HomeMy WebLinkAbout2020_11_23 Town Board Meeting Packet § 479
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•FOUNDED 1661•
TOWN OF MAMARONECK
TOWN BOARD AGENDA
Monday, November 23, 2020
6:00PM 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.
1. Review - Rock Removal Law
2. Discussion - Website Redesign
3. Discussion - 5G Network Services/Cellular Tower Law
4. Discussion - Land Use Items (Floor Area Ratio Law, Boston Post Road)
5. Update - Racial Equity Task Force
6. Sanitation Commission
7. Appointments
8. Request for Zoning Change - 1370 Boston Post Road (Former Capital One Bank)
9. Set December Meeting Schedule
NEXT REGULARLY SCHEDULED MEETING - December 2, 2020
Any physically handicapped person needing special assistance in order to attend the meeting
should contact the Town Administrator's office at 381-7810.
Page 1 of 35
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S� ti, 9
° ' ', 0 Town of Mamaroneck
w ~ �` m County of Westchester
740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL TEL: 919/381-7815
FAX: 914/381-7809
WMakedr@TownotMamamneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Stephen V. Altieri, Town Administrator
Christina Battalia, Town Clerk
From: William Maker,Jr.,Attorney for the Town
Subject: Rock Removal
Date: November 20, 2020
I attach both a redlined version showing the changes made to the October 23rd draft that
the Board requested and a 'clean copy' of the revision.
The changes wrought were:
• To make clear in the definition of Monitor in paragraph A that the presence of a
monitor is required no matter the quantity of rock being pulverized or removed
by mechanical means,
• To specify the number of days when rock removal is permitted by creating a new
definition in paragraph A called "Permitted Number of Days" and to tie in that
definition to paragraph M,
• To prohibit the pulverizing and removal of rock by mechanical means, except for
the construction of utility line trenches on lots that are smaller than 6,000 square
feet(paragraph C), and
• To amend the notices to be sent to the neighbors since the proposed law would
require the presence of a monitor for all mechanical rock removal.
4,1
,
to Printed on Recycled Paler
Page 2 of 35
LI u£/
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 eft 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 whenever
rock is pulverized or removed therefrom. -- - -• -- -- - - - - - - - - - --
Page 3 of 35
. - .. . -. ! - . : . ; . . _ : - •-. . The monitor's
responsibility is to assure compliance with the P&R Permit and this section 106-58.1
of the Code. 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 Iots 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.
PERMITTED NUMBER OF DAYS
For creating trenches for utility lines on a subject property having an area less than
six thousand (6,000) square feet, ten (10) days.
For a subject property having an area greater than six thousand (6,000)square feet
but less than seven thousand five hundred (7,500) square feet, ten (10) days.
For a subject property having an area greater than seven thousand five hundred
(7,500) square feet, fifteen (15) days.
2
Page 4 of 35
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
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 Iying 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.
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Page 5 of 35
B. A P&R Permit is required for pulverizing and/or removing any quantity of rock from a
subject property.
C.
" which that lot is located Except for pulverizing and/or removing rock for the purpose
of creating trenches for utility lines,no P&R Permit shall be issued with respect to a subject
property having an area less than six thousand (6,000)square feet.
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.
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.
4
Page 6 of 35
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. e - - . : . =. - - - • - = = - - - - :, The
person performing the work may-be 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
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 Iaw 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].
5
Page 7 of 35
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.
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.
6
Page 8 of 35
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 reek and removing
rock-it from a subject property shall be allowed only during permitted hours and only for
the permitted number of 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) (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 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).
O. 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.
7
Page 9 of 35
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 November 20,2020
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Page 10 of 35
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 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 whenever
rock is pulverized or removed therefrom. The monitor's responsibility is to assure
Page 11 of 35
compliance with the P&R Permit and section 106-58.1 of the Code. 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 Iisted 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.
PERMITTED NUMBER OF DAYS
For creating trenches for utility lines on a subject property having an area less than
six thousand (6,000)square feet, ten(10)days.
For a subject property having an area greater than six thousand(6,000)square feet
but less than seven thousand five hundred(7,500)square feet, ten(10)days.
For a subject property having an area greater than seven thousand five hundred
(7,500)square feet, fifteen(15)days.
