Loading...
HomeMy WebLinkAbout1988_10_12 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK _r-_, OCTOBER 12, 1988, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Norman L. Cannon Jerry R. Donatelli Patricia Latona Alan P. Murray James J. Romeo Anton Schramm Also Present: Elaine Price, Town Councilwoman Stephen V. Altieri, Town Administrator Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Shirley Tolley, CZMC Susan Peterson, Public Stenographer 307 Aristotle Drive Maybrook, NY 12543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:19 PM. 1. CONSIDERATION OF PROPOSED RESOLUTION GRANTING SITE PLAN APPROVAL Hory Chevrolet, Inc. 1340 Boston Post Road Block 410 Parcel 268 Thomas Keane, attorney, appeared on behalf of the applicant. The Board asked Mr. Hoffman to make two changes to the proposed resolution. These changes concerned a restriction to display boats only and the ownership of Ferndale Street. On motion of Mr. Murray, seconded by Mr. Romeo, the Board agreed unanimously to accept the proposed resolution with two additional condtions to be supplied by Mr. Hoffman. WHEREAS, Hory Chevrolet, Inc. has requested final approval of a site plan application; and WHEREAS, the Planning Board of the Town of Mamaroneck held a Public Hearing on September 14, 1988; and WHEREAS, SEQR proceedings have previously been completed and this matter has been considered by the Coastal Zone Management Commission; and October 12, 1988 -2- WHEREAS, on October 12, 1988 a motion was made and seconded and adopted that approval be granted to the site plan with modifications and requirements as follows: A. SITE PLAN Entitled: Hory Chevrolet Boston Post Road and Weaver Street Larchmont, New York Dated: 3/4/88 Revised: 5/18/88 and 8/31/88 Stamped received: 9/6/88 Prepared by: Lawrence Gordon and Associates, Architects 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 disclosed 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. There shall be a maximum of eighteen (18) boats in the display area indicated on the site plan. 2. New boats shall be displayed only in the area which is enclosed by the fence shown on the plan. Only new boats shall be displayed in the fenced area. 3. There shall be no servicing of boats on the premises other than to prepare new boats for delivery to purchasers. October 12, 1988 (:: -3- 4. The applicant shall plant shrubs or trees of an evergreen nature on the slope between his property and the "Finast" property if such plantings are feasible. If the applicant determines that it is not feasible to plant trees or shrubs in this area, he shall furnish the Building Inspector with a letter from a nursery or landscape architect to that effect. 5. All lighting on the premises shall be internally erected and shall be in accordance with the site plan, and no bulb for exterior lighting shall exceed 100 watts. 6. The maximum fence height shall be seven (7) feet and there shall be no barbed wire on top of the fence. The plantings along the Boston Post Road shall be three (3) feet in width and four (4) feet high. 7. The applicant shall submit final plans indicating the location of municipal and other utilities and easements within the bed of Ferndale Street. 8. The Building Inspector or the Consulting Engineer shall inspect the oil separators inside the building, and the applicant shall make any necessary adjustments or changes as recommended by the Building Inspector or Consulting Engineer. The determination of the Consulting Engineer or the Building Inspector with respect to minimizing oil pollution from the inside of the building shall be determinative. 9. The applicant shall provide one (1) Mylar reproducible and four (4) sets of drawings showing the "as built" conditions, particularly with references to public utilities in the bed of Ferndale Street, which shall be furnished to the Town. 10. The applicant shall submit new plans showing that the fenced area will go only to the applicant's property line which is apparently the center line of Ferndale Street. If it is later determined that the Town has any ownership interest in the bed of Ferndale Street, the applicant shall be required to negotiate with the Town for the use of the space or, be required by the Town to remove its fence from Town land and place it along the property line of the applicant. 