HomeMy WebLinkAbout2020_11_11 Planning Board Minutes
MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD
OF THE TOWN OF MAMARONECK
HELD REMOTELY Via ZOOM ON NOVEMBER 11, 2020
Present via ZOOM: Ralph Engel, Chairman, Elizabeth Cooney, Vice-Chair, Edmund Papazian,
Ira Block, Ron Mandel, John Cuddy, Sarah Dunn
Also Present via ZOOM: Robert Wasp, Town Engineer, Lisa Hochman, Counsel to Planning
Board, Elizabeth Aitchison, Town Environmental Planner, Anthony Oliveri, Consulting Engineer,
Francine M. Brill, Planning Board Secretary
CALL TO ORDER
The Chair confirmed with counsel that tonight's meeting had been convened in accordance with
the Governor's Executive Order 202.1, as extended, which suspends certain provisions of the Open
Meetings Law to allow municipal boards to convene meetings via videoconferencing.
He asked the Planning Board Secretary to confirm that tonight's meeting had been duly noticed.
Ms. Brill so confirmed.
Mr. Engel stated that members of the public received notice on how to view tonight's meeting on
TV and online. He stated that this meeting is being broadcast live on LMC-TV (channel 35 on
FIOS; channel 76 on Optimum) and online at LMCTV.org., and that a transcript will be available
at a later date.
Mr. Engel further stated that public hearings tonight will be conducted in accordance with the
Governor's Executive Order 202.15, as extended, and the notices for tonight's meeting provided
members of the public with instructions on how to view and participate in each public hearing.
Ms. Brill called the roll, and the Chair announced that there was a quorum present (via ZOOM).
Members of the Town staff and consultants identified themselves to viewers.
The meeting was called to order at 7:35 P.M.
Mr. Engel stated there is a moratorium on rock removal in effect, which may be extended until the
end of the year.
MINUTES
The minutes of the October 14, 2020 meeting were discussed, and modifications were proposed.
Motion: To approve the minutes, as modified
Moved by Elizabeth Cooney, seconded by Ira Block
Action: Unanimously Approved
5 Cornell Street – Ami and Rebecca Ziff – Residential Site Plan - Public Hearing continued
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Eliot Senor, Daniel Sherman, Elion Amidor, Jordon Rosenberg, Jonathan Kraut, Esq. and Ami and
Becky Ziff were present, via ZOOM.
Jonathan Kraut, Esq. stated that the sign was posted for this application, plans were revised to
lower the elevation of the tennis court by four feet, and the applicant spoke to the adjoining
neighbors who had no objections. He added that they addressed the concerns regarding the fill
placed on the property without a permit and had the soil tested, and it was found acceptable.
Mr. Freidfertig, the owner of #3 Cornell, stated that he met with the Ziffs and stated that he also
would like to raise the grade on his property, and the Kaplans (owners of #1 Cornell) had no
problem with the plan.
Mr. Engel made it clear that any action that is taken on #5 Cornell is independent of any future
action that may be taken on #3 Cornell.
The Board discussed the survival of the proposed trees on the perimeter. Mr. Sherman, the
landscape architect, stated that if the owner of #3 Cornell raises the grade on his property, the trees
would be replanted at the higher grade.
Mr. Wasp stated that there is a continuing violation with respect to some material on the property,
and Mr. Kraut responded that the material would be removed.
Mr. Engel stated that the latest revised plans were posted yesterday and asked the Board if the
public should be given more time to review. Mr. Kraut requested a vote tonight, stating that the
change in the plans is an improvement to the neighborhood.
The Board and the applicant discussed the elevation of the tennis court. Noise and lighting were
discussed. Mr. Engel stated that he would like a condition that there be no lighting installed on
the tennis court, and Mr. Kraut agreed.
The Board discussed potential conditions including those related to the landscaping, fill, grading,
sequencing of construction and illumination of the tennis court.
Mr. Wasp made an announcement inviting members of the public to speak.
