HomeMy WebLinkAbout1993_09_22 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE
TOWN BOARD AND BOARD OF FIRE COMMISSIONERS
OF THE TOWN OF NNECK HELD ON THE
22nd DAY OF SEPTEMBER 1993 IN THE COURT ROOM
OF THE TOWN CENTER, 740 W. BOSTON POST ROAD,
MAMARONECK, NEW YORK
CONVENE EXECUTIVE SESSION
The Regular Meeting of the Town Board was called to order by
Supervisor Silverstone at 7:00 pm, at which time, on motion duly made
and seconded, the meeting was unanimously declared adjourned into
Executive Session in Conference Room A to discuss the Larchmont
Library Contract.
The Executive Session, on motion of Councilman Ryan, seconded by
Councilwoman OrFlinn, was unanimously declared adjourned at 8:25 pm.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Silverstone at 8:33 pm.
The meeting was called to order by Commissioner Silverstone at 8:33
pm in the Court Room of the Town Center.
Present were the following members of the Board:
Supervisor Caroline Silverstone
Councilwoman Elaine Price
Councilman Kathleen Tracy O'Flinn
Councilman Paul A. Ryan
Also present were:
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel.
Carol A. Acocella, Deputy Town Clerk
Louis Santoro, Fire Chief
Absent: John McGarr, who had to attend Back to School Night
CALL TO ATTENrION
Supervisor Silverstone pointed out to those assembled the locations
of exits as required by law for public gatherings.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Silverstone at 8:35
pm in the Court Room.
Present were the following members of the Commission:
Commissioner Caroline Silverstone
Commissioner Elaine Price
Commissioner Kathleen Tracy O'Flinn
Commissioner Paul A. Ryan
I. Fire Claims
Commissioner Ryan presented the fire claims for authorization of
payment. On motion of Commissioner Ryan, seconded by Commissioner
O•Flinn, it was unanimously
RESOLVED, that this Commission hereby
authorizes payment of the following Fire
Department claims as approved by the Fire
Chief and audited by the Comptrollers Office:
All Power Equipment Co. $ 140.65
AT&T 56.47
Con Edison 2.00
Con Edison 3.00
Con Edison 74.68
Coyne Textile Services 107.18
Dri-Chem Extinguisher Co. 49.70
Dri-Chen Extinguisher Co. 205.00
Dri-Chen Extinguisher Co. 354.00
Excelsior Garage & Machine Works, Inc. 1125.00
Giacomo Service Center, Inc. 34.00
Hoare Fair Camera 31.12
Thomas Landau, M.D. 180.00
Thomas Landau, M.D. 180.00
Thomas Landau, M.D. 180.00
Thomas Landau, M.D. 180.00
Thomas Landau, M.D. 180.00
Thomas Landau, M.D. 180.00
Thomas Landau, M.D. 180.00
Thomas Landau, M.D. 180.00
Thomas Landau, M.D. 180.00
Thomas Landau, M.D. 180.00
Lawrence Heat & Power Corp. 315.81
NBF 266.00
NYM 9.00
Rad Oil 268.00
Professional Touch Cleaners 40.00
Technical Electronics Inc. 100.00
Town of Mamaroneck Prof 110.04
Wescon Tire & Automotive Center 57.99
Wescon Tire & Automotive Center 903.30
6107.54
2. Authorization - Transfer of Funds
The Administrator explained that he was requesting that $1,400 be
transferred to Capital Project #89-10 (Feasibility Study Weaver Street
Firehouse) because of an addition expenditure that was incurred thereby
raising the project budget to $36,000.
On motion of Councilwoman Price, seconded by Councilman Ryan, it was
unanimously,
RESOLVED, that this commission hereby
authorizes the transfer of $1,400 from the
Fire District Budget Account #SF-9950.0 to
Capital Project Fund Account #H-3410.0 for
Capital Project #89-10 (Feasibility Study-
Weaver Street Firehouse) , which raises the
project from $34,600 to $36,000.
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September 22, 1993
3. Authorization - Establish Capital Project 93-4
Renovation of Fire District Headquarters
Mr. Altieri requested that the Board give their authorization to the
Town Comptroller to establish a Capital Project Account #93-4 for the
renovation and expansion of the Weaver Street Firehouse. He explained
that the fund would serve as the account for all expenses relating to
the project. The Administrator said that the- first $250,000 for
expenses towards the architectural and preconstruction costs was being
borrowed.
After a discussion, on motion of Councilwoman Price, seconded by
Councilman Ryan, it was unanimously,
RESOLVED, that this Commission hereby
authorizes the Town Comptroller to establish
Capital Project #93-4 for the renovation and
expansion of the Weaver Street Firehouse.
4. Other Business.
Chief Santoro reported that Ladder 19 was out of service and informed
the Board that the Building CoarmLittee had chosen a Construction Manager
for the renovation project.
The Supervisor asked if the Board would be given the time to look over
the information on the Construction Manager. Peter Perciaseppe answered
that the Architect, John Sullivan, had wanted to start work with the
construction Manager as soon as possible.
There being no further business to come before this Commission, on
motion by Commission Price, seconded by Commissioner Ryan, the meeting
was unanimously declared adjourned.
ITEM NOT ON AGENDA
Joint Sanitation workers were in attendance with their representative
from the union, AFSCAME, Mr. Mason who stated that he was here to speak
on their behalf.
Supervisor Silverstone welcomed them and invited Mr. Mason to come
forward.
Mr. Mason said that the workers were concerned about the recycling
program and that they would like to request that pickup of recyclables
be every two weeks using bins instead of the blue bags. He said that
they were being injured by broken glass and needles that are in the blue
bags.
Bobby Rice, Gregg Dupree, Kenneth Wesley and Jim Rice all stated that
they had been under the impression that recycling was going to be done
every two weeks beginning in September and emphasized because of
injuries the bins would be safer to use.
The Supervisor complimented the men for the service they perform and
urged then to go to a Village of Larchmont Board meeting to tell the
Village Board members of the problems the men were encountering. She
also said that the Village had voiced opposition to the open bins, but
promised that she would work on the problem.
Councilwoman Price informed the workers that it had been the consensus
of the Tmnm Board to reeyele every two Weeks.
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September 22, 1993
AFFAIRS OF THE TOWN
1. Appointments - Housing Authority
Supervisor Silverstone said that it was necessary to reappoint a member
of the Housing Authority and called on Councilwoman Price to make the
motion.
On motion of Councilwoman Price, seconded by Councilman Ryan, it was
unanimously
RESOLVED, that the Town Board of the Town of
Mamaroneck does hereby reappoint Paul Winick,
104 W. Garden Road as Chairman of the Housing
Authority for a period of one year, said term
expiring September 1994.
2. Resolution - Acceptance of Document and Set Public Hearing Date
RE: - Final Generic Environmental Impact Statement -
Conservation - Recreation Zone
Mr. Silverberg explained that Mr. Ferrandino had completed the Final
Generic Environmental Impact Statement for the Conservation - Recreation
Zone. He said it was now necessary for the Board to adopt the document
and set a date for the Public Hearing to receive oral comments and that
according to SEQRA regulations public comment would be received up to
and including 4:00 pm on October 18, 1993.
Councilwoman Price said that she expected the Town Board to have their
final findings on this matter determined by the end of the year, and
then after a brief discussion,
On motion of Councilwoman Price, seconded by Councilman Ryan,
WHEREAS, the Town board had previously directed the
preparation of a Final Generic Environmental Impact
Statement for the proposed Conservation/Recreation
Zone; and
WHEREAS, the Towns planning consultants,
Ferrandino & Associates, have prepared a Final
generic Environmental Impact Statement; and
WHEREAS, the Town board has reviewed the Final
Generic Environmental Impact statement prepared by
our planning consultants, Ferrandino & Associates,
NOW THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of
Mamaroneck does hereby declare the Final Generic
Environmental Impact Statement for the
Conservation/Recreation Zone as complete as
provided for under the terms and provisions of the
New York Environmental Quality Review Act and local
provisions of the Town of Mamaroneck; and
BE IT FURTHER,
RESOLVED, that public comment will be received
upon such Final Generic Environmental Impact
Statement up through and including 4:00 adjourned
on the 18th day of October, 1993, and that there
shall be an opportunity for oral comment upon the
final
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September 22, 1993
Generic Environmental Impact Statement on the 12th
day of October, 1993, at 7:30 adjourned at which
time this Board shall hod a public hearing for the
purposes of receiving oral comment on the Final
Generic Environmental Impact Statement.
Ayes: Ryan, O'Flinn,
Price, Silverstone
Nays: None
3. Authorization - Sale of Surplus Equipment
Mr. Altieri explained that he had provided the Board with a listing of
those vehicles and equipment that were no longer useful to the Town and
that he recommended that the Board adopt a resolution declaring the
equipment surplus and that he be authorized to institute the sale of
same.
On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it was
unanimously,
RESOLVED, that the Town Board of the Town of
Mamaroneck does hereby declare the following
list of equipment as surplus and that the Town
Administrator is authorized to institute the
sale of such equipment either by sealed bid or
by auction.
SURPLUS EQUIPMENT
VEHICLE # YEAR MAKE MODEL/TYPE VEHICLE I.D. NO.
14 1983 Plymouth 4DSN 1P3BP26G1DF199793
45 1985 Chevy 4DSN 2G1AW19XXF1175290
55 1987 Chevy 4DSN 1G1B1516XH9148639
152 1975 Chevy Dump CCE665V158196
162 1981 GMC Dump 1GDP8C1V1BV563479
165 1973 FORD Vacuum L91KVQ93099
180 1976 HWY MDL E10 Spreader 59825
181 1976 HWY MDL E10 Spreader 59830
301 1957 Ward LaFrance Pumper 112074449
4. Authorization - Settlement of Insurance Claim
The Administrator explained that he was requesting the authorization of
the Board to settle the Insrance Claim of Sybil Neuringer, who was the
little girl who was struck and killed by a car while crossing Palmer
Avenue near Walters Hot Dog Stand. He said that the claim had been
filed against the Village of Mamaroneck, the County of Westchester and
the Town and that our insurance carrier recommends that the Town settle
for $1000 and avoid a jury trial. After some questioning, he explained
that the lack of an crossing guard was at issue against the Town and
that it seemed prudent to settle.
On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it was
unanimously,
RESOLVED, that the Town Board of the Town of
Mamaroneck does authorize the settlement of
the Neuringer insurance claim against the
Town in the amount of $1000.
