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HomeMy WebLinkAbout1994_05_11 Planning Board Minutes (2) (i) R1 J I f MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK MAY 11, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Marilyn Reader, Chair Richard Darsky 1,0 Cahriel Fay 4 t� Edward Gonye Linda Harrington WOAD Alan Murray JUT. 1 1994 Joel Negrin PAIR TOW 1d C�LE KCCIO MAMP ONECK ,/ Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer _ 17' Eve Nudelman, Environmental Coordinator Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chair Reader at 8:19 PM. MERGER OF LOTS - Reynald and Catherine Bonmati - Premium Point - Beach Road - Block 508 Lot 1, Block 508 Lot 30 and Block 509 Lot 125. Leonard Weinberg, architect, appeared. Mr. Silverberg explained that the Bonmatis owned three lots. One has a house on it, and they wish to build a tennis court on another one. As a condition of their Zoning Board approval, they are required to merge the lots. The deeds and a map have been filed with the County Clerk, and the Town's Assessor has been advised of the merger. The County Clerk has asked that the Planning Board waive its jurisdiction and that the Planning Board Chair sign the plat map. On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously RESOLVED, that the Planning Board waives its jurisdiction in the merger of the Bonmati lots and that the Chair of the Planning Board be directed to sign such waiver on the plat map. APPROVAL OF MINUTES On motion of Mr. Gonye, seconded by Mr. Murray, the minutes of October 13, 1993 were unanimously approved by those on this Board at that time. On motion of Mr. Murray, seconded by Mr. Gonye, the minutes of December 8, 1994 were unanimously approved by those on this Board at that time. Planning Board May 11, 1994 -2- CONSIDERATION - Fresh Water Wetlands and Water Courses Permit - Nantucket Home Builders (George Braverman) - Lot No. 7 - Fenbrook Drive - Block 309 Lot 7. Mr. Braverman appeared with his architect, Mark Mustacato. Mr. Trachtman stated that there is discrepancy of two feet between the grades filed by the applicant and those on the Town's topo maps. With the Town's numbers, a fairly large portion of the proposed front yard would be in the 100-year flood plain. With Mr. Braverman's numbers, there is much less encroachment. A surveyor will make a new determination this week. Before this Board can make a decision, the numbers need to be clarified. However, the application can be processed. On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously RESOLVED, that the Planning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type I Action having a significant impact on the environment as determined by New York State or corresponding local law; and it is FURTHER RESOLVED, that this matter be referred to the Coastal Zone Management Commission for environmental review. REFERRAL FROM TCMN BOARD - Amendment to Zoning Ordinance - "Recreation Zone". Mrs. Reader stated that the discussion was a continuation of one started at the April meeting and that it was a Board discussion only. A Public Hearing will be held before the Town Board. A quorum of members had walked the Winged Foot Golf Club and ridden through the Bonnie Briar Country Club. The members had been given a number of studies to read and had received specifics about the properties and the structures on them. Mr. Fay stated that the Town Board had been far seeing in recognizing a possible problem four years ago and has looked into the situation very thoroughly. He felt that the Town had come to the proper conclusion. It was Mr. Fay's opinion that conversion to a public club would cost a great deal of money and that the number of members would cause an overuse of the neighborhood. He stated that a community has a right to preserve its open space and that such a decision is not without precedent. Planning Board May 11, 1994 -3- Mrs. Reader stated that the purpose of the new zone was well documented in the SEQRA findings. There are many supporting documents - the Town's Master Plan, "Westchester 2000", a report from the Army Corps of Engineers and New York State's Local Waterfront Revitalization Program. Mrs. Reader stated that changing the zoning would be good flood control and would preserve habitats. The Board members, Mrs. Reader in particular, questioned the formation of the parking calculations and felt that the capacity could probably be less. Mrs. Reader noted that the provisions of the new law would apply only to new golf courses, recreation clubs or renovations of existing ones. The Board had several recommendations for changes to the law which it directed Mr. Silverberg to incorporate into the resolution. On motion of Mrs. Harrington, seconded by Mr. Murray, the Board unanimously directed the Chair to sign the following resolution. WFIPEAS, the Town Board has referred the proposed recreation zone and zoning map amendments to the Planning Board pursuant to Section 89-80 of