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HomeMy WebLinkAbout2010_07_14 Planning Board Minutes Town of Mamaroneck Planning Board Agenda July 14, 2010 Application No. 1 19 Avon Road Applicant requested an adjournment Application No. 2 PETCO Special Use Permit Application No. 3 Bonnie Briar Site Plan amendment Application No. 4 77 Cooper Lane subdivision Application No. 5 Mercedes Benz Special use Permit Renewal Application No. 6 Griffen Avenue Subdivisions Application No. 7 Trader Joes Special use permit renewal Application No. 8 William Maker Town Board Referral MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK JULY 14, 2010 IN CONFERENCE ROOM C, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order at 8:00 p.m. IVa Members Present: Marc Rosenbaum, C. Alan Mason, John Ortiz, Ellen Dunkin, Edmund Papazian, Virginia Picciotto, George Roniger Also Present: Ronald Carpaneto, Director of Building, Lisa Hochman, Counsel, Anthony Oliveri P.E., Consulting Engineer, Elizabeth Paul, Environmental Consultant. Recording Secretary: Francine M. Brill MINUTES Motion: To approve the minutes of June 9, 2010 Action: Approved 1 Moved by C. Alan Mason, Seconded by John Ortiz. ovm Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Application No. 1 Case No. 276 19 Avon Road The applicant requested an adjournment. The Board adjourned the matter to August 11, 2010. Application No. 2 Case No. 285 Trader Joes 1262 Boston Post Road Donald Mazin, the applicant's attorney, addressed the Board and stated that the applicant is not asking for any changes to the previously approved Special Permit. Mr. Carpaneto stated that there are no violations. The Board discussed the letter from the traffic committee regarding the parking lot pedestrian access and concluded that the issue cannot be addressed by one tenant, therefore the Board could not consider the access in connection with the application. IIVm Motion: To open the public hearing Action: Approved Moved by John Ortiz, Seconded by C. Alan Mason. IIVm Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. IIVm Motion: To close the public hearing Action: Approved Moved by John Ortiz, Seconded by C. Alan Mason Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. IIVm Motion: To issue a Special Use Permit Renewal Action: Approved Moved by Ellen Dunkin, Seconded by Virginia Picciotto. IIVm Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. 2 SPECIAL USE PERMIT RENEWAL - TRADER JOE'S EAST, INC. WHEREAS, Trader Joe's East, Inc. submitted an application for a Special Use Permit Renewal for use of the premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 to operate a store for the sale of goods at retail; WHEREAS, a Public Hearing having been held on July 14, 2010 pursuant to notice; WHEREAS, the Planning Board having considered the application for a Special Use Permit Renewal, the plans and zoning report and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, the reports and comments of the Consulting Engineer to the Town and having heard interested members of the public; WHEREAS, the Director of Building has indicated to the Planning Board that there are no outstanding violations; WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6NYCRR§ et seq. and, accordingly, no further action under SEQRA is required. NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets. 2. The operations in connection with the Special Use Permit Renewal will be no more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit Renewal. 3. The proposed Special Use Permit Renewal use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Trader Joe's East, Inc. for a Special Use Permit Renewal for a high quality grocery store subject to the following terms and conditions: 1. The hours of operation will be 8:00 a.m. to 10:00 p.m. daily. 3 2. Permit shall expire after two (2) years. 3. The Applicant shall be responsible for the proper maintenance of any garbage dumpsters used in connection with its business operations and shall comply with any and all reasonable directives with respect thereto by the Director of Building. 4. No trucks operated by, for or under the control of the applicant shall enter or leave the premises at 1262 Boston Post Road by way of Burton. 