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2023_09_06 Town Board Minutes
o _ ��9_1_ Town of Mamaroneck // Town Board Minutes m Wednesday, September 6, 2023, Courtroom, Second Floor of n Town Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman (joined the Work Session at 6:22 pm) Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER The Work Session of the Town Board was called to order by Town Supervisor Jaine Elkind Eney. Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the Work Session unanimously opened at 5:01 pm. Carried WORK SESSION ITEMS 1. Discussion - Comprehensive Plan Ms. Tiffany Zezula, of the PACE Land Use Law Center, reviewed with the Town Board the progress made on the Draft of the Comprehensive Plan. Ms. Zezula stated that the Town had completed a productive period of review and received many great comments from residents. Ms. Zezula had organized and synthesized the comments but noted that she had not made any edits. Ms. Zezula suggested that some residents' comments that did not rise to the policy/goal/action level should be moved to the suggested appendix document titled Strategies. Additionally, Ms. Zezula highlighted some comments that had already been included in the Plan, but not necessarily where a resident was now suggesting that the comments go. Ms. Zezula identified and reviewed both types of comments (highlighted on Attachment A) and requested feedback on the suggested placement for each from the Town Board. See Attachment A. Town Board September 6, 2023 Once Ms. Zezula completes the Draft of the Comprehensive Plan, Mr. Kevin Dwarka, also of the PACE Land Use Law Center, will then take the document and proceed with the SEQRA process. Mr. Dwarka confirmed that the appendix document Strategies does not go through SEQRA. Then, when the SEQRA step is complete, Mr. Dwarka said that the Draft Comprehensive Plan then goes to the County and the other municipalities. Councilman King joined the Work Session at 6:22 pm. 2. Discussion - LMC Funding Mark Litvin, President of the LMC Media Board of Directors, and Matt Sullivan, Executive Director of LMC Media, presented an update on the studio being installed on Mamaroneck Avenue. LMC has awarded a local bid to Murphy Brothers, a local construction company. The lack of the disbursement of the Public, Educational and Governmental (PEG) programming funds could potentially hold up the project. The Village of Larchmont approved the payment of their PEG funds to LMC Media earlier this week. LMC Media respectfully asked for 34.19%, the Town's share of the PEG funds equal to the percentage the Town has paid in the past. Mr. Litvin stated that LMC Media was hopeful that the Village of Mamaroneck would vote to disburse their portion of the PEG funds the following night, September 7th. Mr. Sullivan reviewed what a PEG fund is, stating that the money can only be used on capital improvement projects and equipment. Mr. Litvin highlighted bids versus budgeted items and informed the Town Board that the studio project is now estimated to cost closer to $775,000 rather than $828,000. Mr. Litvin mentioned having a contingency in to cover anything unforeseen. He stated that the Murphy Brothers' bid was about $90,000 less than the next closest bid. LMC Media specified that bidders should use the prevailing wage and attempted to garner three bids on each project. Comptroller Yogman commented that the PEG money is based on 1980 census numbers, which is why we are tied to 34.19%. Our share equals about $283,000, which would leave approximately $521,000 left in the account. The contracts with the two cable providers have expired, so we have not received any PEG money this year. The Town Board mentioned that we reimburse with invoices, so the question was asked if, moving forward, LMC Media could utilize progress payments. Mr. Litvin said yes, LMC Media could utilize progress payments. He stated that LMC Media is using a basic AIA form with basic scheduled values provided by the architect and others. Ms. Yogman, Town Comptroller, noted that we have the Village of Mamaroneck's money. Of the total $1 .2 million, Ms. Yogman stated, there would still be $400,000 left. Councilman King asked about the AIA contracts, Mr. Litvin responded that LMC Media have issued letters of intent and are now faced with purchase orders. Councilman King asked about adding a stipulation for impetus on Murphy Brothers to hire local, not apply WMBE (Women and Black Owned Business) rules, but to have a goal to hire people in the community. Councilman King added, to achieve best efforts, or for example, 10 or 15 percent of local workers. Supervisor Elkind Eney noted that she was unsure if that could be a requirement, so Councilman King asked for language to reflect Murphy Brothers 'best effort'. Councilwoman Katz asked about the grant money only being applicable for upstairs here at the Town Center. Mr. Sullivan explained that the space on the third floor of the Town Center would be renovated during phase two. LMC Media's priority is studio space. The Town Board then asked about the van costs and age. Mr. Sullivan responded that the van needs upgrades and updates as it is now six or seven years old. Mr. Sullivan added that the van is the best way to get into the community and be seen. Town Board September 6, 2023 The van also allows staff the use of a vehicle and offers the ability to load and transport everything the staff might need on site in the community, including the 360- degree booth. Mr. Sullivan confirmed that the van will no longer need to be parked in the Town Center lot once LMC Media moves to the Mamaroneck Avenue studio, as the van will have a space in the lot behind the studio. Comptroller Yogman asked that LMC Media not to pay any upfront fees or deposits. Administrator Robson stated that a Town Board resolution would need to include something, authorizing expenditure of PEG funds for 34.19% and Supervisor Elkind Eney added that the resolution should include 'providing that the other municipalities approve as well'. The Board discussed and Councilwoman Katz did not agree with tying approval of the Town of Mamaroneck PEG fund payments with the approval by the other municipalities. Supervisor Elkind Eney stated that it is prudent that all the municipalities agree, or LMC Media would not have the money to build their studio. Mr. Sullivan stated that it was LMC Media's original intent to have the studio space open by October 11 , 2023, but now they are shooting for late fall. Attorney Maker agreed to develop a resolution between the Work Session and the Regular Meeting for the Town Board to address later in the evening. See Attachment B. 3. Added --BOCES Nassau Contract Town Administrator Robson explained that this is a municipal purchasing consortium. Participating and signing this contract will allow us to potentially purchase vehicles. It requires a resolution with Town Board approval in order to participate. Mr. Pinto in the Town of Mamaroneck Highway Department was looking for a Ford F150 and a salesman at one of the dealerships mentioned the BOCES Nassau contract. There is a fee of$475 per use to participate, but that should be offset not only by the price, but also by giving the Town the ability to actually purchase a vehicle this year. 4. Discussion - Title III-C/NSIP: Meals & Nutrition-Related Services Contract, PY 2023 Administrator Robson presented this contract with the County of Westchester for the Title III-C and Nutrition Services Incentive Program (NSIP) Meals & Nutrition-Related Services provided by the Town of Mamaroneck. This contract covers the program period commencing retroactively on January 1, 2023, through December 31 , 2023, for the III-C Programs and October 1 , 2022, through September 30, 2023, for NSIP. In response to Councilwoman Fiddelman' s questions, Comptroller Yogman confirmed the contract is the same as last year and is included in the Town budget. 5. Discussion - Update in the Regulations of Wireless Telecommunications The Town Board discussed setting a public hearing on this update later in the evening. Town Attorney Maker commented that Hank Menkes, a communications specialist, and consultant with wireless telecommunications regulation expertise, was instrumental in developing this update. 6. Discussion - Rules to be Observed by Members of the Public who Attend a Town Board Meeting Councilwoman Fiddelman stated that she does not want to take away the ability to have any sign in a public meeting, so suggested setting a size requirement for signage. Councilwoman Katz mentioned being torn between allowing signs and not but acknowledged that she felt a Town Board meeting is not like just any other public forum. Councilwoman Nichinsky added that signs might allow people to show their position, or what they are thinking, without having to speak. Supervisor Elkind Eney Town Board September 6, 2023 thought perhaps the Town Board should have two sets of rules, one for Work Session and one for Regular Meeting. Councilwoman Katz then suggested maybe limiting the size of the signs, agreeing with what Councilwoman Fiddelman had suggested. Councilman King added that allowing signs falls under freedom of speech and suggested the Town might allow signs, knowing that signs may have the potential to be disruptive. After a brief discussion about the pros and cons of allowing signs during the Regular Session of Town Board meetings, Supervisor Elkind Eney suggested not moving forward and using only what the Town Board had agreed for the Work Sessions. 7. Request for Executive Session Moved by Councilman King, seconded by Councilman Nichinsky, the Town Board agreed to enter into Executive Session to discuss the employment history of a particular individual and the purchase and sale of land. Carried Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the Town Board unanimously agreed to resume the Regular Meeting. Carried 8. Updates 9. Additions to Regular Meeting Agenda The Town Board agreed to add the following items to the Regular Meeting agenda: 6. Authorization to allocate PEG money to LMC Media 7. Authorization to participate in Collective Bargaining Agreement with Nassau BOCES 8. Extension of the Thomson & Bender Agreement 9. Salary Authorization - Mr. Galli's stipend to $4,200 CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:30 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org SUPERVISOR'S REPORT Welcome to the September 6, 2023, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room A, starting at 5:00pm, which is open to the Public. I am not going to acknowledge that summer is over...we still have two weeks! Town Board September 6, 2023 But now that we are in September, there are a lot of upcoming events and dates to be aware of: Road resurfacing schedule: For the Town, August signals the beginning of road repaving season. The repaving process has already begun and the roads remaining to be paved in the month of September (weather permitting) are the following: Carriage House Lane, Wellhouse Close, Wagon Wheel Road, Katie Lane, Jenny Close, Marbourne Drive, Carol Lane, Gate House Lane, Rock Ridge Road, Mountain Avenue, Ferndale Place, Deerfield Lane. September 8- the last outdoor movie night of the season, Tooth Fairy will air at dusk in Memorial Park September 11- The tri-municipal September 11 commemoration will take place at 5:00 at Girl Scout Rock in Memorial Park September 16, the Westchester County mobile shredder will be at the Maxwell Avenue Recycling Center from 10:00am — 1:00 pm September 23, the Town annual fall cleanup will take place from 10:00am to 12:00pm at the Hommocks Conservation Area. September 27, there is a free community class "reduce food waste with delicious recipes" from renowned local chef Adam Kaye, being held at 7:00 at the Senior Center, co-sponsored by the Larchmont Mamaroneck Center for Continuing Education and the Town's sustainability collaborative. For more information and to register, go the Larchmont Mamaroneck Center for Continuing Education website. September 30, from noon to 4:00 in Memorial Park is our Annual Food Truck Festival featuring more than 12 food trucks, local craft vendors and live music. Westchester County has passed a new law that took effect September 2nd: no food service establishment within Westchester County may provide single-use foodware or condiment packets to dine-in or take-away customers unless expressly requested. This pertains to items such as forks, knives, spoons, chopsticks, cup sleeves, beverage lids and condiment packets. This initiative is aimed at curbing unnecessary plastic waste and promoting a more sustainable approach to dining. The law applies across various ordering methods, including in-person, online and through food delivery apps. Single-use plastic beverage stirrers and "splash sticks" will no longer be permitted within food service establishments. Retail stores may still offer these items for sale to their customers. Kudos to the County for enacting this important legislation. Remember, school opened yesterday. Back to school means more children walking and biking and, in general, increased traffic, so please drive extra carefully. Also, remember to abide by the reduced school zone speed limits. For those who observe Rosh Hashannah, I would like to wish you a sweet, happy, healthy new year. RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board and there was no one. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Katz and seconded by Commissioner King the Board of Fire Commissioners was unanimously declared open. Town Board September 6, 2023 Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky Carried 2. Fire Claims Moved by Commissioner King, seconded by Commissioner Fiddelman, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims $10,180.14. See Attachment C. Carried 3. Fire Report for the Month of August 2023 Commissioner Elkind Eney read the Fire Report for the Month of August 2023, as follows: ALARM TYPE NUMBER Generals 34 Minors 20 Stills 2 Out of Town (Mutual Aid) 1 EMS 46 Drills 3 TOTAL 106 Total number of personnel responding: 589 Total time working: 40 hours and 37 minutes See Attachment D. 4. Salary Authorization - Firefighter Moved by Commissioner Fiddelman, seconded by Commissioner Katz, it was RESOLVED that the Board of Fire Commissioners hereby approves the appointment of Benjamin Plachta to the full-time position of Firefighter at an annual salary of$42,000, effective September 11, 2023. Carried 5. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner King, Seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. Town Board September 6, 2023 AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization - Title III-C/NSIP: Meals & Nutrition-Related Services Contract, PY 2023 Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby approves the agreement between the Town and Westchester County for the Title Ill-C and Nutrition Services Incentive Program (NSIP) for Meals & Nutrition-Related Services commencing retroactively on January 1, 2023 through December 31, 2023 for the Ill-C Programs and October 1, 2022 through September 30, 2023 for NSIP and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 2. Set Public Hearing - Update in the Regulations of Wireless Telecommunications Moved by Councilman King, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby sets a public hearing for September 20th on the Update in Regulations of Wireless Telecommunications law. Carried 3. Authorization - Sale of Town Property - 20 Winthrop Avenue Moved by Councilman King, seconded by Councilwoman Nichinsky, it was RESOLVED that the Town Board hereby authorizes the sale of Town-owned property adjacent to 20 Winthrop Avenue, as per the attached contract, subject to permissive referendum, and further authorizes the Town Administrator to execute and deliver the contract of sale, the prep documents, and the deed in exchange for the purchase price. See Attachment E. Carried 4. Authorization - Sale of Town Property - 15 Edgemont Road Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby authorizes the sale of Town-owned property adjacent to 15 Edgemont Road, as per the attached contract, subject to permissive referendum, and further authorizes the Town Administrator to execute and deliver the contract of sale, the prep documents, and the deed in exchange for the purchase price. See Attachment F. Carried 5. Salary Authorization - Secretary to the Planning Board Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby approves the appointment of Jami Sheeky to the full-time position of Secretary to the Planning Board at an annual salary of$59,798, effective no later than September 30, 2023. Town Board September 6, 2023 Carried 6. Authorization to approve the LMC Public, Educational and Governmental (PEG) Programming Money Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz WHEREAS, Larchmont-Mamaroneck Community Television, Inc. (LMC-TV) (LMC Media) proposes to construct a television studio at 234 Mamaroneck Avenue, Mamaroneck, NY 10543 and purchase equipment related to that use (Project), BE IT RESOLVED, that the Town Board finds that the Project will result in a facility that will be used primarily for Public, Educational and Governmental (PEG) programming, and BE IT FURTHER RESOLVED, that the Project is a public purpose, and BE IT FURTHER RESOLVED, that the Town of Mamaroneck commits the sum of $292,367.00 of the funds it has received for PEG programming toward the completion of the Project on condition that the Village of Larchmont and the Village of Mamaroneck commit proportionate amounts of their PEG money sufficient to pay for the completion of the Project. Carried 7. Authorization to participate in a Cooperative Purchasing Agreement - Nassau BOCES Moved by Councilman King, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board authorizes the Town to participate in the Board of Cooperative Educational Services of Nassau County ("Nassau BOCES") Cooperative Bidding Program) and authorizes the Town Administrator Meredith Robson to sign the necessary documents to participate. Attorney Maker noted that this resolution includes the necessary verbiage to provide to Nassau BOCES. Carried 8. Authorization to Approve Modification of Management Duties in Central Garage Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby increases Mr. Galli's stipend to $4,200.00 for assuming additional responsibilities. Carried REPORTS OF MINUTES 1. Report of Minutes of the Town Board work session on July 26, 2023. Moved by Councilwoman Fiddelman, seconded by Councilman King RESOLVED that the Town Board hereby approves the minutes of the Town Board work session of July 26, 2023. Carried Town Board September 6, 2023 REPORTS OF THE COUNCIL Councilwoman Katz • School is back in session, please slow down for kids walking and biking to school. Councilwoman Fiddelman • The first Larchmont Mamaroneck Local Summit meeting of the season will be held online on September 12th. Then, on October 10th at 8am will be the first in person Summit meeting since COVID. It will be held at WJC (Westchester Jewish Center) and will feature a compendium of local neighborhood organizations discussing "Neighbors Helping Neighbors: Meeting the Needs of Families in Crisis". Please visit www.localsummitlm.org, for more information and to reserve your spot. Councilman King • September is so busy, please take a deep breath. Appreciate where we have been and take that moment to reflect on where we have been and where we are going. • Monday is for the J E T S! Councilwoman Nichinsky • Echoes all the good things mentioned already and thinks the JETS are going to be good this year. • Happy Rosh Hashanah to all that celebrate. • Plans to attend three liaison meetings next week. • Happy to welcome her new grandson. TOWN CLERK'S REPORT The Town Clerk announced that tomorrow will be the launch of the Town Clerk office's new permitting and licensing system via OpenGov, along with the Town's Building, Engineering and Conservation Departments. TOWN ATTORNEY'S REPORT Mentioned that the Jets' season starts next Monday. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilman King, the meeting was unanimously adjourned at 9:05pm. Carried REGULARLY SCHEDULED MEETING - September 20, 2023 Submitted by Allison May, Town Clerk Town Board September 6, 2023 Attachment A HEALTHY COMMUNITY Utilize strategies to improve traffic congestion at Memorial Park near Weaver Sug.St. Better playing fields for youth sports Already under HC 1B Better field management and use for all four seasons - lose of economic Can link economic opp to rec opportunity since families go to other towns/private clubs in HC narrative HC Goal 1-third bullet under lb should move to lc as it refers to recreational lb-under the correct goal facilities rather than "athletic fields" specified by lb. Second bullet in lc - 1c - propose "physical "expand access to" is not clear; suggest omit or elaborate... can't make folks access" access. Goal 2 - how to "optimize diversity of spaces"? Revise to assign adjectives to Propose change - diversity each space and programs clarify. to variety Goal 4-addresses the Town's infrastructure and telecommunication services, Change Town to Town but does not address the neighborhoods and Commercial residents' access to neighborhoods and districts reliable telecommunication services. While the policies for this theme are agreeable, Re-Study and Revise the Sug.Strat. Strategies portions of Healthy Community to give residents a much clearer understanding of what the Town wants to accomplish Need more reference regarding the need for facilities for children (ie: Sug. Strat, but can add baseball/softball fields;basketball court;swimming pool)-important to entice language to narrative about people to move to TOM-these are selling points importance to community Exercise use of eminent domain/partner with Village of Larchmont to share Sug.Strat recreational facilities Work with the developers of Hampshire to create a public/private partnership, Sug.Strat where residents have access to the facilities, but current management continues to take the lead in maintaining and administering the programs, grounds,and Club-House. Use parking lot near Central School and build pickleball/racquet ball/paddle Sug.Strat courts there Under HC Action 1C1: " Host meetings between recreation committees, Sug. Strat, but can add Community Resource Center,school district social workers and Padres Unidos suggestion on adding parent groups to improve programming and equitable access to Town "improve programming...." recreational programs by underserved community members." Under HC Action 2A2:"Add bilingual-speaking Town staff for Senior Center and Sug.Strat Recreation Department." Repurpose Harbor Island/small plots of land for additional recreation Sug.Strat 1 Page 3 of 380 Town Board September 6, 2023 Attachment A (Cont'd) Ask sponsors/businesses/corporations/residents to support recreation Sug.Strat campaign Need for more facilities-stop the division between town and villages-make recreation an opportunity to demonstrate to younger generations what community should look like-stop the negativity and start working together. Plan is very generalized.Would like to see more actional items and be involved Work with Rec Comm on with a working plan for projects and how to make them happen - Rec Implementation Plan Commission Support local communications such as LMC Media a powerful ally in Sug.Strat information exchange and factual presentation to the taxpayers, businesses, schools and nonprofit organizations that create the social and economic fabric of our community. Cellphone dead zones need to be addressed. In the event of an emergency Under Policy 4A would I be able to walk to the Weaver Street Firehouse to report issues or seek help? Consider adding action on More needs to be said about government transparency and operational government