HomeMy WebLinkAbout2020_09_23 Town Board Meeting Packet 0 47
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FOUNDED 1661
TOWN OF MAMARONECK
TOWN BOARD AGENDA
Wednesday, September 23, 2020
TOWN BOARD WORKSESSION: Work Sessions of the Town Board are public meetings. The
public is able to view the work sessions on local municipal access television channels
(Cablevision 76 or Verizon 35) or on https://lmcmedia.org/, however, there is no public
commentary. Opportunity for public comments is provided during the regular Town Board
meetings when citizen comments are requested or when public hearings are held.
5:00PM THE TOWN BOARD WILL DISCUSS:
1. Rock Removal Law/Rock Removal Moratorium
2. Cellular Tower Moratorium
3. Racial Equity Task Force
4. Proposed IMA Village of Mamaroneck - Hommocks Road Sewer
5. Budget Administration Policy
6. Westchester County Mobility Focus Group
7. Affordable Housing/Floor Area Ratio Review
8. New Business
9 Executive Session
SUPERVISOR'S REPORT
PUBLIC HEARING
1. 2020 Revision of the Mechanical Rock Removal Law
CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Fire Department Business
8:00PM CALL TO ORDER - The public may view the regular Town Board meeting on local
municipal access television channels (Cablevision 76 or Verizon 35), on
https://lmcmedia.org/, or via zoom
https://us02web.zoom.us/j/83843453315?pwd=bmJVZHdhRU51 ZIRSYzZ5bjBpNk55UT09
Passcode: 249759 During a public hearing or the citizens' comment section, residents may
"raise their hand" in Zoom to be granted access to speak directly to the Town Board. Those
who are viewing the meeting on local municipal access television or LMC Media's website
may submit their comments or questions to publicgc@townofmamaroneckny.org.
1. Appointment - Coastal Zone Management Commission
Paae 1 of 108
2. Authorization - IMA Village of Mamaroneck - Hommocks Road Sewer
3. Amendment to Town Administrative Manual - Budget Administration Policy
4. Ratification - Stipulation of Agreement - CSEA Collective Bargaining Agreement
5 Authorization - Unmet Need State Funds Contract for III-B Transportation Overserved
Services: PY 2019-2020
6 Authorization - Health Department Permit for The Home Delivered Meals Program
Authorization - Health Department Permit for the Senior Nutrition Plan
7. Consideration of Certiorari
8. Resolution - Amend Vehicle and Traffic § 219-44
9. Set Public Hearing - Re-Designation of Town Parking Lots
REPORT OF MINUTES
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETING - October 7, 2020
Any physically handicapped person needing special assistance in order to attend the meeting
should contact the Town Administrator's office at 381-7810.
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111
° o Town of Mamaroneck
Ino County of Westchester
FOUNDEDD 1 6 E t7' 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•
COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
WMakerJr@TownotMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Stephen V. Alfieri,Town Administrator
Christina Battalia,Town Clerk
From: William Maker,Jr., Attorney for the Town
Subject: Rock Removal
Date: September 18,2020
I attach a redline version and a'clean' revised proposed law.
The revisions made after the September 9, 2020 are twofold. First, the proposed law
intr9duces a third party monitor who will be on-site while rock is being pulverized or carted
away. It is felt that a monitor puts someone in charge of making sure that rock removal is done
in compliance with the law(especially,the hours of work)and gives neighbors a person to whom
questions and concerns can be directed.
The second change is the '45-day respite'. It prohibits the Building Department from
issuing a P&R Permit to any property within 600 feet of a property for whom a P&R Permit was
issued within the preceding 45 days..
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Page 3 of 108
Local Law No, - 2020
This local law shall be known as the "2020 Revision of the Mechanical Rock Removal" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
The Town Board continues to monitor the impact of pulverizing and removing rock by
mechanical means upon the health, safety and welfare of the Town's residents with a goal of
balancing people's right to develop their properties with a neighborhood's right to tranquility, to
the extent possible. Among the concerns that have arisen are the need to mitigate the spread of
dust and other particulates during both from drilling and pulverizing rock and its removal from
the site, and the need to decrease the number of hours per day when such activities may take
place. This revision in the law furthers the goal.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§106-58.1 Duration and hours for pulverizing and removing rock.
As used in this section, the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection therewith blasting shall not be
considered mechanical means.
MONITOR
A person, unaffiliated with either the owner of the subject property or the person
pulverizing rock on and/or removing it from the subject property and acceptable to
the Building Inspector or the Director of Building Code Enforcement and Land Use
Administration, who will be present at a subject property that either has been
approved for the construction of a residence pursuant to chapter 178 of the Code of
the Town of Mamaroneck or from which it is reasonably anticipated that rock in an
amount greater than three hundred (300)cubic yards will be pulverized or removed.
The monitor's responsibility is to assure compliance with the P&R Permit and this
Page 4 of 108
section, The person to whom the P&R Permit is issued shall be responsible for paying
the monitor's fee.
ORIGINAL INFRASTRUCTURE
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water, storm water, sewage and utilities, such as gas, telephone, electricity,
cable television and Internet service,that are built on land subdivided after February
1, 2004, if the subdivision plat creating the lots in that subdivision also created one
or more new private or public streets or created extensions to any existing private or
public street.
PERMITTED HOURS AND DAYS FOR PULVERIZING ROCK
The seven hours between 9:00 a.m. (prevailing time) and 4:00 p.m. (prevailing time)
on days other than Saturdays, Sundays and the public holidays listed in §24 of the
New York General Construction Law, except in those situations where section 106-
58.1 K governs the time allowed for pulverizing rock.
PERMITTED HOURS AND DAYS FOR REMOVING ROCK FROM A SUBJECT
PROPERTY
The eight hours between 9:00 a.m. (prevailing time)and 5:00 p.m. (prevailing time),
on days other than Saturdays, Sundays and the public holidays listed in §24 of the
New York General Construction Law except in those situations where section 106-
58.1 K governs the time allowed for removing rock from a subject property.
P&R PERMIT
A permit issued for pulverizing rock on, and/or removing pulverized rock from, a
subject property.
PULVERIZING ROCK
The drilling andL the reduction in size of rock by mechanical means in any
residence district or in the Recreation District of the Town.
REMOVAL
The carting away of rock that has been pulverized from a subject property.
IRESTRICTED AREA
2
Page 5 of 108
The area encompassed by the six hundred (60Q) linear feet from each of the lot lines and
corners of property for which a P&R Permit is issued.
RESTRICTED PERIOD
The forty-five (45) calendar days from the last day on which pulverizing rock was
permitted on a property lying within the restricted area.
ROCK
Naturally occurring stone. "Rock" does not include impervious concretions created
by humans such as macadam, concrete and bricks.
SUBJECT PROPERTY
A lot for which a P&R Permit is required, or land where the construction of original
infrastructure is to occur if such land lies outside a lot.
B. A P&R Permit is required for pulverizing and/or removing from a subject property any
quantity of rock. No P&R Permit shall be issued until the Building Inspector or the
Director of Building Code Enforcement and Land Use Administration approves the dust
mitigation plan submitted by the applicant. Such plan must incorporate the best dust
control practices, including but not limited to, a water spray system (air suppression or
surface wetting) or other practices that are considered best dust practices at the time the
application for a P&R Permit is made. The dust mitigation plan also must present the
measures the applicant intends to use to control water runoff as a result of water spraying.
In the sole discretion of the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration, air quality sampling may be required during
the course of rock removal.
C. Other than for the construction of original infrastructure, pulverizing rock and removing
it from a subject property shall be allowed only during permitted hours and only on the
first 15 days when such work is permitted, starting on the date specified for the
commencement of such work contained in the notice to neighbors described in§106-58.1
G. Rock shall not be pulverized or removed from the subject property unless the monitor
is present. The P&R Permit shall contain the date after which pulverizing and removing
rock no longer will be allowed to be done. Upon a showing of undue hardship, the
Building Inspector or the Director of Building Code Enforcement and Land Use
Administration may allow rock to be pulverized and removed from a subject property
3
Page 6 of 108
for up to five additional days. If the number of additional days include a day or days on
which such work is prohibited by this section, the extension period will bypass such days
and resume on the first day thereafter when pulverizing and removing rock is permitted
by this section.
D. For the construction of original infrastructure, pulverizing rock and removing it from a
subject property shall be allowed only during permitted hours and only for the first 180
days starting on the date specified for the commencement of such work contained in the
notice to neighbors described in §106-58.1 F. Rock shall not be pulverized or removed
from the subject property unless the monitor is present. The P&R Permit shall contain the
date after which pulverizing and removing rock removal no longer will be allowed to be
done. Under no circumstances may work pursuant to a P&R Permit in connection with
the construction of original infrastructure extend beyond the one hundred-eightieth day
(180th) day specified for the commencement of such work in the notice to neighbors
described in§106-58.1 F.
E. Before work pursuant to a P&R Permit can begin, the applicant shall have a survey done
of the condition of all improvements existing on each lot(including lots lying outside the
unincorporated area of the Town of Mamaroneck) that either shares all or a section of a
lot line with the subject property or touches the subject property at a corner.Such survey
must be done by an entity regularly engaged in conducting tests or furnishing inspection
services that is approved by the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration. If the occupant of a lot to be surveyed refuses
to allow a survey to be done, the applicant shall submit an affidavit stating that he/she
had attempted to gain access but was denied. Submission of such an affidavit will obviate
the requirement for a survey of that lot. Notwithstanding the foregoing, a survey shall
not be required if all of the rock removal will be done using mechanical means that are
designed to be handheld while operating.
F. Notice to neighbors;affidavit of mailing.
(1) No later than 10 days before work pursuant to a P&R Permit commences, the
following notice shall be mailed to the owners of each lot that has a lot line lying within
150 feet of any lot line of the subject property:
(a) For work that is not the construction of original infrastructure:
"Dear Neighbor,
Rock from the property known as[INSERT THE STREET ADDRESS OR THE LOCATION OF
THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] will be pulverized by
4
Page 7 of 108
mechanical means, such as drills, jackhammers and other types of gas, diesel or electric
powered equipment and removed from this property by dump trucks or similar vehicles.
Work is scheduled to begin on [INSERT THESTARTING DATE FOR WORK TO BE DONE
PURSUANT TO A P&R PERMIT]. The last day on which rock can be pulverized by mechanical
means or removed from this site is [INSERT THE LAST DATE ON WHICH WORK DONE
PURSUANT TO THE P&R PERMIT CAN OCCUR]. Upon a showing of undue hardship b the
permit holder, rock may be pulverized or removed from the site, or both, for up to five (5)
additional days. Depending upon the quantity of rock to be pulverized and removed, the
person performing the work may be responsible for having an independent monitor on site to
assure compliance with the law. You may call the Town Building Department at 914-381-7830
to learn whether a monitor is required in this case.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to establish the physical condition of the structures on your property before
work begins so that you may be able to determine whether and to what extent, the work may
damage your property. If you were not contacted about having a survey done, please contact
the Town Building Department at 914-381-7830 immediately.
The law does not allow rock to be drilled or pulverized by mechanical means on Saturdays,
Sundays or public holidays,or before 9:00 a.m.(prevailing time)and after 4:00 p.m. (prevailing
time)on those days when such work is permitted.
The law also does not allow the rock that has been pulverized to be removed from the site on
Saturdays,Sundays or public holidays or before 9:00 a.m. (prevailing time) and after 5:00 p.m.
(prevailing time) on those days when removal of rock is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(b)For the construction of original infrastructure:
"Dear Neighbor,
Rock from the property known as [INSERT THE STREET ADDRESS OR THE LOCATION OF
THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] will be pulverized by mechanical
means,such as drills,jackhammers and other types of gas, diesel or electric powered equipment
and removed from this property by dump trucks or similar vehicles. Work is scheduled to begin
on [INSERT THE STARTING DATE FOR WORK TO BE DONE PURSUANT TO THE P&R
PERMIT]. The last day on which rock can be pulverized by mechanical means or removed from
5
Page 8 of 108
this site is [INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R
PERM1TCAN OCCUR]. Depending upon the quantity of rock to be pulverized and removed,
the person performing the work may be responsible for having an independent monitor on site
to assure compliance with the law. You may call the Town Building Department at 914-381-
7830 to learn whether a monitor is required in this case.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to establish the physical condition of the structures on your property before rock
removal begins so that you may be able to determine whether and to what extent, the work may
damage your property. If you were not contacted about having a survey done, please contact
the Town Building Department at 914-381-7830 immediately.
The law does not allow rock to be drilled or pulverized by mechanical means on Saturdays,
Sundays or public holidays,or before 9:00 a.m.(prevailing time) and after 4:00 p.m. (prevailing
time)on those days when such work is permitted.
The law also does not allow the rock that has been pulverized to be removed from the site on
Saturdays,Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 5:00 p.m.
(prevailing time)on those days when removal of rock is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(2) A certificate of mailing issued by the United States Postal Servicer-affidavit showing
that the mailing was done in time to comply with this section
must be filed with the Building Department before a rock removal permit can be issued
for the subject property. - . - - . . - . : : . . - . - . . . . . . ' .
G. Rock crushing on the subject property is not permitted at any time.
H. There shall be no more than two machines on the subject property having drills or
hammers operating at the same time.
I. Motor vehicles used to transport particulate matter must be covered.
J. While on the subject property,any particulate matter must be sufficiently soaked or stored
to prevent the particulate matter from becoming airborne. The Building Inspector or the
Director of Building Code Enforcement and Land Use Administration may require
6
Page 9 of 108
secured tarps or coverings made of plastic or other material to further reduce dust
emissions.
K. Notwithstanding the prohibition on doing work pursuant to a P&R Permit on Saturdays,
an individual, acting alone, may do so on the subject property where he/she resides on a
Saturday between the hours of 10:00 a.m.(prevailing time)and 3:00 p.m. (prevailing time).
L. No more than one P&R Permit shall be issued for a subject property within any twelve-
month period.
M. During the restricted period, no P&R Permit shall be issued for a property that lies within
the restrictive area.
NI N Any person who violates this section shall be guilty of a violation which shall be
punishable by a fine of not more than $1,000, and also shall be liable for the civil penalty
imposed by § 106-55C of the Code. Each use of mechanical means to pulverize rock or
each time rock is removed from a subject property on a day or at an hour when such
activity is prohibited by this section shall constitute a separate offense.
NO. If there is a violation of this section by someone other than the owner of the subject
property, the owner of the subject property also shall be guilty of a violation which shall
be punishable by a fine of not more than$1,000,and also shall be liable for the civil penalty
imposed by § 106-55C of the Code.
9P. This section shall not apply to public utility companies, the United States of America, the
State of New York, the County of Westchester, the Town of Mamaroneck, the
Mamaroneck Union Free School District, or the Villages of Larchmont, Mamaroneck or
any independent contractors engaged by any of them.
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon its filing with the Secretary of State.
August 28$eptember 18,2020
7
Page 10 of 108
Local Law No. -2020
This local law shall be known as the"2020 Revision of the Mechanical Rock Removal" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purposez
The Town Board continues to monitor the impact of pulverizing and removing rock by
mechanical means upon the health, safety and welfare of the Town's residents with a goal of
balancing people's right to develop their properties with a neighborhood's right to tranquility,to
the extent possible. Among the concerns that have arisen are the need to mitigate the spread of
dust and other particulates during both from drilling and pulverizing rock and its removal from
the site, and the need to decrease the number of hours per day when such activities may take
place. This revision in the law furthers the goal.
motion 2-Amendment of a current section of the Mamaroneck Code:
Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§106-58.1 Duration and hours for pulverizing and removing rock.
As used in this section, the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection with blasting shall not be considered
mechanical means.
