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HomeMy WebLinkAbout1987_11_09 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 9 , 1987, IN THE SENIOR CENTER, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Chairman Bell at 8 :21 P.M. ROLL CALL Present: Sanford A. Bell, Chairman Lester Bliwise Norman L. Cannon Mary R.S. Carlson Patricia Latona Gaetano Scutaro Absent: Anton Schramm Also Present:Lee A. Hoffman, Jr. , Town Attorney Gary B. Trachtman, Town Engineer Stephen V. Altieri, Town Administrator ,Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Joseph Jacoby, Public Stenographer J & L Reporting Service 180 Reporting Service White Plains, New York Bonnie M. Burdick, Recording Secretary 1 . PUBLIC HEARING - FINAL SUBDIVISION APPROVAL Lipworth/Cohen/Schaffer Corner of Doris Road & Fairway Drive Block 333 Parcel 1106 On motion by Mr. Cannon, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Public Stenographer was present for the hearing and his transcript will become a permanent part of the record. A letter from Mr. Trachtman, the Consulting Engineer, will also become a permanent part of the record. On motion by Mr. Cannon, seconded by Mrs. Latona, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is declared closed. It was felt that the application was substantially in compliance with the Board' s final subdivision approval requirements and that the Board' s concerns could be covered by the conditions of the resolution of approval. Therefore , on motion by Mr. Cannon, seconded by Mr. Bliwise, the following resolution was unanimously approved: WHEREAS, the Mssrs. Lipworth, Cohen and Shaffer have submitted application for final subdivision approval for a parcel of land located at Doris Road and Fairway Drive , Town of Mamaroneck, New York; and WHEREAS, the Planning Board has conducted and completed proceedings pursuant to SEQRA; and WHEREAS, the Planning Board has reviewed all submissions by and on behalf of the applicant, and all correspondence from the Consulting Engineer to the Town, and a Public Hearing having been held on November 9 , 1987 ; NOW, THEREFORE, BE IT RESOLVED that final subdivision approval is hereby granfed on the application of Mssrs. Lipworth, Cohen, and Schaffer, to all terms and conditions set forth below: 1 . 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 Environmental Assessment Form; and 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 Enviromental Impact Statement, including all special requirements and modifications set forth herein. 2. The applicant shall submit a detailed erosion control plan in accordance with the "Westchester County Best CManagement Practices Guidelines for Construction Activities" and such erosion control plan shall be approved by the Consulting Engineer to the Town, prior to the issuance of a building permit for the lot denominated No. 23 on the subdivision map. 2 3 . Prior to the issuance of a building permit, 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 towrd designing proper mitigating measures to control the ground water (installing drains for foundations , etc. ) . Recommendations of the Consulting Engineer shall be determinative . 4 . Plans submitted on final approval All improvements shall be in accordance with the plans submitted as part of the application for final subdivision approval , to wit: A. Re-subdivision of Lot No. 23 as shown on map of Section 1 , Prince Willows , dated 11/4/87 prepared by Mr. Gabriel E. Senor, P.E. , L.S. B. Topographic survey part of Lot No. 23 as shown on map of Section 1, Prince Willows , revised 11/4/87 , prepared by Mr. Gabriel E. Senor, P.E. , L.S. 5 . Protection of municipal facilities The applicant shall comply with the requirements of the Town of Mamaroneck Highway Superintendent 'concerning street opening permits for the installation of water and sewer connections. 6 . Corner lot The corner lot within the subdivision shall be graded, constructed and landscaped so as to provide adequate sight distances for motor vehicle traffic and pedestrian traffic. 7. Trees Trees on the site are to be retained in conformance with the tree law of the Town of Mamaroneck. The Shade Tree Commission shall be consulted with respect to the location of driveways and must give approval for the destruction of trees on the building lot, other than those within ten feet of the final structure location. 8. Conformance with Zoning Ordinance The premises which this subdivision affects are in an R-20 zone. All construction requirements on the property shall meet the zoning requirements of the R-20 zone as set forth in the Zoning Code of the Town of Mamaroneck. ***** 3 2 . AMENDMENT TO SITE PLAN APPROVAL Presidential Housing Associates �1 2-7� 35 North Chatsworth Avenue (Larchmont Apartments) Block 133 Parcels 148 & 299 The application had been carried over from the October 14 , 1987 meeting. William Maker, Attorney, appeared in support of this application along with Keith McMillan, Attorney. Prior to the November meeting, Mr. Maker had discussed the situation of whether a site plan approval was needed by 21 North Chatsworth Owners Corp for the proposed parking lot with Mr. Hoffman, Mr. William Jakubowski, Town Building Inspector, and Mr. Trachtman. It was determined that such approval was not necessry. Mr. Maker demonstrated a modified plan for the parking lot and the contract of sale. Plans for the lot were changed. The retaining wall would consist of Wolmanized timber and be topped with plantings of Virginia creeper as grass below the wall would be subject to the hazard of snow removal and its inherent salt. Mr. Scutaro was firm in his objection to the use of wood in the retaining wall estimating that it would, at best, have a life of 30 years. After lengthy discussion, on motion by Mr. Bliwise , seconded by Mr. Cannon, the following resolution was passed, 4 -1- 1 with Mrs. Latona abstaining and Mr. Scutaro opposed: • RESOLVED, that the application of the Town of Mamaroneck, as contract vendee, to modify the site plan approval previously granted Presidential Housing Associates , d/b/a Garfield Housing Corp. , contract vendor, on May 8 , 1985 and modified on October 8 , 1986 is granted in accordance with the following terms and conditions : 1 . This change eliminates the requirement of the site plan approval that Presidential Housing make certain land- scaping improvements across Jefferson Street from the building under construction. 