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HomeMy WebLinkAbout2023_11_08 Planning Board Minutes <( ,47 0 \` 92� MINUTES 0 / �� Planning Board Meeting W 1 J m Wednesday,November 8, 2023 Senior Center - 1288 Boston Post Road, Larchmont, NY 10538 7:30 PM FOUNDED 1661 PRESENT: Ralph Engel, Chair Elizabeth Cooney, Vice Chair Ira Block, Board Member Edmund Papazian, Board Member ABSENT: Ron Mandel, Board Member Sarah Dunn, Alternate Board Member STAFF PRESENT: Lisa Hochman, Counsel to the Planning Board Carol Murray, Town Assistant Civil Engineer Anthony Oliveri, Consulting Engineer Jami Sheeky, Planning Board Secretary CALL TO ORDER The meeting was called to order at 7:31 P.M. and Mr. Engel welcomed everyone and announced that a quorum was present. Ms. Hochman asked if all documents to be discussed this evening had been posted on the website for more than 24 hours and whether this meeting and all public hearings to be conducted tonight had been duly noticed and whether all required referrals were made. Ms. Sheeky answered yes to all. MINUTES The Board discussed the draft minutes of the October 11, 2023, meeting. Ms. Hochman addressed the correction of a typo. Motion: To adopt the draft minutes of October 11, 2023, as corrected. Moved by Ira Block seconded by Edmund Papazian Action: Approved Abstained: Elizabeth Cooney Application #1 - 626 Fifth Avenue-McGuire's Service Corp - Special Use Permit Extension- Public Hearing Jim Santoro, operations manager for McGuire's Service, was present to address the Board. Mr. Engel asked if the application was for the same use and hours of operation, and Mr. Santoro stated yes for same use, but would like the resolution to add the option to open on Saturday or Sundays. Ms. Murray stated that previous complaints for property maintenance have been corrected. Motion: To open the public hearing Moved by Ira Block seconded by Edmund Papazian Action: Approved Unanimously There were no questions or comments from members of the public. Planning Board November 8, 2023 Motion: To close the public hearing Moved by Edmund Papazian, seconded by Elizabeth Cooney Action: Unanimously approved Board members discussed the draft resolution prepared by counsel. Motion: To approve resolution, as modified, to extend the special use permit Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Unanimously approved RESOLUTION Extension of Special Use Permit 626 Fifth Avenue,Town of Mamaroneck,New York On motion Elizabeth Cooney , seconded by Edmund Papazian, the application of McGuire's Service Corp. (the "Applicant") for approval of an extension of the applicable special use permit was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of 4 to 0,with no abstentions. WHEREAS, the Applicant submitted an application for the extension of its special use permit for continued use of the premises at 626 Fifth Avenue, Larchmont, NY, and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1, Block 32, Lot 61, as a contractor's establishment (the "Property"); and WHEREAS, the applicant seeks to continue to use the Property as a contractor's establishment in a SB- R zoning district; and WHEREAS,the prior special use permit applicable to the Property expired on July 11, 2023; and WHEREAS, Section 240-31.B.6 of the Zoning Code of the Town of Mamaroneck (the "Town Zoning Code"lists"Contractors' Establishments" as a specially permitted use in the SB-R zoning district; and WHEREAS, a duly noticed public hearing was held on November 8, 2023; and WHEREAS, the Town's Assistant Civil Engineer stated that there have been no complaints to the Building Depaitmnent in connection with the Property, and that there are no open violations against the Property; and WHEREAS, the Planning Board Secretary stated that all required referrals were made pursuant to the New York State General Municipal Law and Section 240-61.E of the Town Zoning Code; and WHEREAS,the Applicant stated that there has been no change in the use of the Property since the most recent special use permit relating to the Property was extended; and WHEREAS,the Planning Board determined that there has been no change in circumstances in the area which would require the Planning Board to deny the requested extension; and WHEREAS, the Planning Board has considered the application for the extension of the special use permit, the plans submitted by the applicant, comments and responses to questions by the Applicant, the reports and comments of Town of Mamaroneck staff and consultants and heard any interested members of the public; and WHEREAS,this is Type II action pursuant to SEQRA and MEQR requiring no additional environmental review; and WHEREAS, Section 240-62 of the Town Zoning Code provides that Planning Board shall not grant a special permit unless, it determines the standards stated therein have been met. NOW,THEREFORE,BE IT RESOLVED,that this Board makes findings of fact as follows: 2 Planning Board November 8, 2023 A. The proposed use of the Property. as limited by the conditions set forth herein, is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets; B. The operations in connection with the Special Use Permit extension will be no more objectionable to nearby properties by reason of noise, fumes, and vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit; C. The proposed use of the Property in compliance with the Special Use Permit extension will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values; and D. There are no existing violations of the Town Zoning Code on the Property. E. The Applicant has demonstrated that there has been no change in circumstances in the area which would require the Planning Board to deny extension of this special use permit. BE IT FURTHER RESOLVED, that this Board APPROVES the application of McGuire's Service Corp. for the extension of the previously awarded Special Use Permit for the use of the Property as a contactor's establishment, subject to the following terms and conditions: 1. The hours of operation shall be from 6:30 a.m. to 5:00 p.m. Monday through Friday, and on Saturday and Sunday, open from 8:00 a.m. until 2:00 p.m. 2. There will be no on-site servicing of vehicles or equipment. 3. There shall be no on-site storage of noxious or hazardous materials. 4. This special use permit extension shall expire on July 11, 2025. 5. Landscaping shall be maintained in accordance with approved plan on file. 6. This Special Use Permit extension is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Town Zoning Code. This decision is hereby certified and shall be filed with the Town Clerk. Application #2 - 1262 Boston Post Road -Magnolio dba Espresso Cafeto - Amendment & Extension to Special Use Permit—Public Hearing Valentina Soto Pinto, owner of Espresso Cafeto, was present to address the Board. She explained that she is requesting to add additional seating to the café to accommodate growing business. Motion: To open the public hearing Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Approved Unanimously There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Ira Block seconded by Elizabeth Cooney Action: Unanimously approved Board members discussed the draft resolution prepared by counsel. Motion: To approve the resolution, as modified, to amend and extend the special use permit Moved by Elizabeth Cooney seconded by Ira Block Action: Unanimously approved 3 Planning Board November 8, 2023 RESOLUTION AMENDMENT AND EXTENSION OF SPECIAL USE PERMIT Espresso Cafeto— 1262 Boston Post Road,Town of Mamaroneck,New York On motion of Elizabeth Cooney , seconded by Ira Block , the application to amend and extend the Special Use Permit by Magnolio LLC d/b/a Espresso Cafeto(the"Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 4 to 0 with no abstentions: WHEREAS, the Applicant submitted an application to amend its Special Use Permit for use of the premises at 1262 Boston Post Road in the B-R zoning district and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 to remove the condition of its Special Use Permit that the premises be restricted to 19 seats(excluding child booster seats) and to allow for up to 27 seats on the premises, and a bench outside the premises(the"Application"); and WHEREAS,the Building Inspector determined that the proposed use is consistent with the definition of "Luncheonette"as defined in the Town of Mamaroneck Zoning Code(the"Town Zoning Code"); and WHEREAS, Section 240-30.B.8 (240-30.C.7) of the Town Zoning Code lists "Luncheonettes" as a specially permitted use in the B-R zoning district; and WHEREAS, Section 240-4 of the Town Zoning Code defines "Luncheonette" as "[a]n establishment engaged in offering ready-to-consume and made-to-order food that is prepared on premises and served at a sit-down counter, and/or limited table service may also be provided. The menu is usually limited to breakfast and/or lunch, and a limited assortment of sundries may be offered at the counter for sale;" and WHEREAS, the Planning Board last extended the Applicant's Special Use Permit on May 11, 2022, which permit will expire on March 14, 2024; and WHEREAS,the Building Inspector stated in a memo to the Planning Board dated October 30, 2023 that the proposed use complies with zoning requirements; and WHEREAS, a duly noticed public hearing was held on October 11 and November 8, 2023; and WHEREAS, the Assistant Civil Engineer stated that there have been no complaints to the Building Depailiuent in connection with the Property and there are no open violations against the Property; and WHEREAS, the Planning Board Secretary stated that all required referrals were made pursuant to the New York State General Municipal Law and Section 240-61.E of the Town Code ; and WHEREAS, the Planning Board considered the Application, the plans, reports and comments of the Planning Board staff and consultants and heard any interested members of the public; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR § et.seq. and, accordingly, no further action under SEQRA is required; and WHEREAS, Section 240-62 of the Town Zoning Code provides that the Planning Board shall not grant a special permit unless it determines the standards stated therein have been met. