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HomeMy WebLinkAbout2025_11_12 Planning Board MinutesMINUTES Planning Board Meeting Wednesday,November 12,2025 Town Center —740 W.Boston Post Road,Mamaroneck,NY 10543 7:30 PM PRESENT:Ralph Engel,Chair Elizabeth Cooney,Vice Chair Ira Block,Board Member James Carroll,Alternate Board Member ABSENT:Edmund Papazian,Board Member Ron Mandel,Board Member Jami Sheeky,Flaming Board Secretary Robin Nichinsky,Liaison to Town Board ALSO PRESENT:Elizabeth Aitchison,Environmental Planner Carol Murray,F.E.,Deputy Town Engineer Lisa Hochman,Counsel to the Flaming Board Anthony Oliveri,F.E.,Consulting Engineer CALL TO ORDER The meeting was called to order at 7:30 PM.The Deputy Town Engineer,?lling in for the Flaming Board Secretary,called the roll and established that a quorum was present.She further stated that all applications on the agenda for public hearing were duly noticed,all required referrals had been made 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 October 8,2025,meeting. Motion:To approve the draft minutes of October 8,2025,as modi?ed Moved by James Carroll seconded by Ira Block Action:Approved , Application #1 —1-16-450 Seton Road —JAF Builders Corp.Residential Site Plan,Tree Removal Permit —Continued Public Hearing —Adjourned at the Applicant’s Request The applicant for 1-16-450 Seton Road had requested an adjournment.The public hearing remains open. FOUNDLD 1661 .-_.. H s :,-.. ,,.‘..... I "I .. r .'II.. .-..,.|._...u.. ‘_ I .II 'I II 'I'»H Planning Board November 12,2025 Application #2 —Westchester Design Center,2444 Boston Post Rd.-Colfax Industries -Special Use Permit Extension —Public Hearing Annemarie Isidore was present to address the Flaming Board and request an extension of the special use permit.Ms.Isidore stated that no changes are requested. Motion:To open the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action:Approved 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 Motion:To adopt the draft resolution for special use permit extension,as modi?ed Moved by Ira Block seconded by James Carroll Action:Approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT Westchester Design Center -2444 Boston Post Road Town of Mamaroneck,New York On motion of Ira Block,seconded by James Carroll,the application of Westchester Design Center/Colfax Industries (the “Applicant”)for the extension of a special use 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 4 to 0,with no abstentions: WHEREAS,the Applicant is the lessee of retail space located at 2444 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503,Lot 137 (the “Property”);and WHEREAS,the Property is located within the SB-R District which allows retail stores as a special use pursuant to Section 240-31.B(1)of the Zoning Code of the Town of Mamaroneck (the “Town Code”);and WHEREAS,the Applicant submitted an application for a Special Use Permit for use of the Property as a store for the sale of goods at retail;and WHEREAS,the last extension of this special use permit expired on September 9,2024;and WHEREAS,the Deputy Town Engineer stated that all required referrals were made pursuant to Section 240-61.E of the Town Code;and :.II A I'-II ' '-II I I " I I 'I'i .II I III ''I I I ‘ II ' z ' .I |'I -II II II-I :I|l I I m |'-II II..-|I I II I ‘" I.L I -I I II I I II.''I .II II -: I _ II I I I..I II {a |I f I I ‘I III A II - II _ H ,II I 2 II I-I31 ‘ =-I I.-I I ;II'I' _ I III I I II I I -v »III I I II 5 I I II > I “ I I'I‘- II =‘| .II:I. =_.I I 'I I I I I I II 4 I II II I II .I -I In I . I I 2.- n. II. '? I. Plaming Board November 12,2025 WHEREAS,the Town Building Inspector issued a memorandum to the Planning Board,dated October 1,2025,stating that there are no zoning violations on the Property;and WHEREAS,a duly noticed public hearing was held on November 12,2025;and WHEREAS,the Flaming Board considered the Application and comments of the Flaming Board staff and consultants and heard any interested members of the public;and WHEREAS,the Flaming Board has determinedthat the proposed action is a Type 11action and that, therefore,no further action is required under the New York State Environmental Quality Review Act; and WHEREAS,The Applicant has indicated that there has been no change in circumstances in the area which would require the Flaming Board to deny extension of this special