5. This Special Use Permit Renewal is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. Application No. 4 Case No. 281 PETCO 1275 Boston Post Road Applicant's attorney was not present so the application was postponed. Application No. 7 Case No. 283 Mercedes Benz 2500 Boston Post Road IIVm Motion: To open the public hearing Action: Approved Moved by Virginia Picciotto, Seconded by Ellen Dunkin. IIVm Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Joseph Crocco, the applicant's architect, addressed the Board requesting a Special Use permit renewal. Mr. Crocco stated that there are no changes to the business. Mr. Carpaneto stated that there are no violations. Mr. Rosenbaum read the traffic committee's letter into the record. The Board discussed the concerns stated in the letter regarding parking on public streets by employees. Mr. Crocco was unable to address the matter and it was suggested that the matter be adjourned in order to get more information. There were no questions or comments from the public. The matter was adjourned to August 11, 2010. Application No. 2 PETCO 1275 Boston Post Road IIVm Motion: To open the public hearing Action: Approved Moved by Virginia Picciotto, Seconded by George Roniger. IIVm 4 Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Joseph DiSalvo, the applicant's attorney addressed the Board. The roof top air conditioning condenser unit was discussed. The following was entered into the record: a plan marked exhibit A, a photomontage marked exhibit B and the DBAs of the proposed unit marked exhibit C. A traffic committee letter recommending "NO LEFT TURN" was discussed. The Board agreed that due to the traffic on Boston Post Road, such restriction is reasonable. The Chairman stated that the applicant can have a traffic study done and come back before the Board to request to have the sign removed. The deliveries were discussed and it was agreed that deliveries will be permitted as follows: 8 a.m. to 10 a.m. Monday—Friday and 9a.m. to 10 a.m. on Saturday; as necessary. The applicant stated there would be two or three weekly deliveries. Residents of Rockridge Road commented on the following: noise emanating from the roof top a/c units, the chain link fence enclosure and potential as odors from trash storage. Mr. DiSalvo stated that the issues would be addressed. Mr. Rosenbaum asked staff to check the site plan for planting requirements as well as supporting documentation regarding no left turn. Ms. Hochman was directed to prepare a draft resolution with the following conditions; 1. No Left Turns from parking lot onto Boston Post Road 2. Latches are to be placed on the air conditioning condenser fence enclosure. 3. The new air conditioning unit noise shall be equal to or less then the existing unit. The matter was adjourned to August 12, 2010. Application No. Case No. 284 Griffen Avenue. Seth Mandelbaum, the applicant's attorney, addressed the Board Motion: To open the public hearing Action: Approved Moved by Ellen Dunkin, Seconded by Virginia Picciotto. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). 5 Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. The Board discussed the final plat. There were no questions or comments from the public IVa Motion: To close the public hearing Action: Approved Moved by John Ortiz, Seconded by C. Alan Mason. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Motion: To approve the final subdivision Action: Approved, Moved by John Ortiz, Seconded by George Roniger. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Mr. Rosenbaum signed and dated the Plat which is to be filed with the county. WHEREAS, Winged Foot Holding Company (the "Applicant") filed an application for a subdivision of certain unimproved real property located between the addresses of 183 and 195 Griffen Avenue, Mamaroneck, NY (Block 347, p/o Lot 1 (the "Proposed Action"); and WHEREAS, a public hearing on this application was conducted by the Planning Board on January 14, 2009 at the Town Center on West Boston Post Road, Mamaroneck, New York, after due notice; and WHEREAS, Section 190-7 (Decision on preliminary layout) of the Code of the Town of Mamaroneck(the "Code") provides that the Planning Board will communicate its comments on the preliminary layout in writing to the subdivider; and WHEREAS, Section 190-8(A) of the Code (Submission offinal layout; certificate of approval) provides that before the Planning Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval without qualification of the Westchester County Department of Health, Westchester Joint Water Works No. 1 or any other agency having jurisdiction in the premises (the "Necessary Certifications"); and WHEREAS, at the public hearing held on January 14, 2009, the Town Consulting Engineer, Anthony Oliveri P.E., read into the record a letter to Marc Rosenbaum, Chairman, and Members of the Planning Board, dated