HomeMy WebLinkAbout2008_07_08 Planning Board Minutes Town of Mamaroneck
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Town of Mamaroneck Planning Board Minutes
July 8, 2008
Present: Marc Rosenbaum, Chair
C. Alan Mason,
John A. Ortiz
Ellen Dunkin
Virginia Picciotto
Edmund Papazian
Also Present: Ron Carpaneto, Director of Building
Lisa Hoffman, Counsel
Anthony Oliveri, P.E
Ellen Korn, Alternate
Absent: George Roniger
Stephanie Gualtieri, Public Stenographer
Carbone &Associates, LTD.
111 N. Central Park Avenue
Hartsdale, New York 10530
Francine Brill, Recording Secretary
1. Minutes
The minutes of June 10, 2009, as modified by comments from the Chairman, were
unanimously approved by motion of Ms. Dunkin, seconded by Ms. Picciotto, Mr.
Ortiz and Mr. Papazian abstained because they were absent from the June meeting.
2. Adjourned Matters.
Two matters on the agenda were adjourned: The first is 52 Country Road,
which was on for public hearing and the second is Metro PCS New York, LLC,
which was on for consideration.
3. Application of Winged Foot Golf Club
The public hearing was continued from the June Planning Board meeting. Linda
Whitehead, of McCullough, Goldberger & Staudt, LLP, applicant's attorney,
appeared and addressed the Board. Ms. Whitehead stated that the applicant wishes to
have the right to apply for temporary permits on Lot 2, subject to Town Approval.
Mr. Rosenbaum asked to see the landscape plan and indicated that a site visit would
be helpful so the Board can see the topography and what will be done to separate Lot
2 from the golf course as well as neighboring lots.
Ms. Whitehead explained that the elevation of Lot 2 is four feet higher than
neighboring sites and will remain as is. Photos, marked Exhibit 1,2,3,4 were entered
into the record.
Mr. Colin Byrnes the manager of the Club explained the photos as follows:
1. View of the lot from Championship Drive
2. Curb cut for lot 1
3. Lot 2 on left, lot 1 on right from the golf course
4. The Pochart's property from the golf course.
Mr. Rosenbaum asked how the Pocharts are protected from golf balls. Mr.
Byrnes answered that they are completely out of range.
Mr. Byrnes stated that there would be no vehicular access to Lot 2 from
Championship Drive.
Referring to a letter from Linda Whitehead dated July 5, 2009 addressed to the
Chair, Mr. Rosenbaum and Dr. Mason noted that some of the proposed deed
restrictions were somewhat permissive. Ms. Whitehead stated that the applicant
could agree to any conditions required by the Board even if they are more
stringent than the negotiated restrictions.
Mr. Rosenbaum asked about the drainage.
Mr. Oliveri stated that he did a site visit and the catch basin is 1 % inches too
high. Mr. Abrahms, developer of Elmcroft Estates, offered to cut the pavement
on the uphill side of the basin rather than lower the catch basin and entered two
photos dated 7/8/09, marked Exhibit El and E2, into the record. Mr. Oliveri
stated that he would check the drainage during a rain storm but feels the fix will
work.
Mr. Rosenbaum stated that the matter of drainage is an issue related to
construction of Elmcroft Estates and is not actually before the Board at the
present time.
Ms. Whitehead stated that Mr. Abrahms of Elmcroft Estates submitted a plan to
the Board showing a fence around the property but Winged Foot does not want a
fence to separate the golf course from Lot 2, as the rest of the course is not
fenced.
Dr. Mason asked for a time frame of construction for future events. He noted
that 2006 permits were issued without an understanding of the impact on residents
of the setup and take down.
Ms. Whitehead stated that nothing is planned in the foreseeable future and she
could not speculate about future events.
Mr. Rosenbaum asked if there were any comments from the public.
Mr. John Lyons of 2 Bruce Road stated that he feels Winged Foot is a wonderful
asset to the Town, but he is concerned with traffic on Wesleyan Avenue and the
effects on his home. Therefore, he requested strong restrictions on what Winged
Foot could do with the property. He stated that he would like the definition of a
"major event" to be broadened to include more tournaments. Mrs. Lyons noted
that because Lot 2 is in a residential zoning district, no other uses should be
permitted.