use permit. NOW,THEREFORE,BE IT RESOLVED,that the Flaming Board makes ?ndings of facts required by Section 240—62of the Zoning Code of the Town of Mamaroneck,as follows: A.That the proposed use is in general harmony with the surrounding area and shall not adversely impact upon adjacent properties due to the traf?c generated by said use or the access of traf?c from said use onto and off of adjoining streets. B That the operations in connection with the special permit use will not be more objectionable to nearby properties by reason of noise,fumes,vibration,?ashing of lights or other aspects than would be operations of any permitted use not requiring a special permit. C.That the proposed extended special permit use will be in harmony with the general health,safety and welfare of the surrounding area and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. D.That there are not existing violations of this chapter on the property which is the subject of the application. BE IT FURTHER RESOLVED,that this application is hereby APPROVED,subject to the following terms and conditions: 1.The hours of operation shall not exceed 9:00 a.m.to 5:00 pm.Monday,Tuesday,Wednesday and Friday,from 9:00 a.m.to 7:00 pm.on Thursdays and Saturday and Sunday from 10:00 a.m.to 3:00 pm. 2.This permit will expire on September 9,2026. 3.This permit is subject to the termination requirements set forth in Sections 240-64 and 240-65 and the use restrictions set forth in Section 240-31 of the Town Code. 4.In accordance with Section 240-61.F of the Town Code,the Applicant shall be required to pay to the :I I :.I II I II..I, I I I I .r:_ I I I II _ H Flaming Board November 12,2025 Town its actual cost of technical reviews,including,without limitation,consulting fees,within 30 days of the date hereof. This decision is hereby certifiedand Shall be ?led with the Town Clerk. Application #3 —Majestic Glass and Mirrors,LLC,2423 Boston Post Rd.-Special Use Permit Extension ——Public Hearing Henry Morocho was present to address the Flaming Board and request an extension of the special use permit.Mr.Morocho stated that no changes are requested. Motion:To open the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action:Approved 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 Motion:To adopt the draft resolution for special use permit extension,as modi?ed Moved by Elizabeth Cooney seconded by Ira Block Action:Approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT MAJESTIC GLASS AND MIRRORS LLC 2423 Boston Post Road,Town of Mamaroneck,New York On motion of Elizabeth Cooney,seconded by Ira Block,the application to extend the special use permit of Majestic Glass and Mirrors 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 4 to 0,with no abstentions. WHEREAS,Majestic Glass and Mirrors LLC (the “Applicant”),submitted an application to extend the previously issued special use permit for use of the premises at 2423 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505,Lot 463,as an establishment to modify and sell glass and mirrors;and WHEREAS,Section 240-30.B of the Code of the Town of Mamaroneck (the “Town Code”)lists stores for the sale of goods as a special permit use;and WHEREAS,the Applicant’s prior special use permit extension expired on October 10,2024;and III "II II I .I,:II “I.-I . I I I —I I I l I T II It .|4|xI 'I ‘I :I' ,.‘|‘ .I I '._ HI . " I II I I II .—I II . ,r ‘ I 'I IIII 'I’ .I ---I III II '|- II __I I I ,III v-I "III I .-III II II -I -:‘ II -I 'l I—II I ' ——.- I —A I I ' I.I-I ,-I'I '...I -- I A :I _I II _ I I I ,II :I -,''v I.I I..:I I I I III I I I II I I)._--I —.I--'II =-I -L H .II . I I .II II I II .I-I :II I -I I’II ,I I .:II‘|I .II I I l .r ‘I -I I. 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I I I I 'I |-I --III T..Ir L .I I —‘Ii |-'I '' I " —. .K —_II v I I I I I »I I II II --1 ~' Planning Board November 12,2025 WHEREAS,the Town Building Inspector issued a memorandumto the Planning Board,dated November 4,2026,stating that there are no zoning violations on the Property;and WHEREAS,the Flaming Board held a duly noticed public hearing as to the application on November 12,2025;and WHEREAS,all required referrals were made pursuant to Section 240-61.E of the Town Code;and WHEREAS,the Flaming Board has considered the Application and comments of the Town staff and the Town’s Consulting Engineer and