Public Comments:
Joe Napolitano, the General Manager of Bonnie Briar Country Club (BBCC), stated that he
submitted a letter regarding the location of the proposed tennis court and questioned how the
owner's children will be protected from errant golf balls. He further stated that no one approached
the club regarding drainage.
Mr. Senor explained the drainage plan. Mr. Oliveri stated that he reviewed the plan and the design
complies with the Town Code, and Mr. Wasp agreed.
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Landscaping was discussed, and Mr. Sherman, the landscape architect, stated that plantings along
the wall should protect the tennis court from golf balls. Also, there will be an eight-foot fence
around the tennis court, as permitted by the Town Code.
Mr. Engel stated the BBCC letter was never received, requested that a copy be sent to the Building
Department for the record, and Mr. Napolitano agreed.
Mr. Engel asked if there were any further public comments. There were none.
Ms. Aitchison stated that no emails were received concerning this application.
Mr. Kraut asked that the hearing be closed and the draft resolution be approved, adding the
conditions discussed. Mr. Block suggested that the matter be carried over to revise the draft
resolution to include all of the proposed conditions.
Mr. Engel proposed that the applicant return on November 17, 2020. The Board and applicant
agreed.
Motion: To close the public hearing
Moved by Ira Block, seconded by Ron Mandel
Action: Unanimously approved
127 Garden Road East - 127 Garden Road Realty LLC – Residential Site Plan - Public
Hearing
Frank Marsella, the applicant's architect, and Benedict Salanitro, the applicant's engineer, were
present via ZOOM.
Mr. Salanitro stated that they appeared before the Coastal Zone Management Commission and
were found to be consistent with the local waterfront revitalization plan. He shared his screen and
discussed the proposed plan, stating that this is an oversized parcel and they are proposing a zoning
compliant house. The large oak in the front yard will be protected. In response to Board members'
concerns, they reduced the height of the walls and modified the plans. One street tree will be
removed for the proposed new driveway, and a replacement tree will be planted elsewhere on the
property.
Mr. Oliveri stated that his comments were addressed.
Lot coverage was discussed.
Landscaping was discussed, and Mr. Salanitro stated that one side is already heavily vegetated,
more plantings are proposed for the other side, and most of the natural buffer is to remain.
Ms. Brill confirmed that the application was duly noticed.
Motion: to open the public hearing
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Moved by Edmund Papazian, seconded by Elizabeth Cooney
Action: Unanimously approved
Mr. Wasp made an announcement inviting members of the public to speak.
Public Comments:
George Talt of the Larchmont Gardens Civic Association voiced concerns regarding the large oak
tree and how drilling may impact it. Mr. Marsella stated that the proposed construction is located
to minimize damage to the tree as the existing house has a basement, and rock hammering will, if
necessary and permitted, be minimal.
Barbara and Bill Knowles of 31 Ellsworth Road asked if an environmental study has been done as
their house is much lower and they are concerned with drainage.
Mr. Wasp explained Chapter 95 of the Town Code.
The Knowles stated that they want a retaining wall across the entire rear of the property, and the
dry wells moved closer to the wall as they are concerned about flooding. They also want the tree
and tall bushes to be preserved to protect their privacy.
Ms. Knowles voiced concerns regarding drilling and noise and asked why the proposed house will
have seven bedrooms.
Mr. Salanitro offered to meet with the Knowles.
Mr. Engel stated that the proposed house complies with zoning and, as to rock removal, there is a
moratorium, and the number of days, hours, and amount of rock is under discussion by the Town
Board and not within the purview of the Planning Board.
Jason Laschewer of 133 E Garden Road voiced concerns regarding the quality of life and the
impact of rock drilling impact on homeschooling. He asked that no work be allowed on weekends.
Jean-Marc Laouchez of 138 E Garden Road stated that wires for FIOS are under the front tree, and
they need to be protected during construction. He further asked when the construction may start
and how long it would take. Mr. Salanitro explained the process, possibly starting demolition in
late winter with construction expected to last for 6-8 months.