efficiency in the town;and more needs to be done. transparency/operational efficiency under HC Goal 3 I think the Carpino-Steffens Fields should be mentioned in the first paragraph Add on page 15. I was also hoping that the Monroe Facility on Weaver Street would have been added because I think that's a Town Facility being underutilized and has potential to do be more than what it is. I am not sure the term"access"is being used in the correct context. Is it access As above, propose"physical in terms of physical accessibility, access in terms of our hours/days of access" operation,parking issues,residency requirements or is it being meant as a term of affordability? See the elementary schools integrated. Make an effort to include the whole community in all activities. Sug.Strat Provide Town services for meeting rooms and areas for art and play Sug.Strat Bring the comprehensive Plan components into the schools for knowledge by Sug.Strat the entire parent and student communities. Increase the location of new athletic fields to areas that do not require Sug.Strat permeable paving. Above parking at the Larchmont train station and above parking behind Sug.Strat Richbell Apartments,build a structure that can hold a synthetic field in lieu of taking up permeable surface 2 Page 4 of 380 Town Board September 6, 2023 Attachment A (Cont'd) If new fields are to be installed,please be advised that the use of synthetic fields Sug.Strat has been deemed not appropriate Healthy Community(p.15) Add Make the heading bolder Healthy Community(p.15) Already done Revise 2nd sentence to following: "Another draw to fnccarnnratedd Mamaroneck is its network of public recreation areas...." Healthy Community Policy Framework(pp.16-17) Reject - I don't think we Reconsider and revise the content of the currently labelled"Actions" should switch from actions (proposed to be relabeled as"Strategies")under Healthy Community Policies to strategies because to convey a much clearer understanding of what the Town wants to examples of more specific accomplish.They are quite vague,particularly when compared to their actions that may be taken counterparts in some other themes can be found in the Record of Suggestions. HC Policy 4A:Optimize Physical Condition of Town's Infrastructure(p.17) Question for TB Revise the second"Action"as follows:"Upgrade,strengthen,and protect the Town's telecommunications and utility infrastructure while safeguarding Suggest inserting"with its newly renovated playground"after"Memorial Question for TB Park"in the third line on pg. 15.The new playground officially opened on May 31,2023,and it's a real improvement over what was there before. At the top of page 16,third line,suggest adding"and older"after"lower- Question for TB income". In the third entry under HC Policy 1B on page 16,as discussed in the past, Sug.Strat suggest adding",including arrangements to facilitate short-term access to Town facilities by Town residents and their visiting family members." In the first entry under HC Policy 1C on that page,suggest replacing"Continue" Question for TB with"Improve". In the second entry under HC Policy 4B on page 17,since it is impossible to Question for TB "Ensure cleanliness"in such places,I suggest replacing"Ensure"with "Improve". 3 Page 5 of 380 Town Board September 6, 2023 Attachment A (Cont'd) QUALITY NEIGHBORHOODS QN Goal 1-Support,but re-evaluation of current land-use laws/application processes leads not just to Already under the greater efficiency and consistency stated in the action item but also to maintaining existing QN policy 1A neighborhood scale during development. Need to support and adhere to the preservation of existing first action neighborhood scale* Regarding"ensuring appropriate public notice to residents concerning housing development within the Town"-we are not sure that the full required number of residents on our street were informed by letter beforehand of the planned development at#67. Must review housing scale impacts with respect to flooding tendencies Reject - QN is intentionally focused on quality of life concerns and not environmental risks which are sufficiently addressed in the resiliency section. Propose adding "neighborhood" in the flooding langaguge under RE Incompatibility between the awareness of the residents'wishes stated in the plan and what is actually happening in Town government Support of Plans goals to preserving neighborhood scale - stop the replacement of older homes with Under QN 1A larger homes*Repeated 3 emails Ensure existing and future land uses support inclusive neighborhoods and commercial areas that Under QN 1A preserve the Town's small-town feel"would be welcome because it is certainly not the current practice Strongly hope that the re-evaluation of current land-use laws/application processes leads to the greater Under QN 1A efficiency and consistency stated in the action item and to maintaining existing neighborhood scale during development. This is exacerbated when supposedly mandatory notices to neighboring households are not received. In QN narrative-Surprised to see that opportunities for increasing vibrancy of the Town's commercial Reject- Actions districts and diversifying its fiscal base have not yet been explored. Find actions on how to increase can be found in attraction in these areas.Hope that the absence is because it is being solved elsewhere,and not because the Sug. it is not deemed important. Strategy section Comp Plan refers to apartments in the Washington Square Area,but never to Larchmont Acres.I don't Add think that looks right. 4 Page 6 of 380 Town Board September 6, 2023 Attachment A (Cont'd) It appears that there will be an effort to create opportunities for the construction of multi-family condo and co-op complexes. While I understand the desire in a vacuum to encourage such development, I believe that it is a mistake. It is antithetical to the Town's desire to maintain the Town's neighborhood feel, would harm the Town's tax base, and create unwanted strain on the services available to the community. Planning Board: Board members suggest that there should be further study to determine what type of Sug.Strat modification in residential districts should trigger residential site plan review. For example, if the footprint of a house is not proposed to change,but the house is proposed to double in size,should this be evaluated the same as a tear down with a new house of the same size proposed? Board members further stated that the percentage or amount of temporary land disturbance is less impactful than what is actually built. PB request clarification of whether, and under what circumstances, the board can require shadow Sug.Strat studies in connection with residential site plan applications. More generally, board members seek clarification about whether they should have authority to impose bulk regulations (e.g., height restrictions)which are more restrictive than zoning regulations otherwise applicable. Board members also request clarification with respect to whether the Planning Board would be Sug.Strat i authorized to impose aesthetic requirements in connection with residential site plan approval. PB request consideration of architectural review for residential development and/or whether the zoning Sug.Strat code should incorporate mandatory design features into zoning regulations applicable to residential development. Pg 19. Do not understand the need for including the term "racially" in the phrase "economically and Propose- racially diverse residential population"; please remove. In current laws and procedures now and in the Adding future,there should be no room for racial discrimination.Linking the word racial and economic may also economically continue a negative stereotype. and racially diverse. Maybe also add generationally? There is no presumption of any overlap between the characteristics, just simply an effort to remain consistent with fair housing objectives QN Goal 1-include preservation/expansion of our tree canopy and green/porous spaces. Question for TB QN Goal 2 - actions should include consideration to the has significant impact increase to traffic Question for conditions and parking;other infrastructure limitations of"small town"see Goal 1. TB,but land use reg. and process do this 5 Page 7 of 380 Town Board September 6, 2023 Attachment A (Cont'd) QN Goal 3 - economic inclusion is derived by building wealth,and the #1 wealth creation tool is home ownership.Rental properties are part of the mix but 1 don't agree that increasing the percentage should not be a goal. Preserve the Town's neighborhood scale, quality of life&small town feel", from the town's own plan, Under QN Goal should be the guiding principal and North Star. We do not need to increase congestion, traffic or 1 population to experience these benefits that are already at our fingertips. The"Quality Neighborhoods"detail section does the best job of moving beyond the Executive Summary to meaningful and more specific content. Eliminate"contextual"as it seems vague and replace it,in each instance,with more specific descriptions Reject of what is actually intended"(pg.20) contextual seems fine. It mean similar to what is next door. Update land-use regulations;engage town residents;evaluate application processes;assess community Under QN Goal impacts to support goal of preserving neighborhoods from tear-downs 1 The comprehensive plan appears to focus on the unincorporated area of the Town, which may cause unintended consequences to our community quality of life and our school system if we do not view changes and development as a whole community inclusive of the Villages of Larchmont and Mamaroneck. For instance, the plan mentions the absence of a definable commercial center in the unincorporated area,suggesting the need to create an additional mixed-use development,however,we strongly believe that any discussions on such matters should be preceded by a thorough economic review as well as a school impact study. Propose: stakeholder inclusion for all discussions related to residential development or zoning - not limited to small groups,but to a range of voices, including the school district;before adding additional commercial center, a comprehensive economic review should be conducted and assess impacts on existing businesses;thoroughly review the existing infrastructure and analyze the potential impact that new construction may have on flooding in the area;review of the residential tax code.Currently,condos and co-ops pay a substantial discount on real estate taxes,which results in them not contributing their fair share to school taxes. This inequity further burdens the school revenue per student. A fair and balanced tax structure should be explored to ensure equitable funding for schools. Create places where young adults could hang out together Sug.Strat The plan needs to identify where-as in specific land-the school district can expand if there needs to Sug.Strat be a new building(this can be new land or repurposing an existing building)if necessary.If none can be identified a cap must be put in place for residential development The new draft also mentions stores and restaurants now on Fifth Avenue in the Unincorporated Area.As Question for TB you know,there are none. I don't think we should include anything we know to be wrong in the plan. (pg. 18) (a)Planning Board members want to ensure that different uses and types of development be treated the Sug.Strat same as similar uses and types of development,regardless of the designated zoning district or whether a particular type of application is sought. For example: (i) some types of establishments (e.g.,grocery stores or restaurants) need special use permits where other similar establishments do not and (ii) 6 Page 8 of 380 Town Board September 6, 2023 Attachment A (Cont'd) conditions applicable to pools and generators apply only if there is an application for residential site plan or wetlands and watercourses permit. (b) regarding