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HomeMy WebLinkAbout1987_05_13 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 13, 1987, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Chairman Bell at 8:15 P.M. ROLL CALL Present: Sanford A. Bell, Chairman Lester M. Bliwise Mary Carlson Anton Schramm Gaetano Scutaro Norman L. Cannon Absent: Patricia Latona Also Present: Lee A. Hoffman, Jr. , Town Attorney Gary B. Trachtman, Town Engineer Shirley Tolley, CZMC Claudia Ng, Environmental Assistant Joseph Jacoby, Public Stenographer from: J & L Reporting Service 180 East Post Road White Plains, New York Jean A. Marra, Recording Secretary SCHEDULING The Chairman stated that the next meeting of the Planning Board will be held on June 10, 1987. APPROVAL OF MINUTES The Minutes of the meeting of April 8, 1987 were taken by the Public Stenographer and his transcript will become a permanent part of the record. .. - 1. ` 1 S May 13, 1987 1. PUBLIC HEARING - FINAL SUBDIVISION APPROVAL Mr. Robert N. Armour Salem Drive & Boulder Circle Block 309 Parcels 1799 & 3 It was stated by Attorney Hoffman that this was an application for Final Subdivision Approval and a proposed resolution has been prepared which he and William Maker are in general agreement with, including some suggestions and changes. For the record, Attorney Hoffman, indicated that a formal resolution of non-significance on SEQR was previously made by the Board in February, 1987. On motion by Mr. Schramm, seconded by Mr. Cannon, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Recording Secretary then presented the Affidavit of Publication and the Posting of the Notice of Hearing for the record. The Public Stenographer was present for the Hearing and his transcript will become a permanent part of the record. Some questions arose pertaining to the shared driveway and Mr. William Morgenroth explained the proposed location of the driveway. He added that it was rather difficult to actually determine the location as plans for the home have not yet been drawn. Mr. Maker addressed the Board and stated that all the requirements of the Preliminary Subdivision Approval have been complied with and then he spoke with regard to the proposed changes in the resolution and he indicated that there would be no public improvements in this subdivision and certain references thereto could be eliminated. - 2 - May 13, 1987 There being no one who wished to be heard, on motion by Mr. Schramm, seconded by Mr. Bliwise, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. After some further discussion regarding the joint driveway, with a 40 foot setback for the division of the driveway being reached, on motion by Mr. Bliwise, seconded by Mr. Cannon, the following Resolution, as amended, was unanimously adopted: WHEREAS, Robert Armour, by William S. Morgenroth, P.E. , has previously been granted Preliminary Subdivision Approval by this Planning Board by Resolution adopted March 11, 1987; and WHEREAS, the applicant has complied with all conditions of Preliminary Subdivision Approval; and WHEREAS, the applicant has submitted an application for Final Subdivision Approval in proper form and complying with all requirements of the Town, other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, this Board held a Public Hearing on the application for Final Subdivision Approval on May 13, 1987; and WHEREAS, for reasons of topography, shape and dimension of the area to be subdivided, this Board finds that permitting Lots 1 and 3 to have less than the required 100 foot street-line frontage and width, will permit a better subdivision layout; NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is hereby granted to Robert N. Armour, pursuant to his application and subject to all terms and conditions set forth below: - 3 - May 13, 1987 I. General Requirements All curbs, suitable monuments, water mains, storm drains, sanitary sewer facilities and street trees shall all be installed in accordance with the latest standards and specifications in force at the time work is started and in accordance with the approval plan, particularly with respect to the Final Subdivision Approval Plan, prepared by William S. Morgenroth, P.E. , dated March, 1987 and April 24, 1987 (3 sheets) and Final Subdivision Plat, prepared by Aristotle Bournazos, L.S. and dated March 30, 1967. All easements and other deed restrictions which are imposed as conditions of this Preliminary Subdivision Approval and any subsequent Final Subdivision Approval must be approved as to form and content by Counsel to the Town prior to the signing of the Final Subdivision Plat by the Chairman of the Town of Mamaroneck Planning Board. II. Compliance with SEQR A. Consistent with social, economic, and other essential considerations of State policy, to the maximum extent practicable