Loading...
HomeMy WebLinkAbout2023_07_26 Town Board Minutes o _ ��9_1_ Town of Mamaroneck // Town Board Minutes m Wednesday, July 26, 2023, Conference Room A, Second n Floor of Town Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: Abby Katz, Councilwoman ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr, Town Attorney 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilman King, seconded by Councilwoman Fiddelman, the meeting opened at 5:09 pm. Carried WORK SESSION ITEMS 1. Request for Executive Session Moved by Councilman King, seconded by Councilwoman Fiddelman, the Town Board agreed to enter into Executive Session to discuss the employment history of particular individuals. Carried Moved by Councilman King, seconded by Councilwoman Nichinsky, the Town Board unanimously agreed to resume the Work Session. Carried 2. Discussion and Possible Action - Update of the Procedures for Site Plan Approval Law (Out of Order) Mr. Ralph Engel, Chair of the Planning Board, thanked Town Attorney William Maker Jr. for bringing the need to update the procedures for site plan approval to the Board's attention. Mr. Engel then reviewed his proposed changes to the Procedures for Site Plan Approval Law with the Board. (See Attachment A.) Town Attorney Maker agreed to amend the law and incorporate Mr. Engel's suggestions into a proposed new Site Plan Law to be reviewed further. Town Board July 26, 2023 3. Discussion - 5G Wireless Telecommunications Law (Out of Order) Councilwoman Fiddelman asked Attorney Maker if he had reviewed the proposed law again with Mr. Hank Menkes and whether or not the FCC had made any changes. Councilwoman Fiddelman then detailed several suggestions and corrections to this proposed law which would replace 240-19-1. Attorney Maker agreed to review the proposed law with Mr. Menkes one more time before presenting it to the Board for approval. 4. Advice of Counsel (Topic Added) Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman the Board entered into Advice of Counsel. Carried Moved by Councilwoman Nichinsky, seconded by Councilman King, the Town Board unanimously agreed to resume the Work Session. Carried 5. Discussion and Possible Action - Authorization of Consultant Selection Town Comprehensive Drainage Evaluation Because this item requires action by the Board, this item was deferred to the meeting of August 16, 2023. 6. Discussion and Possible Action - Capital Budget Amendments Because this item requires action by the Board, this item was deferred to the meeting of August 16, 2023. 7. Discussion and Possible Action - Confirmation of Extension of Benefits for Section 8 Program Because this item requires action by the Board, this item was deferred to the meeting of August 16, 2023. 8. Updates Supervisor Elkind Eney provided an update on potential grant funding from the County, to be confirmed over the next few weeks. The Board discussed developing a policy for conduct at Work Sessions. The Board wanted to require that members of the public either sit or stand in the area or chairs provided for spectators. The Board also wanted to remind members of the public that they may not speak at a Work Session (unless invited to speak) and that they must follow the lead of the Town Supervisor who is conducting the meeting. The Board also agreed that members of the public cannot be intrusive, for example they may not bring in signs and may be asked to leave for exhibiting any threatening behavior. If a member of the public does not leave after being asked, then they may be escorted out. Attorney Maker reviewed a recent case in the City of Kingston with regard to signs at public meetings. The Second Circuit recently affirmed a district court conclusion that Plaintiffs who were rallying against a large, armored rescue vehicle had not adequately alleged that the City's sign prohibition was unreasonable in light of the potential disruption or distraction that signs might pose during the City's meeting. The Court deemed the meeting a "limited public forum". The Board discussed how all their Work Sessions and Regular Meetings are open to the public, so the Board suggested that on the agenda we add "All Work Sessions and Regular Meetings are Open to the Public". Town Board July 26, 2023 Lastly, Supervisor Elkind Eney requested that Attorney Maker draft a formal policy codifying the Town's longstanding policy of not naming buildings or fields after anyone in particular. 9. Westchester Joint Waterworks Intermunicipal Agreement (IMA) Attorney Maker explained that Town Comptroller Tracy Yogman had recently suggested a change to this contract which would address the return of unused funds. The Board discussed the suggestion. Attorney Maker agreed to update the verbiage in the proposed contract to include this change and then forward it to Administrator Robson. 