heard any interestedmembers of the public;and WHEREAS,Section 240-64 of the Town Code states:“All special permits shall be issued for a period of no more than two years,and,upon the expiration of the two—year period,the applicant must apply for an extension of the special permit and demonstrate that there has been no change in circumstances in the area which would require the Planning Board to deny such extension.” WHEREAS,Section 240-62 of the Zoning Code of the Town of Mamaroneck provides that the Planning Board shall not grant a special permit unless it determines the standards stated therein have been met; and WHEREAS,the Planning Board has determined that the proposed action is a Type II action having no signi?cant adverse impact on the environment and that,therefore,no further action is required under the New York State Environmental Quality Review Act or the Town of Mamaroneck Environmental Quality Review Act;and WHEREAS,The Applicant has indicated that there has been no change in circumstances in the area which would require the Planning Board to deny extension of this special use permit. NOW,THEREFORE,BE IT RESOLVED,that the Plaming Board makes ?ndings of fact as follows. A.The proposed use,as limited by the conditions set forth herein,is in harmony with the surrounding area and will not adversely impact upon the adjacent properties due to traf?c generated by said use or the access of traf?c relating to said use onto or off of adjoining streets. B.The operations in comection with the special use permit,as limited by the conditions set forth herein,will be no more objectionable to nearby properties by reason of noise,fumes and vibrations, ?ashing of lights or other aspects than would be the operations of any other permitted use not requiring a special use permit. C.The proposed extendedspecial use permit,as limited by the conditions set forth herein,will be in harmony with the general health,safety and welfare of the surrounding area by the nature of its particular location.It will not adversely impact upon surrounding properties or surrounding property values. Flaming Board November 12,2025 D.There are no existing violations of Chapter 240 of the Code of the Town of Mamaroneck relating to the subject property. BE IT FURTHER RESOLVED,that the Flaming Board GRANTS the application to extend the applicable special use permit,subject to the following terms and conditions: 1.The hours of operation shall not extend beyond 8:30 am to 5:00 pm Monday through Friday,and 9:00 am to 2:00 pm on Saturday. 2.This special use permit extension shall expire on October 10,2026. 3.The Applicant shall be responsible for the proper maintenance of any garbage dumpsters used in connection with its operations,and shall comply with any and all directives with respect thereto issued by the Town Building Inspector or any other member of the Town Building Department. 4.This special use permit is subject to termination requirements set forth in Sections 240-64 and 240- 65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. 5.The Applicant may use the portion of the premises now used for cutting glass as an of?ce or additional show room without obtaining an additional or modi?ed special use permit. This resolution is hereby certi?edas true and correct and shall be ?led with the Town Clerk. Application #4 —Village Square Bagels,Inc.,1262 Boston Post Rd.-CW Village Square,LLC - Special Use Permit Extension —Public Hearing John Mercaldi was present to address'the Planning Board and request an extension of the special use permit.Mr.Mercaldi stated that were no changes are requested. Motion:To open the public hearing Moved by Elizabeth Cooney seconded by Ira Block Action:Approved There were no questions or comments from members of the public. Motion:To close the public hearing Moved by Elizabeth Cooney seconded by James Carroll Action:Approved Motion:To adopt the draft resolution for special use permit extension,as modi?ed Moved by James Carroll seconded by Ira Block Action:Approved RESOLUTION EXTENSION OF SPECIAL USE PERMIT II II I ‘...I I.II "="II 'I ;HI ':v "' I II II .---.=II I II .II I HII I .'II I II |.I I ‘I' II 'II 'I ‘"‘ ;I I I .I .H -lIIII I I -|- I. f .|I _ ..,-..v I I 'IE _II I I . I II _I IV _.I I I =..I I . -I I I III II I II 1'II "“ |I =I I II ;:I _I I I _ I --I :I H IV." I-I .II I I I "I II I I u II II I -I _-.III I . I I-II I I T _ ‘ I |_.