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HomeMy WebLinkAbout2017_11_02 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD IN CONFERENCE ROOM C OF THE TOWN CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK NOVEMBER 2, 2017 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet (Alternate A), Ron Mandel (Alternate B) Absent: George Roniger Also Present: Lisa Hochman, Counsel to Planning Board, Anthony Oliveri, Town Consulting Engineer, Robert Wasp, Town Engineer, Elizabeth Paul, Environmental Planner, Ralph Tarchine Acting Building Inspector and Francine Brill, Secretary to the Planning Board Mr. Engel stated applications would be taken out of order. 1. MINUTES Motion: To approve the minutes of October 11, 2017 Action: Approved Moved by Ira Block, seconded by Edmund Papazian. Vote: Unanimous 2. Roaring Brook Partners LLC - 32 Doris Lane - Residential Site Plan Approval Public Hearing Steven Silverstein, the property owner, addressed the Board and stated that he responded to the Town and Consulting Engineers' recent notes, and his engineer is present to answer any questions. Public Comments There were no public questions or comments. The Board discussed the proposed draft resolution. Mr. Oliveri stated that he is satisfied with the plan revisions and Mr. Wasp stated that the additional plans are substantially complete and the notification sign was posted correctly. Motion: To close the public hearing Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney 1 Vote: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet, Motion: To approve the residential site plan Action: Approved Moved by Elizabeth Cooney, seconded by Eileen Weingarten. Vote: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet On motion of Elizabeth Cooney seconded by Eileen Weingarten the site plan application of Roaring Brook Partners LLC the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck(the "Board") upon the following resolution, which was adopted by a vote of 7 to 0 with no abstention(s). WHEREAS, the Applicant has applied for residential site plan approval to construct a single family house (the "Application") at property located at 32 Doris Lane, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333, Lot 2115../2(the "Property"); and WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter 178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); and WHEREAS, the Applicant has provided all information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in accordance with Section 178-9 of the Residential Site Plan Law and no comments were received; and WHEREAS, in accordance with Chapter 234 of the Town Code, the Application was referred to the Coastal Zone Management Commission ("CZMC"); and WHEREAS,the CZMC considered the Application at its meeting on September 25,2017 and issued a letter to the Planning Board dated September 28, 2017 stating that it found the proposed action to be consistent with the policies of the Local Waterfront Revitalization Plan; and WHEREAS, Dolph Rotfeld Engineering, P.C. (the "Town's Consulting Engineer") reviewed the following plans: • Plans entitled: "Proposed Residence for Roaring Brook Partners LLC" Sheet A-1 through A-7 prepared by RMG associates dated July 21, 2017, last revised August 22, 2017 2 • Plan entitled: "Stormwater and Erosion Control Plan" Sheets SW-1 and SW-2 prepared by Larry J. Nardecchia, Jr., P.E. dated July 9, 2017 and last revised October 24, 2017 • "Drainage Analysis"prepared by Larry J. Nardecchia, Jr., P.E. dated July 9, 2017 and last revised August 23, 2017 • Plan for Landscape Development dated May 8, 2017, last revised on July 19, 2017 WHEREAS, the Town's Consulting Engineer issued memos to the Planning Board dated August 3 and October 5, 2017 (collectively, the "Town Consulting Engineer Memos"); and WHEREAS, the Town's Consulting Engineer stated that all comments in the Town Consulting Engineer Memos have been satisfactorily addressed; and WHEREAS, the Building Inspector stated that the Proposed Action complies with the Code of the Town of Mamaroneck; and WHEREAS,after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing as to the Application on October 11, 2017; and WHEREAS, the Planning Board has considered the Application; comments and responses to questions by the Applicant and its representatives; the reports and comments of the Town's consulting engineer; and the comments of interested members of the public; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act and 6 NYCRR§ 617 et seq. and Section 92- 8.A(22)of the Town of Mamaroneck Environmental Quality Review Law and, accordingly,no further environmental review is required; and WHEREAS, the Board finds that the Application conforms to the standards established by Section 178-12 of the Residential Site Plan Law. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the Application as reflected in the hereinabove specified plans submitted in connection with the Application. BE IT FURTHER RESOLVED that this Board APPROVES the Application subject to the following terms and conditions: General conditions: 1. All site work shall be in accordance with the latest revised plans, as herein referenced. 2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 3 3. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require any modification to the site plan approved by this resolution, a determination shall be made by Town Building Inspector in consultation with the Town Engineer as to whether the modification is substantial and should be further considered by the Planning Board. 4. Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector prior to any site disturbance. 5. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer and the Town Building Inspector for approval prior to commencing site work. 6. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan is delivered to the Town Building Inspector. 7. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy shall be issued until all of the required conditions of this approval have been met. 8. Prior to the issuance of a certificate of occupancy, the Applicant shall deliver to the Town Building Inspector an "as built" survey. 9. The term "Applicant"is used herein with the intent to impose a future obligation or condition, shall include the Applicant, as defined above, and any successors or assigns in/of ownership interests in the Property or any portion thereof Specific Conditions: 10. Revise the Site Plan drawing to include an endorsement block for the Planning Board Secretary in accordance with §177-14 of the Town Code including the following statement "Approved by Resolution of the Planning Board dated November 2, 2017." 11. The Applicant shall comply with the requirements of the Town Superintendent of Highways with respect to the driveway entrance, street opening permit and work within the right of way. 3. Winged Foot Golf Club - 851 Fenimore Road -Wetlands Permit and Site Plan Public Hearing Joe Cemele of Kellard Sessions, the applicant's engineer, addressed the Board. Motion: To open the public hearing Action: Approved Moved by Ira Block, seconded by Eileen Weingarten 4 Vote: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet Public Comments There were no public questions or comments. The Board discussed the proposal. Ms. Paul stated that the CZMC requested one to one tree replacement. Mr. Cemele agreed to prepare a planting plan for the next meeting and said that the applicant will plant trees in both the affected area by the trench to be dug for the utilities and throughout the golf course. The public hearing will remain open. 4. 24 Baldwin Avenue - Residential Site Plan Approval - Consideration Mr. Block stated that the name on the deed and owners name on the application must match. Virginia Piccotto, the applicant's architect, addressed the Board stating that the house is currently an illegal multi-family house to be demolished and replaced with a conforming single-family residence. The current house has no driveway but the proposed will have a two-car garage and driveway parking. The new driveway will increase the amount of impervious area. Ms. Piccotto stated that there was an existing conditions survey in submission package. Benny Salanitro, the applicant's engineer, explained the grading and drainage and stated that they have been to multiple PEER meetings, and the current plans incorporate comments by the Town engineer. Mr. Engel questioned the structural integrity of retaining walls and Mr. Salanitro answered that the applicant will replace with full stone walls. Mr. Wasp stated that there was a site field meeting and some walls are on Town property. The applicant is working with the Town to reconstruct the walls on Town property. Mr. Salanitro asked if the proposal could be referred to the CZMC and Ms. Paul stated that the next meeting is November 27th, with submission required by November 20`h Ms. Weingarten questioned the attic area and stated that the drawings must be coordinated. Ms. Picciotto stated that the attic is not intended to be habitable and it will be accessed by pull down stairs. Motion: To set the public hearing for December 13, 2017, provided all notice requirements are met. Action: Approved 5 Moved by Ralph Engel, seconded by Eileen Weingarten Vote: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet 5. Safeguard Storage Properties, LLC - 615 Fifth Avenue—Site Plan Approval Public Hearing, continued Mr. Engel stated that this meeting date was changed to accommodate the applicant. Board members and professional staff have reviewed a draft resolution prepared and circulated by counsel. Mr. Wasp