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HomeMy WebLinkAbout1986_10_08 Planning Board Minutes MINUI'E,S OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK OCTOBER 8, 1986, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The Chairman called the meeting to order at 8:15 P.M. ROLL CALL Present: Sanford A. Bell, Chairman Anton Schramm Gaetano Scutaro Lester M. Bliwise Patricia Latona Norman L. Cannon Absent: Mary Carlson Also Present: Lee A. Hoffman, Jr. , Town Attorney Gary B. Trachtman, Town Engineer Stephen V. Altieri, Town Administrator Jean A. Marra, Recording Secretary SCHEDULING The Chairman stated that the next meeting of the Planning Board will be held on November 12, 1986. APPROVAL OF MINUTES The Minutes of September 10, 1986 were presented and, on motion of Mr. Schramm, seconded by Mr. Bliwise, were unanimously approved by the Board. October 8, 1986 At this time, the order of the agenda was changed, and the second application was heard first. 2. APPLICATION - FRESHWATER WETLANDS & WATER COURSES PERMIT MR. & MRS. J. YASGUR 7 DEERFIELD LAND BLOCK 325, PARCEL 92 Mr. J. Yasgur presented his application for a three-car garage and submitted a certified copy of the architectural drawings previously submitted to the Board. Mr. Trachtman had some question as to the high water mark as that could not be determined by the plans submitted and then requested James G. Davis Associates to provide that infor- mation. An attorney from the law firm of Gioffre & Gioffre stated that the information would be submitted as soon as possible. There be no further questions or comments from the Board, Mr. Schramm moved that this be considered a Type II Action requiring no further environmental review and that the Planning Board be designated at the lead agency. Mr. Scutaro seconded the motion and it was unanimously approved by the Board. After further discussion, on motion by Mr. Schramm, seconded by Mr. Scutaro, the Board unanimously adopted the following resolution: WHEREAS, Mr. & Mrs. J. Yasgur have applied for a permit pursuant to Local Law #7 of 1986; 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 Environ- mental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and - 2 - October 8, 1986 WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 88-6 (D) , that the activity proposed is of such a minor nature and is compatible pursuant to 6 NYCRR 665.7; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alterna- tive, and (C) is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; 3. The proposed activity will result in no more than insubstantial degradation to, or loss of, any part of the wetland, because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law #7 of 1986 be, and hereby is, dispensed with; and BE IT FURTHER RESOLVED, that the application of Mr. & Mrs. J. Yasgur for a permit, pursuant to Local Law #7 of 1986, be, and it hereby is, granted subject to the following terms and conditions: - 3 - October 8, 1986 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; c. The applicant is required to deposit $500 with the Town Comptroller to ensure satisfactory completion of the proposed project and the rehabilitation of any effected or disturbed areas; d. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 A.M. and 4:30 P.M.; e. The recommendations regarding technical aspects are hereby made conditions of this permit, to wit: (1) Certified plans being furnished by the surveyor to the Consulting Engineer indicating that proposal is not within 35 feet of the high water mark; (2) Compliance with Erosion Control Plans being submitted by the Applicants and approval of said plans by the Consulting Engineer; (3) Providing hay bales at the locations to be shown on the Temporary Protective Barrier Plan to be received by the Consulting Engineer and in accordance with the specifications of the Westchester Best Management Practices Guidelines for Construction Related Activities. * * * * 3. APPLICATION - FRESHWATER WETLANDS & WATER COURSES PERMIT DRS. M.I. and N. MICLAT 1 WINDING BROOK DRIVE BLOCK 226, PARCEL 1 Drs. M.I. and N. Miclat, together with their engineer, Mr. Bill Widulski, presented the application for the addition of a master bedroom. - 4 - October 8, 1986 After further discussion, Mr. Schramm moved that this be considered a Type II Action and that the Planning Board be designated as the Lead Agency. Mr. Bliwise seconded the motion and it was unanimously approved by the Board. Thereafter, on motion by Mr. Schramm, seconded by Mr. Scutaro, the Board unanimously adopted the following resolution: WHEREAS, Drs. M.I. & N. Miclat have applied for a permit pursuant to Local Law #7 of 1986; 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 Environ- mental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 88-6 (D) , that the activity proposed is of such a minor nature and is compatible pursuant to 6 NYCRR 665.7; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alterna- tive, and (C) is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; - 5 - October 8, 1986 3. The proposed activity will result in no more than insubstantial degradation to, or loss of, any part of the wetland, because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be collvatible with the public health and welfare, because of its minor impact in the controlled area; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law #7 of 1986 be, and hereby is, dispensed with; and BE IT FURTHER RESOLVED, that the application of Drs. M.I. & N. Miclat 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; c. The applicant is required to deposit $500 with the Town Comptroller to ensure satisfactory completion of the proposed project and the rehabilitation of any effected or disturbed areas; d. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 A.M. and 4:30 P.M.; - 6 - October 8, 1986 e. The recommendations regarding technical aspects are hereby made conditions of this permit, to wit: (1) Compliance with Erosion Control Plans being sub- mitted by the applicants and approval of said plans by the Consulting Engineer; (2) Providing hay bales at the locations shown on the Temporary Protective Barrier Plan received by the Consulting Engineer and in accordance with the specifications of the Westchester Best Management Practices Guidelines for Construction Related Activities. * * * * * At this time, Mr. Bell suggested that the following procedures be adopted by the Planning Board: INFORMATION SHEET APPLICATIONS FOR SUBDIVISIONS, SPECIAL PERMITS AND/OR SITE PLAN APPROVAL This Information Sheet is intended to assist applicants in obtaining Site Plan, Subdivision and/or Special Permit Approval from the Town of Mamaroneck Planning Board. Upon request, you will be provided with a copy of: 1. An Application Form; 2. A copy of the applicable Local Law (which sets forth the Requirements for the Application and Procedures); 3. An Environmental Assessment Form - (long form) . The Permit application process requires at least one appearance before the Town of Mamaroneck Planning Board. The Planning Board usually meets the 2nd Wednesday of the month and is only able to consider a limited number of applications at each meeting. Therefore, applications for Subdivisions, Site Plan Approvals and/or Special Permits will be scheduled on a first-come, first-serve basis. - 7 - October 8, 1986 In order to be placed on the agenda, fifteen (15) copies of a completed application must be submitted AT LEAST fifteen (15) days PRIOR to the next scheduled Planning Board meeting and the application must be accepted as COMPLETE. A completed application includes: The Application Form; an Environmental Assessment Form (long form); and the maps and plans required by the applicable Local Law. In addition, all appropriate fees must be paid before an application is considered complete. ALL DOCUMENTS SHALL BE FOLDED TO A SIZE OF NO MORE THAN 8" X 12" DOCUMENTS NOT COMPLYING WITH THIS SIZE REQUIREMENT WILL BE REJECTED IMMEDIATELY! If you are unable to appear at the scheduled meeting, please contact the Planning Board Secretary so that another item may be placed on the agenda. Please note that the Applicant assumes responsibility for the completeness of all applications and the conformance of submitted documents with the requirements of the applicable Local Laws of the Town of Mamaroneck. 4. APPLICATION - FRESHWATER WETLANDS & WATER COURSES PERMIT IRVING RAKOFF/STEVE RAKOFF HILLTOP ROAD BLOCK 228, PARCELS 139/144 Steven Rakoff and Irving Rakoff presented the application and stated that they plan on building two new homes but that only one is effected by Local Local #7. Mr. Steve Rakoff then submitted a new set of signed and sealed plans. Ms. Latona inquired if Mr. Rakoff was aware of the fact that the proposed house was in a flood plain elevation to which Mr. Trachtman stated that the 100 year flood plain elevation for that location was approximately 74' and the uphill side was 76' . - 8 - October 8, 1986 After further discussion, Mr. Bliwise moved that this be considered a Type II Action requiring no further environ- mental review and that the Planning Board be designated as the Lead Agency. Ms. Latona seconded the motion and it was unanimously approved by the Board. At this time, on motion by Mr. Scutaro, seconded by Mr. Cannon, the Board unanimously adopted the following resolution: WHEREAS, Steve Rakoff and Irving Rakoff have applied for a permit pursuant to Local Law #7 of 1986; 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 Environ- mental Quality Review; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7, Section 88-6 (D) , that the activity proposed is of such a minor nature and is compatible pursuant to 6 NYCRR 665.7; NOW, THEREFORE, BE IT RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to effect or endanger the balance of systems in a controlled area; 2. The proposed activity will be compatible with the preservation, protection and conservation of the wetland and its benefits, because (A) the proposed activity will have only a minor impact, (B) it is the only practical alterna- tive, and (C) is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; - 9 - -44 October 8, 1986 3. The proposed activity will result in no more than insubstantial degradation to, or loss of, any part of the wetland, because of the minor impact of the activity and the protective conditions imposed by this resolution; 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law #7 of 1986 be, and hereby is, dispensed with; and BE IT FURTHER RESOLVED, that the application of Steve Rakoff and Irving Rakoff 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; c. The applicant is required to deposit $1,000 with the Town Comptroller to ensure satisfactory completion of the proposed project and the rehabilitation of any effected or disturbed areas; d. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 A.M. and 4:30 P.M.; - 10 - October 8, 1986 e. The recommendations of the Consulting Engineer to the Town regarding technical aspects, as set forth in his letter to the Planning Board, dated October 3, 1986, are hereby made conditions of this permit, to wit: (1) The applicant will provide hay bales at the locations shown on the Temporary Protective Barrier Plan received by the Board on October 8, 1986 in accordance with the specifications of the Westchester Best Management Practices Guidelines for Construction Related Activities; (2) A gravel construction entrance to the job site shall be installed of the approximate dimensions of 15' in width and 25' in length of a minimum of 2" in depth; (3) Excavation materials will be placed on the easterly portion of Lot #4; and (4) Construction shall be done at the location shown on submitted plans. * * * * * 1. RESOLUTION FOR FINAL SUBDIVISION AND SITE PLAN APPROVAL OLD ROAD DEVELOPMENT CORP. (Z elnick Property) Mr. Hoffman presented a proposed Site Plan Approval Resolution regarding the Old Road Development Corp. and on motion by Mr. Schramm, seconded by Mr. Bliwise, the Board unanimously adopted the following resolution: SITE PLAN APPROVAL RESOLUTION OLD ROAD DEVELOPMENT CORP. WHEREAS, Old Road Development Corp. has submitted an application for Site Plan Approval, simultaneously with an application for Final Subdivision Approval, for property located on Old White Plains Road, Town of Mamaroneck, and - 11 - October 8, 1986 WHEREAS, a public hearing was held on Site Plan Approval on September 9, 1986, and WHEREAS, the Site Plan application is in conformity with the requirements of the Site Plan Review Law of the Town of Mamaroneck. NOW, THEREFORE, BE IT RESOLVED, that the application of Old Road Development Corp. be, and it hereby is, granted subject to the following terms and conditions: 1. Site Plan Approval is subject to the terms and conditions of Final Sub- division Approval granted to the applicant simultaneously herewith. Mr. Hoffman then presented the proposed Final Subdivision Approval Resolution for Old Road Development Corp. and he, Mr. John Seligman and Mr. Trachtman made some changes and modifications. Thereafter, on motion by Mr. Schramm, seconded by Mr. Bliwise, the Board unanimously adopted the following resolution: FINAL SUBDIVISION APPROVAL RESOLITTION OLD ROAD DEVELOPMENT COMPANY WHEREAS, Old Road Development Corp., general partner of Old Road Development Company, has previously been granted preliminary subdivision approval by this Planning Board by resolution adopted November 13, 1985; and WHEREAS, the applicant has complied with all conditions of preliminary subdivision approval; and WHEREAS, the applicant has submitted an application for final subdivision approval in proper form, and complying with all requirements of the Town, other municipal agencies, the comments of the Consulting Engineer to the Town and this Planning Board; and - 12 - October 8, 1986 WHEREAS, the Board held a public hearing on the application for final subdivision approval on September 9, 1986; WHEREAS, for reasons of topography, shape and dimension of the area to be subdivided, this Board finds that permitting Lots 2, 7, 8, 9, 10, and 11 to have less than the required one hundred (100) foot width and street line frontage will permit a better subdivision layout; NOW, THEREFORE, BE IT RESOLVED, that final subdivision approval is hereby granted to Old Road Development Company, pursuant to its application and subject to all terms and conditions set forth below: 1. General Requirements All public street 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 approved plan, particularly with respect to drawings SD-1 to SD-13, dated July 23, 1986 and August 27, 1986, prepared by Raymond Keyes Associates, as submitted by the applicant. All easements and other deed restrictions which are imposed as conditions of this 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 Board. 2. Compliance with SEORA 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 - 13 - October 8, 1986 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. On Lots 1, 2, 4, 9, 10 and 11, on which there are swales, or drainage facilities, there must be deed restrictions which prohibit construction and/or planting over pipes and in swales and provide that the owners must maintain the grades within swales. 