11. The Town of Mamaroneck specifically reserves all rights to construct, maintain and repair any utilities which are located in the bed of Ferndale Street, and the Town shall not be required to restore any fences or other improvements made by the applicant if the improvements are in the easement right-of-way. October 12, 1988 -4- The following notes shall be added to the site improvement plan: All sidewalks, roads and curbs disturbed during construction shall be replaced in accordance with the requirements of the Superintendent of the Town Highway Department and the State Department of Transportation and shall be subject to the approval of both said Superintendent and the Consulting Engineer. 2. CONTINUATION OF ADJOURNED PUBLIC HEARING - FRESHWATER WETLANDS AND WATER COURSES PERMIT Bonnie Briar Country Club Block 225 Parcel 1 On motion of Mrs. Latona, seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Public Hearing be, and hereby is declared re-opened. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion by Mr. Romeo, seconded by Mr. Schramm, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. Trachtman had written the Board concerning this application and had made several suggestions for alternate sites for dumping fill. Mike Medonis, Assistant Head Groundskeeper, represented the Country Club in its application. David Faust, attorney, represented the Bonnie Briar Syndicate - the landlord of the Country Club. He stated that the syndicate had not been consulted in any way concerning the changing of the topography of the land and that it had such a right. George Adler, treasurer of the Country Club, disagreed that the syndicate was entitled to any input. Mr. Medonis stated that he could create use as much as 10,000 square feet of new wetland enlarging a drainage ditch or perhaps making a pond. The Board was open to new wetlands being created but wanted to be sure that the Club consulted with the syndicate and the Consulting Engineer. Therefore, on motion of Mrs. Latona, seconded by Mr. Murray, the Board unanimously adopted the following resolutions: WHEREAS, Bonnie Briar Country Club has applied for a permit pursuant to the Local law 07-1986; and October 12, 1988 -5- WHEREAS, this Board of the Town of Mamaroneck has previously determined that the proposed action is a Type I Action and that said Board has completed proceedings with respect to Environmental Quality Review, and has made a determination of non-significance based upon substantial mitigating factors; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, the Coastal Zone Management Commission has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has found that the proposed activity is incompatible pursuant to 6 NY CPR 665.7 (g) (2) ; and WHEREAS, this Planning Board held a Public Hearing pursuant to notice on October 12, 1988; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The proposed activity is compatible with the public health and welfare, as it will stabilize an existing situation and not result in a net loss of any wetland. 2. The proposed activity is the only practical alternative which could accomplish the objective of stabilizing the fill, and there is no alternative action which may be taken on the site that is not a freshwater wetland or an adjacent area, and the functional equivilent of the wetland will be restored; 3. The proposed activity minimizes the degradation to and loss of any part of the wetland, because of the condition that the applicant at least create an equivilent square footage area of wetland; BE IT FURTHER RESOLVED, that the application of Bonnie Briar Country Club 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; w October 12, 1988 (`✓;' -6- C. The applicant is required to deposit $1000 with the Town Comptroller to ensure satisfactory completion of the proposed project and the rehabilitation of any affected or disturbed areas; D. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 AM and 4:30 PM; E. All work shall be in accordance with the plans submitted by Design Landscape dated October 3, 1988. H. Within nine months of the date of this Resolution, the applicant, the owner of the Country Club, and various Town officials will discuss fully and propose to this Board a site for creation of at least 1500 square feet of new wetland; if such proposal is not set before this Board within nine months of the date of this Resolution, the Board shal consider any and all alternatives, including requiring the applicant to remove the fill from the premises. 