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HomeMy WebLinkAbout2025_09_10 Planning Board MinutesPRESENT: MINUTES Planning Board Meeting Wednesday, September 10, 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 Edmund Papazian, Board Member James Carroll, Alternate Board Member ABSENT: Ron Mandel, Board Member Sarah Dunn, Alternate Board Member ALSO PRESENT: CALL TO ORDER Elizabeth Aitchison, Environmental Planner Carol Murray, P.E., Deputy Town Engineer Anthony Oliveri, P.E., Consulting Engineer Lisa Hochman, Counsel to the Planning Board Jami Sheeky, Planning Board Secretary Robin Nichinsky, Liaison to Town Board z0 m care — 7,7 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. MINUTES The Board discussed the draft minutes of the August 13, 2025 meeting. Motion: To approve the draft minutes of August 13, 2025, as modified Moved by Edmund Papazian seconded by Ira Block Action: Approved Abstained: Elizabeth Cooney Application #1 — 7 Evergreen Lane — Robert Santangelo — Residential Site Plan, Tree Removal Permit — Continued Public Hearing Planning Board September 10, 2025 John Knoetgen, the applicant's architect, was present to address the Board and provide an overview of the application for a new single-family residence and proposed tree removal. Mr. Knoetgen stated that since the last meeting, the CZMC issued a consistency memo, and Elizabeth Aitchison, Environmental Planner, issued a tree removal memo. The Secretary stated that all necessary referrals were made per state and local code. There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Approved The Board discussed the draft resolution prepared by Counsel. Motion: To adopt the draft resolution, as modified Moved by Edmund Papazian seconded by James Carroll Action: Approved RESOLUTION Approval of Residential Site Plan and Tree Removal Application 7 Evergreen Lane Town of Mamaroneck, New York On motion of Edmund Papazian, seconded by James Carrol, the residential site plan and tree removal application of Robert Santangelo (the "Applicant") was 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 property is located at 7 Evergreen Lane (known on the Tax Assessment map as Section 3, Block 9, Lot 19, and within the R-10 Residential Zoning District in the Town of Mamaroneck, New York (the "Property"); and WHEREAS the Applicant seeks to develop a new single-family dwelling (the "Residential Site Plan Application") and remove three (3) trees (the "Tree Removal Application") on the Property (the "Proposed Action"); and WHEREAS the Applicant seeks Planning Board approval for a tree removal permit and a residential site plan, pursuant to the Code of the Town of Mamaroneck (the "Town Code"), Chapters 207 (the "Tree Law") and 178 (the "Residential Site Plan Law"), respectively; and WHEREAS pursuant to the Tree Law, because the Applicant seeks residential site plan approval, the Planning Board is the approving authority for the Applicant's tree removal pen -nit; and 2 Planning Board September 10, 2025 WHEREAS the Applicant has provided all of the information required by the Residential Site Plan Law and the Tree Law and both applications were deemed by the Planning Board to be complete; and WHEREAS the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld Engineering Division, (the `.`Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Property Survey prepared by TC Merritts Land Surveyors, dated August 9, 2024; • Plan set entitled "Santangelo Residence" prepared by John M. Knoetgen Architects, PC, dated February 28, 2025, last revised July 7, 2025; • Plan set entitled "Proposed Single -Family Dwelling", prepared by Hudson Engineering & Consulting, P.C, dated February 11, 2025, last revised July 9, 2025; • Stormwater Management Plan & Drainage Analysis, prepared by Hudson Engineering & Consulting, P.C., dated February 12, 2025, last revised July 9, 2025. • Tree Removal and Replacement Tree Plan prepared by Daniel Sherman, RLA, dated April 18, 2025 • Planting Plan, prepared by Daniel Sherman, Landscape Architect, April 18, 2025 WHEREAS the Town Building Inspector issued a memo to the Planning Board dated September 3, 2025, (the "Zoning Compliance Memo"), which stated that based upon a review of the Plan titled Site Plan and Zoning Chart dated February 02, 2025, and last revised on July 02, 2025, prepared by John Knoetgen, R.A. for a proposed single-family dwelling at 7 Evergreen Lane, he found the plans to be zoning compliance with the Chapter 240 of the Town Code; and WHEREAS a duly noticed public hearing for the Application was held on July 9, 2025; and WHEREAS on September 10, 2025, the Secretary of the Planning Board stated for the record that any and all required referrals were made in accordance with the Town Residential Site Plan Law and the New York State General Municipal Law, and that no comments were received; and WHEREAS the Planning Board hereby finds that the proposed action conforms to the standards and requirements of the of the Town Residential Site Plan Law; and WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on August 25, 2025, and issued a letter to the Planning Board, dated September 8, 