Sam and Mary Wender of 115 E Garden Road stated that they are concerned about flooding from
increased runoff. Mr. Oliveri stated that the proposed drywell system is designed per Code
requirements. The Wenders further questioned the proposed amount of rock removal, which, as
shown on the plan, is 130 cubic yards.
Cindy and Scott Auker of 40 E Brookside Drive stated that they are worried about runoff and that
the installation of the retaining walls will kill their privacy arborvitae.
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Todd Hoffman of 124 E Garden Road voiced concern regarding drilling, rock removal, and the
size of the proposed house.
Mr. Engel repeated that the rock removal laws are not within the purview of the Planning Board.
Marci Bender thanked the Board and echoed concerns about rock removal because six homes in
the immediate area have been demolished and rebuilt. She questioned why there is a proposed
basement if there is a rock removal moratorium. She asked why there are no Cultecs proposed on
the side of the house, and Mr. Salanitro responded that the Cultecs do not control the flow of water
over land. She also stated her view that the proposed house is out of character with the
neighborhood.
Meredith Shaw of 126 E Garden Road voiced concerns about overcrowding of the school system.
Mr. Engel asked if there were any further public comments, but there were none.
Ms. Aitchison, who was monitoring emails received during the meeting, stated that no emails
were received concerning this application.
Motion: To close the public hearing
Moved by Edmund Papazian, seconded by Ron Mandel
Action: Approved
Vote:
Yes: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ron Mandel
No: Ira Block
Motion: To approve the draft resolution that had been prepared by counsel
Moved by Ron Mandel, Elizabeth Cooney
Action: Approved
Vote:
Yes: Ralph Engel, Elizabeth Cooney, Edmund Papazian, Ron Mandel
Abstain: Ira Block
RESOLUTION
Residential Site Plan Approval
127 Garden East Road
Town of Mamaroneck, New York
On motion of Ron Mandel, seconded by Elizabeth Cooney, the site plan application of 127 Garden
Road Realty LLC (the “Applicant”) was APPROVED by the Planning Board of the Town of
Mamaroneck (the “Board”) upon the following resolution, which was adopted by a vote of 4 to 0,
with 1 abstentions:
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WHEREAS, the Applicant has applied for residential site plan approval to construct a single-
family house (the "Application") at property located at 127 Garden Road East, Town of
Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as
Section 2, Block 12, Lot 25 (the "Property"); and
WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter
178 of the Town of Mamaroneck Code (the “Residential Site Plan Law”); and
WHEREAS, the Applicant has provided all information required by the Residential Site Plan Law
and the Application was deemed by the Board to be complete; and
WHEREAS, the Town Building Inspector, in a memorandum dated September 22, 2020, stated
that the proposed site work is zoning compliant; and
WHEREAS, on November 11, 2020 the Secretary of the Planning Board stated for the record that
all required referrals were made in accordance with §178-9 of the Residential Site Plan Law and
no comments were received; and
WHEREAS, the Town Engineer, the Town Building Inspector and Dolph Rotfeld Engineering,
division of AI Engineers, Inc., PC (the “Town’s Consulting Engineer”) reviewed the following
plans (hereinafter referred to as the “Plans”):
Architects Drawings titled: “New Residence at 127 Garden Rd E.”, prepared by Marsella +
Knoetgen Architects, PLLC, dated 10/28/20;
Civil Engineers Drawings titled: “Erosion Control and Site Improvement Plan for 127 East
Garden Road”, prepared by Benedict A. Salanitro, P.E., P.C., dated 7/20/20, last revised
10/27/20
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, the Planning Board opened a duly noticed public hearing for this Application on November
11, 2020, in accordance with Governor Cuomo’s Executive Orders 202.1 and 202.15, as extended;
and
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Town’s Coastal
Zone Management Commission (the “CZMC”) reviewed this matter and issued a letter to the
Planning Board, dated November 10, 2020 (the “CZMC Letter”); and
WHEREAS, the CZMC Letter stated that the Applicant’s proposal is consistent with the policies
of the Local Waterfront Revitalization Program; and
WHEREAS, the Planning Board has considered the Application, comments and responses to
questions by the Applicant and its representatives, the CZMC Letter, the reports and comments of
the Town's Consulting Engineer, and heard several interested members of the public; and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to
the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A(22) of
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the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further
environmental review is required; and
WHEREAS, the Board finds that the Application conforms to the standards established by §178-
12 of the Residential Site Plan Law.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the
Application as reflected in the hereinabove specified Plans submitted in connection with the
Application, subject to the following terms and conditions:
1. All site work shall be in accordance with the latest revised Plans, as hereinabove referenced,
as conditioned and/or modified in accordance with the direction of the Board, which
modifications were agreed to by the Applicant.
