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HomeMy WebLinkAbout2024_01_17 Planning Board Minutes ©� 'I7,y MINUTES 2 *�, Planning Board Meeting O O. Wednesday,January 17,2024 w Senior Center- 1288 Boston Post Road, Larchmont,NY 10538 ►r- Pr. 7:30 PM FOUNDED 1661 PRESENT: Ralph Engel, Chair Edmund Papazian, Board Member Sarah Dunn, Alternate Board Member ABSENT: Elizabeth Cooney, Vice Chair Ira Block, Board Member Ron Mandel, Board Member ALSO PRESENT: Lisa Hochman, Counsel to the Planning Board Elizabeth Aitchison, Environmental Coordinator Robert Wasp, Town Engineer Anant Nambiar, Councilperson and Town Board Liaison Jami Sheeky, Planning Board Secretary CALL TO ORDER The meeting was called to order at 7:33 P.M. and Mr. Engel welcomed everyone and announced that a quorum was present. Mr. Engel further stated that there were only three Board members present, so that three affirmative votes would be necessary to approve any item. Ms. Hochman asked if all documents to be discussed this evening had been posted on the website for more than 24 hours and whether this meeting and all public hearings to be conducted tonight had been duly noticed and whether all required referrals were made. Ms. Sheeky answered yes to all. MINUTES The Board discussed the draft minutes of the December 13, 2023,meeting. Motion: To adopt the draft minutes of December 13,2023. Moved by Edmund Papazian seconded by Sarah Dunn Action: Approved unanimously Planning Board January 17, 2024 Application#1 —7 Split Tree- SAML LLC -Residential Site Plan,Wetlands & Watercourses Permit—Continuation of Public Hearing Steve Marsh, the property owner, and Benedict Salanitro,the applicant's engineer, were present to address the Board. Mr. Salanitro presented plans for the new construction of a single-family home and work within 100 feet of a wetlands buffer. Mr. Salanitro said that the application went before the Town's Coastal Zone Management Commission(CZMC), and new plans were drawn reflecting their feedback and given to staff. Mr. Engel stated that page ER-1 of the plans still shows an asphalt driveway. Mr. Salanitro stated that he is aware of the condition proposed in the draft resolution stating that the driveway shall not be constructed, replaced or reconstructed with impervious material and will update the plan to reflect a driveway made of permeable pavers. There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Sarah Dunn seconded by Edmund Papazian Action: Unanimously approved Board members discussed the draft resolutions prepared by counsel. Motion: To approve the resolution prepared by counsel for residential site plan approval Moved by Edmund Papazian seconded by Sarah Dunn Action: Unanimously approved RESOLUTION Residential Site Plan Approval 7 Split Tree Road Town of Mamaroneck,New York On motion of Edmund Papazian, seconded by Sarah Dunn,the site plan application of SAML LLC(the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck(the"Board") upon the following resolution, which was adopted by a vote of 3 to 0, with no abstentions. WHEREAS, the Applicant has applied for residential site plan approval to construct a new single- family house and a new retaining wall within the 100-foot required wetland buffer (the "Application") on property located at 7 Split Tree Road, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 3 Block 5 Lot 1057 (the "Property"); and WHEREAS, the Applicant has applied for approval of a residential site plan pursuant to Chapter 178 of the Town of Mamaroneck Code (the "Residential Site Plan Law"); and WHEREAS, the Applicant has provided all of the information required by the Residential Site Plan Law and the Application was deemed by the Board to be complete; and 2 Planning Board January 17, 2024 WHEREAS, the Secretary of the Planning Board stated for the record that all required referrals were made in accordance with §178-9 of the Residential Site Plan Law and the New York State General Municipal Law and no comments were received; and WHEREAS, the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld Engineering Division, (the "Town's Consulting Engineer")reviewed the following plans submitted in connection with this Application (hereinafter referred to as the "Plans"): • Architectural Drawings prepared by Andrew Nuzzi Architects, LLC last dated November 15th, 2023. • Survey prepared by Richard A. Spinelli, dated July 10th, 2023. • SWPPP and Erosion and Sediment Control Plan prepared by Benedict A, Salanitro, P.E., P.C., dated September 25th, 2023, and last revised December 28th, 2023. • Hydrograph Report prepared by Benedict A, Salanitro, P.E., P.C., dated December 27th, 2023. • Planting Plan prepared by Daniel Sherman, RLA, dated October 20th, 2023. WHEREAS,the Town Building Inspector,in a memorandum dated November 16,2023, stated that the Plans are compliant with Chapter 240 of the Town Code of the Town of Mamaroneck for a property in an R-20 Zoning District(the "Zoning Compliance Memo"); and WHEREAS, a duly noticed public hearing for the Application was held on December 13, 2023 and continued on January 17, 2024, concurrent with a separate application for a wetlands and watercourses permit pursuant to Chapter 114 of the Town Code; and WHEREAS,pursuant to the requirements of Chapter 234 of the Town Code,the Town's Coastal Zone Management Commission (the "CZMC") reviewed this matter at its meeting on November 27, 2023 and issued a letter to the Planning Board,dated December 19,2023,stating that the Applicant's proposal is not inconsistent with the policies of the Local Waterfront Revitalization Program (the "CZMC Letter"); and WHEREAS,based upon comments received from CZMC,the Applicant agreed to use only permeable pavers on the driveway and in the patio area, as well as an infiltration system to reduce stormwater runoff from the Property; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act,6 NYCRR§617 et seq.and§92-8.A(22)of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS,the Planning Board has considered the Application, comments and responses to questions by the Applicant and its representatives, the CZMC Letter, the Zoning Compliance Memo, the reports and comments of the Town's Consulting Engineer, and heard and considered any comments from interested members of the public; and WHEREAS, the Board finds that the Application conforms to the standards established by §178-12 of the Residential Site Plan Law. 3 Planning Board January 17, 2024 NOW, THEREFORE,BE IT RESOLVED,that the Planning Board APPROVES the Application as reflected in the hereinabove specified Plans submitted in connection with the Application, subject to the following terms and conditions: Conditions: 1. All site work shall be in accordance with the latest revised Plans, as hereinabove referenced, as conditioned and/or modified in accordance with the direction of the Planning Board, which modifications were agreed to by the Applicant. 2. The Applicant shall submit the final plans to the Town Building Inspector and the Town Engineer for review and approval prior to the granting of any building permits. 3. Any and all applicable county, state and regional permits shall be obtained prior to the issuance of any Town permits. 4. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require any modification to the site plan approved by this resolution,a determination shall be made by the Town Engineer as to whether the modification is material and thus should be further considered by the Planning Board. 5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector and the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer for approval at least seventy-two (72) hours (not including weekends and legal holidays) prior to commencing site work. The Applicant shall notify the Town Building Inspector and Town Engineer at least seventy-two (72) hours (not including weekends and legal holidays)in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impacts. o. Work conducted under Town permits shall be open to inspection at any time, including weekends and legal holidays.by the Town of 1\-lamaroneck Building inspector. the Town Engineer. the Town's Consulting Engineer. the Towns Environmental Planner and/or their desiunated representative(s). 7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a site plan signed by the Town Engineer is delivered to the Town Building Inspector. 8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of the Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior HVAC equipment and the proposed generator conform to modern industry standards for sound emission,and that best practices for sound mitigation have been implemented. 9. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Applicant shall deliver to the Town Building Department,in a form and size acceptable to the Town Engineer, on paper and digitally, an "as built" survey, signed and sealed by a New York State licensed 4 Planning Board January 17, 2024 surveyor, including, but not limited to, all constructed improvements, site utilities and stormwater management structures. 10. In accordance with Section 178-17.B of the Residential Site Plan Law,no Certificate of Occupancy or Certificate of Completion shall be issued until all of the required conditions of this approval have been met. 11. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successors or assignees in/of an ownership interest of the Property or any portion thereof. 12. All tree removal,protection and landscape plantings shall be in compliance with the approved Plans and Chapter 207 of the Town Code(Trees), to the satisfaction of the Town Environmental Planner. 13. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 14. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to pay to the Town its actual cost of technical reviews,including, without limitation, consulting fees,prior to the issuance of any Town permits. 15. If there is to be any mechanical rock removal on the Property, the Applicant shall comply with Section 106-58.1 of the Code of the Town of Mamaroneck (the Town's mechanical rock removal law) and shall provide a complete copy of the survey required by that Section to the owner(s) of the applicable surveyed lot(s) at least ten (10) days before the mechanical rock removal commences. 16.With respect to the importation of fill material and land grading,if any, at least seven(7)days prior to the importation of any such material, the Applicant shall provide the Town Engineer with the source of all such material, to the satisfaction of the Town Engineer. • Prior to the issuance of a Certificate of Occupancy or Certificate of Completion, the Applicant shall provide the Town Engineer with trucking manifests for all fill material imported to the site. • All imported fill material shall consist of natural rock or of clean soils meeting the soil constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10 technical memorandum. 