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HomeMy WebLinkAbout1989_09_13 Planning Board Minutes �•R MINUTES OF THE REGULAR MEETING OF THE Aft. PLANNING BOARD OF THE TOWN OF MAMARONECK SEPTEMBER 13, 1989, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Sanford A. Bell, Chairman Jerry R. Donatelli Steven R. Goldstein Norma Jacobson Patricia Latona Alan P. Murray James J. Romeo Also Present: Lee A. Hoffman, Jr. , Town Counsel Gary Trachtman, Consulting Engineer Elaine Price, Town Councilwoman Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Claudia Ng, Environmental Coordinator Shirley Tolley, CZMC Norma Gaztambide, Public Stenographer Carbone, Kazazes & Associates 225 Mt. Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Bell at 8:21 PM. Mr. Bell welcomed Steven Goldstein, a real estate lawyer and former Chairman of the Conservation Advisory Committee of the Town of Mamaroneck, as a new member. PUBLIC HEARING - SPECIAL PERMIT Melron Amusement Corp. 1265 Boston Post Road Block 412 Parcels 439 and 449 Mr. Hoffman stated that a mistake had been made in sending notices to neighbors of Cook's Restaurant to notify them of the Public Hearing in connection with the granting of a Special Permit. Mr. Hoffman stated that the Public Hearing should be adjourned to the meeting of October 11, 1989 and that the neighbors should be re-notified. A new notice of the Public Hearing should be sent to the newspaper as well. Roger Sirlin, attorney for Melron, thanked Mr. Hoffman for notifying him of the situation in advance of the meeting and asked the Board whether it need additional information about the application before its next meeting. tftwe Marcia Kirchoff of 25 Rock Ridge Road was in the audience. She stated that her back yard was unusable for relaxation as garbage at Cooks was accumulating in its bins causing a noxious smell and the exhaust fans September 13, 1989 -2- were extremely noisy. Mr. Romeo reminded Mr. Sirlin of the Board's Asiik request to make the landscaping at the restaurant in line with the rr.• Master Plan of the Town of Mamaroneck and of Mrs. Latona's offer to consult with Nathans about the Plan. Mr. Goldstein stated that he found the frequent repeat of "Nathans" across the canopy to be excessive. On motion of Mr. Romeo, seconded by Mrs. Latona, it was unanimously resolved to adjourn the Public Hearing on the Melron application to October 11, 1989. CONSIDERATION OF APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT - Westchester Joint Water Works Weaver Street Plant Alan Natter, of Hazen and Sawyer Engineers, and Roger Ruge of the Water Works appeared on behalf of the application. Mr. Bell stated that Mr. Trachtman and CZM had made written comments about the application which said that, as long as appropriate procedures were followed, the application could be approved. Mr. Trachtman stated that the bulk of the work is to be done in New Rochelle. Ms. Ng stated that the area in the Town is designated a Critical Environmental Area which is not the case for the area in New Rochelle. The installation of tubes and piping would not require construction within the lake bed. It was determined that the project would not cause an adverse impact. On motion of Mr. Murray, seconded by Mrs. `fir% Jacobson, with Mr. Goldstein abstaining, the Board RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment. On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that this Board directs the Environmental Officer to prepare a negative declaration. On motion of Mr. Murray, seconded by Mr. Goldstein, the Board voted unanimously to waive a Public Hearing for the application of the Westchester Joint Water Works for a Freshwater Wetlands and Water Courses Permit. On motion of Mr. Romeo, seconded by Mr. Murray, the following resolutions were adopted: WHEREAS, the Westchester Joint Water Works has applied for a permit pursuant to Local Law 07-1986; and WHEREAS, this Planning Board has previously determined that the proposed action will generate a negative declaration and that this September 13, 1989 -3- ,,.. Board is the appropriate Lead Agency with respect to Environmental Quality Review; and WHEREAS, the Consulting Engineer to the Town and the Coastal Zone Management Commission have submitted comments and recommendations in writing regarding this application to the Planning Board; and WHEREAS, this Planning Board has determined, pursuant to Local Law 07, Section 86-6(D) , that the activity proposed is of 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 alternative, and (C) it 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 07 of 1986 be, and hereby is dispensed with; and BE IT FURTHER RESOLVED, that the application of the Westchester Joint Water Works for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; 2. If a relatively small volume of earth is to be removed, provisions should be made to remove the excavated material to its final destination on the same day as the excavation. All $ram► debris is to be removed prior to the completion of the project. Construction must be in accordance with the requirements of the Town Flood Damage Prevention Code. September 13, 1989 -4- 3. A cash deposit or bond for $1,000 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 4. Work involving site preparation shall only take place from Monday through Friday, between the hours of 9:00 AM and 5:00 PM. 5. Should the project require blasting, the Westchester Joint Water Works shall return to the Planning Board for a blasting permit. 