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HomeMy WebLinkAbout2025_04_02 Town Board Minutes o _ ��9_1_ Town of Mamaroneck // Town Board Minutes m Wednesday, April 2, 2025, Courtroom, Second Floor of Town n Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilmember Jeffery L. King, Councilmember Robin Nichinsky, Councilmember Anant Nambiar, Councilmember ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller Robert P. Wasp, Town Engineer Marc Romero, Assistant to the Town Administrator Christine Canavan, Assistant to the Town Administrator 5:00 PM THE TOWN BOARD WORK SESSION The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney. Moved by Councilmember Nichinsky, seconded by Councilmember Nambiar, the Work Session unanimously opened at 5:02 p.m. WORK SESSION ITEMS 1. Discussion - Retainer Agreement for Labor & Employment Law Services Administrator Robson proposed that the Town Board consider renewing the engagement of Lars Mead, Partner at Coughlin & Gerhart, LLP, as special legal counsel for labor and employment matters. The firm's hourly rates have increased by $10 compared to 2024, with future increases capped at 5% annually unless approved by the Town. Services will continue to be provided on an as-needed basis, with monthly invoices. If retained, the updated fees apply from April 1 , 2025, to December 31, 2025, with authority requested to extend the agreement through annual reviews until December 31, 2026. 2. Discussion - Employee Assistance Program (EAP) Agreement - 2025-2029 Administrator Robson presented the Town Board with the proposed Westchester County Employee Assistance Program (EAP) Agreement, covering March 10, 2025, to December 31 , 2029. The EAP provides preventive, rehabilitative, and treatment services for mental health, developmental disabilities, and substance use disorders. Councilmember King joined the meeting at 5:05pm. The annual cost is $45 per full-time employee, totaling $5,760 based on the current headcount of 128. For 2025, the prorated cost from March 10 is $4,800, with no lapse in coverage before the effective date. Fees for 2026-2029 will depend on the annual Town Board April 2, 2025 employee headcount. The Town has been participating in the EAP for over 19 years and has been highly satisfied with its services. 3. Discussion - 2025 Operating Budget Amendments Comptroller Yogman proposed four 2025 operating budget amendments for Town Board approval. These include carrying over grant funds received in 2024 from the NYSERDA Grant program to support the Town's submission for Silver Climate Smart Communities certification in 2025. Additionally, contingency funds would be reallocated to cover the costs of a newly hired communications consultant. For the Highway Department, consulting funds originally budgeted for 2025 would be transferred to part-time wages to compensate the retired fleet manager, Mike Pinto, who is assisting during the transition period. Lastly, the $74,999 Local Government Records Management Improvement Fund grant, awarded in 2024, would be carried forward to 2025 to fund the scanning and archiving of records for the Engineering and Zoning Departments. 4. Discussion - 2024 Budget Report Comptroller Yogman presented a comprehensive overview of the Town's 2024 Operating Budget, detailing four key amendments. These included rolling forward grant budgets from the previous year, allocating an additional $10,500 for communications and PR services, and transferring funds for a consultant to part-time status. The financial landscape revealed a robust performance, with budgeted revenues of $49.6 million expanding to $54.2 million, representing a 10% increase. Expenses slightly exceeded projections, reaching $53.9 million against a $53.4 million budget. Notably, capital projects came in over budget, with actual spending of $4.4 million compared to the planned $2.1 million. The Town added $296,000 to its fund balance, bringing the unassigned fund balance to a projected $22.6 million. This represents approximately 38.7% of total expenses (or 35.8% by Moody's calculation), a figure Comptroller Yogman emphasized as crucial for maintaining financial stability, cash flow, and emergency preparedness. The Comptroller's presentation highlighted the Town's careful financial management, with revenues and expenses coming remarkably close to balanced, demonstrating fiscal prudence and strategic budgeting. During the discussion on fund balance and cash flow, the Town Board explored the complexities of municipal financial timing. Mr. Thomas Smith from EFPR explained that towns and school districts often face cash flow challenges because they collect taxes once a year but have ongoing expenses throughout the year. School districts, for example, typically run from July 1 to June 30 and start receiving taxes in October, necessitating Tax Anticipation Notes (TANs) to cover initial expenses. The conversation progressed on how the Town needs sufficient fund balance to cover the first four months of the year before tax collection. Councilmember Fiddelman emphasized that fund balance serves multiple purposes: covering initial cash flow needs and maintaining a "rainy day" reserve for emergencies. Councilmember Nichinsky and Administrator Robson discussed how towns manage this financial gap, with Mr. Smith noting that without adequate fund balance, municipalities might need to take out TANs at 5-7% interest rates. This would cost an additional $200,000 in interest expenses. The Board acknowledged that the fund balance is not just about covering initial expenses but also provides a buffer for unexpected situations. The Board recognized that as expenses increase over time, maintaining an appropriate fund balance becomes increasingly challenging. The discussion highlighted the delicate balance Town Board April 2, 2025 between managing current expenses and maintaining financial flexibility for the Town's future needs. 5. Discussion - 2024 Town Justice Court Audit Mr. Smith presented a brief overview of the Town Justice Court audit. Mr. Smith reported a clean, unmodified opinion on the Court's records, indicating that all documentation was properly backed up. The audit revealed that the Court had cash receipts from bail and fines, with cash disbursements to the Town and refunded bail. At year-end, the Court was holding approximately $17,000. The last page of the report showed a breakdown of the funds collected in January, with a $4,000 payment to New York State. Mr. Smith noted that all financial reporting was tied out correctly and was properly substantiated. He characterized the Town Justice Court audit as "nice, clean, simple, and easy." Councilmember Fiddelman raised a question about whether the judges had reviewed and signed the report, to which it was indicated that the reports would first be finalized and reviewed by Comptroller Yogman before being sent to the justices. 6. Discussion - 2024 Financial Audit by EFPR Group Mr. Smith delivered a comprehensive financial audit presentation, highlighting the Town's transition to an Annual Comprehensive Financial Report (ACFR) that provides more detailed schedules, comparisons, and statistical information spanning a decade. The audit revealed a total net position of $52.8 million, an $8.2 million increase, which included a significant $17.9 million liability from the Westchester Joint Water Works settlement. The fund balance analysis showed $28 million in restricted/non- expendable funds and $24.8 million available for spending, with a notable trend of expenses growing from $44 million in 2015 to $61 .3 million in 2024. Mr. Smith emphasized the audit's clean, unmodified opinion, indicating no significant compliance issues. The detailed report included 10-year comparisons of revenues, expenses, and fund balances, offering unprecedented transparency into the Town's financial health. During the presentation, Town Board members engaged in a robust discussion, probing the historical trends of fund balances, exploring the challenges of rising expenses, and examining the complexities of health insurance and pension liabilities. Council members expressed appreciation for the new reporting format, which provides a more comprehensive and accessible view of the Town's financial landscape. Mr. Smith's presentation underscored the Town's commitment to fiscal responsibility and financial transparency. See Attachment A. Mr. Smith provided the attached Town of Mamaroneck Audit Summary, which would be distributed at the Regular Meeting. 7. Discussion - Updated EV Charging Station Proposals - NYPA DCFC Level Ill Site & Revised Level II Charging Stations for Westchester County Municipal Infrastructure Improvement Initiative ("MI3") The Town Board reviewed plans for installing and locating Level II and Level III EV charging stations. Supervisor Elkind Eney highlighted the lack of charging options for apartment dwellers, while Town Engineer Robert Wasp shared usage data showing Level II chargers generated $14,300 in gross revenue and $967 in annual net income across 8 ports. Councilmember King proposed relocating Level II chargers from the Lower- Level Parking Lot B to Upper-Level Lot B or Lot A to make room for a Level III DC fast charging station funded and operated by NYPA's Electrify America program, pending Town Board April 2, 2025 feasibility approval. Wasp noted the Town applied for Con Edison and County-funded Level II chargers in Lot D and Lot A-Extension, with higher-amperage Chargepoint chargers specified due to federal rebate changes, all at no cost to the Town. Councilmembers Fiddelman and Nambiar questioned whether Level III chargers would primarily benefit residents lacking home chargers or attract highway traffic, potentially increasing congestion. See Attachment B. Mark Manley urged swift action to secure incentives before they change, as the Board worked to balance community needs, traffic considerations, and cost-efficient development. Final decisions will await further details at the next meeting, to include the opportunity of moving Level II chargers to either the Upper Level of Lot B, or elsewhere. 8. Request for Executive Session Moved by Councilmember Nambiar, seconded by Councilmember Nichinsky, the Town Board agreed to enter into Executive Session to discuss the proposed acquisition, sale, or lease of real property and the employment history of a particular person or persons. Carried Moved by Councilmember Fiddelman, seconded by Councilmember King, the Town Board unanimously agreed to resume the Regular Meeting. Carried 9. Updates — MOVED AFTER THE REGULAR MEETING. 10. Changes to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER The Regular Meeting of the Town Board was called to order by Town Supervisor Elkind Eney at 8:08 p.m. The Town Supervisor noted that the Town Board met for a Work Session beginning at 5:00 p.m. this evening, which was open to the public. STAFF COMMENTS/ PRESENTATIONS 1. Flood Mitigation Update See Attachment C. The Town presented a comprehensive update on its stormwater management efforts, highlighting a detailed drainage evaluation that encompasses 13 sub-basins with an estimated total project cost of $60 million. Town Engineer Robert Wasp, and Jim Moran and Sean Peters, both Consultant Engineers from H2M, updated those in attendance on the progress made, including system mapping, CCTV inspections, and the removal of 51 tons of debris from storm sewers. The Town is taking a strategic approach by focusing on five initial projects: three in final design stages (Fenimore Road Culvert, 7 Country Road, and Old White Plains Road) and two in design development (Colonial Avenue/Homer Avenue/Glenn Road/Echo Lane/Maplewood Street and Cabot Road/Myrtle Boulevard). During the presentation, the engineers addressed numerous community questions about project selection, storm design capacity, and future maintenance. They explained that projects were chosen based on priority, feasibility, and potential Town Board April 2, 2025 community impact, with a 25-year storm design chosen for its cost-effectiveness and significant improvement over existing infrastructure. The Town acknowledged the need to eventually address all 13 identified basins, with a commitment to ongoing assessment and pursuing potential grant funding opportunities. Residents raised concerns about the scope and implementation of the projects, including questions about maintenance, new development integration, and the potential impact on neighboring properties. The Town's representatives emphasized their proactive approach, highlighting upgraded maintenance equipment, including a new in-house sewer camera inspection unit, and existing regulations that require new developments to better manage stormwater runoff. The presentation underscored the complex, multi-year nature of addressing the Town's stormwater management, with a clear commitment to transparent communication and a gradual but continued commitment to improvement of the Town's stormwater management infrastructure. 2. Financial Audit Presentation Thomas Smith from EFPR Group presented the Town's financial audit for the year ending December 31, 2024, delivering a comprehensive and positive assessment of Mamaroneck's financial health. The audit resulted in clean, unmodified opinions across all financial statements, including a new Annual Comprehensive Financial Report that provides more detailed and comparative financial information. Mr. Smith highlighted the Town's total fund balance of $19.7 million, which increased by approximately $600,000, with the general fund balance growing by $78,000 due to expenses running under budget by $1.2 million and revenue exceeding expectations of $258,000, primarily from real property tax collections. The audit revealed some significant financial nuances, including a notable $11.5 million decrease in net position, attributed to a liability for the Westchester Joint Water Work's Rye Lake Filtration Plant. Despite this adjustment, the overall financial picture remained strong. Mr. Smith specifically commended Town Comptroller Tracy Yogman and her team for their exceptional work in preparing for the detailed 130-page financial report with remarkable efficiency, noting that the audit process was smooth and required minimal corrections. Mr. Smith's presentation underscored the Town's commitment to financial transparency and responsible fiscal management. The audit found no compliance violations and provided a clean review of federal funds, including the American Rescue Plan Act money. Mr. Smith's report not only validated the Town's financial practices but also provided a comprehensive overview of the municipality's financial position, demonstrating prudent budgeting, careful expense management, and a proactive approach to financial reporting and planning. Mr. Smith briefly mentioned the Justice Court audit, stating that it also received a clean, unmodified opinion. He confirmed that all information was factually based, and the records were properly backed up. The audit found no issues with the Town Justice Court department's financial reporting and record-keeping, essentially affirming the Justice Court's sound financial practices and compliance with audit standards. SUPERVISOR'S REPORT Welcome to the April 2, 2025, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room A, starting at 5:00pm, which was open to the Public. The NYS Public Service Commission is reviewing ConEd's proposed rate hikes which, if approved, will increase residential customer bills by an average of 11.4% for electricity and 13.3% for gas by 2026. The NYS PSC is now accepting public comments. Your input about these proposed electric and gas delivery price hikes is critical and will be considered by the Town Board April 2, 2025 NYSPSC before making any final decisions. Please go to the Town Website to learn how you can participate and ensure that your voice is heard: News Flash • Proposed Con Ed Rate Hikes -- Here's How to Ens On March 27, I attended a Mamaroneck Chamber of Commerce Meeting which highlighted Women in Business. The event, held at a women-owned distillery in Mamaroneck, showcased the quantity, quality, and breadth of women-owned businesses in the community. It was a fitting end to Woman's History Month. On March 29, we all marched in the 13th Annual Sound Shore St. Patrick's Day Parade. Unlike previous years, the weather was beautiful and balmy. The parade was marked by enthusiastic marchers and spectators, with a special tribute to 9/11 first responders. The parade's Grand Marshal, Matt McCauley, was recognized for his tireless advocacy for 9/11 first responders and their families. On March 30, I was honored to attend with Councilmember Nambiar the Inauguration of Ken Jenkins as the 10th Westchester County Executive. It was a star-studded affair with Governor Hochul, State Comptroller Tom DiNapoli, Senator Schumer, Congressman Latimer, and others in attendance. We are looking forward to working with Ken—he truly cares about making life better for all of the people of Westchester. Sunday, April 6th: Skate with the Easter Bunny, 11 :30am — 3pm Saturday, April 26th: Annual Town Spring Cleanup, 10am — 12pm (Leatherstocking Trail), request pre-registration, sodierna@townofmamaroneckny.gov or can show up day of Earth Day Celebration, 1pm —4pm (Constitution Park) LEC/Collabs/SW. Details on our FaceBook pages. Sunday, April 27th: 5K Run & Lil' Bunny Hop, 8:30 or 9am Start Time, register on Rec page of website or at https://runsignup.com/Race/NY/Larchmont/5KRunLilBunnyHop The Town Supervisor concluded by noting that upcoming Recreation and Environmental events would be presented later in the meeting, by other Councilmembers King and Nichinsky. PUBLIC HEARING(S) 1. Public Hearing -"Prohibition against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" law. The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, April 2, 2025, at 8:00 PM or as soon thereafter as is possible, to consider the "Prohibition against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles" law at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The Town Board finds that parking gas-powered motor vehicles at parking spaces with charging stations designed to recharge electric vehicles defeats the purpose for such parking spaces. Therefore, the Town Board hereby outlaws the parking of gas- powered motor vehicles at parking spaces designated for the parking electric vehicles. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org. Town Board April 2, 2025 The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.gov/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: March 25, 2025 Attorney Maker explained that the proposed law addresses a current gap in Town regulations: gas-powered vehicles have been parked in electric vehicle charging stations, preventing electric vehicle owners from charging their cars. Until now, there has been no legal prohibition against this practice. The proposed law would make it illegal for any vehicle powered exclusively by gasoline or diesel to park in spaces designated for electric vehicle charging. The law includes a $50 fine for violations, with the intent of ensuring that electric vehicle charging stations remain accessible to their intended users. Moved by Councilmember King, seconded by Councilmember Fiddelman Moved by Councilmember King, seconded by Councilmember Fiddelman, the Public Hearing was unanimously opened. Carried Councilmember King emphasized that the Town Board had discussed this law extensively in work sessions and revised it accordingly. Councilmember King believes this law meets the community's needs by balancing accessibility and preventing unauthorized use of EV charging stations. Councilmember King strongly encouraged electric vehicle owners to utilize the charging stations the Town has provided, viewing the law as an important step in supporting EV infrastructure and usage. Councilmember Nambiar added that the Board considered different fine amounts for this law, ultimately deciding on a $50 fine instead of a potential $100 fine. Councilmember Nambiar suggested that while $100 was an option (similar to what is charged if someone illegally parks in a handicap space), the Town Board felt this violation did not warrant such a high penalty. The $50 fine was deemed more appropriate for the current situation. Mr. Gottfried added that he thinks this is a tremendous step forward in encouraging the conversion from gas or diesel to electric vehicles. He wanted to go on record expressing his support for the law and stated he was thrilled about the deliberations he heard in the work sessions. Mr. Gottfried also suggested this could be a model for the Village of Larchmont and expressed enthusiasm about the Town's leadership in this area. Mark Kramer requested that the Board share with the public where these charging stations are. The Board responded by listing four locations, each having two charging stations, allowing for a total of eight charging spots: • Just outside of parking Lot B on Myrtle Boulevard. • Town Center • Hommocks Ice Rink • Near the Tennis Courts on Baldwin The Town Supervisor also mentioned the Board are contemplating adding more charging stations, potentially in the Washington Square area, to accommodate apartment residents who may not have garage charging options. Moved by Councilmember King, seconded by Councilmember Fiddelman, the Public Hearing was unanimously closed. Town Board April 2, 2025 Carried Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, the "Prohibition against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles"law was approved as follows: Local Law No. 1 - 2025 This local law shall be known as the "Prohibition against Parking Gas-Powered Motor Vehicles at Parking Spaces Designated Exclusively for Parking Electric Vehicles"law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The Town Board finds that parking gas-powered motor vehicles at parking spaces with charging stations designed to recharge electric vehicles defeats the purpose for such parking spaces. Therefore, the Town Board hereby outlaws the parking of gas-powered motor vehicles at parking spaces designated for the parking of electric vehicles. Section 2- Amendment of a current section of the Mamaroneck Code: Section 219-40 of the Code of the Town of Mamaroneck hereby is amended by a new paragraph E thereto. § 219-40 Parking for electric vehicles only. E. No person shall park a motor vehicle powered exclusively by gasoline or diesel fuel at a parking space designated by the Town Administrator for the parking of electric powered vehicles. Section 3- Amendment of a current section of the Mamaroneck Code: Section 219-88 A. of the Code of the Town of Mamaroneck hereby is amended by adding the following entry thereto: § 219-88 Penalties for offenses. A. Fines for violating the sections of this chapter listed below are: Infraction Fine Code Parking gas- or diesel-powered motor vehicle at parking space for electric vehicles $50 §219-40 Section 4- Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5- Effective Date: Town Board April 2, 2025 This Local Law shall become effective upon filing with the Secretary of State. Carried Next, the Town Supervisor held up a flyer about the gas-powered leaf blower ban in the Town of Mamaroneck. Supervisor Elkind Eney emphasized that the ban is now in effect, and both residents and their landscapers can be fined for using gas-powered leaf blowers. Councilmember Fiddelman encouraged residents to discuss the ban with their landscapers to ensure compliance with the new regulation. 