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HomeMy WebLinkAbout1986_09_10 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 10, 1986, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order at 8:40 by the Chairman. ROLL CALL Present: Sanford A. Bell, Chairman Mary Carlson Anton Schramm Gaetano Scutaro Lester M. Bliwise Absent: Patricia Latona Norman L. Cannon Also Present: Lee A. Hoffman, Jr., Town Attorney Gary Trachtman, Town Engineer Stephen Altieri, Town Administrator Lawrence Lerman, Town Councilman Jean A. Marra, Recording Secretary SCHEDULING The Chairman stated that a Special Meeting of the Planning Board will be held on September 23, 1986. APPROVAL OF MINUTES Action on the Minutes was deferred to the next meeting of the Planning Board. September 10, 1986 2. APPLICATION FOR FLOOD PLAIN PERMIT - MR. JOHN KLUGE - PREMIUM POINT (Continued from Meeting of July 22, 1986) Geoffrey Young, Esq., of Seacord, Young & Young, 277 North Avenue, New Rochelle, appeared on behalf of the Applicant and submitted two Environmental Assessment Forms (EAF) , Part I and Part II. He stated that the project engineer was uncertain of the following answers and they were omitted on the EAF: Part I. A. #10; B. #1-G; B. #4; B. 22-B; 26-A; and Part II. #8. Mr. Hoffman stated that without this information, the application is incomplete and will not be considered complete until all questions have been answered. After further discussion, Mr. Schramm moved that this be considered a Type I Action and that the Planning Board be designated as the lead agency Mr. Bliwise seconded the motion and it was unanimously adopted by the Board. The Chairman stated that the matter be deferred to the next meeting. * * * * * At this time, on motion by Mr. Schramm, seconded by Mr. Scutaro, it was unanimously RESOLVED, that the Public Hearing for Final Subdivision and Site Plan Approval - Old Road Development Corporation (Zelnick Property) be, and it hereby is, declared open at 9:15 P.M. John Seligman, Esq., of Fink, Weinberger, Fredman, Berman & Lowell Law Firm, 81 Main Street, White Plains, appeared and summarized the activities that have taken place since June 11, 1986. He stated that a blasting permit was issued on August 22nd and the test was done on August 29th. He added - 2 - September 10, 1986 that the results of the test were before the Board and that Mr. Martin, blasting expert, from Dinan Associates, Inc. was present to answer any questions the Board may have. Mr. Seligman continued that many communications were made with Mr. Trachtman and others in the Town and that all requirements were met and that they were successful. He added that the Raymond Keyes office responded to Mr. Trachtman's and Mr. Paonessa's comments and suggestions regarding the hookup of sanitary sewers and that on-site easements which were designated in the original plans were avoided. At this time, Mr. Nicholas Panayotore, of Raymond Keyes and Associates, Inc. appeared on behalf of the developer and stated that when the Town Engineer signs off on the sewer agreement, that it can then be submitted to the Westchester County Department of Health who will then issue their final approval. Mr. Trachtman stated that he did not supervise the test blast but that he was accompanied by David Woodhouse to the test blast site and then proceeded to read the following memo he received from David Woodhouse of Malcolm Pirnie, dated September 10, 1986: "Subject: Observations During Test Blasting Old Road Development Mamaroneck, New York August 29, 1986 "Test blasts were conducted on August 29, 1986 by Dynex at the Locations as shown on plan SK-12. These tests were monitored by John V. Dinan Associates, Inc. My obser- vations and comments are as follows: "Gate House Lane 1. Blasting mats were placed over the blast holes and on fill which had been placed as a cushion against the rock to be blasted. 2. Blasting caps were laying atop the explosives. The caps and explosives themselves were not in a magazine, but were laying on the lawn of No. 10 Gate House Lane along the curbside. - 3 - September 10, 1986 3. Prior to blasting, vibration monitors, i.e., seismo- graphs, were set up in front of No. 2 Carol Lane, No. 10, No. 12, and No. 11 Gate House Lane. Each monitor recorded data on tape and was set to a trigger level of 0.3 ips particle velocity. A microphone recorded the overpressure, i.e., air pressure, at each location. 4. The first test blast occurred at 10:40 A.M. at the proposed entrance road north of Gate House Lane. The rock is a competent schist. Four holes were drilled 8 feet deep, loaded with four sticks (1/2 lb. each) using delayed caps, and tamped with sand. 5. A vibration level less than the trigger level of 0.3 ips was recorded on the monitors. 6. The overpressure recorded at No. 2 Carol Lane was 128 decibels (dbs) , very close to the specified limit of 130 dbs. The contractor then agreed to use less explosives during production blasting in the vicinity of houses on Gate House Lane. 7. No signals as specified in Article 8 of the Blasting Notes were used. Wagon Wheel Road 1. Blasting mats and sand were similarly placed over the shot holes. 2. Vibration monitors with microphones were set up at No. 4 Wagon Wheel, No. 11 Gate House, No. 15 Gate House and at Dr. Zelnick's home. 3. The blast occurred at 11:50 A.M. using 5 holes loaded with a total of 25 sticks (1/2 lb. each) . 4. Peak particle velocity experienced at No. 4 Wagon Wheel Road, according to the Dinan technician, was 0.15 ips. 5. No safety air whistles or horn were sounded. 