HomeMy WebLinkAbout2025_05_14 Planning Board Minutes7
MINUTES
Planning Board Meeting
Wednesday,May 14,2025
Town Center —740 W.Boston Post Road,Mamaroneck,NY 10543
7:30 PM
PRESENT:Ralph Engel,Chair
ElizabethCooney,Vice Chair
Edmund Papazian,Board Member
Sarah Dunn,Alternate Board Member
James Carroll,Alternate Board Member
ABSENT:lra Block,Board Member
Ron Mandel,Board Member
Elizabeth Aitchison,Environmental Planner
ALSO PRESENT: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
CALL TO ORDER
The meeting was called to order at 7:32 RM.The Secretary called the roll and established?thataquorum
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 April 9,2025,meeting.
Motion:To approve the draft minutes of April 9,2025,as modi?ed
Moved by Elizabeth Cooney seconded by Sarah Dunn
Action:Approved
Abstained:Ralph Engel,Edmund Papazian
Application #1 —2434 Boston Post Road,Larchmont Car Wash 2434 Boston Post Road
thy Corp.—Special Use Permit Extension —Public Hearing
Michael Lage appeared on behalf of the applicant for the extension of the Special Use Permit
at Larchmont Car Wash,2434 Boston Post Road.
FUIJNDED 1661
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Planning Board
May 14,2025
Mr.Lage stated that there are no proposed changes to the use of the property.
Motion:To open the public hearing
Moved by Elizabeth Cooney seconded by Edmund Papazian
Action:Unanimously approved
There were no comments from members of the public.
Motion:To close the public hearing
Moved by Elizabeth Cooney seconded by Edmund Papazian
Action:Unanimously approved
The Board members discussed the draft resolution prepared by Counsel.
Motion:To approve the draft resolution to extend the special use permit
Moved by Elizabeth Cooney seconded by James Carroll
Action:Unanimously approved
RESOLUTION
EXTENSION OF SPECIAL USE PERMIT
LARCHMONT CAR WASH
2434 Boston Post Road
Town of Mamaroneck,New York
On motion of Elizabeth Cooney,seconded by James Carrol,the application to extend the special use
permit of 2434 Boston Road Realty Corp.(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 Applicant submitted an application to extend its special use permit for the operation
of a car wash on the premises located at 2434 Boston Post Road and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 503,Parcel 326.1;and
WHEREAS,Section 240-31(B)(l)of the Zoning Code of the Town of Mamaroneck permits car washes
as a special use;and
WHEREAS,on April 12,2023,the Applicant’s special use permit was extended for two years;and
WHEREAS,the Planning Board has determined that the proposed action is a Type 11action having no
signi?cant adverse impact upon 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 Town Building Inspector issued a memo to the Planning Board dated May 7,2025 which
stated that there are no violations at the subject property;and
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WHEREAS,the Planning Board held a duly noticed Public Hearing about the application on May 14,
2025;and
WHEREAS,the prior extensionof the special use permit expired on April 10,2025;and
WHEREAS,the Planning Board has considered the application to extend the special use permit,the.
special use permit extension checklist certi?ed as accurate and complete by the Applicant,the Zoning
Compliance Memo,comments and responses to questions by the Applicant,the reports and comments
of members of the Town staff and any comments by interested members of the public;and
WHEREAS,Section 240-64 of the Town Code states:“All special permits shall be issued for a period
of not 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.”
NOW,THEREFORE,BE IT RESOLVED,that the Planning Board makes ?ndings of fact as follows:
A.The proposed use,as limited by the conditions set forth herein,is in general harmony with the
surrounding area and shall 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 connection 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,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 special use permit use,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 propertiesor surrounding property values.
D.The property subject to this special use permit has no existing Violations of the Town of Mamaroneck
Zoning Ordinance.
E.There has been no change in circumstances in the area which would require the Planning Board to
deny the extension of the special use permit;and
BE IT FURTHER RESOLVED,that the Planning Board GRANTS this application to extend the
Applicant’s special use permit,subject to the following terms and conditions:
1.There shall be no signage placed at or facing the rear of the site.
2.No gasoline shall be sold at the site.
3.The hours of operation shall not exceed from 7:00 am.to 8:00 pm.Monday through Saturday and
7:00 am.to 7:00 pm.on Sunday
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May 14,2025
4.There shall be no externally audible public address system,bullhorns or walkie-talkies used on the
premises.
5.All lights,except for security lighting,shall be turned off at the close of business each day.
6.All lights,.including those for the driveway,shall be directed toward the building and away from
neighboring properties,particularly the residential properties to the rear
7.The special use permit extension shall expire on April 10,2027.
8.This special use permit extension is subject to the termination provisions set forth in the Zoning
Code of the Town of Mamaroneck.
9.[Intentionally omitted]
10.Onsite stormwater management systems shall be inspected and maintained on a regular basis.A
licensed professional engineer shall complete an inspection of all on site storm water management
systems,at the Applicant’s expense.Said engineer shall prepare a written report,to the satisfaction
of the Town Engineer,based upon the inspection ?ndings,detailing the conditionand required
system maintenance,and shall submit the report for review by the Town Engineer.Such
maintenance and inspection reports shall be made not less frequently than once every 12 months
and shall be submitted to the Town Engineer within 30 days after the date of such inspection and
prior to the expiration of this special use permit extension.
1 l.The Applicant shall submit to the Town Engineer documentation to demonstrate,to the satisfaction
of the Town Engineer,the performance of all necessary maintenance for the proper operation of
the car wash water recovery and reuse systems.Maintenance records shall be prepared and
submitted by an individual having knowledge of the proper operation of such car wash mechanical
systems acceptable to the Town Engineer and be based upon such individual’s inspection of the
systems on a specified date or dates.Such maintenance and inspection reports shall be made no
less frequently than once every 12 months and shall be submitted to the Town Engineer within 30
days after the date of such inspection and prior to the expiration of this special use permit extension.
12.The Applicant shall ensure that the car wash is operated and staffed so as to preclude any cars from
waiting on and/or backing up onto Boston Post Road.
This resolution is hereby certi?edand shall be ?led with the Town Clerk.
Application #2 —2430 Boston Post Road,Nordone &Sons Auto Body —Nordone &Sons
Auto Body,Inc.—Special Use Permit Extension —Public Hearing
Sam Nordone appeared on behalf of the applicants for the extension of the Special Use Permit
at Nordone &Sons,2430 Boston Post Road.
Mr.Nordone stated that there are no proposed changes to the use of the property.
Planning Board
May 14,2025
Motion:To open the public hearing
Moved by Edmund Papazian seconded by Elizabeth Cooney
Action:Unanimously approved
There were no comments from members of the public.
Motion:To close the public hearing
Moved by Elizabeth Cooney seconded by Edmund Papazian
Action:Unanimously approved
The Board members discussed the draft resolution prepared by Counsel.
Motion:To approve the draft resolution to extend the special use permit
Moved by Elizabeth Cooney seconded by Edmund Papazian
Action:Unanimously approved
RESOLUTION
EXTENSION OF SPECIAL USE PERMIT
NORDONE &SONS AUTO BODY,INC.
2430 Boston Post Road,Town of Mamaroneck,New York
On motion of Elizabeth Cooney,seconded by Edmund Papazian,the application of Nordone &Sons
Auto Body,Inc.(the “Applicant”)to extend its special use permit of 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 Applicant submitted an application to extend its special use permit for use of the
premises at 2430 Boston Post Road,and known on the Tax Assessment Map of the Town of Mamaroneck
as Block 503,Lot 42],to perform auto body and fender repairs;and
WHEREAS,Section 240-31(B)(2)of the Zoning Code of the Town of Mamaroneck permits “facilities
for servicing and repair”as a special use;and
WHEREAS,the Planning Board has determined that the proposed action is a Type 11action having no
signi?cant adverse impact on the environment and that,therefore,no ?lrther action is requited under the
New York State EnvironmentalQuality Review Act or the Town of Mamaroneck Environmental Quality
Review Act;and
WHEREAS,the Town Building Inspector issued a memo to the Planning Board dated May 7,2025 which
stated that there are no violations at the subject property;and
WHEREAS,the Planning Board held a duly noticed public hearing on May 14,2025;and
WHEREAS,the Applicant’sprior extension of its specialuse permit expired on April 12,2025;and
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May 14,2025
WHEREAS,the Planning Board has considered theapplication to extend the special use permit,the
Special Use Permit Extension Checklist certi?ed as accurate and complete by the Applicant,the Zoning
Compliance Memo,comments and responses to questions by the Applicant,the reports and comments
by members of the Town staff and its consultants,and any.comments by members of the public.
NOW,THEREFORE,BE IT RESOLVED,that the Planning Board makes ?ndings of fact as follows:
A.The proposed use,as limited by the conditions set forth herein,is in general harmony with the
surrounding area and shall 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 connection with the special use permit will be no more objectionable to nearby
properties by reason of noise,fumes,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 extended special 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.
D.There are no existing violations of the Town of Mamaroneck Zoning Code affecting the
property which is the subject of this special use permit extension.
E.There has been no change in circumstances in the area which would require the Planning Board
to deny the extension of the special use permit;and
BE IT FURTHER RESOLVED,that the Planning Board GRANTS the application to extend the
applicable special use permit for an automobile repair facility performing auto body and fender repair at
the premises located at 2430 Boston Post Road,subject to the following terms and conditions:
I.Services on the premises shall be limited to auto body and fender repair.No repairs requiring
breakdown of the motor,transmission or universal joints shall be permitted.Repairs to the electrical
system shall not be performed,except as related to accidents and theft.
Only sanding,painting,polishing and reassembly of vehicles shall be performed on the lower level.
lNTENTlONALLY OMITTED.
Hours of operation shall be only from 8:00 a.m.to 7:00 pm.Monday through Saturday.Drop-off
and pickup,however,shall be permitted outside of these hours.
No noise emanating from inside the building shall be audible outside the building,and there shall be
no externally audible public address system,bullhoms or walkie-talkies used on the premises.
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6.All lights,except for security lighting,shall be turned off when the premises are closed for the
evening.
7.All lights for the driveway and parking area shall be directed toward the building.
8.All doors shall be kept closed while work is in progress,except when pedestriansor vehicles are then
moving into or out of the building.All work shall be performed inside the building.
9.The Applicantshall maintain and use state of the art odor control technology.
10.The Applicant shall use a containment tracking material in the exterior drains (“pig mat”or
equivalent)and have the mats collected by an approved toxic waste removal company on a regular
basis,but no less frequently than annually.In addition,the Applicant shall maintain suf?cient
absorbent material in the interior ?oor drain to collect any pollutants,so as to prevent them from
entering the sanitary sewer system.
11.The Applicant shall maintain all necessary permits ?om the Westchester County Department of
Health and the New York State Department of Environmental Conservation relating to air pollution
emissions,waste disposal and spray-paintingprocesses.
12.This special use permit is subject to the termination requirements set forth in the Zoning Code of the
Town of Mamaroneck.
13.This extension shall expire on April 12,2027.
14.Parking on the premises in front of the overhead doors shall be permissible only for vehicles operated
by the Applicant’s customers,or the Applicant’s suppliers making deliveries to the Applicant,and
such parking only shall be permissible for one (1)hour or less.
15.There shall be no overnight parking or storage of vehicles owned by the Applicant,its customers or
its employees on the adjoining Van Guilder Street right-of-way,unless such use is permitted by an
agreement between the Applicantand h the Town of Mamaroneck,or the Applicant has purchased,
leased or obtained a license to use the referenced property for such purpose,and any such lease or
license is then in effect.
This resolution is hereby certi?edand shall be ?led with the Town Clerk.
Application #3 —2399 Boston Post Road -2399 Boston Post Road thy Co.-Site Plan,
Wetlands &Watercourses Permit,Special Use Permit —Continued Consideration
The Chair stated that the public hearing was closed at the April 9‘hPlanning Board meeting and Counsel
had been directed to circulate draft resolutions to facilitate discussion.
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May 14,2025
Planning Board member,James Carroll,who had recused himself from this matter at the March 12
Planning Board meeting,stepped off the dais.
Janet Giris,of DelBello Donnellan Weingarten Wise &Wiederkehr,counsel for the applicant,
was present on behalf of the applicant.Ms.Giris requested that the Planning Board take a straw
pull vote prior to voting on the draft resolutions.
The Planning Board discussed the draft resolution for the Wetlands and Watercourses Permit.
