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HomeMy WebLinkAbout2019_10_16 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 OCTOBER 16,2019 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Ira Block, Edmund Papazian, John Cuddy,Alternate Also Present: Robert Wasp Town Engineer,Lisa Hochman,Counsel to Planning Board, Elizabeth Aitchison, Town Environmental Planner, Anthony Oliveri, Consulting Engineer. Absent: Ron Mandel CALL TO ORDER The meeting was called to order at 7:31 P.M. MINUTES Motion: To approve the minutes of September11, 2019, as modified Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney Vote: Ralph Engel, Elizabeth Cooney, Ira Block, Edmund Papazian, Abstain: John Cuddy 1. 43 Marbourne Drive- Elite Realty Team- Subdivision/Residential Site Plan Peter Catizone,the applicant's engineer, addressed the Board. Mr. Catizone stated that the County is reviewing the proposal.Ms.Hochman stated that the Board could not proceed to open the public hearing on the final plat because the Town subdivision regulations require certification from the Westchester County Department of Health and Westchester Joint Water Works. Ms. Aitchison briefed the Board on a draft determination of environmental significance pursuant to the New York State Environmental Quality Review Act (SEQRA). Motion: To approve the draft Negative Declaration Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Mr. Block stated a recorded stamped deed is required. Mr. Charitou said he would supply one. 2. 2155 Palmer Avenue ACURA of Westchester Consideration Donald Mazin, the applicant's attorney, and Jonathan Villani, the applicant's representative, addressed the Board. Mr. Mazin stated that one of the owners passed away. Mr. Villani stated that 1 it has taken months for the property survey, and he is in the process of transferring information to the required site plan. He further stated that he has met with the building inspector and planning consultant from Larchmont village as to whether or not they will be required to go before the village planning board. Mr. Villani stated that they are waiting for confirmation in writing. Mr. Block asked if the gas station property is large enough for the unloading of vehicles, Mr. Villani responded yes. Mr. Engel stated that a parking study had been requested as well as the number of employees on- site at a given time. A site plan that shows the ability to use the site for loading and unloading of vehicles, and showing on-site parking for all employees, as well as customers, is also required. Mr. Engel stated that all submissions must be received by the Building Department 14 days prior to the November 13th meeting. Mr. Wasp stated that landscaping should be on the site plan. 3.2444 Boston Post Road Staples Public Hearing Special Use Permit Darren Lentini,the owner of the property and President of Colfax Industries,addressed the Board. Mr. Engel stated that because of the delay in renewing the special use permit, this is being treated as a new special use permit instead of a renewal. Motion: To open the public hearing Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney There were no public comments. Motion: To close the public hearing Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney Motion: To approve the Special Use Permit as modified Action: Unanimously Approved Moved by Elizabeth Cooney, seconded by Ira Block RESOLUTION SPECIAL USE PERMIT Staples,Inc.,2444 Boston Post Road Town of Mamaroneck,New York On motion Elizabeth Cooney, seconded by Ira Block, the application of Staples, Inc. (the "Applicant") for a special use permit was APPROVED by the Planning Board of the Town of 2 Mamaroneck(the "Board") upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions. WHEREAS,the Applicant is the lessee of retail space located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 137 (the "Property"); and WHEREAS, Darren Lentini has represented that he is the President of Colfax Industries, Inc., the owner of the Property, and that Colfax Industries, Inc. consents to this application; and WHEREAS,the Property is located within the SB-R District which allows retail stores as a special use pursuant to Section 240-31.B(1) of the Zoning Code of the Town of Mamaroneck (the"Town Code"); and WHEREAS, the Applicant submitted an application for a Special Use Permit for use of the Property as a store for the sale of goods at retail; and WHEREAS,the original Special Use Permit was last renewed on October 14, 1998 and expired on October 14, 2000; and WHEREAS, The Secretary of the Planning Board stated that all required referrals were made pursuant to Section 240-61.E of the Town Code, and no comments were received. WHEREAS,a duly noticed public hearing was held on October 16, 2019; and WHEREAS, other than determining that it is unnecessary to designate three parking spaces as "Loading Zone Only,"the Planning Board has determined that no changes are necessary to the latest approved site plan on file; and WHEREAS,the Planning Board of the Town of Mamaroneck(the "Board") has considered the application for a Special Use Permit and has reviewed the plans and zoning report and environmental analysis submitted by the Applicant,the reports and comments of the consulting engineer to the Town of Mamaroneck, the consent to the application for the permit by the owner of the Property and any comments made by interested members of the public; and WHEREAS,the Board has determined that the proposed action is a Type II action and that, therefore, no further action is required under the New York State Environmental Quality Review Act. NOW,THEREFORE,BE IT RESOLVED,that,in accordance with Section 240-62 of the Town Code,this Board makes the following findings of fact, as limited by the conditions hereinafter set forth: A. 