MONITOR
A person, unaffiliated with either the owner of the subject property or the person
pulverizing rock on and/or removing it from the subject property and acceptable to
the Building Inspector or the Director of Building Code Enforcement and Land Use
Administration, who will be present at a subject property that either has been
approved for the construction of a residence pursuant to chapter 178 of the Code of
the Town of Mamaroneck or from which it is reasonably anticipated that rock in an
amount greater than three hundred(300)cubic yards will be pulverized or removed.
The monitor's responsibility is to assure compliance with the P&R Permit and this
Page 11 of 108
section. The person to whom the P&R Permit is issued shall be responsible for paying
the monitor's fee.
ORIGINAL INFRASTRUCTURE
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water, storm water, sewage and utilities, such as gas, telephone, electricity,
cable television and Internet service,that are built on land subdivided after February
1, 2004, if the subdivision plat creating the lots in that subdivision also created one
or more new private or public streets or created extensions to any existing private or
public street.
PERMITTED HOURS AND DAYS FOR PULVERIZING ROCK
The seven hours between 9:00 a.m. (prevailing time) and 4:00 p.m. (prevailing time)
on days other than Saturdays, Sundays and the public holidays listed in§24 of the
New York General Construction Law, except in those situations where section 106-
58.1 K governs the time allowed for pulverizing rock.
PERMITTED HOURS AND DAYS FOR REMOVING ROCK FROM A SUBJECT
PROPERTY
The eight hours between 9:00 a.m. (prevailing time) and 5:00 p.m. (prevailing time),
on days other than Saturdays, Sundays and the public holidays listed in §24 of the
New York General Construction Law except in those situations where section 106-
58.1 K governs the time allowed for removing rock from a subject property.
P&R PERMIT
A permit issued for pulverizing rock on, and/or removing pulverized rock from, a
subject property.
PULVERIZING ROCK
The drilling and/or the reduction in size of rock by mechanical means in any
residence district or in the Recreation District of the Town.
REMOVAL
The carting away of rock that has been pulverized from a subject property.
2
Page 12 of 108
RESTRICTED AREA
The area encompassed by the six hundred (600) linear feet from each of the lot
lines and corners of property for which a P&R Permit is issued.
RESTRICTED PERIOD
The forty-five(45)calendar days from the last day on which pulverizing rock was
permitted on a property lying within the restricted area.
ROCK
Naturally occurring stone. "Rock" does not include impervious concretions created
by humans such as macadam, concrete and bricks.
SUBJECT PROPERTY
A lot for which a P&R Permit is required, or land where the construction of original
infrastructure is to occur if such land lies outside a lot.
B. A P&R Permit is required for pulverizing and/or removing from a subject property any
quantity of rock. No P&R Permit shall be issued until the Building Inspector or the
Director of Building Code Enforcement and Land Use Administration approves the dust
mitigation plan submitted by the applicant. Such plan must incorporate the best dust
control practices, including but not limited to, a water spray system (air suppression or
surface wetting) or other practices that are considered best dust practices at the time the
application for a P&R Permit is made. The dust mitigation plan also must present the
measures the applicant intends to use to control water runoff as a result of water spraying.
In the sole discretion of the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration,air quality sampling may be required during
the course of rock removal.
C. Other than for the construction of original infrastructure,pulverizing rock and removing
it from a subject property shall be allowed only during permitted hours and only on the
first 15 days when such work is permitted, starting on the date specified for the
commencement of such work contained in the notice to neighbors described in§106-58.1
G. Rock shall not be pulverized or removed from the subject property unless the monitor
is present. The P&R Permit shall contain the date after which pulverizing and removing
rock no longer will be allowed to be done. Upon a showing of undue hardship, the
Building Inspector or the Director of Building Code Enforcement and Land Use
3
Page 13 of 108
Administration may allow rock to be pulverized and removed from a subject property
for up to five additional days. If the number of additional days include a day or days on
which such work is prohibited by this section, the extension period will bypass such days
and resume on the first day thereafter when pulverizing and removing rock is permitted
by this section.
D. For the construction of original infrastructure, pulverizing rock and removing it from a
subject property shall be allowed only during permitted hours and only for the first 180
days starting on the date specified for the commencement of such work contained in the
notice to neighbors described in §106-58.1 F. Rock shall not be pulverized or removed
from the subject property unless the monitor is present. The P&R Permit shall contain the
date after which pulverizing and removing rock removal no longer will be allowed to be
done. Under no circumstances may work pursuant to a P&R Permit in connection with
the construction of original infrastructure extend beyond the one hundred-eightieth day
(180th) day specified for the commencement of such work in the notice to neighbors
described in§106-58.1 F.
E. Before work pursuant to a P&R Permit can begin, the applicant shall have a survey done
of the condition of all improvements existing on each lot(including lots lying outside the
unincorporated area of the Town of Mamaroneck) that either shares all or a section of a
lot line with the subject property or touches the subject property at a corner.Such survey
must be done by an entity regularly engaged in conducting tests or furnishing inspection
services that is approved by the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration. If the occupant of a lot to be surveyed refuses
to allow a survey to be done, the applicant shall submit an affidavit stating that he/she
had attempted to gain access but was denied. Submission of such an affidavit will obviate
the requirement for a survey of that lot. Notwithstanding the foregoing, a survey shall
not be required if all of the rock removal will be done using mechanical means that are
designed to be handheld while operating.
F. Notice to neighbors; affidavit of mailing.
(1) No later than 10 days before work pursuant to a P&R Permit commences, the
following notice shall be mailed to the owners of each lot that has a lot line lying within
150 feet of any lot line of the subject property:
(a) For work that is not the construction of original infrastructure:
4
Page 14 of 108
"Dear Neighbor,
Rock from the property known as[INSERT THE STREET ADDRESS OR THE LOCATION OF
THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] will be pulverized by
mechanical means, such as drills, jackhammers and other types of gas, diesel or electric
powered equipment and removed from this property by dump trucks or similar vehicles.
Work is scheduled to begin on [INSERT THESTARTING DATE FOR WORK TO BE DONE
PURSUANT TO A P&R PERMIT]. The last day on which rock can be pulverized by mechanical
means or removed from this site is [INSERT THE LAST DATE ON WHICH WORK DONE
PURSUANT TO THE P&R PERMIT CAN OCCUR]. Upon a showing of undue hardship b the
permit holder, rock may be pulverized or removed from the site, or both, for up to five (5)
additional days. Depending upon the quantity of rock to be pulverized and removed, the
person performing the work may be responsible for having an independent monitor on site to
assure compliance with the law. You may call the Town Building Department at 914-381-7830
to learn whether a monitor is required in this case.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to establish the physical condition of the structures on your property before
work begins so that you may be able to determine whether and to what extent, the work may
damage your property. If you were not contacted about having a survey done, please contact
the Town Building Department at 914-381-7830 immediately.
The law does not allow rock to be drilled or pulverized by mechanical means on Saturdays,
Sundays or public holidays,or before 9:00 a.m.(prevailing time)and after 4:00 p.m.(prevailing
time) on those days when such work is permitted.
The law also does not allow the rock that has been pulverized to be removed from the site on
Saturdays,Sundays or public holidays or before 9:00 a.m. (prevailing time)and after 5:00 p.m.
(prevailing time)on those days when removal of rock is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(b) For the construction of original infrastructure:
"Dear Neighbor,
Rock from the property known as [INSERT THE STREET ADDRESS OR THE LOCATION OF
THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS]will be pulverized by mechanical
5
Page 15 of 108
means,such as drills,jackhammers and other types of gas, diesel or electric powered equipment
and removed from this property by dump trucks or similar vehicles. Work is scheduled to begin
on [INSERT THE STARTING DATE FOR WORK TO BE DONE PURSUANT TO THE P&R
PERMIT]. The last day on which rock can be pulverized by mechanical means or removed from
this site is [INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R
PERMTTCAN OCCUR]. Depending upon the quantity of rock to be pulverized and removed,
the person performing the work may be responsible for having an independent monitor on site
to assure compliance with the law. You may call the Town Building Department at 914-381-
7830 to learn whether a monitor is required in this case.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to establish the physical condition of the structures on your property before rock
removal begins so that you may be able to determine whether and to what extent, the work may
damage your property. If you were not contacted about having a survey done, please contact
the Town Building Department at 914-381-7830 immediately.
The law does not allow rock to be drilled or pulverized by mechanical means on Saturdays,
Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 4:00 p.m. (prevailing
time) on those days when such work is permitted.
The law also does not allow the rock that has been pulverized to be removed from the site on
Saturdays, Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 5:00 p.m.
(prevailing time) on those days when removal of rock is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY)"
(2) A certificate of mailing issued by the United States Postal Service showing that the
mailing was done in time to comply with this section must be filed with the Building
Department before a rock removal permit can be issued for the subject property.
G. Rock crushing on the subject property is not permitted at any time.
H. There shall be no more than two machines on the subject property having drills or
hammers operating at the same time.
I. Motor vehicles used to transport particulate matter must be covered.
J. While on the subject property,any particulate matter must be sufficiently soaked or stored
to prevent the particulate matter from becoming airborne. The Building Inspector or the
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Director of Building Code Enforcement and Land Use Administration may require
secured tarps or coverings made of plastic or other material to further reduce dust
emissions.
K. Notwithstanding the prohibition on doing work pursuant to a P&R Permit on Saturdays,
an individual, acting alone, may do so on the subject property where he/she resides on a
Saturday between the hours of 10:00 a.m.(prevailing time)and 3:00 p.m.(prevailing time).
L. No more than one P&R Permit shall be issued for a subject property within any twelve-
month period.
M. During the restricted period,no P&R Permit shall be issued for a property that lies within
the restrictive area.
N Any person who violates this section shall be guilty of a violation which shall be
punishable by a fine of not more than$1,000, and also shall be liable for the civil penalty
imposed by §106-55C of the Code. Each use of mechanical means to pulverize rock or
each time rock is removed from a subject property on a day or at an hour when such
activity is prohibited by this section shall constitute a separate offense.
0. If there is a violation of this section by someone other than the owner of the subject
property, the owner of the subject property also shall be guilty of a violation which shall
be punishable by a fine of not more than$1,000,and also shall be liable for the civil penalty
imposed by§106-55C of the Code.
P. This section shall not apply to public utility companies, the United States of America, the
State of New York, the County of Westchester, the Town of Mamaroneck, the
Mamaroneck Union Free School District, or the Villages of Larchmont, Mamaroneck or
any independent contractors engaged by any of them.
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon its filing with the Secretary of State.
September 18,2020
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
PROPOSED WIRELESS COMMUNICATIONS CELL TOWER AT BONNIE BRIAR GOLF CLUB
TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE
response to the
TOWN OF MAMARONECK PLANNING BOARD
September 10, 2020
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
FROM: TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE 2020.0910
TO: TOWN OF MAMARONECK PLANNING BOARD
RE: PROPOSED CELL TOWER AT BONNIE BRIAR GOLF CLUB
Chairman Ralph Engel and the members of the Planning Board:
The Town of Mamaroneck Sustainability Collaborative would like to thank the Planning Board for the
opportunity to comment on the proposed Wireless Communications Tower at Bonnie Briar Golf Club. The
Collaborative's all-resident-volunteer members appreciate the Planning Board's willingness to request our
participation and receive our analysis.The application documents were distributed to the Collaborative; this
report includes the input of more than a dozen members with backgrounds in energy, environmental policy,
engineering, sustainable finance, real estate, meteorology, accounting, design and construction.
Within the Town of Mamaroneck, the Sustainability Collaborative's role is to advise, assist and implement
policies and programs which will advance Resilience, Sustainability and the Quality of Life for the Town of
Mamaroneck and its residents. Our report focuses on how the proposed cell tower, and the wireless signals it
will distribute,will impact those objectives.
Our response is organized into the following subjects:
• Wireless Communication Experts,to assist the Planning Board in evaluating the technical aspects of this
application
• Wireless Communications—from Quality of Life to Community Resilience
• The Application's completeness—which may understate the tower's impacts, including the tower's potential
use by other carriers and inclusion of other communication services, including police,fire, county or state
• Zoning Requirements—violation of the required setback of 1,200 feet from the nearest residence.
• View Shadow issues, including alternate locations or use of existing buildings instead of a stand-alone tower
• Property Value Impacts on surrounding neighbors due to the Cell Tower's presence
• Coverage Gaps may still exist even after cell tower construction, leading to the need for a Town-wide
Comprehensive Wireless Coverage Plan
• Environmental Impacts—including on birds, neighbors, plants and overhead power lines if tower fails due to
icing or extreme winds. The Tower location should be at least 125 feet away from overhead power lines in
any direction
• New Wireless Technologies, including important differences between 4G &5G
• Town of Mamaroneck's Comprehensive Plan Update...including Recreation Zones
• The Town's 1995 Wireless Communications Regulations...which require updating(please see the "model
code" appended which the Collaborative has developed)
Review Summary
The Sustainability Collaborative, having reviewed the application and based our analysis, recommends a
limited-duration moratorium on all cell tower applications, including the proposed Bonnie Briar Cell Tower,
until such time as the Town Board has an opportunity to weigh in on and make the changes required related
to the key questions highlighted below. in keeping with our objectives,the Collaborative would like to
maximize voice and data service for the greatest number of residents while minimizing adverse impacts.
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
TABLE OF CONTENTS
page 4 Wireless Communication Experts
page 5 Wireless Communications—From Quality of Life to Community Resilience
page 6 Application Completeness
page 7 Zoning Requirements—Setback Violation
page 8 View Shadow Impacts
page 9 Property Value Impacts
page 10 Coverage Gaps
page 11 Environmental Issues
page 12 Impacts of New Wireless Technologies
page 13 Relevance to the Town of Mamaroneck Comprehensive Plan
page 14 Updating the Town's 1995 Wireless Communications Regulations
page 17 Conclusions
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Wireless Communication Experts, who may be of assistance to the Planning Board
Proper analysis of the Cell Tower Application requires a range of technical expertise and "lessons learned" from
similar cell tower applications in the region. The evaluation of"view shadow", for instance, requires an
understanding of how computer "modeling software" can be manipulated to minimize or conceal the extent of
view impacts. While the Collaborative does not have members who would qualify as the sort of experts the
Planning Board requires,we propose, for your consideration, the following individuals:
Technical Review of the Application Documents:
Richard (Dick)Comi,The Center for Municipal Solutions
Dick Comi is a former Director of Network Operations New York Telephone and NYNEX and the former Vice
President and COO of Cellular One of Upstate New York. His knowledge of the telephone and wireless industries
is virtually unique in the arena of consultants that exclusively serve local governments.
(518)439-3079
Lessons learned from similar applications in our region:
Andrew J. Campanelli, Campanelli &Associates,Attorneys and Counselors at Law
Andrew Campanelli is a specialist in cell-tower related applications, reviews and litigation
1757 Merrick Ave #204, Merrick, NY 11566
(516) 746-1600
https://urldefense.proofpoint.com/v2/url?u=https-3A campanellipc.com &d=DwIFAg&c=TQzoP61-
bYDBLzNdOXmHrw&r=M HcUf7gXnGZnGgFwzdx7meXldtZFaZrwXmQTnba4Ti0&m=fgTGOs58Au 7spKRkKSk4Fxir
BtVinnnVmn27XGNQDw&s=2eVKAz4BwiZ3QZDz9un94TRRy5agYGlArlebr4CGOrY&e=
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Wireless Communications—from Quality of Life to Community Resilience
In considering this application,the Collaborative notes that Wireless Communications for consumer use have
changed dramatically in the 25 years since the Town last revised its Wireless Communications Regulations in
1995. Although wireless communications might have been considered a "luxury novelty" in the 1990's and early
2000's,the iPhone's introduction in 2007 completely transformed the place of wireless communications in our
society and in our community.
