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HomeMy WebLinkAbout2020_12_09 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD REMOTELY Via ZOOM ON DECEMBER 9, 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 7:31 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 November 11, 2020 meeting were discussed, and modifications were proposed. Motion: To approve the draft minutes of the November 11, 2020 meeting, as modified Moved by Ron Mandel, seconded by Elizabeth Cooney Action: Unanimously Approved 1 The minutes of the November 17, 2020 special meeting were discussed, and modifications were proposed. Motion: To approve the minutes of the November 17, 2020 meeting, as modified Moved by Ira Block, seconded by Ron Mandel Action: Unanimously Approved Mr. Engel stated that the items 4 and 5 on the agenda will not be heard tonight. Homeland/Verizon Cell Tower - 808 Weaver Street - Bonnie Briar Country Club Public Hearing continued (for written comments only). 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 Wimmer and David Tulchin, Esq. were present via ZOOM on behalf of the applicants. Ms. Brill, Mr. Wasp and Ms. Aitchison reported that there were no new written comments received after the November 17 special meeting. Motion: To close the public hearing Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved Ms. Aitchison discussed the draft Negative Declaration and the draft Environmental Assessment Form with the Board. Motion: To adopt the draft Negative Declaration Moved by Ira Block, seconded by Elizabeth Cooney Action: Unanimously approved The draft resolution was discussed. Mr. Mandel questioned the design of the monopole and stealth features as the photo of previously installed towers and the computer rendition seemed to him to be different. Mr. Kenny responded that specs are included on the plan and the photo is an example of what will be installed as the renditions are from a distance and do not show the details. Mr. Kenny stated that the applicant will supply color swatches and Mr. Block stated that this should be included in the resolution. The Board discussed access to the site and Mr. Kenny responded that this will be addressed in the license agreement. The applicant stated that the site will be accessible for any emergency but access for routine service must be by appointment so as not to disrupt the use of the golf course. Motion: To approve the draft resolution, with proposed modifications Moved by Elizabeth Cooney, seconded by Edmund Papazian 2 Action: Unanimously approved RESOLUTION HOMELAND TOWERS, LLC and VERIZON WIRELESS 808 WEAVER STREET TOWN OF MAMARONECK, NEW YORK On motion of Elizabeth Cooney, seconded by Edmund Papazian, the site plan and special use permit application of Homeland Towers, LLC and Verizon Wireless (collectively, 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 site plan approval and a special use permit to construct a “cellular telephone facility” (the "Application") at property leased from Bonnie Briar Country Club located at 808 Weaver Street, Town of Mamaroneck, New York and known on the Tax Assessment Map as Section 2 Block 25, Lot 1.1 (the "Property"); and WHEREAS, Section 240-10 of the Zoning Code of the Town of Mamaroneck (the “Zoning Code”) defines “cellular telephone facility” as “All facilities, equipment, apparatus and devices used for cellular telephone communications;” and WHEREAS, the Property is located in the “Recreation” zoning designation which, pursuant to Section 240-21.1(B)(3) of the Zoning Code, allows cellular telephone facilities as a specially permitted use; and WHEREAS, Section 240-19.1 of the Zoning Code states that no cellular telephone facility shall be used, erected, moved, reconstructed, changed or altered unless in conformity with the regulations of such section; and WHEREAS, the cellular telephone facility which is the subject of this Application consists of a new 120-foot self-supporting monopole (125 feet to top of fake branches) designed to resemble a pine tree (the “Monopole”), with a fenced equipment compound at the base (collectively, the “Cellular Facility”); and WHEREAS, the fenced equipment compound will include up to four (4) generators to be powered by separate 1,000-gallon propane fuel tanks to provide backup power for the Cellular Facility, plus an additional generator and propane tank to provide backup power to the Town’s emergency services devices which will be affixed to the Monopole; and WHEREAS, other than the Town’s backup power generator and propane tank only one (1) tank and one (1) generator is proposed with this Application; and WHEREAS, the Cellular Facility is designed to provide wireless service along a portion of Weaver Street (Route 125) and surrounding local roads and areas in the vicinity of the Property; and 3 WHEREAS, the Applicant has stated its willingness to coordinate with