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HomeMy WebLinkAbout1990_06_06 Town Board Regular Minutes 31 �. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AMID BOARD OF FIRE COH IISSIONER.S OF THE TOWN OF MM4ARIONECK, HELD ON THE 6TH DAY OF JUNE 1990 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MM ONECK, NEW YORK CONVENE REGULAR NISER'ING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 7:00 p.m., at which time the Board recessed into a Work Session. The Work Session held in Conference Room A to discuss various Town business was, on motion duly made and seconded, unanimously declared adjourned into Executive Session at 7:40 p.m. The Executive Session held in Conference Room A to discuss matters of personnel was, on motion duly made and seconded, unanimously declared adjourned at 8:10 p.m. RECONVENE REGULAR NEE TING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:20 p.m. Present were the following members of the Board: Supervisor Caroline Silverstone Councilman Stephen Chapin Councilwoman Elaine Price Councilman John McGarr Councilwoman Kathleen Tracy O'Flinn Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven v. Silverberg, Counsel to the Town William McDermott, Fire Chief CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. At this time the order of the Agenda was changed and FRESE TAMON - Habitat for Humanity-Affordable Housing, was taken up. June 6, 1990 312 PRFSM9 'n'i'TON - Habitat for Humanity-Affordable Housing Judy Seigel explained that Habitat for Humanity was begun in 1976, its goal to Mild simple, decent homes in a partnership with those in need. She mentioned that it is now a worldwide organization with 475 Projects in the United States and 27 developing countries, noting that 65 homes were built in the first 14 years and now 12 are built in a day, 4300 worldwide. Ms. Seigel commented that the concept is simple, to build houses together with people in need, at no profit, and at no interest, with 20-year mortgages. She described how the builder is a non-profit organization so there is no profit attached to the price, the amount charged to the recipient is exactly what it cost to build, using volunteer labor and donated materials to keep the costs low. She explained that since Habitat does not charge interest on hones they build, it creates the possibility of home ownership among those who would otherwise not be able to afford one. She emphasized that this is not a giveaway, it is a sale, with owners making payments for 20 years to Habitat for Humanity, and that these payments are recycled to build the next house. She spoke of how families are chosen by a selection committee, and how they are required to put in at least 500 hours of work on the house, since this "sweat equity" ensures personal involvement on the part of the family and creates a sense of dignity and pride in having helped build and pay for ones own home. Ms. Seigel then concluded by noting that since Habitat does not use any government funds, funding for all Habitat houses cones from individual donations, and contributions from corporations, religious organizations and community groups. At this time Judy Seigel introduced Marjorie Osterholtz who went into the details of the proposal by Habitat for construction of an affordable residence on Laurel Avenue, presenting various house design criteria. At this point, Supervisor Silverstone reported that two representatives of Habitat had cote into the Town offices and discussed the possibility of constructing a home in the Town suitable for a small working family, who probably could not afford a hone in the present Mamaroneck market. She remarked that they were encouraged to look around and invited to meet the Board tonight. Cassandra Maleski of Habitat for Humanity then went into details of construction costs, annual expenses such as mortgage, insurance, taxes, utilities, and initial expenses, noting that affordable housing would require 30% of adjusted gross income, which should be a minimum msm, annual, income of approximately $24,000- Evan Cohen then briefly explained the selection criteria and the procedure by which Habitat selects families to become homeowners. A brief discussion ensued among the Board and members of Habitat for Humanity International. At this time the order of the Agenda changed further and Item #4 under AFFAIRS OF THE TOWN was taken up. 4. Discussion - Sales Tax Proposal-County of Westchester Supervisor Silverstone announced that two representatives from Westchester County, Mr. Philip Gille and Ms. Barbara Monohan were here to assist in the discussion of the sales tax proposal 2 3t � June 6, 1990 Philip Gille briefly reviewed and updated past events and State mandates that have led to the proposal for a uniform county sales tax that would require revenues produced to be used to reduce or stabilize property tax levies. Some discussion ensued among the Town Board and residents, with Mr. Gille fielding questions, after which it was decided that the Board would study this proposal further and render decisions at the Town Board meeting of June 21st. At this time the order of the Agenda remained changed and AFFAIRS OF THE TOWN was continued. AFFAIRS OF THE TOWN 1. Appointments - Human Rights Commission - Conservation Advisory Commission There was no candidate for appointment to the MM%an Rights Commission. On recommendation and motion by Councilwoman O'Flinn, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby appoints Edward M. Hindin of Bonnie Way to fill the unexpired term of Irma Volk on the Conservation Advisory Commission for the period ending December 1991. 2. Authorization - Consultant Agreement - GEIS Country Club Properties Following explanation by the Town Administrator, some discussion ensued concerning the need for an environmental impact statement. On motion by Councilwoman Price, seconded by Councilman Chapin, with Councilwoman O'Flinn dissenting, since she opposed any development in the area and felt the study may open the door to potential construction, and Councilman McGarr abstaining, it was RESOLVED, that this Board hereby authorizes the Town Administrator to execute the PIANNIM C01=TING CONTRACT with Ferrandino & Associates, Inc. of Elmsford, New York to prepare a Generic Errudronmental Impact Statement (GEIS), to chair the sooping session, and to prepare the final GEIS of Country Club properties within the Town of Mamaroneck. 