2. Public Hearing - "Regulation of Solar Energy" law The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, April 2, 2025, at 8:00 PM or as soon thereafter as is possible, to consider the "Regulation of Solar Energy" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The Town wishes to encourage the forms of energy that do not or minimize the use of fossil fuels. One such form is a system that converts sunlight into energy. Although the Town Board encourages the use of solar energy systems, it finds that regulating the construction and location of solar energy systems is important so that the installation of such systems will not have an unduly negative impact on the character of the Town. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.gov/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: March 19, 2025 Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Public Hearing was unanimously opened. Carried Attorney Maker introduced the proposed solar energy law for consideration as a possible addition to the Town's code, which previously had no specific regulations for solar energy installations. The law provides guidance for the Building Inspector, Planning Board, and variance appeals regarding solar energy systems. It covers four types of solar energy producers, with the most common being roof-mounted solar panels on residential homes. The law outlines different requirements based on the scale of the solar installation: • Smaller systems (similar in size to an air conditioning unit) would require only a building permit • Larger systems would require Planning Board review • Ground-mounted systems would be limited to specific areas like recreation zones, Town properties, apartment buildings, and certain commercial districts Town Board April 2, 2025 The process would vary depending on the size and complexity of the solar installation, with simpler rooftop residential systems having the least regulatory burden. More complex installations would require environmental and site plan reviews to ensure proper placement and minimal impact on surrounding properties. Attorney Maker noted several additional items for the record: • Environmental Assessment Form: Prepared by staff and approved by the Town Board in a previous meeting. (See Attachment D.) • The letters that Attorney Maker sent to the neighboring communities of New Rochelle, Larchmont, Scarsdale, Harrison, Bronxville, and other contiguous communities about the proposed solar energy law. (See Attachment E.) • Westchester County Planning Board Response: The County responded favorably to the proposed law. (See Attachment F.) • Coastal Zone Management Commission (CZMC) has also commented on the law, with a letter dated April 1 , 2025. The CZMC provided some suggestions for potential future modifications to the law. (See Attachment G.) • Planning Board Comments: Ralph Engel from the Planning Board submitted comments suggesting minor clarifications and language improvements. (See Attachment H.) Attorney Maker emphasized that these comments would not significantly change the law's intent, so the Board is committed to reviewing and potentially incorporating these suggestions in possible future modifications of this law. Roger Weiss approached the podium to express his concerns about the proposed solar energy law. While the law purported to encourage solar energy use, Mr. Weiss argued that its regulatory requirements appeared overly complex and potentially burdensome. Mr. Weiss questioned the financial impact these regulations might impose on solar system installations and sought clarity on the law's origins, suggesting it seemed disconnected from the Town's actual solar energy landscape. Mr. Weiss highlighted that the town currently has no large-scale solar fields, making the extensive regulatory framework seem unnecessary and potentially counterproductive. Mr. Weiss was particularly critical of what he perceived as unnecessary bureaucratic obstacles that could discourage rather than facilitate solar energy adoption. His primary concern was that the proposed law created more barriers than opportunities, potentially adding significant financial and administrative burdens to residents and organizations wanting to install solar systems. Throughout his comments, Mr. Weiss challenged the Town Board to justify the need for such comprehensive regulations and passing a law at this moment without further review and refinement. Mr. Weiss suggested it was "regulatory overkill" that could potentially impede the very solar energy expansion the law claimed to support. His remarks emphasized a desire for a more streamlined, cost-effective approach to encouraging solar energy installations in the community and he suggested that the Town Board revise the law before proceeding. Attorney Maker defended the proposed solar energy law by emphasizing the importance of municipal due diligence, particularly for larger solar installations. Attorney Maker explained that the law provides a framework to prevent potential nuisances and ensure proper placement of solar systems, such as preventing installations too close to neighboring properties. While acknowledging that most installations would likely be simple rooftop systems requiring only a building permit, Attorney Maker argued that the proposed law would allow the Planning Board to guide more complex projects to more suitable locations. Attorney Maker stressed that the regulations are proactive, designed to address potential issues before they arise. He noted that without such guidelines, solar installations could be placed in problematic locations that might negatively impact Town Board April 2, 2025 neighboring properties. Attorney Maker suggested that the proposed local law would give the Building Inspector and Planning Board clear guidance to evaluate solar panel installations, protecting residents' property interests while still encouraging solar energy adoption. The Town Supervisor further supported Attorney Maker's statement, noting that proactive regulation is necessary for new technologies, drawing a parallel to the recently passed EV charging station law. The Town Supervisor emphasized that the Town aims to be forward-thinking, creating regulations that can prevent potential conflicts and ensure responsible implementation of solar energy systems. Mr. Weiss then expressed concerns that the proposed local law was not properly prepared and reviewed. He suggested the law puts an undue financial burden on people in the Town. When the Town Supervisor interjected that the Town Board can adjust the law at a later time, if unintended consequences arise, Mr. Weiss seemed skeptical, interpreting the response as "this is a done deal." Mr. Weiss apologized for being critical but maintained his view that the law was not well-prepared and would create unnecessary financial challenges for residents seeking to install solar energy systems. Gordon Oppenheimer rose to address the Town Board next. Mr. Oppenheimer, at 50 Howell Avenue, asked a specific question about the solar energy law's requirements. Mr. Oppenheimer wanted to clarify if he would need to go to the Planning Board before getting a building permit for his solar installation. Attorney Maker assured him that for a rooftop installation on a single-family home (Tier One), Mr. Oppenheimer would only need to obtain a building permit. Mr. Oppenheimer was specifically interested in his current situation, where he is adding a building adjacent to his current building and wants to install solar tubing on the roof facing south. Attorney Maker confirmed he would simply need to go to the Building Department and get a building permit and he would be exempt from site plan review. There were no further public comments on the proposed solar energy law. Moved by Councilmember King, seconded by Councilmember Nambiar, the Public Hearing was unanimously closed. Carried Moved by Councilmember Fiddelman, seconded by Councilmember King, it was RESOLVED that the Mamaroneck Town Board finds that the adoption of the proposed local law, the implementation of which as proposed, is determined to be a Type I Action however, based on the analysis of the Environmental Assessment Form, there will be no significant adverse impact on the environment within the meaning of the New York State Environment Quality Review Act(SEQRA) and requires no further action. Carried Moved by Councilmember Nambiar, seconded by Councilmember Nichinsky, the "Regulation of Solar Energy"law was approved as follows: Local Law No. 2 - 2025 This local law shall be known as the "Regulation of Solar Energy"law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 — Purpose: The Town wishes to encourage the forms of energy that do not or minimize the use of fossil fuels. One such form is a system that converts sunlight into energy. Although the Town Board encourages the use of solar energy systems, Town Board April 2, 2025 it finds that regulating the construction and location of solar energy systems is important so that the installation of such systems will not have an unduly negative impact on the character of the Town. Section 2 -Adoption of a new Chapter of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended by creating a new chapter that provides as follows: Chapter 181 Solar Energy § 181-1 Authority. This local law is adopted pursuant to sections 261-263 of the Town Law and section 20 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Town law of the State of New York, to make provision, so far as conditions may permit, for the accommodation of solar energy systems (defined below) and equipment and access to sunlight necessary therefor. § 181-2 Purpose. This chapter is adopted for two purposes. First, to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives: 1. To take advantage of sunlight, a safe, abundant, renewable and non- polluting energy resource, 2. To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses, 3. To increase employment and business development in the Town, to the extent reasonably practical, by furthering the installation of solar energy systems, 4. To mitigate the impacts of solar energy systems on environmental resources such as trees, wetlands, wildlife, and other protected resources, and 5. To create synergy between the use of solar energy and other goals of the Town's Comprehensive Plan adopted on May 22, 2024, and Second, regulate the construction and location of solar energy systems so that the installation of such systems will not have an unduly negative impact on the character of the Town. § 181-3 Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context otherwise requires: BATTERY ENERGY STORAGE SYSTEM One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. A stand-alone 12-volt car battery or an electric motor vehicle shall not be deemed Battery Energy Storage Systems. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM A combination of Solar Panels and Solar Energy Equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for onsite consumption. FACILITY AREA The cumulative land area occupied for the operation of a solar energy generating facility. This shall include all areas and equipment within the facility area's perimeter boundary- including the solar energy system, onsite interconnection equipment, onsite electrical energy storage equipment, and any Town Board April 2, 2025 other associated equipment- as well as any site improvements beyond the facility area's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features. GLARE The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respect. GROUND-MOUNTED SOLAR ENERGY SYSTEM A solar energy system which is secured to the ground via a pole, ballast system, or other mounting system, is detached from any other structure, and generates electricity for onsite or offsite consumption. KILOWATT(kW) A unit of power equal to 1,000 watts. The nameplate capacity of residential and commercial solar energy systems may be described in terms of kW. MEGAWATT(MW) A unit of power equal to 1,000 kW. The nameplate capacity of larger solar energy systems may be described in terms of MW. NAMEPLATE CAPACITY A solar energy system's maximum electric power output under optimal operating conditions. Nameplate Capacity may be expressed in terms of Alternating Current(AC) or Direct Current(DC). NATIVE PERENNIAL VEGETATION Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the NYS Department of Environmental Conservation. POLLINATOR Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects. ROOF-MOUNTED SOLAR ENERGY SYSTEM A solar energy system located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption. SOLAR ACCESS Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties. SOLAR ENERGY EQUIPMENT Electrical material, hardware, inverters, conduit, energy storage devices, or other electrical and photovoltaic equipment associated with the production and storage of electricity. SOLAR ENERGY SYSTEM The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. Solar energy systems are classified as follows. A. Tier 1 Solar Energy Systems are: 1. Roof-Mounted Solar Energy Systems, Town Board April 2, 2025 2. Building-Integrated Solar Energy Systems, or 3. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of up to 25 kW AC. B. Tier 2 Solar Energy Systems are Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 25 kW AC but no more than 1 MW AC and which generate no more than 110% of the electricity consumed on the site over the previous 12 months. C. Tier 3 Solar Energy Systems are: 1. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 25 kW AC but no more than 1 MW AC and which generate 110% or more of the electricity consumed on the site over the previous 12 months, or 2. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 1 MW AC but no more than 5 MW AC. D. Tier 4 Solar Energy Systems are solar energy systems which do not meet the definition of a Tier 1, Tier 2, or Tier 3 Solar Energy System. SOLAR PANEL A photovoltaic device capable of collecting and converting solar energy into electricity. § 181-4 Applicability. A. Solar energy systems constructed or installed prior to the effective date of this chapter shall not be required to meet its requirements. B. Modifications to a solar energy system constructed or installed prior to the effective date of this chapter that increases the Facility Area by more than 5% of the original Facility Area shall be subject to this chapter. Additional area enclosed due to the relocation of fencing shall not be included when calculating an increase in the size of a Facility Area. § 181-5 General Requirements. A. A building permit shall be required for the installation of all Solar Energy Systems. B. Prior to the issuance of the building permit or final approval by the Planning Board, construction and/or site plan documents must be signed and stamped by a New York State licensed Professional Engineer or Registered Architect. C. Wherever feasible, the Town Board, the Planning Board and the Board of Appeals may, and are encouraged to, condition approval of proposed developments on sites adjacent to Solar Energy Systems in a manner that will protect access by such Solar Energy System to sufficient sunlight to remain economically feasible over time. D. Issuance of approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act[ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA")]. E. All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Uniform Code"), the NYS Energy Conservation Code ("Energy Code"), and the Town Code. F. An applicant for a permit for a Solar Energy System that is subject to site plan review shall be required to pay the fees incurred by the Planning Board as provided in section 177-15 or section 177-14 of the Code. § 181-6 Tier 1 Solar Energy Systems. Town Board April 2, 2025 The Solar Energy Systems described in this section are Tier 1 Solar Energy Systems. Tier 1 Solar Energy Systems are permitted accessory buildings in all zoning districts and shall be exempt from site plan review but shall be subject to the following conditions: A. Roof-Mounted Solar Energy Systems (1) Roof-Mounted Solar Energy Systems shall incorporate, when feasible, the following design requirements (exceptions may be approved by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration): (a) Solar Panels on pitched roofs shall be mounted with a maximum distance of eight (8) inches between the roof surface and the highest edge of the system, shall be installed parallel to the roof surface on which they are mounted or attached and shall not extend higher than the highest point of the roof surface on which they are mounted or attached. (b) Solar Panels on flat roofs shall not extend above the top of the surrounding parapet, or more than twenty-four(24) inches above the flat surface of the roof, whichever is higher. (c) To reduce glare, all Solar Panels shall have anti-reflective coating(s). (d)All Roof-Mounted Solar Energy Systems must satisfy the height limitations specified for principal and accessory buildings within the zoning district in which the property is located. (2) Roof-Mounted solar Energy Systems shall be exempt from lot coverage requirements. B. Building-Integrated Solar Energy Systems shall be shown on the plans submitted with the building permit application for the building containing the system. C. Ground-Mounted Solar Energy Systems (a) Ground Mounted Solar Energy Systems must satisfy the setback requirements and the height limitations for accessory buildings within the zoning district in which the property is located. (b)In residential districts, Ground-Mounted Solar Energy Systems shall be installed only in rear yards. (c) To reduce glare, all Solar Panels shall have anti-reflective coating(s) D. All Tier 1 Solar Energy Systems shall be installed or erected in such a way as to minimize their appearance from adjacent properties to the extent reasonably practicable. E. Solar Energy Equipment shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and shading of properties lying to the north, while still providing adequate Solar Access. § 181-7 Tier 2 Solar Energy Systems. Tier 2 Solar Energy Systems are permitted accessory buildings in all zoning districts, shall be exempt from lot coverage requirements but shall be subject to site plan approval. Tier 2 Solar Energy Systems shall adhere to the same standards and requirements for Tier 1 Ground-Mounted Systems in Section 181-5. A. In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 2 Solar Energy Systems shall include the following: (1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Tier 2 Solar Energy System. Such information of the final system installer shall be submitted to the building department prior to the issuance of building permit. (2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent Town Board April 2, 2025 to the application and the use of the property for a Tier 2 Solar Energy System. (3) Nameplate Capacity of the Solar Energy System (as expressed in kW or MW). (4) Zoning district designation of the Facility Area. (5) Property lines and physical features, including roads, of the Facility Area. (6) Uses of the parcels that are contiguous to the Facility Area. (7) Proposed changes to the landscape of the Facility Area, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures. (8) A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of Solar Panels in each ground- mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all Battery Energy Storage System components if applicable and include applicable setback and other bulk and area standards. (9) A preliminary equipment specification sheet that identifies all proposed Solar Panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit. (10) The FEMA designation of the Facility Area. B. Tier 2 Systems shall adhere to the following standards. (1) Tier 2 Solar Energy Systems shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. (2) Removal of existing trees larger than 6 inches in diameter at breast height should be minimized to