—‘|I I I =I II I _ - -ml I ‘|. I I '‘ I I -'-'’1“n "' ..7.I II -II |-- H II -I HI ' ... I‘l II I I I I =' I; I |'I -'' .l',I .|I:I "I. '-'I I -|'' Flaming Board November 12,2025 Village Square Bagels,Inc.—1262 Boston Post Road Town of Mamaroneck,New York On motion of James Carroll,seconded by Ira Block,the extension of a previously approved and extended Special Use Permit for Village Square Bagels,Inc.(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 4 -0,with no abstentions. WHEREAS,Section 240-30.C(2)of Code of the Town of Mamaroneck (the “Town Code”)lists take- out food establishment as a specially permitted use in the B—Rzoning district;and WHEREAS,on May 13,1992,the Applicant was awarded a special use permit for use of the premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Section 4 Block 7 Lot 192 (the “Property”)as a take-out food establishment in the B-R zoning district;and WHEREAS,Section 240-64 of the Town Code states:“All special permits shall be issued for a period of no more than two years,and,upon the expiration of the two-year period,the applicant must apply for an extension of the special permit and demonstrate that there has been no change in circumstances in the area which would require the Planning Board to deny such extension”;and WHEREAS,in accordance with Chapter 144 of the Town Code,a duly noticed public hearing was held on November 12,2025;and WHEREAS,the Town Building Inspector issued a memorandum to the Planning Board,dated November 4,2025,stating that there are no zoning violations on the Property;and WHEREAS,the Planning Board has considered this application as well as comments of Town staff and consultants and heard any interested members of the public;and WHEREAS,the Applicant’s prior extension of the special use permit expired on April 10,2023;and WHEREAS,the action is Type II pursuant the Section 92-8(1 6)Town Code and thus no further environmentalreview is required pursuant to the New York State Environmental Quality Review Act or the Town of MamaroneckEnvironmentalQuality Review Act;and WHEREAS,the Applicant has indicated that there has been no change in circumstances in the area which would require the Flaming Board to deny extension of this special use permit. NOW,THEREFORE,BE IT RESOLVED,that in accordance with Section 240-62 of the Town Code,this Board makes the following ?ndings of fact,as limited by the conditions hereinafter set forth: A.That the proposed use is in general harmony with the surrounding area and shall not adversely impact upon adjacent properties due to the traf?c generated by said use or the access of traf?c from said use onto and off of adjoining streets. y, Flaming Board November 12,2025 B.That the operations in connection with the special permit use will not be more objectionable to nearby properties by reason of noise,fumes,vibration,?ashing of lights or other aspects than would be operations of any permitted use not requiring a special permit. C.That the proposed special permit use will be in harmony with the general health,safety and welfare of the surrounding area and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. D.That there are no existing violations of Chapter 240 of the Town Code on the Property. BE IT FURTHER RESOLVED,that this Board APPROVES the extension of the Applicant’s Special Use Permit for continued use as take-out food establishment subject to the following tenns and conditions: 1.The hours of operation shall not exceed 6:00 am.to 9:00 pm.seven (7)days a week. 2.Seating capacity will be limited to nineteen (19)seats 3.Unless otherwise determined by the Town Building Department,the Applicant shall continue to utilize the filtering device currently in place to reduce,to the extent practicable,the discharge of seeds and other by-products of its operations into the Town’s sewer lines. 4.The Applicant shall cooperate with the Town Building Inspector to make any modi?cations to such ?ltering device that the Town Building Inspector determines to be appropriate,from time to time to maintain and/or improve its effectiveness or,if appropriate in the solejudgment of the Building Inspector,shall remove such device subject to applicable Federal,State and local regulations. 5.Access to all exits including,without limitation,the rear emergency exits shall be totally unobstructed,inside and outside the building,at all times. 