6. This permit shall expire upon completion of the proposed activity or one year from the date of its issue, whichever first occurs; ADJOURNED PUBLIC HEARING - FINAL SUBDIVISION APPROVAL William Cord 385 Weaver Street Block 112 Parcel 390 On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared ate'` open. — The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion by Mrs. Latona, seconded by Mrs. Jacobson, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. Cord had filed amended drawings showing utility hookups, curbing to distribute drainage and paving plans for Senate Place. Mr. Trachtman suggested that the further plans needed - for the placement and removal of trees and for drainage - could be coordinated through the Building Department and approval made conditional upon filing a drainage plan for the sloped area behind the house. On motion of Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that this Board directs the Environmental Officer to prepare a negative declaration. On motion of Mr. Murray, seconded by Mr. Donatelli, the following resolutions were unanimously adopted: a %✓ WHEREAS, William Cord has submitted an application for final subdivision approval in proper form, and complying with all requirements of the Town, other municipal agencies, the September 13, 1989 -5- comments of the Consulting Engineer to the Town and this Planning Board; and WHEREAS, this Planning Board held a Public Hearing on the application for final subdivision approval on September 13, 1989; NOW, THEREFORE, BE IT RESOLVED that final subdivision approval is hereby granted to William Cord, pursuant to his application and subject to all terms and conditions set forth below: 1. All grading, paving and other improvements to be done by the applicant in the bed of Senate Place shall be subject to the prior and subsequent approval of the Consulting Engineer to the Town and the Superintendent of Highways for the Town of Mamaroneck. 2. 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. 3. 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. 4. Special Requirements A. The proposed elevation 118, 116, 114 and 112 contours must be included on the final plan. B. Submission of a final grading plan to be approved by the Consulting Engineer to the Town detailing the method by which a runoff pattern which will properly direct surface water runoff from Parcel I to Parcel II and minimize the flow of surface water toward the west side of the existing house. C. Submission of a maintenance agreement for approval, approved by both the Town Highway Department and Counsel to the Planning Board for the portion of the September 13, 1989 -6- e*N proposed driveway for Parcel II which lies within the right of way of Senate Place. 5. Building Envelopes and Specific Drainage Requirements 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 mitigation measures to control the ground water (footing drains for foundations/underdrains for roads) . Recommendations of the Consulting Engineer shall be determinative. 6. Erosion and Sedimentation Control During Construction A. Erosion and sedimentation control plans shall be based upon the standards presented in the Westchester County Best Management Practices Manual for Construction Related Activities. B. The control plan shall include a construction timetable and an inspection schedule. C. Specific erosion control and grading plans for each lot must be approved by the Consulting Engineer (:2 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. 7. Performance Bonds Prior to the issuance of building permits or the commencement of any construction activities or prior to transfer of title to the vacant lot, whichever first occurs, a performance bond or cash deposit with the Town Comptroller in the amount of $ 1,000.00 shall be filed. After grading, paving and other related activities in the bed of Senate Place have been completed, $ .00 shall be released. Two years after completion of the final improvements in the bed of Senate Place, the balance shall be released. 8. The Town of Mamaroneck Tree Preservation Law must be complied with before a building permit is issued, with respect to construction of a new residence and driveways on individual lots. In addition, plans for replacement of trees must be approved prior to the issuance of a building permit. 