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HomeMy WebLinkAbout2019_11_13 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 13, 2019 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Ira Block, Edmund Papazian, Ron Mandel, John Cuddy, Alternate Also Present: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning Board, Elizabeth Aitchison, Town Environmental Planner, Anthony Oliveri, Consulting Engineer, Sabrina Fiddelman, Town Board Liaison, Stephen Altieri, Town Administrator. Absent: Ron Mandel CALL TO ORDER The meeting was called to order at 7:33P.M. MINUTES Motion: To approve the minutes of October 16, 2019, as modified Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney Motion: To approve the minutes of October 17, 2019 as modified Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Edmund Papazian 1. 43 Marbourne Drive—Elite Realty Team— Subdivision & Residential Site Plan—Public Hearing Ms. Brill stated that the application was duly noticed. Mr. Wasp stated that the Westchester County Health Department and Westchester Joint Water Works sign offs have been received and the assessor is assigning new lots and the Town Building Inspector has found the application to be zoning compliant. Peter Catizone, the developer's representative, stated as follows: that the original house has been demolished and this is a 2-lot subdivision that meets zoning requirements. The existing water service on Lot 1 will be used and a new one will be installed for Lot 2. They plan to utilize the existing sanitary connections for both lots if they are in good condition. The storm water system will consist of a series of cul tecs designed to overflow into the storm system. The existing curb cuts will be used. The stone walls will be repaired or modified. Mr. Engel stated that the Board will handle the approval in two parts —first the subdivision and then the residential site plans. Motion: To open the subdivision public hearing Action: Unanimously Approved 1 Moved by Edmund Papazian, seconded by Ira Block There were no public questions or comments. The Board discussed the application. Mr. Block asked about gas for Lot 2 and Mr. Catizone stated that the application predated the moratorium. Motion: To close the public hearing Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block The draft resolution was discussed, and modified. Motion: To approve the draft subdivision resolution, as modified. Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney RESOLUTION Final Subdivision Plat Approval 43 Marbourne Drive, Town of Mamaroneck, New York On motion of Ira Block, seconded by Elizabeth Cooney, the application of Elite Realty Team LLC (the "Applicant") for approval of a final subdivision was granted by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions. WHEREAS, the subject property is located at Section 3, Block 30, Lot 350.6 with a street address of 43 Marbourne Drive in the Town of Mamaroneck (the "Subject Property"); WHEREAS, the Applicant filed an application for the subdivision of one lot into two lots (the "Proposed Action")pursuant to Chapter 190 of the Town of Mamaroneck Code(the"Subdivision Law"); and WHEREAS, any development of the newly subdivided lot would require compliance with the Town's residential site plan regulations as codified in Chapter 178 of the Town Code; and WHEREAS, the Applicant has provided all information required by the Subdivision Law and the Application was deemed by the Board to be complete; and WHEREAS, a duly noticed public hearing on the preliminary layout was conducted on May 8, 2019 and the Board discussed its tentative conclusions regarding the preliminary layout as set forth a memo to the Planning Board Chair dated April 9, 2019 from Dolph Rotfeld, P.C. (the "Town Consulting Engineer"); and WHEREAS, the public hearing on the preliminary layout was closed on May 8, 2019 and the Board voted to deliver the hereinabove referenced April 9, 2019 memo as its written communication pursuant to Section 190-7 of the Subdivision Law (Decision on Preliminary Layout); and 2 WHEREAS, Section 190-8(A) of the Subdivision Law provides that, before the 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 (together, the "Necessary Certifications"); and WHEREAS, at the Board meeting on November 13, 2019, the Town Engineer confirmed that the Necessary Certifications have been secured and stated that the Applicant's submission satisfied the requirements of Section 190-8 of the Subdivision Law (Submission offinal layout; certificate of approval); and WHEREAS, the Building Inspector, Town Engineer and Town Consulting Engineer reviewed the subdivision plat prepared by Big Apple Land Surveyors dated September 9, 2019; and WHEREAS, according to a memo dated May 7, 2019 the Building Inspector determined that the two lots resulting from the proposed subdivision were zoning compliant; and WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Coastal Zone Management Commission of the Town of Mamaroneck("CZMC") reviewed the Proposed Action and issued a letter to the Planning Board, dated June 26, 2019 stating that the proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, the Proposed Action is an unlisted action pursuant to the New York State Environmental Quality Review Act ("SEQRA") and the Environmental Quality Review regulations found in Chapter 92, Article 1 of the Town ("MEQR"); and WHEREAS,the Board approved a determination of non-significance of the Proposed Action(the "Negative Declaration") on October 16, 2019; and WHEREAS, a duly noticed public hearing on the final plat was conducted on November 13, 2019; and WHEREAS, the Planning Board has considered the Application and the subdivision plat; comments and responses to questions by the Applicant and its representatives; the memos, letters, reports and comments of Town Engineer and Town Environmental Planner and CZMC; and has heard and read testimony and reviewed other submissions from interested members of the public and its consultants and counsel. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the adoption of a"Negative Declaration" dated October 16, 2019, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED, that approval of the Proposed Action is hereby GRANTED with conditions for the subdivision of the Subject Property in accordance with the following: 3 1. Any development on the new subdivided lot shall require compliance with Chapter 178 of the Town Code (Residential Site Plan Law). 2. Except as otherwise provide in a Residential Site Plan Approval relating to one or both of the new lots, any site work shall be in accordance with the subdivision plat hereby approved and shall comply in all respects with applicable town, county, state and federal requirements. 3. In the event that any subsequent permits or approvals require any modification to the subdivision plat approved by this resolution, a determination shall be made by the Town Engineer and Town Building Inspector as to whether the modification is substantial and, therefore, must be returned to the Board for its consideration and approval. 4. Applicant will arrange a pre-construction meeting with the Town Engineer and Town Building Inspector prior to any site disturbance. 5. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successor or assign in/of ownership interest of the Subject Property or any portion thereof. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. The Board discussed the residential site plans and storm water plan. Mr. Wasp stated that individual site plans are required for each lot. Mr. Catizone stated that the sewer system has two laterals that need to be evaluated as to whether they are viable. Mr. Wasp stated that the sewer system plan will be reviewed before the erosion permit is issued. Mr. Engel stated there are letters of zoning compliance for both of the lots. Rock removal was discussed. Mr. Wasp stated that the Town Building Inspector suggested dust control mitigation measures. Mr. Catizone agreed that the conditions are reasonable and customary. Motion: To open the public hearing on the residential site plans for Lots 1 and 2 Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ron Mandel There are no public questions or comments Motion: To close the public hearing Action: Unanimously approved Moved by Ira Block, seconded by Edmund Papazian Motion: To approve the residential site plans for Lots 1 and 2 Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block RESOLUTION Residential Site Plan Approval 43 Marbourne Drive—Lot 1, Town of Mamaroneck, New York 4 On motion of Elizabeth Cooney, seconded by Ira Block, the site plan application of Elite Realty Team 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 5 to 0, with no abstentions. WHEREAS, the Applicant has applied for residential site plan approval to construct a single - family house (the "Application") at property located at 43 Marbourne Drive — Lot 1 (new addresses to be assigned), Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 3, Block 30, Lot 350.61 (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 Town Building Inspector, in a memorandum dated November 12, 2019 stated that the proposed house is zoning compliant; 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, pursuant to the requirements of Chapter 234 of the Town Code,the CZMC reviewed the Proposed Action and issued a letter to the Planning Board, dated June 26, 2019 stating that the proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, the Town Engineer, the Town Building Inspector and Dolph Rotfeld Engineering, division of AI Engineers, Inc., PC (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Drawings: "Town Lot Residential Subdivision", Sheets: SD-101 — SD-401, prepared by Catazone Engineering, P.C., dated October 2, 2019. • Architectural Drawings: "Project: 43 Marbourne Drive", Sheets: A3 — A-4, prepared by Larry J. Nardecchia, Jr., P.E., dated October 1, 2019. WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, on November 13, 2019, the Planning Board held a duly noticed concurrent public hearing as to the Application for both residential site plans for lots 1 and 2 of the subdivided 43 Marbourne Drive; 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 5 the Town's Consulting Engineer; and the written and oral 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, 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, subject to the following terms and conditions: 1. All site work shall be in accordance with the latest revised Plans, 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. The Applicant shall submit plans reflecting all conditions or modifications shown above for the review and approval of the Town Engineer and Town Building Inspector prior to the granting of the building permit. 3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 4. 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. 5. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval prior to commencing site work. The Applicant shall notify the Town Building Inspector and Town Engineer at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impact(s). 6. 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's Consulting Engineer and the Town Environmental Planner or their designated representative(s). 7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan, including the modifications proposed by the Town's Consulting Engineer, is delivered to the Town Building Inspector. 6 8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of the Town Engineer, in consultation with the Town Building Inspector, that proposed exterior HVAC equipment conforms with modern industry standards for sound emission and that best practices for sound mitigation have been implemented. 9. Prior to the issuance of a certificate of occupancy, 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. 10. 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. 11. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successor or assignee in/of an ownership interest of the Property or any portion thereof. 12. All tree removal, protection and required landscape plantings shall be in compliance with the approved Landscape Plan and Chapter 207 of the Town Code(Trees),to the satisfaction of the Town Environmental Planner. 13. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 14. In accordance with Section 178-14 of the Town Code, 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. 15. (a) To the satisfaction of the Town Engineer, and in conformance with the requirements of Section 106.58.1 of the Town Code, the Applicant shall hire and compensate a professional firm (hereinafter referred to as the "Professional Firm") to inspect and record the condition of all structures (including retaining walls) adjacent to or across the street from the Property prior to the commencement of rock chipping, and to monitor and document rock chipping. (b) Within a reasonable time prior to the start of mechanical rock excavation, all residents of adjoining properties and any additional nearby properties recommended by the Professional Firm shall be contacted, in writing, to arrange a pre-condition survey. (c) The Applicant shall be required to pay the reasonable cost of repairs resulting from damage caused by rock removal. (d)Prior to issuance of a certificate of occupancy, the Applicant shall submit to the satisfaction of the Town Engineer all inspection reports related to rock removal. 16. (a) No mechanical rock excavation Permit or blasting permit shall be issued unless the applicant has a dust mitigation plan approved by the Building Department. Such dust mitigation plan shall incorporate the best dust control practices including, but not limited to, a 7 water spray system(air suppression or surface wetting). All dust mitigation plans shall include measures to control water runoff as a result of any water spray program. (b) Trucks and other vehicles used to transport particulate matter shall be covered and any particulate matter kept on site shall be sufficiently wetted or stored to prevent particulate matter from becoming airborne. (c) Portable hand water sprinklers or hose sprinklers are acceptable means of wetting for dust control. The water sprays or jets shall be designed to break the water stream into small droplets or otherwise to provide effective wetting. (d) Suitable drainage means shall be provided for the removal of water and sludge which drains from the operation. (e) Soil or debris piles shall be moistened if dust is being emitted from the piles due to prevailing winds and not from a momentary gust. Adequately secured tarps,plastic or other material may be required by the Building Department to further reduce dust emissions. 