HomeMy WebLinkAbout2020_11_04 Town Board Meeting Packet ei 447
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TOWN OF MAMARONECK
TOWN BOARD AGENDA
Wednesday, November 4, 2020
7:00PM 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/83088601569?pwd=S3dHMFdtMGJvSFZjeDE00VBrMmFuZzO9 Passcode:
401051 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
publicqc@townofmamaroneckny.org.
PUBLIC HEARING
1. 2020 Revision of Rock Removal Law
2. Resident Parking Permit Law
SUPERVISOR'S REPORT
CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
AFFAIRS OF THE TOWN OF MAMARONECK
1. Report- Sanitation Commission Review
REPORT OF MINUTES
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETING - November 18, 2020
Any physically handicapped person needing special assistance in order to attend the meeting
should contact the Town Administrator's office at 381-7810.
Pane 1 of 34
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: November 4, 2020
SUBJECT: 2020 Revision of Rock Removal Law
ATTACHMENTS:
1. Rock Removal
Pane 2 of 34
O c
2 .
3
° 0 Town of Mamaroneck
- County of Westchester
~f p p N O E p l E 6 1• 740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL. TEL: 914/381-7815
FAX: 914/381-7809
WMakerk@TownofMamaroneckNY.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: October 30, 2020
I attach both a redlined version showing the changes and a 'clean copy' of the revision.
Although the redline makes it appear that there are wholesale changes, in actuality the changes
are few. The reason for the extensive redlining is that I reorganized the law to put into what I
consider a more logical sequence. I will explain my thinking after first pointing out the major
revisions.
I expanded the Purpose section to include the limitation on the amount of rock that can
be removed from smaller sites.
In the definition of Monitor, I created a threshold for requiring a monitor. According to
the Building Inspector, the recent removal of rock from a driveway resulted in the removal of
about 30 cubic yards of rock. A monitor for a small job like that appears to be unnecessary,
therefore this revision requires the employment of a monitor only when the removal equals or
exceeds 50 cubic yards.
Paragraph C is new. It limits the amount of rock that can be removed by mechanical
means on sites that are 10,000 square feet or less. The 150 cubic yard limitation is based upon the
information supplied to me by the Building Inspector who advised that to create a full basement
usually entails removing around 300 cubic yards of rock. Limiting the amount that can be
removed from smaller lots to one-half of that amount seems like a meaningful limitation.
Paragraph J (1) (b) assumes that construction of the infrastructure for a new subdivision
always will involve removing more than 50 cubic yards of rock and therefore always require a
monitor to be present. The notice to the neighbors is changed to reflect that assumption.
tot Printed on Recycled Paper Pane 3 of 34
To: Members of the Town Board
Fr: William Maker,Jr.
Date: October 30, 2020
Page Two
Paragraph Q makes it clear that subcontractors for all the public utilities and municipal
entities mentioned in that paragraph are exempt from the law, not just subcontractors for the last
ones listed.
Finally, the effective date has been changed to coincide with the end of the current
moratorium.
The reordering of the paragraphs follows this pattern: Paragraphs B through H dictate
what'can and cannot be done. Paragraphs I and J cover the pre-work requirements of notification
and surveying. Paragraphs K through N set the rules for doing the work. Paragraphs 0 through
Q provide for the penalties for violating the law and the entities that are exempt from the law.
The following distribution table will help you track the reordering,
Paragraph B is the first sentence of paragraph B from the last draft.
Paragraph D is the balance of paragraph B from the last draft.
Paragraph E is paragraph G from the last draft.
Paragraph F is paragraph H from the last draft.
Paragraph G is paragraph K from the last draft.
Paragraph H is paragraph L from the last draft.
Paragraph I is paragraph E from the last draft.
Paragraph J is paragraph F from the last draft.
Paragraph K is paragraph J from the last draft.
Paragraph L is paragraph I from the last draft.
Paragraph M is paragraph C from the last draft.
Paragraph N is paragraph D from the last draft.
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To: Members of the Town Board
Fr: William Maker, Jr.
Date: October 30, 2020
Page Three
Paragraph 0 is paragraph N from the last draft.
Paragraph P is paragraph 0 from the last draft.
Paragraph Q is paragraph 0 from the last draft.