3 June 6, 1990 314 3. Scoping Session - GEIS Country Club properties The Supervisor asked for a show of hands of those wishing to speak and suggested that comments be limited to three minutes per person so that everyone will have a chance to speak. She also informed everyone that written comments will be accepted until June 18th and anyone who speaks tonight may expand upon what was said in writing. She noted that the comments will be forwarded to Mr. Ferrandino so that he may take them all into consideration. Mr. Ferrandino briefly outlined the proposed issues for study, including drainage, traffic, and impact on reduced open spaces. Councilman Chapin stated that he did not think anyone on this Board believes, at this point in time, that this or any country club property should be developed and, he emphasized, what they are doing here is to go forward with an environmental review in order to examine all of the options. He added that he has endorsed the first solution and is going into this process open minded, wanting to hear what everyone has to say and what the consultant has to say. He noted that the Board has decided to go forward with the environmental review but did not say that there has to be development on these properties. Councilwoman Price remarked that the Board has not taken a position because they will be reacting to the process. She stated that this is why everyone is here tonight, to become a part of the process and be involved in it. She noted that the Board has a long history of keeping as much open space as possible and that, whatever happens, they must have a very firm and detailed, and logically consistent, and historically validated way of approaching this. She stressed the fact that if they target anything beforehand, they are not part of the process, not listening to the input, not looking at the scientific data, and they may hurt themselves in the legal arena. Therefore, she concluded, in order to be fair to the residents and to the community they have, with the exception of one Board member, no position, and are waiting for this process to begin and for all the input. Vince Ferrandino introduced himself, and his associate, Roberta Pappas and noted that the purpose of the scoping session is the substance of the plannning process and should retain input from the general public as to what should actually be looked into, what aspects of the environment should be studied and what alternatives there are, including the so called R-50 proposal that is technically before the Board, so that alternatives to the proposal can be studied in terms of its implications on the environment. He went on to say that the subject of the GEIS is the local law that was put forth on May 16th, suggesting a creation of a conservation recreation zone for the three existing golf course properties; essentially providing for single family residential homes with a density of no more than one residential unit per each 50,000 square feet of lot area; or a cluster, with mandatory provisions for maintaining open space and existing recreation facilities. He added that the LEIS, required by the New York State Environmental Quality Review Act, will be a planning document that will look into all of the aspects of this proposal as well as other alternatives that will be suggested this evening. 4 315 June 6, 1990 Steve Silverberg, Town Attorney, gave a brief review of the State Environmental Quality Review Act (SEQRA) requirements, noting that after tonight the public will be given additional time, until June 18th, to give further comments, after which time Mr. Ferrandino-'s office will prepare a scpping document. Mr. Ferrandino will then prepare the DGEIS based upon the sopping documents and the DGEIS will then be reviewed by the Town Board, perhaps altered, accepted by the Board if acceptable or, should the Board feel it has not addressed all the issues sufficiently, rejected and sent back for more work. He explained that once an acceptable document has been submitted to the Town Board, a notice will be sent to the public that it has been accepted and a hearing will be scheduled for public comment, and that after the public gives comments at the hearing, there will be an additional comment period. He further explained that, assuming there are comments, there will be a final environmental impact study that will respond to these comments, and add recommendations and modifications to the proposal based upon these comments, and once prepared and accepted by the Board, they will again review it and there will be an additional opportunity for public comment, and then finally the Board will make a finding and determination based upon the final review. He emphasized that there will be a number of opportunities to comment on specific items and proposals as the scope is being processed. Robert Funicello, Attorney for the Bonnie Briar Country Club, asked if the sopping checklist, which is a part of the SEQRA regulations, is going to be used in the process. He also requested that the procedure as outlined by Counsel be amended slightly, so that when the scope outline by the Consultant is proposed to the Town Board, it be made public, with a short period of time for written comments, before the Board decides on the scope. He remarked that otherwise we are faced with a situation where, when addressing the Board with thoughts as to what should be included in the environmental impact statement, we hope our views are heard, and assume they will be, but then this is all reduced to a document and there is always the possibility of a misunderstanding or subtle difference. He felt it fair to give the public an opportunity to address that in writing and have those continents before the Board at such time as they take up the Consultant's proposed scope. Mr. Ferrandino responded that yes, they will be using the basic SEQRA sopping checklist as a base, and to Mr. Funicello,s second suggestion, he stated that this would be a policy decision of the lead agency, which is the Town Board in this case, and he could not really speak for the Town Board. At this time, Roberta Pappas of Ferrandino Associates, gave an overview of the major environmental issues to be addressed in the GEIS. Richard Leahey of South Drive asked what power the Board possesses to move on the findings of this process, and was informed by the Town Attorney that the Board has power to rezone according to the needs and goals of the Town. Barry Dichter of Bonnie Way asked how many dwelling units could possibly be erected with R-50 zoning and was informed by Mr. Ferrandino that this answer would develop as part of the GEIS. 5 June 6, 1990 316 Mr. Ferrandino then announced the public agencies who had been asked to officially coaunt and asked if representatives of any of the following were present: the New York State Department of Environmental Conservation, the New York State Department of Transportation, the Westchester County Department of Planning, the Westchester County Soil and Water Conservation District, the Town of Mamaroneck Planning Board, Town of Mamaroneck Conservation Advisory Commission, Town of Mamaroneck Recreation Commission and the Town of Mamaroneck Coastal Zone Management Commission. Kevin Ryan, Chairman of the Conservation Advisory Commission announced his presence and said he would comment later. Phyllis Wittner, chairwaanan of the Coastal Zone Management Commission gave the following statement: "The Coastal Zone Management Commission (CZMC) discussed this topic only briefly at its regular meeting on May 22nd, and therefore, my statement and that of Alan Masons to follow on behalf of the Commission, are not meant to be all inclusive at this time. I will outline the CZMC,s concerns and Alan will follow with an in-depth presentation. The CZMC,s general concerns at this time of determining the scope of the GEIS are based on the Local Waterfront Revitalization Programs policies general headings: Development policies; Fish and Wildlife policies; Flooding and Erosion policies; Historic and Scenic Resources policy; Water and Air Resources policies, which also include freshwater and tidal wetlands. In this regard, we submit first a checklist of topics that should be included in a natural resource inventory specifically for the 3 properties in question and the Sheldrake watershed in general: 1. Surficial and bedrock geology. 