9. Required documents and inspections A. The applicant shall provide ten (10) sets of approved drawings to the Town and one (1) set to the September 13, 1989 -7- Office of the Consulting Engineer for the Town. B. The applicant shall submit to the Town one (1) Mylar reproducible and four (4) copies showing the "as built" condition for improvements in the bed of Senate Place. WHEREAS, William Cord has been granted final subdivision approval for a two-lot subdivision at 385 Weaver Street, and WHEREAS, this Board has reviewed all the documents submitted with reference to the subdivision application, and WHEREAS, this Board has found that all relevant issues to be considered in this application under the site plan approval law of the Town of Mamaroneck have been considered as part of the final subdivision approval process, NOW, THEREFORE, BE IT RESOLVED, that the site plan approval process for the subdivision at 385 Weaver be and hereby is waived. PUBLIC HEARING - TOWN OF MAMARONECK POST ROAD/WEAVER STREET URBAN RENEWAL PLAN On motion by Mr. Murray, seconded by Mr. Goldstein, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. The Public Stenographer was present for this application and her transcript will become a permanent part of this record. On motion by Mr. Donatelli, seconded by Mr. Murray, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Mr. Silverberg presented the plan to the Board. The Board noted that the reference to the new Mixed Use Business Zone had been eliminated Thus, the zoning in this area would be business or a residential zone allowing four stories. On motion of Mr. Donatelli, seconded by Mrs. Latona, the Board Unanimously agreed to promulgate the following: WHEREAS, the Planning Board has reviewed the draft Urban Renewal Plan, the draft Environmental Impact Statement and the final Environmental Impact Statement; and 0.1*".. WHEREAS, this Board held a Public Hearing on September 13, 1989; �.. and September 13, 1989 -8- WHEREAS, this Board finds that the plan includes all necessary information required by General Municipal Law Section 505; and WHEREAS, the proposed uses which will be permitted in the urban renewal area are consistent with the Master Plan enacted by the Town of Mamaroneck; and WHEREAS, the only permitted uses in the urban renewal zone would be those permitted in a business zone or those permitted in R-TA zone. NOW, THEREFORE, BE IT RESOLVED that the Planning Board hereby certifies its unqualified approval for the proposed Urban Renewal Plan. APPLICATION OF FRESHWATER WETLANDS AND WATER COURSES PERMIT J. Donatelli 23 Bonnie Briar Lane Block 222 Parcel 627 Mr. Donatelli recused himself. Peter Alexander, landscape architect, appeared on behalf of the application. He stated that the application had gone before the CZMC which had determined that the application "had no impact". The design had been changed to meet the concerns of the Board. Mr. Goldstein questioned whether toxicity to the stream would result when the bridge was refinished, but it was realized that the bridge was light enough to remove from over the stream to refinish it on the land. On motion of Mrs. Latona, seconded by Mr. Murray, the Board unanimously RESOLVED, that this Board directs the Environmental Officer to prepare a negative declaration. On motion of Mrs. Latona, seconded by Mr. Murray, the Board voted unanimously to waive a Public Hearing for the application of Jerry Donatelli for a Freshwater Wetlands and Water Courses Permit. On motion of Mrs. Latona, seconded by Mr. Murray, the following resolutions were unanimously adopted: WHEREAS, Jerry Donatelli has applied for a permit pursuant to Local Law #7-1986; and WHEREAS, this Planning Board has previously determined that the proposed action will generate a negative declaration and that this Board is the appropriate Lead Agency with respect to Environmental Quality Review; and Slime WHEREAS, the Consulting Engineer to the Town has submitted comments and recommendations in writing regarding this application to the Planning Board; and September 13, 1989 -9- WHEREAS, this Planning Board has determined, pursuant to Local 41.14, Law 07, Section 86-6(D) , that the activity proposed is of 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 alternative, and (C) it 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 *owe 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 Jerry Donatelli for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; 2. A cash deposit or bond for $500 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 3. Work involving site preparation shall only take place from Monday through Friday between the hours of 9:00 AM and 5:00 PM. 4. There shall be three (3) anchors to hold the gazebo in place. 5. When the bridge requires maintenance, it shall be moved to dry land for same. September 13, 1989 -10- 6. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever *..r first occurs; APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Mr. and Mrs. T. Webler 35 Sheldrake Avenue Block 221 Parcel 62 Mr. Webler appeared on behalf of the application. He stated that the application had been before the CZMC and obtained its approval. Mr. Trachtman stated that based on the elevations a 100-year flood would be below the lowest structure of the proposed addition. On motion of Mrs. Latona, seconded by Mr. Murray, the Board unanimously RESOLVED, that this Board directs the Environmental Officer to prepare a negative declaration. On motion of Mrs. Latona, seconded by Mr. Goldstein, the Board voted unanimously to waive a Public Hearing for the application of Mr. and Mrs. T. Webler for a Freshwater Wetlands and Water Courses Permit. On motion of Mrs. Latona, seconded by Mr. Murray, the Board unanimously adopted the following resolutions: WHEREAS, Mr. and Mrs. T. Webler have applied for a permit pursuant iewv to Local Law 07-1986; and WHEREAS, this Planning Board has previously determined that the proposed action will generate a negative declaration and