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HomeMy WebLinkAbout2025_06_11 Planning Board MinutesPRESENT: MINUTES Planning Board Meeting Wednesday, June 11, 2025 Town Center — 740 W. Boston Post Road, Mamaroneck, NY 10543 7:30 PM Ralph Engel, Chair Elizabeth Cooney, Vice Chair Edmund Papazian, Board Member Ron Mandel, Board Member James Carroll, Alternate Board Member ABSENT: Ira Block, 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 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 May 14, 2025, meeting. Motion: To approve the draft minutes of May 14, 2025, as modified Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Approved Abstained: Ron Mandel Item #7 (taken out of order) — 7 North Brook Road — Amended and Restated Resolution for 7 North Brook Residential Site Plan, approved May 14, 2025, to reflect Tree Removal Permit The Board members discussed the draft resolution prepared by Counsel. Planning Board June 11, 2025 Motion: To approve the draft resolution prepared by Counsel, as modified Moved by Elizabeth Cooney seconded by Edmund Papazian Action: Unanimously approved AMENDED AND RESTATED RESOLUTION Approval of Residential Site Plan and Tree Removal Application 7 North Brook Road Town of Mamaroneck, New York On motion of Edmund Papazian, seconded by Elizabeth Cooney, the residential site plan application of N. Brook Rd., Inc. (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Plannin+tt Board") upon the following resolution, which was adopted by a vote of 5 to 0, with no abstentions: WHEREAS, this resolution is amended and restated to reflect the application for a tree removal permit in addition to residential site plan approval, which was approved by the Planning Board on May 14, 2025; and WHEREAS the property is located at 7 North Brook Road (known on the Tax Assessment map as Section 2, Block 14, Lot 251, and within the R-6 Residential Zoning District in the Town of Mamaroneck, New York (the "Property"); and WHEREAS the Applicant has obtained a two -lot subdivision and the development of the newly created lot with a single-family home on the Property (the "Proposed Action"); and WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on September 23, 2024, and issued a letter to the Planning Board, dated October 8, 2024 (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 AI Engineers, Inc., Dolph Rotfeld Engineering Division, (the "Town's Consultin;; En+u.ineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Topographic Survey prepared by Stephen F. Hoppe, L.S., dated 1/12/2024, last revised 6/19/2024; • Plan set, entitled "Two -Parcel Residential Subdivision and Site Improvements", prepared by Catizone Engineering, P.C., dated 6/24/2024, last revised 10/18/2024; • Stormwater Pollution Prevention Plan, prepared by Catizone Engineering, P.C., dated 6/24/2024, last revised 10/18/2024; • "Subdivision Plat, 7 North Brook Road", prepared by Stephen F. Hoppe, L.S., dated October 25`h, 2024; • Architectural Drawings, entitled "Subdivision & Private Residence", prepared by Richard F. Hein Architects, P.C., dated 4/26/2024, last revised 10/23/2024; and • Wetlands Narrative, prepared by Catizone Engineering, P.C., dated 7/23/2024. 2 Planning Board June 11, 2025 WHEREAS the Town Building Inspector issued a memorandum, dated April 25, 2025 (the "Zoning Compliance Memo"), which, based upon review of subdivision plat prepared by Stephen F Hoppe, L.S. and sheet SD-100 dated June 24, 2024, last revised October 18, 2024, found that the proposed subdivision is zoning compliant for the two lots in a R-6 Zoning District; and WHEREAS a duly noticed public hearing for the Application was held on May 14, 2025, concurrent with separate applications for a wetlands and watercourses permit pursuant to Chapter 114 of the Town Code and final subdivision approval pursuant to Chapter 190 of the Town Code, the decisions on which are reflected in two separate resolutions of concurrent date; and WHEREAS, on May 14, 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 Applicant also applied for a tree removal permit pursuant to Chapter 207 of the Town Code (the "Town Tree Law") to remove six (6) trees on the Property; 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 WHEREAS, the Town's Environmental Planner issued a memo to the Planning Board, dated May 29, 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 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, this is a Type II action having no significant impact on the enviromnent pursuant to the New York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A(22) of the Town 3 Planning Board June 11, 2025 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 for the Property as reflected in and in conformance with the Plans, subject to the terns 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). 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 4 Planning Board June 11, 2025 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 stonnwater 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. 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 5 Planning Board June 11, 2025 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 — Public Hearing Steve Anderson, from the office of Gabriel Senor, engineers for the applicant, and Fred Grippi, architect for the applicant were present to address the Planning Board and explained that the application is to build a new single-family dwelling on a currently vacant lot. Mr. Anderson stated that there have been no changes to the application since the previous meeting. Planning Board members asked the applicant to provide a streetscape plan depicting the proposed height in in scale with neighboring properties. Motion: To open the public hearing Moved by Ron Mandel seconded by James Carroll Action: Unanimously approved Andrew and Megan Radcliff of 12 Seton Road expressed concerns about the size and design of the proposed house, location of the proposed patio and shadows over their property. Nicole Lynch of Ridge Road expressed concerns about potential stormwater runoff due to the proposed removal of trees. Jacob Levitt of 8 Stonewall Lane requested that the Planning Board require an independent arborist look at the proposed trees to be removed. The Planning Board requested that the Town Arborist submit a report. Andrew Galvin of Ridge Road expressed concerns about the size and design of the proposed house. A resident of 2 Seton Road expressed concerns about the size and height of the proposed house. The public hearing remains open. Application #3 —15 Edgemont Road — Paula Kirby and Peter McWhinnie — Subdivision — Public Hearing Chris Lonegro of Lewis + Lewis Architects, and Peter McWhinnie, homeowner, were present to address the Board and provided an overview of the proposed subdivision. The Planning Board, applicant and staff discussed the proposed sewer connection for the project and location of proposed driveway. 