2. Soils--depth, erodibility, structure, wetness, percolation, slope. 3. Existing natural vegetation. 4. Hydrology--Surface and groundwater, water regimes (U.S. Fish and Wildlife Service classifications-flooded, saturated, seasonally flooded, etc.) . S. Wetlands--NYS and Locally mapped (fresh and tidal) . Wetlands--hydrologically connected. Wetlands--of specific interest to wildlife and plant habitat. Wetlands--impacts of development on honmtiocks salt marsh. 6. Critical Environmental Areas/fish and wildlife habitats- Local and Westchester County. 7. Flood plain area (both mapped and by experience) . 8. Historical and/or archeological sites. 9. Areas of scenic quality. 6 31"1 June 6, 1990 Further Concerns: 1. Sedimentation and the soil loss equation or sediment - yield. 2. Controlling stormwater runoff- Estimate increase in runoff with construction alternatives. Evaluate historical flooding problems. Discuss types of storm drainage systems that would be required in order to achieve zero increase in runoff (water retention devices) . Develop integrated flooding (and erosion) control strategy for drainage basin, especially as it affects downstream residents and Village of Mamaroneck. 3. Maximum tree, ground cover and buffer zone preservation in order to protect wetlands and water quality and other habitats. 4. Impacts to water quality frown increased non-point pollutants especially as they discharge into LIS. 5. Evaluate ,open space" referred to in the Master Plan and Local Waterfront Revitalization Program (LWRP) . Of the 577 acres of open space in the unincorporated area of the Town, 121 acres are Town-owned parks and conservation areas. 428 acres of open space consist of Bonnie Briar, Winged Foot and the Town portion of the Hampshire Country Club. 6. The need for the Town to expand its infrastructure. 7. Traffic study. The Coastal Zone Management Commission recommends: 1. The Town should enter into a Memorandum of Understanding with the Soil and Water Conservation District for their expert input. (Was a hydrologic study of the Sheldrake West Branch executed in 1982 or 1985?) . 2. A 2-1/2 acre parcel on the southwest side of the Sheldrake West Branch adjacent to the former Monroe School and lower reservoir currently owned by Con Edison should be considered as an addition to the conservation portion of this proposed zoning amendment." At this time, Dr. C. Alan Mason of Weaver Street, former Chairman of the CAC and current member of the CZMC spoke. He stated that he felt that most people are concerned about the -- proposed development of the Bonnie Briar Club property, which consists of approximately 135 acres and is situated within the watershed that holds the east branch and west branch of the Sheldrake River. He stated further that the east branch drains that portion of the Sheldrake which slopes toward Fenimore Road, and the west branch drains that portion which floods Weaver Street and Bonnie Briar Lane. He added that the east branch also drains a substantial amount of water from the Winged Foot Golf Courses, while a portion of the east branch is close to the 7 June 6, 1990 318 Fenbrook Subdivision. He noted that, as the Town Board is aware, the homes south of Bonnie Briar property on the west branch have been subjected to much publicized flooding problems for many years, and in the course of trying to minimize that damage, the Town has sponsored, in part, an information gathering and valve control system using computer technology. He went on to say that, as an option, this system has been able, and is continuing to be able to gather data and to demonstrate the importance of the Bonnie Briar property as the natural, temporary water impound area that is is, the key aspect being in the way the peaks flow from the larchmont Reservoir. Dr. Mason explained that the distance and time lapse as affected primarily by the 16th fairway interval has provided the needed respite to allow the peak runoff from the lower crest before having to deal with the flaw from areas north of the golf course. Unfortunately, he stated, there are no monitoring or control facilities on the east branch of the Sheldrake, and homes located on Fenimore Road and the adjacent streets were subjected to unprecedented flooding during the storm for which this data was prepared. Dr. Mason reported that during the preparative site finding environmental impact studies of the Fenbrook development, they assured that adequate storm detention was being primed into the project, and anyone who has seen the color and the ferocity of the water flowing dawn the east branch since Fenbrook was developed would question the validity of those assurances. He emphasized that we must be certain that any proposed development of Bonnie Briar or Winged Foot provide a truly adequate control of flood water up to and including the 100 year flood. Dr. Mason stated that, unfortunately, when Fenbrook was under consideration there was no adequate data as to what that area of virgin woods was doing to help those who live downstream from the area and, as it turns out, it was very important. He added that this is no longer the case on the Weaver Street side of the Bonnie Briar where they have had, for more than a year and 1989 was a very rainy year, the ability to record the flow rates and the time delays in the flooding of 45 valuable properties. He emphasized the fact that they had recorded every storm of any consequence during that period, and he feels it is only fair for this Town Board to warn any consultant who undertakes this EIS, and any hydrologist to whom he contracts the job, that the bald assurances that there is plenty of detention capacity will no longer suffice. He stressed that again and again we have been disappointed, that with each development the problem gets worse, and that what has come more often is that its too late, the project