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HomeMy WebLinkAbout2009_09_09 Planning Board Minutes 04 4 Town of Mamaroneck Planning Board 0 Town of Mamaroneck Planning Board Minutes September 9, 2009 Present: Marc Rosenbaum, Chair C. Alan Mason, John A. Ortiz Ellen Dunkin Virginia Picciotto George Roniger Edmund Papazian Also Present: Ron Carpaneto, Director of Building Kevin Ryan, Counsel Jonathan Aveilino, P.E Ellen Korn, Alternate Elizabeth Paul, Environmental Coordinator 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 August 12, 2009 were approved by motion of Mr. Ortiz, seconded by Dr. Mason, unanimously 7-0. 2. Application of Winged Foot Golf Club Mr. Rosenbaum stated that the applicant's attorney requested an adjournment. Mr. Waldhuter of 7 Bruce Road asked if a copy of the draft amendment of prior subdivision approval was available to the public. Mr. Ryan stated that it has not been finalized but he could receive a copy with a FOIL request. Ms. Lyons of Bruce Road asked what date would the Public Hearing be adjourned to. Mr. Rosenbaum responded the matter is adjourned to October 14, 2009. 3. 52 Country Road-Targoff Hannah Saujet of 52 Country Road appeared and addressed the Board as her father's (Mr. Targoff) representative. Denise Cossu, Mr. Stiers' attorney from the firm Gaines, Gruner, Ponzini & Novick, LLP, appeared and addressed the Board. Ms. Cossu stated that her firm is representing Mr. Stiers in the Supreme Court action between the two parties. She stated that she had the opportunity to briefly review the file and would like some time to be able to review it in depth and prepare a written statement. Ms. Cossu requested certain documents from the file and stated that she will submit a FOIL request for the particular items. Mr. Rosenbaum suggested an adjournment, stating that he would like Mr. Targoff to be available to answer the Board's questions, based on the site visit that some Board members have made to Mr. Stiers' property, as well as giving Ms. Cossu time to review and prepare. The matter was adjourned to October 14, 2009. 4. William Maker-Town Board Referral -Consideration Mr. Rosenbaum stated that this is a revisit of the consideration of the Town Board's referral of the amended zoning ordinance Section 240-79B. Mr. Maker was not present. Mr. Altieri, the Town Administrator, stated that he would try to answer any questions. Mr. Rosenbaum raised some questions in regards to the wording of the proposed law and the accompanying drawing. He stated that the wording of the proposed law is an improvement but it is not clear from the diagram where parking is permitted or prohibited. He stated that he would like Mr. Maker to be available at the next Planning Board hearing to answer Board members' questions. The Board and Mr. Altieri discussed the drawing that accompanied the amendment. The proposed ordinance speaks about not allowing off-street parking within 5 feet of the side lot lines, and questioned: if that area is not cross hatched on the drawing, could parking be allowed in any other area. Mr. Altieri stated that the Town Board discussed whether there is anything in the Code that prohibits a resident from pulling their car up on the grass and, under the current ordinance, as long as they are 25 feet away from the lot line, nothing in the Code prohibits it. The Town Board has found that the law is no longer enforceable, so this amendment seeks to repeal that 25 foot restriction. Mr. Rosenbaum stated that Mr. Maker's amendment states that the ordinance does not permit parking within 25 feet of the front lot line except on a driveway. Mr. Rosenbaum stated he is concerned as to why Mr. Maker did not cross hatch the area to the left of the existing hatched area and to the right side of the driveway. Mr. Rosenbaum also requested clarification on the exception that you could park on a driveway that ends at the entrance to a garage. Mr. Ryan asked for clarification about a circular drive or half moon drive that did not terminate at a garage, in which case it would be prohibited. Ms. Picciotto questioned why the sides of the house determine where parking is permissible. Mr. Rosenbaum stated that it appears to have meant in front of the house. Mr. Ryan stated that this proposed amendment arose because of a controversial matter before the Zoning Board last year. Mr. Rosenbaum stated that he feels Mr. Maker wanted to include the areas not cross hatched as possible parking areas. Therefore he would like to have Mr. Maker appear before the Board. Mr. Altieri stated that he will try to have Mr. Maker at the October hearing to answer the Board's questions regarding why was the building footprint was used to define the parameters of parking area, what will be done In the instance of a circular driveway and whether he meant to hatch