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 Town's Environmental Planner issued a memo to the Planning Board, dated September 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 replacement trees required pursuant to the Town Tree Law and the number of replacement trees proposed by the Applicant; and WHEREAS the Environmental Planner's Memo recommends that the Planning Board approve the Applicant's tree permit; and 3 Planning Board September 10, 2025 WHEREAS the Planning Board has considered the application, including the herein specified Plans, comments and responses to questions by the Applicant and its representatives, the Zoning Compliance Memo, the CZMC Letter, the Environmental Planner's Memo, 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 recommendations 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 of required replacement trees to be planted on site; and WHEREAS this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A(22) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required. 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 the terms and conditions enumerated below. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Board hereby APPROVES the Applicant's Residential Site Plan Application 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 4 Planning Board September 10, 2025 including weekends and legal holidays) in advance of any site disturbance to inspect the installation of erosion and sediment control devices, tree protection 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). 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 incorporated in the Applicant's plans. 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 surveyor, 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 the Building Depai lnient with 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. 5 Planning Board September 10, 2025 • 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. 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 of the issuance of the tree removal permit 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 #2—1-16-450 Seton Road — JAF Builders Corp. — Residential Site Plan, Tree Removal Permit — Continued Public Hearing Fred Grippi, architect for the applicant, was present to address the Planning Board. Mr. Engel inquired about the status of the application to the Town Zoning Board of Appeals challenging Town Building Inspector's determination of zoning compliance. Ms. Hochman stated that there has been no change since the previous Planning Board meeting and that her understanding is that this is on the agenda for the upcoming meeting of the Zoning Board, scheduled for September 24. Mr. Grippi requested the Planning Board close the public hearing and vote on the application. Mr. Block, Mr. Carroll, and Mr. Engel stated for the record that they would abstain from voting pending the determination made by the Town Zoning Board of Appeals. There were no questions or comments from members of the public. No vote was taken. The public hearing remains open. Application #3 — 398 Weaver Street — Six25 Concierge 11 LLC — Residential Site Plan, Wetlands and Watercourses Permit, Tree Removal Permit — Continued Public Hearing Pierre Sarrazin, the applicant's architect, was present to address the Board and gave an overview of the project which proposes a new single-family dwelling. Mr. Sarazin stated that since the last meeting, the CZMC issued a consistency memo, and Elizabeth Aitchison, Environmental Planner, issued a tree removal memo. Ms. Aitchison directed the applicant to update their tree removal application and plans to show all proposed trees to be removed. 6 Planning Board September 10, 2025 There were no questions or comments from members of the public. Motion: To close the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action: Approved The Secretary stated that all necessary referrals were made per state and local code. The Board discussed the draft resolutions prepared by Counsel. The Deputy Town Engineer recommended a condition related to grading and flood plain storage. Motion: To adopt the draft resolution for residential site plan and a tree removal permit, as modified Moved by Elizabeth Cooney seconded by Ira Block Action: Approved RESOLUTION Approval of Residential Site Plan and Tree Removal Permit 398 Weaver Street Town of Mamaroneck, New York On motion of Elizabeth Cooney, seconded by Ira Block, the residential site plan and tree removal application of Six25 Concierge 11 LLC (the "Applicant") was 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 property is located at 398 Weaver Street (known on the Tax Assessment map as Section 2, Block 20, Lot 468, and within the R-10 Residential Zoning District in the Town of Mamaroneck, New York (the "Property"); and WHEREAS the Applicant seeks to develop a new single-family dwelling (the "Residential Site Plan Application") and to remove five (5) trees (the "Tree Removal Application") on the Property (the "Proposed Action"); and WHEREAS the Applicant seeks Planning Board approval for a tree removal permit and a residential site plan, pursuant to the Code of the Town of Mamaroneck (the "Town