has already been built. Dr. Mason pointed out that now, having the capacity within this limited area to monitor the impacts during construction, as well as before and after, he will not hesitate to take information gathered, reduce it to a series of visual aids and present it before a jury, on his behalf and that of his neighbors. He stated "Please be aware that if you shovel us the same crap you have been shoveling us in previous EIS•s, it will cost you." Dr. Mason then spoke concerning the east branch, explaining that a significant portion of the northerly and easterly portion of Bonnie Briar drains into the east branch, and similarly, a very substantial part of Winged foot drains into that same branch. He mentioned that there are no controls of any kind on the east 8 June 6, 1990 319 branch, no reservoir to provide temporary storage, no valves that can be opened or closed to desynchronize the peaks, and no post Fenbrook chronological information. He noted that the present monitoring system used on the west branch could be quickly and cheaply expanded to provide data on the east branch, but until some controls are installed it would be pointless since we would only know better that we are being flooded and still not be able to do anything about it. Dr. Mason went on to say that the east branch joins the west branch above the waterfall, upstream from the Duck Pond and that the combined streams then flow through the business district of the village of Mamaroneck. He commented on how this area has been flooded again and again throughout the years and though geographically somewhat remote, this impact is real and must be considered in any economic impact evaluation involving development of either of these properties. Dr. Mason also commented on the construction at the intersection of Quaker Ridge Road and Weaver street in New Rochelle, stating that we were assured again and again that there would be no problem of siltation into the reservoir and yet an aerial photograph shows a flume of brown water entering the stream from the construction site and going directly into the reservoir following rainstroms. He emphasized that this has caused resulting siltation which has rendered shallower areas of Sheldrake Lake mud flats, and once again we did not have adequate or complete data to support our contentions as to the extent of the damage. He told how a proper EIS before that development was permitted by the City of New Rochelle, would have required soundings of Sheldrake Lake prior to any construction and how, with modern sonar equipment such as is used on Long Island Sound on weekends, three men, two on shore and one in a small boat, could have reduced the burning path on the bottom of that Lake in just a few days. This was not done, he emphasized, and the reservoir is significantly shallower in certain areas, we were unable to prove our case, and damage is without recourse which, unfortunately, is the usual story. Dr. Mason then pleaded with members of the Board and the consultants to take note of the conditions as they are now so that if significant changes do result, they will have available data to prove their case, and be awarded sufficient restitution to undo the damage. He reminded them that a proper EIS does not simply make general rosy predictions about the future but clearly documents what we are trying to protect. Dr. Miclat of Winding Brook Road said that his basement and garage flooded each time the Sheldrake River overflowed its banks, and he blamed the flooding on increased development since the purchase of his home more than twelve years ago, noting that it last floated his undergound oil tank and washed away railroad ties around his flower beds. He also commented on the heavy traffic flow in the area and felt it should not be increased any further. Barbara Epstein of Weaver Street requested that the study take into account the financial and philosophical implications of destroying open space, causing flooding and ignoring the protection of wildlife. She felt that people who created golf courses in Westchester had a vision which must be protected, that golf is a growth industry that preserves open space, and that although building homes may create a tax base, eventually that tax base will erode by destroying the quality of life which many people came here for, a quality of life that includes open and recreational space. 9 June 6, 1990 320 Sheldon Turk of Briar Close commented that of the sixty or so homes comprising the Bonnie Weaver Association, bordering the western edge of the Country Club along Weaver Street, at least fifteen are directly flooded everytime there is a severe rainstorm. He stated that anytime one sees water on the Bonnie Briar Country Club, its neighbors have flooded basements and properties and to do anything to aggravate that condition would be criminal . He added that the neighbors are upset and that the Association, which bad been dormant, is now active again and will solicit the Town Council prior to their making any decision regarding what is to be done with respect to all the country clubs in the Town. Mr. Turk also responded to an earlier question regarding the impact of R-50 zoning on Bonnie Briar, by stating that the builder, with 58% control of the property, laid out 165 homes based on R-30 zoning and the proportion with R-50 would be about 99 homes and it would be a fiasco. Shirley Tolley of Dimitri Place wished to see under the socio/economic impact of the EIS, statistics of the physical evaluation of appreciation of hones in communities where there is zoning for open spaces and recreation in camparision to other communities where there is not such an interest. Robert Funnicello, Attorney for Bonnie Briar Country Club, congratulated Frank Fish, Planning Consultant, on this very challenging opportunity, noting that in Southern Westchester the open space issue is becoming very important. He felt that what has not yet been done in these environmental impact statements, and in this generic impact statement there is an opportunity to do so, is to evaluate more than the sum of the parts. He commented that we know about the environmental issues and values, social and fiscal, open space issues, but he has not seen an EIS that has been able to encapsulate the idea that there is a quality of life issue here. He added that a style of living for which people have cone here or remained here has never been properly adapted in one of these documents to his satisfaction, and he has been on both sides of these issues. Noting that this is a substantial piece of the town, he stated that what happens to this property in terns of the cumulative impact will change the future of the Town and we want to know that the Board will look at the future of the Town as it will be affected by this decision, and that it will take into account the economic realities which were