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HomeMy WebLinkAbout1978_12_13 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD DECEMBER 13, 1978, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCH- MONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. G. Norman Blair, Chairman Mr. Fred L. Maggini Mr. Joseph Rigano Mrs . Mary Carlson Absent: Mr. Edward J. Cibulay Also present: Mr. Charles R. Elfreich, P .E. , Town Engineer APPROVAL OF MINUTES The minutes of the meeting of November 8, 1978 were pre- sented and on motion duly made and seconded, approved as submitted. PRELIMINARY HEARING - REVISED LAYOUT - BLOSSOM GROVE SUBDIVISION Mr. Spencer, the developer of the subdivision , appeared before the Board and said that they wanted to change the lot line between lots 9 and 10. Mr. Spencer said it would increase the frontage of lot 9 and make the lot more ac- cessible. The Board reminded Mr. Spencer that they would still ask for the setback requirements as set forth in the Resolution passed at the time the subdivision was ap- proved. Mr. John Ibelli , who represented the Palmer Avenue Civic Association, looked at the plan and expressed his approval as long as the setback requirements would be complied with. After further discussion the Chairman asked the Secretary to arrange for the Public Hearing at the next meeting. PROPOSED RESTAURANT - 1240 BOSTON POST ROAD Mr. Richard Mannix, an Attorney of 95 Church Street, White Plains, New York, represented Thanos Enterprises, Inc . , who plan to operate the restaurant. Mr. Mannix said that Mr. Tom Voutas , who lives at 304 Fenimore Road, Mamaroneck, will be the owner and supervisor of the restaurant and the building will be constructed by Kullman Industries, Inc. Mr. Mannix stated that the restaurant will be a family restaurant with two dining rooms to accommodate between 175 and 200 patrons with parking for 59 cars and would be open 24 hours a day. g 7 The Board questioned as to whether the proposed building was prefabricated and Mr. Kullman, the builder,said it would be built in 7 or 8 modulars with a partial basement. A question was raised as to the traffic and Mr. Mannix said that they had been in touch with the New York State Department of Transportation who had made recommendations that are incorporated in the plan . The State said that they would monitor the site after the restaurant was in operation to see if they thought it was necessary to impose a left hand restriction on to the Boston Post Road. Mr. Mannix further pointed out that the applicant would pro- vide a 10 ft. buffer strip at the rear of the property which would be permanent and suitably landscaped and along the front there will be a low protective wall which also will be landscaped. The sides and back of the property will be completely enclosed with a new 6 ft. fence and the area which will be set aside for refuse and compactors will be enclosed with a fence. After further discussion, Mr. Blair, Mr. Maggini and Mr. Rigano decided to recommend that the Town Board approve the application even though they expressed concern about the increase in traffic which will be generated by another restaurant. Mrs . Carlson abstained from voting. OLD BUSINESS - MARBOURNE MEADOWS Mr. Blair asked the applicants if they had reviewed the letters that Mr. Elfreich had received from the Westchester County Department of Parks and the Westchester County Health Department. Mr. Van Suetendael , Architect for the developer, said they had reviewed both letters and advised that his people would comply with all the sugges- tions and requests made by both departments . The Board then discussed the question regarding the liti- gation between Mr. Rothman and the developer and after reviewing a sketch Mr. Rothman presented they decided that they could not approve the road as Mr. Rothman sug- gested because they did not want a curved road or a road that did not meet Town specifications. The Board advised that if the Developer desired to compensate the Rothmans for their shrubs they could, but that the Board could not force the developer to make any payment. It was fur- ther pointed out that if the road were to be built as Mr. Rothman had suggested it would require additional blasting. Mr. Roger Sirlin, an Attorney, representing the residents of Fairway Drive, asked if the Board had contacted the Town Attorney as to a legal opinion concerning the Boards right under Article IV Section 400 Paragraph M of the Subdivision Regulations to vary Paragraph E of Article IV Section 400. The Chairman told Mr. Sirlin that he had spoken to Mr. Johnston and was told that the Board should not be swayed by any threats of litigation. Mr. Sirlin said that his clients had obtained the services of a Mr. Carl