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board makes the following findings of fact as required by Section 240-62 of the Town Zoning Code: A. That the proposed use is in general harmony with the surrounding area and shall not adversely impact upon adjacent properties due to the traffic generated by said use or the access of traffic from said use onto and off of adjoining streets. B. That the operations in connection with the special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of lights or other aspects than would be operations of any permitted use not requiring a special permit. 4 Planning Board November 8, 2023 C. That the proposed special permit use will be in harmony with the general health, safety and welfare of the surrounding area and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. D. That there are no existing violations of the Town Zoning Code on the property which is the subject of the Application. E. The Applicant has demonstrated that there has been no change in circumstances in the area which would require the Planning Board to deny amendment and extension of this special use permit. BE IT FURTHER RESOLVED, that the Planning Board hereby APPROVES the Application subject to the following terms and conditions: 1. Hours of operation will be limited to 7:00 a.m. to 5:00 p.m. seven days a week. 2. This Special Use Permit shall expire on November 8, 2025. 3. This Special Use Permit is subject to the termination requirements set forth in section 240- 64 and 240-65 and the use restrictions set forth in Section 240-30B of the Town Zoning Code. 4. The Applicant shall comply with all applicable and necessary permits from the Westchester County Department of Health and the New York Department of Environmental Conservation. 5. In accordance with Section 240-61.F of the Town Zoning Code, the Applicant shall be required to pay to the Town its actual cost of any technical reviews, including, without limitation, consulting fees,within 30 days of the date hereof. 6. The dimensions and the location of the bench to be placed in front of the Applicant's premises, and of any replacement thereof, shall be approved by the Building Inspector or his/her designee before it is placed in front of the premises, so as not to interfere with pedestrians walking on the walkway in front of the premises, and one or more garbage containers shall be placed next to the bench and properly serviced by the Applicant on a daily basis. 7. The Applicant shall have no more than twenty-seven (27) seats on the premises, exclusive of high chairs and child booster seats. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. Application #3 - 54 Deane Place-Joanne Grossman -Wetlands & Watercourses Permit— Continuation of Public Hearing Joanne Grossman, the owner, and Nicholas Shirriah, from Hudson Engineering, were present to address the Board. Mr. Sirrah stated that they are in contact with the New York State Department of Environmental Conservation regarding the tidal wetlands permit and also met with Ms. Aitchison and Ms. Murray to discuss open violations. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Approved Unanimously Ms. Dorotha Constas of 17 Deane Place addressed concerns about extensive mowing of Town property, a bench placed on Town property by the applicant and dumping of pumpkins and gourds on to the wetlands as well as heavy machinery being stored on the property that was encroaching on to the wetlands. She also asked about the use of the property down the road. Mr. Engel stated that there 5 Planning Board November 8, 2023 is no application to change the use of the property,just the driveway to save a tree. Ms. Constas asked about the bamboo barrier being installed and Ms. Grossman showed an example. Ms. Odelya Vivolo of 30 Deane Place expressed concerns about the dumping of pumpkins and boulders and rocks on the property. Ms. Grossman stated that the rocks are for a rain garden that is being installed to absorb water. Mr. Cesar Aponte of 30 Lorenzen Street raised concerns about the widening of the driveway and the noise and fumes coming from commercial vehicles being parked on the property as well as the future intention of the property. Mr. Engel stated that this hearing is in regard to the driveway only. Mr. Jay Rubin of 17 Deane Place raised concerns about the property being vacant for 3 years and used for storage and inquired about the future use of the property. Mr. Engel stated that the property is zoned for single family use and no request has been made to change that. Motion: To close the public hearing Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved Board members discussed the draft resolution prepared by counsel. Motion: To approve the Wetlands & Watercourse permit Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION WETLANDS &WATERCOURSES PERMIT 54 Deane Place Town of Mamaroneck,New York On motion of Edmund Papazian, seconded by Elizabeth Cooney,the application of Joanne Grossman (the"Applicant")for approval of a wetlands and watercourses permit was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of 4 to 0, with no abstentions: WHEREAS, the property is located at 54 Deane Place (known on the Tax Assessment map as Section 5, Block 5, Lot 307, and within the R-6 Residential Zoning District in the Town of Mamaroneck, New York(the "Property"); and WHEREAS, the Applicant proposes modification of an existing asphalt driveway,removal of a wood deck and construction of retaining walls and steps, a pervious patio, and