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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 (oar r 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 411 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. r411119 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 6 IO J