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HomeMy WebLinkAbout2025_04_09 Planning Board Minutes• FuuNoED 1 r561 PRESENT: MINUTES Planning Board Meeting Wednesday, April 9, 2025 Town Center — 740 W. Boston Post Road, Mamaroneck, NY,10543 7:30 PM Ralph Engel, Chair Elizabeth Cooney, Vice Chair Ira Block, Board Member Ron Mandel, Board Member Sarah Dunn, Alternate Board Member James Carroll, Alternate Board Member ABSENT: Edmund Papazian, Board Member ALSO PRESENT: CALL TO ORDER Carol Murray, P.E., Deputy Town Engineer Elizabeth Aitchison, Environmental Planner Anthony Oliveri, P.E., Consulting Engineer Lisa Hochman, Counsel to the Planning Board Jami Sheeky, Planning Board Secretary Peter Feroe, AKRF, special consultants to the Planning Board in connection with potential impacts related to traffic, schools and contamination from a prior oil spill The meeting was called to order at 7:30 P.M. The Secretary called the roll and established that a quorum was present. The Secretary stated that all applications on the agenda for public hearing were duly noticed and all documents to be discussed had been posted to the Town website at least 24 hours prior to the meeting, except for the Parts 2 & 3 of the EAF and draft negative declaration for the application at 2399 Boston Post Road, which were posted the morning of the meeting and hard copies were made available to meeting attendees. MINUTES The Board discussed the draft minutes of the March 12, 2025 meeting. Motion: To approve the draft minutes of March 12, 2025 Moved by Elizabeth Cooney seconded by Ira Block Action: Approved Abstained: Ralph Engel Planning Board April 9, 2025 Application #1 — 2399 Boston Post Road - 2399 Boston Post Road Rlty Co. - Site Plan, Wetlands & Watercourses Permit, Special Use Permit — Continued Public Hearing Planning Board member, James Carroll, who had recused himself from this matter at the March 12 Planning Board meeting, stepped off the dais. Janet Giris, of DelBello Donnellan Weingarten Wise & Wiederkehr, counsel for the applicant, was present and stated that the applicant has proposed to remove the proposed rooftop pergola and submitted a letter explaining the SEQRA process. She stated that she reviewed the changes to the draft SEQRA documents and that the draft Part 3 (negative declaration) addresses all of the moderate impacts indicated in draft Part 2. She introduced members of the applicant's team to address public written comments received after the March 12th meeting. Brian Dempsey of DTS Provident, traffic consultant to the applicant, responded to public written comments regarding the methodology of the traffic study and parking concerns. Peter Feroe, Vice President of Planning and Land Development for AKRF, consultant to the Planning Board, explained why he concurs with the methodology and analysis conducted by the applicant's team. Jeri Barrett, landscape architect for the applicant, addressed a public written comment to plant larger trees. Elizabeth Aitchison, the Town's Environmental Planner, answered questions from Board members. Doug Bloom of 22 Myrtle Boulevard raised concerns about nature protection. Steven Feinstein of Feinstein & Naishtut, LLP, spoke on behalf of Larchmont Mamaroneck Concerned Citizens, LLC, a group of neighbors who established an LLC to hire an attorney to represent their interests in connection with this project. On behalf of his clients, Mr. Feinstein raised concerns about the methodology used to conduct the applicant's traffic study, parking, soil testing on the former gas station property and the architectural style of the proposed buildings. He referenced his written statement dated April 8, 2025, which had been earlier submitted and entered into the record. Jake Cutler of 7 Edgewater Place expressed concerns about overcrowding in schools, parking, and noise from the rooftop. Mr. Cutler also requested that the public hearing remain open. Mr. Feroe explained why he concurs with the applicant's school enrollment projections. Jacob Zakif expressed concerns about the taxes going up. Samson Muller of Dillon Road expressed concerns about contamination at the former gas station site. 2 Planning Board April 9, 2025 Jennifer Schidlow of 15 Deane Place requested an Environmental Impact Statement be required. At the request of Chairman Engel, Elizabeth Aitchison, Environmental Planner to the Town, read and explained changes to Part 2 of the draft Environmental Assessment Form (EAF). Ms. Aitchison then read the draft negative declaration, which was revisedto reflect comments proposed by Planning Board members at the March 12th Planning Board meeting. The Planning Board discussed the EAF Parts 2 and 3. Issues discussed included parking, traffic, landscaping, construction, the architectural design of the building and wetlands. Further revisions to the draft negative declaration were proposed and discussed. Motion: To adopt the negative declaration, as revised Moved by Ira Block seconded by Elizabeth Cooney Action: Unanimously approved NEGATIVE DECLARATION 2399 Boston Post Road, Town of Mamaroneck 2399 Boston Post Road Rlty Co. 2399 Boston Post Road Realty Corp. (the "Applicant") has applied for a Special Use Permit, Commercial Site Plan Approval, a Wetlands and Watercourses Permit and a Tree Removal Permit to construct two, four-story, multi -family residential buildings containing 36 dwelling units, 61 parking spaces and related infrastructure and open space (the "Proposed Action"). The Proposed Action will include 2399 and 2417 Boston Post Road and 6 and 10 Deane Place (Block 505, Lots 405, 409, 433 & 446) (the "Property"). After a review of the application and as set forth below, the Town of Mamaroneck Planning Board concludes that the Proposed Action will not result in any significant adverse environmental impacts. The Property is located between the Boston Post Road and the Premium Marsh Conservation Area. A small area of tidal wetlands is present on the site. The Property is occupied by 2 single-family homes, a mixed -use building, a diner, a former gas station and parking areas. These parking areas extend into the wetlands buffer area and there are invasive plants and debris present. Adjacent to the Property is the Premium Marsh Conservation Area, which is a part of a Critical Environmental Area (CEA) and a Significant Wildlife Habitat. According to the New York State Environmental Quality Review Act ("SEQRA") and the Environmental Quality Review regulations of the Code of the Town of Mamaroneck ("MEQR") Section 92-3, any unlisted action located partly or wholly inside or substantially contiguous to a CEA is to be treated as a Type I action. The Planning Board, as lead agency, has determined that the Proposed Action is a Type I Action, and has taken a hard look at the potential for the Proposed Action to create any significant impact to this neighboring area and to the environment. The Planning Board has reviewed the full environmental assessment form, and all the materials presented and concluded that the Proposed Action will not create any significant environmental impacts. 