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September 22, 1993
4. Authorization - Amendment to Retainer Agree=ment-Counsel to the Town
Mr. Altieri explained that Lori Dickson, the person working with Town
Counsel on Tax Collection on behalf of the Town would be leaving as of
October 1 and that it would be necessary to replace her if we are to
continue our collection program. He said that he had received an
amendment to the Retainer Agreement from Counsel requesting that his
paralegal, Judy Sohn, take over the position at approximately $19 per
hour for seven hours per week. He noted that Counsel had requested that
the work be performed from his office.
After a discussion, on motion of Councilwoman Price, seconded by
Councilwoman O'Flinn, it was unanimously,
RESOLVED, that the Town Board of the Town of
Mamaroneck does authorize an amendment to the
Retainer Agreement between the -Town and
Kirkpatrick & Silverberg, whereby the Town
will reimburse said firm for the service of
their paralegal, Judy Sohn, at the rate of
approximately $19.00 per hour, seven hours per
week for tax collection work performed at the
firms offices effective October 1, 1993.
6. Set Public Hearing Date - Overnight Parking - Washington Square
The Administrator said that the Traffic Committee had been reviewing the
parking ordinance that prohibits overnight parking on Washington Square
and that after receiving much input from residents as well as staff,
they were recommending that the overnight parking ban be waived on the
South Side of Washington Square. He explained that the exemption would
create an additional eighteen overnight parking spaces which would
relieve an escalating problem in that area. The Board discussed staff
recommendations and locations and then,
On motion of Councilwoman O'Fli.nn, seconded by Councilwoman Price, it
was unanimously
RESOLVED, that this Board hereby sets October
6, 1993, as the date for a Public Hearing on
the proposed exemption on the ban for
overnight parking on the South Side of
Washington Square; and
BE IT FURTHER
RESOLVED, that the Town Clerk be and she
hereby is authorized to publish in an
official newspaper of the Town, Notice of
said Hearing as required by law.
7. Report of Bids - Leaf Loader #93-2
Mr. Altieri explained that the low bidder for leaf loaders at
$29,416 did not meet the specifications for trailer mounted leaf
loaders, which required that the leaf loader engine develop a
minimum of 90 horsepower and that the suction capability be a
minimum of 22,00 cubic feet per minute. He said that the low
bidder, Sam Allen's Modern Machinery, Inc. developed a maximum of
68 horsepower and suction capability of 16,600 eft, and that there
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September 22, 1993
were other items in that bid which did not meet specifications.
He recommended that the Trius, Inc. bid for $32,304 be accepted as
it met all specifications and was therefore the lowest responsible
bidder.
Mr. Silverberg, Town Counsel, agreed that the approval of the Town
Board to accept the bid of Trius, Inc. would be appropriate as he
was the only bidder that met the specifications as outlined.
On motion of Councilman Ryan, seconded by Councilwoman Price,
RESOLVED, that this Board does hereby accept
the Bid of Trius, Inc. of Bohemia, to furnish
and deliver two trailer mounted leaf loaders
and two leaf receiving boxes to the Town for
the total bid price of $32,304; and
BE IT FURTHER,
RESOLVED, that the Town Board does hereby
authorize the Town Administrator to enter
into the contract TA-93-2 on behalf of the
Town with Trius, Inc. as the lowest
responsible bidder.
8. Salary Authorizations - Recreation
-Section 8 Housing Program
Pursuant to the memo from William Zimmermann, Superintendent of
Recreation, on motion by Councilwoman Price, seconded by
Councilman Ryan, it was unanimously
RESOLVED, that as provided for in the 1993
Town Budget, authorization is hereby granted
for payment of salaries to the following:
Richard Rella, Open House Program, $45/session, effective 10/15/93.
James Grieco, Open House Program, $35/session, effective 10/15/93.
James Grieco, Teen Center, $35/session, effective 10/15/93.
James Cunningham, Teen Center, $35/session, effective 10/15/93.
Debra Matthews, Teen Center, $35/session, effective 10/15/93.
Craig Ryan, Life Guard, Honmocks Pool, $5.50/hour, effective 9/13/93.
Marcia Fraioli, Life Guard, He mtocks Pool, $5.50/hr, effective 9/13/93.
Brian Rosa, Alternate Life Guard, Hcmwcks Pool, $6/hr., effective
9/20/93.
Amy Caro, alternate Life Guard, Hoammocks Pool, $6.00/hr, effective
9/20/93.
Meghan Reilly, Life Guard, Masters Swim Program, $20/session, effective
retroactive to 9/13/93.
Katie Martyn, Life Guard, Masters Swim Program, $20/session, effective
retroactive to 9/13/93.
Steve Pelletier, Assistant Manager, Hommocks Park Ice Rink $11/hr,
effective 9/20/93.
Jim Distler, Assistant Manager, Honmocks Park Ice Rink, $10/hr,
effective 9/20/93.
Brian Ritz, Head Skate guard, Hcnmocks Park Ice rink, $7/hour,
effective 9/20/93.
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September 22, 1993
Jeremiah Riggans, custodian, Honmiocks Park Ice rink, $7.50/hr,
effective 9/20/93.
John Vaughn Johnson, Assistant Manager, Hommocks Park Ice rink, $10/hr,
effective 9/20/93.
Department of Community Services/Section 8 Housing Agency
Mr. Altieri said that Helen Mohan was retiring from. her position as
Director of Community Services and Administrator of the Section 8
Subsidy Program effective September 22, 1993. He said that after
considering alternatives for recruiting a successor, he was
recommending that Kathleen Kopa be appointed to the position. The
Administrator stated that Ms. Kopa had served as an assistant in the
Office of Community Services since 1988 and has a thorough knowledge of
the operation as well as the ability to serve as the head of the
department, and that she had passed the civil service exam for the
Section 8 Rent Subsidy Administrator. He therefore recommended her
promotion at an annual salary of $35,000.
On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it
was unanimously,
RESOLVED, that the Town Board does hereby
appoint Kathleen Kopa to the position of
Director of Community Services and
Administrator of the Section 8 Rent Subsidy
Program at an annual salary of $35,000
effective September 27, 1993.
APPROVAL OF MINUTES - June 30, 1993 (Special Meeting)
The minutes of a Special Meeting of June 30, 1993 were approved as
amended.
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
Edward Clarke, 67-Rockland Avenue, spoke on behalf of his neighbor
Betty Crawford, who had resided in her home for 42 year and is 81 years
old, stating that her Town tax bill is $9,757 and her total social
security income was $9,500. He explained that she had requested a
reduction in her taxes in 1991 at the assessor's office and she had
been turned down without explanation. He said that it was later
learned that she had her daughters, names on the deed, and they are
ineligible for the tax exemption.
The Supervisor said that she would do all she could to help Mrs.
Crawford, but found it unpleasant to air a persons difficulties before
the public. She then requested that an appointment be set up and that
she would arrange a meeting with the assessor.
Frank Levitan, 4 Crest Avenue, asked if the Town purchased items under
State Contract, explaining that as a 38 year taxpayer he would like to
see the Town take advantage of the better pricing. The Supervisor
replied that the Town does indeed utilize State Contract pricing when
available.
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September 22, 1993
Mrs. Jean Lineau, Lakeside Drive asked if the Town had received a
permit from New York State in regard to removal of geese from the Duck
Pond. Councilwoman Price answered that the permit was expected
sometime in December, and also explained about the federal government
involvement in the problem of geese.
Councilman an reported that there were three
RY � Important changes in TCI
Cable during the month of September: channel realignment; the cost of
remote control was lowered to .14; the $6.95 charge for each additional
TV connection was dropped totally.
Mr. Levitan congratulated Councilman Ryan on the fine work he has been
doing as the liaison from the Board to the Cable Tv Board of Control.
ADJOLIMUM
There being no further business to come before the Board, on motion by
Councilman Ryan, seconded by Councilwoman Price, the meeting was
unanimously declared adjourned at 10:00 pm.
Respectfully submitted,
Patricia A. DiCioccio
Town Clerk
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-----------------------------------------x
PUBLIC HEARING ON THE
FEIS ON THE PROPOSED
CONSERVATION/RECREATION ZONE
-----------------------------------------x
740 West Boston Post Road
Mamaroneck , New York 10543
October 12 , 1993
7 : 30 p . m .
KAZAZES & ASSOCIATES
Marci Loren Dustin , Reporter
250 East Hartsdale Avenue
Hartsdale , New York 10530
( 914 ) 725-2415
C(OPY •
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1 A P P E A R A N C E S :
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3
4
5 CAROLINE SILVERSTONE , SUPERVISOR
STEPHEN V . ALTIERI , ( NOT PRESENT)
6 PAUL R . RYAN , COUNCILMAN
JOHN McGARR , COUNCILMAN
7 ELAINE PRICE , COUNCILWOMAN
KATHLEEN O ' FLINN , COUNCILWOMAN
8 STEVEN M . SILVERBERG , Town COUNSEL
CAROL ACOCELLA , DEPUTY Town CLERK
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Proceedings
3
1
2 SUPERVISOR SILVERSTONE : This
3 evening ' s meeting is for the purpose
4 of holding a hearing with regard to
5 the Final Generic Environmental
6 Impact Statement on behalf of the
7 Conservation/Recreation Zone in the
8 Town of Mamaroneck .
9 I would like to turn to our
10 counsel , Steve Silverberg , and ask
11 him for a legal description of what
f' 12 we are doing tonight as it fits into
r
13 the entire process which has been
14 going on almost forever .
15 MR . SILVERBERG : The State
16 Environmental quality Review Act and
17 the regulations under it , call for a
18 public comment period - when a Final
19 Environmental Impact Statement has
20 been prepared .
21 The regulations indicate that
22 there is a minimum of a ten day
23 public comment period and there is
24 no provision in the regulations for
25 a Public Hearing on an FEIS .
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1 However , this Board decided
2 to extend the public comment period
3 and to also allow additional public
4 comment by holding this meeting
5 tonight to allow verbal comment on
6 the Final Generic Environmental
7 Impact Statement in addition to
8 written comment provided for in the
9 regulations .
10 The purpose of the meeting
11 tonight is not for the Board to make
12 any presentation but for you to
13 receive comments on the Final
14 Environmental Impact Statement and I
15 will note also for those here , that
16 the public comment period runs until
17 4 : 00 p . m . on October 18th and
18 therefore , any additional written
19 comments that anyone might wish to
20 submit , can be submitted up to that
21 date in time here at the Town Center
22 by submitting them to the Town
23 Clerk .
24 SUPERVISOR SILVERSTONE :
25 Would you describe what happens
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1 after tonight ' s meeting once the
2 comment period is over?
3 MR . SILVERBERG : Once the
4 comment period is completed , the
5 regulations call for the Town Board
6 to issue findings .