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; 3 B. The operations in connection with the Special Use Permit 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; C. The proposed Special Use Permit 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. D. There are no existing violations on the Property. BE IT FURTHER RESOLVED, that this application is hereby APPROVED, subject to the following terms and conditions: 1. The hours of operation shall not exceed 9:00 a.m. to 9:00 p.m. Monday through Sunday. 2. This permit will expire on October 16, 2021. 3. This permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Town Code. 4. The Property shall conform to the site plan on file with the Town Building Department, except as to the"Loading Zone Only"parking spaces. 5. In accordance with Section 240-61.F 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, within 30 days of the date hereof. This decision is hereby certified and shall be shall be filed with the Town Clerk 4. 2444 Boston Post Road Pet Pantry Public Hearing Special Use Permit Renewal Darren Lentini,the owner of the property and President of Colfax, addressed the Board. Mr. Engel asked if there is anything different from 2017, Mr. Linette responded no. Motion: To open the public hearing Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney There were no public comments. Motion: To close the public hearing Action: Unanimously approved Moved by Ira Block, seconded by John Cuddy 4 Motion: To approve the Special Use Permit Renewal Action: Unanimously approved Moved by Ira Block, seconded by Edmund Papazian RESOLUTION SPECIAL USE PERMIT RENEWAL Pet Pantry of Larchmont,LLC 2444 Boston Post Road,Town of Mamaroneck,New York On motion Ira Block, seconded by John Cuddy the application of Pet Pantry of Larchmont, LLC (the "Applicant") for approval of a renewal of a special use permit 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 is the lessee of retail space located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 137 (the "Property"); and WHEREAS, Darren Lentini has represented that he is the President of Colfax Industries, Inc., the owner of the Property, and that Colfax Industries, Inc. consents to this application; and WHEREAS,the Property is located within the SB-R District which allows retail stores as a special use pursuant to Section 240-31.B(1) of the Zoning Code of the Town of Mamaroneck (the"Town Code"); and WHEREAS,the Applicant submitted an application for a Special Use Permit Renewal for use of the Property as a store for the sale of goods at retail; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made pursuant to Section 240-61.E of the Town Code, and no comments were received. WHEREAS, the original Special Use Permit was last renewed on March 8, 2017 and expired on March 8, 2019; and WHEREAS, a duly noticed public hearing was held on October 16, 2019; and WHEREAS, other than determining that it is unnecessary to designate three parking spaces as "Loading Zone Only,"the Planning Board has determined that no changes are necessary to the site plan on file; and WHEREAS,the Planning Board of the Town of Mamaroneck(the"Board")has considered the application for a Special Use Permit Renewal and has reviewed the plans and zoning report and environmental analysis submitted by the Applicant,the reports and comments of the consulting engineer to the Town of Mamaroneck, the consent to the renewal of the permit by the owner of the Property and any comments made by interested members of the public; and 5 WHEREAS,the Board has determined that the proposed action is a Type II action and that, therefore, no further action is required under the New York State Environmental Quality Review Act. NOW,THEREFORE,BE IT RESOLVED,that, in accordance with Section 240-62 of the Town Code, this Board makes the following findings of fact, as limited by the conditions hereinafter set forth: A. 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; B. 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; C. 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. D. There are no existing violations on the Property. BE IT FURTHER RESOLVED, that this application is hereby APPROVED, subject to the following terms and conditions: 1. The hours of operation shall not exceed 8:00 a.m.to 8:00 p.m. Monday thru Sunday. 2. All deliveries will be made during normal business hours only. 3. Proper care is to be taken with regard to discarded pet food, so that rodents and other loose animals will not be attracted to it. 4. This permit will expire on March 8,2021. 5. This permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Town Code. 6. The Property shall conform to the site plan on file with the Town Building Department,except as to the"Loading Zone Only"parking spaces. 