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