SP-3, Site Utility, Grading Plan, prepared by
William E. Morgenroth, P.E., dated 12/29/86;
revised 1/27/87.
4) SP-4, Site Details, prepared by William E.
Morgenroth, P.E. , dated 11/24/86; revised
1/25/87.
5) SP-5, Landscape Plan and Details, dated
11/25/86.
6) Storm Water Drainage and Treatment System,
Sheet 1 of 1, prepared by Joseph F. Risoli,
P.C., dated 12/29/86.
7) SP-6, Erosion Control Plan, prepared by
William E. Morgenroth, P.E., dated 11/23/86;
revised 2/6/87.
8) SP-7, Erosion Control Details, prepared by
William E. Morgenroth, P.E., dated 11/23/86;
revised 1/87;and
as modified by the conditions set forth herein.
(Revised March 6, 1987)
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February 11, 1987
1. General Requirements
All site work, traffic controls, landscaping,
storm water drainage and treatment systems shall
be in accordance with and subject to certain
revision dates of the plans submitted, as follows:
1) Drawing SP-1, Site Plan, dated 11/25/86.
2) SP-2, Location Map, Sections, Elevations,
dated 10/29/86.
3) SP-3, Site Utility, Grading Plan, prepared by
William E. Morgenroth, P.E., dated 12/29/86.
4) SP-4, Site Details, prepared by William E.
Morgenroth, P.E., dated 11/24/86.
5) SP-5, Landscape Plan and Details, dated
11/25/86.
6) Storm Water Drainage and Treatment System,
Sheet 1 of 1, prepared by Joseph F. Risoli,
P.C., dated 12/29/86.
7) Erosion Control Plan and Details, prepared by
William E. Morgenroth, P.E., dated 11/23/86;
and
as modified by the conditions set forth herein.
2. Compliance with SEORA
1. 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 Assessment Form;
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 require-
ments and modifications set forth herein.
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February 11, 1987
3. Special Requirements
A. Water Retention and Drainage
1. The proposed storm water runoff drainage
system shall be inspected and maintained
as set forth in the plans submitted by
the applicant. The by-laws of the
office condominium to be constructed
shall contain provision for proper
maintenance and inspection and shall
require that the condominium Board of
Managers certify to the Town, on at
least a quarterly basis, that the
drainage system is operating properly.
Inspection, monitoring and sampling
ports shall be located either off the
paved area of the site or shall be
accessible without having to remove
pavement.
2. The owner shall enter into an emergency
maintenance agreement with the Town to
provide, at the option of and without
obligation to the Town, emergency
maintenance in the event the owner does
not properly maintain and inspect this
drainage system. These easements and/or
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 approved
by Counsel to the Town as to form and
content prior to the signing of the Site
Plan Resolution by the Chairman of the
Planning Board.
3. The Town reserves the right to require
the retrofitting of an oil separator on
the discharge of the proposed filter
system if sampling, under normal circum-
stances and consistent with the proposed
use as a parking lot, shows that oil in
the water discharge exceeds fifteen (15)
parts per million.
B. Erosion & Sedimentation Control — (During
Construction)
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February 11, 1987
1. Erosion and sedimentation control plans
should be based upon the standards
presented in the Westchester County Best
Management Practices manual for con-
struction-related activities.
2. The control plan shall include a con-
struction timetable and an inspection
schedule.
C. Sanitary Sewerage
1. The sewerage from the proposed building
shall be discharged directly to the
existing manhole at the northwest corner
of the property.
D. Traffic
1. There shall be no left-hand turns by any
vehicles exiting the site, and the
applicant shall post signs on its
property to that effect.
2. Curbcuts and other traffic-control
devices, including signs, shall be
subject to the approval of the New York
State Department of Transportation, and
such approval shall be provided to the
Town prior to the commencement of any
construction activities.
3. Any cross - parking easements between
the applicant and the property
immediately to the north shall be
approved by Counsel to the Town as to
form and content prior to the signing of
the Site Plan Resolution by the Chairman
of the Planning Board.