Code"), Chapters 207 (the "Tree Law") and 178 (the "Residential Site Plan Law"), respectively; and WHEREAS pursuant to the Town Tree Law, because the application requires 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 Town Residential Site Plan Law and the Town Tree Law and both applications were deemed by the Planning Board to be complete; and 7 Planning Board September 10, 2025 WHEREAS due to the fact that the Property is adjacent to the Sheldrake River, and construction will occur within the wetlands buffer zone, the Proposed Action requires an application for a Wetlands and Watercourses Permit, as required by Town Code Chapter 114 (the "Wetlands and Watercourses Law") _which will be addressed in a separate resolution; and WHEREAS the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Property Survey prepared by Spinelli Surveying, dated April 16, 2024; • Wetland and Watercourse Delineation prepared by William Kenny Associates, dated May 16, 2024 • Ecological Assessment prepared by William Kenny Associates, dated February 19, 2025 • Plan set entitled "Single -Family Residence" prepared by Sarrazin Architecture, PLLC, dated March 6, 2025, last revised July 25, 2025; • Plan set entitled "Proposed Single -Family Residence", prepared by Hudson Engineering & Consulting, P.C, dated April 8, 2025, last revised August 27, 2025; • Flood Storage Analysis Plan, prepared by Hudson Engineering & Consulting, P.C, dated June 20, 2025, last revised August 27, 2025 • Stormwater Management Plan & Drainage Analysis, prepared by Hudson Engineering & Consulting, P.C., dated April 8, 2025, last revised July 21, 2025; • Stream & Buffer Habitat Enhancement Plan prepared by William Kenny Associates, dated February 19, 2025, last revised August 26, 2025; • Tree Report, prepared by Michal J. Nowak, dated April 24, 2024, last revised August 26, 2025 WHEREAS the Town Building Inspector issued a memo to the Planning Board dated July 29, 2025, (the "Zoning Compliance Memo"), which stated that based on his review of the plans dated February 06, 2025 and last revised on July 25, 2025, prepared by Pierre Sarrazin, R.A. for a proposed single-family dwelling at 398 Weaver Street, he found the plans to be zoning compliant with the Town Code, Chapter 240, for a property in an R-10 zoning district; and WHEREAS a duly noticed public hearing for the Application was held on August 13, 2025 and continued on September 10, 2025, concurrent with separate applications for residential site plan approval and tree removal permit pursuant to Chapters 178 and 207, respectively, of the Town Code; and WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on August 25, 2025, and issued a letter to the Planning Board, dated September 8, 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 Town's Environmental Planner issued a memo to the Planning Board, dated September 8, 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 her opinion that a fee of $2,400 should 8 Planning Board September 10, 2025 be paid to the Town of Mamaroneck Tree Planting Fund ("Tree Planting Fund") in lieu of planting the remaining eight (8) replacement trees which would otherwise be required; and WHEREAS the Environmental Planner's Memo requested additional information to be submitted by the Applicant; and WHEREAS on September 10, 2025, the Secretary of the Planning Board stated for the record that any and all required referrals were made in accordance with the Town Residential Site Plan Law and the New York State General Municipal Law, and that no comments were received; and WHEREAS the Planning Board hereby finds that the proposed action conforms to the standards and requirements of the of the Town Residential Site Plan Law; and WHEREAS the Environmental Planner's Memo recommends that the Planning Board approve the Applicant's tree permit; and WHEREAS the Planning Board has considered the application, including the herein specified Plans, comments and responses to questions by the Applicant and its representatives, the Zoning Compliance Memo, the CZMC Letter, the Environmental Planner's Memo, 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 recommendations 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 of required replacement trees to be planted on site, and that a fee of $2,400 shall be paid to the Tree Planting Fund in lieu of planting the otherwise required eight (8) replacement trees; and WHEREAS on September 10, 2025, the Deputy Town Engineer stated that she recommends a condition related to site grading and flood storage capacity; and WHEREAS this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A(22) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required. 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 the terms and conditions enumerated below. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Board hereby APPROVES the Applicant's Residential Site Plan Application for the Property as reflected in and in conformance with the Plans, subject to the terms and conditions enumerated below. Conditions: 9 Planning Board September 10, 2025 3. 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. 4. 