2. On Lots 2 and 4, 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. 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 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. - 14 - October 8, 1986 B. Blasting: 1. Blasting may be conducted during construction provided that appropriate precautions are taken and monitoring of all blasts is performed as described in the submitted detailed plan for blast- ing. Requirements and procedures are the responsibility of the applicant and the applicant's blasting contractor. 2. 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. 3. No blasting may be conducted without first obtaining a permit from the Town Building Department, including but not limited to obtaining necessary liability insurance. 4. To the fullest extent permitted by law, applicant shall hold harmless and indemnify the Town, elected or appointed officials, employees, agents, and the Consulting Engineer from and against all claims, losses, damages and expenses, direct, or indirect or inconsequential (including but not limited to fees and charges of attorney and other professionals and court and arbitration costs) arising out of or resulting from the blasting performed by the applicant, its employees, contractors or agents. - 15 - October 8, 1986 5. Applicant shall purchase liability insurance, including contractual endorsement of the indemnification agreement contained in No. 4 above, in reasonable amounts and coverage specified by the Town's insurance advisor, which insurance policies shall name as Additional Insureds: the Town, elected or appointed officials, employees, agents, and the Consulting Engineer. C. Building Envelopes and Specific Drainage Requirements: 1. Prior to any construction, specific on-site soil investigations shall be conducted on each lot and in the area of the proposed driveways. The findings shall be discussed with the Consulting Engineer with a view toward designing proper mitigating measures to control the ground water (footing drains for foundations/underdrains for roads) . Recommendations of the Consulting Engineer shall be determinative. D. Erosion and Sedimentation Control During Construction: 1. Erosion and sedimentation control plans shall be based upon the standards presented in the Westchester County Best Management Practices Manual for Construction Related Activities, and as set forth on drawing SE-1, dated August 27, 1986, prepared by Raymond Keyes Associates. 2. The control plan shall include a construction timetable and an inspection schedule. 3. Specific erosion control and grading plans for each lot must be approved by the Consulting Engineer prior to the granting of individual building permits. Erosion control measures must be installed as soon as practicable on individual lots prior to excavation of foundations. - 16 - October 8, 1986 E. Performance Bonds - Letter of Credit: 1. Prior to issuance of any building permits, or the commencement of any construction activities, a performance bond and/or an irrevocable letter of credit in the total amount of $325,000 shall be filed. Any performance bond shall not exceed the amount of $243,750 and the balance must be secured by a letter of credit. After all water mains, sanitary sewers and storm drainage facilities are completed in accordance with approved plans, $237,500 shall be released. After the base and binder courses of the roadways are completed in accordance with the approved plans, an additional $55,000 shall be released. The retainage amount of $32,500 in the form of an irrevocable letter of credit, shall not be released for three (3) years after submission of the letter of credit or two (2) years after completion of the topping course of the roadways, whichever first occurs. The bond and/or letter of credit shall have a term of one (1) year with provisions for automatic renewal for up to three (3) years. The bond and/or letter of credit shall contain a provision for sixty (60) days notice of non-renewal. 2. The final subdivision plat shall contain the notation concerning an irrevocable offer of dedication required by Town Law 278. 3. No certificate of occupancy for any residence shall be issued until all water mains, sanitary sewers, storm drains and other utilities, and the base and binder pavement course of the roadway are complete in accordance with the approved plans and so certified by the applicant's engineer to the satisfaction of the Consulting Engineer. - 17 - October 8, 1986 F. Trees: 1. Pursuant to Section 76-A-2 (B) of the Tree Preservation Law of the Town of Mamaroneck, this Planning Board specifically finds that any trees located in the roadways and utility easements of the proposed subdivision may be removed without further consideration. 