HomeMy WebLinkAbout2023_08_09 Planning Board Minutes MINUTES
Planning Board Meeting
Wednesday,August 9th, 2023
Town of Mamaroneck Town Center—Court Room
740 West Boston Post Road 7:30 PM
PRESENT: Ralph Engel, Chair
Elizabeth Cooney, Vice Chair
Ira Block, Planning Board Member
Edmund Papazian, Planning Board Member
Ron Mandel, Planning Board Member
Sarah Dunn, Alternate Planning Board Member
ABSENT: Robin Nichinsky, Town Councilwoman
STAFF Lisa Hochman, Counsel to the Planning Board
PRESENT: Elizabeth Aitchison, Town Environmental Planner
Carol Murray,Assistant Civil Engineer
Anthony Oliveri, Consulting Engineer
Shaun Hughes, Interim Town Planning Board Secretary
CALL TO ORDER
The meeting was called to order at 7:33 P.M. and Mr. Engel welcomed everyone and
announced that a quorum was present.
MINUTES
The Board discussed the draft minutes of July 12th, 2023.
Motion: To approve the draft minutes of July 12th, 2023, as amended.
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Approved -with 2 abstentions (Sarah Dunn, Ron Mandel)
Carol Murray confirmed that all documents to be discussed had been posted on the website at
least 24 hours prior to the meeting and that all applications on for public hearing had been duly
noticed.
Application #1 — 176 Myrtle Blvd., Gjoko &Lucy Shkreli—Site Plan- Consideration
Adjourned to September 13th meeting—per request of the applicant.
Application #2—54 Deane Place—Joanne Grossman —Wetland and Watercourses Permit
Adjourned to September 13th meeting—per request of the applicant.
Application #3 - Bonnie Briar Country Club - Site Plan Amendment - Public Hearing -
Continued
Mathew Dudley, the applicant's attorney, Matthew DeCecco, from Catizone Engineering, Joseph
Napolitano, the club's General Manager, and Benedict Salanitro, the applicant's engineer were
present to address the Board.
Mr. Dudley turned over the discussion to Mr. Salanitro and Mr. Salanitro presented the updated
site plan.
The Board and representatives of the applicant discussed the plans.
Mr. Oliveri stated that all his comments have been addressed.
Ms. Murray stated that the Town Engineer's office has no additional comments on the plans.
Ms. Aitchison stated that the Town Conservation Department has no additional comments on the
plans.
The Board and representatives of the applicant discussed whether any protections were necessary
to protect neighboring properties against errant golf balls.
Mr. Salanitro stated that nets are not proposed but if needed the club would submit a separate
application for the installation of a net.
The Board and the applicant discussed how it would be determined whether a net is needed and
what would happen if there is a lack of consensus among the neighbors about what is needed.
The Board discussed the Town of Mamaroneck Code requirements applicable to site plan
applications.
Mr. Engel opened the floor to public comments.
Mr. Ami Ziff of 5 Cornell Street stated that he understands the applicant's intention of mitigating
errand golf balls, as well as potential noise and light issues and asked whether the resolution
reflects the applicant's statement to install a net if necessary.
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Ms. Hochman stated that the draft resolution contains recitals reflecting the applicant's intention
to pay for and install a protective barrier if determined to be necessary at some future date.
Regarding noise and light, Mr. Salanitro stated that there would be no change in the use or the
hours of how the club operates now.
Mr. Napolitano stated that the only new lights were lights that would be low to the ground for
walking and further stated that all events end at sunset.
The Board discussed the draft resolution prepared by counsel.
Motion: To approve the draft resolution, as modified
Moved by Edmund Papazian, seconded by Elizabeth Cooney
Action: Unanimously approved
RESOLUTION
Site Plan Amendment
Bonnie Briar Country Club
808 Weaver Street,Town of Mamaroneck,New York
On motion of Edmund Papazian, seconded by Elizabeth Cooney, the portion of the site plan amendment
application of Bonnie Briar Country Club (the "Applicant") applicable to the proposed new golf and tennis
performance center and modifications to its driving range was APPROVED by the Planning Board of the Town
of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 5 to 0
with no abstentions.
