Loading...
HomeMy WebLinkAbout2009_08_12 Planning Board Minutes 04 4 Town of Mamaroneck Planning Board 9 Town of Mamaroneck Planning Board Minutes August 12, 2009 Present: Marc Rosenbaum, Chair C. Alan Mason, John A. Ortiz Ellen Dunkin George Roniger Edmund Papazian Ellen Korn, Alternate Also Present: Ron Carpaneto, Director of Building Kevin G. Ryan, Counsel Anthony Oliveri, P.E Absent: Virginia Picciotto 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 July 8, 2009, as modified, were unanimously approved by motion of Dr. Mason, seconded by Mr. Ortiz, unanimously. Ms. Dunkin was not present for the vote. 2. Application of Winged Foot Golf Club The public hearing was continued from the July Planning Board meeting. Linda Whitehead, of McCullough, Goldberger& Staudt, LLP, applicant's attorney, appeared and addressed the Board. Ms. Whitehead stated that they adjourned for the Board to have a site visit and also to provide the Board with a landscape plan to show what Winged Foot intends for Lot 2. Ms. Whitehead stated that, now that the Board members have conducted their site visits and that Winged Foot has submitted the landscape plan she and the other representatives of the club would be happy to answer any questions. Mr. Rosenbaum asked the Board if anyone did not make a site visit and no one responded. Mr. Rosenbaum stated that the Board received in the packet a document from HANSE Golf Course Design Incorporated, which seems to be a drawing of Lot 2, and it is in color, itemized by designation A, B, C & D. According to the key, the color orange, labeled B, is an area of new property recommended to be in bounds and in play. Lot 2 is in a residential zone, R-30 district. Mr. Rosenbaum questioned whether Winged Foot is a nonprofit membership club and Ms. Whitehead answered yes. Mr. Rosenbaum then stated that nonprofit membership club use in a residential district requires a Special Permit. Ms. Whitehead stated she would try to clarify what is proposed. There is no proposal to put any fairway, green, tee or golf improvement in that corner. She continued that the way the Town of Mamaroneck Planning Board Minutes August 12, 2009 hole is set up; balls tend to go onto Lot 2. What Winged Foot is trying to do is to put some line that tells people you can't go past such line to play a ball. Right now, people will walk on the lot to play a ball. Winged Foot intends to put "out of bound" stakes to delineate the end of the play area. It is not proposing to do any improvement; it's more a practical delineation and not considered a golf course use or part of the golf course. Ms. Whitehead stated that if it is a big problem they will try to modify that. It was really an effort to keep people from going anywhere on the lot. Mr. Rosenbaum stated that he thinks that the problem is that the plan showing the orange shaded area was put into the record that this is going to be a nonprofit club use by saying it is in bounds and in play. It's a use by a nonprofit membership club in a residential district that does not permit the use without a Special Permit. Mr. Rosenbaum stated that he hates to be overly technical on this, but because of the way it was presented it causes a dilemma of setting a precedent. Ms. Whitehead stated that Winged Foot could try to clarify to the intended use of the lot. Mr. Rosenbaum stated that if Winged Foot does want to use Lot 2 for that purpose, the Board would have to do a special permit review. However, it doesn't have to be done right now. John Ortiz stated that when this was first presented, the property was not going to be in play. It was entirely out of bounds. He said that by putting the corner in play, this triggers a technicality. Ms. Whitehead stated that if it is an issue, they will remove it from the plan and put the "out of bound" stakes up at the property line. Mr. Ortiz stated that it is only an issue if you don't want to apply for a Special Permit. Ms. Whitehead stated that they do not want to hold up this process. Mr. Rosenbaum stated that for the purposes of this application, the "in play" designation will be removed, but if Winged Foot wants to come back, should the Board grant this application and Winged Foot ends up in possession of the property, the Board will then hear arguments for a Special Permit. Ms. Whitehead agreed that it is a reasonable way to handle the matter. Mr. Rosenbaum stated that all the Board members made site visits and thanked both Mr. Abrahms and Mr. Byrnes for graciously answering questions. Mr. Rosenbaum asked if the Board had any questions or comments. Mr. Ortiz asked for confirmation that there is no access on to the