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, tree protection 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). 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 surveyor, 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. 10 Planning Board September 10, 2025 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. 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. Pursuant to the Tree Law, and prior to the issuance of the required tree removal permit, the Applicant shall pay a fee of $2,700 to the Town's Tree Planting Fund. 18. 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. 19. No tree removal permit shall be issued until the Environmental Planner has determined that the Applicant has submitted all information requested in the Environmental Planner's Memo. 20. Prior to the issuance of a certificate of occupancy, the Applicant shall submit an as -built survey of the site grading and a certification by a licensed professional engineer to demonstrate: (1) the site grading is in compliance with the approved plan and (2) there has been no net loss of floodplain storage capacity. 11 Planning Board September 10, 2025 This decision is hereby certified as true and correct and shall be filed with the Town Clerk. Motion: To adopt the draft resolution for a wetlands and watercourses permit, as modified Moved by James Carroll seconded by Elizabeth Cooney Action: Approved RESOLUTION WETLANDS & WATERCOURSES PERMIT 398 Weaver Street Town of Mamaroneck, New York On motion of James Carroll, seconded by Elizabeth Cooney, the application of Six25 Concierge 11 LLC, (the "Applicant") for approval of a wetlands and watercourses permit was 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 property is located at 398 Weaver Street (known on the Tax Assessment map as Section 2, Block 20, Lot 468, and within the R-10 Residential Zoning District in the Town of Mamaroneck, New York (the "Property"); and WHEREAS the Applicant seeks to develop a new single-family dwelling on the Property (the "Proposed Action"); and WHEREAS due to the fact that the Property is adjacent to the Sheldrake River, and construction will occur within the wetlands buffer zone, the Proposed Action requires an application for a Wetlands and Watercourses Permit, as required by the Code of the Town of Mamaroneck (the "Town Code"), Chapter 114 (the "Wetlands and Watercourses Law" Z; and WHEREAS the Applicant also seeks Planning Board approval for a tree removal permit and a residential site plan, pursuant to Town Code Chapters 207 and 178, respectively, which have been addressed in a separate resolution; and WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on August 25, 2025, and issued a letter to the Planning Board, dated September 8, 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 Town Engineer, the Town Building Inspector and Al Engineers, Inc., Dolph Rotfeld Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Property Survey prepared by Spinelli Surveying, dated April 16, 2024; • Wetland and Watercourse Delineation prepared by William Kenny Associates, dated May 16, 2024 • Ecological Assessment prepared by William Kenny Associates, dated February 19, 2025 12 Planning Board September 10, 2025 • Plan set entitled "Single -Family Residence" prepared by Sarrazin Architecture, PLLC, dated March 6, 2025, last revised July 25, 2025; • Plan set entitled "Proposed Single -Family Residence", prepared by Hudson Engineering & Consulting, P.C, dated April 8, 2025, last revised August 27, 2025; • Flood Storage Analysis Plan, prepared by Hudson Engineering & Consulting, P.C, dated June 20, 2025, last revised August 27, 2025 • Stormwater Management Plan & Drainage Analysis, prepared by Hudson Engineering & Consulting, P.C., dated April 8, 2025, last revised July 21, 2025; • Stream & Buffer Habitat Enhancement Plan prepared by William Kenny Associates, dated February 19, 2025, last revised August 26, 2025; • Tree Report, prepared by Michal J. Nowak, dated April 24, 2024, last revised August 26, 2025 WHEREAS the Town Building Inspector issued a memo to the Planning Board dated July 29, 2025, (the "Zoning Compliance Memo") which stated that based on his review of the plans dated February 06, 2025 and last revised on July 25, 2025, prepared by Pierre Sarrazin, R.A. for a proposed single- family dwelling at 398 Weaver Street, he found the plans to be zoning compliant with the Town Code, Chapter 240, for a property in an R-10 zoning district; and WHEREAS a duly noticed public hearing for the Application was held on August 13, 2025 and continued on September 10, 2025, concurrent with separate applications for residential site plan and tree removal. pursuant to Chapters 178 and 207, respectively, of the Town Code; and WHEREAS this is a Type II action having no significant impact on the environment pursuant to the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A, subparagraph (8) of the Town of Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is required; and WHEREAS in accordance with §114-7(D) of the Town Code, the Board has considered the following: I. all available reports concerning the Proposed Action from other commissions, including the CZMC, and any