2. The Applicant shall submit plans reflecting all conditions or modifications referred to above
for the review and approval of the Town Building Inspector and Town Engineer prior to the
granting of any building permits.
3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance
of any Town permits.
4. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require
any modification to the site plan approved by this resolution, a determination shall be made by
the Town Building Inspector, in consultation with the Town Engineer, as to whether the
modification is substantial and thus should be further considered by the Planning Board.
5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector and
the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all
earthwork and land disturbance to the Town Building Inspector for approval prior to
commencing site work. The Applicant shall notify the Town Building Inspector and Town
Engineer at least 72 hours (not including weekends and holidays) in advance of any site
disturbance to inspect the installation of erosion and sediment control devices and any other
measures intended to mitigate construction impacts.
6. Work conducted under Town permits shall be open to inspection at any time, including
weekends and holidays, by the Town of Mamaroneck Building Inspector, the Town Engineer,
the Town’s Consulting Engineer, the Town’s Environmental Planner and/or their designated
representative(s).
7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall
be issued until a signed site plan is delivered to the Town Building Inspector.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of
the Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior
HVAC equipment conforms with modern industry standards for sound emission and that best
practices for sound mitigation have been implemented.
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9. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Applicant
shall deliver to the Town Building Inspector an “as built” survey, including, but not limited to,
all constructed site utilities and stormwater management structures.
10. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of
Occupancy or Certificate of Completion shall be issued until all of the required conditions of
this approval have been met.
11. The term “Applicant” is used herein with the intent to impose a future obligation or condition
on the Applicant, as defined above, and on any successor or assignee in/of an ownership
interest of the Property or any portion thereof.
12. All tree removal, protection and landscape plantings shall be in compliance with the approved
Plans and Chapter 207 of the Town Code (Trees), to the satisfaction of the Town
Environmental Planner.
13. The Applicant shall address all outstanding technical review comments to the satisfaction of
the Town Engineer prior to the issuance of any Town permits.
14. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to pay
to the Town its actual cost of technical reviews, including, without limitation, consulting fees,
prior to the issuance of any Town permits.
15. If there is to be mechanical rock removal, subject to the following, as well as any applicable
law:
(a) To the satisfaction of the Town Engineer, the Applicant shall hire and compensate a
professional firm (hereinafter referred to as the “Professional Firm”) to inspect and record the
condition of all structures (including retaining walls) adjacent to or across the street from the
Property prior to the commencement of mechanical rock removal, and to monitor and
document it.
(b) At least fourteen (14) days prior to the start of mechanical rock removal, all the owners of such
properties and any additional nearby properties recommended by the Professional Firm shall
be contacted, in writing, by the Applicant or the Professional Firm, to arrange a pre-condition
survey, to be conducted at the Applicant’s expense.
(c) The Applicant shall be required to pay the reasonable cost of repairs resulting from damage
caused by the mechanical rock removal.
(d) Prior to issuance of a Certificate of Occupancy or Certificate of Completion, the Applicant
shall submit, to the satisfaction of the Town Engineer, all inspection reports related to the
mechanical rock removal.
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(e) No mechanical rock removal permit shall be issued unless the applicant has a dust mitigation
plan approved by the Town Building Department. Such dust mitigation plan shall incorporate
the best dust control practices including, but not limited to, a water spray system (air
suppression or surface wetting). Portable hand water sprinklers or hose sprinklers are
acceptable means of wetting for dust control if the water sprays or jets shall break the water
stream into small droplets or otherwise provide effective wetting. The dust mitigation plan
shall include measures to control water runoff as a result of any water spray program.