stated he has no objections to the current set of plans. Mr. Engel stated the Environmental Assessment Form (EAF) was amended. The Board discussed the changes to the EAF. Ms. Paul stated that she had a revised EAF prepared for the applicant's signature. Mr. Engel asked if the applicant's council had a chance to review the draft resolution and Anthony Gioffre affirmed and raised concerns about the proposed hours of operation. The Chair and Board members stated that they want to prevent trucks in the middle of the night disturbing the residential area. Section 177-5.K of the Town Code was read into the record, demonstrating that the Planning Board has the authority to restrict the hours of operation. Site lighting was discussed. Illumination of signage was discussed. The signage will only be illuminated from one hour before opening to one hour after closing. Ms. Cooney suggested that the applicant accept the proposed operational hours and let the Board see how the facility operates and that they may chose to return to amend the hours of operation. Mr. Bonilla stated he was comfortable with that suggestion. The lot across the street ("Parcel A") was discussed. Mr. Bonilla stated it is not being used but it is part of the bankruptcy proceeding and explained that it is not required for parking. Mr. Engel stated Parcel A can be removed from the site plan. Mr. Tarchine stated that the Parcel A is in violation for parking and storage containers and suggested the container be removed and the area be fenced to prevent parking. Mr. Engel asked that although Parcel A is not part of the site plan would the applicant agree to landscaping the property. Mr. Bonilla agreed. PUBLIC COMMENTS There were no public questions or comments. 6 Motion: To close the public hearing Action: Approved Moved by Elizabeth Cooney, seconded by Edmund Papazian Vote: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet Ms. Paul read the draft negative neclaration into the record. The Board discussed the draft negative declaration and Mr. Engel proposed a comment relating to the restricted fire lane. Motion: To approve the Negative Declaration, as corrected, dated November 2, 2017 Action: Approved Moved by Eileen Weingarten, seconded by Elizabeth Cooney Vote: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet Motion: To close the public hearing Action: Approved Moved by Ira Block, seconded by Donald Kravet Vote: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet Motion: To grant the requested flood damage waiver Action: Approved Moved by Eileen Weingarten, seconded by Ira Block Vote: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet Motion: To approve the requested site plan, as modified Action: Approved Moved by Elizabeth Cooney, seconded by Eileen Weingarten Vote: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Eileen Weingarten, Ira Block, Donald Kravet 7 On motion of Elizabeth Cooney seconded by Eileen Weingarten the application of Safeguard Storage Properties, LLC (the "Applicant") for approval of a site plan was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of 7 - 0 with no abstention(s). WHEREAS, the Applicant submitted an application for approval of a site plan to construct a self- storage facility (the "Application"); WHEREAS, the Property is located at 615 Fifth Avenue and known on the Tax Assessment map of the Town of Mamaroneck as Parcel Number 1-31-333 & 1-31-344 (the "Property") in the Service Business-Residential ("SB-R") District; WHEREAS, the Applicant has stated that it will also own the vacant parcel across the street from the Property located at the corner of Fifth Avenue and Lester Place Block 132, Lot 8 (hereinafter referred to as "Parcel A"); WHEREAS,Parcel A is not part of this Application; WHEREAS, the Applicant obtained area variances for building height, floor area ratio, off street parking spaces, and off street loading spaces from the Town of Mamaroneck Zoning Board of Appeals ("ZBA") on May 24, 2017; WHEREAS, according to the FEMA Flood Insurance Rate Map, the Property is located in an Area of Special Flood Hazard,FEMA Zone A as defined in Chapter 110 of the Town of Mamaroneck Town Code (the "Town Code") and is subject to the requirements codified in Section 110-21 of the Town Code. WHEREAS, in compliance with the requirements of Chapter 110 of the Town Code, the Applicant submitted a request for a flood damage prevention variance with respect to Town Code Section 110- 21(E)to allow the lowest floor of the proposed building within Zone A with no base flood elevation data to be located at grade; WHEREAS, in lieu of compliance with Section 110-21(E), the Applicant proposed waterproofing the foundation,raising the loading dock elevation by one(1)foot, and decreasing storm water runoff with pervious pavers, a "blue roof' (rooftop storage of