Town, County, State and/or Federal agencies, as well as members of the public. The Planning Board notes that the Applicant prepared anecological assessment based on the .following: • The Wetland and Watercourse Delineation Report, prepared by WKA, dated May 16, 2024 • The Stormwater Management Plan and Drainage Analysis Report, prepared by Hudson Engineering and Consulting P.C. (Hudson), last revised February 19, 2025 • The site development plans titled Proposed Single -Family Residence, prepared by Hudson, last revised February 19, 2025 • The Stream and Buffer Habitat Enhancement Planting Plan, prepared by WKA, last revised, August 25, 2025 13 Planning Board September 10, 2025 In addition, as noted above, the Town's CZMC reviewed the proposed project at its August 25, 2025 meeting and issued to the Planning Board a letter of consistency with the policies of the LWRP on September 8, 2025. II. all relevant facts and circumstances pertaining to the Proposed Action, including but not limited to: a. any potential environmental impact of the Proposed Action: The Planning Board finds that the Proposed Action will not impact the adjacent Sheldrake River, downstream wetlands or watercourses, or the Sheldrake Leatherstocking CEA and their capacity to function. The adjacent and downstream wetlands and watercourses will be protected from increased and/or polluting sediment loads by the proposed sedimentation and erosion control measures and the proposed stormwater management system, which does not presently exist. The onsite riparian corridor habitat is proposed to be enhanced through the relocation of the existing driveway and garage, removal of invasive vegetation, and establishment of native vegetation. b. the alternatives to the Proposed Action: The Planning Board finds that there are no alternatives to the Proposed Action due to the Property's proximity to the watercourse, its size and zoning setbacks required by the Town. The Planning Board notes that the proposed development has been shifted away from the stream and the habitat enhancement plan proposes the establishment of a riparian buffer area vegetated with native plants. The Planning Board also notes that the Applicant proposes no activities within regulated wetlands or watercourses, nor does it propose any action that would directly or indirectly adversely impact wetlands and watercourses onsite or downstream. c. the impact of the Proposed Action on wetland functions and the benefits as set forth in § 114-1 of the Town Code: The Planning Board finds that, as stated above, the Proposed Action will have a beneficial effect on the adjacent or downstream wetlands or watercourses, the Sheldrake Leatherstocking CEA and their capacity to function. The adjacent and downstream wetlands and watercourses will be protected from increased and/or polluting sediment loads by the proposed sedimentation and erosion control measures. The proposed stormwater management system, which does not presently exist, will improve water quality. The onsite riparian corridor habitat is proposed to be enhanced through the relocation of the existing driveway and garage, removal of invasive vegetation, and establishment of native vegetation. III. The availability of preferable alternative locations for the Proposed Action on the subject parcel: The Planning Board.finds that, as stated above, there are no alternatives to the Proposed Action due to the Property's proximity to the watercourse, its size and zoning setbacks required by the Town. The Planning Board notes that the proposed development has been shifted away from the stream and the habitat enhancement plan proposes the establishment of a riparian buffer- area vegetated with native 14 Planning Board September 10, 2025 plants. The Planning Board also notes that the Applicant proposes no activities within regulated wetlands or watercourses, nor does it propose any action that would directly or indirectly adversely impact wetlands and watercourses onsite or downstream. IV. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board notes that during construction the project will employ standard sediment and erosion control methods which will prevent indirect adverse impacts to the Sheldrake River and downstream wetlands. Post construction, the project will employ a formal stormwater management system to capture and treat runoff from impervious surfaces on the Property, a, feature which does not currently exist. The Planning Board .finds that the combination of these measures, along with the planting plan, will avoid adverse impacts and that no additional improvements or safeguards are necessary. V. the possibility of avoiding reduction of the wetlands' or watercourse's natural capacity to support desirable biological life, prevent flooding, control sedimentation and/or prevent erosion, facilitate drainage, and provide recreation and open space; The Planning Board finds that,. for the reasons identified above, there will be no direct or indirect adverse impacts to the natural capacities of the wetlands and watercourses. VI. the extent to which the public or private benefit derived from such use may or may not outweigh or