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HomeMy WebLinkAbout2024_06_05 Town Board Meeting Packet w rri H FOUNDED 1661 Town of Mamaroneck Town Board Agenda Wednesday, June 5, 2024 All Work Sessions and Regular Meetings are open to the public. Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room A located on the Second Floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Housing Authority - Lease Amendment and Resolution 4 - 20 Housing Authority - Lease Amendment and Resolution - Pdf 2. Discussion - Affordable Housing Agreement - Housing Action Council 21 - 23 Affordable Housing Agreement - Housing Action Council - Pdf 3. Discussion - "Supersession of Portions of Section 244-a (8) of the New York 24 - 43 Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non-Residential Development" "Supersession of Portions of Section 244-a (8) of the New York Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non-Residential Development" - Pdf 4. Discussion - 2024 Capital Budget Amendments 44 - 46 2024 Capital Budget Amendments - Pdf 5. Discussion - Review of Bid Results - TA-24-06 Parks Department and Sign 47 - 51 Shop Facility Reconstruction Review of Bid Results - TA-24-06 Parks Department & Sign Shop Facility Reconstruction - Pdf 6. Discussion - Review of Easement Agreement Private Drain Connection - 670 52 - 69 Forest Avenue Review of Easement Agreement Private Drain Connection - 670 Forest Avenue - Pdf 7. Discussion - Local Law Regarding Overnight Parking 70 - 74 Local Law Regarding Overnight Parking - Pdf 8. Discussion - Standard Work Day and Reporting Resolution for Elected and 75 - 78 Appointed Officials Standard Work Day and Reporting Resolution for Elected and Appointed Officials - Pdf 9. Discussion - Proposed Town Board Meeting Dates 79 Page 1 of 223 Proposed Town Board Meeting Dates - Pdf 10. Request for Executive Session 11. Updates 12. Additions to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Courtroom Located on the second floor of the Town Center. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) 1. Garbage District Bonding 80 6---2024-05-19-PH-Notice-for-Garbage-Truck-PDF 2. Water District Bonding 81 8---2024-05-19-PH-Notice-for-WD-Park-Lane-Tank-PDF RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS 1. Westchester Power Presentation by Sustainable Westchester 82 - 145 Westchester Power Presentation 2. Police Department Awards BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 146 - 148 Fire Claims - Pdf 3. Fire Report 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of Approval - Housing Authority - Lease Amendment and 149 - 165 Resolution Housing Authority - Lease Amendment and Resolution - Pdf 2. Consideration of Approval - Affordable Housing Agreement - Housing Action 166 - 168 Council Affordable Housing Agreement - Housing Action Council - Pdf 3. Consideration to Set a Public Hearing -"Supersession of Portions of Section 169 - 188 244-a (8) of the New York Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non-Residential Development" "Supersession of Portions of Section 244-a (8) of the New York Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non-Residential Development" - Pdf Page 2 of 223 4. Consideration of Approval - 2024 Capital Budget Amendments 189 - 191 2024 Capital Budget Amendments - Pdf 5. Review of Bid Results - TA-24-06 Parks Department and Sign Shop Facility 192 - 196 Reconstruction Review of Bid Results - TA-24-06 Parks Department & Sign Shop Facility Reconstruction - Pdf 6. Consideration of Approval - Easement Agreement Private Drain Connection - 197 - 214 670 Forest Avenue Review of Easement Agreement Private Drain Connection - 670 Forest Avenue - Pdf 7. Consideration to Set a Public Hearing - Local Law Regarding Overnight 215 - 219 Parking Local Law Regarding Overnight Parking - Pdf 8. Consideration of Approval - Standard Work Day and Reporting Resolution for 220 - 223 Elected and Appointed Officials Standard Work Day and Reporting Resolution for Elected and Appointed Officials - Pdf REPORTS OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - June 26, 2024 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 3 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Housing Authority - Lease Amendment and Resolution Date: June 5, 2024 Attached is an amendment to the ground lease with the Housing Authority. The last amendment was done in 2015. This amendment specifies the limitations on income for subtenants, increases the number of apartments to be sublet to those holding Section 8 vouchers and eliminates the lottery system for subletting individual apartments. The Housing Authority approved this proposed amendment at their May 6, 2024 meeting and is now seeking approval from the Town Board. Action Requested: Resolved that the Town Board hereby approves the lease amendment with the Town of Mamaroneck Housing Authority and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Lease Amendment 5.13.2024 TMHA Lease Amendment Resolution - 2024 5.13.2024 Page 4 of 223 AMENDMENT TO THE GROUND LEASE BETWEEN THE TOWN OF MAMARONECK AND THE TOWN OF MAMARONECK HOUSING AUTHORITY This amendment is between the Town of Mamaroneck, a municipal corporation, having an address at Town Center, 740 West Boston Post Road, Mamaroneck, New York 10543 (Landlord) and the Town of Mamaroneck Housing Authority, a municipal housing authority established by section 569 of the New York Public Housing Law,having an address at 740 West Boston Post Road, Mamaroneck, New York (Tenant). Recitals Whereas, the parties entered into a Ground Lease on July 19, 1993 whereby the Landlord leased to the Tenant the land owned by the Landlord that is described in Schedule "A" to the Ground Lease whereon the Tenant constructed fifty-four (54) residential rental apartment units, now known as the Hommocks Park Apartments (Apartments), to be sublet to persons with limited income, and Whereas, the Tenant has been subletting fifty-three (53) such apartments (one being reserved for an on-site superintendent) ever since construction was completed, and Whereas,the parties amended the Ground Lease on June 9,2015, and Whereas, the parties wish to amend the lease further to specify the limitations on income for subtenants of the Apartments, to increase the number of apartments to be sublet to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program(see USC 42 USC §1437 [f]) and to eliminate an archaic lottery system for subletting the individual apartments. Now, therefore, intending to be bound, the parties agree as follows: Page 5 of 223 First: Section 5 A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: A. The Tenant's subtenants shall be selected in accordance with the selection criteria contained in Schedule "A" hereto. Notwithstanding such criteria, the Tenant shall utilize its best efforts to sublet no less than sixteen (16) of the apartments to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program (see USC 42 USC§1437 [f]). Second: Schedule A of the Ground Lease as amended on June 9,2015 is amended by adding the following definitions below the title of Schedule A and above section "I.: General Eligibility Requirements upon initial application" Definitions. For the purpose of this Schedule, the following terms shall have the following meanings: "Household"means the person who is, or is applying to become, a subtenant and each person who does, or will, reside in the apartment sublet or to be sublet to such person. "Income" means the annual (1) compensation for services performed, interest, dividends, social security benefits, unemployment insurance benefits, worker's compensation benefits, veteran's benefits, public assistance, alimony or maintenance, child support, rent or lease payments, royalties, licenses and distributions from (a) individual retirement accounts, (b) 401 K or other types of retirement plans or pension plans, (c) annuities, (d) trusts, (e) estates, (f) 2 Page 6 of 223 corporations, (g) limited liability companies, (h) sole proprietorships, or (i) partnerships whether or not the receipt of such payment is taxed as income by the United States and (2) amounts paid by persons who are not members of the household to or for the benefit of any member of the household. "Median gross income" means the median gross income contained in the most recent publication by the Unites States government of median gross incomes for family units in Westchester County, New York at the time that the application to become a subtenant or to renew a sublease is made. If no such publication exists, the Tenant shall use the most reliable source for such information it can find. Third: Section I A.of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and the following substituted in its place: I. General Eligibility Requirements upon Initial Application A. Income Requirements. A person applying to be a subtenant shall be offered a lease if the person's household income is certified by the Tenant or its designee as being no more than eighty (80%) percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. To make such certification,the applicant shall submit to the Tenant or its designee (1) the items reasonably needed to determine the applicant's household income and (2) a certification signed by the applicant, under oath, that the information submitted is accurate and contains complete documentation of the household's entire income. 3 Page 7 of 223 The goal of the Ground Lease is to provide affordable housing to persons in need of such housing on an ongoing basis. In order to keep rents at affordable levels, the Tenant must be confident that an applicant will be able to pay the rent on a timely basis. Therefore, in addition to income, the Tenant shall consider the applicant's creditworthiness. To do so, the applicant shall deliver to the Tenant or its designee a signed release or similar instrument that will allow the Tenant or its designee to confirm the accuracy of the information submitted and to obtain a credit report of the applicant. Notwithstanding, Subtenant's income eligibility alone does not automatically entitle subtenant to a lease as there may be other factor(s)that would otherwise disqualify a subtenant from being offered same and Tenant may, at its discretion, decline to offer a lease based on these other factor(s) so long as such decision does not violate applicable relevant State and or Federal law(s), regulation(s) and/or policy, etc. Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended by deleting from subsection B thereof the words: "and will use a lottery system to determine the order in which it will review applications within each Tiers (sic)." No change is made to the remaining portion of subsection B which shall remain in full force and effect. Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: IV. Renewal Policy 4 Page 8 of 223 A. Subtenant whose lease expires in 2024 An existing subtenant whose lease term expires during 2024 and who is not in violation of the existing lease shall be allowed to renew the lease for a one-year period at a rent equal to one hundred and four (104%) percent of the amount of the subtenant's current monthly rent regardless of the household income. B. Subtenant whose lease expires in 2025 and whose household income is no greater than 80%of Median Gross Income A subtenant whose lease term expires during 2025 and who is not in violation of the then existing lease shall be allowed to renew the lease for a one-year period at a rent equal to the adjusted rent amount as set by the Town of Mamaroneck Housing Authority Board for 2025 if the household income is recertified by the Tenant or its designee as being no more than eighty (80%) percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. C. Subtenant whose lease expires in 2025 and whose household income is more than 80% of Median Gross Income but not greater than 90% of Median Gross Income A subtenant whose lease term expires during 2025 who is not in violation of the existing lease and whose household income is recertified by the Tenant or its designee as being more than 80%of median gross income but not greater than 90% of median gross income for a family unit in Westchester County,New York which has the same number of people as there are members of the household shall be 5 Page 9 of 223 allowed to renew the lease for a one-year period at a rent equal to thirty (30%) percent of the household income. D. Subtenant whose lease expires in 2025 and whose household income is greater than 90% of Median Gross Income A subtenant whose lease term expires in 2025 shall NOT be allowed to renew the lease IF the household income is recertified by the Tenant or its designee as being greater than ninety(90%) percent of the median gross income for a family unit in Westchester County,New York which has the same number of people as there are members of the household at such rent as the Tenant determines;provided the law allows the Tenant to charge rent of that amount. E. Subtenant whose lease expires in 2026 or in a later year A subtenant whose lease term expires during 2026 or during any later year and who is not in violation of the then existing lease shall be allowed to renew the lease for a one-year period at a rent equal to the amount set by the Town of Mamaroneck Housing Authority Board for the year of the renewal only if the household income is recertified by the Tenant or its designee as being no more than eighty (80%) percent of the median gross income for a family unit in Westchester County,New York which has the same number of people as there are members of the household. For 2026 and beyond, the TMHA will not issue a lease renewal for any tenant whose household income is more than 80% of Median Gross Income but not greater than 90% of Median Gross Income F. Recertification 6 Page 10 of 223 (a)The TMHA will each year issue to eligible subtenants a proposed renewal lease. The timing for the issuance of renewal leases will be in accordance with New York State law governing notifications to subtenants based upon proposed rent increases.(b) The Tenant or a person designated by the Tenant to recertify the subtenant's income shall submit to the subtenant (1) a list of the items needed to determine the subtenant's household income, (2) a proposed certification to be signed by the subtenant, under oath, that the information to be submitted is accurate and contains complete documentation of the household's entire income and (3) a proposed release to allow the Tenant or its designee to confirm the accuracy of the information to be submitted and to obtain a credit report of the Tenant. The subtenant shall deliver the items requested, the signed certification and the signed release to the Tenant or the Tenant's designee within 30 days after receiving the aforementioned list. A subtenant's failure to submit the required items within such 30-day period will allow (but not require) the Tenant to refuse to renew such lease. Sixth: The signatories to this amendment represent that he or she has the right to enter into this amendment on behalf of the party for which he or she is signing this amendment, (ii)the consent of a third party is not required to perfect such authority, (iii) the party on whose behalf he or she is signing this amendment has undertaken all actions required to enter into this amendment, and (iv)his or her signature represents the binding obligation of such entity. Seventh: (a)This amendment constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there has been and are no 7 Page 11 of 223 representations, warranties, covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this amendment — whether oral or in writing — are superseded by this amendment and do not survive it as this document expresses the parties' entire understanding regarding the subject matter contained herein. (b) This amendment may only be changed by a writing executed by a duly authorized representative of each party. Eighth: This amendment may be executed in one or more counterparts, each of which shall be considered an original.Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Ninth: Whenever required or appropriate,words in the singular number shall be construed as if they were in the plural number Tenth: This amendment shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. Any litigation arising out of this amendment shall be brought in the Supreme Court of the State of New York in and for the County of Westchester. Eleventh: If any court of competent jurisdiction holds any provision of this amendment invalid or unenforceable,the other provisions of this amendment will remain in full force and effect.Any provision of this amendment held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such other documents and to perform such other acts as may, from time to time, be reasonably required to give full force and effect to the intent and purpose of this amendment. 8 Page 12 of 223 In witness whereof, the parties have caused this amendment to be executed by their duly authorized representatives. Town of Mamaroneck By: Meredith S. Robson, Town Administrator Town of Mamaroneck Housing Authority By: Joseph Mileto,Chairman May 13,2024 9 Page 13 of 223 EXTRACT OF THE MINUTES OF THE MEETING OF THE MAMARONECK HOUSING AUTHORITY HELD MAY 6,2024 BEGINNING AT 7:30 PM,AT THE MAMARONECK TOWN CENTER,740 WEST BOSTON POSRT ROAD,MAMARONECK,NY 10543. CONSIDERATION OF LEASE AMENDMENT—TOWN OF MAMARONECK RESOLUTION TO AMEND THE LEASE AGREEMENT BETWEEN THE TOWN OF MAMARONECK AND THE MAMARONECK HOUSING AUTHORITY. This amendment is between the Town of Mamaroneck,a municipal corporation, having an address at Town Center,740 West Boston Post Road, Mamaroneck, New York 10543(Landlord)and the Town of Mamaroneck Housing Authority, a municipal housing authority established by section 569 of the New York Public Housing Law, having an address at 740 West Boston Post Road, Mamaroneck, New York (Tenant). Recitals Whereas,the parties entered into a Ground Lease on July 19,1993 whereby the Landlord leased to the Tenant the land owned by the Landlord that is described in Schedule "A"to the Ground Lease whereon the Tenant constructed fifty-four(54) residential rental apartment units, now known as the Hommocks Park Apartments(Apartments),to be sublet to persons with limited income, and Whereas,the Tenant has been subletting fifty-three(53)such apartments(one being reserved for an on-site superintendent)ever since construction was completed,and Whereas,the parties amended the Ground Lease on June 9,2015,and Whereas,the parties wish to amend the lease further to specify the limitations on income for subtenants of the Apartments, to increase the number of apartments to be sublet to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program(see USC 42 USC§1437 If])and to eliminate an archaic lottery system for subletting the individual apartments. Now,therefore,intending to be bound,the parties agree as follows: First: Section 5 A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: A. The Tenant's subtenants shall be selected in accordance with the selection criteria contained in Schedule"A" hereto. Notwithstanding such criteria,the Tenant shall utilize its best efforts to sublet no less than sixteen (16)of the apartments to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program(see USC 42 USC§1437[f]). 1 Page 14 of 22 , Second: Schedule A of the Ground Lease as amended on June 9, 2015 is amended by adding the following definitions below the title of Schedule A and above section"I.:General Eligibility Requirements upon initial application" Definitions. For the purpose of this Schedule,the following terms shall have the following meanings: "Household"means the person who is,or is applying to become,a subtenant and each person who does,or will,reside in the apartment sublet or to be sublet to such person. "Income" means the annual (1) compensation for services performed, interest, dividends, social security benefits, unemployment insurance benefits, worker's compensation benefits, veteran's benefits, public assistance, alimony or maintenance, child support, rent or lease payments, royalties, licenses and distributions from (a) individual retirement accounts,(b)401 K or other types of retirement plans or pension plans,(c)annuities,(d)trusts,(e)estates,(f)corporations,(g)limited liability companies, (h)sole proprietorships,or(i)partnerships whether or not the receipt of such payment is taxed as income by the United States and(2) amounts paid by persons who are not members of the household to or for the benefit of any member of the household. "Median gross income" means the median gross Income contained in the most recent publication by the Unites States government of median gross incomes for family units in Westchester County, New York at the time that the application to become a subtenant or to renew a sublease is made. If no such publication exists,the Tenant shall use the most reliable source for such information it can find. Third: Section I A.of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: I. General Eligibility Requirements upon Initial Application A. Income Requirements. A person applying to be a subtenant shall be offered a lease if the person's household income is certified by the Tenant or its designee as being no more than eighty (80%) percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. To make such certification,the applicant shall submit to the Tenant or its designee(1)the items reasonably needed to determine the applicant's household income and (2) a 2 Page 15 of 225 certification signed by the applicant, under oath, that the information submitted is accurate and contains complete documentation of the household's entire income. The goal of the Ground Lease is to provide affordable housing to persons in need of such housing on an ongoing basis. In order to keep rents at affordable levels, the Tenant must be confident that an applicant will be able to pay the rent on a timely basis. Therefore, in addition to income, the Tenant shall consider the applicant's creditworthiness. To do so,the applicant shall deliver to the Tenant or its designee a signed release or similar instrument that will allow the Tenant or its designee to confirm iI the accuracy of the information submitted and to obtain a credit report of the applicant. Notwithstanding, Subtenant's income eligibility alone does not automatically entitle subtenant to a lease as there may be other factor(s)that would otherwise disqualify a subtenant from being offered same and Tenant may,at its discretion,decline to offer a lease based on these other factor(s)so long as such decision does not violate applicable relevant State and or Federal law(s),regulation(s)and/or policy,etc. Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended by deleting from subsection B thereof the words: "and will use a lottery system to determine the order in which it will review applications within each Tiers(sic)." No change is made to the remaining portion of subsection B which shall remain in full force and effect. Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and the following substituted in its place: IV.Renewal Policy A. Subtenant whose lease expires in 2024 An existing subtenant whose lease term expires during 2024 and who is not in violation of the existing lease shall be allowed to renew the lease for a one-year period at a rent equal to one hundred and four(104%)percent of the amount of the subtenant's current monthly rent regardless of the household income. B. Subtenant whose lease expires in 2025 and whose household income is no greater than 80%of Median Gross Income A subtenant whose lease term expires during 2025 and who is not in violation of the then existing lease shall be allowed to renew the lease for a one-year period at a rent equal to the adjusted rent amount as set by the Town of Mamaroneck Housing Authority Board for 2025 if the household income is recertified by the Tenant or Its 3 Page 16 of 22 designee as being nn more than eighty(80%)percent of the median gross income for a � family unit in Westchester County, New York which has the same number of people as { | there are members of the household. � C. Subtenant whose lease expires in zuasand mhpm, household income ismore than 8o%vf Median Gross Income but not greater than yo%o[Median Gross ' Income ! | / x subtenant whose lease term expires during 2025 who is not in violation pf the existing 1 lease and whose household income is recertified by the Tenant or its designee as being more than gn% of median gross income but not greater than yu% of median gross � income for a family unit in Westchester County, New York which has the same number of people as there are members uf the household shall bp allowed »orenew the lease / for a one-year period at a rent equal to thirty(30%)percent of the household Income. | D. Subtenant whose lease expires m zoas and whose household income isgreater | than y0%of Median Gross Income . A subtenant whose lease term expires|nzoas shall NOT hp allowed tn renew the lease | IF the household income is recertified bv the Tenant ur its designee as being greater | than ninety(yo%)percent of the median gross income for a family unit mWestchester County, New York which has the same number of people as there are members u,the household at such rent as the Tenant determines;provided the law allows the Tenant m charge rent of that amount. � E. Subtenant whose lease expires inzozav,|nu later vear � ` xsubtenant whose lease term expires during uouao,during any later year and who is not m violation of the then existing lease shall be allowed to renew the lease for a one- year pe,ind at rent equal to the amount ,et hv the Town of Mamaroneck Housing Authority Board for the year of the renewal only if the household income is recertified � | by the Tenant n,its designee as being nomore than eighty(80%)percent of the median gross income for family unit in Westchester County, New York which has the same / number vf people as there are members of the household. For Z0%6 and beyond,the / ' nw*AwiU not issue o |eup, renewal for any tenant whose household income is more / � mha"m%of Median Gross Income but not greater than 90%of Median Gross Income / F. Recertification ! (a)The TxxnA will each year issue m eligible subtenants a proposed renewal lease. The � timing for the issuance of renewal leases will be in accordance with New York State law 4 i Page 17of22 ' governing notifications to subtenants based upon proposed rent increases.(b) The Tenant or a person designated by the Tenant to recertify the subtenant's income shall submit to the subtenant (1) a list of the items needed to determine the subtenant's household income, (2) a proposed certification to be signed by the subtenant, under oath, that the information to be submitted is accurate and contains complete documentation of the household's entire income and (3) a proposed release to allow the Tenant or its designee to confirm the accuracy of the information to be submitted and to obtain a credit report of the Tenant. The subtenant shall deliver the items requested,the signed certification and the signed release to the Tenant or the Tenant's designee within 30 days after receiving the aforementioned list. A subtenant's failure to submit the required items within such 30-day period will allow (but not require) the Tenant to refuse to renew such lease. Sixth: The signatories to this amendment represent that he or she has the right to enter into this amendment on behalf of the party for which he or she is signing this amendment,(ii)the consent of a third party is not required to perfect such authority,(iii)the party on whose behalf he or she is signing this amendment has undertaken all actions required to enter into this amendment,and (iv) his or her signature represents the binding obligation of such entity. Seventh: (a)This amendment constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there has been and are no representations, warranties, covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this amendment— whether oral or in writing—are superseded by this amendment and do not survive it as this document expresses the parties'entire understanding regarding the subject matter contained herein. (b)This amendment may only be changed by a writing executed by a duly authorized representative of each party. Eighth: This amendment may be executed In one or more counterparts, each of which shall be considered an original. Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Ninth: Whenever required or appropriate,words in the singular number shall be construed as if they were in the plural number 5 Page 18 of 225 Tenth: This amendment shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. Any litigation arising out of this amendment shall be brought in the Supreme Court of the State of New York in and for the County of Westchester. Eleventh: If any court of competent jurisdiction holds any provision of this amendment invalid or unenforceable,the other provisions of this amendment will remain in full force and effect.Any provision of this amendment held invalid or unenforceable only In part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such other documents and to perform such other acts as may,from time to time,be reasonably required to give full force and effect to the intent and purpose of this amendment. RESOLVED,that the Board of the Town of Mamaroneck Housing Authority hereby adopt the lease amendments and be it, Further Resolved,that the Chairman of the Housing Authority is hereby authorized to execute the lease amendment with the Town. The above resolution was approved on motion from Mr.Lawrence Thaul and seconded by Ms.Christie Philbrick-Wheaton. COUNTY OF WESTCHESTER }SS.: MAMARONECK HOUSING AUTHORITY I do hereby certify that I have compared the annexed Resolution with the original on file in my office,and that the same is a true and correct transcript therefrom and of the whole of the said original Resolution,which was duly passed by the Mamaroneck Housing Authority,a quorum being present May 6,2024. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Corporate Seal of said the Mamaroneck Housing Authority,this 13th day of May,2024. Marge ,Secretary o the Mamaroneck Housing Authority I - {Vk[ 6 Page 19 of 223 • • • _ • • • • • • Page 20 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Affordable Housing Agreement- Housing Action Council Date: June 5, 2024 Attached is a proposal from Rose Noonan, Executive Director of the Housing Action Council (HAC), to the Town of Mamaroneck to qualify and certify individuals for affordable housing at the Cambium complex. If approved, the HAC would be responsible for recertifying subtenants on an annual basis and qualifying prospective occupants as vacancies arise. The HAC would replace SJY Management as the service provider for managing the qualification and certification process for affordable housing units for the Cambium. Action Requested: Resolved that the Town Board hereby approves the agreement with Housing Action Council to qualify and certify individuals for affordable housing units for the Cambium Condominiums based on the proposal dated March 16, 2024, and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Housing Action Council_Affordable Housing Page 21 of 223 HOUSING H4 ACTION COUNCIL 55 South Broadway, 2nd FI • Tarrytown - NY 10591 Phone (914) 332-4144 • Fax (914) 332-4147 March 16, 2024 TO: Meredith S. Robson Town Administrator Town of Mamaroneck FROM: Rose Noonan Executive Director RE: Affordable Housing Qualifying/Certifying of Households for Affordable Housing Thank you for requesting a proposal from Housing Action Council("HAC")to provide services to the Town of Mamaroneck to qualify and certify individuals for affordable housing units. It is my understanding that the Cambium includes 10 affordable units that are currently occupied and that current occupants must be recertified on an annual basis and that when vacancies occur,prospective occupants must be qualified. I assume there is a waitlist. Affordable rental housing units developed pursuant to the Fair& Affordable Housing provisions of your Zoning Ordinance(§240-28) must be occupied by qualified households and their household incomes must be recertified annually. Affordable for-sale units must be initially occupied by qualified households. No annual recertification is required. The Town has designated the County of Westchester("County") as the agency responsible for administering the Fair & Affordable Housing provisions. This includes the affirmative marketing requirements, conducting the lottery and overall monitoring. It does not include qualification and recertification. It is my understanding that at this time no affordable housing units have been developed under this Code. The Housing Action Council has extensive experience in qualifying prospective applicants and recertifying tenants in affordable units including The Danforth in Dobbs Ferry, Saw Mill Lofts in Hastings-on-Hudson, and the City of New Rochelle Affordable Housing Program. Below is a description of services: HAC qualifies applicants in the order of their lottery number and household size. Applications are reviewed to determine their completeness and income qualification,and in accordance with any selection criteria. HAC follows HUD's Part V Determination of Income requirements. The following documents are reviewed: • Six(6) most recent paystubs • Federal Tax Returns with all schedules • W-2s and 1099s • If self-employed Profit& Loss Statement • Most recent three months of all bank, credit union and investment statements • Most recent statement of social security benefits and/or other benefits statements • Most recent statement of annuity payments • Most recent statement of retirement fund accounts (e.g.,403(b) and 401(k)) Page 22 of 223 • Birth certificate, driver's license, passport, military ID, state issued ID cards or other appropriate documentation Applications are rejected from consideration if the applicant does not meet income requirements or if the household size exceeds or is over the occupancy standard for the units available. Rejected applicants are notified in writing of the grounds for the rejection and are given 14 days from the date of the letter to request a meeting with HAC to discuss and/or review the rejection. In the event that the applicant requests such a meeting, HAC will schedule a meeting with the applicant within five(5) days of such request. The applicant may bring additional data to support their appeal, or present a verbal explanation or why they should not be denied occupancy. Factors taken into consideration include but are not limited to: evidence or rehabilitation or repair of the disqualifying act; length of time since the occurrence of the disqualifying act;evidence of additional income,savings or the availability of gift funds; or the likelihood of the reoccurrence of the disqualifying act. A written decision of the appeal will be provided to the applicant within five(5)days of the meeting. Qualified applicants will be offered a unit subject to the owner/manager's screening criteria in the case of tenancy or securing a responsible mortgage in the case of for-sale units. Housing Action Council is available to assist a purchaser through the mortgage approval process. HAC will provide periodic report to the Town on status of lease-ups and sales of any affordable units. For recertification, HAC will conduct the same analysis of household income determination and household composition. In addition, Housing Action Council will: • Set up a database to determine timing of annual recertifications • Provide timely notices to tenants re: recertification • Collect and analyze income documents;follow-up with tenants as needed • Notify tenants of determination • Provide semi-annual and annual report to Town Our current fee schedule is as follows: Screening& Qualifying Applicants for For-Sale Affordable Units -- $2500/closed unit Screening and Qualifying Applicants for Affordable Rental Units --$1000/leased unit Recertification of Existing Tenants in Affordable Rental Units-- $400/unit We generally increase our fees 2%to 3%annually. Please let me know if you would like to discuss the proposal.. Thank you for the opportunity. Page 23 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: "Supersession of Portions of Section 244-a (8) of the New York Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non-Residential Development" Date: June 5, 2024 Attached is a memo from Town Attorney, Bill Maker, regarding a local law that would update the procedures for acceptance of site plan applications. Should the Board find this proposed local law acceptable in its current state, it still must supersede Town Law §274-a (8) before this revision can be effective. If approved, the Board must set public hearings for both the site plan law and the supersession law. I offer the following resolution: Action Requested: Resolved that the Town Board does hereby set the date for a Public Hearing for both the "Supersession of Portions of Section 244-a (8) of the New York Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non- Residential Development" Law for June 26,2024. Attachment/s: 2024-05-31-mx and LLs Page 24 of 223 0• -5, ff '1 oSti ii_ 15 Town of Mamaroneck L -- County of Westchester ':FOUNDED 4661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914 /381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board ccs: Meredith S. Robson, Town Administrator Allison May,Town Clerk Ralph Engel, Chair of the Planning Board From: William Maker,Jr., Attorney for the Town Subject: Revision of the Site Plan law Date: May 31, 2024 I attach both a redlined and a final version of the proposed law. The difference from the version reviewed on May 22 is the replacement of 62-day deadlines with 90-day deadlines for applications filed or public hearings closed or waived during the summer months. The Town Board still must supersede Town Law§274-a (8) before this revision of the site plan law can be effective. Hence,if the Town Board considers this proposed law worthy of public discussion, it may set public hearings for both this law and the supersession law. After those hearings are closed, the Town Board can decide whether to enact these local laws. For convenience, I also attach a copy of the proposed supersession law. Page 25 of 223 Local Law No. -2024 This local law shall be known as the "Update of the Procedures for Site Plan Review of Non- Residential Development" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: Based upon the Planning Board's experience in handling applications for site plan review, certain aspects of the process are updated by this local law to make the process run more smoothly both for applicants and the Planning Board. Section 2-Amendment of a current section of the Mamaroneck Code: Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-9 Pre-submission conference. A. Prior to the submission of a site plan application, the applicant and/or the applicant's authorized representative shall meet in person or virtually with a group consisting of some or all of the following persons: the Building Inspector, the Director of Building Code Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer, the Environmental Planner or Coordinator, the Attorney for the Planning Board, the Attorney for the Town and any other Town employees or outside consultants invited to the conference by the Town. The purpose of such conference shall be to discuss proposed uses or development, identify potential issues and review the procedural requirements for a site plan application so that the applicant will have a better understanding of the process for site plan approval. B. An application for site plan approval involving a parcel that requires variances of any kind for its proposed use must include a copy of the resolutions adopted by the Board of Appeals granting such variances. If a requisite variance has not been obtained at the time such application is filed, the applicant may include with the application a list of all variances that the proposed site plan will require. The Planning Board may consider the application but will not grant site plan approval until the applicant presents a copy of the resolutions adopted by the Board of Appeals granting such variances. The grant of a variance shall not require the Planning Board to grant site plan approval. Page 26 of 223 C. If a use for which a special use permit already has been issued will continue, and if such special use permit is still in effect, the application for site plan approval shall contain a copy of the most recent special use permit. D. If the application for site plan approval will require a new or amended special use permit, the application for site plan approval shall be accompanied by an application for a special use permit. Section 3—Amendment of a current section of the Mamaroneck Code: Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-10 Contents of application;filing. A. Within six months of the later of the pre-submission conference or the grant of all required variances, the applicant shall file with the Building Department an application for site plan approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan prepared by a New York State licensed architect or a New York State licensed professional engineer under his/her professional seal and a copy of a certified survey prepared by a New York State licensed surveyor under his/her professional seal on which is superimposed the site, as it exists at the time of the application. Unless the Building Department requests a different number, there shall be at least three (3) full-size copies, nine (9) reduced-size copies of the aforementioned items and one copy in a digital format acceptable to the Engineer. The size, type and quantity of all additional submissions shall be the same as the original submission. The detailed development plan shall contain the information specified below: (1) A map showing the applicant's entire property and adjacent properties, including all improvements thereon, and streets, within a radius of five hundred (500) feet from the perimeter of the site, at a scale of not more than fifty (50) feet to the inch and all easements, licenses, leases, covenants and other restrictions, if any, other than zoning,that affect the proposed use of the land. (2) The present and the proposed use, location, height and design of all existing and proposed buildings and structures whether or not designated for demolition or removal,including front, rear and side elevations. (3) Any proposed division of buildings and structures. 2 Page 27 of 223 (4) Any proposed division of any building into units of separate occupancy. (5) The proposed spatial arrangement of land uses. (6) Existing topography and proposed grade elevations at intervals of two (2) feet or less, unless the Engineer determines that such information is unnecessary for site plan review. (7) The location of all existing watercourses, waterbodies, intermittent streams wetland areas, designated floodplains, rock outcroppings, wooded areas and other significant existing features. (8) The configuration of all existing and proposed public and private roads, drives and walkways. (9) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (10) The location of all proposed parking and truck-loading/unloading areas, with access and egress drives thereto. (11) The directional flow of traffic and the location of all proposed traffic safety devices, including but not limited to signage, pavement markings, signals and equipment. (12) The location of any proposed outdoor storage. (13) The location and description of all existing and proposed site improvements, including, but not limited to, drainage pipes, drains, culverts, ditches, bridges and/or other drainage works, retaining walls, medians, dividers and fences. Drainage information shall be provided by a New York State licensed professional engineer, furnished under his/her seal. (14) The location of all proposed and existing easements. (15) The location of any special and/or zoning district lines. (16) A description of the method of water supply and sewage and garbage disposal and recycling facilities and the proposed location of such facilities and their proposed connection to existing public facilities. (17) The location,height and size of all proposed signs. 3 Page 28 of 223 (18) A landscaping plan showing the location, height, description, quality and design of all existing and proposed landscaping and buffer areas, including, but not limited to, the plantings proposed to be removed, moved or added and an explanation of how the plantings that remain and the plantings proposed to be added will be protected and maintained. (19) The location, height and design of all proposed lighting, power and communication facilities. (20) The layout of all above and below-ground utilities serving the site that are not mentioned herein. (21) Letters or permits in the applicant's possession at the time the application is filed from all other agencies having jurisdiction with their comments, if any, on the site development plan (22) The location of fire and other emergency zones, including,but not limited to the location of fire hydrants, access drives, gates and appurtenances. (23) The location, height, design and direction of all exterior and rooftop structures and facilities, including, but not limited, the placement of noise baffles and appropriate screening and a statement that all are in accordance with the provisions of Chapter 240 of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable. (24) The proposed location and design of all accessible parking and accessible routes required pursuant to the New York State Uniform Fire Prevention and Building Code or any Code that replaces it. (25) Any other pertinent information as the Building Inspector, Director of Building Code Enforcement and Land Use Administration, the Town Engineer, the Deputy Town Engineer or the Planning Board may deem appropriate to determine and provide for the proper enforcement of this chapter. B. The applicant shall submit proof that he/she/it has the right to use the site. Such proof can be in the form of a deed, a lease, an easement, a license or some other form of permission acceptable to the counsel for the Planning Board. A copy the deed showing the site's present owner shall be submitted. If the applicant is not the sole owner of the property, the application shall include a notarized letter from the other owners consenting to the application for site plan approval unless such approval is provided on the submitted application form. 4 Page 29 of 223 C. If the site plan indicates a development in stages, a supplementary plan shall be submitted contemporaneously with the proposed site plan, showing the total contemplated development and the proposed phasing. D. Subsequent applications to alter or amend an approved site plan, which are not exempt from site plan review pursuant to § 177-7C of the Code of the Town of Mamaroneck, need only contain documents and information which directly relate to the proposed alteration or amendment. However, the alteration will be considered in the context of the entire previously approved site plan. The size,type and quantity of all additional submissions shall be the same as required by § 177- 10A of the Code of the Town of Mamaroneck. E. Nothing hereinabove shall preclude the Planning Board from requesting that additional documents be filed (i) in order for the application to be deemed complete or (ii) in connection with the Planning Board's review of the application. Section 4—Amendment of a current section of the Mamaroneck Code: Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-12 Public hearing and action by Planning Board. A. Public hearing (1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public hearing on a site plan application shall be opened by the Planning Board, within 99 62 days after the Engineer certifies that a properly completed application has been received within the meaning of Town Law § 274-a (8). Notwithstanding such certification, the Planning Board may determine that an application is incomplete and if it does, it shall identify the required items that are missing therefrom. Such application shall not be considered received within the meaning of Town Law § 274-a (8) until the Engineer certifies that the applicant has supplied the missing items. A public hearing on a site plan application previously determined not to have been received within the meaning of Town Law §274-a (8) shall be opened by the Planning Board within 9962 days after the Engineer's certification that the applicant has supplied the missing items. For applications certified as complete by the Engineer between June 1 and August 31. the number of days within which a public hearing shall be opened shall be 90 days,not 62 days. (2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be opened only 5 Page 30 of 223 (i) if the Building Inspector or the Director of Building Code Enforcement and Land Use Administration has certified that the proposed site plan meets all requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all requirements of any variances granted by the Board of Appeals, and (ii) if the Secretary to the Planning Board has certified that the applicant has complied with the notification procedures of Chapter 144 of the Code of the Town of Mamaroneck for site plan applications where compliance therewith is mandated. (3) In its discretion, the Planning Board may waive the requirement for a public hearing if it makes written findings setting forth why such waiver is not inconsistent with the purpose of this chapter. B. Action by Planning Board. (1) Within 9062 days after the date on which the public hearing is closed, or within 9062 days after the meeting at which the Planning Board determines to waive the requirement for a public hearing, the Planning Board shall either approve, disapprove or approve with conditions the site plan application and shall specify the conditions of site plan approval, if any.-When a public hearing is closed, or the Planning Board's determination to waive a public hearing occurs in rune, July or August, the time within which the Planning Board must act upon such application shall be 90 days, not 62 days. (2) A resolution disapproving a site plan application shall include written findings for the disapproval. (3) Applications for alterations or amendments to an approved site plan shall be acted upon in the same manner as the application for the approval of the original site plan. The fact that a hearing was held or waived for the original application shall not predetermine how an application for an amended site plan is to be processed. Section 5—Amendment of a current section of the Mamaroneck Code: Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-14 Filing of approved site plan;expiration of approval. A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of the applicant to include all conditions imposed by the Planning Board. When such conditions are properly incorporated into the revised site plan, it shall be signed and dated by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the 6 Page 31 of 223 approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and the Environmental Planner. B. The approval of a site plan or an amendment to a site plan shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within twenty-four (24) months from the date of such approval. If the Engineer determines that there is no substantial change in the approved site plan and in the condition of the site and/or its environs prior to the date such approval will expire, the Planning Board may extend its approval for a period of up to one (1) year. If an approval is extended, such approval shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within the period of the extension period. Section 6—Amendment of a current section of the Mamaroneck Code: Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-18 Penalties for offenses. A. A person who violates any provision of this chapter shall be guilty of an offense within the meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this chapter,the convicted person and/or entity shall be punished by a fine of not less than two- hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity convicted of placing any structure which requires site plan approval or an amendment to a site plan approval without first obtaining such approval shall be punished by a fine of not less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand five hundred and no/100ths ($2,500.00) dollars per day. B. Nothing in this section shall limit the Town from seeking other or additional remedies, including but not limited to injunctive relief and/or the issuance of stop work orders, if a person (i) places any structure which requires site plan approval or approval of an amendment to a site plan approval without first obtaining such approval or (ii) fails to comply with an approved site plan or an approved amendment thereof or (iii) fails to comply with any of the terms or conditions of the Planning Board resolution that approved such site plan or amendment thereof. 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 7 Page 32 of 223 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. 2024-05431-LL-rev per TB 5 08 mtgfor summer 8 Page 33 of 223 Local Law No. -2024 This local law shall be known as the "Update of the Procedures for Site Plan Review of Non- Residential Development" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: Based upon the Planning Board's experience in handling applications for site plan review, certain aspects of the process are updated by this local law to make the process run more smoothly both for applicants and the Planning Board. Section 2-Amendment of a current section of the Mamaroneck Code: Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-9 Pre-submission conference. A. Prior to the submission of a site plan application, the applicant and/or the applicant's authorized representative shall meet in person or virtually with a group consisting of some or all of the following persons: the Building Inspector, the Director of Building Code Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer, the Environmental Planner or Coordinator, the Attorney for the Planning Board, the Attorney for the Town and any other Town employees or outside consultants invited to the conference by the Town. The purpose of such conference shall be to discuss proposed uses or development, identify potential issues and review the procedural requirements for a site plan application so that the applicant will have a better understanding of the process for site plan approval. B. An application for site plan approval involving a parcel that requires variances of any kind for its proposed use must include a copy of the resolutions adopted by the Board of Appeals granting such variances. If a requisite variance has not been obtained at the time such application is filed, the applicant may include with the application a list of all variances that the proposed site plan will require. The Planning Board may consider the application but will not grant site plan approval until the applicant presents a copy of the resolutions adopted by the Board of Appeals granting such variances. The grant of a variance shall not require the Planning Board to grant site plan approval. Page 34 of 223 C. If a use for which a special use permit already has been issued will continue, and if such special use permit is still in effect, the application for site plan approval shall contain a copy of the most recent special use permit. D. If the application for site plan approval will require a new or amended special use permit, the application for site plan approval shall be accompanied by an application for a special use permit. Section 3-Amendment of a current section of the Mamaroneck Code: Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-10 Contents of application;filing. A. Within six months of the later of the pre-submission conference or the grant of all required variances, the applicant shall file with the Building Department an application for site plan approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan prepared by a New York State licensed architect or a New York State licensed professional engineer under his/her professional seal and a copy of a certified survey prepared by a New York State licensed surveyor under his/her professional seal on which is superimposed the site, as it exists at the time of the application. Unless the Building Department requests a different number, there shall be at least three (3) full-size copies, nine (9) reduced-size copies of the aforementioned items and one copy in a digital format acceptable to the Engineer. The size, type and quantity of all additional submissions shall be the same as the original submission. The detailed development plan shall contain the information specified below: (1) A map showing the applicant's entire property and adjacent properties, including all improvements thereon, and streets, within a radius of five hundred (500) feet from the perimeter of the site, at a scale of not more than fifty (50)feet to the inch and all easements, licenses, leases, covenants and other restrictions, if any, other than zoning, that affect the proposed use of the land. (2) The present and the proposed use, location, height and design of all existing and proposed buildings and structures whether or not designated for demolition or removal, including front,rear and side elevations. (3) Any proposed division of buildings and structures. 