HomeMy WebLinkAbout1985_11_13 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF
THE TOWN OF MAMARONECK HELD NOVEMBER 13, 1985, IN
THE AUDITORIUM 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 8:10 P.M.
ROLL CALL
Present: Mr. Sanford Bell, Chairman
Mrs. Mary Carlson
Mrs. Caryl Mahoney
Mr. Lester Bliwise
Mr. Anton Schramm
Absent: Mr. Gaetano Scutaro
Mr. Emil Nicolaysen
Also present: Mr. Lee A. Hoffman, Jr. , Counsel to the Town
Mr. Gary Trachtman, Engineering Consultant
APPROVAL OF MINUTES
On motion made by Mrs. Carlson, seconded by Mr. Bell, the minutes of
the meeting of August 14, 1985, were unanimously accepted as presented.
AUTO SPA SITE PLAN APPLICATION
178 Myrtle Boulevard
The Chairman reviewed the voting at the last meeting with two in favor
and two opposed and one abstention, resulting in no action being taken.
The Chairman referenced a proposed resolution for approval, drawn up
by the Attorneys to the Town, which sets forth conditions for the Site
Plan:
WHEREAS, Auto Spa Realty Corp. has submitted an application
for Site Plan Approval for premises located on Myrtle Boule-
vard, Town of Mamaroneck, New York, and Public Hearings having
been held on August 14, 1985, and September 12, 1985, pursuant
to Notice, and the Planning Board having considered the appli-
cation for Site Plan Approval, the plans, the comments of the
Consulting Engineer to the Town, both written and oral, and
the Engineer for the applicant, and having heard interested
members of the public,
BE IT RESOLVED that this Board approves the application of
Auto Spa Realty Corp. for site plan approval for premises on
Myrtle Boulevard, Town of Mamaroneck, as shown on a revised
drawing entitled "Alterations to Existing Building" dated
September 9, 1985, prepared by Mr. G. Darsey Gibson, R.A. ,
of Architects Planners Associates, subject to the following
terms and conditions:
November 13, 1985
1. The applicant shall transmit ten prints of the approved
drawings to the Town under separate cover and shall also
transmit one set to the Consulting Engineer to the Town.
2. The applicant shall provide inspection of all on-site
utilities, including the connection to the existing
storm drainage system, by a licensed professional en-
gineer who shall certify compliance with the approved
plans and specifications.
3. The applicant shall submit to the Town one mylar repro-
ducible and four sets of sealed drawings, certified by
a licensed professional engineer, showing the "as built"
condition.
4. All such conditions must be complied with prior to the
granting of a Certificate of Occupancy.
5. The applicant shall comply with the tree ordinance of
the Town of Mamaroneck in all respects.
6. No illuminated signs on the premises shall be operational
and lighted between the hours of 9:00 P.M. and the open-
ing hour on the following day.
The motion to consider this resolution for approval was made by Mr.
Schramm and seconded by Mr. Bliwise. The Chairman opened the floor
to discussion on the proposal, but there was none.
The motion was made and seconded to adopt the resolution as drafted
by Counsel. It passed with four votes in favor, and Mrs. Carlson opposed.
The applicant asked what the next step would be, and Counsel answered
that the work of the Board was complete and the applicant should pro-
ceed to apply for a building permit. The applicant then thanked the
Board.
OLD ROAD PRELIMINARY SUBDIVISION APPROVAL
Old Road Development Corporation (Zelnick property)
Block 330 Parcel 350
The Chairman noted that at the last meeting the Board had unanimously
supported the concept of the "through road," as did all other Town
departments. The Board had requested that Counsel draft a proposal,
which had been distributed to the Board members and the applicant,
and which reads as follows:
WHEREAS, Old Road Development Corp. has submitted an applica-
tion for preliminary subdivision approval for a parcel of land
currently owned by Dr. and Mrs. Zelnick and located on Old
White Plains Road, Town of Mamaroneck, New York, and
WHEREAS, the Planning Board has conducted and completed pro-
ceedings pursuant to SEQR, and
November 13, 1985
WHEREAS the Planning Board has reviewed all submissions by
and on behalf of the applicant, all correspondence from Town
officials, the Consulting Engineer to the Town, and interested
residents, and a public hearing having been held, and
WHEREAS it appears that the major controversial issues are the
location of the roads in the subdivision and the control of
necessary blasting, and all Town departments requested a
through street from Marbourne Drive to Gate House Lane, and
the Consulting Engineer to the Town having expressed his opin-
ion that any necessary blasting can be adequately monitored
and the effects of such blasting limited,
NOW, THEREFORE, BE IT RESOLVED preliminary subdivision approval
is hereby granted on the application by Old Road Development
Corp. , subject to all terms and conditions set forth below:
1. General requirements
All public streets and other public places on such plats
shall be suitably graded and paved and that street names,
traffic signs, street lighting facilities, curbs, gutters,
suitable monuments, water mains, storm drains, sanitary
sewer facilities, street trees, and other public facili-
ties 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 approval plan, par-
ticularly with respect to Sketch Site Plan SP 4 (Grading and
Drainage Plan) .