from the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Assessment Form. B. All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms and addendum thereto and all special requirements and modifications set forth herein. III.Special Requirements A. Water Retention and Drainage 1. On lots in which there are swales, retention areas or galleries, there must be deed restrictions which prevent any construction in retention areas and provide that the owners must maintain the grades within the swales or said retention areas. The deed restriction must be approved as to form by Counsel to the Town. - 4 - May 13, 1987 2. All easements shall provide for additional agreements between the owner of the premises and the Town, for the Town to provide, at its option and with- out obligation to the Town, emergency maintenance in the event the owner of the lot does not, and also to provide for the Town to restore the retention areas and swales if the owner does not. These easements and agreements shall provide that any expenses incurred by the Town shall be charged back to the particular lot on the next tax assess- ment. All such easements and agreements shall be approved by Counsel to the Town as to form. 3. Provision shall be made for drainage from the swale between Salem Drive and Boulder Circle to enter the municipal storm drainage system in the Fenbrook Subdivision to prevent possible flooding of Boulder Circle during and after land clearing and construction. B. Building Envelopes & Specific Drainage Requirements 1. Prior to any construction, specific on-site soil investigations shall be conducted on each lot and the areas 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 driveways). Recommendations of the Consulting Engineer shall be determinative. C. Erosion & Sedimentation Control -- (During Construction) 1. Erosion and sedimentation control plans should be based upon the standards presented in the Westchester County Best Management Practices manual for con- struction-related activities, and as set forth on Sheets #2 & 3, dated April 24, 1987 and March, 1987, prepared by William S. Morgenroth, P.E. - 5 - May 13, 1987 2. The control plan shall include a con- struction timetable and an inspection schedule. 3. Specific erosion control and grading plans for each lot must be approved by the Consulting Engineer prior to the granting of building permits for individual lots. Erosion control measures must be installed as soon as practicable on individual lots prior to excavation of foundations. D. Joint Driveways 1. Any easements or agreements regarding the use and maintenance of any shared or joint driveway between Lot #3 in the proposed subdivision and Lot #3 in the Fenbrook Subdivision shall be approved as to form and content by Counsel to the Town prior to the signing of the Final Subdivision Plat by the Chairman of the Planning Board. 2. The applicant shall produce an executed deed restriction from the owner of Lot #3 of the Fenbrook Subdivision (Lot #4 in the Armour Subdivision) barring any curb cut and driveway to the residence on said lot from Boulder Circle over said lot. 3. The driveway cutoff to the residence on Lot #4 from the joint driveway shall be no closer than 40 feet from the Boulder Circle right-of-way. E. Status of Boulder Circle and Fenbrook Drive The applicant must submit an easement agreement between himself and Fenbrook Associates, Limited Partners, pursuant to which the applicant and every succeeding owner of Lot #3 in the proposed subdivision will have the right to use Boulder Circle and Fenbrook Drive for ingress and egress to Fenimore Road, and pursuant to which the applicant or any succeeding owner of Lot #3 - 6 - May 13, 1987 will have the right to hook up utilities, including sewer, in the bed of Boulder Circle. Such easement agreement shall be approved by Counsel to the Town as to form and content prior to the signing of the Final Subdivision Plat by the Chairman of the Planning Board. F. Trees 1. Pursuant to Section 76-A-2 (B) of the Tree Preservation Law of the Town of Mamaroneck, this Planning Board specifically finds that any trees located in the roadways and utility easements of the proposed subdivision may be removed without further consideration. 