Motion:To approve the draft resolution,as modi?ed
Moved by Edmund Papazian seconded by Elizabeth Cooney
Action:Unanimously approved
RESOLUTION
WETLANDS &WATERCOURSES PERMIT
2399‘Boston Post Road
Town of Mamaroneck,New York
On motion of Edmund Papazian,seconded by Elizabeth Cooney,the wetlands and watercourses
permit of 2399 Boston Post Road Realty Corp.(the “Applicant”)to develop two (2)multifamily
apartment buildings at the Property was APPROVED by the Town of Mamaroneck (the “Town”)
Planning Board (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 2399 Boston Post Road,(Property number 5-5-433),2417 Boston
Post Road,(together with an approximately 10-foot strip of land which was acquired by the Applicant
by adverse possession,Property number 5-5-446),6 Deane Place,(Property number 5-5-409)and 10
Deane Place (Property number 5-5-405),all within the SB-R/R-6 Zoning District in the Town of
Mamaroneck,New York (collectively,the ”roperg“);and
WHEREAS the Applicant proposes to construct two (2)four-story residential buildings with a total of
thirty-six (36)(twelve (12)one-bedroom and twenty-four (24)two-bedroom)units and sixty-one (61)
parking spaces on the Property (the “Pro osed Action”),which requires approvals by the Planning
Board pursuant to Chapters 1 14,177,207 and 240 of the Town Code of the Town of Mamaroneck (the
“Town Code”);and
WHEREAS the Proposed Action requires Planning Board approval of a wetlands and watercourses
permit pursuant to Chapter 114 of the Town Code (the “Wetlands and Watercourses Protection Law”
in connection with disturbance in and restoration of the wetlands buffer to the rear of the Property,
including removal of old hardscape,trash and invasive species and extensive planting of native trees,
grasses and shrubs (the “Wetlands and Watercourses Permit”);and
WHEREAS the Proposed Action also requires Planning Board approval of (i)a special use permit
pursuant to Sections 240-31(B)(3)and 240-6]of the Town Code to permit multi-family housing on the
Property (the “S ecial Use Permit”)and (ii)a site plan and authorization to remove trees pursuant to
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May 14,2025
Chapter 177 of the Town Code and Chapter 207 of the Town Code,respectively (“Site Plan and Tree
Removal”);and
WHEREAS the Planning Board’s decision in connection"with the Applicant’s Special Use Permit and
Site Plan &Tree Removal applications shall be set forth in two separate Planning Board resolutions of
concurrent date;and
WHEREAS a portion of the wetland buffer will be used for parking,stormwater utilities and open
space for residents of the apartments (path and picnic area);and
WHEREAS the proposed action is an unlisted action pursuant to the New York State Environmental
Quality Review Act (“SE RA”)but,due to its proximity to a “Critical Environmental Area”it is a
Type 1 action pursuant to the Town of Mamaroneck Environmental Quality Review regulations found
in Chapter 92,Article 1 of the Town Code (“MEQR”);and
WHEREAS at its December 13,2023,meeting,the Planning Board determined the Proposed Action
to be a Type 1action and unanimously voted to designate itself Lead Agency for purposes of coordinated
environmental review pursuant to 6 NYCRR Part 617 and Section 92-3 of the Town Code and directed
that a notice of its intent be sent to all involved agencies;and
WHEREAS on January 19,2024,a notice of intent to be lead agency was sent to all involved and
interested agencies,and since such time there has been no objection to the Planning Board assuming
lead agency status for SEQRApurposes;and
WHEREAS,the Town Engineer,the Town Building Inspector,the Town Environmental Planner 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 Geologic Land Surveying,PLLC,dated 5/31/23;revised
3/13/24
0 Concept Wetland Mitigation Plan,prepared by J .D.Barrett &Associates,LLC,dated 11/20/23
0 Wetland &Environmental Narrative,prepared by Paul J.Jaehnig and included in Paul J.
Jaehnig’s Wetlands and Soils Survey,dated 5/10/23;revised 7/14/23,1/20/24,4/22/24
0 “Compliance Report of Policies No.7 &7A in the Local Waterfront Revitalization Plan”
prepared by Paul J.Jaehnig Wetlands and Soil Consulting,dated December 26,2024,
responding to comments received at the December 11thpublic hearing
0 Stormwater Pollution Prevention Plan &Drainage Analysis,preparedby Hudson Engineering
&Consulting P.C.,dated 8/17/2023;revised 4/19/24,6/12/24,11/22/24
0 Off Site Drainage Analysis prepared by Hudson Engineering &Consulting P.C.,dated
6/12/24;revised 11/26/24
0 Sanitary Sewer Analysis Hudson Engineering &Consulting P.C.,dated 7/8/24;revised
11/26/24
0 Plan set entitled “B.L.D.Apartments”,prepared by RAB Lighting,dated 10/13/23
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0 Site Information Plan,Proposed Planting and Mitigation Plan and Plant Palette Plan,prepared
by JD.Barrett &Associates,LLC,dated 1/2/24;revised 4/23/24,6/13/24,8/23/24,9/23/24,
12/9/24
0 Plan set entitled “Apartment Buildings,2399 Boston Post Road”,prepared by Hudson
Engineering &Consulting P.C.,dated 8/17/23,revised 10/9/2023 12/27/23,4/19/24,6/12/24,
8/23/24,9/24/24,10/29/24,11/22/24;and
0 Plan set entitled “Proposed Apartment Buildings,2399 Boston Post Road”,prepared by Richard
F.Hein Architect,P.C.,dated 11/15/2023;revised 12/26/23,4/22/24,6/13/24,8/20/2024,
9/9/24,10/9/24,10/22/24,11/26/24;12/5/24;12/17/24 and 3/24/25.
WHEREAS,pursuant to the requirements of Chapter 234 of the Town Code,the Town’s Coastal Zone
Management Commission (“CZMC”)discussed and considered the Proposed Action at its meeting on
June 24,2024 and issued a letter to the Planning Board,dated July 2 ,2024 (the “CZMC Letter”),
stating that the Applicant’s proposal is consistent with the policies of the Local Waterfront
Revitalization Program (LWRP ;and
WHEREAS the Planning Board heard public comments asserting that a habitat impairment test is
required by Policy 7 of the LWRP and that such test was not performed;and
WHEREAS based on such comments,the Applicant submitted a “Compliance Report of Policies No.
7 &7A in the Local Waterfront Revitalization Plan”prepared by Paul J.Jaehnig Wetlands and Soil
Consulting,dated December 26,2024;and
WHEREAS LWRP Policy 7 states,in pertinent part:“In order to protect and preserve a Signi?cant
Habitat,land and water uses or development shall not be undertaken ifsuch actions would destroy the
habitat,or signi?cantly impair the viability ofthe habitat”;and
WHEREAS LWRP Policy 7A states,in pertinent part,that areas designated as “Critical Environmental
Areas”“shall be protected,preserved and,where practicable,restored,so as to retain their viability
as habitats”;and
WHEREAS portions of the Property are adjacent to a Critical Environmental Area known as the
Premium Marsh Conservation Area,which is a part of the larger Premium River-Pine Brook Wetlands
Signi?cant Coastal Fish and Wildlife Habitat Area;and
WHEREAS the current state of the Property adjacent to the Critical Environmental Area is impaired
by the prevalence of old hardscape,trash and invasive species;and
WHEREAS as elaborated in the findings set forth below,required by Section 1 14-7.D of the Wetlands
and Watercourses Protection Law,the Planning Board ?nds that the Critical Environmental Area as
well as wetlands,watercourses and their associated buffers will be protected,preserved and restored to
the greatest extent practicable to retain their viability as habitats;and
WHEREAS based upon discussion of the updated documentation provided by Paul J.Jaehnig and
statements by the Town Environmental Planner,the Planning Board specifically ?nds that the wetlands
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May 14,2025
habitat test,as articulated in LWRP Policies 7 and 7a,has been applied and satis?ed;and
WHEREAS the .Town’s Consulting Engineer issued memoranda to the Planning Board dated
December 9,2023,January 12,November 7 and December 5,2024 (collectively the “Town CE
Memos”)
.WHEREAS the 12/9/2023 Town CE Memo stated that (i)the Proposed Action proposes an 18%
reduction in impervious coverage and therefore no signi?cant stormwater detention is proposed,
however the Applicant’s stormwater design provides for stormwater quality with a vegetative swale
and hydro-dynamic separator,(ii)that the Proposed Action will require coverage under the NYSDEC
Phase II regulations,General Permit as a re-development project,(iii)that the Proposed Action
requires a Flood Prevention Permit pursuant to Chapter 110 of the Town Code (the “Flood Dama e
Prevention Law”),(iv)that the Plans demonstrate no net reduction in ?ood storage volumes and,
therefore,it is in compliance with the Flood Damage Prevention Law,(V)that the Proposed Action
necessitates relocation of a Town-owned sanitary sewer and storm drain line,and that each will
require recording necessary easements for Town future access (vi)that sanitary sewer relocation as
well as the service connections will require approval from the Westchester County Department of
Health,(vii)that the Proposed Action will require a NYSDEC wetlands permit and possibly the
United States Army Corps of Engineers and (viii)that a NYSDOT permit will be required,in
connection with the proposed curb cut and turning movements;and
WHEREAS the 1/12/2024 Town CE Memo stated (i)that some provision should be made for access
to the sanitary manhole and storm manhole/headwalllocated at the rear of the parking area such as a
reinforced/pipe crossing at the proposed swales to access these structures for maintenance and (ii)that
no permanent structures should be located within any proposed Town easements;and
WHEREAS the 11/7/2024 Town CE Memo further stated that upstream and downstream existing
sewer mains can be considered for cured in place pipelining as well as manhole rehabilitation;and
WHEREAS the 12/5/2024 Town CE Memo stated (i)that the Plans re?ect that the new sewer mains
will be sealed against leakage with cured in place pipe liner to address concerns about in?ow and
in?ltration (Q1),(ii)that the Applicant should demonstrate 1&1removal at a the 3:1 removal ratio,at
a minimum,which is consistent with a June 11,2024 letter from the Westchester County Planning
Department and (iii)that prior to the issuance of a building permit,the extension of the public sewer
main will require ?nal approval by the Town Engineer as well as the Westchester County Health
Department and that any remaining ?eld issues will addressed as a matter of process;and
WHEREAS the Property is the site of a former gas station at 2385 Boston Post Road,Larchmont,
New York (the “Former Gas Station”);and
WHEREAS the record re?ects a NYSDEC documented spill associated with the Former Gas Station;
and
WHEREAS according to a letter from NYSDEC dated May 10,2011,the spill at the Former Gas
Station was closed with no further action required;and
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WHEREAS in connection with this application,the Planning Board directed the Town Engineer to
retain a special consultant (the “Plannin Board’s S ecial Consultant”),at the Applicant’s expense,
to perform an independent review and analysis of the Applicant’s submissions and advise the Planning
Board with respect to (i)possible environmental impacts of the Former Gas Station;and
WHEREAS the Planning Board’s Special Consultant issued a memo to the Planning board dated
7/1/2024 (the “7/1/24 AKRF Memo”)which stated that the requirement for spill closure includes
addressing gross contamination (e.g.,ongoing sources or substantial quantities ‘of mobile
contamination),but can allow for residual contamination to remain in soil after closure;and
WHEREAS the 7/l/24 AKRF Memo further stated that because the Applicant proposes to redevelop,
and therefore disturb,the Site,the following is recommended:
“that the Applicant con?rmthat standard procedures consistent with N YSDEC ’s
remediation program investigation and site management requirements during
redevelopment of such a site will be followed This generally includes providing
documentation that all “Areas of Concern”(AOC),as identi?edin a Phase I
Environmental Site Assessment (ESA),have been properly characterized/investigated.