the Zoning Ordinance of the Town of Mamaroneck, and WHEREAS, members of the Planning Board have had an opportunity to view the properties subject to the proposed zoning map change, and WHEREAS, members of the Planning Board have had an opportunity to review the findings of the Town Board on its review of the proposed zone changes under the State Environmental Quality Review Act, as well as the documents on which those findings were based, and WHEREAS, this Board is required to make a recommendation to the Town Board with respect to its referral of the zoning amendment and map change, it is RESOLVED, that the Board makes the following findings with respect to the recreation zone and the proposed changes to the zoning map. It is found that the proposed amendment and map change are in harmony with the comprehensive plan of land use for the Town of Mamaroneck and would be in furtherance of the purposes set forth in Section 89-1 of the Zoning Ordinance and, more specifically, such proposal will protect the character and social and economic stability of the Town and ensure that development will be orderly and beneficial, that the proposal will conserve the value of buildings located on adjacent properties and continue conformity of the use of the properties subject to the map change with the various policies of the Town as set forth in the Master Plan and Local Waterfront Revitalization Program. Further, that such proposal will limit development in an amount which is commensurate with the availability and capacity of public facilities and services. This Board finds that the proposed recreation zone will, as is set forth in the findings of the Town Board, be beneficial to the Planning Board May 11, 1994 -4- overall planning of the Town and that it will maintain valuable open space and recreational facilities. The proposed zoning of the properties in question is consistent with their existing use and therefore will help to maintain the character, social and economic stability of the Town while providing for the continuance of open space and recreational facilities within the Town, all of which is consistent with the Local Waterfront Revitalization Program and the Town's Master Plan. Further, the limitations on construction created by this zone will help to avoid potential impacts upon drainage in this highly sensitive area of the Town. The proposed zoning will further preserve the local habitat for plants, mammals, and fish, and shall be consistent with the policies of the L.W.R.P. It is therefore the recommendation of this Board that the Town Board adopt the recreation zone and that the properties designated be zoned for the recreation zone as set forth in the map attached. However, the Board requests that the Town Board review and give further consideration to the following provisions of the proposed zone: Section 2: We believe the reference should be to Section 89-5 not 89-1. Section 4(C) (3) : We would recommend adding "barns" to the permitted uses. Section 4(C) (5) : We would recommend adding to the permissible uses playgrounds and picnic areas. Section 4(C) : In addition, we would recommend that the Board add as additional accessory uses: cabanas, lockers, snack bars, pro shop, stables, corrals. We further suggest same provision for winter sports with a delineation of permissible activities. Section 5(A) (3) : Refers to a buffer area to fairways. It is unclear to this Board whether tees are included. Further, it is not clear to the Board members that a 50-foot buffer is necessarily appropriate for the tee area. We would request that the Town Board clarify this issue. Section 6(A) : The members of the Board are concerned with the parking formulas used. It appears that the present formula requires more parking than either of the existing golf courses presently have. Further, the formula for public recreation may not provide sufficient parking. We believe that the formula should be a combination of criteria similar to the criteria set forth for multiple-use recreation utilizing the athletic and restaurant facilities as well as acreage and the number of staff in residence in fixing a formula. Further, we recommend clarification with respect to whether parking should be paved as this Board feels minimization of paved parking would avoid additional impervious surfaces. Planning Board May 11, 1994 -5- Section 6(C) : We suggest that the Town Board look at coverage both for the principal building and overall coverage as the present designations may be excessive. As part of that review the Board should clarify which structures would be included in each calculation. Section 6(D) : Some of the members of the Board questioned height restrictions. It was their feeling that it might be appropriate to allow greater height particularly for structures which are set far back from property lines. ADJOURNMENT On motion of Mr. Murray, seconded by Mrs. Harrington, the members voted unanimously to adjourn the meeting at 