E. Provision of As-Built Plans
1. The applicant shall provide the services
of a licensed Professional Engineer to
certify completion of the work in accor-
dance with the approved plans. One (1)
Mylar reproducible and four (4) sets of
drawings showing the "as-built" con-
dition shall be furnished to the Town.
The Licensed Architect or Professional
Engineer shall certify to the Town that
the facilities were installed in
accordance with the approved plans.
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February 11, 1987
2. The following notes shall be added to
the Site Improvement Plan:
a. Approved for Town of Mamaroneck
with respect to water supply,
sanitary sewerage and storm water
drainage only with the following
conditions:
1. Center peak, as shown on the
building, shall be fully
glazed and applicant shall be
required to make application
to the Building Department for
a variance or Special Permit
if the center peak is to be
maintaind with a regular
roofing finish.
b. All sidewalks, roadways and curbs
disturbed during construction shall
be replaced in accordance with the
requirements of the New York State
Department of Transportation, the
Superintendent of the Town Highway
Department and subject to approval
of both said Superintendent and
Consulting Engineer.
MALCOLM PIRNIE, INC.
Environmental Engineers, Scientists
and Planners
2 Corporate Park Drive
P.O. Box 751
White Plains, NY 10602
F. Performance Bond/Letter of Credit
1. A performance bond and/or letter of
credit shall be furnished to the Town in
an amount not to exceed $50,000, and the
final amount shall be determined by the
Consulting Engineer.
2. Partial drawings shall be permitted when
work is accepted as complete and
approved by the Consulting Engineer.
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February 11, 1987
4. CONSIDERATION - STATE ENVIRONMENTAL QUALITY REVIEW
COUGHLIN REALTY CORP.
178 Myrtle Blvd.
Block 133 Parcel 627
Attorney Hoffman stated that this application was referred
to the CZMC and he suggested that a long form EAF be filed
to continue the environmental process review.
Mr. Donald Mazin, the attorney for the applicant, said that
the Planning Board had determined that this was an Unlisted
Action and that they were the Lead Agency. He also stated
that the Zoning Board of Appeals was in agreement with that
determination. He then requested that a negative declaration
on the environment be made and presented a communication
from Mr. Fred Kellogg regarding the SEQR proceedings.
This matter was also referred to the Traffic Committee, Mr.
Mazin stated, and he proceeded to distribute copies of the
traffic study to the members of the Board.
At this time, Acting Chairman Bliwise and Mr. Schramm
questioned the proper procedure of filing papers with the
Board having just received the two lengthy documemts.
Mr. Hoffman explained the procedures to be followed stating
that documents should be submitted fifteen (15) days in
advance so they can be reviewed by the Board members prior
to the meeting. He added that there was no time limitation
running against the Board regarding this matter and that
they had to have sufficient time to review the materials in
order to make a correct decision concerning the environ-
mental impact. He added that to date no long form EAF had
been received on this application.
Mr. Hoffman stated that he and Mr. Trachtman were in no
position to comment on the documents just received this
evening.
Mr. Mazin continued to explain that a gas station had
previously existed on this site and now a new building was
being constructed by a local businessman and to adjourn this
- 10 -
February 11, 1987
would be unfair because there are no adverse environmental
impacts. He continued that the Board had documents before
it and that he was present to answer any questions they had.
Mr. Fred Kellogg said, in recognition of the time element,
this letter was intended to be read out loud and they were
just trying to vacate things that may just resolve.
Mr. Stanely Bierman, representing the Clock Tower Building,
stated that basically, it was just Mr. Mazin's opinion that
there is no environmental impact and that he would like the
Board members to be aware of the serious environmental
issues regarding the underground streams which permeate the
area as well as the additional gas fumes which would be
created by the increased traffic. He added that without a
study of the impact of certain conditions, it would be
defeating the purpose of the Town's environmental laws. Mr.
Bierman then requested that a determination be made that a
negative impact statement cannot be issued.
Mr. Mazin then stated that a professional consultant did the
traffic study and that Mr. Kellogg's letter addressed the
underground streams.