3. CONSIDERATION OF APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT - Peter Ciregna 97 Griffen Avenue Block 301 Parcel 922 The Board explained the environmental process to Mr. Ciregna. On motion of Mr. Schramm, seconded by Mr. Donatelli, it was unanimously RESOLVED, that the Planning Board is the Lead Agency in this matter and solely reponsible for determining whether the proposed matter has a significant impact on the environment; and FURTHER RESOLVED, that this matter is a Type I Action with mandatory referral to CZMC. Mr. Ciregna explained that he wanted to level off his property. He would extend an existing stone wall and add fill. Mr. Trachtman had concerns about runoff of water onto Mr. Ciregna's neighbor's property. He suggested that Mr. Ciregna contact him while the CZMC review is in progress. Mr. Ciregna was also advised to contact the Building Inspector concerning the removal of trees. Mr. Schramm reminded the secretary that Scarsdale must be notified when a Public Hearing is held. It was decided that, subject to completing the environmental process, this matter could be put down for a Public Hearing. October 12, 1988 -7- Therefore, on motion of Mr. Romeo, seconded by Mr. Donatelli, it was unanimously RESOLVED, that this Board hereby sets Wednesday, November 9, 1988 at 8:15 P.M. as the date and time for a Public Hearing on the application of Peter Ciregna; 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. 4. PUBLIC HEARING - AMENDMENT TO SITE PLAN APPROVAL Coughlin Realty a/k/a 178 Myrtle Blvd Assocs. 178 Myrtle Blvd Block 133 Parcel 627 On motion of Mr.Schramm, seconded by Mrs. Latona, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this application and her transcript willl become a permanent part of this record. On motion by Mrs. Latona, seconded by Mr. Schramm, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Jack Coughlin and Victor D'Ortona, principals in the company; Henry Meltzer, of Design Partnership; and Mr. Coughlin's son appeared on behalf of the application. Mr. D'Ortona stated that design changes had been made but that the design was basically the same. Because the zoning variances had been granted to a very specific design, approval must be sought for the new design by the Zoning Board. Mrs. Latona and Mr. Romeo stated that they did not want to grant approval of the change conditional upon the approval of the Zoning Board. On motion of Mr. Murray, seconded by Mr. Donatelli, the following resolutions were approved 5 to 2 - Mr. Bell, Mr. Cannon, Mr. Donatelli, Mr. Murray and Mr. Schramm in favor and Mrs. Latona and Mr. Romeo opposed. WHEREAS, Coughlin Realty Corp. has previously been granted site plan approval by the Planning Board of the Town of Mamaroneck on September 9, 1987, and WHEREAS, the applicant has proposed certain changes in the site plan, WHEREAS, a Public Hearing was held by this Board on October 12, 1988, October 12, 1988 -8- NOW, THEREFORE, BE IT RESOLVED, that amended site plan approval is hereby granted for the application submitted by Coughlin Realty Corp. , Inc. subject to all terms and conditions set forth herein: 1. All terms and conditions of the Site Plan Approval dated September 9, 1987 shall remain in full force and effect, except as specifically amended by the application to amend the site plan; 2. The amendments shall be in accordance with Site Plan P-1 prepared by Design Partnership P.C. and dated 9-8-88, landscape plan P-2, prepared Design Partnership and dated 9-8-88, First Floor Plan Page P-4 prepared by Design Partnership and dated 9-8-88, Drawing SP-1 preapared by Design Partnership and dated 9-8-88 and Schematic Elevation and Cross-section, unnumbered, prepared by Design Partnership and dated 9-28-88. 3. This approval is expressly conditioned upon and subject to the approval of these amendments to the site plan by the Zoning Board of Appeals of the Town of Mamaroneck. 5. PUBLIC HEARING - MASTER PLAN UPDATE PHASE I AND PHASE II OF THE TOWN OF MAMARONECK AND 7. POSSIBLE CONSIDERATION OF REZONING APPLICATION - GEORGE HOFFMANN Byron Place Block 132 Parcel 410 These items were discussed together as the Town Board had referred the Hoffmann application to the Planning Board and the zoning districts were part of Phase I of the Master Plan Update. Mr. Bell stated that a full enviromental impact statement was needed before the Board could consider the Master Plan in full. Mr. Hoffman, Counsel to the Board, stated that the Town was preparing a generic one. Therefore, the Public Hearing will be held over until the next meeting. William Maker, attorney, appeared with Charles and Paul Hoffmann. He stated that the applicant was actually Byron Place Associates. The applicant was requesting that zoning be changed on Byron Place to LI - light industry - from B - business. The applicants had attempted to build an office building but the Zoning Board's restrictions had made such a building too expensive to build. Should the LI be granted, the applicant would build a warehouse with storage below and offices above. October 12, 1988 -9- The Board was reluctant to act on this application without more detailed drawings and before it had decided about the Master Plan Update Phase I. Mr. Maker stated that the applicant would withdraw its application and come back at a later time. Mr. Hoffman, Counsel to the Board, asked Mr. Maker to confirm this decision in writing to the Town Board. 