10:04 PM. Bonnie M. Burdick --DgE)Pi77- MINUTES OFTHE REGULAR MEETING OF THE PLANNING BOARD CT THE TOWN OF MAMARONECK MAY 11, 1994, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK c, 9 Present: Marilyn Reader, Chair ' Richard Darsky kt Gabriel Fay I 4/ cp aq 0 Edward Gonye ©4 4V ; .., Linda Harrington Mq ��o 400 Alan Murray Wear Joel Negrin Eli Also Present: Steven M. Silverberg, Counsel Gary Trachtman, Consulting Engineer Eve Nudelman, Environmental Coordinator Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chair Reader at 8:19 PM. MERGER OF LOTS - Reynald and Catherine Bonmati - Premium Point - Beach Road - Block 508 Lot 1, Block 508 Lot 30 and Block 509 Lot 125. Leonard Weinberg, architect, appeared. Mr. Silverberg explained that the Bonmatis owned three lots. One has a house on it, and they wish to build a tennis court on another one. As a condition of their Zoning Board approval, they are required to merge the lots. The deeds and a map have been filed with the County Clerk, and the Town's Assessor has been advised of the merger. The County Clerk has asked that the Planning Board waive its jurisdiction and that the Planning Board Chair sign the plat map. On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously RESOLVED, that the Planning Board waive its jurisdiction in the merger of the Bonmati lots and that the Chair of the Planning Board be directed to sign such waiver on the plat map. APPROVAL OF MINUTES On motion of Mr. Gonye, seconded by Mr. Murray, the minutes of October 13, 1993 were unanimously approved by those on this Board at that time. On motion of Mr. Murray, seconded by Mr. Gonye, the minutes of December 8, 1994 were unanimously approved by those on this Board at that time. Planning Board May 11, 1994 -2- CONSIDERATION - Fresh Water Wetlands and Water Courses Permit - Nantucket Hone Builders (George Braverman) - Lot No. 7 - Fenbrook Drive - Block 309 Lot 7. Mr. Braverman appeared with his architect, Mark Mustacato. Mr. Trachtman stated that there is discrepancy of two feet between the grades filed by the applicant and those on the Town's topo maps. With the Town's numbers a fairly large portion of the proposed front yard would be in the 100-year flood plain. With Mr. Braverman's numbers, there is much less encroachment. A surveyor will make a new determination this week. Before this Board can make a decision, the numbers need to be clarified. However, the application can be processed. On motion of Mr. Negrin, seconded by Mr. Murray, it was unanimously RESOLVED, that the Planning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type I Action having ® a significant impact on the environment as determined by New York State or corresponding local law; and it is FURTHER RESOLVED, that this matter be referred to the Coastal Zone Management Ccztinission for environmental review. REFERRAL FROM TOWN BOARD - Amendment to Zoning Ordinance - "Recreation Zone". Mrs. Reader stated that the discussion was a continuation of one started at the April meeting and that it was a Board discussion only. A Public Hearing will be held before the Town Board. A quorum of members had walked the Winged Foot Golf Club and ridden through the Bonnie Briar Country Club. The members had been given a number of studies to read and had received specifics about the properties and the structures on their. Mr. Fay stated that the Town Board had been far seeing in recognizing a possible problem four years ago and has looked into the situation very thoroughly. He felt that the Town had come to the proper conclusion. It was Mr. Fay's opinion that conversion to a public club would cost a great deal of money and that the number of members would cause an overuse of the neighborhood. He stated that a community has a right to preserve its open space and that such a decision is not without precedent. Planning Board May 11, 1994 -3- Mrs. Reader stated that the purpose of the new zone was well documented in the SERA findings. There are many supporting documents - the Town's Master Plan, "Westchester 2000", a report fran the Army Corps of Engineers and New York State's Local Waterfront Revitalization Program. Mrs. Reader stated that changing the zoning would be good flood control and would preserve habitats. The Board members, Mrs. Reader in particular, questioned the formation of the parking calculations and felt that the capacity could probably be less. Mrs. Reader noted that the provisions of the new law would apply only to new golf courses, recreation clubs or renovations of existing ones. The Board had several recommendations for changes to the law which it directed Mr. Silverberg to incorporate into the resolution. On motion of Mrs. Harrington, seconded by Mr. Murray, the Board unanimously directed the Chair to sign the following resolution. WIGS, the Town Board has referred the proposed recreation zone and zoning map amendments to the Planning Board pursuant to Section 89-80 of the Zoning Ordinance of the