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HomeMy WebLinkAbout2003_11_19 Town Board Minutes November 19, 2003 ADDED ITEMS TO AGENDA TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING Wednesday, November 19, 2003-Town Center Court Room 8:15 PM THE TOWN BOARD WILL CONVENE at 5:00 PM into a Work Session to discuss DEIS Forest City Daly, Boston Post Road Zoning Proposal, Rock Removal Legislation and Closure to Forest Place. The Board then will convene into Executive Session to discuss personnel at 7:15 PM. CONVENE REGULAR MEETING CONVENE INTO WORK SESSION RECESS WORK SESSION CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION Location of Exits PUBLIC HEARINGS: a) Local Law to Establish Design Requirements on the Boston Post Road. b) Local Law to Control Mechanical Removal of Rock (To be Adjourned). BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Consideration of Resolution To Accept Draft Environmental Impact Statement Forest City Daly. 2. Authorization Software Maintenance Agreement. 3. Authorization Monitoring Services Highway Garage. 4. Set Public Hearing Extension of Boston Post Road Moratorium. 5. Salary Authorizations Recreation 6- Management and Non Union Salaries 7. zoning Study on the Boston Post Road PROCLAMATION - Ellen Levy APPROVAL OF MINUTES August 4, 2003 (previously distributed) PROCLAMATION ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings December 3, 2003 December 17, 2003 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. \\CIerkserver\server\Docu men t&Ag end asCombined\20031 1-19-03.doc 1 November 19, 2003 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON NOVEMBER 19, 2003 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilwoman Judith A. Myers Councilman Ernest C. Odierna Councilwoman Nancy Seligson ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:25 PM, who then pointed out the location of exits. PUBLIC HEARINGS - a) (Adjourned) Establish Design Requirements on the Boston Post Road b) Local Law to Control Mechanical Removal of Rock (To be Adjourned). Adjourned Public Hearing Local Law to Establish Design Requirements on the Boston Post Road. It was explained the purpose of the local law is to create the orderly and proper development of Mamaroneck's business community. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the adjourned public hearing was unanimously opened. The Supervisor asked if anyone wished to speak on this matter. There were no comments. Councilwoman Myers stated she was in favor of this law. It is good framework for both applicants and for the Board of Architectural Review. It will help us to be attractive in the commercial district, appropriate to a small town. Councilwoman Wittner said most of these projects are referred to CZM and this will help. Councilwoman Seligson said it helps the Planning Board do its job as well. This gives a framework to the process. Glad to see this move forward. Councilman Odierna said he hopes this will be put on the Internet for residents to see. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the hearing was adjourned. Then on their motion and seconded, it was 2 November 19, 2003 RESOLVED, that the Town Board finds that the adoption of the proposed local law will constitute a Type II action under the New York State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. The above resolution was put to a roll call vote: Seligson Aye Odierna Aye Myers Aye Wittner Aye O'Keeffe Aye On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following local law was adopted: Local Law No. 23 2003 This local law shall be known as the "Design Requirements and Guidelines for the Improvement of Properties in certain Non-Residential Districts of the Town of Mamaroneck" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 Purpose. The Town Board has determined that future development of properties in the Town's Business District, Service Business District, Business-Mixed Use Business District and Urban Renewal Areas District should be governed by more specific design criteria to provide the Boards responsible for approving site plans and issuing special permits with the statutory predicate for the orderly and proper development of Mamaroneck's business community. Section 2 Amendment to an Existing Section of the Code of the Town of Mamaroneck Section 240-45 of the Code of the Town of Mamaroneck hereby is amended by adding the following paragraph to it: H.Design Requirements and Guidelines. (1) There are five areas where careful attention to design is warranted. Those areas are: (i) building design, (ii) landscaping on the perimeter of a lot and within its parking area, (iii) signs and exterior lighting, (iv) placement of buildings on lots and (v) parking, internal traffic circulation and curb cuts. Criteria for each such design element are set forth in paragraphs (8) (i) through (v) of this section. (2) In general: (1) for lots in this district having frontage on the Boston Post Road, the objectives of these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient business district for the town, functions as a focal point for local residents and through-travelers and blends landscaped commercial and residential structures in a compatible way; and, (ii) for lots in this district that do not have frontage on the Boston Post Road, the objectives of the criteria set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for local residents and through-travelers and develop into attractive parcels that blend landscaped commercial and residential 3 November 19, 2003 structures in a compatible way. (3) Applicants are discouraged from proposing standardized corporate franchise design. (4) In addition to complying with the standards, requirements and guidelines contained in this section, all applicants shall propose customized, site-specific designs that satisfy the criteria contained in Chapter 3 of the Code. In situations 2 Section 3 -Amendment to an Existing Section of the Code of the Town of Mamaroneck Section 240-46 of the Code of the Town of Mamaroneck hereby is amended by adding the following paragraph to it: H. Design Requirements and Guidelines. (1)There are five areas where careful attention to design is warranted. Those areas are: (1) building design, (ii) landscaping on the perimeter of a lot and within its parking area, (iii) signs and exterior lighting, (iv) placement of buildings on lots and (v) parking, internal traffic circulation and curb cuts. Criteria for each such design element are set forth in paragraphs (8) (i) through (v) of this section. (2)ln general: (i) for lots in this district having frontage on the Boston Post Road, the