17 Prior to the issuance of a building permit, and to the satisfaction of the Town Building Inspector,the Applicant shall submit revised Plans showing the driveway constructed with permeable pavers. (a) The driveway shall not be constructed, replaced or reconstructed with impervious or impermeable material. 5 Planning Board January 17, 2024 This decision is hereby certified and shall be filed with the Town Clerk. Motion: To approve the resolution prepared by counsel for the wetlands & watercourse permit Moved by Edmund Papazian seconded by Sarah Dunn Action: Unanimously approved RESOLUTION WETLANDS & WATERCOURSES PERMIT 7 Split Tree Road Town of Mamaroneck,New York On motion of Edmund Papazian, seconded by Sarah Dunn, the application of SAML LLC (the "Applicant") for approval of a wetlands and watercourses permit was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of 3 to 0, with no abstentions: WHEREAS, the property is located at 7 Split Tree Road (known on the Tax Assessment map as Section 3, Block 5, Lot 1057, and within the R-20 Residential Zoning District in the Town of Mamaroneck,New York(the "Property"); and WHEREAS, the Applicant proposes construct a new single-family house and a new retaining wall within the 100-foot required wetland buffer on the Property (the"Proposed Action"); and WHEREAS, a tributary of the Sheldrake River crosses a portion of the Property, which requires a Wetlands and Watercourses Permit from the Town of Mamaroneck, pursuant to Chapter 114 of the Town Code of the Town of Mamaroneck; and WHEREAS, the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on November 27, 2023, and issued a letter to the Planning Board, dated December 19, 2023 (the "CZMC Letter"), which stated that it found the proposed action to be not inconsistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS, the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld Engineering Division, (the "Town's Consulting Engineer")reviewed the following plans (hereinafter referred to as the "Plans"): • Architectural Drawings prepared by Andrew Nuzzi Architects, LLC, last dated November 15th, 2023. • Survey prepared by Richard A. Spinelli, dated July 10th, 2023. • SWPPP and Erosion and Sediment Control Plan prepared by Benedict A, Salanitro, P.E., P.C., dated September 25th, 2023, and last revised December 28th, 2023. • Hydrograph Report prepared by Benedict A, Salanitro, P.E., P.C., dated December 27th, 2023. • Planting Plan prepared by Daniel Sherman, RLA, dated October 20th, 2023. 6 Planning Board January 17, 2024 WHEREAS, a duly noticed public hearing for the Application was held on December 13, 2023 and continued on January 17, 2024, concurrent with a separate application for residential site plan approval pursuant to Chapter 178 of the Town Code; and WHEREAS,based upon comments received from CZMC,the Applicant agreed to use only permeable pavers on the driveway and in the patio area, as well as an infiltration system to reduce stormwater runoff from the Property; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS. in accordance with §114-7(D)of the Town Code,the Board has considered the following: I. all available reports concerning the Proposed Action from other commissions, including the CZMC, and any Town,County, State and/or Federal agencies, as well as members of the public; The Planning Board has reviewed the CZMC Letter. II. all relevant facts and circumstances pertaining to the Proposed Action,including but not limited to: a. any potential environmental impact of the Proposed Action: The Planning Board finds that there are no negative potential impacts because the project site does not contain wetland vegetation beyond the bank of the watercourse. The proposed retaining wall will be located away from the bank of the watercourse to preserve this vegetation. The project proposes to provide for the metered release of stormwater that will be collected on the subject property, which will improve water quality. h. the alternatives to the Proposed Action: The Planning Board finds that CZMC requested and the Applicant agreed to move the retaining wall further away from the bank of the watercourse to protect a cluster of trees and the natural bank of the watercourse. In addition, a stormwater management system will be installed and the Applicant agreed to use permeable pavers for the driveway. The Planning Board further finds that given the added improvements and benefits to protect the property against overland flows from adjacent properties, there are no preferable alternatives to the proposed action. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in §114-1 of the Town Code: 7 Planning Board January 17. 