Alternatively,and because some investigations are best completed aftersite demolition,
some projects prepare a Soil and Material Management Plan that identi?estheAOCs,
describes how AOC ’s will be addressed,the regulatory implications for Site soil and ?ll,
how soil will be characterized,including forpurposes ofhandling and disposal,and how
determinations ofthe necessity forfuturemitigations (i.e.,vapor barrier)will be made”;
and
WHEREAS with regard to the potential for residual contaminated soils related to the closed NYSDEC
spill,the Town’s Consulting Engineer stated in the 1/12/2024 Town CE Memo that the Applicant should
detail proper disposal protocols in the event any contaminated soils be encountered during site
work/excavation activities;and
WHEREAS the Town’s Consulting Engineer stated that all outstanding items either have been
addressed or are otherwise contemplated as conditions of approval;and
WHEREAS the Planning Board reviewed Part 1 of the Full Environmental Assessment Form (“EAF”)
submitted by the Applicant in support of the application for the Proposed Action,sought comments
from all involved and interested agencies and based upon such information,and in consultation with the
Town Environmental Planner,completed Part 2 of the Full EAF;and
WHEREAS the Planning Board reviewed a draft of Part 3 of the Full EAF,prepared by Town”s
Environmental Planner,which proposes a determination of non-signi?cance,also known as a negative
declaration;and
WHEREAS after review and discussion,the Planning Board approved the authorization of the Negative
Declaration dated April 9,2025,a copy of which was posted in the New York State Environmental
News Bulletin and will be kept on ?le with the Building Department;and
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May 14,2025
WHEREAS the Planning Board met at a duly noticed and convened meeting to consider the Proposed
Action on December 13,2023 and January 17,May 8,July 10 and October 9,November 13,December
11,2024,January 15,March 12,April 9 and May 14,2025;and
WHEREAS,pursuant to and in compliance with Chapter 144 of the Town Code,the Planning Board
opened a duly noticed public hearing on the applicationfor the Proposed Action on November 13,2024,
which was closed on April 9,2025;and
WHEREAS,in accordance with §1 14-7(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 has reviewed the CZMC Letter and the Plans herein identi?ed.
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 notes that the wetland bufferarea is currently inhibited by hardscape,man-made
debris and invasive plantings which the Proposed Action will replace with native trees,shrubs,and
herbaceous groundcover.Further,the Planning Board ?nds that the planting plan has been designed
to create a diverse and vigorous landscape that will be utilized both by wildlifeattracted to the site,as
well as,for the aesthetic enjoyment by residents ofthe apartments.
The Planning Board ?nds that because there will be no disturbance to,nor loss ofany wetlands,as
well as an enhancement ofthe bufferzone,there will be no negative impact to the wetlands.In
addition,the Planning Board notes that there the Proposed Action contemplates an 18%reduction of
impermeablesurfacefromthe wetland bufferas compared to existing conditions.
The Planning Board further?nds that although there will be disturbances to lands within the wetland
buffer,such areas currently consist ofplaced and re-graded ?ll,soil withfragments ofman-made
material including concrete,brick,and pavement and existing hardscape consisting ofparking lot
pavement associated with the existing diner.
Further,the Planning Board notes that areas within the bu?er which are not presently hardscape
currently have a vegetative cover dominated by invasive plantings.
The Planning Board?ndsthat proposed disturbances in the wetland bufferare short-term and
associated with the demolition and construction process which will be regulated by erosion and
sediment control measures required by the Town and NYSDEC pursuant to Chapter 95 ofthe Town
Code and the required Stormwater Pollution Prevention Plan (“S WPPP’f),respectively
13
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The Planning Board further?nds that since the topography in the mitigation planting area is nearly
level,no signi?cant movement ofsediment is expected,and any minor sediment movement is expected
to be easily contained by erosion and sediment control measures installed prior to this proposed
work.
The Planning Board notes that at the area previously occupied by the Former Gas Station,a gasoline
spill was recorded with NYSDEC.The Planning Boardfindsthat the Former Gas Station has been
closed,the gaSOline tanks removed and contaminated soil excavated.The Planning Board further
?nds that the spill record has since been closed.The Planning Board notes that as a condition of
approval,the Applicant will submitaplan outlining the procedures to befollowedifadditional
contaminated soil is discovered during the excavation ofthe site.
Based on the foregoing,the Planning Board determines that the Applicant has undertaken
appropriate measures to avoid or appropriately mitigate any potential environmental impacts and,
furtherthat the Applicant ’sproposed mitigation work will have a direct positive impact to the wetland
area.
b.the alternatives to the Proposed Action:
The Planning Board determines that there is no more desirable alternative because the Proposed Action
is designed to avoid direct and indirect adverse impacts to wetlands and watercourses and the wetland
bufferwill be improved by the removal of most of the existing hardscape and invasive plantings.
F urther,the Planning Board determines that the Applicant proposes to use best management practices
to protect wetlands and mitigate any temporary disturbance in the wetland buffer.
c.the impact of the Proposed Action on wetland functions and the bene?ts as set forth in
§114-1 of the Town Code:
The Planning Board determines that wetland functionswill not be negatively impacted by the
Proposed Action because the proposed mitigation will protect and enhance wetlandfunctionssuch as
stormwater attenuation and pollutant ?ltration,storm-water control,and pollution control.
The Planning Board furtherfindsthat wildlifehabitat will not be compromised because proposed
plantings in the wetland bufferwill enhance wildlifehabitation area,will attract wildlifealong the
periphery ofthe wetland and allow a protected natural landscape for wildlifeto interact between
wetland and non—wetlandhabitats.
The PlanningBoard further?nds that mitigation plantings will reduce the amount ofpotential man-
made pollutant loads directed toward the adjacent wetlands,thereby improving the health of the
wetlands.The Planning Board notes that the healthier the wetland,the more e?ective its ability to
provide pollution controlfunctionshould pollutants be introduced fromnearby off—sitenon-point
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The Planning Board further?ndsthat the proposed mitigation plantings compliment the storm-water
protection functionofthe wetlands area by providing a bulwark against storm-water surges fromthe
Long Island Sound reaching the adjacent residential and commercial areas.
111.The availability of preferable alternative locations for the Proposed Action on the
subject parcel:
The Planning Board notes that all buildings and structures have been located outside the wetland
bu?’er.However,the Planning Board acknowledges that the proposed parking,as dictated by zoning
criteria,requires positioning the parking behind the proposed residence buildings,encroaching into
the wetland buffer.The Planning Board furtherfindsthat although no stormwater detention is '
proposed,stormwater treatment components have been designed to appropriately treat water quality
and quantity.
In conclusion,the Planning Board determines that there are no suitable alternative locations for the
Proposed Action because it has been designed specific to the needs ofthe property owner to develop
and improve the Property and improve wetlands functionto the greatest extent practicable.
IV.the availability of further technical improvements or safeguards that could feasibly be
added to the proposal;
The Planning Board determines that drainage and sewer design are dictated by the present
infrastructure,requiring that the proposed drainage and sewer tie properly into the existing system
elevations and locations.In addition,since the existing drainage pipe,discharging into the site from
the direction ofthe Boston Post Road appears to be in a degraded state,the Applicant proposes to
install a new pipe.With respect to the proposed parking area,the Planning Board?ndsthat storm-
water treatment components have been designed to appropriately treat water quality.
V.the possibility of avoiding reduction of the wetlands or watercourse’s natural capacity to
support desirable biological life,prevent ?ooding,control sedimentation and/or prevent
erosion,facilitate drainage,and provide recreation and open space;
The Planning Board determines that the Proposed Action poses no reduction ofthe wetlands and
watercourse capacity to support desirable biological life,prevent ?ooding,control sedimentation and
/or prevent erosion,facilitatedrainage,and provide recreation and open space.Because the
Proposed Action includes removal ofold hardscape,trash and invasive species and extensive planting
ofnative trees,grasses and shrubs,the Planning Board concludes that the Proposed Action will
enhance the natural capacities ofwetlands and watercourses while providing opportunity for
recreation and open space to be used by apartment residents.
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:
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The Planning Board determines that the Proposed Action does not degrade the wetland or watercourse,
nor pose a danger to public health,safety or welfare.As described herein,the proposed mitigation
measures will substantively improve the protection ofwetlands and watercourses.These improvements
will also bene?tresidents ofthe apartments,who will be able to enjoy the restored wetland buffer,both
visually and otherwise.The community at large will also bene?t?oma better protected section of
wetlands that is a part ofthe Premium River Conservation Area.
For the reasons explained herein,the Planning Board ?nds that there will be no degradation of
wetlands,that water quality is expected to improve and,as a result,no impairment or endangerment to
the public health,safety or welfareis expected.
The Planning Board ?nds that this balancesthe needfor additional housing,the right oftheowner to
develop the Property and the protection ofthe environment.
WHEREAS,the Planning Board has considered the Applicant’s Plans and submissions,including,
without limitation,the Wetland Narrative;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 ?nds,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 LWRP and the Wetlands and Watercourses Protection Law,as set forth in §114-],and that the
action to be taken will minimize all adverse effects on such policy to the maximum extent practicable:
0 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 bene?ts of wetlands and watercourses that is consistent with the general welfare and
bene?cial economic andsocial development of the Town;and
0 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 re?ected in the hereinabove identi?ed 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 speci?c conditions hereinafter set forth.
2.Any and all applicable county,state,federal and regional permits,including,but not limited to
NYSDEC permits,shall be obtained prior to the issuance of any Town Building permits,except as
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otherwise permitted by the Town Engineer in consultation with the Town Building Inspector and the
Town Environmental Planner.
3.No certi?cate of completion and no certi?cate of occupancy related to the Property 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
and the Town Environmental Planner,as well as installation and maintenance of tree protection
measures to the satisfaction of the Town Environmental Planner.
5.The Applicant will arrange a pre-constructionmeeting with the Town Building Inspector,the Town
Engineer and the Town Environmental Planner prior to any site disturbance.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 Engineer and the Town
Environmental Planner 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 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,as determined by the Town Engineer.
This can be combined with the Erosion and Sediment Control Permit bond,in an amount determined
by the Town Engineer,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 de?ned above,and any successors or assignees in/of ownership
interests in the Property or any portion thereof.
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12.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.
(a)Prior to the issuance of a certi?cate of completion or certi?cate of occupancy,the Applicant
shall provide the Town Engineer with trucking manifests for all ?ll material imported to the site.
(b)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.
13.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.
Speci?c Conditions:
Prior to the issuance of a Town Building Permit:
A.To the satisfaction of the Town Engineer,the Applicant shall submit excavation protocol and a plan
and a report characterizing the soils,a material management plan (“MMP”),which sets forth
protocols to be implemented if odorous or stained soils are encountered.The MMP shall include :
(i)identi?cation of the Areas of Concern (AOCs),(ii)description of how the AOC’s will be
addressed,(iii)the regulatory implications for site soil and ?ll,(iv)how soil will be characterized,
including for purposes of handling and disposal,and (v)how determinations of the necessity for
future mitigations (i.e.,vapor barrier)will be made.
B.To the satisfaction of Town Engineer,the Applicant shall demonstrate 1&1 removal to satisfy,at a
minimum,the 3:1 removal ratio as recommended by the WCPB Letter dated June 11,2024.
C.To the satisfaction of Town Engineer,the Applicant shall submit a written construction management
plan that covers items including,but not limited to,staging,sequencing,worker parking,dust
suppression,noise mitigation,and wetland protection.
D.To the satisfaction of the Town Engineer in consultation with the Town’s Consulting Engineer,the
Applicant shall provide (i)a ?nalized Stormwater Pollution Prevention Plan (SWPPP)in accordance
with the requirements of the NYSDEC SPDES General Permit for Stormwater Discharges from
Construction Activity and (ii)documentation of having obtained permit coverage.
Prior to the issuance of a certi?cateof completion:
E.Upon completion of site work and establishment of ?nal stabilization,and prior to the issuance of a
Town certi?cate of completion or certi?cate of occupancy,the Applicant shall provide
documentation of having ?led Notice of Termination for project coverage under NYSDEC SPDES
General Permit.
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Planning Board
May 14,2025
At all times:
F.The use and operation of the Property shall conform to all Town Code requirements,including,but
not limitedto,those in Chapters 95 (Erosion and Sediment Control Law),110 (Flooding Damage
Prevention Law),114 (Wetlands and Watercourses Law),141 (Noise Law)177 (Site Plan Law),
207‘(Tree Law)and 240 (Zoning Code)
G.Applicantshall be required to maintain access by/for the Town in connection with Town-owned
sanitary sewer and storm drain line as well as sanitary manhole and storm manhole/headwall,
H.All tree removal,protection and landscape plantings shall be in compliance with the Plans and the
Tree Law.
I.All landscaping shown on the Plans shall be maintained in a healthy and Vigorous growing condition
and all plants not so maintained shall be replaced with new plants of comparable size and quality at
the beginning of the next immediately following growing season.
This decision is hereby certi?edand shall be?led with the Town Clerk.
