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HomeMy WebLinkAbout1988_06_15 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JUNE 15, 1988, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Patricia Latona James J. Romeo Anton Schramm Absent: Norman L. Cannon Gaetano Scutaro Also Present: Lee A. Hoffman, Jr. Town Counsel Gary Trachtman, Consulting Engineer Claudia Ng, Environmental Consultant Gerald Milani, Public Stenographer J&L Reporting Service 180 Post Road White Plians, New York Bonnie M. Burdick Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:30 P.M. PUBLIC HEARING - FINAL SUBDIVISION APPROVAL Richard Bernstein 17 Lafayette Road Block 130 Parcel 215 On motion by Mrs. Latona, seconded by Mr. Schramm, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this application and his transcript will become a permanent part of this record. On motion by Mrs. Latona, seconded by Mr. Schramm. it was unanimously RESOLVED, that the Public Hearing be, and it hereby is declared closed. Richard Bernstein, owner; John Slaker, designer; and James Staudt, attorney appeared on behalf of this application. Mr. Slaker had changed the design to incorporate the additional space that was discovered to be part of the lot after surveying. He was confident that blasting would not be necessary. Mr. Hoffman and June 15, 1988 -2- Mr. Staudt had discussed applicable details of a prior subdivision approval as they related to this application. Mr. Hoffman enumerated these conditions to the Board. On motion of Mr. Schramm, seconded by Mrs. Latona, the following resolution was unanimously adopted: WHEREAS, Richard Bernstein has submitted an application for final subdivision approval; and WHEREAS, the applicant has submitted an application for final subdivision approval in proper form and complying with all the requirements of the Town, other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, this Board has previously determined that this is a Type II Action pursuant to SEQRA and has completed all proceedings relevent to SEQRA with respect to this application; and WHEREAS, this Board held a Public Hearing on the application for final subdivision approval on June 15, 1988; NOW, THEREFORE, BE IT RESOLVED, that final subdivision approval is hereby granted Richard Bernstein, pursuant to his application and err subject to all the terms and conditions set forth below: I. Special Requirements A. Building Envelopes and Specific Drainage Requirements: 1. Prior to any construction, specific on-site soil investigations shall be conducted on each lot and in the area of the proposed driveways. The findings shall be discussed with the Consulting Engineer with a view toward designing proper mitigating measures to control the ground water (footing drains for foundations - underdrains for road) . Recommendations of the Consulting Engineer shall be determinative. B. Erosion and Sedimentation Control During Construction: 1. Specific erosion control and grading plans for the vacant lot must be approved by the Consulting Engineer prior to the granting of individual building permits. Erosion control Q measures must be installed as soon as practicable on the individual lot prior to excavation of the foundation. June 15, 1988 -3- CC. Trees: 1. With respect to the construction of a residence, driveway, etc. on an individual lot, the Tree Preservation Law of the Town of Mamaroneck must be complied with before a building permit is issued. D. Required Documents and Inspections: 1. The Applicant shall provide one Mylar reproducible of approved drawings to the Town and one set of prints to the Office of the Consulting Engineer to the Town showing the "as-built" conditions for the curbcuts, curbing and utility hookups prior to the granting of a certificate of occupancy for any residence. E. Blasting Pursuant to the SEQRA determination, no blasting of rock is permitted in any phase of construction on either lot in this subdivision. If blasting becomes necessary, an application to amend this ''.b' subdivision approval must be made to this Board 2. CONSIDERATION OF SPECIAL PERMIT APPLICATION - AUTOMOTIVE SERVICE ENTERPRISES, INC. , 5 FIFTH AVENUE Block 132 Parcel 609 Anthony Piliero appeared on behalf of the application. Auto Service Enterprises, Inc. would use part of the building at 5 Fifth Avenue for autobody work. The hours of operation would be from 8 A.M. to 5 P.M. The Board needed more complete information concerning the emission rate of the exhaust fan. Mr. Pilero had gotten information by telephone from the manufacturer but was requested by Mrs. Latona to submit written details from the company. Mr. Romeo pointed out that Mr. Pilero should be sure that the design of the fresh air intake fan does not cause a vacuum to be created above the gasoline pumps used by the business in the rest of the building. Cars would not be painted outside. The body shop would hold 3 to 4 cars. Off-street parking is available for 30-40 cars at 5 Fifth Avenue. This lot is surrounded a by chain link fence and has shrubbery to screen it from the street. The body shop entrance would be 15-20 feet from Fifth Avenue. Whether cars would be parked in this area was 4"'"' of concern to the Board. June 15, 1988 -3- Mrs. Latona questioned whether the residue from the spray paint would C drain into the ground and the water system, and Mr. Romeo asked Mr. Trachtman whether a floor drain must be connected to an oil seperator. Mr. Trachtman said that he would check Westchester County Health Department and DEIC regulations but that the Planning Board could make such a system a condition of its approval. On motion of Mr. Romeo, seconded by Mr. Bell, it was unanimously RESOLVED, thaat the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action has a significant impact on the environment. On motion of Mr. Schramm, seconded by Mrs. Latona, it was unanimously RESOLVED, that this application is an unlisted action under SEQRA. On motion of Mrs. Latona, seconded by Mr. Schramm, this application was unanimously referred to CZMC. On motion of Mr. Schramm, seconded by Mr. Bell, it was unanimously RESOLVED, that this Board hereby sets Wednesday, July 13, 1988, at 8:15 P.M. , as the date and time for a Public Hearing on the appication of Automotive Service Enterprises, Inc. ; and be it FURTHER RESOLVED, that the Board Secretary is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. 