HomeMy WebLinkAboutAddendum A Study of Land Use Regulations and Development Impacts in the Golf Course Area Revised 8/1/1989 U
1
I
' ADDENDUM
A 11r.-Lxdy of Land Use Regulations
U and Development Imnpacts in
t1ie Golf Course Area
I
T own of Mamarone cl�
' June 1989
Revised August 1989
Shuster Associates
' I"laxnnixng Consultants
•
1
1
'3
I RD 1 BOX 259
STONE RIDGE
NEW YORK 12484
(914)687-0758
I Community Planning, Zoning, Site Planning and Design, Environmental Impact Studies and Traffic Planning
SHUSTER
ASSOCIATES
PLANNING k ZONING
MMENEMMEIN
I
I
August 1, 1989
I
Mr. Steve Altieri, Administrator •
11 Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10534
I Re: Addendum: Golf Course
Area Study
II Dear Mr. Altieri:
We submitted our findings and conclusions concerning land use
I regulations and development impacts in the golf course areas in
July 1988. Since that time, a number of meetings and discussions
have been held to review the findings and conclusions of that
study. As a result, we have prepared the attached Addendum to
Ithe study.
We are prepared to work with you to refine and implement our
' recommendations.
Sincerely,
.. _
Daniel Shuster
I DS:vw
Attachment
I
I .
it . . •
1
�I
CONTENTS
• PAGE
' A. INTRODUCTION 1
B. BASIS FOR R-50 REZONING 2
C. CONCENTRATED HOUSING OPTION 3
D. PROPOSED ZONING AMENDMENT 4
1. Summary
2. Proposed Text
' MAPS
FOLLOWING PAGE
1 . PROPOSED R-50 DISTRICT 11
1
1
1
1
1
1
1
1
i
1 �
AM.- INTRODUCTION
Our initial report in July 1988, analyzed a number of zoning
options and determined that average density (cluster)
development was the most appropriate means to preserve the
important natural resources of the large open spaces in the
I 1 study area, if any development were to take place. In fact,
we recommended that the Planning Board be empowered to
require such development when it found that it was necessary
for preservation of wetlands, flood plains, wildlife habi-
t tats and similar critical environmental features. With this
tool in place, we were of the opinion that further modifica-
tions to the zoning density in these areas were unnecessary.
1
The Town Attorney has advised, however, that although a
IPlanning Board may require that a proposed development
comply with the general standards for cluster development,
1 it may not mandate that such development be in the form of
townhouses, as opposed to single family homes. Although a
single family home cluster development would preserve more
of the site' s sensitive natural features than a conventional
subdivision, such development on, say, 10115, 000 square foot
1 lots would generate considerably more site disturbance than
the same, or even greater, number of townhouses or attached
1 homes. Therefore, we suggest a two-pronged approach as
follows:
I
1
1
I
1 ; 1
I
1
33 - BASIS FOR R-5(3 REZONING
' ' tive nature of the three golf c
The extremely sensitive courses and
reservoir, as documented in the Town' s approved Local
IWaterfront Revitalization Program (LWRP) indicate that a
lower density than the current R-30 is justified even if
Idevelopment were in the form of single family homes under
cluster provisions. The importance of these areas for flood
Iprotection, drainage management and fish and wildlife
protection were specifically recognized when the Town
I designated the Reservoir--Sheldrake-.-Leatherstocking complex
and Hommocks--Hampshire complex as Critical Environmental
Areas (CEA) under the provisions of the State Environmental
IQuality Review (SEQR) Act.
IA new R-50 District (requiring 50,000 square feet of site
area per lot) was created to implement recommendations in
Ithe LWRP. All of the adjacent land in the Town along the
Larchmont Harbor/Long Island Sound shore line was included
Iin this district. The golf courses, the reservoir, the
conservation areas and a few intervening parcels certainly
I warrant the same designation on the basis that they comprise
an interconnected network of environmental factors that is
especially sensitive to the impacts of urban development. A
Isuggested delineation of such an R-50 District is illu-
strated on the attached map.
I
The area delineated includes Bonnie Briar, Winged Foot and
I Hampshire golf courses, the reservoir property, the Hommocks
Conservation Area, the Hommocks School and recreation area
and a number of adjacent privately owned parcels. Of these
Ilatter, 25 out of 35 exceed the proposed 50 , 000 square foot
minimum lot size.