Mr. Jeff Waldhuter of 7 Bruce Road stated that Winged Foot is a wonderful
neighbor, but that in connection with the 2006 event, no one was notified of any
public hearings. He also submitted a list of 250 nearby residents who were not
notified; it was marked Exhibit P-1. Ms. Whitehead noted that different types of
applications generally require different types of notices.
Mr. Waldhuter stated that the plans for 2006 called for temporary roads to be
graveled and he said that instead they used crushed demo material, which was left
on Elmcroft Estates for over six months. Exhibit P-2 is a memo from Mr.
Waldhuter dated 7/18/06 referring to the material and its possible impact on the
residents. Exhibit P3 are photos showing piles of fill on Elmcroft Estates and
debris from runoff on the sides of the road.
Mr.Waldhuter showed photos from July 2006 that showed that the debris sat on
Elmcroft Estates for a long time and created dust clouds and generated run off that
ran over local streets and ultimately into the Lower Pond. He expressed concern
about what the nearby residents were breathing in from the dust clouds.
Mr. Waldhuter also stated that all residences on Bruce Road have septic systems
and too much saturation will inhibit septic function and cause overflow, which
will further contaminate the Lower Pond and ultimately the L.I. Sound. He stated
that he has observed soap bubbles in the Lower Pond as a result of the septic
overflow. Also, water and mud on Bruce Road results in sedimentation deposits
in the Lower Pond. The pipe that drains his pond into the Lower Pond is getting
filled with sediment and causes flooding on his property after rain events due to
improper drainage.
Mr. Waldhuter stated that for more than three years the lower pond has been
filling with sediment, and the pond becomes one-third bigger when it rains. He
says all of this creates a liability issue because if he has to initiate legal
proceedings he will sue the HOA and the Pocharts would have 25% exposure
rather than 20% exposure, if Lot 2 were removed from the HOA.
Mr. Waldhuter stated that the Town has a drainage easement on Mr. Waldhuter's
property for water drainage from Old White Plains Road. He also stated that the
pipe running through his property drains into the Lower Pond and is clogged with
sediment. He stated that if he can't get the Town or the Elmcroft Estates
developer to clean out the pipe, he is going to have to litigate.
Mr. Oliveri stated that he will check the lower pond.
Mr. Waldhuter presented a Google earth photo and it was marked Exhibit P-4 and
entered into the record.
Exhibit P-5 shows Mr. Waldhuter's back yard, dated 6/18/09.
Exhibit P-6 shows Wesleylan Ave. after a rainstorm, dated 6/18/09.
Exhibit P-7 shows a porta-san next to a fire hydrant, dated 6/18/09.
Mr. Waldhuter said that for two years there has been a portable toilet sitting on
the corner of White Plains Road and Wesleyan Road. From time to time it blows
over and he noted that the contents run into the street drains which lead to the
Lower Pond.
Mr. Waldhutter stated that enforcement seems to be lacking in the Town.
Mrs. Lyons also stated that compliance and enforcement are relevant.
Mr. Jeff Meighan, the Pocharts attorney, addressed the Board. Mr. Meighan
stated that he was concerned about the lack of notification in 2006 and would like
a search as to whether or not the public was notified and whether it was necessary.
He requested copy of the landscaping plan well in advance of the next meeting.
Ms. Whitehead stated that none of Mr. Waldhuter's non-compliance complaints
involve Winged Foot because the USGA was the applicant for the 2006 permit.
Mr. Rosenbaum asked whether Winged Foot would have any control in
connection with future tournaments.
Ms. Whitehead said the property owner would have responsibility. As to drainage
issues, she said that leaving the parcel vacant would minimize drainage impacts.
Ms. Whitehead stated that the landscape plan would be minimal, as it is intended
to make the property look like part of the golf course. Eighty percent of the lot
will be grasses.
Ms. Dunkin asked about the 30-foot wide parcel deeded to Winged Foot when
Elmcroft was subdivided.
Ms. Whitehead answered that it was a natural delineation to the property.
The matter was adjourned to 8/12/09
ADJOURNMENT
The meeting was adjourned at 9:15 p.m.
Francine M. Brill
Planning Board Secretary