Rudenbacker, a Professional Engineer, to make a traffic survey. Mr. Rudenbacker said his survey revealed that the increase in traffic would not necessitate three roads and the two access roads that the residents of Fairway Drive were proposing would more than handle the increase in traffic. Mr. Blair said that when the subdivision was first proposed he had had requests from many of the residents of Stonewall Lane to provide three roads and because of the terrain of the property the pro- posed plan is the most logical . The Board pointed out that the Westchester County Traffic Engineer had made a report verbally to Mr. Elfreich implying that the pro- posed homes would have little or no impact on the traffic. Mr. Mantell , one of the developers of the property urged the Board to approve the application and plan as submitted. He said that they had analyzed the proposals submitted by the residents of Fairway Drive and felt that because of the terrain of the property the proposed plan was the most desirable and feasible . After further discussion the Board decided to approve the plan with certain conditions and the following Reso- lution was adopted: WHEREAS, Marbourne Meadows Associates have filed an application for the approval of a subdivi- sion known as "Marbourne Meadows" and shown on the Tax Assessment Map of the Town of Mama- roneck as Block 333 Parcel 66; and WHEREAS, pursuant to Sections 276 and 277 of the Town Law a Public Hearing was held on Novem- ber 8, 1978 and decision was reserved until the meeting of December 13, 1978, all after notice had been published in the official news- paper of the Town of Mamaroneck, the Daily Times; and WHEREAS, this Board has examined the plans and determined that the same are all satisfactory; NOW, THEREFORE, BE IT RESOLVED, that the application of Marbourne Meadows Associates be approved subject to the following conditions : 1 . That the applicants obtain ap- proval of the Westchester County Health Department for all public water supply facilities and public sanitary sewers to serve all struc- tures intended for human occupancy constructed in said subdivision . 2. That the applicants obtain ap- proval from the Westchester Joint Water Works and from the Town Board of the Town of Mamaroneck for the extension 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 . 3. That no building permits shall be issued for the construction of any buildings in said subdivision until the applicants complete all the roadways, utilities and all pub- lic improvements or post a cash depo- sit and/or performance bond in an amount specified by the Town Engi- neer for the completion of such improve- ments , such bond to run for a term of one year and to be issued by a bonding or surety company approved by the Town Attorney as to form, sufficiency and manner of execution. 4. That the applicants in lieu of dedicating land for a recreation area donate a sum to the Town, such sum to be determined by the Town Board and placed in a trust fund pending development of one or more parks or play areas to be used ex- clusively for the development of such neighborhood playground or rec- reation areas , including the acquisi- tion of the land. 5. That the applicants shall install all street improvements in accord- ance with the plans filed with this application and in accordance with the standards and specifications and procedure acceptable to the ap- propriate Town Departments and any revisions which are noted on the final plans. 6. That the appropriate notes be made on the construction plans to comply with the requirements made by the Westchester County Department of Parks, Recreation and Conserva- tion dated November 21 , 1978 and by the Westchester County Department of Environmental Facilities dated November 28, 1978. 7. That the applicants obtain ap- proval from the Westchester County �6 v/ Department of Public Works for the proposed drainage retention areas and structures . 8. That formal offers or 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 the Town Attorney and shall be held by said Attorney until such streets are formally accepted by the Town Board, provided that such delivery of such offers or deeds shall not constitute an acceptance by the Town of the dedication of any such street, highway, easements , or public places, nor waive the pay- ment of necessary title charges and recording fees , but that such accep- tance shall be based solely upon the adoption of a Resolution by the Town Board. FURTHER RESOLVED, that upon compliance with the above conditions , the Chairman of the Plan- ning Board is hereby authorized to sign such subdivision map as evidence of the approval of the same. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:30 P .M. Rita A. Johnson, Secretary 1