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HomeMy WebLinkAbout1957_03_04 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK, HELD MARCH 4, 1957, AT POLICE HEADQUARTERS, 11 EDGE WOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:30 p.m. PRESENT: Mr. Fred L. Maggini, Chairman Mr. G. Norman Blair Mr. Joseph Rigano Mr. Henry E. Mullick Mr. John F. O'Conor ABSENT: None ALSO PRESENT: Councilman Peter F. Kane, Jr. Mr. Friedlander - Town Engineer Mr. Delius - Town Attorney Mr. Finson - Town Accountant APPROVAL OF MINUTES On motion by Mr. O'Conor, seconded by Mr. Rigano, the minutes of the meetings of February 4, 1957, and February 25, 1957, were approved as presented. COMMUNICATIONS (1) Rezoning of Blossom Terrace The secretary presented a letter, dated February 27, 1957, from Supervisor George D. Burchell, which referred to a request by several residents of Blossom Terrace to rezone this area so as to decrease the density for two-family resi- dences from the present provision which requires that a two-family house have a lot area of 1/5 acre. 103 0 Mr. Joseph Faillace of 584 Mamaroneck Avenue, Mamar- oneck, appeared and stated that he represented Mr. Negri and Mrs. Warnecke, residents of Blossom Terrace. He explained in detail the problem facing these residents and how this situation had arisen. After discussion, the Secretary was directed to notify the Town Board that the Planning Board would refer this re- quest to their Planning Consultant for his consideration in the over-all study of Zoning throughout the Town now be- ing conducted. (2) Split Tree Realty Corporation The Secretary presented a letter from George R. Bishop, President of the Split Tree Realty Corporation, dated March 4, 1957, requesting that the Board waive the curb requirement as specified in the "Requirements for the Ap- proval of Subdivision Plats in the Town of Mamaroneck, Westchester County, New York" in their subdivision No. 2 for a distance of 186 feet of road on Salem Drive and 158 feet of road on Split Tree Road. Following a detailed discussion of the reasons for this re- quest by Mr. Irwin Oster, an official of the Split Tree Realty Corporation, the Board reserved decision on this request until an inspection of the property could be made by the members of the Board and the Town Engineer. PROPOSED SUBDIVISION--SANKEY REALTY CO. , INC. Mr. James Ward appeared and filed preliminary plans for a proposed resubdivision of lots 6, 7, 8, 10, and a portion of lots 4 and 5 as shown on Subdivision of property located on the corner of Griffen Avenue and Old White Plains Road be- longing to Sankey Realty Co. , Inc. The Board referred this preliminary plan to the Town Engineer for his recommendations. 104 PROPOSED SUBDIVISION--SOUND VIEW WOODS, INC. The Chairman brought up for discussion the proposed subdivi- sion, Sound View Woods, Inc. , upon which decision had been reserved at the meeting of February 4, 1957. Mr. Joseph E. Muson, attorney representing Sound View Woods, Inc. , appeared and stated that the conditions as set forth by the Planning Board had been complied with and that they were ready to proceed with the necessary bond as soon as the Board determined the amount. Mr. Delius confirmed that the title to Block 227 - Parcel 1 had been acquired by the applicant and stated that the necessary deeds of dedication of the roads and easement agreements were in his possession. Mr. Friedlander advised that the bridge plans had met his ap- proval and that he estimated the costs of construction of the roads, curbs, bridge, etc. to be $155, 740. 00. Whereupon, on motion by Mr. O'Conor, seconded by Mr. Blair, the following resolution was unanimously adopted: WHEREAS, Sound View Woods, Inc. has heretofore filed with this Board a map or subdivision plat entitled, "Map of Sound View Woods - Section One in the Town of Mamar- oneck, Westchester County, New York, made by James P. Ward, Surveyor, New York State License 18922, and dated December 21, 1956", in accordance with the provi- sions of the Town Law and the specifications for street improvements contained in the "Requirements for the Ap- proval of Subdivision Plats in the Town of Mamaroneck, Westchester County, New York", adopted by this Board on October 15, 1955, together with a final layout showing streets, drains, easements, pavements, curbs, and water, together with construction drawings prepared in accordance with the provisions of Section 6 of said "Re- quirements for the Approval of Subdivision Plats in the Town of Mamaroneck, Westchester County, New York", all of which have been approved by the Town Engineer; and WHEREAS, a public hearing was duly held pursuant to 105 the provisions of Section 276 of the Town Law after notice pub- lished in The Daily Times on January 28, 1957; and WHEREAS, this Board has examined the subdivision map or plat, together with other details submitted in accordance with the final layout has determined that same are satisfactory subject to the conditions hereinafter recited, NOW, THEREFORE, BE IT RESOLVED that the subdivision map or plat entitled, "Map of Sound View Woods - Section One in the Town of Mamaroneck, Westchester County, New York, made by James P. Ward, Surveyor, New York State License 18922, and dated December 21, 1956", together with the specifications submitted and ap- proved by the Town Engineer, are hereby approved pursuant to the provisions of Section 276 of the Town Law to the end that the subdivision map or plat may be filed in the County Clerk's Office, subject, however, to the following conditions: (1) That no building permit shall be issued for the construction of houses on lots 1 through 33 in- clusive in Section One of said subdivision un- less or until Sound View Woods, Inc. has fur- nished a bond in the sum of $155, 740. 00 for the completion of such improvements, such bond to run for a term of three years provided, however, that the term of such bond may be ex- tended by the Planning Board, or, at any time during the term of the performance bond, may be modified to an appropriate amount so that the new face value of such completion bond will cover the cost in full of the improvements re- quired, but taking into account improvements already installed, such modification or reduc- tion to be made after due public notice and pub- lic hearing as required under Section 277 of the Town Law. (2) That no building permit shall be issued for any lot or portion of land in such subdivision unless and until the remaining portions of all the streets shown on the map hereby approved are completed in accordance with the construction drawings filed 106 with this application and the specifications for street improvements contained in said "Requirements for the Approval of Subdi- vision Plats in the Town of Mamaroneck, Westchester County, New York", or, in the alternative, an additional completion bond be furnished in such amount as this Board may fix after notice and public hearing. FURTHER RESOLVED that deeds, releases, or grants for street rights and easements are received solely for the purpose of compliance with Section 277 of the Town Law and Section 3 of the "Requirements for the Approval of Subdivision Plats in the Town of Mamaroneck, Westchester County, New York", and that the filing of same shall not constitute the dedication of any streets, highways, or ease- ments, until after the approval by the Town Board, nor constitute a waiver of the payment of the necessary title charges and recording fees. PROPOSED SUBDIVISION--PROPERTY OF EDNA FORBES ORMAND PLACE Dr. Arnold S. Breakey and Mr. Jerome N. Wanshel appeared and informed the Board that they were attempting to arrange an agree- ment which would eliminate the litigation presently pending in con- nection with the acceptance of Ormand Place as a Town highway. Mr. Wanshel requested that the Planning Board not entertain any action in connection with the proposed subdivision of Mrs. Forbes' property until such time as a determination had been made by the Court with regard to the pending litigation. Councilman Kane requested that the record show that as the liaison between the Town Board and the Planning Board, he had confirmed the fact that litigation was pending regarding the acceptance of Or- mand Place as a public street. No action was taken. 107 ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 10:00 p.m. , to reconvene on April 1st, 1957. Acting Secretary 108