The dramatic expansion of wireless capabilities,whether delivered through phones, tablets or computers, has
expanded wireless communication's role in everyday life and work while also offering the opportunity to
increase personal safety in emergencies. The demand for and capabilities of high-quality wireless and wired
access have steadily expanded. Used by adults and our schoolchildren as well,this year in particular, as students
access data/broadband to take classes from home,these services have become essential to educational
progress. Children in the STEM Alliance-run Co-op program,for example, use cellular connections at times for
their online programming.
Today,with society turned upside down by Covid-19,offices dispersed into homes, and increasingly frequent
severe storms regularly disrupting power pole-based wired communications, Wireless Communications have
taken on a larger role in our community's Resilience and Preparedness. What might have been, 25 years ago, a
"nice to have,", may now be a "must have.".
Based on years of technological innovation, economic development and changing lifestyles, demand for wired
and wireless services from consumers, businesses,educators and governments has expanded by orders of
magnitude. Wired and wireless services have become essential,and there is a clear disconnect between
demand and supply.
In reviewing the Bonnie Briar Cell Tower Application,the Collaborative considered the changed role of wireless
communications,the "social equity" aspects of uneven wireless coverage,the Town's 25-year old outmoded
Wireless Communications Regulations and whether, in fact,the proposed cell tower can fill the present
"coverage gaps"or facilitate the forthcoming"5G wireless" roll-out in order to compensate for the
environmental and quality of life costs it will impose.
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Application completeness, and whether impact assessments are complete
Does the Cell Tower application, as presently submitted, provide a full and complete description of the likely
impacts on Community Character("View Shadow"), Environmental (noise, pollution, microwave radiation),and
Social Equity (completeness and effectiveness of the wireless coverage)?
The present"two-permit" application does not present a full assessment of the proposed Tower's impacts.The
initial Planning Board discussion with the applicant made clear that what is presented as a single "fix" is really
two separate activities:
• HomeLand Towers wishes to construct a 125-foot tall tower
• Verizon proposes to use antennas installed on the Tower to close "coverage gaps"
As the Planning Board heard during the meeting,this presentation leaves out:
• HomeLand's intent to quadruple the number of large-scale antenna arrays by adding the equipment of up to
three other commercial wireless providers to its tower,with up to 48 large antennas
• HomeLand's intent to add other antennas to the tower at other elevations.
• The possible impacts of a future tower with additional antennas, listed as a possibility in the lease
Which suggests that, if permitted, erected and operated at full capacity,the Tower:
• May emit four times, or more, microwave radiation, pollution and noise,with the attendant environmental
risks, than currently proposed or analyzed
• May create considerably more visual impact as the quadrupling of antennae would completely compromise
the proposed fake branch "camouflage".
Does it make sense for the Planning Board to discuss the proposed cell tower location with representatives of
the other providers (e.g., AT&T and T-Mobile)servicing our area?This is to verify whether other providers would
have a need for the proposed tower, and whether it meets their criteria.This is particularly important, as the
tower's height seems to be justified in order to accommodate other providers.
The original application did not include any comments,favorable or unfavorable,from other wireless
communications carriers in Westchester County. As HomeLand proposes a tower expressly designed to include
other carriers, it seems quite reasonable that the Planning Board should be directly informed, by representatives
of those carriers, if the tower is of any interest to them (apparently AT&T has already signed an LOI regarding
placement of its antennas directly below Verizon's). If the tower is not of interest, the Planning Board may have
reason to consider whether the use of the tower by only Verizon is worth the tower's environmental and quality
of life costs if the tower is benefitting only a minority of the Town's population.
In addition to the antennas,the environmental impacts of the emergency generators(noise, air pollutants) are
under-represented in the application, given the fact that five to eight emergency generators may be co-located
if each carrier has their own generator.
The applicant, by not presenting the full development of the Tower, does not portray its true impacts.This
action is the same as if a developer proposed a sub-division of a wooded parcel in the Town, but only showed
the Planning Board a rendering of the first house,with the rest of the property remaining tree-covered.The
Planning Board would not accept such an application.
The Planning Board should only consider this Tower application when it includes all of the impacts of its full
deployment of four sets of large-scale carrier antennas, plus other municipal emergency services antennas,
including visual assessment and radio-frequency.
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Zoning Requirements—variance required due to inability to conform to setback requirements
The application includes a map which shows that the proposed tower location violates the required setback
distance of 1,200 feet from residential properties.This is certainly a serious infraction. In the Planning Board's
consideration of this violation, perhaps the Planning Board might consider:
• What does the applicant propose, in the way of wireless coverage community benefit related to those large
areas which will NOT benefit from the construction of the tower?
• What does the applicant propose, NOT related to wireless coverage,to compensate the Town and its
residents for the violation of the setback requirement?
• Is there in fact a better method than the tower to eliminate the wireless coverage gaps proposed to be
covered by the tower which does NOT require violation of the setback requirement?
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
View Shadow issues, including alternate locations and the use of existing bldgs. instead of a stand-alone tower
What alternative sites were considered by the applicant, and how did they decide that this is the preferred site
for the cell tower? Did the applicant try to co-locate on existing structures? Is the applicant making a concerted
effort to propose a structure at the lowest height technically feasible?
The application documents indicate that only three locations were evaluated: a)the proposed "Weaver Street"
Bonnie Briar location; b) an alternate "Central" Bonnie Briar location; and c)the Winged Foot Water Tower
location
What the application documents do not make clear, and what the Planning Board might want to consider:
• Should the applicant evaluate co-locating on existing structures, such as the Bonnie Briar Club House,where
the building's existing height might be used to help mask the tower?
• Would a lower tower be equally effective at eliminating the "coverage gap",yet result in less visual
intrusion? If the Tower were only 50 feet tall,what would be the specific number of households whose
"coverage gap" would not be resolved? What would be the results at 75 feet?What would be the results at
100 feet?
• Given the possibility of constructing a tower of this height, is the proposed location the BEST location
anywhere in the Town of Mamaroneck or the adjacent Village of Scarsdale, City of New Rochelle, or Village
of Mamaroneck,to solve "coverage gap" issues for the maximum number of people?
The View Shadow analysis presented in the application results from computer software which may be
misleading and may"under-map"the impact areas.The software used considers all trees to be 50(fifty)feet
tall, regardless of location, and considers all houses to be 25 feet tall. While the house height may be
reasonable, the uniform tree height of 50 feet overstates the actual conditions in the areas surrounding Bonnie
Briar and, in various locations,within Bonnie Briar itself.The software also assumes all trees are present as
"shadow creators" all year.This is not the case for deciduous trees, the majority of trees in the impact area,
which are without leaf cover for at least 1/3 of the year.
The Collaborative recommends that the Planning Board ask its consultant, and/or Town staff,to:
• Re-run the computer simulation software with tree heights of 25 feet and 35 feet,to evaluate the view
shadow impacts of more realistic average tree heights
• Re-run the computer simulation software with NO trees,to evaluate the view shadow impacts with
deciduous trees
• Considerably expand the "on the ground" survey of impact areas, including photographs from community
resources, such as the Sheldrake Reservoir and Leatherstocking Trail, as well as residential areas such as
Cornell Street, Lakewood Lane, Bonnie Way,the Bonnie Briar Lane area,the Country Club Drive area, Griffen
Avenue,the Fenimore Road area, and the Winged Foot Golf Course. The study should include locations with
elevations equivalent to or higher than the top of tower in nearby Scarsdale and New Rochelle.
• Consider the houses directly fronting the golf course, including their second or third floors. None of those
houses seems to be considered in the applicant's view shadow studies
These analyses will result in a more accurate assessment of view impact. When combined with the proposed
evaluations of lower tower heights listed above, the Planning Board will be much better prepared to evaluate
view impacts against "coverage gap reductions", important components in a "cost-benefit" analysis of the cell
tower application.
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Property Value Impacts of Cell Towers
Cell Towers are not considered to positively impact residential property values, and are not typically considered
"good neighbors"to schools. Examples include two cell towers (one built, one abandoned) along the Hutchinson
River Parkway:
• In 2001, a 120-foot tall cell tower was constructed along the Hutchinson River Parkway in White Plains. Both
the cell tower operator and Verizon were subsequently sued, on the basis that the tower violates both local
zoning and wireless communications laws.
• In 2018, New York State DOT abandoned its efforts to construct a cell tower at Exit 7 of the Hutchinson River
Parkway following significant push-back from the community, including letters from the Mayor of Pelham,
Mayor of Pelham Manor, Pelham Superintendent of Schools and the Pelham Board of Education.
https://ecode360.com/8781070 to review the Pelham Code, revised in 2014
Impacts on property values have been documented by the Environmental Health Trust ("Cell Phone Towers
Lower Property Values: Documentation and Research on Cellular Base Stations Near Homes" includes several
specific resources on property de-valuation. https://ehtrust.org/cell-phone-towers-lower-property-values-
documentation-research/
The proposed cell tower may include equipment to facilitate 5G cell networks. In June 2019, the National
Multifamily Housing Council, National Apartment Association, the National Association of Realtors and others
submitted a letter to the Federal Communications Commission to request caution and ensure that the FCC's
proposal to expand high-speed 5G networks nationwide doesn't violate property owners' rights. The coalition
argued that the proposed FCC rule could make it easier for antennas and other devices to be placed on
properties without the owners'consent. The coalition also noted that:
• The rule could allow a telecom carrier who already leases rooftop space (or other spaces, such as a cell
tower) from a property owner (for antennas or other equipment)to be able to attach a 5G small cell or
other wireless infrastructure on that existing equipment without having to change their agreement with
the property owner.
The tower as currently designed will not be successful at disguising the presence of up to four layers of six-foot
tall antennae. By placing the antennae as close as possible to the top of the tower, the antennae will be
prominent because the eye is naturally drawn to either the tops or bottoms of tall things. Because the antennae
are shown protruding beyond the branches,the branches will not hide them. Painting the antennae the same
color as the branches, even painting in camouflage, will not help if the "un-natural and man-made" tall
rectangular shapes of the antennae are clearly discernable against the skyline. And by having only its trunk
visible for at least twenty-five feet above the surrounding trees, the tower will call attention to itself.
To reduce visual impacts, the tower should: 1) push the antennae downward, away from the crown; 2) extend
the branches at least five feet beyond the outer lines of the antennae, so the antennae cannot be seen against
the skyline; 3) camouflage paint the antennae, so that there are no solid colored "blocks" to catch the eye; 4)
extend the branches downward, to eliminate the gap between the surrounding trees and the tower; 5) add two
to four lower, smaller"trees", without antennae, so that the tower is not a single "point" but part of an
ensemble of taller-than-normal elements.
In evaluating the proposed cell tower application, the Planning Board might want to seek the opinion of the
Mamaroneck Unified School District. It would be good to hear our local schools' assessment of the needs for
wireless communications as part of their"distance/virtual learning" programs. The Planning Board might also
consider giving preference to tower locations that minimize visual impact from residential areas, such as the
central site within Bonnie Briar, or combining the cell tower into the architecture of the existing Bonnie Briar
Club House.
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Coverage Gaps
The application notes existing coverage gaps at two radio frequencies used by Verizon.The analysis includes
"before" and "after" mappings, color-coded to show the reduction in coverage gap areas.
The cover letter for the analysis describes the improvements near to the proposed tower, but the cover letter is
also clear that the proposed tower"will satisfy the coverage requirements of Verizon Wireless and its customers
in this portion of Mamaroneck."
The Planning Board is already seeking a third-party consultant review of this data; the Collaborative
recommends that the consultant perform its own analysis to verify that the applicant's data are accurate.
The analysis, however, leaves many questions unanswered that may be of interest to the Planning Board and
Town residents.These include:
• Would a shorter tower(50 feet?75 feet? 100 feet?)yield the same effective reduction in the coverage gaps?
• What does Verizon's "minimal acceptable coverage criteria" actually mean? How many"bars" does that
represent?What are the implications for"dropped calls"? Perhaps the Planning Board may need the
applicants to create a live, on-site demonstration to show what this means, and see if the Planning Board
agrees that "minimal acceptable" is enough?
• Is Verizon prepared to guarantee coverage as Verizon deems acceptable to the homeowners, residents and
schools shown to be included in the "new coverage areas"? For how long? Under what conditions?And
what penalty might be imposed should the promised coverage not actually occur during all non-extreme
weather conditions?
In addition to questions about the meaning and accuracy of the data presented as well as the assertion that only
a tower of 125 feet can produce improved coverage, other questions about Verizon coverage include:
• What prevents other"coverage gap" areas in the Town from being"solved" by the proposed tower?
• Why are these coverage gap areas not"solved" by the other towers identified on the maps?
• How does Verizon propose to eliminate the remaining"coverage gaps"? Will more towers be required?
Where will they be placed? How tall will they be?
Without answers to these questions regarding "coverage gaps", it will be difficult for the Planning Board to make
an accurate assessment of whether the proposed remedy for coverage gaps (the cell tower) is an effective
remedy, or whether the environmental and quality of life costs imposed by the tower are worth the benefits
claimed.
Verizon is only one of several wireless carriers with customers in the Town. When the Planning Board contacts
the other carriers,these same questions should be asked, and answers obtained.
These "coverage gap" questions raise issues that may be better addressed by the Town Board. Specifically:
• Although the Town is not directly responsible for providing "sufficient" and "socially equitable"wireless
communications to Town residents,the Town is responsible for regulating the wireless equipment and the
facilities that support that equipment.
• Given the "coverage gaps" which remain, how can the Town assess the benefit of any particular wireless
installation without understanding its role in an overall "wireless coverage strategy?" And since there are
multiple wireless carriers in Town, each of which has their own set of"coverage gaps", shouldn't the Town
consider asking each carrier for its "coverage gap elimination plan" before considering any new wireless
facilities?
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Environmental Issues
Noise, air pollution and radio frequency radiation are key environmental impacts of the proposed cell tower. The
noise and air pollution impacts will arise if pole-based power to the tower is interrupted as the result of extreme
weather(e.g., Irene, Sandy, Isaias). Diesel-or propane-fueled generators emit considerable air pollution, and
their noise will travel over a wide area, adversely impacting residential neighborhoods.
According to the Telecommunications Act of 1996, municipalities cannot prohibit cell towers based on health
concerns. In evaluating environmental risks, the Collaborative sought to evaluate these risks based on:
• the Radio Frequency (RF) intensity data already included as part of the application
• environmental risks to birds, other animals, insects and plants, risks that may increase as the cell tower is
loaded at all antenna levels
• environmental risks to our residents
The RF intensity analyses included in the application seem to include only the impacts of the Verizon system.
Given the cell tower's design and capability for quadrupling the wireless provider antennae, as well as including
additional antennae for local or regional governments, the Planning Board should request:
• re-run of the RF intensity analyses with all four wireless carrier tiers fully equipped and operational, plus
additional governmental communications antennae in place for New York State, Westchester County, the
Town of Mamaroneck, the Village of Scarsdale and the City of New Rochelle
• in addition to the "frequency-by-frequency" analyses, an "overall RF intensity load" analysis, combining the
impacts of all frequencies (at least six, perhaps as many as ten)to be facilitated by the tower
In 2019, Bedford's Audubon Society identified cell towers as potentially harmful to migrating birds. The
Collaborative suggests that the Planning Board contact National Audubon Society Headquarters in New York City
for their latest update on this issue. https://www.audubon.org/or National Audubon Society at 225 Varick St.,
New York, NY 10014 or 212-979-3196
Electromagnetic (EMF) field exposure poses risks to humans. All of us have heard about the dangers of holding
our cell phones against our heads; quite a few of us have modified our behavior as a result. Firefighters in the
U.S. have long opposed cell towers on their stations due to health concerns from the radiation. In California,fire
stations have been exempted from the forced placement of cell towers, codified in state legislation in 2015,
2017 and 2018.
https://mdsafetech.org/2019/09/28/firefighters-fighting-fires-and-now-cell-towers/
Most insurance companies do NOT cover electromagnetic field-related impacts and have very clear
"electromagnetic field exclusions.". EMFs are, in fact, classified as "high-impact-liability" risk and a "pollutant"
alongside smoke, chemicals and asbestos. Individuals or companies wishing to be insured for EMFs are required
to purchase additional "Pollution Liability" or"Policy Enhancement" coverage.
https://ehtrust.org/wp-content/uploads/Swiss-Re-SONAR-Publication-2019-excerpt-1.pdf
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
New Wireless Technologies and their impact on Wireless Coverage Strategy
Wireless transmission technologies have changed rapidly over the last fifteen years to improve clarity and
increase the speed of data transmission, including down-load and up-load speeds. In response, equipment
manufacturers have expanded device software and hardware,which drive the next round of wireless system
upgrades.