property from Championship Drive and Ms. Whitehead confirmed that there is no access. He also asked if there was any access from Winged Foot onto Lot 2, and Ms. Whitehead answered that there is no formal access, although golfers will enter the property to look for their golf balls. Mr. Rosenbaum stated that there was an issue as to whether notice went out in 2006 for the US open. The Town did research and there is no indication that any mailing was done. Ms. Whitehead clarified that Winged Foot was not the applicant and, as such, has no file for this matter. USGA handled the application. Ms. Whitehead pointed out that all notices were properly given for this application. Mr. Rosenbaum stated that the current matter is a different kind of application. He stated his concern is that no proof of any mailing could be found in the records. Mr. Rosenbaum asked Page 2 Town of Mamaroneck Planning Board Minutes August 12, 2009 if Ms. Whitehead could get information from the USGA, since the record seems to indicate that no notice was mailed for a major tournament and it seems that she is saying that it was not Winged Foot's obligation, since it was not the applicant. Mr. Rosenbaum stated that if there is another major tournament, once again, it may be the responsibility of someone other than Winged Foot. Ms. Whitehead stated that it would depend on the tournament, because different tournaments are run differently. Ms. Whitehead stated that she understands the Board's concern, to make sure future tournaments are properly noticed, but doesn't understand how the 2006 mailing notices effect this application. Mr. Rosenbaum stated given the experience we seem to have had, there is evidence of an application having been put in for a major tournament where we have no certainty that adequate notice had gone out. The Board knows that when we have an application of the kind you are making tonight for the amendment of a prior subdivision approval, notice does go out. Dr. Mason asked if there has been a change in the notice requirements. Mr. Carpaneto answered that notice was always required. He also stated that he located two receipts proving that it was noticed in the newspaper. Mr. Rosenbaum asked if there were any questions or comments from the public. Mr. Jeff Waldhuter, of 7 Bruce Road, appeared and addressed the Board. Mr. Waldhuter stated that despite past lapses regarding notice, he feels that in the future there will be notices. He handed Mr. Rosenbaum a document, a Resolution Site Plan Approval for Winged Foot Golf Club, dated Jan 10, 2006, signed by the Planning Board Chair at the time, Marilyn Reader, to be marked as an exhibit for the record. Mr. John Lyons, of 2 Bruce Road, asked if Winged Foot's proposal tonight is that that Lot 2 will remain as a residential piece of property and will not be used for any purpose related to the golf course other than the two major tournaments--the PGA and the Open. Otherwise, he wanted to confirm that Lot 2 would be a residential property subject to all the zoning requirements. Mr. Rosenbaum added that there is no definition of a major golf tournament. Ms. Whitehead stated that Winged Foot is before this Board to amend a provision of the existing resolution, which requires that each of the 5 lots be part of the HOA. To support that request, they presented the Board with draft documents, including amendments to the Declaration and a restrictive covenant, such that if an application was to be made for a building permit for a residence on Lot 2, that the amendment to the Declaration that removed Lot 2 from the HOA would become null and void and therefore the lot would once again be part of the HOA. Ms. Whitehead further stated that if Winged Foot should make an application for approval for temporary improvements in conjunction with a major event, such application would be subject to the Planning Board's approval. Winged Foot would not have the right to any temporary use without the Planning Board's approval. Mr. Byrnes stated that in the intervening period, Lot 2 would be nothing but a buffer. Mr. Lyons stated that his understanding from the last meeting was that a major event was defined as one of the four major golf tournaments, only two of which are in the United States. Mr. Rosenbaum stated that he would like to see a well-crafted description of what a major tournament is or named by name. That would be his minimum requirement. He stated that he has another concern. His understanding is that Winged Foot came to the Board in the Page 3 Town of Mamaroneck Planning Board Minutes August 12, 2009 purchasing of this parcel of land to have the Board's prior