special use permits, consideration should be given to their purpose, term length and appropriate/realistic methods of enforcement for noncompliance. (c) More generally, zoning designations and their corresponding requirements should be evaluated to determine whether they are still appropriate and applicable to the existing built environment as well as what is desired or contemplated. [d) Zoning districts should be evaluated to reconsider allowable principle,special and accessory uses. (e) Bulk regulations should address how existing 5000 SF (undersized) residential lots should be developed.The current"step down"regulations in 240-70 should address this,without encouraging the creation of new undersized lots by subdivision.For example,under current regulations,because there is no R5 District, R2F setbacks are invoked. Board members think it is inappropriate to invoke setback dimensions of a 2-family zoning district in connection with development of a single-family house. Our schools,a beacon to many perspective residents,and a retainer of current families,are already full with 5+classes per grade in the elementary schools.Moreover,increasing housing will further strain our infrastructure in some of the ways that are already of concern as noted-water supply,preserving natural areas,reducing carbon footprint. There is no need for an increase in commercial areas or housing. Existing structures and/or vacancies Under QN should be replaced with like housing or businesses. Policy 1B Section 240-64 of the Town Code be reviewed as to why the applicant for the extension of a previously Sug.Strat issued special use permit is required to"demonstrate that there has been no change in circumstances in the area which would require the Planning Board to deny such extension"and as to how an applicant would so demonstrate. ANY development,be it an enlargement of Hommocks or a 55+housing development would not serve the interests of the community as a whole.Furthermore,any development,regardless in which of the 5 tracts it occurs,adversely burdens the most,those residents whose homes are either in the center of the town and/or alongside Weaver Street. Make an effort to add affordable housing to our community. Under QN Goal 2 Provide Places for music and food and create Meeting space to grab coffee and meet with others for Sug.Strat education and lectures I empty storefront or pop-up structure produced at MHS A Temporary test to close off Palmer downtown to cars for one weekend a month(or a Th/F) Sug.Strat -add more seating Quality Neighborhood(p.18) Add Make the heading bolder Quality Neighborhood(p.18) Reject - 2nd to last sentence,1st paragraph:Replace the term"contextual development"with simple,non- contextual technical words that are easily understandable to the layman. means like developments next door Quality Neighborhood(p.18) Question for TB 7 Page 9 of 380 Town Board September 6, 2023 Attachment A (Cont'd) 2nd sentence,2nd paragraph:Revise this sentence by adding"clear cutting of trees"so that it reads as follows:"These newer and larger homes have raised concerns about their compatibility with the Town's architectural traditions, and the prevailing scale of building in residential neighborhoods." Quality Neighborhood Policy Framework(pp.19-20) Replace"Action"with"Strategy"wherever it appears throughout the Quality Neighborhood Policy Framework. QN Policy 1A(pp.19) Question for TB Revise the first"Action"as follows:Update land use regulations to ensure that new development, alterations,additions and demolitions/rebuilds take into account the physical context of neighbors and of the surrounding neighborhood,and maintain the tree canopy,while providing opportunities for appropriate modifications to properties. In the first full paragraph on page 18,so as not to exclude the residents of the Town's series of multi- Add family buildings known as"Larchmont Acres",suggest not limiting the reference to the Washington Square Area and,thus,replacing"Area"at the beginning of the third line with"and Richbell Road Areas". In the last line of that paragraph,suggest replacing"around"with"along". (pg.18) Add In the first item under QN Policy 1A on page 19,suggest adding"expansions"after"alterations"in the Add first line. Suggest adding a new,second item under QN Policy 1A reading: "Improve equity among residential Question for TB property owners and protections to neighbors and neighborhoods by applying the same review procedures and standards to significant alterations,additions and expansions of existing residences, swimming pools,other outdoor sports facilities,generators,etc.as are applied to proposed new residences." The mark at the beginning of the second item under QN Policy 3A on page 20 is missing. Add In the third item under QN Policy 3A on that page,suggest adding an"s"after"government"and also Add adding",charitable foundations and other sources." 8 Page 10 of 380 Town Board September 6, 2023 Attachment A (Cont'd) SAFE CONNECTIONS Concerned about the ever-increasing traffic volume,frequent speeding,lack of enforcement of"No Trucks" Under SC Goal signage, the "traffic congestion" (mentioned under Transportation: access and circulation in this 2 and Sug. report) that occurs in the AM and PM, caused by commuting and school trips from Myrtle onto Weaver, Strat and consideration of more safety planning at the corner of Myrtle and Weaver*repeated 3 times via email Myrtle is a main East/West route through the Town,frequently used by Fire,Ambulance and Police as well Sug.Strat as commuters.It should NOT be used by trucks not making local deliveries but seeking a short-cut to I-95. *repeated 3 times via email This section of the street(Myrtle Blvd,particularly between Chatsworth Avenue and Weaver Street,with Sug.Strat an emphasis on the section of Myrtle Blvd that adjoins Weaver street) is posted as a shared road for bicycles,a impo, and not for use as a thoroughfare by trucks. This has been inadequately enforced thus strong agree with Goal SC Policy 2A(Maintain and improve roadway infrastructure)and the proposal of a study of traffic conditions and design alternatives, but to take place in our neighborhood, including the Myrtle roadway and the Weaver St./Myrtle Blvd.intersection. *Repeated 3 times We suggest installation of electronic speed signs along Myrtle in both directions,renewed enforcement of Sug.Strat the 25 mile an hour speed limit and the"No Trucks"ban,increasing the visibility of the"No Trucks"signs (for day and night),and repositioning the"No Trucks"sign by the park's gazebo. SC Goal 2 - suggest adding something like: action: work with school administrators and parents Sug.Strat (representatives)to improve street parking and safety conditions around schools SC Goal 4 - suggest adding something like: Explore solutions such as "Overpasses" or "pedestrian high Sug.Strat lines"that improve flow and safety while maintaining our small town feel. Balance mobility needs of people and cars. Infrastructure for pedestrians and bikers/scooters could be Under SC Goal utilized by Village residents too. 1 Re-Study and Revise the Strategies portions of Safe Connections to give residents a much clearer understanding of what the Town wants to accomplish-needs more strategies that other sections have Improve roadway operations; studying traffic conditions; physical improvements to roadway Under SC Goal infrastructure;expanding bicycling and pedestrian access. 1 and 2 Bike lanes on Weaver Sug.Strat Need more bike infrastructure, bike lanes and safer bike lanes. (Orienta/Weaver/BPR to Under SC Goal schools/connecting Villages) Paint is not protection*Repeated 14 emails 1, 4 and Sug. Strat Add protected intersections, narrowing spaces for vehicles, daylighting all intersections and having Sug.Strat dedicated signals for cyclists. Consider extending sidewalk widths to accommodate both foot and cyclist traffic*Repeated 3 emails Sug.Strat 9 Page 11 of 380 Town Board September 6, 2023 Attachment A (Cont'd) mistake to include an entire section called SC GOAL 3: ENSURE PARKING FACILITIES ARE EASY TO Question for ACCESS, EFFICIENTLY OPERATED,AND WELL-DESIGNED. Parking for cars,as a general rule, should be TB made harder Connect biking to climate change/reduction of traffic/improved air quality and supporting healthy habits Add language *Repeated in 3 emails to narrative Refining traffic patterns on(and,as necessary,adjacent to)the Boston Post Road(Route 1),which connects Under SC Goal the community to many heavily used destinations 1 and Sug. Strat Since Route 1 is under the auspices of NYS, proposed changes would be more persuasive if they were Sug.Strat presented by all three municipalities comprising the Town of Mamaroneck The Town should consider letting non-commuters purchase 1-2 day parking passes to use the Lot 3 Sug.Strat (Myrtle Avenue lot) Extra bike racks at the train stations for commuters to forgo their short car rides. Sug.Strat Let's install solar canopies to cover areas so bikers are not traveling In the rain.The covers can provide Sug.Strat power for the parks,train station and food venues that will be new along the way. Safe Connections (p.21) Add Make the heading bolder Safe Connections (p.21) Add 2nd sentence, 1st paragraph:Add"the Town of'before"Mamaroneck"for greater clarity and accuracy. Safe Connections (p.21) Add 1st sentence,2nd paragraph:Revise as follows:"Many residents commute to their places of work via the Metro North Railroad,and would like to have greater options for accessing the Larchmont and Mamaroneck krain stations." Safe Connections (p.22) Add Add the heading"Safe Connections Policy Framework"above SC Goal 1 to be consistent with the other sections of the document. Safe Connections (p.22) Replace"Action"with"Strategy"wherever it appears throughout the Safe Connections Policy Framework. SC Goal 1 (p.22) Sug.Strat Add more concrete"Actions"similar to Village of Mamaroneck's Comprehensive Plan,including: 1) Prepare a Complete Streets Implementation Plan,2) Prepare a plan for bicycle facilities p.9,Safe Connections,SC Action 1A1 Sug.Strat Add this new implementation step(which had been proposed in previous email feedback): "Pilot quick-build/pop-up bike lanes for designated days promoting biking/walking such as Walk/Bike to School Week or weekend events with pedestrian/bike only zones." 10 Page 12 of 380 Town Board September 6, 2023 Attachment A (Cont'd) p.22,Safe Connections,SC Action 3A3 Question for Revise wording next to SC Action 3A3 as follows with edits highlighted in green: TB "SC Action 3A3:Undertake urban desi n,landscape,and operational modifications that help reduce the visual blight created by parking facilities." Add this new implementation step(which had been proposed in previous email feedback): "Plant a substantial tree canopy on both sides of Boston Post Road." p.22,Safe Connections,SC Action 4A1 Question for Revise 1st proposed action as follows with edits highlighted in reen: TB "Ex lore otential for free shuttle or shared rides nnec • In the first full paragraph on page 21,suggest replacing"The commute"with"Commuting"in the first Add line,adding the word"station"after Railroad in that same line,and adding the word"mass"before "transit"near the end of the second line.I also suggest adding"and other locations along the New Haven line"after New York City in the third line,since there are a growing number of Town residents who are "reverse commuters"and who travel from the Town to Greenwich,Stamford,etc.for work. In the fourth line on page 22,suggest adding"including clearer signage to the entrance to 1-95"after Sug.Strat "upgrades".That is a real issue in the Washington Square Area,and,apparently,among truckers. At the end of that paragraph,I don't think you mean"school trips"and that you actually mean taking Add children to,and picking them up from,school. In the title to SC Policy IA on page 22,every street in the Town is connected to at least one other street and,directly or indirectly,is"connected to destinations throughout the town."Thus,I suggest that the wording used in this part of the draft CP be reconsidered. 