justify the possible degradation of the wetland or watercourse, the interference with the exercise of other property rights, and the impairment or endangerment of public health, safety or welfare: Based on the. foregoing, the Planning Board finds that the private benefits will not result in the degradation of the adjacent Sheldrake River, CEA or downstream wetlands. The Planning Board .further finds that the project poses no risk to public health, safety nor welfare. WHEREAS the Planning Board has considered the Application and Plans; comments and responses to questions by the Applicant and its representatives; the memos, letters, reports and comments of the Town Engineer, the Town Building Inspector, the Town Environmental Planner, the Town's Consulting Engineer and the CZMC, and has heard and considered the comments of any interested members of the public. NOW, THEREFORE, BE IT RESOLVED that the Planning Board hereby finds, pursuant to §1 14- 7(E) of the Town Code, based upon the record before it and after due consideration of the above criteria set forth in §1 14-7(D), that the Applicant's proposed regulated activity is consistent with the purposes of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses Protection Law of the Town of Mamaroneck, as set forth in §114-1, and that the action to be taken will minimize all adverse effects on such policy to the maximum extent practicable: • To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the 15 Planning Board September 10, 2025 natural benefits of wetlands and watercourses that are consistent with the general welfare and beneficial economic and social development of the Town; and • To ensure maximum protection for wetlands and watercourses by discouraging degradation within them and within their buffers that may adversely affect these natural resources; to encourage restoration of already degraded or destroyed wetlands, watercourse and buffers; and to ensure "no net loss" of wetlands and watercourse areas. BE IT FURTHER RESOLVED, that the Planning Board GRANTS the Wetlands and Watercourses Permit as reflected in the hereinabove identified Plans submitted in connection with the Application, subject to the following terms and conditions: 1. All site work shall be in accordance with the latest revised Plans, as herein referenced, as modified in accordance with the specific conditions hereinafter set forth. 2. Any and all applicable county, state, federal and regional permits shall be obtained prior to the issuance of any Town permits, except as otherwise permitted by the Town Engineer in consultation with the Town Building Inspector and the Town Environmental Planner. 3. No certificate of completion shall be issued until all of the required conditions of this approval have been met. 4. Prior to the commencement of construction, appropriate measures shall be undertaken to control erosion and minimize water turbidity during construction, to the satisfaction of the Town Engineer, as well as the installation and maintenance of tree protection measures to the satisfaction of the Town Environmental Planner. 5. Prior to any site disturbance which takes place subsequent to the date hereof, the Applicant will arrange a pre -construction meeting with the Town Building Inspector, the Town Environmental Planner and the Town Engineer. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval at least seventy-two (72) hours (not including weekends and legal holidays) prior to commencing site work. The Applicant shall notify the Town Building Inspector, the Town Environmental Planner 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 Building Inspector, the Town Engineer, the Town's Consulting Engineer, the Town Environmental Planner and/or their designated representative(s). 7. The Wetlands and Watercourses Permit shall expire one year from the date it is issued, such date of issuance to be the same as the date of the surface water and erosion control permit to be issued by the Town Engineer pursuant to Chapter 95 of the Town Code. 8. All permits shall be maintained and prominently displayed at the project site during the 16 Planning Board September 10, 2025 undertaking of the activities authorized by the permits. 9. Failure to comply with one or more of the conditions of this approval may result in revocation of the Wetlands and Watercourses Permit and any other related permits that the Town Engineer deems appropriate. 10. The Applicant is required to furnish to the Town a bond or cash deposit in an amount equal to the estimated cost of the improvements within the wetlands buffer. This can be combined with the Erosion and Sediment Control Permit bond to ensure satisfactory completion of the project and the rehabilitation of the affected and/or disturbed areas. 11. The term "Applicant" is used herein with the intent to impose a future obligation or condition, and shall include the Applicant, as defined above, and any successors or assignees in/of ownership interests in the Property or any portion thereof. 