6.The pathway behind the store,from the rear exit to and including the stairs leading from it,shall remain free and clear of all objects at all times,even temporarily,shall be totally unobstructed at all times,shall be kept free of snow and ice as if it were a sidewalk,and shall have nothing hanging from its railing. 7.This Special Use Permit Renewal shall expire on April 10,2026. 8.This Special Use Permit Renewal is subject to the requirements set forth in Chapter 240,Article IX and the use restrictions set forth in Section 240-30 of the Town Code. 9.There shall be no parking of commercial vehicles associated with the specially permitted use of the Property except against the side of the building.The Applicant shall seek to have the owner of the shopping center designate,by the posting of readily legible signs,up to two (2)parking spaces Planning Board November 12,2025 along the side of the building closest to the dumpster enclosure as "Parking for Village Bagels Trucks Only". This decision is hereby certifiedas true and correct and shall be?ledwith the Town Clerk. Application #5 —25 Stonewall Lane Tony Gao and Chen Di —Residential Site Plan,Tree Removal Permit —Public Hearing Alan Pilch,P.E,R.L.A.of ALP Engineering and Landscape Architecture,PLLC,and Alison Lange of Alloy Design Studio,PLLC,were present to address the Planning Board. Mr.Oliveri stated that the applicant responded to all outstanding Engineering comments.Ms. Aitchison stated that landscaping and tree removal comments were addressed as well. Motion:To open the public hearing Moved by Ira Block seconded by Elizabeth Cooney Action:Approved There were no questions or comments from members of the public. Motion:To close the public hearing Moved by Elizabeth Cooney seconded by James Carroll Action:Approved Motion:To adopt the draft resolution for residential site plan and tree removal,as modi?ed Moved by Elizabeth Cooney seconded by James Carroll Action:Approved RESOLUTION Approval of Residential Site Plan and Tree Removal Application 25 Stonewall Lane Town of Mamaroneck,New York On motion of Elizabeth Cooney,seconded by James Carroll.the residential site plan and tree removal application of Tian Gao and Chen Di (the “Applicant”)was APPROVED by the Flaming Board of the Town of Mamaroneck (the “Plannin Board”upon the following resolution,which was adopted by a vote of 4 to 0,with no abstentions: WHEREAS the property is located at 25 Stonewall Lane (known on the Tax Assessment map as Section 3,Block 33,Lot 734,and within the R-20 Residential Zoning District in the Town of Mamaroneck,New York (the "roperg");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 Flaming Board November 12,2025 WHEREAS the Applicant seeks to develop a new single-family dwelling (the “Residential Site Plan A lication”)and to remove nine (9)trees,seven (7)of which are on the Property and two (2) of which are street trees (the “Tree Removal A lication”)(the “Pro osed Action”);and WHEREAS the Applicant proposes to plant twenty-two replacement trees on the Property and two (2)new street trees,for a total of twenty-four (24)new trees,which is two (2)more trees than required by the Tree Law: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 permit;and 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 Consultin En ineer”)reviewed the following plans (hereinafter referred to as the “Plans”): 0 Topographic Survey prepared by Stephen F.Hoppe,L.S.,dated December 18,2024; 0 Plan set entitled “25 Stonewall Lane Landscape Improvements”prepared by Alloy Design Studio,PLLC,dated June 4,2025,last revised October 21,2025; o Planting Plan,Sheet L-400,prepared by Alloy Design Studio,PLLC,dated June 4,2025,last revised November 5,2025; 0 Plan set entitled “Gao Property”,prepared by ALP Engineering &Landscape Architecture, PLLC,dated February 26,2025,last revised October 20,2025; o SWPPP/Storrnwater Management Report,prepared by ALP Engineering &Landscape Architecture,PLLC,dated August 25,2025; o Planting Plan,Sheet L-400,prepared by Alloy Design Studio,last revised 11/5/25 WHEREAS the Town Building Inspector issued a memo to the Flaming Board dated November 4, 2025,(the “Zonin Com liance Memo”),which stated that based upon a review of the plans prepared by Alan L.Pilch,P.E.dated April 14,2025 and last revised on October 20,2025,for a proposed