Attorney Hoffman stated that the 15-day time issue regarding
the EAF notification requirement starts to run after the
necessary papers have been submitted and the issues are
settled such as the effects of an enclosed underground
garage on a neighboring building. These issues have to be
addressed and more information submitted to the Board before
they could undertake a decision as to the significance or
non-significance, Mr. Hoffman added, and he then recommended
that a long form EAF be filed.
Mr. Mazin said if there were impacts, that perhaps they
could be mitigated this evening rather than have a costly
postponement again.
Mr. Bernie Axelrod said he represented the residents of 2
Washington Square and conveyed their concerns over the lack
of light and air as well as limited amounts of grass being
replaced by blacktop, mortar and cement. He continued that
this proposed building would cover two and one-half times
- 11 -
February 11, 1987
what the Zoning Code permitted and that if this is allowed,
what would stop anyone else from doing the same thing. Mr.
Alexrod said their concerns were with the environment and
the building which is too large and would be harmful to
them.
The height of the building is 30 feet so no variance was
requested for that, Mr. Mazin offered, and the property is
located near the NYS Thruway. He added that many of the
residents of that building were favorable to the application
and that the height requirements were not being exceeded.
Mr. Henry Meltzer, the architect for the project, stated
they were building at 6,000 square feet more than what would
be permitted and that an additional piece of property was
being used for parking. The building is being raised up to
permit air to flow free and the project is not over-designed
for that particular property; it's a small office building
on a commercial street, Mr. Meltzer added. He continued by
saying that he could not believe this should require an EIS
as he has put up much larger buildings which did not require
that type of study.
In answer to a question by Mrs. Carlson, Mr. Mazin stated
that he did not recall being asked for a profile of the rear
of the building; he just recalled being asked to submit a
smaller building plan.
Mrs. Carlson said that she would like to see that done but
Mr. Mazin answered that it would be very costly and that
they were here this evening to decide significance.
Acting Chairman Bliwise explained that all development in
today's world takes time and money but that the Board's job
was not only to permit development on behalf of both
residents and non-residents, but also to follow the various
requirements of the law and to investigate and protect the
good of the community at large.
"If it takes a traffic study or an impact study or an
engineering report to protect the good and welfare of the
other residents of the community, it cannot be ignored
because it is the Board's duty to satisfy all residents,"
Mr. Bliwise stressed.
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February 11, 1987
"If it takes a traffic study or an impact study or an
engineering report to protect the good and welfare of the
other residents of the community, it cannot be ignored
because it is the Board's duty to satisfy all residents,"
Mr. Bliwise stressed.
"The documents that were submitted this evening have to be
reviewed by the Board members as well as Counsel to the Town
and the Consulting Engineer," announced Mr. Bliwise.
Mr. Mazin inquired if a hearing on the environmental issues
could be held at the same time a Public Hearing was held and
Mr. Hoffman explained that a Public Hearing could not be
scheduled until after the Zoning Board of Appeals ruled on
the variances and that the Zoning Board could not act until
the Planning Board made the determination of the environ-
mental study.
Acting Chairman Bliwise apologized for the delay and said
there was nothing that could be done except perhaps to build
a smaller building because all of this is a result of the
concerns raised and the impact it would have on the
neighbors. Mr. Bliwise stated that Mr. Trachtman would be
available to work with the applicant's engineer but at the
present time, there wasn't much else that could be done.
Mr. Coughlin reiterated what had transpired to date
regarding his application and concluded by saying that he
would have his engineer work with Mr. Trachtman.
Attorney Hoffman stated that he did not think a DEIS would
be necessary and that Mr. Trachtman was not in a position at
the present time to determine if a DEIS was needed. Mr.
Hoffman said it is hoped that at the next Planning Board
meeting, the environmental issues will be in a position to
be addressed and the applicant could then go before the ZBA
on the variances and if the variances were approved, the
applicant would come back to the Planning Board.