Technologies commonly referred to as "1G"through "4G" have relied on relatively long-range transmissions,
facilitated by antenna locations on towers,or tall buildings where available.
5G will be different. In order to achieve good coverage for high-speed communications, streaming video and
massive data downloads, 5G requires shorter distances between antennae, and antennae at lower elevations,to
create overlapping"webs" of coverage. And in addition to the radio frequencies already in use by 4G, 5G will use
additional higher-frequency sub-millimeter and millimeter waves.
If 5G is the future,what is the role of the proposed cell tower in producing the required "webs" of coverage?
The application is silent on this point; the Planning Board might also consider asking these questions:
• Will the cell tower be effective in solving 5G coverage problems?
• Will the cell tower alone eliminate the Town's 5G "coverage gaps?"
• Even with the cell tower, will 5G "coverage gaps" remain?
• How does Verizon propose to close the remaining"coverage gaps?"
• And if Verizon will need a different type of antenna, with a different "web" installation net, is the cell tower
actually going to benefit Town residents?
• How will each of the other wireless carriers solve their own "coverage gaps?"
• If each of the other providers needs a different type of antenna,with a different"web" installation net, is
the cell tower actually going to benefit either the other providers or their customers in Town?
Without answers to these questions, it may be difficult to decide if the cell tower has a meaningful role in the
roll-out of 5G wireless coverage by Verizon or any other wireless carrier.The Planning Board may not be able to
learn whether the 5G roll-out will actually duplicate or supplant the role of the cell tower, rendering the Town's
agreement to accept the tower's impacts unmitigated by improved wireless coverage.
Scientific groups around the US and around the world are studying 5G right now,following up on 20+years of
studying the impacts earlier forms of microwave radiation. Although the Collaborative cannot predict when a
definitive assessment on 5G's potential environmental risks will be made, it is reasonable to alert the Planning
Board to the potential concerns.
12
Paae 29 of 108
Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Town of Mamaroneck Comprehensive Plan—Recreation Zoning
The Town Board has embarked on an update for the Town's Comprehensive Plan. While combatting the virus,
recovering from Isaias,and coping with significant budget challenges has delayed the start of Resident Outreach
Communication for some time,the Comprehensive Plan will be an opportunity for a wide-ranging discussion of
many aspects of the Town, including Town Character, Land Use and Open Space.
The proposed cell tower is located in one of the two largest Recreation Land Use zones. Will this Recreation
Zone continue to exist? Other Golf Clubs in our community have created considerable concern regarding plans
to change parts of the property to other uses.
In the context of the Town's Comprehensive Plan update, the Planning Board might want to consider:
• What is the long-term Land Use plan for the Bonnie Briar Club? Is there a possibility that this could be
desirable for residential use in 10-to 20-years'time?And if,for any reason in the future the Town takes
over the property,would the Town then become the lessor and receive all lease payments from the tower
operator and its carriers?
• In view of the Town's Comprehensive Plan process, might it make sense to consider a moratorium on permit
applications for any new cell tower construction until the Town has provided direction on the future of this
Recreation Zone, and/or completed the Comprehensive Plan process?
• In relation to the current application, should the Town, as part of its Comprehensive Plan process, provide
direction on a wireless communications master plan?A master plan which would have criteria for cell tower
siting, design, and prioritized land use areas for new towers, including an inventory of available land use
areas, public facilities, and structures suitable as antenna support platforms?
13
Paae 30 of 108
Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Updating the Town's 1995 Wireless Communications Regulations
In its evaluation of the current application,the Planning Board is bound by the Town's 1995
Telecommunications Franchising and Licensing Code (Chapter 75).The Town's Code has not been updated since
long before the iPhone,streaming video, and today's massive data downloads. It needs to be updated now.
The Town of Mamaroneck's wireless code currently has very minimal requirements for reviewing and permitting
the installation of wireless telecommunications facilities, especially when compared to the local laws adopted by
both the Village of Mamaroneck and the City of Rye.The Town has not updated Section 240-19.1 of its code
since 1995.
The Town should amend its code to ensure that it continues to exercise sufficient local control over wireless
transmission equipment that carriers seek to install in the Town, particularly as wireless companies seek to
install new 5G equipment. 5G systems, unlike conventional "cell tower" technology, operate closer to ground
level and require closer spacing between equipment in order to operate, bringing the equipment closer to
pedestrians and residential areas.The Town should be proactive in updating its code to ensure that the
installation of new wireless equipment is subject to appropriate Town review and permitting.
Communities around the U.S. have taken different approaches to updating their codes. Some communities,such
as Easton, CT, have focused on banning 5G's implementation for a specific timeframe(in Easton's case,for one
calendar year, potentially renewable).
Other communities have updated their codes by inserting specific metrics and procedures that result in
transparency between wireless carriers, local governments and residents, including guidelines for:
• requirements that wireless installations be necessary in order to address significant gaps in coverage,
• an order of priority for the locations in which wireless equipment would be installed,
• additional requirements for concealing wireless equipment to minimize visual impact,
• requirements regarding the sound levels emitted by wireless equipment,
• restrictions on the installation of wireless equipment on or near residential structures,
• much greater level of detail from applicants on the necessity and impact of wireless equipment installations.
• ensure that"small cell" 5G installations are covered by the code,
• require notification to property owners within 250 feet of a proposed installation
• require that applicants are covered by insurance that does not exclude pollution from radio emissions.
• More precise restrictions on location (type of land-use, with residential and/or school areas being least
desirable or excluded)
• Comprehensive visualizations of proposed facilities (photographs of proposed equipment and "before" and
"after" photo simulations), including accounting for deciduous tree leaf fall
• Pre-certification (third-party independent engineer verification of compliance with FCC standards, legal right
to install in public rights-of-way,verification that new installations fill significant gaps in coverage, efforts to
avoid residential and school areas)
• Annual re-certification of each cell installation, including safety inspection and third-party testing
• Provisions which address the concerns of near-term 5G service installation, particularly related to antenna
location and RF radiation outputs
The Collaborative has already forwarded a "model code draft"to the Town Board.The Model Code draft is
based on the Rye Code, updated in 2019;the Village of Mamaroneck's Code is similar to the Rye Code. For the
Planning Board's reference and review,the Collaborative includes a copy of the Model Code Draft to this report.
Included on the next pages are references related to cell tower siting and citizen engagement.
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Paae 31 of 108
Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Cell Tower Siting and Citizen Engagement
1) Background Information on Cell Tower Regulations
a. Dept. of State, Office of General Counsel, NYS on "Municipal Regulation of Cellular Telephone Towers and
Antennas": https://www.dos.ny.gov/cnsl/lu01.htm
Key Point: 3rd para., 2nd sentence onward
"One approach, taken by many communities, is the adoption of a short-term moratorium on cell tower
permits. A moratorium on land use permit approvals effectively stops all new tower construction until the
municipality has had a chance to analyze the overall planning issue and to decide where, and under what
conditions, tower construction may proceed. It should be emphasized that moratoria have been upheld by
the courts for only short durations. Also,the courts have allowed moratoria to exist only in cases where the
municipality is actively engaged in a study of its comprehensive plan or its zoning regulations during the
course of the moratorium, with particular attention being paid to the use or uses involved."
b. FCC's Webpage on Tower and Antenna Siting: https://www.fcc.gov/wireless/bureau-divisions/competition-
infrastructure-policy-division/tower-and-antenna-siting
Key point: 1st para. under "State and Local Authorities"
"Specifically, a state or local government may not unreasonably discriminate among providers of
functionally equivalent services, may not regulate in a manner that prohibits or has the effect of prohibiting
the provision of personal wireless services, must act on applications within a reasonable period of time, and
must make any denial of an application in writing supported by substantial evidence in a written record.The
statute also preempts local decisions premised directly or indirectly on the environmental effects of radio
frequency(RF) emissions, assuming that the provider is in compliance with the Commission's RF rules."
2) Precedence on Local Citizens' Influence in Cell Tower Siting
a. Lohud 2/18/19 Article on "Can Locals Balance the Need for Cell Towers with Neighborhood and Woodsy
Aesthetics?": https://www.lohud.com/story/news/local/westchester/2019/02/18/cell-towers-westchester-
neighborhoods/2800906002/
Key point: 4th para. under"Power to locate tower"
"Some localities are trying to get ahead of conflicts. Bedford has established a hierarchy for future cell tower
locations: "co-locating" on an existing tower should be the first option; after that, preferred site locations
are, in descending order, municipal property, industrial property, light industrial, and then in the business
district."
b. Mahopac News 8/20/20 Article on "Residents Decry New Cell Tower Plan at Heated Town Board
Meeting": https://www.tapinto.net/towns/mahopac/sections/government/articles/residents-decry-new-
cell-tower-plan-at-heated-town-board-meeting
Key point: 5th para., 4th sentence
"However, what town officials failed to realize was that the site that Homeland ultimately chose bordered
right up against a residential neighborhood, particularly Walton Drive, placing the tower only a few hundred
feet from some of those residents' backyards."
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
3) Guidelines for Local Communities in Planning for Cell Towers
a. Dept. of State, NYS "Planning and Design Manual for the Review of Applications for Wireless
Telecommunications Facilities: A Practical Guide for Communities Managing Wireless Telecommunications
Facilities Siting in New York
State": https://www.dos.ny.gov/Ig/publications/Wireless Telecommunications Facilities Manual.pdf
Key point: 4th para. under Foreword
"Municipalities need to obtain information from telecommunications facility applicants that:
• can be understood by board members and the public;
• is complete with all relevant information provided;
• is accurate and verified by technical documentation and independent review; and,
• is clear and not based on incorrect assumptions.
To obtain this information, the municipality needs to establish a collaborative relationship with the service
provider.The municipality should also secure independent professional assistance to address the specific
community planning, legal, aesthetic, and technical issues related to wireless telecommunications facility
development."
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Town of Mamaroneck Sustainability Collaborative
2020.0910 Bonnie Briar Cell Tower
Response to the ToM Planning Board
Conclusions
The Sustainability Collaborative strongly suggests that the present application is incomplete and understates the
Tower's likely impacts.The current application does not provide a comprehensive solution to coverage gaps or
fits into a comprehensive plan for socially-equitable wireless coverage.
While there are definitely wireless coverage improvements in close proximity to the proposed Tower, it is clear
that the proposed Tower is NOT a Town-wide solution to existing coverage gaps.The "proposed" coverage map
continues to show many areas of"coverage gap", including quite a few within one-half-mile of the Tower site.
Wireless Communications have become more important to Community Resilience, but the proposed Tower is
not a comprehensive solution for the Town. If Wireless Communications were a government service,the
government would be obligated to provide comprehensive and effective coverage.And if comprehensive
coverage did not currently exist,the government would be required to present its plan to eliminate coverage
gaps.
Should the Town accept only partial solutions from the wireless carriers? On behalf of the Town's Verizon
customers,the Planning Board should ask Verizon to present its plan to address ALL of the coverage gaps in the
Town, and their timetable to do so, before reviewing or approving any one part of the solution.
The Sustainability Collaborative recommends that the Planning Board suspend consideration of this application,
and recommend to the Town Board that a short-term moratorium be placed on wireless communication tower
applications until the Town can update its wireless communications regulations and obtain clear plans from
wireless carriers about the implementation of comprehensive wireless coverage that maximizes good coverage
to the maximum number of residents with the least adverse impacts.
Sincerely:
TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE
Kevin Crowe
Karen Khor
Mark Kramer
Michele Lewis
Ellen Martin
Stephen Moser
Arlene Novich
Frank Owens
Eliza Pertz
Elizabeth Radow
George Roniger
June Wallach
Laura Wertkin
Mitch Green, Chair
September 10, 2020
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Page 34 of 108
THIS ITEM HAS NO ATTACHMENT
O 9
v
Town of Mamaroneck
:::)/1' m Town Center
740 West Boston Post Road. Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
svaltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Proposed IMA- Village of Mamaroneck
Sanitary Sewer Installation
Attached is a proposed inter-municipal agreement with the Village of Mamaroneck
concerning the construction of a new sanitary sewer line on Hommocks Road. A
resident at 203 Hommocks Road in the Village of Mamaroneck wishes to abandon
the septic system currently at the home and construct a sanitary sewer. The new
sewer line would be located predominantly in the Village of Mamaroneck and
connect to a Town sewer line at the intersection of Eagle Knolls Road and
Hommocks Road.
Concurrently a resident in the unincorporated area of the Town at 220 Hommocks
Road is also interested in abandoning the septic system that serves that property.
The property owner at 220 Hommocks Road is willing to construct a sewer line
that would ultimately connect to the sewer line that is to be constructed on
Hommocks Road in the Village.
Attached is a map that will allow for a better description of the proposal. Zones
1 and 2 on the map identify the areas to be serviced by the construction of the sewer
line from 203 Hommocks Road. While most of the homes in these two zones are
in the Village, there are two homes in the Town nearest to Eagle Knolls Road that
can be serviced by the sewer line
The area designated as Zone 3 would be serviced by the sewer line to be
constructed by the property owner at 220 Hommocks Road at the very end of
Hommocks Road. The two sewer lines would interconnect at the intersection of
Hommocks Road and Oak Lane and ultimately drain into the Town sewer line at
Eagle Knolls Road.
The two sewer lines to be constructed will be force mains, meaning each
homeowner that connects to the new lines will have pumps in place to pump the
sewage to the Town sewer line at Hommocks Road and Eagle Knolls Road. The
sewer lines would provide connection points for individual homeowners on
0 Primed on Recycled Paper
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Hommocks Road and Oak Lane to connect to the new sewer. While connections
to the new sewer line are not mandatory upon the residents, they may take
advantage of the opportunity to eliminate septic system maintenance and improve
the marketability of their homes. The added benefit is the elimination of all septic
systems for homes that front on Long Island Sound. This provides an advantage
for improved water quality in this portion of the Sound.
Under the terms of the agreement, the Village will issue permits and oversee
construction of the sewer line on the Village's portion of Hommocks Road. The
Town will be responsible for the issuance of permits and oversight of construction
of the sewer line on its portion of Hommocks Road. All of the costs of
construction will be borne by the property owners. There will be no cost to the
Town or Village for sewer construction.
We will review this agreement in the work session and if it is acceptable, it is
recommended that the Town Board approve the agreement.
. 4'/
:tephen V. Altieri
Town Administrator
Page 37 of 108
INTERMUNICIPAL AGREEMENT
This is an Agreement between the Town of Mamaroneck,a municipal corporation existing
under the laws of the State of New York with offices at 740 West Boston Post Road,Mamaroneck,
New York 10543(Town)and the Village of Mamaroneck,a municipal corporation existing under
the laws of the State of New York with offices at 123 Mamaroneck Avenue, Mamaroneck New
York 10543(Village).