2
Page 12 of 35
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
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. Except for pulverizing and/or removing rock for the purpose of creating trenches for
utility lines, no P&R Permit shall be issued with respect to a subject property having an
area less than six thousand (6,000)square feet.
3
Page 13 of 35
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.
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.
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.
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:
4
Page 14 of 35
"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. 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
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
5
Page 15 of 35
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.
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 and removing rock
from a subject property shall be allowed only during permitted hours and only for the
6
Page 16 of 35
permitted number of 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) (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 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.
7
Page 17 of 35
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 Iater of January 2, 2021 or its filing with the
Secretary of State.
November 20,2020
8
Page 18 of 35
NO ATTACHMENT
DISCUSSION - WEBSITE
REDESIGN
w/ s - 2 ,
C
Battalia, Christina _P-3- 16
From: Altieri, Stephen
Sent: Friday, November 20, 2020 6:20 PM
To: Katz, Abby; Fiddelman, Sabrina; Eney,Jaine; King,Jeffery; Seligson, Nancy
Cc: Battalia, Christina; Green ODonnell, Connie; Luft, Lindsey; Polcari, Richard; Maker Jr.,
William
Subject: FW: Suspension of local laws for Discussion
Attachments: 2020-11-20-suspension of LL thru Nov 25.docx
Members of the Town Board:
There has been on ongoing issue on Villa Road of a resident that has been hosting, in her garage,a group of seven year
olds that have been conducting their remote learning together. The sessions are being held in the garage of the
home. As per our Town Zoning code this is not a permitted use and the Town Building Department has been reviewing
the issue and did confirm with the resident that the use must stop. The Town has received several complaints regarding
the use. Upon receiving the decision of the Building Department,the owner of the home made application to the
Zoning Board for an interpretation of the Building Inspector's decision. The application was heard at the Zoning Board
meeting this past week. It appears that the Zoning Board was a bit uncertain on how best to address this issue. One
idea that did come up however, was whether the use could be permitted by way of a suspension of the law that
prohibits the use pursuant to our current State of Emergency for COVID. The argument for this method is that there is a
pandemic and the schools have been operating on a variable schedule. Remote learning is a big part of the current
school teaching method. This alternative allows for remote learning with some socialization by the children. If the use
of the suspension of laws is used in this case,the use would terminate upon the end of the pandemic when school
would presumably resume a normal schedule. This is somewhat similar to the suspension of the laws that we instituted
waiving the side yard setback for above ground pools. We would like to add this to the November 23 agenda for
discussion. Attached is a draft of how the suspension of laws for this matter would read. This was prepared by Bill
Maker.
Steve
Stephen V. Altieri
Town Administrator
Town of Mamaroneck
740 West Boston Post Rd
Mamaroneck, New York 10543
(P) 914 381-7810
(F) 914 381-7809
SValtieri(&to wnofmamaroneckn y.org
From: Maker Jr.,William <WMakerJr@TownofMamaroneckNY.org>
Sent: Friday, November 20, 2020 4:26 PM
To:Altieri, Stephen<SVAltieri@TownofMamaroneckNY.org>
Subject:Suspension of local laws eff Nov 21
1
so 9�
A 1 9
" ` 9 o Town of Mamaroneck
)f•t i 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: 5G Network Services/Cellular Tower Law
Date: November 20, 2020
During the course of the review of the cellular tower, application at the Bonnie
Briar Golf Club there was discussion regarding the Town's cell tower law. Also,
there is the question of 5G Network services and how they would be addressed by
the Town.
The Planning Board did retain a consultant to assist with the review of the Bonnie
Briar Application. For Monday's work session we would like to discuss the
potential of retaining a consultant to review our law to bring it to more current
standards.
I have attached a copy of our current cell tower law and memorandum written by
the law firm of Sive Paget regarding Town's current law.
St;.hen V. Altieri
Town Administrator
` • Printed(1 Recycled Paler
I Page 20 of 35
Town of Mamaroneck,NY Ecode360 Page 1 of 3
Town of Mamaroneck,NY
Friday, November 20, 2020
Chapter 240. Zoning
Article Ill. Regulations Applicable in All Districts
§ 240-19.1 . Public utility and cellular telephone facility.