All easements and other deed restrictions which are imposed
as conditions of this preliminary subdivision approval and
any subsequent final subdivision approval must be ap-
proved as to form and content by Counsel to the Town prior
to the signing of the final subdivision plat by the Chair-
man of the Town of Mamaroneck Planning Board.
2. Compliance with SEQRA
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 Environ-
mental Impact Statement; and
B. All practicable means will be taken in carrying out or
approving the action to minimize or avoid adverse en-
vironmental effects, including effects disclosed in the
relevant Environmental Assessment forms and addendum
thereto and all special requirements and modifications
set forth herein.
3. Special requirements
A. Water retention and drainage
1. Plans for water retention facilities, if any, and
November 13, 1985
drainage facilities shall be submitted in the appli-
cation for final subdivision approval or site plan
approval on this application.
2. The applicant shall execute a drainage facility main-
tenance agreement with the Town of Mamaroneck, in a
form approved by the Consulting Engineer and the
Counsel to the Town, for all drainage facilities
which are not on property which is to be offered for
dedication to the Town.
3. On lots on which there are swales, retention areas,
or drainage facilities, there must be deed restric-
tions which prevent any construction in retention
areas and provide that the owners must maintain the
grades within swales or retention areas. The deed
restriction must be approved as to form by Counsel
to the Town.
4. On any lots on which there are drainage pipes or
other drainage facilities, there must be an easement
for the Town for access to the drainage pipe(s) for
maintenance. The easement must be 15 feet wide, with
a specific provision for the pipe to be 5 feet from
a property line.
5. 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 without obliga-
tion to the Town, emergency maintenance in the event
the owner of the lot does not, and also to provide
for the Town to restore retention areas and swales
if the owner does not. These easements and agree-
ments shall provide that any expenses incurred by
the Town shall be charged back to the particular lot
on the next tax assessment. All such easements and
agreements shall be approved by Counsel to the Town
as to form.
B. Blasting
1. All blasting on the premises shall be done in accord-
ance with the most stringent, currently accepted en-
gineering standards, and as preliminarily set forth
in a supplement to EAF, dated July 3, 1985.
2. All blasting must be preceded by a series of test
blasts. These test blasts must be made and all in-
formation gathered presented to this Board prior to
final subdivision approval. To the extent practi-
cable and as advised by the Consulting Engineer to
the Town, the final subdivision approval will include
a detailed plan for blasting, covering such areas as
any limitations on charge sizes, any designation of
delays, requirement of inspection of neighboring
houses prior to blasting, completion bond, timetable,
and scheduling.
November 13, 1985
3. The applicant shall provide the services of a li-
censed engineer or other individual with extensive
experience and credentials in blasting to insure
that all blasts are in accordance with the final
subdivision approval.
4. No blasting may be conducted without first obtaining
a permit from the Town Building Department.
5. To the fullest extent permitted by law, applicant
shall hold harmless and indemnify the Town, its offi-
cials, elected or appointed, employees, agents, and
the Consulting Engineer from and against all claims,
losses, damages and expenses, direct, indirect or
consequential (including but not limited to fees
and charges of attorneys and other professionals and
court and arbitration costs) arising out of or re-
sulting from the blasting performed by the appli-
cant, its employees, contractors or agents.
6. Applicant shall purchase liability insurance, in-
cluding contractual endorsement of the indemnifica-
tion agreement contained in 5. above in amounts and
coverage specified by the Town's insurance advisor,
which insurance policies shall name as Additional
Insureds the Town, its officials, elected or ap-
pointed, employees, agents, and the Consulting En-
gineer.