WHEREAS, the Applicant submitted an application to amend its site plan(the "Application") for its property at
808 Weaver Street Mamaroneck, NY and known on the Tax Assessment map of the Town of Mamaroneck as
Section 2 Block 25, Lot 1.1 (the "Property"); and
WHEREAS,the Property is located in the"Recreation" zoning district; and
WHEREAS, the Applicant proposes to construct a golf and tennis performance center and make
modifications to its driving range on the Property; and
WHEREAS, the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld
Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans and reports
(hereinafter referred to as (the "Plans")
• Bonnie Briar Country Club, prepared by prepared by Catizone Engineering, P.C., dated May 26, 2023, and last
revised July 14, 2023, containing sheets:
o SD100- Overall Site Plan
o SD101- Partial Survey
o SD201- Layout Plan
o SD202 - Grading &Schematic Utility Plan
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o SD203- Limit of Disturbance Plan
• Bonnie Briar Country Club Phase 2— Performance Center, prepared by Catizone Engineering, P.C., dated May 25,
2023, last revised July 14, 2023, containing sheets:
o SD2.201— Layout Plan
o SD2.202—Grading & Utility Plan
o SD2.203—Erosion & Sediment Control Plan
o SD2.204— Lighting Plan
o SD2.401—Details
o SD2.402—Details
• Bonnie Briar Country Club Phase 3— Driving Range, prepared by Catizone Engineering, P.C., dated May 25, 2023,
last revised July 14, 2023, containing sheets:
o SD3.201— Layout Plan
o SD3.202—Grading & Utility Plan
o SD3.203—Erosion & Sediment Control Plan
o SD3.204— Lighting Plan
o SD3.401—Details
• Bonnie Briar Country Club— Design Development -Architectural drawings prepared by Chambers, dated Jan 20,
2023
• Stormwater Pollution Prevention Plan "Bonnie Briar Site Plans", prepared by Catizone Engineering, P.C., dated
May 31, 2023, last revised July 14, 2023.
WHEREAS, the Applicant provided all information required by Chapter 177 of the Town Code; and
WHEREAS, the Board finds that the Application conforms to the standards established by Sec. 177-5 of the
Town Code; and
WHEREAS, the Town Building Inspector, in a memorandum dated July 7, 2023, stated that the proposed site
work is zoning compliant; and
WHEREAS, all required referrals were made in accordance with Section 177-11 of the Town Code; and
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Town's Coastal Zone
Management Commission ("CZMC") reviewed the Application at its meeting on April 24, 2023 and issued a
letter to the Planning Board, dated May 1, 2023 (the "CZMC Letter"), stating that the Applicant's proposal is
consistent with the policies of the Local Waterfront Revitalization Program; and
WHEREAS, the Planning Board opened a duly noticed public hearing on the Application on April 12, 2023
which was continued on May 10, June 14, July 12 and August 9, 2023; and
WHEREAS, as reflected in the adopted minutes of the April 12 and May 10, 2023 Planning Board meetings,
owners of property fronting Cornell Street, adjacent to the proposed golf and tennis performance center and/or
the golf driving range (the "Cornell Neighbors"), expressed frustration and safety concerns about errant golf
balls which land on their property; and
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WHEREAS, as reflected in the adopted minutes of the April 12, 2023 Planning Board meeting, at the public
hearing, the Planning Board Chair asked whether the Cornell Neighbors wanted netting or another type of barrier
installed to prevent errant golf balls from landing on their properties; and
WHEREAS, as reflected in the adopted minutes of the April 12, 2023 Planning Board meeting, the Cornell
Neighbors expressed differing opinions about the installation of netting or another type of barrier,due to concerns
that it would visually obstruct the views from their properties; and
WHEREAS, as reflected in the adopted minutes of the April 12, 2023 Planning Board meeting, the
representatives of the Applicant stated that the Applicant would pay for the installation of a protective barrier,
such as netting to obstruct errant golf balls, if required; and
WHEREAS, as reflected in the adopted minutes of the April 12, 2023 Planning Board meeting, the Chair
suggested that the Cornell Neighbors and representatives of the Applicant meet to discuss matters; and
WHEREAS, as reflected in the adopted minutes of the May 10, 2023 meeting of the Planning Board, at the
continuation of the public hearing, the Cornell Neighbors' concerns about errant golf balls on their property was
again discussed, and netting was again considered; and
WHEREAS, as reflected in the adopted minutes of the June 14, 2023 meeting of the Planning Board, at the
continuation of the public hearing, Mr. Salanitro, the Applicant's engineer, stated that representatives of the
Applicants met with Cornell Neighbors to review the plans, walk the range area near their homes, and view
renderings done from three different vantage points; and
WHEREAS, as reflected in the adopted minutes of the June 14,2023 Planning Board meeting, at the continuation
of the public hearing, Mr. Salanitro stated that he strongly believes that errant balls will be reduced by
implementation of the new driving range plan, and also said that nets are not necessary
WHEREAS, as reflected in the adopted minutes of the June 14,2023 Planning Board meeting, at the continuation
of the public hearing, Planning Board members again discussed the potential impact of golf balls landing on the
properties owned by Cornell Neighbors, one Planning Board member said that the Cornell Neighbors knew about
the risk of errant balls when they purchased their properties adjacent to the golf course, another said that the
Cornell Neighbors acknowledged that golf balls were landing on their properties prior to this Application and a
Planning Board member said that the Cornell Neighbors have not established which part of the golf course the
errant balls are coming from; and
WHEREAS, as reflected in the adopted minutes of the July 12,2023 Planning Board meeting, at the continuation
of the public hearing, counsel to the Applicant stated that the new range will decrease the number of errant golf
balls and that the Applicant is willing to install appropriate netting on its property along the boundary between
the golf range and its Cornell Street neighbor(s) at a future date; and