the extent possible. The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if in the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 2 Solar Energy System to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the tree planting fund calculated in accordance with section 207-9 A. (3) To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the Facility Area and integrated pest management practices shall be utilized to limit pesticide use (including herbicides) for long-term operation and site maintenance. § 181-8 Tier 3 Solar Energy Systems. Tier 3 Solar Energy Systems are permitted uses in the following zoning districts only: R-30, R-50, R-TA, B-R, SB-R, B-MUB and R but shall be subject to site plan approval. A. In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 3 Solar Energy Systems shall include the following: Town Board April 2, 2025 (1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Solar Energy System. Such information of the final system installer shall be submitted to the building department prior to the issuance of building permit. (2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for a Tier 3 Solar Energy System. (3) Nameplate Capacity of the Solar Energy System (as expressed in MW). (4) Zoning district designation of the Facility Area. (5) Property lines and physical features, including roads, of the Facility Area. (6) Uses of the parcels that are contiguous to the Facility Area. (7) Proposed changes to the landscape of the Facility Area, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures. (8) A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of Solar Panels in each ground- mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all Battery Energy Storage System components if applicable and include applicable setback and other bulk and area standards. (9) A preliminary equipment specification sheet that identifies all proposed Solar Panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit. (10) The FEMA designation of the Facility Area. (11) Erosion and sediment control and storm water management plans prepared in accordance with the provisions of Chapter 95 of the Code. (12)A Property Operation and Maintenance Plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming. (13) Decommissioning Plan [see Appendix 1]signed by the owner and/or operator of the Solar Energy System that addresses the following: [1] The time required to decommission and remove the Solar Energy System and any ancillary structures. [2] The time required to repair any damage caused to the Facility Area by the installation and removal of the Solar Energy System. [3] The cost of decommissioning and removing the Solar Energy System, as well as all necessary site remediation or restoration. If the owner or operator of a Solar Energy System changes or there is a change in ownership of the Facility Area, the site plan approval shall remain in effect, provided that the successor owner or operator assumes in writing all obligations of the decommissioning plan. A new owner or operator of a Solar Energy System shall notify the building department of such change in ownership or operator within 30 days of the ownership change. B. Prior to the issuance of a building permit, a decommissioning security deposit shall be made with the Town Clerk in the form of cash, bond, or other form of security reasonably acceptable to the Attorney for the Town in an amount sufficient to ensure the good faith performance of the terms and conditions of the site plan approval. C. The amount of the bond or security shall be 115% of the cost of removal and site restoration for the Tier 3 Solar Energy System and shall be reviewed every 5 years and updated as needed to reflect any changes (due to inflation or other cost changes). The decommissioning amount shall be reduced by the amount of the estimated salvage value of the Solar Energy System. The Building Inspector, the Town Engineer or the Town Board April 2, 2025 Director of Buildings and Land Use Administration may require an estimate of such costs signed and sealed by an engineer licensed by the State of New York. The decommissioning security deposit shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed. D. The Planning Board may issue site plan approval for a Tier 3 Solar Energy System only after it finds that all the following standards and conditions have been satisfied: (1) All utility lines located outside of the Facility Area are designed to be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of- way. (2) Vehicular paths within the Facility Area are designed in compliance with Uniform Code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction. E. No signage or graphic content shall be displayed on the Solar Energy Systems except the manufacturer's name, equipment specification information, safety information, and 24-hour emergency contact information. Such information shall be depicted within an area that is no more than 8 square feet in size. F. Disconnect and other emergency shutoff information shall be displayed clearly on a light reflective surface in a manner that complies with the National Electric Code (NEC), A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. G. All Solar Panels shall have anti-reflective coating(s). H. Lighting of Tier 3 Solar Energy Systems shall be limited to what is minimally needed for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. I. The property on which a Tier 3 Solar Energy System is proposed shall meet the minimum lot size requirements of the zoning district in which the property is located. J. A Tier 3 Solar Energy System shall comply with the setback and lot coverage requirements for principal structures in the zoning district in which the property is located. Fencing, collection lines, access roads and landscaping may occur within such setbacks. K. All mechanical equipment, including any structure for Battery Energy Storage System components, shall be enclosed by a 7-foot-high fence with a self-locking gate to prevent unauthorized access. L. A Tier 3 Solar Energy System on a parcel less than 10 acres shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. M. A Tier 3 Solar Energy Systems on a parcel larger than 10 acres shall be required to: (1) Conduct a visual assessment of the visual impacts of the Solar Energy System on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, may be required to submitted by the applicant. (2) Submit a screening and landscaping plan that shows measures to screen views of Solar Panels and Solar Energy Equipment from public roadways and adjacent properties to the extent reasonably practical through landscaping, grading, or other means. Town Board April 2, 2025 (i) The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Town. (ii) The Planning Board may elect to waive certain screening and landscaping requirements in select locations based on an applicant's demonstration of non-impact or impact mitigation on adjacent parcels. N. Removal of existing trees larger than 6 inches in diameter at breast height should be minimized to the extent possible. The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if in the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 2 Solar Energy System to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the tree planting fund calculated in accordance with section 207-9 A. O. Owners of a Tier 3 Solar Energy System shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing Native Perennial Vegetation and foraging habitat beneficial to game birds, songbirds, and Pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes and seed all appropriate areas within the Facility Area. P. To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the Facility Area and integrated pest management practices shall be utilized to limit pesticide use (including herbicides) for long-term operation and site maintenance. Q. A Tier 3 Solar Energy System may not exceed 15 feet in height. § 181-9 Tier 4 Solar Energy Systems. All Tier 4 Solar Energy Systems are permitted uses in the following zoning districts only: LI and R and are subject to the site plan approval. A. In addition to the requirements for submitting an application for site plan approval, applications for site plan approval of a Tier 4 Solar Energy System shall follow the same application procedure as for a Tier 3 Solar Energy System. § 181-10 Safety. A. Solar Energy Systems and Solar Energy Equipment shall be certified under the applicable electrical and/or building codes as required. B. Solar Energy Systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Town of Mamaroneck Fire Department and, if a Tier 3 or a Tier 4 Solar Energy System is located in an ambulance district, the Town of Mamaroneck Ambulance District. C. If a Battery Energy Storage System is included as part of the Solar Energy System, it shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with all applicable laws and regulations. D. To facilitate access to the Facility Area by local first responders, an emergency key box or similar device shall be installed. The type of box and its location shall comply with Chapter 91 of the Code. § 181-11 Abandonment of Approval. A. Site plan approval for a Solar Energy System shall expire if a building permit therefor is not obtained within 36 months after the approval is given. If a building permit is obtained within 36 months after the approval is given but Town Board April 2, 2025 construction is not completed within 12 months after the building permit is issued, the applicant shall be allowed to request two 6-month extensions to complete construction. Approval of a request to extend the time to complete construction shall not be unreasonably withheld. If the owner and/or operator fails to perform substantial construction before the building permit or the last extension thereof expires, the site plan approval shall expire. B. If a Solar Energy System ceases to generate electricity on a continuous basis for twelve consecutive months, the Town may instruct the owner and/or operator of the Solar Energy System to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification. C. If the owner and/or operator fails to comply with decommissioning after being instructed to do so, the Town may utilize the decommissioning security deposit to remove the Solar Energy System and restore the Facility Area in accordance with the decommissioning plan. § 181-12 Enforcement. Any violation of this Solar Energy Law shall be subject to the same enforcement procedures, including the civil penalties, provided for violating the Town's zoning or land use laws. Appendix 1: Example Decommissioning Plan Date: [Date] Decommissioning Plan for[Solar Project Name], located at: [Solar Project Address] Prepared and submitted by[Solar Developer Name], the owner of[Solar Farm Name] The[Solar Developer Name]presents this decommissioning plan for[Solar Project Name] (the "Facility"). System decommissioning shall be required as a result of any of the following conditions: i. The land lease- if any- ends, unless the project owner has acquired the land. 2. The Solar Energy System ceases to generate electricity on a continuous basis for 12 months. 3. The Solar Energy System is damaged and will not be repaired or replaced. If any of the above conditions are met, and upon instruction from the Town, [Solar Developer Name]shall implement this decommissioning plan. System decommissioning and removal, as well as all necessary site restoration or remediation activities, shall be completed within 12 months. The owner of the land on which the Facility was installed or erected shall restore the property to its condition as it existed before the Facility was installed or erected, pursuant to which shall include the following: i. Removal of all operator-owned equipment, concrete, conduits, structures, fencing, and foundations located less than 36-inches below the soil surface. 2. Removal of any solid and hazardous waste caused by the Facility in accordance with local, state, and federal waste disposal regulations. 3. Removal of all graveled areas and access roads unless the landowner requests in writing for it to remain. An appendix is included in this plan to provide a project schedule detailing a breakdown of tasks required for the decommissioning removal of the system, including: i. Time required to decommission and remove the system and any ancillary structures. 2. Time required to repair any damage caused to the property by the installation and removal of the system. Town Board April 2, 2025 The cost of system decommissioning and removal, as well as all necessary site remediation and restoration activities, is estimated to be $[XXX]as of the date and time this application is filed. A decommissioning security has been executed in the amount of 115% of the cost of system decommissioning, removal, and site restoration. This cost estimate and decommissioning surety may be revisited every 5 years and updated as needed to account for inflation or other cost changes. The owner of the Facility, currently[Solar Developer Name], is responsible for this decommissioning. Facility Owner Signature: Date: Section 3- Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-21 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs (9), (10) and(11): § 240-21 One-Family Residence Districts: R-50, R-30, R-20, R-15, R-10 and R-7.5 C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (9) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (10) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. (11) In R-30 and R-50 zoning districts only, Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 4- Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-21.1 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs (10), (11), (12 and(13): § 240-21.1 Recreation District: R C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (10) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (11) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. (12) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. (13) Tier 4 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 5- Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-25 of the Code of the Town of Mamaroneck is amended to add the following new subsection D: § 240-25 Business-Mixed Use Business District: B-MUB D. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). Town Board April 2, 2025 (1) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (2) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. (3) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Existing subsections D., E., F and G. are re-lettered E., F., G, and H, respectively. Section 6- Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-27 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraph (3): § 240-27 Tower Apartment District: R-TA C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (3) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 7-Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-30 D. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs (4), (5) and(6): § 240-30 Business-Residential District: B-R D. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (4) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (5) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. (6) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 8-Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-31 of the Code of the Town of Mamaroneck is renamed Service Business-Residential District: SB-R and subsection C. is amended to add the following new paragraphs (4), (5) and(6): § 240-31 Service Business-Residential District: B-R C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (4) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (5) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. (6) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. Town Board April 2, 2025 Section 9-Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-32 C. of the Code of the Town of Mamaroneck is repeated, and the following is substituted in its place: § 240-32 Light Industrial: LI C. Accessory Uses (when located on the same lot with the principal uses to which they are accessory). (1) The same as § 240-31, above (2) Tier 1 Solar Energy Systems subject to Chapter 181, Solar Energy. (3) Tier 2 Solar Energy Systems subject to Chapter 181, Solar Energy. (4) Tier 3 Solar Energy Systems subject to Chapter 181, Solar Energy. (5) Tier 4 Solar Energy Systems subject to Chapter 181, Solar Energy. Section 10- Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-52 A. of the Code of the Town of Mamaroneck is repeated, and the following is substituted in its place: The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that in any residence district such fence or wall shall not exceed four feet in height in any required front yard and/or five feet in height in any required side or rear yard, except for fences or walls surrounding a Tier 3 Solar System (defined in Chapter 181) which can be as high as seven feet in height. For the purposes of this chapter, the height of any retaining wall shall be included in the computation of the height of a wall or fence placed on top of or above such retaining wall or at a distance of four feet or less horizontally from the retaining wall, in determining whether or not a wall or fence meets the heights restrictions of this provision. Section 11 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 12- Effective Date: This Local Law shall become effective upon filing with the Secretary of State. Carried RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board. Mr. Michael Gottfried addressed the Board regarding the Town's budget and tax increase for 2025, focusing on the discrepancy between December 18, 2024, budget presentation and the year-end financial results. Mr. Gottfried highlighted that the Board had approved a 15.7% Village tax increase, with Board members expressing concerns but calling the budget "responsible" at the time. Town Board April 2, 2025 Mr. Gottfried noted significant changes in the fund balance between December 18, 2024, and December 31 , 2024. Mr. Gottfried calculated that if the Town had appropriated an additional $600,000 in fund balance, the Town could have substantially reduced the tax levy rate. Mr. Gottfried pointed out several revenue sources that exceeded budget expectations, including: • Mortgage expense revenue • Tax penalties and interest • American Rescue funds • Expenses under budget due to staff vacancies Mr. Gottfried's primary concern was not about service levels, but about the transparency and timing of financial information. Mr. Gottfried questioned why these financial details were not disclosed during the December 18, 2024, budget meeting when the room was full of concerned residents. Mr. Gottfried called for a comprehensive "deep dive" into understanding these financial changes and advocated for more transparent communication of financial information to both the Board and the public. Mr. Gottfried emphasized the need for the Board to explain why the numbers changed so dramatically in such a short period and how they would ensure more timely and comprehensive financial reporting in the future. See Attachment I. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner King, and seconded by Commissioner Fiddelman, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky Commissioner: Anant Nambiar 2. Fire Claims Moved by Commissioner King, seconded by Commissioner Fiddelman, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims, dated April 2, 2025, in the amount of$2,719.37. See Attachment J. Carried 3. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Fiddelman, seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of 2024 Town Justice Court Audit Supervisor Elkind Eney explained the first item on the agenda is the consideration of the 2024 audit. Our financial auditor gave a presentation earlier this evening, so now the Town Board just has to adopt it to acknowledge that the examination and the audit have been conducted. Town Board April 2, 2025 Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was RESOLVED, that the Town Board acknowledges that the 2024 audit report for the Town of Mamaroneck Justice Court has been completed, and that the Town Board has reviewed and accepted the report. Carried 2. Consideration of 2024 Financial Audit by EFPR Group Supervisor Elkind Eney stated that this was a financial audit that was also presented to us earlier in the meeting, and we had a full discussion and asked all our questions then. Supervisor Elkind Eney then requested a motion to accept this report. Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby accept the Town of Mamaroneck Basic Financial Statements, Supplementary Information and Independent Auditor's Report for the Fiscal Year ended December 31, 2024. Carried 3. Consideration of Retainer Agreement for Labor & Employment Law Services Administrator Robson explained that this firm has been a long-standing partner with the Town of Mamaroneck for over three decades. Administrator Robson noted that the previous attorney who had served the Town for many years recently retired at the end of last year, and a new attorney from the same firm has stepped in, working closely with the previous attorney on ongoing matters. Administrator Robson emphasized the new attorney's responsiveness, professionalism, and ability to effectively handle the Town's legal needs. Administrator Robson recommended that the Town Board approve the agreement for labor and employment law services, which would be provided on an as-needed basis with monthly invoicing. The proposed agreement would cover the period from April 1, 2025, to December 31 , 2025, with the Town retaining the authority to extend the agreement annually through December 31 , 2026. Moved by Councilmember King, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby approves the agreement with Coughlin & Gerhart, LLP for legal services regarding labor and employment matters with new fees in effect from April 1, 2025, to December 31, 2025, and hereby authorizes the Town Administrator to execute the agreement, annual extensions and any related documents necessary to carry out its implementation. Carried 4. Consideration of - Employee Assistance Program (EAP) Agreement - 2025-2029 Administrator Robson presented the Town Board with the proposed Westchester County Employee Assistance Program (EAP) Agreement, spanning March 10, 2025, to December 31 , 2029. The EAP, a long-standing partnership providing preventive and rehabilitative mental health support services, is valued as an essential employee benefit. It also assists in managing personnel issues. For 2025, the prorated fee from March 10 is $4,800, based on the current headcount of 128 full-time employees, with an annual per-employee cost of $45. Fees for 2026-2029 will adjust based on employee numbers. The Town, highly satisfied with the program over its 19-year participation, appreciates its vital role in supporting staff well-being. Councilmember Nambiar praised the Town and providing the EAP as a valuable service, emphasizing the importance of continuing this benefit. Town Board April 2, 2025 Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was RESOLVED, that the Town Board hereby approves the Employee Assistance Program Agreement (EAP), retroactive to March 10, 2025, with a prorated fee of $4,800 for the year 2025 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. The payment cost for the years 2026-2029 will be based on the number of full-time employees each year and will vary accordingly. Carried 5. Consideration of 2025 Operating Budget Amendments Comptroller Yogman presented four budget amendments for the Town Board's consideration. Two grants received in 2024 will fund expenses in 2025: a $10,000 NYSERDA grant for the Climate Smart Community application process and a $75,000 grant secured by the Town Clerk for document scanning in the engineering department. Additional amendments include funding for new Town communication consultants to replace the previous PR company, and a transfer of funds from the Highway Department's consulting line to the part-time budget line for Highway Garage assistance. Comptroller Yogman highlighted that the third amendment is purely an internal transfer with no impact on the overall budget bottom line. These amendments aim to address grants already awarded and adjust the budget to meet departmental needs. Moved by Councilmember Nichinsky, seconded by Councilmember Nambiar, it was RESOLVED that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Carried 6. Consideration to Set a Public Hearing - Proposed Local Law - "Reducing Speed Limit on Harrison Drive" Moved by Councilmember King, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby sets a public hearing for the proposed local law "Reducing Speed Limit on Harrison Drive" at the April 16, 2025, Town Board meeting. Carried 7. DEFERRED to April 16, 2025: Consideration of - Updated EV Charging Station Proposals - NYPA DCFC Level Ill Site & Revised Level II Charging Stations for Westchester County Municipal Infrastructure Improvement Initiative ("MI3") 8. Consideration of - Salary Authorization - Central Garage Administrator Robson explained that after the retirement of the long-term department head in the central garage, a mechanic position became vacant. The Town Administration has now found a candidate they believe will be an excellent addition to the staff. They are recommending the appointment of this new automotive mechanic at an annual salary of $70,603, effective April 21 , 2025. Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby approves the appointment of Jesus Cardenas to the full-time position of Automotive Mechanic at an annual salary of$70,603, effective April 21, 2025. Town Board April 2, 2025 Carried 9. Consideration of - Appointments to Budget Committee Administrator Robson explained that the Town Board had requested applications for the new Budget Committee. Administrator Robson and Comptroller Yogman were tasked with reviewing the applications and making recommendations based on the predetermined parameters, including the number of members and the breakdown between unincorporated Town and Village representatives. Administrator Robson noted that they carefully considered the applicants, who all had impressive backgrounds, making the selection challenging. They aimed to choose members with a diverse range of skills. Administrator Robson also mentioned that she and Comptroller Yogman are currently working on developing documents and establishing a process that will include additional time for public input at a meeting of the Budget Committee. Administrator Robson reiterated the difficulty in selecting members given the high quality of applicants and emphasized their commitment to creating a transparent and inclusive process. Councilmember Fiddelman added that she was really glad to see that residents are interested in getting involved in the budget process, acknowledging that the Budget Committee had more applicants than available spots. Administrator Robson shared that they are working on developing a method to allow public input to the Budget Committee as well. While acknowledging that the public won't be able to speak at every meeting, they are designing a process that will provide opportunities for direct communication between the public and the committee members. Councilmember Nichinsky shared that she thoroughly supported the budget committee, drawing from her experience on the school board where they established a similar committee. She highlighted a successful strategy they used: intentionally including some of their most outspoken critics on the committee. Nichinsky specifically mentioned Michael Gottfried, a member of the public who had been vocal in requesting a budget committee and challenging financial decisions. While acknowledging the high qualifications of the chosen committee members, Nichinsky expressed disappointment that Gottfried was not selected, believing he had "earned" a spot through his advocacy and concern over the years. Councilmember Nichinsky appreciated that there would be an opportunity for public input in the Committee's process. Moved by Councilmember Nambiar, seconded by Councilmember King, it was RESOLVED that Steve Bonaparte, Alex Godoy, Kripal Pais, Brigid Quinn, Rodman Reef, Ian Rhodes, Richard Shebairo, be appointed as members of the Budget Committee, each of whom shall serve at the pleasure of the Town Board. Carried REPORTS OF MINUTES 1. Reports of Minutes Moved by Councilmember Fiddelman, seconded by Councilmember King, it was RESOLVED that the Town Board hereby approves the minutes of February 19, 2025, February 25, 2025, March 5, 2025, and March 25, 2025. Carried Town Board April 2, 2025 REPORTS OF THE COUNCIL Councilmember Nambiar • Reported that the Board of Architectural Review did not meet last month. • Mentioned the Housing Authority will meet on Monday and to further discuss some previous matters. • Referenced the various events mentioned by other council members, including Town and County events. Nambiar • Expressed enthusiasm about having signed up for the Bunny Hop 5K run, showing his engagement with community activities. Councilmember Fiddelman • Reported that her colleagues had already covered most of the events she attended. • Noted, that as the library liaison, she aims to share library information with the public at each meeting. Announced that on Friday, April 4th, the Larchmont Library's computers will be temporarily unavailable as they are being replaced. She advised the public to call the library for more information, noting that the replacement will take a full day. Councilmember King • Highlighted an upcoming major event, the Bunny Hop, scheduled for Sunday, April 27th. The event will feature two races: one for children 12 and under (which Town Board members typically participate in), and a 5K run for all ages. The children's race starts at 8:30 am, and the 5K run begins at 9:00 am. Councilmember King noted it's usually a well-attended event with good weather. And, the Easter Bunny will be present at the event! • Supervisor Elkind Eney interjected, I just want to say, if you want to escape with the Easter Bunny, on April 6, from 11 :30 am to 3 pm, the Easter Bunny will be at the Hommocks Park Ice Rink skating. That's another opportunity to meet the Easter Bunny! • Reported he will be attending a Recreation meeting next week. Councilmember Nichinsky • Attended the St. Patrick's Day parade last weekend and a land use seminar Day One, with Sabrina and Jaine. The seminar focused on land use laws and their relevance to various communities. Noted there would be two more similar seminars, each running from 9am to 3pm. • Mentioned missing the Sustainability Collaborative meeting due to another Town Board commitment. • Made several announcements: . Earth Day cleanup on the Leather Stocking Trail on Saturday, April 26, from 10 am to 12 pm, requiring pre-registration with Sue Odierna . Sustainability Collaborative table at Constitution Park from 1 pm to 4 pm on Earth Day . Compost giveaway day on May 3 from 8 am to 1 pm at Maxwell Avenue; residents should bring ID . Deadline of May 22 for submitting photos to the Mamaroneck Tree Photography exhibition, with photos to be brought to the Town Center lobby. Emphasized that photo submissions should be taken within the community, submissions be matted, and include the photographer's name on the back. Michael Gottfried interjected his excitement about a composting visit to Westchester County's Valhalla center with Sue Odierna and a group of environmentalists. Mr. Gottfried found the experience very compelling and hoped that Sue Odierna would have the opportunity to present information about the visit to the Town Board. Mr. Gottfried emphasized that the key is finding space for composting, noting that Westchester County is willing to provide guidance. He expressed gratitude to Sue and the group, highlighting the importance of their work in exploring composting opportunities for the community. Town Board April 2, 2025 TOWN CLERK'S REPORT Eligible homeowners include those with physical disabilities, limited income, veterans, volunteer firefighters, and volunteer ambulance workers. These individuals may be entitled to a partial property tax exemption. The application deadline is May 1, and interested parties should visit the Assessor's office to check their eligibility. Also, excited to learn at the Village of Mamaroneck's St Patrick's Day parade that they now have a "Running of the Gingers" event. This event is specifically for people with red or ginger hair. Approximately 20 people participated, running a route opposite to the parade route right before the parade. Looking forward to the Running of the Gingers 2026. TOWN COMPTROLLER Comptroller Yogman announced that the 2025 Town/County Tax Bills were mailed out last Friday morning. In the event you do not receive yours by the end of the week, you can always go online, and we really do recommend that you pay your tax bills online with our service. Comptroller Yogman added that we're finding that checks do not always get to us. Comptroller Yogman warned that online banking services actually mail physical checks, even after deducting funds from an account. If the paper check does not reach the Town office by April 30th, the tax payment will be considered late. Comptroller Yogman advised residents to be aware of this process and its potential complications. If you have any questions, please call our office. TOWN ATTORNEY'S REPORT Attorney Maker noted that the Yankees have embraced the innovative new torpedo bat design. Attorney Maker suggested that soon inflatable torpedo bats might be visible in the stands in the stadium and expressed excitement about the return of baseball season. RETURN TO WORK SESSION 11. Updates Supervisor Elkind Eney discussed recent grant applications. The Supervisor explained the Town was advised to roll over Congressional fiscal year 2025 grant applications or reapply for the same grants for fiscal year 2026, as the likelihood of securing Federal grants for new projects was low. Supervisor Elkind Eney had spoken with Senator Schumer and Congressman Latimer's offices about supporting the Town's project. In addition, the County has tentatively put aside $2.9 million in their budget for Town infrastructure, but no formal paperwork has been received yet. The Supervisor noted the grant team is currently working on potentially securing $2.9 million in funding, though the process remains uncertain. One grant is due this Friday, and another is due a week from Friday. The grant must redo their application again. Administrator Robson provided an update on an annual insurance company review, noting that the minimal items noted, including a few related to the rink concession, are being addressed. Administrator Robson stated that the pool survey is going out by the end of the week. Councilmember Nambiar asked if it is available in Spanish, requesting that it be distributed to the CRC to be sent out to their constituents. Town Board April 2, 2025 Administrator Robson updated the Town Board on there now being 29 communities in ConEd litigation, so the Town's current cost to participate is down to $2,708. Councilmember King asked if we had an update on the locker room renovations at the Hommocks Pool. Supervisor Elkind Eney said she would ask the Superintendent of Schools for an update at the next TVS (Town-Village-Schools) meeting. 12. Request for Executive Session Moved by Councilmember Fiddelman, seconded by Councilmember King, the Town Board agreed to enter into Executive Session to discuss the proposed acquisition, sale, or lease of real property and the employment history of a particular person or persons. Carried Moved by Councilmember Nichinsky, seconded by Councilmember King, the Town Board unanimously agreed to adjourn the meeting at 10:43 pm. Carried REGULARLY SCHEDULED MEETING - April 16, 2025 Respectfully submitted by Allison May, Town Clerk Town Board April 2, 2025 Attachment A EFPRcRouP Certified Public Accountants Town of Mamaroneck Audit Summary December 31,2024 • Financial Statements and Auditors' Reports were reviewed with management. • Unmodified (i.e.unqualified or"clean") opinions to be issued on the statements including the Town Justice Court audit. • The Town changed to a Annual Comprehensive Financial Report (ACFR) in 2024. This resulted in an introductory section,additional schedules in the financial section,and a statistical section. • No material weaknesses or significant deficiencies were noted in the Town's internal controls over financial reporting or in the Town's compliance with certain provisions of laws, regulations,contracts and grant agreements. • Federal single audit had no findings. We tested Coronavirus State and Local Fiscal Recovery Funds (Assistance Listing No. 21.027). • Management provided everything we asked for in a timely manner. • Financial Highlights: o Governmental fund balance increased by $8,247,135 to a total of $52,868,430. The increase is a primary result of the bond issuance in the current year in the Capital Projects Fund. o General Fund's fund balance increased by$78,311. This is a result of the following: • Expenditures were under the budgeted amount with a total favorable variance of $1,276,203. • Real property tax items was the largest revenue over budget with a favorable variance of$258,801,due to an increase in penalties on property taxes. o Net position of the government-wide statements decreased by$11,587,477 to a deficit net position of$45,995,178. • The decrease was caused by an extraordinary item for judgement expense as a result of the Westchester Joint Water Works settlement agreement. The settlement agreement resulted in an estimated total cost to the Town of $18,247,677, including fines of $395,377 which have already been paid. The remaining$17,852,300 is a liability for future costs for capital projects. Town Board April 2, 2025 Attachment B Town Level 11 Charging Network-April 2024-March 2025 TOTAL Hommoeks Rink Memorial Park Parking Desk Town Center HEQRK Total Sessions 956 768 702 788 3214 Sessions Total Energy(kWh} 10322.382 15561.56 5278.22 16669.09 47831.252 kWh dispensed Avg.Charging Time(HH:MM:SS) 2:05:55 3:03:25 1:26:04 3:45:39 Gross Revenue @$0.301kWhh $3,096.71 $4,668.47 $1.583.47 $5,000.73 $14,349.38 total revenue Net Revenue(Grass-lltilityCost@ $882.56 51,330.51 $451.29 $1,425.21 $4,089.57 net revenue for 8ports $0.21/kW hl Average Monthly Revenue per Port $36.77 $65.44 $18.80 $59.38 $511.20 Annual per part Operating Expenses Cloud Data Plan $180.40 $180.40 $180.40 $180.40 $721.60 Based upon 2025 proposal,prepaid 5 yr rate Assure Extended Maintenance Plan 1600.00 $600.00 $600.00 $600.00 $2,400.00 Optional,but recommended Net Income $102.16 $550.11 -$329.11 $644.81 $967.97 Annual Network Income $121.00 Annual net income per port *Station was inoperable for-3 months of 2024 Town Board April 2, 2025 Attachment C Comprehensive Drainage Evaluation & Storm Sewer Improvements Robert Wasp, RE —Town Engineer Carol Murray, P.E. — Deputy Town Engineer Jim Moran, P.E. — Consultant Engineer, H2M Sean Peters, P.E. — Consultant Engineer, H2M .,„k 4 1.27 o' !` IC. architects + engineers �' practical approach Project Progress Summary Completed Tasks: • Task 1: Mapping of System & Data Collection — Review data, CCTV, GIS and limited survey. • Task 2: Watershed Development &Analysis— H/H modeling of 13 subbasins. • Task 3: Hydraulic Modeling& Review of Findings— Modeling of performance of proposed improvement options. • Task 4: Recommendations & Conceptual Design — High-level conceptual layout, preliminary cost opinions based on proposed improvements, and comprehensive report. • Findings: Infrastructure Capacity/Lack Thereof, Culvert and Channel Conditions, Issues Beyond Town Limits Recommendations: Increase Pipe Capacities, Install Additional Inlets, Channel Modifications Current Task (No. 5): Advance Detailed Design—Advance three (3) locations to Final 0, 4 Design and two (2) locations through Design Development t�= o architects + engineers = �� n practical approach.Creative results. r Town Board April 2, 2025 Attachment C (Cont'd) Post Study Work Additional Inspection & Heavy Cleaning Work: • Heavy cleaning work resulted in the removal of over 51 tons of debris and roots from Town storm sewers. Grant Applications • The Town applied to the Long Island Sound Futures Fund ("LISFF") for development of a project prioritization and funding program. Announcement of awards expected in Q2 (Apr- June) of 2025. • Additional funding request to Westchester County is in progress. • Design Development - 2025 Town budget includes funding to advance design in 5 of the 13 basin areas identified in the Comprehensive Evaluation Report. 047 architects + engineers practical approach.creative results ~ Subbasin Final Design Subbasins Selected for Final Design • Subbasin 1— Fenimore Road Culvert: Install new box culverts with wing walls on the inlet side address capacity issue and increase hydraulic performance. Eliminate roadway flooding/culvert overtopping (convey 25-year storm). • Subbasin 3—7 Country Road: Install new catch basins, connect to detention pond, plug and replace pond outlet with new box culvert outlet. Convey 25-year storm without overtopping, reduce erosion and provide relief to downstream drainage infrastructure. • Subbasin 13—Old White Plains Road: Proposed Improvements/Benefit: Install approx. 1,290 LF of new pipe to increase capacity. Replace 9 catch basins in kind and install 7 additional catch basins. Convey 25-year storm, address roadway ponding and capacity issues. Op architects + engineers z 0 t practical approach.creative results ~ moraonr i c.c= ` Town Board April 2, 2025 Attachment C (Cont'd) Subbasin Design Development Subbasins Selected for Design Development • Subbasin 2—Colonial Ave & Homer Ave, Glenn Road, and Echo Lane & Maplewood Street: Install extensive pipe capacity improvements totaling approx. 6,480 LF (1.2 miles). Replace 45 catch basins in kind and install 15 additional catch basins. Eliminate roadway flooding, roadway ponding, and improve system conveyance. • Subbasin 7—Cabot Road & Myrtle Boulevard: Install extensive pipe capacity improvements totaling approx. 3,265 LF (0.6 miles). Replace 23 catch basins in kind and install 23 additional catch basins. Eliminate roadway flooding, roadway ponding, and improve system conveyance. 0� �q o .