HomeMy WebLinkAbout2005_03_02 Town Board Minutes
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON MARCH 2, 2005 AT 8:15
PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON POST
ROAD, MAMARONECK, NEW YORK
PRESENT:
Supervisor Valerie M. O'Keeffe
Councilwoman Phyllis Wittner
Councilman Ernest C. Odierna
Councilwoman Nancy Seligson
ALSO PRESENT:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
WORK SESSION
The Town Board convened at 5:15 PM into a Work Session at the Town Center in Conference
Room A.
Appointments – Boards and Commissions
The Board discussed various board appointments
Illegal Sewer Connections
The Board discussed the proposed Illegal Sewer Connection Law which was prepared by the
Town Attorney. The spoke on who would be allowed to certify the connections when fixed and
whether there is any certain way of knowing it has been corrected. The Administrator
explained the plumber would submit a plan that shows what is being changed.
Notification Law
Mr. Maker explained the notification law goes into effect on April 1and we have to now
talk about the form of the notices and signs. It was requested that the law be put up on
the website and that a public hearing be scheduled.
Amend Waterfront Revitalization Law
Councilwoman Wittner explained the need for an Coastal Assessment Form (CAF). Mr. Maker
said if this deals with a direct action which is only done by a municipality or quasi –
government entity it is different from an Environmental Assessment Form. This needs to be
clarified.
Grant Program – Drug Free Community Program
The Supervisor said she explained a communication from Senator Charles Schumer regarding
the availability of grants for funding under the Drug-Free Communities Support Program. After
discussion it was decided to give it to Mark Levy and the DARE Officer, Thomas Houlihan.
Recreation Fees
There was no paperwork on this; therefore, there was no discussion
March 2, 2005
Review of SEQR Findings – Forest City Daly
The Board discussed what should be included in the Findings.
RECONVENE REGULAR MEETING
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O’Keeffe at
8:25 PM. She then pointed out the location of exits.
AFFAIRS OF THE TOWN
Out of Order
3. Resolution - Closing of 2004 Financial Statements
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby authorize the
Town Comptroller to make all necessary journal entries and
fund transfers in order to close the financial records and
prepare financial statements for 2004 fiscal year.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
4. Resolution - Community Development Block Grant Program
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following
resolution was adopted:
WHEREAS, the Community Development Block Grant (CDBG)
program was enacted and signed into law by President
Gerald Ford as the centerpiece of the Housing and
Community Development Act of 1974; and
WHEREAS, the CDBG program has as its primary objective
“the development of viable urban communities, by providing
decent housing and a suitable living environment and
expanding economic opportunities, principally for persons of
low and moderate income;” and
WHEREAS, the CDBG program has considerable flexibility to
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March 2, 2005
allow communities to carry out activities that are tailored to
their unique affordable housing and neighborhood
revitalization needs; and
WHEREAS, throughout its 30-year history, the CDBG program
has been a partnership among the federal, state and local
governments, business, and the nonprofit sector which carry
out activities that improve the lives and neighborhoods of low
and moderate income families; and
WHEREAS, according to the Department of Housing and
Urban Development (HUD), in FY 2004 CDBG provided funds
for thousands of activities, assisting over 23 million persons
and households through such activities as expanding
homeownership activities, eliminating slums and blighting
influences, improving infrastructure such as roads, water and
sewer systems, libraries, community centers, adult day care
and after school care for children, homeless housing
facilities, employment training, transportation services, crime
awareness, and business and job creation; and
WHEREAS, the Town of Mamaroneck has used CDBG funds
in the amount of $500,000 in project funding over the last
seven years; and
WHEREAS, the President’s FY 2006 budget proposes to
completely eliminate the CDBG program; and
WHEREAS, should such a proposal be enacted, it would have
a devastating effect on the Town of Mamaroneck’s CDBG
program; and
NOW THEREFORE, BE IT
RESOLVED, that the Town of Mamaroneck hereby calls on
the Congress to preserve the Community Development Block
Grant (CDBG) Program within the Department of Housing and
Urban Development and provide a FY 2006 funding of at least
$4.7 billion overall, with no less than $4.35 billion in formula
funding.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
5. Resolution - Empire State Games
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following
resolution was adopted:
WHEREAS, Westchester County has recently submitted an
application to host the Empire State Games in 2007; and
WHEREAS, The Empire State Games is the largest
competition of its kind in the United States, a multi-sport
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March 2, 2005
event for amateur athletes patterned after the Olympic
Games; and
WHEREAS, The Empire State Games in Westchester are
expected to attract 6,000 athletes, their families, friends and
coaches to the County, boosting the economy for local
restaurants, hotels, retail stores and entertainment and
recreational venues; and
WHEREAS, Westchester’s many student athletes and
excellent athletic programs stand to benefit if Westchester
hosts the Empire State Games in 2007; and
WHEREAS, Hosting the Empire State Games is a great
opportunity for the County to publicize its cultural,
recreational and historical attractions to the entire State of
New York; and
WHEREAS, Westchester County has never been given the
opportunity to host the Empire State Games before; and
WHEREAS, Every Westchester municipality stands to
benefit from Westchester County hosting the Empire State
Games in 2007,
NOW THEREFORE, BE IT
RESOLVED, that the Town of Mamaroneck supports
Westchester County’s application to host the Empire State
Games in 2007 and will encourage our residents to also
support the application; and
BE IT FURTHER
RESOLVED, that the Town of Mamaroneck urges Governor
George Pataki to select Westchester County as the host of
the 2007 Empire State Games; and
BE IT FURTHER
RESOLVED, that a copy of this resolution be transmitted to
Governor George Pataki, New York State Office of Parks,
Recreation and Historic Preservation Commissioner
Bernadette Castro and Westchester County Executive
Andrew J. Spano.
The above resolution was put to a vote:
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
6. Authorization - Easement Agreement — Westchester Joint Water Works
The Town Attorney explained the agreement is between Melron Amusement and Westchester
Joint Waterworks for Duane Reade and Webster Bank for access to the water main. When
granted an easement like this the municipality is also named as a grantee in the agreement,
therefore the Town must authorize the execution of the agreement.
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March 2, 2005
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does authorize the
Easement Agreement; and
BE IT FURTHER,
RESOLVED, that the Town Administrator is authorized to
execute said Easement Agreement on behalf of the Town.
7. Salary Authorization - Highway Department
Recreation Department
Highway Department
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does appoint Frank
Caporale as Assistant Auto Mechanic in the Highway
Department effective March 3, 2005 at an annual salary of
$46,000.
Recreation
RESOLVED, that as provided for in the 2005 Town
Budget the Town Board does hereby authorize the
payment of salary to the following:
Jamie Valentinetti, Hommocks Pool, Lifeguard at $7.75/hr, effective 2/25/05
Jennifer Heinbockel, Hommocks Pool, Lifeguard at $8.25/hr, effective 2/25/05
Meredith Naughton, Hommocks Pool, Lifeguard at $7.25/hr, effective 2/25/05
Lindsay Lynch, Hommocks Pool, Lifeguard at $7.50/hr, retroactive to 2/19/05
Kristy Pierson, Hommocks Pool, Alt. Lifeguard at $7.50/hr, effective 2/25/05
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
ADDED ITEM
8. Notification Law Amendment – Set Public Hearing
RESOLVED, that the Town Board does hereby set the date for
public hearing on the amendment to the Notification Law for
March 16, 2005; and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to
publish the notice of said hearing in a newspaper appointed
as an official newspaper, and that said notice be posted on
the official Town Clerk’s Bulletin Board.
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March 2, 2005
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O’Keeffe - Aye
The Board then reverted to the beginning of the agenda.
1. Adoption of SEQR Findings Statement— Forest City Daly Development
Harlan Sexton of Buckhurst, Fish, Jacquemart explained this application for mixed use
development by Forest City Daly began three years ago with a public scoping session under
SEQR guidelines. There were public hearings held and work sessions then a Draft
Environmental Impact Statement was submitted by the applicant which required additional
information. They resubmitted a second DEIS. With the original application for186 market
rate apartments, certain zoning amendments were needed and a public hearing was held over
two days where oral and written comments were heard. Those concerns were addressed in the
Final Environmental Impact Statement which was rejected. The applicants resubmitted it
reducing the number of units to 162 and with no rezoning necessary. They committed decking
the Town’s parking lot (parking lot no. 3) and adding work force housing. The comments of the
Mayor of the Village of Larchmont were addressed. The Findings statement written by the
Town Board includes Town Board changes which represent a further reduction to 159 units
with a minimum of 9 workforce housing units, the construction of the parking deck, and a
request to have a traffic light installed.
Supervisor O’Keeffe said the Town Board has been working on this with Harlan for over two
years. We have been diligent in our study and we are sorry Judy Myers will not be part of the
findings as she was elected as County Legislator. This now reflects what it should be for our
community, it especially addresses a bad parking situation - a parking should help the
apartment dwellers. We were also interested in the workforce housing for people who work for
the Town and Schools.
Councilwoman Seligson said this process can be difficult and controversial. We listened to
lots of people, it was hard.
Councilwoman Wittner agreed and thinks it was a job well done.
Councilman Odierna said communication from the public was encouraged throughout the
process. The applicants, Forest City Daly answered everything, they were responsive and
knowledgeable and know what they are doing.
Mr. Maker outlined what will happen now, which includes a petition for a zoning change, then
referral to the Planning Board, and get input from the Coastal Zone Management Commission
and various other review.
Joel Sachs, attorney representing Forest City Daly, thanked the Board members then said he
would be submitting the amendment to zoning at the March 16, 2005 meeting.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby approve the
Findings Statement for the Forest City Daly Mixed Use
Development. (at end of minutes)
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
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March 2, 2005
OUT OF ORDER
2. Appointments — Boards and Commissions
Beautification Committee
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was
RESOLVED, that Patricia A. O’Donnell is hereby appointed as
member C of the Beautification Committee, said term expiring
December 31, 2007; and
BE IT FURTHER
RESOLVED, that Peggy Perrin be hereby appointed as
Member D of the Beautification Committee, said term expiring
December 31, 2007; and
BE IT FURTHER
RESOLVED, that Patricia A. O’Donnell is hereby appointed
Chair of the Beautification Committee for a term expiring
December 31, 2005.