2024 The Planning Board finds that, despite a small increase in impervious cover, wetland function will not be impaired since the bank of the river will not be disturbed and the proposed action will provide for water quality attenuation. In addition, the use of permeable pavers on the driveway will protect the wetlands from possible contaminants carried by stormwater runoff III. The availability of preferable alternative locations for the Proposed Action on the subject parcel: The Planning Board finds that, since this project is specific to the construction of a new single-family dwelling on the subject property, there is no alternate location. The Planning Board notes that the CZMC requested, and the Applicant agreed, to move the retaining wall further away from the bank of the watercourse to protect a cluster of trees and the natural bank of the watercourse. IV. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that the Applicant has proposed appropriate technical improvements and safeguards such as the proposed improvements to the on-site drainage system, and grading improve- ments for construction. Further, temporary safeguards will be in place during construction of the project to prevent erosion of sediment onto the surrounding areas and water bodies and to protect the areas outside of the disturbed areas. In addition, the Applicant agreed to use permeable pavers for the driveway. V. the possibility of avoiding reduction of the wetlands' or watercourse's natural capacity to support desirable biological life, prevent flooding, control sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; The Planning Board finds that wetlands function will not be impacted, since the retaining wall will be located far enough away from the watercourse to protect the natural bank of the watercourse while allowing for the filling and leveling of a portion of the property. Further, the CZMC requested, and the Applicant agreed, to move this retaining wall further away from the bank of the watercourse to protect a cluster of trees and the natural bank of the watercourse.In addition, a stormwater management system will be installed and the applicant agreed to use permeable pavers for the driveway. VI. the extent to which the public or private benefit derived from such use may or may not outweigh or justify the possible degradation of the wetland or watercourse, the interference with the exercise of other property rights, and the impairment or endangerment of public health, safety or welfare: For the reasons explained herein, the Planning Board finds that there will be no degradation of wetlands, that water quality is expected to improve and, as a result, no impairment or endangerment to the public health, safety or welfare is expected. WHEREAS, the Planning Board has considered the Application and Plans; comments and responses to questions by the Applicant and its representatives; the memos, letters, reports and comments of the Town Engineer,the Town Building Inspector,the Town Environmental Planner,the Town's Consulting 8 Planning Board January 17, 2024 Engineer and the CZMC, and has heard and considered the comments of any interested members of the public. NOW, THEREFORE, BE IT RESOLVED,that the Planning Board hereby finds, pursuant to §114- 7(E)of the Town Code,based upon the record before it and after due consideration of the above criteria set forth in §114-7(D), that, with the provisos set forth in the CZMC Letter, the Applicant's proposed regulated activity is consistent with the purposes of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses Protection Law of the Town of Mamaroneck, as set forth in §114-1, and that the action to be taken will minimize all adverse effects on such policy to the maximum extent practicable: • To preserve,protect and conserve the Town's tidal and freshwater wetlands and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the natural benefits of wetlands and watercourses that is consistent with the general welfare and beneficial economic and social development of the town; and • To ensure maximum protection for wetlands and watercourses by discouraging degradation within them and within their buffers that may adversely affect these natural resources; to encourage restoration of already degraded or destroyed wetlands, watercourse and buffers; and to ensure "no net loss" of wetlands and watercourse areas. BE IT FURTHER RESOLVED, that the Planning Board GRANTS the Wetlands and Watercourses Permit as reflected in the hereinabove identified Plans submitted in connection with the Application, subject to the following terms and conditions: 1. All site work shall be in accordance with the latest revised Plans, as herein referenced, as modified in accordance with the specific conditions hereinafter set forth, which modifications were agreed to by the Applicant. 2. Any and all applicable county, state, federal and regional permits, including, but not limited to the NYSDEC Tidal Wetlands Permit, shall be obtained prior to the issuance of any Town permits, except as otherwise permitted by the Town Engineer in consultation with the Town Building Inspector and the Town Environmental Planner. 3. No certificate of completion shall be issued until all of the required conditions of this approval have been met. 4. Prior to the commencement of construction, appropriate measures shall be undertaken to control erosion and minimize water turbidity during construction, to the satisfaction of the Town Engineer and the Town Environmental Planner, as well as installation and maintenance of tree protection measures to the satisfaction of the Town Environmental Planner. 