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HomeMy WebLinkAbout1987_10_14 Planning Board Minutes C MINUTES OF A REGULAR MEETING OF TIIE PLANNING BOARD OF THE TOWN OF MAMARONECK OCTOBER 14, 1987, IN TIIE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Chairman Bell at 8:20 P.M. ROLL CALL Present Sanford A. Bell, Chairman Lester Bliwise Norman L. Cannon Mary R.S. Carlson Patricia Latona Anton Schramm Absent: Gaetano Scutaro 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 Phyllis Wittner, CZMC Joseph Jacoby, Public Stenographer J & L Reporting Service 180 East Post Road White Plains, New York Bonnie M. Burdick, Recording Secretary 1. PUBLIC HEARING - PRELIMINARY SITE PLAN APPROVAL Lipworth/Cohen Schaffer Corner of Doris Road & Fairway Drive Block 333 Parcel 110G Benjamin Schaffer, Architect, appeared in support of the application. He, and some members of the Board, expected that the application would • be for final subdivision approval. However, Mr. Trachtman, had not received the necessary submissions for this application and could not render an opinion. The application entails re-dividng property into the two lots which © appear on the tax map as two entities. Mr. Schaffer, with the Board's guidance decided to postpone a Public Hearing and seek final subdivision approval at the Board meeting on November 11, 1987. October 14, 1987 ***** 2. PUBLIC HEARING - PRELIMINARY SUBDIVISION APPROVAL N.P. Associates, Inc. 1160 Old White Plians Road Block 340 Parcels 160 & 360 On motion by Mrs. Latona, seconded by Mr. Schramm, 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. On motion by Mrs. Latona, seconded by Mrs. Carlson, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is declared closed. The Board summarized its concerns with this application: the means of removal of underground rock, ownership of a lot too small for construction, and drainage. • On motion by Mrs. Latona, seconded by Mr. Cannon, it was unanimously RESOLVED, WHEREAS, N.P. Associates, Inc. has submitted an application for preliminary subdivision approval for a parcel of land located on Old White Plains Road, 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, all correspondence from Town officials, the Consulting Engineer to the Town, and interested residents, and a public hearing having been held on October 14, 1987, and WHEREAS, it appears that the major controversial issues are the mode of e, cavating rock in the bed of Old White Plains Road to make necessary utility hook-ups and the existence of an undersized lot (Lot #6) on the Subdivision Plan, NOW, THEREFORE, BE IT RESOLVED preliminary subdivision approval is hereby granted on the application by N.P• Associates, Inc. , subject to all terms and conditions set forth below: October 14, 1987 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 facilities 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, particularly with respect to"Preliminary Subdivision of Winged Foot Estates, Inc.", last revised September 30, 1987. 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 Baord. 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 Environmental Impact Statement; 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 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 drainage facilities shall be submitted in the application for final subdivision approval or site plan approval on this application. 2) The applicant shall execute a drainage facility maintenance 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- uctober 14, 19 / 3) On lots on which there are swales, retention areas, or drainage facilities, there must be deed restrictions which prevent any construction in retention areas and provided 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 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 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 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 assessment. All such easements and agreements shall be approved by Counsel to the Town as to form. B. Rock Excavation 1) All rock excavation shall be done by mechanical means. If the use of mechanical means is impracticable or causes substantial inconvenience, the applicant may request that the Planning Board permit blasting in aid of rock excavation in lieu of mechanical means. 2) All blasting activities must be in accordance with the Town of Mamaroneck's blasting regulations,and a blasting permit must be obtained for any blasting activities. C. Building envelopes and specific drainage requirements Prior to any construction, specific on-site soil investigations 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 control the ground water (footing drains or foundations/ underdrains for roads) . Recommendations of the Consulting Engineer shall be determinative. -4- October 14, 1987 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 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 plat, the applicant shall submit an improvement plan showing all proposed improvements. This plan shall be in conformity with the requirements of the Department of Highways, Town of Mamaroneck, and shall be approved by the Consulting Engineer, and shall be in accordance with the Preliminary Subdivision Plan by Thomas J. McEvoy and last revised September 30, 1987 and any conditions 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. 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 Consulting 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 notation concerning an irrevocable offer of dedication required by Town Law 278. C. Disposition of Lot No. 6 The applicant understands that the Planning Board is not inclined to approve a sub-division With a sub-standard -c- October 14, 1987 lot, when title to the subdivision is in a corporation. The applicant, the Town, and the Planning Board will endeavor to resolve this problem prior to the final subdivision approval. If the problem cannot be resolved, the Planning Board will impose requirements upon the applicant.relating to the disposition or perpetual maintenance of this parcel, in the discretion of the Planning Board. H. Trees Trees on the site are to be retained in conformance with the Tree Ordinance of the Town of Mamaroneck. . I. Preliminary approval Preliminary approval should be construed as such and not as final approval. J. Coastal Zone Management Recommendations The final subdivision map shall incorporate the recommendations of the Coastal Zone Management Commission. 