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HomeMy WebLinkAbout1988_03_09 Planning Board Minutes 191 AD MINUTES OF A REGULAR MEETING OF THE 5' 4 PLANNING BOARD OF THE TOWN OF MAMARONECK a No MARCH 9, 1988, IN THE COURTROOM, TOWN OFFICES to gQ/0g9��I98112 740 WEST BOSTON POST ROAD " 'yc��c� MAMARONECK, NEW YORK q!et': 9O CALL TO ORDER100 The meeting was called to order by Chairman Bell at 8:21 P.M. ROLL CALL Present: Sanford A. Bell, Chairman Lester M. Bliwise Norman L. Cannon Patricia Latona James J. Romeo Anton Schramm Gaetano Scutaro Also present: Stephen V. Altieri Lee A. Hoffman, Jr. , Town Attorney Gary B. Trachtman, Town Engineer Claudia Ng, Environmental. Coordinator Shirley Tolley, CZMC Phyllis Wittner, CZMC Gerald Milani, Public Stenographer J&L Reporting Service 180 East Post Road White Plains, NY Bonnie M. Burdick, Recording Secretary 1. PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT Leo Paul Tomczyk 46 East Brookside Drive Block 212 Parcel 180 The Board had referred this matter to the CZMC and declared itself the lead agency last month. The Board accepted the application with the stipulation that hay bales be installed as a barrier while the work was being done, This installation would be made subject to approval by Mr. Trachtman. Therefore, On motion by Mr. Schramm, seconded by Mrs. Latona, it was unanimously RESOLVED, that this is a Type I Action, but based upon the environmental assessment form and the report of the Coastal Zone .Management Commission, there will be no significant impact on the environment, if appropriate mitigating measures are taken, and, • March 9, 1988 -2- C therefore, the filing of a DEIS and FEIS are not required and no further action is required under SEQR. Thereafter, on motion by Mr. Schramm, seconded by Mr. .Biiwise, it was unanimously RESOLVED, that a Public Hearing on the Tomczyk application be, and hereby is, dispensed with. Further, on motion by Mrs. Latona, seconded by Mr. Scutaro, it was unanimously decided to direct Counsel to prepare a resolution on this matter. Thereafter, on motion by Mr. Schramm, seconded by Mr. Romeo, the following resolution was unanimously adopted: WHEREAS, Leo Paul 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 1 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 efffect 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, or loss of, any part of the wetland, because of the minor impact of the activity March 9, 1988 -3- 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 Paul 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 shall expire upon completion of the proposed activity or one year from the date of its issuance, whichever first occurs; B. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; C. The applicant is required to deposit $500 with the Town 41111 Comptroller to ensure satisfactory completion of the proposed project and the rehabilitation of any effected or disturbed areas; D. Work involving site prepartion shall only take place from Monday through Friday, between the hours of 8:00 A.M. and . 4:30 P.M. ; • E. The applicant shall provide a temporary barrier location plan for approval by the Consulting Engineer to the Town by April 30, 1988 or three weeks before commencement of construction whichever is sooner. This permit is conditioned upon approval of the temporary barrier plan by the Consulting Engineer to the Town. F. The applicant shall give the Town Building Department and the Town Environmental Officer at least 24 hour notice prior to commencement of construction. ***** 2. CONSIDERATION OF SPECIAL PERMIT APPLICATION M.L.S. , Inc. 2417 Boston Post ROad Block 505 Parcel 446 Mr. Stefanelli appeared in support of his application and asked that the Board give him approval to again have outdoor dining at his restaurant. March 9, 1988 -4- He asked approval for a tent and for a cafe without one. He has applied for State approval of the tent as such permission is not within the jurisdiction of a Planning Board or a Building Inspector. Mr. Stefanelli also requested a two-year approval. His plans were the same as the ones from last year. On motion by Mr. Schramm, seconded by Mr. Bliwise, 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. Thereafter, on motion by Mr. Schramm, seconded by Mr. Cannon, it was unanimously RESOLVED, that this is a Type I Action, but based upon the environmental assessment form and the report of the Coastal. Zone Management Commission, there will be no significant impact on the environment if appropriate mitigating measures are taken, and, therefore, the filing of a DEIS and FEIS are not required and no further action is required under SEQR. Thereafter, on motion by Mr. Bliwise, seconded by Mr. Bell, the Board unanimously set this matter down for a Public Hearing at the next meeting. The Board requested that Mr. Stefanelli bring pictures to said meeting. 3. DISCUSSION OF FRESHWATER WETLANDS AND WATER COURSES - DREDGING THE GARDENS LAKE Mr. Altieri presented the Town's plans for dredging the Gardens Lake. Said dredging should take about 7 months. The lake will be allowed to dry up with a 12-18 inch crust. This crust will be scraped off and another 12-18 inch crust will form. This too will be removed. During this process, a channel will be excavated to allow the water to drain. The Reservoir will be used as a holding area which will effectively shut off the West Branch of the Sheldrake. The Town Board will declare itself the lead agency. On motion by Mr. Bliwise, seconded by Mr. Scutaro, this matter was unanimously referred to the CZMC. Further, on motion by Mr. Cannon, seconded by Mr. Scutaro, the Board unanimously recommended scheduling a Public Hearing on this matter at its April meeting. • Mardi 9, 1988 -5- 4. PRESUBMISSION CONFERENCE - SITE PLAN APPLICATION Hory Chevrolet, Inc. Block 410 Parcel 268 Thomas Keane, Attorney, and Bill Weiss, General Manager of Hory, appeared on behalf of the applicant. The Board had received a letter from James Fiore, lawyer for the nearby shopping center. He and Mr. Keane agreed to work together to determine title to the paper street between the two businesses. Hory Chevrolet wants to discontinue selling used cars and to begin selling boats. Mr. Hoffman told the representatives that they should first obtain a use variance from the Zoning Board before the Planning Board could approve a site plan. The Board did not like the plans for a high fence. Mr. Hoffman told the representatives what was necessary for site plan submission and told them that they could contact him for more help concerning the application. C ***** 5. LETTER FROM JAMES STAUDT CONCERNING 17 LAFAYETTE ROAD Mr. Hoffman suggested that the Board read Mr. Staudt's letter in preparation for the next meeting. ***** APPROVAL OF MINUTES On the motion by Mr. Bliwise, seconded by Mr. Cannon, the Board unanimously accepted the minutes of January 13, 1988 with some minor corrections. ADJOURNMENT On motion by Mr. Cannon, seconded by Mrs. Latona, the Board unanimously decided to adjourn the meeting at 10:05. ejnvietA:L., /07 Alv1.144.4, Bonnie M. Burdick Recording Secretary