WHEREAS, as of this date, the Planning Board knows of no request for a protective barrier (e.g., a net) by the
Cornell Neighbors, collectively, nor by any individual Cornell Neighbor; and
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WHEREAS, at the continuation of the public hearing on August 9, 2023, the General Manager of the Applicant,
Joe Napolitano, pledged on the record to be responsive to a request that may be advanced by one or more of the
Cornell Neighbors in the future with respect to a net or other protective barrier; and
WHEREAS, the Planning Board has considered the Application, comments and responses to questions by the
Applicant and its representatives,the CZMC Letter,the reports and comments of the Town's Consulting Engineer,
and heard comments from any interested members of the public; and
WHEREAS, due to its location adjacent to a"Critical Environmental Area"as defined in Chapter 92 of the Town
Code, the Board determined that the application, which otherwise would have been an unlisted action under the
New York State Environmental Quality Review Act("SEQRA"),is a Type 1 action pursuant to the Environmental
Quality Review regulations found in Chapter 92, Article 1 of the Town Code ("MEQR"); and
WHEREAS, the Planning Board reviewed Part 1 of the Full Environmental Assessment Form (EAF) submitted
by the Applicant in support of the Application, sought comments from all interested agencies and, based upon
such information, and in consultation with the Town Environmental Planner, completed Part 2 of the Full EAF;
and
WHEREAS, the Planning Board reviewed a draft of Part 3 of the Full EAF, prepared by Town's Environmental
Planner, which proposes a determination of non-significance, also known as a negative declaration; and
WHEREAS, that the Planning Board approved the authorization of a determination of non-significance (the
"Negative Declaration") dated June 14, 2023, a copy of which will be kept on file with the Building Department.
BE IT RESOLVED, that the Planning Board APPROVES the portion of the Application for an amendment to
the site plan for the Property, as reflected in the hereinabove-referenced Plans, only to the extent related to a golf
and tennis performance center, and modifications to the driving range subject to the following terms and
conditions:
General conditions:
1. All site work shall be in accordance with the latest revised Plans relating to the golf and tennis performance
center and driving range, as hereinabove referenced, as conditioned and/or modified in accordance with
the direction of the Board, which modifications were agreed to by the Applicant.
2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any
not-yet-issued Town permits.
3. In the event that subsequent events may require any modification to the portion of the site plan that is
approved by this resolution, a determination shall be made by the Town Engineer as to whether the
modification is substantial and should be further considered by the Planning Board.
4. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town
Engineer prior to the issuance of any not-yet-issued Town permits.
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5. Work conducted under Town permits shall be open to inspection at any time, including weekends and
holidays, by the Town of Mamaroneck Building Inspector, the Town Engineer and the Town
Environmental Planner or their designated representative(s).
6. All permits shall be maintained and prominently displayed at the project site during the undertaking of the
activities authorized by the permits.
7. Prior to the issuance of a letter of completion, the Applicant shall deliver to the Town Engineer, in a
form and size acceptable to him, on paper and digitally, an as-built plan showing the entire Property,
on which all improvements shall be shown and identified, and on which each golf course hole number
shall be marked.
8. No letter of completion shall be issued until all of the required conditions of this approval have been met.
9. The term "Applicant" is used herein with the intent to impose a future obligation or condition and shall
include the Applicant, as defined above, and any successors or assignees in/of an ownership interests in
the Property or any portion thereof.
10. The Site Plan drawing shall include an endorsement block for the Planning Board Secretary, the Town
Engineer, or another employee of the Town selected by the Town Engineer, in accordance with §177-14
including the following statement"Approved by Resolution of the Planning Board dated August 9,2023."
11. The Applicant shall be required to pay to the Town its actual cost of technical reviews,including, without
limitation, consulting fees, prior to the issuance of any Town permits.
Specific Conditions:
11. All plantings done in connection with the Application shall be approved by the Town's Environmental
Planner prior to the issuance of a letter of completion.
12. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer, the Applicant shall
provide documentation confirming that it has obtained permit coverage under the NYSDEC SPDES
General Permit for Stormwater Discharges from Construction Activity (Permit# GP-0-20-001).
13. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer in consultation with
the Town's Consulting Engineer, the Applicant shall provide a finalized Stormwater Pollution
Prevention Plan (SWPPP) in accordance with the requirements of the NYSDEC SPDES General Permit
for Stormwater Discharges from Construction Activity (Permit# GP-0-20-001).
14. Upon completion of site work relating to the golf and tennis performance center and modifications to the
driving range and establishment of final stabilization of the area around it, and prior to the issuance of a
certificate of completion relating thereto, the Applicant shall provide documentation of having filed a
Notice of Termination for project coverage under NYSDEC SPDES General Permit (Permit# GP-0-20-
001).
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This decision shall be filed with the Town Clerk.
The public hearing will remain open for Phase 4 of the project, which is for the pool.
Motion: To adjourn the meeting at 8:45 P.M.
Moved by Ron Mandel, seconded by Elizabeth Cooney
Action: Unanimously approved
Minutes prepared by
Shaun Hughes
Interim Planning Board Secretary
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