HomeMy WebLinkAbout2023_09_20 Town Board Minutes o
_ ��9_1_ Town of Mamaroneck
0 Town Board Minutes
m Wednesday, September 20, 2023, Courtroom, Second Floor
n of Town Center 5:00 PM
•
FOUNDED 1661
PRESENT: Jaine Elkind Eney, Town Supervisor
Abby Katz, Councilwoman
Sabrina Fiddelman, Councilwoman
Jeffery L. King, Councilman
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
Moved by Councilman King, seconded by Councilwoman Fiddelman, the meeting
unanimously opened at 5pm.
WORK SESSION ITEMS
1. Out of Order - 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 Councilwoman Fiddelman, seconded by Councilman King, the Town
Board unanimously agreed to resume the Work Session.
Carried
2. Discussion - Hommocks Rink Locker Room Intermunicipal Agreement
The Town Board discussed the revised intermunicipal agreement with the
Mamaroneck Union Free School District (MUFSD) for the use and maintenance of the
lockers at the Hommocks Park Ice Rink. Town Supervisor Elkind Eney noted that this
revised agreement had been approved by the MUFSD. The Town Board discussed
the pros and cons of the responsibility, ultimately acknowledging that the Town is
committed to repairing the lockers if they are damaged or worn out.
Town Board
September 20, 2023
3. Discussion - Acceptance of Donation to the Town of Mamaroneck - Quinn Cox
The Town Board discussed accepting the generous donation to the Town of $788.42
from Mr. Quinn Cook of the Boy Scouts of America.
4. Review - Declaration and Sale of Surplus Vehicles
The Town Administrator presented the attached list of outdated equipment to be
designated as surplus and sold, as prepared by Mr. Michael Pinto, Town Highway
Department. The Town Board discussed declaring these items as surplus and
authorizing their sale or disposal later at the Regular Meeting.
See Attachment A.
5. Discussion - Authorization of Consultant Selection Town Comprehensive
Drainage Evaluation
The Town Supervisor explained that the grant for the funding for the Comprehensive
Drainage Evaluation will be voted on soon by the Westchester County Board of
Legislators. The Board discussed whether or not to award the bid for the drainage
evaluation later tonight, but decided to wait until after the Town confirms that the
County Board of Legislators approves the grant funding.
6. Advice of Counsel
On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the
Town Board requested to enter into a closed session to receive Advice of
Counsel.
Carried
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the
Town Board returned to the Work Session.
Carried
7. Out of Order - Discussion - Town of Mamaroneck Tree Law
8. Discussion - Permit Renewal Package for Food Service Establishment Owners
and Operators - Meals on Wheels
9. Discussion - Permit Renewal Package for Food Service Establishment Owners
and Operators - Senior Nutrition Program
10. Discussion - Independent Geotechnical Engineer Review of Hommocks Field
Feasibility Study Recommendations
The Board discussed how Woodard & Curran had not done a full, in-depth
engineering review, rather it was more conceptual. After a consultation with Town
Engineer Robert Wasp, over the phone, the Board decided a full geotechnical
analysis should be made to provide more insights into the borings, as well as confirm
and flesh out the construction estimates. Supervisor Elkind Eney said that she would
write a letter to Heather Mahland/Fields for Kids to let them know. The Board all
agreed that with such a costly project, given what the Town knows about the
substrate, the Town Board would like to dig deeper.
11. Request for Executive Session — Moved to Item #1
12. Updates
Town Board
September 20, 2023
13. Additions to Regular Meeting Agenda
The Board removed item number four, the authorization for the drainage evaluation
study. The Board added onto the agenda: the appointment of two members of the
Zoning Board; the independent review of the Hommocks Fields; agreed to set a
Public Hearing for the proposed new Tree Law for October 4, 2023; and added a
salary authorization.
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
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at
8:25 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session
beginning at five o'clock this evening.
SUPERVISOR'S REPORT
Welcome to the September 20, 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.
HOPS Ribbon Cutting, I attended the Hommocks Outdoor Play Space Celebration on
Saturday, Sept. 9th. Hommocks students now have a very cool recess space, consisting of
a basketball court, obstacle course and fitness equipment. I'd like to thank Fields for Kids
and the Mamaroneck School District.
9.11 Ceremony: the Tri-Municipal ceremony, hosted by the Town went on as scheduled at
5pm on Sept. 11th despite very heavy rain. We moved the ceremony across the street
beneath the Murray Avenue Overpass. Over 100 people attended the memorial service
including Firefighters, Police Officers, Volunteer Ambulance Personnel, Scouts, Vets, Clergy,
Elected Officials and Residents.
Upcoming:
The Town Cleanup is scheduled for this Saturday, Sept. 23rd, from 10am to 12pm at
Hommocks Conservation Area. Please check the Town Website on Friday, September 22 as
the cleanup may have to be postponed/canceled due to expected inclement weather.
Volunteers are still needed. Please email sodierna@townofmamaroneckny.org to volunteer
or show up before 10am to register on-site. Students 12 and over are welcome to work
alone, younger children must be accompanied by a parent.
Free community cooking class to reduce food waste with renowned local chef, Adam Kaye
(formerly of Blue Hill) will be held on Wednesday evening, Sept. 27th at 7pm. This class is
sponsored by the Town's Sustainability Collaborative. You can register on Larchmont
Mamaroneck Center for Community Education's website: LMCCE.org
Food Truck Festival, taking place on Saturday, September 30th at Memorial Park from
12noon —4pm, featuring over a dozen food trucks, live bands, pumpkin patch, crafts. Free
parking and admission. Brought to you by the Town of Mamaroneck Fire Department and
Recreation Department.
For those who observe Yom Kippur, I would like to wish you an easy fast.
Town Board
September 20, 2023
PUBLIC HEARING(S)
1. Notice of Public Hearing - "Update in the Regulation of Wireless
Telecommunications Facilities"
The following Notice of Public Hearing is entered into the record as follows:
PUBLIC HEARING NOTICE
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of
the State of New York, a Public Hearing will be held on Wednesday, September 20,
2023, at 8:00 PM or as soon thereafter as is possible, to consider the "Update in the
Regulation of Wireless Telecommunications Facilities" Law, at the Town Center, 740
W. Boston Post Road, Mamaroneck, New York.
Purpose:
This law is being enacted because advances in technology require the Town to
update its law regarding wireless telecommunications facilities.
You may also view the meeting on local municipal access television (Cablevision 75,
76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/.
The full text of this document can be viewed on the Town's website,
https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's
Office at 914-381-7870, for a mailed copy.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published: September 13, 2023
Moved by Councilman King, seconded by Councilwoman Fiddelman, the Public
Hearing was unanimously opened.
Carried
Town Attorney William Maker Jr. explained that the Town really does not have much
control over this law, which sets forth the ground rules for installing these cell systems
throughout Town. The Town can avoid having a tower put in someone's back yard
and can recommend larger, more open spaces for these cell systems, but cannot do
much to thwart any cell system if it is placed on public property. Supervisor Elkind
Eney explained that the development of this update took a long time. The Supervisor
added further that the Town had an expert consult on this, and also sought input from
the planning Board. A lot of time and expertise went into the development of this
update to the Town code.
The Town Supervisor then asked if anyone in the audience or on the Town Board had
any questions or comments about the proposed update to this law. Councilwoman
Katz explained that with the roll out of 5G our residents may begin to see more of
these cell systems. Councilwoman Nichinsky thanked the Planning Board for their
input.
Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, the
Public Hearing was unanimously closed.
Carried
Town Board
September 20, 2023
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the
Local law was approved:
Local Law No. 8 - 2023
This local law shall be known as the "Update in the Regulation of Wireless
Telecommunications Facilities" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 — Purpose:
This law is being enacted because advances in technology require the Town to update
its law regarding wireless telecommunications facilities.
Section 2 — Replacement of a current section of the Mamaroneck Code:
Section 240-19.1 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 240-19.1 . Wireless telecommunications facilities.
A. Purpose.
The purpose of this section is to establish regulations for the location and design of
wireless telecommunications facilities that recognize the need to balance the
technical requirements of the wireless telecommunications industry with the Town's
desire to minimize the visual and other adverse effects of such facilities. This section
expresses a preference for locations on Town property, acknowledging the ability of
the Town to exert greater controls arising from ownership rights and a preference
for the collocation of new wireless telecommunications facilities on existing or
approved wireless telecommunications support structures that are located in
nonresidential areas.
Such regulations are intended to:
(1 ) Ensure that the placement, construction or modification of wireless
telecommunications facilities and related equipment are consistent with the
Town's land use and zoning code regulations to the extent permitted by law,
(2) Minimize the negative and adverse visual, acoustic, and aesthetic impacts of
wireless telecommunications facilities to the maximum extent practicable,
through creative design, siting, landscaping, screening, and innovative
camouflaging techniques,
(3) Assure a comprehensive review of environmental impacts of such facilities,
(4) Protect, to the extent the Town is allowed to do so without conflicting with
federal law, the health, safety, and welfare of the residents of the Town and
persons working in or visiting the Town from potential adverse impacts of
wireless telecommunications facilities,
(5) Allow for shared use (collocation) of wireless telecommunications facilities
when such use is the more aesthetically sensitive alternative,
(6) Establish fair and efficient processes for review and approval of development
applications,
(7) Preserve the visual character of established communities and the natural
beauty of the landscape,
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September 20, 2023
(8) Protect property values,
(9) Minimize the impact of wireless telecommunications facilities on residential
properties,
(10)Encourage the siting of wireless telecommunications facilities on properties
and areas, which are not zoned exclusively for residential purposes, and
(11) Minimize the number of structures placed near to each other in the rights-of-
way.
B. Definitions.
ASSOCIATED EQUIPMENT—Any equipment serving or being used in conjunction
with wireless telecommunications facilities including, but not limited to, utility or
transmission equipment, power supplies, generators, batteries, cables, equipment
buildings, cabinets and storage sheds, shelters, buildings, and similar structures,
and, when co-located on a structure, which is mounted or installed prior to, at the
same or at a subsequent time as an antenna.
ANTENNA — An apparatus designed for the purpose of emitting or receiving radio
frequency (RF) radiation, to be operated or operating from a fixed location, for the
provision of personal wireless service (whether on its own or with other types of
services). For purposes of this definition, the term "antenna" does not include a
mobile station or device authorized under Part 15 of Title 47 of the United States
Code.
BASE STATION — A structure or equipment at a fixed location that enables FCC
licensed or authorized wireless telecommunications between user equipment and a
telecommunications network.
(1 )The term includes, but is not limited to, equipment associated with wireless
telecommunications facilities such as but not limited to private, broadcast, and
public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
(2)The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies and comparable
equipment, regardless of technological configuration (including DAS and small
or macro cell equipment).
