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HomeMy WebLinkAbout2009_06_10 Planning Board Minutes 04 4 Town of Mamaroneck Planning Board Town of Mamaroneck Planning Board Minutes June 10, 2009 Present: Marc Rosenbaum, Chair C. Alan Mason Ellen Dunkin Virginia Picciotto George Roniger Absent: John A. Ortiz Edmund Papazian Also Present: Ron Carpaneto, Director of Building Kevin G. Ryan, Counsel Nancy Seligson, Liaison Anthony Oliveri, P.E Ellen Korn, Alternate Wanda Spevadula, Public Stenographer Carbone&Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine Brill, Recording Secretary 1. Minutes The minutes of May 13, 2009 were approved by motion of Mr. Roniger, seconded by Ms. Dunkin, unanimously 6-0. THE APPLICATIONS WERE TAKEN OUT OF ORDER Chairman Rosenbaum stated that two applicants have requested an adjournment. 2. Robert Sickles 23 Bonnie Briar Consideration The applicant requested an adjournment to July 8, 2009. 5. Metro PCS New York, LLC Consideration The applicant requested an adjournment to July 8, 2009. 3. Winged Foot Golf Club Public Hearing On motion of Dr. Mason, seconded by Ms. Picciotto the Public Hearing was opened. Linda Whitehead of McCullough, Goldberger& Staudt, LLP representing Winged Foot Golf Club appeared and addressed the Board. Ms. Whitehead stated that the Planning Board had previously approved the 5 lot subdivision with one existing house and 4 building lots. The Planning Board had required a Home Owners Association as part of the subdivision approval. Lot 2 is on the corner of Winged Foot Golf Club and the Club wishes to buy the lot to prevent future problems with balls from hole 5 hitting a house that could be built there. The Club feels that since they do not intend to build a house on the lot, they should not be required to belong to the Home Owners Association. Ms. Whitehead stated that the Board's resolution dated 9/11/07 required that all lots would be part of the HOA and responsible for maintaining all stormwater and drainage infrastructure. If the property is to be improved with a single-family residence, the property will automatically return to the HOA before a building permit will be issued. Ms. Whitehead stated that the Pocharts of 6 Championship Drive have agreed to Lot 2 being removed from the HOA. Mr. Colin Burns, the Manager of Winged Foot Golf Club appeared and addressed the Board. Mr. Burns stated that he wished to make clear the reason the Club wishes to purchase Lot 2. The Club is in involved in an ongoing lawsuit costing hundreds of thousands of dollars because of a similar situation on the East course at hole 6. The house adjacent to hole 6 is being struck by stray golf balls and Lot 2 is more prone to being hit by stray balls. The Club decided it was in their best interest to purchase the lot and prevent a possible future lawsuit. Mr. Rosenbaum asked if the property is prone to being hit by stray golf balls, what will the golf club plan to prevent children playing from getting hurt. Mr. Burns stated that they plan to border the property with hedges or a wall. Mr. Rosenbaum stated that it would be in the best interest of the home owners to know exactly what the prevention plan is to be. He further stated that the Board must act to ensure future homeowners' rights; therefore, the Board would like a more detailed plan. Dr. Mason stated that in opting out of the HOA, the club is still beneficial owner of the property. Ms. Whitehead stated that the HOA deals with drainage, maintenance and landscaping of the street, and the Club does not intend to use Championship Drive to access their property. It was stated that the lot is in a separate zone andnot part of the Rec Zone. Mr. Rosenbaum also asked if the parcel could be designated a buffer zone and not used for anything else such as a staging area for golf events. Mr. Burns stated that Winged Foot is not on the golf open schedule. Mr. Rosenbaum asked if there were any questions or comments from the public. Mr. John Lyons, of 2 Bruce Road, stated that his property backs on to Wesleyan, which the club uses for 3 months before a tournament with 18-wheelers going in and out starting at 4:00 a.m. Mr. Lyons stated that he feels the parcel should only be a buffer and not used by the Club. Mr. Jeff Waldhuter, of 4 Bruce Road, stated that he agrees with Mr. Lyons' statement, and also stated that during an event trucks run in and out all day and night resupplying the event. Winged Foot built a mini city and the residents had to tolerate the disruption in their quality of life. Mr. Waldhuter stated that Winged Foot is taxed $2,000 per acre in the REC Zone. The parcel would be taxed at$16,000 and if a house were to be built it would be taxed at about $50,000. To lose any taxable property would not be good for the Town. He stated that he was concerned that Winged Foot would merge the property with the rest of the Golf Club. Ms. Whitehead stated that the Club had no intention of merging the property. Mr. Waldhuter stated that he was concerned that Championship Drive would not be paved, because as it is right now, the drainage system is not functioning. Ms. Whitehead answered on behalf of the developer that when three houses are built the road would be paved and turned over to the Town. Mr. Oliveri stated that a provision should be made by the developer to correct the drainage problem. Mr. Abraham, Developer, stated that he has tried to get the water into the catch basin. They have a sediment trap to prevent sediment from the lower pond. He also stated that they are required to submit monthly reports subject to $25,000 per day fines from the DEC and their engineer, Joe Cermele of Site Design, does the test and report. Mr. Abraham added that he thinks the application is a win-win for himself, the developer, and the Town. Ms. Paul, the environmental coordinator, stated that she visited the site today and the catch basin is above the road. She further stated that she wants the Town engineer to do a follow up. Ms. Whitehead stated that they would like to adjourn to next month and they will come back with a plan as to what will be done on the parcel and whether or not the club agrees to keep it as a buffer. The matter was adjourned to the July 8, 2009 meeting. 