11 Page 13 of 380 Town Board September 6, 2023 Attachment A (Cont'd) RESILIENT ENVIRONMENT Strongly support GOAL 3 and Policy 3A (undertake infrastructure improvements, natural resource Under Goal 3 preservation and community activities aimed at flood prevention),especially these Actions: Upgrade existing stormwater infrastructure; Preserve and restore natural protective features (e.g., roadway layout, camber, etc.) *Repeated in 2 emails Would like plan to include"preventing and minimizing....flooding impacts"on Myrtle Boulevard residents Sug.Strat *Repeated in 3 emails PB members urged more study of policies and regulations to better preserve trees, including those on Sug.Strat private property as well as within the Town's rights-of-way. Municipal pick-up of food scraps is not included in the Plan.*Repeated in 2 emails Sug.Strat importance of a formal Tree Preservation Ordinance (with a specific canopy coverage target and Under Goal 1 identification of species of trees that bring most benefits) is necessary as part of the Comprehensive Plan. and Sug.Strat Use Charlotte, NC and Washington, DC have comprehensive tree ordinances that may be useful for guidance.*Repeated in 2 emails Scrutinize large health tree removal(ex:Winged Foot Gold Course-caused more run off and flooding) Under Goal 1 and Sug.Strat encouraging the installation of permeable driveway surfaces to prevent flooding (parking lots of Under Goal 4 schools/public facilities and private homes) *Repeated 2 emails and Sug.Strat Look for government rebates for installing permeable pavers Sug.Strat Reduce carbon emissions and support energy efficiency and renewable energy use in municipal and Sug.Strat community buildings, transportation, and infrastructure." We feel that this could be much more specific and could be accompanied by targets for carbon reduction in three,five and ten years Every improvement of water infrastructure that the Town makes benefits us downstream. Clarify and strengthen the vital importance of restoring and expanding the tree canopy to trees' roles in TB question to floodwater absorption, temperature reduction, carbon capture, oxygen production and air quality add to improvement.Repeated in 2 emails narrative Upgrading stormwater infrastructure; reducing noise and air pollution; preserving vegetation; and All RE Goals championing a response to climate change. Town should promote awareness of importance of trees and tree canopy and educate the residents and Can add word businesses of importance of maintaining the tree canopy in and around home residences in the TOM. "educate" in *Repeated in 2 emails Policy 1A, action 2 Emphasize solar energy, heat pumps and geothermal energy as well as other methods as they are Under Goal 5 developed,less water-intensive landscape practices,locally grown food through community gardens,and Sug Strat phase out all fossil fuel-powered landscape equipment 12 Page 14 of 380 Town Board September 6, 2023 Attachment A (Cont'd) Banning gas-powered leaf blowers Sug.Strat opposed to any development of the Hampshire property due to green space,wetlands,birds and wildlife Sug.Strat habitat Incorporate Community Solar on large and small buildings to service many in need. Sug.Strat Improve the Tree Code,Building Codes and Planning Codes to assist the professionals in monitoring Sug.Strat water and minimizing service and electric loads on properties. Create New Parks of small Open spaces with seating/social/waiting areas to be added. Sug.Strat Promote tree planting by families. Either begin a program in the schools or defer taxes to a family who Sug.Strat contributes to purchasing a tree. Define a TREE CODE to protect our current trees.The Code will monitor a limited removal of trees on Sug.Strat individual properties and penalize when ignored.To be given out at house closing. Notes:Any tree removal requires a permit-All lot sizes qualify for permits. -No clear cutting of trees on property.Owner must show need for any removal -Only 6 trees;replant on same or arranged space alternate-Identify community arbor stations or areas along main streets -make relationships with vendors who supply trees. Guideline for Tree Community is: $3.Per resident.$90,000.+$270,000.Is allowance for Town spending 90,000 resideents= 1300 trees (RE) eSidewalks around trees:--Change sidewalk from hard edges to permeable paving to save large trees. -create curb cuts at road in front of homes - confirm each home has a continuous flow from house to street. Post sign at sidewalk to confirm. - post sign for no pesticides and member of Healthy Yard no pesticide usage Green infrastructure strategy- create a team with Town personnel,local homeowners and infrastructure Sug.Strat specialists to provides a working map with locations of trouble/problems.-locate map on second floor of main building with enough room for large tables and workspaces. have high school kids educate adults about the green infrastructure.Give them credits and add Sug.Strat community service requirements for instruction Set up teams to review energy use in libraries, classrooms, STEP program spaces. Document use and Sug.Strat savings Create a plan for Carbon Reduction - Provide classes on reducing carbon - Provide classes on adding new Sug.Strat technology-Provide classes on replacing carbon-make signage(billboards) Cut and Swap days Green infrastructure of plantings-when families divide their plants,we have a cut and Sug.Strat swap day at 4 locations. Center, train stations, post offices - change the zoning for the meridian between curb and sidewalk.Plant with wild flowers-town purchases labels for planting Leaf collection:- Each neighborhood to be coordinated to have 2 part days for gathering leaves. Sug.Strat 13 Page 15 of 380 Town Board September 6, 2023 Attachment A (Cont'd) Shirts and Hats and Bags-Labels we take our leaves Sug.Strat Revise first sentence to following: (p.4) Add "Resilient Environment prioritizes initiating ana auaptingzo climate change, limiting adverse impacts of development and human activity...as well as limiting noise and air pollution in the TQW_, Mamaroneck. Revise 2nd sentence to following: (p.4) Add "Other goals,policies and actions recommend best management practices...ensure that development practices minimize_damage,and promote best practices to reduce waste,carbon emissions,and the Town's carbon footprint." (p.4)Replace the word"wellbeing"with"well-being"in last sentence and elsewhere in document. Add Resilient Environment(p.24) Add Make the heading bolder Feedback on Improving Content in Resilient Environment(p.24) Question to TB This section should also note,as demonstrated by recent events across the country,the clear linkage between natural disasters,the withdrawal of private insurance carriers from disaster-prone areas,and the potential loss of both home values and Town tax revenues. Clarify and provide content in this section on the vital importance of restoring and expanding the tree canopy to trees'roles in floodwater absorption,temperature reduction,carbon capture,oxygen production,and air quality improvement. Resilient Environment(p.24) Add 1st sentence,1st paragraph:Add words-before"Mamaroneck's open spaces...." Resilient Environment(p.24) Add Last sentence,2nd ara ra h: Revise this sentence as follows:"This damage can be mitigated by the Town seeking to discharges into coastal waters,managing land use activities,and deploying green infrastructure techniques for managing stormwater flows." Resilient Environment(p.24) Add 1st sentence,3rd paragraph:Revise the sentence as follows: "The environmental impacts of climate change,such as sea level rise and extreme weather events and trend:]-are elevating community concerns about flooding,air quality,and demands on the electricity grid." Resilient Environment(p.25) Add 2nd sentence,3rd paragraph: Delete the"y"at end of word"Smarty"so thatthe phrase reads as"Climate Smart Community". Resilient Environment(p.25) 3rd sentence,3rd paragraph:Ralph Engel had suggested removing the reference to the Town "encouraging green building practices"as he wasn't aware of the Town actually doing this.However,it is ok to keep this as there is evidence that the Town has been encouraging green building practices in its own facilities,such through its multi-year energy audit contract with Honeywell and various measures undertaken to improve energy efficiency of Town facilities.There is certainly room for improvement in doing more on this. 14 Page 16 of 380 Town Board September 6, 2023 Attachment A (Cont'd) Resilient Environment(p.25) Add Add the heading"Resilient Environment Policy Framework"above RE Goal 1 to be consistent with the other sections of the document. Resilient Environment(p.25-26) Replace"Action"with"Strategy"wherever it appears throughout the Resilient Environment Policy Framework. RE Policy 1A(p.25) Add Revise the 2nd"Action"to"Maintain,protect,and expand tree_and vegetation in the Town. RE Goal 2 (p.25) Add Revise the 1st"Action"as follows:"Seek to eliminate direct or indirect discharges into coastal areas and RE Goal 4(p.25) Question for Revise the 1st"Action"as follows:"Ensure new buildings,additions,expansions,and other structures are TB sited and constructed in a manner that protects lives and minimizes damage to property-." p.15,Resilient Environment,RE Action 3A2: Add - Publish Revise 1st proposed action as follows with edits highlighted in green: and make "Publish materials on techniques for introducing green infrastructure on private property available to residents... p.15,Resilient Environment,RE Action 3A3: Sug.Strat Add these 3 new implementation steps:. "Eliminate unnecessary cutting of trees on private property through a strong tree code." "Establish a robust tree-planting program in the Town that aims for overall tree planting exceeding tree cutting/removal." "Require property owners to install permeable paving in driveways in flood-prone areas where feasible." p.17,Resilient Environment,RE Action SA1 Sug.Strat Add these 3 new implementation steps(which had been proposed in previous email feedback): "Use low carbon concrete in road and building construction/maintenance works,in line with New York State recommendations." "Expand capacity in the grid for electric dependency." "Adopt green parking lot standards." p.17,Resilient Environment,RE Action 5A4 Sug.Strat Add these 3 new implementation steps(which had been proposed in previous email feedback)which are important for the Town to meet the Climate Smart Communities program requirements and gain points for their criteria: "Foster climate-friendly economic development and practices" "Promote development of residential and community vegetable gardens." "Promote awareness of the importance of trees and the tree canopy and educate the residents and businesses of importance of maintaining the tree canopy in and around homes residences and commercial buildings in the Town." 15 Page 17 of 380 Town Board September 6, 2023 Attachment A (Cont'd) In the box at the top of page 24,because I am not at all sure that you,or even Jaine,can prevent extreme Add weather,I suggest replacing"preventing and minimizing extreme weather and flooding impacts"with "preventing and minimizing flooding impacts from extreme weather. In the second action item under RE Policy 1A on page 25,I do not think that the wording is correct.I Add suggest that the present wording be replaced by"maintain,protect and expand protections for trees and vegetation in the Town". As to the fourth action item under RE Policy 1A on that page,except as to construction noise,I believe that Sug.Strat the Town lacks a noise ordinance of any kind.I thus suggest that something be added to this action item to reflect the need to limit noise originating from one property but impacting another,and that something be added elsewhere in the CP to deal