Board of Appeals
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was
RESOLVED, Arthur Wexler is reappointed to the position of
Member C of the Board of Appeals, said term expiring December
31, 2009; and
BE IT FURTHER
RESOLVED, Thomas Gunther is hereby reappointed as Chair of
the Board of Appeals for a term expiring December 31, 2005.
Board of Architectural Review
on motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED,Edward Jacobson is appointed as Chair of the
Board of Architectural Review for a term expiring December
31, 2005.
Board of Ethics
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, Anna Reisman is hereby reappointed to the
position of Member C of the Board of Ethics, said term expiring
December 31, 2007; and
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March 2, 2005
BE IT FURTHER
RESOLVED, Martin Ronan hereby reappointed to the position of
Member D of the Board of Ethics, said term expiring December
31, 2007; and
BE IT FURTHER
RESOLVED, Martin Ronan be reappointed to the position of
Chair of the Board of Ethics, said term expiring December 31,
2007.
Historic Records Committee
RESOLVED, Beatrice Dinger is hereby reappointed as Member B
of the Historic Records Committee, said term expiring December
31, 2007.
Planning Board
On motion of Councilwoman Seligson, seconded by Councilman Odierna, it was
RESOLVED, C. Alan Mason is hereby reappointed as Member D
of the Planning board, said term expiring December 31, 2011;
and
BE IT FURTHER
RESOLVED, Edmund R. Papazian is hereby reappointed as
Member E of the Planning board, said term expiring December
31, 2011; and
BE IT FURTHER
RESOLVED, Marilyn Reader is hereby reappointed as Member F
of the Planning Board, said term expiring December 31, 2011;
and
BE IT FURTHER
RESOLVED, that Marilyn Reader shall serve as Chair of the
Planning Board, said term expiring December 31, 2005.
Recreation Commission
On motion of Councilman Odierna, seconded by Supervisor O’Keeffe, it was
RESOLVED, Willam Paonessa is hereby reappointed to the
position of Member D of the Recreation Commission, said term
expiring December 31, 2011.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Wittner - Nay
O’Keeffe - Aye
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March 2, 2005
Councilwoman Wittner said the reason she voted against this was she did not
believe elected officials should serve on municipal boards and commissions.
On motion of Councilman Odierna, seconded by Supervisor O’Keeffe, it was
RESOLVED, Rita Plansky is hereby reappointed to the
position of Member F of the Recreation Commission, said
term expiring December 31, 2011.
Traffic Committee
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, David Lobl be reappointed to the position of
Member C of the Traffic Committee, said term expiring
December 31, 2007; and
BE IT FURTHER
RESOLVED, David Lobl be reappointed to the position of Chair
of the Traffic Committee for a term expiring December 31, 2005.
Housing Authority
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, Richard Cherry is reappointed to the position of
Member B of the Housing Authority, said term expiring
December 31, 2009.
The above resolutions were put to a roll call vote:
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
APPROVAL OF MINUTES - Resubmission — December 16, 2004
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby approve the
Board minutes from the meeting of December 16, 2005 as
amended.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
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March 2, 2005
ORAL COMMUNICATIONS
Michael Salz, 17 Bonnie Way, said he was concerned about drainage and flooding on a
neighboring property which is now backing up onto his backyard. The Dam release at the
Larchmont Reservoir on September 9caused our yards to turn into a marsh. The Town did not
approach the neighborhood or even let us know it was happening.
Mr. Altieri said the forecast was for one to three inches of rain so we were steadily releasing
the valve, then there was more than five inches which fell – overwhelming the system.
There was then a discussion on drainage, flooding, the reservoir and the Yamuguchi property.
Irving Scharf spoke about the closing of United Hospital and reading about how the County is
using sales tax money to subsidize the county hospital, why can’t they use that money for
United.
Councilwoman Wittner said the difference is Westchester County Medical Center is a public
hospital and United Hospital is private.
REPORTS OF THE COUNCIL
Councilwoman Wittner said there will be a public meeting on the State Budget here at the town
hosted by Assemblyman George Latimer beginning at 4:00 PM,
Supervisor O’Keeffe reported the Verizon Boxes have now been all fixed and they now wish to
talk to the Town regarding the franchise agreement. She thanked the Highway Department for
doing a good job with the snow.
TOWN CLERK REPORTS
The Town Clerk read the following communication into the record:
Dear Pat,
I hereby resign from the position of Town Councilwoman on the Town Board of the
Town of Mamaroneck, effective tomorrow, Tuesday, March 1, 2005 at 5:00 PM.
Thank you very much.
Sincerely,
Judith A. Myers
ADJOURNMENT — In Memory of Joan Whiting Brush
The Supervisor said Mrs. Brush was married to Ben Brush a former Town Board member, she
was a member of the Soundettes, and an involved community member. She said also former
School District Clerk, Mary LoGuidice also passed away, she will be sorely missed. She sent
her best wishes to Judy Myers.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the meeting
was unanimously adjourned at 10:10 PM.
Respectfully submitted,
_________________________________________
Patricia A. DiCioccio, Town Clerk
F:\\Documents\\Minutes\\2005minf\\03-02-05x.Doc
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{ Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
TOWN BOARD
TOWN OF MAMARONECK,NEW YORK
March 2,2005
WHEREAS,the Town Board of the Town of Mamaroneck received an application from Forest City Daly("the
applicant")to develop a 186-unit rental apartment building in a B-MUB zoned area with frontage on Madison
Avenue,Byron Place,and Maxwell Avenue,which will include parking and a commercial component,and
WHEREAS,the Town Board received a zoning petition from the applicant to amend the B-MUB zoning text and
map in support of the development application,and
WHEREAS,the Town Board declared itself to be the Lead Agency for purposes of the State Environmental
Quality Review Act("SEQRA"),a draft Environmental Impact Statement was received, reviewed,and a public
hearing was held on the Draft EIS on January 20 and February 12,2004,and a preliminary Final EIS was
submitted to the Town Board,which was reviewed and revised by the applicant, and accepted by the Town
Board,and
WHEREAS,the Town Board has considered all the material set forth in the Final EIS which presented a reduced
number of dwelling units,to 162 units from 186 units,and which the applicant termed the Preferred Alternative
Plan;and
WHEREAS,the Town Board has considered the 162-unit Preferred Alternative Plan and finds that the proposed
apartment count should be reduced further to no more than 159 apartments,in order to provide 1)an improved
proportion of workforce units(a minimum of nine),and 2)an improved ratio of parking spaces to rental units, and
WHEREAS,the Town Board has determined that the Applicant shall be responsible for the installation of a traffic
signal at the intersection of the 1-95 ramps and Madison Avenue,should one be warranted and subject to the
NYS Thruway Authority,and
WHEREAS,the Town Board has determined that the amendments presented in the zoning petition are warranted
because of the public benefits that will be created,these being 1)the creation of in-perpetuity workforce
apartments,2)the proposed development includes a commitment by the Applicant to fund a municipal parking
deck that will correct a long-standing parking shortage in the Washington Square area,and 3)the general
physical and visual upgrading of the area.
NOW,THkREFORE,BE IT RESOLVED,that the Town Board,in its capacity as Lead Agency,makes the
following Findings pursuant to 6 NYCRR 617.11(d):
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y
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
1.0 INTRODUCTION
1.1 SEQR History
This document is a Findings Statement prepared pursuant to Article 8(State Environmental Quality Review)of
the New York State Environmental Conservation Law and 6 NYCRR Part 617 for the proposed Forest City Daly
Mixed-Use Development project in Mamaroneck,New York.
This Findings Statement attests that the Town of Mamaroneck Town Board,acting as Lead Agency for the
environmental review of this action,has complied with the applicable procedural requirements of Part 617,
including but not limited to the following:
• Circulation of Notice of Intent to be Lead Agency on March 8, 2002;
• Designation of Lead Agency and Issuance of Positive Declaration with direction to Applicant to
prepare a Draft Environmental Impact Statement(DEIS)on April 17,2002;
• Circulation of draft DEIS Scope to Involved and Interested Agencies and scheduling a Scoping
Session for June 3,2002,on May 1,2002;
• Publication of the Notice of Positive Declaration and Scoping Session in the Environmental Notice
!bulletin on May 15,2002;
• Holding of a public Scoping Session for the DEIS on June 3,2002;
• Adoption of a final DEIS Scope on June 20,2002;
• Circulation of the adopted DEIS Scope to Involved and Interested Agencies on June 21,2002;
• Preparation of a DEIS by the Applicant;
• Review of drafts and revisions of the proposed DEIS with respect to completeness;
• Acceptance of the DEIS on November 19,2003;
• Scheduling a DEIS Public Hearing for January 20,2004 and distribution of the accepted DEISs to
Involved and Interested Agencies on December 3,2003;
• Publication of the Notice of Completion of DEIS and Public Hearing in the Environmental Notice
Bulletin on December 17,2003;
• Holding of a Public Hearing on the DEIS on January 20 and February 12,2004,and the
establishment of a written comment period on the DEIS ending on February 25,2004;
• Preparation of a Final Environmental Impact Statement(FEIS)by the Applicant;
• Review of drafts and revisions of the proposed FEIS with respect to completeness;
• Acceptance of the FEIS on January 5,2005,and subsequent filing and distribution of the FEIS to
Involved and Interested Agencies;
• Publication of the Notice of Completion of FEIS in the Environmental Notice Bulletin on January 26,
2005;
• Preparation and adoption of this Findings Statement.