1
I2
L 1
L
I
IIC - CONCENTRATED HOUSING OPTION
I - Since clustering in the form of townhouses or similar
concentrated housing is the most efficient way to preserve
Ilarge areas of open space and protect fragile environmental
features, we believe that such provisions are even more
I important than those which deal only with density. There-
fore, we suggest that the "average density" regulations
I proposed in our earlier report be modified to provide an
option to encourage such development once the R-50
designation has been implemented. The option would allow
Ithe maximum number of townhouses or similar units permitted
to be computed at the density of the R-30 District, upon
Iapplication to and approval by the Planning Board of a
special use permit. (Clustering of single family homes
Iwould be based on the R-50 density. )
In order to ensure that the primary objectives of cluster
I development--preservation of important natural features--is
achieved, the regulations for the option establish maximum
IIlimits for site disturbance of any nature and for coverage
by impervious surfaces (roof tops, roads, parking areas,
Ipatios, etc. ) .
I
I
I
1
I
LI 3
1
II
MD - PROPOSED ZONING AMENDMENT
IThe above approach will provide the Town with the necessary
tools to deal with any development proposals in the golf
Icourse area in the most responsible manner. Set forth below
is a summary of the proposed amendments to the Zoning
I Ordinance to implement the above recommendations followed by
the complete text of the amendments.
Summary of Proposed Amendments
Ii.
a. The provisions only apply to the R-30 and R-50
Districts.
Ib. A minimum site area of 50 acres is required.
c. Only single family homes or townhouses (or a com-
Ibination of both) are permitted.
d. A formula is provided to establish that the number
I of homes permitted is no more than would be allowed
in a conventional subdivision.
e. Lots for single family homes must comply with the
1 regulations of the R-10 District.
f . Standards for townhouse development are provided
I including a provision that the number of units may be
computed as.. if the site were located in an R-30
District, when the Planning Board finds that such
I development is appropriate to protect and preserve
natural features on the site, regardless of the 1
actual district in which it is located.
II g. At least 40% of the site must be preserved as open
space.
' h. The Planning Board is authorized to require use of
these provisions when it finds that certain features
exist that it would be beneficial to the Town to
preserve via clustering, such as wetlands, flood
I hazard areas, designated critical environmental
areas, golf courses and other recreation facilities ,
or other unique natural features.
II
I4
I
1
1
•
•
' 2. Complete Text
a. Zoning Map Amendment
' The Official Zoning Map of the Town of Mamaroneck,
New York, adopted June 29, 1959, and last amended
' , shall be further amended to indicate the
location of the R-50 District as shown on the at-
tached map.
' b. Cluster Development Amendment
A new §89-15 .1 shall be added, as follows:
' §89-15.1--AVERAGE DENSITY SUBDIVISIONS
' A. Authority of Planning Board
Authorization is hereby granted to the Planning
Board, pursuant to Section 281 of the Town Law, to
' vary the zoning requirements as to lot size, lot
width and yard requirements in connection with a
proposed subdivision plat, subject to the stan-
dards and procedures contained herein. The Plann-
ing Board is further authorized to require such
modification where it finds that it will be in the
' public interest to preserve significant natural
features ( such as wetlands, woods, drainage ways,
etc. ) or important views, or significant open
space or recreation opportunities. Prior to
' exercising this latter authority, the Planning
Board shall adopt rules and regulations to ensure
that the guidelines established in paragraph I ,
below, will be followed.
B. Purpose
' The purpose of modifications in accord with this
section shall be to enable and encourage
flexibility in design and development so as to
' promote the most appropriate use of land, to
facilitate the adequate and economical provision
of streets and utilities, and to preserve the
' natural and scenic qualities of open lands. In
particular, these provisions are intended to
encourage preservation of important natural
features such as wetlands, flood plains and
' wildlife habitats and large open spaces such as
golf courses.
5
1
l _
C. Areas of Applicability
This authorization shall be applicable to all
' lands in the R-30 and R-50 Districts,
notwithstanding any other regulations or
procedures applicable to residential development.
D. Permitted Uses
' Permitted uses within a subdivision under this
section shall be limited to single family homes
and attached townhouses, subject to the standards
set forth in E. below.