17. Prior to the issuance of any permits the Applicant shall submit a site plan for the Property, including landscaping plans subject to the satisfaction of the Town Environmental Planner. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. RESOLUTION Residential Site Plan Approval 43 Marbourne Drive—Lot 2, Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Ira Block, the site plan application of Elite Realty Team 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 5 to 0, with no abstentions. WHEREAS, the Applicant has applied for residential site plan approval to construct a single - family house (the "Application") at property located at 43 Marbourne Drive — Lot 2 (new addresses to be assigned), Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 3, Block 30, 350.62 (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 Town Building Inspector, in a memorandum dated November 12, 2019 stated that the proposed house is zoning compliant; and 8 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, pursuant to the requirements of Chapter 234 of the Town Code,the CZMC reviewed the Proposed Action and issued a letter to the Planning Board, dated June 26, 2019 stating that the proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, the Town Engineer, the Town Building Inspector and Dolph Rotfeld Engineering, division of AI Engineers, Inc., PC (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Drawings: "Town Lot Residential Subdivision", Sheets: SD-101 — SD-401, prepared by Catazone Engineering, P.C., dated October 2, 2019. • Architectural Drawings: "Project: 43 Marbourne Drive", Sheets: A3 — A-4, prepared by Larry J. Nardecchia, Jr., P.E., dated October 1, 2019. WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, on November 13, 2019, the Planning Board held a duly noticed concurrent public hearing as to the Application for both residential site plans for lots 1 and 2 of the subdivided 43 Marbourne Drive; 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 the written and oral 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, 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, subject to the following terms and conditions: 1. All site work shall be in accordance with the latest revised Plans, as hereinabove referenced, as conditioned and/or modified in accordance with the direction of the Board, which modifications were agreed to by the Applicant. 9 2. The Applicant shall submit plans reflecting all conditions or modifications shown above for the review and approval of the Town Engineer and Town Building Inspector prior to the granting of the building permit. 3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 4. 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. 5. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval prior to commencing site work. The Applicant shall notify the Town Building Inspector and Town Engineer at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impact(s). 6. 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's Consulting Engineer and the Town Environmental Planner or their designated representative(s). 7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a signed site plan, including the modifications proposed by the Town's Consulting Engineer, is delivered to the Town Building Inspector. 8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of the Town Engineer, in consultation with the Town Building Inspector, that proposed exterior HVAC equipment conforms with modern industry standards for sound emission and that best practices for sound mitigation have been implemented. 9. Prior to the issuance of a certificate of occupancy, 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. 10. 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. 11. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successor or assignee in/of an ownership interest of the Property or any portion thereof. 12. All tree removal, protection and required landscape plantings shall be in compliance with the approved Landscape Plan and Chapter 207 of the Town Code(Trees),to the satisfaction of the Town Environmental Planner. 10 13. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 14. In accordance with Section 178-14 of the Town Code, 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. 15. (a) To the satisfaction of the Town Engineer, and in conformance with the requirements of Section 106.58.1 of the Town Code, the Applicant shall hire and compensate a professional firm (hereinafter referred to as the "Professional Firm") to inspect and record the condition of all structures (including retaining walls) adjacent to or across the street from the Property prior to the commencement of rock chipping, and to monitor and document rock chipping. (b) Within a reasonable time prior to the start of mechanical rock excavation, all residents of adjoining properties and any additional nearby properties recommended by the Professional Firm shall be contacted, in writing, to arrange a pre-condition survey. (c) The Applicant shall be required to pay the reasonable cost of repairs resulting from damage caused by rock removal. (d)Prior to issuance of a certificate of occupancy, the Applicant shall submit to the satisfaction of the Town Engineer all inspection reports related to rock removal. 16. (a) No mechanical rock excavation Permit or blasting permit shall be issued unless the applicant has a dust mitigation plan approved by the Building Department. Such dust mitigation plan shall incorporate the best dust control practices including, but not limited to, a water spray system(air suppression or surface wetting). All dust mitigation plans shall include measures to control water runoff as a result of any water spray program. (b) Trucks and other vehicles used to transport particulate matter shall be covered and any particulate matter kept on site shall be sufficiently wetted or stored to prevent particulate matter from becoming airborne. (c) Portable hand water sprinklers or hose sprinklers are acceptable means of wetting for dust control. The water sprays or jets shall be designed to break the water stream into small droplets or otherwise to provide effective wetting. (d) Suitable drainage means shall be provided for the removal of water and sludge which drains from the operation. (e) Soil or debris piles shall be moistened if dust is being emitted from the piles due to prevailing winds and not from a momentary gust. Adequately secured tarps,plastic or other material may be required by the Building Department to further reduce dust emissions. 17. Prior to the issuance of any permits the Applicant shall submit a site plan for the Property, including landscaping plans subject to the satisfaction of the Town Environmental Planner. 11 This decision is hereby certified as true and correct and shall be filed with the Town Clerk. 