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HomeMy WebLinkAbout1984_01_11 Planning Board Minutes MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD JANUARY 11, 1984, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Paul Kalos, Chairman Mrs. Mary Carlson Mr. Warner Pyne, Jr. Mr. Anton Schramm Absent: Mr. Emil Nicolaysen Also present: Mr. Charles Elfreich, P.E. , Town Engineer Mr. Lee Hoffman, Jr. and Mr. Steven Silverberg, Town Attorneys Mr. Stephen Altieri, Town Administrator APPROVAL OF MINUTES The minutes of the meeting of December 14, 1983 were pre- sented and on motion duly made and seconded, approved as submitted. OLD BUSINESS - LMR ASSOCIATES Mr. Kalos mentioned that the applicants had submitted a plan to the Building Department but had not as yet filed an application for the Zoning Board- .and the Board could not discuss whether or not they could accept the original FEIS. GARFIELD LITIGATION Mr. Hoffman, who is the Attorney representing the Planning Board explained to the members and those present that the purpose for wanting to go into executive session was to discuss litigation. Mr. Hoffman explained that the law recognizes that there are certain matters that are not appropriate to be discussed in public and in order for the Board to go into executive session it would require a vote by the Board. Mr. Cammer, the Attorney for the petitioners said that even though it was legal for the Board to go into execu- tive session he didn't think they should. Mrs. Carlson said it seemed to her that the Town Council had taken part in the matter and the Planning Board has been in the back seat. She asked if the Planning Board would ask the Town Attorney to act in their behalf or would the Town Coucil. It was pointed out that the Planning Board would determine whether or not to accept the stipu- lation. Mr. Pyne pointed out that the Planning Board was litigated and not the Town Board. Mr. Sachs, the Attorney for Garfield said that Mr. Johnston the previous Town Attorney had been informed of the meet- ings that were held with the residents and the settlement had been discussed. Mr. Pyne made a motion which was seconded by Mr. Schramm that they go into executive session to dis- cuss the stipulation of the settlement and on a vote of 3 to 1 with Mrs. Carlson abstaining the Board went into executive session. When the Board returned a motion was made and seconded to authorize Mr. Hoffman to present a new proposal and the members all agreed. Mr. Cammer said he had discussed the new proposal with Mr. Hoffman and the Board recessed so that Mr. Cammer could discuss the proposal with his clients. When they returned Mr. Cammer said his clients would not agree to signing the new proposal and they recognize the fact that Garfield is in the middle. Mr. Cammer further said that Mr. John- ston had been furnished with all the papers and it was not fair to ask Mr. Hoffman to make changes. Mr. Silver- berg, who is from the firm representing the Town said he had spoken to Mr. Johnston the day before and he indicated that he would not sign the stipulation presented by Mr. Cammer and his clients. Mr. Cammer said he did not think the Planning Board should interfere with the settlement between Garfield and the residents. Mr. Sachs said he was willing to sign either stipulation and apologized to the members of the Planning Board that they had been brought into the negotiations. After further discussion the Board decided to adjourn the meeting to Wednesday, January 18th at 7:30 P.M. and asked Mr. Hoffman to report back to them. The Board, also, de- cided to set the date for the next regular meeting for February 14th. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 11:00 P.M. ita A. Johnsot Secretary o