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HomeMy WebLinkAbout1989_06_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE C PLANNING BOARD OF THE TOWN OF MAMARONECK JUNE 14, 1989, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Jerry R. Donatelli Patricia Latona, Acting Chairman Alan P. Murray James J. Romeo Anton Schramm Absent: Sanford A. Bell, Chairman Norma Jacobson Also Present: Elaine Price, Town Councilwoman Stephen V. Altieri, Town Administrator Claudia Ng, Environmental Coordinator Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Daniel Shuster, Planning Consultant Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Mrs. Latona, as Acting Chairman, at 8:23 PM. MASTER PLAN UPDATE, PHASE I AND PHASE II, OF THE TOWN OF MAMARONECK Mrs. Latona stated that the Board had directed its counsel to prepare an addendum reflecting the decisions made by the Board during its lengthy consideration of Phases I and II of the Master Plan. Said addendum had been sent to the Board prior to the meeting and will be made a part of these minutes. On motion of Mr. Romeo, seconded by Mr. Murray, the Board unanimously RESOLVED that the Master Plan Update, Phases I and II, is adopted by the Planning Board and made part of the Master Plan of the Town of Mamaroneck including the original Master Plan documents together with the following documents: 1. Letter from Town of Mamaroneck to Daniel Shuster dated February 10, 1989; 2. Letter to Stephen V. Altieri from Westchester County Planning Board dated March 28, 1989; 3. Letter from Coastal Zone Management Commission to Planning Board dated April 13, 1989 and attachments; 4. Letter to Planning Board from Malcolm Pirnie, Inc. dated OMay 1, 1989; 5. Comments and response to comments on Draft GEIS from Daniel Shuster to the Planning Board dated May 10, 1989. June 14, 1989 -2- p 6. Addendum and Modifications to Master Plan Update - Phases I and II - Town of Mamaroneck adopted by Planning Board June 14, 1989; and it is FURTHER RESOLVED that the Planning Board accepts the findings in the statement of negative declaration pursuant to SEQRA. CLUSTER HOUSING TOWN OF MAMARONECK Daniel Shuster of Shuster Associates reminded the Board of its discussion earlier this year concerning cluster housing as an optional zoning tool. At a recent meeting of the Town Board, that Board had adopted a resolution to encourage the saving of open space by exercising the option of cluster zoning. The Planning Board questioned whether the cluster option would always be mandated. Mr. Altieri stated that this option would come into force unless the Planning Board made a specific exception. Mr. Schramm stated that he felt this zoning option would be a most valuable tool for the Planning Board to use and detailed past cases where rock outcroppings or wetlands caused design difficulties. He stated that a process should be established to avoid the necessity for expensive alternate plans for a two-lot subdivision in cases where this new option would be inappropriate. It was suggested that such process could occur during the pre-submission conference with the Building OInspector's office. APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Leo Tomczyk 46 East Brookside Drive Block 221 Parcel 54 Mr. Tomczyk appeared before the Board on behalf of the application. Mrs. Latona acknowledged that he had appeared before the Board previously with similar plans for an addition and a garage. Mr. Tomczyk stated that the new plans were for a one-story addition with the garage in the back of the house. The proposed construction is approximately the same size as that previously approved. Mr. Trachtman had reviewed the new plans and, in a letter dated June 14, 1989 which will become a part of the record, stated that the proposed structures could be constructed as long as mitigating measures are taken. In addition, concerning the FWWC permit itself, Mr. Trachtman recommended that the location plan and drawings be amended to show the 100-year-flood boundaries and grade elevations and that the construction be done according to the requirements of the Town Flood Damage Prevention Code. 0 F June 14, 1989 -3- On motion of Mr. Schramm, seconded by Mr. Donatelli, the Board (`✓; unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the en vironment. p On motion of Mr. Murray, seconded by Mr. Donatelli, the Board voted 4 - 1, with Mr. Romeo opposed, to adopt the following resolution: RESOLVED, that this is a Type II action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Schramm, seconded by Mr. Donatelli, the Board voted unanimously to waive a Public Hearing for the application of Leo Tomczyk for a Freshwater Wetlands and Water Courses Permit. On motion of Mr. Schramm, seconded by Mr. Donatelli,the Board voted 4 - 0, Mr. Romeo abstaining, to adopt the following resolutions: WHEREAS, Leo Tomczyk has applied for a permit pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II Action and that this Planning Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 86-6(D) , that the activity proposed is of such a minor nature and is compatible pursuant to 6 NYCRR 665.7; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alternative, and (C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; June 14, 1989 -4- 3. The proposed activity will result in no more than insubstantial degradation to, or loss of, any part of the wetland, because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law #7 of 1986 be, and hereby is dispensed with; and BE IT FURTHER RESOLVED, that the application of Leo Tomczyk for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: A. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; B. Amended drawings showing the protective measures to be taken to ensure that excavated materials will not be allowed to be deposited into the Sheldrake River during construction shall be filed with and approved by the Consulting Engineer. C. The location plan and drawings shall be amended to show the location of the 100-year flood plain boundary and appropriate existing and finished grade elevations of the ground and structures. Said plan and drawings shall be filed with and approved by the Consulting Engineer. D. If a relatively small volume of earth is to be removed for the foundations, provisions could be made to remove the excavated material to its final destination on the same day as the excavation. All debris is to removed prior to the completion of the project. Construction must be in accordance with the requirements of the Town Flood Damage Prevention Code. E. A cash deposit or bond for $1,000 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. This shall be the same bond or cash deposit required by the prior FWWC permit approved on March 9, 1988 not any addition thereto. F. This Board grants 2 six-month extensiond to the FWWC permit approved for one year on March 9, 1988. This permit shall expire upon completion of the proposed activity or six months from the date of its issuance, whichever first occurs. June 14, 1989 -5- G. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 AM and 4:30 PM. APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Beverly Nalven 91 Rockland Avenue Block 210, Parcel 588 Mrs. Nalven appeared with her architect Lelia Bright. She stated that the addition proposed is about 140 within square feet q hin the footprint of the house. Also proposed are a deck and a slightly larger garage. Her property slopes down to the Sheldrake River. Mrs. Nalven stated that the river had flooded once - ten years ago - and that Mr. Schoenberger of the CZMC had toured the property and approved the plans. She asked the PlanningBoard to make its its decision at the meeting, if at all possible, because delays in going back and forth between Boards could postpone construction until unseasonable weather could cause a problem. Mr. Trachtman recommended construction only if mitigating measures were utilized. His letter of comment, dated June 14, 1989, will become part of the record. On motion of Mr. Schramm, seconded by Mr. Donatelli, the Board unanimously CRESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant gn ant impact on the environment. On motion of Mr. Romeo, seconded by Mr. Donatelli, the Board unanimously RESOLVED, that this is a Type II action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Romeo, seconded by Mr. Donatelli, the Board voted unanimously to waive a Public Hearing for the application of Beverly Nalven for a Freshwater Wetlands and Water Courses permit. On motion of Mr. Romeo, seconded by Mr. Murray, the following resolutions were unanimously passed: WHEREAS, Beverly Nalven applied for a permit pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II Action and that this Planning Board is the appropriate Lead Agency with respect to Environmental �'`� Quality Review; and June 14, 1989 -6- WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7 , Section 86-6(D) , that the activity proposed is of such a minor nature and is compatible pursuant to 6 NYCRR 665.7; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled • area; 2. The proposed activity will be compatible with the preservation protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alternative, and (C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 3. The proposed activity will result in no more than insubstantial degradation to, or loss of, any part of the wetland, because of the minor impact of the activity and the ® protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law 07 of 1986 be, and hereby is dispensed with; and BE IT FURTHER RESOLVED, that the application of Beverly Nalven for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: A. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; B. Amended drawings showing the protective measures to be taken to ensure that excavated materials will not be allowed to be deposited into the Sheldrake River during construction shall be filed with and approved by the Consulting Engineer. C. The lot plan and drawings shall be amended to show spot elevations and reference elevations in the vicinity of the ® second-story addition. Said plan and drawings shall be filed with and approved by the Consulting Engineer. June 14, 1989 -7- C D. If a relatively small volume of earth is to be removed for the foundations, provisions could be made to remove the excavated material to its final destination on the same day as the excavation. All debris is to removed prior to the completion of the project. E. A cash deposit or bond for $1,000 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area F. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 AM and 4:30 PM. APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Mr. and Mrs. Mark Ladner 30 Bonnie Way Block 104 Parcel 44 Mr. Ladner appeared for the application accompanied by his architect, Leonard Weinberg. He stated that he wanted to remove an enclosed porch and decrepit deck and replace them with new construction. The water to be considered runs through a deep cut at the end of Cproperty. The flow is 16 feet from the tops of the banks of the river. Mr. Trachtman, in comments dated June 14, 1989, approved construction as long as mitigating measures are taken. Said comments will become a part of the record. On motion of Mr. Murray, seconded by Mr. Donatelli, the Board unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment. On motion of Mr. Donatelli, seconded by Mr. Murray, the Board unanimously RESOLVED, that this is a Type II action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Schramm, seconded by Mr. Donatelli, the Board voted unanimously to wave a Public Hearing for the application of Mr. and Mrs. Mark Ladner for a Freshwater Wetland and Water Courses Permit. June 14, 1989 -8- On motion of Mr. Romeo, seconded by Mr. Donatelli, the Board voted unanimously to adopt the following resolutions: WHEREAS, Mr. and Mrs. Mark Ladner applied for a permit pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II Action and that this Planning Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7 , Section 86-6(D) , that the activity proposed is of such a minor nature and is compatible pursuant to 6 NYCRR 665.7; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; (:2 2. The proposed activity will be compatible with the preservation protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alternative, and (C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 3. The proposed activity will result in no more than insubstantial degradation to, or loss of, any part of the wetland, because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law #7 of 1986 be, and hereby is dispensed with; and BE IT FURTHER RESOLVED, that the application of Mr. and Mrs. Mark Ladner for a permit, pursuant to Local Law 07 of 1986, be and it hereby is, granted subject to the following terms and conditions: C June 14, 1989 -9- ® A. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; B. Applicant is required to submit a plan incorporating the provisions for minimizing the potential for siltation of the stream during the construction period. Said plan shall be filed with the Consulting Engineer. C. If a relatively small volume of earth is to be removed for the foundations, provisions could be made to remove the excavated material to its final destination on the same day as the excavation. All debris is to removed prior to the completion of the project. D. A cash deposit or bond for $1,000 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area E. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 AM and 4:30 PM. FURTHER CONSIDERATION OF SEQRA - HIGH TECH OF MAMARONECK, INC. 2434 Boston Post Road Block 503 Parcel 3236 and FURTHER CONSIDERATION OF SEQRA - GEORGE & EDITH REALTY CORP. 2434 Boston Post Road Block 503 Parcel 326 These two applications were treated as one as they involve one piece of property. Donald Mazin, attorney; Michael Bernard, owner and Michael Gismondi, architect, represented High Tech; and Michael Pole, attorney, represented George and Edith Realty. Mr. Mazin stated that the Planning Board had declared itself Lead Agency in this matter and referred it to Coastal Zone and the Zoning Board. The Zoning Board had sent the matter back to this Board for SEQRA determination. The Board had questions about water runoff, signage and accumulation of traffic. Mr. Mazin reminded the Board that these issues would be part of the site-plan process. On motion of Mr. Schramm, seconded by Mr. Donatelli, it was unanimously RESOLVED, that this action involving Hi-Tech is a Negative Declaration action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. June 14, 1989 -10- The Board continued to have questions about the proposed house. It had asked for maps showing neighboring sites, for flood information and utility hookup data. Mr. Pole explained that his client is in North Carolina and has not responded to his requests for this information and apologized to the Board for the lack of response. On motion of Mr. Romeo, seconded by Mr. Murray, the Board voted unanimously to adjourn this matter until more information is available. MINUTES On motion of Mr. Murray, seconded by Mr. Donatelli, the minutes of May 10,1989 were approved. RETIREMENT This meeting was Mr. Schramm's last one as a member of the Planning Board. Mr. Hoffman saluted Mr. Schramm for his dedication and his sense of what was good for the community and what was not. Mr. Schramm thanked Mr. Hoffman and Mr. Trachtman for making his job easier. He wished his colleagues well and urged them to persevere in saving the open space of the golf clubs for future generations. ADJOURNMENT COn motion of Mr. Schramm, seconded by Mrs. Latona, the meeting was adjourned at 11:00 PM. /57//14 ; U< 46//Z led Bonnie M. Burdick C