C. Building envelopes and specific drainage requirements
1. Prior to any construction, specific on-site soil in-
vestigations shall be conducted on each lot and the
areas of the proposed roads. The findings shall be
discussed with the Consulting Engineer with a view
toward designing proper mitigating measures to con-
trol the ground water (footing drains for foundations/
underdrains for roads) . Recommendations of the Con-
sulting Engineer shall be determinative.
D. Erosion and 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 construction re-
lated activities, and as preliminarily set forth in a
supplement to Environmental Assessment Form, dated
7/3/85.
2. The control plan shall include a construction time-
table and an inspection schedule.
E. Plans prior to final approval
1. Prior to the approval of the final subdivision plan,
the applicant shall submit an improvement plan show-
ing all proposed improvements. This plan shall be in
conformity with the requirements of the Department of
November 13, 1985
Highways, Town of Mamaroneck, and shall be approved
by the Consulting Engineer and shall be in accord-
• ance with the Preliminary Subdivision Plan (Sketch
Site Plan SB-5 dated May 8, 1985) prepared by
Peter Rolland & Associates and Marbourne Drive
Grading and Drainage Plan SB-4 dated July 3,
1985, by Raymond Keyes Associates, and any condi-
tions set forth herein.
2) Prior to the approval of the final subdivision
plat, the applicant shall submit a grading plan
showing all proposed grading. This plan shall be
in conformity with the requirements of the Highway
Department of the Town of Mamaroneck and shall be
approved by the Consulting Engineer. All grading
shall be in accordance with Marbourne Drive Grad-
ing and Drainage Plan SB-4, dated July 3, 1985,
prepared by Raymond Keyes Associates.
F. Performance Bonds/Letter of Credit
1) Prior to issuance of any building permits or the
commencement of any construction activities, a
Letter of Credit and/or a Performance Bond to
the Town of Mamaroneck shall be filed in amounts
and periods of time to be determined by the Con-
sulting Engineer. A Performance Bond will be
accepted only up to seventy-five percent of the
amount determined by the Consulting Engineer to
® the Town, and the balance shall be secured by a
Letter of Credit.
2) The final subdivision plat shall contain the nota-
tion concerning an irrevocable offer of dedication
required by Town Law 278.
G. Access to Lots 7 and 8 from Gate House Lane
1) The applicant shall construct a road to Town stan-
dards, except for providing curbing, between Gate
House Lane and the property line of the applicant
in the vicinity of the boundary line between lots
7 and 8.
2) The applicant also agrees to provide a gravel park-
ing area on this roadbed or on Town property adja-
cent to the roadbed and further shall make certain
improvements on property owned by the Town adjacent
to this road and lot 8. The road, parking area,
and improvements shall be shown on the final sub-
division map and/or the Site Plan Application.
H. Trees
Trees on the site are to be retained in conformance
with the Tree Ordinance of the Town of Mamaroneck.
I. Preliminary approval.
4111 Preliminary approval should be construed as such
and not as final approval.
November 13, 1985
J. Westchester County Recommendations
A. There shall be a deed restriction on the twenty-five
feet of lots 9, 10, and 11 abutting Saxon Woods Park
which will preclude any construction or the placement
of any appurtenant structures within that area. Such
deed restriction shall be approved by Counsel to the
Town and by the Westchester County Department of Parks,
Recreation and Conservation.
B. The park/subdivision boundary shall be clearly identi-
fied and staked out prior to any construction on the
site, and shall be verified by field inspection. In
addition, all individuals and entities doing construc-
tion on the site shall be informed of the physical limit
of authorized operation to minimize the possibility of
intrusion onto County parkland. Applicant shall notify
the Westchester County Department of Parks, Recreation
and Conservation when the park/subdivision boundary line
is completely marked. The applicant shall comply with
the requirements and procedures in Best Management Prac-
tices Manual of Westchester County during all phases of
construction, and this requirement shall be binding upon
any individual builders other than the applicant. The
applicant shall refrain from cutting trees, dumping
debris, stumps, fill or any other material into or onto
parkland owned by the County of Westchester.
C. The applicant shall comply with any recommendations of
the Westchester County Soil and Water Conservation Dis-
trict.
The Chairman noted that additional letters have come in since then,
one from Joel Negrin and another from Mr. Trachtman concerning the
Traffic Study. Both were read by all members of the Board present.
The Chairman suggested that the Board review the proposed conditions
section by section. Counsel added that since the last meeting the
Supervisor had forwarded copies of three letters from residents favor-
ing the through road.