(f) The portion of trucks and other vehicles used to transport particulate matter shall be covered
and any particulate matter kept on site shall be sufficiently wetted or stored to prevent
particulate matter from becoming airborne.
(g) Suitable drainage means shall be provided for the removal of water and sludge which drains
from the operation.
(h) Soil or debris piles shall be moistened if dust is being emitted from the piles due to prevailing
winds and not from a momentary gust. Adequately secured tarps, plastic or other material may
be required by the Building Department to further reduce dust emissions.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
46 Villa Road - 46 Villa Road LLC – Residential Site Plan - Public Hearing
Frank Marsella, the applicant's architect, and Benedict Salanitro, the applicant's engineer, were
present via ZOOM.
Mr. Marsella stated that the lot is nonconforming at 50 feet wide and that the existing
nonconforming house will be removed and replaced with a similar zoning compliant house.
Mr. Salanitro stated that he amended the plan as per staff commentary and received a consistency
review from Coastal Zone Management Commission.
Landscaping was discussed. Ms. Aitchison asked that tree protection be shown on the plan, and
Mr. Salanitro agreed. It was suggested that the dry wells be rotated 90 degrees.
Mr. Brill confirmed that the application was duly noticed.
Motion: to open the public hearing
Moved by Edmund Papazian, seconded by Elizabeth Cooney
Action: Unanimously approved
Mr. Engel asked if there were any public comments, there were none. Mr. Wasp stated that no
attendees had their hands raised, and Ms. Aitchison stated that no emails were received concerning
this application.
Motion: To close the public hearing
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Moved by Elizabeth Cooney, seconded by Ron Mandel
Action: Unanimously approved
Motion: To approve the draft resolution that had been prepared by counsel
Moved by Elizabeth Cooney, seconded by Ron Mandel
Action: Unanimously approved
RESOLUTION
Residential Site Plan Approval
46 Villa Road
Town of Mamaroneck, New York
On motion of Elizabeth Cooney, seconded by Ron Mandel, the site plan application of 46 Villa
Road LLC (the “Applicant”) was APPROVED by the Planning Board of the Town of Mamaroneck
(the “Board”) upon the following resolution, which was adopted by a vote of 5 to 0, with no
abstentions:
WHEREAS, the Applicant has applied for residential site plan approval to construct a single-
family house (the "Application") at property located at 46 Villa Road, Town of Mamaroneck, New
York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 11,
Lot 15 (the "Property"); and
WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter
178 of the Town of Mamaroneck Code (the “Residential Site Plan Law”); and
WHEREAS, the Applicant has provided all information required by the Residential Site Plan Law
and the Application was deemed by the Board to be complete; and
WHEREAS, the Town Building Inspector, in a memorandum dated September 29, 2020, stated
that the proposed site work is zoning compliant; and
WHEREAS, on November 11, 2020 the Secretary of the Planning Board stated for the record that
all required referrals were made in accordance with §178-9 of the Residential Site Plan Law and
no comments were received; and
WHEREAS, the Town Engineer, the Town Building Inspector and Dolph Rotfeld Engineering,
division of AI Engineers, Inc., PC (the “Town’s Consulting Engineer”) reviewed the following
plans (hereinafter referred to as the “Plans”):
Architects Drawings titled: “New Residence at 46 Villa Rd”, prepared by Marsella +
Knoetgen Architects, PLLC, dated 10/28/20;
Civil Engineers Drawings titled: “Erosion Control and Site Improvement Plan”, prepared by
Benedict A. Salanitro, P.E., P.C., dated 9/13/20, last revised 10/27/20;
WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town
Code, the Planning Board opened a duly noticed public hearing for this Application on November
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11, 2020, in accordance with Governor Cuomo’s Executive Orders 202.1 and 202.15, as extended;
and
WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Town’s Coastal
Zone Management Commission (the “CZMC”) reviewed this matter and issued a letter to the
Planning Board, dated November 10, 2020 (the “CZMC Letter”); and
WHEREAS, the CZMC Letter stated that the Applicant’s proposal is consistent with the policies
of the Local Waterfront Revitalization Program; and
WHEREAS, the Planning Board has considered the Application, comments and responses to
questions by the Applicant and its representatives, the CZMC Letter, the reports and comments of
the Town's Consulting Engineer, and heard any interested members of the public; and
WHEREAS, this is a Type II action having no significant impact on the environment pursuant to
the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A(22) of
the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further
environmental review is required; and
WHEREAS, the Board finds that the Application conforms to the standards established by §178-
12 of the Residential Site Plan Law.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board APPROVES the
Application as reflected in the hereinabove specified Plans submitted in connection with the
Application, subject to the following terms and conditions:
1. All site work shall be in accordance with the latest revised Plans, as hereinabove referenced,
as conditioned and/or modified in accordance with the direction of the Board, which
modifications were agreed to by the Applicant.