E. Development Standards and Controls
' Except as specified herein, all development
standards, and controls otherwise applicable to
residential subdivisions and uses shall also be
applicable to a subdivision under this section.
1. Minimum Site Area
The provisions of this section shall apply
onl sites having a gross area of at least
50 acres.
2. Number of Lots or Dwelling Units
' The maximum permitted number of lots or
dwelling units within an average density
subdivision shall not exceed the number that
' would be achieved if the land were subdivided
into lots conforming to the minimum lot size
and density requirements applicable to the
district in which the land is situated and
all other applicable requirements, except as
set forth in 5. e. below. The maximum number
of lots or dwelling units shall be determined
as follows:
a. The gross site area shall be reduced by
20% to reflect the area that would be
required for streets and irregular lots
in a conventional subdivision.
6
I :: ---
•
The area thus derived shall be further
I reduced by the area of any existing
permanent easements which preclude
I . development and the area of any desig-
nated wetland or 100-year flood hazard
zone.
Ic. The resulting net area shall be divided
by the minimum required lot area in the
district to derive the number of lots
I could be achieved under the basic
prevailing zoning.
I As an alternate to the above formula,
the applicant may submit a subdivision
plat meeting all applicable provisions
I of the zoning and subdivision
regulations that demonstrates a greater
number of lots could be achieved under
the basic prevailing zoning.
I3. Average Lot Area
I a. Under this section, lots may be reduced
in area below the minimum lot size
required in the district provided that
the average size of all lots created in
the subdivision is not less than the
I minimum required in the district.
I b. Land set aside as permanent open space
shall be for common use by all lot
owners in the subdivision and/or for use
I as public park lands or recreation area,
in accord with the provisions of G.
below. The area of such land may be
included to determine the average lot
I size.
4. Lot Dimensions for Single Family Homes
IAll lots for single family homes shall
have an area of at least 10 ,000 square
I feet and shall comply with the minimum
requirements established in the R-10
District.
I -
1
7
II
1 -
•
5. Standards for Attached Townhouses
a. The length of any structure shall not
exceed 120 feet and no more than six
townhouses may be attached in a
continuous structure.
b. Townhouses must be at least 20 feet
wide.
' c. Townhouses shall not exceed three
stories or 30 feet in height.
' d. At least. 2.5 parking spaces shall be
provided for each townhouse.
e. Upon specific findings that development
' of attached townhouses will more
effectively achieve the objectives of
this section and is more appropriate to
' the protection and preservation of
natural resources on the site, the
Planning Board may permit the total
' number of dwelling units under 2. above
to be computed as if the site was
located in an R-30 District, regardless
of the actual district in which the site
' is situated.
f. In any instance where the Planning Board
' utilizes the provisions of e. above, it
shall require that no more than 10% of
the gross site area be covered with
' impervious surfaces of any kind (roof
tops, roads, parking areas, patios,
paved tennis courts, etc. ) and that no
more than 25% of the gross site area be
disturbed in any manner including
grading, landscaping, detention ponds,
etc.
' 6. Joint Single Family/Townhouse Develop-
ment
In the event development of both town-
' houses and single family homes are
proposed, the permitted number of units
' shall be determined on a proportional
basis.
1 ,
8
•
I .
IIF. Review Criteria
In acting on a proposed plan, the Planning
I Board shall give particular consideration to
the following criteria:
1. That the proposed subdivision will not
I have a substantial or undue adverse
effect upon adjacent property, the
character of the neighborhood, traffic
I conditions, parking, utility facilities,
and other matters affecting the public
health, safety, and general welfare.
I2. That individual lots, buildings, and
streets are designed and situated to
II minimize alteration of the natural site
features to be preserved.
3. That any open space to be preserved
' includes irreplaceable natural features
located on the site ( such as, but not
limited to, stream beds, significant
II stands of trees, individual trees of
significant size, and rock outcroppings)
to the maximum extent feasible.
II,
I 4. That the proposed subdivision will be
served adequately by essential public
facilities and services such as high-
II ways, streets, police and fire protec-
tion, drainage structures, water and
sewer systems.
IG. Preservation of Permanent Open Space
1. A least 40% of the gross site area shall
Ibe preserved as permanent open space.