3 Planning Board April 9, 2025 The Proposed Action includes the removal of the existing structures from the Property. The 2 new apartment buildings will be located- as close to Boston Post Road as possible, with the parking area behind the buildings. No construction will occur within the tidal wetlands area or the adjacent CEA. Any existing trash or debris will be removed from the tidal wetlands, located on the Property, by hand. In the rear of the property, invasive plants and the old asphalt pavement will be removed, a mitigation planting area with a walking path will be created and planted with trees and native plants to restore habitat and provide open space for the residents. As a part of Proposed Action, 17 trees will need to be removed, and 106 new trees will be planted. A study of the Property was conducted by Paul J. Jaehnig, Wetlands and Soils Consulting on May 10, 2023, with revisions July 14, 2023, January 20, 2024 & April 22, 2024. He met with representatives of the NYSDEC at the Property to identify the wetland boundary and to discuss the Proposed Action with their staff. Because the site contains tidal wetlands, the applicant will be required to comply with all requirements of NYSDEC and must obtain any necessary permits. Mr. Jaehnig prepared a study of the existing and proposed conditions. Because of the proposed replacement of hardscape, invasive plants and debris with mitigation plantings and open space, he concluded that there .would be no impact to wildlife habitat from the proposed action and anticipated an improvement in overall habitat conditions. The Coastal Zone Management Commission (CZMC) met with the Applicant and their consulting team at its meeting on June 24, 2024. Chapter 8 of the Town Code states that the purpose of CZMC is "...to monitor and coordinate the implementation of the Local Waterfront Revitalization Program of the Town of Mamaroneck and the Village of Larchmont." CZMC reviewed the policies in the Local Waterfront Revitalization Program, specifically those addressing protection of Critical Environmental Areas and Significant Habitats, requiring that a habitat impairment test be conducted. As a part of this test, CZMC considered the physical, biological and chemical parameters required to determine if the proposed activity would impact water quality, habitat or loss of wetlands. The applicant presented plans to restore and enhance the wetlands buffer, promoting this policy. CZMC issued a letter on July 2, 2024, stating that the Proposed Action is consistent with the policies in the Local Waterfront Revitalization Program. In this letter, CZMC expressed concerns about the provision of adequate parking and any potential traffic impacts. Other sources of information were consulted to verify CZMC's findings that the Proposed Action would not destroy or significantly impair the viability of a habitat. This habitat impairment test is required under policies 7 and 7A of the Local Waterfront Revitalization Program. It was confirmed that no impact would occur to wildlife habitat in the neighboring Significant Habitat Area and the Proposed Action would in fact promote these policies by improving wildlife habitat in the Wetland Buffer Zone over pre-existing conditions. These sources of information include: • The Coastal Fish and Wildlife Habitat Rating Form, completed for the Premium River -Pine Brook Wetlands Significant Habitat for the New York State Department of State, Significant Coastal Fish and Wildlife Habitats Program, which is a Part of the New York Coastal Management Program. • A Compliance Report of Policies No. 7 &7A In the Local Waterfront Revitalization Plan", dated December 26, 2024, and prepared by Paul Jaehnig, the Wetlands and Soils Consultant for the Applicant. 4 Planning Board April 9, 2025 In response to the concerns of CZMC and the public for adequate parking, the applicant has added additional parking spaces and now proposes 61 parking spaces (more than required by the Town Zoning Ordinance). DTS Provident Design Engineering, LLP prepared a traffic study including a parking assessment on behalf of the Applicant. This study was reviewed by AKRF, Inc., a consulting firm retained by the Planning Board to evaluate the study. AKRF stated that the traffic study was adequately prepared. Therefore, the Planning Board finds that the Proposed Action will not significantly increase the traffic or parking demand on local roads or intersections. A study was conducted by RCLCO Real Estate Consulting to estimate the number of school -aged children that might be added to the Mamaroneck School District. Based on other similar projects in the area and census data, it is estimated that 4 to 7 children could be added to the district. A further analysis was conducted to determine if the cost per student would be offset by the school tax revenue generated. This study indicated that the school tax revenue collected would be sufficient to provide resources for these additional students. On the Property, there is a former gas station at the corner of Boston Post Road and Deane Place. According to NYSDEC, in 2002, five underground storage tanks were removed, along with contaminated soil. Monitoring wells were installed and in 2011, NYSDEC determined that the spill record could be closed with no further action required. The Planning Board retained AKRF Environmental, Planning, and Engineering Consultants to review the applicant's analysis of potential impacts to the school district, traffic and transportation, and the former gas station. AKRF in a Memorandum dated July 1, 2024, provided its findings after reviewing the project plans, the traffic study, the