2. The Applicant shall submit plans reflecting all conditions or modifications referred to above
for the review and approval of the Town Building Inspector and Town Engineer prior to the
granting of any building permits.
3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance
of any Town permits.
4. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require
any modification to the site plan approved by this resolution, a determination shall be made by
the Town Building Inspector, in consultation with the Town Engineer, as to whether the
modification is substantial and thus should be further considered by the Planning Board.
5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector and
the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all
earthwork and land disturbance to the Town Building Inspector for approval prior to
commencing site work. The Applicant shall notify the Town Building Inspector and Town
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Engineer at least 72 hours (not including weekends and holidays) in advance of any site
disturbance to inspect the installation of erosion and sediment control devices and any other
measures intended to mitigate construction impacts.
6. Work conducted under Town permits shall be open to inspection at any time, including
weekends and holidays, by the Town of Mamaroneck Building Inspector, the Town Engineer,
the Town’s Consulting Engineer, the Town’s Environmental Planner and/or their designated
representative(s).
7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall
be issued until a signed site plan is delivered to the Town Building Inspector.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of
the Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior
HVAC equipment conforms with modern industry standards for sound emission and that best
practices for sound mitigation have been implemented.
9. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Applicant
shall deliver to the Town Building Inspector an “as built” survey, including, but not limited to,
all constructed site utilities and stormwater management structures.
10. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of
Occupancy or Certificate of Completion shall be issued until all of the required conditions of
this approval have been met.
11. The term “Applicant” is used herein with the intent to impose a future obligation or condition
on the Applicant, as defined above, and on any successor or assignee in/of an ownership
interest of the Property or any portion thereof.
12. All tree removal, protection and landscape plantings shall be in compliance with the approved
Plans and Chapter 207 of the Town Code (Trees), to the satisfaction of the Town
Environmental Planner.
13. The Applicant shall address all outstanding technical review comments to the satisfaction of
the Town Engineer prior to the issuance of any Town permits.
14. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to pay
to the Town its actual cost of technical reviews, including, without limitation, consulting fees,
prior to the issuance of any Town permits.
15. If there is to be mechanical rock removal, subject to the following, as well as any applicable
law:
(a) To the satisfaction of the Town Engineer, the Applicant shall hire and compensate a
professional firm (hereinafter referred to as the “Professional Firm”) to inspect and record the
condition of all structures (including retaining walls) adjacent to or across the street from the
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Property prior to the commencement of mechanical rock removal, and to monitor and
document it.
(b) At least fourteen (14) days prior to the start of mechanical rock removal, all the owners of such
properties and any additional nearby properties recommended by the Professional Firm shall
be contacted, in writing, by the Applicant or the Professional Firm, to arrange a pre-condition
survey, to be conducted at the Applicant’s expense.
(c) The Applicant shall be required to pay the reasonable cost of repairs resulting from damage
caused by the mechanical rock removal.