6 Planning Board June 11, 2025 Motion: To open the public hearing Moved by Ron Mandell seconded by James Carroll Action: Unanimously approved Cecelia Absher of 1 Knollwood Drive addressed some of the concerns expressed in a letter she emailed to the Planning Board dated June 9, 2025. Dan Silverman of 5 Knollwood Drive expressed concerns about a driveway being added to Knollwood Drive, which he said is already a dangerous curve. Jennifer Rubina of 10 Locust Ridge Road expressed concerns about a driveway being added to Knollwood Drive, sight lines, turn radius, and also stated that she did not receive notice on the sale of Town -owned land. Steven Strauss of 2 Knollwood Drive expressed concerns about a driveway being added to Knollwood Drive and sight lines and commented on the sale of the strip of land by the Town to the applicant. Mr. McWhinnie, homeowner and applicant, responded to acknowledge that he has heard neighbor concerns and further stated that they are not committed to the proposed location of a driveway. The public hearing remains open. Application #4 — 8 Pheasant Run — Jeffrey and Laxmi Wordham — Wetlands and Watercourses Permit — Public Hearing Nicholas Shirriah of Hudson Engineering, on behalf of the applicant, was present to address the Planning Board and provided an overview of the application for a Wetlands and Watercourses Permit, which is required to install a new pool on the property. He stated that they appeared before the Coastal Zone Management Commission and submitted responses to comments received at the April Planning Board meeting. Motion: To open the public hearing Moved by Ron Mandel seconded by James Carroll Action: Unanimously approved There were no public comments. Motion: To close the public hearing Moved by Elizabeth Cooney seconded by Ron Mandel Action: Unanimously approved Motion: To approve the draft resolution prepared by Counsel, as modified Moved by Ron Mandel seconded by James Carroll Action: Unanimously approved 7 Planning Board June 11, 2025 RESOLUTION WETLANDS & WATERCOURSES PERMIT 8 Pheasant Run Town of Mamaroneck, New York On motion of Ron Mandel, seconded by James Carroll, the application of Jeffrey and Laxmi Wordham, (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 8 Pheasant Run (known on the Tax Assessment map as Section 5, Block 6, Lot 334, and within the R-10 Residential Zoning District in the Town of Mamaroneck, New York (the "Property"); and WHEREAS the Applicant seeks to construct a swimming pool on the Property (the "Proposed Action"); and WHEREAS the Proposed Action requires an application for a Wetlands and Watercourses Permit due to the amount of disturbance withinthewetland buffer and within 100-feet of the Premium Marsh; and WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the Application at its meeting on May 19, 2025, and issued a letter to the Planning Board, dated May 30, 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 AI Engineers, Inc., Dolph Rotfeld Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans (hereinafter referred to as the "Plans"): • Topographic Survey, prepared by Richard A. Spinelli, LS, dated May 3, 2023; • Plan Set entitled "Proposed Pool & Alterations", prepared by Hudson Engineering & Consulting, P.C., dated March 24, 2025, last revised May 27, 2025; • Stormwater Management Plan & Drainage Analysis, prepared by Hudson Engineering & Consulting, P.C., dated December 12, 2024; • "Wetland and Watercourse Standards for Permit Decisions", prepared by William Kenny Associates, dated May 16, 2025 WHEREAS, the Town Building Inspector issued a memo to the Planning Board dated March 25, 2025 which stated that after a review of the plans dated March 24, 2025, prepared by Michael Stein, P.E. of Hudson Engineering for a proposed swimming pool at 8 Pheasant Run, the plans were found to be zoning compliance with the Code of the Town of Mamaroneck Chapters 240 and 192 for a property in an R-10 zoning district; and WHEREAS a duly noticed public hearing for the Application was held on June 11, 2025; and 8 Planning Board June 11, 2025 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 the following: • The Town's Coastal Zone Management Commission (CZMC) reviewed the proposed project at its May 19, 2025, meeting and issued to the Planning Board a letter of consistency with the policies of the Local Waterfront Revitalization Plan (LWRP). II. all relevant facts and circumstances pertaining to the Proposed Action, including but not limited to: a. any potential environmental impact of the Proposed Action: The Planning Board finds that there will be no direct or indirect impacts to wetlands, watercourses and buffers because no wetland vegetation will be disturbed during construction and a silt fence will prevent any soil or sediment from impacting the marsh. A salt -water pool will be installed instead of using a chlorine disinfection system to mitigate any impact to the surrounding marsh. b. the alternatives to the Proposed Action: The Planning Board notes that the Applicant seeks to install a swimming pool on the Property and no alternative has been proposed. The location of the pool has been selected based on zoning requirements and site constraints. 