3. AMENDMENT TO SITE PLAN/SUBDIVISION APPROVAL Presidential Housing Associates 35 North Chatsworth Avenue (Larchmont Apartments) Block 133 Parcels 148 & 299 Stephen V. Altieri, Town Administrator, William Maker, Attorney for 21 North Chatsworth Owners Corp. and Joel Sachs, Attorney for Presidential Housing Associates, Inc. appeared in support of the application. The Town had agreed to sell a 35' by 300' strip of land to 21 North Chatsworth so that the corporation could construct a parking area in a place where informal parking has historically occurred. This parking lot would allow proper access by Town vehicles, particularly the Fire Department's equipment. The application before the Planning Board concerned the sale of an additional piece of land, 6.8' by 300' , which the Town had deeded to Presidential Housing with the understanding that Presidential would grade and maintain the land. This piece of land was part of the previously approved site plan for Presidential Housing. Mr. Maker showed plans for the parking lot to the Board which included the use of railroad ties to shore up a graded slope. The Board, particularly -6- October 14, 1987 Mr. Schramm, felt that the use of such material was inadequate over a long period of time. A stone wall was suggested. For the negotiations to proceed in an orderly manner, Presidential would give up its responsibilities to maintain the land before selling said land to 21 North Chatsworth. Mr. Altieri said that circumstances could occur during the approval process that would cause the land in question to revert to the charge of the Town. Those appearing were pressing for a decision as winter was approaching. Mr. Sachs stated that Presidential wanted to begin grading and site work at that time, and Mr. Altieri was concerned about snow removal. Mr. Maker said that the contractor for the parking lot was ready to do the work. There was much discussion about the necessity for 21 North Chatsworth to apply for site plan approval. Mr. Maker felt that said process was not necessary but agreed to discuss the matter after the meeting with Mr. Hoffman and William E. Jakubowski, Town Building Inspector. The Presidential Housing site plan/subdivision approval process was lengthy,approximately six years, and subject to much attention by neighbors of the apartments, other Town and Village residents, and the, press. Mr. Bliwise noted that the area in question is one that many Town residents pass regularly. For these reasons it was the consensus of the Board that the process for a Public Hearing on a site plan approval for 21 North Chatsworth should by started. Therefore, on motion by Mrs. Carlson, seconded by Mr. Bliwise. by a 5-0-1 vote, Mrs. Latona abstaining, it was RESOLVED, that this Board hereby sets Monday, November 9, 1987, at 8:15 P.M. , as the date and time for a Public Hearing on the 21 North Chatsworth Owners Corp. 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. 4. MODIFICATION OF SUBDIVISION/SITE PLAN APPROVAL Old Road Development Corp. Block 330 Parcel 350 Uz Moller, Nic Panayotou and Ric Guillart appeared in support of the application. Mr. Moller explained to the Board that the corporation wanted to make five changes to the previously approved site plan in order to esthetically improve the overall appearance of the -7- October 14, 1987 subdivision and to give the subdivision a distinctive character. The first request was to construct a stone wall on portions of Lots 5,6,7,8 and 10. Part of the wall would be on the Town right-of-way and over a 45' sewer pipe. Mr. Panatayou contended that the Town could reach obstructions in said pipe from either direction without removing the stone wall. The second request was to construct a 6-foot wooden fence on portions of Lots 1,2,3,4,and 7. The applicants were unaware that such height requires Zoning Board approval and notification of neighbors. The third request was to change wooden guardrails to granite bollards in the turn-around. The fourth request regarded paving surface. The corporation wanted to change the specifications from gravel to asphalt. Mr. Panayotou said that asphalt looks better and is easier and less expensive to maintain. He said that gravel can become rutted and needs to be replaced frequently. Ms. Ng stated that she prefers the use of gravel because it drains better than asphalt. Mr. Trachtman said that Mr. Altieri also favors the use of gravel and offered to review alternate methods , of paving with the applicant. The fifth request concerned street lights. The corporation wanted to install different ones from those originally planned. Mr. Panayotou maintained that the original ones were poorly made. Mr. Trachtman noted that the corporation wanted to make the subdivision look exclusive or have its own identity. He sympathized with the developer's wishes but felt that a hodge podge of styles of fixtures would be used in a relatively small area. The sixth request concerned concerned a small cottage. The corporation would like to retain this cottage and move it to Lot #8 as an accessory building since it fits in architecturally. Mr. Cannon asked whether the pool would be moved, too. Mr. Panayotou answered affirmatively. Mr. Bliwise explained that it was necessary for all of the items to be placed on an agenda for a Public Hearing. He stated that since_the entire property use had been subject to public review any changes shoulc also be subject to such review. He also suggested that Mr. Panayotou discuss with Mr. Trachtman and Mr. Altieri the use of an infiltrating catch basin. -Q- October 14, 1987 On motion by Mr. Schramm, seconded by Mrs. Latona, it was unanimously RESOLVED that the Planning Board is the lead agency and solely responsible for determining whether the proposed application has a significant impact on the environment. Therefore,on motion by Mr. Schramm, seconded by Mrs. Latona, 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. Cannon, seconded by Mrs. Latona, it was unanimously RESOLVED that this Board hereby sets Monday, November 9, 1987, at 8:15 P.M. as the date and time for a Public Hearing on the application of Old Road Development Corporation for a modification of the Final Subdivision/Site Plan Approval;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. NEXT MEETNG The next meeting of the Board is scheduled for November 9, 1987. ADJOURNMENT On motion of Mrs. Latona, seconded by Mr. Cannon, the meeting was adjourned at 11:25 P.M. // 61/X2L /-/. 41, Bonnie M. Burdick -9-