stormwater), and a water quality treatment unit; WHEREAS, in consideration of the Applicant's request for such variance, the Planning Board considered all technical evaluations and the relevant factors enumerated in Town Code Section 110- 25(D); WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on September 25, 2017 to determine consistency with the Local Waterfront Revitalization Program ("LWRP") and issued a letter to the Planning Board dated September 28, 8 2017, signed by Marc Godick and Dr. C. Alan Mason, Co-Chairs, which stated, inter alia: CZMC and the applicant discussed alternatives to further mitigate potential flooding for the proposed building. Following a review of various alternatives, the applicant agreed to install a ramp in the loading dock to effectively raise the elevation by 1 foot. This change would make the loading dock, which is the entry point that is most susceptible to flooding, more resilient. Provided that the modification of the loading dock is incorporated in the site plan, CZMC found the proposed action to be consistent with the policies in the LWRP. WHEREAS, the Applicant revised the plans to reflect the modification of the loading dock in accordance with CZMC's recommendation; WHEREAS, Anthony Oliveri, P.E., of Dolph Rotfeld Engineering, P.C. (the "Town Consulting Engineer") reviewed the Application including submitted plans, drawings and reports; WHEREAS, the Town Consulting Engineer issued comment memos to the Planning Board dated September 8 and October 10, 2017 (collectively, the "Town Consulting Engineer Memos") WHEREAS, the Applicant revised the plans in accordance with some of the comments in the Town Consulting Engineer's Memos; WHEREAS, the Town Consulting Engineer stated that, to the extent that the comments in the Town Consulting Engineer Memos have not yet been satisfactorily addressed, they can be (and they are) included as conditions of this approval; WHEREAS, the Town Consulting Engineer further determined that the stormwater management practices and flood control measures will sufficiently accommodate the flow of water and reduce the peak rate of runoff through the 100-year storm; WHEREAS, the Board of Architectural Review("BAR")reviewed the Application at its meeting on September 18,2017 and issued a letter to the Planning Board dated October 4,2017 signed by Edward Z. Jacobson, AIA, Chairman of the BAR, which stated, inter alia, that the overall design of the building and the concept for signage as presented were acceptable with the following qualifications: 1) that the design of the canopy above the loading bay be refined so as to make it appear slimmed down and less thick; 2) that wildflower pollinators be included in the landscape plan; and 3) that the double faced signage on the vertical blade facing Fifth Avenue be restudied 9 WHEREAS, the Applicant revised the plans in accordance with such recommendations from the BAR; WHEREAS, the BAR retains jurisdiction with respect to the lettering on the sign; WHEREAS,the Town Traffic Committee reviewed the Application at its October 11,2017 meeting and the Town Board liaison to the Traffic Committee, Abby Katz, appeared before the Planning Board on October 11, 2017 to report that the Traffic Committee has no objection the application; WHEREAS, the Town Fire Council reviewed the Application at its October 2, 2017 meeting and issued a letter dated October 10, 2017 to the Planning Board, signed by Chief Paul Tortolla (the "Fire Council Letter"), which stated, inter alia: 1. The 150' Fire Apparatus Access Road on the east side of the building [shall] be designated a fire lane in the town code and[shall] be striped as shown on the plan; and 2. The Siamese connection for the sprinkler standpipe system to be located no more than 5 feet from the hydrant at the entrance to the parking lot. WHEREAS,to the extent that the comments in the Fire Council Letter have not yet been reflected on the Applicant's submitted plans, they can be(and are)included as conditions of this approval; WHEREAS,Robert Wasp,P.E.,the Town Engineer,reviewed plans, drawings and reports submitted by the Applicant and issued memoranda to the Planning Board dated September 11 and October 10, 2017 (collectively, the "Town Engineer Memos"), stating, inter alia: (i) that the Planning Board consider incorporation of a requirement that all necessary remedial work related to potential site contamination shall be completed upon discovery of such conditions during site excavation; (ii) that capping and covering of existing site soils remain in-place; and(iii)that,in consultation with the Town Attorney, there be preparation and, if the Town Attorney so requires, recording of a stormwater management easement and maintenance agreement for permanent stormwater infrastructure in accordance with the