2. The construction of the parking lot and retaining wall shall be in accordance with the plans for a timber retaining wall last revised 10/26/87 by Charles Elfreich (2 sheets) , with the additional conditions that the retaining wall be constructed of Wolmanized wood and be modified by the plantings of Virginia creeper along the top of the wall. If said wall is not constructed by June 1, 1988 ,the Town shall undertake said construction and charge same against 21 North Chatsworth Owners Corp on its next tax assessment. 3 . The three-foot strip between Jefferson Street and the wall shall be leveled to grade and planted with grass seed by 21 North Chatsworth or the Town of Mamaroneck. 4 4 Paragraph 27 in the rider to the contract of sale between the Town of Mamaroneck and 21 North Chatsworth Owners Corp shall be made a deed restriction. 5 . 21 North Chatsworth shall execute an additional agreement with the Town of Mamaroneck for the Town to provide, at its option and without obligation to the Town, emergency maintenance and necessary repair of the retaining wall in the event 21 North Chatsworth or a subsequent owner does not provide such maintenance and repair. This agreement shall provide that such expenses incurred by the Town shall be charged back to 21 North Chatsworth Owners Corp or its successors in interest on the next tax • assessment. The Town shall give 21 North Chatsworth Owners Corp or its successors 30 days' written notice of the need for emergency maintenance or repair prior to the Town providing such emergency maintenance or emergency repair. Any such agreement shall be approved by Counsel to the Town as to form. ***** 3. CONSIDERATION OF AMENDMENT TO FENBROOK SUBDIVISION APPROVAL John Blasi Block 309 Parcel 22 Barry Marcus , 2ttorney, appeared on behalf of Mr. Blasi, a contract vendee of Fenbrook Associates, Inc. Mr. Blasi sought permission to change the sewer easement on his lot to make a more esthetically pleasing house placement. Conditioned upon Planning Board approval , he would buy additional land from his neighbors, the Beringers, and place the proposed house on the plot in a different way than originally designed. There are rock formations on both sides of the plot as currently approved. Mr. Marcus showed plans and demonstrated that there would be very little actual change in the easement. Mr. Maloney, the developer of Fenbrook Estates had countersigned a letter from Mr. Morgenroth, his engineer. Mr. Trachtman speculated that rock formation may cause problems to the owners of Lot 21 when making connection with the sanitary sewer line. Mr. Morgenroth had written such connection would not be a problem. The Board felt that a more formal expression of Mr. Maloney' s consent was necessary. It had no other concerns with this application. On motion by Mr. Scutaro, seconded by Mr. Cannon, it was unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action has a significant impact on the environment. 5 Thereafter, on motion by Mrs. Latona, seconded by Mr. Scutaro it was unanimously RESOLVED, that this is a Type II Action having no significant impact on the environment, as determined by New York State Department of Environmental Conservation or corresponding local law, therefore requiring no further action under SEQR. And, further, on motion by Mr. Scutaro, seconded by Mr. Bliwise , the following Resolution was unanimously adopted: WHEREAS,John Blasi has submitted an application for an amendment to a previously approved subdivision plan to change the location of a sewer easement by purchase of additional land to relocate the placement of the proposed house on Lot No. 22 in the Fenbrook subdivision;and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II Action and that this Planning Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town has made comments and recommendatins regarding this application to the Planning Board; and WHEREAS, th'is Board has determined that the proposed action has no significant impact on the environment; and WHEREAS, due to the full prior submission of this application and the minimal change proposed, the Board determines 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 an amendment to the previously approved Site Plan to relocate the sewer easement area and the placement of the house on the lot be and hereby is granted subject to : The receipt of a letter of consent from the developer of the Fenbrook subdivision, Joseph Maloney. ***** 4 . MODIFICATION OF SUBDIVISION CONDITIONS Marbourne Meadows/Enclave/Saxon Glen Mr. Hoffman announced that this matter was put over to the next meeting of the Planning Board. ***** 6 WORK SESSION - DOHERTY PROPERTY Corner of Dillon Road and Gaillard Place Neither the applicant nor his representative appeared. Mr. Hoffman explained the nature of the appliction. Most of Lot #3 is in the Town of Mamaroneck with the rest of the lot and two others in the City of New Rochelle. Mr. Hoffman said that he believed that a variance from the Zoning Board would be necessary as the lot in the Town is too small. Mrs. Tolley stated that the Emerson Place project, which is near the Doherty property, is on hold with the New Rochelle Planning Board. Emerson Place needs an FEIS statement. Mrs. Tolley also said that the Doherty application should be referred to the CZMC as it may lie in a State Wildlife Habitat. Mrs. Tolley felt that development in the area will have an adverse impact on the Town' s Critical Environmental Area - the Premium Marsh. Mr. Tolley also commented that this application will impact property owners in the area Mrs. Carlson questioned whether the plans allowed for the widening of Dillon Road a project the Town has long wanted to do. ***** APPROVAL OF MINUTES On motion by Mrs. Latona, seconded by Mr. Scutaro and with Mr. Bliwise abstaining-, the minutes for the meeting of September 9 , 1987 were accepted as submitted. On motion by Mr. Bliwise, seconded by Mrs. Latona, the corrected minutes for the meeting of October 14 , 1987 were accepted unanimously. ADJOURNMENT On motion by Mr. Scutaro, seconded by Mrs. Carlson, the meeting was adjourned at 10 P.M. 160//)14:e.j /17 44/s.seZZL Bonnie M. Burdick Recording Secretary 7