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HomeMy WebLinkAbout1985_09_12 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD SEPTEMBER 12, 1985, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK CALL TO ORDER The meeting was called to order at 8:10 P.M. by the Chairman. ROLL CALL Present: Mr. Sanford Bell, Chairman Mr. Lester Bliwise Mrs. Mary Carlson Mrs. Caryl Mahoney Mr. Emil Nicolaysen Mr. Anton Schramm Mr. Gaetano Scutaro Also present: Lee A. Hoffman, Jr. , Counsel to the Town Gary B. Trachtman, Consulting Engineer to the Town Public Stenographer from Post Reporting Service, Inc. 175 Main Street White Plains, NY 10601 APPROVAL OF MINUTES On motion made and seconded and approved unanimously the minutes of the regular meetings of May 8, 1985, June 12, 1985, July 10, 1985, and the minutes of the special meeting on June 5, 1985, were approved as sub- mitted. OLD ROAD PRELIMINARY SUBDIVISION APPROVAL - Adjourned hearing on Public Hearing Old Road Development Corporation (Zelnick property) Block 330 Parcel 350 The Public Stenographer made a record of this Public Hearing which will be made a part of the record. After discussion, the hearing was adjourned, with the consent of the applicant, with another on-site review scheduled for September 21, 1985 at 10:00 A.M. AUTO SPA - PUBLIC HEARING ON SITE PLAN (continued) 178 Myrtle Blvd. The Public Stenographer was present and made a record of this Public Hearing which will be part of the record. After discussion, a motion was made and seconded to approve the Special Permit application, with Board members voting as follows: Mr. Schramm - yes, Mr. Bliwise - yes, Mr. Bell - yes, Mrs. Mahoney - yes, Mr. Nicolaysen - no, Mrs. Carlson - no, and Mr. Scutaro abstaining. The following resolution was adopted: September 12, 1985 WHEREAS, Auto Spa Realty Corporation as proposed franchisor and lessor has submitted an application for a special permit use for a facility providing oil change, oil filter and air filter changes and lubrication services and sale of related items, located at 178 Myrtle Boulevard, Mamaroneck, New York, and a public hearing having been held on June 12, 1985, and continued on July 10, 1985, and August 14, 1985, and September 12, 1985, pursuant to notice, and the Planning Board having considered the application for a special permit, the plans and zoning re- port and environmental analysis submitted by the applicant, com- ments and responses to questions by the applicant, the Consulting Engineer to the Town and the engineer for the applicant and hav- ing heard interested members of the public, BE IT RESOLVED this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent prop- erties due to the traffic generated by said use or the access of traffic from said use onto or off and off of adjoining streets. 2. The operations in connection with the special permit will not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of lights or other aspects than would be the oeprations of any other per- mitted use, not requiring a special permit. 3. The proposed special permit use will be in harmony with the general health, safety and welfare of the surround- ing area by the nature of its particular location (Town parking lot, Conrail tracks and New England Thruway to the east, row of commercial stores to the north, apart- ment buildings to the west, and commercial building to the south) . It will not adversely impact upon surround- ing properties or surrounding property values. 4. There are no existing violations of the zoning ordinance on the property which is the subject of this application. BE IT FURTHER RESOLVED that this Board approves the application of Auto Spa Realty Corporation as franchisor and lessor for a special permit for an oil change and oil filter and air filter replacement and lubrication service facility for motor vehicles subject to the following terms and conditions: 1. The special permit is limited to the facility and applicant providing only oil changes, oil filter and air filter replacement, and sale of air fresheners, windshield wiper blades, windshield washer solvent, sealed batteries and lubrication services as a drive-through operation. The operator of vehicles entering the premises for ser- vice shall not leave the premises until the service is 02 September 12, 1985 complete. All services rendered shall occur within the building on the premises. Vehicles shall be re- moved promptly after servicing. Used batteries are to be stored within the structure. 2. Hours of operation shall be limited to the following: Eight a.m. to seven p.m. , Monday through Friday Nine a.m. to six p.m. , Saturday No operations on Sunday. 3. All deliveries of supplies and parts and pickup of waste shall occur only during permitted hours of operation. All waste oil and used batteries shall be disposed of by pickup only. 4. Special permit approval is subject to approval pursuant to the Site Plan ordinance of the Town of Mamaroneck. 5. The applicant and persons operating the facility shall make every effort to prevent vehicles waiting for service from standing on Myrtle Boulevard. 6. The applicant shall provide oil spill and leaking preven- tion devices for both the inside and outside areas and for storage areas to the satisfaction of the Consulting Engineer to the Town and the Planning Board and as re- quired by the site plan approval. 7. All signs shall comply with the requirements of the sign ordinance of the Town of Mamaroneck. 8. All lighting shall be internally directed, and only sub- dued lighting shall be permitted after hours of operation. 