(3)The term includes but is not limited to any structure that supports or houses
equipment described in paragraphs (1) and (2) above that has been reviewed
and approved under the applicable zoning code or siting process, even if the
structure was not built for the sole or primary purpose of providing such support.
(4)The term does not include any structure that, at the time the relevant application
is filed with the Town under this section, does not support or house equipment
described in paragraphs (1) and (2) of this definition.
BUILDING INSPECTOR --- The Town's Building Inspector or its Director of Building
Code Enforcement and Land Use Administration
COLLOCATION— The mounting or installation of an antenna on an existing tower,
building or structure for the purpose of transmitting and/or receiving radio frequency
signals for telecommunications purposes, whether or not there is an existing
antenna on the structure.
DISTRIBUTED ANTENNA SYSTEM (DAS) — A network of spatially separated
antenna sites connected to a common source that provides wireless
telecommunications service within a geographic area or structure.
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September 20, 2023
DECOMMISSIONED --- A wireless telecommunications facility is decommissioned
when it is no longer being used to perform the services which it was built to provide.
EAF — The Environmental Assessment Form promulgated by the New York State
Department of Environmental Conservation.
FAA — The Federal Aviation Administration, or its duly designated and authorized
successor agency.
FCC — The Federal Communications Commission, or its duly designated and
authorized successor agency.
HEIGHT — When referring to a structure, the distance measured from the pre-
existing grade to the highest point on the structure, including the antenna(s) and any
other appurtenances.
MACRO WIRELESS TELECOMMUNICATIONS FACILITY — Any wireless
telecommunications facility that enables authorized wireless telecommunications
between user equipment and a telecommunications network that is not a Small
Wireless Telecommunications Facility.
MODIFICATION — The improvement, upgrade or expansion of existing wireless
telecommunications facilities or the improvement, upgrade or expansion of the
wireless telecommunications facilities located within an existing equipment
compound if the improvement, upgrade, expansion, or replacement does not
substantially change the physical dimensions of the wireless telecommunications
facilities.
MONOPOLE —A wireless telecommunications support structure which consists of
a single pole, designed, and erected on the ground or on top of a structure to support
one or more wireless telecommunications antennas and associated equipment.
NIER— Nonionizing electromagnetic radiation. A series of energy waves composed
of oscillating electric and magnetic fields traveling at the speed of light which
includes the spectrum of ultraviolet (UV), visible light, infrared (IR), microwave
(MW), radio frequency (RF), and extremely low frequencies (ELF).
PERMIT —A Wireless Facility Permit.
PERSONAL WIRELESS SERVICE FACILITY shall have the meaning given to it in
the Communications Act of 1934, as amended by the Telecommunications Act of
1996, 47 U.S.C. § 332(c)(7)(C), or any statute that may replace it.
PLANNING BOARD — The Town of Mamaroneck Planning Board.
PUBLIC RIGHT-OF-WAY ("ROW')—Any land over which the public possesses the
right to travel. The term "road" includes state, county and Town highways, roads,
streets, squares, places, courts, boulevards, parkways, sidewalks, and other ways,
however, designated, over which the public has access.
RELIABLE SERVICE — The transmission and reception of communications voice
and/or data by a wireless telecommunications facility that meets or exceeds a
wireless service provider's reasonable and generally accepted industry quality
metrics, including but not limited to, received signal strength or signal quality
measurements or calibrated predictions of such data throughput, call or session
performance objectives including, but not limited to, key performance indicators
such as lost calls, system blocking or lack of capacity.
REPLACEMENT — The replacement of existing wireless telecommunications
antenna on any existing support structure or on existing associated equipment for
maintenance, repair or technological advancement with equipment composed of the
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September 20, 2023
same wind loading and structural loading which does not substantially increase the
physical dimensions of any existing support structure.
SMALL WIRELESS TELECOMMUNICATIONS FACILITY — Any wireless
telecommunications facility that functions like cells in a mobile wireless network,
typically covering targeted indoor or localized outdoor areas ranging in size from
homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor
spaces including, but not limited to, DAS, microcells, picocells, and femtocells or
any name employed to identify a compact, low power base station and its
associated equipment that meets each of the following conditions:
(1) The structure on which antenna facilities are mounted:
(a) is fifty (50) feet or less in height, or
(b) is no more than ten percent (10%) taller than other adjacent structures, or
(b) is not extended to a height of more than ten percent (10%) above its
preexisting height as a result of the collocation of new antenna facilities;
(2) Each antenna (excluding associated antenna equipment) is no more than six
(6) cubic feet in volume;
(3) In the aggregate, the volume of all antenna equipment associated with the
facility (excluding antennas and back-up power and related back-up power
equipment) does not exceed twenty-eight (28) cubic feet;
(4) The facility does not require antenna structure registration under 47 CFR Part
17; and
(5) The facility does not result in human exposure to radio-frequency radiation in
excess of the applicable safety standards specified in Parts 1 and 2 of the
FCC's Rules and Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093] or
any FCC rule or regulation that replaces these regulations or add additional
safety standards.
SMALL WIRELESS PERMIT --- The permit issued by the Planning Board approving
a small wireless telecommunications facility.
STEALTH TECHNOLOGY — Camouflaging methods applied to wireless
telecommunications facilities, which render them more visually appealing, or which
serve to blend the proposed facility into the existing structure or visual backdrop, in
such a manner as to render it minimally visible to the casual observer. Such
methods include, but are not limited to, architecturally screened roof-mounted
facilities, building-mounted antennas painted to match the existing structure, and
facilities constructed to resemble trees, shrubs, light poles and the like.
STRAND —A cable or wire run between two utility poles, or between a utility pole
and a structure, or between two structures.
STRUCTURE — A pole, base station supporting hardware, commercial billboard,
street furniture or other building, whether or not it has an existing antenna facility,
that is used or to be used for the provision of personal wireless service (whether on
its own or commingled with other types of services).
STRUCTURALLY MOUNTED—The attachment of antennas to an existing building
or structure other than a monopole or tower having a location on the ground and
comprising a part of a wireless telecommunications facility. For purposes of this
chapter, the term "structurally mounted" shall include, in addition to the antennas,
all other components of the wireless telecommunications facility.
SUBSTANTIAL CHANGE — A modification substantially changes the physical
dimensions if it meets any of the following criteria:
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September 20, 2023
(1) The mounting of the proposed antenna on the wireless structure would
increase the existing height of the tower by more than 10%, or by the height of
one additional antenna array with separation from the nearest existing antenna
not to exceed twenty feet, whichever is greater;
(2) The mounting of the proposed antenna or small wireless telecommunications
facility would involve the installation of more than four (4) equipment cabinets
or more than one (1) new equipment shelter;
(3) The mounting of the proposed antenna or small wireless telecommunications
facility would involve adding an appurtenance to the body of an existing wireless
telecommunications support structure that would protrude from the edge of the
original support structure:
(i) more than twenty feet in the case of a macro wireless
telecommunications facility,
(ii) more than three feet in the case of a small wireless
telecommunications facility, and
(iii) in all cases more than the original width of the support
structure at the level of the appurtenance
It will not be considered a "substantial change" if the mounting of the proposed
antenna or small wireless telecommunications facility exceeds the limits herein
if it is necessary or appropriate to do so in order to shelter the antenna from
inclement weather or to provide stealth shielding for the antenna or small
wireless telecommunications facility;
(4) The mounting of the proposed antenna would involve excavation outside the
current existing structure site, defined as the current boundaries of the leased
or owned property surrounding the existing structure and any access or utility
easements currently related to the site;
(5) The modification defeats concealment and/or stealth elements of the support
structure;
(6) The modification does not comply with prior conditions of the approval for the
existing structure and/or site; provided, however, that this limitation does not
apply to any modification that is noncompliant only in a manner that would not
exceed the thresholds identified above; or
(7) The modification increases the square footage of the existing equipment
compound to an area greater than two thousand five hundred (2,500) square
feet.
TOWER — Any structure built for the sole or primary purpose of supporting FCC
licensed or authorized antennas, including the on-site fencing, equipment, switches,
wiring, cabling, power sources, shelters, or cabinets associated with that tower but
not installed as part of an antenna as defined herein.
TRANSMISSION OR WIRELESS TELECOMMUNICATIONS EQUIPMENT —
Equipment that facilitates transmission and reception for any FCC licensed or
authorized wireless telecommunications service, including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable and regular and back-up power
supply. The term includes equipment associated with wireless telecommunications
services, including, but not limited to, private, broadcast and public safety services,
as well as unlicensed wireless services and fixed wireless services, such as
microwave backhaul.
UTILITY POLE — A pole or similar structure that is used in whole or in part for the
purpose of carrying electric distribution lines or cables or wires for
telecommunications, cable, or electric service or for lighting, traffic control, signage,
or a similar function, regardless of ownership, including Town-owned poles or poles
owned by utility companies. Any utility pole in excess of fifty (50) feet in height shall
Town Board
September 20, 2023
be deemed a tower and not eligible as a location for small wireless
telecommunications facilities.
WIRELESS TELECOMMUNICATIONS EQUIPMENT --- Any equipment used in
connection with the commercial operation of wireless telecommunications services,
as defined herein, and as the term "personal wireless service facility" is defined in
the Communications Act of 1934, as amended by the Telecommunications Act of
1996, 47 U.S.C. § 332(c)(7)(C), or any statute that may replace it, to transmit and/or
receive frequencies, including but not limited to antennas, monopoles, towers and
related appurtenances.
WIRELESS TELECOMMUNICATIONS FACILITY —A structure, facility or location
designed or intended to be used as or used to support antennas, along with any
antennas located on such structure, facility or location and any associated
equipment. It includes but is not limited to, monopoles, lattice towers, DAS, microcell
or small wireless facilities on utility poles or strand mounted in the public right-of-
way or property of the Town or within the Town and similar structures that employ
stealth technology, including, but not limited to, structures such as a multistory
building, church steeple, silo, water tower, sign or other similar structures intended
to mitigate the visual impact of an antenna or the functional equivalent of such. It
includes any structure, antennas and associated equipment intended for
transmitting and/or receiving radio, television, cellular, paging, 911 , personal
telecommunications services, commercial satellite services, microwave
telecommunications or other cellular telecommunications technologies, but
excluding those used exclusively for the Town's fire, police, ambulance, and other
dispatch telecommunications or exclusively for private radio and television reception
and private citizen's bands, amateur radio and other similar telecommunications.