2. If open space is not dedicated to public
I use, it shall be protected by legal
arrangements, satisfactory to the Town
Attorney, sufficient to assure its
I maintenance and preservation for what-
ever purpose it is intended. Covenants
or other legal arrangements shall
specify ownership of the open space;
I methods of maintenance; responsibility
for maintenance taxes and insurance;
compulsory assessment provisions;
IIguarantees that any association formed
9
II
1 •
1
to own and maintain open space will not
' be dissolved without the consent of the
Planning Board and any other specifica-
tions deemed necessary by the Planning
' Board to ensure that such open space
will remain undeveloped in perpetuity.
H. Prohibition to Resubdivide
∎
' The final plat shall include notation that
e any lot created under the provisions of this
' 03. section, including permanent open space,
shall not be resubdivided.
›l
I I. Guidelines for Required Use of Average
Density Procedures
' The Planning Board may require that a sub-
division plat be modified in accordance with
provisions of this section when it finds that
one or more of the following conditions
' exist:
1. The site contains a designated wetland.
' 2. Any portion of the site is within the
100-year flood hazard area.
' 3. The site is within or adjacent to a
Critical Environmental Area designated
by the Town Board pursuant to §617 .4 of
' 6 NYCRR Part 617, the regulations
implementing the State Environmental
Quality Review (SEQR) Act.
' 4. The site contains a golf course or other
large recreation facility or other
unique or unusual physical feature which
' the Planing Board determines can best be
preserved by use of the provisions of
this section.
1
10
1
' J. Procedures
Any residential development proposed under
' the provisions of this section shall be
subject to all applicable procedures, stan-
dards and requirements of the ordinance
' governing the subdivision of land and the
approval of site plans in the Town of Mamaro-
neck.
1
881266 .PA
8717622.ad
1
1
1
1
1
1
1
11
I 2 — 4 5
6 ji'
/ IIr; jG Ind
I,
4.4■100 •...: i <
•
. . �' *
•
/ I.�� \; r: ! s e
„4.N. .,,, jf / •
..,„., ,.., ,,
._.,,,,,,,,,,,,;„r \ W 4'. `, • \ .
j�, ` ' n `� 20 a'� = x I=t ,:;�
4 ,::,...s.,
�- r •��j � a '* S� r gy§” I•
01 ' As 40111.)!In.'lil,?#.41.,44-„2 .'-=';'°;,..'14,':Irgii.v,....,., ?„,„
. .
11 II a
r• /A -Pa '^�^' F { ' �,y ' r¢ t � ;cGb . �3; v LJ•f z
', :? P.. ,; a$ k: e € �r a � k s/§ 17f t { J fi y 30 , 4 , y ,•.4
z> \liC
.410)'‘W-tiittliti:S114.2-...,4-' '•$,: •,,,,A•" r♦ 1� y
t•
• f. \� fif � �r�f t v l o/ ti r vsch��♦'�Ar�I ♦ /1tIr-oV `\ i 0✓ aa
•
'1 fy S,
.ntliy. @:i o% . win:P1 .. 4. .∎"flit�`�' -" PROPOSED R=50 DISTRICT
'r = o: ail\ ♦ 414.14.� v� f►
\!l s' a /i'OI�♦# f` ��`;/ti i•1 �i �7"
, kit Z'.�,i!;' �, %.;C� ��.,►• del � ,,!ilk pp•
., ♦♦ ♦bPia Ok'�`\ DSO` ® o`. �t ��„'•
t ��� °�, J• I i ♦`V��� � � ONE FAMILY M
'• it niT.40� G''�*W.'I . RESIDENCE DISTRICTS
Wit* i QQ� \ r . p♦�.. r�Ij�y♦ `�� R-30 30.000 square feet
• l tA,1`�1 ., \i • \ � �. / R 20 20.000
;hii ... ` `,;`\\w� .per ' � �, ,G R-15 15.000 - - —
0 k q0:-.iota,x V�� , !�C1i. R-10 5 1 0,000
1 ►.�1/4 � ` �• e/\ �o� �i� R 6 5.0 00
_^_ ,, - .0. ���.. ',�� RESIDENCE DISTRICTS
�� � ��I V R-2F Two family
\-� 1� °a y 44 ' ,` R A Attached residence
• �p•��jr ;!,fr. a �/' p ��_�� R-GA Garden apartments
eta �\ R TA Tower
1,..f-, B A c�/� )j ?�jj�¢ ,i� _ �1/4 BUSINESS DISTRICTS
,•� � '.,2t\for B Business
7 y/� ���� �° '^1 � LI Light industry
)\� .: . .
i&VA ‘-'i-- - I
.. C =
•
LAW OFFICES 1
OF NOV1s
STEVEN M. SILVERBERG, P.C. s
570 TAXTER ROAD � '1�1v~a
`JWP 0 .