12. With respect to the importation of fill material and land grading, if any, subsequent to the date hereof, at least seven (7) days prior to the importation of any such material, the Applicant shall provide the Town Engineer with the source of all such material, to the satisfaction of the Town Engineer. (a) Prior to the issuance of a Certificate of Completion, the Applicant shall provide the Town Engineer with trucking manifests for all fill material imported to the site. (b) All imported fill material shall consist of natural rock or of clean soils meeting the soil constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10 technical memorandum. 13. Prior to the issuance of any Town permits, the Applicant shall obtain any and all applicable federal and state permits and authorizations. 14. In accordance with Section 114-7(3) of the Town Code, the Applicant shall be required to pay to the Town its actual cost of technical reviews, including, without limitation, consulting fees, prior to the issuance of any Town permits. This decision is hereby certified and shall be filed with the Town Clerk Application #4 — 25 Stonewall Lane — Tony Gao and Chen Di — Residential Site Plan, Tree Removal Permit — Continued Consideration Ines McAdam of Montana Contracting, Chris Tramutola, R.L.A., landscape architect for the applicant, and Alan Pilch, P.E, R.L.A. of ALP Engineering and Landscape Architecture, PLLC were present to address the Planning Board and provide an overview of the project which proposes a new single- family dwelling. 17 Planning Board September 10, 2025 The Planning Board and staff requested that the applicant update their tree removal permit application and referred the application to the Coastal Zone Management Commission. Motion: To schedule the public hearing for October 8, 2025 Moved by Edmund Papazian seconded by Ira Block Action: Unanimously approved Application #5 — 30 Bonnie Way — Brandon and Sharon Bell — Tree Removal Permit — Consideration Sharon Bell, homeowner, was present to address the Planning Board and provided an overview of the application for a tree removal permit. Ms. Bell stated that an application for tree removal was filed with the Town Conservation Department, and a permit was issued to remove three (3) trees on the property. Ms. Bell further stated that there was a miscommunication with her landscaper and additional trees were removed, which resulted in the issuance of a violation and stop work order. The Planning Board requested that the applicant work with staff to combine the approved a tree removal permit with the application for tree removal permit before the Planning Board and submit for the October Planning Board meeting. Ms. Aitchison submitted to the Planning Board Secretary Tree Removal Permit, TREE-25-22, which was entered into the record and marked exhibit A. Ms. Hochman stated that if Ms. Aitchison issues a tree removal memo, she will prepare a draft resolution for the Planning Board to discuss at the October Planning Board meeting. Application #6 — 45 Cooper Lane — Melissa Kaplan -Macey — Subdivision — Preliminary Layout - Continued Consideration Mr. Engel stated that he has previously served on a committee with the applicant, but has no financial stake in the project, and can consider the proposed application without bias. There was no objection. Gregory Lewis, architect for the applicant and Matt Gironda of Bibbo Associates, LLC, engineers for the applicant, were present to address the Planning Board and provide an overview of the project which proposes a subdivision of the property into two lots. Mr. Lewis stated that since the applicant last appeared before the Planning Board, they were granted an area variance by the Town Zoning Board of Appeals. The applicants, Planning Board members, and professional staff discussed the Zoning Board resolution. The Planning Board referred the application to the Coastal Zone Management Commission. Motion: To schedule a public hearing on the preliminary layout for October 8, 2025 Moved by Elizabeth Cooney seconded by James Carroll Action: Approved Application #7 — 36 Byron Lane — Blair Dyer — Residential Site Plan — Consideration 18 Planning Board September 10, 2025 Liam Winters, architect for the applicant, and Nicholas Shirrah of Hudson Engineering, engineers for the applicant, were present to address the Planning Board and provided an overview of the project which proposes a renovation to a single-family dwelling. The Planning Board requested the applicant add the location of the generator and HVAC system to the plans, as well as submit a tree removal permit application. The Planning Board referred the application to the Coastal Zone Management Commission. OTHER BUSINESS: The Planning Board and staff discussed a September 5, 2025 memo to the Planning Board submitted by William Maker, Jr., Town Attorney regarding a proposed amendment to the Town Zoning Code, entitled "Elimination of Renewals for one type of Special Permit" law. Board members expressed support with additional comments. The Planning Board requested Counsel to synthesize the discussion to draft the Planning Board's report and recommendation and to send it to Mr. Maker on behalf of the Planning Board. The meeting was adjourned at 9:40 P.M. Minutes prepared by Jami Sheeky, Planning Board SecrLtary 19