HomeMy WebLinkAbout1986_02_12 Planning Board Minutes MINUTES OF A WORK SESSION OF THE PLANNING BOARD OF
THE TOWN OF MAMARONECK HELD FEBRUARY 12. 1985,
IN THE COURT ROOM OF THE TOWN CENTER,
740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK
CALL TO ORDER
The meeting was called to order by the Chairman at 8:27 P.M.
ROLL CALL
Present: Mr. Sanford Bell, Chairman
Mr. Emil Nicolaysen
Mrs. Mary Carlson
Mr. Lester Bliwise
Mrs. Caryl Mahoney
Mr. Gaetano Scutaro
Mr. Anton Schramm
Also Present Mr. Lee Hoffman, Counsel to the Town
Mr. Gary Trachtman, Engineering Consultant
Mr. Steve Altieri, Town Administrator
Ms. Cynthia Fawcett, Recording Secretary
APPROVAL OF THE MINUTES OF SEPTEMBER 12, 1985
M. Carlson raised a question on page two regarding traffic. L. Hoffman
answered that the special permit reads that way, but that he would check
it.
The Chairman asked if the special permit was actually passed on that
date, noting that with the passage of time it is difficult to remember.
M. Carlson added that the site plan was taken up in the October meeting.
The Chairman clarified that on the bottom of the page it should say
"public hearing on the site plan application". L. Hoffman noted this
correction.
M. Carlson then said that on the Maloney-Berringer case she had voted no
and gave her reasons. This is not stated in the minutes; the minutes do
not record any vote.
The Chairman asked, as a matter of mechanics, what they will do with
these changes. L. Hoffman took it upon himself to make sure the minutes
get corrected and is recording the changes as noted.
M. Carlson said that the board has never received corrected minutes. She
would like the corrected minutes circulated. The Chairman said that when
minutes were done they were given to the Chairman first. He agreed they
be circulated to all board members.
M. Carlson noted that requirements in subdivision regulations do not
include length of the cul-de-sac, which is 1500 and 1700 feet. This
inclusion was made.
A. Schramm made the motion to accept the minutes as corrected, and M.
Carlson seconded the motion. The minutes were accepted, as corrected,
unanimously by the board.
APPROVAL OF THE MINUTES OF OCTOBER 9, 1985 MEETING
M. Carlson mentioned a typographical error on page 2, paragraph 2 which
should read "fence".
On the first page, 3rd paragraph "preliminary sight proposal" was
corrected to read "subdivision proposal".
M. Carlson asked if this was the meeting when the public stenographer
walked out, and was answered that no, it was not.
The Chairman asked if it is required that the minutes state that they
were taken off a tape recording. L. Hoffman answered that it was not
necessary. This statement, the last statement on the last page, was
omitted.
L. Bliwise moved to accept the minutes as corrected, which was seconded
by A. Schramm and approved unanimously by the board.
APPROVAL OF THE MINUTES OF THE NOVEMBER 13, 1985 MEETING
The Chairman asked if all board members had copies, noting that he
received these minutes in January. Apparently all board members had
copies.
M. Carlson had a question on page 6 concerning access to lot 7 and 8. L.
Hoffman clarified that the sense of the board was that curbing was not
necessary from an aesthetic point of view. Also, this provided a place to
put snow; without a curb it is much easier to plow. A. Schramm confirmed
this, adding that this resulted from a request from the highway department.
Steve Altieri confirmed this. Otherwise, this is a street built to town
standards and accessible to emergency equipment.
A. Schramm questioned page 4. The board confirmed that the applicant is
required to gather information and present it to the board before blasting.
To date, Gary Trachtman has not received this information. L. Hoffman
added that it might be in by March.
M. Carlson made the motion to accept the minutes as written, which was
seconded by C. Mahoney. E. Nicolaysen abstained from the vote, as he had
not been at that particular meeting. All other board members voted in
favor accepting the minutes as written.
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VARIOUS SUBJECTS - MORATORIUM
The Chairman stated that the moratorium is in effect, and asked what the
status of it is. L. Hoffman answered that it expires at the end of
February. There is a stay on applications for rezoning. There is some
discussion about extending the moratorium.