objectives of these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient business district for the town, functions as a focal point for local residents and through-travelers and blends landscaped commercial and residential structures in a compatible way; and, (ii) for lots in this district that do not have frontage on the Boston Post Road, the objectives of the criteria set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for local residents and through- travelers and develop into attractive parcels that blend landscaped commercial and residential structures in a compatible way. (3)Applicants are discouraged from proposing standardized corporate franchise design. (4)ln addition to complying with the standards, requirements and guidelines contained in this section, all applicants shall propose customized, site-specific designs that satisfy the criteria contained in Chapter 3 of the Code. In situations where any provision of Chapter 3 of the Code is inconsistent with any of the provisions of this section, the provisions of this section shall apply. (5)For any project which requires site plan approval and/or a special permit ("Board Approval") and involves any of the work described in paragraphs (a) through (g), below, the Board having the authority to issue such approval and/or permit (the "Issuing Board") shall not do so without first obtaining an advisory opinion from the Board of Architectural Review with respect to the design criteria contained in paragraphs B (i) through (iii) of this section. (a)Construction of a new structure; (b)Relocation of an existing structure; (c)Demolition or razing of all or a portion of the exterior of an existing structure; (d)Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any portion thereof, or, by filling in, sealing, boarding 4 November 19, 2003 up, closing or enclosing any portion of an existing window or door space of an existing structure; (e)Alteration of any roofline; (f) Construction, enlargement or alteration of any non-landscaped area on a lot, including, but not limited to, parking areas, access lanes, sidewalks, loading, refuse or storage areas; or (g)The removal or change to landscaping on the lot. (6)Prior to conducting a public hearing on an application requiring Board Approval, the Issuing Board shall refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed project's (a)Building design; (b)Landscaping on the lot perimeter and within the parking area; and (c)Signs and exterior lighting. 5 November 19, 2003 November 19, 2003 (ii)Landscaping on the lot perimeter and within the parking area. (a)The proposal landscaping shall (i) visually bind the primary structure into the larger streetscape fabric or soften the edge of a freestanding structure, (ii) provide shade, windbreak, and glare reduction to pedestrians and parked cars, (iii) physically separate pedestrians from vehicles, and (iv) provide pervious surface to assist in storm water management. (b)A coordinated landscaped design shall be required, incorporating open space and/or recreation if appropriate, walks, access drives, parking areas, and lot perimeter. The following areas shall be landscaped: 1. Along the public right-of-way. (a)Except where there is a sufficient reason not to do so, one shade tree shall be planted for every 30 feet of frontage, excluding curb cut openings. Additional front yard landscaping shall be required. 2. Along the parking lot's perimeter. (a)The landscaped perimeter strip shall be a minimum of five feet wide. Except where there is a sufficient reason not to do so, one tree and three shrubs shall be planted for every 35 linear feet. 3. Within the parking lot's interior, where appropriate. (a)Planting islands shall be evenly spaced within the parking lot. (b)No planting island shall be less than five feet wide in any dimension. (C) Plants shall be a mix of shrubs, deciduous trees, evergreen trees, and groundcover. (d)Existing parking areas shall either install landscaped islands, or increase the number of landscaped islands to the maximum extent practicable. (e)AII landscaping shall be maintained in good condition. (iii) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code, the following provisions shall be applied: (a)Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs, monument signs, or hanging signs. (b)No one business shall exceed two signs on the premises. (c)Multiple uses on a lot shall have coordinated signage. (d)Signs shall not be internally illuminated. (e)AII exterior lighting shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the light from shining directly on any adjacent residential property or street. Site illumination for uncovered areas shall be evenly distributed. (iv) Placement of buildings on the lot. (a)Primary structures should be placed as close as practicable to the front yard setback line. The preferred build-to line shall be 10 feet or less, for non- residential structures, from the boundary line between the lot and the right-of- way. The preferred build-to line for residential structures shall be 10 feet from the boundary line between the lot and the right-of-way. (b) In developments where there will be more than one structure on a single site, such structures, and their signage, landscaping, and lighting, shall be designed as an integrated part of an overall site design related to other surrounding development and topographical conditions. (v)Parking, internal circulation, and curb cuts. (a)To the maximum extent practicable, parking shall be located to the side andlor rear of the primary structure. 6 November 19, 2003 (b)No more than ten percent (10%) of the parking may be located as convenience (short-term) parking in front of the primary structure. (c)Except where there is a sufficient reason not to do so, including but not limited to, a demonstration by the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be encouraged between adjoining lots. Section 3 -Amendment to an Existing Section of the Code of the Town of Mamaroneck Section 240-46 of the Code of the Town of Mamaroneck hereby is amended by adding the following paragraph to it: H. Design Requirements and Guidelines. (1)There are five areas where careful attention to design is warranted. Those areas are: (1) building design, (ii) landscaping on the perimeter of a lot and within its parking area, (iii) signs and exterior lighting, (iv) placement of buildings on lots and (v) parking, internal traffic circulation and curb cuts. Criteria for each such design element are set forth in paragraphs (8) (i) through (v) of this section. (2)ln general: (i) for lots in this district having frontage on the Boston Post