3. 1240 West Boston Post Road - Nautilus Diner - Special Use Permit and Site Plan - Consideration Jeffery Schwartz, the applicant's attorney, addressed the Board. Mr. Engel explained that this is being considered as a new special use permit and not a renewal due to the gap in time since the prior renewal. Mr. Wasp stated that a new survey has been supplied, but a site plan has not been located. Mr. Schwartz stated that the Applicant will supply an updated site plan. Mr. Engel stated that the rear fire exist is regularly blocked on both the inside with spare tables and chairs and on the outside with bicycles; he suggested a condition be included in the any resolution to require that the exit is to remain unobstructed. Motion: To set the public hearing for December 11, 2019 Action: Unanimously approved Moved by Edmund Papazian, seconded by Ira Block 4. 2155 Palmer Avenue -ACURA - Special Use Permit and Site Plan - Consideration Donald Mazin, the applicant's attorney and Jonathan Villani, the applicant's representative, addressed the Board. Mr. Villani stated that since last month they presented to Larchmont Village a site plan addressing loading and unloading on-site or in the Village. Mr. Mazin stated that the owners would prefer to use the Village site or somewhere else off site rather than on-site. Mr. Engel stated that the question is whether they have the ability to load and unload on-site. Mr. Villani stated that if they present a turning radius a number of things would be required such as a change to the curb cut and change to parking on Harrison Drive. Mr. Engel asked for the employee count. Mr. Villani stated that there are 89 in total, 15 off-site and 48 employees on-site at any one time. Mr. Engel stated that it looks like employees are parking on Harrison Drive and noted that if there were adequate parking on-site there should be no employee cars on Harrison and, as such, turning onto the road would not be a problem. Mr. Villani stated that he will investigate who is parking there. Mr. Villani further stated that DiCicco's also has parking overflow. Mr. Papazian asked about the status of the court appearance and Mr. Mazin stated that they pleaded guilty and paid a fine. Mr. Wasp stated that a number of items that are required to be shown on the plan such as truck turning arrows and correction of conflicting notes regarding required aisle width and Town Code approved signage to delineate employee parking and display parking.. Roof parking is not to be visable from Palmer Avenue; screening must be shown on the site plan. Lighting and landscaping plans are required. Mr. Wasp added that if the rear gravel area is to be paved, they 12 would have to return for an amendment to the site plan. Mr. Engel clarified that zoning approval for the signage is required. The matter was adjourned to the December planning Board meeting for further consideration . 5. 851 Fenimore Road -Winged Foot Golf Course U.S. Open 2020 - Site Plan &Wetlands and Watercourses —Public Hearing continued Mr. Engel stated that there are two separate parts of this application and the Wetlands and Watercourses Permit will be first. Mr. Engel further stated that the Building Department received a letter from Michael Nathanson in favor of the application, which was entered into the record. Joe Cermele, the applicant's representative, stated that the plan is essentially the same for the interior of the site, the access road remains unchanged and no improvements to the residential lots have been included in the site plan. He further asked that the public hearing be closed. There were no public questions or comments. Motion: To close the public hearing Action: Unanimously approved The draft Negative Declaration was discussed. The Negative Declaration applies to both the Wetlands and Watercourses Permit and the Site Plan. Motion: To adopt the Negative Declaration Action: Unanimously Approved Moved by Edmund Papazian, seconded by Ron Mandel The Board discussed the draft resolution for the Wetlands and Watercourses Permit. Mr. Engel requested that the Negative Declaration be revised to include the approximate number of support personnel. Motion: To approved the revised Negative Declaration Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney Motion: To adopt the draft resolution for the Wetlands and Watercourses Permit, as revised Action: Unanimously approved Moved by Edmund Papazian, seconded by Ira Block RESOLUTION WETLANDS &WATERCOURSES PERMIT Winged Foot Golf Club 13 On motion of Edmund Papazian, seconded by Ira Block, the application of Winged Foot Golf Club and the United States Golf Association (collectively,the"Applicant")for approval of a a wetlands and watercourses permit was unanimously APPROVED by the Planning Board of the Town of Mamaroneck(the "Board") upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions. WHEREAS, the Property is located at 851 Fenimore Road (known on the Tax Assessment map as Section 3, Block 47, Lot 1../1 & ../2 and within the Recreation District), 2 and 4 Championship Drive (known on the Tax Assessment map as Section 3, Block 45, Lots-1.4 and 1.5 and within the R-20 Residential District) and 203 Griffin Avenue (known on the Tax Assessment map as Section 3, Block 44, Lot 21 and within the R-20 Residential District) all of which are located in the Town of Mamaroneck, New York(collectively, the "Property"); and WHEREAS,the Applicant proposes to(i)temporarily install composite matting in the buffer zone of the following two locations (a) irrigation pond near hole #3E and (b) irrigation pond near hole #4Eand (ii) permanently widen an existing stream crossing over the East Branch of the Sheldrake River near hole #15E (the "Proposed Action"); and WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on September 23, 2019 and issued a letter to the Planning Board, dated October 1, 2019 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS, the following plans were reviewed by the Town Engineer, the Town Environmental Planner, the Town's Consulting Engineer and the Town Building Inspector (hereinafter collectively referred to as the "Plans": - Sheet C-200 U.S. Open Site Plan (last revised October 30, 2019) - Sheet C-202 Enlarged Site Plan—Loc. 5-8 (last revised October 30, 2019) - Sheet C-400 Existing Conditions Photos WHEREAS, after publication of notice, a duly noticed public hearing for the Application was held on September 25, October 17, and November 13, 2019; and WHEREAS, due to its designation as a part of a "Critical Environmental Area" as defined in Chapter 92 of the Town Code, the Board determined that the Proposed Action, which otherwise would have been an unlisted action under 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 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 Environmental Assessment Form; and WHEREAS, in accordance with §114-7(D) of the Town Code, the Board has considered the following: 14 A. all available reports concerning the Proposed Action from other commissions, including the CZMC, and any Town, County, State and/or Federal agencies, as well as members of the public; B. all relevant facts and circumstances