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February 11, 1987
Reading from the minutes of the January 14th Planning Board
meeting, Mr. Schramm indicated that all of the material
which was requested still has not be submitted.
Mrs. Latona asked if Mr. Mazin understood what the Board was
requesting of his client, to which Mr. Mazin replied in the
affirmative and added that he expects a determination at the
next meeting.
Mr. Trachtman then stated that a long form EAF was necessary
for an Unlisted Action and also that he did not receive the
short form EAF but Mr. Mazin stressed that it was filed when
the plans were submitted.
Following the recommendation of both Mr. Hoffman and Mr.
Trachtman, and on motion by Mr. Schramm, seconded by Mrs.
Latona, it was unanimously
RESOLVED, that this Board hereby
requests the applicant, Coughlin Realty
Corp., to furnish a long form EAF in
order for the SEQR process to be
considered as complete.
* * * * *
5. RECEIPT OF CZ M REPORT - PUBLIC HEARING
PRELIMINARY SUBDIVISION APPROVAL
Mr. & Mrs. Mark Rocconi
1 Gaillard Place
Block 504 Parcel 252
The Public Stenographer was present for this application and
his notes will become a permanent part of this record.
On motion by Mr. Schramm, seconded by Mrs. Latona, it was
unanimously
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February 11, 1987
RESOLVED, that the Public Hearing be,
and it hereby is, declared open.
Mr. Mark Rocconi, of 3 Gaillard Place, presented his
application for Preliminary Subdivision Approval.
Attorney Hoffman stated that before the Zoning Board, was
the issue regarding a proposed house with an existing lot
not meeting the zoning requirements but with the parcel of
land in New Rochelle being included, it would be oversized;
Town Law 280a had to do with no public street frontage.
When asked if the Zoning variance was approved, Mr. Rocconi
said it was deferred because the issue regarding the portion
of New Rochelle property had to be resolved.
There was some discussion regarding Mr. Rocconi dedicating
his portion of the land at Gaillard Place to the Town and
Mr. Rocconi said that he had no objection as long as the
road remained private and not subject to the Town's parking
restrictions.
Following this, on motion by Mrs. Carlson, seconded by Mrs.
Latona, it was unanimously
RESOLVED, that Counsel to Town is hereby
directed to draft a proposed resolution
for Preliminary Subdivision Approval
pursuant to the recommendations of the
Consulting Engineer to the Town.
* * * * *
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February 11, 1987
6. PUBLIC HEARING - SPECIAL PERMIT
WINGED FOOT GOLF CLUB
Fenimore Road
Block 347 Parcel 1
The Public Stenographer was present for this application and
his notes will become a permanent part of this record.
On motion by Mrs. Latona, seconded by Mrs. Carlson, it was
unanimously
RESOLVED, that the Public Hearing be,
and it hereby is, declared open.
Attorney Hoffman presented a letter from Mr. Vincent Monte-
Sano wherein it stated that he had concerns regarding the
building remaining an open shed and that noise be kept to a
minimum and also that no equipment which created a loud
noise when started up be stored in the shed.
Mr. Robert Elonzi, the General Manager of Winged Foot,
appeared in support of the application to erect a shed for
the storage of equipment and he addressed Mr. Trachtman's
letter of February 3rd by stating that the construction area
would be completely surrounded by hay bales so as to prevent
any debris from entering the pond.
Other improvements have been made over the past couple of
years, Mrs. Latona noted, and questioned if there was an
over-all plan for the future of the golf club. Mr. Elonzi
stated that their insurance carriers were requesting that
certain things be done but he was unaware if a permit would
be required for any of them.
Mrs. Carlson inquired if Winged Foot could comply with the
request in the letter that was received from Mr. Monte-Sano,
and Mr. Elonzi answered probably 99% of the time, yes.
At this time, on motion by Mrs. Latona, seconded by Mr.
Cannon, it was unanimously
RESOLVED, that the Public Hearing be,
and it hereby is, declared closed.