a rain garden on the Property (the "Proposed Action"); and WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on October 23, 2023, and issued a letter to the Planning Board, dated October 26, 2023 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"), since a barrier will be installed by the Applicant to control the spread of phragmites beyond the wetlands boundary, and a Tidal Wetlands Permit will be obtained by the Applicant from the NYSDEC ; and WHEREAS, the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Plan set titled"Proposed Driveway &Patio 54 Deane Place"prepared by Hudson Engineering & Consulting, P.C. dated September 13, 2023 and last revised October 11, 2023, Sheets C-1 thru C-4 and"Flood Storage Analysis Plan" dated March 9t', 2023. • Stormwater Management Plan& Drainage Analysis prepared by Hudson Engineering & Consulting, P.C. dated November 29, 2021 6 Planning Board November 8, 2023 • Survey prepared by Richard A. Spinelli, L.S. dated September 8, 2021 WHEREAS, a duly noticed public hearing for the Application was held on October 11 and November 8, 2023; and WHEREAS, the Town Building Inspector issued a memo to the Planning Board, dated October 30, 2023, which stated: "After a review of the plans dated November 29, 2021, sheet C-2 prepared by Hudson Engineering and Consulting for a proposed expansion of the driveway and patio at 54 Deane Place, I found that the proposed plans are compliant with chapter 240 of the Code of the Town of Mamaroneck for a property located in an R-6 district"; and WHEREAS, in accordance with §114-7(B)(4)(c) of the Town Code, the Town Building Depaitment has notified all federal, state, and local agencies having jurisdiction over, or an interest in, the subject matter of the application, and has provided such agencies with an opportunity to comment. WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A, subparagraph (8) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS, in accordance with §114-7(D) of the Town Code,the Board has considered the following: I. all available reports concerning the Proposed Action from other commissions, including the CZMC, and any Town, County, State and/or Federal agencies, as well as members of the public; The Planning Board has reviewed the CZMC Letter and Wetlands Analysis prepared by William Kenny Associates LLC (WKA), dated August 18, 2023. WKA assessed the wetland and watercourses and completed additional field investigations on August 14, 2023. The assessment of proposed conditions is based on a review of the following: • Survey ofLot 30-32 and part ofLot 33, prepared by Richard A. Spinelli, dated September 16, 2021 • Stormwater Management Plan & Drainage Analysis, prepared by Hudson Engineering& Consulting, P.C., dated November 29, 2021 • Wetland Delineation Report, prepared by LandTech, dated February 6, 2023 • Design Plan prepared by Hudson Engineering & Consulting, P.C., last revised May 5, 2023 II. all relevant facts and circumstances pertaining to the Proposed Action, including but not limited to: a. any potential environmental impact of the Proposed Action: The Planning Board determines that the Applicant has undertaken appropriate measures to avoid or appropriately mitigate any potential environmental impacts. b. the alternatives to the Proposed Action: The Planning Board determines that there is no more desirable alternative because the Proposed Action is designed to avoid direct and indirect adverse impacts to wetlands and watercourses and the Applicant has undertaken to use best management practices to protect wetlands from stormwater runoff from adjacent upland development. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in §114-1 of the Town Code: The Planning Board determines that Proposed Action will not alter or impact wetlands and watercourses on or off the Property and, further, that wetlands and watercourses will continue to function the same as they do today. 7 Planning Board November 8, 2023 III. The availability of preferable alternative locations for the Proposed Action on the subject parcel: The Planning Board determines that there are no suitable alternative locations for the Proposed Action because it is specific to the needs of the homeowner to improve the Property. IV. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board determines that the Applicant has undertaken sufficient soil erosion and sediment control measures and shall install adequate stormwater management features, which will be maintained during and after construction. In addition, the Applicant has undertaken to install a root-barrier to control the spread ofphragmites beyond the limit of the wetland boundary. Further, the Planning Board notes that the Proposed Action will result in a slight reduction in impervious surface on the Property. V. the possibility of avoiding reduction of the wetlands' or watercourse's natural capacity to support desirable biological life, prevent flooding, control sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; The Planning Board determines that because no activities are proposed within the tidal wetland area, with the exception of the installation of a root barrier and the planting of native plants, the Proposed Action will not