2. With respect to construction of residences, driveways, etc. on individual lots, the Tree Preservation Law of the Town of Mamaroneck must be complied with before a building permit is issued. G. Westchester County Park Recommendations: 1. The park/subdivision boundary shall be clearly identified and staked out prior to any construction on the site and shall be verified by field inspection. In addition, all individuals and entities doing construction 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 of procedures in Best Management Practices Manual of Westchester County during all phases of construction, and this require- ment 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. - 18 - October 8, 1986 2. No construction or building shall occur within thirty (30) feet of the boundary of Saxon Woods Park without express written consent from the Westchester County Park Commission or the Westchester County Department of Parks, Recreation and Conservation. H. Required Documents and Inspections: 1. The applicant shall provide ten (10) sets of approved drawings to the Town and one (1) set to the office of the Consulting Engineer for the Town. 2. The applicant shall provide inspection of the roadways and on-site utilities (including the sanitary sewer to be installed in Marbourne Drive) by a licensed professional engineer. The licensed professional engineer shall certify to the Town and to the Consulting Engineer for the Town, that the roadway and utilities have been installed in compliance with the approved plans and specifications. 3. The applicant shall submit to the Town, one (1) Mylar reproducible and four (4) copies showing the "as built" conditions for the roadway and utilities prior to the granting of a certificate of occupancy for any residence. This "as built" reproducible shall be certified by a licensed professional engineer. 4. The site layout plan (SD-2) shall contain a note indicating that the Planning Board has modified the minimum lot width and street lines frontage requirements for Lots 2, 7, 8, 9, 10, and 1].. - 19 - October 8, 1986 5. The applicant shall obtain approval from the Westchester County Health Dept. for all public water supply facilities and public sanitary sewer facilities, to serve all structures intended for human occupancy, constructed in said sub- division. 6. The applicant shall obtain approval from the Westchester Joint Water Works and from the Town Board of the Town of Mamaroneck for construction of the water mains as shown on the construction drawings and that an amount sufficient to cover the installation of said water lines and appurtenances, as estimated by the manager of said Water Works, be deposited with said Water Works. 7. All installations of public facilities and public improvements shall be under the observation of an inspector duly appointed by the Town; the cost of which shall be paid by the applicant to the Town. I. Street Improvements: The applicant shall install all street improvements in accordance with the plans filed with this application and in accordance with the standards and specifications and procedure acceptable to the appropriate Town Departments and any revisions which are noted on the filed plans. J. Formal Offers of Deeds: 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 Counsel to the Town and shall be held by said Counsel until such streets are formally accepted by the Town Board, provided that such delivery of any offers or deeds shall - 20 - October 8, 1986 not constitute an acceptance by the Town of the dedication of any such street, highway, easements or public places, or waive the payment of necessary title charges and recording fees, but that such acceptance shall be based solely on the adoption of a resolution by the Town Board. * * * * * 5. PRE-SUBMISSION CONFERENCE - PRELIMINARY SUBDIVISION SALEM DRIVE and BOULDER CIRCLE Robert N. Armour William Maker, the applicant's attorney; William Morgenroth, the applicant's engineer and Mr. Robert Armour, the applicant, presented the application requesting the subdivision of 3.5+ acres into three lots. Mr. Maker stated that the property is in an R-20 zoning classification but that they planned on keeping it com- patible with the R-30 zoning of the Fenbrook Subdivision which it borders. Mr. Morgenroth offered that the houses will ring the cul-de- sac thus improving privacy and a common driveway would eliminate unnecessary paving. Mr. Trachtman inquired if there were any encumbrances on Lot #3 in Fenbrook to which Mr. Morgenroth replied that there were no problems which would impact any drainage easements. Also, that there were no restrictions or limitations on any property in the Fenbrook subdivision. Mr. Morgenroth then explained that the proposed subdivision would provide a larger building envelope for the properties being discussed. Mr. Schramm stated that that particular cul-de-sac would present a slight problem and that he had some reservation concerning the properties being split once again. - 21 - October 8, 1986 Mr. Maker explained that this was not the typical flag lot situation with houses being behind one another. He con- tinued that the "trade-off" was that there would be a better shaped building lot for Lot #3 as well as for Fenbrook because, with the new configuation, there would be more