There were no comments on the "WHEREAS" clauses. For Section 1.
General Requirements, Mrs. Carlson asked about Town requirements for
curbs, and the Engineer responded that these types of details would
be considered later during the Final Site Plan Approval.
Discussion followed concerning the exact names of numerous plans
submitted to determine that the particular plan under consideration
was the plan with a through street, including drainage and grading
plans. Apparently, a number of plans are all consistent, illustrating
more or less detail with regard to drainage and grading, subjects
which also will be considered later during the Final Site Plan
Approval. There were no more comments regarding Section 1 or Section
2. , which concerns compliance with SEQRA.
November 13, 1985
Discussion on Section 3. Water Retention and Drainage, under Special
Requirements, raised questions. The applicant's engineer noted, per
past discussion, that they planned to eliminate the water retention
area by draining it for the roadway, which he illustrated to the
Board with numerous charts and plans. The drainage pipe would be
the responsibility of the home owner.
The Chairman stated that there may be places where water will be re-
tained mistakenly, but this does not involve the conditions of the
current resolution. It was noted again that such details will be
considered later during Final Site Plan Approval. It was agreed
that some of the conditions in paragraphs 1. - 5. , Section A. , are
a technical measure that may or may not be necessary; the final
location will determine their applicability.
Discussion pertaining to paragraph 4. led to the understanding that
pipes should be at least five feet from the property line in order
to prevent problems with trees, etc. , on other properties.
It was clarified that paragraph 5. acts as a protection to the Town,
leaving no further comments on Section 3.A.
Section 3.B. - Blasting elicited lengthy discussion regarding the
qualification stipulations for both the person doing the actual
blasting, as well as that person who certifies the blaster. The
discussion clarified that these were, by definition, two different
people and that a blaster could not self certify. The Chairman
questioned what recourse any individual has if the blasting does not
go correctly. Mr. Schramm answered that it then becomes an insur-
ance problem and that the Board cannot guarantee success. With the
intention of assuring that the blasting would be done and certified
by people of utmost competence, the Board amended the resolution to
read as follows:
B. Blasting
3. The applicant shall provide the services of a competent
individual with extensive experience and credentials in
blasting who will certify that all blasts by a licensed
blaster are in accordance with the final subdivision
approval.
The applicant requested that the word "reasonable" be added to
paragraph 6. , to read: "Applicant shall purchase reasonable lia-
bility insurance . . .". This addition was made to the resolu-
tion, concluding discussion on Section 3.B.
Technical corrections were made on Sections E. and F. The plan
itself is "SB-4", the date is "7/3/85", and the plan was prepared
by "Raymond Keyes Associates." In F.1) , the term "consulting engi-
neer" is corrected to "Consulting Engineer to the Town."
In discussing Section G. - Access to Lot 7 and 8 from Gate House
Lane, the applicant said he did not understand the need for the
November 13, 1985
restriction in paragraph 2. Discussion followed regarding the
original thinking behind it, and the Board agreed to eliminate this
paragraph altogether.
Discussion pertaining to paragraphs 1. and 3. , G. , clarified that
these paragraphs are necessary in order to assure the Town access
to its own property. The need for this clause also depends on
the details of the Final Site Plan Approval.
With regard to Section H. - Trees, Mr. Mason offered his services
in planning tree removal. "Speaking as a conservationist," he
said, "some larger trees are not as good as the younger ones,"
and added that there was not much understory, that the area has
an "older canopy" and requested that a tree survey be part of the
file. The applicant answered yes, thus concluding discussion on
this section.
Section J. was addressed by the applicant. Discussion resulted
in the elimination of Sections A. and B. , following the reading
and clarification of Town ordinances, which seemed to be reason-
able guidelines. Mrs. Carlson alone remained in favor of a more
restrictive clause. Section C. will remain in the resolution and
states that conditions for final subdivision approval shall in-
clude implementation of the recommendations of Westchester County
Soil and Water Conservation District (letter dated 8/14/85) and
the Westchester Department of Parks and Recreation (letter dated
10/10/85) . It was noted, however, that the Park Department letter
states that this issue is the jurisdiction of this Board. There
was no recommendation.
Brief discussion followed regarding the status of construction on
an extension of Marbourne Drive. A member of the audience clari-
fied that paving is proceeding and illustrated progress, to date,
on the map.