7. In accordance with Section 240-61.F 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, within 30 days of the date hereof. This decision is hereby certified and shall be shall be filed with the Town Clerk 6 5. 668 Forest Avenue - 668 Forest Avenue Realty LLC- Public Hearing - Residential Site Plan Benedict Salanitro, the applicant's engineer, and Frank Marsella, the applicant's architect, were present.Mr. Salanitro stated that the Coastal Zone Management Commission(CZMC)determined that the application was consistent with the Local Waterfront Revitalization Plan(LWRP). Last month there was a question regarding the removal of trees, and an arborist reported that the trees removed were in poor condition, and there is a lot of ledge rock on the site so plantings will have to be placed carefully. Mr. Engel stated that the details of a landscaping plan would have to be done on-site with the approval of the Environmental Planner. Mr. Salanitro stated that they met with the neighbors to discuss the proposed landscaping plan,and they seemed satisfied. Mr. Oliveri stated that all engineering items have been addressed. Public Comments Michael Salemi,of 35 Villa Road,voiced concerns regarding rock chipping and the effect it would have on the retaining wall and his house. Mr. Wasp stated that a condition to approval could require a pre-chipping inspection of adjoining and other nearby properties. Ms. Pasqua, of 1 Boulder, asked who does the inspection and what happens if there is damage, Mr. Salanitro responded that the contractor has insurance. Mr. Salemi asked if the homeowners could get a copy of the inspection report, Mr. Salanitro responded yes. Motion: to close the public hearing Action: Unanimously approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Motion: To approve the draft resolution, as modified Action: Unanimously approved Moved by Edmund Papazian, seconded by John Cuddy RESOLUTION Residential Site Plan Approval 668 Forest Avenue Town of Mamaroneck,New York 7 On motion of Edmund Papazian, seconded by John Cuddy,the site plan application of 668 Forest Avenue Realty 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 668 Forest Avenue,Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Block 11, Lot 9 (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 September 6, 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, the CZMC considered the Application and issued a letter to the Planning Board, dated July 29 2019(the"CZMC Letter"), stating that it found the proposed action to be 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: "668 Forest Avenue", Sheets: ER-1, ER-2, prepared by Benedict A. Salanitro, P.E.,P.C.,dated July 13,2019,revised October 1,2019 • Drawings: "New Residence at 668 Forest Avenue", Sheets:A0.0—L1,prepared by Marsella &Knoetgen Architects,PLLC,dated July 31, 2019,last revised October 1,2019. WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code,the Planning Board held a duly noticed public hearing as to the Application on September 11 th and October 16th,2019; 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 8 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: General 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). 9 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 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. 9. 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. 10. 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. 11. 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. 12. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 13. 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. Specific Conditions 14. 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 video 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. 10 This decision is hereby certified as true and correct and shall be filed with the Town Clerk 5. 30 Greystone Road - Deborah and Larry Fine - Residential Site Plan - Public Hearing - Continued Benedict Salanitro, the applicant's engineer, stated that the applicant has responded to public comments from lasts month's meeting and amended its plan. The landscape plan was discussed: two trees will be relocated, a sugar maple will be added, and they will remove the neighbor's dead tree. The retaining wall was moved, and the location of the porta-potties changed. Mr. Salanitro stated that they would also do a pre-chipping inspection of the neighbor's houses. Mr. Oliveri stated that two erosion items outstanding could be a condition of approval: the HTP and pipe sizing. Ms. Aitchison stated that the issue of trees had been addressed. There were no public questions or comments. Motion: To close the public hearing Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney Motion: To approve the draft resolution, as modified Action: Unanimously approved Moved by Edmund Papazian, seconded by Elizabeth Cooney RESOLUTION Residential Site Plan Approval 30 Greystone Road, Town of Mamaroneck,New York On motion of Edmund Papazian, seconded by Elizabeth Cooney the site plan application of Larry and Deborah Fine (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 30 Greystone Road,Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212, Lot 454(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 11 WHEREAS, the Town Building Inspector, in a memorandum dated September 6, 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, the CZMC considered the Application at its meeting on September 23, 2019 and issued a letter to the Planning Board, dated October 1, 2019 (the "CZMC Letter"), stating that it found the proposed action to be 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: "Goldansky Greystone New Construction", Sheets: T-1 — A-8, prepared by Lewis& Lewis Architects, last revised September 28, 2019. • Drawings: "Goldansky Residence",Sheets: ER-1,ER2,prepared by Benedict A. Salanitro, P.E., P.C., dated July 1, 2019,revised September 29, 2019. WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing as to the Application on October 16, 2019;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: 12 General 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. 