cause direct impacts to the wetlands. Due to the limited area of disturbance, (only 5,224 square feet within the wetland buffer and 2,093 square feet outside of the buffer) and because most of the land to be disturbed is nearly level, the potential for impacts from soil erosion and sedimentation is considered limited. As such, the Planning Board is satisfied that the Applicant's proposed soil erosion and sediment controls and utilization of temporary silt fencing between the proposed activities and the wetlands are sufficient. Therefore, the Planning Board determines that the Proposed Action will not impact the wetland indirectly from soil erosion and sedimentation. Further, based on the analysis prepared by the Applicant's wetland consultant, comparing the existing wetland and watercourse functions and the anticipated wetland and watercourse functions following implementation of the Proposed Action, the Planning Board determines that the following wetland functions will be adequately maintained: groundwater discharge, groundwater recharge, storm and floodwater storage, streamflow, water quality, export of detritus and abundance and diversity of wetlands fauna. VI. the extent to which the public or private benefit derived from such use may or may not outweigh or justify the possible degradation of the wetland or watercourse, the interference with the exercise of other property rights, and the impairment or endangerment of public health, safety or welfare: The Planning Board determines that since there will be no impairment or endangerment of the environment or public health, safety or welfare, the Proposed Action is reasonable. WHEREAS, the Planning Board has considered the Application and Plans; comments and responses to questions by the Applicant and its representatives; the memos, letters, reports and comments of the Town Engineer,the Town Building Inspector,the Town Environmental Planner,the Town's Consulting Engineer and the CZMC, and has heard and considered the comments of any interested members of the public. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby finds, pursuant to §114- 7(E) of the Town Code,based upon the record before it and after due consideration of the above criteria set forth in §114-7(D), that, with the provisos set forth in the CZMC Letter, the Applicant's proposed regulated activity is consistent with the purposes of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses Protection Law of the Town of Mamaroneck, as set forth in §114-1, and that the action to be taken will minimize all adverse effects on such policy to the maximum extent practicable: • To preserve,protect and conserve the Town's tidal and freshwater wetlands and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the natural benefits of wetlands and watercourses that is consistent with the general welfare and beneficial economic and social development of the town; and 8 Planning Board November 8, 2023 • To ensure maximum protection for wetlands and watercourses by discouraging degradation within them and within their buffers that may adversely affect these natural resources; to encourage restoration of already degraded or destroyed wetlands, watercourse and buffers; and to ensure "no net loss" of wetlands and watercourse areas. BE IT FURTHER RESOLVED, that the Planning Board GRANTS the Wetlands and Watercourses Permit as reflected in the hereinabove identified Plans submitted in connection with the Application, subject to the following terms and conditions: 1. All site work shall be in accordance with the latest revised Plans, as herein referenced, as modified in accordance with the specific conditions hereinafter set forth. 2. Any and all applicable county, state, federal and regional permits, including, but not limited to the NYSDEC Tidal Wetlands Permit, shall be obtained prior to the issuance of any Town permits, except as otherwise permitted by the Town Engineer in consultation with the Town Building Inspector and the Town Environmental Planner. 3. No certificate of completion shall be issued until all of the required conditions of this approval have been met. 4. Prior to the commencement of construction, appropriate measures shall be undertaken to control erosion and minimize water turbidity during construction, to the satisfaction of the Town Engineer and the Town Environmental Planner, as well as installation and maintenance of tree protection measures to the satisfaction of the Town Environmental Planner. 5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector, the Town Engineer and the Town Environmental Planner prior to any site disturbance (other than the removal of the existing asphalt driveway). The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval at least seventy- two (72)hours (not including weekends and legal holidays)prior to commencing site work. The Applicant shall notify the Town Building Inspector, the Town Engineer and the Town Environmental Planner at least seventy-two (72) hours (not including weekends and legal holidays) in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impacts. 6. Work conducted under Town permits shall be open to inspection at any time, including weekends and legal holidays, by the Town Building Inspector, the Town Engineer, the Town's Consulting Engineer,the Town Environmental Planner and/or their designated representative(s). 