Road, the objectives of these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient business district for the town, functions as a focal point for local residents and through-travelers and blends landscaped commercial and residential structures in a compatible way; and, (ii)for lots in this district that do not have frontage on the Boston Post Road, the objectives of the criteria set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for local residents and through- travelers and develop into attractive parcels that blend landscaped commercial and residential structures in a compatible way. (3)Applicants are discouraged from proposing standardized corporate franchise design. (4)ln addition to complying with the standards, requirements and guidelines contained in this section, all applicants shall propose customized, site-specific designs that satisfy the criteria contained in Chapter 3 of the Code. In situations where any provision of Chapter 3 of the Code is inconsistent with any of the provisions of this section, the provisions of this section shall apply. (5)For any project which requires site plan approval andlor a special permit ("Board Approval") and involves any of the work described in paragraphs (a) through (g), below, the Board having the authority to issue such approval and/or permit (the "Issuing Board") shall not do so without first obtaining an advisory opinion from the Board of Architectural Review with respect to the design criteria contained in paragraphs 8 (i) through (iii) of this section. (a)Construction of a new structure; (b)Relocation of an existing structure; (c)Demolition or razing of all or a portion of the exterior of an existing structure; (d)Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any portion thereof, or, by filling in, sealing, boarding up, closing or enclosing any portion of an existing window or door space of an 7 November 19, 2003 existing structure; (e)Alteration of any roofline; (f) Construction, enlargement or alteration of any non-landscaped area on a lot, including, but not limited to, parking areas, access lanes, sidewalks, loading, refuse or storage areas; or (g)The removal or change to landscaping on the lot. (6)Prior to conducting a public hearing on an application requiring Board Approval, the Issuing Board shall refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed project's (a)Building design; (b)Landscaping on the lot perimeter and within the parking area; and (c)Signs and exterior lighting. (7)ln determining whether to grant site plan approval and/or issue a special permit, the Issuing Board shall consider the opinion rendered by the Board of Architectural Review and decide whether to accept or reject that Board's recommendations, in whole or in part. It shall also apply the design review criteria set forth below with respect to the proposed project's (a) Placement of buildings on the lot and (b) Parking, internal traffic circulation, and curb cuts. (8)The design criteria to be applied by the Board of Architectural Review when rendering its advisory opinion and by the Issuing Board in determining whether to accept or reject the Board of Architectural Review's opinion in whole or in part and in deciding whether to grant site plan approval and/or issue a special permit are: (i) Building design. (a) At least 40% of the primary structure's front elevation at street level shall be window. (b) Structures situated at corners should "wrap" the corner by continuing facade elements on all street elevations, with such elements as the overall building material and window design, and horizontal features such as the cornice. (c) Main building entrances shall face the street and shall be easily identifiable and scaled to the size of the street that they face. (d) Proposed changes in exterior architectural features shall be in harmonious relationship to the remainder of the structure and to the surrounding area. Unity and compatibility with adjacent structures is to be achieved to the maximum extent possible. Areas of review shall include the scale and general size of the structure or structures in relationship to the existing surroundings; specifically, the structure's overall height, width, street frontage, number of stories, roof type, facade openings (windows, doors, etc.), and architectural details. (e) Treatment of the sides and the rear of the structures shall be comparable in appearance and amenity to the treatment given to the street frontage elevation. (f) Building materials and colors should be selected which avoid jarring and incongruous contrasts, both within new development and when seen against existing structures. ii) Landscaping on the lot perimeter and within the parking area. (a) The proposed landscaping shall (i) visually bind the primary structure into the larger streetscape fabric or soften the edge of a freestanding structure, (ii) provide shade, windbreak, and glare reduction to pedestrians and parked cars, (iii) physically separate pedestrians from vehicles, and (iv) provide pervious surfaces to assist in storm water management. (b) A coordinated landscaped design shall be required, incorporating open space and/or recreation if appropriate, walks access drives, parking areas, and lot perimeter. The following areas shall be landscaped: 8 November 19, 2003 4. Along the public right-of-way. (a) Except where there is a sufficient reason not to do so, one shade shall be planted for every 30 feet of frontage, excluding curb cut openings. Additional front yard landscaping shall be required. 5. Along the parking lot's perimeter. (a) the landscaped perimeter strip shall be a minimum of five feet wide. Except where there is a sufficient reason not to do so, one tree and three shrubs shall be planted for every 35 linear feet. 6. Within the parking lot's interior, where appropriate. (a)Planting islands shall be evenly spaced within the parking lot. (b)No planting island shall be less than five feet wide in any dimension. (c)Plants shall be a mix of shrubs, deciduous trees, evergreen trees, and groundcover. (d)Existing parking areas shall either install landscaped islands, or increase the number of landscaped islands to the maximum extent practicable. (e)AII landscaping shall be maintained in good condition. (iii) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code, the following provisions shall be applied: (a) Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs, monument signs, or hanging signs. (b) No one business shall exceed two signs on the premises. (c) Multiple uses on a lot shall have coordinated signage. (d) Signs shall not be internally illuminated. (e) All exterior