WIRELESS TELECOMMUNICATIONS PROVIDER —An FCC licensed service
provider offering wireless telecommunications to deliver such telecommunications
services. These services may include, but are not limited to, voice, data, or video in
either licensed or un-licensed spectrum. An enterprise business offering to host
licensed or unlicensed service providers by deploying small cell technology such as,
but not limited to, DAS and similar small cells.
Any term contained in this section that is not defined above but is defined by the FCC
shall have the meaning ascribed to it by the FCC.
C. Permissible locations for wireless telecommunications facilities.
Provided it complies with the requirements of this section:
(A) (1) A macro wireless telecommunications facility may be located only in the
following zoning districts of the Town:
B-R
LI
UR
SBR
B-MUB and
R
but not (i) on a property designated by the Town as historic, or (ii) on a property
listed on the New York State Register or the National Register of Historic Places or
in a neighborhood that has been designated as historic by the Town, the State of
New York, the County of Westchester or the federal government or (iii) on those
properties that are owned or leased by the Town but are not listed in section 240-
19.1 (H).
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September 20, 2023
(2) A small wireless telecommunications facility may be located only in any of the
districts where a macro wireless telecommunications facility may be located and in
the ROWs of the Town.
(3) In addition to the areas specified in section 240-19.1 C (A) (1) and C (A) (2), a
macro wireless telecommunications facility or a small wireless telecommunications
facility may be located on the Town-owned properties listed in section 240-19.1 (H)
if permission therefor is granted by the Town Board.
(B) Neither type of wireless telecommunications facility shall be permitted in any
area within the unincorporated area of the Town other than the areas specified in
section 240-19.1 (A) (1), (2) or (3).
D. Requirements for the installation, alteration, expansion, or replacement of a
wireless telecommunications facility whether on private property or Town-
owned property.
Except as otherwise provided in this section, no person shall be permitted to
construct, install, or prepare a site for the installation of a wireless
telecommunications facility or alter, expand, or replace an existing wireless
telecommunications facility without first obtaining:
(i) site plan approval and a special permit from the Planning Board,
followed by a Building Permit issued by the Building Inspector, or
(ii) in the case of a macro wireless telecommunications facility to be
located on a Town-owned property, approval of the application by the
Town Board, followed by a Building Permit issued by the Building
Inspector.
Special permits issued by the Planning Board for any wireless telecommunications
facility shall not be subject to the limits on duration contained in section 240-64 of the
Code.
E. Application for all types of wireless telecommunications facilities.
(1) An application for the construction or installation of a new wireless
telecommunications facility or a substantial change to an existing wireless
telecommunications facility, whether a small wireless telecommunications
facility or a macro wireless telecommunications facility, shall contain the
following information:
(a) A descriptive statement of the applicant's or operator's objectives, and
whether the applicant seeks to satisfy a need, such as improved coverage
and/or capacity requirements,
(b) Documentation that demonstrates the need for the wireless
telecommunications facility to provide service primarily and essentially
within the Town. Such documentation shall include, but not be limited to: (i)
information relating to all other wireless telecommunications facilities and
antennas associated with such wireless telecommunications facilities that
are to be deployed in the Town in conjunction with the proposed wireless
facility; and (ii) propagation and/or capacity studies of the proposed site
including, but not limited to, both drive test and calibrated predictive
coverage plots, and all adjoining planned, proposed, in-service or existing
sites that demonstrate a significant area of less than reliable service in
coverage and/or capacity, including an analysis of current and projected
usage and a copy of the search ring within which a new wireless
telecommunications facility is proposed to be located,
(c) The name, postal address, email address and phone number of the person
preparing the report,
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September 20, 2023
(d) The name, postal address, email address and phone number of the property
owner, operator, and applicant,
(e) The postal address and Tax Map Section, Block and Lot of the property, or
the postal address and Tax Map Section, Block and Lot of the closest
property if the wireless telecommunication facility is proposed to be located
in a right of way,
(e) The zoning district in which the property is situated,
(f) The size of the property, stated both in square feet and lot line dimensions
and a survey prepared by a licensed professional surveyor showing the
location of all lot lines (an application to use a ROW does not have to supply
this information),
(g) The lot line of the nearest residential structure if such lot line is 1 ,200 feet or
less from the property which is the subject of the application,
(h) The location, size and height of all existing and proposed structures on the
property, which is the subject of the application,
(i) The type, locations and dimensions of all proposed and existing
landscaping and fencing,
(j) The number, type, and model of the antenna(s) and if the proposed wireless
telecommunications facility is a small cell installation, the small cell
equipment proposed,
(k) A description of the utility pole, monopole, or other structure on which any
antenna or associated equipment for a wireless telecommunications facility
is to be located and a design plan stating the structure's capacity to
accommodate multiple users,
(I) A site plan describing any new proposed structure and antenna(s) and all
related fixtures, associated equipment, appurtenances, and apparatus,
including, but not limited to, height above pre-existing grade, materials, color
and lighting,
(m)The frequency band, modulation, and class of service of radio or other
transmitting equipment,
(n) The actual intended transmission power stated as the maximum effective
radiated power (ERP) in watts of the antenna(s),
(o) Direction of maximum lobes and associated radiation of the antenna(s),
(p) Documentation justifying the total height of any proposed antenna and
structure and the basis, therefore. Such justification shall be to provide
service within the Town, to the extent practicable, unless good cause is
shown,
(q) Certification that NIER levels at the proposed site will be and remain within
the threshold levels adopted by the FCC and the State of New York,
(r) A statement signed by an engineer licensed by the State of New York that
the analysis of site RF compliance for the proposed installation is consistent
with applicable FCC regulations, additional guidelines issued by the FCC
and industry practice and in clear compliance with FCC regulations
concerning RF exposure,
(s) A copy of the FCC license applicable for the intended use of the wireless
telecommunications facility,
(t) Certification that a topographic and geomorphologic study and analysis has
been conducted and that the proposed drainage plan is adequate to assure
the stability of the proposed wireless telecommunications facility on the
property, which is the subject of the application,
(u) Certification that if the proposed wireless telecommunications facility will be
a small cell or DAS that each unit/installation will not exceed fifty-five (55)
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September 20, 2023
dBA of acoustic noise, measured five (5) feet from the unit in any direction,
or violate any applicable noise regulation,
(v) Visual EAF with visual addendum,
(w)Written certification by an engineer licensed by the State of New York that
the wireless telecommunications facility and support structures and
attachments are designed and will be constructed to meet all local, county,
state, and federal structural requirements for loads, including wind and ice
loads,
(x) Proof that the wireless telecommunications facility or expansion of an
existing facility is not proposed to be located within the front yard setback
area or closer to the front property line than the setback of the existing
principal building, whichever is more restrictive,
(y) A statement by the applicant with supporting citation of law or regulation
indicating the time within which the applicant maintains that its application
must be decided. While the time periods established by federal regulations
or statute may be considered a reasonable period of time for determining an
application and the Planning Board and the Town Board, as the case may
be, will use their best efforts to decide applications within such periods,
circumstances may make it necessary to extend the date for a determination
beyond the relevant time period.
(2) In addition to the requirements of section 240-19.1 (E), an application for
collocation whether for a small wireless facility or a macro wireless facility, shall
contain the following proof:
(a) The existing wireless telecommunications support structure has been granted all
necessary approvals by the appropriate approving authorities;
(b) The proposed collocation shall not substantially increase the existing wireless
support structure; and
(c) The proposed collocation complies with the final approval of the wireless
telecommunications support structure and all conditions attached thereto and either
does not create a condition for which a variance would be required or for which relief
would be required pursuant to any other applicable law, rule, or regulation or that a
variance or other required relief has been obtained.
(3) For the purpose of starting the time period within which a decision on the
application must be made, the application shall be deemed submitted when the
Town Engineer determines that the application is complete. The Town Engineer
shall notify the applicant of his/her determination of completeness within 10
business days after (i) the application is filed with the Building Department or (ii) any
additional documentation or information is filed in response to the Town Engineer's
determination that the application is not complete.
(4) The Planning Board, the Town Board and if a variance is required, the Board of
Appeals may refer the application before it to any of the Town's other departments,
officials, boards, or commissions.
(5) (a) Before a building permit is issued, the applicant shall post a bond or a letter
of credit that will remain in effect until cancelled, in favor of the Town in an
amount sufficient to secure the removal of the wireless telecommunications
facility when it is decommissioned. The amount of such bond shall be
determined by the Planning Board in the case of parcels situated in the B-R,
SBR, UR and R zoning districts or the Town Board in the case of a wireless
telecommunications facility located on Town-owned property. The bond or
letter of credit shall be issued by a surety or institution with assets sufficient to
assure that it will be capable of satisfying its obligation and be in a form
approved by the attorney for the Town.
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September 20, 2023
(b) Upon notice to the applicant or the person in control of the wireless
telecommunications facility, the Planning Board in the case of parcels situated
in the B-R, SBR, UR and R zoning districts or by the Town Board in the case
of a wireless telecommunications facility located on Town-owned property may
require that the surety or institution be changed or may increase the amount of
the bond or letter of credit if it is determined that the surety or institution no
longer has assets sufficient to assure that it will be capable of satisfying its
obligation or that the amount of the existing bond or letter of credit is inadequate
to secure the removal of the wireless telecommunications facility when it is
decommissioned.
(c) If the bond lapses or the letter of credit is canceled, the Planning Board in
the case of parcels situated in the B-R, SBR, UR and R zoning districts or the
Town Board in the case of a wireless telecommunications facility located on
Town-owned property, after conducting a hearing done on notice to the
applicant or the person in control of the wireless telecommunications facility,
will have the right to revoke permission for the wireless telecommunications
facility. Revocation of permission shall be deemed a decommissioning of the
wireless telecommunications facility.
(6) (a) The Planning Board or the Town Board, upon advice from the Town of
Mamaroneck's insurance carrier, shall determine the amount of insurance
coverage against liability for personal injury, death or property damage that
must be maintained while the wireless telecommunications facility is being
constructed, after it is installed and until it is removed. Such insurance shall be
issued by an insurance company with an AM Best Rating of A+, shall name the
Town as an additional insured and must provide that the underwriter notify the
Town if the policy expires. Such liability insurance must be maintained
throughout the existence of the wireless telecommunications facility. Before a
building permit is issued, a copy of such a policy must be delivered to the
Building Department.
(b) When such policy is renewed or replaced, a copy of the renewed or
replacement policy shall be delivered to the Building Department within thirty
(30) days of its issuance. If the insurance policy lapses or does not provide the
required coverage, the Planning Board in the case of parcels situated in the B-
R, SBR, UR and R zoning districts or the Town Board in the case of a wireless
telecommunications facility located on Town-owned property, after conducting
a hearing done on notice to the applicant or the person in control of the wireless
telecommunications facility, will have the right to revoke permission for the
wireless telecommunications facility. Revocation of permission shall be
deemed a decommissioning of the wireless telecommunications facility.