Recitals
Whereas, the Town's sanitary sewer line on Hommocks Road does not extend south of
the manhole located just north of Eagle Knolls Road, and
Whereas, the owner of a parcel located in the Village has decided to construct the
Extension (defined in paragraph 1, below), at his sole cost and expense, so that the property at
203 Hommocks Road will have sanitary sewer service,and
Whereas, though the majority of the Extension will be located within the Village,
approximately 720 feet thereof will lie between the municipal boundary line separating the Town
and the Village and the manhole located just north of Eagle Knolls Road and therefore will be
located within the unincorporated area of the Town,and
Whereas, owners of other parcels in the Village may abandon their septic systems and
convert to municipal sewer service by tying their waste lines into the Extension, and
Whereas, there is an unincorporated area of the Town along Hommocks Road that lies
between 203 Hommocks Road and the Long Island Sound, and
Whereas, the owners of parcels in this unincorporated area of the Town may abandon
their septic systems and convert to municipal sewer service by tying their properties' waste lines
Page 38 of 108
into the Extension,and
Whereas, there are certain homes lying along Hommocks Road south of the manhole
located just north of Eagle Knolls Road that are in the unincorporated area of the Town that also
may abandon their septic systems and convert to municipal sewer service by tying their waste
lines into the Extension, and
Whereas,ordinarily the Village compensates the Town for the use of the Town's sanitary
sewer system by parcels located within the Village, and
Whereas, ordinarily the Town is responsible for approving the construction of, and
maintaining sections of sewer lines that lie within the unincorporated area of the Town,and
Whereas, the Town and the Village have concluded that by co-operating with each other,
they can reduce their respective costs, afford sanitary sewer service to certain residents of the
Town and the Village who currently do not have municipal sewer service available to them and
potentially improve the environment by eliminating septic systems,and
Whereas,General Municipal Law§119-o authorizes a municipality to enter into or assign
a municipal function to another municipality by executing an inter-municipal agreement with
that municipality.
Now, therefore, in consideration of the terms and conditions below, the Town and the
Village agree as follows:
First: For the purpose of this Agreement,
"Addition to the Extension" means a sanitary sewer line that may be constructed to
connect to the Extension so that properties that lie in the unincorporated area of the Town
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Page 39 of 108
between 203 Hommocks Road and the Long Island Sound may connect waste lines to a sanitary
sewer line that is connected to the Extension.
"Extension" means the sanitary sewer line under Hommocks Road that will constructed
at the sole cost and expense of the owners of 203 Hommocks Road from the manhole that exists
near 203 Hommocks Road to the manhole located just north of Eagle Knolls Road.
"Installation" means the original construction of the Extension.
Second: The parties confirm the accuracy of the factual statements made in the Recitals.
Third: (a)The Village shall be responsible for
(i) reviewing and exercising the regulatory authority of the Town and theVillage
with respect to the engineering and construction plans for the Extension which
must be designed to transport at least 55 gallons of effluent per minute, and the
Town delegates to the Village its authority to do so;
(ii) issuing permit(s) therefor, and verifying that the person performing the
Installation has obtained all permits required by other governmental agencies
having jurisdiction over the Installation, and
(iii) regulating the traffic on Hommocks Road in the area of the Installation until
the Installation is completed.
(b) The Village shall retain all fees paid to it in connection with reviewing the
the plans for the Extension and the Installation.
(c) The Village will not issue any permits allowing waste lines to be connected to
the Extension until it accepts dedication of the Extension.
3
Page 40 of 108
(d) The Village will not charge the Town a sewer use fee for the discharge of waste
through the Extension by any parcel lying within the unincorporated area of the Town.
(e) The Village may charge the owner of a parcel lying within the
unincorporated area of the Town the same fees it would charge to a resident of the Village for
connecting waste lines from that parcel to the Extension.
(f) After Installation is completed, the Village, and not the Town, shall maintain,
repair, replace or reconstruct the Extension, including the section thereof that will lie within the
unincorporated area of the Town when and if necessary.The Village,at its own cost and expense,
shall repave and where appropriate, repaint the sections of Hommocks Road or Eagle Knolls
Road that are disturbed when it performs work pursuant to this agreement.
(g) If after the Town gives the Village twenty(20)business days'notice of the need
for the Village to satisfy its obligations under paragraph Third(f),the Village fails to satisfy those
obligations in either the section of the Extension that will lie within the unincorporated area of
the Town and the section of the Extension that will lie wholly within the Village, the Town shall
have the right to do so.
(h)The Village shall reimburse the Town for all of its"soft" and "hard" costs in
connection with performing the work described in Third (fg), including the pro-rated portion of
the salaries(including overtime)of Town employees who perform or supervise all or some of the
work.
Fourth: The Town shall not charge the Village a sewer use fee for the discharge of waste
from any parcel located within the Village that has waste lines tied into the Extension.
4
Page 41 of 108
Fifth: The Town grants the Village an easement to excavate the portion of Hommocks
Road lying between the municipal boundary line between the Town and the Village and the
manhole located just north of Eagle Knolls Road for the purpose of maintaining, repairing,
replacing or reconstructing the Extension. This grant includes allowing the Village to store
vehicles, equipment and materials needed for the work to be done on Town-owned property in
the vicinity of the intersection of Eagle Knolls Road and Hommocks Road.
Sixth: (a)The Village grants the Town an easement to excavate the portion of Hommocks
Road lying within the Village in the area of the Extension for the purpose of exercising the rights
given to the Town under paragraph Third (0 and/or for the purpose of installing, maintaining,
repairing,replacing or reconstructing an Addition to the Extension.This grant includes allowing
the Town to store vehicles, equipment and materials needed for the work to be done on Village-
owned property in the vicinity of the manhole that exists near 203 Hommocks Road. The Town
may assign the rights granted to it in this subparagraph to a private contractor engaged by the
owner of property along the unincorporated section of Hommocks Road for the purpose of
installing an Addition to the Extension provided that such entity agrees to comply with the
obligations imposed upon the Town hereunder.
(b)The Village shall not be responsible for the cost and expense of installing an Addition
to the Extension. After an Addition to the Extension is connected to the Extension, the Town, at
its sole cost and expense, shall maintain, repair, replace or reconstruct the Addition to the
Extension, including the section thereof that will lie within the Village.
(c) The Town, at its own cost and expense, shall repave and where appropriate, repaint
5
Page 42 of 108
the sections of Hommocks Road that are disturbed when the Town performs work pursuant to
this agreement.
(d)(i)If after the Village gives the Town twenty (20)business days' notice of the need to
maintain, repair, replace or reconstruct the section of the Addition to the Extension lying within
the Village or to repave and where appropriate, repaint the section of Hommocks Road lying
within the Village that the Town disturbs when it performs work pursuant to this agreement, the
Town does not do so, the Village shall have the right, but not the obligation, to perform such
work.
(ii)The Town shall reimburse the Village for all of its "soft" and "hard" costs in
connection with performing the work described in Sixth (d) (i), including the pro-rated portion
of the salaries (including overtime) of Village employees who perform or supervise all or some
of the work.
Seventh: The areas disturbed when work is performed by either the Village or the Town
pursuant to this agreement will not be left in a hazardous condition when work ceases at the end
of a day.
Eighth: Each party shall indemnify and hold the other harmless from and against all costs,
damages or claims that may arise as a result of,or in connection with the negligent performance
of its obligations under this agreement,including without limitation,liability for personal injury,
wrongful death or property damage and reasonable attorney's fees and litigation expense.
Ninth: The parties may delegate the rights granted to them in this agreement to any
municipal authority or private company;provided that such entity(a)agrees to comply with the
6
Page 43 of 108
obligations imposed upon that party hereunder and (b) maintain insurance policies satisfactory
to both the Town and the Village with respect to which it names both the Town and the Village
as additional insureds. The party making the delegation continues to be responsible to perform
those obligations if that entity fails to do so.
Tenth: (a) A notice that is required or may be given under this agreement must be in
writing. An electronic communication shall be considered a "writing".
(b) A notice shall be deemed to have been made either (i) on the day that it is hand
delivered or sent electronically to the other party and a person who is entitled to a copy of the
notice or (ii) on the first business day after it is sent, if it is sent by a reputable overnight courier
or (iii) on the third business day after it is mailed, if it is mailed by certified mail, return receipt
requested. The addresses of the parties and the names of the persons who are entitled to receive
a notice or a copy of a notice("addressees") are:
If the Town: Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
Att:Town Administrator
With a copy to: Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
Att: Town Attorney
If the Village: Village of Mamaroneck
123 Mamaroneck Avenue
Mamaroneck New York 10543
Att: Village Manager
With a copy to: Village of Mamaroneck
123 Mamaroneck Avenue
Mamaroneck New York 10543
7
Page 44 of 108
Att:Village Attorney
or to such other address that an addressee shall have specified in a notice to the other addressees.
(c) The requirement to give twenty (20) business days' notice contained in paragraphs
Third (g) and Sixth (d) (i) and the requirement that notice be in writing shall not apply if an
emergency exists. If an emergency occurs, the party giving notice shall be required only to give
or to attempt to give such notice to the other party as it can, based upon the exigencies then
existing before performing the work necessary to end the emergency.
Eleventh: The failure of either party to insist upon the strict performance of, or to
commence an action to enforce any provision of this agreement shall not be construed as a waiver
of the right to do so should a breach of this agreement occur subsequently.
Twelfth: Whenever required or appropriate, words in the singular number shall be
construed as if they were in the plural number and words of one gender shall be construed as if
they were in either of the other two genders.
Thirteenth: If any court determines that a portion of this agreement is invalid, illegal or
unenforceable, the remaining provisions shall remain in effect.
Fourteenth: This agreement constitutes the entire understanding between the parties
regarding the subject matter contained herein. The parties acknowledge that there have been no
representations, warranties, covenants or understandings other than those expressly set herein
and that all prior agreements between the parties regarding the subject matter contained herein
-whether oral or written-are merged into this agreement and do not survive it as this agreement
expresses their entire understanding on the subject matter contained herein.
8
Page 45 of 108
Fifteenth This agreement shall be governed by and construed in accordance with the
laws of the State of New York without regard to principles of conflicts of law.
Sixteenth: This agreement may only be changed by a writing executed by a duly
authorized representative of each party.
Seventeenth: This agreement may be executed in one or more counterparts,each of which
shall be considered an original. Facsimile signatures or signatures that are transmitted
electronically shall be considered original signatures.
Eighteenth: Except to the extent permitted by paragraph Ninth, neither party shall have
the right to assign,transfer,convey,pledge or encumber his rights under this agreement.
In Witness Whereof, the Town and the Village have agreed to the terms and conditions
set forth therein.
Town of Mamaroneck
By:
Stephen V.Alfieri,Town Administrator Date:
Village of Mamaroneck
By:
Jerome Barberio,Village Manager Date:
9
Page 46 of 108
Certificate of Authorization
I, Christina A. Battalia,certify that(a) I am the Town Clerk of the Town of Mamaroneck, a
municipality existing under the laws of the State of New York,(b)Stephen V.Altieri,the person who
signed this Agreement on behalf of the Town of Mamaroneck("Town"), is the Town Administrator
of the Town, (c) Mr. Altieri was authorized by the Town Board of the Town to execute this
Agreement on behalf of the Town and(d)such authority was in full force and effect when Mr.Alfieri
executed this Agreement on behalf of the Town.
Christina A.Battalia,Town Clerk
Certificate of Authorization
I, Augustino A. Fusco, certify that (a) I am the Village Clerk-Treasuer of the Village of
Mamaroneck,a municipality existing under the laws of the State of New York, (b)Jerome Barberio,
the person who signed this Agreement on behalf of the Village of Mamaroneck ("Village"), is the
Village Manager of the Village, (c) Mr. Barberio was authorized by the Board of Trustees of the
Village to execute this Agreement on behalf of the Village and (d) such authority was in full force
and effect when Mr.Barberio executed this Agreement on behalf of the Village.
Augustino A. Fusco,Village Clerk-Treasurer
Prep'd:September 11,2020
10
Page 47 of 108
Page 48 of 108
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OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
svaltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Draft Budget Administration Policy
Date: September 17,2020
Attached is a proposed policy for the preparation and administration of the Town Budget,
prepared by the Comptroller and me. While we tend to think of the budget primarily during its
preparation there is the day-to-day administration of the budget that takes place after the Town
Board adopts it. This policy looks to streamline the administration of the budget while
maintaining sufficient accountability for budget transfers that take place throughout the year.
The need for the policy is so that we can clarify for the Board and the staff the guidelines for
preparing the budget but also for the transfers made throughout the year. Included in the policy
is guidance for transfers in both the operating budget and capital project accounts. Established in
the policy proposal are the monetary limits of transfers permitted with approval of the
Comptroller and Town Administrator. Beyond those limits, transfers must be submitted to the
Town Board for approval.
The policy is on the agenda for review with the Board at our September 23 work session.
Stephen V. Altieri
Town Administrator
Page 50 of 108
TOWN OF MAMARONECK
BUDGET POLICY DRAFT
September 2020
Purpose
This policy establishes guidelines to develop, prepare and administer the Town's annual budget and to
promote sound fiscal planning based on comprehensive historical and current economic data.
Policy
Balanced Budget
The Town shall annually prepare an itemized operating budget for each fund. The annual operating budget
shall present proposed revenues and expenses for each operating budget account. The budget will be
balanced with revenues equal to or greater than current expenditures. In any fund in which expenditures
exceed revenue, fund balance and reserve balances may be used to meet shortfalls to the extent available.
The annual operating budget process and format shall be performance based and focused on goals,
objectives and performance indicators. In accordance with §106 of Town Law, a Tentative Budget must be
submitted to the Town Clerk,Supervisor and Town Board on or before October 30th of each year.
Upon completion of the review of the Tentative Budget by the Supervisor and Town Board, a Preliminary
Budget shall be prepared. The Preliminary Budget shall be the subject of a public hearing that shall take place
no later than December 15. A notice of the public hearing shall be posted no later than five (5) days prior to
the date of the hearing. The content of the Preliminary Budget shall be in the format prescribed by the State
Comptroller in accordance with §107 of Town Law.The Town Board adopts an annual budget for each fund
based on budget requests submitted by each Department Director who have accurately identified and
justified their fiscal needs as part of the annual budget process. The Budget must be adopted by resolution
of the Town Board no later than December 20th of each year.
Operating Budget
Budget transfers are a useful and necessary management tool that permits reallocation of funds within the
budget in order to respond to changing circumstances, unanticipated needs and price increases.
Department Directors are authorized to request the Comptroller to transfer operating budget appropriations
from one line item to another within the same fund.
Department Directors may request transfers of funds from full-time salaries budget accounts to or from part-
time salaries, benefits or utilities. Department Directors may not request transfers from full time or part
time salary accounts into equipment or contractual expense accounts.
The Comptroller, after reviewing the necessity of the transfer and that funds are available, is authorized to
complete transfers within departments from one line item to another in the operating budget and transfers
of up to$5,000 between departments.
Budget transfers between departments in the operating budget between $5,001-$10,000 requires both the
approval of the Town Administrator and the Comptroller.
1IPage
Page 51 of 108
TOWN OF MAMARONECK
BUDGET POLICY DRAFT
SEPTEMBER 2020
Policy (Continued)
Operating Budget(continued)
Budget transfers of more than$10,000 require the approval of the Town Board except for year-end transfers
that are required to close the Town's accounting records. Year-end transfers require the Comptroller's
approval.
Capital Budget Transfers
Department Directors are authorized to request the Comptroller to transfer capital project budget
appropriations from one project expense line item within the same project.