other wireless carriers in order to facilitate co-location; and WHEREAS, the Applicant has agreed to coordinate with the Town of Mamaroneck and to provide free installation of and rent-free space for the Town’s emergency services devices; and WHEREAS, the Applicant has applied for site plan approval pursuant to Section 240-19.1 of the Zoning Code; and WHEREAS, the Town Building Inspector, in a memorandum dated July 22, 2020, stated that the proposed telecommunications tower construction is not subject to the restrictions established in the Town Zoning Code in accordance with the Telecommunications Act of 1996 and thereby does not require an area variance to be granted; and WHEREAS, the Applicant requested a determination by the Town Building Inspector with respect to Section §240-19.1(F) of the Zoning Code, which requires for all “\[a\]ntennas or sources of NIER” a setback of at least 1,200 feet “from the nearest neighboring residential property”; and WHEREAS, the Town Building Inspector, after consultation with the Counsel to the Planning Board. issued a memo to the Planning Board, dated July 22, 2020, which stated that the 1,200-foot setback required in §240-19.1(F) is unenforceable because it is preempted by the federal Telecommunications Act (47 U.S.C. §332(c)(7)(B)(iv)), and, therefore, no variance or relief from this Zoning Code section is required; and WHEREAS, the Applicant offered to make a contribution to the Town Tree Fund in the amount of ten thousand dollars ($10,000) to enable the planting of offsite trees to help screen the Monopole; and WHEREAS, the Applicant’s initial submission consisted of the following materials:  Planning Board Application Form;  Authorization of Applicant and Letter of Authorization from Property Owner;  Deed for Property;  Special Permit Checklist;  Site Plan Checklist;  Coastal Assessment Form;  Memorandum in Support of Application;  Copies of Previous Approvals issued for the Property;  Environmental Assessment Form with Visual Environmental Assessment Form Addendum;  Visual Resource Assessment Report;  The report submitted by Pinnacle Telecom Group, dated June 2, 2020, entitled “Antenna Site FCC RF Compliance Report, Homeland Towers, LLC, Site NY160 – Bonnie Briar, 808 Weaver Street, Larchmont, NY” 4  RF report by VComm Telecommunication Engineering, prepared by Dominic C. Villecco and David K. Stern, dated June 22, 2020, entitled, “Homeland Towers, LLC, NY160 Site, 808 Weaver Street, Town of Mamaroneck, Westchester County, NY”  Supplemental RF report by VComm Telecommunication Engineering, prepared by Dominic C. Villecco and David K. Stern, and dated September 8, 2020, entitled, “Homeland Towers, LLC, NY160 Site, 808 Weaver Street, Town of Mamaroneck, Westchester County, NY”  FAA Determination of No Hazard to Air Navigation;  Structural Certification;  Alternatives Analysis; and  Site Plan; and WHEREAS, in response to requests by the Planning Board, the Applicant submitted the following additional materials:  Revised Visual Resource Assessment to clearly identify balloon was flown at 125 feet and correct viewpoint identification numbers on Page 4.  Supplemental Verizon RF Justification Report;  AT&T RF Information;  Letter in Response to Engineer Comments;  Revised Site Plan  Revised EAF, in response to comments as noted below;  EBI Letter, confirming Facility will not have an adverse impact on wildlife or the CEA;  Archeological Report, confirming project will not adversely impact archeological or cultural material;  Maintenance Plan, which includes maintenance tasks and frequency of technician visits;  Generator Letter with information on length of time for backup power and noise levels;  Line of Site Profiles showing viewpoints from Sheldrake Environmental Center and Larchmont Reservoir-James G. Johnson, Jr. Conservancy;  Revised VRA to clarify location descriptions for Larchmont Reservoir-James G. Johnson, Jr. Conservancy and Sheldrake Environmental Center; and  Revised Site Plan including additional information on foundation design, and land disturbance.  RF report by VComm Telecommunication Engineering, prepared by Dominic C. Villecco and David K. Stern, and dated October 12, 2020 entitled, “Homeland Towers, LLC, NY160 Site, 808 Weaver Street, Town of Mamaroneck, Westchester County, NY, Supplemental Report 2”  Radio Frequency report, prepared by Daniel Penesso, dated August, 28, 2020, entitled “Before the Town Of Mamaroneck - Comprehensive Radio Frequency Report”  Letter to the Mamaroneck Planning Board from Daniel Penesso, date October 12, 2020, regarding, ”New Cingular Wireless PCS, LLC (AT&T), Proposed Wireless Telecommunications Facility, Premises: 808 Weaver Street, Larchmont, NY 10538”  Collocation Commitment Letter from Homeland Towers.  