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
1.2 Site Description
The 2.18-acre project site("Site") is located along the south side of Madison Avenue between Maxwell Avenue
and Byron Place in the Town of Mamaroneck. The Site currently contains a variety of existing uses on separate
parcels,including a small shopping center,a restaurant,a warehouse and tree service facility,three single-family
residences,and surface parking areas. The project sponsor, Forest City Daly Mamaroneck,LLC owns the three
residential lots,is the tenant holding long-term ground leases on the parcels occupied by the restaurant and
shopping center,and is the contract vendee for the warehouseltree service property.These parcels are all
currently zoned B-MUB(Business-Mixed Use Business).
The Site is bordered by office, retail and multi-family residential buildings to the north;1-95 to the east;the Town
of Mamaroneck Department of Public Works yard and the Village of Larchmont water tanks/booster pumping
station to the south;and the entry/exit ramp to the New York State Thruway(1-95)at Interchange 17 to the west.
The Metro-North tracks are situated along the eastern side of 1-95. The Metro-North Larchmont train station is
located approximately 0.25 miles north of the Site,while the Village of Larchmont commercial district is located
along the east side of 1-95 along Palmer Avenue and surrounding streets. The Site is currently served by the
Westchester Joint Water Works water supply system,the Town of Mamaroneck and the Westchester County
sanitary sewer systems,by Consolidated Edison electric and natural gas systems,and by Verizon telephone
systems.
1.3 Project History
Planning History.The Town of Mamaroneck("Town") has undertaken various planning studies that have
addressed the project area.These are:
• Master Plan Update Phase I (Shuster Associates—September 1986)
• Myrtle Boulevard Area Study(Ferrandino&Associates—April 1999)
• Washington Square Development and Parking Study(Buckhurst Fish&Jacquemart, Inc., October
2000)
• Washington Square Parking Task Force Study(April 15,2002).
The 2000 Buckhurst Fish&Jacquemart Study noted the Master Plan Update's discussion of the project area as
an underutilized block that is suitable for high density residential,office or commercial use or a combination of
such uses. In addition,the Master Plan Update recognized the access and visibility attributes of the project area.
Existing Zoning.The Business-Mixed-Use Business("B-MUB")District was created under Local Law No.2-
1990,which was adopted by the Town Board "pursuant to the Master Plan Update commissioned by the Town of
Mamaroneck in order to implement the zoning changes recommended by the Master Plan Update for the
purposes of revising uses and districts within the Town of Mamaroneck in order to more fully protect the orderly
development of the Town." It is currently mapped only in this one area of the Town,which is bounded by
Madison Avenue,Byron Place,the Town Department of Public Works yard,and Maxwell Avenue. The 2.18-acre
Site assembled by the Applicant constitutes approximately 81%of the land within the B-MUB District.
Site Zoning and Parcels.The Applicant held a series of pre-submission meetings with Town staff,the Town
Board and interested community members during 2001 and early 2002 to describe its concepts for the Site.
Based on input received at those meetings,the Applicant formalized its plans and submitted a zoning petition to
the Town of Mamaroneck Town Board in March 2002 seeking text revisions to the zoning ordinance and a zoning
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
map change to allow for development of a comprehensively planned project within the B-MUB district. In addition
to the Site described above,the March 2002 plan incorporated three additional adjacent parcels:
• a T-shaped parking lot(.29 acres)utilized by tenants of the 200 Myrtle Boulevard("Clocktower")office
building,
• a portion of Byron Place(0.34 acres),and
• a small Town-owned lot(Lot 300.2 @ 0.13 acres)across Byron Place.
These parcels together would have created a site area of 2.94 acres. The Applicant proposed to purchase the
latter two parcels from the Town and have their zoning changed from"B"(Business)to B-MUB. The 0.29 acre
parcel is already zoned B-MUB.
The Applicants proposal was further described in the DEIS,which was accepted by the Town Board,acting as
Lead Agency for the environmental review, in November 2003. The Applicant also amended its zoning petition at
that time with additional text revisions.
The DEIS Plan.The plan analyzed in the DEIS comprised the construction of a 186-unit rental apartment building
adjacent to the existing retail center,which would remain and receive façade improvements to match the new
building. The proposed seven-story building was to have 6 floors of one and two-bedroom apartments above a
ground-floor lobby and parking level,with two additional parking levels below grade. The residential units were to
include eight workforce units. A total of 392 parking spaces were to be provided within the project,with 267
allocated to apartment residents,68 for on-site retail uses, and 57 for office employees of the Clocktower
building. Thirty of the office parking spaces were to be available for evening and weekend use by the project
residents.
The DEIS also included discussions of potential impacts associated with the DEIS Plan related to land use and
zoning,natural resources,air quality and noise,traffic and transportation,utilities,cultural and aesthetic
resources,socioeconomics,and community services,as well as measures the Applicant proposed to minimize or
avoid such impacts. Further,the DEIS considered alternative proposals for the site,including developments
conforming to existing zoning,alternative zoning changes,and project modifications related to different numbers
and types of residential units as well as building design.
Comments made during the DEIS public hearings and in correspondence received by the Lead Agency related to
issues such as existing traffic and parking conditions in the surrounding area;the number of proposed apartments
and related impacts,including the number of parking spaces to serve those apartments;the parking spaces
allotted to the Clocktower building and the proposed sharing of those spaces by project residents during non-
office hours;the extent of rock removal proposed near the adjacent Larchmont water tanks;and potential impacts
from the proposed development on area storm water systems,schools and availability of workforce housing.
Changes to the DEIS Plan.In response to the DEIS comments and following subsequent discussions with the
Lead Agency,its consultants and other parties,the Applicant proposed to modify its mixed-use development
proposal. The modifications included reducing the size of the project site to 2.18 acres by eliminating the T-
shaped parking lot parcel and the Town-owned land(Byron Place and Lot 300.2), reducing the amount of rock
removal near the south boundary of the site,reducing the size of the building and the number of residential
apartments,and increasing the ratio of parking spaces to be provided per apartment. The Applicant presented its
revised proposal to the Town Board and the public at the June 17,2004 Town Board meeting, noting that the
modifications had been made to reduce potential impacts related to the project. The details of this modified plan
—known as the Preferred Alternative Plan-are presented in the next section.
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
The Applicant subsequently submitted a Final Environmental Impact Statement("FEIS")detailing the Preferred
Alternative Plan and providing responses to the DEIS comments to the Town Board in August 2004. Following a
number of reviews and resubmissions,the Town Board accepted the FEIS as complete on January 5,2005. The
Applicant submitted an amended zoning petition to the Town Board on January 13,2005 to support the Preferred
Alternative Plan and to withdraw the request to change the zoning of Byron Place and Town Lot 300.2.
As part of the Preferred Alternative Plan,the Applicant offered to work with the Town to fund the construction of a
public parking deck on Town Lot 3 on Myrtle Boulevard . Please see Section 2.1 for more details on the
proposed public parking deck.
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
2.0 PROPOSED ACTION: PREFERRED ALTERNATIVE PLAN
•
2.1 Preferred Alternative Plan Project Description
Apartment Count:Market-Rate and Workforce Units.The residential component of the mixed-use
development has been reduced from 186 to 162 rental apartments,which will consist of 72 1-bedroom("BR"),84
2-BR,and six 3-BR units. Six of the apartments are proposed to be workforce units,which would be rented to
individuals or families whose household income does not exceed 80 percent of the Westchester County Area
Median Income as established by the U.S.Department of Housing and Urban Development("HUD").
Commercial Uses.The commercial component of the development will be as previously proposed under the
DEIS Site Plan—the existing retail center housing the NYSC health club,liquor store and dry cleaner will remain,
its façade will be renovated to complement the architecture of the new apartment building,and the capacity,
circulation and visual appearance of its parking lot will be improved.
Street Access and Parking.Under the Preferred Alternative Plan,the 2.18-acre Site continues to have frontage
on Madison Avenue,Byron Place and Maxwell Avenue. The main entry and drop-off area for the apartment
building will continue to be off Byron Place,which remains a Town road under the Preferred Alternative Plan.
The Applicant proposes to repave,curb,install a sidewalk,and landscape Byron Place as part of the Preferred
Alternative Plan sitework. Cars can enter the gate-controlled parking garage from either Byron Place(1St floor
level)or Maxwell Avenue(middle level). A second interior ramp has been added under the Preferred Alternative
Plan so that drivers can circulate to all parking levels from either of the garage entries.
Access to the retail parking area will continue to be from Maxwell Avenue. The parking area will be extended to
the east, incorporating the land currently occupied by the La Villetta restaurant. A"right-turn only"exit will be
provided at the northeast corner of the lot,at approximately the same location as the La Villetta driveway. In
order to provide a planting strip to soften views of the retail parking area from Madison Avenue,the Applicant
proposes to narrow the overall paved width of the parking lot by approximately five feet,change the striping to 75
degree-angled spaces and make the aisles"one-way,"which would simplify the circulation pattern within the lot.
Resident parking for the apartment building will continue to be located on three garage levels,with the main (1st
floor)level entered from Byron Place and the middle level entered from Maxwell Avenue. Under the Preferred
Alternative Plan,approximately 271 parking spaces are provided within the garage for residential use,while 13
visitor spaces are proposed to be located on the triangular parcel'on the east side of Byron Place opposite the
building's main entry. The 284 residential spaces for the 162 apartments represent an overall ratio of 1.75
spaces per apartment,as compared to the 1.44 spaces/unit ratio proposed under the DEIS Plan. Approximately
31 of the residential garage spaces will be two-deep or tandem spaces,where one space is located directly in
front of another space. These spaces would be made available to residents with two cars. The Preferred
Alternative parking supply is comparable to the 244 spaces for 142 units(1.72 spaces per unit) provided at the
Carlton House condominium located at 35 North Chatsworth Avenue.