411 ti *
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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 fr-em the drilling and pulverizing of rock and its removal
from the site, the need to limit mechanical rock removal on smaller lots 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 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 with experience in
residential construction, especially the pulverizing and removal of rock 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
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rock in an amount greater than fifty (50) cubic yards will be
pulverized or removed. The monitor's responsibility is to assure compliance with
the P&R Permit and this 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 ON A SUBJECT
PROPERTY
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.
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.
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.
RESTRICTED AREA
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The area encompassed by the six hundred (600) linear feet from each of the lot
lines and corners of a property for which a P&R Permit is issued.
RESTRICTED PERIOD
The sixty (60) 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,or stone installed by humans,such
as slate used to create a walkway.
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 any quantity of rock from a
subject property, ek.
C. Pulverizing more than one hundred fifty (150)cubic yards of rock on a lot that is less than
ten thousand (10,000) square feet in size is prohibited regardless of the residence district
in which that lot is located.
D. 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 miti,ation •lan
submitted by the__pplicaut—Such_plat mala incorizoxa.te_t1t beks _ • • • '
• • '•_ . . •• 'n' • • • . • . u fai . . - '• . - .�• •• • or
other practices that are considered bestt_ust p t. es at the time the application for a P&R
Permit is made. The dust miti ation .lan also must_present the measures the a• .licant
intends to use to control water runoff as a result_of water spraying.Int a sol discretion.
i2Lthe Building Inspector or.the Director of Building Code Enforcement and Land Use
Administration air ualit sam•lin• ma be re.uired during the course of rock removal.
E. Ruek.crushing on the subject._propertyi not permitte,d_at any time,
F. There shall be no more than two machines on the subject .ro erty h g drills or
hammers operating_at the ssme_time,
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No_mQr_e_t1 n..Dne_P_$rR P_ersnit.sfnll_be__i u��_f_.r.._a_subjest_pm_perty within any twelve-
month period,
H. During the restricted period,no P&R Permit shall be issued for a property that lies within
the restricted area.
I. 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.
Notice to neighbors; affidavit of mailing.
11) 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
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 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 by
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
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Pane 10 of 34
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 pulverized rock is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROTECT] 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 PROPERTYI
'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
this site is [INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R
PERMIT CAN OCCUR). The person performing the work is responsible for having an
independent monitor on site to assure compliance with the law.
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.
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Paae 11 of 34
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 pulverized 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 P&R Permit can be issued for the subject property.
K. While on the subject property, 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
secured tarps or coverings made of plastic or other material to further reduce dust
emissions.
L. Motor vehicles used to transport particulate matter must be covered.
'---'
•
•
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I �M 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
GJ. (1) (a). When the estimated amount of rock to be pulverized and removed from a
subject property exceeds fifty (50) cubic yards,Rrock shall not be pulverized or removed
therefrom the-3ubjeet-pfepefty 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 for up to five additional days. If the
number of additional days includes 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.
DN. 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 FJ. (1) (bI. 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 P J. (1)(b).
_ : . - . - . . . , - - ' . - . . . : . -
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Pane 13 of 34
F. _ - •
• . - ' • ' • structure:
-Dea-r-Neighbor,
Rock from the property known as [INSERT THE STREET ADDRESSOR THE LOCATION OF
THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] will be pulverized by
TO BE DONE PURSUANT TO A P&R PERMIT]. The last day on which rock can be
DATE ON WHICH WORK DONE PURSUANT TO THE P&R PERMIT CAN OCCUR].
•
a survey done, please contact the Town Building Department at 914 381 7830
immediately,
8
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•
- •.1 1 - -
•
•
•
•
_ , . . _ . . . _ - •,!! . : - - ; • - - . . •
!! -. : • .' •- ; •-- - _ _ - . . - - - • _ - :
PERSON IN CHARGE OF THE PROJECT] at the following telephone number:
{INSERT CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME
APPEARS ABOVE].
trrG,
{SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY}
{PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY)"
2Dear4,4eig7.
THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] will be pulverized by
DONE PURSUANT TO THE P&R PERMIT]. The last day on which rock can be
_ . . . Y_
ON WHICH WORK DONE PURSUANT TO THE P&R PERMIT CAN OCCUR].
- . .• . . - - _ - - _ - - - - - - - - - - ' - - - - Y- •
9
Pane 15 of 34
•
- . . -, •. - . - : . ' .. :. - • • .
immediately,
. •.•I . . •.. . ••
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. _ • _ . . . i _ _ . . I so - -
10 ► e. . _ . ► e - - I I * . • . . . _ I
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS
ABOVE}.
s;
{SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY}
{PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY}"
-
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1=I- hslr'rtt'4-1-be=00-144ore- n-{wt3--444tit ! -
effliSSiOnth
10
Pane 16 of 34
•
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• - - - - - -_ - P.. • 1' - ' , :
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thc r- Gtrictcd a
M . 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.