2. With respect to construction of residences, driveways, etc. on the individual lots, the Tree Preservation Law of the Town of Mamaroneck must be complied with before a building permit is issued. G. Required Documents and Inspections 1. The applicant shall provide one Mylar reproducible set of approved drawings to the Town and one set to the Office of the Consulting Engineer to the Town. 2. The applicant shall submit to the Town one Mylar reproducible and four copies showing the "as-built" conditions for sewer connections prior to the granting of a certificate of occupancy for any residence. H. Formal Offers of Deeds Formal offers of deeds of cession to the public, of all streets, highways or public places, and any necessary easements indicated on the plans filed with the Planning Board, shall be in a form satisfactory to Counsel to - 7 - May 13, 1987 the Town and shall be held by said Counsel until such streets are formally accepted by the Town Board, provided that such delivery of any offers or deeds shall not constitute an acceptance by the Town of the dedication of any such street, highway, easements or public places, or waive the payment of necessary title charges and recording fees, but that such acceptance shall be based solely on the adoption of a resolution by the Town Board. Taking Attorney Hoffman's recommendation under advisement, on motion by Mr. Bliwise, seconded by Mr. Schramm, it was unanimously RESOLVED, that this Board hereby waives Site Plan Approval of the Armour Sub- division because the scope of the project, as presented, and with the control that this Board has over the project, and since this Board has reviewed this proposal from the onset, it deems Site Plan approval as being unnecessary at this time. PUBLIC HEARING - FINAL SUBDIVISION APPROVAL Mr. Mark Rocconi 1 Gaillard Place Block 504 Parcel 252 The Public Stenographer was present for this application and his transcript will become a permanent part of this record. On motion by Mr. Cannon, seconded by Mr. Scutaro, it was unanimously - 8 - May 13, 1987 RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Recording Secretary presented the Affidavit of Publication and Posting of the Notice of Hearing for the record. It was stated by Attorney Hoffman that the Town would be adequately protected without New Rochelle signing off on the other parcel of land and he then suggested incorporating some of the language in Mr. Gary Trachtman's letter of April 28, 1987 into the proposed Resolution. There being no one who wished to be heard, on motion by Mrs. Carlson, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Mr. Mark Rocconi then stated that he has complied with all of the requirements of Preliminary Subdivision Approval and thereafter, on motion by Mrs. Carlson, seconded by Mr. Bliwise, the following Resolution was unanimously adopted: WHEREAS, Mark Rocconi has previously been granted Preliminary Subdivision Approval by this Planning Board by Resolution adopted March 11, 1987; and WHEREAS, the applicant has complied with the conditions for Preliminary Subdivision Approval; and WHEREAS, the applicant has submitted an appli- cation for Final Subdivision Approval in proper form, and has complied with all requirements of the Town, other municipal agencies, comments of the Consulting Engineer to the Town, the Coastal Zone Management Commission, and this Planning Board; and - 9 - May 13, 1987 WHEREAS, this Board has held a Public Hearing on the application for Final Subdivision Approval on May 13, 1987; and WHEREAS, the applicant has received approval from the Zoning Board of Appeals pursuant to Town Law 280-a to permit a subdivided lot to front on an unimproved street; NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is hereby granted to Mark Rocconi, pursuant to his application and subject to all terms and conditions set forth below: I. General Requirements All required curbs, monuments, water mains, storm drains, sanitary sewer facilities and street trees shall be installed, all in accordance with the latest standards and specifications in force at the time work is started and in accordance with the Final Subdivision Plans, prepared by Edward Brunner, P.E. , dated February 21, 1987 and April 12, 1987, and the Subdivision Plat, prepared by Roland K. Link, L.S. , dated April 4, 1987, as submitted by the applicant. All easements and other deed restrictions which are imposed as conditions of Final Subdivision Approval must be approved as to form and content by Counsel to the Town prior to the signing of the Final Subdivision Plat by the Chairman of the Town of Mamaroneck Planning Board. II. Compliance with SEQR Consistent with social, economic, and other essential considerations of State policy, to the maximum extent practicable from the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant Environmental Impact Statement; and All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including effects disclosed in the relevant Environmental Assessment Forms and addendum thereto and all special requirements and modifications set forth herein. - 10 - May 13, 1987 III. Special Requirements A. Water Retention and Drainage: 1. The water retention and drainage facilities shall be constructed strictly in accordance with the plans submitted and in accordance with the recommenda- tions of the Coastal Zone Management Commission. B. Erosion and Sedimentation Control During Construction: 1. Erosion and sedimentation control plans shall be based upon the standards presented in the Westchester County Best Management Practices Manual for Construction-Related Activities, and as set forth on Grading and Drainage Plan dated February 21, 1987, prepared by Edward Brunner, P.E. , as submitted by the applicant. 