The Comptroller,with the approval of the Town Administrator after reviewing the necessity of each transfer
and that funds are available, is authorized to complete transfers from one object code to another for the
same project or purpose.
The Comptroller is authorized, with the approval of the Town Administrator to transfer up to $20,000 of
remaining Capital Budget appropriations for completed projects funded with the Town's fund balance to
other projects requiring funding. The transfer must be between projects in the same Town Budget Fund.
Remaining balances will be returned to the original funding source.
Any portion of bond proceeds, inclusive of premiums, that is not expended for the purpose for which the
bond was issued must be applied only to the payment of the principal and interest on such obligations
respectively and cannot be transferred to a different project in accordance with GML §165 of the Local
Finance Law.
Budget Amendments
Amendments to the Town's adopted operating budget require an approval by Town Board resolution and
the Comptroller's electronic approval.
Personal Services Budget
An approval by Town Board resolution amending the operational budget is required to abolish, create and
upgrade positions.
Wage
Paae 52 of 108
TOWN OF MAMARONECK
BUDGET POLICY DRAFT
SEPTEMBER 2020
Budget Administration /Schedule and Procedures
A. Budget Development Calendar Annual budget preparation for the ensuing fiscal year is performed in
accordance with §106 of Town Law as follows:
Months Action
January to March Comptroller closes the books on the prior fiscal year
April Issuance of Audited Annual Financial Report
July Distribution of budget instructions for both Operating & Capital
Budget to Department Heads
August Submission of capital budget requests to Town Administrator
and Comptroller
September Submission of operating Budget requests to the Town Administrator and
Comptroller
Departmental work sessions scheduled to review budget submissions
October Submission of Tentative Budget to the Town Board no later
than October 30
Preliminary Review of Tentative Budget no later than
November 10
November Departmental operating and Capital Budget Review with the Town
Board
Submission of Preliminary Budget to Town Board
December Budget Hearing for Preliminary Budget before December 15th
Final Adoption of 2020 Budget no later than December 20th
B. Budget Transfer Requests
For internal control purposes, budget transfers of$5,000 or less require an email request from the
Department Head to the Comptroller. Comptroller will confirm funds are available and enter transfer into
the financial system.
Budget transfers of$5,000-$10,000 requires an email request from the Department Head to the Town
Administrator and Comptroller.The e-mail request must specify the amount and reason for the transfer.
The Comptroller will confirm funds are available and enter transfer into the financial system upon written
approval of the Town Administrator.
3IPage
Paae 53 of 108
TOWN OF MAMARONECK
BUDGET POLICY DRAFT
SEPTEMBER 2020
Budget transfer requests of more than $10,000 require an approved Town Board resolution:
1. Department Heads must submit a memorandum to the Town Administrator explaining the
reason for budget transfers of more than $10,000 in the electronic board agenda system.The
Comptroller will review, provide financial information required and work flow to the Town
Administrator for inclusion on the Town Board Agenda.
2. Upon Town Board approval,the Comptroller's office will enter the transfer electronically,
release and post it in accordance with the approved resolution.
C. Personal Services Budget
The addition or removal of full time positions from the budget requires an approval from the Town
Administrator:
1.The Department Director may submit a written position change request to the Deputy Town
Administrator explaining the purpose of the personnel action.
2.The approved request will be submitted to the Town Board for approval. .
3. Upon approval by the Town Board, the request will be submitted to the Town Administrator's
office and the Comptroller for processing and budget amendment.
D. Post Budget Adoption Monitoring
Department Heads are responsible for effectively monitoring their operations to ensure that actual results
meet budget expectations. Department Heads should immediately take all necessary actions to address and
remedy negative budget variances, including requesting budget transfers. The Comptroller monitors
budget variances and will meet or discuss with Department Heads as necessary.
Monthly budget reports of revenues and expenditures will be submitted to the Town Administrator for
review
E. Quarterly budget reports will be provided to the Town Board and submitted in the electronic Town Board
Agenda system.
Wage
Paae 54 of 108
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Town of Mamaroneck
,f m Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
Memorandum svaltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
To: Supervisor and Town Board
Re: Westchester County Mobility Focus Group
Date: September 18, 2020
The Supervisor and I have been invited to participate in a focus group sponsored
by the County's Department of Transportation. The purpose of the focus group is
to assist the County in looking at new trends in transportation and mobility in an
environment that now includes Uber and Lyft. Also to look at ways for residents
to use their cars less and public transportation more.
Attached is a preliminary fact sheet distributed to the focus group. We would like
discuss this briefly with the Board to include any ideas you may have on this issue.
/" Stephen V. Altieri
Town Administrator
t.It Printed on Recycled Paper
Page 55 of 108
Westchester County
Mobility & Transit Plan
Improving Mobility Our Goals
Westchester County is embarking on a study to
better align the county's mobility network with Design a high-performing,
the needs of its residents, workers, and visitors. - reliable, and easy-to-understand
This study will examine the region's transportation transportation system.
systems, demographics, employment trends,
mobility conditions, and other factors to
understand how well the network matches
existing travel needs, and identify opportunities to
strengthen it and meet future needs. ~I "� Create a suite of service options
Jfor Westchester's many travel
How Will We Get There? markets.
Analyze the
1
Regional Market
R * Provide an equitable and socially
''r
just transportation network for all
se users
2 Public & Stakeholder
Engagement114
111
Develop Scenarios ❑ ❑ Learn more & get involved
3 and Build a Final Plan
�Rwww.WestchesterMobility.org
Project Timeline piN Sign up for email updates
The Westchester County Mobility & Transit Plan Participate in virtual and in-person
began in Spring 2020 and will be completed by public meetings
Summer 2021.
Project Kickoff Project Completion gProvide your comments and tell us how to
improve mobility in Westchester County
Spring 2020 Summer 2021
Paae 56 of 108
F "y
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o Town of Mamaroneck
111
W -'fi m Town Center
x 740 West Boston Post Road,Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
svaltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Affordable Housing/Floor Area Ratio Review
Date: September 18, 2020
The scope of the upcoming Comprehensive Plan includes a review of affordable
housing. Likely the review will include further efforts the Town can undertake to
provide more affordable housing. Previously, the Town's efforts in regards to
affordable housing have included re-zoning the Boston Post Road to provide
residential and mixed use residential/commercial development. The Town also
adopted the Model Housing Ordinance. The ordinance requires that developers of
new multi-family developments of more than ten units set aside 10% of the units as
affordable for those earning 80% or less of Westchester County's median income.
In addition, the Town's Section 8 Housing Voucher Program is another
opportunity to offer affordable rental housing to the community.
Aside from the Comprehensive Plan, the discussion of affordable housing is
brought up now for a couple of reasons. First, some will recall the Westchester
County Housing Settlement issue involving a Federal monitor that reviewed both
the County and local government efforts to provide affordable housing. After all
this time, the matter is still pending and there is a new federal monitor. The
monitor is scheduled to issue a revised report in November. At the Town Board's
October 7 meeting. The Westchester County Planning Commissioner Norma
Drummond will join us to discuss the status of the Housing Settlement and the
potential implications to the Town of Mamaroneck.
There is however, another avenue that can be considered for affordable housing
and that is the size of new homes constructed in Town. This was raised during the
rock removal review. Currently, older housing stock in the Town's R-6 and R-7.5
zones is largely made of up of smaller homes in the range of 1,800 to 2,500 square
feet. With the surge in the housing market and the desirability of the
Mamaroneck/Larchmont communities, developers have been constructing much
larger homes in these zones where the size of the lot permits.
i, Printed on Recycled Paper
Page 57 of 108
Of course, with housing prices as they are in the Town even if the FAR is lowered
to maintain these smaller homes, it would be unlikely that the pricing would make
them affordable under the County's income standards. However, perpetuating an
inventory of homes in the range of 1,800 to 2,500 square feet could develop a form
of starter home for buyers.
Stephen V. Altieri
Town Administrator
Page 58 of 108
THIS ITEM HAS NO ATTACHMENT
THIS ITEM HAS NO ATTACHMENT
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: 2020 Revision of the Mechanical Rock Removal Law
ATTACHMENTS:
1 . Public Notice
Paae 61 of 108
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the
State of New York, and further pursuant to Executive Order No. 202.1 Suspension of
Article 7 Public Officers Law, and pursuant to a motion by the Town Board on September
9, 2020 this Public Hearing will be adjourned until Wednesday September 23, 2020 at
8:00 PM PM or as soon thereafter as is possible, to consider "2020 Revision of the
Mechanical Rock Removal" Law, telephonically from the Town Center, 740 W. Boston
Post Road, Mamaroneck, New York.
Join the webinar Zoom meeting via the link provided on the Meeting Agenda and on the
Town Board meeting notice issued prior to the meeting. Or you may comment by writing
to publicqc@townofmamaroneckny.org and viewing from LMC Media's website
https://Imcmedia.org/ or local municipal access television (Cablevision (Optimum) 76 or
Verizon (Fios) 35).
Purpose:
The Town Board continues to monitor the impact of pulverizing and removing rock by
mechanical means upon the health, safety and welfare of the Town's residents with a
goal of balancing people's right to develop their properties with a neighborhood's right
to tranquility, to the extent possible. Among the concerns that have arisen are the need
to mitigate the spread of dust and other particulates during both from drilling and
pulverizing rock and its removal from the site, and the need to decrease the number of
hours per day when such activities may take place. This revision in the law furthers the
goal.
The full text of this document can be viewed on the Town's website,
https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's
Office at 914-381-7870,for a mailed copy.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published:
Page 62 of 108
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Fire Claims
ATTACHMENTS:
1. Fire Claims- September 2020
Paae 63 of 108
Town of Mamaroneck
From: Tracy Yogman -Town Comptroller
Re: Fire Claims
Date: September 23, 2020
The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russo and
submitted to the Comptroller's Office for payment:
VENDOR DESCRIPTION Amount
AAA Emergency Supply Co. 58 liter 4 gas mixture 225.00
Bound Tree Medical LLC Medical Supplies 108.00
Dival Safety Equipment Tubing kit,gas monitor calibration/repair 195.78
Grainger Saw blade set 61.00
Iron Compass Map Co. OnScene Xplorer Software Subscription 9/2020-8/2021 1,950.00
KVI Uniforms&Equipment, Inc. Tees, Polos,shorts, lettering,job shirts, pants 3,532.73
Original Energy(Robison) Oil for Generator re-fuel 406.24
Schufire Annual Hose/dry-vacuum testing 3,979.66
UniFirst Corp. Cleaning supplies 9/04,9/11/2020 174.21
Verizon TMFD 300M Fios Redundant Circuit 7/26-8/25/2020 266.98
Verizon TMFD 300M Fios Redundant Circuit 8/26-9/25/2020 266.98
Verizon Fire HQ service 8/10-9/9/2020 266.94
Villa Maria Pizza Food for Department Drill- Brush Fires 9/2/2020 17.40
Villa Maria Pizza Food for Department Drill -8/18/20,Tropical Storm Mgmt.8/5/2020 119.71
Westech Elevator Services Maintenance-September 2020 175.00
Total $ 11,745.63
Paae 64 of 108
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Other Fire Department Business
ATTACHMENTS:
1 . THIS ITEM HAS NO ATTACHMENT
Pape 65 of 108
THIS ITEM HAS NO ATTACHMENT
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Appointment - Coastal Zone Management Commission
ATTACHMENTS:
1. Reappointment - Member, Coastal Zone Management Commission
Pape 67 of 108
-Fp o Town of Mamaroneck
Town Center
•FOUNDED 1661 . 740 West Boston Post Road, Mamaroneck, NY 10543-3353
TEL: 914/381-
7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
townadministrator@townofmamaroneck.org
Memorandum
To: Supervisor &Town Board
Re: Reappointment— Member, Coastal Zone Management Commission
Date: September 18, 2020
The recommendation to the Town Board is to reappoint Kanan Sheth as member number 5, a
Town representative to the Coastal Zone Management Commission. Her new term on the
Commission would be from 8/2020 until 7/2023.
Stephen V.Altieri
Town Administrator
Page 68 of 108
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Authorization - IMA Village of Mamaroneck - Hommocks Road Sewer
ATTACHMENTS:
1 . See Worksession Packet
Paae 69 of 108
See Worksession Packet
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Amendment to Town Administrative Manual - Budget Administration Policy
ATTACHMENTS:
1 . See Worksession Packet
Paae 71 of 108
See Worksession Packet
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Ratification - Stipulation of Agreement - CSEA Collective Bargaining Agreement
ATTACHMENTS:
1. CSEA Stipulation of Agreement 2021-2024
Paae 73 of 108
47
o� �o Town of Mamaroneck
z
= t _ (, Town Center
DED tEEt •D i z
I:D
FOU740 West Boston Post Road, Mamaroneck, NY 10543-3353
TEL: (914) 381-7812
OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809
cgreenodonnell@townofmamaroneckny.org
TO: Stephen Altieri, Town Administrator
Nancy Seligson, Town Supervisor
Town Board Members
FROM: Connie Green O'Donnell, Deputy Town Administrator
DATE: September 18, 2020
SUBJECT: Town of Mamaroneck and Local 1000 Civil Service Employees Association-
Stipulation of Agreement
Attached is the proposed Stipulation of Agreement for the renewal of the collective
bargaining agreement between the Town and Local 1000 Civil Service Employees
Association (CSEA), covering the period January 1, 2021 through December 31, 2024.
The current agreement expires on December 31, 2020. Negotiations commenced in July
and a proposed settlement was reached earlier this month.
The CSEA currently consists of twenty-one (21) full-time employees who work in the
Highway Department and Central Garage and thirty (30) employees who provide
clerical and administrative support in the Town offices.
Noted below are the proposed changes to the current agreement, which would be in effect
for the contract period January 1, 2021 through December 31, 2024.
The Highway Department and Central Garage work hours would be adjusted.
Currently the employees work Monday through Friday, 7:00 am to 3:30 pm. It is
being proposed that from Memorial Day until Labor Day, the hours would be 6:30
am to 3:00 pm.
The following salary schedule would be as follows.
May 30, 2021 1.75%*
January 1, 2022 1.75%
January 1, 2023 2.00%
January 1, 2024 2.25%
*The effective date coincides with beginning of the payroll period.
Page 74 of 108
'r It would be mandatory for CSEA employees to have their paychecks directly
deposited into their checking and/or savings account(s) by electronic funds
transfer (EFT).
ACTION REQUESTED:
That the Town Board approve the terms of the Stipulation of Agreement between the
Town and Local 1000 Civil Service Employees Association for the period January 1, 2021
through December 31, 2024 and authorize the Town Administrator to execute the
agreement.
Page 75 of 108
Stipulation of Agreement
Stipulation of Agreement made and entered into this 10t day of September 2020 by
and between the negotiating committees for the Town of Mamaroneck and the Civil
Service Employees Association, 1000 AFSCME, AFL-CIO Westchester Local 860.
Whereas, the parties have engaged in negotiations in good faith and in an effort to
arrive at a successor agreement to a contract that expires on December 31, 2020
and;
Whereas, the parties have arrived at a tentative agreement;
Now, therefore, in consideration of the mutual covenants contained herein, the
parties hereby stipulate and agree as follows:
I. The provisions of the stipulation are subject to ratification by the
respective parties to the agreement.
II. The respective negotiating committees agree to recommend this
stipulation for ratification to their respective parties.
III. A copy of this stipulation has been furnished to representatives of both
parties.
IV. All proposals not covered herein made by either party during the course
of negotiations shall be deemed withdrawn.
V. The provisions of the prior agreement shall be carried forward except as
modified in this stipulation.
VI. Unless otherwise noted, all dates involving the duration of the agreement
shall conform to the duration of the negotiated agreement.