distance between the homes and the common driveway would eliminate the concerns of having three driveways in the small cul-de-sac area. Mr. Morgenroth added that the proposed subdivision would also eliminate any further subdivision of Mr. Armour's property. Chairman Bell stated that flag lots and common driveways were things to be avoided if at all possible. Ms. Latona questioned the possibility of establishing a driveway from Salem Drive instead of the cul-de-sac, to which Mr. Morgenroth replied that they felt the least impact would be achieved the way it was proposed otherwise two homes would face one way and the other would be backwards. At this time, Mr. Schramm moved that the Planning Board be designated as the Lead Agency. Mr. Bliwise seconded the motion and it was unanimously adopted by the Board. Mr. Maker then requested the Board to designate this appli- cation as an "Unlisted Action" to which Attorney Hoffman stated that other issues, such as road placement, retention of storm water drainage and air quality, etc. would have to be checked further and Chairman Bell added that this could not be determined without further information. Chairman Bell then summarized the concerns of the Board members and stated as follows: 1. Drainage 2. Blasting 3. Further splitting of the property 4. Alternate plans being provided 5. Type I Action possibility 6. Allow time for Mr. Trachtman to review documents. - 22 - October 8, 1986 The applicant and his attorney then thanked the Board members for their input. * * * * * 6. APPLICATION FOR FRESHWATER WETLANDS PERMIT - Town of Mamaroneck Town Administrator, Stephen V. Altieri, presented the Town's application to run three utility lines stemming from the new Fenbrook subdivision. He stated that the sewer line would run from Fenbrook through Kolbert Drive in order to avoid having to pump it and added that the developer would be doing tbewater main. Mr. Altieri further stated that for a project of this scope, the Town had to bid it and that the sewer contractor would be responsible for restoration of the site. Chairman Bell requested counsel to prepare the necessary resolution and the matter was temporarily adjourned. * * * * * 8. APPLICATION FOR FLOOD PLAIN PERMIT - Mr. John Kluge - PREMIUM POINT Geoffrey Young, Esa. , of Seacord, Young & Young, 277 North Avenue, New Rochelle, appeared on behalf of the applicant and submitted a completed Environmental Assessment Form together with explanatory statements from Hanington Engineering Consultants of New York City. After further questions regarding the EAF form, and answers from Mr. Ed Hanington, Mr. Schramm moved that this appli- cation required no further Environmental Impact Study. Ms. Latona seconded the motion and it was unanimously approved by the Board. Mr. Scutaro stated that if a new home were being built, it would not be allowed and that this was an extremely large addition and it should be above the 100 year storm line. - 23 - October 8, 1986 Mr. Bliwise stated that the circumstances are such that this warranted a hardship and that hardship was not solely a question of dollars. Mr. Schramm stated that he was in agreement with Mr. Bliwise and he brought out the fact that the previous plans had called for a basement but that the revised plans eliminated a basement. Mr. Cannon stated that he was in favor of the application. Mr. Scutaro stated that he felt that there was no reason to grant the application. Chairman Bell stated that hardship may differ from community to community but that this would be a hardship if a variance were not granted for such a small deviation from the flood plain elevation. He added that the plan was in accordance with the existing house and no damage to the applicant or others in the area would be incurred by the granting of a variance. Mr. Bell further stated that this matter had been referred to the Coastal Zone Management Commission for their review and their opinion was that the application was compatible to the Local Waterfront Revitalization Program. Thereafter, on motion by Mr. Bliwise, seconded by Mr. Cannon, with Ms. Latona and Mr. Scutaro voting nay, the Board adopted the following resolution: WHEREAS, Mr. John Kluge has submitted an application pursuant to Section 28-12 et sic of the Code of the Town of Mamaroneck; and WHEREAS, the applicant or his representative has appeared before this Planning Board on July 9, 1986; and WHEREAS, this Planning Board has previously declared itself the Lead Agency and determined that this proposed project is a Type I Action for SDQRA purposes; and - 24 - October 8, 1986 WHEREAS, this matter has been referred to the Coastal Zone Management Commission and the Coastal Zone Management Commission has issued a written opinion indicating that said Commission takes no position on the granting or denial of this application; and WHEREAS, after review of the submissions of the applicant, including a long form Environmental Assessment Form, and addenda thereto, this Board has determined that the proposed action will not have a significant