student generation analysis, Part 1 of the Full Environmental Assessment Form and correspondence from NYSDEC pertaining to the spill incident at the former gas station. AKRF confirmed that the traffic and school analyses were conducted properly and concurred with the applicant's consultants that no significant impacts to traffic, parking, transportation or school enrollment would be caused by the Proposed Action. AKRF provided an updated report, dated March 20, 2025, to investigate claims that school populations are increasing, not declining. This report's summary states that the total enrollment of the district is down from the peak, enrollment is relatively flat with a slight decline, Mamaroneck High School and Hommocks Middle school enrollment is increasing due to large cohorts moving throughout the system and the elementary school enrollment is expected to decrease slightly due to lower birthrates than in 2020. After reviewing the school enrollment analysis submitted on behalf of the applicant, in conjunction with the reports issued by the Planning Board's consultant (AKRF), the Planning Board concludes that the Proposed Action will not have a significant impact on area schools. The applicant will be required to follow NYSDEC's regulations during redevelopment and has agreed to prepare a Material Management Plan (MMP) that would identify the Areas of Concern (ADCs), describe how AOC's will be addressed, the regulatory implications for site soil and fill, how soil will be characterized for purposes of handling and disposal, and how future mitigation (i.e., vapor barrier) will be handled. Further, the Applicant agreed that the MMP would be reviewed by the Town and would 5 Planning Board April 9, 2025 require the Town's approval prior to the disturbance of on -site soil. AKRF agreed with this measure in place, there would be no significant adverse impacts from the former gas station's use of the property. The Planning Board finds that the MMP, together with applicable NYSDEC requirements, will mitigate to the greatest extent practicable any speculative impacts related to prior oil spills and that no further environmental investigation is warranted at this time. The Planning Board considered the impacts to land and surface water from construction, which is anticipated to take 2 years but in only one phase. A Stormwater Pollution Prevention Plan (SWPPP) is required by the NYSDEC and has been prepared by Hudson Engineering & Consulting, P.C. This plan demonstrates the methods that will be used to protect the on -site and adjacent wetlands from stormwater runoff, soil erosion and sedimentation during and after construction. During construction, NYSDEC requires the site to be inspected daily by the contractor and weekly (and after every ''A inch or greater rainstorm) by a qualified inspector to ensure compliance. The specific practices to be implemented are detailed in the applicant's SWPPP document and shown on the stormwater management and sediment and erosion control plans prepared by Hudson Engineering. Post -construction practices include the use of permeable surfaces on access drives and a hydrodynamic separator for the removal of contaminants from runoff. These plans have been reviewed by the Town's consulting Engineer, Anthony Oliveri, P.E. of AI Engineers, and found to be compliant with the NYSDEC requirements. The Planning Board therefore finds that the Proposed Action includes appropriate mitigation measures to avoid or minimize to the greatest extent practicable impacts to wetlands and waterbodies. The Planning Board considered impacts to the 100- year floodplain. A review of the Stormwater Pollution Prevention Plan and Drainage Analysis has been conducted by the Town's consulting engineer, who has confirmed that there will be no increase in the peak rate of stormwater discharged from the site. To assess changes to the floodplain, a flood storage analysis was conducted by Hudson Engineering to compare conditions before and after development. The review of this drawing by the Town's consulting engineer confirmed that no reduction to flood storage volumes will be caused by re- grading the property. In addition, much of the development has been kept as far away from the 100- year floodplain as possible. Therefore, the Planning Board finds that the Proposed Action will not significantly impact flood storage. A lighting analysis was completed by RAB Lighting, Inc. and dated October 13, 2023. This plan shows that all lighting will be contained to the property using minimal downward -directed lighting units. The Planning Board considered the potential for impacts on aesthetic resources. The Proposed Action will be visible from the adjacent Premium Marsh Conservation Area. The building will be 600 feet from the trail that runs through the conservation area. The landscaping plan includes the protection of over a dozen existing trees and the planting of 20 new trees in the rear of the property, oaks, maples and tupelos, that will provide screening to the neighboring conservation area. Within the conservation area, there are many mature trees screening the view in the direction of the proposed Action and the primary focal point of the property is towards the marsh, the houses on Deane Place and Lorenzen Field, away from the Proposed Action. For these reasons, the Planning Board finds that there will be no significant impact on the aesthetic enjoyment of the Premium Marsh Conservation Area and that there will be no significant impact to recreational or tourism -based activities. 