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February 11, 1987
Following some further discussion, on motion by Mr. Cannon,
seconded by Mrs. Carlson, with Mr. Schramm abstaining, the
Board adopted the following Resolution:
WINGED FOOT GOLF CLUB
Special Permit
WHEREAS, Winged Foot Golf Club has submitted an
application for a Special Permit Use for a machine shed
at the rear of a garage located on the applicant's
premises; and
WHEREAS, a Public Hearing having been held on
February 11, 1987; and
WHEREAS, the Planning Board has considered the
application for a Special Permit, the plans submitted
by the applicant, the report of the Coastal Zone
Management Commission and the Engineer to the Town, and
having heard interested members of the public,
BE IT RESOLVED, that this Board makes findings of
fact as follows:
1. The proposed use, as limited by the conditions set
forth herein, is in general harmony with the
surrounding area and shall not adversely impact
upon the adjacent properties due to the traffic
generated by said use or the access of traffic
from said use onto or off of adjoining streets.
2. The operations in connection with the Special
Permit will not be more objectionable to nearby
properties by reason of noise, fumes, vibrations,
flashing of lights, or other aspects than would be
the operations of any other permitted use not
requiring a Special Permit.
3. The proposed Special Permit Use will be in harmony
with the general health, safety and welfare of the
surrounding area by the nature of its particular
location (property of applicant to north, west and
south, and residential area - Bruce Road - to the
east, a minimum of 87 feet to the rear property
line of residences on Bruce Road) . It will not
adversely impact upon surrounding properties or
surrounding property values.
- 17 -
February 11, 1987
4. There are no existing violations of the Zoning
Ordinance on the property which is the subject of
this application; and
BE IT FURTHER RESOLVED, that this Board approves
the application of Winged Foot Golf Club for a Special
Permit to construct a machine shed, subject to the
following terms and conditions:
1. The machine shed shall be constructed in accordance
with the plans submitted and reviewed by the
Building Inspector and the Consulting Engineer.
2. The applicant shall comply with all conditions
recommended by the Engineer and Coastal Zone
Management Commission relating to minimizing
erosion during construction, to wit:
A. Hay bales shall be installed so as to prevent
excavated materials from entering the pond
during construction.
7. CONSIDERATION - PRELIMINARY SUBDIVISON APPLICATION
MR. LOUIS GOLDSTEIN
10 Burton Road
Block 407 Parcel 335
The applicant's attorney, Mr. George Forbes, appeared and
requested that Subdivision Approval be granted.
Attorney Hoffman stated that this matter was before the
Zoning Board and that they are the Lead Agency and also that
they declared this as a Type II Action. Mr. Hoffman then
indicated that the Zoning Board had granted the street-line
frontage variance for this application.
Mrs. Carlson questioned the fact that the property exceeded
the lot requirements and Mr. Hoffman explained that the
applicant was short on the street frontage requirements.
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February 11, 1987
Mr. Forbes requested that Preliminary Subdivision Approval
be waived and that Final Subdivision Approval be granted.
Acting Chairman Bliwise inquired if the application was
complete, to which Mr. Trachtman stated that there were a
couple of things he had questions on and Mr. Hoffman then
suggested that the applicant's architect or engineer get in
touch with Mr. Trachtman.
Thereafter, on motion by Mrs. Carlson, seconded by Mr.
Cannon, it was unanimously
RESOLVED, that this matter be scheduled
for a Public Hearing on March 11, 1987,
for Final Subdivision Approval.
At this time, Attorney Hoffman spoke about the proposed 50
day deadline for filing plans with the Planning Board and
also requested permission to refer an application to CZ MC
prior to the next Planning Board meeting and on motion by
Mr. Schramm, seconded by Mrs. Latona, it was unanimously
RESOLVED, that the Strauss application
to the Planning Board be, and it hereby
is, referred to the Coastal Zone
Management Commission as a mandatory
referral.
ADJOURNMENT
There being no further business to come before the Board, on
motion by Mrs. Latona, seconded by Mr. Cannon, the meeting
was unanimously adjourned at 11:47 P.M.
Jean A. Marra
Recording Secretary
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