8. 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. 9. In accordance with Section 178-17.B, no Certificate of Occupancy shall be issued until all of the required conditions of this approval have been met. 10. 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. 13 11. 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. 12. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 13. 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. Specific Conditions: 14. 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. 15. Prior to the issuance of a building permit, the Applicant shall submit calculations verifying the sizing of the controlled drywell outlet. 16. The proposed drainage piping in the ROW must be a minimum of 12"HDPE pile. This decision is hereby certified as true and correct and shall be filed with the Town Clerk 6.44 Edgewood Avenue Dorothea Tomczyk—Subdivision-Public Hearing Michael Stein, the applicant's engineer, addressed the Board, for a two-lot subdivision in an R-6 zone district. This is a corner property, and the proposed houses will have driveways on Judson. He stated that percolation tests and the stormwater management plan was done. Mark Mustacato,the applicant's architect,addressed the Board and explained the plan,the location of the air conditioning units, and showed a composite of the proposed houses. He further stated that the houses would conform with the heights and style of neighboring houses. 14 Mr. Engel stated that only the subdivision of the existing single lot into two was being considered at this time. Motion: To open the public hearing Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block Public Comments Tom Heslin, of 39 Edgewood Avenue, questioned the location of the driveways and the distance from the corner, as it is a heavily trafficked street, and he feels it is not safe. Michael Fineman,also of Edgewood Avenue, stated that the Town fire trucks use Edgewood often and move fast on the tight corner turn. Ms. Cooney stated that any future application for residential site plan approval should be referred to the Town Traffic Committee and the Town Fire Department. Mr. Oliveri stated that the placement of the driveways is a future site plan issue. There is a sight distance triangle, and the driveways are well beyond that. Catherine Wachs, of 31 Edgewood Avenue, stated that the older trees being removed will cause water problems. Mr. Stein stated that they are infiltrating all water. Mr. Block stated that, if the calculations are correct, water is not expected to get downhill, and he further noted that the Board received three similar letters with some concerns that should be addressed to the Town Board, as they are not part of the Planning Board's purview. Mr. Engel added that only the Town Board (not the Planning Board) is authorized to change what is permissible under the zoning regulations. Ms. Hochman explained the subdivision process stating that the public will have another opportunity to review and comment, as the applicant will be back for final subdivision approval and potentially, for residential site plan approval. Paul Schwenderner, of 27 Edgewood, complained that the house was bought for speculation. Ms. Tomczyk, the applicant, responded that she bought the house to live in, but repairs were too costly. Mr. Block stated that the owner does not have to justify an application for a subdivision that is zoning compliant. Mr. Engel stated that the Building Inspector found the two proposed lots to be zoning compliant. 15 Motion: To close the public hearing on the preliminary subdivision layout Action: Unanimously approved Moved by Elizabeth Cooney, seconded by John Cuddy Motion: To convey the Board's tentative conclusion that the preliminary subdivision layout is satisfactory pursuant to Section 190-7 of the Town Code Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney The applicant was instructed to secure certifications from the Westchester County Health Department and the Joint Water Works. 7. Trader Joes- 1262 Boston Post Road- Site Plan/Special Use Permit- Public Hearing The draft resolution for the special use permit renewal was discussed. There was a discussion with the Brixmor representative regarding the parking of Village Bagel's trucks on site. Public Comments Valentina Pinto, the owner of Espresso Cafeto, stated that she does not want the Village Bagel trucks parked on the side of the building close to her cafe. The Brixmor representative stated that Brixmor will put up signs that say"No Parking of Trucks." Motion: To close the public hearing Action: Unanimously approved Moved by Ira Block, seconded by Elizabeth Cooney Motion: To approve the draft renewal of the special use permit, as modified Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block RESOLUTION Special Use Permit Renewal Trader Joe's East,Inc.