referred to earlier. He concluded by saying that we should be aware of the fact that golf courses are a very important commercial activity in Wetchester County and that five County courses have played over 240 thousand rounds of golf last year, noting that this is a business, people are paying big money, newspapers tell how foreign and domestic concerns are interested in the purchase and operation of golf courses, and it well may be that fiscally it makes more sense to run a golf course in the Town of Mamaroneck, aside from the aesthetics. Frank Fish, the Planning Consultant for Bonnie Briar Country Club asked that the following alternatives be included within the analysis of the proposed zoning for the Country Club properties within the Town: 10 June 6, 1990 321 1. No Impact Alternative This alternative is now required in some municipalities such as _ New York City and throughout the State for any environmental impact statement. It enables the decision maker to have a clearly analyzed alternative that can present comparative data in making the finding statements at the end of the SEQR process. 2. Recreation,/Conservation zone This alternative would analyze the continuation of the existing country clubs. Mr. Fish added that a recreation or conservation zone that simply allows country club or recreational uses, or open space use, but does not allow residential development should be looked at. As an analogy, Mr. Fish spoke of the zone to be created as being very similar to the Village of Mamaroneck Marine Recreation zone which does not allow residential uses or commercial uses other than country club and recreation facilities. As you may know, the Marine Recreation zone of Village of Mamaroneck was initially challenged as a single use zone but was defended by the Department of State and Office of Local Waterfront Revitalization. That zone has remained on the books in the Village of Mamaroneck and now controls land uses in a substantial part of the village waterfront. Mr. Fish emphasized that each alternative be looked at in the same level of detail as the proposed action, and to get site specifics to some extent. We also believe that the Generic Environmental Impact Statement should examine recent trends in golf course development and ownership within Westchester County. Recent newspaper articles and real estate transactions indicate that the real estate value of properties used for a single use, namely as country clubs has increased considerably because of the lack of land available for such uses, increasing demand for such use, and the recent interest of foreign investors including the Japanese. The GEIS should be able to provide a reasonable analysis to answer the question as to whether the continued use of golf courses represents a reasonable economic alternative to property owners. We would argue that recent supreme court decisions (Grand Central case in NYC which involved the Penn Central Development Company vs. the City of NY) have indicated that the ability to use a property for its original indended purpose (in this case a country club) is all that is needed to maintain a test of validity for land use controls. Ralph Engel stated that he is Vice President of the Pine Brook association, a group of 625 families living within the Town of Mamaroneck, and that he had came to speak in that capacity. He mentioned the fact that recently a demographic study of the school system had been undertaken which concluded that overcrowding is a problem within the very foreseeable future. He added that presently a group is meeting to deal with it and one of the ways possible is that the community not make roam for a whole lot of kids to cane from any houses on any of these properties. He stated that this study exists and is available to anyone upon request. He stated further that if you look at the Town of Mamaroneck in comparison to similar surrounding communities, you will find that our recreational facilities are lacking. Mr. Engel went on to say that we have been blessed with a Town Council interested in improving recreational facilities for its residents, and that Bonnie Briar could offer a chance to create a unique recreational facility for Town residents, and one more beneficial to children, who could play on country club property for summer camp than in the various elementary schools. He proposed that the Bonnie Briar Club, or at least a portion, be considered as a Town Park to serve the 11 June 6, 1990 322 people of the Town of Mamaroneck, who could utilize its golf course, tennis courts, swimming pool and the club to provide benefit for all people of the Town. He mentioned that directly across is the Monroe Camp and behind it the Reservoir, comprising 60 acres and two lakes, and that all together there would be a facility of more than 200 contiguous acres dedicated- to conservation, wild life and human life, which would produce something unique in Southern Westchester. Mr. Engel offered his help and services to the Town, noting that he had previously been Chairman of the Village of Larohmont Parks Committee. Barry Dichter of Bonnie Way asked that when the environmental impact statement is considered, he would like it kept in mind that any decision to develop space on the Bonnie Briar Country Club property is an irreparable decision because once development is undertaken, it becomes permanent, it can never go back to the way the country club was, something can always be developed in the future but you can never retreat once built. He stated that the risk alluded to many times tonight is the drainage risk, and living near Bonnie Briar, twice in the last year, his street has been flooded, water is two and one-half feet deep, trees have been uprooted, mud has been piled in the street, and the street is impassable to emergency vehicles. He emphasized that Bonnie Way has been flooded because of the Sheldrake River, which drains into the Country Club and if anything should be done to the Country Club to decrease the drainage it would, undoubtedly, increase flooding on his street, _ and create a hazardous condition, dangerous to the people living there and to young children playing there. He mentioned as his second concern the issue of salt, gasoline and water runoff from automobiles using the paved surfaces of Bonnie Briar Country Club mmning off into the watershed, freshwater, and eventually into Long Island Sound. He noted that sewage and garbage disposal are problems that must be addressed, as well as the traffic problems on Weaver Street and overburdening of the school system. He mentioned recreational usage of the Country Club by neighborhood children, and its use in winter for sledding and cross-country skiing, noting that this is a recreational facility that is used twelve months a year, during spring, summer and fall by golfers and during winter by hundreds of children, and if this is taken