Generator Backup Power Letter dated October 26, 2020;  Letter from Homeland Towers Re Backup Power dated October 27, 2020; 5  Structural Letter dated October 27, 2020;  Photo examples of Monopines (First two pictures from a facility located at 101 Bloomer Road, North Salem, NY, and third picture from 124 Penny Road Pawling, NY);  Letter from EBI in Response to Environmental Comments dated October 27, 2020;  Revised Zoning Drawings with branch height lowered and propane tank size increased.  Cultural Resource Survey; and  Stormwater Management Report, dated November 2020; and WHEREAS, The Town retained Menkes Associates, LLC, a radio frequency engineer, as the Planning Board’s consultant (the “Planning Board’s RF Consultant”) to review and, as appropriate, to substantiate the Applicant’s statements about the present service coverage gap, the proposed reduced service coverage gap, the height of the proposed Monopole and radiation from proposed Verizon antennas, and to advise the Planning Board on other related issues; and WHEREAS, the Planning Board discussed the Application at duly noticed, regularly scheduled public meetings of the Planning Board, in accordance with Governor Cuomo’s Executive Orders 202.1, as extended, on August 12, September 9, October 14 and November 11, 2020; and WHEREAS, the Applicant’s initial submission proposed a 500-gallon propane tank to fuel a generator to provide backup power during any electrical power outage; and WHEREAS, in response to a request by the Applicant to consider alternatives to increase the length of time that backup power would be provided, the Applicant agreed to provide a tank that will accommodate 1000 gallons of propane, and to keep it at least 90% full, except while fueling the generator during electrical power outages; and WHEREAS, in anticipation of additional wireless carriers and municipal services, the Applicant confirmed that the Property can accommodate four (4) 1000-gallon propane tanks; and WHEREAS, the Applicant presented, and the Board considered, alternative locations of the Cellular Facility, such as the Winged Foot water tank adjacent to the Winged Foot Golf Club; and WHREREAS, the Board considered alternative heights for the Monopole; and WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Coastal Zone Management Commission (“CZMC”) reviewed the Application at its September 21, 2020 meeting and issued a letter to the Planning Board, dated October 1, 2020 (the “CZMC Letter”), stating that the Applicant’s proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, during the course of the Planning Board’s review, the Application was referred to the Town Police Department, Town Fire Department and Town Emergency Services Department; and WHEREAS, during the course of the Planning Board’s review of the Application, the Planning Board received and considered the following written materials prepared by Town staff, consultants 6 and organizations: Town Building Inspector, Richard B. Polcari:  Memo to Building Permit file, Cc: Planning Board and Town Engineer, dated July 22, 2020 Town Engineer, Robert P. Wasp, P.E., C.D.T.:  Email to David Kenny, Esq., Applicant’s attorney, Cc: Planning Board, dated September 8, 2020, Re: List of Incomplete/Supplemental Items for Homeland Towers/Bonnie Briar Application Town Environmental Planner, Elizabeth Aitchison:  Memo to Ralph Engel, Planning Board Chairman, dated October 13, 2020, Re: Review of Cultural Resource Survey of the Proposed Bonnie Briar/ NY160 Cell Tower, Westchester County, New York Town Consulting Engineer, Anthony Oliveri, Dolph Rotfeld Engineering, division of AI Engineers, Inc., PC:  Memo to the Planning Board, dated August 6, 2020; and  Memo to Planning Board, dated November 5, 2020 Planning Board’s RF Consultant, Hank Menkes, Menkes Associates, LLC:  Letter to Ralph Engel, Esq., Planning Board Chairman, dated September 23, 2020  Radio Frequency Evaluation and Recommendations, dated October 20, 2020 (the “Planning Board’s RF Consultant’s Report”) Coastal Zone Management Commission:  The CZMC Letter, dated October 1, 2020, as hereinabove referenced Other Town Organizations:  A report prepared for the Town of Mamaroneck Planning Board by the Town of Mamaroneck Sustainability Collaborative, dated September 10, 2020, re Proposed Wireless Communications Cell Tower at Bonnie Briar Golf Club WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board convened a special meeting and opened a duly noticed public hearing relating to this Application on November 17, 2020, in accordance with Governor Cuomo’s Executive Orders 202.1 and 202.15, as extended; and WHEREAS, during the course of the Planning Board’s review of the Application, the Planning Board reviewed and considered comments, letters and emails submitted by Town residents and interested parties as well as comments presented at the public hearing; and WHEREAS, the Planning Board is familiar with and has inspected the Property and has carefully considered the