`_ '0 architects + engineers w ` ®t m 91 n practical approach.creative results "' f. Next Steps — Final Design Projects Anticipated Timeline: • Q2 2025—Coordinate and perform requisite field work to support design (geotechnical investigation, survey, etc.). • Q3 2025— Update cost estimates for consideration in 2026 Town Budget by beginning of Q3. Complete Design Development Documents. • Q4 2025/Q1 2026* — Final Design Documents to include the following components: • Complete construction plans and technical specifications. • Identification of necessary permitting requirements and incorporation of permitting elements within design documents. • Regular check-ins with Town and public updates to be provided as project progresses. *Assumes timeline will not be impacted by obtaining new easement for Subbasin 3(County Road) o=o `yo architects + engineers w ®I m practical approach ;:c ai . _a a. is I— Town Board April 2, 2025 Attachment C (Cont'd) Next Steps — Design Development Projects Anticipated Timeline: • Q2 2025—Assess incorporation of additional scope such as the design considerations (Subbasin 7) and local improvements (Subbasin 2). Determine benefit of breaking out any improvements into smaller projects. • Q3 2025— Update cost estimates for consideration in 2026 Town Budget by beginning of 03. • Q1 2026—Coordinate and perform requisite field work to support design (geotechnical investigation, survey, etc.). • 2026— Identification of necessary permitting requirements. Advance Design Development Documents (includes both plans and technical specifications. Incorporation of permitting elements within documents. • Regular check-ins with Town and public updates to be provided throughout project progress. o& 4iy o6 N. o architects + engineers x ,,, practical approach.creative resuu., i our1DI D u.ti Questions? ©< 4'9 O . O architects + engineers z 8+ practical approach.creative res��lts ~ Town Board April 2, 2025 Attachment D �o c 90 Town of Mamaroneck m County of Westchester • 740 West Boston Post Road,Mamaroneck,NY 10543-3353 TEL: 914/381-7815 COUNSEL FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org INTER/INTRA CONFIDENTIAL COMMUNICATION MEMORANDUM To: Mamaroneck Town Board Town Board Meeting— April 2,2025 cc: Meredith S.Robson,Town Administrator From: William Maker,Jr.,Attorney for the Town Subject: SEQRA findings for Solar Energy Date: March 21,2025 Before the Town Board can vote on whether to adopt this proposed local law,it, must make findings pursuant to SEQRA. I attach the Environmental Assessment Form (Parts 1, 2 and 3) and a proposed negative declaration. If the Town Board determines that adoption of the local law does not require a draft environmental statement, it can adopt the negative declaration, thereby completing the SQERA process. The Board then can vote upon the law itself,after the public hearing is conducted and closed,of course. I note that there are comments about the law from the Planning Board and from Ralph Engel individually. Those comments should be included in the Town Board's packet for the April 2nd meeting and entered into the record of the public hearing. 1 Town Board April 2, 2025 Attachment D (Cont'd) State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: April ,2025 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8(State Environmental Quality Review Act)of the Environmental Conservation Law. The Town Board of the Town of Mamaroneck, as lead agency,has determined that the proposed action described below will not have a significant impact upon the environment and therefore a Draft Environmental Impact Statement will not be prepared. Name of Action: Adoption of local law regulating the installation of systems that convert sunlight into energy. SEQRA Status: Type 1 Yes Unlisted No Conditioned Negative Declaration: No Description of Action: The Town Board,acting in accordance with section 272-a of the New York Town Law,is considering adopting a local law that will regulate the installation of systems that convert sunlight into energy. Location: The entire unincorporated area of the Town of Mamaroneck Procedure: Since the action proposes the adoption of a local law,the Town Board is the only agency involved and as such, automatically is the lead agency for environmental review pursuant to Town Board April 2, 2025 Attachment D (Cont'd) Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law (SEQRA)1 The Town Board nonetheless passed a formal resolution designating itself as lead agency for this action. Parts 1, 2 and 3 of a Full Environmental Assessment Form have been prepared with respect to this action. Part 1 describes the action. Part 2 identifies and determines the action's potential impacts upon the environment.Part 3 evaluates such impacts. Reasons Supporting This Determination: The most cogent reason for a negative declaration is that systems that convert sunlight- - a safe, abundant, renewable and non-polluting resource -- into energy are beneficial to the environment in that these systems minimize and,in some cases,eliminate the use of fossil fuels. The typical system will be solar panels affixed to roofs of homes or other buildings. Such installations should be no more disruptive than the replacement or repair of a roof. The law addresses the potential disturbance caused by glare reflecting from solar panels by requiring that the panels have an anti-reflective coating. The law also promotes the goals of the Town's Comprehensive Plan adopted on May 22, 2024 by allowing property owners to reduce their cost for power by making their properties less dependent upon electricity provided by utility companies, by encouraging employment of individuals to install and maintain solar energy systems and by inviting development opportunities for enterprises interested in establishing green energy operations. There may be limited situations where free-standing solar farms may be proposed for properties with sufficient open space to accompany such a use.Such uses will require site plan approval where environmental consequences,if any,can be identified and ameliorated. In making its determination that the adoption of this local law will result in no significant adverse impacts upon the environment, the Town Board relied upon the Environmental Assessment Form prepared for its consideration of environmental significance. If Conditional Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 Days from date of publication in the ENB): Not Applicable Chapter 92 of the Town Code contains a set of laws, called the "Town of Mamaroneck Environmental Quality Review Law", that is consistent with, and designed to implement SEQRA. 2 Town Board April 2, 2025 Attachment D (Cont'd) For Further Information: Contact Person: Meredith S.Robson,Town Administrator Address: 740 West Boston Post Road,Mamaroneck,NY 10543 Telephone Number: 914-381-7810 For Type 1 Actions and Conditioned Negative Declarations,a Copy of this Notice is sent to: Chief Executive Officer of the Town/CityNillage of the: Town of Mamaroneck Other involved agencies(if any): Westchester County Planning Department Applicant(if any): Not Applicable Environmental Notice Bulletin(Type One Actions only): Not Applicable I 4 Local laws/solar energy/2025-3-21-Negative Declaration 3 Town Board April 2, 2025 Attachment D (Cont'd) Full Environmental Assessment Form Part 1-Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. lithe answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part l is accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: Adoption of the"Regulation of Solar Energy"Law Project Location(describe,and attach a general location map): The Unincorporated Town of Mamaroneck Brief Description of Proposed Action(include purpose or need): The adoption of a local law that encourages the use of Solar energy systems... construction and location of solar energy systems so that the installation of such systems will not have an unduly negative impact on the character of the Town. 1.To take advantage of sunlight,a safe,abundant,renewable and non-polluting energy resource, 2.To decrease the cost of electricity to the owners of residential and commercial properties,induding single-family houses, 3.To increase employment and business development in the Town,to the extent reasonably practical,by furthering the installation of solar energy systems,4.To mitigate the impacts of solar energy systems on environmental resources such as trees,wetlands,wildlife,and other protected resources, and 5.To create synergy between the use of solar energy and other goals of the Town's Comprehensive Plan adopted on May 22,2024,and regulate the construction and location of solar energy systems so that the installation of such systems will not have an unduly negative impact on the character of the Town.ont Name of Applicant/Sponsor: Telephone:914-381-7810 Town of Mamaroneck E-Mail:townadministratorfgTownofmamaroneokNY.org Address:740 W.Boston Post Road State: Zip Code:10543 City/P0:Mamaroneck NY Project Contact(if not same as sponsor;give name and title/role): Telephone:914-381-7810 Meredith Robson,Town Administrator E-Mail:townadministratorCgTownofmamaronedkNY.org Address: 740 W.Boston Post Road City/PO: State: Zip Code: Mamaroneck NY 10543 Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 FEAF 2019 Town Board April 2, 2025 Attachment D (Cont'd) B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Council,Town Board, ®Yes❑No Adoption of Local Law February 5,2025 or Village Board of Trustees b.City,Town or Village ❑Yes❑No Planning Board or Commission c.City,Town or ❑Yes❑No Village Zoning Board of Appeals d.Other local agencies ❑Yes❑No e.County agencies DYes❑No f.Regional agencies 0YesfN0 g.State agencies ❑YesDNo h.Federal agencies ❑Yes❑No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ®Yes❑No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ®Yes❑No iii. Is the project site within a Coastal Erosion Hazard Area? ®Yes❑No C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ®Yes❑No only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ®YesDNo where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example:Greenway; ❑Yes®No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 Town Board April 2, 2025 Attachment D (Cont'd) C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? Proposed ordinance applies to all zoning districts within the unincorporated Town of Mamaroneck. b. Is the use permitted or allowed by a special or conditional use permit? ❑Yess1No c.Is a zoning change requested as part of the proposed action? ❑YesmNo If Yes, i.What is the proposed new zoning for the site? C.4.Existing community services. a.In what school district is the project site located? Mamaroneck and Scarsdale school districts b.What police or other public protection forces serve the project site? Town of Mamaroneck Police Department c.Which fire protection and emergency medical services serve the project site? Town of Mamaroneck Fire Department and Larchmont Volunteer Ambulance Corps d.What parks serve the project site? Memorial Park(Local),Saxon Woods(County) D.Project Details D.1.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? b.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres c.Is the proposed action an expansion of an existing project or use? ❑YesONo i.If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes ONO If Yes, i.Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) ii.Is a cluster/conservation layout proposed? ❑Yes ONO iii.Number of lots proposed? iv.Minimum and maximum proposed lot sizes? Minimum Maximum e.Will the proposed action be constructed in multiple phases? ❑Yes❑No i. If No,anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1(including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: - Page 3 of 13 Town Board April 2, 2025 Attachment D (Cont'd) f.Does the project include new residential uses? ❑Yes❑No If Yes,show numbers of units proposed. One Family Two Family I Family Multiple Family(four g more) Initial Phase At completion of all phases g.Does the proposed action include new non-residential construction(including expansions)? ❑Yes❑No If Yes, i.Total number of structures ii.Dimensions(in feet)of largest proposed structure: height; width; and length iii.Approximate extent of building space to be heated or cooled: square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes❑No liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, i.Purpose of the impoundment: ii.If a water impoundment,the principal source of the water: ❑Ground water❑Surface water streams['Other specify: iii.If other than water,identify the type of impounded/contained liquids and their source. iv.Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres v.Dimensions of the proposed dam or impounding structure: height; length vi.Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? ❑Yes❑No (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging? ii.How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic yards): • Over what duration of time? iii.Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. iv.Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No If yes,describe. v.What is the total area to be dredged or excavated? acres vi.What is the maximum area to be worked at any one time? acres vii.What would be the maximum depth of excavation or dredging? feet viii.Will the excavation require blasting? ❑Yes❑No ix.Summarize site reclamation goals and plan: b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment ❑Yes❑No into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: i.Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): Page 4 of 13 Town Board April 2, 2025 Attachment D (Cont'd) ii.Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: iii.Will the proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No If Yes,describe: iv.Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes❑No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v.Describe any proposed reclamation/mitigation following disturbance: c.Will the proposed action use,or create a new demand for water? ❑Yes 01•10 If Yes; i.Total anticipated water usage/demand per day: gallons/day ii.Will the proposed action obtain water from an existing public water supply? ❑Yes 0No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? 0 Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No • Do existing lines serve the project site? ❑Yes❑No iii.Will line extension within an existing district be necessary to supply the project? ❑Yes Flo If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv.Is a new water supply district or service area proposed to be formed to serve the project site? 0 Yes❑No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v.If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes? ❑Yes❑No If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): iii.Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Y`sONo • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 Town Board April 2, 2025 Attachment D (Cont'd) • Do existing sewer lines serve the project site? ❑Yes❑No • Will a line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv.Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge or describe subsurface disposal plans): W.Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes❑No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: i.How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres(impervious surface) Square feet or acres(parcel size) ii.Describe types of new point sources. iii.Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? • If to surface waters,identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? ❑Yes❑No iv.Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes!:No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ❑Yes❑No combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) ii.Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) iii.Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes❑No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No ambient air quality standards for all or some parts of the year) iL In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N20) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) • Tons/year(short tons)of Hazardous Air Pollutants(HAPs) Page 6 of 13 Town Board April 2, 2025 Attachment D (Cont'd) h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, ❑Yes❑No landfills,composting facilities)? If Yes: i.Estimate methane generation in tons/year(metric): ii,Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes❑No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes❑No new demand for transportation facilities or services? If Yes: i.When is the peak traffic expected(Check all that apply): 0 Morning 0 Evening ['Weekend 0 Randomly between hours of to ii.For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks): iii.Parking spaces: Existing Proposed Net increase/decrease iv.Does the proposed action include any shared use parking? ❑Yes❑No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation service(s)or facilities available within'A mile of the proposed site? ❑Yes❑No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes❑No for energy? If Yes: i.Estimate annual electricity demand during operation of the proposed action: ii.Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): Will the proposed action require a new,or an upgrade,to an existing substation? ❑Yes❑No I.Hours of operation. Answer all items which apply. i.During Construction: ii. During Operations: • Monday-Friday: • Monday-Friday: • Saturday: • Saturday: • Sunday: • Sunday: • Holidays:_ • Holidays: Page 7 of 13 Town Board April 2, 2025 Attachment D (Cont'd) m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑Yes❑No operation,or both? If yes: i. Provide details including sources,time of day and duration: ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes❑No Describe: n.Will the proposed action have outdoor lighting? ❑Yes❑No If yes: i.Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes❑No Describe: o.Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes❑No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes❑No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i.Product(s)to be stored ii.Volume(s) per unit time (e.g.,month,year) iii.Generally,describe the proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes❑No insecticides)during construction or operation? If Yes: i.Describe proposed treatment(s): ii.Will the proposed action use Integrated Pest Management Practices? ❑Yes❑No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes ONo of solid waste(excluding hazardous materials)? If Yes: i.Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation: tons per (unit of time) ii.Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii.Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 Town Board April 2, 2025 Attachment D (Cont'd) s.Does the proposed action include construction or modification of a solid waste management facility? 0 Yes 0 No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment If landfill,anticipated site life: years t.Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous❑Yes❑No waste? If Yes: i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ii.Generally describe processes or activities involving hazardous wastes or constituents: W.Specify amount to be handled or generated tons/month iv.Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v.Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.1.Land uses on and surrounding the project site a.Existing land uses. i.Check all uses that occur on,adjoining and near the project site. ❑Urban 0 Industrial 0 Commercial 0 Residential(suburban) ❑Rural(non-farm) ❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify): ii. If mix of uses,generally describe: b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious surfaces • Forested • Meadows,grasslands or brushlands(non- agricultural,including abandoned agricultural) • Agricultural (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) • Non-vegetated(bare rock,earth or fill) • Other Describe: Page 9 of 13 Town Board April 2, 2025 Attachment D (Cont'd) c.Is the project site presently used by members of the community for public recreation? ❑Yes❑No i.If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ❑Yes❑No day care centers,or group homes)within 1500 feet of the project site? If Yes, i.Identify Facilities: e.Does the project site contain an existing dam? ❑Yes❑No If Yes: i.Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: __gallons OR acre-feet ii.Dam's existing hazard classification: iii.Provide date and summarize results of last inspection: f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes❑No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: i.Has the facility been formally closed? ❑Yes❑No • If yes,cite sources/documentation: ii.Describe the location of the project site relative to the boundaries of the solid waste management facility: iii.Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑YesEINo property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i.Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes❑No remedial actions been conducted at or adjacent to the proposed site? If Yes: i.Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): ❑Neither database ii.If site has been subject of RCRA corrective activities,describe control measures: iii.Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes❑No If yes,provide DEC ID number(s): iv.If yes to(i),(ii)or(iii)above,describe current status of site(s): Page 10 of 13 Town Board April 2, 2025 Attachment D (Cont'd) v.Is the project site subject to an institutional control limiting property uses? ❑Yes❑No • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? feet b.Are there bedrock outcroppings on the project site? ❑Yes❑No If Yes,what proportion of the site is comprised of bedrock outcroppings? c.Predominant soil type(s)present on project site: % % d.What is the average depth to the water table on the project site? Average: feet e.Drainage status of project site soils:❑Well Drained: %of site ❑Moderately Well Drained: %of site D Poorly Drained %of site f.Approximate proportion of proposed action site with slopes:❑0-10%: %of site ❑ 10-15%: %of site ❑ 15%or greater: %of site g.Are there any unique geologic features on the project site? ❑Yes❑No If Yes,describe: h.Surface water features. i.Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes❑No ponds or lakes)? ii.Do any wetlands or other waterbodies adjoin the project site? ❑Yes❑No If Yes to either i or ii,continue. If No,skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes❑No state or local agency? iv.For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name _ Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No.