6 Planning Board April 9, 2025 The potential for noise impacts was considered. During and after construction, the Proposed Action will be required to comply with the laws of the Town of Mamaroneck governing noise, which regulates construction noise and permitted hours as well as unacceptable levels of noise from residential properties. Therefore, the Planning Board finds that while there will be noise from construction and the normal use of the Property by residents, the amount of noise is both durationally limited and too speculative to be accurately predicted. The Planning Board determines that the Proposed Action is consistent with community plans and community character. The Town's Comprehensive Plan, adopted by the Town Board on May 22, 2024, Quality Neighborhood Goal 2: Create A More Diverse Housing Stock, supports the reuse of underutilized properties for housing. This goal also recommends determining if there are any existing regulatory barriers to the development of multifamily housing, senior housing, smaller homes and affordable and missing middle housing. Quality Neighborhood Policy 3A, supports the creation of new affordable housing units. The Proposed Action furthers these goals by reusing the former gas station property and providing 4 affordable housing units. The Town of Mamaroneck Building Inspector in a memo dated April 7, 2025, has verified that the Proposed Action is fully zoning compliant. In addition, the Planning Board finds that the proposed buildings are compatible with the existing built environment of this portion of the Boston Post Road, and contributes to a healthy mix of retail, commercial and residential uses. In addition to the Coastal Zone Management Commission mentioned earlier, the application has been referred to the following agencies for comments, in accordance with SEQRA requirements. As summarized below, the Planning Board considered all such agency comments before making its findings. • Westchester County Planning Board — A letter was received, dated June 11, 2024. To summarize the letter, the County Planning Board, o "...agreed the proposed development would direct an appropriate level of residential density to the area and provide much needed housing for the Town and County." o suggested the building at 2417 Boston Post Road be retained. o recognized the applicant for including four affordable housing units within the development and encourages the Town to continue to work with applicants to provide as many affordable housing units as possible in future developments. o suggested orienting the building entrances towards the Boston Post Road. o suggested that assistance be provided to any displaced residents. o recommends that construction and alteration of land within regulated wetlands and stream/wetland buffers be avoided. "However, the majority of the disturbance that would take place involves the removal of existing structures and parking lots that currently exist within the buffer area. The applicant has provided a wetlands survey that describes the current state of the property, as well as explains the mitigation and replanting efforts to be undertaken. We appreciate that the applicant would be removing impervious surfaces from the buffer area, though note that the applicant is considering the installation of a new, smaller parking lot within the buffer." o Encouraged the Town to reduce the amount of required parking by utilizing the County's Transportation Demand Management Toolkits. 7 Planning Board April 9, 2025 o Contact the Westchester County Department of Public Works and Transportation to determine if a new northbound bus stop could be added at the comer of Deane Place in order to facilitate transit service for residents. o The Town and applicant should work with NYS DOT to install a crosswalk with rapid flashing beacons at the intersection of Deane Place/Winans Street and Boston Post Road, in order to provide safer access to the bus stop and promote pedestrian connectivity within the neighborhood. o Municipal governments should require the applicant to identify mitigation measures that will offset the projected increase in sewage flow to the county treatment facility by reductions in inflow/infiltration (I&I) at a ratio of three for one for market rate units and a ratio of one for one for affordable units. o Bicycle storage and e-bike charging should be provided. o "The applicant has included a Stormwater Pollution Prevention Plan, indicating drainage infrastructure would be installed to direct treated stormwater into the wetlands. We appreciate that the applicant has indicated the use of permeable pavement for the maintenance access drives, as well as a revitalization of the on -site wetlands and buffer area. o "We commend the applicant for proposing to install green roofing on the buildings, as well as to include electric vehicle charging stations. We encourage the applicant to include as much additional green, or sustainable building technology as possible within the proposed development." o Verify that there is sufficient space to accommodate the storage needs for recyclables under the County's recycling program. o consider the principles of universal design in this development to allow residents to age in place as well as to provide access for persons with mobility issues. ,• In Response to the comments from the Westchester County Planning Board's recommendations: -The Town already requires inspection of sewer laterals from private homes for leaks and illegal connections to the sewer system and requires a discharge compliance inspection be conducted at the time property ownership is transferred. This could be recommended as a change to the Town Code for future development but is not a current requirement. - Bicycle storage and e-bike charging are included in the proposed action. -Recycling areas are included in the proposed action. -The development as proposed will be ADA compliant. -The Town of Mamaroneck Planning Board decided against orienting the building entrances towards Boston Post Road. -The Town of Mamaroneck Planning Board decided against retaining the existing building at 2417 Boston Post Road. • Westchester County Department of Health — No response received. • Westchester County Department of Environmental Facilities— No response received. • Westchester Joint Water Works provided the following comments: o The 3 existing single-family residences on Dean Place proposed to be demolished are outside of WJWW's district and are currently Larchmont Water Department customers. 