The Planning Board discussed the draft resolution for Site Plan and Tree RemOval.
Motion:To approve the draft resolution,as modified
Moved by Elizabeth Cooney seconded by Sarah Dunn
Action:Unanimously approved
RESOLUTION
Site Plan and Tree Removal
2399 Boston Post Road
Town of Mamaroneck,New York
On motion of Elizabeth Cooney,seconded by Sarah Dunn,the site plan and tree removal applications
of 2399 Boston Post Road Realty Corp.(the “pplicant”)to develop two (2)multifamily apartment
buildings at the Property was APPROVED by the Town of Mamaroneck (the “Town”)Planning Board
(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 2399 Boston Post Road,(Property number 5-5-433),2417 Boston
Post Road,(together with an approximately 10-foot strip of land which was acquired by the Applicant
by adverse possession,Property number 5-5-446),6 Deane Place,(Property number 5-5-409)and 10
Deane Place (Property number 5-5-405),all withinthe SB-R/R-6 Zoning District in the Town of
Mamaroneck,New York (collectively,the "Proper§v_");and
WHEREAS the Town Building Inspector issued a memo to the Planning Board dated April 7,2025
(the “Zonin Com liance Memo”)which stated:
Planning Board
May 14,2025
A review ofthe plans dated November 15,2023,and last revised on April 7,2025,
prepared by Richard F.Hein Architects,P C.for two proposed apartment buildings,and
parking area at 2399 Boston Post Roadhas been performed.-,
The proposed multifamily apartment building is a permitted use in an SB-R zoning
district per §24 0-3 I B (3),and the proposed parking is a permitted accessoryuse in an R—
6 zoning district per §240-22C within the Town ofMamaroneck.
Although this will be a divided property,in that it is divided by two zoning districts,
§240-8 will not apply since the proposed use in each district is zoning compliant.
WHEREAS the Town Building Inspector stated that the lots must be merged prior to the issuance of a
Town building permit;and
WHEREAS the Applicant proposes to construct two (2)four-story residential buildings with a total of
thirty-six (36)(twelve (12)one-bedroom and twenty-four (24)two-bedroom)units and sixty-one (61)
parking spaces on the Property (the “Pro osed Action”),which requires approvals by the Planning
Board pursuant to Chapters 114,177,207 and 240 of the Town Code of the Town of Mamaroneck (the
“Town Code”);and
WHEREAS in accordance with Section 177-15 of the Town Code,and given the complexity of the
required technical review,the Town Building Inspector has requested that the Town,at the Applicant’s
expense,hire the International Code Council or equivalent company whose quali?cations are approved
by the Building Inspector;and
WHEREAS this Proposed Action requires Planning Board approval of a site plan and authorization to
remove trees pursuant to Chapter 177 of the Town Code (the “Site Plan Law”)and Chapter 207 of the
Town Code (the “Tree Law”),respectively;and
WHEREAS The Proposed Action also requires Planning Board approval of a special use permit
pursuant to Sections 240—31(B)(3)and 240—61of the Town Code to permit multi-family housing on the
Property (the “S ecial Use Permit”);and
WHEREAS the Proposed Action also requires Planning Board approval of a wetlands and watercourses
permit pursuant to Chapter 114 of the Town Code in connection with disturbance in and restoration of
the wetlands buffer to the rear of the Property,including removal of old hardscape,trash and invasive
species and extensive planting of trees,grasses and shrubs (the “Wetlands and Watercourses
Permit”);and
WHEREAS the Planning Board’s decision in connection with the Applicant’s Special Use Permit and
Wetlands and Watercourses Permit shall be set forth in two separate Planning Board resolutions of
concurrent date;and
WHEREAS pursuant to the Tree Law,because the Applicant seeks site plan approval,the Planning
Board has authority to approve the Applicant’s application to remove trees;and
Planning Board
May 14,2025
WHEREAS the Applicant has provided all informationrequired by the Site Plan Law and the Tree
Law and both applicationswere deemed by the Planning Board to be complete;and
WHEREAS the Town’s Environmental Planner issued a memo to the Planning Board dated December
30,2024 (the “Environmental Planner’s Memo”),which sets forth the number,type,and diameter of
the trees to be removed as wellas the totalnumberof required and proposed replacement trees pursuant
to Chapter 207;and
WHEREAS the Environmental Planner’s Memo stated that the Applicant has requested a permit to
remove '17 trees from the Property and has proposed the planting of 106 trees,59 trees more than the
number of replacement trees required by the Tree Law;and
WHEREAS the Environmental Planner’s Memo further stated that the number,type and location of
replacement trees proposed to be planted on the Property are as shown on the landscape plans:Site
Information Plan,ProposedPlanting and Mitigation Plan and Plant Palette Plan,prepared by J .D.Barrett
&Associates,LLC,dated 1/2/24;revised 4/23/24,6/13/24,8/23/24,9/23/24,12/9/24;and
WHEREAS the Environmental Planner’s Memo concluded with a recommendation to the Planning
Board that the Applicant’s tree removal permit be approved;and
WHEREAS in accordance with Section 240-28 of the Town Code (the “Fair and Affordable Housin
Law”),the Applicant is required to provide four (4)Fair and Affordable Housing (“EA—H”)units,
consisting of two (2)one-bedroom and two (2)two-bedroom units,which shall be marketed in
accordance with the Westchester County Fair and Affordable Housing Af?rmative Marketing Plan;and
WHEREAS in accordance with Section 240-28(F)(9)of the Fair and Affordable Housing Law,any
application for the approval of a site plan that proposes nine or fewer FAHs in one or more multifamily
buildings shall be approved or disapproved by the Planning Board pursuant to the Site Plan Law;and
WHEREAS Section 240-28(E)of the Fair and Affordable Housing Law states:“A property containing
FAHs must be restricted so that the terms of this section shall apply to such unitsforas long as they
must remain FAHs through a declaration ofrestrictive covenants in recordable formacceptable to the
counselforthe Town.Among other provisions,the covenants shall require that the unit be the primary
residence of the household selected to occupy the unit and shall contain the resale and lease renewal
requirements mandated by this section.No certificateofoccupancy (temporary or permanent)shall be
issued for any of the units in the development until the Town receives a copy of such covenant,as
recorded by the'WestchesterCounty Clerk”;and (the “FAH Restrictive Covenant”);and
WHEREAS 240-28.M of the Fair and Affordable Housing Law states that the County of Westchester
is designated as the agency that will be responsible for administering the provisions of the Fair and
Affordable Housing Law and determining compliance therewith;and
WHEREAS the Applicant submitted,and the Planning Board,-staff and consultants reviewed the
following plans;(the “Plans”);and
Flaming Board
May 14,2025
0 Topographic Survey,prepared by Geologic Land Surveying,PLLC,dated 5/31/23;revised
3/13/24
0 Plan set entitled “Proposed Apartment Buildings,2399 Boston Post Road”,prepared by Richard
F.Hein Architect,P.C.,dated 11/15/2023;revised 12/26/23,4/22/24,6/13/24,8/20/2024,
9/9/24,10/9/24,10/22/24,11/26/24;12/5/24;12/17/24 and 3/24/25;
0 Plan set entitled “Apartment Buildings,2399 Boston Post Road”,prepared by Hudson
Engineering &Consulting P.C.,dated 8/17/23,revised 10/9/2023 12/27/23,4/19/24,6/12/24,
8/23/24,9/24/24,10/29/24,11/22/24;
0 Concept Wetland Mitigation Plan,preparedby J .D.Barrett &Associates,LLC,dated 11/20/23;
0 Wetland &Environmental Narrative,prepared by Paul J.Jaehnig and included in Paul J.
Jaehnig’s Wetlands and Soils Survey,dated 5/10/23;revised 7/14/23,1/20/24,4/22/24
0 “Compliance Report of Policies No.7 &7A in the Local Waterfront Revitalization Plan”
prepared by Paul J.Jaehnig Wetlands and Soil Consulting,dated December 26,2024,
responding to comments received at the December 11thpublic hearing
0 Stormwater Pollution Prevention Plan &Drainage Analysis,prepared by Hudson Engineering
&Consulting P.C.,dated 8/17/2023;revised 4/19/24,6/12/24,11/22/24
0 Off Site Drainage Analysis prepared by Hudson Engineering &Consulting P.C.,dated 6/12/24;
revised 11/26/24
0 Sanitary Sewer Analysis Hudson Engineering &Consulting P.C.,dated 7/8/24;revised 11/26/24
0 Plan set entitled “B.L.D.Apartments”,prepared by RAB Lighting,dated 10/13/23
0 Site Information Plan,Proposed Planting and Mitigation Plan and Plant Palette Plan,prepared
by J.D.Barrett &Associates,LLC,dated 1/2/24;revised 4/23/24,6/13/24,8/23/24,9/23/24,
12/9/24
WHEREAS the application initially proposed rooftop pergolas;and
WHEREAS in response to concerns expressed,by members of the public regarding compliance with
the Town Zoning Code,the Applicant revised the Plans to remove the rooftop pergolas;and.
WHEREAS in addition to the Plans,the Applicant submitted,and the Planning Board,staff and
consultants reviewed the following reports:
0 Traf?c Impact Study,prepared by DTS-Provident,dated 4/28/23;revised 7/29/24 (the
“A licant’s Traf?c Im act Stud ”
0 Student Generation Analysis for Multifamily Development prepared by RCLCO Real Estate
Consulting and dated July 11,2023;revised 3/6/24 (the “A licant’s Student Generation
Anal sis”)
WHEREAS the Town retains Al Engineers,Dolph Rotfeld Engineering Division Town (the “Town’s
Consultin En ineer”)to,inter alia,advise the Planning Board with respect to plans and other
documents submitted by Planning Board applicants;and
WHEREAS the Town’s Consulting Engineer attended Planning Board meetings at which this
application was on the agenda and issued memos to the Planning Board dated December 9,2023,
January 12,November 7 and December 5,2024 (collectively the “Town CE Memos”)
Planning Boar
dMay14,2025
WHEREAS the 12/9/2023 Town CE Memo included the following statements:(i)that a NYSDOT
highway work permit will be required,in connection with the proposed curb cut,(ii)that the Proposed
Action will require a NYSDEC tidal wetlands permit and possibly the United States Army Corps of
Engineers,(iii)that the Proposed Action necessitates relocation of a Town—ownedsanitary sewer and
storm drain line,and that each will require recording necessary easements for Town future access,and
(iv)that sanitary sewer relocation as well as the service connectionswill require approval from the
Westchester County Department of Health;and
WHEREAS the 1/12/2024 Town CE Memo included the following statements:(i)that some provision
should be made for access to the sanitary manhole and storm manhole/headwalllocated at the rear of
the parking area such as a reinforced/pipe crossing at the proposed swales to access these structures for
maintenance and (ii)that no permanent structures should be located within any proposed Town
easements;and
WHEREAS the 11/7/2024 Town CE Memo stated that upstream and downstream existing sewer mains
can be considered for cured in place pipelining as well as manhole rehabilitation;and
WHEREAS the 12/5/2024 Town CE Memo included the following statements:(i)that the Plans reflect
that the new sewer mains will be sealed against leakage with cured in place pipe liner to address
concerns about in?ow and in?ltration (£1),(ii)that the Applicant should demonstrate 1&1removal at
a 3:1 removal ratio,at a minimum,which is consistent with Westchester County recommendations
expressed in the WCPB Letter dated June 11,2024,and (iii)that prior to the issuance of a building
permit,the extension of the public sewer main will require ?nal approval by the Town Engineer as well
as the Westchester County Health Department and that any remaining ?eld issues will addressed as a
matter of process;and
WHEREAS the Town’s Consulting Engineer stated that all outstanding items either have been
addressed or are otherwise contemplatedas conditions of approval;and
WHEREAS in connection with this application,the Planning Board directed the Town Engineer to
retain a special consultant (the “Plannin Board’s S lecial Consultant”),at the Applicant’s expense,
to perform an independent review and analysis of the Applicant’s submissions and advise the Planning
Board with respect to (i)possible environmental impacts of a former gas station which had operated on
the Property at 2385 Boston Post Road (the “Former Gas Station”),(ii)potential school-related
impacts and (iii)potential transportation-and traf?c-related impacts;and
WHEREAS representatives of the Planning Board’s Special Consultant attended Planning Board
meetings and submitted memos to the Planning Board (collectively,the “AKRF Memos”)
dated July 1 and October 4,2024;and
WHEREAS the record re?ects a NYSDEC documented spill associated with the Former Gas Station;
and
WHREAS according to a letter from NYSDEC dated May 10,201 1,the spill at the Former Gas Station
23
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Planning Board
May 14,2025
was closed with no further action required;and
WHEREAS the Planning Board’s Special Consultant stated in the 7/1/24 AKRF Memo that the
requirement for spill closure includes addressing gross contamination (e.g.,ongoing sources or
substantial quantities of mobile contamination),but can allow for residual contamination to remain in
soil after closure;and
WHEREAS the Planning Board’s Special Consultant further stated in the 7/l/24 AKRF Memo that
because the Applicant proposes to redevelop,and therefore disturb,the site,the following is
recommended:
“that the Applicant con?rmthat standard procedures consistent with NYSDEC ’s
remediation program investigation and site management requirements during
redevelopment of such a site will be followed This generally includes providing
documentation that all “Areas of Concern”(AOC),as identi?edin a Phase 1
Environmental Site Assessment (ESA),have been properly characterized/investigated.
