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HomeMy WebLinkAbout1989_05_10 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 10, 1989, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK A Present: Sanford A. Bell, Chairman RECEIVED Jerry R. Donatelli JUL V 1989 Norma Jacobson PATRICIA A.DiCIOCCIO Patricia Latona MAMAMAROl�!ECNE CLERK Alan P. Murray N.Y. James J. Romeo Absent Anton Schramm Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Elaine Price, Councilwoman Stephen V. Altieri, Administrator Claudia Ng, Environmental Coordinator Daniel Shuster, Planning Consultant Lisa Parella, Public Stenographer Carbone, Kazazes & Associates 225 Mt. Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:21 PM. CONSIDERATION OF SEQRA Master Plan Updates Phase I & II of the Town of Mamaroneck and CONSIDERATION FOR ADOPTION Master Plan Updates Phase I & II of the Town of Mamaroneck After some months of discussion and Public Hearings, the Board had reached a point of decision. The comment period had expired. Written comments had been received from Gary Trachtman, Consulting Engineer; William Jakubowski, Building Inspector; the Coastal Zone Management Commission; the Westchester County Department of Planning and Shirley Tolley, as an individual. Discussion in said comments had focused on the MUB use. Critics envisioned a five-story corridor on the eastern part of the Post Road, and the Board, too, was concerned about this part of the plan. Mr. Hoffman indicated that despite the "floating zone" concept which would require that each applicant for a MUB project have approval from the Town Board it would be difficult. if not illegal, to approve some MUB May 10, 1989 -2- applications and not others. The damage to the environment which could occur with many such projects along the Post Road was hard to project. Mr. Shuster explained that the MUB zone evolved during the approval process of Phases I and II. In his written comments, Mr. Shuster had responded to the Board's concerns about: 1) the height and setbacks in the proposed MUB district; 2) a change in parking requirements for the MUB zone; 3) the floor-area ratio; and 4) car washes requiring a special permit. Said letter will become a part of the record. The Board found inconsistencies between the three documents which it had been asked to consider - Master Plan Update Phase I, Master Plan Update Phase II and the proposed changes to the Zoning Ordinance. It was reluctant to approve I and II without being sure that said differences were reconciled. Mr. Hoffman offered to write an addendum to the Master Plan Update - Phases I and II - which would reflect one standard and the decision of the Planning Board for the items which differed between the two documents. On motion of Mr. Murray, seconded by Mr. Donatelli, the Board unanimously RESOLVED, that this Board accepts the Final Environmental Impact Statement for the Master Plan Update Phases I and II as complete. On motion of Mrs. Latona, seconded by Mr. Murray, the Board unanimously RESOLVED, that this Board, in general, approves the Master Plan Update Phases I and II; and FURTHER RESOLVED, that Counsel is directed to draft an addendum to the Master Plan clarifying Special Permits and the Mixed Use District. PUBLIC HEARING - SPECIAL PERMIT AND SITE PLAN APPROVAL Hommocks Ice Rink Town of Mamaroneck On motion by Mrs. Latona, seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion by Mr. Murray, seconded by Mrs. Latona, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. May 10, 1989 -3- Mr. Altieri, the Town Administrator, represented the Town. He briefly reviewed the project which he had presented to the Board at its previous meeting. Mr. Romeo stated that he would abstain from voting on this matter as he had worked on the Hommocks Ice Rink Committee. Mr. Bell stated that he, too, would abstain from voting on this matter as he was disturbed about the large allocation of recreation dollars to the project. Answering environmental concerns Mr. Altieri stated: 1) The Zamboni would not be serviced on the site; 2) The number of cars coming to the rink at peak times would probably not exceed 55 per hour; 3) Methane testing would be done that week; and 4) The use of piles containing creosote would not have a negative impact. On motion of Mrs. Latona, seconded by Mrs. Jacobson, the Board unanimously RESOLVED, that this Board accepts as complete the Environmental Impact Statement. On motion of Mr. Bell, seconded by Mr. Donatelli, the Board unanimously RESOLVED, that this Board directs the Environmental Officer to prepare a negative declaration On motion of Mr. Murray, seconded by Mrs. Latona, the Board adopted the following resolutions with 4 in favor, 0 opposed and 2 abstaining: WHEREAS, the Town of Mamaroneck has submitted a completed application for Site Plan approval for premises located at Hommocks Road; and WHEREAS, this Board has previously determined that this proposal is a Type I Action, and this matter has been considered by the Coastal Zone Management Commission; and WHEREAS, the Building Inspector and Consulting Engineer to the Town have reviewed the plans dated 4-4-89, drawn by the RBA Group of Morristown, New Jersey, and numbered A-1, A-2, A-3, A-3A and SU-1; and WHEREAS, a Public Hearing was held, pursuant to notice, at a meeting of this Board on May 10, 1989; NOW, THEREFORE, BE IT RESOLVED, that the Site Plan application submitted by the Town of Mamaroneck be, and it hereby is, approved, subject to the following terms and conditions: May 10, 1989 -4- 1. Prior to the issuance of any Building Permits, the applicant shall produce for review by the Consulting Engineer an up-to-date survey. 2. Prior to the issuance of any Building Permits, Counsel to this Board shall review the Use Agreement for the Hommocks Ice Rink between the UFSD 01, Mamaroneck, New York, and the Town of Mamaroneck. 