5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector, the Town Engineer and the Town Environmental Planner prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building 9 Planning Board January 17, 2024 Inspector for approval at least seventy-two (72) hours (not including weekends and legal holidays) prior to commencing site work. The Applicant shall notify the Town Building Inspector, the Town Engineer and the Town Environmental Planner at least seventy-two (72) hours (not including weekends and legal holidays) in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impacts. 6. Work conducted under Town permits shall be open to inspection at any time, including weekends and legal holidays, by the Town Building Inspector, the Town Engineer, the Town's Consulting Engineer,the Town Environmental Planner and/or their designated representative(s). 7. The Wetlands and Watercourses Permit shall expire one year from the date it is issued. 8. All permits shall be maintained and prominently displayed at the project site during the undertaking of the activities authorized by the permits. 9. Failure to comply with one or more of the conditions of this approval may result in revocation of the Wetlands and Watercourses Permit and any other related permits that the Town Engineer deems appropriate. 10. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to the estimated cost of the improvements within the wetlands buffer, as determined by the Town Engineer. This can be combined with the Erosion and Sediment Control Permit bond, in an amount determined by the Town Engineer, to ensure satisfactory completion of the project and the rehabilitation of the affected and/or disturbed areas. 11. The term "Applicant" is used herein with the intent to impose a future obligation or condition, and shall include the Applicant, as defined above, and any successors or assignees in/of ownership interests in the Property or any portion thereof. 12. With respect to the importation of fill material and land grading,if any, at least seven(7)days prior to the importation of any such material, the Applicant shall provide the Town Engineer with the source of all such material, to the satisfaction of the Town Engineer. (a) Prior to the issuance of a Certificate of Completion, the Applicant shall provide the Town Engineer with trucking manifests for all fill material imported to the site. (b) All imported fill material shall consist of natural rock or of clean soils meeting the soil constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10 technical memorandum. 13. Prior to the issuance of any Town permits, the Applicant shall obtain any and all applicable federal and state permits and authorizations. 10 Planning Board January 17, 2024 14. In accordance with Section 114-7(3) of the Town Code, the Applicant shall be required to pay to the Town its actual cost of technical reviews, including, without limitation, consulting fees, prior to the issuance of any Town permits. 15. Prior to the issuance of a building permit, and to the satisfaction of the Town Building Inspector, the Applicant shall submit revised Plans showing the driveway constructed with permeable pavers. The driveway shall not be constructed, replaced or reconstructed with impervious or impermeable material. This decision is hereby certified and shall be filed with the Town Clerk Application#2 - 2399 Boston Post Road- 2399 Boston Post Road Rlty Co. - Site Plan, Wetlands &Watercourses Permit, Special Use Permit—Consideration Janet Giris and Annie Klein, counsel, Richard Hein, architect, Brian Dempsey, DTS Provident. Jeri Barrett, R.L.A., Joshua Turner, Thomas Kohany, Paul Jaehnig, Wetlands and Soil Consultant, and Greg Katsaros, property owner,were present on behalf of the Applicant to address the Board. Ms. Girls presented plans for two (2)residential buildings with a total of thirty-six(36)units and fifty-six (56)parking spaces. Ms. Girls stated that, subsequent to the December Planning Board meeting, they have updated the application, including the completion of a shadow study. Viewsheds were also provided, with a new copy distributed at the meeting. Mr. Engel asked if the project complies with zoning, and Ms. Giris stated she communicated with the Building Inspector and her understanding is that the proposal complies with zoning. Ms. Hochman stated that a condition of approval would require that all lots would be merged prior to issuance of any building permits, to which Ms. Giris replied that the Applicant is fine with that. In addition, a letter or memorandum from the Building Inspector confirming that the project complies with zoning would be required. Mr. Engel addressed the proposed access road being built alongside the property. In the initial proposal, the hedge was on one side of the access road but, with the latest submission,the hedge had been moved to the opposite side. He asked if this was discussed with the adjacent neighbor. Mr. Barrett addressed this comment and stated that they did move the screening hedge in the latest proposal to allow the neighbor additional space on its side, although the access road and the hedge would be property of the Applicant. This has not been discussed with the neighbor. Mr. Engel asked who would own the access road, to which Ms. Giris replied that it would be and remain part of the Applicant's property, and the Town would be granted an easement to access it. Mr. Engel asked who would maintain the access road, and Ms. Giris said the Applicant would maintain it. Mr. Engel asked if Ms. Giris had seen the recent email from Mr. Polcari, the Town Building Inspector, regarding the proposed amenity building. Ms. Giris said she had received the 11 Planning Board January 17. 