with this inequity. Under RE Policy 2A on page 25,suggest adding/inserting/specifying what discharge into coastal areas Question for and residential neighborhoods you seek to eliminate.I also suggest that it not be limited to"residential TB. Assuming neighborhoods"but,rather,encompass the entire Town. Town wants to eliminate all discharges and have everything instead go through sewers and be treated. But its the residential neighborhoods and the Sound that are most critical. We could just say "eliminate discharges in all Town waterbodies especially those in residential neighborhoods and along the coast" 16 Page 18 of 380 Town Board September 6, 2023 Attachment A (Cont'd) SOUND ECONOMY Wish the plan draft and/or policy framework would include language throughout demonstrating fiscal accountability and cost savings/trade offs to maintain or reduce the tax burden on the population served- how does Sound Economy work with framework of Goal 2 Re-Study and Revise the"Town operations efficiency"Strategy portions of Sound Economy to give residents List of ideas a much clearer understanding of what the Town wants to accomplish.Needs more ideas for how this can be in Sug.Strat accomplished Conduct a cost/savings analysis of consolidating the three Governments Sug.Strat Shared services-_The Plan should more strongly set as a goal the sharing of services among the Town and the Sug.Strat two villages. The Plan misses the opportunity to set a goal of reducing the unneeded and expensive administrative costs of having three separate governments supervising services that could be shared Form a group of locals to set up new businesses Explore a tax write off for doing work for the Town Sug.Strat Keep our financial situation top notch;add increase possibilities for commercial owners to advance Under SE Goal 1 (p.4)Add the word"the"before"efficiency"in last sentence so that it reads as"This section also Add strives...and maximizing efficiency of Town operations." Sound Economy(p.27) Add Make the heading bolder Sound Economy(p.27) Add Add the heading"Sound Economy Policy Framework"above SE Goal 1 to be consistent with the other sections of the document. Sound Economy(p.27) Replace"Action"with"Strategy"wherever it appears throughout the Sound Economy Policy Framework. 17 Page 19 of 380 Town Board September 6, 2023 Attachment A (Cont'd) OTHER/Executive Summary/Community Needs Assessment What did the Board learn from the process/"Plan"? What actions does the Board expect to take--in the next year,in the next ten years,etc.--to achieve what is described in the"Plan"? How would those actions be different from what the Board may have expected to do prior to the"Plan"and process? "...offers a high quality of life characterized by leafy neighborhoods,quality schools,diverse architectural style..."As stated above from the plan,we also benefit from the natural of mature trees and preserved land. As well as man made houses and buildings built at a time when character was as important as integrity of the structure. Adding new mixed use buildings will inherently alter these aesthetics for the worse. The plan appears to be quite generic in"goals"and absent any"plans"for accomplishing them. PB members asked whether the comprehensive plan will be referred to the Westchester County Planning Board for review and comment. PB members expressed frustration that referrals by the Town Board to the Planning Board allow Sug.Strat insufficient time to discuss and articulate opinions given the fact that the Planning Board meets only once per month and the Open Meetings Law requires all public business to be conducted at a duly noticed public meeting. What percentage of the public participated in various "public engagement" activities related to the Add numbers preparation of the"comprehensive plan"? at each event? Replace the term "Actions" with either"sub-policies" or "Strategies", either of which are a much better characterization of the vague and general content of these items On page 2"Over the past ten years,the unincorporated area's population has remained unchanged at just Reject-We under 12,000 persons"yet on page 33,the population in the Table is listed as 12,850 or over 12,000 and present both grew from 2010 to 2020 7.3%.Therefore,please do a quality control check of the numbers cited within ACS and the document to eliminate contradictions and fix the statement on page 3 accordingly, or provide more decennial data. recent data supporting the statement that the population is under 12,000 and remained unchanged from The data sets 2013 to 2023. are different. And we have a note that explains that. It`s better to draw upon the ACS data, which in fact shows the population staying under 12K over the least ten years Page 59 cites that the Town has over 4,900 trees along its roads and in public spaces. What size trees We will fact counted and what is the reference,study,etc.and year that determined there were 4,900 trees? check this 18 Page 20 of 380 Town Board September 6, 2023 Attachment B LMC MEDIA I STUDIOONECK AVENUE STUDIO MAMARONECK AVENUE STUDIO KG&D Project No. 243 Mamaroneck Ave 2023.1047 Mamaroneck, NY 10543 DESIGN TEAM CONSTRUCTION DOCUMENTS Atrci AGM Architects 285 Mein Street Mount Kisco,NY 1054E Pee 914-666-51200 MECHANICAL ENGINEER ON OLA Consulting Engineers �AA I 50 nthrnne Y Suite 2 ..... 5OH E.nld*NY Suite 41111P A! 32 phsw914-747.2E00 *cowrie.ENGINEER Acoustic Dlrlstlnctlons _ I E0 Ept 4286 Street . 4111 .11 , New e Yak NY ISM *tee aw 212.704dR18 ' i ill r < 1. UST OF DRAWINGS E � COVER G000 wr . Town Board September 6, 2023 Attachment B (Cont'd) LMC YEARS MEDIA September 1,2023 Town of Mamaroneck Town Council 740 W. Boston Post Rd. Mamaroneck, NY 10543 RE:LMC Media Capital.Improvement Project at Mamaroneck Cinemas Dear Supervisor Eney&Town Council Members: LMC Media is respectfully requesting the release of capital funds from the PEG grant, proportionate to the Town's PEG funds(34.1g%),for the previously greenlit studio renovation project at Mamaroneck Cinemas. Additionally,LMC Media is requesting a previous amount of PEG capital that was originally submitted to the Tri-Municipal Board of Control.in November, 2022 for reimbursement I should note that the Village of Larchmont has already paid their portion. We have attached our budget, requisition list,and architect plans for your review.We look forward to working with you on this project,which is sure to be a wonderful addition to our community. Sincerely, Matt Sullivan Executive Director, LMC Media 740 W.Boston Post Rd.#311 Mamaroneck.NY 10543 1914381-2002 I wwwlmcmedia.org Town Board September 6, 2023 Attachment B (Cont'd) LMC Media Video/podcast studio Working budget as of 8/30/2073 gadget Projected Variance HARD COSTS Costto complete General Construction 200,000 171,101 28,899 Studio Equipment Fit-out 350,000 (11,000) Base system 343,000 Lighting Package 2,000 Grid 10.000 Hard Cost contingency 110,000 100.000 30,000 Total Construction 660,000 632,101 27,399 General Conditions 66,000 65,074 926 Sub-total Insurance 14,520 - 14,520 Sub-total Bond 14,E10 - 14,810 755,330 697,175 58,155 TOTAL HARD COSTS SOFT COSTS Design Services-AV and acoustician 30,E 30,000 - Design Services-architect and engineers 18,500 25.000 (6,500) FF&E (Fee and procurement) 7,000 (7.000) Permits and licences 1,000 L000 - S rage 3,000 5,000 (2,000) Reimbursable Expenses 5.000 5,000 - Contingency l 10% 5.750 5.750 - Contract administration 10,000 - 10,000 TOTAL SOFT COSTS 73,250 78,750 (5,500) TOTAL COST 828,580 775,925 52,655 Town Board September 6, 2023 Attachment B (Cont'd) LMC Media Requisition to the Tri-Count Board of Control Payee Invoice q Amount Due Amount Received Amount Received from BOC from Larchmont 17.35% 2022 Invoice 24,688.19 0.00 4,283,40 Studio project Apiero Design 1 12,159.17 0.00 0.00 2 4,375.00 0.00 0.00 K G&D Architect 1 4,493.75 0.00 0.00 2 16,605.00 0.00 0.00 Abel Cine Deposit 173,415.00 0.00 0.00 Total to date 235,736.11 0.00 4,283A0 14:44I du 231,452.71 194,835.39 36,616.821 Town Board September 6, 2023 Attachment B (Cont'd) Item Unit Cost Qty. Ext Cost Approval Status Van Repairs&Updates $17,995.99 1 $18,768.13 Pending BOC Approval Wireless Mic for Cell $23.98 1 $23.98 Pending BOC Approval Adobe Ucense Renewal $290.40 13 $3,775.20 Pending BOC Approval Sony Battery Charger $158.00 1 $158.00 Pending BOC Approval Speaker cable 25'1/4" $16.85 2 $33.70 Pending BOC Approval Speaker cable 10'1/4" $14.49 2 $28.98 Pending BOC Approval Wireless Mic for Cell $26.99 2 $53.98 Pending BOC Approval Tripods $397.88 3 $1,193.64 Pending BOC Approval Stereo microphone bar $13.95 1 $13.95 Pending BOC Approval Case for microphone equipment $100.00 1 $100.00 Pending BOC Approval Small stereo compressor $185.00 1 $185.00 Pending BOC Approval Mobile equipment cart $169.98 1 $169.98 Pending BOC Approval Battery Tester $3.71 1 $3.71 Pending BOC Approval SD cards $29.99 6 $179.94 Pending BOC Approval TOTAL= $24,688.19 Town Board September 6, 2023 Attachment C Town of Mamaroneck From: Tracy Yogman -Town Comptroller Re: Fire Claims Date: September 06, 2023 The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount Repaired Scott Face Mask,parts,sanitize,Survivor led battery,key- AAA Emergency Supply Co.,Inc. lock,hydrotest,refill air cylinder $ 827.08 Push botton switches,packing tape,inverter 3 AC outlets, Amazon dishwasher powder,usb cable,battery adaptor,aspirin, 555.07 HDMI splitter adapter cable,screws,HDMI cable,splitter,tool tether Amazon with carabiner,plastic sheet 620.56 Bound Tree Medical,LLC Rescue Randy manikins 1,499.99 Champion Elevator Maintenance for August 2023 209.83 Firehouse Innovations LI Inc. Wheel system,spike blocks,threaded rod pack 1,020.00 FireCompanies.Com Platinum Package-hosting and maintenance 8/1/23 209.97 Galls,LLC Shirts with logos 175.20 Optimum Cable Services for 7/23-8/22/23 259.38 Ready Refresh Water Cooler/Rental Fee-3/19-6/19 564,88 40, Royal Comfort LLC Hvac annual maintenance 2,771.00 Sound Shore Pest Control Exterminating services 7/25/23 70.00 The Blowhard Company Parts for battery operate Ventilation fan 382.50 Tony's Nursery Inc. Propane exchange 59.98 Town of Mam'k Fire Dept. Food for Water Rescue training 7/19/23 299.64 Town of Mam'k Fire Dept. Food for Standpipe training 8/2/23 223.95 UniFirst Corporation Cleaning supplies 7/14,7/21,7/28/23 394.11 W]WW 6"Metered fire service 6/26-7/25/23 37.00 Total $ 10,180.14 • Page 197 of 380 Town Board September 6, 2023 Attachment D TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE 'IcilluCii.711Headquarters CHIEF 205 WEAVER STREET LARCH MONT.NEW YORK 10538 WEAVER 834-2100 EMERGENCY!—,� 834-2101-NON EMERGENCY _ 834-2438 CHIEF'S OFFICE STREET 834-0922-FAX WWW.TMFD.ORG 4 e...P D ___..