[Added 2-15-1995 by L.L. No. 3-1995]
A. Required conformity. No cellular telephone facility shall hereinafter be used, erected,
moved, reconstructed, changed or altered unless in conformity with the following
specific regulations.
B. Exceptions. Exceptions to these regulations are limited to private transmission towers
that are new uses accessory to residential uses, so long as the height of any such use
does not exceed other height limitations provided for in this chapter or the elevation of
the surrounding neighboring treeline, whichever is greater, and approved uses existing
prior to the effective date of these regulations.
C. Site plan.
(1) An applicant seeking approval for a telecommunications tower or antenna is
required to submit a site plan in conformance with applicable site plan submission
requirements, except to the extent that Chapter 177, Site Plan Review, may
otherwise provide for a waiver of any such requirements. The site plan shall show
all existing and proposed structures and improvements and shall include
documentation on the proposed intent and capacity of the use, as well as
justification for the height of any tower or antenna.
(2) The Planning Board shall require that the site plan submission include a completed
visual environmental assessment form (visual EAF) and, if applicable, a landscape
plan addressing other standards listed in this section, with particular attention to
visibility from key viewpoints identified in the visual EAF, existing treelines and
proposed elevations.
(3) A safety analysis described in Subsection E below shall be required.
(4) A report shall be submitted, prepared by a licensed professional engineer which, in
the case of a tower, describes the tower height and design, including a cross
section of the structure; demonstrates the tower's compliance with applicable
structural standards; and describes the tower's capacity, including the number and
type of antennas it can accommodate. In the case of an antenna mounted on an
existing structure, the report shall indicate the existing structure's suitability to
accept the antenna and the proposed method of affixing the antenna to the
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Town of Mamaroneck, NY Ecode360 Page 2 of 3
structure. Complete details of all fixtures and couplings and the precise point of
attachment shall be indicated.
D. Shared use.
(1) The shared use of existing towers and antenna facilities shall be preferred to the
construction of new such facilities. The applicant shall submit an adequate report
inventorying existing towers and antenna sites within a reasonable distance from
the proposed site outlining opportunities for shared use as an alternative to the
proposed use. The applicant must demonstrate that the proposed tower or
antenna cannot be accommodated on an existing approved tower or facility due to
one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of existing and
approved towers and facilities, considering existing and planned use for those
facilities.
(b) The planned equipment would cause radio frequency interference with other
existing or planned equipment which cannot be reasonably prevented.
(c) Existing or approved towers or facilities do not have space on which proposed
equipment can be placed so it can function effectively and reasonably.
(d) Other reasons make it impracticable to place the equipment proposed by the
applicant on existing and approved towers or facilities.
(2) Approval of a proposed antenna to share an existing tower or facility shall be
conditioned upon the applicant's agreement to pay all costs of adapting an existing
facility to a new shared use. These costs can include structural reinforcement,
preventing transmission or receiver interference, additional site screening and
other changes required to accommodate shared use.
E. Nonionizing electromagnetic radiation (NIER) threshold. The applicant shall submit a
safety analysis of the electromagnetic environment surrounding the proposed site. The
safety analysis shall be prepared by a qualified electromagnetic engineering specialist
or health professional qualified to produce such analysis. The safety analysis must
demonstrate that the nonionizing electromagnetic radiation (NIER) emanating from the
antenna not exceed threshold levels (550 milliwatts per centimeter square). The
analysis shall indicate the horizontal and radial distance from the NIER source to the
nearest property line and the nearest residential structure. The study shall then provide
the ambient NIER levels in the frequency range of the proposed source measured at
the two points identified above. The calculated NIER level at any one of the two points
listed above shall not exceed one-fourth (1/4) of the threshold level.
F. Setbacks. Antennas or sources of NIER situated in the Recreation District shall be
setback from the nearest neighboring residential property by a distance not less than
1,200 feet. Antennas or sources of NIER situated in the LI District shall comply with the
existing setbacks applicable to that zone.All related accessory facilities and structures,
including but not limited to equipment sheds, parking areas, anchors, bases and pads,
shall comply with the existing setbacks and dimensional regulations established for
accessory uses in the appropriate zone, except for the height of the cellular telephone
tower.