Regarding the Traffic Study, the Chairman stated that it will be
necessary to address the need for appropriate signs at the appro-
priate places upon finalization for the Traffic Commission to
review.
With discussion concluded, the Chairman requested a motion to vote
on the acceptance of the resolution with the changes as stated at
this meeting. Mr. Bliwise moved, Mrs. Mahoney seconded, and the
vote was unanimous to adopt the changes and the resultant resolu-
tion.
The question of what happens next was raised, with Subdivision
Approval and Site Plan Approval both necessary. The applicant
stated that he does not expect to be ready by December 10, due
particularly to arrangements concerning blasting. Since the
paperwork must be submitted 9 to 10 days prior to the next meet-
ing, the Board agreed to tentatively schedule another working
meeting for January and a public hearing for February.
November 13, 1985
COURTHOUSE PROPERTY
The Chairman said that this issue will be dealt with by the Town
Board, which has requested a report on the opinion of this Board.
There are numerous choices as to what to do with the Courthouse
and surrounding property.
Mr. Schramm said he believes the property should remain zoned R15.
He disagreed with a report on the Traffic condition on Weaver Street,
stating that this intersection is the worst in this jurisdiction,
contending that the accident reports bear this out not only for
cars but pedestrian and bicycle traffic, as well. Because of this
traffic situation, Mr. Schramm contends that any increase in resi-
dents would worsen the problem, adding that he believes the land
should be put back on the tax rolls. He had no preference for rent-
ing or selling and advocates Town use only if there is a need. When
questioned about his reasons for maintaining current zoning, Mr.
Schramm stated that Rl5 zoning is one-third of an acre and changing
this would necessitate changing the zoning on "that stretch all the
way down."
It was noted that in this area there are structures that predate
zoning. Mrs. Carlson suggested that the Courthouse should go back
on the tax rolls and the Palmer Avenue frontage should be looked at
for Landmark Classification, saving the Courthouse and rehabilitating
it back to its original use as a private dwelling. She said the
Courthouse is in one of the oldest residential areas in the unincor-
porated areas and, originally, was never considered a permanent loca-
tion for VAC. It is central, but there is a lot of traffic, and she
suggested that behind the firehouse or the parking lot by the sta-
tion would be a better location for VAC.
Mr. Bell said that VAC would then have to go through all the traffic
in town, and it was suggested that there may be a better location for
VAC in the Village, which is also served by VAC. Mrs. Carlson said
that with R15 zoning, VAC would be a serious obstacle for that qual-
ity of development.
Counsel questioned if R15 houses could be sold along the railroad
tracks, and Mr. Schramm said that anything could be sold. No Board
members seemed to feel a strong need for tennis courts and a commun-
ity and/or Art Center. Mrs. Carlson's first preference was for hous-
ing but not necessarily R15 for the back parcel, possibly bringing
in recreational use, and for higher density housing such as Senior
Citizen housing or townhouses, similar to Elkin Park which is not
far away. Cluster housing would make money for the Town which will
be needed for rehabilitation of the Courthouse. Mr. Bliwise pointed
out that the Town could sell the Courthouse as is, possibly with an
historic clause. Counsel confirmed that this option was legally
permissible.
Mr. Bliwise contended that the area should remain residential, main-
taining the character of the area, with either R15 or R75 zoning,
and opposed the use for tennis courts or a recreation center, ques-
November 13, 1985
tioning the need for a recreation or art center. He stated that
moving VAC would be fine if there was another suitable location,
but that keeping VAC there would not destroy the subdivision.
Mrs. Mahoney opposed use of the area for cluster housing, agreeing
that the Courthouse should be maintained and that VAC should stay
since speed is critical for them and their location on Weaver Street
gets them in and out quickly.
Mr. Bell agreed with Mr. Bliwise and Mrs. Mahoney and emphasized
the amount of school traffic. He thought it erroneous to add 25 to
35 more units to that little spot and said low density zoning would
be in keeping with the character of the neighborhood. A recreation
area would be good, but he was not in favor of tennis courts there.
He said the Courthouse should remain as a presence, one way or ano-
ther, and pointed out that financial implications of these proposals
have not been addressed. He said cluster housing would be the most
advantageous option for the Town in terms of finances but the worst
for traffic,and even garden apartments would make more traffic,
with Mrs. Carlson pointing out that the proposal was for garden
apartments, not townhouses.
Mr. Bell noted that if the Town advocates changing zoning on its
own property, this opens the Town up to controversy when private
developers want to do the same in the future.