NP. 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.
9Q. 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;or Mamaroneck or
any independent contractors engaged by any of them entities listed in this paragraph.
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 the later of January 2, 2021 or its filing with the
Secretary of State.
October 2 23,2020
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Pane 17 of 34
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 the drilling and pulverizing of rock and its removal from
the site, the need to limit mechanical rock removal on smaller lots 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 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 with experience in
residential construction, especially the pulverizing and removal of rock 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
Paae 19 of 34
rock in an amount greater than fifty (50)cubic yards will be pulverized or removed.
The monitor's responsibility is to assure compliance with the P&R Permit and this
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 ON A SUBJECT
PROPERTY
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.
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.
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.
RESTRICTED AREA
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Paae 20 of 34
The area encompassed by the six hundred (600) linear feet from each of the lot
lines and corners of a property for which a P&R Permit is issued.
RESTRICTED PERIOD
The sixty (60) 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,or stone installed by humans,such
as slate used to create a walkway.
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 any quantity of rock from a
subject property.
C. Pulverizing more than one hundred fifty(150)cubic yards of rock on a lot that is less than
ten thousand (10,000) square feet in size is prohibited regardless of the residence district
in which that lot is located.
D. 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.
E. Rock crushing on the subject property is not permitted at any time.
F. There shall be no more than two machines on the subject property having drills or
hammers operating at the same time.
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Paae 21 of 34
G. No more than one P&R Permit shall be issued for a subject property within any twelve-
month period.
H. During the restricted period, no P&R Permit shall be issued for a property that lies within
the restricted area.
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.
J. 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
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 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 by
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
4
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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 pulverized 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
this site is [INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R
PERMIT CAN OCCUR]. The person performing the work is responsible for having an
independent monitor on site to assure compliance with the law.
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.
5
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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 pulverized 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 P&R Permit can be issued for the subject property.
K. While on the subject property, 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
secured tarps or coverings made of plastic or other material to further reduce dust
emissions.
L. Motor vehicles used to transport particulate matter must be covered.
M 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
J.(1)(a). When the estimated amount of rock to be pulverized and removed from a subject
property exceeds fifty (50)cubic yards, rock shall not be pulverized or removed therefrom
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 for up to five additional days. If the number of additional days includes a day
or days on which such work is prohibited by this section, the extension period will bypass
6
Paae 24 of 34
such days and resume on the first day thereafter when pulverizing and removing rock is
permitted by this section.
N. 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 J. (1) (b). 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 J. (1)(b).
0. 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.
P. 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.
Q. 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 or Mamaroneck or
any independent contractors engaged by any of the entities listed in this paragraph.
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 the later of January 2, 2021 or its filing with the
Secretary of State.
October 23,2020
7
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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: November 4, 2020
SUBJECT: Resident Parking Permit Law
ATTACHMENTS:
1. Residential Parking Permit Local Law
Piae27of34
Local Law No. -2020
This local law shall be known as the "Change in the Permit Expiration Date and Elimination of the
Part-Year Permit" Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
The purpose of this law is to change the annual expiration date for resident parking
permits from September 30 to October 31 and to eliminate the part-year resident parking permit.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 219-63 D. of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
"D. The Town Clerk shall collect the amount shown in § A250-1 A for each resident
parking permit which shall be valid until the last day of October in the first October after the
permit is issued."
Section 3-Repeal of a portion of a section of the Mamaroneck Code:
The entry in§A-250-1 that provides
Code Subject Fee or
Section Deposit
219-63 Residential parking permit issued in the months of April, May,June, $10
July, August or September
is repealed.
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.