the entire front of the property in the diagram. Mr. Ryan stated a procedural point that the Town Board should postpone the matter and put it over to December for the Planning Board to review and prepare a statement. Mr. Altieri stated that he will postpone the matter until November and, if necessary, the Town Board could further postpone the matter at that time. 5. Gardens Lake Restoration -Consideration Steve Altieri, Town Administrator, appeared and addressed the Board. Mr. Altieri gave background information on the proposed project. Westchester County has determined that there may be flood control benefits as well as water control benefits by dredging the lake and installing a control valve at the dam at North Brook Road. The project became larger than was originally conceived by the Town and the Town was awarded from the County an additional $800,000. The County stated that as a condition for the additional money, the Town is required to take responsibility for the construction and administration of the project. The County would finish all of the design and engineering with County money and then turn the project over to the Town. The County Board of Legislature approved the funding for the project. The next step would be an inter-municipal agreement whereby the Town agrees to take the County's plan and implement the project accordingly. The Town Board has a philosophy that, although the Code allows them to be exempt from local review, they prefer to go through the local review process. The Town Board feels that they should come before the various approval Boards for their input as well as to allow more opportunity for public input. Mr. Rosenbaum stated that there were questions raised by the counsel to the Board. First: whether or not the negative declaration, which has already been issued by the Town Board, is any good. Mr. Ryan stated that he and Mr. Altieri have discussed the issue and it appears that the County, as lead agency, had previously issued a negative declaration in 2004. Therefore, any issue about the Towns Board's issuance of the Negative Declaration in February has become moot, in view of that fact. Mr. Rosenbaum asked how long a negative declaration could remain in place. Mr. Ryan stated as long as the physical circumstances of the project do not change, the Neg Dec is good. Mr. Rosenbaum stated that the Board would have to take into account all the considerations that are required under Chapter114 of the Code. Mr. Roniger asked about the planting benches and whether they reduce the size of the lake. Mr. Altieri responded that the reduction is minimal--about 5-10 yards--and that the planting benches improve the water quality of the lake. The benches are actually shelves under the water level with low lying plants growing on them, so as not to reduce the vistas of the lake. The Board viewed and discussed the plan. Mr. Roniger stated that in the Town Code it is the policy of the Town to ensure that there is no net loss of wetlands and watercourse areas. Mr. Altieri responded that part of the lake is now becoming a wetland, therefore, there is no net loss. Mr. Rosenbaum suggested that whoever is going to appear at the Public Hearing should go thru Chapter 114 of the Town Code to be able to answer any of the Board members' questions. The cost of the project is 1.6 million dollars; $400,000 was granted under the Clean Air and Water Act and $700,000 from Westchester County Flood Task Force. Dr. Mason asked about the dredging and what the gain would be. Mr. Altieri stated that the County did an analysis and the project would not significantly increase flood control; however, the control structure at Gardens Lake will give some improvement. The lake would be lowered pre-storm. The west branch of the Sheldrake is controlled at the reservoir, but there has been no control over the east branch of the Sheldrake. Now, for the first time, there would be some minor control over the east branch. Mr. Altieri stated that the reason the County is being proactive is that the alternative would be to wait for the Army Corps of Engineers. The wait would be extremely long, as there is still no approval between the County, State and Army Corps of Engineers to go forward with the Sheldrake River Study. When that approval happens, it will take approximately 30 months to complete the study and another 12 months for their internal peer review, totaling 42 months for a document to get to public review. In 1978, their proposed solution was to install a concrete flume, which the community would not accept. Mr. Altieri stated that the Town is doing a lot of flood control projects to try to increase the Town's retention capacity. The matter was adjourned to October 14, 2009. ADJOURNMENT The meeting was adjourned at 9:15 p.m. Francine M. Brill Planning Board Secretary