ARTICLE 8 -HOURS OF WORK
Amend Section lb.
b) Highway Department: Monday through Friday, 7:00 a.m. to 3:30 p.m. with one
half(%a) hour lunch, except from Memorial Day until Labor Day, 6:30 a. m. to 3:00
p.m. with one half(%a) hour lunch. There shall be allowed two (2) fifteen (15) minute
coffee breaks per day for the Highway Department. At the Town's discretion, it may
designate the time of day the coffee break is to be taken.
ARTICLE 22 - SALARY AND WAGE ADMINISTRATION
Amend Section 3:
Effective May 30, 2021, each step of the salary schedule in effect shall reflect a one
point seventy-five percent (1.75%) increase.
1 Page
Page 76 of 108
Effective January 1, 2022, each step of the salary schedule in effect shall reflect a one
point seventy-five percent (1.75%) increase.
Effective January 1, 2023, each step of the salary schedule in effect shall reflect a two
percent (2.00%) increase.
Effective January 1, 2024, each step of the salary schedule in effect shall reflect a
two-point twenty-five percent (2.25%) increase.
Add Section 10 to read:
Employees will have their paychecks directly deposited into their checking and/or
savings account(s) by electronic funds transfer (EFT). This would apply to all
payments issued by the Town to employees including, but not limited to, bi-weekly
salary, overtime, longevity, stipends, clothing allowance, etc. Employees will be
able to designate their financial institution(s) for direct deposit.
ARTICLE 25 - DURATION
Amend Pt sentence Section 1. This Agreement shall be in effect on January 1, 2021
and shall remain in effect through December 31, 2024.
It is understood that the foregoing is subject to ratification by the CSEA membership
and approval of the Town Board.
TOWN OF MAMARONECK C AFSCME
•tephen V. Altieri ChristopIiiGonch
Town Administrator CSEA Unit President nn
us
Connie Green O'Donnell Yala Alonzo
Deputy Town Administrator CSEA Labor Relations Specialist
21Page
Page 77 of 108
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Authorization - Unmet Need State Funds Contract for III-B Transportation Overserved
Services: PY 2019-2020
ATTACHMENTS:
1 . Unmet Need State Funds Contract for III-B Transportation Overserved Services PY 2019-2020
Paae 78 of 108
• • lestel-
71j COM
George Latimer
County Executive
Depart muni of Senior I'mgriun and Service„
blot'('nrpenter
Corn miss'oner
June 25, 2020
Ms.Anna Danoy
Director of Community Services& Housing
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
RE: Unmet Need State funds Contract for III-B Transportation Overserved Services: PY 2019-2020
Dear Ms. Danoy:
The New York State Office for the Aging(NYSOFA)has awarded an Unmet Need grant to the County of
Westchester to fund those services reported by the Department of Senior Programs and Services as having
unmet needs. To that end, please find attached to the e-mail that was sent with this letter a blank copy of the
Unmet Needs contract for overserved transportation services that were provided under the Title III-B
executed contract that covered the program period beginning on April 1, 2019 through March 31, 2020. The
Unmet Need contract is comprised of an Agreement and Schedules"A", "B", 'C", 'D"and "E". State funding
will be in an amount not-to-exceed $22,952. It should be noted that the Board Act authorizing the County to
enter into agreement with the Municipality has not been approved. This means that Commissioner
Carpenter cannot sign the agreement until approval has been granted.
You MUST use the original electronic contract documents that we have provided. NO ALTERATIONS may
be made to the contract without the prior consent of the Dept. With the exception of the applicable Excel
Pages, DO NOT fill out the contract electronically as we want to maintain the integrity of the
document. Non-compliance with these requests will result in the contract returned to your agency. We also
recommend that you keep a blank copy of the contract in the event that you need to reprint a page.
Print a copy of the contract and fill it out making sure that where signatures are required on all documents
that they are original. Contracts with COPIED signatures are unacceptable.We also suggest that you keep a
completed copy of the contract for your records. Return the ENTIRE completed originally signed agreement
and all supporting schedules to me at the address in the footer below.
Please refer to the'Standard Insurance Provisions"on pages 1 to 2 of Schedule "A"for detailed information
regarding ALL required insurances. Contracts will be on hold pending receipt of any missing insurance form.
0 South First Avenue.10th Floor
Mount Vernon.New Turk 10560-3411 Telephone: (914)813-6100 Fax: (81418134399 Website: ww.weslchestergoy.com
Page 79 of 108
Remember to list the County of Westchester as an Additional Insured on the Certificate of Liability Insurance
NOT the Department of Senior Programs and Services. ALL required insurances should be submitted with
the contract, or the contract will be on hold pending receipt of these documents.
The Municipality is required to mail in the completed PeerPlace MONTHLY REPORT signed by the staff
member responsible for the report. The reports should be received by the County no later than the tenth
(10th)day of the following month. The County reserves the right to withhold payment to Municipality for its
failure to submit the monthly report by the deadline,until the monthly report is received by the County.
Please direct program related questions to your program liaison Meleita Jones at 914-813-6420. Questions
pertaining to the processing of the contract should be directed to me at 914-813-6058.
Sincerely,
LSk ,v— (A)41.4
Sharon Johnson
Program Administrator
Paae 80 of 108
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Authorization - Health Department Permit for The Home Delivered Meals Program
Authorization - Health Department Permit for the Senior Nutrition Plan
ATTACHMENTS:
1 . Authorization - Health Department Permit for the Home Delivered Meals Program
2. Health Department Permit for Senior Nutrition Program
Paae 81 of 108
\'\€stchestei'
:gun,.,
l
',minty I•:uruute
Stu•,ittn a r. 114 IBJ !YI AIM
t •„H n,,.r, r ni.•.titn
PERMIT RENEWAL FOR FOOD SERVICE ESTABLISHMENT OWNERS AND OPERATORS
Please be advised that your permit to operate a food service establishment expires soon.
According to provisions of Section 873.301 of the Westchester County Sanitary Code, applications
must be received not later than 60 days prior to the date of expiration. In order for you to
continue to operate your business, you are required to do the following:
1. Submit your "Renewal Application for a Permit to Operate”
Answer all questions, and do not leave anything blank. Please include your email contact
information. Be sure to date and sign application. Please do not detach or attempt to
reassemble the forms for any reason as this will delay processing. Change any information that is
incorrect. Note: If the owner's name that appears on the Renewal Application is not yours, or if
ownership has changed even if by "name"only, you cannot use this form. Please contact your
Regional Office,for instructions and an original application.
2. Worker's Compensation/Disability Insurance
SEE PAGE 2 OF THE RENEWAL APPLICATION FOR ACCEPTABLE FORMS. Any questions
concerning the forms or procedure should be directed to the local NYS Workers' Comp Board
Office or the Bureau of Compliance, NYS Workers'Comp Board at 518.486-6307. If you do not
provide Worker's Compensation or Disability Insurance, you are required to submit Form CE-200,
which can be done online at www.wcb.nv.gov.
3. Corporate Ownership
If ownership of the business is a corporation, you must file the enclosed "Certificate of
Resolution". The person who signs the Renewal Application must be the same person named and
authorized in the Certificate of Resolution. The corporate seal must be affixed to the document.
If your corporate officers have changed since you last filed your application, submit a list of
names and addresses of the new corporate officers.
4. Source of Food Supply Form and Food Managers Certification Course
Answer questions concerning your major food suppliers and the Food Managers Certification
Course. The Westchester County Sanitary Code mandates that all operators of food service
establishments attend an approved Food Managers Course and re-certify every five (5) years. If
you have any questions concerning this requirement, contact your Regional Office.
(over)
r! 1 t
ti
t �:J RECYCLE
Page 82 of 108
•
5. A,Rtkatlon Fee
Every application for a permit shall be accompanied by a NON-REFUNDABLE application fee as
specified on the renewal- see"Total Fee Due" printed on Renewal Application for a
Permit to Operate.
Applications that are received after the permit expiration date will
incur a $100.00 late fee. In addition, Operators may be subject to
closure and legal action with additional fines.
Cash Payments are NOT Accepted
Please make checks or money orders payable to:
WESTCHESTER COUNTY HEALTH DEPARTMENT
f3E SURE APPLICATIONS ARE COMPLETE
T
SUBMIT ALL REQUIRED PAPERS PROMPTLY TO AVOID DELAY
Return the completed application and all Supporting documents to:
Westchester County Health Department
Bureau of Public Health Protection
25 Moore Avenue
Mount Kisco, NY 10549
(914) 864-7330.
•
•
•
Page 83 of 108
Permit
Rm Operate
Westchester County Department of Heed
Application
Business I Location Information (Please modify only N Information has changed.)
Business
Name MEALS ON WHEELS- T. MAMA /V. MAMA Facility Code:01-M093-A
Address 740 WEST BOSTON POST ROAD Business Phone (914)381-7840
MAMARONECK,NY 10543 - Business Fax ( J •
Location Vdlage of MAMARONECK Business Website
County WESTCHESTER Business Email anowiln-dawneyetownotmamaroneck.orp
MaaTo
THE TOWN OF MAMARONECK Permit Number Of-M083-A
ATTN. COMM. SERVICES OFFICE Permit Expiration Date
740 W. BOSTON POST RD. November 30, 2020
MAMARONECK, NY 10543
- Fee Exempt
Permitted MEALS ON WHEELS-T. MAMA.I V. MAMA.I V. LARCH. Operation ID: 687265
Operation SOFA Food Service-SOFA Prep SiteStats Office for the Aging
In Operation: • Year-Round 0 Seasonal If Seasonal: Expected Opening Date Expected Closing Date
Capacity: 9 Mon4►Uay Mon hfoay
Days/Hours or Operation:
Permit Applicant Information (Please modify watt Information has changed.)
J-egal Operator or Operetta!Corporation: THE TOVOV OF MAMARONECK
Person in Charge TOWN ADMINISTRATOR STEPHEN ALTIERI
Vol kag: Mi Lew
Address ATTN COMM. SERVICES OFFICE 740 W.BOSTON POST RD.
Crty,State,Zip MAMARONECK Ary 10543-
Primary Phone (914)381-7840 Ext ❑ Cell Fax (914)381-7855 Emergency Contact (_]
Other Phone ( ) - Ext ❑ Cell E-mail adanoytptownofmarneruneckny olg
Location Owner, THE TOWN OF MAMARONECK
Address ATTN. COMM. SERVICES OFFICE 740 W BOSTON POST RD.
City,State,Zip MAMARONECK NY 10543-
Prtmary Phone (914)381.7840 Ext 0 Call Fax (914)381-7855 Emergency Cantata ❑
Other Phone ( ) - Ext ❑ Coe E-mail adenoy@lownohnamaranechnyag
Papa l or 2 Fuggy rWmarCoos MEALS ON YMffLLS•T MAMA I V MAMA 0/.093-A pa dJIH
Page 84 of 108
Permit t°Operate Westchester County Department of Health
Renewal Application
Workers'Compensation and Disability Insurance n
Subrrm`i copies at the following documentation with the apptcadon to document camp'.iance wxh the Worker's Compensation tarn.
A.Workers Compensation and Disability Insurance Coverage is PROVIDED
ttarhingtamasoaatan
Form C-105.2-Certificate of Worker's Campenseion Insurance OR
Form U-28.3-Celt/tabs of Workers'Compensation Insurance OR
Form SI-12-Certtl*cate of Workers'Compensation Se-insurance OR
OSI-1052-Certificate al Participation In Workers'Compensation Group Sedanaurance
AND
ntlAgitliktritral
DB-120.1 -Certificate of Disability Benefds OR,
Form DB-155-Certificate of Disability Benefits Self-tnsurance
8.Workers Compensation and Disability Insurance Coverage is NOT PROVIDED
Form CE-200-Certificate of Attestation of Exempt'on from NYS Workers'Compensation and/or Disabilty Benefits Coverage
Return Completed Application
Please return completed application to: Westchester County Department of Health
Make checks payable to"Westchester Mount Klsoo Central Office
County Department of Health` and 25 Moore Avenue
include the permit number. Mount Kisco NY 10549
(914)8647330 Fax: (914)813-5970
Signature of Individual Operator or Authorized Official(Entire section must be completed by all applicants.)
I would lIke to receive information and officialce related to this permit at the mail address below. (Yes✓Ko_)
a� ®t°LOVl d f Mamure_ nrcKhy,oYy
"Operation without a valid permit is a violation of New York State Law and/or State Sanitary Code."
Signature
•
Print Name b5tC (.t4K V• Ai hei/7 Tile Main 1't f Date
FOR OFFICE USE ORLY
Permit Issuance room/ne dad? ❑res ❑rte Perot tie Data Perrot Exptraean taste
Conatian of approval
Slartistas Date
Papp 2 al a Faddy katordxls WKS OU WNEEL8-T MAMA I V MAMA Ort 00.A (west)
Page 85 of 108
CE RTIFIC.Al E OF RESOLUTION
FOR AUTHORIZATION
Hie Undersigned.
Nance of Corporation T()Lf,'/7 et Manlet- .)/tie/L .a corporation
Duly organved and%andl) costing under the loos of(State) AJ
IIereb} certifies that the rolloo ing resolution t%as July adopted by She Board of Directors.of said
Corporation.at a meeting duly called and held on the day of
2tl
Ile d resoked that the Hoard of Directors.or President Jr there is no Board of Directors.of!Name of
Corporation) int /p(/'/Gc/111 1 ),14Y
With offices at •• ► I'' ' ' e(� L/)1 1/U /)IGI1)1 1ZUi(s,.-•t N , Ic�Sy3
Hereby authorvcs(I anteU �ifpeerson authori,cd) ��? U. 4f-he'd/
fo ececute and delver to the Westchester County Department of I lealth.for and on behalf of said
:orporation. and application I'er acrmit to operate a(t}
P De pe of operation)
The's(/S077 6c ltl. /S TTCLLY ti/ 1)14 III Wit_.c(,(,rGi/M0�
it,c%ccutc and deli%er any and all additional documents %%hick may he appropriate or desirable in (LI/'i' ,/lr•11
tl+nnccuun therm lth
the ondcrsigned further certifies that said resolution has nut been re%oked. rescinded or modified and
moat's in full force and effect on the date hereof
•
In WI!NESS WHEREOF. the undersigned has duly executed this ccnrticatc
1 his - Jas of — — =11 _
UFI'ICLR S sIGNA rURE
ft rLli .111i%Corporate Seal
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i/+mi•Loon i .oil Won n to me to be the-- _ .ii
the turprrati•+n rehired to in the n films I.aiili..ne 1/1
IJ.•NIUIL+m :.h., l'. h. .tail. ,n.n11111J.IeIN+•t• IA•.I. 111.11 I.111C N
. 1 •.tui..+Ipor.w.+n 111.1 hit i, lie •igncd Ins h:r 1.11110 ihcrcia
•.Irl\R', 1•t Ill k.. .. -
+_.ii :.I
•
Pace 86 of 108
WESTCHESTER COUNTY DEPARTMENT OF HEALTH
BUREAU OF PUBLIC HEALTH PROTECTION
Supplement to be Completed as Part of the Application
SOURCE OF FOOD SUPPLY
ITEM FIRM I ADDRESS CITY. STATE
MEAT
*II 744 ' 4vzc Core
FISH I
gap
4 s l!11.
DAIRY t '
- PRODUCTS • NstAk';
e0atai,
CANNED '• •. r
PRODUCTS
BEVERAGES
r �
OTHER
1 I 1
FOOD MANAGER'S CERTIFICATION COURSE (PLEASE PRINT CLEARLY)
Have you taken the Food Manner's Certification course lfd les 0 No
If yes.name or person who took course: phtULIC.41A.A.r.