(d) Prior to issuance of a Certificate of Occupancy or Certificate of Completion, the Applicant
shall submit, to the satisfaction of the Town Engineer, all inspection reports related to the
mechanical rock removal.
(e) No mechanical rock removal permit shall be issued unless the applicant has a dust mitigation
plan approved by the Town Building Department. Such dust mitigation plan shall incorporate
the best dust control practices including, but not limited to, a water spray system (air
suppression or surface wetting). Portable hand water sprinklers or hose sprinklers are
acceptable means of wetting for dust control if the water sprays or jets shall break the water
stream into small droplets or otherwise provide effective wetting. The dust mitigation plan
shall include measures to control water runoff as a result of any water spray program.
(f) The portion of trucks and other vehicles used to transport particulate matter shall be covered
and any particulate matter kept on site shall be sufficiently wetted or stored to prevent
particulate matter from becoming airborne.
(g) Suitable drainage means shall be provided for the removal of water and sludge which drains
from the operation.
(h) Soil or debris piles shall be moistened if dust is being emitted from the piles due to prevailing
winds and not from a momentary gust. Adequately secured tarps, plastic or other material may
be required by the Building Department to further reduce dust emissions.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
808 Weaver Street- Homeland LLC/Verizon Wireless – Cellular Telephone Facility –
Consideration
John Cuddy, who had previously recused himself, turned off his microphone and camera and did
not participate during this portion of the meeting.
David Kenny, Esq. Gary Hartman, Matthew Allen, Joe Napolitano, Klaus Wimner and Bob Burns
were present via ZOOM on behalf of the applicants.
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Mr. Kenny stated that in response to Board comments, they had made a better design, lowering
fake branches, and increasing the size of the propane tank. He explained that the branches could
only be lowered 10 feet because anything lower would cause a structural issue. An engineer's
letter was submitted to corroborate and explain this.
Photos of existing locations were supplied as requested.
Mr. Engel asked about the installation of emergency equipment, including power cables, and Mr.
Kenny responded it would be installed free of charge and be rent free.
Mr. Menkes, the Planning Board's radio frequency/wireless consultant, summarized his report. He
addressed issues related to cellular service coverage gaps, the safety of the radio frequency waves,
alternative heights of the monopole, and alternative locations for the facility. He concluded that
the facility, as proposed, is justified, reasonable, and complies with federal health and safety
requirements.
Mr. Kenny stated that AT&T had expressed interest to co-locate, and the applicant has also reached
out to T-Mobile, each of which would have to appear before this Board for approval to install their
antennas on the monopole.
Installation of 5G technology was discussed, and the applicants explained that 5G technology is
not proposed for installation on the monopole.
Mr. Engel reminded the Board that a special meeting had been scheduled for a public hearing on
this application on November 17, 2020.
112 N. Chatsworth - 112 N Chatsworth LLC – Residential Site Plan - Consideration
Mr. Cuddy turned on his microphone and camera and rejoined the meeting as an Alternate
Member.
Frank Marsella, the applicant's architect, and Eliot Senor, the applicant's engineer, were present
via ZOOM.
Mr. Marsella stated that they are proposing a new single-family dwelling, moving the driveway
away from the neighbor's property and shortening it. The property is a pre-existing nonconforming
property.
Mr. Senor stated that the property is relatively level, and they are proposing four Cultecs in the
front and six in the rear.
Mr. Engel stated the neighbor's wall is encroaching, and now may be the time to move the wall.
Rock removal was discussed, and Mr. Senor stated that test pits did not hit rock eight feet down,
which would be lower than the proposed basement.
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Tree removal was discussed. Ms. Aitchison stated that the split tree should be removed.
Mr. Oliveri stated that fill near the tree and the proposed Cultecs should be studied.
Mr. Senor asked for a public hearing to be set.
Motion: To set a public hearing for December 9, 2020
Moved by Edmund Papazian, seconded by Ron Mandel
Action: Unanimously approved.
ADJOURNMENT
The meeting was adjourned at 12:54 A.M.
Minutes prepared by
_________________________
Francine M. Brill
Planning Board Secretary
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