G.
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Town of Mamaroneck,NY Ecode360 Page 3 of 3
Inspection. Towers shall be inspected annually for structural integrity and continued
compliance with the thresholds in Subsection E by a licensed professional engineer. A
copy of the inspection report shall be submitted to the Town Building Inspector or the
Director of Building Code Enforcement and Land Use Administration indicating repairs
made.
[Amended 3-15-1995 by L.L. No. 4-1995; 10-16-2002 by L.L. No. 10-2002; 1-20-2016
by L.L. No. 1-2016]
H. Visibility. All towers and antennas shall be sited to have the least possible practical
visual effect on the environment. Towers shall not be artificially lighted unless otherwise
required by the Federal Aviation Administration or other federal, state or local authority.
Towers shall be a galvanized finish or painted grey above the surrounding treeline and
grey or green below the treeline.
I. Screening. Where a cellular telephone facility abuts residential, parkland or other open
space, the following vegetative screening shall be provided. One row of native
evergreen shrubs or trees capable of forming a continuous hedge at least five feet in
height within two years of planting shall be provided to effectively screen the tower
base and accessory facilities. Additional screening may be required to screen portions
of the tower from nearby residential property or important views.
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SIVE, PAGET& RIESEL P.C.
MEMORANDUM
To: Sustainability Collaborative, Town of Mamaroneck
From: Adam Stolorow, Sive, Paget& Riesel P.C.
Date: July 29, 2020
Re: Proposed Update to Town of Mamaroneck Code § 240-19.1
Public Utility and Cellular Telephone Facility
The Town of Mamaroneck 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.
The proposed law is modeled after the City of Rye wireless telecommunications
facilities law. The City of Rye has been in litigation with wireless carrier Crown Castle
over the carrier's plan to install distributed antenna system (DAS) nodes in the municipal
right-of-way and has amended its local law as recently as 2019 to ensure that it is updated
to cover the new type of wireless technology associated with 50 systems. The Rye code
has been designed to comply with federal telecommunications laws and regulations while
at the same time giving additional local control over the siting process. The Rye code has
many of the same features as the Village of Mamaroneck Code (which was last amended
in 2002), but includes substantial updates to its definitions to distinguish between base
stations,towers, antennas,and accessory facilities associated with the latest cellular
technologies. The Rye code also is more protective in the way that it regulates the
modification of wireless installations and allows the City more options for enforcing code
violations.
The proposed law would ensure that the Town has permitting requirements that
give it the same level of review and local control over permitting decisions as the Village
and Rye. Specific features of the law that are not included in the Town's existing Section
240-19.1 include 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, and much greater level of detail from applicants on the necessity and impact of
wireless equipment installations.
Page 24 of 35
Proposed Update to Town of Mamaroneck Code § 240-19.1
In addition to the elements of the Rye code, the proposed law ensures that"small
cell" 5G installations are covered by the code, requires that new equipment installation
address significant gaps in cellular coverage, requires notification to property owners
within 250 feet of a proposed installation, and requires that applicants are covered by
insurance that does not exclude pollution from radio emissions.
2
Page 25 of 35
0 Town of Mamaroneck
m
x 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
svaltieri( ttownofmamaroneck.org
Memorandum
To: Supervisor and Town Board
Re: Land Use— Floor Area Ratio
Date: November 20, 2020
For our Worksession on November 23, 2020, I have attached a copy of definitions in the
Zoning Code and highlighted on the third page the definitions for Floor Area Ratio that were
adopted in 2003.
Stephen V. Altieri
Town Administrator
Page 26 of 35
Town of Mamaroneck,NY Ecode360 Page 1 of 9
Town of Mamaroneck,NY
Friday, November 20, 2020
Chapter 240. Zoning
Article I. General Provisions
§ 240-4. Definitions.
For the purposes of this chapter, certain words and terms used herein are defined as
follows:
ALTER
To change or rearrange the structural parts or the exit facilities of a building or
structure, including an extension on a side or increase in height, or the moving from
one location or position to another.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of principal
buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps
and terraces.
BASEMENT
That portion of a building wholly or partly underground and extending no more than five
feet above the finished grade.