requirements of Town Code Section 95-15; WHEREAS, the Town Engineer stated that, to the extent that the comments in the Town Engineer Memos have not yet been satisfactorily addressed, they can be(and are)included as conditions of this approval; WHEREAS, a duly noticed public hearing for the Application was opened on October 11, 2017; WHEREAS, the Planning Board has considered the Application; comments and responses to Board members' questions by the Applicant and its representatives, the memos, letters, reports and comments of the Town Engineer, Town Consulting Engineer, Traffic Committee,Fire Council,BAR and CZMC, and has heard interested members of the public; WHEREAS, the Applicant provided all information required by Chapter 177 of the Town Code; 10 WHEREAS, the Board determined that the Application conforms to the standards established by Section 177-5 of the Town Code; WHEREAS, Section 177-15 of the Town Code provides as follows: Every application for site plan approval shall be accompanied by the fee set forth in §A250-1. Should an agency of the Town having jurisdiction over an application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the town for such services. WHEREAS, at the request of the Applicant,the Board agreed to meet on November 2, 2017 instead of the Board's regularly scheduled meeting date of November 9, 2017; WHEREAS, the Applicant was given an advanced copy of the most recent draft of this resolution and an opportunity to review the conditions hereby imposed; WHEREAS, this Application involves an unlisted action undergoing uncoordinated review pursuant to the New York State Environmental Quality Review Act (6 NYCRR § 617 et, seq.) ("SEQRA") and Town of Mamaroneck Environmental Quality Review (Town Code Chapter 92); ("MEQR"); and WHEREAS, the Planning Board, having reviewed the Environmental Assessment Form submitted by the Applicant in support of this Application and having taken a hard look at the impacts of the project and site plan approval sought by the Applicant, determined that there is no significant adverse environmental impact and that an Environmental Impact Statement is not required pursuant to SEQRA and MEQR NOW, THEREFORE, BE IT RESOLVED that the Planning Board hereby APPROVES the authorization of a determination of non-significance(the"Negative Declaration") dated November 2, 2017, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED that the Planning Board APPROVES the Application as reflected in the following documentation submitted in connection with the Application: The following were prepared by JMC Planning Engineering Landscape Architecture and Land Surveying, PLLC (hereinafter referred to as "JMC"), last revised on October 20, 2017: • SP-1 Cover Sheet • SP-2 Existing Conditions Map • SP-3 Site Demolition Plan • SP-4 Site Layout Plan • SP-5 Site Grading Plan • SP-6 Site Utilities Plan • SP-7 Site Landscaping Plan • SP-8 Erosion and Sediment Control Plan 11 • SP-9 Construction Details • SP-10 Construction Details • SP-11 Construction Details • SP-12 Construction Details • SP-13 Construction Details • SP-14 Construction Details • TA-1 Turning Analysis Plan • TA-2 Turning Analysis Plan • Stormwater Management Report The following plans and drawings were prepared by SGW Architects,P.C. (hereinafter"SGW") and last revised on September 27, 2017: • GO-0 Title Sheet, Project Description Location Map, Drawing Index, Abbreviations and Symbols Legend • A0-0 Survey • A0-1 Context Map • A0-2 Building Perspective • A0-3 Site Plan • A0-4 Shadow Study Diagram • A0-5 Street Scape Diagram • Al-1 First—Fourth Floor Plans • A1-2 Roof Plan • A2-1 Exterior Elevations • A3-1Building Section • Ph-1 Photometric Plan BE IT FURTHER RESOLVED that the Board APPROVES a flood damage prevention variance from Town Code Chapter 110,in accordance with the requirements therein, to allow the lowest floor to be located at grade, except for the loading dock as shown and described in the notes on JMC Site Utilities Plan (SP-6), as hereinabove referenced. BE IT FURTHER RESOLVED that the Board APPROVES the Application subject to the following terms and conditions: General Conditions: 1. Subject to the below Special Conditions, all site work shall be in accordance with the latest revised plans, as herein referenced. 2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. In the event that such permit(s) require any modification to the site plan approved by this resolution, a determination shall be made by the Town Building 12 Inspector and Town Engineer as to whether the modification is substantial and should be returned to the Planning Board. 3. Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector prior to any site disturbance. 4. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer and the Town Building Inspector for approval prior to commencing site work. 5. Prior to the issuance of any Town permits, Applicant shall furnish to the Town an erosion and sediment control bond in an amount to be determined by the Town Engineer, to be held until one year after the date of the issuance of a letter of completion by the Town Building Inspector. 6. The Applicant shall deliver to the Town Building Inspector an "as built" survey including, but not limited to, all constructed site utilities and stormwater management structures prior to issuance of a certificate of completion. 7. In accordance with Section 177-6 of the Town Code, no certificate of occupancy shall be issued until all of the required conditions of the site plan approval have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with the approved site plan and conditions included herein. 8. Except for modifications described in Paragraph 2 above, any amendment of a site plan shall be subject to the approval procedure as set forth in Chapter 177 of the Town Code. 9. The term "Applicant" as used herein with the intent to impose a future obligation or condition, shall include the Applicant, as defined above, and any successors or assigns in/of ownership interests in the Property or any portion thereof Special Conditions: 10. Hours of operation shall not exceed 7:00 a.m. to 9:00 p.m. Monday through Friday and 9:00 a.m. to 7:00 p.m. on weekends (hereinafter referred to as the "Hours of Operation"). 11. All plantings shall be installed in conformance with the Site Landscaping Plan shown on JMC Plan SP-7 (last revised on October 20, 2017) (hereinafter referred to as the "Site Landscaping Plan") and maintained to ensure their survival, including proper irrigation, and shall promptly be replaced with equivalent plantings if they do not survive. a. The Site Landscaping Plan (SP-7) shall include no reference to Parcel A. b. The Applicant shall submit a separate landscape plan for Parcel A (the "Parcel A Landscape Plan") to the satisfaction of the Town Building Inspector, the Town Engineer and the Town Environmental Planner, which plans shall specify how parking on Parcel A shall be prevented with such plantings and devices to be 13 maintained (or replaced, as appropriate) for as long as the Applicant (as defined herein) or any person or any entity in any manner affiliated with the Applicant owns any interest in the Property. c. As a condition precedent to awarding any certificate of occupancy, Applicant shall demonstrate that plantings have been installed in conformance with the Site Landscaping Plan and the Parcel A Landscape Plan. d. All work in the right of way with respect to the location and dimensions of the sidewalk and a grass strip between the sidewalk and the curb shall be coordinated with the Town Engineer, the Town Highway Department and the Town Environmental Planner. 12. Prior to the issuance of a building permit, the Applicant shall complete camera inspections of the existing stormwater and sanitary sewers (including the Pine Brook culvert) crossing the Property and provide documentation of inspection findings for review and acceptance by the Town Engineer. 13. Prior to issuance of a Certificate of Occupancy, the Applicant, at its expense, shall be required to repair stormwater and sanitary sewer (including the Pine Brook culvert) deficiencies that the Town Engineer has determined were caused by the construction of the proposed development or that were or may be reasonably required to allow for planned connection of site stormwater facilities as approved. a. Applicant shall not be required to repair any pre-existing damage to the Town culvert shown on the documentation of inspection findings referenced in Paragraph 12 hereof. 14. Prior to the issuance of any certificate of occupancy, Applicant shall complete a post construction camera inspection of stormwater and sanitary sewers (including the Pine Brook culvert)which shall be submitted to the Town Engineer along with a signed and sealed letter prepared by the Applicant's licensed, professional engineer certifying that construction activities did not damage the site stormwater and sanitary sewer (including the Pine Brook culvert) infrastructure, which certification shall be reviewed by the Town Engineer for accuracy based on results of the pre and post construction camera inspections. 