9. In addition to the grounds for expiration and revocation set forth in Sections 89-52 and 89-53 of the Zoning Code of the Town of Mamaroneck, should Auto Spa cease to be lessor or an Auto Spa franchise cease to operate at the location, that shall be grounds for revocation of the special permit granted herein. 10. The applicant shall provide the planning Board with a copy of the franchise agreement when such document be- comes available for inclusion in the Town file relating to the special permit application. After discussion, Mrs. Mahoney moved to continue the public hearing to the October 9, 1985, meeting, seconded by Mrs. Carlson, with the Board voting unanimously to approve the motion with the consent of the applicant. PUBLIC HEARING ON SITE PLAN AND FINAL SUBDIVISION - MALONEY-BERINGER Adjourned hearing September 12, 1985 The public hearing on the final subdivision approval of the Maloney Beringer Subdivision was opened by the Chairman. On motion by Mr. Schramm to close the public hearing, seconded by the Chairman, and unanimously approved by the Board, the public hearing on the final subdivision approval was closed. Mr. Schramm moved, Mr. Nicolaysen seconded, and the Board voted unanimously to close the public hearing on the site plan approval and the following resolution was adopted: * WHEREAS the Planning Board of the Town of Mamaroneck has previously granted preliminary subdivision approval to the application of Mr. Maloney, and WHEREAS, Mr. Maloney and his counsel have consented to all conditions imposed herein by this Planning Board in the granting of final subdivision approval and site plan approval, BE IT RESOLVED that the Planning Board specifically waives certain requirements of the Subdivision Regu- lations of the Town of Mamaroneck, to wit: A. Section 8b (requirement of two street connections to existing streets) ; B. Section 8d (cul-de-sacs in excess of 400 feet - the approved length herein shall in no event be more than 600 feet including any turn-around) ; and C. Section 8h (the maximum grade of local streets is limited to 10% - the maximum permitted in this subdivision is 10.5%, as noted on the final subdivision plat) . These waivers are based upon findings during SEQRA pro- ceedings that a road layout conforming to the subdi- vision regulations would have substantial negative im- pacts on the environment, including, but not limited to, extensive additional blasting, extensive additional regrading and destruction of current plant cover, and dangerous traffic patterns on Fenimore Road, if two connections to Fenimore Road were required. * Mrs. Carlson opposed the motion on the ground that the sub- division regulations pertaining to cul-de-sac length were waived. Mrs. Carlson expressed the view, contrary to the view of the majority of the Board, that the cul-de-sacs were 1500 feet and 1700 feet long. September 12, 1985 CONDITIONS FOR MALONEY/BERINGER FINAL SUBDIVISION APPROVAL - SITE PLAN APPROVAL 1. General requirements. All public streets and other public places on such plats shall be suit- ably graded and paved and that street names, traffic signs, street light- ing facilities, curbs, gutters, suitable monuments, water mains, storm drains, sanitary facilities, street trees, and other public facilities shall be installed, all in accordance with the latest standards and speci- fications and procedures in force and acceptable to the appropriate Town Departments and Consulting Engineer to the Town at the time of Approval and, further, in accordance with any new standards and specifications in force at the time work is started and in accordance with the approved plan. A copy of all deeds from the Applicant to purchasers of individual lots in the subdivision shall be filed with the Building Department at the time of transfer. These deeds are for informational purposes only and will be checked by the Building Department and Counsel to the Town as required to respond to inquiries regarding the status of individual lots within the subdivision. 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, and must also be noted on the final subdivision plat. 2. Compliance with SEQRA. A. Consistent with social, economic, and other essential consideration 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 Impact Statement, in- cluding all special requirements and modifications set forth herein. 3. Special requirements. A. Water retention and drainge. 1. Plans for water retention and drainage facilities shall be in accord- ance with the final subdivision plat and final site plan documents and shall be approved by the Consulting Engineer to the Town prior to commencement of any work on the subject premises. 2. On lots containing any part of any water retention area, all house construction must be outside the maximum elevation of the retention areas as determined by the Consulting Engineer to the Town. September 12, 1985 3. On lots 19, 20, 23, 24, 25, 28, 29, and 30, and any other lots on which there are retention areas, there must be deed restrictions which prevent any construction in drainage retention areas and provide that the owners must maintain the grades within these re- tention areas. The deed restriction must be approved as to form by Counsel to the Town and must also be noted on the final sub- division plat. 4. On lots 23 and 25, and any other lot on which there is a swale leading to a retention area, there must be a deed restriction in- dicating that the owner may not change the grade of the retention swale or construct any structure in that area. Such deed restric- tion must be approved by Counsel to the Town as to form and must also be noted on the final subdivision plat. 5. On lots numbered 20, 25, and 30, there shall be deed restrictions providing for the owners of those properties to maintain and clean the discharge control structures