HomeMy WebLinkAbout1970_08_12 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN OF MAMARONECK PLANNING
BOARD HELD AUGUST 12, 1970, IN THE COUNCIL ROOM OF THE WEAVER
STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, TOWN OF
MAMARONECK.
CALL TO ORDER
The Chairman called the meeting to order at 8:30 P.M.
ROLL CALL
Present: Mr. Fred L. Maggini, Chairman
Mr. Joseph Rigano
Mr. G. Norman Blair
Mr. Howard W. Hand, Jr.
Mr. Edward J. Cibulay
Also present: Mr. William P. Widulski, Town Engineer
APPROVAL OF MINUTES
The minutes of the meeting of May 13, 1970 had.been
mailed to members of the Board after the last meet-
ing of June 10, 1970 and returned to the Secretary.
All members expressed their approval of the minutes
as submitted.
• The minutes of the meeting of June 10,.1970 were
presented and on motion duly made and seconded, ap-
proved as submitted.
PUBLIC HEARING - SUBDIVISION OF BLOCK 222 PART OF PARCEL 528 -
BONNIE BRIAR LANE AND WEAVER STREET
The Chairman asked the Secretary to read the Public
Notice.
PLEASE TAKE NOTICE that the Town of Mamaroneck Plan-
ning Board will hold a Public Hearing on August 12,
1970 in the Council Room of the Weaver Street Fire-
house, Weaver Street and Edgewood Avenue, Larchmont,
New York at 8:15 P.M. on the application for the
approval of a subdivision of a lot located on the
northeast corner of Weaver Street and Bonnie Briar
Lane and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 222 Part of Parcel 528.
TAKE FURTHER NOTICE that all persons present will
be given an opportunity to be heard.
The Chairman stated that at the Planning Board meet-
ing of June 10, 1970 the Board had discussed this
application and there were questions as to the lo-
cation of the sewer and water drainage from the brook.
Mr. James C. B. Millard, Jr. of 19 Pryor Manor Road,
the applicant stated that he had tax bills to show
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he was the record owner of Block 222 Parcel 535 and
he represented Mary M. Tole, the owner of Block 222
Parcel 435 who resides at 240 Garth Road, Scarsdale.
The applicant said that both lots 2 and 3 have a
frontage of 100 feet on Bonnie Briar Lane which is
a dedicated public street. Mr. Millard pointed out
that each lot contains more than the required area
for an R-15 Residential Zone.
The applicant stated that he had his surveyor, Mr.
Thomas McEvoy, prepare a topographical survey which
shows the location of the present sewer invert and
a 16" water main running down Bonnie Briar Lane.
Mr. Millard said that the Board had been concerned
about the possible problems of water flowing on to
the lots particularly lot 2 as the Sheldrake River
is not able to absorb the overflow and he had con-
templated moving the house in a westerly direction
to avoid the higher water elevation. The applicant,
also, stated that as the owner of Lot 3 and the Attor-
ney representing Lot 2 he would create such easements
for water and sewer that may be necessary to faci-
litate house connections to the existing utilities.
Mr. Paul Ryan of 14 Bonnie Briar Lane, who is the
President of the Bonnie Briar Lane Assocation said
he represented 27 home owners. Mr. Seymour D. Lewis,
17 Bonnie Briar; Mr. Walter Bopp, 9 Bonnie Briar
Lane; Mr. Theodore Meier, 26 Bonnie Briar Lane and
Mr. Frank Giacomo of 2 Bonnie Briar Lane were pre-
sent at the meeting.
Mr. Ryan said that the Assoication had bought a por-
tion of Bonnie Briar Lane from Mr. Moody in 1960
and was of the opinion that some of the section of
Bonnie Briar Lane between Weaver Street and the Shel-
drake River was included. The Association, also,
objected to the application because they felt there
would be an increase in traffic. Mr. Ryan stated
that because of the sharp grade and turn on Bonnie
Briar Lane it cannot bear additional traffic and
that he had measured the roadway and it was only
30' wide. The Engineer pointed out that the road
right-of-way is actually 50' having a 30' pavement
with a 10' strip on each side. Mr. Widulski noted
that a search of Town records indicated that the
portion of Bonnie Briar Lane from Weaver Street to
a short distance beyond the Sheldrake River was Town
owned from property line to property line.
Mr. Millard stated that he had limited the subdivi-
sion to only two building lots even though it would
have been possible to obtain three lots. The appli-
cant, also, said that he would move the proposed
house on lot 2 in a northerly and westerly direction
and place the driveway on the other side to avoid
flooding of the Sheldrake River which occurs period-
r
ically. The Board pointed out that because lot 3
was high it would not present any problem with re-
gard to flooding. The stream is on private property
with neighboring properties also owning to the center
line of the stream and any improvements should be a
joint venture of the home owners. Mr. Millard agreed
to an easement over lot 2 to lot 3 for the stream
maintenance if the Town wanted it. The Engineer
pointed out that sewer and water was available at
the site.