—1262 Boston Post Road Town of Mamaroneck,New York On motion of Elizabeth Cooney, seconded by Ira Block,the special use permit renewal application of Trader Joe's East, Inc. (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 abstentions. 16 WHEREAS, on April 8, 1998, the Applicant was awarded a special use permit 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(the"Property")as a Trader Joe's supermarket in the B-R zoning district(the"Special Use Permit"); and WHEREAS, Section 240-30C(3)of the Town Code lists supermarkets as a specially permitted use in the B-R zoning district; and WHEREAS, in connection with the prior renewal of the special use permit, the Planning Board received a letter,dated November 14,2018,from Joseph A. Russo Jr., 1St Deputy Chief of the Town of Mamaroneck Fire Department, which letter stated that the Fire Department would like the Town to examine the traffic flow into and within the parking lot serving the Applicant's premises due to the volume that at times has traffic backed up onto Boston Post Road,because it was deemed to be challenging to gain access to the shopping center during emergencies(the"Fire Department Letter"); and WHEREAS, the Special Use Permit was last renewed on January 9, 2019 with the understanding that a new application would be submitted to address concerns raised in the Fire Department Letter; and WHEREAS, the Department of Building received a new application for the renewal of the Special Use Permit(the"Application"); and WHEREAS,Brixmor Property Group represents that it is the managing agent of the Property(the "Managing Agent") and, on behalf of CW Village Square LLC, the owner of the Village Square Shopping Center, consents to this application; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made pursuant to Section 240-61.E of the Town Code; and WHEREAS, after publication of notice, the Planning Board held a public hearing for the Application on September 11 and October 16,2019; and WHEREAS, the Managing Agent engaged a traffic engineer to examine the parking lot, including access to and egress from it, as well as internal traffic flow, and to deliver its findings and recommendations(the"Applicant's Traffic Report")to the Planning Board; and WHEREAS, The Applicant also provided payment for the Town to engage an independent traffic consultant to review the Applicant's Traffic Report; and WHEREAS,the Town engaged Ferrandino &Associates, Inc. as its independent traffic consultant (the"Independent Traffic Consultant"); and WHEREAS,the Town Traffic Committee considered the Application at its meeting on September 25, 2019, and the Town Administrator, Stephen V. Altieri, on behalf of the Traffic Committee, issued a letter,dated September 30, 2019, stating that the Traffic Committee members are in favor 17 of eliminating the present left turn lane on the exit/entrance ramp and prohibition against left turns from the Property onto Boston Post Road,as recommended by the Independent Traffic Consultant; and WHEREAS,the stated rationale of the Town Traffic Committee is as follows: "by eliminating the left turning lane [at the egress from the parking lot to the Boston Post Road], emergency vehicles would have adequate space to enter the parking lot when responding to emergencies. In addition, it is thought that this would create a safer crossing for pedestrians walking across the entrance of the parking lot and reduce the queuing on the Boston Post Road as the vehicles turning left into the parking lot will not have to compete with vehicles turning left as they exit the parking lot. " and WHEREAS, a separate application has been submitted by the Managing Agent on behalf of the owner of the Property to amend the site plan applicable to the Property to address the concerns raised in the Fire Department Letter; and WHEREAS, the Planning Board has considered the Application, the plans submitted by the Applicant, comments and responses to questions by the Applicant, the Applicant's Traffic Report, the report of the Independent Traffic Consultant,the letter from and comments of the Town Traffic Committee, and comments from Town staff and the Town's Consulting Engineer and heard interested members of the public; and WHEREAS, the Application is Type II pursuant the Section 92-8(16) Town Code and thus no further environmental review is required pursuant to the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act. NOW,THEREFORE,BE IT RESOLVED,that,in accordance with Section 240-62 of the Town Code,this Board makes the following findings of fact, as limited by the conditions hereinafter set forth: A. That the proposed use, as so limited, is in general harmony with the surrounding area and shall not adversely impact upon adjacent properties due to the traffic generated by said use or the access of traffic from said use onto and off of adjoining streets. B. That the operations in connection with the special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of lights or other aspects than would be operations of any permitted use not requiring a special permit. C. That the proposed special permit use, as so limited,will be in harmony with the general health, safety and welfare of the surrounding area and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. 