10. Executive Session (Continuation of Item #1) Moved by Councilman King, seconded by Councilwoman Fiddelman, the Town Board agreed to enter into Executive Session to discuss the employment history of a particular person or persons. Carried Moved by Councilwoman Nichinsky, seconded by Councilman Fiddelman, the Town Board unanimously agreed to move out of Executive Session and close the meeting at 7:33 pm. Carried 11. Close of meeting at 7:33pm. NEXT REGULARLY SCHEDULED MEETING - August 16, 2023 Submitted by Allison May, Town Clerk Town Board July 26, 2023 Attachment A Site Plan Review DRAFT 3/30/23 §177-9 Presubmission conference. A Prior to the submission of a site plan application, the applicant and/or the applicant's authorized representative(s)shall meet,in person or virtually,wihwith a group consisting of some or all of the Town Building Inspector,-or the Town Director of Building Code Enforcement-and Land Use Administration the Town Engineer,the Town's Consulting Engineer,the Town Environmental Planner,the Attorney for the Planning Board,the Attorney for the Town,and any other Town employee(s) and/or outside consultants invited to the meeting.The purpose of such conference shall be to discuss proposed uses or development in order that the necessary subsequent steps may be undertaken with a clear understanding of the approving agency's requirements in matters relating to site development. [Amended 10-16-2002 by L.L.No.10-2002;1-20-2016 by L.L. No.1-2016] B. Because all parcels applicatiens for which site plan approval is sought must comply with this cehapter and chapter 240 of the Code,an any application for site plan approval for a parcel which requiresiequiring a variance or-special-permit must include a copy of the resolution adopted by the Zoning Board of Appeals granting show-that such variance,and an application which requires a special permit must include a copy of the resolution of the Planning Board granting such special permit and showing that it is still in effect,or be accompanied by a complete application for such es-special permit, submitted-to-the-approving, vim §177-10 Contents of application;filing. A. Within six months after of the presubmission conference; (see Section 177.9 A), the applicant or the applicant's authorized representative(s)shall file with the Town Building Department at least three(3)full-size copies,at least eleven(11)reduced-size(11"x 17")copies,and a copy in a digital format acceptable to the Town Engineer-of the application for site plan-approval,approval-shatl ,together with the applicable filing fee,-accompanied by a detailed development plan,prepared by a licensed architect or professional engineer,-engineer under his or her professional seal,provided on-a--certified based upon a current survey of the sitee, as it then exists.,which-shall-be prepared by a licensed surveyor,under his or her professional seal, together with a copy of a survey of the property,as it then exists,prepared by a licensed surveyor, under his or her professional seal,and by a copy of said survey on which the proposed project has been superimposed,-which plan shallchall contain at least the information specified below:The initial and all subsequent filings shall include not less than the above quantity of paper copies and a copy in digital format acceptable to the Town Engineer (1)A map showing the applicant's entire property and adjacent properties,including all improvements thereon,and streets,within a radius of 500 feet from the perimeter of the site,at a scale of not more than 50 feet to the inch jraad-any-relevant deed restrictions or covenants pursuant to the deed,lease, mortgage or any other document,if where such restrictions or covenants affect the use of the land, shall also be noted. A copy of the-deed evidencing-the present of ownership of the property shall be submitted.If the applicant for site plan approval is not the present owner of the property,then a letter shall be submitted by the owner of the property consenting to the application for site plan approval unless otherwise provided on the Application form. =1 US ACTNE\1234142561V•1 Town Board July 26, 2023 Attachment A (Cont'd) (2)The proposed use,location,height and design of all existing and proposed buildings and structures not designated for demolition or removal,including front elevations. (3) Any proposed division of buildings and structures. (4) Any proposed division of any building into units of separate occupancy. (5) The proposed spatial arrangement of land uses. (6) Existing topography and proposed grade elevations at intervals of two feet or less, unless otherwise determined by the Town Engineer,the Town Building Inspector or the Town Director of Building Code Enforcement and Land Use Administration., (7)The location of all existing watercourses,wetlands,designated fioodplains intermittent streams, wetland areas,rock outcropingrys,wooded areas and other significant existing features. (8) The general configuration of all existing and proposed public and private roads, drives and walkways. (9) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (10) The location of all parking and truck-loading/unioadnq areas,with access and egress drives thereto. (11) The location of traffic safety devices and directional flow of traffic. (12) The location of any outdoor storage. (13) The location and description of all existing and proposed site improvements,including,but not limited to,drainage pipes,drains,culverts,ditches,bridges and/or other drainage works,retaining wallss,and medians, dividers and fences. Drainage information shall be provided by a licensed professional engineer,furnished under his or her seal. (14) The location of all proposed and existing easements. (15) The location of any special and/or zoning district lines. (16) A description of the method of water supply as well as nd sewage and garbage disposal and the location of such