that this Board is the appropriate Lead Agency with respect to Environmental 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 07, Section 86-6(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 alternative, and (C) it is compatible with the economic and social needs of the community and will not impose an economic or social burden on the community; September 13, 1989 -11- 3. The proposed activity will result in no more than ebk 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. and Mrs. T. Webler for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; 2. If a relatively small volume of earth is to removed, provisions should be made to remove the excavated material to its final destination on the same day as the excavation. All debris is to be removed prior to the completion of the project. Construction must be in accordance with the requirements of the Town Flood Damage Prevention Code. 3. During construction, in consultation with the consulting Engineer, hay bales shall be installed between the construction and the Sheldrake River. 4. Work involving site preparation shall only take place from Monday through Friday between the hours of 8:30 AM and 4:30 PM. 5. A cash deposit or bond for $1,000 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 6. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occurs APPLICATION FOR FRESHWATER WETLANDS AND WATER COURSES PERMIT Mr. and Mrs. F. Tricarico 771 Forest Avenue Block 210 Parcel 35 Mr. Tricarico appeared on behalf of his application to construct a gazebo. Mr. Hoffman told that Board that under the Town's new SEQRA law this application would be considered a Type II action and that the matter did not need to be referred to the CZMC. September 13, 1989 -12- On motion of Mrs. Latona, seconded by Mr. Murray, the Board unanimously RESOLVED, that the Planning Board is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mrs. Latona, seconded by Mr. Goldstein, the Board voted unanimously to waive a Public Hearing for the application of Mr. and Mrs. F. Tricarico for a Freshwater Wetlands and Water Courses Permit. On motion of Mrs. Latona, seconded by Mr. Murray, the Board unanimously adopted the following resolutions: WHEREAS, Mr. and Mrs. F. Tricarico have applied for a permit pursuant to Local Law 07-1986; and WHEREAS, this Planning Board has previously determined that the proposed action is a Type II action and that this Board is the appropriate Lead Agency with respect to Environmental 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 07, Section 86-6(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 alternative, and (C) it 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; September 13, 1989 -13- 4. The proposed activity will be compatible with the public health and welfare, because of its minor impact in the N " controlled area; AND IT IS FURTHER RESOLVED, that this Board determines that a hearing pursuant to Local Law 07 of 1986 be, and hereby is dispensed with; and BE IT FURTHER RESOLVED, that the application of Mr. and Mrs. F. Tricarico for a permit, pursuant to Local Law #7 of 1986, be and it hereby is, granted subject to the following terms and conditions: 1. This permit is personal to the applicant and may not be transferred to any other individual, entity, or a combination thereof; 2. If a relatively small volume of earth is to removed, provisions should be made to remove the excavated material to its final destination on the same day as the excavation. All debris is to be removed prior to the completion of the project. Construction must be in accordance with the requirements of the Town Flood Damage Prevention Code. 3. During construction, in consultation with the consulting Engineer, hay bales shall be installed between the construction and the Sheldrake River. 4. Work involving site preparation shall only take place from Monday through Friday between the hours of 8:30 AM and 4:30 PM. 5. A cash deposit or bond for $500 shall be furnished to the Town by the applicant to ensure the satisfactory completion of the project and the rehabilitation of the affected or disturbed area. 6. This permit shall expire upon completion of the proposed activity or one year from the date of its issue whichever first occur FURTHER CONSIDERATION OF SEQRA George and Edith Realty Corp. 2434 Boston Post Road Block 503 Parcel 326 Michael Poles, attorney, and Michael Gismondi, architect, appeared on behalf of the application. Mr. Poles stated that he had contacted the Town Engineer and that the sewer lines had been located. He submitted photographs showing the street after three days of heavy rain. Mr. Poles also submitted other photographs showing storm drains and Sherwood Drive. September 13, 1989 -14- On motion of Mrs. Latona, seconded by Mr. Murray, the Board unanimously RESOLVED, that this Board directs the Environmental Officer to prepare a negative declaration. This matter will return to the Zoning Board for variances. Mr. Hoffman commended two article in The New Yorker of August 21st and 28th concerning land use. APPROVAL OF MINUTES On motion of Mr. Murray, seconded by Mr. Donatelli, the minutes of August 9, 1989 were approved. ADJOURNMENT On motion of Mr. Murray, seconded by Mrs. Latona, the meeting was adjourned at 10:41 PM. Bonnie M. Burdick