The operator of the NYSC health club currently leases this parcel for parking purposes from the Town of
Mamaroneck,with approximately 15 spaces provided within an open gravel area. The Applicant proposes to
relocate these 15 spaces to the enlarged on-grade parking area adjacent to the retail center and assume the(or
execute a new)lease with the Town,and improve and landscape the parking area for use by apartment building
visitors.
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
The existing 49-space parking lot at the front of the retail center will be renovated and expanded by 15 spaces as
described above.All parking spaces could be accommodated in this location by extending the existing bays
eastward within the former La Villetta restaurant parcel. The proposed narrowing of the paved area to permit the
addition of the planting strip along the Maxwell Avenue frontage,however,reduces the count within the lot to 60
spaces. To increase the retail parking supply to 68 spaces as was presented in the DEIS Plan,the Applicant
proposes to dedicate eight retail employee spaces within the middle level of the residential parking garage,with
access from Maxwell Avenue.
A loading space for the apartment building will continue to be located between the Maxwell Avenue entrance to
the garage and the existing loading area for the retail center.
Landscaping and Screening.The removal of the T-shaped parcel from the Preferred Alternative project site
reduces the amount of land available to expand the retail parking area or to provide the pedestrian plaza and
fountain previously proposed under the DEIS Plan. To improve the visual appearance of the parking area,the
Applicant proposes installing an evergreen hedge along the northern edge of the parking to provide screening of
the lot from Madison Avenue and the sidewalk,and to plant trees and groundcover in curbed islands within the
parking area.
Mitigation of Existing Parking Shortage in Area.Through reducing the number of apartments,increasing the
number of residential and retail parking spaces,and improving the circulation within and appearance of the retail
parking lot,the Applicant sought to avoid, minimize and mitigate any potential impacts of the project on
neighborhood traffic and parking conditions. The existing parking shortage within the immediate area has been
described by numerous DEIS commentors and documented in several Town studies:the 1999 Ferrandino&
Associates Myrtle Boulevard Area Study,2000 Buckhurst Fish&Jacquemart Washington Square Development
and Parking Study("BFJ Study"),and 2002 Report of the Town of Mamaroneck Washington Square Parking
Task Force("Town Task Force").In recognition of this documented shortage,the Applicant committed as part of
the Preferred Alternative to work with the Town to fund the construction of a public parking structure on Town Lot
3,as recommended in both the BFJ and Town Task Force studies. The structure will consist of a lower on-grade
level and an upper decked level,generally as shown in Figure 9 of the BFJ Study. The Town's planning
consultant, Buckhurst Fish and Jacquemart, has estimated the construction cost of the structure in 2003 dollars to
range from$1.1 to$1.3 million.
The funding commitment will entail the Applicant making ongoing annual contributions,in combination with the
net revenue that the Town would accrue from users of the structure,to retire the debt service from the municipal
bond to be issued by the Town to cover the cost of construction of the parking structure. The net revenue will
consist of the new structured parking permit or usage fees less the costs of maintaining the structure. The
Applicant's commitment is based upon a parking structure as described above and a 15 to 20 year bond term.
Subject to the approval of the Town Board ,the Applicant and the Town Board may negotiate an alternate funding
plan.
Building Design: Exterior Features.The overall design, height and architectural treatment of the Preferred
Alternative apartment building is similar to that of the building proposed in the DEIS. The design of the proposed
residential building is similar in character to the Mediterranean and Tudor style residential buildings on North
Chatsworth Avenue. Like those buildings,this building will incorporate architectural elements such as a brick
detailing,terra cotta colored roofs,arched windows and varied roof. The east wing of the apartment building will
be set back approximately 60 feet from the front facade of the existing retail center or 180 feet from Madison
Avenue.
The proposed building has a modified "H"shaped footprint with its main entrance opening onto Byron Place. Six
stories of apartments are located over a ground floor containing a lobby and parking,with two additional parking
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
levels below-grade. The southeast corner of the building at the parking and second floor levels were pulled back
and notched under the Preferred Alternative revisions to reduce the amount of rock removal in that area. A
landscaped courtyard and adjoining activity rooms are located on the 2nd floor for residents'use,and smaller
resident terraces are also located on the 7th floor.
Storm Water Management.As part of its energy conservation and storm water management strategies,the
Applicant proposes to incorporate a°green roof system into the design of the Preferred Alternative building. A
green roof generally refers to a layered roof system consisting of,at minimum,a waterproof protective
membrane,a root barrier protective membrane,drainage material,plant growing medium and select plant
material. The plant material may consist of ornamental shrubs and plantings adjoining roof terraces,or low-
maintenance groundcover beds on rooftops that are not normally accessible to pedestrians. Benefits of a green
roof include a reduction in the amount of off-site storm water runoff,improved water quality,heat and cold
insulation,extended roof longevity,sound insulation and an overall positive visual/aesthetic appearance.. Subject
to final building design,the Applicant anticipates being able to provide a green roof over between 40 to 50%of
the projected roof area.
The storm water management system for the Preferred Alternative Plan will provide both on-site detention and
water quality treatment measures in accordance with the New York State Department of Environmental
Conservation Stormwater Management Design Manual and applicable Town of Mamaroneck regulations. A
subsurface sand filter and detention system will be located between the building and Byron Place. Although the
impervious area will increase within the Preferred Alternative site by 0.4 acres(as compared to a 0.5 acre
increase for the DEIS Plan),the post-development peak rate of runoff from the site with the proposed detention
system has been calculated to be at or below existing levels for all storm events up to and including the 100-year
design storm. The installation of the proposed sand filter along with other components of the treatment system
will result in the post-development pollution loads being lower than the existing conditions for all modeled
constituents,such that Total Suspended Sediments(TSS)will be reduced by 32%,Total Phosphorus(TP)will be
reduced by 24%,Total Nitrogen(TN)will be reduced by 24%,Metals will be reduced by 3%,and bacterial levels
will be reduced by 12%. Although the°green roof system described above was not included in the storm water
calculations,the Applicant represented that it expects an approximate 4 percent to 10 percent reduction in the
estimated volume of off-site storm water runoff through its implementation,as rain water will be taken up by the
plant materials and either absorbed into the plant tissue or released back to the atmosphere through the natural
evapo-transpiration process.
Construction.The Preferred Alternative Plan has a construction plan that comprises the following major
activities:
• Phase 1.Installation of erosion and sediment control measures,contractor mobilization,erection of
construction fencing,demolition of buildings,and the establishment of material stockpile areas.
• Phase 2. Installation of base course paving on former restaurant lot.
• Phase 3.Extension of retail parking area to former restaurant lot;relocation of sports club parking
from Byron Place parcel;construction fencing,trailers and parking on Byron Place parcel;
installation of storm water system and utilities;construction of apartment building to above 2nd floor.
• Phase 4.Protection of garage levels for parking use;continued construction and completion of
apartment building.
• Phase 5.Renovate retail facade;reconfigure and landscape retail parking area;complete site work
and landscaping;repave and landscape Byron Place.
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
2.2 Alternatives Considered
The New York State Environmental Quality Review Act(SEQRA) requires evaluation of a range of reasonable
alternatives to the proposed action,which are feasible,considering the objectives and capabilities of the project
sponsor. Pursuant to the adopted scoping document for the DEIS,the Town Board considered seven
development alternatives:
1. Conforming to Existing Regulations—Under this alternative,the site would be 2.94 acres,the project
design would comply with the dimensional requirements of the B-MUB and B districts. The apartment
units would be on five levels with a combination of structured and at-grade parking.
2. Conforming to Existing Zoning and Districts—Under this alternative,the,project would include only the
2.47 acres located in the B-MUB district and the project would comply with the dimensional requirements
of the B-MUB district. The apartment units would be provided on five levels above one level of parking.
At grade parking would also be provided.
3. No Build-Under this scenario,the site would remain in its current form with the existing mix of disparate
uses.
4. Alternative Zoning Change with an Affordable Housing Provision—This alternative addresses an
approach that would allow for increased residential density within the B-MUB district, maintaining the
current minimum site area,but allowing for a°density bonus"that would require the provision of
workforce housing units. The site area would be 2.94 acres.
5. Alternative Zoning Change—Under this alternative,the project would consist of the 2.47 acres located in
the B-MUB district,with the same building,parking and site improvements proposed under the Forest
City DEIS Plan. This alternative would require the proposed zoning amendment to be revised to change
the minimum site area per dwelling unit requirement.
6. Protect Modifications in the Number and Type of Units—This alternative would eliminate the top(7th
floor)of the apartment building with a resultant reduction of 20 apartment units. In addition,this
alternative considers changes in the planned mixture of one-bedroom and two-bedroom units. The site
area would be 2.94 acres.
7. Project Modifications in the Building Design—This alternative would reduce the proposed building's
height by one story with 20 less units and vary the building layout and setback from the adjoining
boundaries and roadways. The site area would be 2.94 acres.
The Preferred Alternative Plan reflects certain elements of the DEIS Alternatives by reducing the size of the
project site(to 2.18 acres from 2.94 acres)and the size of the apartment building(to 162 dwelling units with a
smaller footprint from 186 d.u.), and including six workforce units. The project site is located only within the B-
MUB district under the Preferred Alternative Plan.