facilities. (17) The location,height and size of all signs. (18) The location,height,quality and design of all landscaping and buffer areas. (19) The location,height and design of lighting,power and communication facilities. (20) Letters or permits from all other agencies having jurisdiction as to their comments on the site development plan,as well as a certification from the Town Building Inspector or the Town Director of Building Code Enforcement and Land Use Administration of the Town of-Mamafoeee4 that the =i US_ACTIVE11234142561V-1 Us_ACTIVE1123414256\V-1 Town Board July 26, 2023 Attachment A (Cont'd) proposed site plan or amendment meets all requirements of Chapter 240,Zoning,of the Code of the Town of Mamaroneck,or,if it fails to meet all such requirements,those variances which would be necessary in order for the applicant to obtain a building permit.-{Amended 10 16 2002 by L.L.No 10 2002:1 20-2016 by L.L.No.1 2016] (21) The location of fire and other emergency zones,including but not imited to the location of fire hydrants. (22) The location,height,design and direction of all exterior and rooftop structures and facilities, including but not limited to the placement of noise baffles and appropriate screening,provided that all are in accordance with the provisions of Chapter 240,Zoning,§240-56,of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable. (23) The proposed location and design of all parking and access facilities as are required for the handicapped pursuant to the New York State Uniform Fire Prevention and Building Code. (24) (25) Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter,as determined by the approving agency. B. If the site plan indicates a development in stages,a supplementary plan shall be submitted, simultaneously with the proposed site plan,indicating the total contemplated development. C. • ene-Year- B After approval of a complete site plan,subsequent applications for alterations which are referred to the approving agency by the Town Building Inspector,-or the Town Director of Building Code Enforcement and Land Use Administration and/or the Town Engineer,in accordance with§177-7C herein, need only contain documents and information which directly relate to the alteration under consideration.However,the alteration will be considered in relation to the entire site plan previously approved. 016 by L.L.No.1 2016] §177-12 Public hearing and action by Planning Board. A. Public hearing. (1) A public hearing on a site plan application shall be scheduled and opened eandueted by the Planning Board,unless such hearing has been waived pursuant to§177-12A(2),within 62 days after certification tyte the Planning Board, ,of its receipt of a properly completed application,and certification to the Planning Board by the Secretary to the Planning Board =1 US ACTiVE7123414256\V-1US_ACTIV0123414258W-1 Town Board July 26, 2023 Attachment A (Cont'd) or by another Town official,that the notification procedures contained in Chapter 144 of the Code have been complied with., • (2) The Planning Board,-may,in its discretion,may waive the hearing requirement after having made written findings setting forth why such waiver is not Inconsistent with the purpose of this chapter. (3) If the Planning Board fails to waive or to open seadeet a hearing relating to-the application within 62 days after certification,other than due to the lack of a quorum,the application shall be deemed to be approved. B. Action by Planning Board. (1) Within 62 days afters-ef the date on which rof the public hearing in connection with the application geld-after-the ' n is closed,nor,if wkece the hearing is waived, within 62 days after the Planning Board meeting at which the waiver was granted,the Planning Board shall act to either approve,disapprove or approve with conditions the site plan application and shall specify the-what conditions,if any,of such approval arc ncm/Jury. (2) Planning Board disapproval shall include written findings. (3) Approval of amendments to an approved site plan shall be acted upon in the same manner as an application for the approval of an original site plan.The fact that a hearing was held or that it was waived with respect to upon the original application does not predetermine how an amended site plan application is to be processed.Each application should be judged on its own merits and by its potential impacts, C---C. The applicant for approval of a site plan must comply with the notification procedures contained in chapter 144 of the Code. Famattert Normal, No bullets or numbering wiH e-netifisa •rted-in ter444 • Formatted:List Paragraph,Indent Left 0",First line: 0",Numbered+Level:1+Numbering Style:A.B,C,... +Start at 2+Alignment:Left+Aligned at 0.25"+ 177-14 Filing of approved site plan. Indent at 0.5" The approved site plan shall be revised bythe Formatted:Justified,Space After. 0 pt,line spacing: aHpli6aaapplicant or by the applicant's authorized Atleast12.75pt representative(s) to include all conditions imposed by the approving agency. It may then be signed and dated by the Town Engineer . The Secretary to the Planning Board shall submit a signed copy of the approved site plan,revised as set forth above,to the Town Engineer,the Town Building Inspector or the Town Director of Building Code Enforcement and Land Use Administration. =1 US_ACTIVE023414256\V-1US_ACTIVE\123414258\V-1