pertaining to the Proposed Action, including but not limited to those presented below and makes the following findings: a. any potential environmental impact of the Proposed Action: The Planning Board finds the Proposed Action will not create negative environmental impacts because there will be no realignment of the stream, minimal disturbance of the stream channel while widening the stream crossing and all activities will be performed with appropriate erosion and sediment control practices. The Planning Board further finds that the composite matting will not create negative environmental impacts because there will be negligible soil compaction, dust and damage to turf during installation and removal. b. the alternatives to the Proposed Action: The Planning Board finds that widening the stream crossing is necessary to improve access within the Property, specifically, to allow pedestrians, golf carts, equipment and larger vehicles to cross over the East Branch of the Sheldrake River and the composite matting is preferable to any other type of temporary road vehicle access. The Planning Board further finds that there is no preferable alternative to the Proposed Action. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in §114-1 of the Town Code: The Planning Board finds that there will be no impact to wetland functions or benefits because there will be no realignment of the stream, minimal disturbance of the stream channel and all temporary activities within the wetland buffer will be performed with appropriate erosion and sediment control practices. The Planning Board further finds that the temporary composite matting will not impact wetland functions. C. The availability of preferable alternative locations for the Proposed Action on the subject parcel: The Planning Board finds that there is no preferable alternative location to the Proposed Action because the location of the stream and the historic location of the golf holes are fixed and impacts are minimal. D. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds the Proposed Action requires no further technical improvements because there will be no impact to wetland functions and only minimal and temporary impact to the wetland buffer and all activities will be performed with appropriate erosion and sediment control practices. The use of composite matting as a temporary surface is a technological improvement over alternative surfaces. It creates less soil compaction, eliminates dust, and creates less damage to the turf during installation and removal. E. the possibility of avoiding reduction of the wetland's or watercourse's natural capacity to support desirable biological life, prevent flooding, control sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; 15 The Planning Board finds that the natural capacity of the Sheldrake River will be unaffected by the Proposed Action F. the extent to which the public or private benefit derived from such use may or may not outweigh or justify the possible degradation of the wetland or watercourse, the interference with the exercise of other property rights, and the impairment or endangerment of public health, safety, or welfare: The Planning Board finds that there are both private and public benefits of widening the stream crossing. Greater accessibility and more efficient movement within the Property will improve public safety and access during the US Open and will continue to provide improved access for the maintenance and use of the Golf Course in the future. The applicant has demonstrated that the watercourse will be protected from degradation during construction by use of erosion control measures. The temporary matting will not interfere with the exercise of other property rights, nor will it impair or endanger public health, safety, or welfare. WHEREAS, the Planning Board has considered the Application and Plans; comments and responses to questions by the Applicant and its representatives; the memos, letters, reports and comments of the Town Engineer, Town Building Inspector, Town Environmental Planner, Town's Consulting Engineer and CZMC; and has heard and considered the comments of interested members of the public. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non-significance(the"Negative Declaration")dated November 13, 2019, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED, that the Planning Board hereby finds, pursuant to §114-7(E) of the Town Code, based on the record before it, that the Applicant's proposed regulated activity is consistent with the purposes of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses Protection Law of the Town of Mamaroneck, as set forth in §114-1 and that the action to be taken will minimize all adverse effects on such policy to the maximum extent practicable: • To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the natural benefits of wetlands and watercourses that is consistent with the general welfare and beneficial economic and social development of the town; and • To ensure maximum protection for wetlands and watercourses by discouraging degradation within them and within their buffers that may adversely affect these natural resources; to encourage restoration of already degraded or destroyed wetlands, watercourse and buffers; and to ensure"no net loss"of wetlands and watercourse areas. BE IT FURTHER RESOLVED, that the Planning Board GRANTS the Wetlands and Watercourses Permit as reflected in the hereinabove identified Plans submitted in connection with the Application, subject to the following terms and conditions: 16 1. All site work shall be in accordance with the latest revised Plans, as herein referenced, as modified in accordance with the specific conditions hereinafter set forth. 2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits except as otherwise permitted by the Town Engineer in consultation with the Town Building Inspector. 3. No certificate of completion shall be issued until all of the required conditions of this approval have been met. 4. Prior to the commencement of construction, appropriate measures shall be undertaken to control erosion and minimize water turbidity during construction, including installation and maintenance of tree protection measures approved by the Town Environmental Planner. 5. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector as well as the Town Environmental Planner, prior to any site disturbance. The Applicant shall notify the Town Engineer, the Town's Consulting Engineer as well as the Town Environmental Planner, at least 72 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices, and tree and wetland protection measures. 6. Work conducted under Town permits shall be open to inspection at any time, including weekends and holidays, by the Town Building Inspector, the Town's Consulting Engineer and Town Environmental Planner or their designated representative(s). 7. The Wetlands and Watercourses Permit shall expire one year from the date it is issued. 8. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 9. Violation of any of the conditions imposed herein may result in revocation of the Wetlands and Watercourses Permit and any other permits the Town may deem appropriate. 10. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to the estimated cost of the improvements within the wetland buffer. This can be combined with the Erosion and Sediment Control Permit bond to ensure satisfactory completion of the project and the rehabilitation of the affected or disturbed areas. 11. Any tree removal and planting plan shall be in compliance with Chapter 207 of the Town Code (Trees) and work shall be completed to the satisfaction of the Town Environmental Planner. 12. 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 assigns in/of ownership interests in the Property or any portion thereof. 13. The Applicant shall remove the composite matting and restore the Property in accordance with the plans prepared for the 2020 US OPEN by Kellard Sessions Consulting, as referenced in the Planning Board's November 13, 2019 Site Plan Resolution. This decision is hereby certified and shall be shall be filed with the Town Clerk. Mr. Engel stated that the November 6, 2019 memo for Richard Polcari, Building Inspector states that the proposed site plan is zoning compliant. Public Comments: 17 Andrew Spatz, the attorney for the Denis family, submitted a letter and Mr. Engel stated that the rules of the planning Board require submittals 14 days prior to the applicable Planning Board meeting. He invited Mr. Spatz to read the letters to the Board, but Mr. Spatz did not do so. Karen Khor, of 35 Kilmer Road and a member of the Town Sustainability Collaborative, stated that she would like to see targets for sustainability goals, especially because New York State approved a climate plan that pledged to eliminate greenhouse gases. She further requested something to evaluate how they meet their sustainability goals. She emphasized that the US Open has a global audience and should lead and inspire. Mr. Engel stated that several of the Sustainability Collaborative recommendations were included in Exhibit A to the draft resolution but that the Planning Board has to balance things. Mr. Cermele stated that they are fine with Exhibit A and the applicant will continue to look for ways to increase their sustainability. Tim Lloyd of the US Open added that there are a lot of elements in play and that they have a group that does metrics and would welcome support and cooperation from the Sustainability Collaborative. Mitch Green, of 6 Meadow Place, another member of the Sustainability Collaborative, thanked the Town, the Planning Board, the US Open and Winged Foot for their efforts to promote sustainability. He added that Exhibit A could be strengthened if the USGA would use all paper products from recycled sources, and if cooking oils would be recycled. Tim Lloyd responded that they are exploring those options and have reached out to local providers to discuss feasibility. Mr. Green further stated that there is no commitment to composting and asked if a low fuel source for the many generators could be used. The Board discussed the sustainability initiatives in Exhibit A and Mr. Block suggested that the Applicant should minimize greenhouse gasses as practical. The use of paper straws was discussed and Tim Lloyd stated that there will be no straws, only stirrers. Mr. Cermele stated that there should be a revision made to the draft resolution to reflect that the structural lumber is to be taken apart and moved to the next location. Mr. Wasp stated that a safety plan is required. Public Comments Andrew Spatz, attorney for Mr. and Mrs. Denis, stated that he appreciates that Lots 1 and 2 are not on the proposed approved plan. He is concerned about anything that would block the Denis family from accessing their home or block emergency vehicles in case of an emergency. Darius Chafizadeh, counsel for Winged Foot, stated that they are working to finalize an agreement. Mr. Engel stated that the safety of everyone is of utmost importance to the Board and added that the Board and added that the Board will not be involved in any arrangement between the Denis family and the Applicant. 18 Mr. Engel further stated that Wesleyan Avenue is a public street that leads to a narrower paper street. Mr. Wasp stated that the current site plan has no proposed modifications to Wesleyan and the Town maintains the entire road including the 16-foot-wide area that leads directly to Winged Foot. Motion: To close the public hearing Action: Unanimously approved Moved by Edmund Papazian, seconded by Ron Mandel Motion: To approve the temporary site plan resolution, as modified Action: Unanimously approved Moved by Ira Block, seconded by Ron Mandel RESOLUTION Site Plan Approval United Stated Golf Association &Winged Foot Golf Club 2020 U.S. Open On motion of Ira Block, seconded by Ron Mandel, the site plan application of Winged Foot Golf Club and the United States Golf Association (collectively, the "Applicant") 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 abstention(s). WHEREAS, in accordance with Chapter 177 of the Town of Mamaroneck Code, (the "Town Code") the Applicant submitted an application for site plan approval (the "Application") for the property located at 851 Fenimore Road (known on the Tax Assessment map as Section 3, Block 47, Lot 1../1 & ../2 and within the Recreation District), 2 and 4 Championship Drive (known on the Tax Assessment map as Section 3, Block 45, Lots-1.4 and 1.5 and within the R-20 Residential District) and 203 Griffin Avenue (known on the Tax Assessment map as Section 3, Block 44, Lot 21 and within the R-20 Residential District) all of which are located in the Town of Mamaroneck, New York, (collectively, the "Property"); and WHEREAS, the Property is used as a private golf club and the Applicant proposes to host the US Open in June 2020 (hereinafter referred to as the "Event"); and WHEREAS, after publication of notice, the Planning Board held a public hearing for the Application on September 25, October 17 and November 13, 2019; and WHEREAS, the Planning Board has considered the Application, reports and comments of the Town's consulting engineer; testimony from Town officials and interested members of the public, as well as responses to questions by the Applicant and its representatives; and WHEREAS, the Applicant has considered the comments of Board members, interested members of the public and neighbors of the Property, and has amended its Application to address those concerns; and WHEREAS,the Application provided all information required by Chapter 177 of the Town Code; and 19 WHEREAS, the Board finds that the Application conforms to the standards established by Sec. 177-5 of the Town Code; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in accordance with Section 177-11 of the Town Code; 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 23, 2019 and issued a letter to the Planning Board, dated October 1, 2019, stating that it found the proposed action to be consistent with the policies of the Local Waterfront Revitalization Plan; and WHEREAS,the Town Traffic Committee considered the Application at its meeting on September 25, 2019 and a memo dated September 30, 2019 to the Planning Board from the Town Administrator stated that the Traffic Committee reviewed the