2.3 Required Approvals
The Proposed Action requires the following approvals:
•
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
1. Town of Mamaroneck
a. Town Board-Zoning Amendment, Special Permit,visitor Parking Lease Approval
b. Planning Board—Site Plan Approval
c. Building Inspector—Demolition Permit,Building Permit,Sanitary Sewer Connection Permit,
Erosion and Sediment Control Permit
d. Highway Superintendent—Street Opening Permit
e. Tree Preservation Commission—Tree Permit
f. Board of Architectural Review—Sign Permit
2. Westchester County Department of Health
a. Plans for Public Water Supply Facilities
b. Approval of Backflow Prevention Devices
c. Fuel Oil Tank Registration
d. Sanitary Sewer Installation
3. Westchester County Planning Board-County Planning Board Referral and Review(Advisory
recommendation only)
4. New York State Department of Environmental Conservation-SPDES Permit for Stormwater
Discharges from Construction Activity(GP-02-01)
5. Westchester Joint Waterworks—Plans for Public Water Supply Facilities
6. NYS Thruway Authority, if applicable. •
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•
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
3.0 POTENTIAL ENVIRONMENTAL IMPACTS OF PROPOSED ACTION
3.1 Land Use and Zoning
The Town Board of the Town of Mamaroneck finds,upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
this SEQRA review,that the proposed Forest City Daly project will not have a significant adverse impact on
land use and zoning for the following reasons:
Existing Zoning.The project site is located in the B-MUB(Business Mixed Use Business)zoning district.As
stated in Section 240-25A of the Town of Mamaroneck Zoning Code,the purpose of the B-MUB district"shall
be to permit a mixture of business and residential zones in large parcels." The site currently contains a
variety of disparate uses including a warehouse,a tree service,a small shopping center,a restaurant,
surface parking,and three single family residences. The special uses permitted in the B-MUB district are the
same as the B (Business)district,with the addition of"mixed-use development,"which may include
multifamily dwellings,business and professional offices,and retail stores,and professional service
establishments, °separately or in combination.° The B-MUB District was created under Local Law No.2—
1990,which was adopted by the Town Board"pursuant to the Master Plan Update commissioned by the
Town of Mamaroneck in order to implement the zoning changes recommended by the Master Plan Update
for purposes of revising uses and districts within the Town of Mamaroneck in order to more fully protect the
orderly development of the Town."
The area and bulk requirements,parking ratios and design guidelines for mixed-use developments in the B-
MUB district are provided in Section 240-25E.These include:
Section 240-25E(1)Area and bulk requirements:
• Minimum site area:80,000 square feet
• Maximum height:5 floors(excluding covered parking and service area)or 60 feet
• Maximum floor area ratio(FAR): 1.0
• Minimum yards: 10 feet plus four inches per one foot of building height
Section 240-25E(2) Minimum site area per dwelling unit:750 square feet
Section 240-25E(3)Minimum parking requirements:
• Efficiency units 1.0 space/unit
• 1-bedroom units 1.25 spaces/unit
• 2-bedroom units 1.5 spaces/unit
• 3-bedroom units 2.0 spaces/unit
• Retail/office 1.0 space/200 gsf
Section 240-25E(4)(b)Maximum GFA nonresidential uses:40%total GFA
Section 240-25E(4) (c) Design guidelines
• Horizontal cross-section of buildings over 30 feet in height should not exceed 15%of total
site area,and should be reviewed for their effect on views and sight lines from adjacent
residential districts
• Required front yards should be landscaped except for necessary access drives
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
• Service areas and parking lots should be screened from adjacent residential districts by
landscaping or fences
Proposed Zoning Amendments. As represented by the Applicant,the purpose of the proposed zoning
amendments is to synchronize the requirements of the B-MUB District with the physical limitations of the
properties within the district so as to permit the development of an economically feasible mixed-use
project.
The proposed text amendments to the B-MUB district would modify certain procedural and dimensional
requirements.As presented in the Applicant's petition,these amendments are:
• Clarify that the Town Board is the approval authority for a special permit for mixed-use
development in the B-MUB District,upon receiving an advisory opinion from the Planning Board
(§240-25D and§240-25E);
• Raise the maximum permitted height within the B-MUB District from five floors and 60 feet to
six floors and 75 feet(§240-25E(1)(b));
• Limit the application of"floor area ratio"to non-residential uses and reduce its maximum to 0.4
(§240-25E(1)(c));
• Change the minimum yard setback to 15 feet where a property borders a public street and 10
feet elsewhere(§240-25E(1)(d));
• Add a provision setting the maximum building coverage at 55% (§240-25E(1)(e));
• Change the minimum gross site area per dwelling unit from 750 to 585 square feet(§240-
25E(2));
• Modify the design guideline related to the maximum horizontal cross section of buildings over
30 feet in height from 15%to 40%of the site area(§240-25E(4)(c));and
• Add a reference to the B-MUB District in the general zoning section related to height exceptions
(§240-56A).
•
Town Studies.Several Town studies have been undertaken addressing land use issues in the site
environs as summarized below:
o Myrtle Boulevard Area Study(Ferrandino&Associates, Inc.-April 1999)- This study describes
the purpose of the existing B-MUB District pursuant to Chapter 240-25 of the Town zoning
code;presents a land use survey of the B-MUB District inclusive of the project site as well as a
parking survey of the areas public and private parking supply;describes aesthetic issues and
opportunities,and provides land use and zoning recommendations for the site environs. The
study indicates that many of the properties in the district have non-conforming uses, including
the three residences on Maxwell Avenue and the tree service on Byron Place. In discussing
the aesthetics of the study area,the document states"An area of concern is aesthetics,
including building facades,signage and streetscape—lighting,street paving,curbing,trash
receptacles,benches and landscaping—in the Study Area."
o Washington Square Development and Parking Study (Buckhurst,Fish and Jacquemart, Inc.
(BFJ)-October 2000)-This study discusses existing land use and zoning conditions in the site
environs;provides an overview of other planning studies conducted for the study area;outlines
parking recommendations and reviews the Myrtle Boulevard concept;and presents
development options for the project site. In reviewing the Master Plan Update, Phase 1
(Shuster Associates)as part of the earlier planning studies of the area,the BFJ report quoted
the master Plan Update regarding the project area as follows:
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
.....West(presumably"south",as Madison runs generally east-west)of Madison
Avenue,the underutilized block bounded by the Thruway is suitable for high density
residential,office or commercial use or a combination of such uses. It has excellent
access and visibility and there are no adjacent uses to bedirectly impacted. The
primary consideration is that adequate parking and supporting facilities be provided.It
is proposed that land use controls permit such a range of uses—either singly or in
combination—rather than the current designation,which allows only business use or
an exclusive residential district such as applies to the adjacent areas. Assemblages of
the smaller parcels in the block,to create larger,more efficient development units,is
to be encouraged.(p.vi,Master Plan Update)
o Report of the Town of Mamaroneck Washington Square Task Force(April 2002)—This report
examines existing parking conditions in the Washington Square area,identifies primary parking
problems,presents a summary of findings,and outlines a series of recommendations related to
parking practices and rules. Among the recommendations outlined in the report is the
construction of a parking structure on Town Lot 3.
Conclusion and Mitigations.The Town Board has considered public comment from the DEIS public
hearing and comment period,and subsequent discussions regarding the project.These comments
have resulted in modification of the proposed mixed use development as outlined above for the
Preferred Alternative Plan.Under the Preferred Alternative Plan the project site has been reduced from
2.94 acres to 2.18 acres as the southern portion of Byron Place,the Town-owned triangular parcel on
the east side of Byron Place,and the T-shaped parking lot serving the Clocktower office building area
are no longer part of the project site. The 2.18 acre site is located completely within the B-MUB district.
The Preferred Alternative Plan increases the setback distance of the proposed apartment building to
180 feet from Madison Avenue or 60 feet from the facade of the existing retail center. By comparison,
the DEIS plan provided a setback of only 120 feet between the apartment building and Madison
Avenue.
The Town Board makes the following findings on the proposed zoning amendments_
• Maximum Height.The Town Board finds that the proposed text amendment to increase the
number of permitted floors by one(to six floors),and increase the total permitted height by 15 feet
(to 75 feet)will yield a new building that is consistent with the built and visual context created by
the existing six-and seven-story apartment buildings located north of the site.The amended height
maximum will not adversely affect the municipal uses (i.e. Mamaroneck DPW yard and Larchmont
water tanks)and interstate highway uses(i.e. 1-95 travel lanes and ramps)which currently border
the site on the south,east and west.
• Maximum Floor Area Ratio(FAR).The Applicant has proposed an amendment that would create
a maximum FAR of 0.4 for non-residential uses.This proposed FAR is consistent with the existing
B-MUB Section 240-25E(4)(b),which requires that"nonresidential uses shall not occupy more than
40%of the gross floor area of all structures on the site."
However,the Town Board finds that the existing commercial structure has a floor aof 14,100
square feet,which is just under an FAR of 0.15(based on a gross site area of 94,961 squ f j).
The Town Board further finds that this square footage is appropriate in scale and size to the
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
neighborhood and the proposed development.Therefore,the Town Board will allow commercial
uses(excluding structured parking)in the B-MUB district to have an FAR no larger than 0.15.
• Yard/Setbacks.The Town Board finds that the proposed reduction in the required setback will
have minimal impact on the neighborhood surrounding the B-MUB zone due to the nature of the
adjacent land uses to the south,east and west. The north side uses are the critical ones,in terms
of potential impact.Under the Preferred Alternative Plan,the north side of the proposed apartment
building will be set back 180 feet from the centerline of Madison Avenue,compared with 120 feet
under the DEIS Plan.The front building line of the existing stores is set back 120 feet from the
centerline of Madison Avenue.
The Town Board finds that the proposed setback amendment shall distinguish between
commercial and residential uses for all existing or new structures.Commercial uses shall be set
back at least 120 feet from the property line along Madison Avenue.Residential uses shall be set
back at least 170 feet from the property line along Madison Avenue.The reason that the Town
Board finds that the residential setback should be at least 170 feet(as opposed to the Preferred
Alternative Plan setback shown at 180 feet) is to provide the Planning Board and the Applicant with
some flexibility in locating the building should site conditions warrant this.
• Maximum Building Coverage.The current B-MUB regulations in Section 240-25E(1)do not
include a maximum building coverage limitation. The Town Board finds that the proposed zoning
amendment to provide a 55% building coverage limitation within Section 240-25E(1)will create a
coverage maximum. Such a control is a standard component of area and bulk regulations.The
proposed 55%coverage has no impact on surrounding uses and is primarily needed to
synchronize the requirements of the B-MUB District with the physical limitations of the site and the
proposed building.
