HomeMy WebLinkAbout2007_11_14 Planning Board Minutes d' 4,i Town of Mamaroneck
emrH Planning Board
• MINDED'MI •
Town of Mamaroneck Planning Board Minutes
November 14, 2007
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 G. Ryan, Counsel
Elizabeth Paul\, Environmental Coordinator
Anthony Oliveri, P.E
Francine Brill, Recording Secretary
1. Minutes
The minutes were postponed.
3. LTD, d/b/a/ Club International Limousine Service
Donald Mazin, 1415 Boston Post Road applicant's Attorney appeared and addressed the
Board. Mr. Mazin stated that his client may not need a special use permit in that the
limousine company is only a car for hire business and will do no repairs on premises.
Upon consulting with the Director of Building and counsel, Marc Rosenbaum stated that
Limousine for hire appears to be a permitted use in a SB district.
Mr. Mazin withdrew the application on behalf of his client.
2. Winged Foot Golf Course
Lori Lee Dickson from the law firm of McCullough, Goldberger and Staudt, LLP; 1311
Mamaroneck Avenue, White Plains, New York 10605 appeared and addressed the Board.
Ms. Dickson stated that the Golf Course is in the Recreational Zoning district although 2
portions of the property that finger out onto Griffen Road are zoned R-20. The
applicants want to sub-divide one portion into a single family building lot.
The Chairman read into the record a November 7 letter from Madeleine and David
Arnow, and 2 faxed letters from Mr. and Mrs. Colin Porter, and Pritet Mohmed. The
letters express concerns regarding the project, the increased runoff the development of
the property might cause, and the use of the property, although the code that the Mohmed
letter cites does not appear to be the Town of Mamaroneck Code (possibly the cited
provisions are from the Town of Scarsdale Code).
The applicants were given copies of the three letters and were asked to address the
concerns of the Arnows, Porters and Mohmeds. The Board also had concerns such as
more detail of the planned development.
Mr. Colin Porter of 183 Griffen Avenue stated that he was concerned that drainage would
be a problem with more development, and that he was concerned with what the house
would be used for.
The chairman stated that normally when the Board approves a subdivision project the
Board also approves the work that will go on there..
Elizabeth Paul, Environmental Coordinator stated that this would require referral to the
Coastal Zone Management Commission, and in addition this parcel is part of a"critical
Environmental Area" in the Town of Mamaroneck.. It would require a full
Environmental Assessment Form, and a serious look at whether there would be any
potential impact on flooding, erosion, wildlife. The next CZMC meeting date is Tuesday
November 27, 2007.
Kevin G. Ryan stated that there is a mistake on the preliminary plan, in that the Zoning
Conformance Table does not reference the Town code, and that this should be corrected
for the next consideration.
Virginia Picciotto asked about the gravel driveway and curb cut that is already there and
whether or not it is legal.
Colin Burns general manager of the Winged Foot Golf Club stated that there is no
immediate plan to build a house in 2008. The applicant wants to subdivide so that it may
possibly build in the future or perhaps sell the lot.
The chairman stated that it was not really clear whether or not the Board could even
consider the application as it is without even a hypothetical building, and he quoted town
code as his reasoning.
§ 190-2. Policy.
A. It is declared to be the policy of the Town Planning Board to consider land subdivisions as
part of a plan for the orderly, efficient and economical development of the town. Land to be
subdivided shall be of such character that it can be used safely for building purposes without
danger to health or peril from fire, flood or other menace. ...
The chairman stated that the Board of health would have to be involved or a Plat could
not be signed.
The matter was referred to the Coastal Zone Management Commission, and Scarsdale.
On motion of C. Alan Mason, seconded by Edmund Papazian, the Board voted to adjourn
the matter to December 12, 2007.
OLD BUSINESS
Update on the Amendment to the Town Law proposed by Bill Maker. Subsequent reach
by Kevin Ryan and further discussion with Mr. Maker have lead to the conclusion that
Mr. Maker is going to ask the Town Board for an adjournment of the consideration, on
the basis that a question has been raised as to whether or not the Town has the authority
to make the change in the law.
In response to the question that has been raised whether the violations covered by the
proposed amendment are in fact classified as criminal, Mr. Ryan's research confirmed
that the violation is an unclassified misdemeanor and that conviction could subject the
defendant to up to six months in prison. Mr. Maker is requesting an adjournment to do
more research as to whether a Town Board may alter the burden of proof in such a
proceeding. The Board asks that if the Town Board is to go forward with the
amendment they again refer the matter to the Planning Board for review.
The chairman thanked Mr. Ryan for his research.
ADJOURNMENT
On motion of C. Alan Mason, seconded Virginia Picciotto, voted 7-0 the meeting was
adjourned at 8;55p.m.
Francine M. Brill
Planning Board Secretary