8 Planning Board April 9, 2025 These properties will need Demo Approval Letters or letters confirming that these properties have severed their water services with Larchmont. o There is an existing water manhole and vault located in the sidewalk on the South Side Deane Place, east of the existing fire hydrant. This should be reflected on the Utility plans as this infrastructure shall remain undisturbed. o Following WJWW's normal procedure for developments of this nature, an evaluation will be required to be performed to assess the impact of the project on water pressure and capacity first before we would be able to issue a Will Serve Letter or authorize this development to connect to WJWW's public water supply. This evaluation at a minimum would include hydraulic modeling to analyze any system improvements required to mitigate the impact to the public water supply as a result of this project. This modelling will be funded by the developer and performed by our consultant through Westchester Joint Water Works. o Prior to water services being given to the property, various appropriate documentation and submittals will be required to be submitted for Application of Water Service, Backflow applications, etc. to WJWW for approval. • New York State Department of Environmental Conservation (NYSDEC)/ United States Army Corps of Engineers — A response was received on June 7, 2024. In summary, o NYSDEC determined that no Protection of Waters Permit was required to disturb the banks of the Premium River which is listed as non -protected by the State. However, the Applicant is still responsible for ensuring that work does not pollute any stream or waterbody. o The Stormwater Pollution Prevention Plan and State Pollution Discharge Elimination Permit required by NYSDEC regulates discharges to waterways during and after construction. In addition, A NYS tidal wetlands permit is required for disturbances within or up to 300 feet from a tidal wetland. The applicant will be required to obtain this permit prior to constriction. o The applicant must contact the NYS Historic Preservation Office for a determination of impact because the property is in an area considered to be sensitive regarding archaeological resources. In response to the comments from the NYSDEC letter: -Due to the site being previously developed, it is unlikely that archaeological resources on site still remain. • New York State Department of Transportation— No response received. • Town of Mamaroneck Traffic Committee — The Proposed Action was discussed at their meeting on February 28, 2024. No comments were provided. • Town of Mamaroneck Board of Architectural Review, which issued a response letter on September 23, 2024, suggesting a design feature be added to the rear parking lot (occupying a parking space) as a focal point design element. • Town of Mamaroneck Police Department— No response received. • Town of Mamaroneck Fire Department — Responses included one email and two letters on July 7, 2024, November 12, 2024, and December 3, 2024. The email requested the building be fully sprinklered with a Class 1 standpipe system and an access drive to the back parking lot. The first letter requested a turning radius analysis for fire apparatus. The second letter asked the 9 Planning Board 'April 9, 2025 applicant to verify how the access will be protected so it will remain available if needed, using bollards, pavement markings, or signs. • The Village of Larchmont— No response received. In conclusion, the Planning Board has completed a thorough and rigorous review of the identified areas of environmental concern. Based upon the entire record and for the reasons discussed above, the Planning Board as lead agency determines that the Proposed Action will not result in any significant adverse environmental impacts, and that any potential moderate impacts of the Proposed Action have been avoided or mitigated to the maximum extent practicable. Based on these findings, the Planning Board determines that an environmental impact statement ("EIS") is unnecessary. This Negative Declaration has been prepared in accordance with SEQRA and MEQR. Motion: To close the public hearing Moved by Ira Block seconded by Elizabeth Cooney Action: Unanimously approved The Chairman requested Ms. Hochman to prepare drafts of all resolutions for the purpose of facilitating discussion at the next Planning Board meeting. Chairman Engel left the meeting at 9:15 p.m. Vice Chair, Elizabeth Cooney, took over as acting Chair. Application #2 — 780 Forest Avenue — Dominic Marchese — Residential Site Plan, Tree Removal Permit — Public Hearing Benny Salanitro, the applicant's engineer, and Frank Marsella, the applicant's architect, were present to address the Planning Board. Mr. Oliveri stated that he is satisfied with the applicant's response to his engineering memo. Motion: To open the public hearing Moved by Ron Mandel seconded by Ira Block Action: Unanimously approved The applicant and Planning Board discussed proposed screening and landscaping on the property. Motion: To approve the draft resolution prepared by Counsel Moved by Ron Mandel seconded by Ira Block Action: Unanimously approved RESOLUTION Approval of Residential Site Plan and Tree Removal Application 10 Planning Board April 9, 2025 780 Forest Avenue Town of Mamaroneck, New York On motion of Ron Mandel, seconded by Ira Block, the residential site plan application and tree removal application of 780 Forest Realty, LLC, (the "Applicant") were APPROVED by the Planning Board of the Town of Mamaroneck (the "Planning Board") upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions: WHEREAS, the Applicant has applied for residential site plan approval pursuant to Chapter 178 of the Town of Mamaroneck Town Code (the "Residential Site Plan Law") to construct a single-family house at property located at 780 Forest Avenue, Town of Mamaroneck, New York and known on the Tax Assessment Map of the Town of Mamaroneck as Section 2, Block 23, Lot 403 (the "Property"); and WHEREAS, the Applicant has also submitted an application pursuant to Chapter 207 of the Town Code (the "Town Tree Law") to remove four (4) trees on the Property; and WHEREAS, pursuant to the Town Tree Law, because the Applicant seeks residential site plan approval, the Planning Board is the approving authority for the Applicant's tree removal permit; and WHEREAS, the Applicant has provided all of the information required by the Residential Site Plan Law and the Town Tree Law and both applications were deemed by the Planning Board to be complete; and WHEREAS, Section 207.A of the Town Tree Law states: "If the approving authority determines that less than all of the required number of replacement trees can be planted on -site, the approving authority shall require the payment of a fee to the Tree Planting Fund to satisfy the unmet portion of tree replacement"; and WHEREAS, the Town's Environmental Planner issued a memo to the Planning Board, dated March 5, 2025 (the "Environmental Planner's Memo"), which sets forth the number, type