-_--
Social Security number of person who took course:
Institution where course was taken: .r'e:i-L(-i-4(-
Dateulcourac: 61(q +ti i!fi1(LQIILLS_=11l;1.IJq--- --• . . ... . ._._...- --
•
Pate 87 of 108
ServSa'
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ServSafe®
CERTIFICATION
_ __
___
____.___
STEPHANIE HART. -
For
successfully completing the standards set forth for the Ser/Sale. Food Protection Manager Certification Examination,
which is accredited by the American National Standards Institute(ANSI}—Conference for Food Protection(CFP).
- 5449
• BER EXAM FORM NUMBER '--
9/23/2019 9/23/2024 '--
DATE OF E DATE OF EXPIRATION
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PERMIT RENEWAL FOR FOOD SERVICE ESTABLISHMENT OWNERS AND OPERATORS
Please be advised that your permit to operate a food service establishment expires soon.
According to provisions of Section 873.301 of the Westchester County Sanitary Code, applications
must be received not later than 60 days prior to the date of expiration. In order for you to
continue to operate your business, you are required to do the following:
1. Submit your "Renewal Application for a Permit to Operate"
Answer all questions, and do not leave anything blank. Please include your email contact
information. Be sure to date and sign application. Please do not detach or attempt to
reassemble the forms for any reason as this will delay processing. Change any information that is
incorrect. Note: If the owner's name that appears on the Renewal Application is not yours, or if
ownership has changed even if by "name"only, you cannot use this form. Please contact your
Regional Office,for instructions and an original application.
2. Worker's Compensation/Disability Insurance
SEE PAGE 2 OF THE RENEWAL APPLICATION FOR ACCEPTABLE FORMS. Any questions
concerning the forms or procedure should be directed to the local NYS Workers' Comp Board
Office or the Bureau of Compliance, NYS Workers'Comp Board at 518-486-6307. If you do not
provide Worker's Compensation or Disability Insurance, you are required to submit Form CE-200,
which can be done online at www.wcb.ny.gov.
3. Corporate Ownership
If ownership of the business is a corporation, you must file the enclosed "Certificate of
Resolution". The person who signs the Renewal Application must be the same person named and
authorized in the Certificate of Resolution. The corporate seal must be affixed to the document.
If your corporate officers have changed since you last filed your application, submit a list of
names and addresses of the new corporate officers.
4. Source of Food Supply Form and Food Managers Certification Course
Answer questions concerning your major food suppliers and the Food Managers Certification
Course. The Westchester County Sanitary Code mandates that all operators of food service
establishments attend an approved Food Managers Course and re-certify every five (5) years. If
you have any questions concerning this requirement, contact your Regional Office.
(over)
�: NE(YIF
i is I -I t . t'tt I.
Pane 89 of 101:1
5. Amiication F�
Every application for a permit shall be accompanied by a NON-REFUNDABLE application fee as
specified on the renewal- see "Total Fee Due" printed on Renewal Application for a
Permit to Operate.
Applications that are received after the permit expiration date will
incur a $100.00 late fee. In addition, Operators may be subject to
closure and legal action with additional fines.
Cash Payments are NOT Accepted
Please make checks or money orders payable to:
WESTCHESTER COUNTY HEALT}i DEPARTMENT
BE SURE APPLICATIONS ARE COMPLETE
SUBMIT ALL REQUIRED PAPERS PROMPTLY TO AVOID DELAY
Return the completed application and all Supporting documents to:
Westchester County Health Department
Bureau of Public Health Protection
25 Moore Avenue
Mount Kisco, NY 10549
(914) 864-7330. -
Page 90 of 108
Perm) Operate Westchester County Department of Health
Renewal l Application
Business/Location Information (Please modify only If Information has changed.)
Business
Name TOWN OF MAMARONECK SR. NUTRITION PRO Facility Code:01-M092-B
Address 1288 BOSTON POST ROAD Business Phone (914)834.8840
LARCHMONT.NY 10538 Business Fax ( ) -
Location Town of MAMARONECK Business Website
County WESTCHESTER Business Email
Mair To
THE TOWN OF MAMARONECK Permit Number 01-M092-B
ATTN:: COMM. SERVICES OFFICE Permit Expiration Date
740 W.BOSTON POST RD. November 30, 2020
MAMARONECK,NY 10543- — —
Fee Exempt
•
Permitted TOWN OF MAMARONECK SR. NUTRITION PROGRAM Operation ID: 687267
Operation SOFA Food Service-SOFA Satellite Site-State Office for the Aging
In Operation: • Year-Round 0 Seasonal 1f Seasonal: Expected Opening Date Expected Closing Date
Capacity: 160 Seats M10 YDej M0i a'D
Days/Hours of Operation:
Permit Applicant Information (Please modify only if Information has changed.)
Legal Operator or Operating Corporation; THE TOWN OF MAMARONECK
Person in Charge TOWN ADMINISTRATOR STEPHEN ALTIERI
P.s1 M I. LW
Address ATTIC• COMM.SERVICES OFFICE 740 W.BOSTON POST RD.
City,State,Zip MAMARONECK NY 10543-
Primary Phone (914)381-7840 Ext [J Cell Fax ( ) - Emergency Contact f
Other Phone ( ) - Ext [] Cell E-mail adanoy@lownolmamaroneckNY.org
J-ocation Owner: THE TOWN OF MAMARONECK
Address ATTN: COMM. SERVICES OFFICE 740 W.BOSTON POST RD.
City.State,Zip MAMARONECK NY 10543-
Primary Phone (914)381-7840 Ext ❑ Celt Fax ( ) - Emergency Contact D
Other Phone ( ) • Ext U Cell E-mail adaney@lownolmemaroneckNY.org
•
Pop 1 X12 repay NsnWCeds TOWN OF MAMARONECK SR NUTRITION PRO 01*1052$ paw 4113)
Paae 91 of 108
Permit Application OpcDepartment Westchester CountyDe artment of Health
Workers'Compensation and Disability Insurance f`
Submit copies of the following documentation with the application to document compliance with the Worker's Compensation Law-
A.Workers Compensation and Disability Insurance Coverage Is PROVIDED
Workers Compensation
Form C-105 2-Certificate of Worker's Compensation Insurance OR
Form U-26.3-Certificate of Workers'Compensation Insurance OR
Form Sl-12-Certificate of Workers'Compensation Self-Insurance OR
GSI- 105.2-Certificate of Participation in Workers'Compensation Group Sell-Insurance
AND
Disability Benefits
DB-120 1 -Certificate of Disability Benefits OR
Form DB-155-Certificate of Disability Benefits Self-Insurance
B.Workers Compensation and Disability Insurance Coverage is NOT PROVIDED
Form CE-200-Certificate of Attestation of Exemption from NYS Workers'Compensation and/or Disability Benefits Coverage
Return Completed Application
Please return completed application to: Westchester County Department of Health
Make checks payable to"Westchester Mount Kisco Central Office
County Department of Health" and 25 Moore Avenue
include the permit number. Mount Kisco NY 10549
(914)864-7330 Fax: (914)813-5970
Signature of Individual Operator or Authorized Official(Entire section must be completed by all applicants.)
I would like to receive information and official correspondence related to this permit at the email address below: (Yes'' No_ )
Adanoy @fDwNDart1i nAJ-z nGCitMy -L)tli
"Operation without a valid permit is a violation of New York State Law and/or State Sanitary Code."
Signature
Print Name 64tOkt.41 t✓• ANN. 1 Title ` 1IUJ'1 AcIrm11(5 7t r Date
FOR OFFICE USE ONLY
Permit issuance recommended'? QYes QNo Permit Effective Date Permit Expiration Dale
Conditions of approval
Signature Tele Dale
Pea'2 of 2 F acmty Nrn&Code IOWN OF MAMARONE CK SR HUTHIl1ON PRO 01.14097-B tier 4(13)
Page 92 of 108
•
CERTIFICATE OF RESOLD f ION
FOR AUTHORIZATION
fhe Undersigned. of
Name of Corporation ThLt)YI Of. /11arTILLWaleLk .a corporation
Duly organized and salldl) existing under the lass of(State) /situ.' ' vi-k_
Ilcrcby certifies that the foliossing resolution ss as duly adopted by the Beard of Directors.of said
Corporation.at a meeting duly called and held on the day of _u
Inc nt resolscd that the Board of Directors.or President if there is no Board of Directors.ol'tN,nme of
Corporation) lh[L'1'l ()Ait
O-MIS (. t
With offices at.44 )1'J C/vj1 POSj 14)Q•! l I 1 110 filahl roil C&N 7 /D<U'S
Ilcreby authorizes(Name if person authorized) 14 2kLi1 i/, t#1 J1
ro execute and dells cr to the Westchester County Department of Ilcalth.for and on behalf of said
corporation.and application for a permit to operate a(t}pe of operation).
12)/.01")D/-/774.nna r brli' ,LSbver Nuhi hf tzykapN
an execute and delis er any and all additional Jocurnenls ss hick nias be appropriate or desirable in
connection therm ith
fhe undersigned further certifies that said resolution has not been resoked.rescinded or Inoditied and
remains in lull force and elTcct on the date hereof
In WITNESS WIIEREOF. the undericneJ has duly executed this cent icatc
nos tills of . 21)
OFFICER S SIGNATURE
II fLE .‘ fix Corporate Seal
\(.KN()WI.FINILMI Ni
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' 1
Page 93 of 108
W ESTCHESTER COUNTY DEPARTMIENT OF IHEALTII
BUREAU OF PUBLIC HEALTH PROTECTION
Supplement to be Completed as Part orate Application
SOURCE OF FOOD SUPPLY
ITEM FIRM I ADDRESS CITY, STATE
r IE.f
440 ri ?U! . 061 c31,11 1(CL. 6)q7
FISH i
P6101 DV1Ve
DAIRY
• PRODUCTS
CANNED
PRODUCTS
BEVERAGES
OTHER
FOOD MANM;ER'S CERTIFICATION COURSE (PLEASE PRINT CLEARLY)
Ilaye you taken the Food Manager'; Certification course L1Q 1'c; ❑ No
If yes, name of person who took course:-ateThaau C—} ------------- -
Social Security number of person who took course: -_7;– -- ——.
Institution where course was taken: reY41.41 jlV o't 1t 3 4
I)ateofcourse: - ('�,��(0 �( t ,J(6) Ai 6493 lIvi
Paae 94 of 108
))
ServSa'
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ServSafe®
CERTIFICATION
STEPHANIE HART
for successfully completing the standards set forth for the ServSofe""Food Protection Manager Certification Examination,
which is accredited by the American Notional Standards Institute(ANSI)—Conference for Food Protection(CFP).
5449
CET?TIFt ER EXAM FORM NUMBER
9/23/2019 9/23/2024
DATE OF EX (NATION DATE OF EXPIRATION
Local laws apply.Ch 'y:,,h your tocat reg..la: for recertification requirements.
ANSI
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Consideration of Certiorari
ATTACHMENTS:
1. Consideration of Certiorari
2. Consideration of Certiorari II
Paae 96 of 108
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Resolution - Amend Vehicle and Traffic § 219-44
ATTACHMENTS:
1. 2020-09-23 Newest Resolution (lots) for V&T 219-44 2018-2019
Paae 104 of 108
WHEREAS, the Town of Mamaroneck Vehicle and Traffic Chapter 219, § 219-44 stipulates that from
time to time by resolution or local law, the Town Board shall establish the fee, days, times and
methods of payment for permitted use of the parking lots.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby establish the following fees, days, times
and methods of payment for Town Lots A through G as follows:
Lot A - (i) a Daytime Parking Permit is established and required from June 1, 2020 through
December 31, 2021, for an annual fee of$900.00 per year (ii) a Meter Parking Permit is established
from June 1, 2020 through December 31, 2021 for a fee of$110.00 per year (iii) for Meter Permit
holders a meter fee of$.60 per hour is required Monday through Friday between the hours of 5:00
am and 6:00 pm (iv) no parking is allowed from 3:00 am to 5:00 am Tuesday through Thursday (v)
no permit or fee is required beginning Fridays at 6:00pm until Sundays at 10:00 pm.
Lot B - (i) a 24 Hour Parking Permit is established and required from June 1, 2020 through December
31, 2021 for an annual fee of$1,000. The Senior rate will end on Jan 1, 2021. (ii) 24 Hour Parking
Permit holders may park 24 hours per day, 7 days per week, including all holidays (iii) an Area
Business Permit is established from June 1, 2020 through December 31, 2021 for an annual fee of
$700.00 per year (iv) Area Business Permits issued for Permit Numbers 20 and above, may not park
in Lot B during a severe storm event, as noticed by signs erected at Lot B.
Lot C - (i) an Overnight Parking Permit is established and required from June 1, 2020 through
December 31, 2021 for an annual fee of $450.00 per year (ii) Overnight Parking Permit holders may
park beginning at 7:30 pm Monday and must vacate the following morning by 7:30 am, Monday
through Thursday (iii) Parking is permitted weekends beginning at 7:30 pm on Friday and ending
Monday at 7:30 am.
Lot D - (i) a 24 Hour Parking Permit is established and required June 1, 2019 through May 31, 2020
for a fee of$900.00 per year, and $725.00 for Seniors 65 years of age and over (ii) 24 Hour Parking
Permit holders may park 24 hours per day, 7 days per week, including all holidays.
Lot E (formerly Lot 6): (i) a 24 Hour Parking Permit is established and required June 1, 2019 through
May 31, 2020 for a fee of$900.00 per year, and $725.00 for Seniors 65 years of age and over (ii) 24
Hour Parking Permit holders may park 24 hours per day, 7 days per week, including all holidays.
Lot F (formerly Lot 7): (i) designated for Town of Mamaroneck Highway Employees and Larchmont
Mamaroneck Joint Garbage Disposal Commission Employees only (ii) parking is allowed at all times.
Lot G (formerly Lot 8): RESERVED, and
BE IT, FURTHER,
RESOLVED, that Permits for Lots A through G may be refunded for a prorated amount, minus a
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service fee of$25.00, and can be re sold from the Town Waitlist to a new resident for a prorated
amount, and
BE IT, FURTHER
RESOLVED, that the Mamaroneck Town Board does hereby establish (i) annual parking permits to
be issued semiannually (except for Meter Parking Permits) for a service fee of$35.00 (ii) a permit
may be reissued for a replacement fee of 10.00, and
BE IT, FURTHER
RESOLVED, that the Mamaroneck Town Board does hereby allow parking except when said Lots are
being, in whole or in part, closed for repairs, maintenance and/or improvement, upon reasonable
notice being given to the permit holders.
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: September 23, 2020
SUBJECT: Set Public Hearing - Re-Designation of Town Parking Lots
ATTACHMENTS:
1. Re-designation of Town Parking Lots Law
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Local Law No. -2020
This local law shall be known as the "Re-designation of Town Parking Lots" law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
For the implementation of on-line Parking Permit payments, it is recommended that the Town
reduce the number of parking lots in order to reduce the number of parking permit types. This law makes
those reductions.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 219-43 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in
its place:
Section § 219-43 Designation of parking lots
The parking lots are designated as follows:
A. Lot A is the parking lot situated at Myrtle Boulevard and Vine Street.
B. Lot B is the parking lot and deck situated at Myrtle Boulevard and North Chatsworth Avenue, the six
parking spaces located off Myrtle Boulevard,near Madison Avenue,and the six spaces on Vine Street.
C. Lot C is the parking lot situated on Myrtle Boulevard, which is shared with the occupants of 178 Myrtle
Boulevard.
D. Lot F is the employee parking spaces on Maxwell Avenue.
E. Lot G is Byron Place near Madison Avenue.
Section 3-Sign(s) to be Erected and Painting to be Done:
An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the
surface of the parking lots.
Section 4-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent
jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this
Local Law, which may be implemented without the invalid or unconstitutional provisions.
Section 5-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
September 18,2020
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