January 14, 2009, by 6 which certain comments were communicated to the Applicant (the Town Consulting Engineer's Letter"); and WHEREAS, following the closing of the public hearing on January 14, 2009, the Planning Board unanimously voted to deliver the Town Consulting Engineer's Letter to the Applicant as "comments" pursuant to Section 190-7 of the Code. WHEREAS, the Applicant has obtained the Necessary Certifications; and WHEREAS, the Board finds that the Applicant has satisfactorily addressed the comments raised in the Town Consulting Engineer's Letter; and WHEREAS, on January 14, 2009 the Planning Board of the Town of Mamaroneck approved a resolution authorizing a determination of non-significance (the "Negative Declaration"), a copy of which is on file in the Building Department; and WHEREAS, this Board reviewed the application for Final Subdivision approval and determined that the final plat is in substantial compliance with the preliminary subdivision. NOW, THEREFORE, BE IT RESOLVED by the duly convened Planning Board of the Town of Mamaroneck that Final Subdivision approval is hereby Granted to the Applicant for the property located at 851 Fenimore Road, Mamaroneck, NY (Block 347, Lot 1), subject to the following plans: (i) a Final Subdivision of the Property, dated March 25, 2010, prepared by Thomas C. Merritts, Land Surveyor, P.C., (ii) a Hydrological Analysis and Stormwater Management Plan, dated September 2008, prepared by Kellard Sessions Consulting, P.C., and (iii) a site plan dated September 18, 2008 prepared by Kellard Sessions Consulting, P.C. I. General Requirements 1. The subject parcel is located in a Critical Environmental Area and, as such, must comply with all applicable regulations in Chapter 92, Article II of the Code of the Town of Mamaroneck. 2. All pavement, including portions of driveways within the right-of- way of Griffen Avenue shall be constructed according to Town specifications. 3. All work within the right-of-way including all subsurface infrastructure work shall be improved in accordance with Town standards and specifications and offered for dedication to the Town. II. Special Requirements 7 A. Water Retention and Drainage 1. The applicant must comply with the Town Surface Water, Erosion and Sediment Control Law so that the rate of runoff from the property is not increased after construction. Detailed design shall be consistent with the Grading, Drainage and Utility Plan, dated September 18, 2008. B. Utilities 1. The utility plans shall be coordinated with the landscaping plans to avoid interference with placement and subsequent growth of plantings and the conduct of repair and maintenance activities. C. Erosion and Sedimentation Control During Construction 1. Erosion and sedimentation control shall be in accordance with the Town Surface Water, Erosion and Sediment Control Law, Erosion and sediment control plans shall be approved by the Town Consulting Engineer prior to commencement of construction. A sediment and erosion control plan shall be submitted which shall include a construction timetable and inspection schedule. D. Rock Removal 1. All rock removal required in conjunction with construction of the roadway, utilities, and residences shall be by means approved prior to the commencement of any rock removal by the Director of Buildings. E. Trees. 1. The Applicant, for itself and its successors and assigns, will accept and follow the requirements of the Tree Preservation Code of the Town of Mamaroneck, Mamaroneck Town Code, Chapter 207 (the Tree Preservation Code"). 2. Compliance with the Tree Preservation Code of the Town of Mamaroneck is required before a Building Permit shall be issued. 3. In accordance with the requirements of the Tree Preservation Code, there shall be an adequate number of trees planted to replace the trees that will need to be removed. Replacement trees shall be 8 2 —2.5-inch caliper in accordance with the requirements of the Town of Mamaroneck's Environmental Coordinator. Replacement ratio of 1:1 may be waived in lieu of a fee at the discretion of the Director of Building, depending on the location of the proposed development footprint. F. Required Documents and Inspections 1. The applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Town Consulting Engineer. 