2 Page 35 of 223 (4) Any proposed division of any building into units of separate occupancy. (5) The proposed spatial arrangement of land uses. (6) Existing topography and proposed grade elevations at intervals of two (2) feet or less, unless the Engineer determines that such information is unnecessary for site plan review. (7) The location of all existing watercourses, waterbodies, intermittent streams wetland areas, designated floodplains, rock outcroppings, wooded areas and other significant existing features. (8) The configuration of all existing and proposed public and private roads, drives and walkways. (9) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (10) The location of all proposed parking and truck-loading/unloading areas, with access and egress drives thereto. (11) The directional flow of traffic and the location of all proposed traffic safety devices, including but not limited to signage, pavement markings, signals and equipment. (12) The location of any proposed outdoor storage. (13) The location and description of all existing and proposed site improvements, including, but not limited to, drainage pipes, drains, culverts, ditches, bridges and/or other drainage works, retaining walls, medians, dividers and fences. Drainage information shall be provided by a New York State licensed professional engineer,furnished under his/her seal. (14) The location of all proposed and existing easements. (15) The location of any special and/or zoning district lines. (16) A description of the method of water supply and sewage and garbage disposal and recycling facilities and the proposed location of such facilities and their proposed connection to existing public facilities. (17) The location,height and size of all proposed signs. 3 Page 36 of 223 (18) A landscaping plan showing the location, height, description, quality and design of all existing and proposed landscaping and buffer areas, including, but not limited to, the plantings proposed to be removed, moved or added and an explanation of how the plantings that remain and the plantings proposed to be added will be protected and maintained. (19) The location, height and design of all proposed lighting, power and communication facilities. (20) The layout of all above and below-ground utilities serving the site that are not mentioned herein. (21) Letters or permits in the applicant's possession at the time the application is filed from all other agencies having jurisdiction with their comments, if any, on the site development plan (22) The location of fire and other emergency zones, including,but not limited to the location of fire hydrants, access drives, gates and appurtenances. (23) The location, height, design and direction of all exterior and rooftop structures and facilities, including, but not limited, the placement of noise baffles and appropriate screening and a statement that all are in accordance with the provisions of Chapter 240 of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable. (24) The proposed location and design of all accessible parking and accessible routes required pursuant to the New York State Uniform Fire Prevention and Building Code or any Code that replaces it. (25) Any other pertinent information as the Building Inspector, Director of Building Code Enforcement and Land Use Administration, the Town Engineer, the Deputy Town Engineer or the Planning Board may deem appropriate to determine and provide for the proper enforcement of this chapter. B. The applicant shall submit proof that he/she/it has the right to use the site. Such proof can be in the form of a deed, a lease, an easement, a license or some other form of permission acceptable to the counsel for the Planning Board. A copy the deed showing the site's present owner shall be submitted. If the applicant is not the sole owner of the property, the application shall include a notarized letter from the other owners consenting to the application for site plan approval unless such approval is provided on the submitted application form. 4 Page 37 of 223 C. If the site plan indicates a development in stages, a supplementary plan shall be submitted contemporaneously with the proposed site plan, showing the total contemplated development and the proposed phasing. D. Subsequent applications to alter or amend an approved site plan, which are not exempt from site plan review pursuant to § 177-7C of the Code of the Town of Mamaroneck, need only contain documents and information which directly relate to the proposed alteration or amendment. However, the alteration will be considered in the context of the entire previously approved site plan. The size, type and quantity of all additional submissions shall be the same as required by § 177- 10A of the Code of the Town of Mamaroneck. E. Nothing hereinabove shall preclude the Planning Board from requesting that additional documents be filed (i) in order for the application to be deemed complete or(ii) in connection with the Planning Board's review of the application. Section 4-Amendment of a current section of the Mamaroneck Code: Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-12 Public hearing and action by Planning Board. A. Public hearing (1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public hearing on a site plan application shall be opened by the Planning Board, within 62 days after the Engineer certifies that a properly completed application has been received within the meaning of Town Law § 274-a (8). Notwithstanding such certification, the Planning Board may determine that an application is incomplete and if it does, it shall identify the required items that are missing therefrom. Such application shall not be considered received within the meaning of Town Law § 274-a (8) until the Engineer certifies that the applicant has supplied the missing items. A public hearing on a site plan application previously determined not to have been received within the meaning of Town Law §274-a (8) shall be opened by the Planning Board within 62 days after the Engineer's certification that the applicant has supplied the missing items. For applications certified as complete by the Engineer between June 1 and August 31, the number of days within which a public hearing shall be opened shall be 90 days,not 62 days. (2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be opened only 5 Page 38 of 223 (i) if the Building Inspector or the Director of Building Code Enforcement and Land Use Administration has certified that the proposed site plan meets all requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all requirements of any variances granted by the Board of Appeals, and (ii) if the Secretary to the Planning Board has certified that the applicant has complied with the notification procedures of Chapter 144 of the Code of the Town of Mamaroneck for site plan applications where compliance therewith is mandated. (3) In its discretion, the Planning Board may waive the requirement for a public hearing if it makes written findings setting forth why such waiver is not inconsistent with the purpose of this chapter. B. Action by Planning Board. (1) Within 62 days after the date on which the public hearing is closed, or within 62 days after the meeting at which the Planning Board determines to waive the requirement for a public hearing, the Planning Board shall either approve,. disapprove or approve with conditions the site plan application and shall specify the conditions of site plan approval, if any. When a public hearing is closed, or the Planning Board's determination to waive a public hearing occurs in June, July or August, the time within which the Planning Board must act upon such application shall be 90 days,not 62 days. (2) A resolution disapproving a site plan application shall include written findings for the disapproval. (3) Applications for alterations or amendments to an approved site plan shall be acted upon in the same manner as the application for the approval of the original site plan. The fact that a hearing was held or waived for the original application shall not predetermine how an application for an amended site plan is to be processed. Section 5—Amendment of a current section of the Mamaroneck Code: Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-14 Filing of approved site plan;expiration of approval. A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of the applicant to include all conditions imposed by the Planning Board. When such conditions are properly incorporated into the revised site plan, it shall be signed and dated by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the 6 Page 39 of 223 approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and the Environmental Planner. B. The approval of a site plan or an amendment to a site plan shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within twenty-four (24) months from the date of such approval. If the Engineer determines that there is no substantial change in the approved site plan and in the condition of the site and/or its environs prior to the date such approval will expire, the Planning Board may extend its approval for a period of up to one (1) year. If an approval is extended, such approval shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within the period of the extension period. Section 6-Amendment of a current section of the Mamaroneck Code: Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-18 Penalties for offenses. A. A person who violates any provision of this chapter shall be guilty of an offense within the meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this chapter, the convicted person and/or entity shall be punished by a fine of not less than two- hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity convicted of placing any structure which requires site plan approval or an amendment to a site plan approval without first obtaining such approval shall be punished by a fine of not less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand five hundred and no/100ths ($2,500.00) dollars per day. B. Nothing in this section shall limit the Town from seeking other or additional remedies, including but not limited to injunctive relief and/or the issuance of stop work orders, if a person (i) places any structure which requires site plan approval or approval of an amendment to a site plan approval without first obtaining such approval or (ii) fails to comply with an approved site plan or an approved amendment thereof or (iii) fails to comply with any of the terms or conditions of the Planning Board resolution that approved such site plan or amendment thereof. 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 7 Page 40 of 223 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. 2024-05-31-LL-rev for summer 8 Page 41 of 223 Local Law No. -2024 This local law shall be known as the "Supersession of Portions of Section 274-a(8) of the New York Town Law in the Town of Mamaroneck" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 —Purpose. The Town Board concludes that increasing the period within which the Planning Board must act upon a site plan application from sixty-two days to ninety days will avoid the failure of the Planning Board to act upon a site plan application due to summer schedules or the lack of a quorum. Expending the time line by less than thirty days will not lead to an inordinate delay in processing site plan applications. Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck and Supersession of New York Town Law section 274-a(8) Section 177-12 of the Code of the Town of Mamaroneck hereby is amended to add the following new paragraph(D) thereto: D. Portions of section 274-a (8) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 274-a (8) of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck. "§ 274-a. Site plan review. 8. Public hearing and decision on site plans. In the event a public hearing is required by ordinance or local law adopted by the town board, the authorized board shall conduct a public hearing within [sixty-two] ninety days from the day an application is received on any matter referred to it under this section. The authorized board shall mail notice of said hearing to the applicant at least ten days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the town at least five days prior to the date thereof and shall make a decision on the application within [sixty-two] ninety days after such hearing, or after the day the application is received if no hearing has been held. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and such board. The decision of the authorized board shall be filed in the office of the town clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required." 1 Page 42 of 223 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 upon filing with the Secretary of State 2024-5-17-LL 2 Page 43 of 223 0 ul 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 2024 Capital Budget Amendments Date: June 5, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding the 2024 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 44 of 223 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: June 5, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 budget amendments are recommended for approval. 1- Shaft 22- Chlorination System (H1365) Funding of $40,000 was included in the 2023 Adopted Capital Budget for the Town Administrator's vehicle replacement. Additional funding of $7,088 is needed for the purchase. The vehicle used by the Town Administrator for Town purposes is rotated into the police department fleet. A budget amendment is recommended below. 2-Kenilworth Booster Pump Station Modifications (H1403) This is a joint capital improvement project that involves minor piping and valve work at the Kenilworth Booster Pump Station to optimize water flow from the Kenilworth Tank into the intermediate pressure zone. The work must be completed prior to the peak summer water demand period. The expected cost, including engineering, is $160 thousand. A budget amendment is recommended below using contingency funding. Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - June 5, 2024 Page 45 of 223 2024 CAPITAL BUDGET AMENDMENTS CAPITAL FUND (FUND H): Amount 1 Revenue H1365-5038 Transfer from SW Increase 2,112.09 Expense H1365-0400 Shaft 22- Chlorination System Increase 2,112.09 2 Revenue H1403-5038 Transfer from SW Increase 28,320.00 Expense H1403-0400 Kenilworth Booster Station Increase 28,320.00 WATER FUND (FUND SVV): 1 Expense SW9900-5040 Transfer to H (H1365) Increase 2,112.09 Expense SW9999-4050 Contingency Decrease (2,112.09) 2 Expense SW9900-5040 Transfer to H (H1403) Increase 28,320.00 Expense SW9999-4050 Contingency Decrease (28,320.00) Page 46 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Review of Bid Results - TA-24-06 Parks Department and Sign Shop Facility Reconstruction Date: June 5, 2024 Attached is a memo from Town Engineer, Robert Wasp, regarding the Parks Department and Sign Shop Facility Reconstruction project. All five (5) bid proposals received exceeded the award amount threshold in the Wick's Law statute, which prohibits a single-prime contract exceeding $1.5 million in Westchester County per Section 135 of the New York State Finance Law. The Engineering Department is recommending that the submitted bid proposals be rejected and that a re-design of the project be considered to incorporate measures for cost savings and to address the requirements of Wicks Law. Action Requested: Resolved that the Town Board hereby rejects all five (5) bid proposals submitted on April 11, 2024 and hereby authorizes the Engineering Department to rebid contract TA-24-06 to incorporate measures for cost savings and to address requirements of Wicks Law. Page 47 of 223 u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofm am aroneckNY.org Date: May 22, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Review of Bid Results - TA-24-06 Parks Department and Sign Shop Facility Reconstruction General: Bid procurement was recently completed for the Parks Department and Sign Shop Facility Reconstruction project. The project scope involves the demolition of the existing 1 1/2 story structure and construction of a new modern building intended to serve the respective Town Highway Department operations. New parking and storage areas combined with upgraded utility infrastructure would be constructed as part of the facility upgrade. The new building was designed for compliance with all current commercial building codes and included numerous energy efficient design elements such as heat pumps, spray foam insulation and provisions for future integration of solar panels, EV charging and a backup generator. On April 11, 2024, five (5) bid proposals were received as summarized on the attached bid tabulation table. The apparent lowest cost proposal was provided from "Icon Construction Group, Inc." at the submitted base bid price of$2,687,000.00. All bid proposals received were significantly greater than the allocated budget available in capital project. The most recent construction cost estimate prepared by Town's consultant team in summer 2023 had established the expected construction budget at $1,663,250.00 with contingency and soft costs included. The bid results received are problematic due to the resulting budget shortfall, but also for exceedance of Wicks Law statue that prohibits the award of a single-prime construction contract in excess of $1.5M in Westchester County per Section 135 of the New York State Finance Law. Wick's Law contends that (4) separate prime contracts must be advertised for general construction, plumbing, electrical and HVAC related work scopes. Comparable total project costs are measurably higher when multiple prime contracts are utilized compared to projects with similar single prime contracts. Several meetings have been held with prospective bidders to review detailed breakdowns of cost items included in their bid totals. While significant general cost escalation was recognized across bid values for carpentry, electrical and plumbing building trade work, these meetings have been Page 48 of 223 beneficial to identify potential cost savings that can be considered through redesign of the project. Potential design changes that can be considered through the value engineering process include aesthetic changes to the building facade, use of alternative building materials and elimination of equipment added to support operational function, but not required by the Building Code. Our Town consultant team estimates that overall cost savings of between $350,000-$550,000 could potentially be recognized through the value engineering process that is currently in progress. It's important to recognize however that rebidding the project with multiple prime contracts and inclusion of additional soft costs for re-design and construction management services will likely negate the prospective construction cost savings. The added soft costs for construction management service to now manage the separate prime contracts can be estimated as 10-12% of the expected project construction cost. The Engineering Department recommends that the submitted bid proposals should be rejected from award and that re-design of the project should be considered to incorporate measures for cost savings and to address requirements of Wicks Law. Please feel free to contact me with any questions. Attachment/s: Tabulation_TA-24-06 Parks Building Page 49 of 223 \ \\ \ \ / ) { P g \ P J © & ] \\ } f • \ ) / ( { 2 \ \ } K4 \ \oij ' 4 �\\\ ;§ i /tf ® ` 4B8.` ) g \ LriLl /' a® ��\ ) ; 2: � / \\ ) ; ) ` j\ Page 50 of 223 ) \ 2a ; E:1 \ (\ . ; \ / \\ \ a°,1 1;4a ° ` 4B ® } //\ { �\ ) \ ; 2: / \\ p4 ` j ,\\ 9 !} \ \ }/ Page 51 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer William Maker Jr., Town Attorney Re: Review of Easement Agreement Private Drain Connection - 670 Forest Avenue Date: June 5, 2024 Attached is a draft easement agreement from Town Attorney, Bill Maker, for the installation of a private drain connection to a Town storm sewer catch basin located on the residential property at 670 Forest Avenue. The Engineering Department has reviewed the attached documents and recommends that the Board consider approving the easement agreement. Action Requested: Resolved that the Town Board hereby authorizes the Town Administrator to sign the easement agreement and any related documents necessary to carry out its implementation. Page 52 of 223 v u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: June 5, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: William Maker Jr.Town Attorney Subject: Review of Easement Agreement Private Drain Connection - 670 Forest Avenue General: Installation of a private drain connection is proposed to a Town storm sewer catch basin from new stormwater management practice located on the residential property at 670 Forest Avenue. The proposed connection requires the installation of approximately 116 linear feet of new 4-inch diameter piping within the grassed shoulder area of Forest Avenue that necessitates an easement agreement between the Town and property owner prior to the issuance of permits. The attached easement agreement and supporting documents have been drafted by the Applicant based upon the Town's standard template as developed with Mr. Maker. The easement creates a 5' width area along the length of the proposed private drain pipe to allow for continued maintenance access by the Owner. The Applicant will be responsible to restore all disturbed areas of the Town right-of-way in accordance with Town construction specifications. Maintenance of the proposed private drain connection is the responsibility of the owners of 670 Forest Avenue and their successors. The Applicant has applied to obtain Town Surface Water and Erosion Control (SWEC) and Highway permits from the Engineering Depailiuent for the proposed scope of work that will when all issuance criteria are met, including execution of the subject easement agreement. There are no expected utility impacts for the proposed private drain connection due to the small pipe size and shallow depth of required installation. The Engineering Depailiuent has reviewed the attached documents and recommends that authorization should be granted for the easement agreement to be signed. Attachment/s: 670 FOREST AVE LARCHMONT- Drainage easement Schedule A Fri May 10 2024 10-24- 16 670 Forest Ave ROW License Agreement 05092024 Thu May 9 2024 11-39-49 TP-584 - 670 Forest Ave Wed May 15 2024 07-21-56 Page 53 of 223 DRAINAGE EASEMENT SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being in the Village of Larchmont, Town of Mamaroneck, Westchester County, and State of New York, shown as Lots13, 14, & 15 in Block No. 323 on a certain map entitled, "Map of Woods of Larchmont, situated in the Town of Mamaroneck, and the City of New Rochelle, in the County of Westchester and State of New York"filed in the Westchester County Clerk's Office Division of Land Records on March 11, 1910, as map No. 1896 More particularly described as follows; BEGINNING at a point on the northerly side of Forest Avenue said point being North 71 degrees 2 minutes 25 seconds East 33.9 feet from the intersection of the dividing line between lot 15 and 16 and the northerly Line of Forest Avenue in said block as shown on said map; Thence easterly along the northerly side of Forest Avenue North 71 degrees 2 minutes 25 seconds East 5.60 feet a point; Thence through right-of-way of Forest Avenue the following courses and distances; South 45 degrees 40 minutes 57 seconds East 20.20'to a point North 71 degrees 02 minutes 25 seconds East 118.50'to a point South 18 degrees 57 minutes 35 seconds East 5.00'to a point South 71 degrees 02 minutes 25 seconds West 121.58'to a point North 45 degrees 40 minutes 57 seconds West 25.80 feet to the point and place of BEGINNING. Page 54 of 223 Easement Agreement This Agreement made as of May 9th, 2024 between Lucio Rainelli & Michelle Murphy ("Owners"), residing at 670 Forest Ave, Larchmont, NY 10538 and the Town of Mamaroneck ("Town"), a municipal corporation having its principal offices at 740 West Boston Post Road, Mamaroneck, NY 10543. Recitals Whereas, the Owners own the real property known by the postal address of 670 Forest Ave, Larchmont, NY 10538 ("Owners' Property") and designated as Section 1, Block 11, Lot 19 on the Tax Assessment Map of the Town of Mamaroneck, and Whereas, the Owners will construct a Storm Sewer Line consisting of piping leading from the front yard drywell, proceeding underneath the public right of way of Forest Ave to the Catch Basin (defined below) where it will be connected to the Catch Basin, and Whereas, in order to accomplish this result, the Owners need permission from the Town for the proposed underground storm water line within the right of way of Forest Ave, and Whereas, the Town is amenable to granting an easement to the Owners in/under the right of way of Forest Ave for this purpose. Now, therefore, intending to be bound, the parties agree as follows: 1. Other Definitions. For the purpose of this agreement, the following terms shall have the following meanings: [1] Page 55 of 223 "Catch Basin" means the existing public storm water catch basin located in front of the real property known by the postal address of 674 Forest Ave (Section 1, Block 11, Lot 26 on the Tax Assessment Map of the Town of Mamaroneck), south of Forest Ave. "Storm Sewer Line" means a storm water sewer line made of polyvinyl chloride (PVC) and conduits, connections, drains, filters, fittings, gates, mains, manholes, pipes and valves which the Owners may install,connect, construct,extend,lay,maintain,repair, replace or reconstruct in the Easement Area. "Easement Area" means the portion of Town right-of-way shoulder located between the Town curbing and property line occupied by the storm sewer line. "Owners" includes not only Lucio Rainelli and Michelle Murphy but their agents, contractors,employees and licensees and their grantees, successors, assigns, distributees, legatees and personal representatives. A capitalized "Repair" or "Repaired" includes not only repairs but replace and reconstruction as well. "Tax" has the same meaning as the definition of "tax" or "taxation" contained in section 102 (20) of the New York Real Property Tax Law. "Work" means the initial installation of the Storm Sewer Line and its maintenance, repair, replacement or reconstruction. 2. Grant of an Easement. (a) (i)The Town grants and conveys to the Owners a perpetual, but not exclusive, easement upon, under, through and across the Easement Area to install, connect, construct, extend, lay, maintain, repair, replace or reconstruct the Storm Sewer Line for [2] Page 56 of 223 the sole purpose of transporting storm water from the Owners' Property to the Catch Basin. (ii) The Storm Sewer Lines and its outlet connection to the Town's catch basin shall be installed in a manner that conforms to the plan submitted by the Owners to, and approved by the Town Engineer(which approval will not be unreasonably withheld). All Staging and storage of materials required for Work related to the Storm Sewer Line shall not be placed within the pavement limits of Forest Ave. The Owners shall be required to maintain ingress and egress to Forest Ave via the existing driveway curb cut during Work. Where required by the Town, the Owners shall follow this same protocol whenever the Storm Sewer Line needs to be maintained or Repaired. (iii) Before commencing construction, the Owners shall (a) provide the Town with a certificate of insurance, issued by an insurance company that has an AM Best rating of "A" or better, that has required minimum coverages applicable for Town Highway Permit issuance. , (b) obtain a Highway permit from the Town's Highway Department and (c) obtain whatever other approvals or permits may be required in order to do the Work. (iv)The Owners shall use their best efforts to perform the Work expeditiously and with the least possible interference to the pedestrian and motor vehicular traffic on Forest Avenue. The sidewalks, curbs and the paved roadway disturbed by the Work will be restored as soon as possible (weather permitting) to the condition that existed before the Work commenced. [31 Page 57 of 223 (v) The areas disturbed by the Work performed pursuant to this paragraph will not be left in a hazardous condition when the Work ceases at the end of a day. (vi) The Owners will hold a pre-construction meeting with the Town before the Work is commenced. (b) The Owners shall be responsible for paying all of the costs incurred in connection with the Work and shall indemnify and hold the Town harmless from any claims for personal injury, death or property damage arising out of the Work and at their sole cost and expense,shall provide legal counsel for the Town and shall engage whatever experts may be necessary in order to defend the Town against any such. claims. (c) The parties recognize that the Owners' Property has been developed with a single-family residence and that the Owners are granted this easement with the understanding that the Storm Sewer Line will be used to drain storm water only from the Owners' Property. 