7 The findings will be the
8 Board ' s conclusion as to the results
9 of this environmental study which
10 had been ongoing and it will
11 incorporate findings based upon the
12 Draft Generic Environmental Impact
13 Statement , the Supplemental Generic
14 Environmental Impact Statement , the
15 Final Generic Environmental Impact
16 Statement and all of the comments
17 that have been submitted to you both
18 orally and in writing during that
19 process , and this will be in effect
20 your decision -- your conclusions
21 regarding that process and all of
22 the information that has been
23 supplied to you both from your
24 planning consultants and from the
25 public .
Proceedings
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1 SUPERVISOR SILVERSTONE :
2 Okay . And then following the
3 process of developing those
4 findings-
5 MR . SILVERBERG : Once you
6 make those findings , you will take
7 an action or not take an action
8 based upon the conclusion that you
9 reach in those findings .
10 If you conclude as a result
11 of this process that there should be
12 a rezoning of the property -- the
13 properties that are included in the .
14 area that has been studied , you will
15 indicate in your findings what you
16 believe the appropriate zoning
17 should be and then there is a
18 process for rezoning the property
19 which requires that you do a
20 referral to the Planning Board , for
21 the Planning Board to hold a Public
22 Hearing on that referral and issue a
23 report to your Board and for your
24 Board to hold a Public Hearing on
25 any zoning change based upon all of
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1 the information you have including
2 the report from the Planning Board
3 based on their Public Hearing .
4 SUPERVISOR SILVERSTONE : By
5 very nature of the electoral process
6 and the fact that we are going into
7 elections in about three weeks , and
8 the current Town Board and Town
9 Supervisor will finish their
10 terms -- some of us will finish our
11 terms as of December 31st of this
12 year , then a new set of people take
13 office with a couple of holdovers .
14 So , I for one will definitely
15 not be here next year . It is my
16 feeling that it is crucially
17 important that the current Board , as
18 currently constituted , must make the
19 findings from the study which has
20 taken us quite a long time .
21 So , we are predicating our
22 decisions as to the calendar on the
23 fact that we wish to finish these
# .. 24 findings , and you may expect that we
25 will announce our findings in
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1 December before the final bell
2 strikes , December 31st , although
3 it ' s quite clear that we will not
4 get to the point of making the
5 zoning change .
6 The next Town Board will be
7 left with the job of making any
8 desired zoning change , which
9 decision they will make based on the
10 findings that this Board has
11 concluded .
12 With that said , I would take
13 a motion to open the hearing .
14 COUNCILWOMAN PRICE : So
15 moved .
16 COUNCILMAN McGARR : Second .
17 SUPERVISOR SILVERSTONE : All
18 in favor?
19 (Whereupon , all Board members
20 say aye . )
21 SUPERVISOR SILVERSTONE : The
22 first thing I will do is to read a
23 letter that I have here from
24 Stroock , Stroock & Lavan .
25 It says , "On behalf of the
Proceedings
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1 the Bonnie Briar Syndicate ,
2 Incorporated , owners or the property
3 on which Bonnie Briar Country Club
4 is located , we respectfully request
5 that the period for public comment
6 on the Final Generic Environmental
7 Impact Statement be extended for
8 three weeks until November , 8 , 1993 .
9 The document is , as you know,
10 extensive . In order for our clients
11 to analyze, the document thoroughly
12 and provide meaningful comment ,
13 additional time is required .
14 We know of no urgent reason
15 that would preclude the granting of
16 this extension . Thank you for your
17 consideration of this request , and
18 we look forward to your response . "
19 Well , I have just said what I
20 believe is the urgency of -this and
21 we are providing well over three
22 weeks of comment period when the law
23 does not require us to provide
24 anything like that much time and so
25 I do feel that this is not only
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1 sufficient , but that the calendar
2 requires that we move this process
3 along .
4 Does any Board member wish to
5 disagree with the point that I am
6 making and wish to give Stroock,
7 Stroock and Lavan more time?
8 COUNCILMAN RYAN : No .
9 SUPERVISOR SILVERSTONE :
10 Okay . With that said , then I will
11 proceed to take comments from the
12 people assembled here this evening
13 and I believe , it looks to me -- Let
14 me interrupt myself and say , it
15 looks to me as though we don ' t have
16 enough people here so that we have
17 to set up strict criteria of maximum
18 number of minutes per person .
19 I will ask you to state your
20 name and address when you speak , and
21 Mr . Nat Parish has requested that he
22 be allowed to start , he has another
23 meeting to attend after this one and
24 we respectfully allow him to do
25 that .
Proceedings
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1 MR . PARISH : I am here
2 tonight -- My name is Nathaniel
3 J . Parish . I am from the firm of
4 Parish &. Weiner , 560 White Plains
5 Road , Tarrytown , New York 10591 .
6 I am here tonight in my
7 capacity as consultant to the Bonnie
8 Briar Syndicate who are the owners
9 of the Bonnie Briar Country Club
10 property and I am presenting
11 testimony on their behalf .
12 Before I offer my substantive
13 comments on the Final Generic
14 Environmental Impact Statement , I
15 think you should understand my
16 clients ' position with respect to
17 this process .
18 From day one , my clients have
19 tried to sit down with Town
20 officials to discuss the future of
21 the Bonnie Briar property -- to try
22 and find a way of accommodating both
23 the interests of the Town and their
24 own interests as owners of the
25 proper .
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1 My clients are reasonable ,
2 responsible individuals who have
3 served in local government and
4 worked in local government in
5 developing land .
6 They recognize the importance
7 of establishing a harmony between
8 the interests of the community in
9 preserving its environment and the
10 economic interests of property
11 owners .
12 on several occasions my
13 clients have sought a dialogue with
14 Town officials . Their requests
15 having been denied , my clients
16 commenced a lawsuit earlier this
17 year in an effort to protect their
18 property rights .
19 An esteemed former justice of
20 the Appellate Division urged Town
21 officials to sit down with us to
22 find a middle ground , stating that ,
23 in his opinion , it would be best to
24 resolve this matter outside of the
25 courtroom . The Town officials ,
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1 however , refused .
2 We will submit for the record
3 copies of letters from the Town ' s
4 attorney to Justice Lange , informing
5 him that the Town has no interest in
6 talking to my clients .
7 The unwillingness of -the Town
8 Board to at least try to come to a
9 meeting of the minds is totally
10 baffling to my clients . After all ,
11 the property in question is not
12 owned by the Town and the Town Board
13 must recognize that my clients have
14 considerable rights with respect to
15 its future .
16 In light of the Town ' s
17 adamant refusal to talk or listen ,
18 my clients are willing to do what
19 they have to do to protect their
20 property rights . Each of you would
21 do the same if you were in their
22 position .
23 They are , however , still
24 hopeful that costly and protracted
25 litigation can be avoided . They
Proceedings
14
1 remain willing to talk with Town
2 officials and arrive at a solution
3 which will ensure that any
4 development of Bonnie Briar will
5 conform to the Town ' s aesthetic and
6 environmental needs .
7 This is an option that we
8 hope you as Town Board members and
9 fellow property owners will
10 consider .
11 My clients well understand
12 the rights and concerns of local
G'
13 government and the need for sound
14 and protective legislation and
15 regulation in order to protect the
16 environment and to preserve
17 community character while at the
18 same time recognizing the economic
19 rights of a property owner .
20 Unfortunately , the EIS
21 process that has emerged in this
22 case is not at all focused on
23 achieving that objective . It
24 started out with a DEIS which was
25 replete with factual errors , faulty
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15
1 analyses , and was seriously
2 incomplete . It proceeded to a
3 Supplementary DEIS that added to the
4 confusion by. its serious failure to
5 reconcile new data and alternatives
6 with those in the previous document
7 and it continued to warp data and
8 analyses to try to make them fit
9 what is obviously a preconceived
10 objective , and now an FEIS has been
11 produced which professes to cure all
12 previous errors and to answer
13 questions and objections previously o
14 raised . It achieves none of this
15 and only serves to add more
16 confusion and misinformation to the
17 process .
18 We will attempt during the
19 limited time available to provide
20 for the record expanded comments
21 that point out examples that will
22 bear out the criticisms which we
23 have cited .
24 Tonight we would like to ask
25 the Board and the citizenry to
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16
1 reflect on the issue as a whole and
2 to try to focus on the essential
3 elements that need to be considered .
4 Clearly the objectives of the
5 community , as described in its own
6 master planning documents and later
7 in the LWRP policy recommendations ,.
8 is to preserve the Bonnie Briar
9 property as an open space and as a
10 recreation resource .
11 Unfortunately , your SEQRA
12 documents do not state this as the
13 proposed action . At the outset they
14 continually misstate the action . In
15 the body of the documents there are
16 continued contradictions as to what
17 the action really is . Had this been
18 clearly stated , then the studies
19 would have been focused in another
20 direction , i . e . , how to best achieve
21 a permanent open space and public
22 recreational resource for the
23 benefit of the citizens of
24 Mamaroneck .
25 The Board and its consultants
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17
1 clearly believe that use of this
2 property as a golf course is
3 economically feasible and would not
4 be a burden on the taxpayers .
5 The FEIS in answer to comment
6 AL7 on page 48 states that , "golf
7 courses are economically viable
8 uses . "
9 If the Board truly believes
10 that they are economically viable
11 for a private entity , then surely it
12 must logically follow that public
13 ownership is feasible . After all ,
14 public ownership does not require a
15 profit factor or a specific return
16 on investment , and therefore , would
17 be even more feasible than private
18 ownership .
19 Simply put , the document
20 which the Board has issued concludes
21 that it would be perfectly feasible
22 for the Town to purchase and operate
23 a golf course . That would certainly
24 preserve the property as a permanent
25 open space and make it truly
Proceedings
'18
1 available as a recreation resource
2 for its residents . So , why then
3 does the document continue to
4 examine other alternatives?
5 Apparently , the answer is
6 that there is some reluctance on the
7 part of the Board to take on the
8 task of ownership and operation of a
9 golf course . Rather , it seems to
10 want to consider how to use the
11 zoning tool to at least achieve the
12 public open space objective .
13 My clients have no objection
14 to the basic concept that .valid
15 environmental concerns need to be
16 taken into account in terms of
17 regulations that would govern
18 possible future development of
19 portions of the property . But , this
20 is far different than an approach
21 which essentially says , how can we
22 use the zoning tool to obtain a
23 permanent open space without. paying
24 for it?
25 The former is within the
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19
1 legitimate purview of government ,
2 the latter would constitute a taking
3 of the property which surely would
4 be found to be unconstitutional by
5 the courts of this state and nation'.
6 The Board and the citizenry
7 need to clearly focus therefore on
8 two alternatives :
9 One , a public acquisition of
10 the golf course ;
11 Second , development
12 regulations that would address valid
13 environmental concerns and recognize
14 the legitimate economic rights of
15 the property owner .