for the retention areas. Such deed restriction must be approved by Counsel to the Town as to form and must also be noted on the final subdivision plat. 6. There shall be an easement to the Town on lot numbers 16, 26, and 27 for the Town to have access to a drainage pipe for maintenance at the option of the Town. The easement must be fifteen feet wide with specific provision for the pipe to be five feet off the prop- erty line. This easement shall be approved by Counsel to the Town as to form and must also be noted on the final subdivision plat. 7. On lot number 21, there shall be an emergency access easement to get to the discharge control facility located on lot number 20. This easement shall be approved by Counsel to the Town as to form and must also be noted on the final subdivision plat. 8. All easements affecting stormwater retention facilities shall provide for the Town to have the option of providing 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 charges, ex- penses, and costs 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 and must also be noted on the final subdivision plat. 9. Prior to beginning construction of residences, the applicant shall provide a map of the drainage retention areas with one foot contours or an alternative acceptable to the Consulting Engineer (such as volume calculations) . The applicant shall provide as-built plans for the retention areas and drainage control structures and certi- fication of the volume contained therein prior to granting a Certi- ficate of Occupancy for any residence. 10. No construction may be done within the channel and no structure may be built within 20 feet of the top of the bank of any stream as shown September 12, 1985 on the final subdivision map and/or final site plan application map, and all deeds shall contain a restriction barring any construction within said channel and any structure within 20 feet of the top of bank of any stream on any premises affected. 11. A copy of any agreement executed between the applicant and indivi- duals or entities relating to water retention facilities, drainge, etc. , shall be submitted to the Town for inclusion in its file for informational purposes only. 12. The developer shall obtain an easement running to the Town and to the Westchester Joint Water Works, twenty-five feet in width, to accommodate water and sewer lines on property owned by Beringer which is adjacent to lot 23 and running from lot 23 to Fenimore Road. The easement running to the Town shall be subject to approval of Counsel to the Town, and the easement running to the Westchester Joint Water Works shall be subject to the approval of Counsel for that agency. B. Sewers. 1. Deeds to lots 23, 24, 25, 27, and any other lots under which a sani- tary sewer runs shall provide for easements to the Town for repair and maintenance of sewers. Such easements shall be in a form ap- proved by Counsel to the Town, and must also be noted on the final subdivision plat. 2. The applicant shall construct a sewer line from the northeast prop- erty line of the subdivision (near Kolbert Drive) to the center of the northeast cul-de-sac and onward at a depth sufficient to allow a hookup by the Town to the Kolbert Drive sewer by gravity feed and sufficient to eliminate the sewage pumping station now near the end of Kolbert Drive. 3. The easement for this sewer connection from the northeast property line near Kolbert Drive to the northeast cul-de-sac shall be of suf- ficient width to contain a water main extension currently proposed by the Westchester Joint Water Works. C. Blasting. 1. All blasting on the premises shall be done in accordance with the most stringent, currently accepted engineering standards. 2. All blasting must be preceded by a series of test blasts, and the information gained from those test blasts must be discussed with the Consulting Engineer to the Town prior to final blasting. Appro- val of the Consulting Engineer concerning appropriate blasting pro- cedures shall be determinative. Approval of applicant's blasting procedures by the Consulting Engineer shall not relieve the applicant of its responsibility for any claims, damages, or injuries to per- sons or property resulting from the blasting. 3. To the fullest extent permitted by law, applicant shall hold harm- less and indemnify the Town, its officials, elected or appointed, 1 September 12, 1985 employees, agents, and the Consulting Engineer from and against all claims, losses, damages and expenses, direct, indirect or con- sequential (including but not limited to fees and charges of attor- neys 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. 4. Applicant shall purchase liability insurance, including contrac- tual endorsement of the indemnification agreement contained in 3. above, in amounts and coverage specified by the Town's insurance advisor, which insurance policies shall name as Additional Insureds the Town, its officials, elected or appointed, employees, agents, and the Consulting Engineer. 5. No blasting may be conducted with first obtaining a Blasting Permit from the Town Building Department. D. 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 (installing drains for foundations/underdrains for roads) . Recommenda- tions of the Consulting Engineer shall be determinative. E. 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 Prac- tices manual for construction related activities. 2. The control plan shall include a construction timetable and an in- spection schedule. 3. Erosion and sedimentation control plans shall be reviewed by the Consulting Engineer to the Town prior to the issuance of building permits. The recommendations and changes requested by the Consult- ing Engineer to the Town shall be determinative. F. Plans submitted on final approval. 