following: the Application, all of the hereinabove referenced submissions, comments and responses to questions by the Applicant and its representatives, the CZMC Letter, 7 the reports and comments of the Town's staff and consultants, written comments submitted by members of the public and questions and comments from interested members of the public at the public hearing; and WHEREAS, based upon its review of the record before it in this matter, the Planning Board makes the following findings: a) The proposed Cellular Facility will serve a community need and convenience. b) The location and size of the Cellular Facility is reasonable and appropriate. c) The proposed stealth design to resemble a pine tree with dense, non-uniform branching pattern beginning no higher than 40-feet off the ground, five-feet of topping branches and antenna “socks” will help to blend the structure with the visual characteristics of the surrounding landscape and soften its visual appearance. d) The Cellular Facility is in conformity with the purposes and intent of the Recreation zone district and conforms to the requirements of Section 240-21.1of the Zoning Code. e) Operations in connection with the Cellular Facility will not be more objectionable to nearby properties than would be the operations of any other use permitted in the Recreation zone district not requiring a special use permit. f) Onsite plantings will not significantly mitigate the visual impact of the Cellular Facility from residential areas or important views. g) The Applicant’s agreement, at its suggestion, to contribute ten thousand dollars ($10,000) to the Town Tree Fund will allow offsite planting to mitigate the visibility of the Monopole. h) The submission of a landscape plan is not required, because onsite plantings would not significantly mitigate the visual impact of the Cellular Facility, and the Applicant’s contribution of ten thousand dollars ($10,000) to the Town’s Tree Fund will support offsite plantings to mitigate the visibility of the Monopole from residential areas and important views. i) As demonstrated by the Applicant’s Visual Assessment Report and revisions thereto, the visual impact of the Monopole will be minimized due to its stealth design to resemble a pine tree, the placement of the Cellular Facility near an area currently used for outdoor storage of machinery within a maintenance area on Bonnie Briar Country Club, and offsite planting within the Sheldrake Environmental Center and Larchmont Reservoir-James G. Johnson, Jr. Conservancy to be funded by the Applicant’s contribution to the Town’s Tree Fund. j) Based upon the Applicant’s Alternative Analysis and the Planning Board’s RF Consultant’s Report, the Applicant has adequately examined the availability and feasibility of alternative sites and established that such alternative sites are not available or not feasible for the construction of a wireless telecommunications facility to 8 significantly cover the identified service gap. k) As identified by the Applicant and substantiated in the Planning Board’s RF Consultant’s Report, there is an existing service gap indicating an area of less reliable coverage that would be significantly filled by antennas on the Applicant’s proposed 120-foot Monopole. l) As reported by the Planning Board’s RF Consultant, the height of the Monopole at 120 feet (125 feet to top of fake branches) is the minimum height necessary to substantially address the service gap, and adding additional height would not appreciably expand the area of service coverage. m) Compliance with the provision of the Zoning Code applicable to the color of cellular telephone facilities would be detrimental to the stealth design of the Monopole. n) After assessing alternatives for the height, color and design, the Monopole as proposed will be the least intrusive to close the significant service gap identified by the Applicant. o) As confirmed by Town staff and consultants to the Planning Board, the Application complies with the applicable requirements of the Zoning Code, with the understanding that the setback requirement in §240-19.1(F) is preempted by federal law. WHEREAS, due to its location adjacent to a “Critical Environmental Area” as defined in Chapter 92 of the Town Code, the Board determined that the Proposed Action, which otherwise would have been an unlisted action under the New York State Environmental Quality Review Act (“SEQRA”), is a Type 1 action pursuant to the Environmental Quality Review regulations found in Chapter 92, Article 1 of the Town Code (“MEQR”); and WHEREAS, the Planning Board reviewed Part 1 of the Full Environmental Assessment Form submitted by the Applicant in support of the application, sought comments from all interested agencies and, based upon such information, and in consultation with the Town Environmental Planner, completed Part 2 of the Full Environmental