7. The Wetlands and Watercourses Permit shall expire one year from the date it is issued. 8. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 9. Failure to comply with one or more of the conditions of this approval may result in revocation of the Wetlands and Watercourses Permit and any other related permits that the Town Engineer deems appropriate. 10. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to the estimated cost of the improvements within the wetlands buffer, as determined by the Town Engineer. This can be combined with the Erosion and Sediment Control Permit bond, in an amount determined by the Town Engineer, to ensure satisfactory completion of the project and the rehabilitation of the affected and/or disturbed areas. 11. The term "Applicant" is used herein with the intent to impose a future obligation or condition, and shall include the Applicant, as defined above, and any successors or assignees in/of ownership interests in the Property or any portion thereof. 12. With respect to the importation of fill material and land grading, if any, at least seven (7) days prior to the importation of any such material, the Applicant shall provide the Town Engineer with the source of all such material, to the satisfaction of the Town Engineer. 9 Planning Board November 8, 2023 (a) Prior to the issuance of a Certificate of Completion, the Applicant shall provide the Town Engineer with trucking manifests for all fill material imported to the site. (b) All imported fill material shall consist of natural rock or of clean soils meeting the soil constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10 technical memorandum. 13. Prior to the issuance of any Town permits (other than for the removal of the existing asphalt driveway), and to the satisfaction of the Town Engineer, the Applicant shall submit all trucking manifests for imported fill material, if any. 14. Prior to the issuance of any Town permits (other than for the removal of the existing asphalt driveway), the Applicant shall obtain any and all applicable federal and state permits and authorizations. 15. In accordance with Section 114-7(3) of the Town Code, the Applicant shall be required to pay to the Town its actual cost of technical reviews, including, without limitation, consulting fees, prior to the issuance of any Town permits. 16. Prior to the issuance of any permits(other than for the removal of the existing asphalt driveway), the Applicant shall submit to the Town Building Department the required NYSDEC Tidal Wetlands Permit. 17. Prior to the issuance of any letter of completion, the Town Building Inspector shall determine that there are no open violations against the Property. 18. To the satisfaction of the Town Environmental Planner,the Applicant shall install a root-barrier to control the spread of phragmites beyond the wetlands boundary. This decision is hereby certified and shall be shall be filed with the Town Clerk. Application #4 — 176 Myrtle Blvd.—Gjoko & Lucy Shkreli—Site Plan—Public Hearing Mark Mustacato, the applicant's architect, Donald Mazin, the applicant's attorney, Mr. Gjoko Shkreli, and Mr. Nico Shkreli were present to address the Board. The HVAC system was discussed. A letter from Mr, Michael A. Coughlin dated August 26, 2023 was presented to address the two (2) required off-site parking spaces. The Board and the applicant discussed whether an agreement to secure such parking would be necessary. It was agreed that the applicant must submit a written agreement. Motion: To open the public hearing Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Approved Unanimously There were no questions or comments from members of the public. The public hearing remains open. Application #5—110 Murray Ave. -Anthony Calogero & Siobhan Kranz -Residential Site Plan —Continuation of Public Hearing Anthony Calogero & Siobhan Kranz, the owners of the property at 110 Murray Avenue, Alejandro Finol of Moser Architect, and Nick Shirriah, the applicant's engineer, were present to address the Board. 10 Planning Board November 8, 2023 Ms. Kranz stated that a full plan was submitted. Mr. Engel asked for additional details on the permeable surfaces for the driveway and patio and Mr. Finol referenced the civil drawings. There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Unanimously approved Board members discussed the draft resolution prepared by counsel. Motion: To approve the modified resolution approving this residential site plan. Moved by Ira Block seconded by Elizabeth Cooney Action: Unanimously approved RESOLUTION Residential Site Plan Approval 110 Murray Avenue Town of Mamaroneck, New York On motion of Ira Block, seconded by Elizabeth Cooney ,the site plan application of Anthony Calogero & Siobhan Kranz (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck(the "Board") upon the following resolution, which was adopted by a vote of 4 to 0, with no abstentions. WHEREAS, the Applicant has applied for residential site plan approval to construct a rear addition, a new detached garage, a new patio, a stormwater management system and other improvements (the "Application") on property located at 110 Murray Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 1 Block 19 Lot 71 (the "Property"); and WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter 178 of the Town of Mamaroneck Code (the"Residential Site Plan Law"); and WHEREAS, the Applicant has provided all of the information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and WHEREAS, the Secretary of the Planning Board stated for the record that all required referrals were made in accordance with §178-9 of the Residential Site Plan Law and the New York State General Municipal Law and no comments were received; and WHEREAS, the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld Engineering Division, (the"Town's Consulting Engineer") reviewed the following plans submitted in connection with this Application (hereinafter referred to as the "Plans"): • Architectural Plans prepared by Stephen Moser Architect dated May 24, 2023 and last revised October 25, 2023 • Survey prepared by TC Merritts Land Surveyors, dated September 23,2022. • Stormwater Management Plan prepared by Hudson Engineering& Consulting, P.C., dated May 15th, 2023 and last revised October 2, 2023. • Stormwater Management Plan& Drainage Analysis prepared by Hudson Engineering & Consulting, P.C. dated October 2, 2023. • Landscaping Plan prepared by Imbiano Quigley Landscape Architects dated October 20, 2023, and last revised October 20, 2023. WHEREAS, the applicant received from the Town of Mamaroneck Zoning Board of Appeals (the "ZBA") variances (the "ZBA Variances") granting relief from Town of Mamaroneck zoning requirements related to front, rear and side yard setbacks, lot coverage and floor area ratio; and 11 Planning Board November 8, 2023 WHEREAS, the Town Building Inspector, in a memorandum dated October 30, 2023, stated that the proposed plans comply with the ZBA Variances (the "Zoning Compliance Memo"); and WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing for this Application on October 11 and November 8,2023; and WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Town's Coastal Zone Management Commission (the "CZMC") reviewed this matter at its meeting on July 24, 2023 and issued a letter to the Planning Board, dated August 1, 2023, stating that the Applicant's proposal is consistent with the policies of the Local Waterfront Revitalization Program (the"CZMC Letter"); and WHEREAS,based upon comments received from CZMC, the Applicant agreed to use only permeable pavers on the driveway and the patio area, as well as an infiltration system to reduce stormwater runoff from the Property; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act,6 NYCRR§617 et seq. and§92-8.A(22)of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS, the Planning Board has considered the Application, comments and responses to questions by the Applicant and its representatives,the CZMC Letter, the ZBA Variances, the Zoning Compliance Memo, the reports and comments of the Town's Consulting Engineer, and heard and considered any comments from interested members of the public; and WHEREAS, the Board finds that the Application conforms to the standards established by §178-12 of the Residential Site Plan Law. NOW, THEREFORE, BE IT RESOLVED,that the Planning Board APPROVES the Application as reflected in the hereinabove specified Plans submitted in connection with the Application, subject to the following terms and conditions: Conditions: 1. All site work shall be in accordance with the latest revised Plans, as hereinabove referenced, as conditioned and/or modified in accordance with the direction of the Planning Board, which modifications were agreed to by the Applicant. 2. The Applicant shall submit the final plans to the Town Building Inspector and the Town Engineer for review and approval prior to the granting of any building permits. 3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 4. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require any modification to the site plan approved by this resolution, a determination shall be made by the Town Engineer as to whether the modification is material and thus should be further considered by the Planning Board. 5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector and the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer for approval at least seventy-two (72) hours (not including weekends and legal holidays) prior to commencing site work. The Applicant shall notify the Town Building Inspector and Town Engineer at least seventy-two (72) hours (not including weekends and legal holidays)in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impacts. 12 Planning Board November 8, 2023 6. Work conducted under Town permits shall be open to inspection at any time, including weekends and legal holidays,by the Town of Mamaroneck Building Inspector,the Town Engineer,the Town's Consulting Engineer, the Town's Environmental Planner and/or their designated representative(s). 7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a site plan signed by the Town Engineer is delivered to the Town Building Inspector. 