18 D. That there are no existing violations of Chapter 240 of the Town Code on the Property. BE IT FURTHER RESOLVED, that this Board APPROVES the application of the Applicant for Renewal of its Special Use Permit for the continued use of the premises as a supermarket subject to the following terms and conditions: 1. The hours of operation shall not be in excess of 8:00 a.m. to 10:00 p.m. seven(7)days a week. 2. The Applicant shall be responsible for the proper maintenance of the garbage dumpsters used in connection with its business operations and shall comply with any and all directives with respect thereto issued by the Town Building Inspector. 3. No vehicles operated by, for the benefit of or under the control of the Applicant shall enter or leave the premises by way of the Larchmont Acres parking lot or Burton Road. 4. Access to all exits from the store,including,without limitation,the rear emergency exits shall be totally unobstructed,inside and outside the building, at all times. 5. The pathway next to and behind the store, including the stairs leading from it, shall remain free and clear of all objects at all times, even temporarily, shall be totally unobstructed at all times, shall be kept free of snow and ice as if it were a sidewalk, and shall have nothing hanging from its railing. 6. This Special Use Permit Renewal shall expire on July 10,2021. 7. This Special Use Permit Renewal is subject to the requirements set forth in Chapter 240, Article IX and the use restrictions set forth in Section 240-30 of the Town Code. 8. Deliveries by tractor-trailer trucks shall be permissible seven(7)days per week but shall be restricted to the following times: not more than once between the hours of 2:00 P.M. and 4:00 P.M. and not more than twice between the hours of 6:00 P.M. and 9:00 P.M. 9. The Property shall conform to the site plan drawing titled"Development Plan", prepared by JMC Planning Engineering, Landscape Architecture&Land Surveying, PLLC, dated August 7, 2019, and as revised in response to conditions of site plan approval resolution, dated October 16, 2019. This decision is hereby certified as true and correct and shall be filed with the Town Clerk The draft resolution for the site plan was discussed. Motion: To approve the draft site plan resolution, as modified Action: Approved Moved by Elizabeth Cooney, seconded by Ira Block 19 Vote: Yes: Ralph Engel, Elizabeth Cooney, Ira Block, John Cuddy No: Edmund Papazian RESOLUTION Site Plan Amendment Brixmor Property Group on behalf of CW Village Square LLC Village Square Shopping Center Town of Mamaroneck,New York On motion of Elizabeth Cooney, seconded by Ira Block, the site plan application of Brixmor Property Group,the managing agent of Village Square Shopping Center(the"Managing Agent") on behalf of CW Village Square LLC, the owner of the Village Square Shopping Center (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 4 to 1 with no abstentions. WHEREAS, the Applicant submitted an application to amend its site plan(the"Application") relating to the Village Square Shopping Plaza located at 1262 Boston Post Road, Mamaroneck, NY and known on the Tax Assessment map of the Town of Mamaroneck as Block 407, Lot 192 (the "Property"); and WHEREAS the Property is located in the B-R District; and WHEREAS,the Property is used as a retail shopping center; and WHEREAS, the Applicant proposes to add pavement markings and remove one exit lane from the parking lot to improve access traffic flow in response to safety concerns raised by the Town Fire Department in the herein defined Fire Department Letter; and WHEREAS, in connection with the prior renewal of special use permits of two tenants of the Property (Village Bagels and Trader Joe's), the Planning Board received a letter, dated November 14,2018, from Joseph A. Russo Jr., 1st Deputy Chief of the Town of Mamaroneck Fire Department, which letter stated that the Fire Department would like the Town to examine the traffic flow into and within the parking lot serving the Applicant's premises due to the volume that at times has traffic backed up onto Boston Post Road, because it was deemed to be challenging to gain access to the shopping center during emergencies (the"Fire Department Letter"); and WHEREAS,the Applicant retained a traffic consultant,JMC Engineering,to study the issues raised in the Fire Department Letter and propose a solution; and WHEREAS, the Town, at the Applicant's expense, retained an independent traffic consultant, Ferrandino & Associates (the "Independent Traffic Consultant"), to evaluate the Applicant's traffic proposal and make recommendations to the Planning Board; and WHEREAS,the Town Traffic Committee considered the Application at its meeting on September 25, 2019, and the Town Administrator, Stephen V. Altieri, on behalf of the Traffic Committee, 20 issued a letter,dated September 30,2019, stating that the Traffic Committee members are in favor of eliminating the present left turn lane on the exit/entrance ramp and the proposed prohibition against left turns from the Property onto Boston Post Road, as recommended by the Independent