Assessment Form. NOW, THEREFOR, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non-significance (the “Negative Declaration”) dated December 9, 2020, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED, that the Planning Board APPROVES the Application as reflected in the most recently dated, 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 set forth below (hereinafter referred to as the “Plans”) and as conditioned and/or modified in accordance with the direction of the Board, which modifications were agreed to by the Applicant: 9  Drawings titled: “Homeland Towers Bonnie Briar”, Sheets: T-1, EX-1, R-1, R-2, SP-1, SP-2, CP-1, A-1, A-2, EC-1, EC-2, C-1, C-2, C-3, SC-1, prepared by APT Engineering, dated 10/23/2020. 2. The Applicant shall submit plans, including color swatches, as applicable, reflecting all conditions or modifications referred to herein 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 federal, regional, state and county permits shall be obtained prior to the issuance of any Town permits. 4. In the event that subsequent events may require any modification to the Plans 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. Any modification to add additional antennas, to alter the size or color of existing antennas or to change the location of existing antennas shall be deemed substantial. 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 Building Inspector, the Town Engineer, the Town Consulting Engineer, the Town Environmental Planner and/or their designated representative(s). 7. 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 or leasehold or any other interest in the Property, in the Cellular Facility, or in any portion thereof. 8. Any tree removal, protection and landscape plantings shall be in compliance with the approved Plans and Chapter 207 of the Town Code, to the satisfaction of the Town Environmental Planner. 9. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 10. 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. 11. No construction or servicing vehicles for the Cellular Facility shall be parked, even momentarily, on Weaver Street or on residential streets in the vicinity of the Property. 10 12. The Special Use Permit shall expire on the first to occur of (a) December 9, 2022; (b) if all construction included in the site plan (other than the possible future installation of antennas and support facilities within the Cellular Facility for cellular service providers other than Verizon) is not yet completed, and Verizon’s cellular antennas are not yet properly functioning, on December 9, 2021, or (c) if, after December 9, 2021, no cellular carriers have properly functioning antennas on the Monopole for more than nine (9) consecutive months for any reason, the special use permit shall expire at the end of such nine month period. 13. The Applicant will not charge any rent or fees to the Town for the Town’s use of the Monopole for its emergency services and public works devices, for the installation of its said devices on the Monopole (if made available to the Applicant before the installation of Verizon’s antennas is completed), or for the running of cables inside the Monopole from such devices to their power source within the Cellular Facility. 14. 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) within five hundred (500) feet of the proposed Cellular Facility 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. 11 (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. Conditions to be satisfied prior to the issuance of a building permit: 15. The Applicant shall submit final plans, including detailed structural plans, to the satisfaction of the Town Building and Engineering Departments. Such plans shall also indicate, to the satisfaction of the Town Environmental Planner, that the installation shall resemble the coloring of an evergreen tree, including that the color of the fake branches, supports, antennas and socks will be such a shade of green and the color of the Monopole shall be such a shade of brown. 16. The Applicant shall make a contribution of ten thousand dollars ($10,000) to the Town’s Tree Fund for offsite plantings primarily on public property from which the Monopole is visible. 17. The Applicant shall post a bond, to cover the cost of maintenance, removal and disposal of the entire Cellular Facility, above and below ground, with a surety, in an amount, in a form and with provisions satisfactory to the Town’s Building Department (and the Town’s attorneys and/or consultants, as the case may be) to ensure that the propane tanks are kept filled, as described above, to ensure that the entire Cellular Facility is maintained in accordance with the above-described Maintenance Plan, and to cover the cost of the removal and disposal of the Monopole, its base and the entire Cellular Facility if the Special Use Permit (and any extensions thereof) expires as described above and is not renewed within six (6) months after it expires (the “Performance/Removal Bond”). 