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HomeMy WebLinkAbout1985_05_08 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD MAY 8, 1985, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Paul Kalos, Chairman Mrs. Mary Carlson Mr. Anton Schramm Mr. Emil Niclaysen Mr. Sanford Bell Mr. Lester Bliwise Absent: Mrs. Caryl Mahoney Also present: Mr. Lee Hoffman, Jr. , Town Counsel Mr. Gary Trachtman, Engineering Consultant APPROVAL OF MINUTES The minutes of the Special Meeting of March 7 and the regular meetings of March 13 and April 17, 1985 were presented and on motion made and seconded approved as submitted. APPLICATION FOR AUTO SPA - 178 MYRTLE BOULEVARD - BLOCK 133 PARCEL 627 The Chairman noted and Counsel agreed that the applica- tion had been filed before the moratorium had gone into effect and the first step was to determine the SEQR pro- cess. A motion was made and seconded that the Planning Board be designated as Lead Agency. The Board discussed the application and determined that it should be a Type 2 Action and the most important pro- blem was how the oil would be handled. The applicants pointed out that the oil is removed from the premises. Mr. Hoffman told the Board that they could in their find- ings declare that the off site disposal of the oil will not be a significant problem and will have no effect on the environment. After further discussion the Board on motion made and seconded with all members voting in favor to set up a Public Hearing on June 12, 1985 for the Special Permit. ADJOURNED HEARING ON GARFIELD HOUSING A Public Stenographer was present and his minutes will be made part of the record on this application. Mr. Schramm moved that the Board accept the Resolution prepared by Mr. Hoffman and the motion was seconded by Mr. Bell with all members except Mr. Kalos, who abstained voting in favor. The following Resolution was adopted: WHEREAS, Garfield Housing Corp has requested final approval of a Site Plan application, and WHEREAS, the Planning Board of the Town of Mama- roneck on March 13, 1985 and April 17, 1985 held a Public Hearing on the application for approval of the above-referenced Site Plan; and Subsequently on May 8, 1985 with all members present except Mr. Kalos a motion was made and seconded, and adopted that approval be granted to the Site Plan with modifications and require- ments as follows: A. SITE PLAN a. Entitled: Larchmont Apartments Chatsworth/Madison Avenues Town of Mamaroneck b. Dated - 11/14/84,12/19/82 and 8/4/81 c. Revised: 12/14/84,2/4/85 and 2/22/85 d. Date Stamped Received: 2/5/85 e. Prepared by: Schuman, Lichtenstein Claman & Efron,Architects (Sheet 1,) William Morgenroth, P.E. (Sheets 1 thru 5) B. COMPLIANCE WITH SEQR 1. Consistent with social, economic and other essential considerations of State policy, to the maximum extent practicable, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclo.sedd in the relevant environmental impact statements; and 2. 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 impact statements and including all special requirements and modifications set forth herein. C. SPECIAL REQUIREMENTS AND MODIFICATIONS 1. Garfield Street shall be closed in accordance with an order of discontinuance signed by the Superintendent of Highways of the Town of Mamaroneck on April 11, 1984 and amended by an order signed by said Superintendent on May 7, 1985. 2. Garfield Housing Corp shall deed to the Town an easement for maintenance and installation of utility, water and sewer services in the bed of Adams Street, such easement to be subject to the approval of both the Consulting Engineer to the Town and the Office of Counsel to the Town. 3. The detention pond shall be graded and landscaped and maintained at a depth no greater than three feet, with all con- duit pipes to be grated over all openings. 4. Whenever feasible considering the site plan, parking layout and required engineer- ing improvements, every attempt shall be made to retain all existing trees larger than 8" in diameter at breast height which are in open, landscaped parts on the site. 5. The applicant shall comply with all terms of the contract of sale between the Town of Mamaroneck and the applicant for part of the real property on which this project will be built. 6. That the applicants obtain approval of the Westchester County Health Department for all public water supply facilities and public sanitary sewer to serve all structures intended for human occupancy constructed in said subdivision. 7. That the applicants obtain approval from the Westchester Joint Water Works and from the Town Board of the Town of Mamaroneck for extension of the water main as shown on the construction drawings and that an amount sufficient to cover the installation of said water lines and ap- purtenances as estimated by the Manager of said Water Works be deposited with said Water Works. 8. That no building permits shall be issued for the construction of any public improve- ments, site improvements or buildings until the applicant posts a cash bond or letter of credit equal to 25% of cost of the pub- lic improvements and a performance bond equal to 75% of the cost of the public improvements, said cost to be determined by the Consulting Engineer. All credit and bond documents shall be approved by Counsel for the Town as to form, suffi- ciency and manner of execution. 9. That the applicant shall install all street improvements in accordance with the plans filed with this application and in accordance with the standards and speci- fications and procedure acceptable to the appropriate Town Departments and any revi- sions which are noted on the final plans. 