\ To: Board of Fire Commissioners From: Chief Thomas Broderick Date: September 05,2023 Re: Fire Report for the Month of August 2023 The following report outlines response to calls made during the month of August 2023. It summarizes the nature,the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 34 Minors 20 Stills 2 Out of Town(Mutual Aid) 1 EMS 46 Drills 3 TOTAL 106 Total number of personnel responding: 589 Total time working: 40 hours and 37 minutes Respectfully Submitted, Chief Thomas Broderick 4 4I Town Board September 6, 2023 Attachment D (Cont'd) Incident Type Count Report Date Range: From 8/1/2023 To 8/31/2023 Selected Station(s):All Incident Tyne Description Count Station: EMS 321 -EMS call,excluding vehicle accident with injury 46 44.66% Total-Rescue&Emergency Medical Service Incidents 46 100.00% Total for Station 46 44.66% Station: HO 113-Cooking fire,confined to container l 0.97% 140-Natural vegetation fire,other 1 0.97% Total-Fires 2 3.70% 322F-Vehicle accident with injuries 3 2.91% 324F-Motor vehicle accident with no injuries 2 1.94% 352F-Extrication of victim(s)from vehicle I 0.97% 353F-Removal of victim(s)from stalled elevator 2 1.94% Total-Rescue&Emergency Medical Service Incidents 8 14.81% 412-Gas leak(natural gas or LPG) 2 1.94% 444-Power line down 2 1.94% 461 -Building or structure weakened or collapsed 1 0.97% Total-Hazardous Conditions(No fire) 5 9.26% 511 -Lock-out 3 2.91% 520-Water problem,other 2 1.94% 551 -Assist police or other governmental agency 2 1.94% 553-Public service 1 0.97% 571-Cover assignment,standby,moveup 1 0.97% Total-Service Call 9 16.67% 735-Alarm system sounded due to malfunction 3 2.9 1% 736-CO detector activation due to malfunction 1 0.97% 740-Unintentional transmission of alarm,other 7 6.80% 743-Smoke detector activation,no fire-unintentional 3 2.91% 745-Alarm system sounded,no fire-unintentional 16 15.53% Total-Fals Alarm&False Call 30 55.56% Total for Station 54 52.43% Station: STIL 321-EMS call,excluding vehicle accident with injury 2 1.94% Total-Rescue&Emergency Medical Service Incidents 2 66.67% 571 -Cover assignment,standby,moveup I 0.97% Total-Service Call 1 33.33% Total for Station 3 2.91% 103 100.00% Page 1 of 1 Printed 09/05/2023 17:33:27 Town Board September 6, 2023 Attachment E CONTRACT OF SALE (Vacant Land) • THIS AGREEMENT is dated the day of September,2023 and is between Town of Mamaroneck whose address is 740 West Boston Post Road,Mamaroneck,NY 10543("Seller") and Julian Charles Sancton and Jessica Emilie Levine,both residing at 20 Winthrop Avenue,Larchmont,NY 10538("Purchaser"). 1. Seller shall sell and Purchaser shall buy the real property hereinbelow described for the sum of sixteen thousand and no/100ths($16,000.00)dollars,payable as follows: On the signing of this Contract,no down payment, At closing, by bank or certified check, the sum of sixteen thousand and no/ths ($16,000.00) dollars. 2. The real property is described on the annexed Schedule A. 3. Upon receipt of the purchase price at the time and in the amount set forth in "1" above, the • Seller shall execute and deliver to Purchaser, a Quit Claim Deed, in recordable form, so as to convey whatever title, if any, the Seller has to the real property described on Schedule A, subject to the covenants and restrictions set forth below. The Purchaser shall pay for the preparation of the Quit Claim Deed, all documents associated with this transaction and all transfer taxes due as a result of the sale of the real property. The deed shall contain a clause which complies with Section 13 of the Lien Law.If the Seller is unable to convey insurable title subject to the matters set forth herein,the Purchaser may either (a) close title and accept whatever title the Seller can convey or (b) cancel the contract. In either case,the Seller will not be considered to be in default of this Contract and the Purchaser shall not seek any damages,specific performance of this Contract or an abatement in the purchase price. 4. All adjustments of real estate taxes, assessments and water/sewer charges, if any, shall be conducted in the normal manner for real estate transaction in the locality in which the real property is situated. 5. The Purchaser shall have possession of the real property on the date of the transfer of title unless otherwise agreed to, in writing, by the parties hereto or their attorneys, in which event, all adjustments shall be calculated from the date that the Purchaser took possession of the real property and Purchaser shall be obligated to maintain the real property from said date. 6. If the Purchaser fails to perform any of the terms,conditions and provisions of this Contract that it is required to perform, the Seller shall give the Purchaser written notice of such default. If the Purchaser fails to cure the default,within ten(10)business days after notice has been given, the Seller • may terminate this Contract by giving written notice in the same manner that a notice of default may be given. If the Purchaser is in possession of the real property,it shall immediately relinquish same to the Seller. Upon written request by either party,the parties shall execute a formal termination contract. The Purchaser hereby expressly appoints the Seller as the Purchaser's attorney-in-fact fothe sole rge S of 380 Town Board September 6, 2023 Attachment E (Cont'd) purpose of executing a formal termination of contract if the Purchaser fails to or refuses to execute same within fifteen (15) days after the Seller requests that it do so. The rights afforded the Seller hereunder . shall be in addition to those afforded to it by law. 7. This Contract may only be changed or amended in a writing signed by the parties hereto. 8. This Contract shall be binding upon the distributees, executors, administrators, successors and assigns of the parties hereto. 9. This Contract of Sale is subject to a permissive referendum. 10. The closing shall occur on or about the 14th day after the date that the time to petition for a permissive referendum shall have expired. 11. The acceptance of the deed by the Purchaser shall be deemed to be the full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Contract of Sale. None of the obligations that the Seller is required to perform pursuant to this Contract of Sale shall survive the closing. 12. The Purchaser will accept the real property in its"as-is"condition on the date of the closing and subject to any state of facts an accurate survey may show, each covenant, easement or restriction of record and all zoning laws and other laws, ordinances and regulations imposed by any governmental unit or municipal authority having jurisdiction over the parties or the real property. ® 13. In entering into this Contract for Sale, the Purchaser is not relying upon any representation, express or implied,made by the Seller or its employees or consultants. 14. The parties may not assign their rights under this Contract of Sale. 15(a) Any notice which is required or may be given under this Contract of Sale shall be in writing and shall be deemed to have been made either(i)on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice)or to someone of suitable age and discretion at the address of that party(or a person who is entitled to a copy of the notice)or(ii)on the first business day after it is sent, if it is sent by a reputable overnight courier or (iii) on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice("addressees")are: If to the Purchaser,to: Julian Charles Sancton and Jessica Emilie Levine 20 Winthrop Avenue Larchmont,NY 10538 111 Page 360 of 380 Town Board September 6, 2023 Attachment E (Cont'd) 1110 If to the Town,to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Att:Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Att: Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. 16. The words"Purchaser"and"Seller"shall include the plural thereof where applicable. 17. This Contract may be executed in one or more counterparts, which, when taken together, shall constitute a single agreement. This Contract may be transmitted with a facsimile signature or a"PDF" or similar signature which shall be fully binding and enforceable on the Parties. IN WITNESS WHEREOF the parties have signed this Contract on the date and year first mentioned herein. Town of Mamaroneck By: Meredith S. Robson,Town Administrator Julian Charles Sancton Jessica Emilie Levine Sales of Land/20 Winthropl2022-09-01-contract of sale Vacant Land 3 Page 361 of 380 Town Board September 6, 2023 Attachment E (Cont'd) Stephen F. Hoppe, LS, P.C. Licensed Professional Land Surveyor 111 Route 303 • Tappan,NY 10983 Phone 1(845)359-5050 June 7,2023 DESCRIPTION OF LAND TO BE CONVEYED 20 WINTHROP AVENUE MAMARONECK,WESTCHESTER CO.,NY BEGINNING at a point in the southerly sideline of Winthrop Avenue where the same is intersected by the easterly side of Plymouth Road and running thence; 1.) S.51°-07'W.,along the easterly side of Plymouth Road for a distance of 100.00 feet to a point in same,thence; 2.) N.39°-41'-10"W.,along the southerly side of Plymouth Road for a distance of 7.00 feet to a point in same,thence; 3.) N.51°-07'E.,for a distance of 43.39 feet to a point,thence; 4.) N.384-53'-00"W.,for a distance of 11.41 feet to a point,thence; 5.) N.42°-13'-54"E.,for a distance of 57.38 feet to a point,thence; 6.) S.38°-53'-00"E.,for a distance of 26.39 feet to the point and or place of beginning. Known as a portion of Plymouth Road to be conveyed to Tax Lot 56(20 Winthrop Avenue). Area to be conveyed=1,548 SF Page 363 of 380 Town Board September 6, 2023 Attachment E (Cont'd) OFFSET DIMENSIONS ARE NOT TO BE USED FOR CONSTRUCTION. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. N 0 0 WINTHROP AVE T w I w AO MtREs (FORMERLY LOCUST AVE) i Nvi = STO P. P , NE W_ • m f�� 'e II PL. \ 75,001 in OK u.., // !/ STONE d, CO O 7j� Ii •NE STORY: WALL OI O �� SEC.-4 O i{///J LOT-56 /�j// , (TAX MAP) FRAME I ' .tt , J y ' 1 W000 FENCE �`� O.Y E. /' I lPROPOSED ��Y CONVEYANCE _ , / ''E�7'' ® 19 0 18 r �' ��#DAM- .',,;__� C J O [/ 41101 t IYE © 7 1 o I LOT MAP 0 __ I LOT #(TSP.) i �` / ' FRAME[t� 7, GARAGE P vi xogo Faux a.T 50.00' f Z 25.00' '14 s N. 39'-41'-10" W. N. 39'-54'-50" W. -0,0ERNEAO MpIES SURVEY OF PROPERTY #20 WINTHROP AVENUE LOT 56, BLOCK 10 , SECTION 4 MAMARONECK, WESTCHESTER CO . , NY Certified to:Jessica Levine SCALE:1"=30' DATE: APR. 7, 2023 STEPHEN F. HOPPE, L.S. LICENSED PROFESSIONAL LAND SURVEYOR Map Reference:Being known as Lot Nos.19,20 and 21 on a 111 ROUTE 303 map entitled:"Map of Lands of Frederick Lorenzen,Esq.,being TAPPAN, EW YORK 10983 C Subdivision of Property purchased from Florence S.Lambert, NY LIC. O. 50539 situate in the Town of Mamaroneck,Westchester County,N.Y." filed in the Westchester County Clerk's Office on June 18,1900 in Volume 13 of map at Page 42. L.S. I DRAWN BY-TJH I REVISED: LE NO.-7162-23 Page 364 of 380 I Town Board September 6, 2023 Attachment E (Cont'd) ® QUITCLAIM DEED THIS INDENTURE made as of BETWEEN the Town of Mamaroneck,with offices at 740 West Boston Post Road,Mamaroneck,NY 10543,the party of the first part,and Julian Charles Sancton and Jessica Emilie Levine, both residing at 20 Winthrop Avenue, Larchmont,N 10538Y,the party of the second part, NOW, THEREFORE, the party of the first part, in consideration of sixteen thousand and no/ths ($16,000.00) dollars paid by the party of the second part,does hereby remise,release and quitdaim unto the party of the second part, its successors and assigns forever, all of its interests to the real property described in Schedule"A"hereto without any representation as to the quality of the party of the first party's title thereto. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets roads abutting the premises described in Schedule"A" to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises granted herein to the party of the second part its successors and assigns forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to ® receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part,acting through Meredith S. Robson, as Town Administrator of the Town of Mamaroneck has duly executed this deed as of the day and year written above. TOWN OF MAMARONECK By: Name:Meredith S.Robson Title: Town Administrator State of New York County of Westchester On before me,the undersigned personally appeared Meredith S.Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Town Administrator of the Town of Mamaroneck,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. • Notary Public Town Board September 6, 2023 Attachment F CONTRACT OF SALE (Vacant Land) • THIS AGREEMENT is dated the day of September,2023 and is between Town of Mamaroneck whose address is 740 West Boston Post Road,Mamaroneck,NY 10543("Seller") and Peter M. McWhinnie and Paula Kirby, both residing at 15 Edgemont Road, Larchmont, NY 10538 ("Purchaser"). 1. Seller shall sell and Purchaser shall buy the real property hereinbelow described for the sum of seven thousand five hundred and no/100ths($7,500.00)dollars,payable as follows: On the signing of this Contract,no down payment, At closing, by bank or certified check, the sum of seven thousand five hundred and no/ths ($7,500.00)dollars. 