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
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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
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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
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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
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