F. Provisions applicable to macro wireless telecommunications facilities
only.
In addition to complying with the other requirements of this section, a macro
wireless telecommunications facility shall meet the following standards and contain
the
following submissions:
(1) Ground-mounted equipment associated with macro wireless
telecommunications facilities shall be limited to a height of twelve (12) feet
above the existing grade and shall be no closer to side or rear property lines
than the minimum setbacks applicable to accessory structures within the zone
or one (1) foot in those districts where there are no minimum setbacks.
(2) Support structures for macro wireless telecommunications facilities other than
existing buildings or structures shall be set back from the closest property line
a distance equal to at least one hundred and twenty percent (120%) of the
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September 20, 2023
height of the composite support structure and attached antennas measured
from the highest point of the composite facility to the existing ground level at
the base of the facility.
(3) No signs shall be permitted, except for signs two square feet or less in areas
that display the name, address, and telephone number of the owner of the
facility, safety warnings or instructions, and information regarding the
equipment on site. Height shall be measured from ground level to the highest
point on the wireless telecommunications facility, or if higher, the highest point
on any extension to an existing supporting structure required to support the
wireless telecommunications facility.
(4) A macro wireless telecommunications facility shall be no higher than the
minimum height necessary to achieve its purpose and under all circumstances,
no more than one hundred twenty-five feet in height.
(5) The applicant for a macro wireless telecommunications facility shall submit a
list of eligible locations within the applicant's search area and has ranked the
locations in accordance with the priorities in section 240-19.1 G (7)
(6) Wind and ice. All macro wireless telecommunications facilities structures shall
be designed to withstand the effects of wind gusts and ice to the standard
designed by the American National Standards Institute as prepared by the
engineering departments of the Electronics Industry Association and
Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(7) Aviation safety. All macro wireless telecommunications facilities shall comply
with all federal and state laws and regulations concerning aviation safety,
including but not limited to, the regulations of the FAA.
(8) Public safety communications. All macro wireless telecommunications facilities
shall not interfere with public safety communications, or the reception of
broadband, television, radio or other communications services enjoyed by
occupants of nearby properties.
(9) Radio frequency emissions. A macro wireless telecommunications facility shall
not, by itself or in conjunction with other wireless telecommunications facilities,
generate radio frequency emissions in excess of the standards and regulations
of the FCC, including, but not limited to, the FCC Office of Engineering
Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines
for Human Exposure to Radio Frequency Electromagnetic Fields," as
amended.
If such policy lapses, the Planning Board, or the Town Board, after conducting a
hearing on notice to the applicant, will have the right to revoke permission for
the macro wireless telecommunications facility.
G. Provisions applicable to small wireless telecommunications facilities only.
(1) Design. All small wireless telecommunications facilities shall be designed,
constructed, operated, maintained, repaired, modified, and removed in strict
compliance with all current applicable technical, safety and safety related
codes, including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety Code, and
National Electrical Code. All small wireless facilities shall, at all times, be kept
and maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the life of any
person or any property. In addition to the provisions listed in this section, all
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September 20, 2023
small wireless telecommunications facilities shall be designed to comply with
the following requirements:
(a) All equipment shall be the smallest and least visibly intrusive equipment
feasible.
(b) Small wireless telecommunications facilities and associated equipment shall
be treated to match the supporting structure and may be required to be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(c) Pole and strand mounted small wireless telecommunications facilities shall
be a minimum of two hundred fifty (250) feet apart radially. They shall be
located in line with trees, existing streetlights, utility poles and other street
furniture when possible.
(d) No more than two (2) small wireless telecommunications facilities with
associated antennas shall be mounted to a freestanding pole or structure
(e) Small wireless telecommunications facilities and any associated equipment
in the public right-of-way shall be located so as not to cause any physical or
visual obstruction to pedestrian or vehicular traffic or bicyclists or to otherwise
create safety hazards to pedestrians, motorists, bicyclists or residents or
occupants of buildings, or to otherwise cause inconvenience to the public's
use of the public right-of-way.
(f) To the extent feasible, associated equipment shall be placed underground.
Mounted associated equipment that cannot be placed underground shall be
screened from surrounding views to the fullest extent possible, through the
use of landscaping or other decorative features. Ground-mounted associated
equipment shall be screened, when possible, by utilizing existing structures.
If screening by utilizing existing structures is not possible, ground mounted
associated equipment shall be made architecturally and aesthetically
compatible with the surrounding area through the use of coatings,
landscaping, and/or screening walls, enclosures, or other stealth technology.
(g) Electrical meter cabinets, if required, shall the screened to blend in with the
surrounding area.
(h) Associated equipment attached to a small wireless telecommunications
facility support structure shall have such vertical clearance as the Planning
Board or in the case of a variance, the Board of Appeals may determine, and
an applicable utility company may require.
(2) Wind and ice. All small wireless telecommunications facilities structures shall
be designed to withstand the effects of wind gusts and ice to the standard
designed by the American National Standards Institute as prepared by the
engineering departments of the Electronics Industry Association and
Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(3) Aviation safety. Small wireless facilities shall comply with all federal and state
laws and regulations concerning aviation safety, including but not limited to,
the regulations of the FAA.
(4) Public safety communications. Small wireless telecommunications facilities
shall not interfere with public safety communications, or the reception of
broadband, television, radio or other communications services enjoyed by
occupants of nearby properties.
(5) Radio frequency emissions. A small wireless telecommunications facility
shall not, by itself or in conjunction with other wireless telecommunications
facilities, generate radio frequency emissions in excess of the standards and
regulations of the FCC, including, but not limited to, the FCC Office of
Engineering Technology Bulletin 65, entitled "Evaluating Compliance with
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September 20, 2023
FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields," as amended.
(6) Small wireless telecommunications facilities shall be no higher than the
minimum height necessary. The proposed height, which may be in excess
of the maximum height permitted for other structures in the applicable zone,
shall address any additional height necessary to accommodate collocation
by additional antenna arrays or small cells, but under no circumstances is
the height to be in excess of what is permitted for small wireless
telecommunications facilities.
(7) Visibility
(a) A small wireless telecommunications facility shall be sited so as to have the
least-adverse visual effect on the environment and its character, on existing
vegetation and on the residents in the area of the site.
(b) Both the small wireless telecommunications facility and any and all
associated equipment shall maximize the use of building materials, colors
and textures designed that blend with the structure to which it may be
affixed and/or harmonize with the natural surroundings.
(c) Small wireless telecommunications facilities shall not be artificially lit or
marked, except as required by law. If lighting is required, the applicant shall
present a photometric analysis that shows that the applicant will use best
practices for mitigating the impact of lighting.
(d) Where deemed appropriate by the Planning Board, electrical and land-
based telephone or fiber lines extended to serve the small wireless
telecommunications facility sites shall be installed underground.
(e) Stealth technologies shall be employed in an effort to blend into the
surrounding environment and minimize aesthetic impact.
(f) Landscaping shall be provided, where appropriate.
(8) Small wireless telecommunications facilities and any associated equipment in
the public right-of-way shall also comply with the procedures and requirements
set forth in chapter 187 of the Town Code relating to construction activities
within the public right-of-way. To the extent any provisions in section 187 are
inconsistent with the provisions set forth in this section, the provisions in this
section shall control.
(9) Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a) Small wireless telecommunications facilities shall be fully automated and
not require in-person attendance on a daily basis and shall be visited only
for maintenance, replacement or emergency repair.
(b) Such maintenance shall be performed to ensure the upkeep of the facility
in order to maintain an acceptable appearance and promote the safety and
security of the Town.
(c) All maintenance activities shall utilize the best available technology for
preventing failures and accidents.
(d) Any graffiti on any small wireless telecommunications facility support
structure or any associated equipment shall be removed at the sole
expense of the owner within ten (10) days upon notification by the Town.
(10) Priorities.
A. The locations listed (a) through (f) below are the locations for small wireless
telecommunications facilities within the Town listed in the order of preferred
locations with (a) being the most desirable location and (f) being the least
desirable location. Applicants for small wireless communication facilities shall
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September 20, 2023
categorize the site that they propose according to the following priorities or shall
advise that the proposed site does not fall into any of the categories.
(a) Collocation on existing utility poles, monopoles, or other small wireless
telecommunications facility support structures on lands owned or controlled
by the Town,
(b) Collocation on a site with existing small wireless telecommunications
facilities or other wireless telecommunications facility structures in the
Town,
(c) On the Town-owned properties listed in section 240-19.1 H (1),
(d) On lands owned or controlled by other municipal corporations within the
Town, to the extent permitted by such other municipal corporation,
(e) On nonresidential zoned properties, and
(f) Within public rights of way.
(B) If the proposed site is not in the most preferred category, the applicant must
supply a detailed explanation as to why a site in a more preferred category was not
selected. The applicant also must satisfactorily demonstrate why approval should
be granted for the proposed site and the hardship that would be incurred if the
application were not approved. Stating that the proposed site has already been
leased or purchased is not a satisfactory demonstration of why approval should be
granted for the proposed site.
(C) If collocation is not proposed, the applicant must provide a compelling reason
why collocation is not being proposed.
(D) Notwithstanding the above, the Planning Board may approve a less preferred
site if it finds that the proposed site will further the purposes of this section, is in the
best interest of the safety, public welfare, character and environment of the Town
and will not have a deleterious effect on the nature and character of the community
and surrounding properties.
H. Application when a wireless telecommunications facility is proposed for
Town property_
(1) New wireless telecommunications facilities and the collocation of such facilities
shall be permitted only on the following properties owned by the Town:
The Weaver Street firehouse
The Maxwell Avenue site
The Town owned building in Memorial Park
Town owned parking lots
Public rights-of-way
The Ambulance Building on Weaver Street
The Hommocks Ice Rink
The Town Center
The Senior Center and
The Sheldrake Environmental Center
(2) This section shall not be construed so as to create a right or entitlement to use
Town property for a wireless telecommunications facility.
(3) Applications for a wireless telecommunications facility to be located upon
Town-owned property must satisfy the same requirements and undergo the
same type of review as a wireless telecommunications facility located on
privately owned property must satisfy and undergo.
(4) (a) Before the Building Inspector can issue a small wireless permit for a small
wireless telecommunications facility or pole to be installed within the public right-of-
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September 20, 2023
way, a right of way agreement between the person or entity that will operate the
small wireless telecommunications facility and the Town must be executed by both
parties.