Alternatively,and because some investigations are best completed aftersite demolition,
some projects prepare a Soil and Material Management Plan that identi?esthe AOCs,
describes how AOC ’s will be addressed,the regulatory implicationsfor Site soil and ?ll,
how soil will be characterized,including,forpurposes ofhandling and disposal,and how
determinations ofthe necessity forfuturemitigations (i.e.,vapor barrier)will be made”;
and
WHEREAS with regard to the potential for residual contaminated soils related to the closed NYSDEC
spill,the Town’s Consulting Engineer stated in the 1/12/2024 Town CE Memo that the Applicant should
detail proper disposal protocols in the event any contaminated soils be encountered during site
work/excavation activities;and
WHEREAS the Planning Board’s Special Consultant reviewed the Applicant’s Student Generation
Analysis which concluded that approximately four (4)to seven (7)publicschool age children are
projected to live in the proposed project upon completion;and
WHEREAS the Planning Board’s Special Consultant stated in the 7/1/24 AKRF Memo that it concurs
with the conclusion of the Applicant’s Student Generation Analysis and provided the basis for its
concurrence;and
WHEREAS the Planning Board’s Special Consultant further stated in the 7/1/24 AKRF Memo that
given that small number of estimated public school age children,together with a recent decline in
Mamaroneck School District enrollment it can reasonably be concluded that the number of public
school-age children that are projected to live in the proposed project would not result in an adverse
impact to school capacity;and
WHEREAS the 7/1/24 AKRF Memo also included the Planning Board’s Special Consultant’s
comments on the Applicant’s Traf?c Impact Study;and
24
Planning Board
May 14,2025
WHEREAS the Applicant’s Traf?c Impact Study was revised to address the Planning Board Special
Consultant’s comments in the 7/1/24 AKRF Memo;and
WHEREAS the Planning Board’s Special Consultant issued the 10/4/24 AKRF Memo in response to
the revised Applicant’s Traf?c Study;and
WHEREAS this application was timely-referred to the following municipal agencies (hereinafter
referred to as the “Referrals”):
Town Traf?c Committee
Town Board of Architectural Review (“EA—R”)
Town Fire Department (“TMFD”)
Town Coastal Zone Management Commission (“CZMC”)
Westchester Joint Water Works (“WJWW”)
Westchester County Planning Board (“WCPB”)_
New York State Department of Environmental Conservation (“NYSDEC”)
Westchester County Department of Health (“WCDOH”)
New York State Department of Transportation (“NYSDOT”)
Westchester County Department of Environmental Facilities “WCDEF”
Town Police Department “TMPD”
Village of Larchmont
WHEREAS the following memos,letters and/or reports were submitted by various agencies and/or
Town staff and consultants,and reviewed by the Planning Board:
CZMC Letter dated July 2,2024
Zoning Compliance Memo dated April 7,2025
Environmental Planner’s Memo regarding Tree Removal Permit dated December 30,2024
Town CE Memos dated December 9,2023,January 12,November 7 and December 5,2024
AKRF Memos dated July 1 and October 4,2024
Town Sustainability Collaborative letters dated May 7,August 15,September 30 and November
3,2024
BAR letter dated September 23,2024 (the “BAR Letter”)
TMFD letters dated July 7,October 2,November 12,December 3 and December 20,2024
WCPB letter dated June 11,2024
WJWW letter dated May 17,2024
NYSDEC letter dated June 7,2024 re wetlands &watercourses permit jurisdiction inquiry
WHEREAS pursuant to the requirements of Chapter 234 of the Town Code,the CZMC discussed and
considered the Proposed Action at its meeting on June 24,2024 and issued a letter to the Planning
Board,dated July 2,2024 (the “CZMC Letter”),stating that the Applicant’s proposal is consistent with
the policies of the Local Waterfront Revitalization Program;and
25
Planning Board
May 14,2025
WHEREAS pursuant to the requirements of Section 3-7 of the Town Code,the BAR met on September
16,2024 to consider the Proposed Action and issued a letter to the Planning Board dated September 24,
2024 (the “BAR Letter”),recommending that one of the proposed parking spaces be replaced with a
design element;and
WHEREAS Planning Board discussed the BAR Letter and concluded that based on the location of the
Property,the number of apartments and expected visitors,the need for the extra parking space is more
important than the design element recommended in the BAR Letter;and
WHEREAS the proposed action is an unlisted action pursuant to the New York State Environmental
Quality Review Act (“SE RA”)but,due to its proximity to a “Critical Environmental Area”it is a
Type 1 action pursuant to the Town of Mamaroneck Environmental Quality Review regulations found
in Chapter 92,Article 1 of the Town Code (“MEQ ”);and
WHEREAS at its December 13,2023 meeting,the Planning Board determined the Proposed Action to
be a Type I action and unanimously voted to designate itself Lead Agency for purposes of coordinated
environmental review pursuant to 6 NYCRR Part 617 and Section 92-3 of the Town Code and directed
that a notice of its intent be sent to all involved agencies;and
WHEREAS on January 19,2024,a notice of intent to be lead agency was sent to-all involved and
interested agencies,and since such time to date,there has been no objection to the Planning Board
assuming lead agency status for SEQRApurposes;and
WHEREAS the Planning Board reviewed Part 1 of the Full Environmental Assessment Form (“EAF”)
submitted by the Applicant in support of the application for the Proposed Action,sought comments
from all involved and interested agencies and based upon such information,and in consultation with the
Town Environmental Planner,completed Part 2 of the Full EAF;and
WHEREAS the Planning Board reviewed a draft of Part 3 of the Full EAF,prepared by the Town
Environmental Planner,which proposes a determination of non-significance,also known as a negative
declaration;and
WHEREAS based on the Planning Board discussion,Parts 2 and 3 of the EAF were revised to address
comments by Planning Board members;and
WHEREAS the Planning Board,together with its staff and consultants,met at duly noticed and
convened meeting to consider the Proposed Action on December 13,2023,and January 17,May 8,July
10 and October 9,November 13,December 11,2024,January 15,March 12,April 9 and May 14,2025;
and
WHEREAS,pursuant to and in compliance with Chapter 144 of the Town Code,the Planning Board
opened a duly noticed public hearing on the application for the Proposed Action on November 13,2024,
which continued for several months during regularly scheduled meetings of the Planning Board and was
closed on April 9,2025;and
WHEREAS the Planning Board has considered the Proposed Action,the Applicant’s submissions,
26
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comments and responses to questions by the Applicant and its representatives,letters and/or memos
from the Town Building Inspector,the Town EnvironmentalPlanner,the Town’s Consulting Engineer
and the Planning Board”5 Special Consultant as well as comments generatedby Referrals and comments
by the Town's staff and agency submissions;and
WHEREAS the Planning Board has carefully considered written comments from members of the public
including an attorney representing concerned citizens of Larchmont and Mamaroneck as well as
comments spoken during the public hearing;and
WHEREAS the Planning Board hereby ?nds that the application for the Proposed Action conforms to
the standards and requirements established by the Site Plan Law and the Tree Law;and
WHEREAS at the April 9lh Planning Board meeting,the Planning Board APPROVED the
authorizationof a determination of non-signi?cance (the “Negative Declaration”)dated April 9,2025,
a copy of which is posted in the New York State Environmental News Bulletin and will be kept on ?le
with the Building Department.
NOW,THEREFORE,BE IT RESOLVED,that the Planning Board hereby adopts the
recommendations of the Town Environmental Planner as re?ected in the Environmental Planner’s
Memo,and hereby approves the Applicant’s application for tree removal,as reflected in and in
conformance with the Plans.
BE IT FURTHER RESOLVED that the Planning Board hereby APPROVES the Applicant’s site plan
for the Property as re?ected in and in conformance with the Plans,subject to the terms and conditions
enumerated below:
General conditions:
1.All site work shall be in accordance with the latest revised Plans,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 will arrange a pre-constructionmeeting with the Town Building Inspector,the Town
Engineer and the Town Environmental Planner prior to any site disturbance.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 Engineer
and the Town Environmental Planner 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.
3.Property lines,wetlands buffer,and easement areas shall be staked out and clearly marked for the
duration of site work activities.
4.Existing sanitary sewer and storm sewer main locations shall be clearly marked,maintained,and
protected for the duration of construction.
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Planning Board
May 14,2025
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.
Prior to the issuance of a certi?cate of completion or a certi?cateof occupancy,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.
Final construction details for public improvements shall conform to the most current standards and
speci?cations in place at the start of construction and be subject to the approval of the Town
Engineer.
The ?nal as-built drawings for all site utilities and storrnwater management infrastructure must be
submitted to the Town Engineer before the issuance of a Final Certi?cate of Completion or
Certi?cate of Occupancy.The Town Engineer may require the Applicant to perform hydraulic
modeling to demonstrate design requirements have been met.
Any and all applicable county,state,federal and regional permits,including but not limited to,
those issued by NYSDOT and NYSDEC,shall be obtained prior to the issuance of any not-yet-
issued Town permits.
In the event that subsequent events may require any modi?cation to the site plan as approved by
this resolution,a determination shall be made by the Town Engineer as to whether the modi?cation
is substantial and should be further considered by the Planning Board.
The Applicant shall address all outstanding technical review comments to the satisfaction of the
Town Engineer prior to the issuance of any not-yet-issued Town permits.
Work conducted under Town permits shall be open to inspection at any time,including weekends
and holidays,by the Town Building Inspector,the Town Engineer,the Town Consulting Engineer
and the Town Environmental Planner or their designated representative(s).
Prior to seeking a certi?cate of occupancy or a certi?cate of completion the Applicant shall deliver
to the Town Building Inspector an “as built”survey of the entire Property,signed and sealed by a
licensed surveyor.
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 future obligation or condition and
shall include the Applicant,as de?ned above,and any successors or assignees in/of an ownership
interests in the Property or any portion thereof.
28
Planning Boar
dMay14,2025
15.The Site Plan drawing shall include an endorsement block for the Planning Board Secretary in
accordance with §l77-l4,including the following statement “Approved by Resolution of the
Planning Board dated May 14,2025.”
16.In accordance with Section 177-15 of the Town Code,and prior to the issuance of any Town
permits,the Applicant shall be required to pay to the Town actual costs for technical review,
consulting fees and on-site inspections related to this Application,and,in addition,the required six
percent (6%)Engineering Fee as required by §A250-l of the Town Code.
Speci?c Conditions:
Prior to the issuance ofa Town Building Permit:
A.Applicant shall obtain a NYSDOT Highway Work Permit and Town Highway Permit for work
within Boston Post Road and Deane Place rights-of-way,respectively.The applicationshall include
the pedestrian safety recommendations for a stop bar,marked crosswalk,and ADA-compliant
pedestrian ramps,on the site entrance/exit driveway,subject to NYSDOT approval.
B.To the satisfaction of the Town Engineer,the Applicant shall submit excavation protocol and a plan
and a report characterizing the soils,a material management plan (“MMP”),which sets forth
protocols to be implemented if odorous or stained soils are encountered.The MMP shall include :
(i)identi?cation of the Areas of Concern (AOCs),(ii)description of how the AOC’s will be
addressed,(iii)the regulatory implications for site soil and ?ll,(iv)how soil will be characterized,
including for purposes of handling and disposal,and (v)how determinations of the necessity for
future mitigations (i.e.,vapor barrier)will be made.
C.To the satisfaction of the Building Inspector,the lots of the Property shall be merged.