approval amended so that Winged Foot would not be obligated by the HOA agreement. Once out of the HOA, Winged Foot would not have to pay association dues and if, for example, Elmcroft was to be sued, Winged Foot would not be subject to such law suit. Mr. Rosenbaum stated that he understood the proposal was intended mainly to help prevent lawsuits from errant balls hitting people. Ms. Whitehead stated that the prevention of law suits is the major reason to provide a buffer. Mr. Rosenbaum stated that what has been the bone of contention here is some other use other than a buffer, even if it is only done once a decade. He noted that because many of the parcels in Elmcroft Estates have not been purchased, he is concerned that future purchasers may not be aware of the possibility that Lot 2 could be used as a staging area for a major golf event. Mr. Rosenbaum stated that he is concerned because we don't yet know how Winged Foot's use of Lot 2 would be restricted. He asked, since Winged Foot is able to come before the Board in order to have an amendment to the prior approval, why couldn't Winged Foot come back again in the future to seek an amendment in connection with planning a major tournament. Ms. Whitehead stated that her objection to a deed restriction is that it would prevent Winged Foot from using the property as anything other than a buffer and might deny the club the right to apply for an amendment. Mr. Rosenbaum asked Mr. Ryan how do you undo deed restrictions and Mr. Ryan answered that we are undoing one right now. Mr. Rosenbaum stated that he does not see why Winged Foot cannot come back to amend at some future time. He stated that he has every confidence that if Winged Foot is the applicant, the notices would be done properly. However, during a major tournament Winged Foot is not the applicant. We have had a history of at least one applicant of a major tournament who doesn't appear to have played by the rules, and failed to properly notify people who had major concerns and therefore suffered some unexpected inconveniences. Mr. Rosenbaum, speaking for himself, stated that he would have no problem agreeing to most of what Winged Foot is requesting, the removal from the HOA, even though that puts more responsibility on the owners of the 4 remaining parcels. . However, he states that he is not sure he wants to go so far as to open the door by specifically okaying the submission of a future application for an alternative use during a major event. Ms. Whitehead asked if the Board were to amend the resolution to simply to allow Lot 2 to be removed from the HOA, would the Board still be looking for a deed restriction or would it let zoning control the use. Mr. Rosenbaum stated that he would be comfortable with restricting the use to a buffer, meaning Winged Foot can't have masses of people and parking of equipment. Ms Whitehead stated her concern with restricting the use to a buffer is that a future Board might refuse to consider an amendment allowing a temporary use. Mr. Ortiz said the resolution would say, in effect, that this parcel is taken out of the HOA to be used and owned by Winged Foot and to be used as a buffer and if any further or different type of use is contemplated, an application or permit for that type of use is to be made to the planning board. That language would be encapsulated in the resolution. Mr. Rosenbaum stated that he would want the resolution to allow further applications of this kind for future amendments for uses other than as a buffer, without specifically mentioning tournaments. Ms. Whitehead stated that they were fine with that. Page 4 Town of Mamaroneck Planning Board Minutes August 12, 2009 Mr. Waldhuter, said that the Elmcroft Estates developer allowed Winged Foot to use a piece of residential property for the US open and this had been approved by the Board. He stated that he agrees that there should be no restriction. Mr. Rosenbaum stated that Mr. Waldhuter had raised the point previously and the staff has researched whether adequate notice was given. Mr. Waldhuter stated that the past cannot be changed. He only brought it up so that it should not happen again. He also wants to explain that he has changed his position. After viewing what Mr. Abrahms has done with the Elmcroft property, he is quite impressed with it. He thinks it is a wonderful opportunity for the Pocharts not to have house there. He stated that he has worked out his issues with Elmcroft Estates and Winged Foot and he is now in support of Lot 2 being sold to Winged Foot. There was a brief discussion off the record to inquire about the basis of Mr. Waldhuter's change of position. The