M. Carlson thought that the moratorium should be extended.
L. Hoffman continued, saying that the Town Board set a hearing for
February 27 to consider local law which would contemplate a 6 month ex-
tension until September 1 of this year. The Chairman asked if that were
constitutional, and L. Hoffman answered yes. He continued, saying that
if there is a master plan, then a moratorium could be imposed as long as
it is in expectation of completion of work. In this case, they are
waiting for the completion of Coastal Zoning. The Joint Planning Board
is not going to have this done by March; maybe they will have it com-
pleted by September. L. Hoffman added that the board can support the
extension of the moratorium on whatever grounds the board thinks is
appropriate.
VARIOUS SUBJECTS - GARFIELD
The Chairman had received a letter from Gary Trachtman on January 7, 1986.
He had assumed that all other members had also received this letter.
However, they had not.
G. Trachtman explained the contents of the letter. The architects decided
that they wanted to change the height of each story and by doing that they
would be able to raise the bottom of the building, but the overall height
of the building would not change, or maybe even lower than before. It
involved a different method of construction. The required roof plan in-
formation was included. He had described this situation in the letter,
the changes involving only minor detail.
The reason for the change was to take advantage of what was available to
them, rather than to have to reconstruct a series of drains and pipes.
M. Carlson asked if the zoning ordinances stipulated floor to ceiling
heights. L. Hoffman answered that the construction requirements for
minimum floor height are governed by state building codes.
A. Schramm emphasized that he had not received a copy of the letter. He
expressed concern that the board worked hard and long in the approval of
the original plan, and he thinks the board should be directly involved in
any plan changes.
L. Hoffman noted that the procedural point is that information that
comes in must be circulated to all the board members. He will take it up
with the Secretary.
G. Trachtman added that when bringing something to a meeting, he brings
sufficient copies for the board. Beforehand, he assumes the town will
make necessary copies.
The Chariman asked for clarification on wording in the letter written by
Gary Trachtman. Is this a "recommendation" or a "requirement"? G.
Trachtman answered that is is a recommendation to the town. He does not
have the authority to make this a requirement.
L. Hoffman explained that if the applicant thinks the plan is acceptable,
then that is the bond G. Trachtman posts. The board gave G. Trachtman the
authority to set the bond.
G. Trachtman added that if, in the future, the board would prefer, he can
send these recommendations to the building inspector and have copies sent
to the board.
L. Bliwise stated that there are two issues. The first is the contents
of the letter, and the second is a question of procedure. L. Hoffman
agreed. He added that in this case the level of changes requested did
not warrant making the applicant come back to the board, particularly
because the impact on the rest of the world was actually smaller than in
the approved plan.
A. Schramm asked what the total change in height was. G. Trachtman
answered that it is on the order of 3-4 feet. A. Schramm repeatedly
remarked that the Planning Board should be involved.
The Chairman agreed that the board should at least be notified, if not
directly involved. L. Hoffman repeated that he had made a note for the
Secretary that all information pertaining to cases will be sent to
every member of the board.
VARIOUS SUBJECTS - THE DON EMILIO LETTER
In the site plan law there is a waiver if both the Building Inspector and
Engineer agree that an issue is minimal it does not need to go before the
Board.
M. Carlson asked for clarification. She understood that because of other
problems, Don Emilio did not get his building permit. L. Hoffman said
that several months ago that was true. The situation has been corrected;
Mr. Paonessa is going to issue the permit. He explained that it is the
opinion of the Counsel's Office that a Site Plan Approval cannot be issued
if there are any violations on the property.
VARIOUS SUBJECTS - THE GARAGE FOR GARFIELD
M. Carlson asked if there is any possibility that negotiation would get
the garage built. L. Hoffman thinks that for the time being that is a
dead issue. They don't think it is economically feasible.
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VARIOUS SUBJECTS - TIME REQUIREMENTS ON SUBMISSION OF INFORMATION
L. Hoffman asked the board if they should require information 20 days
before the meeting. The Chairman reminded the board that during a work
session in September they had talked about a 25 day requirement. A.
Schramm agreed the board needs information sooner.