ELMSFORD, NEW YORK 10523
19141 347-3131
TELECOPIER 1914) 347-2828
STEVEN M.SILVERBERG
November 13 , 1989
AMY L.HOLTZER
ERIC 5.ZAIDINS•
•ADMITTED NY &D.C.
Stephen V. Altieri, Administrator
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, New York 10543-3319
Dear Steve:
I reviewed the most recent addendum of the Land Use
Regulation Proposal for golf course areas from Dan Shuster.
I would note that the Town Board should review same
particularly with regard to the provisions on pages 6 and 10 which
set the minimum site area and guidelines for application of these
cluster requirements.
I am not certain that those provisions set forth the intent
of the Town Board with regard to the application of cluster and
therefore would suggest that the Town Board take a good look at
those particular provisions prior to making a recommendation and
forwarding the proposal to the Planning Board for review.
Very truly yours,
Steven M. Silverberg
SMS:11
cc: Mr. Daniel Shuster
. •
i
h �
•
TOWN OF MAMARONECK
SEQRA FINDINGS STATEMENT
on
PROPOSED URBAN RENEWAL PLAN FOR
THE BOSTON POST ROAD/ WEAVER STREET
•
Town of Mamaroneck
FINDINGS STATEMENT
on
Proposed Urban Renewal Plan
Pursuant to Article 8 (State Environmental Quality Review
Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part
617, the Town Board of the Town of Mamaroneck as lead agency makes
the following findings:
DESCRIPTION OF ACTION
The proposed action is an urban renewal plan for the Boston Post
Road/Weaver Street pursuant to the General Municipal Law of the State
of New York. Because of the nature of the proposed action it was
determined by the Town Board as lead agency that a generic
environmental impact statement should be prepared for this project.
The following is a summary of the proposed actions.
1. Amendment to the zoning regulations to establish
minimum frontage for business uses and to refine the
list of permitted uses to exclude automotive uses.
2 . The development of a detailed design concept for the
public right-of-way and private frontage to be
implemented in a staged, cooperative program by the
Town, the State DOT and adjacent property owners.
3 . The acquisition of property known as the Larchmont
Motel.
4 . That the zoning ordinance of the Town be amended to
include within designated urban renewal areas the
following:
(a) Any permitted use in the business district-B in
accord with the construction requirements therefore set
forth in Section 89-41 of the Zoning Ordinance.
(b) Any use permitted in the Tower Apartment District-
RTA, in accord with the construction requirements
therefore set forth in Section 89-39 except that
building heights shall not exceed four stories or
-2-
forty-four feet and there shall be at least 1, 750
square feet of lot area for each dwelling unit on the
site.
ENVIRONMENTAL SETTING
The general area of the Boston Post Road in the Town of Mamaroneck
exhibits low density characteristics of Post War "Highway Strip"
development. In the area proposed for the urban renewal plan, some
of the larger parking lots have wide curb cuts that virtually
eliminate the sidewalks and pose potential safety hazards for
pedestrians. The least intensively developed parcel adjacent to the
International House of Pancakes has recently been developed. Other
properties capable of accommodating more intensive uses are the VFW
site and the Larchmont Motel.
In the area around the Larchmont Motel, landscaping and sidewalks are
in poor condition and several incompatible uses exist. In addition,
frequent Building Code Violations and arrests occurring at the motel
pose a blighting influence on the surrounding area and a drain on
municipal services.
AGENCY JURISDICTION:
The Town Board of the Town of Mamaroneck is lead agency as it is the
agency which will ultimately determine whether to approve the
proposed Urban Renewal plan.