8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of the Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior HVAC equipment and the generator conform to modern industry standards for sound emission, and that best practices for sound mitigation have been implemented. 9. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Applicant shall deliver to the Town Building Department, in a form and size acceptable to the Town Engineer, on paper and digitally, an "as built" survey, signed and sealed by a New York State licensed surveyor, including, but not limited to, all constructed improvements, site utilities and stormwater management structures. 10. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy or Certificate of Completion shall be issued until all of the required conditions of this approval have been met. 11. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successors or assignees in/of an ownership interest of the Property or any portion thereof. 12. All tree removal,protection and landscape plantings shall be in compliance with the approved Plans and Chapter 207 of the Town Code (Trees),to the satisfaction of the Town Environ-mental Planner. 13. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 14. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to pay to the Town its actual cost of technical reviews, including, without limitation, consulting fees,prior to the issuance of any Town permits. 15. If there is to be any mechanical rock removal on the Property, the Applicant shall comply with Section 106-58.1 of the Code of the Town of Mamaroneck(the Town's mechanical rock removal law) and shall provide a complete copy of the survey required by that Section to the owner(s) of the applicable surveyed lot(s) at least ten (10) days before the mechanical rock removal commences. 16. With respect to the importation of fill material and land grading, if any, at least seven(7)days prior to the importation of any such material, the Applicant shall provide the Town Engineer with the source of all such material, to the satisfaction of the Town Engineer. (c) Prior to the issuance of a Certificate of Occupancy or Certificate of Completion, the Applicant shall provide the Town Engineer with trucking manifests for all fill material imported to the site. (d) All imported fill material shall consist of natural rock or of clean soils meeting the soil constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10 technical memorandum. 17. The Applicant shall ensure that the driveway and patio area continue to utilize only permeable pavers, and that all walkways use only permeable pavers or gravel. 18. All landscaping shown on this plan shall be maintained in a vigorous growing condition throughout the duration of the use. All plants not so maintained shall be replaced with new plants of comparable size and quality no later than at the beginning of the next immediately following growing season. 13 Planning Board November 8, 2023 19. During construction, there shall be no parking of construction vehicles at any time on Murray Avenue. This decision is hereby certified and shall be filed with the Town Clerk. Application #6—7 Split Tree - SAML LLC -Residential Site Plan,Wetlands & Watercourses Permit- Consideration Steve Marsh, the property owner, and Benedict Salanitro, the applicant's engineer,were present to address the Board. Mr. Marsh and Mr. Salanitro presented plans for new construction of a single- family home and work within 100 feet of a wetlands buffer. Mr. Oliveri said he is in the process of creating a memo for the applicant and will wait to see updated plans which may address some comments. Mr. Engel asked why so many trees were being cut, and Mr. Marsh discussed the need for a retaining wall due to flooding on the property. Location of the generator and HVAC were discussed. Motion: To schedule the public hearing for December 13, 2023 and refer the application to CZMC Moved by Edmund Papazian seconded by Elizabeth Cooney Action: Approved Unanimously Application #7 - 7 Madison Avenue - 7 Madison Ave Inc. - New Special Use Permit Thomas Torre, property owner, Ali Alzendani and Amad Zandani of 7 Madison Ave. Inc. were present to address the Board. Mr. Torre stated that the application was to convert the property to a deli with no proposed changes to the site plan. Mr. Engel asked if there would be onsite eating to which Mr. Torre replied no. There was discussion of exterior signage, parking, and exterior lighting. There was also discussion of the hours of operation. Motion: To schedule the public hearing for December 13, 2023 and refer the application to CZMC Moved by Elizabeth Cooney seconded by Ira Block Action: Approved Unanimously Counsel was requested to prepare a draft resolution for the next meeting. OTHER BUSINESS 1. Jesse Singh and a representative of his company were present to introduce themselves and inquire about the process for future submission of an application to develop 99 Colonial Avenue. 2. Board members discussed proposed revisions to Chapter 177 of the Town Code (Site Plan Review) prepared by the Town Attorney, William Maker, with input from Ms. Hochman, Town staff and Mr. Engel. Motion: To adjourn the meeting at 10:12 P.M. Moved by Ira Block seconded by Elizabeth Cooney Action: Approved Unanimously Minutes prepared by Jami Sheeky Planning Board Secretary 14