and diameter of the trees to be removed as well as the total number of required replacement trees pursuant to the Town Tree Law and the number of replacement trees proposed by the Applicant; and WHEREAS, the Environmental Planner's Memo further stated that the Applicant proposes to replace the four trees to be removed with 10 replacement trees, as required by the Town Tree Law; and WHEREAS, the Environmental Planner's Memo further stated that in addition to the ten replacement trees, the Applicant proposes to plant 20 Green Giant arborvitae around the perimeter of the property for screening; and WHEREAS, the Environmental Planner's Memo recommends that the Planning Board approve the Applicant's tree permit with no further modifications; and WHEREAS, on April 9, 2025, the Secretary of the Planning Board stated for the record that any and all required referrals were made in accordance with the Town Tree Law, the Residential Site Plan Law and the New York State General Municipal Law, and that no comments were received; and 11 Planning Board April 9, 2025 WHEREAS, the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans submitted in connection with the proposed action (hereinafter referred to as the "Plans"): • Topographic Survey, prepared by Stephen T. Johnson, L.S., dated 10/11/2024 • Plan set entitled "New Residence at 780 Forest Avenue", prepared by Marsella Architects P.C., dated 12/20/2024, last revised 2/27/2025 • Plan set entitled "SWPPP and Erosion and Sediment Control Plan for 780 Forest Avenue", prepared by Benedict A. Salanitro, P.E., P.C., dated 12/19/2024, and last revised 3/14/2025 • Landscape Plan, prepared by Marsella Architects P.C., dated 2/27/2025 WHEREAS, the Town Building Inspector issued a memorandum, dated March 3, 2025 (the "Zoning Compliance Memo"), which stated that based upon his review of the plans dated November 21, 2024, and last revised on February 27, 2025, prepared by Frank Marsella, R.A. for a proposed single-family dwelling at 780 Forest Avenue, the plans comply with Chapter 240 of the Town Code for a property in an R-10 zoning district; and WHEREAS, the Zoning Compliance Memo further stated that the proposed dwelling is using the side yard setback requirements for an R-7.5 zoning district as permitted under Sec. 240-70 of the Town Code; and WHEREAS, the Coastal Zone Management Commission (the "CZMC") reviewed the proposed action at its meeting on March 24, 2025, and issued a letter to the Planning Board, dated April 1, 2025 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS, the CZMC Letter noted that the Property contains a significant amount of bedrock that will require rock removal for the excavation of the foundation and recommended the use of permeable pavers on the driveway and patio area to minimize runoff from the property; and WHEREAS, the Planning Board finds that the proposed action conforms to the standards and requirements of the of the Residential Site Plan Law and the Town Tree Law; and WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board held a duly noticed public hearing on April 9, 2025; and WHEREAS, the Planning Board has considered the proposed action, including the herein specified Plans, comments and responses to questions by the Applicant and its representatives, the Environmental Planner's Memo, the Zoning Compliance Letter, the CZMC Letter, the reports and comments of its staff and consultants, including the Town's Environmental Planner and the Town's Consulting Engineer, and heard and considered comments from interested members of the public; and WHEREAS, the Planning Board agrees with the recommendation of the Environmental Planner with respect to the number, type and diameter of the trees to be removed as well as the total number and type 12 Planning Board April 9, 2025 of required replacement trees to be planted on site; and WHEREAS, this is a Type 2 action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A(22) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby adopts the recommendations of the Environmental Planner, and APPROVES the Applicant's tree removal application, as reflected in and in conformance with the Plans, and subject to, inter alia, Conditions 16 and 17 enumerated below. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Board hereby APPROVES the Applicant's residential site plan for the Property as reflected in and in conformance with the Plans, subject to the terms and conditions enumerated below: Conditions: 1. All site work including tree removal shall be in accordance with the latest revised Plans, as hereinabove referenced, as conditioned and/or modified in accordance with the direction of the Planning Board, which modifications were agreed to by the Applicant. 2. The Applicant shall submit the final plans to the Town Building and Engineering Departments for review and approval prior to the granting of any building permits. 3. Any and all applicable county, state, federal and/or regional permits shall be obtained prior to the issuance of any Town permits. 4. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require any modification to the site plan approved by this resolution, a determination shall be made by the Town Engineer as to whether the modification is material and thus should be further considered by the Planning Board. 5. The Applicant will arrange a pre -construction meeting with the Town Building Inspector and the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Engineer for approval at least seventy-two (72) hours (not including weekends and legal holidays) prior to commencing site work. The Applicant shall notify the Town Building Inspector and Town Engineer at least seventy-two (72) hours (not including weekends and legal holidays) in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impacts. 6. Work conducted under Town permits shall be open to inspection at any time, including weekends and legal holidays, by the Town of Mamaroneck Building Inspector, the Town Engineer, the Town's Consulting Engineer; the Town's Environmental Planner and/or their designated representative(s). 13 Planning Board April 9, 2025 7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be issued until a site plan signed by the Town Engineer is delivered to the Town Building Inspector. 