BUILDING
Any structure having a roof and intended for the shelter, housing or enclosure of
persons, animals or chattels.
BUILDING, ACCESSORY
A subordinate building, the use of which is customarily incidental to that of a main
building on the same lot.
BUILDING, LENGTH
The horizontal distance between the furthermost walls of a building, measured along or
parallel to the axis of its greatest dimension.
BUILDING, MAIN
A building in which is conducted the main or principal use of the lot on which said
building is situated.
CAFETERIA
An establishment engaged in preparing and serving a full line of food and beverages
primarily through the use of a service line where the customer serves himself or is
served from displayed selections and, where table or booth seating facilities are
available, some limited waitperson service may be provided.
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Town of Mamaroneck, NY Ecode360 Page 2 of 9
[Added 3-4-1998 by L.L. No. 4-1998]
CELLULAR TELEPHONE FACILITY
All facilities, equipment, apparatus and devices used for cellular telephone
communications.
[Added 2-15-1995 by L.L. No. 3-1995]
CLUB, MEMBERSHIP
An organization catering exclusively to members and their guests for recreational,
athletic or social purposes which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial activities
except as required generally for the membership and purposes of such club.
CO-BRANDING
The expansion of an existing fast-food establishment use, as defined, or portion thereof
which is not incidental or subordinate to the principal use, but rather co-exists as a
similar principal use on the same lot and within the same building.
[Added 3-4-1998 by L.L. No. 4-1998]
CONVENIENCE STORE
Any retail establishment of not more than 2,000 square feet offering a wide variety of
goods and merchandise for sale to the public, whose principal products include food,
beverages, candy and cigarettes, and where most products are sold for consumption
upon leaving the establishment. The term "convenience store" shall not be considered
to include supermarket or grocery store.
[Added 3-4-1998 by L.L. No. 4-1998]
COURT
An open, unoccupied space, other than a yard, on the same lot with a building or group
of buildings and which is bounded on two or more sides by such building or buildings.
COURT, INNER
A court enclosed on all sides by the exterior walls of a building.
COURT, OUTER
A court extending to a street line or opening upon any front, side or rear yard.
COVERAGE
That percentage of the lot area covered by the building area.
DELICATESSEN
An establishment which prepares and sells food and beverages ordered from a counter
or display case where the patron selects from a variety of ingredients (meats, fish,
salads, etc.) which are assembled, as requested by the patron, and/or are available
separately for purchase by weight or quantity, and in which tables, chairs or counters
for the consumption of food on the premises are not provided.
[Added 3-4-1998 by L.L. No. 4-1998]
DISTRICT
The term "residence district" shall mean any district prefixed by"R."The term "business
district" shall mean any district prefixed by "B." The term "light industry district" shall
mean any district prefixed by "LI," and the term "office building district" shall mean any
district prefixed by "OB"as set forth in § 240-5.
[Amended 7-17-1996 by L.L. No. 14-1996]
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Town of Mamaroneck, NY Ecode360 Page 3 of 9
DWELLING
A building designed or used exclusively as living quarters for one or more families; the
term shall not be deemed to include a motel, hotel, rooming house or tourist home.
DWELLING, MULTIFAMILY
A building or portion thereof containing three or more dwelling units.
DWELLING, ONE-FAMILY
A detached building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units only.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
FAMILY
One or more persons occupying a dwelling unit and living as a single housekeeping
unit.
[Amended 7-17-1996 by L.L. No. 14-1996]
FAST-FOOD RESTAURANT
An establishment primarily engaged in the sale of ready-to-consume food and
beverages, generally served in disposable or prepackaged containers or wrappers, in
which patrons usually select their orders from a posted menu offering a limited number
of specialized items such as but not limited to hamburgers, chicken, fish and chips,
pizza, tacos and hot dogs; these items are prepared according to standardized
procedures for consumption either on or off the premises in a facility where a
substantial portion of the sales to the public is by drive-in or stand-up service and
primary cleanup is generally performed by the customer. The term "fast-food
restaurant" shall not be considered to include restaurant, delicatessen, take-out
establishment, bakery or ice cream/confectionary store
[Added 3-4-1998 by L.L. No. 4-1998].