single-family dwelling at 25 Stonewall Lane,he found the plans to be zoning compliant with Chapter 240 of the Town Code for a property in a R-20 zoning district;and WHEREAS a duly noticed public hearing for the Application was held on October 8 and November 12, 2025;and WHEREAS on November 12,2025,the Deputy Town Engineer 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 Residential Site Plan Law and the Town Tree Law;and WHEREAS the Coastal Zone Management Commission (“CZMC”)reviewed the Application at its 10 Planning Board November 12,2025 meeting on September 29,2025,and issued a letter to the Planning Board,dated October 7,2025 (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 October 1,2025 (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 Flaming Board approve the Applicant’s tree removal application;and WHEREAS the Planning Board has considered the application,including the herein speci?ed Plans, comments and responses to questions by the Applicant and its representatives,the Zoning Compliance Memo,the CZMC Letter,the EnvironmentalPlanner’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 11action having no signi?cant impact on the environment pursuant to the New York State EnvironmentalQuality Review Act,6 NYCRR§617 et seq.and §92-8.A(22)of the Town of Mamaroneck EnvironmentalQuality Review Law and,accordingly,no ?thher environmental review is required. NOW,THEREFORE,BE IT RESOLVED,that the Flaming Board hereby adopts the recommendations of the Environmental Planner,and APPROVES the Applicant’s Tree Removal Application,as re?ected 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 re?ected 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 modi?ed in accordance with the direction of the Planning Board,which modi?cations were agreed to by the Applicant. 2.The Applicant shall submit the ?nal plans to the Town Building and Engineering Departments for review and approval prior to the granting of any building permits. 1 ax l‘, H I ‘f I I n J _ H 1" N . v,. 10. ll 12. Flaming Board November 12,2025 Any and all applicable county,state,federal and/or regional permits shall be obtained prior to the issuance of any Town permits. Pursuant to Section 178-16 of the Town Code,in the event that subsequent events may require any modi?cation to the site plan approved by this resolution,a determination shall be made by the Town Engineer as to whether the modi?cation is material and thus should be further considered by the Flaming Board. 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. 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 theirdesignated representative(s). In accordance with Section l78—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. 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. Prior to the issuance of a Certi?cate of Occupancy or a Certi?cate 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. In accordance with Section 178-]7B of the Residential Site Plan Law,no Certi?cate of Occupancy or Certi?cate of Completion shall be issued until all of the required conditions of this approval have been met. The term “Applicant”is used herein with the intent to impose a ?lture obligation or condition on the Applicant,as de?ned above,and on any successors or assignees in/of an ownership interest of the Property or any portion thereof. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. i .__ :I L .I. I I u I. I III II. J _; | M I I I I; ,.I; I | e '4 '|I IN 2I VTI II .I I I‘I II 'I | I II I I :'I |' I n I I n ..'-. I I I. I I II I II I - 'I II In I I I H:I II .—--I . I'L-I'I:--''v t I .r I I .z T |‘I'' III . III 'II ...| I .‘I z.-—. III .I-I I . I.II 1 I‘u I .TI L .I _I.-\'\ II T -I Planning Board November 12,2025 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 removalon the Property,the Applicant shall comply with Section 106-58.]of the Town Code (the Town's mechanical rock removal law)and shall provide the Building Department with a complete copy of the survey required by that Section to the owner(s)of the applicable surveyed 10t(s)at least ten (10)days before the mechanical rock removal COI’anHCGS. 15.With respect to the importation of ?ll 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. 