2. Specific erosion control and grading plans for the vacant lot must be approved by the Consulting Engineer prior to the granting of an individual building permit and shall be in accordance with the recommendations of the Coastal Zone Management Commission. Erosion control measures shall be installed as soon as practicable on the individual lot and prior to the excavation of the foundation. C. Performance Bonds - Letter of Credit: 1. Prior to issuance of any building permits, or the commencement of any construction activities, a cash deposit or an irrevocable letter of credit in the total amount of $2,000 shall be filed. A letter of credit shall have a term of one year with provision for automatic renewal for up to three years. The letter of credit shall contain a provision for sixty days notice of non-renewal. $1,800 of the - 11 - May 13, 1987 deposit or letter of credit will be released after acceptance by the Consulting Engineer on all public improvements or hookups to existing public improvements. The retained amount of $200 shall be released when the certificate of occupany is issued for the new dwelling or one year after acceptance of the sewer connection, whichever first occurs. D. Status of Gaillard Place: 1. The Final Sudivision Plat shall contain a notation of an irrevocable offer of dedication of all right, title and interest of the applicant and the proposed new owner in the bed of Gaillard Place. This irrevocable offer of dedication shall be approved by Counsel to the Town as to form and content prior to the signing of the Final Subdivision Map by the Chairman of the Planning Board. 2. The applicant shall provide to the Town, an easement which grants to the Town, the right to maintain, alter, repair and replace utility pipes or conduits in the bed of Gaillard Place and also offers an easement to the Town over the bed of Gaillard Place for the purposes of improving the bed of Gaillard Place for highway or other Town purposes. F. Trees: 1. Trees on the site are to be retained in conformance with the Tree Ordinance of the Town of Mamaroneck. G. Required Documents and Inspections: 1. The applicant shall provide one Mylar reproducible to the Town and one set of prints to the office of the Consulting Engineer for the Town. - 12 - May 13, 1987 2. The applicant shall provide inspection of the connection to the Town sewer by a Licensed Professional Engineer. The Licensed Professional Engineer shall certify to the Town and to the Consulting Engineer for the Town, that the sewer has been installed in compliance with the approved plans and specifications. 3. The applicant shall submit to the Town, one Mylar reproducible and four copies showing the "as-built" conditions for the sewer connection prior to the granting of a certificate of occupancy for any residence. This "as-built" reproducible shall be certified by a Licensed Professional Engineer. H. Formal Offers of Deeds: Formal offers of deeds of cession to the public, of all streets, highways or public places, and any necessary easements indicated on the plans filed with the Planning Board, shall be in form satisfactory to Counsel to the Town and shall be held by said Counsel until such streets are formally accepted by the Town Board, provided that such delivery of any offers or deeds shall not constitute an acceptance by the Town of the dedication of any such street, highway, easements or public places, or waive the payment of necessary title charges and recording fees, but that such acceptance shall be based solely on the adoption of a resolution by the Town Board. Attorney Hoffman then stated that the Rocconi Subdivision was exempt from Site Plan Approval requirements. - 13 - May 13, 1987 3. PUBLIC HEARING - FINAL SUBDIVISON APPLICATION MR. LOUIS GOLDSTEIN 10 Burton Road Block 407 Parcel 335 The Public Stenographer was present for this application and his transcript will become a permanent part of the record. The applicant's representative, Anthony R. Spencer, appeared and requested that Final Subdivision Approval be granted. No Preliminary Subdivision Approval was granted, stated Attorney Hoffman, as the applicant chose to directly obtain Final Subdivision Approval. Thereafter, on motion by Mrs. Carlson, seconded by Mr. Cannon, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Recording Secretary presented the Affidavit of Publication and Posting of the Notice of Hearing for the record. In answer to a question raised by Mrs. Carlson, Mr. Spencer stated