impact on the environment, NOW, THEREFORE, BE IT RESOLVED, that the Secretary to the Board be and hereby is directed to promulgate proper notices of negative declaration pursuant to state and local SEQRA laws and regulations; and BE IT FURTHER RESOLVED, that this Board makes findings of fact as follows: 1. The proposed project replaces a previous condition of two separate single-family homes and combines two conforming building lots into one with a single structure thereon, thus resulting in a decrease in density; and 2. The first floor level of the applicant's existing home, built in 1928, is below the 100 year flood plain level; and 3. The topography of the applicant's entire property lies below the 100 year floor plain level, with the exception of one small portion; and 4. The adjacent home, which was purchased and razed by the applicant to make room for the proposed addition, existed with a basement and first floor level farther below the 100 year flood plain level than the applicant's existing home and proposed addition thereto; and 5. The elevation of the proposed addition does not pose additional danger associatd with wave action or tidal flooding to the subject property or surrounding properties; and - 25 - -14 October 8, 1986 6. The proposed site is upland zone and not wetlands; and 7. By using less land for the project than would have been used if separate homes were built on each of the conforming lots, both the owner and the public benefit from the resulting openness of the land; and 8. It is impossible for the proposed project to comply with the flood plain elevation requirements and, at the same time, be compatible with the architectural design and structure of a home which was built in 1928; 9. The unique location of the proposed action, with visual impact upon both Long Island Sound and the shore, substantially increases the need that the architecture be conforming; and BE IT FURTHER RESOLVED, that 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 BE IT FURTHER RESOLVED, that 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 modifi- cations set forth herein; and BE IT FURTHER RESOLVED, that this Board grants the requested variance and determines that the applicant has shown good and sufficient cause. NOVI, THEREFORE, IT BE - 26 - -4111 October 8, 1986 RESOLVED, that after considering the foregoing factors, hearing presentations by the applicant, and reviewing all filed documents, this Board hereby grants the requested variance in that the applicant has shown good and sufficient cause; has demonstrated that failure to grant the variance would result in exceptional hardship to the applicant; and has demonstrated that the granting of a variance would not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in, or in conflict with, existing local laws or ordinances of the Town of Mamaroneck. * * * * * 7. GARFIFT,n HOUSING CORP. AMENDMENT TO FINAL SITE PLAN RESOLUTION Joel Sachs, Esq. of the law firm of Plunkett & Jaffe, One North Broadway, White Plains, stated that Final Site Plan Approval was obtained from the Planning Board in May of 1985 and that they are now requesting permission to add fifty-five underground parking spaces. After explaining the proposed minor change to the plans, Mr. Sachs then requested that the Board waive the requirement of a public hearing to which Attorney Hoffman stated that strict compliance with procedures was not necessary if there wwere no adverse impacts. Mr. Sachs added that the underground parking would allow more outside parking for visitors to the Larchmont Apts. He then submitted that three civic associations were contacted regarding the proposal and that he was informed by them that they had no objections. Mr. Scutaro questioned the water drainage and Mr. Trachtman stated that he did not know if there would be a problem and Mr. Sachs offered that a full plan showing the storm drain would be submitted. - 27 - October 8, 1986 After further discussion, on motion by Mr. Cannon, seconded by Mr. Scutaro with Ms. Latona abstaining, the Board adopted the following resolution: WHEREAS, Garfield Housing Corp. has requested that this Board amend the Site Plan Approval previously granted to permit construction of a garage under the building which would permit an additional fifty-five (55) cars to be parked on the site; and WHEREAS, supporting documentation and a long form Environmental Assessment Form have been submitted which indicate that the impact of this change is less severe than the original parking and traffic plan for the building, which was the subject of a past SEQRA determination that adverse environmental impacts were sufficiently mitigated; and WHEREAS, due to the full prior submission of this application and the minimal and beneficial change proposed, this Board determines that a hearing and strict compliance with the site plan requirements would cause extraordinary and unnecessary hardship, and that a 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 a modification of the previously approved site plan to permit additional parking for fifty-five (55) cars under the proposed building be and hereby is granted subject to: 1. The applicant shall provide to the Town Engineer a satisfactory drainage plan, indicating drainage flow and drainage pipe elevations from the bottom of the proposed ramp to an appropriate storm sewer connection in the public street. 