1. All improvements and grading shall be in accordance with the plans submitted as part of the application for final subdivision approval and/or site plan approval by William Morgenroth, P.E. and designated as Fenbrook Associates Subdivision - Profiles (Dwgs 1-5 of 14) , Details (Dwgs 6-9 of 14) Retention Areas 1, 2 & 3 (Dwgs 10-12 of 14) , Integrated Plot Plan (Dwg 13) and Erosion Control Plan (Dwg 14) approved by Malcolm Pirnie, Inc. , on September 10, 1985, and in accordance with the conditions contained in the letter from Malcolm Pirnie, Inc. , dated September 11, 1985. These plans shall be fol- lowed, except as specifically set forth herein and modified as conditions to final subdivision approval. September 12, 1985 2. Provision of 'as-built' plans. The applicant shall provide the services of a licensed professional engineer to certify completion of the work in accordance with the approved plans. One mylar reproducible and four sets of drawings showing the 'as-built' conditions shall be furnished to the Town. G. Approvals of other agencies. 1. The applicant shall obtain approval from the Westchester County Health Department for all public water supply facilities and public sanitary sewer facilities to serve all structures intended for human occupancy constructed in said subdivision. 2. 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 construc- tion drawings and that an amount sufficient to cover the instal- lation of said water lines and appurtenances as estimated by the Manager of said Water Works be deposited with said Water Works. H. Performance Bonds/Letter of Credit 1. Prior to the signing of the final subdivision plat by the Chair- man to the Planning Board, a letter of credit and/or performance bond shall be posted to secure the completion of all public im- provements in an amount and for a period of time to be deter- mined by the Consulting Engineer, and in a form approved by Counsel to the Town. Any performance bond so posted shall not exceed 75% of the total amount specified to secure the completion of public improvements, 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. 3. (The issue of staging development and the extent to which public improvements must be completed before the issuance of Building Permits on individual lots must be addressed.) No Certificate of Occupancy will be granted for any residence until all water mains, sanitary sewers, storm drains, and other utilities and the base and binder pavement course of the roadway are completed in accord- ance with the approved plans and so certified by the applicant's Engineer to the satisfaction of the Consulting Engineer. I. Inspections. All installations of public facilities and public improvements shall be under the supervision of an inspector duly appointed by the Town, the cost of which supervision shall be paid by the applicant to the Town. J. Corner Lots. All corner lots within the subdivision are to be graded, constructed, September 12, 1985 and landscaped so as to provide adequate sight distances. K. Recreation Land Fees. Pursuant to Town Law 277, this Planning Board has determined that a suitable park of adequate size cannot be located in this plat and is not practicable. The Town Board has subsequently determined, pursuant to Town Law 277 that a fee in lieu of providing a park in the amount of $50,000.00 should be paid, and the applicant has con- sented to the payment of that fee. Therefore, this final subdivi- sion approval is conditioned upon the applicant's paying to the Town of Mamaroneck Recreation Trust Fund the sum of fifty thousand dollars ($50,000.00) , prior to the signing of the final plat by the Chairman of the Planning Board. L. Trees. Trees on the site are to be retained in conformance with the Tree Law of the Town of Mamaroneck. This Board determines that any tree or shrub within the roadway (50 feet wide) as proposed and any tree within ten (10) feet of a structure on an individual lot may be cut down without further action of the Shade Tree Commission. In addi- tion, any trees and shrubs within the pathway of public improvements, such as sewers, water mains, underground utilities, etc. , may be cut down without further action of the Shade Tree Commission. The Shade Tree Commission shall be consulted with respect to the loca- tion of driveways and must give approval for the destruction of trees on individual building lots, other than those within ten (10) feet of the final structure location. M. 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. N. 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 satisfac- tory 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 not constitute an accep- tance 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. September 12, 1985 0. Finished grades. Finished grades shown on the Site Plan shall be incorporated on the Site Improvement Plan prior to the issuance of a building permit in order to facilitate the review of plans during construction. P. Miscellaneous. The following Note shall be added to the Site Improvement Plan: APPROVED FOR THE TOWN OF MAMARONECK WITH RESPECT TO SANITARY SEWERAGE AND STORM WATER DRAINAGE ONLY. MALCOLM PIRNIE, INC. , ENVIRONMENTAL ENGINEERS, SCIENTISTS & PLANNERS 2 Corporate Park Drive Box 751 White Plains, NY 10602 Q. Conformance with Zoning Ordinance. The premises which this subdivision affects are in an R-30 Zone. All construction on the property shall meet the zoning requirements of the R-30 Zone as set forth in the Zoning Code of the Town of Mamaroneck. ADJOURNMENT There being no further business to come before this meeting, it was adjourned. Arline Stefanisko, cretary /1