(b) The term of the right of way agreement shall not exceed fifteen (15) years,
shall contain the conditions imposed by the Town Board when it approved the
wireless telecommunications facility and require, among other things, that the
operator maintain liability insurance with coverage for an amount that is reasonable
under the circumstances. A form right of way agreement shall be maintained by the
Building Department.
(5) In addition to other fees that may be imposed pursuant to this section every
wireless telecommunications facility located in a right-of-way shall pay an annual
fee for the use and occupancy of the right-of-way.
I. Provisions applicable to applications for both macro wireless
telecommunications facilities and small wireless telecommunications
facilities
(1) All proposed wireless telecommunications facilities (a) shall be sited so as to
minimize visual intrusion as much as possible given the facts and
circumstances involved with the proposed site and facility, (b) where
appropriate, will employ stealth technologies as directed by the applicable
municipal board (Town Board, Planning Board or Board of Appeals), and (c)
will be designed, engineered and constructed so as to have the least-adverse
visual and sonic effect on the environment, the character of the community and
surrounding properties.
(2) The Town Board, the Planning Board or the Board of Appeals may retain outside
consultants, including, but not limited to, radio frequency engineers and other
wireless telecommunications consultants to assist it in reviewing an application
made pursuant to this section., The Board may require an applicant to
establish, fund and replenish an escrow account to pay the fees and related
costs incurred by the Board for outside consultants The outside consultant(s)
will conduct an independent investigation and analysis of all applicable data
relating to existing and proposed wireless telecommunications facilities,
including whether there exists a considerable area(s) of less than reliable
service in coverage and/or capacity and whether the proposed wireless
telecommunications facility will improve service in the area(s) of less than
reliable service. The outside consultant(s) also shall conduct an independent
review and assessment of alternate sites and other technologies that may
improve service in the area(s) of less reliable service and have a less intrusive
impact upon the neighborhood than the site and/or the technology proposed by
the applicant.
(3) A wireless telecommunication facility shall be removed within one hundred
(180) days of being decommissioned by the person in control of that facility
when the facility is decommissioned. The property upon which the facility was
constructed must be left in a safe condition when the removal is completed
J. Exemptions.
(1) The following actions shall not require site plan approval, a special permit, or a small
wireless permit:
(a) a change in the dimensions of a wireless telecommunications facility if such
change is not substantial.
Town Board
September 20, 2023
(b) a modification to, or the replacement of, an existing wireless telecommunications
facility that does not substantially change the existing wireless
telecommunications facility.
(c) the repair and/or maintenance of an existing wireless telecommunications
facility.
(d) collocation; provided (a) the existing tower, building or structure to which the
proposed antennae are to be mounted or installed has been granted all
necessary approvals by the appropriate approving authorities, (b) was designed
to receive the proposed collocation, (c)will not substantially increase the existing
wireless support structure and (d) complies with the special permit and site plan
approval (in the case of a macro wireless telecommunications facility) or the
small wireless permit (in the case of a small wireless telecommunications facility)
and all conditions attached thereto and would not create a condition for which a
variance would be required or for which relief would be required pursuant to any
other applicable law, rule or regulation.
(e) installation of a personal wireless telecommunications device designed for in-
home or in-office use that either provides telecommunications or to boost an
existing signal for telecommunications; provided that there are no installations
outside the walls of the building in which the device is installed and that such
device(s) shall be FCC approved to not interfere with public safety
communications or the reception of broadband, television, radio or other
communications services enjoyed by occupants of nearby properties .
(2) Chapter 75 of the Code shall not apply to the alteration, expansion, replacement
construction, installation, or the preparation of a site for any of the foregoing
activities of a wireless telecommunications facility.
(3) Chapter 114 of the Code shall not apply to applications for site plan approval or
for a special permit for a wireless telecommunications facility.
Section 3 —Amendment of a current section of the Mamaroneck Code:
Section 240-30 of the Code of the Town of Mamaroneck is amended to add the
following to
paragraph B thereof:
B. Special permit uses, subject to conformance to additional standards as provided
herein and in
Article IX (§§ 240-60 to 240-65)
(9) wireless telecommunications facilities
Section 4 —Amendment of a current section of the Mamaroneck Code:
Section 240-31 of the Code of the Town of Mamaroneck is amended to add the
following to
paragraph B thereof:
B. Special uses.
(10) wireless telecommunications facilities
Section 5 —Amendment of a current section of the Mamaroneck Code:
Town Board
September 20, 2023
Section 240-21.1 of the Code of the Town of Mamaroneck is amended to delete the
current paragraph B (3) and replace it with the following:
B. Special permit uses; requirements.
(3) wireless telecommunications facilities
Section 6 —Amendment of a current section of the Mamaroneck Code:
Section 240-32 (A) of the Code of the Town of Mamaroneck is amended to delete
paragraph (6) and section 240-32 (B) of the Code of the Town of Mamaroneck is
amended toad the following:
B. Special uses
(2) wireless telecommunications facilities
Section 7 — Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by
any court of competent jurisdiction, such declaration of unconstitutionality or invalidity
shall not affect any other provisions of this Local Law, which may be implemented
without the invalid or unconstitutional provisions.
Section 8 — Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
Carried
RESIDENT COMMENTS
Marianne Hardart spoke on behalf of the Larchmont Gardens Civic Association. Ms. Hardart
thanked the Town for the clean-up of invasives around the duck pond and on the brook, the
painting of lampposts, the completion of the sidewalk on Weaver Street, and the stump
removals along the Brook. Ms. Hardart then asked for an update on the Larchmont Gardens
Arches. Administrator Robson responded that a pre-construction meeting will be held for the
project tomorrow, then there would most likely be two months of work.
Ms. Hardart then mentioned the graffiti on the Rockland Avenue Bridge over the 1-95
thruway. Administrator Robson reminded Ms. Hardart that the Rockland Avenue Bridge is
not part of the Town's jurisdiction, but that she had good success calling the Department of
Transportation (DOT). The Administrator said that she would call the DOT again about the
Rockland Avenue Bridge. Ms. Hardart asked if citizens could call the DOT as well, but
Administrator Robson was not sure.
Ms. Hardart thanked the Board for the Town installing their portion of the Hickory Grove
Drive East sidewalk. It was noted that the remaining section in need of sidewalk is owned by
the Village. Next Ms. Hardart asked for an update on the East Valley Stream Road Bridge.
Administrator Robson said that the Town's contractor is awaiting supplies, and once those
items are delivered work will begin. The Town is expecting construction to start soon.
Lastly, Ms. Hardart asked about an update on the work in the Basin. The Town Administrator
stated that the Town has prepared the Request for Proposal for a consultant to start with a
review of the forebay. Funding for the project is included in the Town's 2025 Capital Plan.
Administrator Robson noted that the consultant review will inform the larger project which will
includes an in-depth look into the water and debris flowing from up County.
Town Board
September 20, 2023
BOARD OF FIRE COMMISSIONERS
1. Call to Order
Commissioner Elkind Eney called the Meeting to order, then on motion of
Commissioner Fiddelman and seconded by Commissioner Katz the Board of Fire
Commissioners was unanimously declared open.
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 Katz, it was
RESOLVED that the Board of Fire Commissioners hereby approves the
attached list of fire claims.
See Attachment B.
Carried
3. Other Fire Department Business
There being no further business to come before the Fire Commission, on motion of
Commissioner King, Seconded by Commissioner Nichinsky, the Commission
unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization - Hommocks Rink Locker Room Intermunicipal Agreement
Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was
RESOLVED that the Town Board hereby approves the intermunicipal agreement
with the Mamaroneck Union Free School District for the use and maintenance of
the lockers at the Hommocks Park Ice Rink and hereby authorizes the
agreement and any related documents necessary to carry out its
implementation.
Carried
2. Authorization - Acceptance of Donation to the Town of Mamaroneck - Quinn
Cox
Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was
RESOLVED that the Town Board hereby accepts the generous donation of
$788.42 from Quinn Cook of the Boy Scouts of America to the Town of
Mamaroneck to be used as unrestricted funds.
Carried
Town Board
September 20, 2023
3. Authorization - Declaration and Sale of Surplus Vehicles
Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was
RESOLVED that the Town Board hereby approves the designation of these
vehicles as surplus and authorizes their sale or disposal.
Carried
4. Discussion - Permit Renewal Package for Food Service Establishment Owners
and Operators - Meals on Wheels
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz,
BE IT RESOLVED that the Town Board of the Town of Mamaroneck with Offices
at 740 West Boston Post Road.
Hereby authorized Town Administrator, Meredith S. Robson:
To execute and deliver to Westchester County Department of Health, for and on
behalf of said Corporation, and application for: Meals on Wheels - Town of
Mamaroneck/Village of Mamaroneck/Village of Larchmont, and further,
To execute and deliver any and all additional documents which may be
appropriate or desirable in Connection therewith.
The undersigned further certifies that said resolution has not been revoked,
rescinded, or modified and remains in full force and effect on the date hereof.
Carried
5. Authorization - Permit Renewal Package for Food Service Establishment
Owners and Operators - Senior Nutrition Program
Moved by Councilman King, seconded by Councilwoman Nichinsky,
BE IT RESOLVED that the Town Board of the Town of Mamaroneck with Offices
at 1288 Boston Post Road, Larchmont NY 10538.
Hereby authorizes Town Administrator, Meredith S. Robson:
To execute and deliver to Westchester County Department of Health, for and on
behalf of the Town, and application for: Town of Mamaroneck Senior Nutrition
Program.
To execute and deliver any and all additional documents which may be
appropriate or desirable in Connection therewith.
The undersigned further certifies that said resolution has not been revoked,
rescinded, or modified and remains in full force and effect on the date hereof.
Carried
6. ITEM ADDED: Set a Public Hearing for the revised Tree Law for October 4th.
Supervisor Elkind Eney introduced this new item on the agenda, explaining that the
Town Board has been working on this revised Tree Law for about two years. The
Supervisor noted that the Town's current Tree Law applies to lot sizes of 20,000
square feet and above, which is only a small percentage of the lots in our community.
In order to preserve the tree canopy in the Town of Mamaroneck, this proposed Tree
Law is more restrictive of tree removals but at the same time respects homeowners'
rights to do as they want of their property. The Town Board would like to set a public
hearing for this revised Tree Law for October 4th, as this draft law is now ready for
review and discussion.
Town Board
September 20, 2023
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
RESOLVED to set a public hearing for the revised Tree Law for October 4, 2023.
See Attachment C.
Carried
7. ITEM ADDED: Reappointment of members of the Zoning Board -- Carol Miller
from Member B to Alternate A and Randy Heller from Alternate A to Member B
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
RESOLVED, that the Mamaroneck Town Board hereby appoints Mr. Randy
Heller to the Town Zoning Board as Member B said term expiring 12/23 (from
Alternate A) and appoints Ms. Carol Miller to Alternate A said term expiring
12/25 (from Member B).