D.Applicant shall provide CCTV video and pipe assessment report for the Town sanitary sewer main
that runs along the southern property line to determine that the pipe condition is suitable to remain
under the proposed ?re access road.
E.To the satisfaction of the Town Engineer and the Town Attorney,the Applicant shall grant the Town
an easement for storm and sanitary sewer maintenance (“Storm and Sanita Sewer Easements”).
F.To the satisfaction of the Town Engineer and the Town Attorney,the Applicant shall prepare,
submit,execute and record agreements for the Storm and Sanitary Sewer Easements.
G.The Plans and speci?cations shall be sent to the International Code Council or an equivalent
company whose quali?cations are approved by the Building Inspector for code compliance review.
The Applicant shall be required to pay the actual cost to the Town for such services.
H.To the satisfaction of Town Engineer,the Applicant shall demonstrate 1&1 removal to satisfy,at a
minimum,the 3:1 removal ratio as recommended by the WCPB Letter dated June ll,2024
29
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Planning Board
May 14,2025
I.To the satisfaction of Town Engineer,the Applicant shall submit a written construction management
plan that covers staging,sequencing,worker parking,dust suppression,noise mitigation,and
wetland protection.All parking of construction vehicles and worker vehicles shall be on site.
J.To the satisfaction of the Town Engineer in consultation with the Town’s Consulting Engineer,the
Applicant shall provide (i)a ?nalized Stormwater Pollution Prevention Plan (SWPPP)in accordance
with the requirements of the NYSDEC SPDES General Permit for Stormwater Discharges from
Construction Activity and (ii)documentation of having obtained such permit coverage.
K.Prior to issuance of a building permit,a performance surety shall be posted to guarantee the
completed construction of new sidewalks and curbing within the Boston Post Road and Deane Place
rights of way;and public sanitary and stormwater sewer infrastructure intended to be constructed as
part of the site development.The surety amount shall be based upon a construction estimate prepared
by the Applicant’s Engineer and submitted for review and acceptance by the Town Engineer.The
surety shall be posted in a form and manner determined acceptable by the Town Attorney.
L.Prior to issuance of a building permit for work other than demolition and site grading,the Applicant
shall demonstrate to the satisfaction of the Town Engineer that a Highway Work Permit has been
secured from NYSDOT for proposed work on Boston Post Road and shall use all commercially
reasonable efforts to seek approval for a pedestrian crossing south of the Property
Prior to the issuance of a temporary or permanent certificateof occupancy:
M.The Applicant shall submit documentation to the Town Engineer that the ?nalized Storm and
Sanitary Sewer Easements have been recorded in the Westchester County Land Records.
N.Applicant shall perform a pre-acceptance survey including camera inspection of Stormwater and
sanitary sewers which shall be submitted to the Town Engineer along with a signed and sealed
letter prepared by the Applicant’s licensed,professional engineer certifying that construction was
completed in accordance with the ?nal approved plans.
0.The Applicant shall submit to the Town Building Department a copy of the PAH Restrictive
Covenant,which has been approved by the Town Attorney and Westchester County Planning
Department and recorded in the Westchester County of?ce of land records.
P.Upon completion of site work and establishment of ?nal stabilization,and prior to the issuance of a
Town certi?cate of completion,the Applicant shall provide documentation of having ?led Notice
of Termination for project coverage under NYSDEC SPDES General Permit.
Q.To the satisfaction of the Town Engineer,the Applicant shall be required to demonstrate that the
Highway Work Permits have been closed pursuant to NYSDOT requirements.The Applicant’s
Engineer shall be required to certify that the actual cpnstruction,installation and implementation of
all sidewalk improvements,curb ramps,and crosswalks were constructed in compliance with the
approved plans.
30
Planning Board
May 14,2025
At all times:
R.FAHs must conform to the requirements of the Town’s Fair and Affordable Housing Law.
S.The use and operation of the Property shall conform to all Town Code requirements,including,but
not limited to,those in Chapters 95 (Erosion and Sediment Control Law),110 (Flooding Damage
Prevention Law),114 (Wetlands and Watercourses Law),141 (Noise Law),177 (Site Plan Law),
207 (Tree Law)and 240 (Zoning Code).
T.Applicant shall be required to maintain access by/for the Town in connection with Town-owned
sanitary sewer and storm drain line as well as sanitary manhole and storm manhole/headwall.
U.The area shown on the Plans to be reserved for use by the TMFD shall be marked "Fire Lane-—No
Parking Anytime."
V.All tree removal,protection and landscape plantings shall be in compliance with the Plans and the
Tree Law.
W.All landscaping shownon the Plans shall be maintained in a healthy and Vigorous growing condition
and all plants not so maintained shall be replaced with new plants of comparable type,size and
quality at the beginning of the next immediately following growing season.
X.The tree removal permit resulting from approval of the tree removal applicationgranted hereby shall
be valid for two years from the date of the tree permit issuance and may be extended in accordance
with the Tree Law for up to an additional two years only if a renewal application is submitted in
accordance with the Tree Law prior to the expiration of the tree removal permit.
Y.The Applicant shall be required to have an employee on site at least from 8am to 6pm every Monday
through Saturday other than legal holidays to coordinate the use of the onsite loading zone area.
This decision is hereby certi?edand shall be ?led with the Town Clerk.
The Planning Board discussed the draft resolution for the Special Use Permit.
Motion:To approve the draft resolution,as modi?ed
Moved by Sarah Dunn seconded by Elizabeth Cooney
Action:Unanimously approved
RESOLUTION
SPECIAL USE PERMIT
2399 Boston Post Road,Town of Mamaroneck,New York
On motion of Sarah Dunn,seconded by Elizabeth Cooney,the special use permit of 2399 Boston Post
Road Realty Corp.(the “pplicant”)by the Town of Mamaroneck Planning Board (the “Plannin
Board”)upon the following resolution,which was adopted by a vote of 4 to 0,with no abstentions:
31
Planning Board
May 14,2025
WHEREAS the property is located at 2399 Boston Post Road,(Property number 5-5-433),2417 Boston
Post Road,(together with an approximately 10-foot strip of land which was acquired by the Applicant
by adverse possession,Property number 5-5-446),6 Deane Place,(Property number 5-5—409)and 10
Deane Place (Property number 5-5-405),all within the SB-R/R-6 Zoning District in the Town of
Mamaroneck,New York’(collectively,the "Property");and
WHEREAS the Applicant proposes to construct two (2)-four—storyresidential buildings with a total of
thirty-six (36)(twelve (12)one-bedroom and twenty-four (24)two-bedroom)units and sixty—one(61)
parking spaces on the Property (the “Pro osed Action”),which requires approvals by the Planning
Board pursuant to Chapters 114,177,207 and 240 of the Town Code of the Town of Mamaroneck (the
“Town Code”);and
WHEREAS the Proposed Action requires Planning Board approval of a special use permit pursuant to
Sections 240-31(B)(3)and 240-61 of the Town Code to permit multi-family housing on the Property
(the “S ecial Use Permit”);and
WHEREAS the Proposed Action also requires Planning Board approval of (i)a site plan and
authorization to remove trees pursuant to Chapter 177 of the Town Code and Chapter 207 of the Town
Code,respectively,and (ii)a wetlands and watercourses permit pursuant to Chapter 114 of the Town
Code,both of which shall be set forth in two separate Planning Board resolutions of concurrent date;
and
WHEREAS Section 240.62.B of the Town Code states:“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 operationsof any permitted use not requiring
a special permit;”
WHEREAS in accordance with Section 240—31of the Town Code,the following are principally
permitted uses in the SB-R Zoning District which do not require a special use permit:
(1)Indoor recreation or amusement establishments
(2)Business or professional of?ces
(3)The sale or hire of new or used motor vehicles
(4)Undertaking and funeral homes
(5)Newspaper printing and publishing
(6)Nursery use for the sale of plants,trees,shrubbery,nursery stock and supplies,etc.
(7)Restaurants
(8)Luncheonette
(9)Ice cream/confectionary store
(10)Wholesale or storage businesses in enclosed buildings
(11)Municipal uses
(12)Public utility structure serving a local area
WHEREAS the Town’s Planning Board Secretary stated that all required referrals were made pursuant
to the New York State General Municipal Law and Section 240-61.E of the Town Code;and
32
Planning Boar
dMay14,2025
WHEREAS the Town Building Inspector issued a memo to the Planning Board dated April 7,2025
(the “Zonin Com liance Memo”)which stated.
A review ofthe plans dated November 15,2023,and last revised on April 7,2025,
prepared by Richard F.Hein Architects,P.C.for two proposed apartment buildings,and
parking area at 2399 Boston Post Road has been performed.
Theproposed multifamily apartment building is a permitted use in an SB-R zoning
district per §24 0—3IB (3),and the proposed parking is a permitted accessory use in an R-
6 zoning district per §240—22C within the Town ofMamaroneck.'
Although this will be a divided property,in that it is divided by two zoning districts,
§240—8 will not apply since the proposed use in each district is zoning compliant.
WHEREAS the Planning Board met at duly noticed and convened meeting to consider the Proposed
Action on December 13,2023 and January 17,May 8,July 10 and October 9,November 13,December
11,2024 and January 15,March 12,April 9 and May 14,2025;and
WHEREAS pursuant to and in compliance with Chapter 144 of the Town Code,the Planning Board
opened a duly noticed public hearing on the applicationfor the ProposedAction on November 13,2024,
which was closed on April 9,2025;and
WHEREAS the Planning Board has consideredthe applicationfor the specialuse permit,the plans and/or
documents submitted by the Applicant,the Building Inspector’s Memo,any and all comments and
responses to questionsby the Applicant,any and all reports and comments of Town of Mamaroneck staff
and consultants and heard any interested members of the public.
NOW,THEREFORE,BE IT RESOLVED that,in accordance with Section 240-62 of the Town
Code,the Planning Board makes the following ?ndings of fact,as limited by the conditions hereinafter
set forth:
A.The proposed use,as limited by the conditions set forth herein,is in general harmony with the
surrounding area and shall not adversely impact upon the adjacent properties due to traf?c
generated by said use or the access of traf?c from said use onto or off of adjoining streets.
B.The operations in connection with the Special Use Permit will be no more objectionable to
nearby properties by reason of noise,fumes,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 Special Use Permit use 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.
33
Flaming Board
May 14,2025
D.There are no existing violations of Chapter 240 of the Town Code relating to 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.Subject to the requirements of Article IX of the Town Code (Special Use Permits),as may be
amended and to the extent applicable to multi-family housing,this permit will expire,or be
eligible for extension,two years from the date that the certi?cate of occupancy is issued.
2.The Property shall conform to the most recent site layout plan on ?le with the Town Building
Department.
3.In accordance with Section 240-61.F 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,within
30 days of the date hereof.
This resolution is hereby certi?edand shall be?ledwith the Town Clerk.
Application #4 —104 Premium Point —Bluebouy Development LLC Residential Site Plan,
Wetlands and Watercourses Permit,Tree Removal Permit —Public Hearing
Kristen Motel of Cuddy +Feder LLP was present to address the Planning Board and provided an
overview of the proposed replacement of the existing swimming pool,pool terrace and accessory
residential improvements.
Motion:To open the public hearing
Moved by Edmund Papazian seconded by Elizabeth Cooney
Action:Unanimously approved
There were no comments from members of the public.
Motion:To close the public hearing
Moved by Sarah Dunn seconded by James Carroll
Action:Unanimously approved
The Planning Board discussed the draft resolution prepared by Counsel for a Wetlands &Watercourses
Permit.