• Residential Density.The Town Board finds that the proposed amendment to modify the
maximum residential density to one dwelling per 585 square feet of gross site area results in an
appropriate density for the site,given its physical constraints and Town Board concerns for visual
compatibility with the existing apartment buildings located to the north of the site.
• Maximum Horizontal Cross Section.The Town Board finds the proposed revision of the
horizontal cross section limitation to 40%of the site area within the Section 240-25E(4)(c) [1]
guideline is appropriate and would not result in any adverse affect on aesthetic resources in the
site environs. This finding is supported by the visual simulation and shadow studies presented in
the DEIS and the FEIS.
Further,the Town Board finds that the proposed project will have no adverse land use or visual impacts
for the following reasons:
• Land Use Plans and Studies.The proposed project is in conformance/consistent with land use
plans and studies including the Town of Mamaroneck Master Plan and Updates,the Myrtle
Boulevard Area Study,the Washington Square Development and Parking Study,and Patterns for
Westchester.
• Land Uses.The redevelopment of the site into an apartment building,while keeping the existing
commercial uses, is compatible with existing office and retail buildings in the area,and the
apartment buildings to the north of the site.The proposed project will not have adverse impacts on
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
the Town of Mamaroneck Department of Public Works yards and the Village of Larchmont water
tanks on the south, 1-95 on the east(and the Metro-North railroad tracks parallel to the eastern
side of 1-95),and the on-off ramp of Interchange 17 of 1-95 on the west. The proposed project will
also have a positive impact on the current documented parking shortage in the area as the
Applicant has committed to the town to increase the amount of parking in Town Lot#3.
• Aesthetic and Visual Context.The proposed project will have positive aesthetic impacts on the
views seen by the existing apartment buildings. Where now these views include a warehouse and
tree service facility,the post-development views will include an apartment building similar in type to
the existing apartment buildings and more street and parking lot landscaping.
3.2 Natural Resources
Land Resources
The Town Board of the Town of Mamaroneck finds,upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
this SEQRA review,that the proposed Forest City Daly project will not have a significant adverse impact on
land resources for the following reasons:
Existing Site Development.The 2.18 acre project site is a developed urban parcel containing a variety of
land uses including a small shopping center,a restaurant,a warehouse and tree service facility,three single-
family residences,and surface parking areas.
Topography.As the majority of the site is relatively flat with slopes ranging 0 to 10 percent(with exception of
an isolated knoll in the southeast corner of the property),impacts on steep slopes will be minimal from the
project.
Subsurface Geology. Below the developed surface area,the site is generally underlain by unconsolidated
deposits of glacial till and weathered gneiss sitting above fractured gneiss and schist bedrock. The
Applicant's test borings have found that a perched groundwater condition may be present in certain areas of
the site between 9 to 15 feet below grade,which may not be indicative of the true groundwater level. If the
below-grade levels of the proposed building displace groundwater,it is expected that the groundwater will
remain subsurface,according to generally accepted principles of hydrogeology,and will not be displaced up
to the surface. If groundwater is encountered during construction,such groundwater will be subject to the
requirements stated below in Erosion and Sediment Control section regarding dewatering activities. See
immediately below for rock removal requirements.
Rock Removal Recommendations.The Applicant's geotechnical engineer has prepared recommendations
for the removal of rock in the southeast section of the site utilizing mechanical chipping,and if necessary,
blasting. All excavation planning,testing, monitoring,scheduling and activities would be coordinated with
Town of Mamaroneck and Village of Larchmont officials. Prior to any rock removal,detailed inspection of
the Village of Larchmont water tanks and associated facilities will occur at the Applicant's expense to refine
the proposed monitoring and excavation procedures.
Erosion and Sediment Control.An Erosion and Sediment Control Plan has been prepared for the project in
accordance with the SPDES General Permit for Stormwater Discharges from Construction Activities(Permit
No.GP-02-01). Erosion and sediment control measures will be installed prior to the start of construction and
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
will be maintained and monitored throughout the construction period. Further,to comply with GP-02-01,a
Stormwater Pollution Prevention Plan will be prepared. Several temporary structural measures will be
installed to mitigate any potential erosion and sediment impacts,including,but not limited to surrounding
material stockpiles with silt fence and hay bales dams,grading of excavated and embankment areas to
permit drainage and the runoff to be intercepted in ditches with silt barriers or collected in settling basins.
Stabilized construction entrances will be installed and maintained during construction to minimize the off-site
migration of sediment from construction vehicle tires.When complying with the town's Erosion and Sediment
Control Law,the applicant must place a special emphasis on its detailed plan for treating and discharging
any increased flow of water resulting from the de-watering of excavated materials or resulting from any
excavation for the foundation that may be below the water table.
Preferred Alternative Plan. In comparison to the DEIS Plan,the Preferred Alternative Plan reduces the
size of the project site,the size of the proposed apartment building,the area of impervious coverage,and the
amount of rock removal and earth excavation near the south boundary. Under the Preferred Alternative
Plan,the design of the building is adjusted to pull the building away from the existing area of rock.Through a
combination of building design modifications(i.e.pulling the building foundation away from areas of rock),
examination of geotechnical and structural conditions, and proposing conservative rock removal methods
and monitoring systems,the Applicant's plan avoids and minimizes significant adverse impacts on land
resources.
Water Resources
The Town Board of the Town of Mamaroneck finds, upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
this SEQRA review,that the proposed Forest City Daly project will not have a significant adverse impact on
water resources for the following reasons:
Existing Drainage Conditions.The existing developed area of the site contains a total of approximately 1.5
acres of impervious coverage in the form of buildings,driveways and parking areas. No surface water
bodies or wetlands are located on or adjacent to the project site. Drainage from the site is currently
conveyed to the existing drainage facilities found in Byron Place, Madison Avenue and Maxwell Avenue,
which flow to the piped segment of the Pine Brook located downstream of Beechmont Lake and as such is
located in the Pine Brook sub-watershed.
Proposed Drainage Conditions. Storm water flows from the project will continue to be directed to the
existing municipal conveyance systems surrounding the site. Mitigation measures are proposed which will
serve to manage the peak rate of storm water runoff from the site as well as to improve the water quality of
the runoff when compared to existing conditions. More details are provided below.
Preferred Alternative Plan. In comparison to the DEIS Plan,the Preferred Alternative Plan provides for a
reduction in the size of the building and newly paved surfaces resulting in a reduction in storm water runoff.
The Preferred Alternative Plan will provide both on-site detention and water quality treatment measures in
accordance with the NYSDEC Stormwater Management Design Manual and applicable Town of
Mamaroneck regulations. The post development peak rate of runoff from the site(with the proposed
detention system)has been calculated to be at or below existing levels for all storm events up to and
including the 100-year design storm.
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Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
The Preferred Alternative Plan also incorporates a green roof system that will extend over 40%to 50%of the
roof surface.This system is expected to provide additional water quality benefits and will reduce the volume
of storm water runoff from the site.The roof drainage from the project will be piped through a subsurface
sand filter and detention system located between the building and Byron Place.
Vegetation and Wildlife
The Town Board of the Town of Mamaroneck finds, upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
this SEQRA review,that the proposed Forest City Daly project will not have a significant adverse impact on
vegetation and wildlife resources for the following reasons:
Existing Conditions.Existing vegetative cover on the project site is limited to approximately 0.5 acres.The
predominant vegetative cover type is grass lawn interspersed with ornamental plantings in the southwestern
portion where the three single-family residences are located. The project site is located in an urban area
adjacent to 1-95 and is covered primarily by buildings and paved surfaces. Any wildlife which occurs on the
site or in the surrounding area would be typical to urban settings that are tolerant of humans and require only
limited habitat such as squirrels,raccoons,skunk,mice and certain birds. None of the potential species is
considered to be endangered,threatened,or of special concern by the NYSDEC. There are no threatened,
endangered or rare wildlife habitats on the site that could suffer an adverse impact by the proposed project
Preferred Alternative Plan. In comparison to the DEIS Plan,the Preferred Alternative Plan reduces the
size of the project site,the size of the proposed apartment building,the area of impervious coverage,and the
amount of rock removal and earth excavation near the south boundary,thereby reducing impacts on existing
vegetation and wildlife. Construction of the project is anticipated to result in the removal of approximately 0.5
acres of existing vegetation,but this loss will be augmented with new plantings as shown on FEIS Drawing
SP A-3, Preferred Alternative Landscape Plan.
3.3 Air Quality and Noise
The Town Board of the Town of Mamaroneck finds, upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
this SEQRA review,the proposed Forest City Daly project will not have a significant adverse impact on air
quality and noise for the following reasons:
Air Quality
Mobile Sources.The air quality analysis presented in the DEIS of potential mobile source impacts from
additional traffic to be generated by the proposed project indicates no violation of the National Ambient Air
Quality Standards(NAAQS) is expected to occur as a result of the proposed project. The proposed project is
a relatively low traffic generator,resulting in less than 65 trips during weekday and Saturday midday peak
hour periods.
17 of 26
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
Parking Facility.The air quality analysis presented in the DEIS indicates that no violation of air quality
standards is expected from the proposed projects parking facilities.The parking garage will provide a
combination of mechanical ventilation and open air ventilation.
Stationary Sources.The air quality analysis presented in the DEIS includes an assessment of boilers
proposed to be used for the building's heating and hot water. The results of the assessment indicate that no
impact is anticipated from the proposed building's heating and hot water systems.
Construction Equipment. The applicant will be required to minimize the generation of airborne dust during
site preparation and construction activities by requiring trucks to cover loads of materials while transporting
them to and from the site; using tarps to cover materials stored on-site,and using a water spray mist on area
and/or activities susceptible to generating dust. The applicant will be required to exercise best practices to
keep construction equipment in good working order to minimize emissions from gas and oil powered
equipment.