18. The Applicant shall be responsible for the performance of all special inspections by third party entities in accordance with Chapter 17 of the NYS Building Code as part of the building permit. All inspection reports shall be transmitted to the Town Building Department for review and approval prior to issuance of a certificate of completion. Conditions to be satisfied prior to the issuance of a certificate of completion: 19. The fake branches on the Monopole shall begin no higher than 40 feet off the ground and shall continue, uninterrupted, to a height of about 125 feet from the base of the Monopole. 20. All antennas, radio heads and other devices installed on the Monopole shall be camouflaged to the maximum extent possible with “socks” to match the color of the fake branches, as shown on the Plans hereinabove referenced. 12 21. The Applicant shall deliver to the Town Building Inspector an “as built” survey, including, but not limited to, all constructed site facilities, all constructed site utilities, underground facilities and stormwater management structures. 22. The Applicant shall ensure that ground disturbance conforms to the line of disturbance shown on the Plans. If any ground disturbance beyond that shown on the Plans is required, the Applicant shall first obtain, from the Town Building Department, a modified Stormwater Management and Sediment and Erosion Control Permit pursuant to Chapter 95 of the Code of the Town of Mamaroneck. 23. In consultation with the Town Building Department and its communications vendor, the Applicant shall pay for the installation of all Town requested and supplied Town emergency equipment on the Monopole, including the installation of the above-described cabling within the Monopole, free of charge, and shall coordinate such installation with the Town’s communications vendor, shall give the Town at least fourteen (14) days’ notice of when the Town’s materials are to be delivered and of where they are to be delivered. The installation of Town ground equipment can happen any time, free of charge. 24. The Applicant shall submit a certification prepared by a professional engineer licensed by the State of New York that the Tower foundation sub-grade was inspected and found acceptable to support the current and future anticipated tower design loads at full-build-out. Conditions which shall survive the issuance of a certificate of completion: 25. The Monopole and everything within the Cellular Facility shall be inspected by a professional engineer licensed by the State of New York retained by the Applicant on an annual basis, and at any other time upon a determination, by the Town Building Inspector, the Town Engineer, the Town’s Consulting Engineer or an expert retained by the Town that the Monopole, anything normally attached to it or within the Cellular Facility might have sustained damage or be structurally unsound. To facilitate the same, the Applicant shall provide the Town Building Department with whatever keys and/or other devices are necessary to gain unrestricted access to the Cellular Facility at ground level. A copy of the inspection report shall be submitted to the Town Building Department, and the Town may hire a qualified professional of its choosing to review and certify such inspection report, the cost of which shall be reimbursed by the Applicant. 26. Subject to the terms of the Applicant’s lease with the owner of the Property or in the event of an emergency, the Town and its representatives shall have access to the Cellular Facility as reasonably necessary for the maintenance and repair of the Town’s equipment. 27. The 1000-gallon tank to power the generator providing backup power to Verizon’s antennas shall be kept at least ninety percent (90%) full of propane at all times, except while fueling the generator to which it is attached during an electrical power outage and, even then, shall be kept at least fifty percent (50%) full of propane. 13 28. No antenna, radio head or similar device to be installed on the Monopole shall protrude beyond the fake branches on the Monopole. All shall maintain the stealth design with matching “socks” to provide camouflage. All shall be well within the structural limits of the Monopole. 29. All “socks” shall be promptly replaced when necessary, which shall include if torn, if not totally attached to the applicable antenna, and/or if the color of the “sock” does not match the color of the fake branches on the Monopole in the vicinity of the applicable “sock.” 30. There shall be no removal of fake branches in connection with installation of any antennas, radio heads and similar devices except temporarily, for up to an aggregate of five (5) consecutive working days (per installation) on which such devices are actively being installed. Any fake branches that break or fall off shall be promptly replaced by matching fake branches from a source other than the Monopole. 