2024 memo, and that the amenity building is intended to remain private and for residents only, and she would respond to Mr. Polcari via email prior to the next meeting. Mr. Engel pointed out that sheet A5 on the plans referring to the amenity building having a café. Ms. Giris clarified that there would be no café,but that there may be a coffee station for residents. Mr. Engel then referred to sheet A15, naming two (2)party rooms and a deck, and stated that he understood that the entire accessory building should be part of the FAR calculation and the required parking calculation. Ms. Girls stated that, typically, an amenity building would count for FAR and not as to required parking. She also stated that the required parking is fifty-one (51) spaces,but that their plans called for fifty-six (56). Mr. Engel stated that a party room would involve guests and that the terrace adjacent to one party room would be right under neighbors' windows, so that there would need to be restrictions placed on hours of use and illumination. Ms. Giris stated that the Applicant would propose a plan for both with the next submission. Mr. Engel asked if the Applicant received the memo from Mr. Oliveri, the Town's Consulting Engineer. Ms. Giris said she had received it'just a few days prior to the meeting and did not have the opportunity to respond yet. Mr. Engel asked if the Wetlands report was still being worked on. The Applicant replied that it was. Mr. Engel asked how the proposed landscaping might affect the neighbors. Mr. Barrett stated that,based on feedback given at the previous meeting, they have updated the planting plan. The purpose is to frame and soften the view as compared to what the neighbors are now looking at, the degraded wetlands and parking lot. Mr. Papazian raised concerns about the view of a wall and shadows cast onto a commercial neighboring property's parking lot. Ms. Giris referred to the shadow study and stated the buildings and the hedges would not create a shadow that would extend onto any neighbor's property. Mr. Barrett further discussed the plantings, including an immediate screening hedge that would be planted at 8-12 feet and would be maintained at 14-15 ft. once it grows, providing a filtered view even when the leaves drop. It would be seen only from the secondary views from the surrounding homes, as their primary views are of the wetlands and do not face that direction. Mr. Papazian asked what the initial height would be, and Mr. Barrett confirmed that it would be 8-12 feet. Mr. Engel inquired about the use of holly hedges, to which Mr. Barrett replied that they would be eaten by deer. Mr. Papazian raised concerns about traffic accessing the Boston Post Road and requested that the application be referred to the Town Traffic Committee. Mr. Engel asked where the entrances to the garages would be, to which Mr. Dempsey stated the entrances are behind the buildings. Mr. Dempsey also pointed out that the Applicant would be reducing the four(4) existing driveways to one(1) with this new proposal. He also stated that they received traffic data from the DOT and that there were no recorded accidents due to the existing driveways, although there were seven(7) accidents at Deane Place. Ms. Giris commented that they would be eliminating three driveways and all access to and from Deane Place. 12 Planning Board January 17, 2024 Ms. Dunn inquired about left turns out of the proposed driveway and stated that none of the businesses on that side of the Boston Post Road allowed left turns. Mr. Dempsey stated that such a restriction might encourage cars to just go onto Deane place to make a U-turn and then make a left turn from there. Ms. Dunn questioned whether a left turn from Deane Place was presently permissible, and raised concerns about drivers making left turns out of the building across multiple lanes of traffic. Mr. Papazian stated the board is trying to foresee and to prevent potential accidents, and asked Mr. Dempsey if, in his opinion, there is a need to prohibit left turns out the proposed, new driveway. Mr. Dempsey replied that, in his opinion, there is no need to prohibit such left turns, and that the NYS DOT will decide what, if anything,has to be prohibited. Mr. Engel stated that the Town Traffic Committee should also specifically review this question. Mr. Wasp stated that NYS is going to perform a study on the Boston Post Road within the next few years and may provide feedback, and that the repaving of the Boston Post Road in the vicinity of the proposed project within the next years has been proposed. Ms. Giris stated that the Applicant's new submission includes plans for four parking spaces with EV chargers. Mr. Engel asked if the charging would be free or charged to the user; Ms. Giris replied they would most likely be charged to the user. Ms. Dunn asked if the Applicant anticipated assigning parking spaces to residents. Ms. Giris stated that the required number of parking spaces is fifty-one(51),but they are proposing fifty- six (56), and she thinks the EV spaces