October 16,2020
Paae 28 of 34
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: November 4, 2020
SUBJECT: Fire Claims
ATTACHMENTS:
1. Fire Claims Nov 2020
Pane 2P of 34
Town of Mamaroneck
From: Tracy Yogman -Town Comptroller 7c1
Re: Fire Claims c�
Date: November 4, 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
Amazon Paint, Refrigerator filter, Uling 60000 BTU Heater 294.86
Bound Tree Medical, LLC LifePak batteries and gloves 159.00
Capital Markets Advisors, LLC 2020 Annual SEC Filing- Fire District bonds 2,500.00
Dival Safety Equipment Inc Repairs to Calibration Gas Station and gas detector 735.67
Essential Manufacturing Corp N95 Masks 1,730.00
Optimum Cable Services for 10/23-11/22/20 306.91
Ready Refresh Water Cooler rental-9/19-10/18/2020 137.96
Donation received by Town from 2020 U.S. Open Gold Tournament for Fire
Town of Mam'k Fire Dept. Protection Services 5,000.00
UniFirst Corp Cleaning Supplies 10/16, 10/23/2020 328.96
Verizon Fire HQ service 10/10-11/9/2020 271.75
Villa Maria Pizza Food for Fast Drill 10/28/20, and Department Drill Coalition 10/22/2020 166.27
Village Paint Supply Paint for bays 23.99
Waterway Long Island Annual NFPA testing of Fire Apparatus Pumps 870.00
Westech Elevator Services Maintenance for month of October 2020 175.00
WJWW 205 Weaver St charges 8/25-9/25/20 86.84
WJWW Fire service 8/26-9/25/20 3.67
Total $ 12,790.88
Pane 30 of 34
TOWN OF MAMARONECK FIRE DEPARTMENT
OFFICE OF THE '°
CHIEFC I7 Headquarters
205 WEAVER STREET
LARCH MONT,NEW YORK 10538
IIIIII
ER 834-2100 EMERGENCY
tit -NON EMERGENCY
01 834-21014-2101T 834-0922-FAX
ZootassioN) WWW.TMFD.ORG
To: Board of Fire Commissioners
From: Chief Joseph Russo
Date: November 1, 2020
Re: Fire Report for the Month of October 2020
The following report outlines response to calls made during the month of October 2020. It summarizes
the nature, the number of personnel responding and the total time spent.
I have also attached a report showing a further breakdown of these alarms.
Alarm Type Number
Generals 24
Minors 15
Stills 3
Out of Town(Mutual Aid) 4
EMS 43
Drills 3
TOTAL 92
Total number of personnel responding: 475
Total time working: 45 hours and 41 minutes
Respec fully Submitted,
A/77
Chief Joseph Russo
Incident Type Count Report
Date Rant e: From 10/1/2020 To 10/31/2020
Selected Station(s):All
Incident
Type Description Count
Station: EMS
311 -Medical assist,assist EMS crew 2 2.25%
321 -EMS call,excluding vehicle accident with injury 40 44.94%
322F-Vehicle accident with injuries 1 1.12%
Total-Rescue& Emergency Medical Service Incidents 43 97.73%
554-Assist invalid I 1.12%
Total-Service Call 1 2.27%
Total for Station 44 49.44%
Station: HO
111 -Building fire 1 1.12%
Total-Fires 1 2.44%
322F-Vehicle accident with injuries 2 2.25%
323F-Motor vehicle/pedestrian accident(MV Ped) 1 1.12%
331 -Lock-in(if lock out,use 511 ) I 1.12%
Total-Rescue&Emergency Medical Service Incidents 4 9.76%
413-Oil or other combustible liquid spill I 1.12%
424-Carbon monoxide incident
440-Electrical wiring/equipment problem.other I 1.12%
444-Power line down I 1.12%
Total-Hazardous Conditions(No fire) 8 19.51%
511 -Lock-out I 1.12%
522-Water or steam leak I 1.12%
531 -Smoke or odor removal I 1.12%
Total-Service Call 3 7.32%
611 -Dispatched&cancelled en route I 1.12%
622-No incident found on arrival at dispatch address I 1.12%
651-Smoke scare,odor of smoke 2 2.25%
Total-Good Intent Call 4 9.76%
733-Smoke detector activation due to malfunction I 1.12%
734-Heat detector activation due to malfunction 1 1.12%
740-Unintentional transmission of alarm,other I 1.12%
743-Smoke detector activation,no fire-unintentional 8 8.99%
744-Detector activation,no fire-unintentional 3 3.37%
745-Alarm system sounded,no fire-unintentional 7 7.87%
Total-Fals Alarm& False Call 21 51.22%
Total for Station 41 46.07%
Station: STIL
510-Person in distress,other I 1.12%
554-Assist invalid 1 1.12%
571 -Cover assignment,standby,moveup 2 2.25%
Page 1 of 2 Printed 11/01/2020 10.43:15
incident
Tyne Descrintion Count
Station: STIL-(Continuedl
Total-Service Call 4 100.00%
Total for Station 4 4.49%
89 100.00%
Page 2 of 2 Printed 11/01/2020 10:43:26
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO: Town Board
FROM:
DATE: November 4, 2020
SUBJECT: Report- Sanitation Commission Review
ATTACHMENTS:
1. Sanitation Commission Minutes
Paae 31 of 34
Minutes of the Meeting of the
Larchmont Mamaroneck Joint Garbage Disposal Commission
Held at 11 :00am on October 29, 2020
In the Zoom Format
On motion by Commissioner Seligson and second by Commissioner Walsh the
meeting was called to order at 11 :00am
Attending: Commissioner Nancy Seligson
Commissioner Lorraine Walsh
Also
Attending: Stephen Altieri Superintendent
1. Review of Curbside Collection Proposal and Next Steps
The Commissioners discussed the results of the public hearing of the Town
and Village Boards on October 26. The following additional information
will be compiled for review of the curbside proposal.