away it will deprive generations of children of a place to sled and to enjoy the outdoors and open space. Michael Weiner, a Planner representing a 60% ownership of the properties of the Bonnie Briar Country Club spoke about the Law that was drafted stating that the principal use is to maintain important open space for recreational resources, reduce the potential flood hazards and maintain the suburban quality of the community as a whole, all good and obvious objectives, and that is what they are trying to do. He went on to say that the biggest objective is keeping open space and the question is how to best accomplish that goal with, probably, literally dozens of ways in which this can be done. He said he has heard people talk tonight about the Club being rezoned and part of what they want may be unconstitutional. He said also that he believes one of the alternatives is the existing zoning, it is zoned R30 and is surrounded by land that is zoned R15 and R20, and he is not certain that a case has been made for the proposed modification of density. He commented that he fails to sere the planning 12 June 6, 1990 323 rationale for the justification of multiplicity to R-50, given the present setting, given the density for the land. He noted that one of the proposed uses is one-family houses and he strongly urged that another alternative, townhouses, be examined. He went on to say that it seems the objective is the preservation of open space, the preservation of the golf course is clearly the obvious choice, because it goes back to the Schuster report, involving three or four alternatives which state quite clearly that on existing zoning 125 homes can be built; under the cluster single family, 125 smaller homes on 15,000 square foot lots, obviously you lose the golf course; and under a third alternative 125 townhouses. Mr. Weiner commented further that townhouses give us an opportunity to keep the golf course, keep more open space, and insofar as the number of school children are concerned, it would present an entirely different population and traffic flow. He felt that townhouses ought to be examined as one of the alternatives, as well as the notion of a public golf course, with a study of how the Town would go about paying for acquisition of a public golf course. He mentioned that a number of people have referred to 'bur land" and "our golf course" but it is only their land in one sense of the word and it is our land in another sense of the word, and there has to be some neutral ground to come together with the people who own the property and wish to use it in some sensitive way. He mentioned further that people who live nearby think its wonderful to live there, let Bonnie Briar pay the taxes, they,11 sled on it in winter, look at in summertime and it will be a very, very pleasant environment for all. But, he stated, people own the property, it gives them the right to use, and there is existing zoning on the property. However, he added, there are a whole lot of variations in which the Town could achieve its objectives, incidentally the people who own the property as well, with preservation of a secluded life. In conclusion, he said that he believed that people have gotten it backwards, if you cannot build, with the flood plain and the wet land, there is no point in deducting 20% for roads as well, which makes it a double whammy. He noted that this may be a small detail but he is asking, more significantly, for consideration of the alternatives that have already been put on the table, the existing zoning and the potential of clustering development on the site. Mr. Weiner felt that the Board should leave itself enough flexibility to make carefully tailored plans in order to accomplish their objectives, and those of the neighbors and the property owners. The next speaker was Edward Ryan of West Garden Road, who stated that he was President of the Tarchmont Gardens Association, which comprises more than 500 homes bound.by Weaver, Rockland and the Railroad tracks. He stated further that an environmental committee of 25 neighbors met and discussed this issue, although they were not quite sure what a sooping session entailed, and agreed to work along and collaborate, but were somewhat surprised that there had even been consideration of development. They did agree, and essentially counted on Kathy OIFlinn,s vote, that any development of the property for 13 June 6, 1990 324 residential purposes was not a good idea since there is so little open space left, and flooding from the Sheldrake goes right through the heart of the Gardens. He went on to say that, although it is unscientific to venture an opinion without ' hydrologic studies, there is strong feeling that since this is the last open space in Town, the context of personal development is very disturbing and consideration should be given to recreation or public acquisition. Andrew Donnellan, Oak Bluff Avenue, urged Mr. Ferrandino and his colleagues to focus on a recreational use only option as an alternative to cluster zoning. He stated that, as an attorney, he wished to respond to the question asked before as to whether that is a completely viable alternative and if the Town can do it, as well as to the alluding of unconstitutionality. He stated that in his view this is flat wrong, the Town has the power to enact zoning that would preserve the existing historical use, subject only to constitutional limitations, and the case for this is quite clear in that if an existing use is a viable economic use, golf courses certainly are, there is absolutely no constitutional taking. Mr. Donnellan illustrated this point by a case winding up in which New York City rezoned the entire garment district and said nothing can be done there except light manufacturing, preserving the existing use because the garment people were all fleeing to New Jersey. He spoke of how the Real Estate Board challenged the City and hired very expensive Wall Street lawyers, who did not even push very hard on the constitutional taking argument but attacked instead the EIS. He remarked again that recreational use is more practical and has the least impact by perpetuating existing use, whereas cluster zoning offers less open space and increases the litigation risk, with people swearing it is causing flooding and traffic, and the finding of experts who will swear up and down that it does not. William O'Gorman of Revere Road mentioned that he is with those agreeing with Mr. Ryan's appeals for consideration, but wished to mention as another valuable point to study, just what precedent would be set on the other open spaces if development took place on Bonnie Briar. Richard Young, President of the Bonnie Briar Civic Association, noted that many dormant civic associations in this Town have been resurrected by this issue, being dormant for years and revitalizing because of this issue as never