Carried
8. ITEM ADDED: Salary Adjustment for Certain Non-union and Management
Employees
Town Administrator Robson explained that this has been in the works for close to a
year. The Town hired GovHR to provide a comprehensive salary and job classification
analysis of all management and non-union employee positions, which includes
employees not covered in any collective bargaining agreements. GovHR compared
job positions and responsibilities both internally and externally with similar
communities. GovHR prepared their analysis, then Town Department Heads reviewed
to ensure that the analysis was applicable to their staff. The classification plan and
proposed new salary ranges will allow the Town to become more competitive than we
have been, with the goal of retaining our hard-working and well-qualified staff, and to
provide internal equity among our employees across departments. Changes to
salaries have been made fairly and equitably, to ensure Town salaries are competitive
with the marketplace.
Supervisor Elkind Eney thanked Administrator Robson for her hard work on this
project and for developing a fair and equitable way for the Town to remain
competitive. Supervisor Elkind Eney noted that we have an incredible staff that works
very hard, and we want them to ensure the longevity of the incredible staff that we
have. Councilwoman Katz added that Town staff has a specialized skill set so that
makes it difficult to find replacements, especially with many municipalities poaching
staff from one another. Councilwoman Fiddelman noted it is an attempt to maintain
our great staff.
See Attachment D.
Administrator Robson suggested that the Town Board add to the resolution to raise
the wellness benefit from $275 to $400 for management and non-union employees.
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
RESOLVED that the Town Board hereby approves the attached management
and non-union salaries consistent with the data and recommendations of the
GovHR study retroactive to July 1, 2023, and authorizes the increase in the
wellness benefit to $400 to all management and non-union employees.
Carried
Town Board
September 20, 2023
REPORTS OF THE COUNCIL
Councilwoman Katz
• Attended the Westchester Municipal Officials Association meeting last week, where
Town resident Melissa Kaplan Macey presented.
• Attended the library meeting, there was a recent card sign-up at the farmer's market.
• Librarians run programs, starting a banned books book club, puzzles. Visit their
website for more details: www.larchmontlibrary.org
Councilwoman Fiddelman
• On September 7th, attended a Zoning Meeting.
• On 8th spoke with OCRA students on their project, engaged and care so deeply
• Board of Architectural Review, on 8th as well.
• October 10th at 8am will be the first in person Larchmont Mamaroneck Local 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.
• Wished those that celebrate an easy fast.
Councilman King
• Looking forward to next Saturday the 30th when the Town will host its annual Food
Truck Festival at noon. Suggested that everyone arrive early, especially if you want a
lobster roll.
• Reminded everyone to take a look at the Fall Brochure from the Recreation
Department, from Aqua Zumba to open skate nights.
Councilwoman Nichinsky
• On Monday, attended a Housing Authority Meeting, where they thanked Mr. Steve
Altieri for his hard work.
• Tuesday attended a Sustainability Meeting, where they announced the Town being
recertified Bronze Status.
• On Wednesday, attended the Planning Board Meeting, where they considered several
new applications.
• Attended the WMOA meeting on Thursday, where the Town won the medal for most
in attendance.
TOWN CLERK'S REPORT
First, the Town Clerk congratulated Deputy Town Clerk Laura DeMuro for her re-certification
as a Certified Archivist with the Academy of Certified Archivists. Then, the Town Clerk
mentioned the General Election coming up on November 7th. If you have any changes to
your voter registration, if you are new to the Town and want to confirm your registration, or if
you would like to request an absentee ballot, please reach out to the Town Clerk's office. We
are here to help you. The easiest way to vote is during early voting! Our Town Center will be
available for early voting, October 28th through November 5th, for anyone in Westchester
County. When we have the times for the Early Voting days, from the Board of Elections, we
will post the times on our website.
Lastly, on September 7th, the Town launched our new permitting and licensing and records
request system. Our goal is to continue to streamline our processes to make it easier and
faster for our residents to get what they want. We've been renewing lots of dog licenses and
processing FOIL requests on the new system, and this week we start our Residential
Parking Permit Renewals for Washington Square and Lester Place.
Town Board
September 20, 2023
ADJOURNMENT
Supervisor Elkind Eney closed by noting that the courtroom has a new color scheme.
Supervisor Elkind Eney has wanted to update the colors in the courtroom, from that of a
nineteen eighties bathroom, for over twelve years. Supervisor Elkind Eney thanked retired
Town Clerk Christina Battalia for coming in and consulting on the colors.
On motion of Councilman King, seconded by Councilwoman Katz, the meeting was
unanimously adjourned at 9:15 p.m.
Carried
REGULARLY SCHEDULED MEETING - October 4, 2023
Submitted by
Allison May, Town Clerk
Town Board
September 20, 2023
Attachment A
SURPLUS AUCTION 2023
Fleet 95—20111 Ford Escape 1FMCU9DG3BKA57485(131,303 miles)
Fleet 19—2007 Ford Explorer 1FMEU73E77U864791(89,673 miles)
Fleet 202—2003 Mack RD6905 1MZP26C43M034290(41,630 miles)
Fleet 26—2005 Ford Escape 1FMYU96HX5KE01054(67,318 miles)
Fleet 316-2010 Chevy Tahoe 1GNUKAEO6AR197691(95,448 miles)
Fleet 317—2013 Chevy Tahoe 1GNSK2E06DR342679(95,420 miles)
Fleet 30—2008 Ford Crown Victoria 2FAHP71V08X160836(51,235 miles)
Fleet 40(car 3)—2014 Ford Interceptor 1FAHP2MK5EG122329(66,540 miles)
Fleet 44(car 17)—2015 Ford Interceptor 1FAHP2MK8FG159830(57,447 miles)
Fleet 43(car 19)—2015 Ford Interceptor 1FAHP2MK8FG159831(51,051 miles)
Fleet 435—2009 Chevy Tahoe 1GNFK03059R195268(97,597 miles)
Fleet 236—2008 Ford F250 P/U 1FTSF21R88EE40420(55,677 miles)
Fleet 233—2008 Ford F250 P/U 1FD5F21R08EC59467(45,677 miles)
Page 32 of 246
Town Board
September 20, 2023
Attachment B
Town of Mamaroneck
From: Tracy Yogman-Town Comptroller
Re: Fire Claims
Date: September 20, 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
Argento and Sons Sharpen blade $ 105.00
Chatsworth Cleaners Uniform Cleaning-July 2023 86.96
Con Edison Fire HQ service 6/28-7/28/23 228.13
Con Edison Fire HQ service 7/27-8/28/23 255.83
Optimum Cable Services for 8/23-9/22/23 257.04
Senate Electronics,Inc Proximity Key tag 334.50
UniFirst Corporation Cleaning supplies 8/4,8/11/23 508.64
Verizon TMFD 300M Fios Redundant circuit 7/25/2023 294.34
Verizon TmFD 300M Fios Redundant circuit 8/25/2023 294.34
Villa Maria Pizza Food for Fast Drill 7/26/23 74.18
Villa Maria Pizza Food for Victim Rescue Drill 8/23/23 54.19
WJWW 205 Weaver St Chgs 7/24-8/24/23 195.67
Total $ 2,688.82
Page 149 of 246
Town Board
September 20, 2023
Attachment C
•
Local Law No. —2023
This local law shall be known as the"Town of Mamaroneck Tree Lau".
BE IT ENAL1 E-L)by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
The Town Boards finds and declares that the preservation of trees,as defined herein,within the
Town is necessary to protect the health,safety and general welfare of the Town because trees
provide shade,impede soil erosion,aid water absorption and retention,inhibit excess runoff and
flooding,enhance air quality,offer a natural barrier to noise,provide a natural habitat for wildlife,
provide screening,enhance property values and add to the aesthetic quality of the community.
However,the Town Board also
recognizes that property owners have the right to develop,use and enjoy their properties and
that sometimes trees must be removed in order property owners to be able to achieve full
enjoyment of their property.This law strikes a balance between the rights of property owners and
the maintenance of trees within the Town.
Section 2—Amendment of a current section of the Mamaroneck Code:
Chapter 207 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
Chapter 207
Trees
§207-1 Legislative Intent
§207-2 Definitions.
§207-3.Regulated activities;permit required.
§207-4 Activities permitted by right
§207-5 Activities absolutely prohibited
§207-6 Permit application process;approving authority
§207-7 Tree replacement
§207-5 Period that must elapse before an additional permit can be issued
§207-9 Tree Planting Fund
§207-10 Issuance of permit with conditions
§207-11 Issuance of permit
§207-12 Suspension or revocation of permit
§207-13 Term
§207-14 Compliance with applicable provisions required
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Attachment C (Cont'd)
S
§207-15 Appeals
§207-16 Action upon completion of work
§207-17 Penalties for offenses
§207-18 Phase-in of this chapter
§207-1 Legislative Intent.
The Town Board finds and declares that trees within the Town are beneficial as they protect the
health,safety and general welfare of the Town of Mamaroneck.However,the Town Board also
recognizes that property owners have the right to develop,use and enjoy their properties.This
law attempts to strike a balance between the rights of property owners and the maintenance of
trees within the Town.ITO BE CHANGED TO CONFORM TO THE"PURPOSE"CLAUSE].
§207-2 Definitions.
As used in this chapter,the following terms shall have the meanings indicated:
APPLICANT
A person requesting a tree removal permit.
APPLICATION
A request to remove trees made pursuant to this chapter.
APPROVING AUTHORITY
For an application to remove 9 or fewer regulated trees,the Town Environmental Planner
shall be the approving authority.
For an application that requests a clearing or is part of either an application for site plan
approval, residential site plan approval, subdivision approval, a special use permit and/or a
wetlands and watercourses IEAlpermit issued pursuant to Chapter 114 of the Town Code,the
Planning Board shall be the approving authority.
ARBORIST
An individual who has demonstrated knowledge and competency as evidenced by a
current International Society of Arboriculture arborist certification.
CALIPER
The diameter of a tree trunk six inches above the ground.
CLEARING
21Pagr
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September 20, 2023
Attachment C (Cont'd)
•
Removal of 10 or more regulated trees from any lot within any twelve-month period.
CRITICAL ROOT ZONE
The circular area surrounding a tree that must be protected from compaction,fill or
trenching to attempt to ensure the survival of the tree. That area is determined by
multiplying the diameter of the tree at breast height(DBH)by 18 and is measured from
the center of the tree's trunk measured from the outside of the tree trunk. For example,a
tree with a DBH of 12 inches has a critical root zone with a radius of 216 inches,measured
from the center of the tree to the circumference of the circle that is the critical root zone.