DATE FINAL FEIS FILED
On June 28 , 1989, the Town Board accepted as complete the Final
Generic Impact Statement and filed same pursuant to Part 617 of the
State Environmental Quality Review Act Regulations and caused notice
of such completion to be posted and circulated.
FACTS AND CONCLUSIONS IN THE GENERIC ENVIRONMENTAL
IMPACT STATEMENT RELIED UPON TO SUPPORT THE
DECISION.
The Town Board has relied upon the following sources of information
to form the basis for their findings on the proposed action:
1. The information, facts and conclusions contained in the
Draft and Final Generic Environmental Impact Statements
dated March, 1989 and July, 1989 respectively.
2 . The written and oral comments received regarding the
proposed action at the public hearing held upon the proposed
action and thereafter during the public comment periods on
the Draft GEIS and Final GEIS.
-3-
The Town has used all practicable means available to it to consider
the environmental consequences of the proposed urban renewal plan and
the proposed implementation actions under the urban renewal plan.
Based upon comments and recommendations received the Final Generic
Environmental Impact Statement has recommended the amendment of the
Urban Renewal Plan to include amendments to the Zoning Ordinance for
implementation which differ from those originally proposed in the
Urban Renewal Plan. The Town has therefore used all practicable means
to select alternatives, which, consistent with social , economic and
other considerations to the maximum extent practicable minimize or
avoid adverse environmental impacts. These findings are based on all
relevant information available to the Town Board, including the
detailed Draft and Final Environmental Impact Statements considered
and accepted by it and adopted following careful consideration of the
Draft and Final Environmental Impact Statements and the comments
submitted thereon.
The proposed Urban Renewal plan contains provisions which will'
implement the Master Plan which has recently been adopted by the
Planning Board of the Town of Mamaroneck and will tend to improve the
overall quality of land use in the Urban Renewal area.
The proposed acquisition of parcel 169, block 411, the Larchmont
Motel , will have a beneficial effect upon the surrounding area by
removing certain blighting influences which exist as a result of the
operation of the motel. The proposal to improve sidewalks,
landscaping, and curb cuts in the area will have a beneficial effect
upon traffic and pedestrian safety as well as an improvement to the
aesthetics of the area.
All of these proposals will enhance the properties and business in
the area and improve property values making the entire area more
attractive to shoppers and other who come into the area on business
and otherwise.
The proposed implementation of the Urban Renewal Plan will further
enhance the overall quality of life in the surrounding area by
removing those blighting influences noted in the Draft Generic
Environmental Impact Statement. The substantial number of arrests at
the Larchmont Motel including 25 arrests for criminal possession and
sale of controlled substances and the further anti-social behavior in
close proximity of a public school and recreational facility on
Hommocks Road will be eliminated through the proposed acquisition of
the motel property.
The removal of these substantial blighting influences which effects
the public health, safety and welfare will be a direct result of the
implementation of the proposed urban renewal plan.
-4-
Therefore, not only will there be no substantial adverse
environmental impacts which cannot be mitigated but the proposed
action should in fact remove existing conditions which presently
impact adversely upon the area encompassed by the proposed Urban
Renewal Plan.
CERTIFICATION OF FINDINGS TO APPROVE
Having considered the Draft and Final Generic Environmental Impact
Statements and having considered the preceding written facts and
conclusions relied upon which meet the requirements of 6 NYCRR
617. 9, this Statement of Findings certifies that:
1. The Town Board has given careful consideration to the
Final GEIS ;
2 . The requirements of 6 NYCRR Part 617 have been met;
3 . Consistent with the social, economic and other
essential considerations from among the reasonable
alternatives thereto the action approved is one which
minimizes or avoids adverse environmental effects to
the maximum extent practicable including the effects
disclosed in the Environmental Impact Statement and
4 . Consistent with social, economic and other essential
considerations to the maximum extent practicable
adverse environmental effects revealed in the Generic
Environmental Impact Statement process will be
minimized or avoided by incorporating a3 conditions to
the decision those mitigating measures which are
identified as practicable.
Town Board of the Town of Mamaroneck
-5-
4
r
Dated:
Mamaroneck, New York
July 12 , 1989
Mamaroneck Town Center, 740 West Boston Post Road, Mamaroneck, N.Y.
cc: List Agencies
-6-