2. The applicant shall submit to the Town one Mylar reproducible set showing the "as built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residences to be constructed in this subdivision. G. Performance and Maintenance Bonds 1. The applicant shall post with the Town a performance bond, in form acceptable to the Town Attorney, in an amount equal to 100% of the cost of all required infrastructure, including but not limited to, roads, curbs, utilities, and street lighting. Such performance bond shall be renewed annually until such time as the Director of Building determines that construction pursuant to the approved plans is complete. 2. From the date of the dedication of the road and utilities shown on the approved plans, the applicant shall maintain with the Town a maintenance bond equal to 50% of the cost of construction of all required infrastructure, including but not limited to, roads, curbs, utilities and street lighting for a period of two years. H. Hours of Construction 1. Hours of construction shall be conducted in accordance with Chapter 141 of the Town Code (Noise). Application No. Case No 282 Bonnie Briar Country Club 808 Weaver Street Mr. Ortiz recused himself. Jonathan Kraut the applicant's attorney addressed the Board. 9 IIVm Motion: To open the public hearing Action: Approved, Moved by Virginia Picciotto, Seconded by George Roniger. IIVm Vote: Motion carried by unanimous roll call vote (summary: Yes = 6, Abstain=1). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, Marc Rosenbaum, Virginia Picciotto. Abstain: John Ortiz Mr. Kraut, applicant's attorney, addressed the Board. He requested the Board waive the requirement regarding the size of the map as required in 177-10. ovm Motion: To waive requirement Action: Approved Moved by C. Alan Mason, Seconded by Virginia Picciotto. ovm Vote: Motion passed (summary: Yes = 6, No = 0, Abstain= 1). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, Marc Rosenbaum, Virginia Picciotto. Abstain: John Ortiz. The Town Engineers' letter, prepared by Mr. Oliveri and dated July 14, 2010 was read into the record. The health of the trees was discussed as well as the landscaping of the area planned the proposed use was discussed. Dr. Mason pointed out that recreational uses are encouraged in residential areas. The use of herbicides and pesticides was discussed. Ms. Hochman stated that 177-5 standards must be considered with specific reference to subparagraph E environmental impact and K, impact on adjacent property. Mr. Kaplan, the adjacent neighbor, spoke in opposition of the plan and stated that the proposed tree removal will negatively impact his privacy. He also stated that trees provide, a sound barrier and habitat for wildlife. Mr. Kaplan further stated that he was concerned about drainage. The Chair stated that Mr. Oliveri will review the drainage plan. Mr. Kaplan again invited members of the Board to view the proposed site from his property. Mr. Rosenbaum requested that applicant keep Mr. Kaplan updated on all proposals. Mr. Kraut stated tat the club is receptive to the Kaplans concerns. Ms. Paul asked the applicant to submit a more realistic planting plan 10 Mr. Kraut addressed a deed restriction-a hand written document given to the club by Mr. Kaplan and stated that it contained no restrictions. He described it as a conveyance deed. Mr. Rosenbaum stated that the burden is on the Kaplan's to prove any restrictions. The matter was adjourned to August 11, 2010. Application No. Case No. 273 77 Cooper Lane Continuation of Public Hearing Mr. Marsh addressed the Board. There were no questions or comments from the Board. There were no questions or comment from the Public OvIN Motion: To close the public hearing Action: Approved Moved by Edmund Papazian, Seconded by John Ortiz. OvIN Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. OvIN Motion: Subdivision approval, Action: Approved, Moved by John Ortiz, Seconded by George Roniger. OvIN Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. WHEREAS, Stephen Marsh(the "Applicant") filed an application for a subdivision of a single lot into two separate lots at 77 Cooper Lane (Block 217, Lot 580) (the "Proposed Action"); and WHEREAS, the Proposed Action contemplates the demolition of an existing home at 77 Cooper Lane and the development of two new houses on the subdivided lots; and WHEREAS, a public hearing on the preliminary layout was conducted by the Planning Board on March 10, 2010 and April 14, 2010 at the Town Center on West Boston Post Road, Mamaroneck, New York, after due notice; and WHEREAS, Section 190-7 (Decision on preliminary layout) of the Code of the Town of Mamaroneck(the "Code") provides that the Planning Board will communicate its comments on the preliminary layout in writing to the subdivider; and 11 WHEREAS, at the public hearing held on April 