• Financial Analysis illustrating expected reduction in property tax
savings with curbside collection for both the Town and Village
• Survey of Westchester Communities for specific information on
where garbage must be set out for collection
• Include more information on workplace safety and impact upon
employees
• Further explanation of structure of employee workday
2. Review of Alternative Structures for the Commission
Of the various alternatives considered, there appears to be a preference to
pursue the extension of the Town's Garbage District to include the Village
of Larchmont.
The Superintendent will prepare for the Commissioners a plan for this
alternative with the assistance of the Town and Village's bond counsel as
well as the Attorneys for the Town and Village. Other than the
administrative and legal requirements for this change, the review should also
look to incorporate an advisory committee to the district. The committee
would include elected officials of the Village or other Village appointees
that would work with the Town on sanitation policies.
Paae 32 of 34
The Commissioners also discussed what the timing would be for a transition
should the extension go forward. The consensus was that transition would be
roughly six months. Therefore, in the interim the Commission would
continue to operate in its current format.
With the Commission fiscal year ending in December, a new budget must be
considered for 2021. The Commissioners directed the Superintendent to
produce two budgets, one that assumes current collection procedures and a
second that assumes curbside garbage collection.
The budget will initially not incorporate an apportionment formula.
3. Westchester County IMA — Disposal of Solid Waste
The Superintendent indicated that the renewal of the County's solid waste
agreement with the Commission was up for consideration. The terms of the
agreement are essentially unchanged although the tipping fee has increased
to $29.28/ton. The agreement includes a formula for adjusting the tipping
fee each year. There being no other major changes to the agreement; the
Superintendent recommended approval of the agreement and requested
authorization to execute the agreement.
On motion by Commissioner Walsh and second by Commissioner Seligson,
it was unanimously;
Resolved, that the Board of Commissioners hereby approves the
renewal of the 1MA between the County of Westchester and the Joint
Commission for the disposal of solid waste and it is;
Further Resolved, that the Superintendent is authorized to execute the
agreement on behalf of the Commission
4. Proposed IMA-Westchester County for Recycling of Food Waste
The Superintendent explained that the County recently entered into a
contract with Suburban Carting of Mamaroneck, New York to accept
municipally collected food waste. The agreement offers two options for
municipalities to enter into the agreement each with different pricing
structures.
• Alternative 1- Contractor provided transportation of food waste from
a municipal drop off site to contractors transfer station - $29.28/ton
• Alternative 2 — Municipal transportation of food waste from the
municipality to the transfer station - $15.00/ton up to 19.99 tons. 20
tons or more in a calendar year tipping fee drops to $10.00/ton
Paae 33 of 34
The term of the agreement is three years ending in 2023. The agreement
only covers the recycling of residential food waste. Commercial food waste
cannot be accepted under this agreement.
The Superintendent after initially reviewing the agreement stated that based
upon our current food waste program, it would be best for the Commission
to deliver the food waste to Suburban Carting to take advantage of the lower
price. At this time, the agreement will be forwarded to the Commission's
counsel and the Superintendent will prepare for the Commissioners a cost
analysis of the new agreement.
5. Other Items
• The next Commission meeting will be Thursday, November 12 at
10:00am
• Tentatively, a meeting of the Town and Village Boards will be held
on Thursday, November 12 at 6:00 pm.
There being no further business, the meeting was adjourned on motion by
Commissioner Seligson and second by Commissioner Walsh
Pane 34 of 34