After a brief discussion the Board approved the ap-
plication and the following Resolution was duly adopted:
WHEREAS, Mr. James C. B. Millard, Jr.,
owner of the premises located at the north-
east corner of Weaver Street and Bonnie
Briar Lane and known on the Tax Assessment
Map of the Town of Mamaroneck as Block
222 part of Parcel 528 has filed with this
Board an application for the approval of
the subdivision of this plat; and
WHEREAS, pursuant to Section 276 of the
Town Law, a public hearing was held on
August 12, 1970 after notice was published
in the official newspaper of the Town of
Mamaroneck, the Daily Times; and
WHEREAS, this Board has examined the plans
and determined that the same are all sat-
isfactory;
NOW, THEREFORE, BE IT
RESOLVED, that the application of Mr. James
C. B. Millard, Jr. be and the same is hereby
approved; and
FURTHER RESOLVED, that the Chairman of
the Planning Board is hereby authorized
to sign such subdivision plat as evidence
of the approval of same by this Board.
APPLICATION OF MR. ADAM LIBERTELLA - BLOCK 103 PARCEL 5 -
685 WEAVER STREET
Mr. Libertella had applied to the Town Board in April
1970 for a Special Permit to construct a 36'x23'
swimming-wading pool and appurtenances and his appli-
cation had been denied. The applicant explained
that he was reapplying for a smaller pool. The pro-
posed pool is to be L-shaped, 27x30x13 and 3'3" in
depth. Mr. Libertella said he had also changed the
application in regard to the age group which would
now be limited to a 3 to 6 year age group and the
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enrollment would be approximately 30 children at
each session.
The Chairman asked about the backwash and Mr. Liber-
tella said it would run into a drywell but when it
was completely emptied it would run into the sanitary
sewer.
A question was raised as to the traffic on Weaver
Street and Mr. Libertella stated they pick up the
children in their own station wagons. The applicant
said that there were few parents picking up or drop-
ping off children.
Mr. Joseph Ward of 693 Weaver Street said he objected
to the application because the property in question
had always been called the Monroe Nursery School but
now the name was changed to Weaver Day Camp. Mr.
Ward stated that the school had previously been in
operation only in the winter time and the children
had been kept inside. Mr. Blair stated that his chil-
dren had attended summer sessions at the school some
years prior and that to his knowledge the Monroe Nur-
sery School didoperate a summer session. Mr. Ward
pointed out that the operation of a day camp was against
the Zoning Regulations and that this increase in use
would devaluate his property which now carries high
real estate taxes.
Mr. Richard P. Segalini of 810 Weaver Street said
he opposed the application. Mr. Segalini stated that
he thought the area was strictly a residential sec-
tion and by expanding the nursery school the charac-
ter of the neighborhood would be changed to an indus-
trial center. It was pointed out by the Board that
Mr. Segalini's property is quite a distance from the
proposed swimming pool. Mr. Segalini said he was
concerned about the increased traffic on Weaver Street
which would occur if the pool is allowed. Mr. Sega-
lini feels the construction of the pool will bring
about increased enrollment.
Mr. Libertella pointed out that Mr. Ward had wanted
to purchase the Nursery School property prior to the
time he had purchased the land.
After closing the public discussion the Board members
agreed that the new proposal was more acceptable than
the first in that the shape of the pool more suited
the property, a greater distance to the property line
was provided and the size and depth was in keeping
with the age limitations.
After further discussion the Board decided to send
their recommendations approving the application to
the Town Board with the Chairman, Mr. Maggini, the
only member in opposition to the application. Mr.
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Maggini said he opposed the application for the same
reasons he had voted against the first application.
Mr. Maggini's reason's were as follows:
1. That approval of this application would con-
stitute an enlargement and extension of a non-
conforming use of property located in a residen-
tial area.
2. That an additional hazardous traffic situa-
tion would be created on Weaver Street.
3. That the proposed dressing rooms and showers
would be inadequate for the proposed child load.
4. That the approval of the application would
be increasing a commercial usage in a highly
restricted and rather expensive one family resi-
dential area.
The Chairman asked the Engineer to obtain from the
Town Attorney a definition of Nursery School as it
pertains in the Zoning Ordinance.
ADJOURNMENT
There being no further business to come before this
meeting it was adjourned at 10:30 P.M.
Rita A. John n, Secretary
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