10. That 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 the Counsel to the Town and shall be held by said Counsel until such streets are formally accepted by the Town Board, pro- vided that such delivery of such offers or deeds shall not constitute an acceptance by the Town of the dedication of any such street, highway, easements or public places, nor waive the payment of necessary title charges and recording fees, but that such acceptance shall be based solely upon the adoption of the Resolution by the Town Board. 11. The applicant shall execute a water and sewer utility agreement with the Town of Mamaroneck, in a form approved by the Consulting Engineer and Counsel to the Town. 12. The sanitary sewer service for the apartments originally proposed and approved should be shown on the latest Site Improve- ment plan. The filter backwash from the swimming pool should be directed to this line, if possible and should be shown on the plan. Swimming pool facilities must be approved by the Westchester County Department of Health. 13. The swimming pool drain and surrounding area should be connected to the proposed catch basin in new Jefferson Street and shown on the Site Improvement Plan. 14. Erosion control measures shall be shown on the Site Improvement Plan. 15. In order to facilitate review of plans during construction finished grades shown on the Site Plan shall be incorporated on the Site Improvement Plan prior to issuing a building permit. 16. Appropriate traffic control measures should be coordinated with the appropriate Town agencies. This would include items such as "Do Not Enter" signs at the Madi- son Avenue Exit and "No Exit" signs at the Chatsworth Avenue entrance. Other signs relating to the routing of trucks exiting the Thruway to Myrtle Boulevard and traffic control at the intersections of Madison Avenue and Fifth Avenue and Madison Avenue, Jefferson Street and the Thruway should be determined by the appro- priate Town agencies. 17. The following note should be added to the Site Improvement Plan: APPROVED FOR THE TOWN OF MAMARONECK WITH RESPECT TO SANITARY SEWERAGE AND STORM WATER DRAINAGE ONLY. MALCOLM PIRNIE, INC. ENVIRONMENTAL ENGINEERS, SCIENTISTS & PLANNERS, 2 CORPORATE PARK DRIVE, BOX 751, WHITE PLAINS, NEW YORK 10602 18. Note 20 on drawing #5 pertaining to disinfection of water mains shall be updated to reflect current specifications. 19. The applicant shall provide the ser- vices of a licensed professional engineer to certify completion of the work in accord- ance with the approved plans. One mylar reproducible and 4 sets of drawings show- ing the "As-Built" conditions shall be furhished to the Town. The letter of credit and performance bond to the Town of Mamaroneck shall be filed in the amounts and period of time determined by the Consulting Engineer and Counsel to the Town. A motion was made to close the Public Hearing. CONTINUED HEARING OF SPECIAL PERMIT APPLICATION - 2155 PALMER AVENUE - BLOCK 501 PARCEL 1 - CAR DEALERSHIP - D'ELIA AND DECARO Mr. John Geoghegan, who is the Attorney for the applicants appeared before the Board and they discussed the applica- tion. The Board questioned about the hours of operation and as to whether they would be opened on Sundays. The applicant said that would depend on other dealerships in the vicinity. After further discussion the applicant agreed to only open on Sundays subject to appointment and the Special Permit was approved subject to the following conditions: 1. Sale and repair of Acura Automobiles only. 2. Service on trade-ins sold on the premises by applicant. 3. Service - Appointment only for emergency - within (behind) existing building Service area opens 7:00 A.M. Monday to Saturday Service operations 7:30 A.M. to 9:00 P.M. (6:00 P.M.) all days except Saturday begin at 8:00 A.M. No service operation on Sunday 4. Sales - begin 9:00 A.M. Monday through Saturday terminate 9:00 P.M. Sunday by appointment only 5. Parking and Storage On site parking/storage - no vehicles within fifteen (15) feet of any street or sidewalk except along Harrison Drive behind the front line of the existing building Only automobiles and passenger vans on site 6. Truck traffic All trucks on Harrison Drive on site for loading and unloading vehicles and other parts. 7. Road tests No road testing in residential areas in the Town of Mamaroneck Employee of applicant must be present in automobile during all road tests. 8. Water discharge Limit water discharge to no greater than present Provide oil protective devices to satisfaction of Consultant Engineer (probably should be dealt with on site plan, no Special Permit) 9. Signs Comply with ordinance requirements One sign at Palmer and Harrison One name identification sign on building Small signs (one foot by two feet, maximum three feet high) to direct customers to service and sales entrances 10. Lighting Internally directed No lighting after hours of operation except for subdued lighting (set limits on candle power or wattage) 11. Fencing No fencing except as currently exists along Harrison Drive and across curb cuts 12. Sound Systems No sound produced on the site shall be audible at the property line (except during construction) 13. No banners, flags, pennants, buntings, balloons or similar items except three flag poles for any three of the following: American flag, New York State Flag, Westchester County Flag, Town of Mamaroneck Flag or Village of Larchmont Flag. 14. Temporary structures No temporary structures except during period of ten days before and thirty days after opening of site for business. 