DEAD TREE
A tree with a DBHealipee of six inches or more at-4 H (EAlthat is dead or has been
damaged so that it cannot be salvaged or in an advanced state of decline(where an
insufficient amount of live tissue,green leaves,limbs or branches exist to sustain life).
DIAMETER AT BREAST HEIGHT(DBH)
The diameter of a tree 41/2 feet above-ground level on the uphill side.DBH shall be
recorded in inches.
• ENVIRONMENTAL PLANNER
The Town's Environmental Planner or another person designated by the Town Board to
act in that capacity.
EXCESSIVE PRUNING
Removal of more than 25%of the crown of a tree within any twelve-month period.
HAZARDOUS TREE
A tree with a DBH caliper of six inches or more at-BBH that possesses a structural defect
or one whose location and/or position poses a foreseeable danger to persons or property,
as determined by the Environmental Planner,the Planning Board or the Town Arborist.
INJURY
Damage to a tree foreseeably leading to the tree's death or permanent damage to the
health of the tree,including a wound resulting from any activity,including but not limited to
excessive pruning, cutting, trenching, excavating, altering the grade, paving or compaction,
bruising,scarring,tearing or breaking roots,bark,trunk,branches or foliage or application of
herbicide or poisoning.
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Attachment C (Cont'd)
410
INVASIVE SPECIES
Plants listed as prohibited or regulated by the New York State Part 575 list of Prohibited
and Regulated Invasive Species contained in 6CRR-NY.V.C.575 or any regulation that replaces it.
PERSON
Any individual person,firm,partnership,association,corporation,company,
organization or legal entity of any kind other than public agencies,municipal corporations and
utility companies.
PLANNING BOARD
The Planning Board of the Town of Mamaroneck.
PLANTING PLAN
A plan that identifies areas where existing trees are to be preserved and where proposed
replacement trees and other plants are to be located as well as areas of vegetation to remain after
the proposed project is completed.
REGULATED TREE
A tree with a DBHealiper of six inches or more-at DBH,,[EA1 a dead tree or a hazardous
41IPJ
tree. A replacement tree also shall be considered a regulated tree regardless of its calir-
at-DBH IEAI.
REMOVAL
Removal of a tree,includes not only the complete cutting down of a regulated tree but
also cutting so that only the trunk,trunk fragments or a stump remain.
REPLACEMENT TREE
A tree that is required to be planted pursuant to this chapter.
STRUCTURAL DEFECT
Any naturally occurring or secondary condition such as cavities,poor branch attachment,
cracks,or decayed wood in the trunk,crown,or roots of a tree that may contribute to structural
failure.
TOWN ARBORIST
An arborist employed or contracted by the Town.
TOWN BOARD
The Town Board of the Town of Mamaroneck,New York.
TREE PLANTING FUND
A fund to receive the payment of fees in situations where tree replacement requirements,
in whole or in part,cannot be met on-site.
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Attachment C (Cont'd)
fir
TREE REMOVAL PERMIT
A permit issued pursuant to this chapter.
§207-3.Regulated activities;permit required.
A person shall be allowed to remove a regulated tree within the unincorporated area of the Town
only if a tree removal permit for the removal of such tree shall have been issued.
§207-4.Activities permitted by right
Notwithstanding§207-3,the following activities are permitted by right:
Removal of any tree that is not a regulated tree provided the tree is located on property owned
by the person removing it or is being removed with the consent of the property owner.
B.
Routine care and maintenance.Pruning of less than 25%of the crown of a regulated tree during
any twelve-month period is considered routine care and maintenance.
§207-5.Activities absolutely prohibited.
It shall be unlawful for any person,other than the Town,to remove a tree within a public right-
of-way or on Town-owned property without the Town's permission.
B.
It shall be unlawful for any person to cause such injury to a tree so that it is likely that the tree
will become a dead tree or a hazardous tree.
C.JALL CHANGES IN THIS PARAGRAPH COME FROM EA AND WMJ
No more than 15 regulated trees can be removed from any lot having an area of 20,000 square
feet or more during any twelve-month period.
No more than 10 regulated trees can be removed from any lot having an area greater than 7,500
square feet but less than 20,000 square feet during any twelve-month period.
No more than 5 regulated trees can be removed from any lot having an area of 7,500 square feet
or less during any twelve-month period.
The foregoing limitation on the number of trees that can be removed during any twelve-month
period shall not apply to the original develo pment of a vacant lot. A lot from which a principal
use has been removed during the preceding 24 months shall not be considered a vacant lot.
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September 20, 2023
Attachment C (Cont'd)
4111/
Notwithstanding the foregoing limitation on the number of trees that can be removed during any
twelve-month period,a person also may remove any tree(i)whose presence might endanger the
owner of the property or members of that person's family or their personal property or members
of the public or their personal property or(ii)whose health might be endangered by an approved
cut or fill of the property where such tree is located,(iii)which is dead or substantially diseased
or(iv)that substantially interfere with a permitted use of the property.
In order to remove more trees during any twelve-month period than this section allows,the
applicant must demonstrate to the satisfaction of the Environmental Planner that one or more of
the foregoing criteria exists.In making such judgment, the Environmental Planner shall act
reasonably. The Environmental Planner may request a written evaluation by an arborist which
demonstrates that a tree is dead or hazardous
§207-6.Permit application process;approving authority.
Any person seeking to conduct any activity listed in§207-3 shall file an application for a tree
removal permit with the approving authority.
• 1. Applications to the Environmental Planner
The Application shall include the following information:
a. The name,postal and email addresses and telephone number of the property owner
and the applicant,if the applicant is not the property owner,
b. The street address of the property where the removal is sought,
c. A statement of authority from the owner for any agent making the application for a
tree removal permit,
d. A general description of the proposed removal
e. A planting plan based on the tree replacement requirements in§207-7. The planting
plan shall include the location of all proposed replacement trees and plantings,a list
of all proposed replacement trees and other plantings that identifies the species(by
common and botanical name), size and quantity. The approving authority may
waive the requirement to plant replacement trees,in whole or in part,if it determines
that,because of site constraints,it is impracticable or impossible to replace certain
trees,or where the approving authority determines that,because of relevant site
planning considerations,tree replacement is not warranted.The approving authority
shall require payment of a fee to the Tree Planting Fund to satisfy the unmet portion
of tree replacement requirements computed in accordance with§207-9A.,
f. The name,postal and email addresses and the telephone number of the applicant's
contractor,
g.The Environmental Planner may request a written evaluation by an arborist which
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Attachment C (Cont'd)
demonstrates that a tree is dead or hazardous,
h.Any other information that the Environmental Planner deems is reasonably
necessary in order to evaluate the application,and
i.The fee required for a Tree Removal Permit.If work is commenced prior to the permit
being issued,the applicant shall be liable for the fine proscribed by§207-17 A.
An application for a tree removal permit submitted to the Environmental Planner shall be
approved,approved with conditions(§207-10),denied(for example,an application made during
•
the period prohibited by(§207-8). or returned to the applicant with a request for further
information within 30 days of the receipt of a complete application.If the Environmental Planner
requests additional information, the application shall not be considered complete until the
Environmental Planner receives such additional information. An application shall not be
considered complete until the applicant obtains all other permits that must be obtained in order
to perform the project that requires the removal of trees.If the tree removal permit is denied,the
applicant will be notified in writing by the Environmental Planner of the reasons for the denial.
2. Applications to Planning Board
The application shall include:
a. The items listed in§207-6 A(1)(a through f);however,the applicant will not need to
reproduce separately the items that it shall have filed in connection with an application for site
plan approval,residential site plan approval,subdivision approval,a special use permit and/or a
wetlands and watercourses fEAjpermit issued pursuant to Chapter 114 of the Town Code,
b.Any other information that the Planning Board deems is reasonably necessary in order
to evaluate the application,and
c. The fee required for a tree removal permit. If work is commenced prior to the Tree
Removal Permit being issued,the applicant shall be liable for the fine proscribed by§207-17A.
An application for a tree removal permit submitted to the Planning Board may be returned to the
applicant with a request for further information. If the Planning Board requests additional
information,the application shall not be considered complete until the Planning Board receives
such additional information. An application shall not be considered by the Planning Board until
it is complete.If the tree removal permit is denied,the applicant will be notified in writing by the
Environmental Planner of the reasons for the denial.
Any site for which an application has been submitted shall be subject to inspection upon notice
to the property owner and the applicant at any reasonable time,including weekends,by the
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Attachment C (Cont'd)
•
approving authority or its designated representatives. By making an application for a tree
removal permit,the Applicant shall be deemed to have given its consent to such inspection.
C.
All items submitted in connection with an application for a tree removal permit,including the
application itself,shall be maintained in the office of the Building Department.
D.
The Building Department shall maintain a record of the lots for which a tree removal permit is
issued,the date of each permit and the number of regulated trees approved for removal by each
permit The Building Department shall maintain a record of the lots for which tree removal
permits are issued by either the Environmental Planner or the Planning Board,the date of each
permit and the number of regulated trees approved for removal by each permit.
§207-7.Tree replacement.
A.
Tree replacement shall occur on-site, except where the approving authority determines that,
because of site constraints,it is impractical or impossible to do so, or where the approving
authority determines that replacement trees would unduly prevent the use or enjoyment of the
property or where the approving authority determines that,because of relevant site planning
considerations,it is not warranted.If the approving authority determines that less than all of the
required number of replacement trees can be planted on-site, the approving authority shall
require the payment of a fee to the Tree Planting Fund to satisfy the unmet portion of tree
replacement.
B.
The number of Replacement Trees shall be determined as follows:JALL CHANGES IN THIS
PARAGRAPH COME FROM EAl
One replacement tree for each removed regulated tree having a DBH between 6 inches and 12
inches.
Two replacement trees for each removed regulated tree having a DBH greater than 72 inches but
less than 24 inches.
Three replacement trees for each removed regulated tree having a DBH of more than 24 inches.
Replacement trees must have a caliper of at least 4 two and one-half IEAI inches and must be a
species selected from the list of approved species maintained by the Environmental Planner
which maybe updated from time to time.Except where the approving authority determines that
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Attachment C (Cont'd)
it is impractical to do so,at least 50%of replacement trees shall be trees that grow to a height of
at least 40 feet when mature.
D.
When 10 or more replacement trees are required,no single tree genus can account for more than
one-third of total number of replacement trees.Exceptions to this requirement may be authorized
by the Environmental Planner,when specific conditions warrant such a change.
E.
Replacement trees shall be ecologically compatible with the site and neighboring properties.