meeting remained open to the public. Back on the record. Mr. Rosenbaum stated that notwithstanding the change in Mr. Waldhuter's position, he believes that the issues he raised previously and the evidence he submitted were legitimate and should be considered by the Board. Ms. Lyons stated that she was a little confused about who is going to be required to request a change of use in the future. Mr. Rosenbaum stated that the owner of the property would be the applicant. Ms. Whitehead stated that although things had fallen through the cracks before, there will be more diligence now. Mr. Rosenbaum stated, with respect to Lot 2, that he doesn't believe that an applicant can come before the Board with an application for something on a piece of property it doesn't own and ask for a different use. Ms. Whitehead said that they do not have a problem with Winged Foot being named the responsible party. Mr. Waldhuter stated that in 2006 the resolution was between Winged Foot and the Town. Ms. Whitehead disagreed, stating that USGA was the applicant, not Winged Foot. Mr. Rosenbaum stated that if his colleagues were satisfied with the language that was proposed by Mr. Ortiz, he would like to see those changes in the documentation, along with any other conditions such as the fact that Lot 2 is being removed from the HOA and so forth. He stated that he would like this language to be circulated to the Board members for their review. Mr. Rosenbaum stated that before he goes forward he would like to hear from Mr. Meighan, the Pocharts attorney. Mr. Meighan stated that the Pocharts are on vacation and could not be here. They would like to have this Lot 2 bought by Winged Foot to be a buffer zone and not a staging area for golf events. He stated that his client might not object if staging had to be approved by an application, as earlier discussed. At that time they would have an opportunity to be heard. Page 5 Town of Mamaroneck Planning Board Minutes August 12, 2009 Mr. Rosenbaum stated as it stands now, the use of Lot 2 would be simply a buffer, with the opportunity to allow changes in use (other than a single-family residence)to be considered upon future applications to the Planning Board, through this kind of process for further.amendments to the Board's Resolution and to the Declaration. Mr. Ryan asked if it is the Planning Board's intention that in the event there is an application for a single-family residence or any other structure, the property would go back into the HOA. Ms. Whitehead said that according to zoning, no other structure could be built there. Mr. Ryan stated that the club could apply for a variance from the Zoning Board to build a pavilion of some kind. Ms. Whitehead questioned whether he was referring to a use variance. Mr. Ryan replied that it would require an area variance to put up an auxiliary structure without a principle structure.. Mr. Ryan again questioned whether the Planning Board is comfortable with the Lot reverting to the HOA only in connection with the development of a single-family home, as opposed to other uses that might involve an area variance, e.g., for bleachers, a shed etc. Mr. Ortiz stated his sense that if it is going to be a single-family residence then it should revert into the HOA. However, if the owner wants to use it for anything else, other than a buffer, the owner must come back before the Planning Board for a further amendment. Mr. Rosenbaum stated that the devil is in the details. He would like to have a definition of a "buffer." Mr. Ortiz stated that the only other thing to add is whether golfers will be going into the area. He stated that the resolution must provide that the entire parcel is a buffer and out of bounds and not to be a playable area. Mr. Rosenbaum asked how the club notifies its members of an out of bound area. Mr. Byrnes said the area is "white staked" and members abide by the club rules. Mrs. Lyons asked what is to prevent trucks being parked there if there is no definition of "buffer?" Ms. Whitehead answered that parking is a use and would not be permitted. Mr. Rosenbaum asked Ms. Whitehead to come up with a definition of buffer and run it past counsel to the Planning Board. Ms. Whitehead said she would be happy to work with the Board's counsel to get the language of the resolution finalized. They have already submitted draft documents for the Declaration amendment and the deed restriction. Ms. Korn asked if Lot 2 were to become part of Winged Foot and no longer part of the HOA, would it mean that there would be less tax income to the Town, and further asked if it is the Board's concern. Mr. Ryan stated that it is not the