16 When properly summarized and
17 analyzed , the SEQRA information
18 developed to date does give the
19 Board a considerable amount of data
20 to use in arriving at a conclusion
21 as to the second alternative . The
22 hard data in the report clearly
23 indicates the following :
24 One , that a cluster type
25 zoning regulation could be developed
Proceedings
20
1 which would protect the wetlands and
2 encourage the retention of a golf
3 course within the site .
4 Two , that development at the
5 current density , which is ,equal to
6 and less than the surrounding
7 density of the community would :
8 ( a ) not increase any upstream
9 or downstream flooding problem ;
10 ( b ) not produce any
11 significant adverse impacts on Long
12 Island Sound ;
13 ( c ) not produce any
14 significant adverse traffic
15 problems ; not produce any
16 significant adverse impacts on
17 community facilities in terms of
18 their adequacy or cost and benefit
19 concerns .
20 We emphasize the term
21 significant adverse impacts because
22 that is the test that the SEQRA
23 process continually uses .
24 In the EIS documents the
25 Board has elected , by its own
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21
1 assertion , to use the SEQRA process
2 as the basis for making . a possible
3 zoning decision . It cannot ,
4 therefore , rely on obscure , trivial
5 and highly speculative
6 characterizations of impacts as the
7 basis for a zoning decision . It
8 must , by its own choice , examine
9 what significant adverse impacts ,
10 and I emphasize , significant adverse
11 impacts , there might be in any
12 zoning alternative . Also , it must
13 take into account whether any
14 significant impacts can be
15 reasonably mitigated .
16 We submit that the
17 alternatives that we have previously
1g presented as hypothets (ph) , or
19 reasonable variations thereof , do
20 clearly meet the required test .
21 They do not have any significant
22 adverse impacts which cannot be
23 reasonably mitigated . The factual
24 data in the report bears it out ,
25 But its failure to so state in clear
f
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22
1 and unambiguous terms , brings into
2 question the objectivity of this
3 SEQRA process .
4 If it chooses to avoid the
5 public ownership alternative , any
6 zoning regulation that the Board
7 will ultimately decide upon , must be
8 selected on the basis of the factual
9 data in the SEQRA documents and
10 cannot rely on any conclusions that
11 are not supported by factual data .
12 If the Board does not
13 rigorously follow this path , then
14 the whole SEQRA process , which it
15 has chosen as the basis for reaching
16 a zoning decision , will surely be
17 deemed to be a serious flaw in the
18 almost certain litigation that would
19 follow .
20 We suggest that the Board has
21 three procedural paths that it could
22 follow at this point :
23 One , it can elect to start a
24 process of public acquisition of the
25 property .
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23
1 Two , it can reissue a DEIS
2 and FEIS which properly identify the
3 action proposed and which
4 objectively and evenhandedly present
5 factual data and avert conclusory
6 analyses and statements unsupported
7 , by the facts . It . should also
8 eliminate language and statements
9 that are speculative and not
10 relevant to the issue at hand .
11 Three , on the assumption that
12 the Board will unfortunately choose
13 to ignore the first two
14 alternatives , it should at the very
15 least , proceed in its findings
16 statement to recommend a zoning
17 pattern and regulatory controls that
18 will preserve the open space and
19 protect areas of environmental
20 concern while at the same time
21 permitting sound development that
22 respects the economic rights of the
23 property owners .
24 As we previously noted , my
25 clients will: be most willing to
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24
1 cooperate in this matter . Their
2 first choice would not be to proceed
3 with the litigation process which is
4 under way and to add new litigation
5 to the process . They would rather
6 enter into a negotiation with the
7 Board as to a specific and
8 reasonable development plan . They
9 are certainly willing to enter into
10 an agreement that would permanently
11 preserve a major portion of the
12 property as an open space and as a
13 golf course and would agree to limit
14 the development in an amount , and
15 within areas of the property , that
16 can reasonably be accommodated .
17 We respectfully ask that the
18 Board carefully consider our
19 comments as a constructive approach
20 towards a reasonable solution of the
21 issues that this SEQRA process has
22 considered .
23 We ask that the Board focus
24 on a solution that will meet
25 legitimate public objectives and
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25
1 concerns as well as those legitimate
2 economic concerns of the owners of
3 the property . Thank you .
4 SUPERVISOR SILVERSTONE :
5 Okay . Thank you , very much . Now, I
6 think what we ought to do probably
7 is to find out if there is anyone
8 here who wants to speak on behalf of
9 the Bonnie Briar County Club
10 Organization and any other major
11 proponents .
12 (Whereupon , a member of the
13 audience raises their hand . )
14 SUPERVISOR SILVERSTONE : You
15 are , sir?
16 MR . REIN : My name is Alan
17 Rein . I am President of Bonnie
18 Briar Country Club .
19 I do not wish to dispute
20 piecemeal the statements made by
21 Mr . Parish , although certain of the
22 legal conclusions he has drawn , I
23 would dispute . I am no more able to
24 than Mr . Silverberg , although I am
25 also a lawyer .
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26
1 My comments are not really
2 addressed to the study which I have
3 only read cursorily .
4 I can ' t say that I understand
5 it . It seems good to me , and that
6 is as far as I go .
7 However , I do want to point .
8 out to the Board that Bonnie Briar
9 Syndicate , for which Mr . Parish
10 speaks , is made up fundamentally of
11 two shareholders . Bonnie Briar
12 Associates , a 60 of 59% shareholder
13 and Bonnie Briar Country Club , a 41%
14 shareholder .
15 He certainly does not speak
16 for the Country Club . I can , he
17 does not .
18 We did not get involved in
19 litigation , we knew nothing about it
20 until we read about it in the
21 newspaper .
22 We do not threaten this Board
23 with litigation . We rely on this
24 Board to do what it in its wisdom
25 decides .
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27
1 It is our view , and our view
2 is well known , that we would prefer
3 to remain as a Country Club on the
4 land that we have occupied for some
5 sixty or seventy years and which we
6 and predecessors owned until a group
7 of developers got together and
8 bought out some former members of
9 the club who had shares .
10 In essence , and I am not
11 going to bore you with recitation ,
12 just say that our view is that we
13 like the open space , we like the
14 Country Club . We do not subscribe
15 to litigation against this Town .
16 It ' s not in our interest and
17 I don ' t think it ' s in the interest
18 of anybody- and we rely on your
19 wisdom .
20 SUPERVISOR SILVERSTONE :
21 Thank you , Mr . Rein . Is there
22 . anyone else who represents a major
23 group , fashion or whatever?
24 ( Whereupon , there is no
25 response from the audience . )
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28
1 SUPERVISOR SILVERSTONE :
2 Okay . In that case--
3 COUNCILWOMAN O ' FLINN : I have
4 a statement from the CAC ( inaudible)
5 and they asked me if I could read
6 that statement .
7 SUPERVISOR SILVERSTONE :
8 Councilwoman O ' Flinn has a statement
9 from the Conservation Advisory
10 Commission which she would like to
11 read .
12 COUNCILWOMAN O ' FLINN : This
13 was provided to me by the CAC in
14 writing and they asked if I would
15 read it this evening as no members
16 of the CAC are able to be here .
17 "The CAC has reviewed the
18 Final Generic Environmental Impact
.19 Statement prepared as part of the
20 SEQRA process related to
21 consideration of a proposed change
22 in the zoning requirements affecting
23 three golf course properties in the
24 Town .
25 As you know , the CAC has
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29
1 provided ongoing advice and
2 consultation to the Town throughout
3 the entire review process .
4 The CAC has commented
5 extensively on the potential impact
6 of the proposed actions and the
7 alternatives on traffic , water
8 quality , flooding , wildlife and
9 aquatic life , wetlands , the Long
10 Island Sound , noise , air quality ,
11 historic and archeological
12 preservation , open space , our school
13 system , and open space . " I am
14 reading it with all of the typos .
15 "We have cautioned about the
16 need to find a way to determine and
17 deal with potential impacts of
18 upstream development activity over
19 which the Town has no real control .
20 The members of the CAC have
21 spent many hours attempting to help
22 the Town come to the best
23 conclusions possibly about the
24 importance of maintaining the
25 quality of life in our community .
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30
1 Many other residents of our
2 community have also spent countless
3 hours in an effort to positively
4 influence decisions about our
5 future .
6 In reviewing the final
7 document , we have come to the
8 conclusion that many of our concerns
9 have been addressed from a technical
10 point of view . That is , the issues
11 we raised , have been formally
l 12 considered in the report .
13 The CAC believes , however ,
14 that the technical conclusion
15 reached by the report , namely that
16 the incremental environmental impact
17 of the proposed action would be
18 minimal , should be reviewed by the
19 Town Board in the context of what we
20 believe are the larger environmental
21 and quality of life issues . We
22 believe that even minimal
23 degradation of our environment is
24 going in the wrong direction . The
25 risks associated with development of
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31
1 these environmentally sensitive
2 areas are substantial and not
3 subject to being easily fixed at a
4 later date .
5 We believe that as a matter
6 of public policy the Town should do
7 what it must to enhance our
8 environment and the quality of life
9 of its residents .
10 The CAC therefore recommends
11 that the Town of Mamaroneck take the
12 actions necessary to preserve the
13 golf courses as open space .
14 Further , we believe that
15 steps should be taken immediately to
16 ensure that these golf courses are
17 managed in a manner consistent with
18 good environmental practice
19 particularly as it is related to the
20 use of pesticides and fertilizers .
21 The CAC remains ready to
22 assist the Town in any way possible
23 to promote improvement in our
24 environment and the qualify of life
25 enjoyed by Town residents . "
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32
1 SUPERVISOR SILVERSTONE :
2 Okay . We are emphasizing that this
3 is a CAC statement and not a
4 Kathleen O ' Flinn statement and that
5 the Town Board members have not
6 reached any conclusions on this
7 project at this point .
8 COUNCILWOMAN O ' FLINN : Yes .
9 COUNCILMAN RYAN : The CAC is
10 comprised of members of all three
11 communities .
12 SUPERVISOR SILVERSTONE : Yes ,
13 true . Okay . That is that . I
14 believe that what we are going to do
15 now is to hear from ordinary
16 residents , and let ' s do this . Since
17 I don ' t have a record of who came in
18 first , second , third and so on ,
19 let ' s take one person from this side
20 and then one person from this side .
21 We will go back and forth .
22 (Whereupon , a member of the
23 audience raises their hand . )
24 MR . LEHMAN : My name is Edgar
25 Lehman , L-E-H-M-A-N , and I appear as
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33
1 the President of the Friends of the
2 Reservoir of the Larchmont Reservoir
3 Conservancy just across the road --
4 Weaver Street -- from Bonnie Briar .
5 I had the privilege of
6 addressing you on behalf of the
7 Friends of the Larchmont Reservoir.
8 on the possible Bonnie Briar
9 Development for the first time in my
10 letter of July 28th , 1991 .