8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of the Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior HVAC equipment and any generator conform to modern industry standards for sound emission, and that best practices for sound mitigation have been implemented. 9. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Applicant shall deliver to the Town Building Department, in a form and size acceptable to the Town Engineer, on paper and digitally, an "as built" survey, signed and sealed by a New York State licensed sur- veyor, including, but not limited to, all constructed improvements, trees, site utilities and stormwater management structures. 10. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy or Certificate of Completion shall be issued until all of the required conditions of this approval have been met. 11. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successors or assignees in/of an ownership interest of the Property or any portion thereof. 12. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 13. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to pay to the Town its actual cost of technical reviews, including, without limitation, consulting fees, prior to the issuance of any Town permits. 14. If there is to be any mechanical rock removal on the Property, the Applicant shall comply with Section 106-58.1 of the Town Code (the Town's mechanical rock removal law) and shall provide a complete copy of the survey required by that Section to the owner(s) of the applicable surveyed lot(s) at least ten (10) days before the mechanical rock removal commences. 15. With respect to the importation of fill material and land grading, if any, at least seven (7) days prior to the importation of any such material, the Applicant shall provide the Town Engineer with the source of all such material, to the satisfaction of the Town Engineer. • Prior to the issuance of a Certificate of Occupancy or Certificate of Completion, the Applicant shall provide the Town Engineer with trucking manifests for all fill material imported to the site. • All imported fill material shall consist of natural rock or of clean soils meeting the soil constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10 technical memorandum. 14 Planning Board April 9, 2025 16. All tree removal, protection and landscape plantings shall be in compliance with the Plans, and the Town Tree Law (as such terms are defined herein). 17. The tree removal permit resulting from approval of the tree removal application granted hereby shall be valid for two years from the date of the tree permit issuance and may be extended in accordance with the Town Tree Law for up to an additional two years only if a renewal application is submitted in accordance with the Town Tree Law prior to the expiration of the tree removal permit. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. Application #3 —19 Carriage House Lane —19 Carriage House Lane LLC - Subdivision — Public Hearing Brian Sinsabaugh, of Zarin & Steinmetz LLP, was present on behalf of the applicant to address the Planning Board and provided an overview of the proposed subdivision. The applicant and Planning Board members discussed the technical memo issued by Mr. Oliveri, and Mr. Oliveri stated there were no outstanding items that need to be addressed. Motion: To open the public hearing Moved by Ira Block seconded by Ron Mandel Action: Unanimously approved Helen Gurney of 12 Carriage House Lane raised questions about proposed construction. Mr. Sinsabaugh stated that no new development was proposed as part of this project, but that construction to remove the existing addition on the current home would take a few weeks. Elizabeth Aitchison, Environmental Planner to the Town, read Part 2 of the draft Environmental Assessment Form (EAF) and draft negative declaration into the record. Ms. Hochman stated that any proposal to develop the new lot would require site plan approval by the Planning Board. Motion: To close the public hearing Moved by Ira Block seconded by Ron Mandel Action: Unanimously approved The Planning Board discussed proposed changes to the draft negative declaration. Motion: To approve the negative declaration as reflected in a resolution prepared by Counsel Moved by Ira Block seconded by Ron Mandel Action: Unanimously approved 15 Planning Board April 9, 2025 Motion: To approve the preliminary subdivision layout as reflected in a resolution prepared by Counsel Moved by Ira Block seconded by Ron Mandel Action: Unanimously approved RESOLUTION Decision on Preliminary Subdivision Layout 19 Carriage House Lane, Town of Mamaroneck, New York On motion of Ira Block, seconded by Ron Mandel, in connection with a subdivision application by 19 Carriage House Lane LLC, (the "Applicant"), the Planning Board conveys its tentative conclusion that the preliminary subdivision layout is satisfactory pursuant to the requirements of the Town Code of the Town of Mamaroneck ("Town Code") Subdivision Law, upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions. WHEREAS the subject property is located at Section 3, Block 40, Lot 493 with a street address of 19 Carriage House Lane in the Town of Mamaroneck (the "Subject Property"); and WHEREAS the Applicant filed an application for the subdivision of one lot into two lots (the "Proposed Action") pursuant to Chapter 190 of the Town Code (the "Town Subdivision Law"); and WHEREAS the Applicant has provided all of the information required by the Town Subdivision Law and the Application was deemed by the Planning Board to be complete; and WHEREAS the Town Engineer, the Town Building Inspector and Al Engineers, Inc., Dolph Rotfeld Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans submitted in connection with this Application (hereinafter referred to as the "Plans"): • Subdivision Map prepared for 19 Carriage House Lane LLC, prepared by Richard J. Spinelli, L.S., dated May 5, 2024 • Plan set entitled "Proposed Stormwater System — Lot A", prepared by Marchetti Consulting Engineers, dated 10/28/2024, last revised 3/25/25 WHEREAS the Town Building Inspector issued a memorandum, dated February 24, 2025 (the "Zoning Compliance Memo"), which, based upon his review of plans dated January 20, 2023, last revised on May 5, 2024, prepared by Richard J. Spinelli LLS for a proposed subdivision at 19 Carriage House Lane, found that the proposed subdivision is zoning compliant for the two lots in a R-20 Zoning District; and WHEREAS currently, a