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 wetland functions will not be impacted because the Applicant has undertaken to use best management practices (BMPs) such as the installation and maintenance of soil erosion and sediment control measures during construction and stormwater management features following construction. The use of Cultec infiltrators will improve the quality of the stormwater discharged from the site. III. The availability of preferable alternative locations for the Proposed Action on the subject parcel: 9 Planning Board June 11, 2025 The Planning Board finds that due to site constraints such as steep slopes and tidal wetlands and given that the Town's swimming pool regulations prohibit the construction of swimming pools in the front yard, and mandate setbacks from rear yard lines and principle structures, viable siting locations for the proposed pool are greatly restricted. As such, the Planning Board finds that the currently proposed location, in the northern portion of the property, is the only feasible location for the proposed pool. IV. the availability of further technical improvements or safeguards that could feasibly be added to the proposal; The Planning Board finds that the project will provide a system to manage and treat runoff from impervious surfaces proposed within the wetland buffer, a feature which currently does not exist on the Property. In addition, stormwater will be managed using a series of Cultec infiltration units and the Applicant has undertaken to install a salt -water pool instead of using a chlorine -based pool disinfection system to further mitigate any impact to the surrounding marsh. 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 due to the implementation of BMPs for stormwater management and soil erosion and that no wetland vegetation will be disturbed or removed, there will be no degradation of the wetland' 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. 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.frnds that private benefits received from the project will not result in the degradation of nearby tidal wetlands, watercourses, or other coastal natural resources. Likewise, the project does not pose a risk to public health, safety, or welfare, nor does it interfere with the exercise of other property rights. For these reasons, the Planning Board concludes that the benefits of the Proposed Action outweigh any potential negative impacts to the community, including the nearby watercourses, wetlands and buffer areas. 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. 10 Planning Board June 11, 2025 NOW, THEREFORE, BE IT RESOLVED that the Planning Board hereby finds, pursuant to §114- 7(E) of the Town Code, based upon the record before it and after due consideration of the above criteria set forth in § 114-7(D), that the Applicant's proposed regulated activity is consistent with the purposes of the Local Waterfront Revitalization Plan and the Wetlands and Watercourses Protection Law of the Town of Mamaroneck, as set forth in § 114-1, and that the action to be taken will minimize all adverse effects on such policy to the maximum extent practicable: • To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses; to prevent despoliation and destruction; to regulate their use and development; and to secure the natural benefits of wetlands and watercourses that 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. 11 Planning Board June 11, 2025 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 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. 15. With respect to the swimming pool: 12 Planning Board June 11, 2025 (a) Pool filters shall be cleaned and organic waste removed in a manner that avoids any contamination of the Property or any adjacent property including, without limitation, adjacent wetlands and watercourses. (b) All pool chemicals shall be stored in closed containers kept in an enclosed area at a height that exceeds the base flood elevation. (c) There shall be no discharge of water from a swimming pool on the Property other than into the sanitary sewer as shown on the approved drawings, or to an appropriate tank vessel for handling and disposal by a licensed waste hauler. (d) Pool disinfection systems are limited to use of a salt -water pool system or UV disinfection system and shall not use chlorine or chlorine -based chemicals. This decision is hereby certified and shall be filed with the Town Clerk. Application #5 — 59 Myrtle Blvd. — Form Tec USA LLC — Residential Site Plan — Consideration Mike Charitou, applicant, and Andrew Zimmerman, architect for the applicant were present to address the Board and provided an overview of the proposed single-family home. The applicant and Planning Board discussed a previous approval by the Town Zoning Board of Appeals. Ms. Aitchison requested that the applicant have an arborist provide a report on a tree in the driveway. Motion: To schedule the public hearing Moved by Edmund Papazian seconded by James Carroll Action: Unanimously approved The Chairman requested Counsel to prepare a draft resolution for the purpose of facilitating discussion at the next Planning Board meeting. Application #6 — 7 Evergreen Lane — Robert Santangelo — Residential Site Plan, Tree Removal Permit — Consideration John Knoetgen, architect, Nicholas Shirriah of Hudson Engineering, and Dan Sherman, landscape architect, were present to address the Board and provide an overview of the application for a new single-family residence and proposed tree removal. The Planning Board, staff and representatives for the applicant discussed the wetlands on the property and the applicant agreed to have the wetlands flagged. 13 Planning Board June 11, 2025 The Planning Board referred the application to the Coastal Zone Management Commission and scheduled a public hearing for July, with the understanding that the public hearing will remain open if the CZMC does not complete its review of the application prior to the July Planning Board meeting. The meeting was adjourned at 9:30 P.M. Mi lutes prepared by WI Jami Sheeky, 1 Planning Board Secretary 14