that the westerly side of Mr. Goldstein's property was being subdivided. In order to save an existing tree, Mr. Spencer explained that the proposed home was moved slightly closer to the street. He added that Zoning Board approval was obtained for the street frontage. Mr. Trachtman referred to his letter of May 8, 1987 regarding his comments and recommendations. - 14 - May 13, 1987 There being no one who wished to be heard, on motion by Mr. Bliwise, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. At this time, the proposed Resolution was reviewed by the Board members with Attorney Hoffman making certain changes and additions after which, on motion by Mr. Cannon, seconded by Mr. Schramm, the following Resolution was unanimously adopted: WHEREAS, Louis Goldstein has submitted an application for Final Subdivision Approval; and WHEREAS, the applicant has submitted an appli- cation for Final Subdivision Approval in proper form and complying with all requirements of the Town, other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, the Zoning Board of Appeals of the Town of Mamaroneck has previously granted this applicant a variance to permit the subdivision of his property into two lots, each with nonconforming road frontage; and WHEREAS, the Zoning Board of Appeals of the Town of Mamaroneck has previously determined that this is a Type II Action pursuant to SEQR and has completed all proceedings relevant to SEQR with respect to this application; and WHEREAS, this Board held a Public Hearing on the application for Final Subdivision Approval on May 13, 1987; NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is hereby granted to Louis Goldstein, pursuant to his application and subject to all terms and conditions set forth below: - 15 - May 13, 1987 I. General Requirements All street lighting facilities, curbs, gutters, suitable monuments, street trees and other public facilities shall all be installed in accordance with the latest standards and specifications in force at the time work is started and in accordance with the approved plan, particularly with respect to drawings Plot Diagram and Details, dated April 20, 1987, signed and sealed by Anthony R. Spencer R.A. , and Subdivision Plat, dated May 1, 1987, signed and sealed by Donald Calabrese, L.S. , as submitted by the applicant. II. 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 roads). 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 measures must be installed as soon as practicable on the individual lot prior to excavation of the foundation. C. 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. - 16 - May 13, 1987 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. This "as-built" reproducible shall be certified by a Licensed Professional Engineer. 2. The applicant shall provide for inspection of the connection to the sewer by a Licensed Professional Engineer. The Licensed Professional Engineer shall certify to the Town and to the Consulting Engineer for the Town, that the connection to the sewer has been made in compliance with the approved plans and specifications. 3. The applicant shall submit to the Town one Mylar reproducible and one set of prints showing the "as-built" conditions for the sewer connection prior to the granting of a certificate of occupancy for any residence. This "as-built" reproducible shall be certified by a Licensed Professional Engineer. E. Formal Offers of Deeds: Formal offers of deeds of cession to the public, of all streets, highways or public places, and any necessary easements indicated on the plans filed with the Planning Board, shall be in form satisfactory to Counsel to the Town and shall be held by said Counsel until such streets are formally accepted by the Town Board, provided that such delivery of any offers or deeds shall not constitute an acceptance by the Town of the dedication of any such street, highway, easements or public places, or waive payment of necessary title charges and recording fees, but that such acceptance shall be based solely on the adoption of a resolution by the Town Board. - 17 - May 13, 1987 F. Performance Bond - Letter of Credit: Prior to the issuance of any building permit, or the commencement of any construction activity, a cash deposit or an irrevocable letter of credit in the total amount of $2,000 shall be filed. A letter of credit shall have a term of one year with provision for automatic renewal for up to three years. The letter of credit shall contain a provision for sixty days notice of non- renewal. The $2,000 deposit or letter of credit shall be released after acceptance by the Consulting Engineer on all public improvements or hookups to existing public improvements and after the certificate of occupancy is issued for the new dwelling. At this time, the order of the agenda was changed and the following