11 On that occasion you each
12 received from the Friends of the
13 Reservoir a fifteen-page document
14 bound in a tan folder like this .
15 ( Indicating )
16 This document included aerial
17 photographs following the West
18 Sheldrake River from Quaker Ridge
19 Road in New Rochelle through the
20 Larchmont Reservoir , also known as
21 Sheldrake Lake , through Bonnie Briar
22 Golf Course , along Brookside Drive ,
23 through Gardens Lake , and having
24 joined the East Sheldrake earlier
25 and the Mamaroneck River near the
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34
1 railway station in Mamaroneck , it
2 then passes through downtown
r.
3 Mamaroneck and out into the Long
4 Island Sound .
5 I wrote to you again and that
6 document contains a lot of
7 information which you all have
8 available , and certainly I shouldn ' t
9 go into detail on it because it is
10 there .
11 I wrote to you again on
12 December 9th , 1992 , supplemented by
13 a letter dated December, 21st , 1992
14 with photographs of flooding on the
15 Bonnie Briar Golf Course during a
16 rainfall of 2 . 79 inches in a
17 twenty-four hour period on December
18 11th , 1992 , supported by rain gage
19 printouts on an hourly basis from
20 our Reservoir Conservancy ' s weather
21 station .
22 The less than three inches of
23 rainfall on December 11th , 1992
24 caused the Larchmont Reservoir level
25 to peek at just one and one half
Proceedings
35
1 feet below the crest of the damn ,
2 the spillway , and it caused the
3 Sheldrake River , alongside Brookside
4 Drive , to come within one and one
5 half feet of overflowing its banks .
6 If we reduce the extensive
7 contribution the Bonnie Briar Golf .
8 Course makes through its own
9 flooding and by absorbing , holding
10 back and retaining storm water to
11 any degree and in any form , a two
12 year or five year or ten year or
13 twenty-five year storm will mean
14 very costly flooding along the
15 Sheldrake in many of the community
16 sections or communities between
17 Bonnie Briar and the Long Island
18 Sound .
19 With the letter of December
20 21st I sent to all of you
21 photographs of Bonnie Briar showing
22 the contrast of the morning and
23 afternoon flooding levels on Bonnie
24 Briar on the 11th of December
25 compared to the normal Sheldrake
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36
.1
1 River level on Bonnie Briar just two
2 days after the storm on the 13th .
3 In 1993 the Friends of the
4 Reservoir arranged to have
5 extentsive depth soundings taken on
6 the reservoir , Sheldrake Lake .
7 A copy of the chart , a little
8 amateurish , but we vouch for the
9 numbers , is attached to this letter
10 of today .
11 The soundings support our
12 photographs and comments of our
13 letter of July 28th , 1991 in this
14 beige folder . Confirming the very
15 rapid and accelerating silting in of
16 the reservoir , thereby eliminating a
17 major portion of the reservoir ' s
18 capacity in flood control .
19 As I have mentioned in the
20 past , the reservoir together with
21 the Mamaroneck Town , operate a
22 computerised automated valving
23 system to draw down the reservoir in
24 preparation for oncoming storms .
25 This very bad news shouts for
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37
1 the abatement of any activity
2 including a Bonnie Briar development
3 that would have a negative effect on
4 flood control in the Sheldrake
5 Watershed .
6 We have quite good
7 documentation going back to when
8 some of these plans were made in
9 1897 of the original surveys of the
10 land and the changes to land that
11 became the Larchmont Reservoir .
12 Construction started in 1903
13 and was finished a few years later .
14 So the reservoir will soon have or
15 has now more or less its 90th
16 birthday .
17 If we look at these -- at
18 this original data , and compare it
19 to the soundings that we have taken ,
20 we see that the reservoir , over this
21 whole period , but primarily in the
22 last twenty , twenty-five years , has
23 silted in very heavily .
24 The loss of depth of the
25 water has been about three feet or
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38
1 more , three to four feet overall ,
2 and as much as six to eight feet in
3 certain
areas near the channels
4 where , because of the quick change
5 in speed of water , there would be a
6 greater settlement then in other
7 areas .
8 We would be glad to make any
9 of this data available for anybody
10 who wishes to look at it , and it is
11 on the basis of this knowledge that
12 we say that in the future , no matter
13 what we do , short of emptying the
14 reservoir of all silt , the reservoir
15 will not be able , on an ongoing
16 basis and with development elsewhere
17 or changes elsewhere , will not be
18 able to play the mitigating roll
19 which it has played over the last
20 few years in flood control , adding
21 to a further loss of a large
22 property which sits in the middle of
23 the line of the Sheldrake .
24 Inability to count on - Bonnie
25 Briar to absorb in its grassy
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39
1 surface or to retain , for a short
2 time , water that comes down the
3 Sheldrake as it goes over the banks
4 of the river , that would be -- would
5 cause in addition to the amount of
6 flooding below that we have had in
7 the past and the cost of flooding
8 down below in the last twenty-five
9 years has cost many millions of
10 dollars .
11 So this is the basis for our
12 position that any change on the
13 Bonnie Briar in increasing runoff
14 from the upper areas , absorbing less
15 than it ' s absorbing now , would have
16 a negative effect and counter our
17 present ability to mitigate damage
18 down below .
19 SUPERVISOR SILVERSTONE : Are
20 you prepared to give us copies of
21 these documents for the record?
22 MR . LEHMAN : I think we can
23 do that . Somehow I have to cut them
' 24 up into sections and piece them
25 together , but I think we can do
Proceedings
40
1 that . Engineering firms have--
2 COUNCILWOMAN PRICE : We can
3 reduce that . It ' s P ossible that we
4 can reduce them .
5 SUPERVISOR SILVERSTONE :
6 Certainly the small ones we can do .
7 Maybe you could stop in and see if
8 it ' s possible to get a copy of those
9 made . I think we should have them
10 as part of the hearing .
11 MR . LEHMAN : Okay .
12 SUPERVISOR SILVERSTONE : Have
13 you concluded?
14 MR . LEHMAN : Yes .
15 MR . PARISH : May I direct a
16 question through you to the
17 gentleman?
18 SUPERVISOR SILVERSTONE :
19 Sure .
20 MR . PARISH : Sir , I would
21 like to know if you read the
22 hydrologic studies as to flooding ,
23 flood impacts and so on in the
24 Generic Environmental Impact
25. Statement reports , the two earlier
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41
1 reports , the Draft and Supplemental ,
2 and if so , what your opinion was of
3 the reports that the Town ' s
4 engineers prepared and included in
5 that report .
6 MR . LEHMAN : I have read
7 them , but I don ' t think I am
8 qualified to have an opinion on the
9 specialty of hydrology of an area ,
10 especially if I don ' t know what the
11 rock base , etcetera , is . That is
12 quit an extensive study , that is not
13 something you--
14 MR . PARISH : Thank you , sir .
15 SUPERVISOR SILVERSTONE : Let
16 me make the record show that those
17 were -- that is a consulting
18 engineer for the Town , it was not
19 the Town ' s own engineer .
20 MR . PARISH : I am sorry .
21 SUPERVISOR SILVERSTONE : All
22 right . Now let ' s have someone--
23 COUNCILMAN RYAN : Mr . Lehman ,
24 can I just ask one question? You
25 mention a three to four feet overall
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42
1 shrinkage and then six to eight feet
2 in the channels in the last twenty ,
3 twenty-five years . Can you give an
4 approximation--
5 MR . LEHMAN : Adjacent to the
6 channels .
7 COUNCILMAN RYAN : Okay . Can
8 you give a rough guesstimate on the
g percentage lost in volume over that
10 same period based on the filling in?
11 MR . LEHMAN : I believe that ,
12 according to this data , the original
13 depth was in the area of about
14 nineteen feet . So it represents a
15 loss of about -- in the last
16 twenty-five years since the silting
17 has been an issue , a loss of about
18 15% when we really can ' t afford any
19 loss .
20 SUPERVISOR SILVERSTONE :
21 Okay . We appreciate that . Let ' s
22 take somebody from this side of the
23 room . Would someone care to speak
24 from this side of the room?
25 (Whereupon , a member of the
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43
1 audience raises their hand . )
2 SUPERVISOR SILVERSTONE : Yes .
3 Can you come up here , please?
4 MS . COLEMAN : My name is
5 Carol Coleman and I live at 5 Flint
6 Avenue . I am speaking on behalf of
7 the Larchmont League of Women
8 Voters .
9 I am just going to read a
10 commentary . After review of the
11 DGEIS and the SGEIS and the Final
°` 12 Generic Impact Statement , the
13 Larchmont League of Women Voters
14 continues to urge the Town of
15 Mamaroneck to make every attempt to
16 preserve the Bonnie Briar Country
17 Club land as an open space and as a
18 recreational facility to be used by
19 Town residents .
20 The League is pleased to see
21 that some of the issues raised in
22 our 1991 commentary to the DGEIS
23 have been addressed .
24 A brief feasibility study of
25 the recreational facility
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44
1 alternative was incorporated in the
2 SGEIS and some modifications were
3 made to the demographic assumptions .
4 However , the League still
5 feels the demographic assumptions
6 for golf course communities are not
7 necessarily relevant to most of the
8 development proposals for Bonnie
9 Briar included in the studies .
10 Many golf course communities
11 are semiretirement communities which
,.- 12 would most likely not be the case
13 given the proposed high home prices
14 and taxes for the Bonnie Briar
15 development .
16 We would also again like to
17 stress that although impacts on
18 traffic , flooding , water quality ,
19 wildlife , etcetera , are in some
20 cases termed minor in the studies .
21 They may indeed be minor in absolute
22 terms , but major in impact .
23 It is difficult to assess the
24 critical point where the addition of
25 yet another minor impact results in
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45
1 a major disaster .
2 We only need to look at the
3 Mississippi River flooding of this
4 summer to see an example of this .
5 Also , much development of the
6 Bonnie Briar Mamaron.eck flats area
7 has occurred since the last major
8 flood in the 1970 ' s and it ' s
9 difficult to see how any study can
10 correctly assess the cumulative
11 impact of all of this development in
;'. 12 a similar major flood scenario .
13 The Larchmont League of Women
14 Voters urges the Town ' in its final
15 assessment of the data to support
16 the position that preservation of
17 Bonnie Briar as open space for
18 future recreational use by its
19 residents is in the best interest of
20 the residents of Larchmont and
21 Mamaroneck . Thank you .
22 SUPERVISOR SILVERSTONE : It
23 would be helpful to the clerk if you
24 would leave a copy of your prepared
25 statement . You are of course
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46
1 welcome to make the statement
2 orally , but if you have it prepared ,
3 it would be helpful if you leave it .