6. CONTINUATION OF ADJOURNED PUBLIC HEARING - FINAL SUBDIVISION APPROVAL John W. Kluge Beach Road, Premium Point Block 132 Parcel 410 Geoffrey Young, attorney, appeared on behalf of the applicant. The County Health Department had recommended that the site could contain a four bedroom house. Mr. Young submitted a letter from the Department to that effect. On motion of Mr. Romeo, seconded by Mrs. Latona, the Board unanimously approved the granting of final subdivision approval to this application. And, further, on motion of Mr. Cannon, seconded by Mr. Murray, the Board unanimoulsy directed Counsel to prepare resolutions expressing its approval. WHEREAS, John W. Kluge has applied for subdivision approval of certain premises on Premium Point in the Town of Mamaroneck, and WHEREAS, the Zoning Board of Appeals of the Town of Mamaroneck has previously approved this subdivision containing a substandard lot, and WHEREAS, the Zoning Board of Appeals of the Town of Mamaroneck has previously conducted proceedings pursuant to SEQR and the Town of Mamaroneck Freshwater Wetlands Law, and has granted approval, subject to the approval of this Board, and WHEREAS, the applicant has received necessary approval pursuant to Section 280-a of the Town Law of the State of New York for this subdivision, and WHEREAS, this Planning Board of the Town of Mamaroneck held a Public Hearing on this application on October 12, 1988, 'at which time all submissions, including a letter from the Westchester County Department of Health relating to the septic capacity of the premises was submitted for the record, and WHEREAS, on October 12, 1988 a motion was made and seconded and adopted that the final subdivision application, as set forth in a map entitled "Minor Subdivision Map" prepared for John W. Kluge by Aristotle Bournazos, dated August 30, 1988, is approved subject to the following terms and conditions: October 12, 1988 -10- 1. The requirements set forth in a letter from the Westchester County Department of Health addressed to Edward J. Hanington dated October 12, 1988 are hereby made express conditions of this subdivision approval. 2. Before any construction is commenced on the new lot created by this subdivision, all additional necessary approvals must be obtained from the Town of Mamaroneck and any other municipal authorities having jurisdiction. 8. DISCUSSION OF COUNTRY CLUB LAND STUDY The Board discussed the study and Mr. Donatelli's memo on the subject. On motion of Mr. Bell, seconded by Mr. Cannon, the following recommendations were to be forwarded to the Town Board: 1. Everything should be done to strive to retain the golf course as a golf course. 2. Everything should be done to strive to retain the golf course as open space. 3. The Planning Board should be given the option to create cluster zoning. 4. The Town Board should consider designating the golf courses as R-50 Zone Districts. 5. The Town Board should consider making this type of zoning designation apply to remaining parcels of land under 50 acres. 6. In general, the Planning Board is in agreement with the concept of the amendment proposed in the report. 9. DISCUSSION OF REZONING OF ROCK RIDGE ROAD Rock Ridge Road had mistakenly been rezoned from R-7.5 to R-30 at the time of the LWRP's study. The Town Board had referred a request to the Planning Board to change the zoning back to R-7.5. On motion of Mr. Romeo, seconded by Mrs. Latona, the Board unanimously approved making the following recommendation to the Town Board: The zoning on Rock Ridge Road should be changed from R-30 to R-7.5 in those areas designated by the Coastal Zone Management Commission in its letter of September 2, 1988. The areas not mentioned in said letter should be retained as R-30. APPROVAL OF MINUTES On motion of Mr. Schramm, seconded by Mr. Cannon, the corrected minutes were unanimously approved. October 12, 1988 -11- ADJOURNMENT On motion of Mr. Murray, seconded by Mr. Schramm, the meeting was adjourned at 11;44 PM. 47Avst.t.i, 64„t.ioce,Z Bonnie M. Burdick Recording Secretary