4. 52 COUNTRY ROAD Public Hearing On motion of Dr. Mason, seconded by Ms. Dunkin, the Planning Board voted to open the Public Hearing in the matter of 52 Country Road, Site Plan Amendment, unanimously, 6-0. Mr. Michael Targoff, the owner, appeared and addressed the Board. Mr. Targoff stated that the there is a battle going on between his neighbor and himself and that he is not asking to be relieved of his responsibility to maintain the drainage pipe under the Stier's property only to be relieved from additional plantings. Mr. Targoff stated that he received word from the Stier's lawyer stating that the toilets on their property were folk art. Mr. Targoff stated that he has received a summons from Mr. Stier, suing him and that matter will be dealt with in court. The lawsuit is based on their prior agreement and nuisance of runoff. Mr. Rosenbaum stated that even if the Board amends the agreement, it would not affect the lawsuit. Dr. Mason asked Mr. Targoff whether he deemed the plantings that were already done were enough. Mr. Targoff answered that he planted about 150 feet of abor-vite, which buffers the property. Mr. Ken Stier of 50 Country Road appeared and addressed the Board stating he can't believe he is before the Board again. The first time was in 2002, for the original application, for a 5,500 sq ft. house, than again in 2004 to reduce the house to 3,500 square feet. In 2002, the Targoffs and Stiers reached an agreement. The Planning Board asked for an easement and the Stiers asked for a drainage pipe and plantings. In 2003 work stopped. Only the driveway was completed and the backyard flooded. Some trees were planted. In 2004 Greg DiAngeles, the applicant's architect, presented a planting plan and once the trees were planted, the Stiers maintained them. Mr. Stier then asked where the restriction on the driveway and drainage was recorded. Mr. Meigan, Mr. Targoffs attorney, stated that it was recorded in Westchester County. Mr. Stier then asked the Board not to amend the site plan. Mr. Stier asked the Board what size tree would be planted, and stated that he wants larger trees, as they would have grown larger over the years. Mr. Rosenbaum asked Mr. Stier what is the effect on his property. Mr. Stier answered that he wants additional screening. The trees that were cut down for the driveway were 2 feet in diameter. Mr. Stier entered a set of photos marked exhibit A-H into the record. Mr. Stier stated that the 12"drainage pipe was replaced with an 8" liner and he does not think it is adequate. Mr. Rosenbaum asked if the Town engineer would look at the drainage and check its function. Mr. Oliveri stated that he would make a field inspection. Mr. Rosenbaum asked Mr. Stier about the toilets. Mr. Stier answered that his family lived through chipping for 9 months. Mr. Rosenbaum stated that it might be helpful if Mr. Stier could be seen as not being provocative. Mr. Stier answered that the planting is not finished. Mr. Roniger asked what was the original objective of the planting agreement. Mr. Stier answered that it was to screen the rear and side. Mr. Stier stated he wants the trees that died to be replaced and 40 feet of plantings on the driveway to be completed. Mr. Stier asked if there was a formula about the replacement of trees cut down Mr. Carpaneto said the Town asks that two trees be planted for 2' diameter trees that are being removed. Mr. Targoff stated that he does not ask to be relieved from the drainage obligation. The pipe was there before and he was requested to maintain it; therefore an easement was required. Mr. Targoff also stated that 3 trees were planted and they disappeared. Mr. Roniger asked Mr. Targoff why he is only asking to be relieved from any further plantings" Mr. Targoff answered that he feels what he has done is sufficient and the Town should not be part of the dispute between neighbors and also, due to economic hardship, he should not be required to do anything more. Mr. Roniger said that 40 feet of planting has not been done. Mr. Targoff answered that he has done 150 feet and that the only thing not done is moving 3 spruce trees and planting them on the Stier's property and that would not provide screening. Mr. Oliveri asked Mr. Targoff to mark the site plan with all the planting that has been done for the Board to review at the next meeting. Mr. Rosenbaum stated that the Board would like to make a site visit. Mr. Stier stated that 52 Country Rd is not Mr. Targoff's primary residence. Mr. Targoff stated that his pregnant daughter lives in the house. The Board adjourned the matter to July 8, 2009. ADVISORY OPINION Mr. Rosenbaum read the advisory opinion into the record. The Board discussed the document. Ms. Dunkin stated that she has become aware of the problem and the need to change the Code. Ms. Seligson stated that it was the intention of the Town Board to rescind a law that made it illegal to park a car in the front driveway. Mr. Steve Altieri stated that they realized that there was no way for most residents to comply with the original law, There was confusion in the wording of the law in that a car could not be stored on a driveway within 25 feet of the front property line. On motion of Ms. Dunkin, seconded by Ms. Picciotto the advisory opinion regarding Town Code Section 240-79.B was approved unanimously. ADJOURNMENT On motion duly made the meeting was adjourned at 9:40pm. Minutes prepared by Francine M. Brill Planning Board, Secretary