3. Maintenance and Repair. (a) (i) The Owners, at their sole cost and expense, shall be responsible for the routine maintenance of the Storm Sewer Line. (ii) The Owners, at their sole cost and expense, also shall be responsible for the Repair of the Storm Sewer Line regardless of the reason why the Storm Sewer Line must be Repaired. By accepting this responsibility,the Owners do not waive whatever recourse they may have to obtain redress from a third-party who may have caused the damage that requires the Storm Sewer Line to be Repaired; however, having recourse against a third party is not grounds for delaying the Repair. [4] Page 58 of 223 (c) If the Owners do not maintain the Storm Sewer Line or Repair the Storm Sewer Line when necessary after the Town gives them ten (10)business days' notice of the need to do so, the Town shall have the right, but not the obligation, to conduct the Repair. The Owners shall reimburse the Town for all of the "soft" and "hard" costs incurred to maintain or Repair the Storm Sewer Line, including the pro-rated portion of the salaries (including overtime) of Town employees who perform or supervise all or some of the work. If not paid, the Town shall have the right to add that cost to the Tax imposed by the Town on the Owners'Property. In addition,the Owners shall reimburse the Town for any costs the Town incurs in attempting to such "soft" and "hard" costs (e.g. reasonable attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Town shall have the right to add such collection costs to the Tax imposed by the Town on the Owners' Property. 4. "Run with the Land". This agreement shall run with the land and be binding upon and inure to the benefit of and be enforceable by the parties, their respective distributees, personal representatives, successors and assigns. 5. Delegation. The Town may delegate the rights granted to it in this agreement to any municipal authority or utility company. 6. Notices. (a) A notice which is required or may be given under this agreement shall be in writing and shall be deemed to have been made either (i) on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice) or to [5] Page 59 of 223 someone of suitable age and discretion at the address of that party (or a person who is entitled to a copy of the notice) or (ii) on the first business day after it is sent, if it is sent by a reputable overnight courier or (iii) on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice ("addressees") are: If to the Owners, to: Lucio Rainelli &Michelle Murphy Or RESIDENT 670 Forest Ave Larchmont, NY 10538 If to the Town: Town of Mamaroneck 740 West Boston Post Road. Mamaroneck, NY 10543 Att: Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. (b)The requirement to give ten (10) business days' notice contained in paragraph 3(c) and the requirement contained in paragraph 6 (a) that notice be in writing shall not apply if an emergency exists. In such a situation, the Town shall be required only to give or to attempt to give such notice to the Owners as it can (e.g. telephonic or electronic communication),based upon the exigencies then existing before conducting Repairs. 7. Additional Instruments. The parties shall execute and acknowledge before a notary public and deliver to each other any and all instruments which reasonably may be required to give full force [6] Page 60 of 223 and effect to this agreement or to record this agreement in the office of the County Clerk of the County of Westchester. 8. No Waiver of Rights. The failure of either party to insist upon the strict performance of,or to commence an action to enforce any provision of this agreement shall not be construed as a waiver of the right to do so should a breach of this agreement occur subsequently. 9. Gender. Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in either of the other two genders. 10. Severability. If any court determines that a portion of this agreement is invalid, illegal or unenforceable, the remaining provisions shall remain in effect. 11. Complete Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. All prior agreements between the parties regarding the subject matter contained herein—whether oral or written -are merged into this agreement and do not survive it as this agreement expresses their entire understanding on the subject matter contained herein. 12. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. 13. Captions. [7] Page 61 of 223 The headings preceding the paragraphs of this agreement are for reference purposes only and shall not be considered when interpreting the meaning of this agreement. Lucio Rainelli 141/147 Michelle Murphy Town of Mamaroneck By: Meredith S.Robson, Town Administrator State of New York County of Westchester MAY 0 9 2024 On the day of May in the year 2024, before me, the undersigned, personally appeared Lucio Rainelli, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he (she) (they) executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. / HARRY OTTO NOTARY PUBLIC,STATE OF NEW YORK Registration Number#010T6378080 Vota Public Qualified in Westchester County MAY 0 9 20a j Commission Expires 07/16/2026 State of New York County of Westchester MAY 0 9 2024 On the day of May in the year 2024, before me, the undersigned, personally appeared Michelle Murphy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the [8] Page 62 of 223 within instrument and acknowledged to me that he (she) (they) executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. HARRY 0TT0 NOTARY PUBLIC,STATE OF NEW YORK Registration Number#010T6378080 Qualified in Westchester County Commission Expires 07/16/2026 MAY 0 9 201gota Public State of New York County of Westchester On the day of in the year 2023, before me, the undersigned, personally appeared Meredith Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he (she) (they) executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public Schedule 'A' <METES & BOUNDS DESCRIPTION to be provided by Applicant's Engineer> [9] Page 63 of 223 41R Office of the Westchester County Clerk III I II01111111111111111111 1I III III II *641353287TPD6013* Supporting Document Cover Page Submitter information Name: Pro National Title Agency Phone: 516-677-9757 Address 1: 390 North Broadway Fax: 516-677-9792 Address 2: Suite 100 Email: Dan.McCormick@pntitle.com City/State/Zip Jericho NY 11753 Reference for Submitter: PNT41403W EASEMENT Parent Document Details Control Number: 641353285 Document Type: Easement(EAS) Package ID: 2024051400162001000 Supporting Document Information Supporting Document Type: TP-584 Page 64 of 223 TP-584 (9/19) Recording office time stamp 4YO1:WDepartment of Taxation and Finance fRK Combined Real Estate Transfer Tax Return, PREP Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP-584-1, Instructions for Form TP-584,before completing this form. Print or type. Schedule A — Information relating to conveyance Grantor/Transferor Name(if individual:last,first,middle initial)(❑x check if more than one grantor) Social security number(SSN) El Individual RAINELLI,LUCIO 594-70-3969 ❑Corporation Mailing address SSN Partnership 670 FOREST AVENUE 0 Estate/Trust City State ZIP code Ervin/over Identification Number(FAN) ❑Single member LLC LARCHMONT NY 10538 ❑Multi-member LLC Single member's name if grantor is a single member LLC(see instructions) Single member EIN or SSN ❑Other Grantee/Transferee Name(if individual:last,first,middle initial)(El check if more than one grantee) SSN ❑Individual TOWN OF MAMARONECK Pending/Not Applicable 0 Corporation Mailing address SSN Partnership 740 WEST BOSTON POST ROAD _ O Estate/Trust City State ZIP code E1N ❑Single member LLC MAMARONECK NY 10543 2 I:Multi-member LLC Single member's name if grantee is a single member LLC(see instructions) Single member EIN or SSN r0 0 Other co s; Location and description of property conveyed in 12 Tax map designation— SWIS code Street address City,town, or village County m Section,block&lot }six digits) (include dots and dashes) 1-11-19 553289 670 FOREST AVENUE MAMARONECK TOWN Westchester Type of property conveyed(check applicable box) 1 X One-to three-family house 6 ❑ Apartment building Date of conveyance Percentage of real property 2 : Residential cooperative 7 0 Office building 3 = R• esidential condominium I 5 1 9 I 2024 conveyed which is residential 8 ❑Four family dwelling month da real property. tee-% 4 7 Vacant land 9 ❑Other > Yea` (see instructions) 5 ❑ C• ommercial/Industrial Condition of conveyance(check all that apply) f.❑ Conveyance which consists of a I.❑Option assignment or surrender a. ❑ Conveyance of fee interest mere change of identity or form of ownership or organization(attach Form TP-584.1,Schedule F) m.❑ Leasehold assignment or surrender b. 0 Acquisition of a controlling interest(stale percentage acquired %) g.❑ Conveyance for which credit for tax n.❑ Leasehold grant previously paid will be claimed(attach Form TP-584.1,Schedule G) C. D Transfer of a controlling interest(state o.ID Conveyance of an easement percentage transferred %) h.❑ Conveyance of cooperative apartment(s) p.0 Conveyance for which exemption d, ❑Conveyance to cooperative housing i.Cl Syndication from transfer tax claimed(complete corporation Schedule B,Part 111) j.❑ Conveyance of air rights or q. 0 Conveyance of property partly within e. ❑ Conveyance pursuant to or in lieu of development rights and partly outside the state foreclosure or enforcement of security k.❑ Contract assignment r. ❑ Conveyance pursuant to divorce or separation interest(attach Form TP-584,f,Schedule E) S. ❑ Other(describe) For recording officer's use Amount received Date received Transaction number Schedule 13..Part I $ Schedule B.,Part II 5 Page 65 of 223 Page 2 of 4 TP-584(9/19) PREP Schedule E3 — Real estate transfer tax return (Tax Law, Article 31) Part I-Computation of tax due 1 Enter amount of consideration for the conveyance(if you are claiming a total exemption from tax,check the exemption claimed box,enter consideration and proceed to Part 111) 0 Exemption claimed 1. 0.00 2 Continuing lien deduction(see instructions if property is taken subject to mortgage or lien) 2. 0.00 3 Taxable consideration(subtract line 2 from line 1) 0.00 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3 0.00 5 Amount of credit claimed for tax previously paid(see instructions and attach Form TP-584.1,Schedule G) ma- 0.00 6 Total tax due'(subtract line 5 from tine 4) 6. 0.00 Part It-Computation of additional tax due on the conveyance of residential real property for$1 million or more 1 Enter amount of consideration for conveyance(from Part 1,fine 1) 2 Taxable consideration(multiply line 1 by the percentage of the premises which is residential real property,as shown in Schedule /... 3 Total additional transfer tax due"(multiply line 2 by 1%(01)) U Part Ill-Explanation of exemption claimed on Part 1,line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations,the United States of America,the state of New York, or any of their instrumentalities, agencies,or political subdivisions(or any public corporation,including a public corporation created pursuant to agreement or ❑ compact with another state or Canada) a b. Conveyance is to secure a debt or other obligation b ❑ c. Conveyance is without additional consideration to confirm,correct, modify,or supplement a prior conveyance c ❑ d. Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying realty as bona fide gifts d n CO e� ❑e. Conveyance is given in connection with a tax sale e f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1,Schedule F f ❑ g. Conveyance consists of deed of partition g h. Conveyance is given pursuant to the federal Bankruptcy Act h ❑ i. Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such property,or the granting of an option to purchase real property,without the use or occupancy of such property i 1. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-,two-,or three-family house,an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment 1 11 k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31,section 1401(e)(attach documents ❑ supporting such claim) k *The total tax(from Part 1, line 6 and Part iI, line 3 above)is due within 15 days from the date conveyance. Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York City, make check(s)payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s)made payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045,Albany NY 12205-5045. Page 66 of 223 Page 3 of 4 TP-584(9/19) PREP Schedule C — Credit Line Mortgage Certificate(Tax Law, Article 11) Complete the following only if the interest being transferred is a fee simple interest. I(we)certify that;(check the appropriate box) 1. 1 { The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage.However,an exemption from the tax is claimed for the following reason: ❑The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property(whether as a joint tenant, a tenant in common or otherwise)immediately before the transfer. ❑The transfer of real property is(A)to a person or persons related by blood,marriage or adoption to the original obligor or to one or more of the original obligors or(B)to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons(as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ❑The transfer of real property is a transfer to a trustee in bankruptcy,a receiver,assignee,or other officer of a court. ❑The maximum principal amount secured by the credit line mortgage is$3,000,000 or more, and the real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is$3,000,000 or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more information regarding these aggregation requirements. ee Other(attach detailed explanation). 02 Ma. ❑ The real property being transferred is presently subject to an outstanding credit line mortgage.However,no tax is due for the following reason: w�o El A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. lj A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in_.. (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is .. No exemption from tax is claimed and the tax of is being paid herewith.(Make check payable to county clerk where deed will be recorded or,if the recording is to take place in New York City,make check payable to the NYC Department of Finance.) Signature(both the grantor(s) and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B, and C,including any return, certification,schedule, or attachment,is to the best of his/her knowledge,true and complete, and authorize the person(s)submitting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance. � ucra ,a;tAt Grantor signature Title Grantee signature Titre LueIAA t�lr ►che le Grantor sig ture M Title oil i)(P' Grantee signature Title Reminder: Did you complete all of the required information in Schedules A, B, and C?Are you required to complete Schedule D?If you checked e,f, org in Schedule A, did you complete Form TP-584.1?Have you attached your check(s)made payable to the county clerk where recording will take place or, if the recording is in New York City,to the NYC Department of Finance? If no recording is required, send your check(s),made payable to the Department of Taxation and Finance, directly to the INS Tax Department, RETT Return Processing, PO Box 5045,Albany NY 12205-5045. Page 67 of 223 Page 4 of 4 TP-584(9/19) PREP Schedule lr-Certification of exemption from the payment of estimated personal income tax (Tax Law,Article 22, section 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. If the property is being conveyed by a referee pursuant to a foreclosure proceeding,proceed to Part It,and check the second box under Exemptions for nonresident transferor(s)/seller(s)and sign at bottom. Part I-New York State residents If you are a New York State resident transferor(s)/seller(s)listed in Schedule A of Form TP-5f14(or an attachment to Form TP-584),you must sign the certification below.If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State,each resident transferor/seller must sign in the space provided. If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferors)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a)upon the sale or transfer of this real property or cooperative unit. Signature I Print full name Luein Rainelli Date J)i I 21 Signature I Print full name Date Michelle Murphy /1`t/d0.avk Signature J Print full name Date Signature 1 Print full name Date Note:A resident of New York State may still be required to pay estimated tax under Tax Law, section 6115(c),but not as a condition of recording a deed. ID coo Part II-Nonresidents of New York State C4 Mif you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584(or an attachment to Form TP-584) - but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law,section 663(c), ID check the box of the appropriate exemption below.If any one of the exemptions below applies to the transferor(s)/seller(s),that transferor(s)/seller(s)is not required to pay estimated personal income tax to New York State under Tax Law,section 663. Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided.If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form 1T-2663,Nonresident Real Properly Estimated Income Tax Payment Form,or Form IT 2664,Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information,see Payment of estimated personal income tax, on page 1 of Form TP-584-1. Exemption for nonresident transferors)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)(grantor)of this real property or cooperative unit was a nonresident of New York State,but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: I I The real property or cooperative unit being sold or transferred qualities in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code, section 121)from to (see instructions). Date D81e ❑The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. I-The transferor or transferee is an agency or authority of the United States of America,an agency or authority of the state of New York,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date s� Signature Print lull name Date Signature Print full name Date Signature Print full name Date Page 68 of 223 TP584 Addendum (Parent Document Control Number 641353285) Additional Parties Party Last Name First Name,MI SSNIEIN Address Grantor MURPHY MICHELLE 090-78-2912 570 FOREST AVENUE,LARCHMONT,NY 10538 Page 69 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Local Law Regarding Overnight Parking Date: June 5, 2024 The Traffic Committee previously discussed a request to allow for overnight parking on Edgewater Place and Parkland Avenue. Currently, parking is prohibited from 3:00 a.m. to 6:00 a.m. Should the Board wish to move forward on this action, a public hearing must be set for the attached local law. The Traffic Committee recommended the action requested. Action Requested: Resolved that the Town Board does hereby set the date for a Public Hearing for "Overnight Parking on Parkland Avenue and Edgewater Place" Law for June 26,2024. Attachment/s: 2024-05-31-mx-TB-tr LL 2024-5-31-Parkland and Edgewater PLE Parking Page 70 of 223 o `' o Town of Mamaroneck _ n County of Westchester ''FOUNDDE�D 1661 • 740 West Boston Post Road,Mamaroneck,NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownofM.amaroneckNY.org ATTORNEY-CLIENT CONFIDENTIAL COMMUNICATION OR INTER-AGENCY COMMUNICATION MEMORANDUM To: Members of the Town Board ccs: Meredith S. Robson, Town Administrator Allison May, Town Clerk From: William Maker, Jr. - Town Attorney Subject: Local law regarding overnight parking on Parkland and Edgewater Date: May 31, 2024 The Police Department is recommending overnight parking on the above referenced streets. Attached is a proposed local law that, if enacted, will put the recommendation into effect. If the law is satisfactory, the Town Board may decide to set a public hearing to consider whether this law should be adopted. Page 71 of 223 Local Law No. -2024 This local law shall be known as the "Overnight Parking on Parkland Avenue and Edgewater Place" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The purpose of this law is to adopt the police department's recommendation that overnight parking be allowed on Parkland Avenue and Edgewater Place. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-21 of the Code of the Town of Mamaroneck hereby is amended by adding the following to the table within that section in its proper alphabetical position: §219-21.Parking allowed from 3:00 a.m.to 6:00 a.m. A motor vehicle may be parked between the hours of 3:00 a.m. and 6:00 a.m. on the following public highways or on parts of public highways described below,except on those sections of those public highways where parking is prohibited at all times: Name of Public Highway Direction of Travel Location Parkland Avenue North West side, except where parking is prohibited at all times Edgewater Place South West side, except where parking is prohibited at all times Section 3-Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surfaces of the streets identified in section 2 of this Local Law indicating where and when parking is prohibited or limited by this law. Section 4-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. Page 72 of 223 Section 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May 31,2024 2 Page 73 of 223 Police Department Recommendation § 219-21 Parking allowed from 3:00 a.m. to 6:00 a.m. A motor vehicle may be parked between the hours of 3:00 a.m. and 6:00 a.m. on the following public highways or on parts of public highways described below, except on those sections of those public highways where parking is prohibited at all times: Add the following streets: Name of Public Direction of Highway Travel Location Parkland Avenue North West side, except where parking is prohibited at all times Edgewater Place South West side, except where parking is prohibited at all times os. I 2417 Boston Post Rif 135 n 7 J J 233 r3cs?on Post,Ro' 9 LacusiTer i-5-'3u i- 5-5-158 `Pariianl A:(: l i r C1 4') L J 7 47 Mamaroneck Towr Note: 3a-6a parking is already permitted on the south side of Locust Terrace (TC 219-21) Page 74 of 223 0 ul 0 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Standard Work Day and Reporting Resolution for Elected and Appointed Officials Date: July 5, 2023 Attached is a standard work day and reporting resolution for elected and appointed officials. Action Requested: Resolved that the Town of Mamaroneck / 30054-010 hereby established the following standard work days for these titles and will report the officials to the New York State and Local Retirement based on their record of activities. Page 75 of 223 u_r "v 1; n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: June 5, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Standard Work Day and Reporting Resolution for Elected and Appointed Officials General: This is standard NYSLRS reporting for elected officials. If approved, the resolution is posted and then presented to NYS 30 days thereafter. Attachment/s: 6-5-2024 Standard Work Day and Reporting Resolution Page 76 of 223 II OIII DID III DID ID IID III IID 0 ID IID III � CO Q � 1.° � ❑ ❑ ❑ ❑ ❑ ❑ N __ � aa c co a3 O N 1,10 +, Li: N N CD T >, >, } N a) N CI 0Z Q cn ict O w CO 0- o s= _c O •_ �' o CO m p (6 CO^ a) te- -o C O i.i O O -aQ zTo ° � ❑ ❑ ❑ ❑ ❑ ❑ 0 i 0 = 0vs 73 co =o co `o LL u' O 0 .. C5) - 0 - voi O c' a = � M N 0 - CO �� 0 > V! Et CV a) C.) 0 LI aa) u LL M C5) t= o c 1E 0 0 CCa O I. C o W O ❑ O E ° E c O O O W w T 2 , Cl) Z � o ti CO > o Ct in c W 0 o > o coo _c N- W >, in C >, • a) O o o 0 W v 2 E -0 N N (6 O p D -0 Ct a) El M M O (6 0- o a ~ o2S aa) eqeq E o ram+ LL 0 C 16 0 o O a3 O O a--� c i 0) v N - 0 o U o 0 O CO c) Lo -0 • o m N U m N N �O _C O c Z -O E d- O > J a - - 0) V) i ) >_ c (6 _ Z 0 co y ri ( E - N ( (3 > -c.'.)�' o o > o -0 2 >, a3 Z co U -2 N 0 n m 45 -o o 0 0 U a) a3 O co) O N w0 CD O E co a U o -0 0 - 0 2 Z o T 0 O ,- 0 O O o " o f a) c CO ct E o I- O 0 Ct m H U c m U Uo CU ou) -a - 3 z o c U o ,(n _c Y 0 C6 0 o O O o o `m >. O [0 W W }' E 2 0 (0 (o ct o .- O cc ce 0 z N— LO C EO o JII Ct 0 O O_ -o �O O) U) 0 r � � 0 0 (° T a c -. z 73 0 m U) o a X X °� +, E _ R • o u - X X `o a3 co o o .� U Q, r o o _ CO z X X �, �, O CID o co E w o za 0 o o o a ( Y— o -c c co E a) T T a) a) (o > a) — (o c6 vo .. `� I CD Y CU O Z > o cn ' CO S' z C c - 0 u, G R z W a C 0} L,� Y › ! g c•y c0i �.f1 w m y O 2 (� N m ai m a C R O > R `° t= w 0 O > c z °' ;, °Q' L O O z w 0 s= v t= a: a o 0 m 0 m a`+ T L a) (n O O •� 'E. >, O_ co O Q .O c Y v, O T w a) — OO W E c a, aa) O O ct 0 Q .� a3 H > w O 2 o m N 7 0 } sr) co 70 Q - V Q a) o as 6�i O a) 0 a) Q _c i, n nn I z T a= W "� o 0 W a a- -0 0 — aPag 7T'of�'2:3• Instructions for completing the Standard Work Day and Reporting Resolution A B C D E F G H I J Name Social NYSLRS ID Title Current Standard Record of Not Pay Tier 1 Security Term Begin Work Day Activities Submitted Frequency Number & End Date Result Elected Officials John 0000 R11111111 Highway 1/1/2018- 8.00 32.79 Weekly Smith Superintendent 12/31/2019 Michell 1111 R11111111 Town Justice 1/1/2018- 6.25 X Bi-Weekly X eJones 12/31/2018 Appointed Officials Joseph 2222 R22222222 Planning Board 1/1/2018- 7.00 17.54 Monthly Grey Member 12/31/2018 A. Name: The official's complete first and last name must be included for identification purposes. B. Social Security Number: The last four digits of the official's Social Security Number must be included for identification purposes. For security purposes,the last four digits of the Social Security Number can be omitted from the publicly posted version. C. NYSLRS ID: The official's NYSLRS ID must be included for identification purposes. For security purposes, the NYSLRS ID can be omitted from the publicly posted version. D. Title:All paid elected and appointed officials (who are active members of the Retirement System)and are not paid hourly and do not participate in a employer's time keeping system that consists of a daily record of actual time worked and time charged to accruals must be listed. For the purpose of the regulation, an "appointed official" is someone who is appointed by an elected official, an appointed official or governing board. They hold an office in an organization or government and participate in the exercise of authority.This also includes appointees of elected and appointed officials such as deputies,assistants or confidential secretaries. E. Current Term Begin & End Dates: All officials listed on the Resolution must have a specified Term End date. Leaving this column blank or listing `Tenure/At Pleasure' is not acceptable. If the official does not have a designated term, the current term for the official who appointed them to the position should be used. If they are appointed by the governing board, the chairman of the board's term should be used. F. Standard Work Day: The minimum number of hours that can be established for a standard work day (SWD) is six, while the maximum is eight. A SWD is the denominator to be used for the days worked calculation; it is not necessarily always the number of hours a person works. For example, if a board member only attends one three-hour boarding meeting per month, you must still establish a SWD between six and eight hours as the denominator for their record of activities(ROA)calculation. G. Record of Activities Result*:This column must be left blank if an official does not submit their required sample three-month ROA. To determine the average number of days worked per month, you must divide the total number of hours documented on the three- month ROA by three months to get a one-month average number of hours worked. Then, the one-month average number of hours worked must be divided by the SWD to get the average number of days worked per month. H. Not Submitted: This column must be checked if an official has not submitted the required sample three-month ROA within the 150 day requirement, regardless of whether they are being reported by another employer for the same period. If the Retirement System receives such a Resolution, it will contact the official to notify them of the consequences of not submitted the ROA. I. Pay Frequency: This column should be filled in with one of the following options:Annually, Bimonthly, Biweekly, Monthly, Quarterly, Semi-annually or Weekly. J. Tier 1: If the official is a Tier 1 member,this box should be checked. Tier 1 members are not required to keep a ROA. Once passed, the Resolution must be posted on your public website for a minimum of 30 days or if a website isn't available to the public, on the official sign-board or at the main entrance to the clerk's office. A certified copy of the Resolution and Affidavit of Posting must be filed with the Office of State Comptroller within 45 days of the adoption. The Resolution and Affidavit can be submitted via the Submit Resolution for Official link in Retirement Online. *To determine the number of days worked to include on the monthly report for the various payroll frequencies, please refer to the Calculating Days Worked instructions available in the`Reporting Elected &Appointed Officials'section of our website: Page 78 Of 223 http://www.osc.state.ny.us/retire/employers/elected appointed officials/index.php g m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Proposed Town Board Meeting Dates Date: June 5, 2024 It is that time again for the Board to begin conversations about the dates for the July and August meetings. Additionally, a conflict has arisen for the Tuesday, October 1st meeting, so we are suggesting September 30th as an alternative date. Please be prepared to discuss your available dates for meetings. Page 79 of 223 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Center, in Mamaroneck, New York, in said Town, on June 5, 2024, at 8 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the proposed increase and improvement of the facilities of Garbage District No. 1, in said Town, being the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$444,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck,New York, May 19, 2024. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,NEW YORK Allison May Town Clerk Page 80 of 223 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Center, in Mamaroneck, New York, in said Town, on June 5, 2024, at 8 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map,plan and report and estimate of cost, in relation to the proposed increase and improvement of the facilities of Water District No. 1, in said Town, being the rehabilitation of the rehabilitation of the Park Lane Storage Tank #2 (Town share), including original furnishings, equipment, machinery, apparatus, appurtenances, and other improvements and expenses in connection therewith, at a maximum estimated cost of $392,500. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof Dated: Mamaroneck, New York, May 19, 2024. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,NEW YORK Allison May Town Clerk Page 81 of 223 {�. , �.,` • d) W C C A' 7� u ,� b) J Wlei �� ( �, i— I i, C/3 1111111&:::'-': 4 4 is- = 1-1-1 aill ! .III \ , I - ' \ 1 , 1. �I� % Lm 0 l fi V" 1, a) I'Ij. �I A ,` "¢ 45, I O a ,_,�, _ � 0 ���� � .. LLI CC --.IW (1) ^ CdO , Nut4 V I. ���f I� i� ".� ��. it -_ ,A! r— V F .JAA ' N is ` I �-+ imar. R .....„ NF^, '`.,, \ �w.r. ^ ;ail • NO CD i. Win.. _ ® �A I i �' L �� �x . il — t ) 1 �m ,, t 1,1 AO vI > IC I. F L • � Fr � � N , ' ' CA t - 'it s a if 3 e?' ,'_ ,10 ' t1 0 1-'L:II i F vs 'M W 0 w J . Mi Page 83 of 223 LU CC I CO I— ) ) I—I- 3 c73 1--1 1 1 ' '11 ' rill IF ) . . 3 . 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O z Z U C >• O O _C O >% O 0 O > O >• O O W O O O c.:21 E 0 c0 c0 Page 143 of 223 w CC J W Lb f— ' 779 Q U.)z W �IX W IX 5ii, C_7 Y Q a C/3 '6...` OS)U a O' Cf =�� .�' Lil 1..i -..., (71111 O W oN J N f3 Qry �� - .�MI I c„:„ "<" y.. 3 al E z �c i_ OO O z CC a i z " " .II III t 411iI a - Q z O - r fi ti I.i'1- 00f 0 . i i t i II• ,i��j � A • — c} . iiirz, , f . 4 j x A w" , A 1 11!.PL,..,., ,-,1,—- , 1 iRi IL 1 ,E.14 ,'' " TV57F4 \raL.:, itii4 1-: t .:, ti _‘, , . J LLI I1 : • e m iCr C—D C./3 C/3 s ,. C/D : rc "•fig ' Page 144 of 223 w CC J W CO I--- Q Cn Z W S Q U I—I--- —■ LLJ = 6 ›M U) .- Cl) CD a CI cc ci- W, O o o F° ' W Cl3 a v W ciacia = as 1 Cl, W Page 145 of 223 o ul `" m Town of Mamaroneck Town Center FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Fire Claims Date: June 5, 2024 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 146 of 223 u_rt1;' 'rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: June 5, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims General: Attached is the list of fire claims for approval. Attachment/s: FIRE CLAIMS 6-5-24 Page 147 of 223 Town of Mamaroneck From: Tracy Yogman -Town Comptrollert�. Re: Fire Claims Date: JUNE 05, 2024 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 AAA Emergency Supply Co., Inc Repair of Hydra Ram Serial #811058, calibration gas for meters $ 788.92 Repair of Hydra Ram Serial #81449E,Air Compressor maintenance AAA Emergency Supply Co., Inc County Contract WC-21385 $ 2,034.93 Emergency Responder Products LLC Uniform shirts- Brady $ 151.64 Emergency Services Marketing Corp Annual Renewal for I Am Responding Program 6/14/24-6/15/25 $ 735.00 Foley Hardware Nuts&bolts for repair $ 12.46 Galls, LLC Uniform shirts, pants, field kit, sweatshirt- Brady $ 345.05 Hi-Tech Fire&Safety, Inc. Firefighting Turnout Gear 12,032.40 Liftoff, LLC Exchange Online Plan 2 - 35 licenses 3,360.00 Optimum Cable Service 5/23-6/22/24 284.12 Ready Refresh Water Cooler Rental 4/19-5/18/24 195.96 Royal Comfort AC Maintenance 468.00 UniFirst Corporation Cleaning supplies 4/19,4/26, 5/17, 5/24/2024 836.70 Verizon Fire HQ service 5/10-6/9/24 291.55 Village Pizza&Pasta Food for Department drill 5/14/24 373.25 Villa Maria Pizza Food for Rescue Drill 5/22, 5/30/24 161.34 Total $ 22,071.32 Page 148 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Housing Authority - Lease Amendment and Resolution Date: June 5, 2024 Attached is an amendment to the ground lease with the Housing Authority. The last amendment was done in 2015. This amendment specifies the limitations on income for subtenants, increases the number of apartments to be sublet to those holding Section 8 vouchers and eliminates the lottery system for subletting individual apartments. The Housing Authority approved this proposed amendment at their May 6, 2024 meeting and is now seeking approval from the Town Board. Action Requested: Resolved that the Town Board hereby approves the lease amendment with the Town of Mamaroneck Housing Authority and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Lease Amendment 5.13.2024 TMHA Lease Amendment Resolution - 2024 5.13.2024 Page 149 of 223 AMENDMENT TO THE GROUND LEASE BETWEEN THE TOWN OF MAMARONECK AND THE TOWN OF MAMARONECK HOUSING AUTHORITY This amendment is between the Town of Mamaroneck, a municipal corporation, having an address at Town Center, 740 West Boston Post Road, Mamaroneck, New York 10543 (Landlord) and the Town of Mamaroneck Housing Authority, a municipal housing authority established by section 569 of the New York Public Housing Law,having an address at 740 West Boston Post Road, Mamaroneck, New York (Tenant). Recitals Whereas, the parties entered into a Ground Lease on July 19, 1993 whereby the Landlord leased to the Tenant the land owned by the Landlord that is described in Schedule "A" to the Ground Lease whereon the Tenant constructed fifty-four (54) residential rental apartment units, now known as the Hommocks Park Apartments (Apartments), to be sublet to persons with limited income, and Whereas, the Tenant has been subletting fifty-three (53) such apartments (one being reserved for an on-site superintendent) ever since construction was completed, and Whereas,the parties amended the Ground Lease on June 9,2015, and Whereas, the parties wish to amend the lease further to specify the limitations on income for subtenants of the Apartments, to increase the number of apartments to be sublet to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program(see USC 42 USC §1437 [f]) and to eliminate an archaic lottery system for subletting the individual apartments. Now, therefore, intending to be bound, the parties agree as follows: Page 150 of 223 First: Section 5 A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: A. The Tenant's subtenants shall be selected in accordance with the selection criteria contained in Schedule "A" hereto. Notwithstanding such criteria, the Tenant shall utilize its best efforts to sublet no less than sixteen (16) of the apartments to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program (see USC 42 USC§1437 [f]). Second: Schedule A of the Ground Lease as amended on June 9,2015 is amended by adding the following definitions below the title of Schedule A and above section "I.: General Eligibility Requirements upon initial application" Definitions. For the purpose of this Schedule, the following terms shall have the following meanings: "Household"means the person who is, or is applying to become, a subtenant and each person who does, or will, reside in the apartment sublet or to be sublet to such person. "Income" means the annual (1) compensation for services performed, interest, dividends, social security benefits, unemployment insurance benefits, worker's compensation benefits, veteran's benefits, public assistance, alimony or maintenance, child support, rent or lease payments, royalties, licenses and distributions from (a) individual retirement accounts, (b) 401 K or other types of retirement plans or pension plans, (c) annuities, (d) trusts, (e) estates, (f) 2 Page 151 of 223 corporations, (g) limited liability companies, (h) sole proprietorships, or (i) partnerships whether or not the receipt of such payment is taxed as income by the United States and (2) amounts paid by persons who are not members of the household to or for the benefit of any member of the household. "Median gross income" means the median gross income contained in the most recent publication by the Unites States government of median gross incomes for family units in Westchester County, New York at the time that the application to become a subtenant or to renew a sublease is made. If no such publication exists, the Tenant shall use the most reliable source for such information it can find. Third: Section I A.of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and the following substituted in its place: I. General Eligibility Requirements upon Initial Application A. Income Requirements. A person applying to be a subtenant shall be offered a lease if the person's household income is certified by the Tenant or its designee as being no more than eighty (80%) percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. To make such certification,the applicant shall submit to the Tenant or its designee (1) the items reasonably needed to determine the applicant's household income and (2) a certification signed by the applicant, under oath, that the information submitted is accurate and contains complete documentation of the household's entire income. 3 Page 152 of 223 The goal of the Ground Lease is to provide affordable housing to persons in need of such housing on an ongoing basis. In order to keep rents at affordable levels, the Tenant must be confident that an applicant will be able to pay the rent on a timely basis. Therefore, in addition to income, the Tenant shall consider the applicant's creditworthiness. To do so, the applicant shall deliver to the Tenant or its designee a signed release or similar instrument that will allow the Tenant or its designee to confirm the accuracy of the information submitted and to obtain a credit report of the applicant. Notwithstanding, Subtenant's income eligibility alone does not automatically entitle subtenant to a lease as there may be other factor(s)that would otherwise disqualify a subtenant from being offered same and Tenant may, at its discretion, decline to offer a lease based on these other factor(s) so long as such decision does not violate applicable relevant State and or Federal law(s), regulation(s) and/or policy, etc. Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended by deleting from subsection B thereof the words: "and will use a lottery system to determine the order in which it will review applications within each Tiers (sic)." No change is made to the remaining portion of subsection B which shall remain in full force and effect. Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: IV. Renewal Policy 4 Page 153 of 223 A. Subtenant whose lease expires in 2024 An existing subtenant whose lease term expires during 2024 and who is not in violation of the existing lease shall be allowed to renew the lease for a one-year period at a rent equal to one hundred and four (104%) percent of the amount of the subtenant's current monthly rent regardless of the household income. B. Subtenant whose lease expires in 2025 and whose household income is no greater than 80%of Median Gross Income A subtenant whose lease term expires during 2025 and who is not in violation of the then existing lease shall be allowed to renew the lease for a one-year period at a rent equal to the adjusted rent amount as set by the Town of Mamaroneck Housing Authority Board for 2025 if the household income is recertified by the Tenant or its designee as being no more than eighty (80%) percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. C. Subtenant whose lease expires in 2025 and whose household income is more than 80% of Median Gross Income but not greater than 90% of Median Gross Income A subtenant whose lease term expires during 2025 who is not in violation of the existing lease and whose household income is recertified by the Tenant or its designee as being more than 80%of median gross income but not greater than 90% of median gross income for a family unit in Westchester County,New York which has the same number of people as there are members of the household shall be 5 Page 154 of 223 allowed to renew the lease for a one-year period at a rent equal to thirty (30%) percent of the household income. D. Subtenant whose lease expires in 2025 and whose household income is greater than 90% of Median Gross Income A subtenant whose lease term expires in 2025 shall NOT be allowed to renew the lease IF the household income is recertified by the Tenant or its designee as being greater than ninety(90%) percent of the median gross income for a family unit in Westchester County,New York which has the same number of people as there are members of the household at such rent as the Tenant determines;provided the law allows the Tenant to charge rent of that amount. E. Subtenant whose lease expires in 2026 or in a later year A subtenant whose lease term expires during 2026 or during any later year and who is not in violation of the then existing lease shall be allowed to renew the lease for a one-year period at a rent equal to the amount set by the Town of Mamaroneck Housing Authority Board for the year of the renewal only if the household income is recertified by the Tenant or its designee as being no more than eighty (80%) percent of the median gross income for a family unit in Westchester County,New York which has the same number of people as there are members of the household. For 2026 and beyond, the TMHA will not issue a lease renewal for any tenant whose household income is more than 80% of Median Gross Income but not greater than 90% of Median Gross Income F. Recertification 6 Page 155 of 223 (a)The TMHA will each year issue to eligible subtenants a proposed renewal lease. The timing for the issuance of renewal leases will be in accordance with New York State law governing notifications to subtenants based upon proposed rent increases.(b) The Tenant or a person designated by the Tenant to recertify the subtenant's income shall submit to the subtenant (1) a list of the items needed to determine the subtenant's household income, (2) a proposed certification to be signed by the subtenant, under oath, that the information to be submitted is accurate and contains complete documentation of the household's entire income and (3) a proposed release to allow the Tenant or its designee to confirm the accuracy of the information to be submitted and to obtain a credit report of the Tenant. The subtenant shall deliver the items requested, the signed certification and the signed release to the Tenant or the Tenant's designee within 30 days after receiving the aforementioned list. A subtenant's failure to submit the required items within such 30-day period will allow (but not require) the Tenant to refuse to renew such lease. Sixth: The signatories to this amendment represent that he or she has the right to enter into this amendment on behalf of the party for which he or she is signing this amendment, (ii)the consent of a third party is not required to perfect such authority, (iii) the party on whose behalf he or she is signing this amendment has undertaken all actions required to enter into this amendment, and (iv)his or her signature represents the binding obligation of such entity. Seventh: (a)This amendment constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there has been and are no 7 Page 156 of 223 representations, warranties, covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this amendment — whether oral or in writing — are superseded by this amendment and do not survive it as this document expresses the parties' entire understanding regarding the subject matter contained herein. (b) This amendment may only be changed by a writing executed by a duly authorized representative of each party. Eighth: This amendment may be executed in one or more counterparts, each of which shall be considered an original.Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Ninth: Whenever required or appropriate,words in the singular number shall be construed as if they were in the plural number Tenth: This amendment shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. Any litigation arising out of this amendment shall be brought in the Supreme Court of the State of New York in and for the County of Westchester. Eleventh: If any court of competent jurisdiction holds any provision of this amendment invalid or unenforceable,the other provisions of this amendment will remain in full force and effect.Any provision of this amendment held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such other documents and to perform such other acts as may, from time to time, be reasonably required to give full force and effect to the intent and purpose of this amendment. 8 Page 157 of 223 In witness whereof, the parties have caused this amendment to be executed by their duly authorized representatives. Town of Mamaroneck By: Meredith S. Robson, Town Administrator Town of Mamaroneck Housing Authority By: Joseph Mileto,Chairman May 13,2024 9 Page 158 of 223 EXTRACT OF THE MINUTES OF THE MEETING OF THE MAMARONECK HOUSING AUTHORITY HELD MAY 6,2024 BEGINNING AT 7:30 PM,AT THE MAMARONECK TOWN CENTER,740 WEST BOSTON POSRT ROAD,MAMARONECK,NY 10543. CONSIDERATION OF LEASE AMENDMENT—TOWN OF MAMARONECK RESOLUTION TO AMEND THE LEASE AGREEMENT BETWEEN THE TOWN OF MAMARONECK AND THE MAMARONECK HOUSING AUTHORITY. This amendment is between the Town of Mamaroneck,a municipal corporation, having an address at Town Center,740 West Boston Post Road, Mamaroneck, New York 10543(Landlord)and the Town of Mamaroneck Housing Authority, a municipal housing authority established by section 569 of the New York Public Housing Law, having an address at 740 West Boston Post Road, Mamaroneck, New York (Tenant). Recitals Whereas,the parties entered into a Ground Lease on July 19,1993 whereby the Landlord leased to the Tenant the land owned by the Landlord that is described in Schedule "A"to the Ground Lease whereon the Tenant constructed fifty-four(54) residential rental apartment units, now known as the Hommocks Park Apartments(Apartments),to be sublet to persons with limited income, and Whereas,the Tenant has been subletting fifty-three(53)such apartments(one being reserved for an on-site superintendent)ever since construction was completed,and Whereas,the parties amended the Ground Lease on June 9,2015,and Whereas,the parties wish to amend the lease further to specify the limitations on income for subtenants of the Apartments, to increase the number of apartments to be sublet to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program(see USC 42 USC§1437 If])and to eliminate an archaic lottery system for subletting the individual apartments. Now,therefore,intending to be bound,the parties agree as follows: First: Section 5 A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: A. The Tenant's subtenants shall be selected in accordance with the selection criteria contained in Schedule"A" hereto. Notwithstanding such criteria,the Tenant shall utilize its best efforts to sublet no less than sixteen (16)of the apartments to persons holding vouchers under what is commonly referred to as the Title VII Section 8 program(see USC 42 USC§1437[f]). 1 Page 159 of 22 Second: Schedule A of the Ground Lease as amended on June 9, 2015 is amended by adding the following definitions below the title of Schedule A and above section"I.:General Eligibility Requirements upon initial application" Definitions. For the purpose of this Schedule,the following terms shall have the following meanings: "Household"means the person who is,or is applying to become,a subtenant and each person who does,or will,reside in the apartment sublet or to be sublet to such person. "Income" means the annual (1) compensation for services performed, interest, dividends, social security benefits, unemployment insurance benefits, worker's compensation benefits, veteran's benefits, public assistance, alimony or maintenance, child support, rent or lease payments, royalties, licenses and distributions from (a) individual retirement accounts,(b)401 K or other types of retirement plans or pension plans,(c)annuities,(d)trusts,(e)estates,(f)corporations,(g)limited liability companies, (h)sole proprietorships,or(i)partnerships whether or not the receipt of such payment is taxed as income by the United States and(2) amounts paid by persons who are not members of the household to or for the benefit of any member of the household. "Median gross income" means the median gross Income contained in the most recent publication by the Unites States government of median gross incomes for family units in Westchester County, New York at the time that the application to become a subtenant or to renew a sublease is made. If no such publication exists,the Tenant shall use the most reliable source for such information it can find. Third: Section I A.of Schedule A of the Ground Lease as amended on June 9, 2015 is deleted and the following substituted in its place: I. General Eligibility Requirements upon Initial Application A. Income Requirements. A person applying to be a subtenant shall be offered a lease if the person's household income is certified by the Tenant or its designee as being no more than eighty (80%) percent of the median gross income for a family unit in Westchester County, New York which has the same number of people as there are members of the household. To make such certification,the applicant shall submit to the Tenant or its designee(1)the items reasonably needed to determine the applicant's household income and (2) a 2 Page 160 of 225 certification signed by the applicant, under oath, that the information submitted is accurate and contains complete documentation of the household's entire income. The goal of the Ground Lease is to provide affordable housing to persons in need of such housing on an ongoing basis. In order to keep rents at affordable levels, the Tenant must be confident that an applicant will be able to pay the rent on a timely basis. Therefore, in addition to income, the Tenant shall consider the applicant's creditworthiness. To do so,the applicant shall deliver to the Tenant or its designee a signed release or similar instrument that will allow the Tenant or its designee to confirm iI the accuracy of the information submitted and to obtain a credit report of the applicant. Notwithstanding, Subtenant's income eligibility alone does not automatically entitle subtenant to a lease as there may be other factor(s)that would otherwise disqualify a subtenant from being offered same and Tenant may,at its discretion,decline to offer a lease based on these other factor(s)so long as such decision does not violate applicable relevant State and or Federal law(s),regulation(s)and/or policy,etc. Fourth: Section III of Schedule A of the Ground Lease as amended on June 9, 2015 is amended by deleting from subsection B thereof the words: "and will use a lottery system to determine the order in which it will review applications within each Tiers(sic)." No change is made to the remaining portion of subsection B which shall remain in full force and effect. Fifth: Section IV of Schedule A of the Ground Lease as amended on June 9,2015 is deleted and the following substituted in its place: IV.Renewal Policy A. Subtenant whose lease expires in 2024 An existing subtenant whose lease term expires during 2024 and who is not in violation of the existing lease shall be allowed to renew the lease for a one-year period at a rent equal to one hundred and four(104%)percent of the amount of the subtenant's current monthly rent regardless of the household income. B. Subtenant whose lease expires in 2025 and whose household income is no greater than 80%of Median Gross Income A subtenant whose lease term expires during 2025 and who is not in violation of the then existing lease shall be allowed to renew the lease for a one-year period at a rent equal to the adjusted rent amount as set by the Town of Mamaroneck Housing Authority Board for 2025 if the household income is recertified by the Tenant or Its 3 Page 161 of 22 designee as being nn more than eighty(80%)percent of the median gross income for a � family unit in Westchester County, New York which has the same number of people as { | there are members of the household. � C. Subtenant whose lease expires in zuasand mhpm, household income ismore than 8o%vf Median Gross Income but not greater than yo%o[Median Gross ' Income ! | / x subtenant whose lease term expires during 2025 who is not in violation pf the existing 1 lease and whose household income is recertified by the Tenant or its designee as being more than gn% of median gross income but not greater than yu% of median gross � income for a family unit in Westchester County, New York which has the same number of people as there are members uf the household shall bp allowed »orenew the lease / for a one-year period at a rent equal to thirty(30%)percent of the household Income. | D. Subtenant whose lease expires m zoas and whose household income isgreater | than y0%of Median Gross Income . A subtenant whose lease term expires|nzoas shall NOT hp allowed tn renew the lease | IF the household income is recertified bv the Tenant ur its designee as being greater | than ninety(yo%)percent of the median gross income for a family unit mWestchester County, New York which has the same number of people as there are members u,the household at such rent as the Tenant determines;provided the law allows the Tenant m charge rent of that amount. � E. Subtenant whose lease expires inzozav,|nu later vear � ` xsubtenant whose lease term expires during uouao,during any later year and who is not m violation of the then existing lease shall be allowed to renew the lease for a one- year pe,ind at rent equal to the amount ,et hv the Town of Mamaroneck Housing Authority Board for the year of the renewal only if the household income is recertified � | by the Tenant n,its designee as being nomore than eighty(80%)percent of the median gross income for family unit in Westchester County, New York which has the same / number vf people as there are members of the household. For Z0%6 and beyond,the / ' nw*AwiU not issue o |eup, renewal for any tenant whose household income is more / � mha"m%of Median Gross Income but not greater than 90%of Median Gross Income / F. Recertification ! (a)The TxxnA will each year issue m eligible subtenants a proposed renewal lease. The � timing for the issuance of renewal leases will be in accordance with New York State law 4 i Page 1O2of22 ' governing notifications to subtenants based upon proposed rent increases.(b) The Tenant or a person designated by the Tenant to recertify the subtenant's income shall submit to the subtenant (1) a list of the items needed to determine the subtenant's household income, (2) a proposed certification to be signed by the subtenant, under oath, that the information to be submitted is accurate and contains complete documentation of the household's entire income and (3) a proposed release to allow the Tenant or its designee to confirm the accuracy of the information to be submitted and to obtain a credit report of the Tenant. The subtenant shall deliver the items requested,the signed certification and the signed release to the Tenant or the Tenant's designee within 30 days after receiving the aforementioned list. A subtenant's failure to submit the required items within such 30-day period will allow (but not require) the Tenant to refuse to renew such lease. Sixth: The signatories to this amendment represent that he or she has the right to enter into this amendment on behalf of the party for which he or she is signing this amendment,(ii)the consent of a third party is not required to perfect such authority,(iii)the party on whose behalf he or she is signing this amendment has undertaken all actions required to enter into this amendment,and (iv) his or her signature represents the binding obligation of such entity. Seventh: (a)This amendment constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there has been and are no representations, warranties, covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this amendment— whether oral or in writing—are superseded by this amendment and do not survive it as this document expresses the parties'entire understanding regarding the subject matter contained herein. (b)This amendment may only be changed by a writing executed by a duly authorized representative of each party. Eighth: This amendment may be executed In one or more counterparts, each of which shall be considered an original. Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Ninth: Whenever required or appropriate,words in the singular number shall be construed as if they were in the plural number 5 Page 163 of 223 Tenth: This amendment shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. Any litigation arising out of this amendment shall be brought in the Supreme Court of the State of New York in and for the County of Westchester. Eleventh: If any court of competent jurisdiction holds any provision of this amendment invalid or unenforceable,the other provisions of this amendment will remain in full force and effect.Any provision of this amendment held invalid or unenforceable only In part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such other documents and to perform such other acts as may,from time to time,be reasonably required to give full force and effect to the intent and purpose of this amendment. RESOLVED,that the Board of the Town of Mamaroneck Housing Authority hereby adopt the lease amendments and be it, Further Resolved,that the Chairman of the Housing Authority is hereby authorized to execute the lease amendment with the Town. The above resolution was approved on motion from Mr.Lawrence Thaul and seconded by Ms.Christie Philbrick-Wheaton. COUNTY OF WESTCHESTER }SS.: MAMARONECK HOUSING AUTHORITY I do hereby certify that I have compared the annexed Resolution with the original on file in my office,and that the same is a true and correct transcript therefrom and of the whole of the said original Resolution,which was duly passed by the Mamaroneck Housing Authority,a quorum being present May 6,2024. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Corporate Seal of said the Mamaroneck Housing Authority,this 13th day of May,2024. Marge ,Secretary o the Mamaroneck Housing Authority I - {Vk[ 6 Page 164 of 223 • • • _ • • • • • • Page 165 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Affordable Housing Agreement- Housing Action Council Date: June 5, 2024 Attached is a proposal from Rose Noonan, Executive Director of the Housing Action Council (HAC), to the Town of Mamaroneck to qualify and certify individuals for affordable housing at the Cambium complex. If approved, the HAC would be responsible for recertifying subtenants on an annual basis and qualifying prospective occupants as vacancies arise. The HAC would replace SJY Management as the service provider for managing the qualification and certification process for affordable housing units for the Cambium. Action Requested: Resolved that the Town Board hereby approves the agreement with Housing Action Council to qualify and certify individuals for affordable housing units for the Cambium Condominiums based on the proposal dated March 16, 2024, and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Housing Action Council_Affordable Housing Page 166 of 223 HOUSING H4 ACTION COUNCIL 55 South Broadway, 2nd FI • Tarrytown - NY 10591 Phone (914) 332-4144 • Fax (914) 332-4147 March 16, 2024 TO: Meredith S. Robson Town Administrator Town of Mamaroneck FROM: Rose Noonan Executive Director RE: Affordable Housing Qualifying/Certifying of Households for Affordable Housing Thank you for requesting a proposal from Housing Action Council("HAC")to provide services to the Town of Mamaroneck to qualify and certify individuals for affordable housing units. It is my understanding that the Cambium includes 10 affordable units that are currently occupied and that current occupants must be recertified on an annual basis and that when vacancies occur,prospective occupants must be qualified. I assume there is a waitlist. Affordable rental housing units developed pursuant to the Fair& Affordable Housing provisions of your Zoning Ordinance(§240-28) must be occupied by qualified households and their household incomes must be recertified annually. Affordable for-sale units must be initially occupied by qualified households. No annual recertification is required. The Town has designated the County of Westchester("County") as the agency responsible for administering the Fair & Affordable Housing provisions. This includes the affirmative marketing requirements, conducting the lottery and overall monitoring. It does not include qualification and recertification. It is my understanding that at this time no affordable housing units have been developed under this Code. The Housing Action Council has extensive experience in qualifying prospective applicants and recertifying tenants in affordable units including The Danforth in Dobbs Ferry, Saw Mill Lofts in Hastings-on-Hudson, and the City of New Rochelle Affordable Housing Program. Below is a description of services: HAC qualifies applicants in the order of their lottery number and household size. Applications are reviewed to determine their completeness and income qualification,and in accordance with any selection criteria. HAC follows HUD's Part V Determination of Income requirements. The following documents are reviewed: • Six(6) most recent paystubs • Federal Tax Returns with all schedules • W-2s and 1099s • If self-employed Profit& Loss Statement • Most recent three months of all bank, credit union and investment statements • Most recent statement of social security benefits and/or other benefits statements • Most recent statement of annuity payments • Most recent statement of retirement fund accounts (e.g.,403(b) and 401(k)) Page 167 of 223 • Birth certificate, driver's license, passport, military ID, state issued ID cards or other appropriate documentation Applications are rejected from consideration if the applicant does not meet income requirements or if the household size exceeds or is over the occupancy standard for the units available. Rejected applicants are notified in writing of the grounds for the rejection and are given 14 days from the date of the letter to request a meeting with HAC to discuss and/or review the rejection. In the event that the applicant requests such a meeting, HAC will schedule a meeting with the applicant within five(5) days of such request. The applicant may bring additional data to support their appeal, or present a verbal explanation or why they should not be denied occupancy. Factors taken into consideration include but are not limited to: evidence or rehabilitation or repair of the disqualifying act; length of time since the occurrence of the disqualifying act;evidence of additional income,savings or the availability of gift funds; or the likelihood of the reoccurrence of the disqualifying act. A written decision of the appeal will be provided to the applicant within five(5)days of the meeting. Qualified applicants will be offered a unit subject to the owner/manager's screening criteria in the case of tenancy or securing a responsible mortgage in the case of for-sale units. Housing Action Council is available to assist a purchaser through the mortgage approval process. HAC will provide periodic report to the Town on status of lease-ups and sales of any affordable units. For recertification, HAC will conduct the same analysis of household income determination and household composition. In addition, Housing Action Council will: • Set up a database to determine timing of annual recertifications • Provide timely notices to tenants re: recertification • Collect and analyze income documents;follow-up with tenants as needed • Notify tenants of determination • Provide semi-annual and annual report to Town Our current fee schedule is as follows: Screening& Qualifying Applicants for For-Sale Affordable Units -- $2500/closed unit Screening and Qualifying Applicants for Affordable Rental Units --$1000/leased unit Recertification of Existing Tenants in Affordable Rental Units-- $400/unit We generally increase our fees 2%to 3%annually. Please let me know if you would like to discuss the proposal.. Thank you for the opportunity. Page 168 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: "Supersession of Portions of Section 244-a (8) of the New York Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non-Residential Development" Date: June 5, 2024 Attached is a memo from Town Attorney, Bill Maker, regarding a local law that would update the procedures for acceptance of site plan applications. Should the Board find this proposed local law acceptable in its current state, it still must supersede Town Law §274-a (8) before this revision can be effective. If approved, the Board must set public hearings for both the site plan law and the supersession law. I offer the following resolution: Action Requested: Resolved that the Town Board does hereby set the date for a Public Hearing for both the "Supersession of Portions of Section 244-a (8) of the New York Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non- Residential Development" Law for June 26,2024. Attachment/s: 2024-05-31-mx and LLs Page 169 of 223 0• -5, ff '1 oSti ii_ 15 Town of Mamaroneck L -- County of Westchester ':FOUNDED 4661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914 /381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board ccs: Meredith S. Robson, Town Administrator Allison May,Town Clerk Ralph Engel, Chair of the Planning Board From: William Maker,Jr., Attorney for the Town Subject: Revision of the Site Plan law Date: May 31, 2024 I attach both a redlined and a final version of the proposed law. The difference from the version reviewed on May 22 is the replacement of 62-day deadlines with 90-day deadlines for applications filed or public hearings closed or waived during the summer months. The Town Board still must supersede Town Law§274-a (8) before this revision of the site plan law can be effective. Hence,if the Town Board considers this proposed law worthy of public discussion, it may set public hearings for both this law and the supersession law. After those hearings are closed, the Town Board can decide whether to enact these local laws. For convenience, I also attach a copy of the proposed supersession law. Page 170 of 223 Local Law No. -2024 This local law shall be known as the "Update of the Procedures for Site Plan Review of Non- Residential Development" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: Based upon the Planning Board's experience in handling applications for site plan review, certain aspects of the process are updated by this local law to make the process run more smoothly both for applicants and the Planning Board. Section 2-Amendment of a current section of the Mamaroneck Code: Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-9 Pre-submission conference. A. Prior to the submission of a site plan application, the applicant and/or the applicant's authorized representative shall meet in person or virtually with a group consisting of some or all of the following persons: the Building Inspector, the Director of Building Code Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer, the Environmental Planner or Coordinator, the Attorney for the Planning Board, the Attorney for the Town and any other Town employees or outside consultants invited to the conference by the Town. The purpose of such conference shall be to discuss proposed uses or development, identify potential issues and review the procedural requirements for a site plan application so that the applicant will have a better understanding of the process for site plan approval. B. An application for site plan approval involving a parcel that requires variances of any kind for its proposed use must include a copy of the resolutions adopted by the Board of Appeals granting such variances. If a requisite variance has not been obtained at the time such application is filed, the applicant may include with the application a list of all variances that the proposed site plan will require. The Planning Board may consider the application but will not grant site plan approval until the applicant presents a copy of the resolutions adopted by the Board of Appeals granting such variances. The grant of a variance shall not require the Planning Board to grant site plan approval. Page 171 of 223 C. If a use for which a special use permit already has been issued will continue, and if such special use permit is still in effect, the application for site plan approval shall contain a copy of the most recent special use permit. D. If the application for site plan approval will require a new or amended special use permit, the application for site plan approval shall be accompanied by an application for a special use permit. Section 3—Amendment of a current section of the Mamaroneck Code: Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-10 Contents of application;filing. A. Within six months of the later of the pre-submission conference or the grant of all required variances, the applicant shall file with the Building Department an application for site plan approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan prepared by a New York State licensed architect or a New York State licensed professional engineer under his/her professional seal and a copy of a certified survey prepared by a New York State licensed surveyor under his/her professional seal on which is superimposed the site, as it exists at the time of the application. Unless the Building Department requests a different number, there shall be at least three (3) full-size copies, nine (9) reduced-size copies of the aforementioned items and one copy in a digital format acceptable to the Engineer. The size, type and quantity of all additional submissions shall be the same as the original submission. The detailed development plan shall contain the information specified below: (1) A map showing the applicant's entire property and adjacent properties, including all improvements thereon, and streets, within a radius of five hundred (500) feet from the perimeter of the site, at a scale of not more than fifty (50) feet to the inch and all easements, licenses, leases, covenants and other restrictions, if any, other than zoning,that affect the proposed use of the land. (2) The present and the proposed use, location, height and design of all existing and proposed buildings and structures whether or not designated for demolition or removal,including front, rear and side elevations. (3) Any proposed division of buildings and structures. 2 Page 172 of 223 (4) Any proposed division of any building into units of separate occupancy. (5) The proposed spatial arrangement of land uses. (6) Existing topography and proposed grade elevations at intervals of two (2) feet or less, unless the Engineer determines that such information is unnecessary for site plan review. (7) The location of all existing watercourses, waterbodies, intermittent streams wetland areas, designated floodplains, rock outcroppings, wooded areas and other significant existing features. (8) The configuration of all existing and proposed public and private roads, drives and walkways. (9) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (10) The location of all proposed parking and truck-loading/unloading areas, with access and egress drives thereto. (11) The directional flow of traffic and the location of all proposed traffic safety devices, including but not limited to signage, pavement markings, signals and equipment. (12) The location of any proposed outdoor storage. (13) The location and description of all existing and proposed site improvements, including, but not limited to, drainage pipes, drains, culverts, ditches, bridges and/or other drainage works, retaining walls, medians, dividers and fences. Drainage information shall be provided by a New York State licensed professional engineer, furnished under his/her seal. (14) The location of all proposed and existing easements. (15) The location of any special and/or zoning district lines. (16) A description of the method of water supply and sewage and garbage disposal and recycling facilities and the proposed location of such facilities and their proposed connection to existing public facilities. (17) The location,height and size of all proposed signs. 3 Page 173 of 223 (18) A landscaping plan showing the location, height, description, quality and design of all existing and proposed landscaping and buffer areas, including, but not limited to, the plantings proposed to be removed, moved or added and an explanation of how the plantings that remain and the plantings proposed to be added will be protected and maintained. (19) The location, height and design of all proposed lighting, power and communication facilities. (20) The layout of all above and below-ground utilities serving the site that are not mentioned herein. (21) Letters or permits in the applicant's possession at the time the application is filed from all other agencies having jurisdiction with their comments, if any, on the site development plan (22) The location of fire and other emergency zones, including,but not limited to the location of fire hydrants, access drives, gates and appurtenances. (23) The location, height, design and direction of all exterior and rooftop structures and facilities, including, but not limited, the placement of noise baffles and appropriate screening and a statement that all are in accordance with the provisions of Chapter 240 of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable. (24) The proposed location and design of all accessible parking and accessible routes required pursuant to the New York State Uniform Fire Prevention and Building Code or any Code that replaces it. (25) Any other pertinent information as the Building Inspector, Director of Building Code Enforcement and Land Use Administration, the Town Engineer, the Deputy Town Engineer or the Planning Board may deem appropriate to determine and provide for the proper enforcement of this chapter. B. The applicant shall submit proof that he/she/it has the right to use the site. Such proof can be in the form of a deed, a lease, an easement, a license or some other form of permission acceptable to the counsel for the Planning Board. A copy the deed showing the site's present owner shall be submitted. If the applicant is not the sole owner of the property, the application shall include a notarized letter from the other owners consenting to the application for site plan approval unless such approval is provided on the submitted application form. 4 Page 174 of 223 C. If the site plan indicates a development in stages, a supplementary plan shall be submitted contemporaneously with the proposed site plan, showing the total contemplated development and the proposed phasing. D. Subsequent applications to alter or amend an approved site plan, which are not exempt from site plan review pursuant to § 177-7C of the Code of the Town of Mamaroneck, need only contain documents and information which directly relate to the proposed alteration or amendment. However, the alteration will be considered in the context of the entire previously approved site plan. The size,type and quantity of all additional submissions shall be the same as required by § 177- 10A of the Code of the Town of Mamaroneck. E. Nothing hereinabove shall preclude the Planning Board from requesting that additional documents be filed (i) in order for the application to be deemed complete or (ii) in connection with the Planning Board's review of the application. Section 4—Amendment of a current section of the Mamaroneck Code: Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-12 Public hearing and action by Planning Board. A. Public hearing (1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public hearing on a site plan application shall be opened by the Planning Board, within 99 62 days after the Engineer certifies that a properly completed application has been received within the meaning of Town Law § 274-a (8). Notwithstanding such certification, the Planning Board may determine that an application is incomplete and if it does, it shall identify the required items that are missing therefrom. Such application shall not be considered received within the meaning of Town Law § 274-a (8) until the Engineer certifies that the applicant has supplied the missing items. A public hearing on a site plan application previously determined not to have been received within the meaning of Town Law §274-a (8) shall be opened by the Planning Board within 9962 days after the Engineer's certification that the applicant has supplied the missing items. For applications certified as complete by the Engineer between June 1 and August 31. the number of days within which a public hearing shall be opened shall be 90 days,not 62 days. (2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be opened only 5 Page 175 of 223 (i) if the Building Inspector or the Director of Building Code Enforcement and Land Use Administration has certified that the proposed site plan meets all requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all requirements of any variances granted by the Board of Appeals, and (ii) if the Secretary to the Planning Board has certified that the applicant has complied with the notification procedures of Chapter 144 of the Code of the Town of Mamaroneck for site plan applications where compliance therewith is mandated. (3) In its discretion, the Planning Board may waive the requirement for a public hearing if it makes written findings setting forth why such waiver is not inconsistent with the purpose of this chapter. B. Action by Planning Board. (1) Within 9062 days after the date on which the public hearing is closed, or within 9062 days after the meeting at which the Planning Board determines to waive the requirement for a public hearing, the Planning Board shall either approve, disapprove or approve with conditions the site plan application and shall specify the conditions of site plan approval, if any.-When a public hearing is closed, or the Planning Board's determination to waive a public hearing occurs in rune, July or August, the time within which the Planning Board must act upon such application shall be 90 days, not 62 days. (2) A resolution disapproving a site plan application shall include written findings for the disapproval. (3) Applications for alterations or amendments to an approved site plan shall be acted upon in the same manner as the application for the approval of the original site plan. The fact that a hearing was held or waived for the original application shall not predetermine how an application for an amended site plan is to be processed. Section 5—Amendment of a current section of the Mamaroneck Code: Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-14 Filing of approved site plan;expiration of approval. A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of the applicant to include all conditions imposed by the Planning Board. When such conditions are properly incorporated into the revised site plan, it shall be signed and dated by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the 6 Page 176 of 223 approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and the Environmental Planner. B. The approval of a site plan or an amendment to a site plan shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within twenty-four (24) months from the date of such approval. If the Engineer determines that there is no substantial change in the approved site plan and in the condition of the site and/or its environs prior to the date such approval will expire, the Planning Board may extend its approval for a period of up to one (1) year. If an approval is extended, such approval shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within the period of the extension period. Section 6—Amendment of a current section of the Mamaroneck Code: Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-18 Penalties for offenses. A. A person who violates any provision of this chapter shall be guilty of an offense within the meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this chapter,the convicted person and/or entity shall be punished by a fine of not less than two- hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity convicted of placing any structure which requires site plan approval or an amendment to a site plan approval without first obtaining such approval shall be punished by a fine of not less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand five hundred and no/100ths ($2,500.00) dollars per day. B. Nothing in this section shall limit the Town from seeking other or additional remedies, including but not limited to injunctive relief and/or the issuance of stop work orders, if a person (i) places any structure which requires site plan approval or approval of an amendment to a site plan approval without first obtaining such approval or (ii) fails to comply with an approved site plan or an approved amendment thereof or (iii) fails to comply with any of the terms or conditions of the Planning Board resolution that approved such site plan or amendment thereof. 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 7 Page 177 of 223 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. 2024-05431-LL-rev per TB 5 08 mtgfor summer 8 Page 178 of 223 Local Law No. -2024 This local law shall be known as the "Update of the Procedures for Site Plan Review of Non- Residential Development" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: Based upon the Planning Board's experience in handling applications for site plan review, certain aspects of the process are updated by this local law to make the process run more smoothly both for applicants and the Planning Board. Section 2-Amendment of a current section of the Mamaroneck Code: Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-9 Pre-submission conference. A. Prior to the submission of a site plan application, the applicant and/or the applicant's authorized representative shall meet in person or virtually with a group consisting of some or all of the following persons: the Building Inspector, the Director of Building Code Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer, the Environmental Planner or Coordinator, the Attorney for the Planning Board, the Attorney for the Town and any other Town employees or outside consultants invited to the conference by the Town. The purpose of such conference shall be to discuss proposed uses or development, identify potential issues and review the procedural requirements for a site plan application so that the applicant will have a better understanding of the process for site plan approval. B. An application for site plan approval involving a parcel that requires variances of any kind for its proposed use must include a copy of the resolutions adopted by the Board of Appeals granting such variances. If a requisite variance has not been obtained at the time such application is filed, the applicant may include with the application a list of all variances that the proposed site plan will require. The Planning Board may consider the application but will not grant site plan approval until the applicant presents a copy of the resolutions adopted by the Board of Appeals granting such variances. The grant of a variance shall not require the Planning Board to grant site plan approval. Page 179 of 223 C. If a use for which a special use permit already has been issued will continue, and if such special use permit is still in effect, the application for site plan approval shall contain a copy of the most recent special use permit. D. If the application for site plan approval will require a new or amended special use permit, the application for site plan approval shall be accompanied by an application for a special use permit. Section 3-Amendment of a current section of the Mamaroneck Code: Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-10 Contents of application;filing. A. Within six months of the later of the pre-submission conference or the grant of all required variances, the applicant shall file with the Building Department an application for site plan approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan prepared by a New York State licensed architect or a New York State licensed professional engineer under his/her professional seal and a copy of a certified survey prepared by a New York State licensed surveyor under his/her professional seal on which is superimposed the site, as it exists at the time of the application. Unless the Building Department requests a different number, there shall be at least three (3) full-size copies, nine (9) reduced-size copies of the aforementioned items and one copy in a digital format acceptable to the Engineer. The size, type and quantity of all additional submissions shall be the same as the original submission. The detailed development plan shall contain the information specified below: (1) A map showing the applicant's entire property and adjacent properties, including all improvements thereon, and streets, within a radius of five hundred (500) feet from the perimeter of the site, at a scale of not more than fifty (50)feet to the inch and all easements, licenses, leases, covenants and other restrictions, if any, other than zoning, that affect the proposed use of the land. (2) The present and the proposed use, location, height and design of all existing and proposed buildings and structures whether or not designated for demolition or removal, including front,rear and side elevations. (3) Any proposed division of buildings and structures. 