lighting shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the light from shining directly on any adjacent residential property or street. Site illumination for uncovered areas shall be evenly distributed. (iv) Placement of buildings on the lot. (a) Primary structures should be placed as close as practicable to the front yard setback line. The preferred build-to line shall be 10 feet or less, for non- residential structures, from the boundary line between the lot and the right-of- way. The preferred build-to line for residential structures shall be 10 feet from the boundary line between the lot and the right-of-way. (b) In developments where there will be more than one structure on a single site, such structures, and their signage, landscaping, and lighting,shall be designed as an integrated part of an overall site design related to other surrounding development and topographical conditions. (v) Parking, internal circulation, and curb cuts. (a) To the maximum extent practicable, parking shall be located to the side and/or rear of the primary structure. (b) No more than ten percent (10%) of the parking may be located as convenience (short-term) parking in front of the primary structure. (c)Except where there is a sufficient reason not to do so, including but not limited to, a demonstration by the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be encouraged between adjoining lots. Section 5 -Amendment to an Existing Section of the Code of the Town of 9 November 19, 2003 Mamaroneck Section 240-47 of the Code of the Town of Mamaroneck hereby is amended by deleting the word "bulk" from the introductory sentence of the section and by adding the following paragraph to it: H. Design Requirements and Guidelines. (1)There are five areas where careful attention to design is warranted. Those areas are: (i) building design, (ii) landscaping on the perimeter of a lot and within its parking area, (iii) signs and exterior lighting, (iv) placement of buildings on lots and (v) parking, internal traffic circulation and curb cuts. Criteria for each such design element are set forth in paragraphs (8) (i) through (v) of this section. (2)ln general: (i) for lots in this district having frontage on the Boston Post Road, the objectives of these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient business district for the town, functions as a focal point for local residents and through- travelers and blends landscaped commercial and residential structures in a compatible way; and, (ii) for lots in this district that do not have frontage on the Boston Post Road, the objectives of the criteria set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for local residents and through- travelers and develop into attractive parcels that blend landscaped commercial and residential structures in a compatible way. (3)Applicants are discouraged from proposing standardized corporate franchise design. (4)ln addition to complying with the standards, requirements and guidelines contained in this section, all applicants shall propose customized, site-specific designs that satisfy the criteria contained in Chapter 3 of the Code. In situations where any provision of Chapter 3 of the Code is inconsistent with any of the provisions of this section, the provisions of this section shall apply. (5)For any project which requires site plan approval and/or a special permit ("Board Approval") and involves any of the work described in paragraphs (a) through (g), below, the Board having the authority to issue such approval and/or permit (the "Issuing Board") shall not do so without first obtaining an advisory opinion from the Board of Architectural Review with respect to the design criteria contained in paragraphs 8 (i) through (iii) of this section. (a) Construction of a new structure; (b) Relocation of an existing structure; (c) Demolition or razing of all or a portion of the exterior of an existing structure; (d) Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any portion thereof, or, by filling in, sealing, boarding up, closing or enclosing any portion of an existing window or door space of an existing structure; (e) Alteration of any roofline; (f) Construction, enlargement or alteration of any non-landscaped area on a lot, including, but not limited to, parking areas, access lanes, sidewalks, loading, refuse or storage areas; or (g) The removal or change to landscaping on the lot. (6)Prior to conducting a public hearing on an application requiring Board Approval, the Issuing Board shall refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed project's (a)Building design; (b) Landscaping on the lot perimeter and within the parking area; and (c) Signs and exterior lighting. 10 November 19, 2003 (7)ln determining whether to grant site plan approval and/or issue a special permit, the Issuing Board shall consider the opinion rendered by the Board of Architectural Review and decide whether to accept or reject that Board's recommendations, in whole or in part. It shall also apply the design review criteria set forth below with respect to the proposed project's (a) Placement of buildings on the lot and (b) Parking, internal traffic circulation, and curb cuts. (8)The design criteria to be applied by the Board of Architectural Review when rendering its advisory opinion and by the Issuing Board in determining whether to accept or reject the Board of Architectural Review's opinion in whole or in part and in deciding whether to grant site plan approval andlor issue a special permit are: (i) Building design. (a) At least 40% of the primary structure's front elevation at street level shall be window. (b) Structures situated at corners should "wrap" the corner by continuing facade elements on all street elevations, with such elements as the overall building material and window design, and horizontal features such as the cornice. (c) Main building entrances shall face the street and shall be easily identifiable and scaled to the size of the street that they face. (d) Proposed changes in exterior architectural features shall be in harmonious relationship to the remainder of the structure and to the surrounding area. Unity and compatibility with adjacent structures is to be achieved to the maximum extent possible. Areas of review shall include the scale and general size of the structure or structures in relationship to the existing surroundings; specifically, the structure's overall height, width, street frontage, number of stories, roof type, facade openings (windows, doors, etc.), and architectural details. (e)Treatment of the sides and the rear of the structures shall be comparable in appearance