3. PROPOSED MODIFICATION OF SUBDIVISION CONDITIONS - MARBOURNE MEADOWS/ENCLAVE/SAXON GLEN William Maker, Jr. , Attorney, appeared on behalf of the application. He reviewed its past history - the Board had wanted Westchester County to give its input as the lots in question back up on Saxon Woods Park. Mr. Maker read a portion of a letter from John Egner of Westchester County into the record Mr. Trachtman also reviewed the background of this application, described the reasons for the size of the easements, and detailed the conditions that would be made part of the resolution. Mr. Hoffman stated that the sewer easement and the road/s within the sub-division must be accepted by the Town Board and said that the resolution would contain details concerning the required condition of the easement area at the time that it is accepted by the Town. Mr. Maker stated that he accepted these conditions. June 15, 1988 -4- On motion of Mr. Schramm, seconded by Mrs. Latona, the Board unanimously adopted the following resolution: WHEREAS, this Board adopted a Resolution at a meeting on September 9, 1987 pursuant to the request of the current owner of the "Marbourne Meadows" subdivision to amend certain easements granted to the Town on said subdivision; and WHEREAS, a condition of that Resolution was that the County of Westchester make a finding that the drainage system which was constructed on Lots 47, 48 and 49 meets the County's critieria for increased rainwater run-off from natural conditions; and WHEREAS, the Consulting Engineer for the Town, the County Department of Public Works and the Town Highway Department have fully reviewed the situation, and additional findings having been made, NOW, THEREFORE, BE IT RESOLVED that the Planning Board of the Town of Mamaroneck amends the Resolution noted above in the following respects: I. The approval of the change in easements is subject to the following terms and conditions A. The currently existing drainage system shall be fully cleaned out of all debris and silt by the applicant prior to acceptance by the Town; B. The applicant shall provide revised and/or increased piping and appurtanances from the street to the retention area pursuant to the requirements of the Consulting Engineer to the Town; C. The applicant shall create an easement on Lot 47 fifteen (15) feet wide which will permit access by Town maintenance vehicles to the retention area at the rear of Lots 47, 48, and 49; and D. The Town Board shall formally adopt a Resolution giving up certain easement rights as shown on filed subdivion maps; and E. The attorney for the applicant shall provide deeds of easement grants to the Town, which shall be approved as to form and content by Counsel to this Planning Board prior to submission to the Town Board for approval. June 15, 1988 -5- 4. PRELIMINARY CONSIDERATION OF FRESHWATER WETLANDS AND WATER COURSES C PERMIT APPLICATION - Mitchell Cantor 21 Fenbrook Drive Block 309 Parcel 10 Mr. Cantor appeared on behalf of his application with his wife Lauri and Pat Delfino, his contractor. He explained that his property is divided by a stagnant stream which is obstructed by large branches. Mr. Cantor wants to place a bridge across this stream, clean out the area of the stream which is part of his property and plant wild flowers on the part of his property across the bridge. He also said that it might be necessary to put stones on the banks of the stream. Mr. Trachtman explained that the flow characteristics of the stream can change with such improvements. On motion of Mr. Schramm, seconded by Mr. Romeo it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action has a significant impact on the environment. Further, on motion of Mr. Schramm, seconded by Mr. Romeo, it was unanimously RESOLVED, that this is a mandatory Type I action requiring referral to the CZMC for review. APPROVAL OF MINUTES At this time in the meeting, in order to allow Mr. Shra.mm to leave before adjournment, on motion of Mr. Romeo, seconded by Mrs. Latona, the minutes of the meeting of May 11, 1988 were accepted Mr. Schramm left the meeting. CONTINUED DISCUSSION OF APPLICATION NO. 4 The Board, its advisors, Mr. and Mrs. Cantor, and Mr. Delfino continued discussing the proposed bridge informally. Mr. Bell, Mr. Romeo and Mr. Trachtman told the Cantors and Mr. Delfino about the procedures followed by the Town concerning environmentally sensitive areas and about the type of information still needed - more accurate drawings and photographs were suggested. The Cantors were encouraged to remove the debris from their portion of the stream. It was suggested that the Cantors talk to neighbors on Kolbert Drive about the nature of the stream at flood-time. June 15, 1988 -6- Mr. Cantor had questioned the measures that his neighbors, the (:: Cohencas, had taken to control the stream. The difference between the two situations were explained - Mr. Cantor's lot is not a corner one, and there is access to his lot from the road. It was emphasized by several Board members and Mr. Trachtman that what is done upstream has a tremendous effect on downstream neighbors and certain areas of the Town when flooding occurs. ADJOURNMENT The meeting was adjourned at 9:50 P.M. • Bonnie M. Burdick "%ow, ti.r