FENCE
A structure, including a wall, enclosing a yard or portion of a yard, used to prevent or
impede entrance and/or to mark a boundary.
[Added 2-7-1996 by L.L. No. 3-1996]
FLOOR AREA RATIO
[Amended 1-8-2003 by L.L. No. 1-2003]
A. FLOOR AREA RATIO FOR A LOT WHOSE PRINCIPAL USE IS A ONE- OR A
TWO-FAMILY DWELLING
The ratio of the aggregate floor area of all of the buildings on a lot to the area of
the lot on which the buildings are located. Notwithstanding the preceding sentence
the following shall be excluded from the calculation of floor area:
(1) The aggregate floor area of any basement area, regardless of its use; and
(2) The aggregate floor area of the portion of a floor lying under a roof where the
distance between that portion of the floor and the ceiling above it is five feet or
less.
B.
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Town of Mamaroneck. NY Ecode360 Page 4 of 9
FLOOR AREA RATIO FOR A LOT WHOSE PRINCIPAL USE IS NOT A ONE-
OR A TWO-FAMILY DWELLING
The ratio of the aggregate floor area of all of the buildings on a lot, exclusive of
attic and basement areas used only for storage or services incidental to the
operation or maintenance of the buildings, to the area of the lot on which the
buildings are located.
FOOD COURT
A retail establishment in which space is leased and/or operated by more than one fast-
food restaurant, take-out establishment or ice cream/confectionary store, as defined in
this section, in which a common seating area is shared by lessees, and where
customers order from and are served by individual personnel identified with the various
product lines at individual counters.
[Added 3-4-1998 by L.L. No. 4-1998]
FOOD-RELATED RETAIL
Any retail business primarily engaged in the sale of food products, whether consumed
on or off premises.
[Added 3-4-1998 by L.L. No. 4-1998]
FRONTAGE
The extent of a building or of land along a street.
FRONT SETBACK LINE
A line parallel to the front lot line and at a distance therefrom equal to the minimum
front yard dimension for the district in which located.
GARAGE, PRIVATE
An accessory building or part of a main building used only for the storage of motor
vehicles as an accessory use.
GARAGE, PUBLIC
A building or part thereof used for the storage, care, repair or painting of motor vehicles
for remuneration, including any sale of motor vehicle accessories, fuels and lubricants,
or where motor vehicles are kept for hire.
GASOLINE STATION
Any area of land, including structures thereon, or any building or part thereof that is
used for the sale of gasoline or other motor vehicle accessories and which may or may
not include facilities for lubricating, washing, minor repairing or otherwise servicing
motor vehicles, but not including painting or body work.
GRADE, FINISHED
The finished grade at any point along the wall of a building is the elevation of the
completed surfaces of lawns, walks and roads adjoining the wall at that point.
GROCERY STORE
A retail store of not more than 5,000 square feet selling a limited assortment of food-
related products and sundries.
[Added 3-4-1998 by L.L. No. 4-1998]
HEIGHT OF BUILDING OR STRUCTURE
The vertical distance to the level of the highest point of the roof's surface, if the roof is
flat or inclines not more than one inch vertical to one foot horizontal, or to the mean
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NO ATTACHMENT:
RACIAL EQUITY TASK FORCE
r
From: Fiddelman, Sabrina
Sent: Monday, November 23, 2020 8:30 PM
To: Battalia, Christina
Subject: Fwd:Work Plan- Racial Justice Committee
Get Outlook for iOS
From:Altieri, Stephen<SVAltieri@TownofMamaroneckNY.org>
Sent: Friday, November 20, 2020 5:42 PM
To: Fiddelman, Sabrina; King,Jeffery
Cc: Creazzo, Chief Paul; Seligson, Nancy
Subject:Work Plan- Racial Justice Committee
Sabrina &Jeff; The following is a rundown of our meeting today:
1. Tuesday, Dec. 1 - Committee to complete a draft of the survey which will be between 10 and 12 Questions
Distribution of the Survey will be on line and by mail. Allowing for printing and postage, survey to be
distributed on or about December 14
2. Tuesday, Dec. 7- Meeting of the Committee to plan for public listening session.
\
/( s•1 Thursday, December 17- First public listening session in the Zoom webinar format
`�J Notification of the meeting will be via e-mail blast, robo e-mail and robo call.
