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HomeMy WebLinkAbout1988_05_11 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 11, 1988, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Norman Cannon Patricia Latona James J. Romeo Anton Schramm Gaetano Scutaro Absent: Lester Bliwise Also Present: Stephen V. Altieri Town Administrator Lee A. Hoffman, Jr. ,Town Counsel Gary Trachtman Consulting Engineer Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Phyllis Wittner, CZMC Gerald Milani, Public Stenographer J&L Reporting Service 180 Post Road White Plains, NY Bonnie M. Burdick Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:25 P.M. 1. PUBLIC HEARING - APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Town of Mamaroneck Gardens Lake Lakeside Drive Block 215 Parcel 518 On motion by Mr. Schramm, seconded by Mrs. Latona, 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. May 11, 1988 -2- On motion by Mr. Schramm, seconded by Mr. Cannon, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is declared closed. There was no one in the audience who wanted to comment on the proposed dredging. The Board and its advisors had no objections to the project and made minor insertions and/or corrections to the draft of the resolution. The quorum of the Board present at this time in the meeting consisted of Chairman Bell, Mr. Cannon, Mrs. Latona and Mr. Schramm. On motion of Mr. Schramm, seconded by Mrs. Latona, the following resolution was unanimously adopted: WHEREAS, the Town of Mamaroneck has applied for a permit pursuant to Local Law #7-1986; and WHEREAS, the Town Board of the Town of Mamaroneck has determined that the proposed action is a Type I Action and that said Town Board has completed proceedings with respect to Environmental Quality Review, and has made a determination of non-significance based upon substantial mitigating factors; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, the Coastal Zone Management Commission has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has found that the proposed activity is incompatible pursuant to 6 NY CRR 665.7 (g) (25) ; and WHEREAS, this Planning Board held a Public Hearing pursuant to notice on May 11, 1988; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The proposed activity is compatible with the public health and welfare, as it will prevent eutrification of the existing lake and reduce the liklihood of blight and infestation; May 11, 1988 -3- 2. The proposed activity is the only practical alternative which could accomplish the objectives of dredging the lake and the only practicable alternative is to remove the silt from the lake by dredging, and there is no alternative action which may be taken on a site that is not a fresh water wetland or an adjacent area; and 3. The proposed activity minimizes the degradation to and loss of any part of the wetland, because when the project is completed, the wetland will be refilled so that it provides greater functions and benefits than in its current state; BE IT FURTHER RESOLVED, that the application of the Town of Mamaroneck 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. Work involving site prepartion shall only take place from Monday through Friday, between the hours of 8:00 A.M. and 6:00 P.M. ; D. The plans and specifications for this project must include procedures and devices designed to minimize degradation to or loss of any part of the wetland or its adjacent areas. E. Existing trees which are to be saved must be protected through the placement of hay bales in such a manner that positive drainage will be maintained and grade within the drip line will be maintained. F. Siltation of downstream areas shall be minimized through a slow lowering of the lake level and periodic maintainenance G. The applicant shall contract for outside cleaning services to keep area roadways as clear of dust and debris as practicable H. Fish populations shall be restored by the applicant as required. CI. The adjacent shoreline areas shall be restored by the applicant to existing grade after the dredging project is completed. May 11, 1988 -4- 2. PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT Mr. and Mrs. K. Swan 7 Bonnie Briar Lane Block 222 Parcel 546 On motion by Mr. Schramm, seconded by Mrs. Latona, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present, and his transcript will become a part of the record. On motion by Mr. Schramm, seconded by Mrs. Latona, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. During the discussion pertaining to this application, Mr. Scutaro and Mr. Romeo entered the meeting. William Atwell and Tony Cammarella, Contractor, represented the applicants. The Board, particularly Mr. Romeo, was not pleased because specific information that it had requested was not submitted to it on a new set of plans. Mr. Trachtman assured the Board that a development permit would not be issued until such details were added to the