6. The seismograph (monitor) at No. 4 Wagon Wheel was set on patio blocks laying on soil. However, the house foundation appears to be founded on bedrock. I would recommend that the monitor be set on that material (soil or rock) which is most representative of the house's bearing material." - 4 - September 10, 1986 Mr. Panayotore stated that ample notice was given to all residents as to when the test blasts would be done and that during the actual work, signals or horns would be sounded. He added that it has been proven that rock could be blasted with no adverse impact on adjoining properties. The Chairman inquired if a safe test blast was conducted to which Mr. Trachtman stated that it was but that the air pressure results were close to the criteria and that Dinan Associates stated that they would ensure that specifi- cations would be adhered to. He added that the monitoring device would be more appropriate in another location and that it was necessary to have horns or whistles sound during the test since it is a state regulation. Mr. Panayotore offered that he would speak to the blaster regarding the sounding of a device and also put it in writing to him. At this time, the Chairman opened the hearing to the public for questions and comments. Mr. Salerno, a Town resident, questioned why there were so many "exceptions to the norm" in the proposal to which Mr. Schramm replied that the Board made the exceptions for many reasons, one being that it was a very difficult site to build on and that housing is in very short supply. He added that each home will meet the zoning requirements except for street frontage. Mr. Hoffman stated that the Zoning Code of the Town of Mamaroneck gives the Planning Board the right to limit frontage on a public street in order to diminish the amount of roadway that was required and to allow flexibility in the layout of the homes. Mr. David Ragowsky, 4 Wagon Wheel Road, stated that he would like to hear the siren before any blasting is done. Joyce Bensen, 1165 Old White Plains Road, asked what time this work would be done to which Mr. Panayotore answered that it is generally done from 7:30 - 8:00 A.M. until 3:30 or 4:00 P.M. Ms. Bensen stated that trucks are constantly on Wagon Wheel Road seven days a week at all hours. - 5 - September 10, 1986 Ms. Bensen then inquired if fill was going in back of her home where presently there is a big hole to which Mr. Panayotore stated that some fill will be added but that the design of the homes will be integrated with the contour of the land. Mr. Trachtman stated that he spent a great deal of time with Tom Leddy and Bill Paonessa discussing this proposal and that he felt very comfortable with it. Mr. Panayotore stated that the environmental authorities could not act on the permit until the Town acts and he added that in order to get approval from the County Health Department for the sewer, Mr. Trachtman had to sign the plans. At this time, on motion by Mr. Scutaro, seconded by Mr. Schramm, with Mr. Bliwise abstaining, it was RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereafter, the Chairman requested counsel to prepare a draft resolution addressing the concerns presented. Mr. Schramm stated that he has been at many meetings and was quite impressed with the professionalism that was demonstrated in the presentation of this application to the Planning Board and Mr. Trachtman seconded the compliment. Mr. Panayotore requested once again that Mr. Trachtman sign the necessary documents in order to submit them to the Westchester County Health Department as the Town is the owner of the sewer system and they must sign the documents before they can go to the County. Mr. Trachtman stated that Malcolm Pirnie can sign off on the plans and would also send an accompanying letter to the County. At this time, the Board then authorized Mr. Trachtman to sign the necessary plans. * * * * * - 6 - September 10, 1986 3. APPLICATION FOR WATER COURSE PERMIT - FENBROOK SUBDIVISION Mr. Hoffman explained the procedure of the local laws which were adopted by the Town Board and the necessity of an applicant to obtain a permit when they engage in any type of construction activity within 100 feet of a wetland or water course within the Town. He stated that there are certain limits on what could be done and certain standards that have to be met. Mr. Hoffman further stated that regarding SEQRA, the attorney's office has made the following interpretation relating to Local Laws #7 and #8, the Environmental Quality Review Law: That under Local Law #7, any activity within 100 feet of a stream bed or pond must have a permit and any activity within 10 feet is a mandated Type I Action and if the activity is not within 10 feet of a Critical Environ- mental Area, it is not a mandated Type I Action. Mr. Hoffman added that with respect to applications by the Town, any application made by a local government must be referred to the State Department of Conservation under the Town of Mamaroneck Local Law. He further added that he wrote a letter to the Regulatory Officer in New Paltz, New York, regarding this matter and that they decline jurisdiction regarding this and it is now back before the Town. Mr. William Morgenroth stated that during the dry period, the stream would be blocked, slips installed and then the water would be released. He added that the stream would not be obstructed so as to cause any backup. He further stated that the doubling up of the water line was requested by the Westchester Joint Water Works because if a break occurred along Fenimore Road, the entire area of Murdock Woods would be without water. Mr. Morgenroth went on to say that the gas service along Fenimore Road would be new