Preferred Alternative Plan.With the reduction in peak hour traffic from the Preferred Alternative Plan as
compared to the DEIS Plan,there is expected to be a comparable reduction in potential air quality emissions
from the project. Highway emissions from 1-95 are not expected to pose an adverse affect to residents of the
proposed apartment building.
Noise
Existing Conditions.The project site is affected by vehicular noise from two primary sources:1)traffic
traveling on 1-95 along the site's eastern boundary,which is partially blocked by a barrier wall,2)trucks from
the Town of Mamaroneck Department of Public Works yards traveling along Maxwell Avenue along the
western boundary of the site,and 3) Metro-North Railroad. Ambient noise levels on the project site range
from 52 dBA to 66 dBA.
Construction Period. Construction activities for the proposed project are planned to occur in three primary
phases(i.e.site preparation/excavation/foundation;superstructure and enclosure;interior fit outs and
finishes),over a period of approximately 22 months. The hours of construction operations will be limited to
times stipulated on permits issued by the Town of Mamaroneck. The Applicant will be required to exercise
best practices to keep construction equipment in good working order to minimize noise.
Design Measures.Noise levels within the proposed FCD apartment units will be minimized through a
combination of double-paned windows,insulated wall assemblages and HVAC systems that do not include
through-wall units.After construction(i.e., upon occupancy),the proposed project itself is not expected to
generate noise that is different than or greater than noise generated by similar structures in the area.The
commercial component of the project will likely generate the same amount and kinds of noise currently
generated.
3.4 Traffic and Transportation
The Town Board of the Town of Mamaroneck finds, upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
the SEQRA review,that the proposed Forest City Daly project will not have a significant adverse impact on
traffic and transportation for the following reasons:
18 of 26
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
Study Intersections.In accordance with the DEIS Scoping Document,the DEIS traffic analysis for the
proposed project evaluates sixteen intersections in the site environs during weekday morning and weekday
afternoon peak periods. In addition,four intersections were studied for the Saturday midday peak period.
Scenarios Evaluated.The traffic analysis identified existing traffic volumes,expanded existing volumes to
reflect background traffic growth and traffic from other potential development in the study area to establish
projected °No Build"conditions. Projected traffic volumes for the proposed project were then calculated and
added to the°No Build"volumes to determined future°Build"traffic conditions with the project.
Site Traffic Generation.The original 186 dwelling unit DEIS Plan was projected to result in a net increase
(over the existing on-site uses)of approximately 54 trips in the weekday AM peak hour,60 trips during the
weekday PM peak hour,and 64 trips during the Saturday midday peak hour.
Intersection Level of Service.DEIS Table No.I11.0-4 summarizes peak hour level of service(LOS)for the
study intersections under Existing, No Build and Build conditions. The results of the LOS analysis indicate
that 14 of the 16 study intersections operate at acceptable overall LOS of"D"or better during peak weekday
and Saturday periods under Existing and No Build conditions. Two of the study intersections,however,
experience reduced levels of service during peak hour periods.(i.e.the signalized intersection of Palmer
Avenue and Chatsworth Avenue in the Village of Larchmont,and the un-signalized intersection of Madison
Avenue and 1-95 ramps/New Jefferson Street). The LOS results for Build conditions with the project(under
the DEIS Plan)are similar to No Build conditions with 14 of the 16 study intersections expected to operate at
acceptable overall LOS of°D"of better during peak weekday and Saturday periods.
Construction Traffic.The town will define an acceptable route for large construction trucks,as part of the
site plan approval process.Ingress and egress for construction trucks shall be from 1-95, Exit 17,Chatsworth
Avenue.
Preferred Alternative Plan.The reduction in the number of residential apartment units from 186 to 162 will
reduce peak hour traffic generation by approximately 13 to 18 percent relative to the DEIS Plan. Under the
Preferred Alternative Plan,the main entry and drop-off area for the apartment building will be from Byron
Place as will access to the 1st floor level of the parking garage. Vehicular access to the middle level of the
parking garage and the retail parking area will be from Maxwell Avenue. Access to the retail parking area
will continue to be from Maxwell Avenue. A°right-turn only"exit to Madison Avenue will also be provided
from the retail parking area.
The Preferred Alternative Plan provides a 271-space parking garage for resident use,plus 13 surface
spaces for a parking ratio of 1.75 spaces per dwelling unit.The Town Board will require the owner/manager
of the proposed building to include the rental cost of residents'parking spaces in their apartment rent, i.e.,
there cannot be separate parking space charges and all apartment-rents shall include at minimum one
parking space.Sixty-eight parking spaces will be provided for the on-site retail uses.By comparison,the
DEIS Plan proposed 267 residential spaces,representing a parking ratio of 1.44 spaces per dwelling unit.
Through reducing the number of apartments, increasing the number of residential and retail parking spaces,
and improving the circulation within the retail parking lot,the Applicant has sought to avoid,minimize and
mitigate any potential impacts of the project on neighborhood traffic and parking conditions. Although the
design of the proposed project is intended to be self-supporting in terms of parking,the Applicant recognizes
that there is an existing parking shortage within the immediate area,and has committed as part of the
Preferred Alternative Plan to work with the Town to fund the construction of a public parking structure on
19 of 26
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
Town Lot 3, as recommended in both the BFJ and Town Task Force studies. The structure will consist of a
lower on-grade level and an upper decked level,generally as shown in Figure 9 of the BFJ Study. The
Town's planning consultant, Buckhurst Fish and Jacquemart,has estimated the construction cost of the
structure in 2003 dollars to range from$1.1 to$1.3 million.
The funding commitment will entail the Applicant making ongoing annual contributions,in combination with
the net revenue that the Town would accrue from users of the structure,to retire the debt service from the
municipal bond to be issued by the Town to cover the cost of construction of the parking structure. The net
revenue will consist of the new structured parking permit or usage fees less the costs of maintaining the
structure. The Applicant's commitment is based upon a parking structure as described above and a 15 to 20
year bond term.Subject to the approval of the Town Board,the Applicant and the Town Board may negotiate
an alternate funding plan.
3.5 Utilities
The Town Board of the Town of Mamaroneck finds, upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
the SEQRA review,that the proposed Forest City Daly project will not have a significant adverse impact on
utilities for the following reasons:
The project site is currently served by the Westchester Joint Water Works(WJWW)water supply,the Town
of Mamaroneck and the Westchester County Department of Environmental Facilities sanitary sewer systems.
Consolidated Edison currently provides electric and gas service to the site and telephone service is provided
by Verizon.The local electric,natural gas,and telephone systems are expected to have sufficient capacity to
supply the proposed project.
Water Service. Under the original DEIS Plan,the projected net increase in the potable water supply for the
project was approximately 44,500 gallons per day(gpd). The WJWW confirmed that the water supply
infrastructure was sufficient to service the DEIS Plan. The domestic water service for the project will be
provided from an existing 6-inch main in Madison Avenue while fire service will be handled from the existing
16-inch main in Madison Avenue.
Sanitary Sewer.Under the original DEIS Plan,the projected net increase in sanitary flow from the project
site was approximately 40,500 gpd. Based on discussions with Town and County engineering
representatives,and review of available data,the local municipal sanitary sewer collection system and
Westchester County interceptor and the Fifth Avenue pumping station have adequate capacity to
accommodate the sanitary sewage requirements of the proposed project.This was confirmed by John K.
Devany,Construction Coordinator for Westchester County Department of Environmental Facilities, in his
,letter dated January 13,2003.
Preferred Alternative Plan.The reduction in the number of residential apartment units under the Preferred
Alternative Plan,will reduce the net increase in the daily water demand requirement and sanitary sewer flow
from the project by approximately 19 percent. All utility line installations and service connections will be
made in accordance with applicable State and local building codes and to the satisfaction of the local utility.
20 of 26
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
3.6 Cultural and Aesthetic Resources
The Town Board of the Town of Mamaroneck finds, upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
the SEQRA review,that the proposed Forest City Daly project will not have a significant adverse impact on
cultural and aesthetic resources for the following reasons:
Cultural Resources.The Literature Review and Sensitivity Analysis prepared for the project site indicates
that the project area has previously been subject to cutting and filling earthwork activities. Based on
environmental factors and the extent of prior disturbance,the prehistoric potential of the project area is low.
Similarly,the aforementioned analysis determined that the project area is not considered sensitive for historic
resources.
Aesthetic Resources.The proposed replacement of the site's warehouse and service yard and single-
family residences with an apartment building will be more in character with the neighborhood located north of
the site.
• Visual Simulations.The DEIS provided a series of visual simulations to show proposed views to the
site from selected vantage points. The proposed project will be visible from adjacent streets including
Myrtle Boulevard,Washington Square, Madison Avenue and North Chatsworth Avenue. The building
design,siting, material selection and landscaping will enhance the appearance of the site environs.
• Shadows.The DEIS provided shadow studies to illustrate plan views of the project site and its
surrounding area. The longest shadows cast by existing;site buildings fall on the project site, Maxwell
Avenue and Madison Avenue. The shadows from the proposed apartment building will be longer,but
will still primarily be cast on the project site Maxwell Avenue and Madison Avenue. In the winter,some
shadows will reach across Madison Avenue to the existing commercial building across from the site and
some will reach across the 1-95 ramps to an existing commercial building on Fifth Avenue.
Preferred Alternative Plan.While views of the Preferred Alternative Plan will be similar to the DEIS Plan,
portions of proposed apartment building will be less visible from certain vantage points since the northeast
wing of the building will be pulled south(as compared to the DEIS Plan).
3.7 Socioeconomics
The Town Board of the Town of Mamaroneck finds, upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
the SEQRA review,that the proposed Forest City Daly project will not have a significant adverse impact on
socioeconomic conditions for the following reasons:
Existing Conditions.The subject property currently generates a total of approximately$ 136,895 annually
in property taxes to the Town of Mamaroneck,the Mamaroneck Union Free School District and Westchester
County. Sales tax revenues are generated by the on-site retail uses.