Invasive species shall not be allowed under any circumstances.Standards for transplanting of
trees and shrubs shall follow the guidelines found in the International Society of Arboriculture
publication"Tree and Shrub Planting Manual"
§207-8.Period that must elapse before an additional permit can be issued.
A tree removal permit shall not be issued for any property for which a tree removal permit was
issued prior to the first anniversary of the unconditional letter of completion for the work done
pursuant to such permit(see§207-16),or in the case of a permit which does not require the
planting of replacement trees,prior to the first anniversary of the deposit into the Tree Planting
Fund that an applicant is required to make pursuant to§207-9.
§207-9.Tree Planting Fund.
A.
When an applicant is required to make a payment to the Tree Planting Fund,the amount of such
payment shall equal the product of the multiplication of the number of required replacement
trees that will not be planted on-site by$300.00 IEAI.
The Tree Planting Fund shall be the fund that receives(i)payments from applicants who cannot
satisfy tree replacement requirements because the approving authority determines that due to
site constraints some or all of the required number of replacement trees cannot be planted on-site
and(ii)the payment of any fine imposed by this chapter. In addition,any person or entity may
donate to the Tree Planting Fund.
(1)Amounts on deposit in the Tree Planting Fund shall be used for the sole purpose of planting
and maintaining Town owned trees,shrubs, and other permanent plant materials and other
applicable landscaping projects on Town-owned property.
(2)Proposed landscaping may include trees, shrubs, and other permanent plant materials.
Planting and maintenance shall include purchase,transportation,mulching,watering,fertilizing,
9 Page
S
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Attachment C (Cont'd)
411
trimming,fencing and associated labor. The Tree Planting Fund may be used to fund other
associated project tasks including the purchasing equipment to be used for watering plantings,
the purchase and/or installation of irrigation systems to support plantings,design,tree inventory,
construction of tree pits,and soil amendments that enhance and promote long-term sustainability
of plantings.
(3)If feasible,the amounts on deposit in the Tree Planting Fund first should be applied to projects
located close to lots where tree removal has occurred.
§207-10.Issuance of permit with conditions.
Any tree removal permit may contain such conditions as the approving authority deems
necessary to ensure compliance with the legislative intent of this chapter.Examples of conditions
that may be imposed upon a tree removal permit include but are not limited to,the alteration of
the planting plan submitted by the applicant so that replacement trees are planted on-site in
locations other than the locations shown on such plan or the imposition of the requirement to
deposit money into the Tree Planting Fund instead of planting replacement trees on-site.
§207-11.Issuance of permit.
No tree removal permit shall be issued until the applicant pays(i)the fees required for making
• the application and(ii)the amount required to be paid to the Tree Planting Fund to satisfy the
unmet portion of the tree replacement requirements.
§207-12.Suspension or revocation of permit.
A.
(1)The Building Inspector,an Assistant Building Inspector,the Engineer,any Code Enforcement
Officer, the Director of Building Code Enforcement and Land Use Administration, or the
Environmental Planner may issue a stop-work order for violations of this chapter. Persons
receiving a stop-work order shall be required to halt all land development activities,except those
activities that correct the violations that led to the stop-work order or remove a hazardous
condition.The stop-work order shall be in effect until the Town confirms that the violation has
been satisfactorily corrected.Failure to address a stop-work order in a timely manner may result
in civil or monetary penalties in accordance with the enforcement measures authorized in this
chapter.
(2)The Building Inspector,an Assistant Building Inspector,the Engineer,the Director of Building
Code Enforcement and Land Use Administration,or the Environmental Planner may suspend or
revoke a tree removal permit if the applicant has not complied with any of the material terms of
such tree removal permit,has exceeded the authority granted in the permit,or has failed to
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Attachment C (Cont'd)
•
undertake the project in the manner set forth in the Application.Such suspension or revocation
shall be accompanied by a stop-work order.
B.
A stop-work order and/or suspension or revocation of a tree removal permit shall be delivered
personally to the applicant or the owner of the property for which such permit was issued or sent
by certified mail,addressed to the applicant at the address shown on the tree removal permit and
sent by certified mail to the owner of the property for which such permit was issued.Immediately
upon the receipt of a stop-work order if personally delivered or on the third day following the
mailing of such order,the applicant and anyone acting on the applicant's behalf shall cease all
work being undertaken pursuant to the tree removal permit.
§207-13.Term.
A tree removal permit shall be valid for two years from the date of its issuance unless a different
term is otherwise specified by the approving authority.Tree removal permits may be renewed
by the approving authority if a request for such renewal is submitted
JRPJ before the expiration of the original tree removal permit or a renewed permit.Standards for
issuance of renewals shall be the same as the standards for issuing tree removal permits.
• §207-14.Compliance with applicable provisions required.
No tree removal permit shall eliminate an applicant's obligation to comply in all respects with
the applicable provisions of any other federal,state or local law or regulation,including but not
limited to the securing of any other required permit or approval.
§207-15.Appeals.
If an application is denied or issued with conditions by the Environmental Planner,the applicant
may appeal such determination to the Planning Board.
ill
The appeal must be made within 30 days after the Environmental Planner shall have mailed the
determination to the applicant. The appeal must be in writing and must set forth the errors that
the applicant asserts were made by the Environmental Planner.
SQL
The Planning Board shall review the appeal at its next available scheduled meeting and shall,
based upon the standards contained herein and the facts of the matter,either(i)deny the appeal,
or(ii)grant the appeal and direct the Environmental Planner either to issue a tree removal permit
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Attachment C (Cont'd)
•
or strike one or more of the conditions attached to the permit that the Environmental Planner
issued.
fL
In prosecuting the appeal, the applicant shall comply with the notification requirements of
Chapter 144 of the Town Code except that the properties to which mailing notice of the appeal
shall be the properties that are one hundred linear feet from each of the lot lines and corners of
the subject property.
S4L
A tree removal permit shall be stayed pending determination of the appeal.
B.
An applicant may bring a proceeding to review a determination by the Planning Board in the
manner provided by Article 78 of the Civil Practice Law and Rules.Such proceeding must be
commenced within 30 days after the filing the Planning Board's determination in the office of the
Town Clerk.
§207-16.Action upon completion of work.
• A.
Within 30 days after completion of the removal of all trees for which a tree removal permit shall
have been issued and the planting of all replacement trees, the applicant shall notify the
Environmental Planner of such completion.
B.
Within 30 days of such notification,the Environmental Planner shall conduct an inspection to
determine whether there has been compliance with all the terms of the tree removal permit. If
the Environmental Planner determines that there has been compliance and/or the required funds
have been deposited into the Tree Planting Fund, the Environmental Planner shall issue a
conditional letter of completion. If all of the replacement trees survive for one year after the
Environmental Planner issues a conditional letter of completion,the Environmental Planner shall
issue an unconditional letter of completion.If any of the replacement trees do not survive for one
year after the Environmental Planner issues a conditional letter of completion,the applicant shall
replace the replacement trees that did not survive with a like number of replacement trees and
the notification and letter of completion process stated above shall pertain to such replacement
trees.
C.
If the Environmental Planner determines that there has not been compliance with all the terms of
the tree removal permit or that not all replacement trees have been planted and/or the funds
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September 20, 2023
Attachment C (Cont'd)
•
required to have been deposited into the Tree Planting Fund have not been deposited, the
Environmental Planner shall so notify the applicant.The notification shall include a list of items
to be corrected, .u If the violations
listed by the Environmental Planner are not corrected within 30 days of the notification,the-time
the applicant shall pay the fine proscribed in§207-17B.
§207-17.Penalties for offenses.
A. FALL CHANGES IN A.AND B.COME FROM EAl. (Formatted:Font Not Bold
Any person who removes a regulated tree without complying with this chapter shall be guilty of Formatted:Font:Not Bold,No underline
a violation within the meaning of NY Penal Law§ 10.00 (3)and upon conviction, shall be
punished by the imposition of a fine of
$300.00 per tree for the removal of trees having a DBH between¢inches and 12 inches,
$600.00 per tree for the removal of trees having a DBH greater than 12 inches but not
greater than 24 inches and
$900.00 per tree for the removal of trees having a DBH larger than 24 inches.
B.
• Any person who does not comply with a notification given by the Environmental Planner
pursuant to§207-15 C.shall be guilty of a violation within the meaning of NY Penal Law§10.00
(3)and upon conviction,shall be punished by the imposition of a fine of$
plus a fine of$300.00 for each replacement tree that the applicant failed to plant plus double the
amount of the funds that the applicant was required to deposit into the Tree Planting Fund.
C.
Each violation of a provision of this chapter shall be a separate and distinct offense.In addition,
any offender may be ordered by the court to replant trees that were improperly removed,insofar
as that is possible.The court shall specify a reasonable time for completion of such restoration,
the sufficiency of which shall be determined by the Environmental Planner.The fines remitted to
the Town shall be deposited into the Tree Planting Fund.
D.
In addition of being liable for the fines contained in§207-17A., any person who removes a
regulated tree without having first received a tree removal permit or who does not comply with
a notification given by the Environmental Planner pursuant to§207-16C.shall be precluded from
applying for a tree removal permit for the removal of trees from the property for which the tree
removal period had been issued for the 12-month period commencing with the month that such
removal or non-compliance with a notification given by the Environmental Planner pursuant to
§207-16C. is discovered by the Town.
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Attachment C (Cont'd)
46)
E.
In addition to the penalties set forth above in §207-17,the Building Inspector shall not issue a
building permit,temporary certificate of occupancy or certificate of occupancy for any property
on which a violation of this chapter occurred until such violation is cured.
§207-18. Phase-in of this chapter.
This chapter shall apply to lots having an area of 7,50I square feet or more on the ninetieth day
after this local law is filed with the Secretary of State.
This chapter shall apply to lots having an area of 7,500 square feet or less,on the first anniversary
of the date when this chapter became effective with respect to lots having an area of 7,501 square
feet or more.
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction,such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective on the ninetieth day after this law is filed with the Secretary
of State.
2023-9-115-Ltlindudes RP and EA
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September 20, 2023
Attachment D
Effective July 1, 2023
Nor Postion Employee Adjusted Salary
Police Chief Paul Creazzo $206,322
Town Engineer Robert Wasp $178,349
General Highway Foreman John Barreto $129,569
IT Director Shyam Pandya $122,510
Assessor Pamela Valenza $135,133
Building Inspector Richard Polcari _ $136,236
Superintendent of Buildings Michael Orchanian $119,770
Conf.Sec.&Sustainability Coord, Sue Odierna $82,963
Office Assistant-Police Department Karen Orchanian $72,636
Administrative Aide Marc Romero $67,031
Secretary to Town Administrator Margaret Delohery $61,891
41,
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