L. Bliwise thinks there is a problem with a 20 day requirement when
meeting are scheduled every 30 days. The applicants would have only
ten days to prepare information.
L. Hoffman said that most applications don't go one month to the next.
Unless it is something very simple, they all have to wait 2 months if
they submit something that is important. He added that the Zoning Board
procedure has a 15-20 day rule. L. Bliwise thinks 14-18 days is sufficient.
L. Hoffman suggested 15 days. The Chairman noted that this would give the
applicant 2 weeks after the meeting to submit something. L. Hoffman said
he thinks that one of the things that will happen is that applicants will
not try to rush back next month, and will, therefore, take the time to do
it right.
M. Carlson asked G. Trachtman if that will give him sufficient time to
review material. G. Trachtman said that the lead time varied and the submit
time varied. With SEQRA, it is 10-15 days. G. Trachtman suggested that
the board look at the flow chart and indicate if they think it is reasonable.
The Chairman suggested drafting a resolution to accept the flow chart to
which changes can be made in the future. L. Hoffman said that is set up for
the next meeting.
VARIOUS SUBJECTS - WATER WETLANDS
G. Trachtman said he would like to address the preliminary layout stage.
He continued, saying that we are supposed to give information to the
Commission. Actually, we direct the applicant to give information to the
Commission. We have to make a report and then they turn around and hold
a post hearing. Based on the results, they submit a report to the
Planning Board.
The Chairman asked who does the homework on these wetlands applications.
L. Hoffman suggested it should be the engineer's responsibility. G.
Trachtman added that eventually the applications will get back to this
board, unless it is a homeowner. He continued to say that the Commission
will either suggest a permit be issued or rejected. The ultimate
decision will be up to this board.
A. Schramm asked if the board can legally go against the law. G. Trachtman
clarified that once SEQRA is filed, Wetlands is one of the permits that has
to be issued. This is why he thinks the bulk of work should be in the
preliminary layout. After the preliminary layout comes the Wetland Com-
() mission, and the final decision is made by the Planning Board.
L. Hoffman added that the Commission is responsible for consulting with
the Board and rendering a determination within the time limit specified
by the Board.
The Chairman asked if the Wetland Map will have to be accepted by a
Public Hearing. Steve Altieri is not sure if it has to be formally
adopted. He assumes the local law would reference the map.
The Chairman announced that there is going to be a formal meeting between
the consultant and the Board. He wants the members of the Planning Board
to be aware that 1) Shopwell is sold, 2) Hoffman is in the final stages,
and 3) Auto Spa may not build.
L. Hoffman reminded the Board that the Hoffman application has been re-
submitted and it may take a long time.
The Chairman asked what they should tell the consultants. E. Nicolaysen
suggested condominiums for Myrtle and Fifth. A. Schramm considered re-
zoning the area, which both G. Scutaro and M. Carlson agreed with.
L. Bliwise asked who Shopwell was sold to, but no one knew. It was
mentioned that the Honda Dealer is almost finished.
A. Schrauuu suggested a work session for next month. L. Bliwise thought
it would be a good idea to have a map in consideration of rezoning.
The Chairman announced that the Joint Planning Board meets on the fourth
Monday of the month. He thinks it is appropriate for anyone available to
participate in that meeting, which takes place at 8:00 P.M. behind the
Village Center.
The Chairman said that another consideration is the traffic there. An
immediate planning problem is on our side of the thruway. We don't have
any well developed view of what we should do there. E. Nicolaysen asked
why the Planning Board had not been involved in Myrtle. Steve Altieri
answered that it is a state traffic project, known as the "Topic Program".
VARIOUS SUBJECTS - CHANGE IN LOT LINES
The Chairman asked about the change in lot lines. L. Hoffman explained
that he had told him he didn't have to come and see the board. Lot 18
has no restrictions. It's of no consequence to anybody. It is just one
less house in the subdivision. This requires no amending of the Site
Plan. He deeded out a portion of the subdivision, which he can do.
ADJOURNMENT
There being no further business before the Board, A. Schramm moved to
adjourn. The Chairman seconded this motion, and the meeting was
unanimously adjourned at 10:20 P.M.
Cyn is Fawcett, Secretary 42.,