2 Page 180 of 223 (4) Any proposed division of any building into units of separate occupancy. (5) The proposed spatial arrangement of land uses. (6) Existing topography and proposed grade elevations at intervals of two (2) feet or less, unless the Engineer determines that such information is unnecessary for site plan review. (7) The location of all existing watercourses, waterbodies, intermittent streams wetland areas, designated floodplains, rock outcroppings, wooded areas and other significant existing features. (8) The configuration of all existing and proposed public and private roads, drives and walkways. (9) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (10) The location of all proposed parking and truck-loading/unloading areas, with access and egress drives thereto. (11) The directional flow of traffic and the location of all proposed traffic safety devices, including but not limited to signage, pavement markings, signals and equipment. (12) The location of any proposed outdoor storage. (13) The location and description of all existing and proposed site improvements, including, but not limited to, drainage pipes, drains, culverts, ditches, bridges and/or other drainage works, retaining walls, medians, dividers and fences. Drainage information shall be provided by a New York State licensed professional engineer,furnished under his/her seal. (14) The location of all proposed and existing easements. (15) The location of any special and/or zoning district lines. (16) A description of the method of water supply and sewage and garbage disposal and recycling facilities and the proposed location of such facilities and their proposed connection to existing public facilities. (17) The location,height and size of all proposed signs. 3 Page 181 of 223 (18) A landscaping plan showing the location, height, description, quality and design of all existing and proposed landscaping and buffer areas, including, but not limited to, the plantings proposed to be removed, moved or added and an explanation of how the plantings that remain and the plantings proposed to be added will be protected and maintained. (19) The location, height and design of all proposed lighting, power and communication facilities. (20) The layout of all above and below-ground utilities serving the site that are not mentioned herein. (21) Letters or permits in the applicant's possession at the time the application is filed from all other agencies having jurisdiction with their comments, if any, on the site development plan (22) The location of fire and other emergency zones, including,but not limited to the location of fire hydrants, access drives, gates and appurtenances. (23) The location, height, design and direction of all exterior and rooftop structures and facilities, including, but not limited, the placement of noise baffles and appropriate screening and a statement that all are in accordance with the provisions of Chapter 240 of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable. (24) The proposed location and design of all accessible parking and accessible routes required pursuant to the New York State Uniform Fire Prevention and Building Code or any Code that replaces it. (25) Any other pertinent information as the Building Inspector, Director of Building Code Enforcement and Land Use Administration, the Town Engineer, the Deputy Town Engineer or the Planning Board may deem appropriate to determine and provide for the proper enforcement of this chapter. B. The applicant shall submit proof that he/she/it has the right to use the site. Such proof can be in the form of a deed, a lease, an easement, a license or some other form of permission acceptable to the counsel for the Planning Board. A copy the deed showing the site's present owner shall be submitted. If the applicant is not the sole owner of the property, the application shall include a notarized letter from the other owners consenting to the application for site plan approval unless such approval is provided on the submitted application form. 4 Page 182 of 223 C. If the site plan indicates a development in stages, a supplementary plan shall be submitted contemporaneously with the proposed site plan, showing the total contemplated development and the proposed phasing. D. Subsequent applications to alter or amend an approved site plan, which are not exempt from site plan review pursuant to § 177-7C of the Code of the Town of Mamaroneck, need only contain documents and information which directly relate to the proposed alteration or amendment. However, the alteration will be considered in the context of the entire previously approved site plan. The size, type and quantity of all additional submissions shall be the same as required by § 177- 10A of the Code of the Town of Mamaroneck. E. Nothing hereinabove shall preclude the Planning Board from requesting that additional documents be filed (i) in order for the application to be deemed complete or(ii) in connection with the Planning Board's review of the application. Section 4-Amendment of a current section of the Mamaroneck Code: Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-12 Public hearing and action by Planning Board. A. Public hearing (1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public hearing on a site plan application shall be opened by the Planning Board, within 62 days after the Engineer certifies that a properly completed application has been received within the meaning of Town Law § 274-a (8). Notwithstanding such certification, the Planning Board may determine that an application is incomplete and if it does, it shall identify the required items that are missing therefrom. Such application shall not be considered received within the meaning of Town Law § 274-a (8) until the Engineer certifies that the applicant has supplied the missing items. A public hearing on a site plan application previously determined not to have been received within the meaning of Town Law §274-a (8) shall be opened by the Planning Board within 62 days after the Engineer's certification that the applicant has supplied the missing items. For applications certified as complete by the Engineer between June 1 and August 31, the number of days within which a public hearing shall be opened shall be 90 days,not 62 days. (2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be opened only 5 Page 183 of 223 (i) if the Building Inspector or the Director of Building Code Enforcement and Land Use Administration has certified that the proposed site plan meets all requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all requirements of any variances granted by the Board of Appeals, and (ii) if the Secretary to the Planning Board has certified that the applicant has complied with the notification procedures of Chapter 144 of the Code of the Town of Mamaroneck for site plan applications where compliance therewith is mandated. (3) In its discretion, the Planning Board may waive the requirement for a public hearing if it makes written findings setting forth why such waiver is not inconsistent with the purpose of this chapter. B. Action by Planning Board. (1) Within 62 days after the date on which the public hearing is closed, or within 62 days after the meeting at which the Planning Board determines to waive the requirement for a public hearing, the Planning Board shall either approve,. disapprove or approve with conditions the site plan application and shall specify the conditions of site plan approval, if any. When a public hearing is closed, or the Planning Board's determination to waive a public hearing occurs in June, July or August, the time within which the Planning Board must act upon such application shall be 90 days,not 62 days. (2) A resolution disapproving a site plan application shall include written findings for the disapproval. (3) Applications for alterations or amendments to an approved site plan shall be acted upon in the same manner as the application for the approval of the original site plan. The fact that a hearing was held or waived for the original application shall not predetermine how an application for an amended site plan is to be processed. Section 5—Amendment of a current section of the Mamaroneck Code: Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-14 Filing of approved site plan;expiration of approval. A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of the applicant to include all conditions imposed by the Planning Board. When such conditions are properly incorporated into the revised site plan, it shall be signed and dated by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the 6 Page 184 of 223 approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and the Environmental Planner. B. The approval of a site plan or an amendment to a site plan shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within twenty-four (24) months from the date of such approval. If the Engineer determines that there is no substantial change in the approved site plan and in the condition of the site and/or its environs prior to the date such approval will expire, the Planning Board may extend its approval for a period of up to one (1) year. If an approval is extended, such approval shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within the period of the extension period. Section 6-Amendment of a current section of the Mamaroneck Code: Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-18 Penalties for offenses. A. A person who violates any provision of this chapter shall be guilty of an offense within the meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this chapter, the convicted person and/or entity shall be punished by a fine of not less than two- hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity convicted of placing any structure which requires site plan approval or an amendment to a site plan approval without first obtaining such approval shall be punished by a fine of not less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand five hundred and no/100ths ($2,500.00) dollars per day. B. Nothing in this section shall limit the Town from seeking other or additional remedies, including but not limited to injunctive relief and/or the issuance of stop work orders, if a person (i) places any structure which requires site plan approval or approval of an amendment to a site plan approval without first obtaining such approval or (ii) fails to comply with an approved site plan or an approved amendment thereof or (iii) fails to comply with any of the terms or conditions of the Planning Board resolution that approved such site plan or amendment thereof. 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 7 Page 185 of 223 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. 2024-05-31-LL-rev for summer 8 Page 186 of 223 Local Law No. -2024 This local law shall be known as the "Supersession of Portions of Section 274-a(8) of the New York Town Law in the Town of Mamaroneck" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 —Purpose. The Town Board concludes that increasing the period within which the Planning Board must act upon a site plan application from sixty-two days to ninety days will avoid the failure of the Planning Board to act upon a site plan application due to summer schedules or the lack of a quorum. Expending the time line by less than thirty days will not lead to an inordinate delay in processing site plan applications. Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck and Supersession of New York Town Law section 274-a(8) Section 177-12 of the Code of the Town of Mamaroneck hereby is amended to add the following new paragraph(D) thereto: D. Portions of section 274-a (8) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 274-a (8) of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck. "§ 274-a. Site plan review. 8. Public hearing and decision on site plans. In the event a public hearing is required by ordinance or local law adopted by the town board, the authorized board shall conduct a public hearing within [sixty-two] ninety days from the day an application is received on any matter referred to it under this section. The authorized board shall mail notice of said hearing to the applicant at least ten days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the town at least five days prior to the date thereof and shall make a decision on the application within [sixty-two] ninety days after such hearing, or after the day the application is received if no hearing has been held. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and such board. The decision of the authorized board shall be filed in the office of the town clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required." 1 Page 187 of 223 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 upon filing with the Secretary of State 2024-5-17-LL 2 Page 188 of 223 0 ul 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 2024 Capital Budget Amendments Date: June 5, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding the 2024 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 189 of 223 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: June 5, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 budget amendments are recommended for approval. 1- Shaft 22- Chlorination System (H1365) Funding of $40,000 was included in the 2023 Adopted Capital Budget for the Town Administrator's vehicle replacement. Additional funding of $7,088 is needed for the purchase. The vehicle used by the Town Administrator for Town purposes is rotated into the police department fleet. A budget amendment is recommended below. 2-Kenilworth Booster Pump Station Modifications (H1403) This is a joint capital improvement project that involves minor piping and valve work at the Kenilworth Booster Pump Station to optimize water flow from the Kenilworth Tank into the intermediate pressure zone. The work must be completed prior to the peak summer water demand period. The expected cost, including engineering, is $160 thousand. A budget amendment is recommended below using contingency funding. Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - June 5, 2024 Page 190 of 223 2024 CAPITAL BUDGET AMENDMENTS CAPITAL FUND (FUND H): Amount 1 Revenue H1365-5038 Transfer from SW Increase 2,112.09 Expense H1365-0400 Shaft 22- Chlorination System Increase 2,112.09 2 Revenue H1403-5038 Transfer from SW Increase 28,320.00 Expense H1403-0400 Kenilworth Booster Station Increase 28,320.00 WATER FUND (FUND SVV): 1 Expense SW9900-5040 Transfer to H (H1365) Increase 2,112.09 Expense SW9999-4050 Contingency Decrease (2,112.09) 2 Expense SW9900-5040 Transfer to H (H1403) Increase 28,320.00 Expense SW9999-4050 Contingency Decrease (28,320.00) Page 191 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Review of Bid Results - TA-24-06 Parks Department and Sign Shop Facility Reconstruction Date: June 5, 2024 Attached is a memo from Town Engineer, Robert Wasp, regarding the Parks Department and Sign Shop Facility Reconstruction project. All five (5) bid proposals received exceeded the award amount threshold in the Wick's Law statute, which prohibits a single-prime contract exceeding $1.5 million in Westchester County per Section 135 of the New York State Finance Law. The Engineering Department is recommending that the submitted bid proposals be rejected and that a re-design of the project be considered to incorporate measures for cost savings and to address the requirements of Wicks Law. Action Requested: Resolved that the Town Board hereby rejects all five (5) bid proposals submitted on April 11, 2024 and hereby authorizes the Engineering Department to rebid contract TA-24-06 to incorporate measures for cost savings and to address requirements of Wicks Law. Page 192 of 223 u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofm am aroneckNY.org Date: May 22, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Review of Bid Results - TA-24-06 Parks Department and Sign Shop Facility Reconstruction General: Bid procurement was recently completed for the Parks Department and Sign Shop Facility Reconstruction project. The project scope involves the demolition of the existing 1 1/2 story structure and construction of a new modern building intended to serve the respective Town Highway Department operations. New parking and storage areas combined with upgraded utility infrastructure would be constructed as part of the facility upgrade. The new building was designed for compliance with all current commercial building codes and included numerous energy efficient design elements such as heat pumps, spray foam insulation and provisions for future integration of solar panels, EV charging and a backup generator. On April 11, 2024, five (5) bid proposals were received as summarized on the attached bid tabulation table. The apparent lowest cost proposal was provided from "Icon Construction Group, Inc." at the submitted base bid price of$2,687,000.00. All bid proposals received were significantly greater than the allocated budget available in capital project. The most recent construction cost estimate prepared by Town's consultant team in summer 2023 had established the expected construction budget at $1,663,250.00 with contingency and soft costs included. The bid results received are problematic due to the resulting budget shortfall, but also for exceedance of Wicks Law statue that prohibits the award of a single-prime construction contract in excess of $1.5M in Westchester County per Section 135 of the New York State Finance Law. Wick's Law contends that (4) separate prime contracts must be advertised for general construction, plumbing, electrical and HVAC related work scopes. Comparable total project costs are measurably higher when multiple prime contracts are utilized compared to projects with similar single prime contracts. Several meetings have been held with prospective bidders to review detailed breakdowns of cost items included in their bid totals. While significant general cost escalation was recognized across bid values for carpentry, electrical and plumbing building trade work, these meetings have been Page 193 of 223 beneficial to identify potential cost savings that can be considered through redesign of the project. Potential design changes that can be considered through the value engineering process include aesthetic changes to the building facade, use of alternative building materials and elimination of equipment added to support operational function, but not required by the Building Code. Our Town consultant team estimates that overall cost savings of between $350,000-$550,000 could potentially be recognized through the value engineering process that is currently in progress. It's important to recognize however that rebidding the project with multiple prime contracts and inclusion of additional soft costs for re-design and construction management services will likely negate the prospective construction cost savings. The added soft costs for construction management service to now manage the separate prime contracts can be estimated as 10-12% of the expected project construction cost. The Engineering Department recommends that the submitted bid proposals should be rejected from award and that re-design of the project should be considered to incorporate measures for cost savings and to address requirements of Wicks Law. Please feel free to contact me with any questions. Attachment/s: Tabulation_TA-24-06 Parks Building Page 194 of 223 \ \\ \ \ / ) • { \2 g \ P J © & ] \\ } f • \ ) / § ( { 2 \ \ } K4 \ \oij ' 4 �\\\ ;§ i /tf ® ` 4B8.` ) g \ LriLl /' a® ��\ ) ; 2: � / \\ 2 ) ` j\ Page 195 0 223 ) \ 2a ; E:1 \ (\ . ; \ / \\ \ a°,1 1;4a ° ` 4B ® } //\ { �\ ) \ ; 2: / \\ ) ; ` j\ ,\\ 9 !} \ \ }/ Page 196 0 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer William Maker Jr., Town Attorney Re: Review of Easement Agreement Private Drain Connection - 670 Forest Avenue Date: June 5, 2024 Attached is a draft easement agreement from Town Attorney, Bill Maker, for the installation of a private drain connection to a Town storm sewer catch basin located on the residential property at 670 Forest Avenue. The Engineering Department has reviewed the attached documents and recommends that the Board consider approving the easement agreement. Action Requested: Resolved that the Town Board hereby authorizes the Town Administrator to sign the easement agreement and any related documents necessary to carry out its implementation. Page 197 of 223 v u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: June 5, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: William Maker Jr.Town Attorney Subject: Review of Easement Agreement Private Drain Connection - 670 Forest Avenue General: Installation of a private drain connection is proposed to a Town storm sewer catch basin from new stormwater management practice located on the residential property at 670 Forest Avenue. The proposed connection requires the installation of approximately 116 linear feet of new 4-inch diameter piping within the grassed shoulder area of Forest Avenue that necessitates an easement agreement between the Town and property owner prior to the issuance of permits. The attached easement agreement and supporting documents have been drafted by the Applicant based upon the Town's standard template as developed with Mr. Maker. The easement creates a 5' width area along the length of the proposed private drain pipe to allow for continued maintenance access by the Owner. The Applicant will be responsible to restore all disturbed areas of the Town right-of-way in accordance with Town construction specifications. Maintenance of the proposed private drain connection is the responsibility of the owners of 670 Forest Avenue and their successors. The Applicant has applied to obtain Town Surface Water and Erosion Control (SWEC) and Highway permits from the Engineering Depailiuent for the proposed scope of work that will when all issuance criteria are met, including execution of the subject easement agreement. There are no expected utility impacts for the proposed private drain connection due to the small pipe size and shallow depth of required installation. The Engineering Depailiuent has reviewed the attached documents and recommends that authorization should be granted for the easement agreement to be signed. Attachment/s: 670 FOREST AVE LARCHMONT- Drainage easement Schedule A Fri May 10 2024 10-24- 16 670 Forest Ave ROW License Agreement 05092024 Thu May 9 2024 11-39-49 TP-584 - 670 Forest Ave Wed May 15 2024 07-21-56 Page 198 of 223 DRAINAGE EASEMENT SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being in the Village of Larchmont, Town of Mamaroneck, Westchester County, and State of New York, shown as Lots13, 14, & 15 in Block No. 323 on a certain map entitled, "Map of Woods of Larchmont, situated in the Town of Mamaroneck, and the City of New Rochelle, in the County of Westchester and State of New York"filed in the Westchester County Clerk's Office Division of Land Records on March 11, 1910, as map No. 1896 More particularly described as follows; BEGINNING at a point on the northerly side of Forest Avenue said point being North 71 degrees 2 minutes 25 seconds East 33.9 feet from the intersection of the dividing line between lot 15 and 16 and the northerly Line of Forest Avenue in said block as shown on said map; Thence easterly along the northerly side of Forest Avenue North 71 degrees 2 minutes 25 seconds East 5.60 feet a point; Thence through right-of-way of Forest Avenue the following courses and distances; South 45 degrees 40 minutes 57 seconds East 20.20'to a point North 71 degrees 02 minutes 25 seconds East 118.50'to a point South 18 degrees 57 minutes 35 seconds East 5.00'to a point South 71 degrees 02 minutes 25 seconds West 121.58'to a point North 45 degrees 40 minutes 57 seconds West 25.80 feet to the point and place of BEGINNING. Page 199 of 223 Easement Agreement This Agreement made as of May 9th, 2024 between Lucio Rainelli & Michelle Murphy ("Owners"), residing at 670 Forest Ave, Larchmont, NY 10538 and the Town of Mamaroneck ("Town"), a municipal corporation having its principal offices at 740 West Boston Post Road, Mamaroneck, NY 10543. Recitals Whereas, the Owners own the real property known by the postal address of 670 Forest Ave, Larchmont, NY 10538 ("Owners' Property") and designated as Section 1, Block 11, Lot 19 on the Tax Assessment Map of the Town of Mamaroneck, and Whereas, the Owners will construct a Storm Sewer Line consisting of piping leading from the front yard drywell, proceeding underneath the public right of way of Forest Ave to the Catch Basin (defined below) where it will be connected to the Catch Basin, and Whereas, in order to accomplish this result, the Owners need permission from the Town for the proposed underground storm water line within the right of way of Forest Ave, and Whereas, the Town is amenable to granting an easement to the Owners in/under the right of way of Forest Ave for this purpose. Now, therefore, intending to be bound, the parties agree as follows: 1. Other Definitions. For the purpose of this agreement, the following terms shall have the following meanings: [1] Page 200 of 223 "Catch Basin" means the existing public storm water catch basin located in front of the real property known by the postal address of 674 Forest Ave (Section 1, Block 11, Lot 26 on the Tax Assessment Map of the Town of Mamaroneck), south of Forest Ave. "Storm Sewer Line" means a storm water sewer line made of polyvinyl chloride (PVC) and conduits, connections, drains, filters, fittings, gates, mains, manholes, pipes and valves which the Owners may install,connect, construct,extend,lay,maintain,repair, replace or reconstruct in the Easement Area. "Easement Area" means the portion of Town right-of-way shoulder located between the Town curbing and property line occupied by the storm sewer line. "Owners" includes not only Lucio Rainelli and Michelle Murphy but their agents, contractors,employees and licensees and their grantees, successors, assigns, distributees, legatees and personal representatives. A capitalized "Repair" or "Repaired" includes not only repairs but replace and reconstruction as well. "Tax" has the same meaning as the definition of "tax" or "taxation" contained in section 102 (20) of the New York Real Property Tax Law. "Work" means the initial installation of the Storm Sewer Line and its maintenance, repair, replacement or reconstruction. 2. Grant of an Easement. (a) (i)The Town grants and conveys to the Owners a perpetual, but not exclusive, easement upon, under, through and across the Easement Area to install, connect, construct, extend, lay, maintain, repair, replace or reconstruct the Storm Sewer Line for [2] Page 201 of 223 the sole purpose of transporting storm water from the Owners' Property to the Catch Basin. (ii) The Storm Sewer Lines and its outlet connection to the Town's catch basin shall be installed in a manner that conforms to the plan submitted by the Owners to, and approved by the Town Engineer(which approval will not be unreasonably withheld). All Staging and storage of materials required for Work related to the Storm Sewer Line shall not be placed within the pavement limits of Forest Ave. The Owners shall be required to maintain ingress and egress to Forest Ave via the existing driveway curb cut during Work. Where required by the Town, the Owners shall follow this same protocol whenever the Storm Sewer Line needs to be maintained or Repaired. (iii) Before commencing construction, the Owners shall (a) provide the Town with a certificate of insurance, issued by an insurance company that has an AM Best rating of "A" or better, that has required minimum coverages applicable for Town Highway Permit issuance. , (b) obtain a Highway permit from the Town's Highway Department and (c) obtain whatever other approvals or permits may be required in order to do the Work. (iv)The Owners shall use their best efforts to perform the Work expeditiously and with the least possible interference to the pedestrian and motor vehicular traffic on Forest Avenue. The sidewalks, curbs and the paved roadway disturbed by the Work will be restored as soon as possible (weather permitting) to the condition that existed before the Work commenced. [31 Page 202 of 223 (v) The areas disturbed by the Work performed pursuant to this paragraph will not be left in a hazardous condition when the Work ceases at the end of a day. (vi) The Owners will hold a pre-construction meeting with the Town before the Work is commenced. (b) The Owners shall be responsible for paying all of the costs incurred in connection with the Work and shall indemnify and hold the Town harmless from any claims for personal injury, death or property damage arising out of the Work and at their sole cost and expense,shall provide legal counsel for the Town and shall engage whatever experts may be necessary in order to defend the Town against any such. claims. (c) The parties recognize that the Owners' Property has been developed with a single-family residence and that the Owners are granted this easement with the understanding that the Storm Sewer Line will be used to drain storm water only from the Owners' Property. 