In answer to a question from Mrs. Carlson, Mr. Schramm stated that
the acreage in the property is 2.5 acres without the Courthouse
property and 3.09 acres with.
The Chairman asked if the report to the Town Board should be indi-
vidual opinions or some sort of consensus. Mr. Schramm summarized
that four members support lower density use, keeping the character
of the area, and all agree on preserving the frontage of the Court-
house. Disagreement concerns the parcel in the back, though resi-
dential use is supported more strongly than any other. Two Board
members felt strongly that VAC should remain but others felt mov-
ing VAC would be acceptable if there is a suitable location, and
the police property was suggested.
Mrs. Carlson mentioned that Police Headquarters was never a house
but the old firehouse, moved from another location, would be hard
to convert, and is condemned. She said it should be sold, but the
lower part is a substandard lot and suggested the Town acquire a
ten-foot strip from an adjacent property in order to make it a
standard lot, enabling the Town to tear down the building and sell
the lot. When asked how much she thought the Town should pay for
such a strip, she responded that she had no idea. As a standard
lot, the value was approximated at $35,000 to $40,000. Another
possibility would be to sell it to a developer as is and let the
developer worry about it.
The Chairman asked the Board if Mrs. Carlson was correct in saying
that the police station could not be remodeled into a one-family
and Mrs. Mahoney agreed.
1/
November 13, 1985
Counsel asked if VAC could go into the old police station on Myrtle,
and Mr. Schramm said it would require a lot of excavation.
The Chairman concluded that he will write a memo incorporating
the opinions expressed and send it to all Board members prior to
submitting it to the Town Board.
SATELLITE EARTH STATIONS
The Chairman noted that either the Planning Board or the Zoning
Board will be addressing this. Counsel added that since this is an
amendment to the Zoning laws, the Town Zoning Code requires that
the Planning Board give the Town Board a report on the proposed
change.
In answer to a question from Mr. Bliwise, Counsel stated that
this was drafted in the office of Counsel to the Town and was
based on Larchmont's amendment, as well as others. The Chairman
asked Counsel if this amendment was meant to be preventive, and
Counsel stated that it certainly limits the places where satel-
lite earth stations can be put. Discussion followed about sizes
and installations.
Mr. Bliwise warned that since this requires special permits, this
Board would get into the same situation as with Auto Spa: when a
special permit exists, the Board almost has to grant it, with lit-
tle authority to do otherwise. Mrs. Carlson said that this should
be an administrative process where residents apply for a permit and
get what they need. Mr. Bliwise contended that if the Board had
the right to actually review it, then it would make sense coming to
the Board members. Counsel noted that since satellite earth sta-
tions relate to interstate commerce, municipalities cannot ban them.
The Chairman asked if inquiries could be made to determine if an
applicant could have a special permit and said that carrying out
the amendment appeared to be administrative. Counsel confirmed
this, saying that the only authority of the Board would be in re-
stricting the types of antennas and such details. Installations
could not be limited to business uses.
The Chairman stated that he believed that variations from the con-
ditions set forth are an issue of the Zoning Board. This issue
does not impact on traffic or environmental issues but solely on
aesthetics whereas the Planning Board is usually concerned with
many factors, the Chairman contended.
Again it was noted that there is little recourse for the Planning
Board; if public hearings and notification of the neighbors are
required, a lot of people would protest, but the Board would not
have the authority to do anything about it.
A fee requirement was suggested, and figures from $200 to $750
were mentioned. It was agreed that a lack of technical information
limited the Board's ability to discuss the issue, but, hopefully,
technology will evolve smaller, unobtrusive discs.
November 13, 1985
Counsel urged the Board to suggest to the Town that before passing
a law they should investigate the technology and determine the
true differences between sizes, etc. , as possibly there is little
need for the larger discs.
The Chairman reminded the Board that the Town Board wants to do
something now, even if it is temporary, so the Board agreed
to allow permits, with a fee of $250 to $500, and concluded that
any variances are a Zoning Board matter.
PLANNING BOARD MEETING, DECEMBER 1985
The Chairman noted that there is a meeting scheduled in December,
but currently there was nothing on the agenda. The Board was told
to expect a letter either cancelling the December meeting or con-
firming the date, with the agenda.
ADJOURNMENT
There being no further business to come before this meeting, it was
adjourned at 11:15 P.M.
C thia F`a cett, Secretary