application. Mr. Hoffman edited the draft resolution to include these details about elevations and the inclusion of gravel and plantings. Therefore, on motion by Mr. Schramm, seconded by Mr. Cannon, the following resolution was adopted: WHEREAS, Kenneth Swan 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 I Action and that this Planning Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, this Planning Board has determined that a negative declaration should be issued pursuant to SEQRA;and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and May 11, 1988 -5- CWHEREAS, this Planning Board has determined, pursuant to Local Law 07, Section 86-6(D) , that the activity proposed is of such a minor nature and is compatible pursuant to 6 NYCRR 665.7; WHEREAS, a Public Hearing was held pursuant to notice on May 11, 1988; 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 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; BE IT FURTHER RESOLVED, that the application of Kenneth Swan for a permit, pursuant to Local Law 07 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 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. ; May 11, 1988 -6- E. The applicant shall remove all excavated material Cfrom the site on the same day. In addition, the existing grade shall not be altered. F. The applicant shall give the Town Building Department and the Town Environmental Officer at least 24 hour notice prior to commencement of construction. G. The applicant shall comply with the recommendations of the Coastal Zone Management Commission relating to gravel under the deck and low vegetation near the stream. H. The applicant shall provide topographic information showing the relationship of the deck to existing grade and to the elevation of the 100-year flood. This shall include the alteration of the first floor, the elevation of the existing grade at the location of footings and the elevation of the deck. ***** 3. CONSIDERATION OF SUBDIVISION APPLICATION Richard Bernstein 17 Lafayette Road Block 130 Parcel 215 James Staudt, Attorney appeared on behalf of the applicant who was in attendance. James Slaker, Designer, also appeared before the Board. Mr. Staudt told the Board that the proposed subdivision would entail dividing the land into two lots rather than the three originally envisioned. The plans submitted to the Board did not show an additional wedge of land at the back of the proposed new lot amounting to 500-1000 square feet. The decision to reduce the size of the project was made so that the house would fit comfortably into the neighborhood and more trees would be preserved. There is an extremely large outcropping of rock and an undetermined amount of underground rock on the property. A great deal of discussion centered on blasting. Mr. Romeo felt that blasting would not be necessary because of the type of rock involved. Mrs. Latona voiced the concerns of those in the immediate neighborhood which have been exacerbated by a recent bad experience when blasting was done on a nearby street. Mr. Staudt and Mr. Sklater answered questions from those residents in the audience. The Board wondered whether the footprint for the new house could be moved back on the lot. Mr. Staudt preferred to leave the design as Q submitted and stated that the applicant would come back before the Board should blasting become necessary. May 11, 1988 -7- Mrs. Latona told Mr. Staudt and Mr. Sklater that many houses in the neighborhood have a problem with water after rain. It was felt that illegal backups into the sanitary sewer could be the cause. Mr. Romeo felt that another house in the neighborhood would not help this situation. A resident of the area who was disturbed about the length of the grass on the property was told by Chairman Bell to address Mr. Staudt directly. On motion by Mr. Schramm, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determing whether the proposed action has a significant impact on the environment. Thereafter, on motion by Mr. Schramm, seconded by Mr. Cannon, with a negative vote by Mrs. Latona, the Board passed the following resolution: RESOLVED, that this is a Type II Action having no significant impact on the environment, as determined by New York State Department of Environmental Conservation or corresponding local law, therefore requiring no further action under SEQR, providing no blasting is done on the premises. And further, on motion by Mr. Cannon, seconded by Mr. Scutaro, it was unanimously RESOLVED, that this Board hereby sets Wednesday, June 8,1988, at 8:15 P.M. , as the date and time for a Public Hearing on the application of Richard Bernstein; 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. APPROVAL OF MINUTES On motion by Mr. Romeo, seconded by Mr. Scutaro, with Mr. Cannon abstaining, the minutes for the meeting of April 13, 1988 were accepted as submitted. ADJOURNMENT The meeting was adjourned at 10:07 P.M. Bonnie M. Burdick Recording Secretary