(if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired Oyes llo waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? ❑YesDNo j.Is the project site in the 100-year Floodplain? ❑YesDN° k.Is the project site in the 500-year Floodplain? ❑Yes❑No 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ❑Yes❑No If Yes: i.Name of aquifer: Page 11 of 13 Town Board April 2, 2025 Attachment D (Cont'd) m. Identify the predominant wildlife species that occupy or use the project site: n.Does the project site contain a designated significant natural community? ❑Yes❑No If Yes: i.Describe the habitat/community(composition,function,and basis for designation): ii.Source(s)of description or evaluation: iii.Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes❑No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing(endangered or threatened): p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ❑Yes❑No special concern? If Yes: i. Species and listing: q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes❑No If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes❑No Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes❑No i.If Yes:acreage(s)on project site? H.Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes❑No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community El Geological Feature ii.Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes❑No If Yes: i.CEA name: ii.Basis for designation: _ iii.Designating agency and date: Page 12 of 13 Town Board April 2, 2025 Attachment D (Cont'd) e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district 0 Yes❑No which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i.Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District ii.Name: iii.Brief description of attributes on which listing is based: f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes❑No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes❑No If Yes: i.Describe possible resource(s): _ _ _ ii.Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes❑No scenic or aesthetic resource? If Yes: i.Identify resource: ii.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes❑No Program 6 NYCRR 666? If Yes: i.Identify the name of the river and its designation: IL Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Meredith Robson Date Signature flittAkkit Title Town Administrator PRINT FORM Page 13 of 13 Town Board April 2, 2025 Attachment D (Cont'd) Agency Use Only[If applicable] Full Environmental Assessment Form project !Adoption of the Regulation of Saar Law J Part 2-Identification of Potential Project Impacts Date jAprr 2,2026 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the infonnation needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on,or physical alteration of, NO ❑YES the land surface of the proposed site. (See Part 1.D.1) If"Yes",answer questions a-j. If"No",move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater_ E2f ❑ ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a ❑ 0 generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e.The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases.f.The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. Bli ❑ ❑ h.Other impacts:_ ❑ ❑ Pagel of 10 FEAF 2019 Town Board April 2, 2025 Attachment D (Cont'd) 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to,any unique or unusual land forms on the site(e.g.,cliffs,dunes, ®NO ❑YES minerals,fossils,caves). (See Part 1.E.2.g) It "Yes",answer questions a-c. If"No",move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Identify the specific land form(s)attached: E2g ❑ ❑ b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts:___ ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water NO ❑YES bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1.D.2,E.2.h) If"Yes",answer questions a-1. If"No",move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may create a new water body. D2b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e 0 ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 Town Board April 2, 2025 Attachment D (Cont'd) ❑ ❑ 1.Other impacts: 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or NO ❑YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a,D.2.c,D.2.d,D.2.p,D.2.q,D.2.t) If"Yes",answer questions a-h. If"No",move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand D2c ❑ o on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and DI a,D2c ❑ a sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 e.The proposed action may result in the construction of water supply wells in locations D2c,Elf, ❑ a where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 0 ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, o in feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. NO ❑YES (See Part 1.E.2) If"Yes",answer questions a-g. If"No",move on to Section 6. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in development in a designated floodway. E2i ❑ a b.The proposed action may result in development within a 100 year floodplain. E2j a a c.The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2j,E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, El e 0 ❑ or upgrade? Page 3 of 10 Town Board April 2, 2025 Attachment D (Cont'd) g.Other impacts: 6. Impacts on Air The proposed action may include a state regulated air emission source. ENO EYES (See Part 1.D.2.f.,D.2.h,D.2.g) If"Yes",answer questions a-f If"No",move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N20) D2g ❑ ° iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g v. More than 1000 tons/year of carbon dioxide equivalent of D2g ° ❑ hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ° ❑ b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ 0 rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f.Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2.m.-q.) NO EYES If"Yes", answer questions a-j. If"No",move on to Section 8. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or loss of individuals of any Ego ❑ ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 Town Board April 2, 2025 Attachment D (Cont'd) e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑ Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or Elm ❑ ❑ over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ ❑ herbicides or pesticides. j.Other impacts: 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a.and b.) ONO EYES If"Yes", answer questions a-h. If"No",move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b ❑ ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land El a,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a 0 ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑ ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h.Other impacts: — ❑ ❑ Page 5 of 10 Town Board April 2, 2025 Attachment D (Cont'd) 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from,or are in ❑NO YES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.1.a,E.1.b,E.3.h.) If"Yes",answer questions a-g. If"No",go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ® ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b la ❑ screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i.Seasonally(e.g.,screened by summer foliage,but visible during other seasons) l ❑ ii.Year round l 0 d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q' i. Routine travel by residents,including travel to and from work ii.Recreational or tourism based activities El c ® ❑ e.The proposed action may cause a diminishment of the public enjoyment and E3h l ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, ® 0 project: D l f,D l g 0-1/2 mile -3 mile 3-5 mile 5+ mile g.Other impacts:`-_— 0 0 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ©NO DYES resource. (Part 1.E.3.e,f.and g.) If"Yes",answer questions a-e. If"No",go to Section 11. Relevant No,or Moderate Part I small to large Question(s) impact impact may ma)occur_ occur a. The proposed action may occur wholly or partially within,or substantially contiguous to,any buildings,archaeological site or district which is listed on the National or E3e ❑ ❑ State Register of Historical Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. _ c.The proposed action may occur wholly or partially within,or substantially contiguous E3g I ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 Town Board April 2, 2025 Attachment D (Cont'd) d.Other impacts: — ❑ ❑ If any of the above(a-d)are answered"Moderate to large impact may e• occur",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part E3e,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, integrity. E3g,Ela,El b iii. The proposed action may result in the introduction of visual elements which E3e,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a EINO EYES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1.C.2.c,E.1.c.,E.2.q.) If"Yes", answer questions a-e. If"No",go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stonnwater E2h, storage,nutrient cycling,wildlife habitat. E2m,E2o, E2n,E2p b.The proposed action may result in the loss of a current or future recreational resource. C2a,El c, ❑ ❑ C2c,E2q c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ o with few such resources. El c,E2q d.The proposed action may result in loss of an area now used informally by the C2c,Etc ❑ ❑ community as an open space resource. e. Other impacts: ❑ o 12. Impact on Critical Environmental Areas The proposed action maybe located within or adjacent to a critical ✓❑NO 0 YES environmental area(CEA). (See Part 1.E.3.d) If"Yes",answer questions a-c. If"No",go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in a reduction in the quantity of the resource or E3d o ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c.Other impacts: 0 ❑ Page 7 of 10 Town Board April 2, 2025 Attachment D (Cont'd) 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. QNO ❑YES (See Part I.D.2.j) If"Yes",answer questions a-f If"No",go to Section 14. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c.The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j 0 ❑ f. Other impacts: _ ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ZINO DYES (See Part 1.D.2.k) If"Yes", answer questions a-e. If"No",go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new,or an upgrade to an existing,substation. D2k 0 ❑ b.The proposed action will require the creation or extension of an energy transmission DI f, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a D 1q,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square Dig ❑ ❑ feet of building area when completed. e.Other Impacts: 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. nNO DYES (See Part 1.D.2.m.,n.,and o.) If"Yes", answer questions a-f. If"No",go to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,El d ❑ ❑ hospital,school,licensed day care center,or nursing home. c.The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 Town Board April 2, 2025 Attachment D (Cont'd) d.The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ❑ ❑ area conditions. f.Other impacts: 0 El 16. Impact on Human Health The proposed action may have an impact on human health from exposure m NO ❑YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1.d.f.g.and h.) If"Yes",answer questions a-m. If"No",go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld 0 o care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh o ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh o o remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ property(e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place Elg,Elh o ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t o ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ o i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg o ❑ a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ o site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑ project site. D2r m.Other impacts: Page 9 of 10 Town Board April 2, 2025 Attachment D (Cont'd) 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ©NO EYES (See Part 1.C.1,C.2.and C.3.) If"Yes",answer questions a-h. If"No",go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla ❑ ❑ contrast to,current surrounding land use pattem(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ❑ ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ plans. e.The proposed action may cause a change in the density of development that is not C3,Dle, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld,Elb f.The proposed action is located in an area characterized by low density development C4,D2c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h.Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. RNO RYES (See Part 1.C.2,C.3,D.2,E.3) If"Yes", answer questions a-g. If"No",proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas E3e,E3f,E3g ❑ ❑ of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,D 1 f 0 0 there is a shortage of such housing. Dlg,Ela d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ or designated public resources. e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 0 ❑ Ela,Elb E2g,E2h g.Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 Town Board April 2, 2025 Attachment D (Cont'd) Agency Use Only[IfApplicablel Project: Adoption of the Regulation of Solar Law Date: April 2.2025 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Attached Determination of Significance-Type 1 and Unlisted Actions SEQR Status: m Type 1 El Unlisted Identify portions of EAF completed for this Project: m Part 1 ©Part 2 ©Part 3 FEAF 2019 Town Board April 2, 2025 Attachment D (Cont'd) Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Town Board of the Town of Mamaroneck as lead agency that: m A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.7(d)). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Adoption of the Regulation of Solar Law Name of Lead Agency: Town Board of the Town of Mamaroneck Name of Responsible Officer in Lead Agency: Meredith S.Robson Title of Responsible Officer: Town Administrator Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer(if different from Responsible Officer) Date: For Further Information: Contact Person: Meredith S Robson Address: 740 West Boston Post Road,Mamaroneck,NY 10543 Telephone Number:914-381-7810 E-mail:TownAdministrator@townofinemaroneckny.gov For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City I Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.aov/enb/enb.html PRINT FULL FORM Page 2 of 2 Town Board April 2, 2025 Attachment E t� f�F,yo `' 0 Town of Mamaroneck S " County of Westchester 10543-3353 740 West Boston Post Road,Mamaroneck,NY TEL: 914 /381-7815 COUNSEL FAX:914/381-7809 WMakerJr@TownofMamaroneckNY.org March 14,2025 Westchester County Planning Board Clerk of the Village of Scarsdale Michaelian Office Building Village Hall Post 148 Martine Avenue,Room 414 1001 001sPost RoadNY 10583 White Plains,NY 10601 Clerk of the Town of Harrison Clerk of the City of New Rochelle Municipal Building City Hall—515 North Avenue 1 Heineman Place New Rochelle,NY 10801 Harrison,NY 10528 Clerk of Village of Larchmont Clerk of the Town of Rye Municipal Building 20 Larchmont Avenue 222 Grace Church Street,3rd floor Larchmont,NY 10538 Port Chester,NY 10573 Clerk of the Village of Mamaroneck Village Hall at the Regatta 123 Mamaroneck Avenue Mamaroneck,NY 10543 Re:Proposed Amendment to the Zoning Code Greetings: On April 2,2025,there will be a public hearing on the enclosed local law, which, if adopted,will amend the zoning code of the Townofa ar t e k.This 27notice is bef ing B sent to the Westchester County Planning pursuant e Administrative Code of Westchester County and to the other municipalities pursuant to section 277.71 of that Code. y rs, William Maker,Jr. Attorney for the Town ccs: Allison May,Town Clerk Meredith S.Robson,Town Administrator Town Board April 2, 2025 Attachment E (Cont'd) Local Law No. -2025 This local law shall be known as the"Regulation of Solar Energy"law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: The Town wishes to encourage the forms of energy that do not or minimize the use of fossil fuels. One such form is a system that converts sunlight into energy. Although the Town Board encourages the use of solar energy systems, it finds that regulating the construction and Iocation of solar energy systems is important so that the installation of such systems will not have an unduly negative impact on the character of the Town. Section 2-Adoption of a new Chapter of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended by creating a new chapter that provides as follows: Chapter 181 Solar Energy §181-1 Authority. This local law is adopted pursuant to sections 261-263 of the Town Law and section 20 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Town law of the State of New York, to make provision, so far as conditions may permit, for the accommodation of solar energy systems (defined below) and equipment and access to sunlight necessary therefor. §181-2 Purpose. This chapter is adopted for two purposes. First, to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment,with the following objectives: 1. To take advantage of sunlight, a safe, abundant, renewable and non-polluting energy resource, 2. To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses, Town Board April 2, 2025 Attachment E (Cont'd) 3. To increase employment and business development in the Town,to the extent reasonably practical,by furthering the installation of solar energy systems, 4. To mitigate the impacts of solar energy systems on environmental resources such as trees, wetlands,wildlife,and other protected resources,and 5. To create synergy between the use of solar energy and other goals of the Town's Comprehensive Plan adopted on May 22,2024,and Second, regulate the construction and location of solar energy systems so that the installation of such systems will not have an unduly negative impact on the character of the Town. § 181-3 Definitions. As used in this section, the following terms shall have the meanings indicated,unless the context otherwise requires: BATTERY ENERGY STORAGE SYSTEM One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. A stand-alone 12-volt car battery or an electric motor vehicle shall not be deemed Battery Energy Storage Systems. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM A combination of Solar Panels and Solar Energy Equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials,or shading over windows,which produce electricity for onsite consumption. FACILITY AREA The cumulative land area occupied for the operation of a solar energy generating facility. This shall include all areas and equipment within the facility area's perimeter boundary— including the solar energy system, onsite interconnection equipment, onsite electrical energy storage equipment, and any other associated equipment — as well as any site improvements beyond the facility area's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features. GLARE The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respect. 2 Town Board April 2, 2025 Attachment E (Cont'd) GROUND-MOUNTED SOLAR ENERGY SYSTEM A solar energy system which is secured to the ground via a pole,ballast system, or other mounting system, is detached from any other structure, and generates electricity for onsite or offsite consumption. KILOWATT(kW) A unit of power equal to 1,000 watts. The nameplate capacity of residential and commercial solar energy systems may be described in terms of kW. MEGAWATT(MW) A unit of power equal to 1,000 kW.The nameplate capacity of larger solar energy systems may be described in terms of MW. NAMEPLATE CAPACITY A solar energy system's maximum electric power output under optimal operating conditions.Nameplate Capacity may be expressed in terms of Alternating Current (AC)or Direct Current(DC). NATIVE PERENNIAL VEGETATION Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the NYS Department of Environmental Conservation. POLLINATOR Bees,birds,bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects. ROOF-MOUNTED SOLAR ENERGY SYSTEM A solar energy system located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption. SOLAR ACCESS Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties. SOLAR ENERGY EQUIPMENT Electrical material,hardware,inverters, conduit, energy storage devices,or other electrical and photovoltaic equipment associated with the production and storage of electricity. SOLAR ENERGY SYSTEM The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. Solar energy systems are classified as follows. 3 Town Board April 2, 2025 Attachment E (Cont'd) A. Tier 1 Solar Energy Systems are: 1. Roof-Mounted Solar Energy Systems, 2. Building-Integrated Solar Energy Systems,or 3. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of up to 25 kW AC. B. Tier 2 Solar Energy Systems are Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 25 kW AC but no more than 1 MW AC and which generate no more than 110°k of the electricity consumed on the site over the previous 12 months. C. Tier 3 Solar Energy Systems are: 1. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 25 kW AC but no more than 1 MW AC and which generate 110% or more of the electricity consumed on the site over the previous 12 months,or 2. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of more than 1 MW AC but no more than 5 MW AC. D. Tier 4 Solar Energy Systems are solar energy systems which do not meet the definition of a Tier 1,Tier 2,or Tier 3 Solar Energy System. SOLAR PANEL A photovoltaic device capable of collecting and converting solar energy into electricity. §181-4 Applicability. A. Solar energy systems constructed or installed prior to the effective date of this chapter shall not be required to meet its requirements. B. Modifications to a solar energy system constructed or installed prior to the effective date of this chapter that increases the Facility Area by more than 5%of the original Facility Area shall be subject to this chapter. Additional area endosed due to the relocation of fencing shall not be included when calculating an increase in the size of a Facility Area. §181-5 General Requirements. A. A building permit shall be required for the installation of all Solar Energy Systems. B. Prior to the issuance of the building permit or final approval by the Planning Board, construction and/or site plan documents must be signed and stamped by a New York State 4 licensed Professional Engineer or Registered Architect. 