2. No Building Permit will be issued until such modified drainage plans are approved by the Consulting Engineer to the Town. * * * * * - 28 - October 8, 1986 6. APPLICATION FOR FRESHWATER WETLANDS PERMIT - Town of Mamaroneck At this time, Attorney Hoffman presented the proposed resolution for the Town of Mamaroneck and, on motion by Mr. Bliwise, seconded by Mr. Cannon, the Board unanimously adopted the following resolution: WHEREAS, the Town of Mamaroneck has applied for a permit pursuant to Local Law #7 of 1986; and WHEREAS, this Planning Board has previously designated itself as the Lead Agency with respect to Environmental Quality Review; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type I Action and has referred to the matter to the Coastal Zone Management Commission; and WHEREAS, the Coastal Z one Management Commission has determined that this action will not be inconsistent with the purposes of the Local Waterfront Revitalization Program; and WHEREAS, this Board has determined that this action will not have any significant impact on the environment and has directed the Secretary of the Planning Board to send out negative declaration statements pursuant to SEQRA; and WHEREAS, the Consulting Engineer to the Town has submitted comments and recoitmendations regarding this application to the Planning Board; and WHEREAS, this matter has been referred to the New York State Department of Environmental Con- servation and said department has declined jurisdiction; and WHEREAS, this Planning Board has determined, pursuant to Local Law #7 of 1986, Section 88-6 (D) that the activity proposed is of such a minor nature and is compatible pursuant to 6NYCRR 665.7; and WHEREAS, a hearing pursuant to Local Law #7 of 1986 be and hereby is dispensed with; NOW, THEREFORE, BE IT - 29 - October 8, 1986 RESOLVED, that this Board makes findings of fact as follows: 1. The activity proposed is of such a minor nature as not to affect or endanger the balance of systems in a controlled area. 2. The proposed activity is consistent with the public health and welfare, including the providing and maintenance of gas, water and sewer service to the Murdock Woods and Fenbrook Subdivisions; 3. The proposed activity is the only practical alternative to eliminate the Kolbert Drive Pump Station, to provide gas service and to provice a water main loop for the Murdock Woods and Fenbrook Subdivisions. 3. The proposed activity benefits the public and satisfies an economic and social need. 4. No permanent change in the watercourse or wetland and no anticipated damage during construction activity will occur if appro- priate conditions are imposed. 5. The proposed activity will result in no more than insubstantial degradation to, or loss of, any part of the wetland, because of the minor impact of the activity and the protective conditions imposed by this resolution; 6. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the controlled area. AND IT IS FURTHER RESOLVED, that the application of the Town of Mamaroneck for a permit, pursuant to Local Law #7 of 1986 be and 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; - 30 - -41 October 8, 1986 b. This permit is issued only to the Town of Mamaroneck and may not be transferred to any other individual, entity or a combination thereof; c. Work involving site preparation shall only take place from Monday through Friday, between the hours of 8:00 A.M. and 4:30 P.M.; d. There shall be no joints in the sewer pipe underneath the stream bed; e. Sewer pipe shall be constructed of the longest possible length to minimize the number of joints adjacent to the stream; f. Manholes shall be placed and constructed so that in extreme flood conditions, the man- holes will not be overtopped and permit storm water to flow into the sewer lines; g. Pictures shall be taken before con- struction has begun so that the area can be restored as nearly as possible to its present condition; h. Construction shall be pursuant to sketches from Consolidated Edison received by Malcolm Pirnie on August 6, 1986, drawing by William Morgenroth, P.F., entitled Kolbert Drive Sewer Extension - Town of Mamaroneck, dated April, 1986, and drawing prepared by William Morgenroth, P.F., entitled Kolbert Drive Water Main Loop - Town of Mamaroneck, dated July, 1986; all conditions and limitations set forth in Part III, responses 4, 5, 6 and 16 in the Environmental Assessment Form prepared for the Town of Mamaroneck by Malcolm Pirnie and dated August 29, 1986. ADJOURNMENT There being no further business to come before the Board, on motion by Mr. Schramm, seconded by Mr. Scutaro, the meeting was unanimously adjourned at 12:56 A.M. >4.zt-yk_ 47a,4,4",/ Jean A. Marra Recording Secretary - 31 -