14, 2010, the Town Consulting Engineer, Anthony Oliveri P.E., described, in the presence of Applicant's representatives, a letter to Marc Rosenbaum, Chairman, and Members of the Planning Board, dated April 14, 2010, containing comments and an analysis of the application (the "Town Consulting Engineer's Letter"); and WHEREAS, following the closing of the public hearing on April 14, 2010, the Planning Board unanimously voted to deliver the Town Engineer's Letter to the Applicant as "comments" pursuant to Section 190-7 of the Code. WHEREAS, Section 190-8(A) of the Code (Submission offinal layout; certificate of approval) provides that before the Planning Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval without qualification of the Westchester County Department of Health, Westchester Joint Water Works No. 1 or any other agency having jurisdiction in the premises (the "Necessary Certifications"); and WHEREAS, the Applicant has obtained the Necessary Certifications; and WHEREAS, the Board finds that the Applicant has satisfactorily addressed the comments raised in the Town Consulting Engineer's Letter; and WHEREAS, the Proposed Action is an unlisted action pursuant to SEQRA and MEQR; and WHEREAS, on April 14, 2010 the Planning Board of the Town of Mamaroneck approved a resolution authorizing a determination of non-significance (the "Negative Declaration"), a copy of which is on file in the Building Department; and WHEREAS, a public hearing on the application for Final Subdivision approval was conducted by the Planning Board on June 9, 2010 and July 14, 2010 at the Town Center on West Boston Post Road, Mamaroneck, New York, after due notice; and WHEREAS, this Board reviewed the application for Final Subdivision approval and determined that the plat is in substantial compliance with the preliminary layout: WHEREAS, members of the Planning Board made a site visit to observe existing conditions at the subject property; and WHEREAS, the Coastal Zone Management Commission of the Town of Mamaroneck reviewed the Proposed Action and issued a report to the Planning Board which report did not make a finding of inconsistency with the Local Waterfront Revitalization Plan; and NOW, THEREFORE, BE IT RESOLVED by the duly convened Planning Board of the Town of Mamaroneck that approval is hereby Granted to the Applicant for the 12 subdivision of the property located at 77 Cooper Lane, Block 217, Lot 580, in accordance with the following plans and specifications • Plan entitled "Proposed House Layout and Drainage Plan for Marsh Development at 77 Cooper Lane", Sheet C-1 prepared by Benedict A. Salanitro, P.E. last dated 4/14/10; • Plan entitled "Site Improvement Plan for Marsh Development at 77 Cooper Lane", Sheet C-2 prepared by Benedict A. Salanitro, P.E. last dated 10/20/09; • Plan entitled "Site Improvement Plan for Marsh Development at 77 Cooper Lane", Sheet C-3 prepared by Benedict A. Salanitro, P.E. last dated 2/5/10; • Plan entitled "Erosion Control Construction Staging Maintenance and Protection of Traffic Plan for Marsh Development at 77 Cooper Lane", Sheet C-4 prepared by Benedict A. Salanitro, P.E. last dated 10/20/09; • Plan entitled "Traffic Sight Distance Analysis for Marsh Development at 77 Cooper Lane", Sheet T-1 prepared by Benedict A. Salanitro, P.E. last dated 10/20/09; • Plan entitled "Landscape Plan for Marsh Development at 77 Cooper Lane", Sheet L-1 prepared by Anthony Zaino RLA, no date; • Subdivision Plat entitled "ReSubdivision of Lots 29 thru 38" prepared by Richard A. Spinelli LS, last dated 6/8/10 • Stormwater Analysis & Management Plan prepared by Hudson Engineering and Consulting, PC, dated April 2010. II. General Requirements And Conditions. All pavements, including portions of driveways within the right-of-way of Cooper Lane shall be constructed according to Town specifications. Driveways shall be constructed in the locations shown on the Plan entitled "Traffic Sight Distance Analysis for Marsh Development at 77 Cooper Lane", Sheet T-1 prepared by Benedict A. Salanitro, P.E. last dated 10/20/09, as referenced above and shall be constructed using asphalt and shall have K-turns. All work within the right-of-way including all subsurface infrastructure work shall be improved in accordance with Town standards and specifications and offered for dedication to the Town. II. Special Requirements and Conditions. A. Water Retention and Drainage. 