4 4 Town Board April 2, 2025 Attachment E (Cont'd) C. Wherever feasible,the Town Board,the Planning Board and the Board of Appeals may, and are encouraged to, condition approval of proposed developments on sites adjacent to Solar Energy Systems in a manner that will protect access by such Solar Energy System to sufficient sunlight to remain economically feasible over time. D. Issuance of approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617("SEQRA")]. E. All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code("Uniform Code"),the NYS Energy Conservation Code ("Energy.Code"),and the Town Code. F. An applicant for a permit for a Solar Energy System that is subject to site plan review shall be required to pay the fees incurred by the Planning Board as provided in section 177-15 or section 177-14 of the Code. §181-6 Tier 1 Solar Energy Systems. The Solar Energy Systems described in this section are Tier 1 Solar Energy Systems. Tier 1 Solar Energy Systems are permitted accessory buildings in all zoning districts and shall be exempt from site plan review but shall be subject to the following conditions: A. Roof-Mounted Solar Energy Systems (1) Roof-Mounted Solar Energy Systems shall incorporate,when feasible,the following design requirements (exceptions may be approved by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration): (a) Solar Panels on pitched roofs shall be mounted with a maximum distance of eight(8) inches between the roof surface and the highest edge of the system,shall be installed parallel to the roof surface on which they are mounted or attached and shall not extend higher than the highest point of the roof surface on which they are mounted or attached. (b)Solar Panels on flat roofs shall not extend above the top of the surrounding parapet, or more than twenty-four(24)inches above the flat surface of the roof,whichever is higher. (c) To reduce glare,all Solar Panels shall have anti-reflective coating(s). 5 Town Board April 2, 2025 Attachment E (Cont'd) (d) All Roof-Mounted Solar Energy Systems must satisfy the height limitations specified for principal and accessory buildingswithin the zoningdistrict in which the roe is located. (2) Roof-Mounted solar Energy Systems shall be exempt from lot coverage requirements. B. Building-Integrated Solar Energy Systems shall be shown on the plans submitted with the building permit application for the building containing the system. C. Ground-Mounted Solar Energy Systems (a) Ground Mounted Solar Energy Systems must satisfy the setback requirements and the height limitations for accessory buildings within the zoning district in which the property is located. (b) In residential districts, Ground-Mounted Solar Energy Systems shall be installed only in rear yards. (c) To reduce glare,all Solar Panels shall have anti-reflective coating(s) I). All Tier 1 Solar Energy Systems shall be installed or erected in such a way as to minimize their appearance from adjacent properties to the extent reasonably practicable. E. Solar Energy Equipment shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and shading of properties lying to the north,while still providing adequate Solar Access. §181-7 Tier 2 Solar Energy Systems. Tier 2 Solar Energy Systems are permitted accessory buildings in all zoning districts, shall be exempt from lot coverage requirements but shall be subject to site plan approval. Tier 2 Solar Energy Systems shall adhere to the same standards and requirements for Tier 1 Ground-Mounted Systems in Section 181-5. A. In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 2 Solar Energy Systems shall include the following: (1) Name,address,and contact information of proposed or potential system installer and the owner and/or operator of the Tier 2 Solar Energy System. Such information of the final system installer shall be submitted to the building department prior to the issuance of building permit. (2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for a Tier 2 Solar Energy System. 6 Town Board April 2, 2025 Attachment E (Cont'd) (3) Nameplate Capacity of the Solar Energy System(as expressed in kW or MW). (4) Zoning district designation of the Facility Area. (5) Property lines and physical features,including roads,of the Facility Area. (6) Uses of the parcels that are contiguous to the Facility Area. (7) Proposed changes to the landscape of the Facility Area, including site grading,vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage,fencing,landscaping,and screening vegetation or structures. (8) A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of Solar Panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all Battery Energy Storage System components if applicable and include applicable setback and other bulk and area standards. (9) A preliminary equipment specification sheet that identifies all proposed Solar Panels, system components,mounting systems,racking system details,and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit. (10)The FEMA designation of the Facility Area. B.Tier 2 Systems shall adhere to the following standards. (1) Tier 2 Solar Energy Systems shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. (2) Removal of existing trees larger than 6 inches in diameter at breast height should be minimized to the extent possible.The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if in the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 2 Solar Energy System to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the tree planting fund calculated in accordance with section 207-9 A. (3) To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the Facility Area 7 Town Board April 2, 2025 Attachment E (Cont'd) and integrated pest management practices shall be utilized to limit pesticide use(including herbicides)for Iong-term operation and site maintenance. §181-8 Tier 3 Solar Energy Systems. Tier 3 Solar Energy Systems are permitted uses in the following zoning districts only: R-30,R- 50,R-TA,B-R,SB-R,B-MUB and R but shall be subject to site plan approval. A.In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 3 Solar Energy Systems shall include the following: (1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Solar Energy System. Such information of the final system installer shall be submitted to the building department prior to the issuance of building permit. (2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for a Tier 3 Solar Energy System. (3) Nameplate Capacity of the Solar Energy System(as expressed in MW). (4) Zoning district designation of the Facility Area. (5) Property lines and physical features,including roads,of the Facility Area. (6) Uses of the parcels that are contiguous to the Facility Area. (7) Proposed changes to the landscape of the Facility Area, including site grading,vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage,fencing,landscaping,and screening vegetation or structures. (8) A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of Solar Panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all Battery Energy Storage System components if applicable and include applicable setback and other bulk and area standards. (9) A preliminary equipment specification sheet that identifies all proposed Solar Panels, system components,mounting systems,racking system details,and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit. 8 Town Board April 2, 2025 Attachment E (Cont'd) (10)The FEMA designation of the Facility Area. (11) Erosion and sediment control and storm water management plans prepared in accordance with the provisions of Chapter 95 of the Code. (12)A Property Operation and Maintenance Plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming. (13)Decommissioning Plan [see Appendix 1] signed by the owner and/or operator of the Solar Energy System that addresses the following: [1] The time required to decommission and remove the Solar Energy System and any ancillary structures. [2] The time required to repair any damage caused to the Facility Area by the installation and removal of the Solar Energy System. [3] The cost of decommissioning and removing the Solar Energy System, as well as all necessary site remediation or restoration. If the owner or operator of a Solar Energy System changes or there is a change in ownership of the Facility Area,the site plan approval shall remain in effect,provided that the successor owner or operator assumes in writing all obligations of the decommissioning plan.A new owner or operator of a Solar Energy System shall notify the building department of such change in ownership or operator within 30 days of the ownership change. B. Prior to the issuance of a building permit, a decommissioning security deposit shall be made with the Town Clerk in the form of cash,bond,or other form of security reasonably acceptable to the Attorney for the Town in an amount sufficient to ensure the good faith performance of the terms and conditions of the site plan approval. C. The amount of the bond or security shall be 115%of the cost of removal and site restoration for the Tier 3 Solar Energy System and shall be reviewed every 5 years and updated as needed to reflect any changes(due to inflation or other cost changes).The decommissioning amount shall be reduced by the amount of the estimated salvage value of the Solar Energy System. The Building Inspector, the Town Engineer or the Director of Buildings and Land Use Administration may require an estimate of such costs signed and sealed by an engineer licensed by the State of New York. The decommissioning security deposit shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed. 9 Town Board April 2, 2025 Attachment E (Cont'd) D. The Planning Board may issue site plan approval for a Tier 3 Solar Energy System only after it finds that all the following standards and conditions have been satisfied: (1)All utility lines located outside of the Facility Area are designed to be placed underground to the extent feasible and as permitted by the serving utility,with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment,including without limitation any poles,with new easements and right-of-way. (2)Vehicular paths within the Facility Area are designed in compliance with Uniform Code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction. E. No signage or graphic content shall be displayed on the Solar Energy Systems except the manufacturer's name,equipment specification information,safety information,and 24-hour emergency contact information.Such information shall be depicted within an area that is no more than 8 square feet in size. F. Disconnect and other emergency shutoff information shall be displayed clearly on a light reflective surface in a manner that complies with the National Electric Code (NEC), A clearly visible warning sign concerning voltage shall be placed at the base of all pad- mounted transformers and substations. G. All Solar Panels shall have anti-reflective coating(s). H. Lighting of Tier 3 Solar Energy Systems shall be limited to what is minimally needed for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. I. The property on which a Tier 3 Solar Energy System is proposed shall meet the minimum lot size requirements of the zoning district in which the property is located. J. A Tier 3 Solar Energy System shall comply with the setback and lot coverage requirements for principal structures in the zoning district in which the property is located. Fencing, collection lines,access roads and landscaping may occur within such setbacks. K. All mechanical equipment, including any structure for Battery Energy Storage System components, shall be enclosed by a 7-foot-high fence with a self-locking gate to prevent unauthorized access. L. A Tier 3 Solar Energy System on a parcel less than 10 acres shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened to the extent reasonably practicable using architectural features, earth berms, landscaping,or other screening methods that will harmonize with the character of the property and surrounding area. M.A Tier 3 Solar Energy Systems on a parcel larger than 10 acres shall be required to: 10 Town Board April 2, 2025 Attachment E (Cont'd) (1) Conduct a visual assessment of the visual impacts of the Solar Energy System on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided.Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, may be required to submitted by the applicant. (2) Submit a screening and landscaping plan that shows measures to screen views of Solar Panels and Solar Energy Equipment from public roadways and adjacent properties to the extent reasonably practical through landscaping,grading,or other means. (i) The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Town. (ii) The Planning Board may elect to waive certain screening and landscaping requirements in select locations based on an applicant's demonstration of non-impact or impact mitigation on adjacent parcels. N. Removal of existing trees larger than 6 inches in diameter at breast height should be minimized to the extent possible. The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if in the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 2 Solar Energy System to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the tree planting fund calculated in accordance with section 207-9 A. O. Owners of a Tier 3 Solar Energy System shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing Native Perennial Vegetation and foraging habitat beneficial to game birds, songbirds, and Pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes and seed all appropriate areas within the Facility Area, P. To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the Facility Area and integrated pest management practices shall be utilized to limit pesticide use(including herbicides)for long-term operation and site maintenance. Q. A Tier 3 Solar Energy System may not exceed 15 feet in height. 1] Town Board April 2, 2025 Attachment E (Cont'd) §181-9 Tier 4 Solar Energy Systems. All Tier 4 Solar Energy Systems are permitted uses in the following zoning districts only:LI and R and are subject to the site plan approval. A. In addition to the requirements for submitting an application for site plan approval, applications for site plan approval of a Tier 4 Solar Energy System shall follow the same application procedure as for a Tier 3 Solar Energy System. §181-10 Safety. A. Solar Energy Systems and Solar Energy Equipment shall be certified under the applicable electrical and/or building codes as required. B. Solar Energy Systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Town of Mamaroneck Fire Department and,if a Tier 3 or a Tier 4 Solar Energy System is located in an ambulance district,the Town of Mamaroneck Ambulance District. C.If a Battery Energy Storage System is included as part of the Solar Energy System, it shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with all applicable laws and regulations. D. To facilitate access to the Facility Area by local first responders, an emergency key box or similar device shall be installed. The type of box and its location shall comply with Chapter 91 of the Code. §181-11 Abandonment of Approval. A.Site plan approval for a Solar Energy System shall expire if a building permit therefor is not obtained within 36 months after the approval is given. If a building permit is obtained within 36 months after the approval is given but construction is not completed within 12 months after the building permit is issued,the applicant shall be allowed to request two 6-month extensions to complete construction. Approval of a request to extend the time to complete construction shall not be unreasonably withheld. If the owner and/or operator fails to perform substantial construction before the building permit or the last extension thereof expires, the site plan approval shall expire. B. If a Solar Energy System ceases to generate electricity on a continuous basis for twelve consecutive months, the Town may instruct the owner and/or operator of the Solar Energy System to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification. 12 Town Board April 2, 2025 Attachment E (Cont'd) C. If the owner and/or operator fails to comply with decommissioning after being instructed to do so,the Town may utilize the decommissioning security deposit to remove the Solar Energy System and restore the Facility Area in accordance with the decommissioning plan. §181-12 Enforcement. Any violation of this Solar Energy Law shall be subject to the same enforcement procedures, including the civil penalties,provided for violating the Town's zoning or land use laws. Appendix 1:Example Decommissioning Plan Date:[Date.' Decommissioning Plan for[Solar Project Name],Iocated at[Solar Project Address] Prepared and submitted by[Solar Developer Namej,the owner of(Solar Farm Name] The[Solar Developer Namej presents this decommissioning plan for[Solar project Namej(the "Facility"). System decommissioning shall be required as a result of any of the following conditions: 1.The land lease—if any—ends,unless the project owner has acquired the land. 2.The Solar Energy System ceases to generate electricity on a continuous basis for 12 months. 3.The Solar Energy System is damaged and will not be repaired or replaced. If any of the above conditions are met, and upon instruction from the Town, (Solar Developer Name[ shall implement this decommissioning plan. System decommissioning and removal, as well as all necessary site restoration or remediation activities, shall be completed within 12 months. The owner of the land on which the Facility was installed or erected shall restore the property to its condition as it existed before the Facility was installed or erected, pursuant to which shall include the following: 1.Removal of all operator-owned equipment, concrete, conduits, structures, fencing, and foundations located less than 36-inches below the soil surface. 2.Removal of any solid and hazardous waste caused by the Facility in accordance with local, state,and federal waste disposal regulations. 3.Removal of all graveled areas and access roads unless the landowner requests in writing for it to remain. An appendix is included in this plan to provide a project schedule detailing a breakdown of tasks required for the decommissioning removal of the system,including: 1.Time required to decommission and remove the system and any ancillary structures. 2.Time required to repair any damage caused to the property by the installation and removal of the system. 13 Town Board April 2, 2025 Attachment E (Cont'd) The cost of system decommissioning and removal, as well as all necessary site remediation and restoration activities, is estimated to be$IXXX1 as of the date and time this application is filed. A decommissioning security has been executed in the amount of 115% of the cost of system decommissioning,removal,and site restoration. This cost estimate and decommissioning surety may be revisited every 5 years and updated as needed to account for inflation or other cost changes. The owner of 'the Facility, currently 'Solar Developer Name', is responsible for this decommissioning. Facility Owner Signature: Date: Section 3—Amendment_of an Existi g Section of the Code of the Town of Mamaroneck Section 240-21 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraphs(9),(10)and(11): §240-21 One-Family Residence Districts:R-50,R-30,R-20,R-15,R-10 and R-7.5 C.Accessory Uses(when located on the same lot with the principal uses to which they are accessory). (9) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (10) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (11) In R 30 and R-50 zoning districts only, Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. Section 4—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-21.1 C.of the Code of the Town of Mamaroneck is amended to add the following new paragraphs(10),(11),(12 and(13): §240-21.1 Recreation District:R C.Accessory Uses(when located on the same lot with the principal uses to which they are accessory). (10) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (11) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. 