Town of Mamaroneck, and WHEREAS, members of the Planning Board have had an opportunity to view the properties subject to the proposed zoning map change, and WHEREAS, members of the Planning Board have had an opportunity to review the findings of the Town Board on its review of the proposed zone changes under the State Environmental Quality Review Act, as well as the documents on which those findings were based, and WHEREAS, this Board is required to make a recommendation to the Town Board with respect to its referral of the zoning amendment and map change, it is RESOLVED, that the Board makes the following findings with respect to the recreation zone and the proposed changes to the zoning map. It is found that the proposed amendment and map change are in harmony with the comprehensive plan of land use for the Town of Mamaroneck and would be in furtherance of the purposes set forth in Section 89-1 of the Zoning Ordinance and, more specifically, such proposal will protect the character and social and economic stability of the Town and ensure that development will be orderly and beneficial, that the proposal will conserve the value of buildings located on adjacent properties and continue conformity of the use of the properties subject to the map change with the various policies of the Town as set forth in the Master Plan and Local Waterfront Revitalization Program. Further, that such proposal will limit development in an amount which is commensurate with the © availability and capacity of public facilities and services. This Board finds that the proposed recreation zone will, as is set forth in the findings of the Town Board, be beneficial to the Planning Board May 11, 1994 -4- overall planning of the Town and that it will maintain valuable open space and recreational facilities. The proposed zoning of the properties in question is consistent with their existing use and therefore will help to maintain the character, social and economic stability of the Town while providing for the continuance of open space and recreational facilities within the Town, all of which is consistent with the Local Waterfront Revitalization Program and the Town's Master Plan. Further, the limitations on construction created by this zone will help to avoid potential impacts upon drainage in this highly sensitive area of the Town. The proposed zoning will further preserve the local habitat for plants, mammals, and fish, and shall be consistent with the policies of the L.W.R.P. It is therefore the recommendation of this Board that the Town Board adopt the recreation zone and that the properties designated be zoned for the recreation zone as set forth in the map attached. However, the Board requests that the Town Board review and give further consideration to the following provisions of the proposed zone: Section 2: We believe the reference should be to Section 89-5 not 89-1. Section 4(C) (3) : We would recommend adding "barns" to the permitted uses. Section 4(C) (5) : We would recommend adding to the permissible uses playgrounds and picnic areas. Section 4(C) : In addition, we would recommend that the Board add as additional accessory uses: cabanas, lockers, snack bars, pro shop, stables, corrals. We further suggest same provision for winter sports with a delineation of permissible activities. Section 5(A) (3) : Refers to a buffer area to fairways. It is unclear to this Board whether tees are included. Further, it is not clear to the Board members that a 50-foot buffer is necessarily appropriate for the tee area. We would request that the Town Board clarify this issue. Section 6(A) : The members of the Board are concerned with the parking formulas used. It appears that the present formula requires more parking than either of the existing golf courses presently have. Further, the formula for public recreation may not provide sufficient parking. We believe that the formula should be a combination of criteria similar to the criteria set forth for multiple-use recreation utilizing the athletic and restaurant facilities as well as acreage and the number of staff in residence in fixing a formula. Further, we recommend clarification with respect to whether parking should be paved as this Board feels minimization of paved parking would avoid additional impervious surfaces. Planning Board May 11, 1994 -5- Section 6(C) : We suggest that the Town Board look at coverage both for the principal building and overall coverage as the present designations may be excessive. As part of that review the Board should clarify which structures would be included in each calculation. Section 6(D) : Some of the members of the Board question height restrictions. It was their feeling that it might be appropriate to allow greater height particularly for structures which are set far back from property lines. ADJOURNMENT On motion of Mr. Murray, seconded by Mrs. Harrington, the members voted unanimously to adjourn the meeting at 10:04 PM. Bonnie M. Burdick