proposed plans and found them to be acceptable; and WHEREAS, The Town Engineer stated that,on September 4, 2019,the applicant met with various Town staff and local, state and county police, fire and emergency response personnel, all of whom found the Application to be in general conformance to applicable safety compliance standards; and WHEREAS, the Town Engineer further stated that, at the above referenced safety meeting, it was agreed by all parties that these safety considerations would continue to develop and be amended, as may be appropriate, such that all interested agencies will be satisfied that a reasonable level of safety can be provided and maintained at the Event; and WHEREAS, the Town Engineer, the Town Building Inspector and Anthony Oliveri of Dolph Rotfeld Engineering, P.C. (the"Town's Consulting Engineer") reviewed the following plans and reports (hereinafter referred to as the "2020 U.S. Open Site Plan"): The plans prepared by Kellard Sessions Consulting, dated July 31, 2019 and last revised on October 23, 2019, except as noted below: - Sheet C-100 Existing Conditions Site Plan - Sheet C-200 U.S. Open Site Plan (last revised October 30, 2019) - Sheet C-201 Enlarged Site Plan—Loc. 1-4 (last revised October 30, 2019) - Sheet C-202 Enlarged Site Plan—Loc. 5-8 (last revised October 30, 2019) - Sheet C-300 Temporary Road Profiles (last revised October 30, 2019) - Sheet C-400 Existing Conditions Photos - Sheet C-500 Erosion & Sediment Control Notes & Details • Site Plan and Operational Summary, prepared by United States Golf Association dated July 24, 2019, last revised on September 10, 2019; 20 • Stormwater Pollution Prevention Plan for United States Golf Association, 120th U.S. Open Championship, prepared by Kellard Sessions Consulting dated July 31, 2019, last revised on October 23, 2019; WHEREAS, in to a memo dated November 6, 2019 the Building Inspector determined that the proposed temporary site amendments associated with the Event were zoning compliant; and WHREREAS, the Applicant has consulted with the Town Sustainability Collaborative and responded to their inquiries and requests, results of which are reflected in Exhibit A attached hereto and made a part hereof; and WHEREAS, the Applicant has stated that it will continue to work with the Town Sustainability Collaborative to increase and strengthen sustainability initiatives; and WHEREAS, due to its location adjacent to the Leatherstocking Trail, a "Critical Environmental Area" as defined in Chapter 92 of the Town Code,the Board determined that the Proposed Action, which otherwise would have been an unlisted action under 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 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 Environmental Assessment Form. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non-significance(the"Negative Declaration")dated November 13, 2019, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLOVED, that the Planning Board APPROVES the Application as reflected in the hereinabove specified 2020 U.S. Open Site Plan submitted in connection with the Application. BE IT FURTHER RESOLVED, that the Planning Board APPROVES the Application subject to the following terms and conditions: 1. Except as provided in Paragraph 2 below, all site work shall be in accordance with the latest revised 2020 U.S. Open Site Plan, 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. Since details of various facilities (tents, bleachers, toilet facilities, etc.) are still being developed, such facilities will be constructed and maintained as required by the Town Engineer and the Town Building Inspector. The Applicant will return to the Planning Board for consideration of any such facilities the Applicant proposes which are not approved by the Town Engineer and the Town Building Inspector or which the Town Engineer or the Town Building Inspector determines should be considered by the Planning Board. 21 3. The Applicant shall submit plans reflecting all conditions or modifications referenced above in Paragraph 2 for the review and approval of the Town Engineer and Town Building Inspector prior to the granting of the building permit. 4. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits, except as otherwise approved by the Town Engineer in consultation with the Town Building Inspector. 5. In the event that subsequent events may require any modification to the site plan as approved by this resolution, a determination shall be made by the 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. 6. The Applicant will arrange a pre-construction meeting with the Town Engineer and the Town Building Inspector prior to any site disturbance. 7. 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. 8. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 9. No building permit shall be issued until a signed site plan, including any modifications proposed by the Town Engineer and Town Consulting Engineer, is delivered to the Town Building Inspector. 10. 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's Consulting Engineer and Town Environmental Planner or their designated representative(s). 11. No certificate of completion shall be issued until all of the required conditions of this approval have been met. 12 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 assigns in/of ownership interests in the Property or any portion thereof. 13. The Site Plan drawing shall be signed and dated following satisfaction of all imposed conditions in accordance with §177-14 prior to the issuance of Town Permits. 14. 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. 15. The Applicant is required to comply with any and all applicable provisions of the Town Code, with particular reference to Chapter 95 (Erosion and Sediment Control), Chapter 114 22 (Wetlands and Watercourses), Chapter 122 (Helicopters and Other Aircraft), Chapter 141 (Noise), Chapter 161, (Property Maintenance), Chapter 207(Trees) and Chapter 219(Vehicles and Traffic). 16. Erosion and sedimentation control plans shall be approved by the Town Engineer, in consultation with the Town Consulting Engineer, prior to commencement of construction and such plans shall include a construction timetable and an inspection schedule. 17. The Applicant shall comply with the provisions of Exhibit A, attached hereto and made a part hereof, to the satisfaction of the Town Administrator, and the Applicant shall continue to work with the Sustainability Collaborative to seek to increase and strengthen the sustainability initiatives, to the satisfaction of the Town Administrator. 18. Restoration Bond. The Applicant shall furnish to the Town a bond or cash deposit in an amount to be approved by the Town Engineer which may be combined with the erosion and sediment control permit and wetland/watercourse permit bond. 19. At the completion of post-Event work or on September 30, 2020 (whichever shall be earlier) this site plan approval and the 2020 U.S. Open Site Plan shall become null and void, and the site plan for the Property shall revert back to that previously approved for the Golf Club and its use prior to the Event. 