portion of the existing dwelling extends onto that portion of the Subject Property that will become, if final subdivision approval is granted, the newly subdivided lot, designated now as Lot B (the "Lot B Extension"); and WHEREAS to ensure that both lots will comply with zoning requirements, final subdivision approval, if granted, shall be conditioned upon removal of the Lot B Extension; and 16 Planning Board April 9, 2025 WHEREAS as a related condition of final subdivision approval, if granted, the Applicant shall be required to submit to the Building Department an updated survey which shows removal of the Lot B Extension prior to the filing of the final subdivision plat; and WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the. Application at its meeting on February 25, 2025, and issued a letter to the Planning Board, dated March 6, 2025 (the "CZMC Letter"), which stated that it found the proposed action to be consistent with the Local Waterfront Revitalization Program ("LWRP"); and WHEREAS the Proposed Action was considered and discussed at duly noticed meetings of the Planning Board held on February 20, March 12, 2025 and April 9, 2025; and WHEREAS the proposed action is an unlisted action pursuant to the New York State Environmental Quality Review Act ("SEQRA") but, due to its proximity to a national historic landmark and a "Critical Environmental Area" it is a Type 1 action pursuant to the Town of Mamaroneck Environmental Quality Review regulations found in Chapter 92, Article 1 of the Town Code ("MEQR"); and WHEREAS at its March 12, 2025 meeting, the Planning Board determined the Proposed Action to be a Type 1 action and unanimously voted to designate itself Lead Agency for purposes of coordinated environmental review pursuant to 6 NYCRR Part 617 (SEQRA) and Section 92-3 of the Town Code (MEQR) and directed that a notice of its intent be sent to all involved agencies; an WHEREAS on March 14, 2025, a notice of intent to be lead agency was sent to all involved and interested agencies, and since such time there has been no objection to the Planning Board assuming lead agency status for SEQRA purposes; and WHEREAS a duly noticed public hearing on the preliminary layout was conducted on April 9, 2025; and WHEREAS another public hearing will be conducted in connection with the final subdivision plat; and WHEREAS Section 190-8(A) of the Town Subdivision Law provides that. before the Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval, without qualification, of the Westchester County Department of Health, Westchester Joint Water Works and any other agency having jurisdiction over the premises (together, the "Necessary Certifications"); and WHEREAS the Planning Board has considered the Application and the preliminary layout; the Plans, the Zoning Compliance Memo, statements and responses to questions by the Applicant and its representatives; memos, letters, reports and comments of the Town Engineer, the Town Environmental Planner, the CZMC and the Planning Board's consultants and the counsel to the Planning Board, and has heard and read testimony and reviewed other submissions from interested members of the public; and WHEREAS at the meeting of the Planning Board on April 9, 2025, the Planning Board conveyed to 17 Planning Board April 9, 2025 the Applicant its tentative conclusion that subject to removal of the Lot B Extension, the preliminary layout is satisfactory pursuant to Section 190-7 of the Town Subdivision Law. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the authorization of a determination of non -significance (the "Negative Declaration") dated April 9, 2025, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED, that the Planning Board hereby conveys its tentative conclusion that subject to the removal of the Lot B Extension, the preliminary layout is satisfactory pursuant to Section 190-7 of the Town Subdivision Law and authorizes the Applicant to obtain the Necessary Certifications pursuant to Section 190-8 of the Town Subdivision Law and thereafter return to the Planning Board for the potential approval of the final plat. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. Application #4 —104 Premium Point — Bluebouy Development LLC — Residential Site Plan, Wetlands and Watercourses Permit, Tree Removal Permit — Continued Consideration Kristen Motel of Cuddy + Feder LLP was present to address the Planning Board and provided an overview of the proposed replacement of the existing swimming pool, pool terrace and accessory residential improvements. Edward Figueroa, Landscape Architect, provided an overview of proposed tree removal and replacements. Mr. Oliveri stated that there are a few outstanding comments from his engineering memo that need to be addressed in the next submission by the applicant. The Planning Board and applicants discussed the proposed location of the pool equipment and generator. Jackson Smith, Ecologist for William Kenny Associates, summarized the Coastal Natural Resource Assessment submitted as part of the application. Motion: To schedule the public hearing Moved by Ira Block seconded by Ron Mandel Action: Unanimously approved Application #5 —15 Edgemont Road — Paula Kirby and Peter McWhinnie — Subdivision — Consideration Greg Lewis, the applicant's architect, and Peter McWhinnie, homeowner, were present to address the Board and provided an overview of the proposed subdivision. The Planning Board referred the application to the Coastal Zone Management Commission. 18 Planning Board April 9, 2025 Motion: To schedule the public hearing Moved by James Carroll seconded by Ira Block Action: Unanimously approved Application #6 — 8 Pheasant Run — Jeffrey and Laxmi Wordham — Wetlands and Watercourses Permit — Consideration Mike Stein of Hudson Engineering was present to address the Planning Board and provided an overview of the application for a Wetlands and Watercourses Permit, required to install a new pool on the property. The Planning Board referred the application to the Coastal Zone Management Commission. The Planning Board and applicants discussed the location of the pool fence and materials storage and the type of pool. Motion: To schedule the public hearing Moved by James Carroll seconded by Ira Block Action: Unanimously approved The meeting was adjourned at 10:06 P.M. Minutes prepared by c/0 Jami Sheeky, Planning Board Secretary 19 v