4 Is there someone from this
5 side of the room who would like to
6 speak .
7 (whereupon , a member of the .
8 audience raises their hand . )
9 SUPERVISOR SILVERSTONE : Yes ,
10 ma ' am .
11 MS . TOLLY : My name is
a
12 Shirley Tolly . I live at 8 Dimitri
13 Place . I am a resident of the
14 unincorporated area .
15 In 1986 the Town took a look
16 at itself and acknowledged that it
17 was already overdeveloped and
18 therefore , was environmentally and
19 aesthetically vulnerable .
20 The structure for this
21 inventory and analysis with the
22 local waterfront revitalization
23 program , which started by the State
24 Coastal Policy , set forth a plan by
25 which those vulnerabilities can be
Proceedings
47
1 addressed and solutions found that
2 would strengthen our community .
3 In response to that plan ,
4 since 1986 the Town has established
5 a Coastal Zone Management Committee ,
6 has created a Board of Architectural
7 Review , designated certain areas and
8 critical environmental areas ,
9 enacted a law prohibiting dumping ,
10 enacted an updated Flood Damage
11 Prevention Law , amended and
12 strengthened its Fresh Water Wetland
13 and Water Courses Law , amended the
14 Site Plan Review Law to limit storm
. 15 water runoff , revised and
16 strengthened its Local Environmental
17 Quality Review Law , strengthened its
18 Tree Preservation Law , enacted a
19 Surface Water Erosion and Sediment
20 Control Law , dredged Garden Lake and
21 updated -- upzoned its waterfront
22 area .
23 Preserving the golf course
24 properties as golf courses is
25 another step in the process to
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48
1 comply with the plan and goals that
2 the Town set for itself in 1986 .
3 The aesthetic environmental
4 benefits to our community of the
5 golf course properties as they now
6 are have been well documented in the
7 Environmental Impact Statement .
8 It is undisputed that golfing
9 in Westchester County is an
10 increasing popular source of
11 recreation .
12 An owner of a golf course
13 property can expect a reasonable
14 return on his or her investment .
15 Zoning the golf course for
16 recreation meets our plan goals ,
17 strengthens our security and serves
18 to preserve the Town ' s value as we
19 look towards the start of a new
20 century . Thank you .
21 SUPERVISOR SILVERSTONE :
22 Thank you . I think before we take
23 you again , we really should here
24 from them .
25 MR . PARISH : Just a brief
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49
1 question for the person who made the
2 comment .
3 MR . SILVERBERG : I think,
4 Mr . Parish , that the purpose of this
5 hearing is not for you to question
6 each person that gets up and makes a
7 statement that you may or may not
8 agree with . The purpose of the
9 hearing is to get the comments from
10 the public .
11 MR . PARISH : I think people
12 are making testimony with respect to
13 data in the SEQRA for the Board to
14 consider , and certainly as
15 representing owners of the property ,
16 I think that some items where people
17 make certain statements , that our
18 ability to provide information
19 through a question or having the
20 question -- if somebody makes a
21 statement , to help clarify it , will
22 help the Board in reaching a
23 decision and help protect our
24 rights . I don ' t think -- I am not
25 going to prolong the hearing
y
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50
1 unnecessarily . Just a brief
2 question
3 MR . SILVERBERG : It ' s up to
4 the Board whether you want to allow
5 it .
6 SUPERVISOR SILVERSTONE : I
7 think it ' s going to create a lot of
8 back and forth . I think there were
9 a number of people who probably had
10 questions that they would have liked
11 to ask you , Mr . Parish , and did not .
12 MR . PARISH : I would be
13 perfectly willing to answer them .
14 SUPERVISOR SILVERSTONE : But
15 I think in the interest of allowing
16 everyone to speak , that we continue
17 the process and of course we will
18 welcome any of your comments in
19 writing that you may wish to follow
20 up on .
21 MR . PARISH : Madame
22 Supervisor , answering it in writing
23 doesn ' t give me the benefit -- You
24 are taking information for the
25 record with respect to properties
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51
1 that my clients own and some of that
2 information may be in some way or
3 another elaborated upon as a result
4 of a question that I may ask and if
5 that question isn ' t allowed , then I
6 believe the record , in our terms , is
7 incomplete with respect to any
8 questions that we may raise that may
9 help to clarify that information .
10 SUPERVISOR SILVERSTONE :
11 Okay . I think there will probably
12 be time before we reach the end of
r
13 the hearing where you can ask them
14 some questions and we could get
15 those in writing , okay?
16 MR . PARISH : Well , if the
17 people are planning to stay who made
18 the statements_. I also may mention
19 that you said we will have -- The
20 transcript will not be available of
21 the hearing for us to comment on
22 within the time you have elected ,
23 for reasons that you cited , not to
24 extend the comment period . We will
25 not have a transcript .
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52
1 MR . SILVERBERG : Mr . Parish ,
2 if I may remind you , as I am sure
3 you are aware , the regulations call
4 for a minimum ten day public comment
5 period in writing . There is no
6 requirement in the regulations for
7 any hearing for an FEIS .
8 The Town Board , because of
9 the interest in this , has provided
10 an additional opportunity for the
11 public and yourself to make further
12 comment by submitting oral comment ,
13 but there is no requirement by any
14 stretch of the imagination that a
15 transcript will be made available
16 for you to make additional comments
17 prior to the close of the public
18 comment period .
19 MR . PARISH : I was just
20 pointing out that that would not
21 provide us with an answer to the
22 comment that we couldn ' t ask a
23 question now . Say , well , you can
24 answer it , you know , when you get .
25 the record , and answer it at that
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53
W-
1 point . So , I can ' t respond to the
2 record if I don ' t have one .
3 SUPERVISOR SILVERSTONE : I
4 think we better continue . Is there
5 someone on this side of the room who
6 would like to speak?
7 (Whereupon , a member of the
g audience raises their hand . )
9 SUPERVISOR SILVERSTONE : Yes ,
10 sir .
11 MR . MESSINA : Madame
12 Supervisor , ladies and gentlemen of
13 the Board . My name is Joe -- Joseph
14 Messina , M-E-S-S-I-N-A . I live at
15 699 Weaver Street right across the
16 street from Bonnie Briar .
17 First , just a comment . It
18 was my understanding that Mr . Parish
19 made his opening remarks and was
20 granted time in the beginning
21 because he had to leave , and.
22 certainly I think he is now taking a
23 lot of our time and I think that we
24 heard what he had to say and I
25 request that the Board hear what we
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54
1 have to say now .
2 I listened to Mr . Parish ' s
3 remarks concerning his offer of
4 settlement with the Town Board and
5 certainly one of the things he said
6 he would do is offer to comply with
7 our environmental needs and our
8 aesthetic needs .
9 Well , certainly even if he
10 were victorious after litigation , he
11 would have to do that , so I am not
12 sure what he is offering us with
13 respect to settlement .
14 With regard to the
15 Environmental Impact Study , I
16 haven ' t read it , but I will tell
17 you , living there , we are already on
18 the border of a intolerable
19 situation with regarding to the
20 traffic .
21 Any impact on the traffic ,
22 even if it ' s not as he suggested ,
23 adverse and significant , it will be
24 adverse even if it ' s a minor impact
25 on the traffic .
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55
1 If you live there you will
2 know that between 7 : 30 and 9 : 00 in
3 the morning you can ' t get out onto
4 Weaver Street . Between 4 : 30 and
5 6 : 00 at night you can ' t get out of
6 your driveway to get onto Weaver
7 Street , and God forbid there is an
8 automobile accident , you ' re backed
9 up for hours because it ' s a simple
10 two-way road .
11 There are no sidewalks for
12 the children to walk on and at this
13 point , any impact on that traffic
14 condition will be intolerable on the
15 residents and citizens of the Town
16 of Mamaroneck and that is all I have
17 to say .
18 SUPERVISOR SILVERSTONE :
19 Thank you . Is there someone on this
20 side of the room who would like to
21 speak?
22 ( Whereupon , there is no
23 response . )
24 SUPERVISOR SILVERSTONE : Is
25 there anyone else who would like to
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56
1 speak?
2 MR . ODIERNA : Hi , I am Ernie
3 Odierna . I live at 5 Highridge Road
4 in the unincorporated part of the
5 Town . I am the President of the
6 Larchmont Gardens Association and we
7 have been involved with the Bonnie
8 Briar issue from its inception , as
9 far as we know .
10 We have been concerned about
11' maintaining the quality of life in
12 Mamaroneck and all aspects of the
13 things we involve ourselves with and
14 one of the areas -- It ' s quite a
15 massive document , as anyone who has
16 seen it will testify . I brought a
17 copy . I don ' t see too many copies
18 around . If anyone is interested ,
19 this is some of the raw material
20 right here ( indicating) and we have
21 the summary statement , but we have
22 had some of our members going over
23 different aspects of the document so
24 that we can try and make some
25 intelligent comments .
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57
1 Is Andrew here tonight , by
2 th-e way , George , do you know , Andrew
3 Young?
4 COUNCILWOMAN PRICE : Richard .
5 MR . ODIERNA : I keep calling
6 him--
7 COUNCILWOMAN PRICE : Richard .
8 He wouldn ' t be back until tomorrow
9 afternoon .
10 MR . ODIERNA : Some of the
11 comments we were going to share ,
12 each of us commenting of different
13 aspects of the study , so I will kind
14 of touch on more than I was
15 originally planning to .
16 One area that we are
17 concerned about is the concept of
18 how much it ' s going to cost the Town
19 or how much are they going to make?
20 On the surface it appears
21 attractive that we would be getting ,
22 whether it be twenty-five or fifty
23 more homes from which to draw taxes
24 from , but then when you think of the
25 impact of what we are going to have
1
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58
1 to do to service these additional
2 homes and you try and balance the
3 checkbook , so to speak , you need to
4 consider the impact on the homes
5 around Bonnie Briar and the fact
6 that they certainly won ' t
7 appreciate , by the fact that there .
8 is now twenty- five or fifty or
9 seventy-five more homes right across
10 the street from them and that the
11 pressure on Town services and the
12 further impossibilities of the
13 traffic in the neighborhood and the
14 potential problem of drainage will
15 cause property values to decrease in
16 the area and we have done some
17 calculations on what we consider
18 very conservative estimates and that
19 the Town may experience a loss of
20 over a $ 100 , 000 . 00 on the Town and
21 school district from reduced
22 property values even with limited
23 construction in Bonnie Briar .