seen before. He said that taxes are high because of the quality of life, the Larchmont/Mamaroneck area consists of mostly single-family homes, is a moderatley affluent area and is really a place designed to raise families, and the people are interested in preserving that quality of life. He remarked that he is troubled by the terns development and developer, which connote something good and positive, feeling they should be substituted by destruction and destroyer of one of the great assets of this community.m unity. He ommented that tonight he has heard about townhouses which are not going to contain families and, not sure what they are going to contain, he thinks what he is hearing is a code word for slum, what is being proposed by the developer sounds like a nice slum on the country club. He strongly suggested that the ecology be protected since deer, fox, white cranes and other wild life have been seen on the land. He concluded that in 1968, based on federal standards for this type of comtmmity, there was a concern about density of population and felt it would be catastrophic to increase it right now. 14 325 June 6, 1990 Elaine Merians of Bonnie Briar Lane stated that she agrees with Mr. Young and although she has never attended one of these meetings, she has shown up tonight because she feels very strongly about this issue. She stated that she has lived here for twenty five years, enjoyed all that it has to offer, and does not wish to see anything happen to change it drastically. She then underscored several points: 1. the effects on the environment and flooding, knowing that her next door neighbor, unable to keep the car in the garage during rain, must park it in her driveway; 2. traffic flow, leaving at 8 or 8:15 a.m., it takes four to five minutes to get onto Weaver Street; 3. impact on school and services the Town provides, she asked that the Board think about these and have things remain the way most people wish. Richard Leahy stated that he is somewhat typical of a young family who moves to Larchmont. He has been here ten years and, during that period, has done his own environmental study, finding that in the past ten years, increased traffic and development at the top of Weaver Street in New Rochelle, has caused it to be tuibearable and unsafe. He commented that he has small children attending Murray Avenue School and he is absolutely opposed to any development within this area. He added that he chose this Town and pays the taxes willingly because of the quality of life, and he feels this issue is relevant to his property. He went on to say that it would be difficult to look for tax increases without open spaces, and with further horrendous traffic situations, as well as the critical problem with the reservoir and flooding. He concluded that, looking at surrounding Towns, we should fight those things that ruin the quality of our lives and not have people move to other places in order to retain that quality. Anthony Magro of Bonnie Briar Lane commented that he has lived here for one and one-half years and so may have no perspective, but he has a sense of why he came here, and wished to point out a few things that may not be realized except by those who live in the area which is affected. He mentioned the dangers involved in crossing Leatherstocking Trail, and for his children on Weaver Street when walking to school. He stated that taking into account cost management analysis would be an isolated subject, and he felt the Town should consider financial issues. He noted that he questions the appropriateness of an R-50 zone, or any zone for that matter. He concluded that he wishes to be active and involved in the directions of this issue, and he asked that as many people in the Town as possible be informed and made aware of this issue as well. Andrew Watson of Oakdale Road mentioned that he had sent a letter on this subject to the Supervisor in April, noting his concern about traffic among other things. He spoke about the fact that this decision is certainly irrevocable, and mentioned the 1968 study about overcrowding which probably did not cover today,s double salary family with two cars and teens driving, noting that this type of future development must be looked into. The following letter is that of Mr. Watson's for the record: I am writing to you about a subject of great concern to me and my family: Development of Bonnie Briar Country Club. One of the unfortunate results of history is that towns and connmmities throughout America have suffered from a lack of planning foresight when it comes to development. Just realize for a moment how we laud those who planned for such things as Central Park and Larchmont's Manor Park, and it is clear that greater provision for open spaces would have drastically improved our living spaces. 15 326 June 6, 1990 When I came to learn of the proposed development of Bonnie Briar Country Club, I simply could not believe that it could be true. Apart from the destruction of the visual beauty of the clubs green spaces, I am even more concerned about the overcrowding that exists even before this proposed development on Weaver Street. This winding, heavily used thoroughfare is already taxed to the limit on many occasions. The idea of increases in vehicular traffic in proportion to the size of development Planned boggles the mind. Are we proposing a four lane highway? A second deck on the Street? Surely no one is arguing that the increase in traffic that would occur is a "plus" as opposed to a liminus" for our community. Likewise, I am concerned about more crowded conditions at the train station, our commercial areas, and the Murray Avenue School, which both of my children will be attending next year. Last, and certainly not least, are the environmental questions raised with the addition of tens of new dwellings. If one thing is evident as we approach Earth Day 1990, it is that our waste treatment facilities are already strained. We should not be worsening our plight. We are fortunate to live in a wonderful community with many assets: close proximity to New York City; a shoreline for many to enjoy; a diverse and talented group of citizens; schools recognized for their excellence. While we must recognize that you cannot have lithe country" so close to the city, it seems prudent to me that we do all in our power to preserve the open spaces that we do have and not to overwhelm the facilities/infrastructure that surely were not meant to support even the current population. Thank you for your consideration of this matter and I would hope that you share this letter with other members of the Town Council. At this time Supervisor Silverstone asked if members of the Board would like to give their views. councilwoman Price stated that she wished to reiterate in more detail some of the issues raised tonight as, for instance, what kind of resources could be generated by