application was presented: 5. APPLICATION - FRESHWATER WETLANDS & WATER COURSES PERMIT Mr. Walter S. Bopp 9 Bonnie Briar Lane Block 222 Parcel 585 Mr. Bopp appeared in support of his application and he stated that this procedure only took him three years to complete. He added that everything was now in order and in final form as requested and, on motion by Mr. Schramm, seconded by Mr. Cannon, the following Resolution was unanimously adopted: WHEREAS, Mr. Walter Bopp has applied for a permit pursuant to Local Law #7 of 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 Environ- mental Quality Review; and - 18 - May 13, 1987 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 88-6 (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 the proposed activity (A) will have only a minor impact, because (B) it is the only practical alternative, and (C) 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 public hearing pursuant to Local Law #7 of 1986 be, and hereby is, dispensed with; and BE IT FURTHER - 19 - May 13, 1987 RESOLVED, that the application of Mr. Bopp 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 Comptroller to ensure satisfactory completion of the proposed project and the rehabilitation of any effected or disturbed areas; d. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 A.M. and 4:30 P.M. ; e. The recommendations of the Consulting Engineer to the Town regarding technical aspects, as set forth in his letter to the Planning Board, dated May 4, 1987, are hereby made conditions of this permit, to wit: (a) The applicant will remove all excavated material from the site on a daily basis and (b) the existing grade will not be changed in any way, and (c) as further set forth in the Westchester Best Management Practices Guidelines for Construction- Related Activities. 4c * x k - 20 - May 13, 1987 4. APPLICATION - FRESHWATER WETLANDS & WATER COURSES PERMIT Mr. & Mrs. P. Cohenca Lot 28 Fenbrook Drive Block 309 Parcel 28 Mr. & Mrs. Cohenca together with Kevin McKenna, of McKenna Development Group, appeared in support of the application to construct a house within 100 feet of a tributary of the East Branch of the Sheldrake River. Chairman Bell referred to a letter received from the CZM dated May 8, 1987 wherein it was stated that the Commission was unable to make a finding of consistency with the relevant policies of the LWRP. In answer to Chairman Bell's question, Attorney Hoffman stated a Public Hearing would be necessary if the Board accepted the recommendations of CZM or, if they did not accept the recommendations, the Board would then have to make a finding that the proposed project would minimize all adverse impacts to the maximum extent possible. Following further discussion, on motion by Mrs. Carlson, seconded by Mr. Bliwise, it was unanimously RESOLVED, that this Board hereby sets Wednesday, June 10, 1987, at 8:15 P.M. , as the date and time for a Public Hearing on the Cohenca application; 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. Mr. Bliwise then requested that this application be explained and Mr. McKenna approached the dias and proceeded to describe the proposed project. - 21 - May 13, 1987 Ms. Shirley Tolley of the CZM Commission raised some pertinent questions which Attorney Hoffman said he was not in a position to answer at the present time. In answer to another question posed by Ms. Tolley, Mr. Trachtman explained his interpretation of the meaning, "top of the bank" as was stated in the Maloney/Berringer Final Subdivision Approval - Site Plan Approval resolution, dated September 12, 1985, and adopted by the Planning Board on December 31, 1985. Mr. Trachtman then discussed the velocity of the stream as it flowed through the property and Chairman Bell then requested that he be furnished with a copy of the water flow chart that Mr. Trachtman and Mr. McKenna were referring to. In answer to Ms. Tolley's other question, Attorney Hoffman and Mr. Trachtman answered that this subdivision was approved before the Town adopted Local Law #7 of 1986 but that the Water Control Commission was in existence at the time and they issued the permit for this subdivision. Some discussion followed regarding subdivision requirements and Attorney Hoffman pointed out that the entire burden for the construction work that was being done upstream could not be placed on the Cohencas. Mr. Cohenca questioned his compliance with the Planning Board and/or the CZM because, in his opinion, he did not feel as though he could ever meet the requirements of CZM because if he did, his property would then be unbuildable. It was then suggested by Attorney Hoffman that the applicant contact him, Mr. Trachtman, and the CZM in order to try to solve some of the problems before the next Board meeting. As Chairman Bell explained, many of the issues have