Traffic Consultant; and WHEREAS, the stated rationale of the Town Traffic Committee is as follows: "by eliminating the left turning lane [at the egress from the parking lot serving the Property to the Boston Post Road], emergency vehicles would have adequate space to enter the parking lot when responding to emergencies. In addition, it is thought that this would create a safer crossing for pedestrians walking across the entrance of the parking lot and reduce the queuing on the Boston Post Road as the vehicles turning left into the parking lot will not have to compete with vehicles turning left as they exit the parking lot. " and WHEREAS, the Board finds that the proposed modifications to the site plan as presented by the Applicant, as well as the recommendation of the Independent Traffic Consultant and the Town Traffic Committee, will mitigate concerns raised in the Town Fire Department Letter; 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 and reports(hereinafter referred to as (the "Plans") • Drawing: "Development Plan", Sheet C-100,prepared by JMC Planning Engineering, Landscape Architecture& Land Surveying, PLLC, dated August 7, 2019. • Drawing: "Area Map", Sheet A-1,prepared by JMC Planning Engineering, Landscape Architecture& Land Surveying, PLLC, dated August 7, 2019. • Survey: "Survey of Property",prepared by JMC Planning Engineering, Landscape Architecture & Land Surveying, PLLC, dated May 31, 2012. • Memorandum Report: "Response to Traffic and Parking Comment", prepared by JMC Planning Engineering, Landscape Architecture& Land Surveying, PLLC, dated June 26, 2019. WHEREAS, the Applicant provided all information required by Chapter 177 of the Town Code; and WHEREAS, the Board finds that the Application conforms to the standards established by Sec. 177-5 of the Town Code; and WHEREAS, the Secretary of the Planning Board stated that all required referrals were made in accordance with Section 177-11 of the Town Code; and WHEREAS, after publication of notice, the Planning Board held a public hearing for the Application on September 11 and October 16,2019; and 21 WHEREAS, the Planning Board has considered the Application, reports and comments of the Town's Consulting Engineer; the Fire Department Letter, traffic reports prepared by the Applicant's and the Town's traffic consultants and the Town Traffic Committee's comments, as well as comments from interested members of the public plus responses to questions by the Applicant and its representatives; and WHEREAS,the Application is Type II and no further environmental review is required pursuant to the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act. NOW,THEREFORE,BE IT RESOLVED,that the Planning Board APPROVES the Application for an amendment to the site plan for the Property as reflected in the hereinabove referenced Plans. BE IT FURTHER RESOLVED that this Board APPROVES the Application subject to the following terms and conditions: General conditions: 1. All site work shall be in accordance with the latest revised Plans, as hereinabove referenced, as conditioned and/or modified in accordance with the direction of the Board, which modifications were agreed to by the Applicant. 2. In the event that subsequent events may require any modification to the site plan as approved by this resolution, other than as to traffic flow and/or parking, 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. 3. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 4. 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). 5. Prior to the issuance of a letter of completion, the Applicant shall deliver to the Town Building Inspector an"as built" survey of the entire Property. 6. No letter of completion shall be issued until all of the required conditions of this approval have been met. 7. The term"Applicant"is used herein with the intent to impose a future obligation or condition and shall include the Applicant, as defined above, and any successors or assignees in/of an ownership interests in the Property or any portion thereof. 22 8. The Site Plan drawing shall include an endorsement block for the Planning Board Secretary in accordance with §177-14 including the following statement"Approved by Resolution of the Planning Board dated October 16, 2019." 9. The Applicant shall be required to pay to the Town its actual cost of technical reviews, including,without limitation,consulting fees, prior to the issuance of any Town permits. Specific Conditions: 10. a. Within 30 days of the date hereof, the Applicant shall apply for and shall use its best efforts to promptly procure any and all permits required for the proposed work within the New York State Department of Transportation(NYSDOT)right-of-way, including, without limitation, approval for a"No Left Turn" sign to be placed on Boston Post Road opposite the exit from the Property, and, if approved, shall promptly erect and shall maintain said sign. b. Copies of the Applicant's application and all other correspondence with the NYSDOT shall promptly be sent to the Town Engineer by the Applicant. 11. Other than shopping carts in their designated location near the entrance to the Trader Joe's store,there shall be no outdoor, overnight storage next to the building. 12. There shall be no storage behind the building. 