24 The concept of only
25 twenty-seven school children
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59
1 emanating from the seventy-five
2 families we don ' t believe is
3 realistic and that more likely you
4 will have several more and that will
5 have a further debilitating impact
6 on the local school system .
7 In addition , in general , the
8 quality of life is something that is
9 directly related to open space in a
10 community and we feel that we should
11 not , as a Town , pass up , the
12 opportunity for preserving this open
13 space for our existing residents and
14 for the children of our existing
15 residents and without going into the
16 best ways of doing that , we feel
17 that seventy-five more families
18 isn ' t the best way to do it . Thank
19 you .
20 SUPERVISOR SILVERSTONE :
21 Anyone from this side?
22 MR . PLAUT : My name is Robert
23 Plaut . I live at 1 Lancia Lane and
24 I have lived there for forty years .
25 I am also a member of Bonnie Briar
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60
1 Country Club . I am also a Chairman
2 of your Tax Board of Review .
3 As the last gentleman who
4 spoke , I think one of the major
5 problems has been with properties
6 that have been built after. 1960 . We
7 have in the last five years had to .
8 reduce assessments considerably . So
9 whatever has been offered here , and
10 I am sorry I was late and couldn ' t
11 hear Mr . whatever his name is--
12 SUPERVISOR SILVERSTONE :
13 Parish .
14 MR . PLAUT : Parish , I am
15 sorry sir -- said as to the tax
16 impact on the Town of Mamaroneck , I
17 can assure you from at least fifteen
18 or eighteen years , I really don ' t
19 know the exact number of years on
20 the Tax Board of Review , but it ' s
21 been a longtime and where we have
22 been promised great tax advantages
23 of many of these homes , co-ops ,
24 condos , etcetera , have gone
25 asserciary ( ph ) and the Town has lost
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61
1 a lot of money and I think this has
2 to be addressed by the Town Board .
3 SUPERVISOR SILVERSTONE :
4 Thank you . Someone over here?
5 MR . RYAN : I guess that is
6 me . My name is Ned Ryan . I live 32
7 West Garden Road in the
8 unincorporated area and I just read
9 this while I was sitting here . I
10 had to do some speed reading .
11 I just like to note that in
12 the last -- I think I have spoken on
13 this twice before at all of the
14 hearings either for the Gardens
15 Association or Bonnie Briar Task
16 Force . Their positions are well
17 known and the Garden Association ' s
18 - position has been well stated .here
19 tonight , so I just want to add
20 something as a private citizen .
21 I guess I could take off from
22 the description of my past testimony
23 which says in short , summary should
24 be provided , and that was one of the
25 things I said .
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62
1 One of the things I said last
2 time that I thought was really worth
3 recording , but I know -- I gather
4 that the Town Board or the planners
5 were to modest to put it in there ,
6 but I had said at the last hearing ,
7 and I want to reiterate it now , that
8 I think that the Town Board really
9 should be commended for the handling
10 of this matter .
11 It ' s been very intelligent ,
12 it ' s been thorough , it ' s been
13 responsive , it ' s been a very good
14 civic experience , I think for those
15 of us who have been interested in
16 this situation to see the way the
17 Council has dealt with this issue
18 and I don ' t know how the Town is
19 going to come out on the various
20 substantive recommendations , but I
21 certainly think that the process so
22 far has been rather a successful one
23 and I have been a critic of it at
24 times , so I say that having seen it
25 all come -- go through , seen it all
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63
1 happen .
2 I believe that the Town Board
3 should be commended for its handling
4 of this issue and that ' s the part
5 that was left out of the summary
6 that you were to modest to include .
•7 I also would like to comment
8 that I know that -- I am convinced ,
9 from talking to various members of
10 the Council , that all of the members
11 have the best interest of this
'= 12 community in mind and at heart and
13 that the decisions that will be made
14 will be made conscientiously in that
15 direction and that is something that
16 I think all of us are grateful for .
17 I just want to make one
18 little point and that is that it
19 seems to me that the way in which
20 the developers have opened this
21 dialogue with the Town , by lawsuit ,
22 is very unfortunate . It sort of
23 signals the way in which this may be
24 carried out in the future , and I can
25 assure you from my own personal
I
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64
1 point of view , and I believe I speak
2 for probably all of the
3 organizations that are interested in
4 this matter and have addressed you ,
5 I suspect any way and I feel
6 reasonably confident in saying this ,
7 that you would have the complete
8 support of the people in contesting
9 those lawsuits and I. know it
10 wouldn ' t -- and I just wanted to say
11 out loud , that if it was , as it
12 appears to have been intended as a
13 kind of a slap right in the face
14 lawsuit right off the bat to sort of
15 put things in perspective , that I am
16 sure that the people in this Town
17 support the Board in contesting
18 those suits and in paying for the
19 contesting of those suits even ,
20 without any real reservation ,
21 because we know that you are looking
22 to the best interest of the Town and
23 that what you are going to do is
24 going to be in the best interest of
25 the Town , so that the intend to
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65
1 deter you from that by , as it were ,
2 upping the ante and bringing
3 lawsuits and implying and
4 threatening further lawsuits , I
5 trust won ' t be even the slightest
6 factor in your decision as to what
7 is in the best interest of the Town .
8 So with that , I again commend the
9 Town Board and offer , you know , my
10 appreciation and I think that many
11 of us do for the way you have
12 handled this matter .
13 (Whereupon , there is applause
14 from the members of the audience . )
15 SUPERVISOR SILVERSTONE : Is
16 there som.ebody on this side who
17 would like to speak?
18 MR . RONIGER : My name is
19 George Roniger . I live at
20 Stoneyside Drive in the
21 unincorporated area .
22 I would like to comment on
23 one set of numbers in the Impact
24 Statement . In the proposed action ,
25 if I recall , there is an alternative
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66
1 "a" and alternative "b" .
2 Alternative " a " showing twenty-seven
3 children in the seventy-five houses ,
4 and the data from that apparently
5 was taken from existing data on a
6 number of school children with
7 families who move on to golf
8 courses .
g I would like to point out ,
10 what we are left with under the
11 proposed action is not a golf
12 course , it ' s a miniature golf
13 course , and the people who would
14 move onto that area , onto Bonnie
15 Briar under those circumstances ,
16 wouldn ' t be people who would be
17 moving there because of the golf and
18 I think the alternative "b" was , I
19 think , showed eighty-five school
20 children moving into those number of
21 houses , is the one that would be
22 more reasonable .
23 SUPERVISOR SILVERSTONE :
24 Somebody on this side?
25 MR . O ' GORMAN : My name is
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67
1 William O ' Gorman . I live at 5
2 Revere Road in the Town of
3 Mamaroneck .
4 I wish to reaffirm the
5 position -- addressing the Board , if
6 I may . I wish to reaffirm the
7 position that I have taken at all of
8 the other Public Hearings that we
9 have had in regards to the total
10 preservation of Bonnie Briar .
11 Those are the case of our
12 schools where we would have an
13 increase in the population of the
14 schools which would necessitate
15 crowding or perhaps a new school .
16 The traffic situation has
17 been well spoken of here and I
18 affirm what the gentleman ahead of
19 me said about what is going to
20 happen to the traffic we see right
21 now and what would happen with an
22 increase in traffic on Weaver
23 Street .
24 The loss of the wetlands and
25 what has been added to the flooding
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68
1 and to the environment , itself , has
2 been well spoken and well taken up
3 in the previous Public Hearings . In
4 fact , it was the vast majority of
5 the residents who have told the Town
6 Council that this was their desire
7 to maintain the open spaces of
8 Bonnie Briar .
9 I wish the Town Council to
10 consider , that in their decision ,
11 that in all of the history of the
f1 12 Town of Mamaroneck , there was never
13 any intent whatsoever to build on
14 Bonnie Briar property .
15 The Bonnie Briar Syndicate
16 and their representative here has
17 said that the golf course is a
18 "viable financial investment" , if I
19 quote him right .
20 The Bonnie Briar Syndicate
21 has bought a golf course and they
22 are getting a return on it . They
23 didn ' t buy what they didn ' t see .
24 They seen a golf course there , they
25 seen open spaces there and that ' s
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69
1 what they purchased and they can get
2 a reasonable return on their
3 financial investment .
4 It is the environmental right
5 of every citizen to have open
6 spaces , for nature to have open
7 spaces , and I would like the Town
8 Council to take this into
9 consideration when they make their
10 decision .
11 It ' s certainly the decision
12 of the residents and I hope that it
13 will be yours . Thank you .
14 MR : PARISH : A point of
15 information , I would like to correct
16 the record . I did not say on behalf
17 the Syndicate that a golf course was
18 a feasible viable economic
19 investment . I said that the Town
20 Board in issuing its Environmental
21 Impact Statement had said that it
22 was feasible .
23 MR . O ' GORMAN : I stand
ti 24 corrected , sir .
25 MR . PARISH : Thank you . Is
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70
1 there someone here who would like to
2 speak?
3 MS . EPSTEIN : I am Barbara
4 Epstein , 580 Weaver Street . I did
5 remember what you did say , sir , and
6 you did say that property rights
7 equal economic rights , basically and
8 some how I have this feeling that we
9 are all being held hostage over some
10 economic negotiations over this
11 property .
12 I don ' t know the whole
13 history of this sale , but I think
14 that we would all be interested in
15 hearing how fifty-eight shareholders
16 are against two and how they got the
17 property , how much the property cost
18 and that is it .
19 SUPERVISOR SILVERSTONE :
20 Thank you , Mrs . Epstein . Is there
21 anyone else who would like to speak?
22 (Whereupon , a member of the
23 audience raises their hand . )
24 SUPERVISOR SILVERSTONE : Yes .
25 MS . O ' KEEFE : My name is
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71
1 Valerie O ' Keefe . I live at 11 Dante
2 Street in the unincorporated are . I
3 grew up on Weaver Street and I have
4 two concerns .
5 My primary concern is
6 something that I have noticed every
7 day for the last fifteen years .
8 That is about children and the
9 safety of children traversing Weaver
10 Street crossing to go to the Murray
11 Avenue School at Forest Avenue , also
=' 12 traversing it at Maplehill to go to
13 the St . John Paul School .
14 I walk on both Murray Avenue
15 and Weaver Street
16 virtually every weekday and have
17 done so for over ten years and I
18 would just like to call to the
19 Board ' s attention , without drawing
20 any conclusions , myself , that it
21 would be prudent , it seems to me , to
22 examine the consequences of a
23 development in the northern part of
24 the Town on any golf course property
25 on traffic patterns with respect to
i
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72
1 children and ,the safety of getting
2 to and from school . That is "A" .