just been rasied within the last day or so and Attorney Hoffman added that CZM was not at all in favor of the channel being narrowed and he also pointed out that the present conditions might not necessarily remain the same. - 22 - May 13, 1987 Wetlands will be filled in along the stream and that cannot be tolerated, Ms. Tolley stressed, to which Attorney Hoffman explained that the Planning Board could override the recommendations of CZM and, even if the Board accepted CZM's opinion, they could make certain findings to mitigate the impact. Chairman Bell then requested that Attorney Hoffman draft an opinion on the interpretation of several terms, including what is the "top of the bank," as many people could be affected by this and legal guidelines had to be established for future situations. At this time, the architect, Morton Cass, requested that the Board members view the site and Tuesday, May 19th at 6:30 P.M. was the date set; with Wednesday, May 20th being set as the rain date. * * * * * 6. CONSIDERATION - SPECIAL PERMIT APPLICATION M.L.S. , Inc. 2417 Boston Post Road Block 505 Parcel 446 Mr. Stefanelli presented his application to erect a tent outside of his restaurant on Boston Post Road. He stated that he was trying to build up business and thought a tent would be a nice feature during the summer. Only light food would be offered, Mr. Stefanelli said, adding that just beer and possibly wine, would be served outside. In answer to some questions raised by the Board members, Mr. Stefanelli continued that indoor/outdoor carpeting would be put down, and the tent would be closed on two sides with vinyl curtains. Along the outside of the tent, by the tie lines, Mr. Stefanelli noted that potted plants and trees would be placed there. He concluded that the hours of operation would be approximately 11 A.M. to 8:30 P.M. with seating being limited to about 40. - 23 - May 13, 1987 After some further discussion, on motion by Mr. Scutaro, seconded by Mrs. Carlson, it was unanimously RESOLVED, that the Planning Board is the Lead Agency for this application and solely responsible for determining whether the proposed action will have a significant impact on the environment. The consensus of the Board was as follows: Mrs. Carlson requested that a time limit be put on its use; Mr. Bliwise had no objection as long as the hours of operation were limited; Chairman Bell said he was not really opposed to it; and Mr. Bliwise stated that it depended on what the tent would look like and how it would be maintained. Attorney Hoffman requested that the applicant furnish a more formal submission, and include such things as tent designs, samples, pictures, etc. and the applicant stated that Toyota City had similar tents up at the present time. Thereafter, on motion by Mrs. Carlson, seconded by Mr. Bliwise, it was unanimously RESOLVED, that this is an Unlisted Action which may have a significant impact on the environment and further definite indications of significance or non-significance must be determined. On motion by Mrs. Carlson, seconded by Mr. Scutaro, with Mr. Cannon and Mr. Bliwise abstaining, it was RESOLVED, that this application be referred to the Coastal Zone Management Commission for their suggestions and recommendations. - 24 - May 13, 1987 Attorney Hoffman requested that this matter be referred to the police and fire departments for their comments. On motion by Mr. Scutaro, seconded by Mr. Bliwise, it was unanimously RESOLVED, that this Board hereby sets Wednesday, June 10, 1987, at 8:15 P.M. , as the date and time for a Public Hearing on the M.L.S. Inc. application; 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. At this time, the order of the agenda was changed, and the following application was heard: 10. CONSIDERATION - SITE PLAN AMENDMENT Larchmont Apartments 33 North Chatsworth Avenue The Public Stenographer was present for a portion of this application and his transcript will become a part of the record. Mr. Carmelo Marullo an associate of the architectural firm of Schuman, Lichtenstein, Claman & Efron, appeared in support of the application and spoke with regard to the changes they wished to make to the parking area and front entrance in order to make room for an enclosed dumpster. After much discussion, it was the consensus of the Board to request the applicant to install a brick and concrete enclosure for the dumpster instead of the wooden one which was proposed and they also accepted the location of the dumpster even though they thought that it was not the best. - 25 - May 13, 1987 Thereafter, on motion by Mr. Schramm, seconded by Mr. Cannon, the following Resolution was unanimously adopted: WHEREAS, Larchmont Apartments has requested that this Board amend the Site Plan Approval, previously granted, to permit construction of a dumpster enclosure