4. Monday, Dec. 21 Meeting of the Committee
Invite other stakeholders-School Supt., District Attorney's office, Executive Director of Community Counseling
Center
5. December 21 thru January 29- Drafting of the Report by Committee and Staff
6. Wednesday, February 3- Presentation in Work Session to the Town Board of the First Draft of Report
7. Monday February 8-Second Public Forum for Presentation of the First Draft of the Report
Comments and suggestions to be received and considered for inclusion in the report or for revisions to the
report
8. February 9 thru March 12- Preparation of Final Draft of the Report for Review by the Town Board.
9. Report to be Submitted by the Town Supervisor between March 15 and March 30
If I have missed anything or you wish to revise the plan, let me know.
Steve
Stephen V. Altieri
Town Administrator
Town of Mamaroneck
740 West Boston Post Rd
Mamaroneck, New York 10543
(P) 914 381-7810
(F) 914 381-7809
SValtieriCatownofmamaronecknv.orq
1
NO ATTACHMENT
SANITATION COMMISSION
YOU WILL RECEIVE THIS DOCUMENT ON MONDAY,
NOVEMBER 23, 2020
Page 32 of 35
r • -
Town of Mamaroneck
W m Town Center
•
A 740 West Boston Post Road. Mamaroneck, NY 10543-3353
.F 9 C A;i) +6
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: Sanitation Commission Budget
Date: November 23, 2020
The Board has requested information regarding the apportionment of the
Commission Budget and its impact upon the level of surplus within the
Commission.
Below is a summary of the 2020 Commission budget and its comparison with
2019. Also in this summary is the apportionment of the budget using the
traditional tonnage method.
Budget Summary
2019 2020 Change
•
Operations and Maint. $2,039,949 $2,042,742 $2,793 or< 1%
General Charges $1,826,400 $1,648,350 ($178,050 or 9.7%)
Total Appropriations $3,866,349 $3,691,092 ($175,267 or 4.5%)
Less Revenues $254,550 $260,100 $5,550 or 2.2%%
Net Budget/Levy $3,611,799 $3,430,992 ($180,807 or 5%)
Budget Apportionment
Garbage Collected through November 2019
Village of Larchmont 3,184 tons - 47%
Town of Mamaroneck 3,511 tons- 53%
Total 6,695 tons
Net Budget $3,430,992
Village Share 47% $1,612,566
Town Share 53% $1,818,425
The Village Board in their Adopted Budget for 2020/2021 approved an
appropriation to the Commission based upon an apportionment formula using
property assessment rather than tonnage.
As a result there is a shortfall in their contribution to the 2020 Commission Budget
when the property assessment formula is applied.
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Village Share of Commission Budget Based upon Tonnage $1,612,566
Share of Commission Budget approved by the Village based
upon property assessment $1,372,399
Difference $ 248,167
The plan would be to fund the shortfall to the Commission budget would be
appropriated from the Commission's surplus. The question though, is the impact
upon the surplus because of the shortfall. In addition, what would be the formula
for the apportionment of the surplus to the Town and Village.
I received the draft 2019 audit this morning. In order to provide an accurate
accounting, I need to complete a projection of the 2020 Commission Budget.
However, for discussion purposes I offer the following:
2019 Commission Surplus
Nonspendable $131,600
Assigned 130,000
Unassigned 585,813
Total $847,509
Of the total surplus, the balance available for distribution is the total of the
Assigned and Unassigned categories - $715,000. The Nonspendable category
represents the prepaid expense for the New York State Retirement System.
Therefore, it cannot be distributed.
The Assigned category represents the amount of surplus applied to the 2020
Commission Budget. Before I can provide you with the estimated surplus for
2020, a projected budget must be completed to determine what if any of the
applied surplus was used to fund 2020 expenses. I have begun that process and
can complete the projection by the end of the week. For the moment, you can
assume the $715,000. If you then deduct the $248,167, the remaining balance of
surplus is $467,800. The projected budget will provide the information necessary
to recalculate the surplus based upon the Village's contr. ution on a tonnage basis.