Planning Board's concern. Mr. Papazian asked whether the catch basin issue was resolved. Page 6 Town of Mamaroneck Planning Board Minutes August 12, 2009 Mr. Rosenbaum stated that the issue is not technically before us. Mr. Oliveri stated, however, that the drainage has been improved. Mr. Lyons stated that he believed that this property is not to be used for any staging event other than a major tournament. Now he is hearing that the property can be used for any event, provided that Winged Foot comes back to this Board and asks for permission. Ms. Whitehead stated that she never agreed to limit it to only the PGA or the US Open. Mr. Rosenbaum stated that Winged Foot could always come back to the Board for any other requested amendment and that what the Board is now proposing, in actuality, is like offering Eskimos ice in the winter. Mr. Ortiz stated that future boards would be directed by the resolution. Mr. Rosenbaum stated that his major concern is that if Winged Foot comes back seeking approval for a golf event, proper notice would be required. Mr. Rosenbaum stated for the record that he was provided with the notices that were put into the Journal News in 2006. The matter was adjourned until next month and the public hearing was held open. APPLICATION NO. 2. TARGOFF: 52 COUNTRY ROAD The public hearing was continued from July 8, 2009. Mr. Targoff appeared and addressed the Board. He requested an amendment to the Site Plan. Mr. Targoff stated that the plantings have been substantially completed and his dispute with Mr. Stier is now a matter in civil court. Mr. Rosenbaum stated that the plan he submitted was in black and white and the key was color-coded so the Board could not tell what was planted and what was not planted in the copies of the plans that were submitted to Board members. Mr. Targoff apologized and stated that he will resend the planting plan and make sure it is in color. Mr. Rosenbaum stated that the Elmcroft site visit was very informative and he would like to have the Board do the same for this application. Mr. Stier of 50 Country Road stated that he objected to any amendment to the site plan and that he would not have granted the easement (for the storm water system)without the planting plan. In his view, the planting plan was part of a contract between Mr. Targoff and himself. He stated that he has not received a color copy of the planting plan. Mr. Rosenbaum gave his color copy of the plan to Mr. Stier. Mr. Stier read a letter from Mr. Nardecchia into the record which stated that the contractor would come back and install a galvanized tail end dissipater and seal any gaps between the old and new pipes at the pond site. Mr. Stier stated that, as far as he knows, it has not been done. Mr. Stier requested that the Building Department have the drainage system certified. In Page 7 Town of Mamaroneck Planning Board Minutes August 12, 2009 addition he asked that the Building Department examine the sediment that has built up since the start of this project. Mr. Rosenbaum stated that he was not clear as to what was meant by having the drainage system certified, and perhaps the professional staff can clarify. Mr. Stier stated that he just wants to know that everything is there in place and working properly, because during construction there was no erosion control such as silt fencing and covering over the catch basins leading into the drainage infrastructure. Mr. Targoff stated that he wants to make it clear that he does not agree with Mr. Stier's statement that there was no erosion protection. Mr. Rosenbaum stated that he wants a site visit and that he would like to view the Targoff property from Mr. Stier's property. Mr. Stier gave his permission. Mr. Stier stated that the reason Mr. Targoff gave for not wanting to go forward with the planting plan is because of financial hardship. Mr. Stier provided a financial statement about Mr. Targoff for the record. It was marked Exhibit K. Mr. Targoff stated that he has no objection to the financial information, although the question was not about his personal wealth, but about the building of this property, which has been a fiscal catastrophe. Mr. Oliveri stated that on the issue of the pipe, the engineer, Larry Nardecchia, will supply the Town with a letter certifying the capacity and adequacy of the pipe as opposed to the letter in the record just stating that it was installed. Also, he questioned, if this amendment to the site plan is approved, whether a revised site plan would be required ADJOURNMENT At 9:15 p.m., Mr. Rosenbaum adjourned the meeting to September 9, 2009. Francine M. Brill Planning Board Secretary Page 8