3. Maintenance and Repair. (a) (i) The Owners, at their sole cost and expense, shall be responsible for the routine maintenance of the Storm Sewer Line. (ii) The Owners, at their sole cost and expense, also shall be responsible for the Repair of the Storm Sewer Line regardless of the reason why the Storm Sewer Line must be Repaired. By accepting this responsibility,the Owners do not waive whatever recourse they may have to obtain redress from a third-party who may have caused the damage that requires the Storm Sewer Line to be Repaired; however, having recourse against a third party is not grounds for delaying the Repair. [4] Page 203 of 223 (c) If the Owners do not maintain the Storm Sewer Line or Repair the Storm Sewer Line when necessary after the Town gives them ten (10)business days' notice of the need to do so, the Town shall have the right, but not the obligation, to conduct the Repair. The Owners shall reimburse the Town for all of the "soft" and "hard" costs incurred to maintain or Repair the Storm Sewer Line, including the pro-rated portion of the salaries (including overtime) of Town employees who perform or supervise all or some of the work. If not paid, the Town shall have the right to add that cost to the Tax imposed by the Town on the Owners'Property. In addition,the Owners shall reimburse the Town for any costs the Town incurs in attempting to such "soft" and "hard" costs (e.g. reasonable attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Town shall have the right to add such collection costs to the Tax imposed by the Town on the Owners' Property. 4. "Run with the Land". This agreement shall run with the land and be binding upon and inure to the benefit of and be enforceable by the parties, their respective distributees, personal representatives, successors and assigns. 5. Delegation. The Town may delegate the rights granted to it in this agreement to any municipal authority or utility company. 6. Notices. (a) A notice which is required or may be given under this agreement shall be in writing and shall be deemed to have been made either (i) on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice) or to [5] Page 204 of 223 someone of suitable age and discretion at the address of that party (or a person who is entitled to a copy of the notice) or (ii) on the first business day after it is sent, if it is sent by a reputable overnight courier or (iii) on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice ("addressees") are: If to the Owners, to: Lucio Rainelli &Michelle Murphy Or RESIDENT 670 Forest Ave Larchmont, NY 10538 If to the Town: Town of Mamaroneck 740 West Boston Post Road. Mamaroneck, NY 10543 Att: Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. (b)The requirement to give ten (10) business days' notice contained in paragraph 3(c) and the requirement contained in paragraph 6 (a) that notice be in writing shall not apply if an emergency exists. In such a situation, the Town shall be required only to give or to attempt to give such notice to the Owners as it can (e.g. telephonic or electronic communication),based upon the exigencies then existing before conducting Repairs. 7. Additional Instruments. The parties shall execute and acknowledge before a notary public and deliver to each other any and all instruments which reasonably may be required to give full force [6] Page 205 of 223 and effect to this agreement or to record this agreement in the office of the County Clerk of the County of Westchester. 8. No Waiver of Rights. The failure of either party to insist upon the strict performance of,or to commence an action to enforce any provision of this agreement shall not be construed as a waiver of the right to do so should a breach of this agreement occur subsequently. 9. Gender. Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in either of the other two genders. 10. Severability. If any court determines that a portion of this agreement is invalid, illegal or unenforceable, the remaining provisions shall remain in effect. 11. Complete Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. All prior agreements between the parties regarding the subject matter contained herein—whether oral or written -are merged into this agreement and do not survive it as this agreement expresses their entire understanding on the subject matter contained herein. 12. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. 13. Captions. [7] Page 206 of 223 The headings preceding the paragraphs of this agreement are for reference purposes only and shall not be considered when interpreting the meaning of this agreement. Lucio Rainelli 141/147 Michelle Murphy Town of Mamaroneck By: Meredith S.Robson, Town Administrator State of New York County of Westchester MAY 0 9 2024 On the day of May in the year 2024, before me, the undersigned, personally appeared Lucio Rainelli, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he (she) (they) executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. / HARRY OTTO NOTARY PUBLIC,STATE OF NEW YORK Registration Number#010T6378080 Vota Public Qualified in Westchester County MAY 0 9 20a j Commission Expires 07/16/2026 State of New York County of Westchester MAY 0 9 2024 On the day of May in the year 2024, before me, the undersigned, personally appeared Michelle Murphy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the [8] Page 207 of 223 within instrument and acknowledged to me that he (she) (they) executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. HARRY 0TT0 NOTARY PUBLIC,STATE OF NEW YORK Registration Number#010T6378080 Qualified in Westchester County Commission Expires 07/16/2026 MAY 0 9 201gota Public State of New York County of Westchester On the day of in the year 2023, before me, the undersigned, personally appeared Meredith Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he (she) (they) executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public Schedule 'A' <METES & BOUNDS DESCRIPTION to be provided by Applicant's Engineer> [9] Page 208 of 223 41R Office of the Westchester County Clerk II III 01111111111111111111 II III HI II *641353287TPD0013* Supporting Document Cover Page Submitter information Name: Pro National Title Agency Phone: 516-677-9757 Address 1: 390 North Broadway Fax: 516-677-9792 Address 2: Suite 100 Email: Dan.McCormick@pntitle.com City/State/Zip Jericho NY 11753 Reference for Submitter: PNT41403W EASEMENT Parent Document Details Control Number: 641353285 Document Type: Easement(EAS) Package ID: 2024051400162001000 Supporting Document Information Supporting Document Type: TP-584 Page 209 of 223 TP-584 (9/19) Recording office time stamp 4YO1:WDepartment of Taxation and Finance fRK Combined Real Estate Transfer Tax Return, PREP Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP-584-1, Instructions for Form TP-584,before completing this form. Print or type. Schedule A — Information relating to conveyance Grantor/Transferor Name(if individual:last,first,middle initial)(❑x check if more than one grantor) Social security number(SSN) El Individual RAINELLI,LUCIO 594-70-3969 ❑Corporation Mailing address SSN Partnership 670 FOREST AVENUE 0 Estate/Trust City State ZIP code Ervin/over Identification Number(FAN) ❑Single member LLC LARCHMONT NY 10538 ❑Multi-member LLC Single member's name if grantor is a single member LLC(see instructions) Single member EIN or SSN ❑Other Grantee/Transferee Name(if individual:last,first,middle initial)(El check if more than one grantee) SSN ❑Individual TOWN OF MAMARONECK Pending/Not Applicable 0 Corporation Mailing address SSN Partnership 740 WEST BOSTON POST ROAD _ O Estate/Trust City State ZIP code E1N ❑Single member LLC MAMARONECK NY 10543 2 I:Multi-member LLC Single member's name if grantee is a single member LLC(see instructions) Single member EIN or SSN r0 0 Other co s; Location and description of property conveyed in 12 Tax map designation— SWIS code Street address City,town, or village County m Section,block&lot }six digits) (include dots and dashes) 1-11-19 553289 670 FOREST AVENUE MAMARONECK TOWN Westchester Type of property conveyed(check applicable box) 1 X One-to three-family house 6 ❑ Apartment building Date of conveyance Percentage of real property 2 : Residential cooperative 7 0 Office building 3 = R• esidential condominium I 5 1 9 I 2024 conveyed which is residential 8 ❑Four family dwelling month da real property. tee-% 4 7 Vacant land 9 ❑Other > Yea` (see instructions) 5 ❑ C• ommercial/Industrial Condition of conveyance(check all that apply) f.❑ Conveyance which consists of a I.❑Option assignment or surrender a. ❑ Conveyance of fee interest mere change of identity or form of ownership or organization(attach Form TP-584.1,Schedule F) m.❑ Leasehold assignment or surrender b. 0 Acquisition of a controlling interest(stale percentage acquired %) g.❑ Conveyance for which credit for tax n.❑ Leasehold grant previously paid will be claimed(attach Form TP-584.1,Schedule G) C. D Transfer of a controlling interest(state o.ID Conveyance of an easement percentage transferred %) h.❑ Conveyance of cooperative apartment(s) p.0 Conveyance for which exemption d, ❑Conveyance to cooperative housing i.Cl Syndication from transfer tax claimed(complete corporation Schedule B,Part 111) j.❑ Conveyance of air rights or q. 0 Conveyance of property partly within e. ❑ Conveyance pursuant to or in lieu of development rights and partly outside the state foreclosure or enforcement of security k.❑ Contract assignment r. ❑ Conveyance pursuant to divorce or separation interest(attach Form TP-584,f,Schedule E) S. ❑ Other(describe) For recording officer's use Amount received Date received Transaction number Schedule 13..Part I $ Schedule B.,Part II 5 Page 210 of 223 Page 2 of 4 TP-584(9/19) PREP Schedule E3 — Real estate transfer tax return (Tax Law, Article 31) Part I-Computation of tax due 1 Enter amount of consideration for the conveyance(if you are claiming a total exemption from tax,check the exemption claimed box,enter consideration and proceed to Part 111) 0 Exemption claimed 1. 0.00 2 Continuing lien deduction(see instructions if property is taken subject to mortgage or lien) 2. 0.00 3 Taxable consideration(subtract line 2 from line 1) 0.00 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3 0.00 5 Amount of credit claimed for tax previously paid(see instructions and attach Form TP-584.1,Schedule G) ma- 0.00 6 Total tax due'(subtract line 5 from tine 4) 6. 0.00 Part It-Computation of additional tax due on the conveyance of residential real property for$1 million or more 1 Enter amount of consideration for conveyance(from Part 1,fine 1) 2 Taxable consideration(multiply line 1 by the percentage of the premises which is residential real property,as shown in Schedule /... 3 Total additional transfer tax due"(multiply line 2 by 1%(01)) U Part Ill-Explanation of exemption claimed on Part 1,line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations,the United States of America,the state of New York, or any of their instrumentalities, agencies,or political subdivisions(or any public corporation,including a public corporation created pursuant to agreement or ❑ compact with another state or Canada) a b. Conveyance is to secure a debt or other obligation b ❑ c. Conveyance is without additional consideration to confirm,correct, modify,or supplement a prior conveyance c ❑ d. Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying realty as bona fide gifts d n CO e� ❑e. Conveyance is given in connection with a tax sale e f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1,Schedule F f ❑ g. Conveyance consists of deed of partition g h. Conveyance is given pursuant to the federal Bankruptcy Act h ❑ i. Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such property,or the granting of an option to purchase real property,without the use or occupancy of such property i 1. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-,two-,or three-family house,an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment 1 11 k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31,section 1401(e)(attach documents ❑ supporting such claim) k *The total tax(from Part 1, line 6 and Part iI, line 3 above)is due within 15 days from the date conveyance. Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York City, make check(s)payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s)made payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045,Albany NY 12205-5045. Page 211 of 223 Page 3 of 4 TP-584(9/19) PREP Schedule C — Credit Line Mortgage Certificate(Tax Law, Article 11) Complete the following only if the interest being transferred is a fee simple interest. I(we)certify that;(check the appropriate box) 1. 1 { The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage.However,an exemption from the tax is claimed for the following reason: ❑The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property(whether as a joint tenant, a tenant in common or otherwise)immediately before the transfer. ❑The transfer of real property is(A)to a person or persons related by blood,marriage or adoption to the original obligor or to one or more of the original obligors or(B)to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons(as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ❑The transfer of real property is a transfer to a trustee in bankruptcy,a receiver,assignee,or other officer of a court. ❑The maximum principal amount secured by the credit line mortgage is$3,000,000 or more, and the real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is$3,000,000 or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more information regarding these aggregation requirements. ee Other(attach detailed explanation). 02 Ma. ❑ The real property being transferred is presently subject to an outstanding credit line mortgage.However,no tax is due for the following reason: w�o El A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. lj A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in_.. (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is .. No exemption from tax is claimed and the tax of is being paid herewith.(Make check payable to county clerk where deed will be recorded or,if the recording is to take place in New York City,make check payable to the NYC Department of Finance.) Signature(both the grantor(s) and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B, and C,including any return, certification,schedule, or attachment,is to the best of his/her knowledge,true and complete, and authorize the person(s)submitting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance. � ucra ,a;tAt Grantor signature Title Grantee signature Titre LueIAA t�lr ►che le Grantor sig ture M Title oil i)(P' Grantee signature Title Reminder: Did you complete all of the required information in Schedules A, B, and C?Are you required to complete Schedule D?If you checked e,f, org in Schedule A, did you complete Form TP-584.1?Have you attached your check(s)made payable to the county clerk where recording will take place or, if the recording is in New York City,to the NYC Department of Finance? If no recording is required, send your check(s),made payable to the Department of Taxation and Finance, directly to the INS Tax Department, RETT Return Processing, PO Box 5045,Albany NY 12205-5045. Page 212 of 223 Page 4 of 4 TP-584(9/19) PREP Schedule lr-Certification of exemption from the payment of estimated personal income tax (Tax Law,Article 22, section 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. If the property is being conveyed by a referee pursuant to a foreclosure proceeding,proceed to Part It,and check the second box under Exemptions for nonresident transferor(s)/seller(s)and sign at bottom. Part I-New York State residents If you are a New York State resident transferor(s)/seller(s)listed in Schedule A of Form TP-5f14(or an attachment to Form TP-584),you must sign the certification below.If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State,each resident transferor/seller must sign in the space provided. If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferors)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a)upon the sale or transfer of this real property or cooperative unit. Signature I Print full name Luein Rainelli Date J)i I 21 Signature I Print full name Date Michelle Murphy /1`t/d0.avk Signature J Print full name Date Signature 1 Print full name Date Note:A resident of New York State may still be required to pay estimated tax under Tax Law, section 6115(c),but not as a condition of recording a deed. ID coo Part II-Nonresidents of New York State C4 Mif you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584(or an attachment to Form TP-584) - but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law,section 663(c), ID check the box of the appropriate exemption below.If any one of the exemptions below applies to the transferor(s)/seller(s),that transferor(s)/seller(s)is not required to pay estimated personal income tax to New York State under Tax Law,section 663. Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided.If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form 1T-2663,Nonresident Real Properly Estimated Income Tax Payment Form,or Form IT 2664,Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information,see Payment of estimated personal income tax, on page 1 of Form TP-584-1. Exemption for nonresident transferors)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)(grantor)of this real property or cooperative unit was a nonresident of New York State,but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: I I The real property or cooperative unit being sold or transferred qualities in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code, section 121)from to (see instructions). Date D81e ❑The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. I-The transferor or transferee is an agency or authority of the United States of America,an agency or authority of the state of New York,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date s� Signature Print lull name Date Signature Print full name Date Signature Print full name ff Date Page 213 of 223 TP584 Addendum (Parent Document Control Number 641353285) Additional Parties Party Last Name First Name,MI SSNIEIN Address Grantor MURPHY MICHELLE 090-78-2912 570 FOREST AVENUE,LARCHMONT,NY 10538 Page 214 of 223 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Local Law Regarding Overnight Parking Date: June 5, 2024 The Traffic Committee previously discussed a request to allow for overnight parking on Edgewater Place and Parkland Avenue. Currently, parking is prohibited from 3:00 a.m. to 6:00 a.m. Should the Board wish to move forward on this action, a public hearing must be set for the attached local law. The Traffic Committee recommended the action requested. Action Requested: Resolved that the Town Board does hereby set the date for a Public Hearing for "Overnight Parking on Parkland Avenue and Edgewater Place" Law for June 26,2024. Attachment/s: 2024-05-31-mx-TB-tr LL 2024-5-31-Parkland and Edgewater PLE Parking Page 215 of 223 o `' o Town of Mamaroneck _ n County of Westchester ''FOUNDDE�D 1661 • 740 West Boston Post Road,Mamaroneck,NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownofM.amaroneckNY.org ATTORNEY-CLIENT CONFIDENTIAL COMMUNICATION OR INTER-AGENCY COMMUNICATION MEMORANDUM To: Members of the Town Board ccs: Meredith S. Robson, Town Administrator Allison May, Town Clerk From: William Maker, Jr. - Town Attorney Subject: Local law regarding overnight parking on Parkland and Edgewater Date: May 31, 2024 The Police Department is recommending overnight parking on the above referenced streets. Attached is a proposed local law that, if enacted, will put the recommendation into effect. If the law is satisfactory, the Town Board may decide to set a public hearing to consider whether this law should be adopted. Page 216 of 223 Local Law No. -2024 This local law shall be known as the "Overnight Parking on Parkland Avenue and Edgewater Place" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The purpose of this law is to adopt the police department's recommendation that overnight parking be allowed on Parkland Avenue and Edgewater Place. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-21 of the Code of the Town of Mamaroneck hereby is amended by adding the following to the table within that section in its proper alphabetical position: §219-21.Parking allowed from 3:00 a.m.to 6:00 a.m. A motor vehicle may be parked between the hours of 3:00 a.m. and 6:00 a.m. on the following public highways or on parts of public highways described below,except on those sections of those public highways where parking is prohibited at all times: Name of Public Highway Direction of Travel Location Parkland Avenue North West side, except where parking is prohibited at all times Edgewater Place South West side, except where parking is prohibited at all times Section 3-Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surfaces of the streets identified in section 2 of this Local Law indicating where and when parking is prohibited or limited by this law. Section 4-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. Page 217 of 223 Section 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May 31,2024 2 Page 218 of 223 Police Department Recommendation § 219-21 Parking allowed from 3:00 a.m. to 6:00 a.m. A motor vehicle may be parked between the hours of 3:00 a.m. and 6:00 a.m. on the following public highways or on parts of public highways described below, except on those sections of those public highways where parking is prohibited at all times: Add the following streets: Name of Public Direction of Highway Travel Location Parkland Avenue North West side, except where parking is prohibited at all times Edgewater Place South West side, except where parking is prohibited at all times os. I 2417 Boston Post Rif 135 n 7 J J 233 r3cs?on Post,Ro' 9 LacusiTer i-5-'3u i- 5-5-158 `Pariianl A:(: l i r C1 4') L J 7 47 Mamaroneck Towr Note: 3a-6a parking is already permitted on the south side of Locust Terrace (TC 219-21) Page 219 of 223 0 ul 0 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Standard Work Day and Reporting Resolution for Elected and Appointed Officials Date: July 5, 2023 Attached is a standard work day and reporting resolution for elected and appointed officials. Action Requested: Resolved that the Town of Mamaroneck / 30054-010 hereby established the following standard work days for these titles and will report the officials to the New York State and Local Retirement based on their record of activities. Page 220 of 223 u_r "v 1; n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: June 5, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Standard Work Day and Reporting Resolution for Elected and Appointed Officials General: This is standard NYSLRS reporting for elected officials. If approved, the resolution is posted and then presented to NYS 30 days thereafter. Attachment/s: 6-5-2024 Standard Work Day and Reporting Resolution Page 221 of 223 111q§11I$qN$$$111111111$111111111110111111111II _ G i \ & w \ \ ❑ ❑ ❑ ❑ ❑ ❑ _ CO c 'U r . 7 0 & - e N %.0 4 N @ \ o CD N = N a f en VO @ \ 2 ) \ 3 / \ 0 # J 2 D 5 \ Q \ k \ ❑ ❑ ❑ ❑ ❑ ❑ ° \ C O co 3 Om Oa t 7 C . co2 . \ a k @ C� 2f § _ } > - ƒ V \ ) 5 ) [ _ - ° Q / � « _ = C� \ W f i ) c & - E f \ CO } k k 2 / UJ ` ] � \ _ CO \ a > @ ; o c } U)& ® # > \ § E = ok co f \ ) § 2 = ® \ -Co' � k $ \ \ � f 2 6 k C o \ § 0 ® / / $ \ ) k - § \ \ -a 2 CD R _ \ y = > q \'y c W \ ® \ § \ E _a f_ § \ a) 0 ® ° > \ -o >, q Ct 7 \ q G / U \ f ) 2 2 CO . 2 \ 5 - U) ® _ & ° } § \ . 0 § o f Ct ° ® ) ® I— \/ ) R :\ \ — # % L \ E / / \ / CO , E 0 = m G t = / } ) = M �� C \ > \o CO .\ / E / - \ �C 4- � 8 \ - \ a \_ ° � £� « � _ C « = j \ ] § $ 3 7 E / 3 _ » Eo @ � $ ] ` co \ ` \ C « k ° E _ \ o >- { 8 \ / = b E a, k ° _ $ / _ @ - \ # f CD I k ; 2 a 2 ® / 5 _ (0 0 o « / 0 - 2 = \ k \ ° 0 a 0 § \ / § \ k \ 3 \ of f • 6 / & _ E \ = o { \ / " k \ ƒ k ) d ƒ \ I co \ F } �� / z ) S ° \ m / o \ / E. 2 m S 2 * 2 2 e / \ \ to / _ \ �� 0 ƒ 2 . k A > E \ / / w E I-- o ]_ . f .„ 2 \ z \ £ LU i / - ° \ z Page 2 of 2 Instructions for completing the Standard Work Day and Reporting Resolution A B C D E F G H I J Name Social NYSLRS ID Title Current Standard Record of Not Pay Tier 1 Security Term Begin Work Day Activities Submitted Frequency Number & End Date Result Elected Officials John 0000 R11111111 Highway 1/1/2018- 8.00 32.79 Weekly Smith Superintendent 12/31/2019 Michell 1111 R11111111 Town Justice 1/1/2018- 6.25 X Bi-Weekly X eJones 12/31/2018 Appointed Officials Joseph 2222 R22222222 Planning Board 1/1/2018- 7.00 17.54 Monthly Grey Member 12/31/2018 A. Name: The official's complete first and last name must be included for identification purposes. B. Social Security Number: The last four digits of the official's Social Security Number must be included for identification purposes. For security purposes,the last four digits of the Social Security Number can be omitted from the publicly posted version. C. NYSLRS ID: The official's NYSLRS ID must be included for identification purposes. For security purposes, the NYSLRS ID can be omitted from the publicly posted version. D. Title:All paid elected and appointed officials (who are active members of the Retirement System)and are not paid hourly and do not participate in a employer's time keeping system that consists of a daily record of actual time worked and time charged to accruals must be listed. For the purpose of the regulation, an "appointed official" is someone who is appointed by an elected official, an appointed official or governing board. They hold an office in an organization or government and participate in the exercise of authority.This also includes appointees of elected and appointed officials such as deputies,assistants or confidential secretaries. E. Current Term Begin & End Dates: All officials listed on the Resolution must have a specified Term End date. Leaving this column blank or listing `Tenure/At Pleasure' is not acceptable. If the official does not have a designated term, the current term for the official who appointed them to the position should be used. If they are appointed by the governing board, the chairman of the board's term should be used. F. Standard Work Day: The minimum number of hours that can be established for a standard work day (SWD) is six, while the maximum is eight. A SWD is the denominator to be used for the days worked calculation; it is not necessarily always the number of hours a person works. For example, if a board member only attends one three-hour boarding meeting per month, you must still establish a SWD between six and eight hours as the denominator for their record of activities(ROA)calculation. G. Record of Activities Result*:This column must be left blank if an official does not submit their required sample three-month ROA. To determine the average number of days worked per month, you must divide the total number of hours documented on the three- month ROA by three months to get a one-month average number of hours worked. Then, the one-month average number of hours worked must be divided by the SWD to get the average number of days worked per month. H. Not Submitted: This column must be checked if an official has not submitted the required sample three-month ROA within the 150 day requirement, regardless of whether they are being reported by another employer for the same period. If the Retirement System receives such a Resolution, it will contact the official to notify them of the consequences of not submitted the ROA. I. Pay Frequency: This column should be filled in with one of the following options:Annually, Bimonthly, Biweekly, Monthly, Quarterly, Semi-annually or Weekly. J. Tier 1: If the official is a Tier 1 member,this box should be checked. Tier 1 members are not required to keep a ROA. Once passed, the Resolution must be posted on your public website for a minimum of 30 days or if a website isn't available to the public, on the official sign-board or at the main entrance to the clerk's office. A certified copy of the Resolution and Affidavit of Posting must be filed with the Office of State Comptroller within 45 days of the adoption. The Resolution and Affidavit can be submitted via the Submit Resolution for Official link in Retirement Online. *To determine the number of days worked to include on the monthly report for the various payroll frequencies, please refer to the Calculating Days Worked instructions available in the`Reporting Elected &Appointed Officials'section of our website: Page 223 Of 223 http://www.osc.state.ny.us/retire/employers/elected appointed officials/index.php g