Stephen V. Altieri
Town Administrator
Battalia, Christina
From: Altieri, Stephen
Sent: Monday, November 23, 2020 4:40 PM
To: Katz, Abby; Fiddelman, Sabrina; Eney, Jaine; King, Jeffery; Seligson, Nancy
Cc: Battalia, Christina; Green ODonnell, Connie; Luft, Lindsey;Yogman, Tracy
Subject: Commission Budget- Surplus Analysis
Attachments: 2020_11_23_2020 Commmission Budget- Surplus Calculation.pdf
Members of the Board: Attached is the memorandum regarding the Commission topic on the agenda for tonight. My
apologies for the delay but I only received the 2019 audit of the Commission this morning.
Steve
Stephen V. Altieri
Town Administrator
Town of Mamaroneck
740 West Boston Post Rd
Mamaroneck, New York 10543
(P) 914 381-7810
(F) 914 381-7809
SValtieric to wnofmamaroneckny.org
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NO ATTACHMENT:
APPOINTMENTS
Seville Real Estate Services, Inc.
92 South Central Avenue, Suite 203
IDA Hartsdale, New York 10530
SEVILLE
November 9,2020
Town of Mamaroneck
Town Administration Office
740 West Boston Post Rd
Mamaroneck,NY 10543
ATTN.TOWN BOARD
Re: Zoning restrictions at 1370 Boston Post Road
Dear Board members:
I am writing this letter to you since it has been a year since we were told we could not have an Enterprise Rental
Car agency lease the above referenced premises. In October 2019,we had agreed upon terms and a successful lease
negotiation with Enterprise corporate and the lease was contingent upon town approval for the use. The Enterprise
intended to use the property as a rental agency office with cars parked on the property.
We have had absolutely no other interest or bona fide offers to lease the property since then. And we do not
want to see our property sit empty.
We are seeking an exception to the zoning restriction which would allow us to rent the property to other uses than
what we are zoned for today.
In 2019, on behalf of the Enterprise deal, we retained Mark Weingarten, a proficient land use attorney to discuss
our ideas with the town and see what would be required to get an approval for Enterprise. He came back and said
the town would never allow the use. We had to go back to Enterprise and tell them the Town turned us away. Both
parties were dumbfounded that the town would turn away what seemed to be a perfect use for the property.
Essentially an office use in a former bank building.
We are hoping to resume discussion with the Town Board, to get approval, so that we might be able to talk to
Enterprise again. We have no guaranty that they even still want our location, but we cannot even ask them until we
know we have the Board's cooperation.
Please let me know if the Board would be willing to lift the restrictions,so we may expand our efforts to lease the
Property.
Thank y in advance,
Thank ,--- -:
Eileen Rivilis
Page 34 of 35
NO ATTACHMENT:
SET DECEMBER MEETING
SCHEDULE
Battalia, Christina
From: Luft, Lindsey
Sent: Tuesday, November 24, 2020 8:44 AM
To: Rob Moretti
Cc: Altieri, Stephen; Green ODonnell, Connie; Shyam Pandya; Odierna, Sue; Battalia,
Christina; DeMuro, Laura; Ferris, Gayle
Subject: Town Board Meetings &Work Sessions Dec &Jan
Good morning Rob,
Last night at the Town Board work session, the December and January meetings were set:
Wednesday, December 2nd
6:00 p.m. Work Session ("regular" format w. waiting room enabled)
7:00 p.m. Town Board Meeting (webinar format)
Monday, December 14th
6:00 p.m. Work Session ("regular" format w. waiting room enabled)
Wednesday, December 16th
7:00 p.m. Town Board Meeting (webinar format)
Wednesday, January 6th
5:30 p.m. Work Session ("regular" format w. waiting room enabled)
8:00 p.m. Town Board Reorganization Meeting (webinar format)
Tuesday, January 19th
6:00 p.m. Work Session ("regular" format w. waiting room enabled)
Wednesday, January 20th
7:00 Town Board Meeting (webinar format)
Please let me know if you have any questions.
Thank you,
-Lindsey
Lindsey .moi. Luft
Assistant to the Town Administrator
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
(914) 381-8462
Iluft@townofmamaroneckny.orq
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