31. Any unused antennas and/or remote radio heads shall be promptly removed if not used for more than six (6) consecutive months for any reason. 32. The Monopole, antennas, radio heads and other devices and the entire remainder of the Cellular Facility, above and below ground, shall be dismantled and removed from the Property by Homeland Towers LLC or its successors or assigns if the above-described Special Use Permit (and any extensions thereof) expires as described above and is not renewed within six (6) months after it expires. Such removal shall be completed to the satisfaction of the Town Building Inspector within nine (9) months after such expiration. 33. The Applicant shall renew, and keep in full force and effect, the above-referenced Performance/Removal Bond, the amount and sufficiency of which may from time to time, in the Town Engineer’s discretion, be adjusted to account for increased costs of maintenance and/or removal and disposal, as the case may be. 34. The Applicant shall be responsible to maintain driveway access to the proposed Tower site from Weaver Street. Maintenance of driveway access shall include prompt clearing of snow and regular upkeep of the driveway surface as necessary for safe passage by emergency vehicles and Tower maintenance crews This decision is hereby certified as true and correct and shall be filed with the Town Clerk. Mr. Kenny thanked the Board and Staff. 112 N. Chatsworth - 112 N Chatsworth LLC – Residential Site Plan – Public Hearing Mr. Cuddy returned by turning on his camera and microphone. Ms. Brill stated that the application was duly noticed. Motion: To open the public hearing Moved by Edmund Papazian, seconded by Elizabeth Cooney 14 Action: Unanimously Approved Frank Marsella, Eliot Senor, and Dean Scampone were present via ZOOM. Mr. Oliveri stated that all his comments have been addressed. Mr. Engel stated that the Board received a letter from Mr. Orisino and an email from Mr. Silvershere regarding the pruning and protection of trees. Ms. Aitchison stated that two trees are dangerous and will be impacted by construction and the sweet gum in the rear has been deemed hazardous by an arborist. Mr. Marsella shared his screen and explained that the tree in front has fractures and is dangerous but the street tree will be protected. Mr. Wasp made an announcement inviting members of the public to speak. Evan List, of 114 North Chatsworth Avenue, stated that he agrees with the Town as the front tree has been dropping branches. Ms. Brill stated that all required referrals were made, and no comments were received. Motion: To close the public hearing. Moved by Elizabeth Cooney, seconded by Edmund Papazian Action: Unanimously approved The Board discussed the draft resolution, and modifications were made. Motion: To approve the resolution as modified Moved by Edmund Papazian, seconded by Ira Block Action: Unanimously approved RESOLUTION Residential Site Plan Approval 112 North Chatsworth Avenue Town of Mamaroneck, New York On motion of Edmund Papazian, seconded by Ira Block, the site plan application of 112 North. Chatsworth 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 112 North Chatsworth Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 13, Lot 248 (the "Property"); and 15 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 December 8, 2020, stated that the proposed site work is zoning compliant; and WHEREAS, on December 9, 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”):  Architectural Drawings: “New Residence at 112 N. Chatsworth Ave”, Sheets: A0.0 – A5.0, L-1, prepared by Marsella + Knoetgen Architects, PLLC, dated 10/28/20, last revised 11/23/20;  Engineers Drawings: “Stormwater Pollution Prevention and Erosion Control Plan”, Sheets: EC-1, EC-2, prepared by Gabriel E. Senor, P.C., dated 9/29/20, last revised 11/23/20; and 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 December 9, 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 at its meeting on November 23, 2020 and issued a letter to the Planning Board, dated December 4, 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 comments from 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- 16 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 the final plans to the Town Building Inspector and the Town Engineer for review and approval 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. 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. 17 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) Within a reasonable time 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 18 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. 