Taxes. Under the DEIS Plan,the project was expected to generate approximately$714,370 annually in
property tax revenues,and sales taxes would continue to be generated by the on-site retail uses to remain
(i.e., health club, liquor store and cleaners).
21 of 26
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
•
Preferred Alternative Plan.The reduction in the number of residential apartment units from 186 to 162
would reduce annual property tax generation from the site by approximately$84,085 or 11.8 percent from
$714,370 to$630,285. However,the Preferred Alternative Plan would result in a net increase of
approximately$493,390 in total annual tax revenues over the$136,895 in taxes currently generated by the
property. Sales taxes revenues would continue to be generated by the on-site retail uses to remain under
the Preferred Alternative Plan. Further,the applicant has committed to providing workforce housing.These
will be apartments within the residential building.The Preferred Alternative Plan provides for six apartments
to be rented to individuals or households whose household income does not exceed 80 percent of the county
median income as established by the U.S. Department of Housing and Urban Development.
3.8 Community Services
The Town Board of the Town of Mamaroneck finds,upon due consideration of the DEIS and the FEIS,and
information derived from other documents,Town Board meetings and public hearings during the course of
the SEQRA review,that the proposed Forest City Daly project will not have a significant adverse impact on
community services for the following reasons:
Schools.The project site is located in the Mamaroneck Union Free School District(UFSD)which consists of
four elementary schools,one middle school and one high school. The district had a total enrollment of 4,718
students in 2003-2004. The three existing single-family residences located on the project site have the
potential to generate approximately two to three children to the school district.
The proposed apartment building,consisting largely of one-bedroom and two-bedroom units,will be
marketed primarily to single professional and empty nesters,thereby serving to mitigate the number of
school children added to the UFSD. Under the DEIS Plan,the project was expected to generate up to 18
additional students to the UFSD based on demographic multipliers contained in the"New Practitioner's
Guide to Fiscal Impact Analysis"(NPG). The DEIS also presented a supplemental analysis of potential
student generation from the project based on US Census 2000 5 percent Public Use Microdata(PUMS)data.
Using the PUMS methodology,the DEIS Plan would generate approximately 36 additional children to the
UFSD. With consideration of the 2 to 3 school children potentially residing in the three existing on-site
residences to be removed as part of the project,the DEIS Plan would have resulted in a net increase of 15
public school students over existing conditions using the NPG methodology and 33 public students using the
PUMS data. Given the relatively modest number of students expected from the project,and based on the
UFSD's current and projected enrollments,the Town Board finds that the school district has adequate
capacity to handle the projected enrollment increase from the project. As previously discussed herein,the
school district will be the beneficiary of additional tax revenues from the project on an annual basis.
Police.The Town of Mamaroneck Police Department,which has a staff of approximately 40 full-time,paid
police personnel,provides police protection in the project area.The police headquarters are located at 740
West Boston Post Road.
The proposed project will provide private, 24-hour on-site concierge/security staffing at the front lobby. The
parking garage will be secured with an automated security access system. The surrounding outdoor parking
areas and walkways will be well lit for additional security. Any increase in service demand from the project is
expected to be minimal,and the project is not anticipated to adversely impact police department resources.
The net increase in tax revenues from the project to the Town will also serve to offset any potential increase
in police service demand resulting from the project.
22 of 26
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
Fire and Ambulance. The Town of Mamaroneck Fire Department,with a combined full-time and volunteer
organization,provides fire protection in the project area.The department staff consists of approximately 14
full-time and 60 volunteer fire fighters.The fire department building is located at 205 Weaver Street. The
department participates in the Westchester County Mutual Aid program to provide and receive support,if
needed,from surrounding community fire departments.
The Town of Mamaroneck Ambulance District,a tri-municipal organization consisting of the Village of
Mamaroneck Emergency Medical Service and the Larchmont/Town of Mamaroneck Ambulance Corps,
provides emergency medical services to the project area. The District is staffed by volunteers and part-time
paramedics. The ambulance district building is located at 155 Weaver Street. The district participates in the
Westchester County Mutual Aid program to provide and receive support,if needed,from surrounding
community ambulance services.
The proposed apartment building will be constructed in accordance with the New York State Building Code
and Life Safety Code,and will incorporate design measures such as sprinklers and standpipe systems,
smoke alarms and detectors,and other fire suppression and detection devices. The project site will be
accessible from Madison Avenue, Maxwell Avenue.and Byron Place. The surrounding fire hydrants and
public water mains have good pressure and flow. The planned elimination of several older wood-framed
buildings from the site will also be beneficial from a fire protection standpoint. The response time to the site
from the fire department building on Weaver Street is estimated to be approximately one minute. Based on
the planned design measures,the proposed project is not expected to adversely impact fire or emergency
medical services. As previously discussed herein,the Town will be the beneficiary of additional tax revenues
from the project.
Solid Waste.Solid waste generated by the various existing uses on the project site is collected by the
Larchmont-Mamaroneck Joint Garbage Disposal Commission and/or private waste hauling companies.
Solid waste generated by the project will be handled by the Larchmont-Mamaroneck Joint Garbage Disposal
Commission. The Applicant will purchase refuse containers from the Commission,which the Town's
garbage truck are specifically equipped to pick up. The Town of Mamaroneck Department of Works yard is
located directly adjacent to the project site. The projected increase in tax revenues from the project is
expected to offset the increase in solid waste service demands from the project. In terms of other potential
Town public work services,it is noted that the projects internal driveways and parking area will be
maintained by the new facility or through contract with a private maintenance provider.Snow removal and
landscape maintenance will be provided by on-site staff and/or private service providers.
Recreation.The Town of Mamaroneck Recreation Department administers recreation programs and is
responsible for several recreational facilities in the Town of Mamaroneck.
The apartment building will have a community lounge,outdoor terrace and bicycle racks for project residents.
The on-site New York Sports Club will also be available for those residents wishing to join. The net increase
in tax revenues from the project to the Town will serve to offset potential demand on Town recreational
facilities from the project.
Preferred Alternative Plan.As a result of the reduction in the size of the project site and the number of
residential apartment units under the Preferred Alternative Plan,potential impacts on the community services
outlined above would be equal or less than the DEIS Plan.
23 of 26
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
CONCLUSIONS
The Town Board has considered the zoning petition,development application,and SEQR documents submitted
by Forest City Daly in support of its proposed apartment building.The Town Board has considered the public
comment received on these materials.As a result of this process,the Town Board recognizes and makes a
balance among the long-standing intent of the B-MUB zoning,the various public benefits arising from the
application, and the concern of area residents regarding the proposed building's size.
Therefore,the Town Board finds that the proposed apartment count shall be no more than 159 dwelling units,a
reduction from both the original proposal of 186 units and the reduced Preferred Alternative Plan proposal of 162
units.At least nine units of the total shall be workforce housing,rented to individuals or families whose household
income does not exceed 80 percent of the Westchester County Area Median Income as established by the U.S.
Department of Housing and Urban Development(HUD).The building shall have a mix of one-bedroom,two-
bedroom,and three-bedroom dwelling units;there shall be no more than six three-bedroom units,the number
presented in the Preferred Alternative Plan. The zoning amendments as proposed by the Applicant shall be
modified as follows:•
• Section 240-25E(2)shall state that the minimum gross site area per dwelling unit shall be 595 square feet.
This is an increase over the applicant's petition for a minimum gross site area of 585 square feet.
• Section 240-25E(1)(c)shall state the maximum floor area ratio for non-residential uses(excluding structured
parking)shall be 0.15.
• Section 240-25E(4)[5](or elsewhere in the B-MUB text as appropriate)shall state that for any new or existing
building,the building line of commercial uses shall be setback at least 120 feet from the property line along
Madison Avenue,and the building line of residential uses shall be set back at least 170 feet from the property
line along Madison Avenue.
•
The Town Board finds and certifies that the requirements of 6 NYCRR Part 617 have been met,as listed below.
•
1. The Town Board has given,due consideration to the Draft and Final EIS, and information derived from
other documents and public hearings and Town Board meetings during the course of this SEQRA review
process;
2. This Findings Statement has been prepared pursuant to and as required by 6 NYCRR Part 617.The
Findings consider the relevant environmental impacts,facts, and conclusions disclosed in the Draft and
Final EIS,and information derived from other documents and public hearings and Planning Board
meetings during the course of this SEQRA review process.
3. This Findings Statement weighs and balances relevant environmental impacts with social,economic,
and other considerations,whether here in the Findings Statement or by reference to the approved Draft
EIS and Final EIS.
4. This Findings Statement provides a rationale for the Lead Agency's decision,whether here in the
Findings Statement or by reference to the approved Draft EIS and Final EIS.
5. This Findings Statement certifies that consistent with social,economic and other essential
considerations,the action approved by the Town Board,from among the reasonable alternatives
available, is an action that avoids or minimizes adverse environmental impacts revealed in the
environmental impact statement process to the maximum extent practicable by incorporating as
conditions to the decision those mitigative measures that were identified as practicable in the Draft EIS,
Final EIS,and this Findings Statement.
24 of 26
it
1
Forest City Daly Mixed-Use Development FINDINGS STATEMENT
Town of Mamaroneck,New York
BE IT FURTHER RESOLVED,that within five(5)business days of the adoption of this resolution,the Supervisor
or other duly authorized member of the Town Board shall cause a copy of this resolution to be filed with the Town
Clerk,and a copy sent to the Applicant/Owner and interested and involved agencies.
Resolution moved by Town Board Member: Councilman Odierna
Resolution seconded by Town Board Member: councilwoman Wittner •
The votes were as follows:
Supervisor Valerie M.O'Keeffe Aye
Councilwoman Phyllis Wittner Aye
Councilman Ernest C. Odierna Aye
Councilwoman Nancy Seligson Aye
Date: March 2, 2005
25 of 26
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