2. The real property is described on the annexed Schedule A. 3. Upon receipt of the purchase price at the time and in the amount set forth in "1" above, the • Seller shall execute and deliver to Purchaser, a Quit Claim Deed, in recordable form, so as to convey whatever title, if any, the Seller has to the real property described on Schedule A, subject to the covenants and restrictions set forth below. The Purchaser shall pay for the preparation of the Quit Claim Deed, all documents associated with this transaction and all transfer taxes due as a result of the sale of the real property. The deed shall contain a clause which complies with Section 13 of the Lien Law.If the Seller is unable to convey insurable title subject to the matters set forth herein,the Purchaser may either (a) close title and accept whatever title the Seller can convey or (b) cancel the contract. In either case,the Seller will not be considered to be in default of this Contract and the Purchaser shall not seek any damages,specific performance of this Contract or an abatement in the purchase price. 4. All adjustments of real estate taxes, assessments and water/sewer charges, if any, shall be conducted in the normal manner for real estate transaction in the locality in which the real property is situated. 5. The Purchaser shall have possession of the real property on the date of the transfer of title unless otherwise agreed to, in writing, by the parties hereto or their attorneys, in which event, all adjustments shall be calculated from the date that the Purchaser took possession of the real property and Purchaser shall be obligated to maintain the real property from said date. 6. If the Purchaser fails to perform any of the terms,conditions and provisions of this Contract that it is required to perform, the Seller shall give the Purchaser written notice of such default. If the Purchaser fails to cure the default,within ten(10)business days after notice has been given, the Seller • may terminate this Contract by giving written notice in the same manner that a notice of default may be given. If the Purchaser is in possession of the real property,it shall immediately relinquish same to the Seller. Upon written request by either party,the parties shall execute a formal termination contract. The Purchaser hereby expressly appoints the Seller as the Purchaser's attorney-in-fact forge 367 of 380 Town Board September 6, 2023 Attachment F (Cont'd) purpose of executing a formal termination of contract if the Purchaser fails to or refuses to execute same within fifteen (15) days after the Seller requests that it do so. The rights afforded the Seller hereunder • shall be in addition to those afforded to it by law. 7. This Contract may only be changed or amended in a writing signed by the parties hereto. 8. This Contract shall be binding upon the distributees, executors, administrators, successors and assigns of the parties hereto. 9. This Contract of Sale is subject to a permissive referendum. 10. The closing shall occur on or about the 14th day after the date that the time to petition for a permissive referendum shall have expired. 11. The acceptance of the deed by the Purchaser shall be deemed to be the full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Contract of Sale. None of the obligations that the Seller is required to perform pursuant to this Contract of Sale shall survive the closing. 12. The Purchaser will accept the real property in its"as-is"condition on the date of the closing and subject to any state of facts an accurate survey may show, each covenant, easement or restriction of record and all zoning laws and other laws,ordinances and regulations imposed by any governmental unit or municipal authority having jurisdiction over the parties or the real property. • 13. In entering into this Contract for Sale, the Purchaser is not relying upon any representation, express or implied,made by the Seller or its employees or consultants. 14. The parties may not assign their rights under this Contract of Sale. 15(a) Any notice which is required or may be given under this Contract of Sale shall be in writing and shall be deemed to have been made either(i)on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice) or to someone of suitable age and discretion at the address of that party(or a person who is entitled to a copy of the notice)or(ii)on the first business day after it is sent, if it is sent by a reputable overnight courier or (iii) on the third business day after it is mailed,if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice("addressees")are: If to the Purchaser,to: Peter M.McWhinnie and Paula Kirby 15 Edgemont Road Larchmont,NY 10538 With a copy to: Paul J.Noto Dorf&Nelson LLP 555 Theodore Fremd Avenue Rye,NY 10580 • 2 Page 368 of 380 Town Board September 6, 2023 Attachment F (Cont'd) • If to the Town,to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Att:Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Att: Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. 16. The words"Purchaser"and"Seller"shall include the plural thereof where applicable. 17. This Contract may be executed in one or more counterparts, which, when taken together, shall constitute a single agreement. This Contract may be transmitted with a facsimile signature or a"PDF" or similar signature which shall be fully binding and enforceable on the Parties. IN WITNESS WHEREOF the parties have signed this Contract on the date and year first . mentioned herein. Town of Mamaroneck By: Meredith S.Robson,Town Administrator Peter M.McWhinnie Paula Kirby Sales of Land/15 Edgemont/2022-09-01-contract of sale Vacant Land • 3 Page 369 of 380 Town Board September 6, 2023 Attachment F (Cont'd) Link Land Surveyors, P.C. New York State Licensed Land Surveyors 21 Clark Place,Suite 1B Mahopac,New York 10541 Phone 845-628-5857 MEMBERS OF THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS WESTCHESTER PUTNAM ASSOCIATION OF PROFESSIONAL LAND SURVEYORS May 18, 2023 All that certain plot, piece or parcel of land, situate, lying and being in the Town of Mamaroneck, County of Westchester and State of New York being a portion of Knollwood Drive and Edgemont Road as shown on a certain map entitled "Map of a portion of Rouken Glen, Section 10, Property of Occum Realty Corp." dated Aug. 24, 1928, made by Jules H. Werner and filed in the Office of the Register of Westchester County, now Office of the County Clerk of Westchester County, Division of Land Records, on Oct. 15, 1928 in Volume 68 of Maps, at page 29, said portion of said road and drive being bounded and described as follows: BEGINNING at a point on the northeasterly side of Edgemont Road at the northwesterly end of a curve having a radius of 23.21 feet and an arc length of 42.76 feet which connects the northeasterly side of Edgemont Road with the northwesterly side of Knollwood Drive as shown on the above mentioned filed map; RUNNING THENCE from said point of beginning in a southeasterly direction along the afore mentioned curve, being a curve to the left having a radius of 23.21 feet, a distance of 42.76 feet to the northerly terminus of Knollwood Drive; THENCE along the northerly terminus of Knollwood Drive South 56°41'30" East 35.00 feet.; THENCE South 33°18'30" West a distance of 40.31 feet to the southeasterly prolongation of the northeasterly side of Edgemont Road; THENCE Northwesterly along a non-tangent curve to the left having a radius of 52.00' with Radial Bearing of North 66°43'44" East, a distance of 32.41'; THENCE along said southeasterly prolongation of the northeasterly side of Edgemont Road North 41°07'40" West 35.00 feet to the point and place of BEGINNING. • Page 371 of 380 Town Board September 6, 2023 Attachment F (Cont'd) • III 9038 st; 4.5-0(24 i W,Q - q y;- b4NOS NOW OR FORMERLY SURVEY a PAULA KfRBY&PETER M. McWHWNME P CONTROL No. 503277458 OF PROPOSED PROPERTY N/o L-42.76' g R=23.21' try SITUATE 1N THE ") TOWN OF MAMARONECK '.. 4 WESTCHESTER COUNTY OQ NEW PORK \ P PERTYs�NV, j��SC.FLE:1'•20' t`\4, A IO- 1 I.0.032.5, Nl /11/.......,'-- - �/ SURVEYED:NOVEMBER 3.2021 G6y c 0 BEARINGSREVLRIhMARCJl2.2@I KNOLLWOOD s��9s - ry �g 1 LICE SURVEY REVISED ro SHOW NEW coNPicurunoNOFPARCELFeaRUMYTo.2azD DRIVE (y'c�('V��' � e �' m SURVEY REVISED TO SHOW'NEW CONFIGURATION OF PARCEL:MAY 0.2PES VJ ,�\\ ' IN. ��QS-!@6-I@ sue•. - /4 ` ----'� FACE W PNL 'mme mom. I 4w •THE PREMISES SHOWN HEREON DRESS EESIUNATES AS A WTIONOF THE ROM OF WAY OF•DOWpJT ROW AENOLLWoo0ICIOE AS soon I 533°15'30'W-'-1' I J CERTAW NNE E.NTVRED Tu..A PORTION OF FAUREN OLEN SECTION IO PROPERTY OF MO•A REKTY CARP'.PREPARED SY JULES N. 4@_31` o' j▪FA SURVEYOR ON AVOIwY 24.ImeNM&FED N THE NESTCIESTEA COUNTY CLEF.,OFF._DESPN OF LAND RECORDBEFORMIN.7 S // wSTICHESTER COUR.REGISTERS.&OFFICE N VOLUMlN OF MAPS PATE 22 AND A CERTAN ADP ENTRIES SNP OF rrt ) HAYES ON MARCH 2.IBIS MO&RED N TIE WESTCHESTER COUNTY UTERI.OFFICE,MSS.OF LAND RECORDS,F•Om,ENLY THE }ED DV \SC7 V WESTONESTE0.<OINTY REGISTERS OFFICE,ON AUGUST IS,pW AS HMO IMF NE.250T. i8 A� •ONE LIPP Is SPEED UP.I THE NFORMATPH S M..W THE CLIENT AR0.OR NIS REPRESENT..FWD SRNDECT lO THE Flu Dm.THAT A ---ASFF���'"' �,Y COMPLETE ABSTRACT.TIRE WY UNDO.P / •THE OFFSETS SHP.HEEOU ARE NEST En ENDED TO Emmy.PROPERTY LINES FOR THE EECTfw OF FENCES.STRUCTURES OR ANT OTH ER -� •PROVESENTS "• •ENCROACHIWNTSOa./GRADE ANDIOR WSSUIFP.LE FEAT...IF ANT,NOT LOCATED OR SHOWN HEREON. • UHAUTH IOW q Of THE v.TowOuuTSURVEY MAP STA..A LICENSED TAMS SORVETORN...IS A worn..OF SECTIN TM. SUD sTATF LINOS NOW OR FORMERLY •TKyINFTNAATTON BEnOWLI WAEEN®•ASFD UPD.AN ACRES FIELD WRIST AND•.SI tPH0N HATED UPON SAID Wm.,VARN,ION&E yy JFNMFER M. RANNA 9 " O FFS-STEEP.RROM TIaATCF THE DTHE�CPA MO LAY EwBT, / CONTROL No. 540353023 Efts E•F N.•ONLY C S FHDIA THE owIONAL OF HIT&SURVEY MARKED WITH AN ORDNAL OF THE WHO SUFNEVORS SEAL Emu_BE CONSNEREO TO BE /// S TRUEY CSIEB. I / j.4� •THIS MAP WAS PREPARTe FROM AN ACTUAL FIELD SURVEY CONDUCTED ON THE DATE MEOWS MO THAT SAID SURVEY WAS PERFORMED IN /IIV'I T- � AOCOR6WCE WITH THE ECOTING'COVE OF PRACHCE FOR LANS EURVE'.• ADOPTED RY THE NEW YOI(BOOTS ASSOCIATION OF Link '� PROFEESIDNAL TIRO SURVEYORS. -- �% Land Surveyors p.c. E PREPARED FOR' PAUI.A KIRBY8 PETER MCWHINNIE vaNAF•a,Suns oo Nr.Ec,Ns_10MI RAMMEm•5BST D co13.2 DDPmiENTNua • Rw& R camouno. OEMS COCANAT a.RNDDAREIOSR ,v TIoiIABERW PRINWOUCTIOS SIT LAM. . O -N W W Q Town Board September 6, 2023 Attachment F (Cont'd) • QUITCLAIM DEED THIS INDENTURE made as of , BETWEEN the Town of Mamaroneck,with offices at 740 West Boston Post Road,Mamaroneck,NY 10543,the party of the first part,and Peter M.McWhinnie and Paula Kirby,both residing at 15 Edgemont Road,Larchmont,NY 10538, the party of the second part, NOW,THEREFORE,the party of the first part,in consideration of seven thousand five hundred and no/ths ($7,500.00) dollars paid by the party of the second part, does hereby remise, release and quitdaim unto the party of the second part,its successors and assigns forever,all of its interests to the real property described in Schedule "A" hereto without any representation as to the quality of the party of the first party's title thereto. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets roads abutting the premises described in Schedule"A" to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises granted herein to the party of the second part its successors and assigns forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to • receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part, acting through Meredith S. Robson, as Town Administrator of the Town of Mamaroneck has duly executed this deed as of the day and year written above. TOWN OF MAMARONECK By: Name:Meredith S.Robson Title: Town Administrator State of New York County of Westchester On before me,the undersigned personally appeared Meredith S.Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Town Administrator of the Town of Mamaroneck,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. • Notary Public