Motion:To approve the draft resolution,as modi?ed
Moved by James Carroll seconded by Sarah Dunn
Action:Unanimously approved
34
Planning Board
May 14,2025
RESOLUTION
WETLANDS &WATERCOURSES PERMIT
104 Premium Point Road
Town of Mamaroneck,New York
On motion of James Carroll,seconded by Sarah Dunn,the application of Bleubuoy Development,(the
“pplicant”)for approval of a wetlands and watercourses permitwas APPROVED by the Planning
Board of the Town of Mamaroneck (the “Plannin Board”)upon the following resolution,which was
adopted by a vote of 5 to 0,with no abstentions:
WHEREAS the property is located at 104 Premium Point Road (known on the Tax Assessment map
as Section 5,Block 9,Lot 106,and within the R-50 Residential Zoning District in the Town of
Mamaroneck,New York (the "ropem");and
WHEREAS the Applicant proposes (i)replacement of the existing,irregularly,shaped pool with a
smaller,rectangular pool in substantially the same location,(ii)replacement of the existing pool patio
and rear yard patio with new patios,(iii)the removal of the existing gravel driveway,located south of
the existing dwelling,(iv)completionof a stormwater retention basin,(v)replacement of the septic
system,and (vi)new landscaping on the Property (the “Pro osed Action”);and
WHEREAS the Proposed Action requires an application for a Wetlands and Watercourses Permit due
to the amount of disturbance within the wetland buffer of the Premium Mill Pond and the Long Island
Sound;and
WHEREAS the Coastal Zone Management Commission (“CZMC”)reviewed the Application at its
meeting on February 24,2025,and issued a letter to the Planning Board,dated March 6,2025(the
“CZMC Letter”),which stated that it found the proposed action to be consistent with the Local
Waterfront Revitalization Program (“LWRP”);and
WHEREAS the 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”):
-Topographic Survey,prepared by TC Merritts,dated 11/17/2020;
0 Plan Set entitled “Bleubuoy Development,LLC”,prepared by Bibbo Associates,LLP,
Prepared 6-7-2021,Latest revision 3-18-25;.Plan entitled “Cut-Fill Plan,Bleubuoy Development,LLC”,prepared by Bibbo Associates,
LLP,dated 3/3/2025;
0 Plan Set entitled “OWTS Remediation Plan,Bleubuoy Development,LLC”,prepared by
Bibbo Associates,LLP,dated 1/22/2021,last revised 9/18/2024;.Plan Set entitled “Pool Site Plan”,prepared by Benedek &Ticehurst,dated 10/30/24,revised
3/3/25;.Stormwater Pollution Prevention Plan,prepared by Bibbo Associates,LLP,dated 3/18/2025'
0 Tree Assessment and Report,prepared by Aaron Schmidt,ISA Certi?ed Arborist,dated
3/21/25;
35
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May 14,2025.Tree Replacement Plan,sheet S-2,dated 12/17/2024 and revised 12/27/24,2/28/25 and
3/21/25;.Landscape Plan,sheet PL-l ,dated 2/26/25 and revised 3/21/25 for 104 Premium Point.Coastal Natural Resource Assessment,prepared by William Kenny Associates,dated
December 24,2024
WHEREAS a duly noticed public hearing forthe Applicationwas held on May 14,2025,concurrent with
a separate application for residential site plan approval pursuant to Chapters 178 and 207 of the Town
Code,respectively;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,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 thefollowing:
o The Town ’s Coastal Zone Management Commission (CZMC)reviewed the proposed project at
its February 25,2025,meeting and issued to the Planning Board a letter ofconsistency with the
policies ofthe Local WaterfrontRevitalization Plan (L WRP).
o On September 23,2024,the New York State Department ofEnvironmental Conservation (DEC)
reviewed the project and made a Jurisdictional Determination regarding the boundary ofstate
regulated tidal wetlands,Adjacent Areas,and Coastal Erosion Hazard Areas (CEHA).The state
determined that since all disturbances are proposed landward ofthe seawall,the project does
not require a DEC tidal wetland permit.
11.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 ?nds that the proposed action will not adversely impact Critical
Environmental Areas (CEAs),Significant Coastal Fish and WildlifeHabitat (SCFWH)areas,
or tidal wetlands 0r watercourses as de?nedby the Town ofMamaroneck.No activities are
proposed within wetlands,and as such,no direct adverse impacts will occur.Indirect adverse
impacts to CEAs,SCFWHs,and wetlands and watercourses will be avoided through the
implementation of best management practices (BMPS)such as the installation and
maintenance ofsoil erosion and sediment control measures during construction and
stormwater managementfeatures following construction.Further,the proposed project will
provide a variety of native groundcover,shrub,and tree plantings within the wetland buffers
36
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May 14,2025
while reducing impervious coverage within onsite wetland bu?ers by approximately 27%,and
providing a formalsystem for managing and treating stormwater runoff(a featurewhich
currently does not exist 'on the property).The existing septic system will be replaced by a
modern residential sewage treatment system,a cleaner system than the formersystem.
b.the alternatives to the Proposed Action:
The Planning Board ?nds that the proposed action is preferable to existing conditions because
the project primarily proposes the replacement ofthe existing,irregularly,shaped pool with a
smaller,rectangular pool in substantially the same location.Under proposed conditions,the
pool will be reduced fromapproximately1,200 square feet to approximately 620 square feet.
Theproject also proposes the replacement ofthe existing pool patio and rear yard patio with
new patios,and the removal ofthe existing gravel driveway,located south ofthe existing
dwelling.
c.the impact of the Proposed Action on wetland functions and the bene?ts as set forth in §1 14-]
of the Town Code:
The Planning Board findsthat no activities are proposed within wetlands,and as such,no
direct adverse impacts will'occur.Indirect adverse impacts to CEAs,SCFWHs,and wetlands
and watercourses will be avoided through the implementationofbest management practices
(BMPs)such as the installation and maintenance ofsoil erosion and sediment control
measures during construction and permanent stormwater management practice as a
maintainedfeatureofthe property.Further,the proposed project will provide a variety of
native groundcover,shrub,and tree plantings within the onsite CEA ’s and wetland buffers
while reducing impervious coverage within onsite wetland buffersby approximately27%,and
providing a formalsystem for managing and treating stormwater runo?(afeature which
currently does not exist on the property).The existing septic system will be replaced by a
modern residential sewage treatment system,a cleaner system than theformersystem.
111.The availability of preferable alternative locations for the Proposed Action on the
subject parcel:
The Planning Board findsthat the project does not propose any activities within regulated tidal
wetlands,nor does it propose any action that would directly or indirectly adversely impact tidal
wetlands or other coastal natural resources.Nevertheless,the Applicant explored alternative
locations for the proposed pool (which is currently proposed in substantially the same location
as the existing,approximate 50—year-old,non-conforming pool).The Applicant concluded and
the Planning Board agrees that there are no feasiblealternative locations for the proposed pool
which comply with both the applicable State requirements for shoreline development on the
property and the local requirements for pool siting locations (Town Code Section 192-5).A
majority ofthe property ’s rear yard fallswithin the DEC regulated CEHA area.This shoreline
area,which is identi?edas having a significant risk of erosion,has strict restrictions on
development.Construction ofa pool within the CEHA would require the issuance ofa variance
fromthe DEC Coastal Erosion Management O?ice.Variances are only issued on the premise
that the applicant demonstrates there are no reasonable or prudent siting alternatives,and that
37
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Planning Board
May 14,2025
the applicant is facing unnecessary hardship.As there is an existing pool on the property,
located outside ofthe CEHA,obtaining a DEC variance to re-locate a pool within the CEHA is
unlikely.Additionally,the Town ’s Swimming Pool Regulations (Section 192-5(A)(I)(c))
prohibits the construction ofswimming pools in the frontyard,furtherrestricting viable siting
locations.Lastly,the property’s southern side yard is located within the Special Flood Hazard
Area (while the northern side yard is not).As such,the Planning Board agrees with the
Applicant that the currently proposed location,in the northern side yard,is the only feasible
place for the proposed replacementpool.
the availability of further technical improvements or safeguards that could feasibly be
added to the proposal;
The Planning Board determines that as currently designed,the project employs standard
sediment and erosion control methods which will prevent indirect adverse impacts to tidal
wetlands and costal natural resources during the project ’s construction.These measures also
include the installation oftree protection measures to preserve and protect mature trees to
remain at the property.Post construction,the project will employ a formalstormwater
management practice to capture and treat stormwater runoff?om impervious surfaceson the
property.As such,with the proper installation and maintenance ofthese features,there will be
no adverse impacts and,therefore,the Planning Board ?nds that additional improvements or
safeguards are unnecessary.The existing septic system will be replaced by a modern
residential sewage treatment system,a cleaner system than theformersystem.In addition,the
proposed pool will utilize a UV disinfectionsystem,saferfor the environment than chlorine.
V.the possibility of avoiding reduction of the wetlands’or watercourse’s natural capacity to
V1.
support desirable biological life,prevent ?ooding,control sedimentation and/or prevent
erosion,facilitate drainage,and provide recreation and open space;
The Planning Board determines that there will be no direct impacts to biological life,?ooding,
sedimentation,erosion,drainage,recreation nor open space,as no work is proposed within tidal
wetland areas.F urther,there will be no indirect adverse impacts as the project proposes
adequate sediment and erosion control measures as well as stormwater management measures
which prevent indirect adverse impacts to the tidal wetland system or other costal natural
resources.Lastly,the project proposes an approximate 27%reduction ofimpervious surfaces
within onsite wetland buffers.
the extent to which the public or private bene?t 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 findsthat private bene?tsreceived fromthe project
will not result in the degradation ofnearby 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 interferewith the exercise ofother property rights.For these reasons,the Planning Board
38
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May 14,2025
concludes that the bene?tsofthe Proposed Action outweigh any potential negative impacts to the
community,including the nearby watercourses,wetlands and bu?er areas.
WHEREAS the Planning Board has considered the Applicationand 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 EnvironmentalPlanner,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 ?nds,pursuant to §114-
7(E)of the Town Code,based upon the record before it and after due considerationof the above criteria
set forth in §1 l4-7(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-],and that the action to be taken will minimize all adverse
effects on such policy to the maximum extent practicable:
0 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
bene?cial economic and social development of the town;and
0 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 re?ected in the hereinabove identi?ed 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 certi?cate of completion shall be issued until all of the required conditions of this approval
have been met.
4.Prior to the commencement of construction,appropriatemeasures 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
n
Planning Board
May 14,2025
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
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 de?ned above,and any successors or assignees in/of
ownership interests in the Property or any portion thereof.
12.With respect to the importation of ?ll 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 Certi?cate of Completion,the Applicant shall provide the Town
Engineer with trucking manifests for all ?ll material imported to the site.
(b)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.
40
Planning Board
May 14,2025
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 certifiedand shall be ?led with the Town Clerk.
The Planning Board discussed the draft resolution for Residential Site Plan and Tree Removal prepared
by Counsel.