1. The applicant must comply with the Town Surface Water, Erosion 13 and Sediment Control Law so that the rate of runoff from the property is not increased after construction. Detailed design shall be consistent with the Stormwater Analysis & Management Plan prepared by Hudson Engineering and Consulting, PC, dated April 2010, as referenced above. B. Utilities. 1. The utility plans shall be coordinated with the landscaping plans to avoid interference with placement and subsequent growth of plantings and the conduct of repair and maintenance activities. C. Erosion and Sedimentation Control During Construction. 1. Erosion and sedimentation control shall be in accordance with the Town Surface Water, Erosion and Sediment Control Law, Erosion and sediment control plans shall be approved by the Town Consulting Engineer prior to commencement of construction. A sediment and erosion control plan shall be submitted which shall include a construction timetable and inspection schedule. D. Rock Removal. 1. All rock removal required in conjunction with construction of the roadway, utilities, and residences shall be by means approved prior to the commencement of any rock removal by the Director of Buildings. E. Trees. 1. The Applicant, for itself and its successors and assigns, will accept and follow the requirements of the Tree Preservation Code of the Town of Mamaroneck, Mamaroneck Town Code, Chapter 207 (the Tree Preservation Code"). 2. Compliance with the Tree Preservation Code of the Town of Mamaroneck is required before a Building Permit shall be issued. 3. In accordance with the requirements of the Tree Preservation Code, there shall be an adequate number of trees planted to replace the trees that will need to be removed. Replacement trees shall be 2 —2.5-inch caliper in accordance with the requirements of the Town of Mamaroneck's Environmental Coordinator. Replacement ratio of 1:1 may be waived in lieu of a fee at the discretion of the Director of Building, depending on the location of the proposed development footprint. 14 F. Required Documents and Inspections. 1. The applicant shall provide one Mylar reproducible set of approved drawings to the Town and one copy to the office of the Town Consulting Engineer. 2. The applicant shall submit to the Town one Mylar reproducible set showing the "as built" conditions for utility and sewer connections prior to the granting of a Certificate of Occupancy for the residences to be constructed in this subdivision. G. Performance and Maintenance Bonds. 1. The applicant shall post with the Town a performance bond, in form acceptable to the Town Attorney, in an amount equal to 100% of the cost of all required infrastructure, including but not limited to, roads, curbs, utilities, and street lighting. Such performance bond shall be renewed annually until such time as the Director of Building determines that construction pursuant to the approved plans is complete. 2. From the date of the dedication of the road and utilities shown on the approved plans, the applicant shall maintain with the Town a maintenance bond equal to 50% of the cost of construction of all required infrastructure, including but not limited to, roads, curbs, utilities and street lighting for a period of two years. H. Hours of Construction. 1. Construction (other than rock removal, which shall be conducted during hours provided by the Town Code) shall take place during the following hours only: Monday through Friday from 8 a.m. to 6 p.m.; Saturday from 9:00 a.m. to 6:00 p.m. I. Construction Staging. 1. Applicant shall adhere to the plan entitled "Erosion Control Construction Staging Maintenance and Protection of Traffic Plan for Marsh Development at 77 Cooper Lane", Sheet C-4 prepared by Benedict A. Salanitro, P.E. last dated 10/20/09 coordinate with the Town in connection with the Gardens Lake project in accordance with the same. J. Sight Line Preservation. 15 1. The filing of the signed, final subdivision plat with the Office of the County Clerk shall not be made before the recording in the Office of the Clerk of Westchester County of a Declaration of Covenants and Restrictions (the "Declaration"), in form attached hereto as Appendix "1", obligating the owner(s) of the subdivided lots to maintain sight distances by removing and/or pruning vegetation in accordance with the Plan entitled "Traffic Sight Distance Analysis for Marsh Development at 77 Cooper Lane", Sheet T-1 prepared by Benedict A. Salanitro, P.E. last dated 10/20/09, as referenced above. The final subdivision plat shall also include a notation of this obligation. 