and amenity to the treatment given to the street frontage elevation. (f) Building materials and colors should be selected which avoid jarring and incongruous contrasts, both within new development and when seen against existing structures. (ii) Landscaping on the lot perimeter and within the parking area. (a) The proposed landscaping shall (i) visually bind the primary structure into the larger streetscape fabric or soften the edge of a freestanding structure, (ii) provide shade, windbreak, and glare reduction to pedestrians and parked cars, (iii) physically separate pedestrians from vehicles, and (iv) provide pervious surfaces to assist in storm water management. (b) A coordinated landscaped design shall be required, incorporating open space and/or recreation if appropriate, walks, access drives, parking areas, and lot perimeter. The following areas shall be landscaped: 1. Along the public right-of-way. a. Except where there is a sufficient reason not to do so, one shade tree shall be planted for every 30 feet of frontage, excluding curb cut openings. Additional front yard landscaping shall be required. 2. Along the parking lot's perimeter. a. The landscaped perimeter strip shall be a minimum of five feet wide. Except where there is a sufficient reason not to do so, one tree and three shrubs shall be planted for every 35 linear feet. 3. Within the parking lot's interior, where appropriate. (a) Planting islands shall be evenly spaced within the parking lot. (b)No planting island shall be less than five feet wide in any dimension. (c)Plants shall be a mix of shrubs, deciduous trees, evergreen trees, and groundcover. 11 November 19, 2003 (d)Existing parking areas shall either install landscaped islands, or increase the number of landscaped islands to the maximum extent practicable. (e)AII landscaping shall be maintained in good condition. (iii) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code, the following provisions shall be applied: (a)Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs, monument signs, or hanging signs. (b)No one business shall exceed two signs on the premises. (c)Multiple uses on a lot shall have coordinated signage. (d) Signs shall not be internally illuminated. (e) All exterior lighting shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the light from shining directly on any adjacent residential property or street. Site illumination for uncovered areas shall be evenly distributed. (iv) Placement of buildings on the lot. (a)Primary structures should be placed as close as practicable to the front yard setback line. The preferred build-to line shall be 10 feet or less, for non- residential structures, from the boundary line between the lot and the right-of- way. The preferred build-to line for residential structures shall be 10 feet from the boundary line between the lot and the right-of-way. (b)ln developments where there will be more than one structure on a single site, such structures, and their signage, landscaping, and lighting, shall be designed as an integrated part of an overall site design related to other surrounding development and topographical conditions. (v)Parking, internal circulation, and curb cuts. (a)To the maximum extent practicable, parking shall be located to the side and/or rear of the primary structure. (b)No more than ten percent of the parking may be located as convenience (short-term) parking in front of the primary structure. (c) Except where there is a sufficient reason not to do so, including but not limited to, a demonstration by the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be encouraged between adjoining lots. Section 6 -Amendment to an Existing Section of the Code of the Town of Mamaroneck Section 240-48.1 of the Code of the Town of Mamaroneck hereby is amended by adding the following paragraph to it: Design Requirements and Guidelines. (1) There are five areas where careful attention to design is warranted. Those areas are: (i) building design, (ii) landscaping on the perimeter of a lot and within its parking area, (iii) signs and exterior lighting, (iv) placement of buildings on lots and (v) parking, internal traffic circulation and curb cuts. Criteria for each such design element are set forth in paragraphs (8) (i) through (v) of this section. (2)ln general: (i) for lots in this district having frontage on the Boston Post Road, the objectives of these criteria are to ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient business district for the town, functions as a focal point for local residents and through-travelers and blends landscaped commercial and residential structures in a compatible way; 12 November 19, 2003 and, (ii)for lots in this district that do not have frontage on the Boston Post Road, the objectives of the criteria set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for local residents and through- travelers and develop into attractive parcels that blend landscaped commercial and residential structures in a compatible way. (3)Applicants are discouraged from proposing standardized corporate franchise design. (4)ln addition to complying with the standards, requirements and guidelines contained in this section, all applicants shall propose customized, site-specific designs that satisfy the criteria contained in Chapter 3 of the Code. In situations where any provision of Chapter 3 of the Code is inconsistent with any of the provisions of this section, the provisions of this section shall apply. (5)For any project which requires site plan approval and/or a special permit ("Board Approval") and involves any of the work described in paragraphs (a) through (g), below, the Board having the authority to issue such approval and/or permit (the "Issuing Board") shall not do so without first obtaining an advisory opinion from the Board of Architectural Review with respect to the design criteria contained in paragraphs 8 (i) through (iii) of this section. (a) Construction of a new structure; (b) Relocation of an existing structure; (c) Demolition or razing of all or a portion of the exterior of an existing structure; (d) Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any portion thereof, or, by filling in, sealing, boarding up, closing or enclosing any portion of an existing window or door space of an existing structure; (e) Alteration of any roofline; (f) Construction, enlargement or alteration of any non-landscaped area on a lot, including, but not limited to, parking areas, access lanes, sidewalks, loading, refuse or storage areas; or (g) The removal or change to landscaping on the lot. (6)Prior to conducting a public hearing on an application