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HomeMy WebLinkAbout1957_10_07 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 7, 1957, AT POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMA RO NECK. 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. John F. O'Conor ABSENT: Mr. Henry E. Mullick ALSO PRESENT: Mr. Peter Kane-Town Councilman Mr. John Delius,-Town Attorney Mr. Maurice Friedlander-Town Engineer and Building Inspector PUBLIC HEARING--BRIAR DEL HOMES, INC. The Secretary presented the affidavit of publication of the notice of Public Hearing as published in the offi- cial newspaper of the Town of Mamaroneck, The Daily Times, on October 3, 1957. The Chairman declared the hearing open and inc:uired whether anyone present wished to be heard either in favor of or in opposition to the application. Mr. Harold Blass, attorney representing the appli- cant, Briar Del Homes Inc. , addressed the Board and ex- plained details of the proposed subdivision which is lo- cated on the eF-sterly side of Winged Foot Drive. He 148 stated that his clients will install the utilities in- dicated on the construction drawings as soon as possi- ble and that at the present time, they would not re- quest any building permits. He requested the Board to approve the plat or map without the necessity of posting a performance bond until they are ready to apply for permits, at which time they would return to the Board to secure a deter- mination of what amount the Board would require for the bond, such amount would be based upon the improve- ments still to be completed. A lengthy discussion followed between the members of the Board, Mr. Blast and Mr. Delius, who explored and discussed in detail what conditions would be necess- ary to protect the Town of Mamaroneck. There being no one else who wished to be heard on this application, on motion by Mr. Blair, seconded by Mr. O'Conor, it was unanimously RESOLVED that the Publis Hearing on the applica- tion of Briar Del Homes, Inc. , be and it hereby is declared closed. Whereupon after some further discussion, on motion by Mr. O'Conor, seconded by Mr. Blair, the Board unanimously adopted the following resolution: WHEREAS, Briar Del Homes, Inc. has heretofore filed with this Board a map of subdivision plat entitled, "Subdivision Map of Briar Del Homes, Inc. , Town of Mamaroneck, Westchester County, New York, made by Thomas J. McEvoy, N. Y. License T21387, dated September 14, 1957, County Block 3697, Sheet 36.", in accordance with the pro- visions of the Town Law and the specifications for street improvements contained in the "Re- quirement for the Approval 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 149 Section 6 of said "Requirements 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 WHESE S, a public hearing was duly held pursu- ant to the provisions of Section 276 of the Town Law after notice published in the Daily Times on October 3, 4.957; and WHEREAS, this Board had examined the subdivi- sion map or plat together with other details submitted in accordance with the final layout and has determined that same are satisfactory subject to the conditions hereinafter recited, NOW, THEREFORE, BE IT RESOLVED that the plat or subdivision map of Briar Del Homes, Inc. together with the con- struction drawings showing installation of sanitary sewers, drains, water curbs, and road pavement, be approved but only upon con- dition that the Town of Mamaroneck is able to obtain without cost from the County of West- chester a 10 foot sewer easement through the property owned by the County of Westchester and/or the Westchester County Park Commission through lands of the "Westchester County Park- way" from the northerly boundary of lot #8 as shown on the subdivision map to Avon Road and as more particularly shown on the construction drawings, such easement to be applied for by the Town of Mamaroneck; FURTHER RESOLVED that the Chairman of this Commission or Board be authorized to sign the map as evidence of the approval of the Plan- ning Board only after such easement is ob- tained by the Town of Mamaroneck and after approval of the subdivision map by the West- chester County Department of Health as to public water supply and sanitary sewers. FURTHER RESOLVED that no building permit shall be issued for any houses to be constructed in the area of said subdivision unless or until 150 all street improvements and utilities as here- above specified are completed in accordance with the construction drawings and the "Require- ments for the Approval of Subdivision Plats in the Town of Mamaroneck", or the alternative that a performance bond to be given in an amount fixed by the Town Engineer which shall be an amount necessary to complete the improvements within three (3) years. FURTHER RESOLVED that all such improvements shall be completed not later than three (3) years from the date of this resolution. FURTHER RESOLVED that upon completion of the street improvements, the Briar Del Homes, Inc. shall furnish a maintenance bond for a period of one (1) year. FURTHER RESOLVED that Briar Del Homes, Inc. shall file with the Planning Board the cession deeds for street requirements, sewer and water easements, including a 50 foot easement from Briar Dell Circle southerly to the lands of the Westchester County Park Com- mission, Cross County Parkway property as more particularly shown on construction draw- ings, and a 10 foot sewer easement through lot #5 as shown on said construction plans; such easements to be contained in instruments meeting the approval of the Town Attorney. FURTHER RESOLVED that deeds, releases, or grants 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", and that the filing of same shall not constitute the dedication of any streets, highways, or easements, until after approval by the Town Board, nor waive the payment of the necessary title charges and recording fees. ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 9:40 p.m. , to reconvene on November 4, 1957. Secretary 151