on the site together with slight renovations to the parking area and front entranceway; and WHEREAS, supporting documentation has been submitted which indicates that the impact of this change would have no adverse environ- mental impacts; and WHEREAS, due to the full prior submission of this application and the minimal change proposed, this Board determines that a Public Hearing and strict compliance with the Site Plan requirements would cause extraordinary and unnecessary hardship, and that a Public Hearing is not necessary, and the variance and waiver will be consistent with the goal of promoting the public health, safety, comfort, convenience and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED, that the applicant's request for a modification of the previously approved Site Plan to construct an enclosure for a dumpster on the site, together with slight renovations to the parking area and front entranceway, be and hereby is granted subject to: 1. That said enclosure shall be constructed out of brick and concrete, and shall be in accordance with the plans submitted. 2. That said plans be revised so as to show such change from a wooden enclosure to a concrete enclosure and that a set of said plans be filed with the Building Department. - 26 - May 13, 1987 7. PUBLIC HEARING - AMENDMENT TO SUBDIVISION REGULATIONS The Public Stenographer was present for this hearing and his transcript will become a permanent part of the record. It was explained by Attorney Hoffman that this amendment was before the Planning Board for consideration and then went before the Town Board for approval. The Town Board did approve this amendment and it was now back before the Planning Board for a Public Hearing. On motion by Mr. Schramm, seconded by Mr. Cannon, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. There being no one who wished to be heard, on motion by Mr. Cannon, seconded by Mr. Bliwise, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereafter, on motion by Mr. Schramm, seconded by Mrs. Carlson, it was unanimously RESOLVED, that the Amendment to the Subdivision Regulations be, and it hereby is approved; and be it further RESOLVED, that Section 3, Subdivision, of the Subdivision Plat Regulations of the Planning Board of the Town of Mamaroneck be, and it hereby is, amended to read as follows: "SUBDIVISION - means the division of any parcel of land into two (2) or more plots, lots, sites or other divisions of land for immediate or future sale or for building development"; and be it FURTHER RESOLVED, that this Amendment be, and it hereby is, referred to the Town Board for their consideration. - 27 - May 13, 1987 8. PUBLIC HEARING - ADOPTION OF NEW FILING and PROCESSING PROCEDURES The Public Stenographer was present for this proceeding and his transcript will become a permanent part of the record. Attorney Hoffman spoke of the Land Use Procedures and Guidelines which he authored together with Stephanie Fuller who served as an Administrative Intern for the Town. On motion by Mr. Schramm, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. Ms. Claudia Ng stated that the Conservation Advisory Commission would like to get all submissions as quickly as possible and Attorney Hoffman responded that after Lead Agency status was designated by the Board, they would be notified. A few other changes were recommended by Ms. Ng and Attorney Hoffman reported that those revisions would be made. There being no one else who wished to be heard, on motion by Mr. Cannon, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereafter, on motion by Mr. Scutaro, seconded by Mr. Bliwise, it was unanimously RESOLVED, that Land Use Regulations - Town of Mamaroneck, be, and they hereby are, adopted by the Town of Mamaroneck Planning Board; and be it FURTHER RESOLVED, that said Land Use Regulations be, and they hereby are, referred to the Town Board for their consideration. - 28 - May 13, 1987 9. DISCUSSION - ZONING ORDINANCE AMENDMENTS Chairman Bell stated that the Building Inspector, William Jakubowski, could not be present this evening to discuss the proposed changes in the Zoning Ordinance and that he had requested that he be permitted to present them at the next Planning Board Meeting. At this time, Attorney Hoffman noted for the record that this would be the last meeting for the Recording Secretary as she had accepted the position of Village Clerk of Rye Brook. The Board members joined with Mr. Hoffman in congratulating Jean and they extended their thanks to her for the wonderful job she has done on the Planning Board Minutes as well as with the numerous resolutions. ADJOURNMENT There being nothing further to come before the Board, on motion by Mrs. Carlson, seconded by Mr. Cannon, the meeting was unanimously adjourned at 12:05 A.M. �. Imo. Jean A. Marra Recording Secretary - 29 -