will be used just while charging the car. Mr. Engel asked where the residents who had used the EV-charger-equipped spaces would park once their cars had charged, and whether the chargers would be high speed chargers. Ms. Giris said they would continue to iron out those details regarding how/whether resident parking spaces would be assigned and distinguished from guest parking. Mr. Engel stated that the parking figures shown were incorrect,based on the feedback from Mr. Polcari, as they omitted the amenity building. Ms. Giris stated that she would follow up with the Building Inspector about those numbers. Ms. Giris discussed the school study provided by the Applicant and stated that the report reflects 4-6 students being added to the school system. Mr. Engel said the closest comparable he could find in the area was The Cambium, and that the Applicant's submitted report shows the Cambium with 20 students registered who reside in that building, whereas the Board of Education reports 33. The Applicant stated that its report reflects numbers from a FOIL request as to the number of students in prior years, made through the school district. Mr. Engel stated that his understanding is that the Town would tax the project as if it were an apartment building, whether or not it is a rental, and that the figures presented by the Applicant as to projected tax revenue if the building is a condominium, showing a substantial "profit"to the school system, do not take that into account. Ms. Giris said that the Applicant would follow up and rework the figures. Mr. Papazian asked if the study was solely based on the Town of Mamaroneck, or whether it included other districts. The applicant said the FOIL request was for the Town of 13 Planning Board January 17, 2024 Mamaroneck only. Ms. Dunn asked if the development would be condos or rentals and Ms. Giris said it was undecided. Mr. Engel raised the question of pollution based on a spill from a gas station in past years. He stated the study included in the submission was thirteen (13) years old and the test pits may not have been dug close enough to the site. He asked for updated documentation to make it clear. Ms. Giris said that a spill number was assigned and closed and that if something was discovered during demolition and construction, it would be addressed at that time. Mr. Wasp stated that this was a comment made on the Consulting Engineers memo and the applicant should prepare excavation protocol and a plan. Ms. Giris stated that their Engineer would provide that plan. Mr. Papazian suggested considering environmental insurance. Mr. Engel referred to sheet A5 and stated that a proposed sculpture would extend over the easement. Mr. Hein, the Architect, stated that he would adjust to avoid the easement. Mr. Engel referred to sheet A6 and said that one of the proposed buildings showed a rear entrance and the other did not, and Mr. Hein said they would make the correction. Mr. Engel asked if the pavers between the buildings would be pervious, and Mr. Hein said they would work with the Engineer on that. The Engineer said they would then submit updated calculations. Mr. Engel called out a discrepancy between sheet A6 and Al 5 with a café designation. Mr. Hein stated this was an error and he would revise the tags. Mr. Engel asked about the usage of the basement in the accessory building and Mr. Hein stated that it would be storage and mechanical only with no functional use. Mr. Engel stated that the applicant should respond to Mr. Polcari and Mr. Oliveri's memos in addition to submitting the final Wetlands Report for their next submission and Ms. Hochman referred to chapter 114-7. Ms. Giris stated that they are looking for referrals to be made. Ms. Giris asked if they were ready for a public hearing to which Mr. Engel responded no. Mr. Wasp said the Town Engineering Department sent out a list of comments requiring a response. Mr. Wasp said one of the questions on the list which maybe could be addressed during this conversation is whether the parcels are contiguous. The plans show a discrepancy in the property line at the southwest corner. Ms. Hochman asked if this strip of land belongs to the Town. The representative of Hudson Engineering said he would review and reply. Jay Rubin of 17 Deane Place asked the Planning Board how an application that included two (2) lots in the R-6 zone could be considered zoning compliant. Ms. Giris stated that the structures are in the SB-R district and only parking falls into R-6. Mr. Rubin asked if a 14 Planning Board January 17, 2024 variance is necessary for parking, to which Ms. Hochman replied that the Building Inspector informed her that no variance is required,based on the location of the buildings and parking with respect to the zoning boundary line. OTHER BUSINESS Board members discussed proposed revisions to Chapter 177 of the Town Code(Site Plan Review) prepared by the Town Attorney,William Maker, with input from Ms. Hochman, Town staff and Mr. Engel. Motion: To have Counsel send an email to William Maker with the latest clean version Moved by Edmund Papazian seconded by Sarah Dunn Action: Unanimously approved Motion: To adjourn the meeting at 9:10 P.M. Moved by Edmund Papazian seconded by Sarah Dunn Action: Unanimously approved Minutes prep red by J Jami Sheeky Planning Board Secretary 15