20. The Applicant will ensure that all tents and other structures to be used to protect people in the event of a storm will be clearly marked and will be reasonably protected from lightning strikes. This decision is hereby certified and shall be shall be filed with the Town Clerk. Exhibit A Based on its discussions with the Town Sustainability Collaborative, in consultation with and to the satisfaction of the Town Administrator, the following additional conditions are hereby imposed: 1. The USGA will work with their auto provider to seek to maximize the number of hybrid vehicles to be utilized in the courtesy fleet. This will be dependent on Lexus fleet resources and the type of vehicle required for various functions through the championship. 2. Winged Foot and the USGA will seek to maximize the use of electric golf carts in the fleet used in connection with the championship. Winged Foot will also use as many electric mowers as is reasonably possible in connection with the championship. 3. The USGA will research options for solar or battery power light towers. If logistically and financially practical, the USGA will replace generator-powered light towers with solar or battery- powered light towers. 4. LED lights will be used in all hospitality tents on site, to the extent reasonably possible. 23 5. All generators will meet all relevant emissions codes and regulations. To the extent reasonably practicable, the USGA will minimize greenhouse gas emissions. 6. All generators will be chosen and positioned on the property to minimize their potential noise impact on neighbors. Generators will be enclosed in fences with green mesh windscreens and will be positioned in back-of-house areas hidden by tents and trailers to further diminish noise. 7. Subject to the need to provide adequate hydration to championship attendees, the USGA will use its best efforts to minimize the number of single-use plastic bottles on site. 8. The USGA will install no fewer than five "hydration stations" which provide free water to event attendees. These stations will be strategically spaced throughout the golf course so fans have convenient access throughout the day. In addition, the USGA will install a sufficient number of "hydration stations" at all public entrances to the property to permit the easy filling of water containers brought to the event and will install "hydration stations" at all on site locations where beverage containers are sold or provided without cost. 9. The USGA will provide water bottles to all 4,000+ volunteers and all staff members. Reusable souvenir water bottles will be available for purchase in the on site merchandise pavilion. All attendees will be encouraged to bring their own water bottles to the event, which they can then refill at hydration stations as often as they would like throughout the day. The USGA will communicate the water bottle policy to fans before the event to further promote the reduction of water bottles purchased on site. 10. The USGA will work with its ecology vendors and haulers to seek the highest possible diversion rate for recycling. 11. All plates, cups, bowls, containers, stirrers and napkins provided to fans, staff and on site volunteers will be made from recycled or compostable materials. The USGA will investigate the feasibility for local haulers to take compostable materials to a composting plant. 12. No plastic straws will be used or offered for use on site during the Event. 13. The USGA will require its food and beverage providers to use food packaging options which are able to be recycled or composted to the extent reasonably possible. 14. The USGA will require its food and beverage providers to provide beer, soda and other beverages sold or served on site to be in aluminum cans, to the extent reasonably possible. 15. The USGA will require its food and beverage providers to source pre-cut meats to minimize scraps generated on site. All scraps will be disposed of into composting bins, which the haulers will take to a food-waste processing plant. 16. The USGA will provide composting bins at all kitchens for bulk food waste disposal. The hauler will take the bins to a food-waste processing plant. 24 17. The USGA will work with an ecology company to set out trash and recycling bins and/or bags throughout the championship grounds for fans to throw away their waste. The USGA's will require its ecology vendors to identify and address contamination of recycling containers throughout the property, to the extent reasonably possible. 18. The USGA will create, erect and maintain appropriately located signage to educate and guide fans, staff and volunteers as to which items go in which trash or recycling containers. 19. The USGA will work with its food and beverage providers and ecology vendors to maximize composting and recycling efforts throughout the property. 20. The USGA will ensure that materials will be monitored and disposed of properly to ensure no contamination into water courses, sanitary or storm sewers. 21. The USGA and its food and beverage providers will seek to donate unused food,to the extent allowed by the County Department of Health. 22. Fans buying items on site at the merchandise pavilion will be given their purchases either without bags or in clear plastic bags. The USGA merchandising department has purchased an allotment of bags which comply with the new law taking effect in 2020. The merchandise bags will be of a thickness greater than the new minimum and will be made from 100% recycled material. 23. The USGA shall work with its food and beverage providers to streamline menus which allow for more bulk purchases of key ingredients and food items and will help reduce food waste generated on site. Additionally, the food and beverage providers shall use responsible practices for purchasing (such as bulk orders and pre-cut meats) to reduce the amounts of waste generated on site. 24. The USGA will collaborate with the Town Administrator, in consultation with the Town Sustainability Collaborative, to explore opportunities to "up-cycle" difficult-to-recycle containers such as juice pouches and juice boxes. 25. The USGA will arrange for various materials used for the championship, such as mesh windscreen, carpet, lumber and live planted materials, to be donated locally upon termination of the Event rather than sent to a disposal facility. 26. All grandstand, tenting and flooring equipment will be disassembled, stacked and removed from the site. Lumber not being re-used by USGA or its vendors will be offered as a donation to the Town. 27. In its marketing materials, the USGA will encourage the use of Metro North rail as a means of reaching the championship. 28. The USGA will procure most of the landscaping for the Event from local nurseries. The containers used to transport the landscaping to the site will be returned or recycled. After the Event, the plantings and other remaiing landscaping materials will be donated to local parks, schools, etc., as directed by the Town. 25 29. To the extent reasonably feasible, the USGA will retain appropriate companies to recycle cooking oil used during the Event. ADJOURNMENT The meeting was adjourned at 9:14 P.M. Moved by Francine M. Brill, Planning Board Secretary 26