2. In accordance with the Plan entitled "Traffic Sight Distance Analysis for Marsh Development at 77 Cooper Lane", Sheet T-1 prepared by Benedict A. Salanitro, P.E. last dated 10/20/09, as referenced above, and the Declaration, no plantings or structures will be permitted to obstruct the sight lines of vehicles traveling on Cooper Lane or exiting the driveways as shown on such plan. Francine M. Brill Secretary Town of Mamaroneck Planning Board APPENDIX 1 FORM OF DECLARATION OF RESTRICTIONS AND COVENANTS 77 Cooper Lane DECLARATION, made this day of , 2010, hereinafter referred to as the "Declarant," residing at , Town of Mamaroneck. WHEREAS, the Declarant is the fee owner of certain land known as 77 Cooper Lane, located in the Town of Mamaroneck, and State of New York, more particularly described as Block 217 Lot 580 on the Tax Assessment Map of the Town of Mamaroneck (hereinafter the "Parcel"); and WHEREAS, the Declarant has requested the Town of Mamaroneck Planning Board to act upon an application for a subdivision of a single lot into two separate lots at 77 Cooper Lane (hereinafter the "Subdivision Approval"); NOW, THEREFORE, in consideration of the issuance by the Town of Mamaroneck Planning Board of the Subdivision Approval, the Declarant does hereby declare the following: 16 1. The Locations of the driveways shall be as shown on the plan entitled "Traffic Sight Distance Analysis for Marsh Development at 77 Cooper Lane", Sheet T-1 prepared by Benedict A. Salanitro, P.E. last dated 10/20/09, ("Sheet T-1") attached hereto as Exhibit A, 2. The driveways shall be constructed with K-turns. 3. There shall be restrictions on vegetation as shown on Sheet T-1 in the cross- hatched area, including that all trees in the cross-hatched area shall be pruned such that no branches will remain below six (6) feet from the ground surface and no remaining branches will be permitted to hand such that any will intersect a plane six (6) feet in height and parallel to the surface of the ground. 4. Ground cover in the cross-hatched area on Sheet T-1 shall be no more than six (6) inches in height. 5. Failure to comply with the terms of this declaration may result in the revocation of the Subdivision Approval. 6. This Declaration may not be modified, amended or terminated without prior written consent of the Planning Board of the Town of Mamaroneck. 7. Upon written notice, the Town of Mamaroneck shall have the right but not the obligation to enforce, including by entry upon the Parcel, the provisions contained herein. Prior to any entry by the Town of Mamaroneck on the Parcel, as aforesaid, the Town of Mamaroneck shall provide the owner or owners with ten (10) days written notice, during which time the owner or owners shall have the opportunity to cure any violation of this Declaration. Nothing herein shall be construed to limit in any way the right of the Town of Mamaroneck to enforce the provisions of the Mamaroneck Town Code or any other statute, ordinance or law under which it may have jurisdiction. 8 The covenants set forth herein shall run with the land and be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. 9. This Declaration shall be recorded in the office of the Westchester County Clerk against all affected parcels of land and the cross-reference number and title of the declaration shall be recorded in the permit application and on each temporary and permanent certificate of occupancy hereafter issued to buildings located on the affected parcels and in any deed for the conveyance thereof. IN WITNESS WHEREOF, Declarant has made and executed the foregoing restrictive declaration as of the date hereinabove written. 17 Name: STATE OF NEW YORK, COUNTY OF WESTCHESTER ss: On the day of , 2010, before me, the undersigned, a notary public in and for said state, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public RECORD AND RETURN MAIL TO: EXHIBIT A Sheet T-1: Traffic Sight Distance Analysis for Marsh Development at 77 Cooper Lane, Prepared by Benedict A. Salanitro, P.E. last dated 10/20/09 Mr. Rosenbaum signed the Plat. Application No. 8 Case No. 286 William Maker Town Board referral The Planning Board requested more time to opine on the proposed amended zoning ordinance. Mr. Rosenbaum asked for Mr. Maker to appear before the Board to answer any questions or concerns. ADJOURNMENT lotm Motion: To adjourn the meeting Action: Approved Moved by Edmund Papazian, Seconded by John Ortiz. Vote: Motion carried by unanimous roll call vote (summary: Yes= 7). Yes: C. Alan Mason, Edmund Papazian, Ellen Dunkin, George Roniger, John Ortiz, Marc Rosenbaum, Virginia Picciotto. Minutes Prepared by Francine M. Brill Planning Board Secretary 18