13. All work referenced on the Plans, other than that which relates to the sign requiring NYSDOT approval, shall be completed no later than November 15, 2019. 14. a. All specific conditions herein stated shall be reflected on the final site plan,to be approved by the Town Engineer. b. To the satisfaction of the Town Engineer, the final development plan drawing shall be revised to eliminate the expansion of the loading dock, walkway and steps and to include identification of the existing shopping cart storage corral. This decision shall be filed with the Town Clerk. 8. 67 Rockland Avenue - JAF Builders - Residential Site Plan - Public Hearing Eliot Senor, the Applicant's engineer, Fred Grippi, the Applicant's architect, and Anthony Acocella, the Applicant's landscape architect, were present. Mr. Senor stated that the proposed new footprint is 130 square feet larger than the existing house and they are using most of the existing basement. Stormwater controls were discussed. 23 Fred Grippi showed a composite site plan and the relationship to neighboring properties, the elevations, and photos of existing house and renderings of the proposed house. The location of the proposed air conditioning units was discussed. The landscaping plan was discussed. Stormwater control was discussed. The shared driveway curb cut was discussed. Mr. Oliveri asked that it be indicated on the final plan. Mr. Oliveri stated that, if there is rock removal a permit is required. Motion: To open the public hearing Action: Approved Moved by Ira Block, seconded by Elizabeth Cooney Public Comments Ron Meister,of 52 Rockland,stated that the corner is conspicuous,and he feels the proposed house would not be in character with the neighborhood. He further voiced concern about the driveway Stephen Klein, of 2 Crest, stated that the landscaping plan looks nice but he does not want the air conditioner units to be near his bedroom windows. The Applicant's Engineer replied that they are to be the state of the art equipment and that can be a condition of site plan approval. Mr. Senor stated that the units are efficient and quiet. The DBA levels were discussed. Mr. Klein voiced concern about the rock in the rear corner of the property abutting his property, Mr. Senor stated they are not touching it. Motion: To close the public hearing Action: Unanimously approved Moved by Edmund Papazian, seconded by Elizabeth Cooney Motion: To approve the draft resolution, as modified Action: Unanimously approved Moved by Elizabeth Cooney, seconded by Ira Block RESOLUTION Residential Site Plan Approval 67 Rockland Avenue Town of Mamaroneck,New York On motion of Elizabeth Cooney, seconded by Ira Block, the site plan application of JAF Builders Corp. (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. 24 WHEREAS, the Applicant has applied for residential site plan approval to construct a single - family house (the "Application") at property located at 67 Rockland Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Block 23, Lot 452 (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 October 16, 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, the CZMC considered the Application at its meeting on September 23, 2019 and issued a letter to the Planning Board, dated October 1, 2019 (the "CZMC Letter"), stating that it found the proposed action to be 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"): • Landscape Plan, prepared by Landscape Architect Anthony Acocella, dated August 2, 2019. • Drawings:"Proposed Residence for JAF Builders",Sheets:A-1 —A-4,C-1 —C-2,prepared by Richau Mustacto, Grippi Associates, dated August 15, 2019. • Drawings: "Stormwater Pollution Prevention and Erosion Control Plan", Sheets: ER-1, ER-2,prepared by Gabriel E. Senor, P.C., dated August 22, 2019 WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing as to the Application on October 16, 2019; 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 25 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: General 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. 26 8. 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. 9. 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. 10. 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. 11. 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. 12. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 13. 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. Specific Conditions: 14. (a) 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 external HVAC equipment conforms with modern industry standards for sound emission and that best practices for sound mitigation have been implemented. (b) Prior to issuance of a building permit, Applicant shall submit cut sheets for proposed condenser units for review by the Town Engineer in consultation with the Town Building Inspector. (c) If there are two(2) or fewer units,they shall be installed on the side of the house facing Rockland Avenue. If there are more than two (2) units, those in excess of two (2) shall be installed on the side of the house facing Crest Drive. (d) There shall be no more than a total of four(4) condenser units installed on the Property. This decision is hereby certified as true and correct and shall be filed with the Town Clerk ADJOURNMENT The meeting was adjourned at 10:40 P.M. 27 Minutes prepared by Francine M. Brill, Planning Board Secretary 28