15. Change of Ownership Change of ownership is grounds for revocation of Special Permit NOTE: Under 1 - Sale and Repair of Acura Automobiles only Applicant specifically permits a representative of the Town of Mamaroneck to review appropriate business records to insure that the limitations on service of automobiles set forth are being followed. APPLICATION FOR SUBDIVISION - DR. ZELNICK - OLD WHITE PLAINS ROAD - BLOCK 330 PARCEL 350 The Board discussed the application for a subdivision of the property and the applicant was represented by Mr. Seligman, an Attorney and Mr. Panayotou, who is the Engineer for the firm of Raymond Keyes Engineers, P.C. The Board declared itself the lead agency for SEQR and after some discussion requested the applicants to submit a long Environmental Assessment Form. A motion was made by Mrs. Carlson requesting that in addition the applicants attach a supplement dealing with drainage. ADJOURNED HEARING ON SUBDIVISION APPROVAL - MALONEY-BERINGER The Public Stenographer was present for this application and his minutes will be made part of the record. On a vote of 5 to 1 with Mrs. Carlson voting against the Board voted to accept the Draft Environmental Statement and the following Resolution and fact finding was adopted: WHEREAS, Joseph T. Maloney, having submitted an application for a subdivision approval for approximately thirty acres on the west side of Fenimore Road in the Town of Mamaroneck, and also having submitted a long form environmental assess- ment form, a draft environmental impact statement dated November, 1984, a subsequent draft environmental statement dated January, 1985, and the Planning Board of the Town of Mamaroneck having held a Public Hearing on the draft en- vironmental statement, and the Planning Board having re- ceived additional communications, both oral and written, from William Morganroth, the applicant's engineer, the applicant, Gary Trachtman, Consulting Engineer to the Planning Board, Town of Mamaroneck Advisory Commission, the Town of Mamaroneck Fresh Water Wetlands Commission, the Town of Mamaroneck Highway Department, the Office of the Mayor of the Village of Larchmont, the Coastal Zone Management Committee, the Town of Mamaroneck Fire Depart- ment, the Town of Mamaroneck Police Department, the West- chester County Soil and Conservation District, and the Board having resolved that a final environmental statement is not necessary, and the Planning Board having previously determined that this proposed action is a Type I action pur- suant to SEQR, WHEREAS, this Board makes findings of facts, as follows: 1. Applicant Joseph T. Maloney has submitted a request for approval for a thirty-two lot subdivision on the west side of Fenimore Road, Town of Mamaroneck. 2. This site contains a tributary to the Sheldrake River, marshy areas and substantial rock outcropping. 3. A long form environmental assessment form and a draft environmental impact statement, with supple- ments, have been prepared by the applicant and sub- mitted to this Board. 4. The major environmental issues identified by the applicant, the Consulting Engineer, and this Board relating to this site are the location of the road, drainage, sewer systems extensions, and the need for blasting. 5. The Consulting Engineer has given his opinion to the Planning Board that the applicant has provided sufficient information regarding the presence or absence of adverse environmental effects and that practicable mitigating measures have been identified by the applicant. 6. The applicant has demonstrated that the water runoff from the site can be controlled so that no adverse impact on the environment results. 7. The applicant has demonstrated that, of the various proposals for roads on the site, a road entering from Fenimore Road on the north side of the property with cul-de-sacs (Alternative 3) is the best option from an environmental standpoint. The Board considered both traffic issues and necessity for blasting, to- gether with the required length of cul-de-sacs and approval of safety in reaching this conclusion. Con- siderations have been given to the written and/or oral reports from the Town of Mamaroneck Police De- partment and Fire Department. 8. The applicant has taken into account the possibility of hooking up the sewer on Kolbert Drive to the sewer in this proposed subdivision. 9. The applicant has demonstrated that the effects of any necessary blasting, both on and off the site, can be appropriately mitigated to minimize adverse en- vironmental impacts. WHEREAS, based upon the foregoing, this Planning Board deter- mines that the proposed action by Joseph T. Maloney will have an impact on the environment, but that the impact can be mitigated in accordance with the draft environmental impact statement and additional comments submitted; and the proposed action consistent with social, economic and other essential considerations, from among the reasonable alternatives, minimizes or avoids adverse environmental effects to the maximum extent practicable, and that approval of the subdivision incorporating mitigating mea- sures identified as practicable in the SEQR process will mini- mize or avoid adverse environmental effects; This Planning Board determines that the applicant need not pre- pare a final environmental impact statement, because the environ- mental statement, as supplemented, provides for sufficient miti- gation of the effects upon the environment; and the Secretary to the Planning Board is directed to forward a copy of this Resolu- tion and findings to all parties who received a completed Draft EIS. The Board made a motion to reopen the hearing on subdivision approval, and after discussing the application, motion was made and seconded that the hearing be adjourned to a Special Meeting on June 5, 1985. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 11:50 P.M. Rita A. Johnson /Secretary