a Town park to offset the debt service, this being an important consideration in terms of public owned property. She felt that recreation uses other than a golf course should be explored, and a public golf course not necessarily under Town ownerhip, as well as one under Town ownership, would need a financial review of just how many members may be required to offset the debt service. She felt emphatically that hydrological studies must be done, though she was unsure as to how far up and how extensive they must be, in order to understand the flows and volumes and pooling as Dr. Mason had presented. She noted that exploring Town ownership and public uses, including Town parks, and how to offset their debt service effectively while retaining use for residents, would be a very important decision. She said she would welcome the information by Mr. Fish pertaining to a recreational zone in the Village of Mamaroneck, his written statement suggests it was defended by the Department of State and Office of Local Waterfront Revitalization, but his verbal comments suggest that legally it has been challenged and is still on the books. She stated that she has not seen that legal challenge, the legal challenge she is aware of deals with the adequacy of the EIS and not to that zone. 16 327 June 6, 1990 Councilman Chapin stated that the suggestion made earlier about the public being given a chance to submit written comments to the draft of the scoping document, is a reasonable suggestion and should be pursued. The Supervisor responded that she was uncertain as to just how it would be implemented. Councilman Chapin, however, mentioned his interest as long as the concept is workable, noting that they can make it work since it seems reasonable and should be carried out even if the process lasts slightly longer. In terns of various alternatives, he was in agreement with councilwoman Prices views. councilwoman O,Flinn was in agreement with Councilman Chapin in regard to submitting written comments to the draft of the scoping document. She pointed out that traffic impacts must be examined at the Train Station, the major intersections of and shopping districts within the Town and village, along the Post Read and Weaver Street, as well as the traffic patterns near various schools. She remarked that this entire issue deserves further emphasis and detailed study, noting that the visual character of the existing property and the aesthetic impact on the community cannot be overlooked, nor what would occur if it were developed. She went on to say that she does not recall any mention made about noise, cultural resources, present recreational facilities, tennis courts, impact of future development on the value of existing homes, or who would comprise the membership of a public golf course, that is, open or closed membership, number of rounds required to keep it in the black, etc. some discussion ensued among the Board, a few residents and Mr. Ferrandino, concerning schematics, various priorities and traffic problems presently existing on Weaver Street. 5. Correspondence - Mayor of Tarrytown I-287 This item was deferred to the meeting of June 21st. 6. Home Rule Request On motion by councilwoman Price, seconded by Councilman Chapin, the following resolution was unanimously adopted: WHEREAS, this Town Board heretofore requested our legislators in the State Legislature to introduce legislation allowing Frank Occhiogrosso to purchase certain retroactive service credit; and WHEREAS, bills in response to this request have been introduced in the Assembly and Senate nwnbere:d A.4199-B and S.2903-B, respectively; 17 328 June 6, 1990 NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck: The Town Clerk is hereby authorized and directed to file the appropriate Home Rule Request for the Assembly and Senate Bills numbered A.2553-B and 5.1538-A, respectively. 7. Salary Authorization - Recreation Pursuant to memo from William Zimmermann, Superintendent of Recreation, on motion by Councilman Chapin, seconded by Councilwoman Price, it was unanimously RESOLVED, that as provided for in the 1990 Town Budget, authorization is hereby granted for payment of salary to the following: Melvin Seigel, Adult Tennis Instructor, $26.00 per hour, effective retroactive to 5/1/90; Matthew Santorsola, Rey Attendant/ Alternate Lifeguard, Hommtiocks Pool, $4.00/$5.00 per hour, effective 6/2/90. APPROVAL OF MINUTES - Deferred to Meeting of June 21st. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS There were no written or oral commxnications to come up at this time. THE SUPERVISOR Supervisor Silverstone mentioned that the Larchmont Library Board is undertaking a vigorous professional fundraising campaign for over a million dollars, after which time, Larchmont Village will give then $600.000, and they are hoping the Town will make the same commitment. She appointed Councilmen Chapin and McGarr to study what would be needed in a new agreement between the Village of Larchmont and Town of Mamaroneck with regard to the Library. 18 329 June 6, 1990 The Supervisor reminded the Board about the resolution needed for the Laurel Avenue property, and on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes the Town Supervisor of the Town of Mamaroneck to write a letter to Westchester County requesting the property on Laurel Avenue for the Town. TOWN CLERK The Town Clerk submitted the Building and Plumbing Report for the month of May, as well as the report of the Town Clerks Office for the month of May. BOARD OF FIRE COMNaSSIOMM The Meeting was called to order by Commissioner Silverstone at 11:55 p.m. in the Court Roam, Present were the following members of the Commission: Commissioner Caroline Silverstone Commissioner Stephen Chapin Commissioner Elaine Price commissioner John McGarr Cmimi.ssioner Kathleen Tracy O'Flinn 1. Commmissioner McGarr presented fire claims for authorization of payment and on his motion, seconded by Conmiissioner Price and opposed by Commissioner Chapin and Comissioner O,Flinn, it was RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Co., Inc. $ 274.26 Consolidated Uniform Service 40.44 Country Club Chevrolet, Inc. 18,094.00 ESCO 25.00 Excelsior Garage & Machine Works, Inc. 3,390.41 Interstate Fire & Safety Equipment Coltlpany., Inc. 75.00 Lawrence Heat & Power Corp. 471.90 Lawrence Heat & Power Corp. 157.06 Rickert Lock & Safe Co. 11.20 All Power EquipmentCo. 48.70 $22,587.97 There being no other business to come before this Commission, on motion by Commissioner Price, seconded by Commissioner McGarr, the meeting was unanimously declared adjourned at 12:08 a.m. 19 June 6, 1990 330 REPORTS OF THE COUNCIL None AWOURIMM There being no further business to come before the Board, on motion by Councilwoman O'Flinn, seconded by Councilman Chapin, the meeting was unanimously declared adjourned at 12:10 a.m. Patricia A. DiCioccio Town Clerk 20