3. Prior to the issuance of any Building Permits, the applicant shall submit results of a soil gas test to the Consulting Engineer to the Town for his review. Any changes recmmended by the Consulting Engineer shall be determinative. FURTHER RESOLVED, that this Site Plan is granted without additional terms and conditions. In discussion concerning the Special Permit, Mr. Altieri stated that the rink has been open from 5:30 AM to 1:30 AM during the week, but that there was little traffic early and late as such times were rented by hockey teams. He also stated that the impact of traffic would be less with the new plans as all parking would be in the parking lot in front of the school. There is little impact. on the playing fields as there is little overlap with the soccer season. On motion of Mrs. Latona, seconded by Mr. Murray, the Board adopted the following resolutions with 4 in favor, 0 opposed and 2 abstentions: WHEREAS, the Town of Mamaroneck has submitted an application for a Special Permit, pursuant to Section 89-38 through 89-53 of the Zoning Code of the Town of Mamaroneck, for authorization to operate a skating rink, a food-concession stand; and a building for recreational activities WHEREAS, this Board has previously determined that this is a Type I Action and that this project has no significant impact on the environment and the matter has been considered by the Coastal Zone Management Commission; and WHEREAS, a Public Hearing was held, pursuant to notice, at a meeting of this Board on May 10, 1989; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The proposed use is in general harmony with the surrounding area and will not adversely impact on adjacent property; May 10, 1989 -5- 2. The operations in connection with the Special Permit use will not be more objectionable to nearby properties than would be the operations of any permitted use not requiring a Special Permit; 3. The proposed special permit will be in harmony with the general health, safety and welfare of the surrounding area; BE IT FURTHER RESOLVED, that the application for this Special Permit be, and hereby is, granted. _ CONSIDERATION OF APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT - Thomas Pirzinger 21 Sheldrake Avenue Block 221, Parcel 54 Michael Gismondi, architect, represented Mr. Pirzinger and stated that the application was currently before the Zoning Board as well. He stated that a Freshwater Wetlands and Water Courses Permit was required as the property borders the Sheldrake River. The Pirzingers wish to build an additional 3i' on to a narrow, unusable room and to add a 10' deck next to that room. Both are elevated 9' above the yard which is often damp or flooded because of the river which encumbers the property by 5' . The existing piers would be used and 5 more would be built along with stairs. There would be no foundation. Mr. Trachtman stated that he required more information about trees and topography. It was not necessary to refer the application to the CZMC as the addition and deck were deemed to be a "minor appurtenance". On motion of Mr. Romeo, 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; and FURTHER RESOLVED, that this action 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. Murray, the Board unanimously RESOLVED, that the Public Hearing be and hereby is declared waived. On motion of Mr. Romeo, seconded by Mrs. Jacobson, the following resolutions were unanimously adopted: May 10, 1989 -6- WHEREAS, Thomas Pirzinger has applied for a permit pursuant to Local Law 07-1986; 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; 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 Thomas Pirzinger for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. Prior to construction, the applicant shall provide the Consulting Engineer with a map indicating topography and the placement of trees. May 10, 1989 -7- 2. During construction, in consultation with the Consulting Engineer, hay bales shall be installed between the construction and the Sheldrake River. 3. The applicant is required to deposit $1,000 with the Town Comptroller to ensure satisfactory completion of the proposed project and the rehabilitation of any affected or disturbed areas. 4. Work involving site preparation shall only take place from Monday through Friday, between the houars of 8:00 AM and 4:30 PM. 5. This permit shall expire upon completion of the proposed activity or one year from the date of its issue, whichever first occurs; 6. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; CONSIDERATION OF SUBDIVISION APPLICATION Joseph C. Mirabella 27 Holly Place Block 221 Parcel 33 Joseph C. Mirabella; his father, Joseph, Sr. ; and his brother, Michael; appeared in support of the application. Joseph, Jr. , a Captain in the Town Fire Department and the fourth generation of his family in the Town, wants to divide the property at 27 Holly Place which he owns with his brother into 2 lots in order to build a 2i story house for his family. After the proposed division, one lot will be 7,000 sq. ft. and the other 5500 sq. ft. He showed the Board a map of the houses within 400 feet which demonstrated that 30 of the 77 houses are on property of less than 5500 sq. ft . and that only 18 meet zoning requirements. Mr. Mirabella, Sr. stated that the property had been zoned R-5 before 1958 and that his was the first family to live in the area. He stated that he was the closest neighbor to the lot and that the family would inform the other neighbors of the plans. On motion of Mrs. Latona, seconded by Mr. Murray, it was unanimously RESOLVED, that the proposal to subdivide 27 Holly Place (Block 221 Parcel 333) be referred to the Zoning Board for SEQRA determination and its decision. APPROVAL OF MINUTES On motion of Mr. Murray, seconded by Mrs. Jacobson, the minutes for the meeting of April 12, 1989 were unanimously approved. May 10, 1989 -8- ADJOURNMENT On motion of Mr. Murray, seconded by Mr. Donatelli, the meeting was adjourned at 10:50 PM. f61 N /60-� ) Bonnie M. Burdick