15. Prior to the issuance of a building permit, the Applicant shall address the following outstanding comments to the satisfaction of the Town Engineer: a) ATC Group Services, LLC shall provide documentation confirming to the reasonable satisfaction of the Town Engineer that the design provisions for the capping and covering of existing site soils to remain in place following the completion of construction conform to the recommendations set forth in the project Phase II Environmental Site Assessment report prepared by ATC Group Services, LLC, dated December 29, 2016. b) Prepare an excavation, monitoring and handling protocol for the identification, isolation and disposal of unacceptable site soils in accordance with the 14 recommendations of the NYSDEC "DER-l0 Technical Guidance for Site Investigation and Remediation" and all applicable federal, state and local requirements for handling and disposal. c) Prepare and obtain approval by the Town Engineer and Town Attorney, a stormwater management easement and maintenance agreement for permanent on-site stormwater infrastructure, excluding the Pine Brook culvert, (the "On-Site Stormwater Infrastructure") in accordance with the requirements of§95-15 of the Town Code. Such agreement shall require, inter alia, as follows: i. The Applicant shall be obligated to maintain and/or repair in good working order the On-Site Stormwater Infrastructure. ii. The Applicant shall submit to the satisfaction of the Town Building Inspector and the Town Engineer, an annual report prepared by a licensed professional engineer certifying, after on-site personal inspection, that the On-Site Stormwater Infrastructure has been constructed and maintained in accordance with the plans referenced herein and functions as designed. iii. If it is determined that the On-site Stormwater Infrastructure is not functioning as designed, Applicant shall, at its sole cost, make any and all appropriate maintenance, repairs, modifications or adjustments, to the reasonable satisfaction of the Town Building Inspector and Town Engineer. iv. In the event that the Town Engineer determines that the Applicant is not properly maintaining the On-Site Stormwater Infrastructure, the Town shall have the right to inspect, maintain and/or repair the On-Site Stormwater Infrastructure and shall be entitled to reimbursement for all costs related thereto. d) Revise SGW Photometric Plan (Ph-1) to the satisfaction of the Town Engineer and Town Building Inspector. i. The Photometric Plan should be revised to note the fixture type on the plan and also that the light levels at the property line be under 0.5 ft-candles, to the satisfaction of the Town Building Inspector and Town Engineer. ii. To satisfy the Town Code requirement of 1/10 watt per square foot of parking area, a calculation should be included on the plan showing this equivalence. iii. Site lighting and interior lighting shall be reduced to minimum lights for security except during Hours of Operation plus one hour before and one hour after Hours of Operation. iv. Signage on the Property shall be illuminated only during Hours of Operation plus one hour before and one hour after Hours of Operation. e) Prepare an estimate based upon the anticipated construction costs associated with work within the right-of-way and planned connections to Town sanitary and storm sewers for review and acceptance by the Town Engineer. i. The Applicant shall be required to provide a performance surety bond in the amount of the accepted construction estimate, in the form and manner determined acceptable by the Town Attorney. 15 16. In accordance with the Fire Council Letter, JMC Plan SP-4 (Site Layout Plan) shall be revised to show: a) The 150' Fire Apparatus Access Road on the east side of the building shall be designated a fire lane as provided in the Town Code and shall be signed and striped in a manner acceptable to the Town Engineer. b) The Siamese connection for the sprinkler standpipe system be located no more than five (5) feet from the hydrant at the entrance to the parking lot. 17. Applicant shall obtain BAR approval of the design and lettering of all signage on the Property prior to the installation of such signage. 18. Prior to the issuance of a building permit, the Applicant shall submit the following revised plans to satisfy the conditions hereby imposed, as determined by the Town Building Inspector: • JMC Site Landscaping Plan (SP-7)to remove the depictions of storage containers • JMC Site Layout Plan (SP-4) to (i) to comply with herein stated conditions of the Fire Council Letter and (ii) include an endorsement block for the Planning Board Secretary in accordance with §177-14 including the following statement "Approved by Resolution of the Planning Board dated November 2, 2017." • SGW Photometric Plan(PH-1)in accordance with Paragraph 15(d)of this Resolution • Parcel A Landscaping Plan 19. In accordance with Section 177-15 of the Town Code, the Applicant shall be required to pay to the Town actual costs for technical review, consulting fees and on-site inspections related to this Application, and, in addition, the required six percent (6%) Engineering Fee as required by § A250-1 of the Town Code. ADJOURNED Motion: To adjourn the meeting at 9:03 P.M. Action: Approved Moved by Elizabeth Cooney, seconded by Ron Mandel 16