requiring Board Approval, the Issuing Board shall refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed project's (a)Building design; (b) Landscaping on the lot perimeter and within the parking area; and (c) Signs and exterior lighting. (7)ln determining whether to grant site plan approval and/or issue a special permit, the Issuing Board shall consider the opinion rendered by the Board of Architectural Review and decide whether to accept or reject that Board's recommendations, in whole or in part. It shall also apply the design review criteria set forth below with respect to the proposed project's (a) Placement of buildings on the lot and (b) Parking, internal traffic circulation, and curb cuts. (8)The design criteria to be applied by the Board of Architectural Review when rendering its advisory opinion and by the Issuing Board in determining whether to accept or reject the Board of Architectural Review's opinion in whole or in part and in deciding whether to grant site plan approval and/or issue a special permit are: (i) Building design. 13 November 19, 2003 (a) At least 40% of the primary structure's front elevation at street level shall be window. (b) Structures situated at corners should "wrap" the corner by continuing facade elements on all street elevations, with such elements as the overall building material and window design, and horizontal features such as the cornice. (c) Main building entrances shall face the street and shall be easily identifiable and scaled to the size of the street that they face. (d) Proposed changes in exterior architectural features shall be in harmonious relationship to the remainder of the structure and to the surrounding area. Unity and. compatibility with adjacent structures is to be achieved to the maximum extent possible. Areas of review shall include the scale and general size of the structure or structures in relationship to the existing surroundings; specifically, the structure's overall height, width, street frontage, number of stories, roof type, facade openings (windows, doors, etc.), and architectural details. (e) Treatment of the sides and the rear of the structures shall be comparable in appearance and amenity to the treatment given to the street frontage elevation. (f) Building materials and colors should be selected which avoid jarring and incongruous contrasts, both within new development and when seen against existing structures. (ii) Landscaping on the lot perimeter and within the parking area. (a) The proposed landscaping shall (i) visually bind the primary structure into the larger streetscape fabric or soften the edge of a freestanding structure, (ii) provide shade, windbreak, and glare reduction to pedestrians and parked cars, (iii) physically separate pedestrians from vehicles, and (iv) provide pervious surfaces to assist in storm water management. (b) A coordinated landscaped design shall be required, incorporating open space and/or recreation if appropriate, walks, access drives, parking areas, and lot perimeter. The following areas shall be landscaped: 1. Along the public right-of-way. a. Except where there is a sufficient reason not to do so, one shade tree shall be planted for every 30 feet of frontage, excluding curb cut openings. Additional front yard landscaping shall be required. 2 Along the parking lot's perimeter. a. The landscaped perimeter strip shall be a minimum of five feet wide. Except where there is a sufficient reason not to do so, one tree and three shrubs shall be planted for every 35 linear feet. 3. Within the parking lot's interior, where appropriate. a. Planting islands shall be evenly spaced within the parking lot. b. No planting island shall be less than five feet wide in any dimension. c. Plants shall be a mix of shrubs, deciduous trees, evergreen trees, and groundcover. (d)Existing parking areas shall either install landscaped islands, or increase the number of landscaped islands to the maximum extent practicable. (e) All landscaping shall be maintained in good condition. (iii) Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code, the following provisions shall be applied: (a)Signs shall not be mounted on a pole. Signs shall be wall signs, projecting signs, monument signs, or hanging signs. (b)No one business shall exceed two signs on the premises. (c)Multiple uses on a lot shall have coordinated signage. (d)Signs shall not be internally illuminated. (e)AII exterior lighting shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the light from shining directly on any adjacent residential property or street. Site illumination for uncovered areas shall be evenly distributed. 14 November 19, 2003 (iv) Placement of buildings on the lot. (a)Primary structures should be placed as close as practicable to the front yard setback line. The preferred build-to line shall be 10 feet or less, for non- residential structures, from the boundary line between the lot and the right-of- way. The preferred build-to line for residential structures shall be 10 feet from the boundary line between the lot and the right-of-way. (b)ln developments where there will be more than one structure on a single site, such structures, and their signage, landscaping, and lighting, shall be designed as an integrated part of an overall site design related to other surrounding development and topographical conditions. (v)Parking, internal circulation, and curb cuts. (a)To the maximum extent practicable, parking shall be located to the side and/or rear of the primary structure. (b)No more than ten percent of the parking may be located as convenience (short-term) parking in front of the primary structure. (C) Except where there is a sufficient reason not to do so, including but not limited to, a demonstration by the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be encouraged between adjoining lots. Section 7 - Severability Should any court of competent jurisdiction declare any provision of this Local Law invalid or unconstitutional, 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 8 - Effective Date This Local Law shall become effective on the date that it is filed in the office of the Secretary of State The above resolution was put to a roll call vote: Seligson Aye Odierna Aye Myers Aye Wittner Aye O'Keeffe Aye PUBLIC HEARING Removal of Rock This item was adjourned to the Town Board meeting to be held on December 17, 2003. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 8:35 PM. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna 15 November 19, 2003 Commissioner: Nancy Seligson 1. Fire Claims: Commissioner Seligson presented fire claims for authorization of payment, thereafter on Commissioner Seligson's motion, seconded by Commissioner Wittner, it was RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office as amended: AAA Emergency Supply Co. $50.00 AAA Emergency Supply Co. 644.00 Cleaning Systems 47.79 Con Edison 229.64 Excelsior Garage & Machine Works 2,442.68 Excelsior Garage & Machine Works 119.50 Inter-State Diagnostic 5747.00 Inter-State Diagnostic 585.00, Metro Com 1,240.00 Metro Corn 1,117.00 Technical Electronics Inc. 650.00 R& L Consulting 39.70 R&L Consulting 35.00 The Tool Nut 479.62 Town Of Mamaroneck Professional Fire Fighters 220.08 Verizon Wireless 12.77 Westchester Landscape Depot 499.99 911 Wear, Inc. 691.00 TOTAL 14 850.77 There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Seligson, the Commission unanimously adjourned at 8:45 PM. AFFAIRS OF THE TOWN 1. Consideration of Resolution To Accept Draft Environmental Impact Statement - Forest City Daly. The Town Administrator reported the applicant had met all requirements and, therefore, the document was ready to be accepted this evening. He said William Maker, Town Attorney, had prepared a resolution at the request of the Town Board. Mr. Maker then read it. He said when copies of the EIS are delivered to the Town, copies will be delivered to the Villages, to the City of New Rochelle, to the libraries, and they will also be available in the Town Administrator and Town Clerk's offices. He said the applicant also submitted an amended petition which needs to be referred to the Planning Board for comment. Whereas, on June 23, 2003, Forest City Daly at Mamaroneck, LLC ("FCD") submitted a proposed Draft Environmental Impact Statement in connection with its application to rezone certain property located in the Town of Mamaroneck, to amend certain provisions of the zoning ordinance of the Town of Mamaroneck and to acquire certain property from the Town of Mamaroneck so that it can 16 November 19, 2003 develop the properties designated on the Tax Assessment Map of the Town of Mamaroneck as Block 132, Lots 410, 435,458,463,469, 504, 511,522 and 300.2 and a portion of the public street known as Byron Place; and Whereas, on August 4, 2003, the Town Board resolved that the proposed Draft Environmental Impact Statement submitted by FCD on June 23, 2003 was inadequate for public review within the meaning of section 617.9 of the regulations promulgated pursuant to the State Environmental Quality Review Act ("SEQR"); and Whereas, on October 22, 2003, FCD submitted a revised Draft Environmental Impact Statement dated October 21, 2003 (the "Oct. 2003 DEIS"); and Whereas, the Town Board, as Lead Agency under SEQR, has reviewed and studied the Oct. 2003 DEIS to determine whether it is adequate for public review within the meaning of section 617.9 of the SEQR Regulations; and Whereas, the Town Board conducted a special meeting on November 11, 2003 at which members of the Board, members of the Town's staff and outside consultants reviewed the Oct. 2003 DEIS and the contents that each person attending the meeting had regarding the Oct. 2003 DEIS; and Whereas, the Oct. 2003 DEIS is complete and adequate for public review: On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was Resolved, that the Oct. 2003 DEIS is complete and adequate for public review within the meaning of section 617.9 of the SEQR Regulations provided that on or before December 1, 2003, the Town Board receives thirty-five (35) copies thereof; and BE IT FURTHER, Resolved, that if FCD supplies the requisite copies of the Oct. 2003 DEIS on or before December 1, 2003, the Environmental Officer of the Town of Mamaroneck, on behalf of the Town Board, shall prepare, file and publish a notice of completion of the Oct. 2003 DEIS and file copies thereof in accordance with the requirements of section 617.12 of the SEQR Regulations; and BE IT FURTHER, Resolved, that if FCD fails to supply the requisite copies of the Oct. 2003 DEIS on or before December 1, 2003, the Oct. 2003 DEIS shall be considered incomplete and not adequate for public review within the meaning of section 61 7.9 of the SEQR Regulations and the Environmental Officer of the Town of Mamaroneck shall so notify FCD and its consultant, Divney, Tung Schwalbe, LLP; and BE IT FURTHER, Resolved, that the Environmental Officer of the Town of Mamaroneck send a copy of this resolution to Forest City Daly Mamaroneck, LLC, its consultant, Divney, lung Schwalbe, LLP and its attorneys, Keane and Beane, P.C. immediately. The above resolution was put to a roll call vote: Seligson Aye Odierna Aye Myers Aye Wittner Aye 17 November 19, 2003 O'Keeffe Aye On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby direct the amended petition submitted by Forest City Daly be sent to the Planning Board for comment as recommended by the Town Attorney. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization - Software Maintenance Agreement. The Town Administrator explained the agreement for the new software maintenance agreement for the new system to be used in the Police Department, which cost $8,100.00. On motion of Councilman Odierna, seconded by Councilwoman Seligson RESOLVED, that the Town Board does hereby approve the Software Maintenance Agreement with Admit Computer Services in the amount of$8,100 for the Police Department. BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Authorization - Monitoring Services - Highway Garage. Mr. Altieri said this agreement would provide the Town with water monitoring services at the Highway garage. The DEC has mandated the Town take quarterly samples at this site after finding that underground fuel tanks had a leak which had leeched into the soil. The tanks are now removed but we need to hire a firm to perform the monitoring services. We have received a proposal from Shaw Engineering from Mahwah, New Jersey, to perform the monitoring for 2004 at a cost of$5,975. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize the payment of 15 $5,975 to Shaw Environmental Engineering for them to perform water monitoring services at the Highway Garage; and 18 November 19, 2003 BE IT FURTHER, RESOLVED, that the Town Board does hereby authorize the Town Administrator to sign the agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Set Public Hearing - Extension of Boston Post Road Moratorium. Mr. Maker explained there is a need to extend this moratorium for three months to allow the Town Board more time to modify and review the planning study. On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the "Extension to the Moratorium on Development along the Boston Post Road," for December 3, 2003, at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. 