and the proposed line would be between the sewer and water line and that when the work is completed, the site will be restored to the way it was. After further discussion, Mr. Schramm moved that this be considered a Type I Action with mandatory referral to the - 7 - September 10, 1986 CZ M (Coastal Zone Management Commission) , and that the Planning Board be designated as the Lead Agency. Mr. Scutaro seconded the motion and it was unanimously approved by the Board. * * * * * 4. APPLICATION - FRESHWATER WETLANDS & WATER COURSES PERMIT ROY E. KIEVIT 11 BRIARCLIFF ROAD BLCCK 220, PARCEL 206 Mr. Ray Kievit and his architect, Mr. Edward Jacobson, presented the application for a two-story addition and a deck which was not being located within 10 feet of the brook. Mr. Hoffman stated that certain factors had to be considered such as the stream would have to be sufficiently protected during construction and also the question of whether the end result would make a significant change in the stream. At this time, Mr. Schramm moved that this be considered a Type II Action and that the Planning Board be designated as the Lead Agency. Mr. Scutaro seconded the motion and it was unanimously approved by the Board. After further discussion, the Chairman stated that it was the consensus of the Board that no Public Hearing would be necessary and then requested that this matter be continued at the next Planning Board meeting in order to allow time for Mr. Trachtman to review the plans and for Mr. Hoffman to draft proposed resolutions. * * * * * 5. APPLICATION - FRESHWATER WETLANDS & WATER COURSES PERMIT MR. & MRS. C. GIBBS 81 W. BROOKSIDE DRIVE BLOCK 218, PARCEL 607 Cliff and Arlene Gibbs, together with their architect, Mr. Carnegie of Stamford, Connecticut, presented the application and stated that the addition is needed in order to accommo- date their expanding family. Mr. Gibbs explained that the plans were changed to eliminate the need for any variances and that a crawl space, instead of a basement, was planned. - 8 - September 10, 1986 At this time, Mr. Schramm moved that this be considered a Type II Action and that the Planning Board be designated as the Lead Agency. Mr. Scutaro seconded the motion and it was unanimously approved by the Board. After further discussion, the Chairman stated that it was the consensus of the Board that no Public Hearing would be necessary and then requested that this matter be continued at the next Planning Board meeting in order to allow time for Mr. Trachtman to review the plans and for Mr. Hoffman to draft proposed resolutions. * * * * * At this time, Mr. Stanley Bierman, 511 Rushmore Avenue, Mamaroneck, stated that since Mr. Trachtman did not look at the plans and submit any written communication, then it was apparent that he had no comments and the Board must assume that the law has been complied with and grant the appli- cation. The Chairman then stated that a Special Meeting of the Planning Board would be scheduled for Tuesday, September 23rd at 8:15 P.M. in order for these applications to be heard. * * * * * 6. APPLICATION - FRESHWATER WETLANDS & WATER COURSES PERMIT FRANK POCCIA, JR. 21 N. BROCK ROAD BLOCK 214, PARCEL 399 Mr. & Mrs. Frank Poccia, Jr., together with their builder, Frank Poccia of Mamaroneck, New York, presented the application and stated that the new home is planned for their personal use. At this time, Mr. Bliwise moved that this be considered a Type II Action and that the Planning Board be designated as the Lead Agency. Mr. Scutaro seconded the motion and it was unanimously approved by the Board. - 9 - September 10, 1986 After further discussion, the Chairman stated that it was the consensus of the Board that no Public Hearing would be necessary and then requested that this matter be continued at the next Planning Board meeting in order to allow time for Mr. Trachtman to review the plans and for Mr. Hoffman to draft proposed resolutions. * * * * * 7. PRE-SUBMISSION CONFERENCE - USE CHANGE - MADISON LARCHMONT, INC. 13-19 MADISON AVENUE BLOCK 132, PARCEL 169 George Forbes, Esq., the architect, John F. Janiga and Edward Ferrarone of Lane Appraisals, presented the proposed use change for the former Daitch Shopwell Supermarket into office space. Mr. Janiga explained that most of the changes would be basically cosmetic changes to the outside of the building. He added that a traffic study was made and it was determined that traffic would be reduced by as much as seven percent. When questioned regarding the number of proposed parking spaces, Mr. Janiga offered that the loading zone area could accommodate an additional two cars and Mr. Hoffman stated that the Building Inspector would determine whether the proposed parking complies with the Building Code. Mrs. Carlson inquired as to what the basement would be used for and Mr. Janiga replied that it would be used only for storage purposes. After further discussion, Mr. Janiga requested the Board to summarize the next steps to be taken and the Chairman complied with the request and stated: 1. Contact the Building Inspector. 2. Come back to the Planning Board with Site Plan application or 3. If a variance is sought, apply to the Zoning Board of Appeals. 4. Keep in touch with Gary Trachtman regarding SEQRA requirements. Mr. Janiga thanked the Board for their assistance. * * * * * - 10 - September 10, 1986 The Chairman stated that due the late hour, action on the Minutes would be tabled until the next meeting which was scheduled for Tuesday, September 23rd at 8:15 P.M. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 12:15 A.M. Jean A. Marra Recording Secretary - 11 -