1275 Boston Post Road – PETCO – Special Use Permit Renewal - Public Hearing Joseph DiSalvo, Esq. and Christopher Durand, the Manager of PETCO, were present via ZOOM. The Board discussed the request. Mr. Wasp stated that the dumpster gate is damaged and needs to be repaired. Mr. Durand responded that he will get it fixed. Changes to the draft resolution were discussed and read into the record. Ms. Brill stated the application was duly noticed. Motion: To open the public hearing Moved by Edmund Papazian, seconded by Ron Mandel Action: Approved Unanimously There were no public comments or emails concerning this application. Motion: To close the public hearing Moved by Edmund Papazian, seconded by Ron Mandel Action: Approved Unanimously Motion: To approve the resolution as modified with the expiration date November 14, 2022 Moved by Edmund Papazian, seconded by Ron Mandel Action: Approved Unanimously RESOLUTION SPECIAL USE PERMIT RENEWAL PETCO - 1275 Boston Post Road Town of Mamaroneck, New York 19 On motion of Edmond Papazian, seconded by Ron Mandel, the application of PETCO Animal Supplies, Inc. (the “Applicant”) to extend its special use permit was APPROVED by the Planning Board of the Town of Mamaroneck (the “Board”) upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions: WHEREAS, the Applicant submitted an application for renewal of a Special Use Permit for use of the premises at 1265-1275 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Lot 449 for the retail sale of small pets, pet food and pet supplies, as well as pet grooming, training and care, including limited veterinary services; and WHEREAS, Section 240-30.B of the Code of the Town of Mamaroneck (the “Town Code”) lists “Veterinary Hospitals, boarding and care of small pets” is a special permit use; and 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 December 9, 2020, in accordance with Governor Cuomo’s Executive Orders 202.1 and 202.15, as extended; and WHEREAS, this is a Type II action having no significant impact on the environmental pursuant to 6NYCRR§ 617 et seq. and, accordingly, no further action under SEQRA is required; and WHEREAS, the Planning Board has considered the application for renewal of the Special Use Permit, the plans submitted by the Applicant, comments and responses to questions by the Applicant, the reports and comments of the consulting Engineer to the Town and heard any comments from any interested members of the public. NOW, THEREFORE, BE IT RESOLVED that the Planning Board makes findings of fact as follows: 1. The proposed use, as limited by the conditions set forth herein, is in harmony with the surrounding area and does not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off adjoining streets. 2. The operations in connection with the renewal of the Special Use Permit, as limited by the conditions set forth herein, will be no more objectionable to nearby properties by reason of noise, fumes and vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit. 3. The proposed renewal of the Special Use Permit, as limited by the conditions set forth herein, will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. 4. There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck on the subject property. 20 BE IT FURTHER RESOLVED, that this Board APPROVES the application of the Applicant for the renewal of its Special Use Permit for the retail sale of small pets, pet food and pet supplies, as well as pet grooming, pet training and care, including limited veterinarian services, subject to the following terms and conditions: 1. Veterinary services will be permitted but no surgeries will be performed on site. 2. There will be no boarding of animals on site. 3. Trash will be stored in the existing garbage enclosure, which will be refurbished to the satisfaction of the Town Building Inspector, and which will be kept closed and covered, except while actually being used by a person. 4. Deliveries and garbage pickups shall be limited as follows; Monday through Friday 8:00 a.m. – 6:00 p.m. and Saturday 9:00 a.m.- 6:00 p.m. 5. Deliveries shall be permitted to the front door only. 6. The hours of operation shall be limited as follows: 9:00 a.m. – 9:00 p.m. Monday through Saturday and 10:00 a.m. – 7:00 p.m. Sunday. 7. The fence enclosing the air conditioning unit shall remain self-closing and self- latching to ensure proper closure, to the satisfaction of the Town Building Inspector. 8. Sound baffling and screening shall remain around the air conditioning unit, to the satisfaction of the Town Building Inspector. 9. The noise of the air conditioning unit shall be no greater than 82 decibels. 10. This Special Use Permit renewal shall expire on November 14, 2022. 11. This Special Use Permit is subject to termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. ADJOURNMENT Meeting was adjourned at 8:50 P.M. Minutes prepared by ____________________________________Francine M. Brill, Planning Board Secretary 21