14 Town Board April 2, 2025 Attachment E (Cont'd) (12) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. (13) Tier 4 Solar Energy Systems subject to Chapter 181,Solar Energy. Section 5—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-25 of the Code of the Town of Mamaroneck is amended to add the following new subsection D: §240-25 Business-Mixed Use Business District:B-MUB D.Accessory Uses(when located on the same lot with the principal uses to which they are accessory). (1) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (2) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (3) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. Existing subsections D.,E.,F and G.are re-lettered E.,F.,G,and H,respectively. Section 6—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-27 C. of the Code of the Town of Mamaroneck is amended to add the following new paragraph(3): §240-27 Tower Apartment District R-TA C.Accessory Uses(when located on the same lot with the principal uses to which they are accessory). (3) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. Section 7—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-30 D.of the Code of the Town of Mamaroneck is amended to add the following new paragraphs(4),(5)and(6): §240-30 Business-Residential District;B-R D.Accessory Uses(when located on the same lot with the principal uses to which they are accessory), 15 Town Board April 2, 2025 Attachment E (Cont'd) (4) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (5) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (6) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. Section 8—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-31 of the Code of the Town of Mamaroneck is renamed Service Business-Residential District:SB-R and subsection C.is amended to add the following new paragraphs(4),(5)and(6): §240-31 Service Business-Residential District:B-R C.Accessory Uses(when located on the same lot with the principal uses to which they are accessory). (4) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (5) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (6) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. Section 9—Amendment of an Existing.Section of_the Code of the Town of_Mamaroneck Section 240-32 C. of the Code of the Town of Mamaroneck is repeated, and the following is substituted in its place: §240-32 Light Industrial:LI C.Accessory Uses(when located on the same lot with the principal uses to which they are accessory). (1) The same as§240-31,above (2) Tier 1 Solar Energy Systems subject to Chapter 181,Solar Energy. (3) Tier 2 Solar Energy Systems subject to Chapter 181,Solar Energy. (4) Tier 3 Solar Energy Systems subject to Chapter 181,Solar Energy. (5) Tier 4 Solar Energy Systems subject to Chapter 181,Solar Energy. Section 10—Amendment of an Existing Section of the Code of the Town of Mamaroneck Section 240-52 A. of the Code of the Town of Mamaroneck is repeated, and the following is substituted in its place: 16 Town Board April 2, 2025 Attachment E (Cont'd) The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that in any residence district such fence or wall shall not exceed four feet in height in any required front yard and/or five feet in height in any required side or rear yard, except for fences or walls surrounding a Tier 3 Solar System (defined in Chapter 181) which can be as high as seven feet in height.For the purposes of this chapter, the height of any retaining wall shall be included in the computation of the height of a wall or fence placed on top of or above such retaining wall or at a distance of four feet or less horizontally from the retaining wall,in determining whether or not a wall or fence meets the heights restrictions of this provision. Section 11 -Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 12-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 31,2025 17 Town Board April 2, 2025 Attachment F t • a ' er Westchester County Planning Board Referral Review Pursuant to Section 239 L,M and N of the General Municipal Law and ,$unty Section 277.61 of the County Administrative Code Kenneth W.Jenkins Westchester County Executive April 1,2025 Meredith S.Robson,Town Administrator Mamaroneck Town Center 740 West Boston Post Road Mamaroneck,New York 10543-3353 County Planning Board Referral File MMT 25-002—Solar Energy Systems Zoning Text Amendment Dear Ms.Robson: The Westchester County Planning Board has received a proposed amendment to the text of the Town of Mamaroneck Zoning Ordinance to permit and regulate solar energy systems and facilities.The amendment would organize solar systems into four tiers subject to increasing regulations.Tier 1 would consist of rooftop,building-mounted,and ground-mounted systems up to 25 kW,and would be listed as an accessory use requiring a building permit in every zone.Tier 2 would consist of ground-mounted systems between 25 kW and 1 MW,listed as an accessory use requiring site plan approval in all zones. Tier 3 would consist of ground-mounted systems between 1 MW and 5 MW,or ground mounted systems that generate 110%or more of the electricity used by the site,listed as a permitted use requiring site plan approval in the R-30,R-50,R-TA,B-R,SB-R,B-MUB,and R zones.Tier 4 would consist of systems larger than 5 MW,and would only be permitted in the Ll or R zones under site plan approval.Tiers 3 and 4 would require tree mitigation and decommissioning plans. We have no objection to the Mamaroneck Town Board assuming Lead Agency status for this review. We have reviewed the zoning amendment under the provisions of Section 239 L,M and N of the General Municipal Law and Section 277.61 of the County Administrative Code and we find it to be a matter for local determination in accordance with your community's planning and zoning policies. We F commend the Town for incorporating solar regulations into the code and establishing standards to help residents and businesses utilize an important alternative energy resource. Please inform us of the Town's decision so that we can make it a part of the record. Thank you for calling this matter to our attention. Respectfully, WESTCHESTER COUNTY PLANNING BOARD Bernard Thombs Chair,Westchester County Planning Board BT/mv cc: Blanca Lopez,Commissioner,Westchester County Department of Planning 432 Michaelian Office Building 148 Martine Avenue White Plains,New York 10601 Telephone: (914)995-4400 Website: westchestergov.com Town Board April 2, 2025 Attachment G • Town of Mamaroneck — Village of Larchmont COASTAL ZONE MANAGEMENT COMMISSION ��r+ TOWN CENTER:740 West Boston Post Road,Mamaroneck,NY 10543-3353 TEL:914-381-7845 FAX:914-381-8473 conservationdept@townofmamaroneck.nrg April 1,2025 Town Supervisor,Jaine Elkind Eney and Members of the Mamaroneck Town Board Town of Mamaroneck Town Center 740 W.Boston Post Road Mamaroneck,NY 10543 RE: Proposed Amendment to the Zoning Ordinance: Regulation of Solar Energy Law Referred by the Town of Mamaroneck Town Board Dear Supervisor,Elkind Eney: The proposed amendment was discussed at the Coastal Zone Management Commission meetings on February 24 and March 24,2025. The Town Building Inspector provided some written notes explaining that this is the 2016 model code from NYSERDA. We understand that we must adopt the model code to obtain the clean energy credits needed to become a Silver Climate Smart Community. The model can be modified to meet the Town's Zoning and Land Use codes;it does not limit the Town's ability to protect wetlands,trees or floodplains as those ordinances will still apply; and it provides consistent solar system requirements across all municipalities that adopt the model code. CZMC members had only one comment on the proposed ordinance and suggested the following revision to Section 181- 5.C.as follows: Section 181-5 C.Wherever feasible,the Town Board,the Planning Board and the Board of Appeals may,and are encouraged to, condition approval of proposed developments on sites adjacent to Solar Energy Systems in a manner that will protect access by such Solar Energy System to sufficient sunlight to remain economically feasible over time,with the following exceptions: (1)This condition shall not apply to development on adjacent properties that are designed and built"as-of- right",e.g.building heights and setbacks meet applicable zoning requirements. With this revision,CZMC fords the proposed amendment to the Zoning Ordinance to be consistent with the policies in the Local Waterfront Revitalization Program. If you have any questions or comments regarding this matter,please do not hesitate to contact the Town of Mamaroneck Environmental Planner,Elizabeth Aitchison at(914)381-7845. Very truly yours, ,k. C, d 'Pk - - Dr.C.Alan Mason,Chairman CZMC CZMC:ea CC: CZMC Members Meredith S.Robson,Town Administrator William Maker,Jr.,Attorney for the Town Richard Polcari,Building Inspector I Town Board April 2, 2025 Attachment H 0 Z Town of Mamaroneck Town Center ~FOUNDED 1661• 740 West Boston Post Road,Mamaroneck,NY 10543-3353 REPORT AND RECOMMENDATION OF THE TOWN OF MAMARONECK PLANNING BOARD ON THE TOWN BOARD'S PROPOSED SOLAR ENERGY LAW The following is submitted on behalf of the Town of Mamaroneck Planning Board, copied on this message: At the March 12, 2025 meeting of the Town Planning Board, the Board discussed the referral made by the Town Attorney on February 7, 2025 regarding the proposed solar energy law. In accordance with section 240-92.B of the Mamaroneck Town Code, below is the Planning Board's report: 1. The Planning Board is in favor of the Town updating its solar energy law to reflect current requirements and best practices. 2. The Planning Board recommends that prior to opening a public hearing, the proposed law be timely referred to the Westchester County Planning Board for review and comment. 3. The Planning Board asserts that there are Town employees or departments other than the Planning Board with greater understanding of the relevant technical requirements and recommends that the Planning Board be granted jurisdiction only if the proposed Solar Energy System is an integral element of a commercial or residential site plan application submitted for Planning Board approval. 4. The Planning Board expressed specific concern about proposed Sec. 181-5.0 which states: "Whenever feasible, ... the Planning Board ... [is]encouraged to condition approval of proposed developments on sites adjacent to Solar Energy Systems in a manner that will protect access by such Solar Energy System to sufficient sunlight to remain economically feasible over time" Planning Board members stated that this language lacks clarity with respect to the term "feasible" and gives rise to potential legal exposure associated with depriving a subset of property owners (those adjacent to Solar Energy Systems) of rights enjoyed by owners of properties that are not adjacent to Solar Energy Systems. Specifically, Planning Board members expressed concern about imposing restrictions on the same subset of property owners which would limit the height of structures below what would otherwise be permitted as-of-right. There was also concern expressed about how this provision would relate to trees on sites adjacent to Solar Energy Systems. 5. Planning Board members recommended that in each instance where the proposed legislation references "site plan", it should be specified whether it is for residential site plan, commercial site plan, or both. 6. Board members observed that in proposed Sec. 181-8.N there is an inadvertent reference to a Type 2 Solar Energy Facility where it should be Type 3. Town Board April 2, 2025 Attachment H (Cont'd) Respectfully submitted by Lisa Hochman, counsel to the Planning Board Town Board April 2, 2025 Attachment H (Cont'd) �9 �9 0� �Z Town of Mamaroneck "I Town Center F'FOUNDED 1661 7' 740 West Boston Post Road,Mamaroneck,NY 10543-3353 Below is an email drafted by Ralph Engel Re:the proposed amendment to the zoning ordinance. This is on the agenda to be discussed at the March 12th Planning Board meeting. On Mar 2, 2025, at 4:33 PM, Ralph <engelesq@gmail.com>wrote: Liz, As you know,the last item on the March PB agenda is a discussion of the above, potentially to be followed, very rapidly unless the PB, possibly via our new liaison, Robin, can get an extension from the TB, by a report by the PB to the TB (see Bill Maker's 1/31/25 memo to Meredith and to Allison). Below are my comments based upon my once-over review of the above (the best I can do at present): 1. On page 4, in Section 181-4, I suggest that the following wording should be added to the start of paragraph B,to clarify that 181-4B. overrides 181-4A.: "Anything in paragraph A. of this section to the contrary notwithstanding, " 2. On page 5, in Section 181-5C., the language seems to me to limit what owners of adjacent sites may do, if those sites are to be developed, as to, among other things, locating any building(s)and any trees on the adjacent site. For example, the owner of the adjacent site might be precluded by that paragraph from planting trees on his/her property, since trees may grow and, "over time", may interfere with"access by such Solar Energy System to sufficient sunlight to remain economically feasible over time." This is the opposite of the position the TB took as to the relative rights of adjacent landowners when it enacted the Tree Law not long ago. Furthermore,what does"economically feasible over time" mean, and how is the PB to determine same? 3. On that same page, in the introductory paragraph to Section 181-6, I suggest that the words"or uses" are missing after"buildings" in the second line. 4. In 181-6 A. (1)(c), and this also appears elsewhere, glare depends upon where the observer happens to be. Solar panels might glare significantly if one happens to be standing in front of them, or across the street, or on the street, or primarily, or exclusively, at certain times of day during certain seasons of the year. Each of us has no doubt been bothered by glare from the sun bouncing off cars, or cars'windows. The language provides no standard, and it provides no direction as to the extent glare is to be reduced (many if not most solar panels glare because the sun hits them (which is the whole point)and is reflected; there are no doubt several types of "anti-reflective coating(s)",which reduce glare to varying degrees, but the paragraph says nothing about the extent to which the glare is to be reduced. 5. On page 6, in paragraph B, the building rarely contains the system. I suggest that other wording is appropriate. 6. Please see paragraph C.(c)on that page for another reference to"glare." Town Board April 2, 2025 Attachment H (Cont'd) 7. In paragraph E on that page, I suggest that the TB wants to"minimize blocking the views from surrounding properties", not, as written, "the views of surrounding properties". Akin to"glare", this comes up more than once in the proposed new law. 8. In 181-7 A., the proposed law provides that: "In addition to the requirements for submitting an application for site plan approval or residential site plan approval..."but then, in the very same paragraph, only refers to"site plan approval", which at least suggests that it does not apply to"residential site plan approval". This wording issue also appears later on in the proposed new law. 9. In paragraph A. (1)near the bottom of that page, I suggest that the word "a" is missing from the end of the penultimate line. 10. In paragraph (8)on page 7, in the penultimate line, I suggest that the word "include" should be replaced by the words "comply with". 11. In paragraph B. (1)on that page, once again the language says minimizing "blocking the views of surrounding properties"whereas, I suggest, it should say"blocking the views from surrounding properties". 12. In paragraph 181-8 A., on page 8, again the language first refers to"site plan approval or residential site plan approval" but then, in the same sentence, only to"site plan approval". 13. In paragraph A. (1)on that page, in the penultimate line, I suggest that the word "a" is missing before the word "building". 14. Please see my comment#10 above as to paragraph A. (8)on page 8. 15. In paragraph A. (13), on page 9, who makes those determinations? Is the PB, at the applicant's expense, to hire an expert to do so? Is it simply to agree with whatever the applicant says? 16. In that same paragraph, in the introductory language, the Decommissioning Plan" is to be"signed by the owner and/or operator"of the system. The next (unnumbered) paragraph provides that if the owner or operator changes, "the site plan approval [note no reference to residential site plan approval]shall remain in effect, provided that the successor owner or operator assumes in writing all obligations of the decommissioning plan." The successor"shall notify the building department of such change in ownership or operator within 30 days of the ownership change." What if the successor doesn't do so, or doesn't do so timely? The 30 days run from "the ownership change", so that, if it's only the operator that changes, the time period never runs. 17. In paragraph C. on page 9, the cost of removal "...shall be reviewed every 5 years and updated, as needed...." By whom? At whose expense? What if the Town and the owner or operator disagree? What does"as needed" mean in this context? 18. Although the section deals with site plan approval as well as residential site plan approval, paragraph D. on page 10 only deals with site plan approval. Is that on purpose? 19. In paragraph D. (1), on page 10, why are utility lines "designed to be placed underground" instead of being required to be placed underground? Town Board April 2, 2025 Attachment H (Cont'd) 20. In paragraph E,which is apparently designed to limit signage, why is that limit"...,no more than 8 square feet in size"? That's a very large sign. 21. In paragraph F on that page, why is there no limit to the size of the sign required by that paragraph? 22. Paragraph G on that page again refers to"anti-reflective coating(s)." 23. Paragraph L on that page refers to"a parcel less than 10 acres",whereas paragraph M refers to"a parcel larger than 10 acres..." Neither paragraph, however, covers a parcel that is 10 acres in size. 24. Page 11 refers to Tier 3 systems, but,for some reason, the reference in paragraph N. on that page refers to Tier 2 systems. I suggest that that may be incorrect. 25. Paragraph Q. on that page limits the height of Tier 3 systems to 15 feet. Measured from where? 26. The sections on Tier 1, Tier 2 and Tier 3 systems cover the deconstruction cost deposit, but I find no mention of it in section 1891-9 on page 12. Why? 27. Section 181-11 A. deals with the expiration of"site plan approval"for solar energy systems, but does not also cover"residential site plan approvals". Why are the residential ones, as to solar energy systems, not subject to the same time limit? 28. The same paragraph permits an applicant to request two six-month extensions. From whom? What standard covers issuing, or not issuing, such extensions? 29. Section 181-11 does not deal with what happens if the deposit is insufficient, nor does it deal with what happens to any left-over funds. What if the owner or operator, whoever is on-the-hook, has no other assets, such as because it is a single- purpose LLC? 30. In Appendix 1, on pages 13 and 14,why are paragraph numbers 1 and 2 used three times, and paragraph 3 twice? 31. In the third line on page 14, I suggest that the word "deposit" is missing after the word "security" in the third line. 32. In the penultimate line above the signature line on that page, if the Owner is responsible for the decommissioning, why does the wording within the brackets read: "Solar Developer Name"? Please pardon the typos. This is the best I can do at the moment. There may well be more, and/or other, points to consider raising, but I leave those to the rest of the members of the PB, and to Lisa. Ralph M. Engel engelesq@gmail.com Town Board April 2, 2025 Attachment I l DECEMBER 18,2024 VOTE TO ADOPT THE 2025 BUDGET - I 2025 Estimated Projected Appropriated 2025 %Of % Unassigned 2025 Budgeted 2025 Budgeted Unassigned Of Fund FB for Capital Appropriation Expendit Revenue Fund Balance Revenue Expenses Balance @ Transfer/1- for Operating ures @ 1/1/25 12/31/25 Time GENERAL $7,459,063 $14,314,171 $15,491,171 100,000 $1,077,000 $6,282,063 41% 44% TOWNWIDE PART TOWN 4,241,066 18,572,650 19,139,850 347,000 220,200 3,673,866 19% 20% HIGHWAY 2,660,691 6,978,000 7,263,000 285,000 - 2,375,691 33% 34% FIRE DISTRICT 1,064,692 5,437,100 5,437,100 - - 1,064,692 20% 20% ST.LIGHT DIST 176,662 331,300 331,300 - - 176,662 53% 53% AMBULANCE 383,382 2,196,530 2,196,530 - - 383,382 17% 17% GARBAGE 621,185 2,784,100 2,844,100 60,000 561,185 20% 20% SEWER 269,847 773,000 773,000 - - 269,847 35% 35% WATER 1,196,607 2,124,461 2,274,461 150,000 - 1,046,607 46% 49% DEBT SERVICE 6,010,037 4,764,051 6,124,798 - 1,360,747 4,649,290 - - TOTAL $24,083,232 $58,275,363 $61,875,310 $942,000 $2,657,947 $20,483,285 33% 35% Town Board April 2, 2025 Attachment I (Cont'd) April 2,2025 Lookback for Year 2024 Projected 2025 Pro ected Projeted Fund %Of %Of 2025 Budgeted 2025 Budgeted ] Balance @ Expendit Fund Unassigned Revenue Expenses Net Result Revenue Fund Balance 12/31/25 ures $8,045,382 $14,314,171 $15,491,171 ($1,177,000) $6,868,382 47,98% 44.3% Tl11A�Illull r\C . PART TOWN 5,117,405 18,572,650 19,139,850 ($567,200) $4,550,205 24.50% 23.8% HIGHWAY 2,940,320 6,978,000 7,263,000 ($285,000) $2,655,320 38.05% 36.6% FIRE DISTRICT - 1,116,463 5,437,100 5,437,100 - $1,116,463 20.53% 20.5% ST.LIGHT DIST 164,668 331,300 331,300 - $164,668- 49.70% 49.7% AMBULANCE 462,407 2,196,530 2,196,530 - $462,407 21.05% 21.1% GARBAGE 612,033 2,784,100 2,844,100 ($60,000) $552,033 19.83% 19.4% - SEWER 254,933 773,000 773,000 - $254,933 32.98% 33.0% , WATER 978,080 2,124,461 2,274,461 ($150,000) $828,080 38.98% 36.4% DEBT SERVICE 6,497,283 4,764,051 6,124,798 ($1,360,747) $5,136,536 107.82% 83.9% TOTAL $26,188,974 $58,275,363 $61,875,310 ($3,599,947) $22,589,027 38.76% 36.5% Town Board April 2, 2025 Attachment J TOWN OF MAMARONECK FROM: TRACY YOG111AN-TOWN COMPTROLLER RE: Fire Claims Date April 02,2025 The following Town of Mamaroneck Fire Department claims have been certified by Chief Alex Rapp and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION AMOUNT Fire uniform pins,EMS bags,cleaning rags&towels, Marching Band gloves,bathroom brushes&holder,sheet rock Amazon.Com screws,ID covers $ 599.25 AAA Emergency Supplies Masks repair $ 617.89 k. Chatsworth Cleaners Uniform maintenance-Feb 2025 $ 47.99 Grainger Trash bags for building ,$ 41.79 Morris-Croker LLC Gloves _ $ 109.95 Ready Refresh Water Cooler rental 1/19-2/28/25 $ 195.96 ( Sound Shore Pest Control Exterminating services 2/25/25 $ 70.00 Town of Mam'k Fire Dept March Dept Drill supplies $ 161.43 Tony's Nursery,Inc. Propane for grill $ 33.99 United Door Garage door repair . $ 545.00 Verizon Fire HQ service 3/10-4/9/25 $ 296.12 Total $ 2,719.37 Page 344 of 618