0 Prior to the issuance of a Certi?cate of Occupancy or Certi?cate of Completion,the Applicant shall provide the Town Engineer with trucking manifests for all ?ll material imported to the site. .All imported ?ll material shall consist of natural rock or of clean soils meeting the soil constituent concentrations for “Unrestricted Use”as de?ned by the NYSDEC DER-10 technical memorandum. 16.To the satisfaction of the Town Environmental Planner,all tree removal,protection and landscape plantings shall be in compliance with the Plans,and the Town Tree Law (as such terms are de?ned 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. 18.Pursuant to the EnvironmentalPlanner’s Memo,the Applicant shall retain an arborist on site during construction. (a)Prior to the issuance of a building permit,the Applicant shall submit,to the satisfaction of the Environmental Planner,a copy of the inspection and treatment plan/schedule describing how the arborist will monitor work around trees,including,without limitation,how often the Property will be inspected,and at what construction phases,and if there are any pre-or post- construction activities or treatment practices the arborist will perform to preserve or enhance the health of the trees. This decision is hereby certifiedas true and correct and shall befiledwith the Town Clerk. Application #6 —36 Byron Lane Blair Dver Residential Site Plan,Tree Removal Permit — Public Hearing 13 Planning Board November 12,2025 Nicholas Shirrah of Hudson Engineering,engineers for the applicant,Liam Winters,architect for the applicant and Ms.Dver,were present to address the Flaming Board. Motion:To open the public hearing Moved by Ira Block seconded by Elizabeth Cooney Action:Approved Mr.Oliveri stated that the has applicant responded to all outstanding engineering comments Ms. Aitchison stated that landscaping and tree removal comments were addressed as well. There were no questions or comments from members of the public. Motion:To close the public hearing Moved by James Carroll seconded by Ira Block Action:Approved Motion:To adopt the draft resolution for residential site plan and tree removal,as modi?ed Moved by Ira Block seconded by Elizabeth Cooney Action:Approved RESOLUTION Approval of Residential Site Plan and Tree Removal Application 36 Byron Lane Town of Mamaroneck,New York On motion of Ira Block,seconded by Elizabeth Cooney,the residential site plan and tree removal application of Blair Dver (the “A licant”)was APPROVED by the Planning Board of the Town of Mamaroneck (the “Plannin Board”upon the following resolution,which was adopted by a vote of 4 to 0,with no abstentions: WHEREAS the property is located at 36 Byron Lane (known on the Tax Assessment map as Section 1,Block 21,Lot 834,and within the R-10 Residential Zoning District in the Town of Mamaroneck,New York (the "roperty");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 the Applicant seeks to develop a new single-family dwelling (the “Residential Site Plan A lication”)and to remove ?ve (5)trees on the Property (the “Tree Removal A lication”) on the Property (the “Pro osed Action”);and WHEREAS the Applicant proposes to plant thirteen (13)replacement trees on the Property:and WHEREAS pursuant to the Tree Law,because the Applicant seeks residentialsite plan approval,the Planning Board is the approving authority for the Applicant’s tree removal permit;and 14 Flaming Board November 12,2025 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 Flaming Board to be complete;and WHEREAS the Town Engineer,the Town Building Inspector and AI Engineers,Inc.,Dolph Rotfeld Engineering Division,(the “Town’s Consultin En ineer”)reviewed the following plans (hereinafter referred to as the “Plans”): 0 Property Survey prepared by Ronald Fersaud,LS,dated December 12,2024; 0 Plan set entitled “Dver Residence”prepared by William G.Winters Architect,PC,dated September 12,2025,last revised November 5,2025; 0 Plan set entitled “Proposed Additions &Alterations —36 Byron Lane”,prepared by Hudson Engineering &Consulting,P.C,dated August 22,2025,last revised October 20,2025; o StormwaterManagement Plan &Drainage Analysis,prepared by Hudson Engineering & Consulting,P.C.,dated August 22,2025;and 0 Tree Removal Plan prepared by William G.Winters Architect,PC,dated August 20,2025. WHEREAS the Town Building Inspector issued a memo to the Planning Board dated November 4, 2025,(the “Zonin Com liance Memo”),which stated that based upon a review of the plans titled DVER Residence prepared by