5. Salary Authorizations Recreation On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that as provided for in the 2003 Town Budget the Town Board does hereby authorize the payment of salary to the following: Michael Chiapparelli, Youth Hockey Program, Director, $4,100/season (11/8/03 to 3/16/04), Coach, $17/hour. James Erdman, Youth Hockey Program, Assistant Director, $1,250/season (1118103 to 3116104), Coach $17/hour. John Boisitz, Youth Hockey Program, Coach, $13/hour, retroactive to 11/8/03. Hal Krenkel, Youth Hockey Program, Coach, $13/hour, retroactive to 1118103. Michael S. Chiapparelli, Youth Hockey Program, Assistant Instructor, $5.50/hour, retroactive to 11/8/03. Frank Commrade, Youth Hockey Program, Assistant Instructor, $6.50/hour, retroactive to 11/8/03. Peter Delvito, Youth Hockey Program, Assistant Instructor, $6.50/hour, retroactive Alex Daum, Youth Hockey Program, Assistant Instructor, $5.50/hour, retroactive to 11/8/03. 19 November 19, 2003 Michael O'Byrne, Youth Hockey Program, Assistant Instructor, $6/hour, retroactive to 11/8/03. Mark Poniros, Youth Hockey Program, Assistant Instructor, $6.50/hour, retroactive 11/8/03. Theodore Ritz, Youth Hockey Program, Assistant Instructor, $6/hour, retroactive to 11/8/03. Peter Smith, Youth Hockey Program, Assistant Instructor, $5.50/hour, retroactive to 11/8/03. Scott Smith, Youth Hockey Program, Assistant Instructor, $7/hour, effective retroactive to 11/8/03. Jeff Warren, Youth Hockey Program, Assistant Instructor, $9/hour, effective retroactive to 11/8/03. Wendy Korotkin, EMT, Hommocks Park Ice Rink, $11/hour, effective retroactive to 11/11/03 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ADDED ITEMS The below two items were added to the agenda 6. Management and Non Union Salaries Management and Non-Union Personnel 2003 On motion of Councilwoman Seligson, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize increases of salary to Management and Non-Union personnel for the following: 2002 Proposed EMPLOYEE Salary 2003 Salary % Dollar % Amount Stephen Altieri- Town Administrator$116,760 $120,845 3.5% $4,085 Richard Rivera Police Chief $101,150 $104,690 3.5% $3,540 Carmine DeLuca Comptroller $ 80,135 $82,940 3.5% $2,805 Ronald Carpaneto- Dir. of Bldg $ 74,630 $77,245 3.5% $2,615 Susan Bickerstaff-Assessor $ 76,700 $79,385 3.5% $2,685 Anna Denoy Dir. -CommunityServices $58,000N/A Appt. 11/5/03 Mary Stanton Asst to Adm. $60,000 $62,100 3.5% $2,100 Michael Orchanian Bldgs $50,000 $51,750 3.5% $1,750 Alan Casterella-General Foreman $56,000Appointed 9/03 Robert Lunde- Ice Rink Mgr $50,280 $52,040 3.5% $1,760 Michael Liverzani-Ambulance Admi $65,160 $67,440 3.5% $2,280 Kathy Simon Records Secretary$53,290 $55,155 3.5% $1,865 Jill Fisher- Superintendent of Rec. $80,000 82,800 3.5% $2,800 Marco Gennarelli Hghwy Sprtndt. $85,950 $88,960 3.5% $3,010 Lillian Robustelli Secretary $53,900 $55,785 3.5% $1,885 Elizabeth Paul Env. Coor. $39,100 $40,470 3.5% $1,370 Gayle Short- Secretary $38,035 $39,370 3.5% $1,335 20 November 19, 2003 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7 . Zoning Study on the Boston Post Road The Town Board reviewed the proposed scope of service submitted by Buckhurst, Fish & Jacquemart to prepare the DGEIS for the Boston Post Road Zoning Study reducing it from the original $13,000 proposed down to $10,000. RESOLVED, that the Town Board does hereby authorize Buckhurst, Fish & Jacquemart to prepare the DGEIS for the Boston Post Road Zoning Study for a fee not to exceed $10,000. The Board voted to reduce the amount of the zoning study from $13,000 to $10,000. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby reduce the amount of money for the zoning study from $13,000 down to $10,000. The above resolution was put to a roll call vote: Seligson Aye Odierna Aye Myers Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES August 4, 2003 On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following resolution was unanimously adopted: RESOLVED, that the Town Board does hereby approve the minutes of August 4, 2003 as amended. PROCLAMATION Ellen Levy (AT END OF MINUTES) SUPERVISOR REPORTS The Supervisor said the Ecumenical Dinner will be held Tuesday, November 25th. Everyone is invited. 21 November 19, 2003 .a n 22 November 19, 2003 November 19, 2003 REPORTS OF THE COUNCIL Councilman Odierna reminded everyone about the Andrew Young event at the High School sponsored by the Human Rights Commission, on December 4, 2003 at 7 :30 PM. He attended the Recreation Meeting where they discussed selling advertisement signs at the rinK. Sponsors are welcomed to contact the Recreation Department if they are interested. Councilwoman Wittner said the Human Rights Commission is receiving nominations for the Martin Luther King Award, please send them to the Town Center. The MLK celebration will be held on January 14, 2003 at the Emelin Theater. Next regularly scheduled meetings December 3, 2003 December 17, 2003 ADJOURNMENT The Supervisor said that the next scheduled meetings will be held on December 3, 2003 and December 17, 2003. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the meeting was unanimously adjourned. Submitted by Patricia A. DiCioccio, Town Clerk F:\Documents\Mif1UteS\11-1 9-03x. .doc 23 November 19, 2003 WHEREAS, WHEREAS, PROCLAMATION ELLEN G. LEVY Ellen Levy, Executive Director of the WashingtonVille Housing Alliance, for over two decades has brought her wisdom, experience, and enthusiasm to countless endeavors and projects which have helped all residents of the Village and Town of Mamarofeck; and her professional expertise and attention to detail have been repeatedly demonstrated in the constrUCtiOn Or rehabilitating of 14 townhouseS for first time buyers and 105 apartments for rent at below market rates; and WHEREAS, Ellen is well known throughout Westchester County. She has been an outspoken advocate for affordable housing, addressing local groups to spread the message that many of our neighbors are suffering the astronomical cost associated with finding and maintaining housing. NOW THEREFORE BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor of the Town of Mamaroneck and the members of the Town Board hereby lehave hereunto set my hand and caused t)he seal Of the Town Of Mamaroneck to be affixed this „th day November 2003. twth�4~5f i tend to ELLEN LEVY, our appreciation and admiration and the hope that although she will be stepping down as Executive Director of the Washingtonville Housing Authority, her public spiritedness will continue to influence the work of the Washingtonville Housing Alliance. IN WITNESS WHEREOF, Town Clerk