3 The second thing I would like
4 to call to the Board ' s attention ,
5 something I studied in law. school
6 twenty-five years ago when studying
7 Local Government Law , which is kind
8 of esoteric thing to study , I guess
9 I must have been trying to avoid
10 income tax or something , but I read
11 a book about English land planning
12 and the Crown and how the Crown took
13 it as a responsibility to preserve
14 to character of villages and towns
15 within Great Britain .
16 one of the key parts to their
17 land planning is a thing called a
18 Green Belt Concept . They thought
19 that when you got a certain density
20 within a city or town it would then
21 be a good idea for the human
22 inhabitants of the place to, surround
23 it with clean air , clean water and
24 open space .
25 It just seems to me that in
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73
1 making your decision , you might
2 consider that this is a rational
3 concept that might be taken into
4 consideration when trying , as you
5 will do , and I have full confidence
6 that you will use your best judgment
7 and you can ' try to preserve the
8 suburban character of the Town , of
9 course subject to the Constitutional
10 Rights of any property owners , and I
11 am speaking there in terms of not
K' 12 only one particular property , and
13 also any other land which is subject
14 to potential rezoning . Thank you ,
15 Madame Supervisor .
16 SUPERVISOR SILVERSTONE :
17 Thank you , Mrs . O ' Keefe .
18 Is there anyone else who
19 would like to address the Board this
20 evening?
21 (Whereupon , there is no
22 response from the audience . )
23 SUPERVISOR SILVERSTONE :
24 Mr . Parish , would you like to make a
25 further comment?
F'
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74
1 MR . PARISH : Yes . I would
2 like to comment -- Mrs . O ' Keeffe
3 just mentioned the Green Belt
4 Concept . For the record I would
5 like to note that that was bought .
6 The government in Great Britain
7 . bought large areas or gave zoning
8 granted increased density in other
9 areas in return for acquiring the
10 Green Belt . They didn ' t take it by
11 zoning without any benefit of
.--•� 12 compensation to the owners .
13 That is just -- So ,. you ' re
14 correct , and that is a point we
15 totally agree with .
16 In answer to Miss Epstein , we
17 are not proposing to hold the Town
18 economic hostages to anything . My
19 clients bought a property and they
20 bought an interest in a corporation
21 that owns the property and at the
22 time they bought it , they bought it
23 looking at the zoning map , what was
24 permitted by the laws of the Town of
25 Mamaroneck .
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75
1 It was a Zoning Ordinance
2 that had been in existence for
3 thirty years and all they are asking
4 at this point is that if you went
5 and bought piece of land as an
g
6 investment , as you would be entitled
7 to do , and suddenly somebody came .
8 and said to you no , we are not going
9 to permit you to use your land for
10 that which you thought you bought it
11 for , I wouldn ' t call that -- I would
12 say you were being held economic
13 hostage . We are certainly not
14 holding the Town or proposing to .
15 We in fact have made an offer
16 and offer again to say that we are
17 asking for a reasonable use of the
18 property because we paid money for
19 it and would not like to be
20 precluded from that reasonable use .
21 I would like to -- a couple -
22 Miss Holly , I would like to ask her -
23 she mentioned -- I believe it was
24 Miss Holly , 8 Dimitri Place or
25 whatever--
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76
1 COUNCILWOMAN PRICE : Tolly .
2 MR . PARISH : Tolly . I would
3 like to ask her , she mentioned that
4 she thought that a private golf
5 course would have a reasonable
6 economic return and I would like to
7 ask her , what studies or
8 calculations she has done to arrive
9 at that conclusion?
10 MS . TOLLY : Madame
11 Supervisor , I came here in good
j 12 faith . We listened very carefully
13 to what Mr . Parish said as he spoke .
14 I had many , many questions
15 concerning some of the statements he
16 made . I just respectfully refuse to
17 engage in a conversation with him
18 outside of the testimony for which I
19 came .
20 SUPERVISOR SILVERSTONE : That
21 is certainly your right .
22 MR . PARISH : I don ' t insist
23 that you answer the question . I
24 will be glad to answer yours ,
25 however .
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77
1 COUNCILMAN RYAN : These
2 proceedings aren ' t meant to be a
3 dialogue . We are here -- So that
4 people understand , we are here to
5 hear comments . It is not meant to
6 be a dialogue between different
7 parties and certainly it is not
8 meant to be a cross-examination of
9 the parties .
10 MR . PARISH : I would like to
11 get for the record if they care to ,
12 if they don ' t , they don ' t have to .
13 COUNCILMAN RYAN : You may
14 make a comment for the record .
15 MR . PARISH : Well then my
16 comment for the record is --
17 Mr . Odierna , if he cares to -- I did
18 not hear -- He made an assertion
19 that he calculated that there would
20 be reduced property values and he
21 also made an assertion that there
22 would be more school children then
23 the report projected and I would
24 like , if he would care to , to
25 indicate what his methods of
f
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1 calculation were and how he arrived
2 at these conclusions , and if they
3 don ' t care to answer , they certainly
4 don ' t have to , and Mr . George
5 Roniger mentioned that there would
6 be a miniature golf course with
7 respect to one of the alternatives .
8 that we presented and I would like
9 to ]snow if he measured the length of
10 the course , how many yards the
11 course was that he characterized as
12 a miniature course and there was a -
13 I didn ' t catch her name , but the
14 representative of the League of
15 Women Voters mentioned that they
16 would like to see the property
17 maintained as a golf course for the
18 benefit of the use of the residents ,
19 I believe she said of the Town or
20. area , and I would like her to expand
21 on how she believes that should best
22 be achieved .
23 SUPERVISOR SILVERSTONE : Let
24 me emphasize that none of the people
25 who have spoken have any obligation
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1 to elaborate on the things that they
2 have said to the Board , but by the
3 same token , Mr . Parish has no
4 obligation to respond to your
5 questions at this point .
6 You have each made your
7 statements as a part of this hearing
8 process .
9 Does anyone who has not
10 spoken wish to speak and we will
one who has
follow that with anyone Y
r. 12 already spoken who wishes to say
13 something further .
14 (Whereupon , a member of the
15 audience raises their hand . )
16 MR . ROTHENBERG : My name is
17 Joel Rothenberg . I live at 12
18 Normandy Road in the Town of
19 Mamaroneck . I am a member of Bonnie
20 Briar .
21 Just a point of information ,
22 I would like the Board to be aware ,
23 regardless of what their decision
24 is , that I can assure them that the
25 Syndicate or the group that owns the
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80
1 57 % , will make a very , very , very ,
2 very fair return on their investment
3 whether they leave it as a golf
4 course or not . I can assure you of
5 that .
6 We will make sure that they
7 do and no one will ever question
8 that it will be a very fair return
9 in case that is ever an issue .
10 SUPERVISOR SILVERSTONE :
11 Thank you . okay . Carol Coleman .
12 MS . COLEMAN : I am allowed to
13 ask a request of Mr . Silverberg?
14 SUPERVISOR SILVERSTONE : You
15 may raise questions--
16 MR . SILVERBERG : I thought I
17 heard Mr . Parish say that something
18 was going to happen that the land
19 would be confiscated without
20 compensation . That certainly wasn ' t
21 my impression from reading any of
22 the studies . I was under the
23 impression that whatever happened
24 with rezoning and compensation , that
25 the Town would have to compensate in
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81
1 some manner the Syndicate . What ' s
2 true or is there a truth? What is
3 the law?
4 MR . SILVERBERG : Maybe what
5 you want to do is ask Mr . Parish
6 what he meant by confiscation?
7 MR . PARISH : The right not to
8 get a reasonable economic return' on
9 the property .
10 COUNCILWOMAN PRICE : A right
11 for reasonable compensation .
12
SUPERVISOR SILVERSTONE : °
..Y f
13 That ' s the technical term .
14 Confiscation is being used in a
15 legal technical fashion . Anyone
16 else? Ernie , you wanted to speak?
17 MR . ODIERNA : I just want to
18 say , we do have the details as to
19 how we made the calculations as to
20 the number of people and the
21 decrease in the valuation of the
22 homes . We will submit it as part of
23 our written statement .
24 SUPERVISOR SILVERSTONE :
25 Thank you . Anyone else?
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82
1 MR . SILVERBERG : I just want
2 to .make one statement . There was a
3 comment by Mr . Parish in the
4 beginning of the evening about some
5 letters that were to be submitted by
6 him on behalf of the his client
7 ( inaudible ) approval of the' Town to
8 enter into discussions .
9 I just want to note for the
10 record that I have communicated to
11 Stroock , Stroock and Lavan , the
12 attorneys representing Mr . Parish ' s
13 client , and to the Court , as part of
14 the litigation which has been
15 proceeding , indicates that it was
16 the opinion of this Town Board that
17 it was inappropriate during the
18 course of that litigation to enter
19 into settlement discussions
20 concerning the zoning of this
21 property because the Town Board had
22 not completed the environmental
23 studies that it had undertaken in
24 order to determine what the
25 appropriate zoning of the property
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83
1 was and that was the sum and
2 substance of the comments by myself .
3 That is it .
4 SUPERVISOR SILVERSTONE : Is
5 there anything further that anyone
6 else would like to say?
7 (Whereupon , a member of the
8 audience raises their hand . )
9 SUPERVISOR SILVERSTONE : Yes ,
10 ma ' am .
11 MS . EPSTEIN : It ' s in
12 reference to the filtration of the
13 property of Bonnie Briar and its
14 function as a ( inaudible) . I don ' t
15 know if anyone noticed on one of the
16 television magazine shows something
17 about New York City buying up all of
18 the property around the reservoirs
19 upstate because it would be
20 economically unfeasible to filtrate
21 water and we are not talking about
22 now , we are talking about two
23 thousand plus as far as years that
,. 24 we are going to be considering this
25 property and so I was wondering how
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84
1 that impacts on people down from
2 those reservoirs?
3 SUPERVISOR SILVERSTONE :
4 Thank you . Does any Board member
5 feel that they must say something?
6 COUNCILWOMAN PRICE : I am
7 under strong advisement not to say .
8 anything .
9 SUPERVISOR SILVERS.TONE : Is
10 there anyone else who wishes to
11 speak?
12 (Whereupon , there is no
13 response . )
14 SUPERVISOR SILVERSTONE : In
15 that case , I will ask for a motion
16 to close the hearing .
17 COUNCILMAN RYAN : So moved .
18 SUPERVISOR SILVERSTONE : Is
19 there a second?
20 COUNCILMAN McGARR : Second .
21 SUPERVISOR SILVERSTONE : All
22 in favor?
23 (Whereupon , all Board members
24 say aye . )
25 (Time noted at 9 : 05 p . m . )
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5 C E R T I F I C A T I O N
6
7
8 Certified to be a true and accurate
9 transcript of the aforesaid proceeding .
10
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�Y 13 ;
14
15 Marci Loren Dustin , Reporter
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