William G.Winters,R.A.for a proposed single-family dwelling at 36 Byron 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 November 12,2025;and WHEREAS on November 12,2025,the Deputy Town Engineer 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 Flaming Board hereby ?nds 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 the Coastal Zone Management Commission (“CZMC”)reviewed the Application at its meeting on September 29,2025,and issued a letter to the Flaming Board,dated October 7,2025 (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 Flamer issued a memo to the Planning Board,dated October 1,2025 (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 WHEREAS the Planning Board has considered the application,including the herein speci?ed Plans, comments and responses to questions by the Applicant and its representatives,the Zoning Compliance 15 u I _ u .I~I H -.. V ~''- ,._..I . .II I v v. I I II —.III - I I . N I I -I 5?II Planning Board November 12,2025 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 Plaming 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 11action having no signi?cant 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 re?ected in and in conformance with the Plans,and subject to the terms and conditions enumerated below. NOW,THEREFORE,BE IT FURTHER RESOLVED,that the Flaming Board hereby APPROVES the Applicant’s Residential Site Plan Application for the Property as re?ected 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 modi?ed in accordance with the direction of the Plaming Board,which modi?cations were agreed to by the Applicant. 2.The Applicant shall submit the ?nal 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 modi?cation to the site plan approved by this resolution,a determination shall be made by the Town Engineer as to whether the modi?cation is material and thus should be further considered by the Plaming Board. 5.The Applicant will arrange a pre—constructionmeeting 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 16 _. RI'.n H .,_. . n u ‘I : . . M' n n u Flaming Board November 12,2025 of erosion and sediment control devices,tree protection and any other measures intended to mitigate constructionimpacts. 6.Work conducted under Town permits shall be open to inspection at any time,including weekends and legal holidays,by the Town of MamaroneckBuilding 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 consultationwith 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 Certi?cate of Occupancy or a Certi?cate 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.Bof the Residential Site Plan Law,no Certi?cate of Occupancy or Certi?cate 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 ?iture obligation or condition on the Applicant,as de?ned 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 Department with a complete copy of the survey required by that Section to the 0wner(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 ?ll 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. 1 Planning Board November 12,2025.Prior to the issuance of a Certi?cate of Occupancy or Certi?cate of Completion,the Applicant shall provide the Town Engineer with trucking manifests for all ?ll material imported to the site. 0 All imported ?ll material shall consist of natural rock or of clean soils meeting the soil constituent concentrations for “Unrestricted Use”as de?ned by the NYSDEC DER-10 technical memorandum. 16.To the satisfaction of the Town Environmental Planner,all tree removal,protection and landscape plantings shall be in compliance with the Plans,and the Town Tree Law (as such terms are de?ned 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 certifiedas true and correct and shall be ?led with the Town Clerk. OTHER BUSINESS The Planning Board and staff discussed a memo to the Flaming Board,dated October 24,2025, submitted by William Maker,Jr.,Town Attorney,regarding a proposed amendment to the Town Code,entitled “Proposed amendment for mailing notices”.Upon motion of Chairman Engel, seconded by Vice Chair Cooney,the Board unanimously voted to direct Ms.Hochman to advise the Town Attorney that they have no objection to the proposed change but note that no mailing area is speci?ed for properties less than 5,000 square feet. The meeting was adjourned at 8:15 P.M. inutes prepar d by Jami Sheeky, Flaming Board Secreta 18