Motion:To approve the draft resolution,as modi?ed
Moved by Elizabeth Cooney seconded by Sarah Dunn
Action:Unanimously approved
RESOLUTION
Approval of Residential Site Plan and Tree Removal Application
104 Premium Point Road
Town of Mamaroneck,New York
On motion of Elizabeth Cooney,seconded by Sarah Dunn,the residential site plan application and
tree removal application of Bleubuoy Development,(the “pplicant”)were APPROVED by the
Planning Board of the Town of Mamaroneck (the “Plannin Board”upon the following resolution,
which was adopted by a vote of 5 to 0,with no abstentions:
WHEREAS the property is located at 104 Premium Point Road (known on the Tax Assessment map
as Section 5,Block 9,Parcel 106 and within the R-SO Residential Zoning District in the Town of
Mamaroneck,New York (the "roper_ty");and
WHEREAS the applicationproposes (i)replacement of the existing,irregularly,shaped pool with a
smaller,rectangular pool in substantially the same location,(ii)replacement of the existing pool patio
and rear yard patio with new patios,(iii)the removal of the existing gravel driveway,located south of
the existing dwelling,(iv)completion of a stormwater retention basin,(v)replacement of the septic
system,and (Vi)new landscaping;and
WHEREAS the applicationrequires residential site plan approval pursuant to Chapter 178 of the Town
Code (the “Town Residential Site Plan Law”),due to the amount of site disturbance proposed on the
Property;and
WHEREAS the application also requires a tree removal application 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 Applicant seeks residential site plan
approval,the Planning Board is the approving authority for the Applicant’s tree removal permit;and
41
Planning Board
May 14,2025
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 Applicant has also submitted an application pursuant to Chapter 114 of the Town Code
of the Town of Mamaroneck for a wetlands and watercourses permit,the decision on which is re?ected
in a separate resolution of concurrent date;and
WHEREAS the Coastal Zone Management Commission (the “CZMC”)reviewed the proposed action
at its meeting on February 24,2025 and issued a letter to the Planning Board,dated March 6,2025 (the
“CZMC Letter”),which stated that it found the proposed action to be consistent with the Local
Waterfront Revitalization Program (“LWRP”);and
WHEREAS,the Town’s Environmental Planner issued a memo to the Planning Board,dated April 24,
2025 (the “Environmental Planner’s Memo”),which sets forth the number,type and diameter of the
trees to be removed as well as the total number of required replacement trees pursuant to the Town Tree
Law and the number of replacement trees proposed by the Applicant;and
WHEREAS,the Environmental Planner’s Memo further stated that there is an open tree permit that
was granted to the previous owner of the Property,where 4 trees had been removed,and 8 replacement
trees are still required;and
WHEREAS the Environmental Planner’s Memo further stated that the Applicant revised the planting
plan to include such 8 trees in the current planting plan plus the 17 replacement trees required under
this application and an additional 5 trees,totaling 30 trees to be planted where 25 trees are required;and
WHEREAS the Environmental Planner’s Memo recommends that the Planning Board approve the
Applicant’s tree permit;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 Tree Law,the Town Residential Site Plan
Law and the New York State General Municipal Law,and that no comments were received;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 submitted ~in
connection with the proposed action (hereinafter referred to as the “Plans”):.Topographic Survey,prepared by TC Merritts,dated 11/17/2020;.Plan Set entitled "Bleubuoy Development,LLC”,prepared by Bibbo Associates,LLP,
Prepared 6—7-2021,Latest revision 3-18-25;
-Plan entitled “Cut-Fill Plan,Bleubuoy Development,LLC”,prepared by Bibbo Associates,
LLP,dated 3/3/2025;.Plan Set entitled "OWTS Remediation Plan,Bleubuoy Development,LLC",prepared by
Bibbo Associates,LLP,dated 1/22/2021,last revised 9/18/2024;.Plan Set entitled "Pool Site Plan",prepared by Benedek &Ticehurst,dated 10/30/24,
revised 3/3/25;
42
Planning Board
May 14,2025.Stormwater Pollution Prevention Plan,prepared by Bibbo Associates,LLP,dated 3/18/2025;.Tree Assessment and Report,prepared by Aaron Schmidt,ISA Certified Arborist,dated
3/21/25;.Tree Replacement Plan,sheet S-2,dated 12/17/2024 and revised 12/27/24,2/28/25 and
3/21/25;.Landscape Plan,sheet PL-l,dated 2/26/25 and revised 3/21/25 for 104 Premium Point.Coastal Natural Resource Assessment,prepared by William Kenny Associates,dated
December 24,2024
WHEREAS the Town Building Inspector issued a memorandum,dated April 25,2025 (the “Zoning
Com liance Memo”),which stated that based upon a review of the plans dated October 30,2024,
prepared by Glenn Ticehurst,R.L.A of Benedek &Ticehurst for a proposed swimming pool at 104
Premium Point,the plans require an area variance because §192-5A(l)(c)of the Town Code states
that a swimming pool is not permitted in a side yard.The Zoning Compliance Memo further states
that the Town’s Zoning Board of Appeals granted the necessary variance on March 26,2025;and
WHEREAS the Planning Board ?nds that the proposed action conforms to the standards and
requirements of the Town Residential Site Plan Law and the Town Tree Law;and
WHEREAS,a?er compliance with noti?cation procedures set forth in Chapter 144 of the Town Code,
the Planning Board held a duly noticed public hearing on May 14,2025;and
WHEREAS,the Planning Board has considered the proposed action,including the herein speci?ed
Plans,comments and responses to questions by the Applicant and its representatives,the Environmental
Planner’s Memo,the Zoning Compliance Letter,the CZMC Letter,the reports and comments of its staff
and consultants,including the Town’s Environmental Planner and the Town's Consulting Engineer,and
heard and considered comments from any interested members of the public;and
WHEREAS,the Planning Board agrees with the recommendation as re?ected in the Environmental
Planner’s Memo 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 2 action 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 EnvironmentalQuality 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.
BE IT FURTHER RESOLVED,that the Planning Board hereby APPROVES the Applicant’s
residential site plan for the Property as re?ected in and in conformance with the Plans,subject to the
terms and conditions enumerated below.
43
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Planning Board
May 14,2025
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.
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
Planning Board.
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 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,the Town Environmental Planner and the 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 l78-l7.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 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.
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10.In accordance with Section 178-17.B 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.
11.The term “Applicant”is used herein with the intent to impose a future 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,including but not limited to the following:
a.Provide construction fence or suitable barrier to prevent equipment tracking through the
proposed in?ltration basin footprint during construction
b.Clarify the construction sequence to limit the collection of sediment/?ne grained soils within
the in?ltration basin.
c.Illustrate the house sewer connection to the new septic tank and proposed SSTS Remediation
Area on the site plan.
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.]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 applicablesurveyed
lot(s)at least ten (10)days before the mechanical rock removal commences.
15.With respect to the importationof ?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.
.Subsequent to the date hereof,all imported ?ll material shall consist of natural rock or of clean
soils meeting the soil constituent concentrationsfor “Unrestricted Use”as de?ned 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 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 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
45
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Planning Boar
dMay14,2025
is submitted in accordance with the Town Tree Law prior to the expiration of the tree removal
permit.
18.With respect to the swimming pool:
(a)Pool ?lters 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 ?ood 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.
This decision is hereby certifiedas true and correct and shall be ?led with the Town Clerk.
Ms.Motel requested that the record reflect that conditions 12 C and 15 in the residential site plan
resolution are not applicable to this application.
Application #5 ——7 North Brook Road —N.Brook Rd.,Inc.—Subdivision,Residential Site Plan,
Wetlands and Watercourses Permit,Tree Removal Permit —Public Hearing
Paul Noto,counsel to the applicant,and Pietro Catizone,P.E.,were present to address the Planning
Board.
Ms.Murray stated that the Department of Health signed the subdivision plat,and Mr.Noto con?rmed
that the will serve letter issued by Westchester Joint Water Works was given to the Department of
Health.
Motion:To open the public hearing
Moved by Edmund Papazian seconded by Jason Carroll
Action:Unanimously approved
There were no comments from members of the public.
The Board members discussed the draft resolution for Subdivision prepared by Counsel.
Motion:To approve the ?nal subdivision plat
Moved by Elizabeth Cooney seconded by Sarah Dunn
Action:Unanimously approved
46
Planning Board
May 14,2025
RESOLUTION
Final Subdivision Approval
7 North Brook Road,Town ofMamaroneck,New York
On motion of Elizabeth Cooney,seconded by Sarah Dunn,in connection with a subdivision application
by N.Brook Rd.,Inc.,(the “pplicant”),the Planning Board approves the ?nal subdivision pursuant
to the requirements of the Town Code of the Town of Mamaroneck (Town Code)Subdivision Law,
upon the following resolution,which was adopted by a vote of 5 to 0 with no abstentions.
WHEREAS the subject property is located at Section 2,Block 14,Lot 351 with a street address of 7
North Brook Road in the Town of Mamaroneck (the “Subject Prope?”);and
WHEREAS the Applicant filed an application for the subdivision of one lot into two lots (the “Pro osed
Action”)pursuant to Chapter 190 of the Town Code (the “Town Subdivision Law”);and
WHEREAS the Applicant has provided all of the information required by the Town Subdivision Law
and the Applicationwas deemed by the Planning Board to be complete;and
WHEREAS the Town Building Inspector issued a memorandum,dated April 25,2025 (the “Zoning
Com liance Memo”),which,based upon review of subdivision plat prepared by
Stephen F Hoppe,LS.and sheet SD-lOO 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 the Town Engineer,the Town Building Inspector and AI Engineers,lnc.,Dolph Rotfeld
Engineering Division,(the “Town’s Consultin En ineer”)reviewed the following plans submitted in
connection with this Application (hereinafter referred to as the “Plans”):.“Subdivision Plat,7 North Brook Road”,prepared by Stephen F.Hoppe,L.S.,dated October
25th,2024
WHEREAS the Coastal Zone Management Commission (“CZMC”)reviewed the Application at its
meeting on September23,2024,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 Proposed Action was considered and discussed at duly noticed meetings of the
Planning Board held on August 14,September 1 1,November 13,and December 11,2024;and
WHEREAS a duly noticed public hearing on the preliminary layout was conducted on December 11
2024;and
WHEREASanother public hearing is required in connection with the final subdivision plat;and
WHEREAS,this is a Type 1]action 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
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Planning Board
May 14,2025
of Mamaroneck Environmental Quality Review Law and,accordingly,no further environmental review
is required;and
WHEREAS,Section l90-8(A)of the Town Subdivision Law provides that,before the Board accepts
submission of the ?nal layout of the subdivision plat,the subdivider shall obtain the approval,without
quali?cation,of the Westchester County Department of Health,Westchester Joint Water Works and
any other agency having jurisdiction over the premises (together,the “Necessa Certi?cations”);and
WHEREAS,at the meeting of the Planning Board on December 1l ,2024,the Planning Board conveyed
to the Applicant it’s tentative conclusion that the preliminary layout is satisfactory pursuant to Section
190—7of the Town Subdivision Law;and
WHEREAS on May 14,2025,the Town Deputy Engineer con?rmed that the Necessary Certi?cations
have been secured;and
WHEREAS a duly noticed public hearing on the ?nal subdivision plat was held on May 14,2024;and
WHEREAS,the Planning Board has considered the Application and the preliminary layout;the Plans,
the Zoning Compliance Memo,statements and responses to questions by the Applicant and its
representatives;memos,letters,reports and comments of the Town Engineer,the Town Environmental
Planner,the CZMC and the Planning Board’s consultants and the counsel to the Planning Board,and
has heard and read testimony and reviewed other submissions from interested members of the public.
NOW,THEREFORE,BE IT RESOLVED,that approval of the ?nal subdivision is hereby
GRANTED with conditions for the subdivision of the Subject Property in accordance with the
following:
1.Any development on thenew subdivided lot(s)shall require compliance with Chapter 178 of the
Town Code (Residential Site Plan Law).
Any site work shall be in accordance with the subdivision plat hereby approved and shall comply
in all respects with applicable Town,county,state and federal requirements.
In the event that any subsequent permits or approvals require any modi?cation to the subdivision
plat approved by this resolution,a determination shall be made by the Town Engineer and Town
Building Inspector as to whether the modi?cation is substantial and,therefore,must be returned
to the Planning Board for its consideration and approval.
The Applicant shall arrange a pre-construction meeting with the Town Engineer and Town
Building Inspector prior to any site disturbance.
The term “Applicant”is used herein with the intent to impose a future obligation or condition on
the Applicant,as de?ned above,and on any successor or assign in/of ownership interest of the
Subject Property or any portion thereof.
Planning Boar
dMay14,2025
6.Any and all tree removal,protection and landscape plantings shall be in compliance with the Plans
and the Tree Law.
7.No Town permits shall be issued until the Applicant submits proof of recording the ?nal
subdivisionplat in the land records of Westchester County.
This decision is hereby certi?edas true and correct and shall be?ledwith the Town Clerk
The Planning Board discussed the draft resolution prepared by Counsel for the Wetlands and
Watercourses Permit.
Motion:To approve the draft resolution
Moved by Sarah Dunn seconded by Elizabeth Cooney
Action:Unanimously approved
RESOLUTION
WETLANDS &WATERCOURSES PERMIT
7 North Brook Road
Town of Mamaroneck,New York
On motion of Sarah Dunn,seconded by Elizabeth Cooney,the application of N.Brook Rd.,Inc.(the
“Agplicant”)for approval of a wetlands and watercourses permit 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 5 to 0,with no abstentions:
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 "ropem");and
WHEREAS the Applicant has obtained a two-lot subdivision of even date herewith and proposes the
development of the newly created lot with a single—familyhome on the Property (the “Pro osed
Action”);and
WHEREAS the Proposed Action requires an application for a Wetlands and Watercourses Permit due
to its location across the street from the Sheldrake River;and
WHEREAS approximately sixty-?ve (65)feet of the Property is within the lOO-footwetland buffer;
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
49
Planning Board
May 14,2025
Engineering Division,(the “Town’s Consultin En 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;
0 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;
0 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‘“,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
o Wetlands Narrative,prepared by Catizone Engineering,P.C.,dated 7/23/2024.
WHEREAS a duly noticed public hearing for the Applicationwas held on May 14,2025,concurrent with
a separate application for residential site plan approval and ?nal subdivision approval pursuant to Chapter
178 and 190 of the Town Code,respectively;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,subparagraph (8)of
the Town of Mamaroneck Environmental Quality Review Law and,accordingly,no further environmental
review is required;and
WHEREAS in accordance with §l l4-7(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 ofthe public;
The Planning Board has reviewed the CZMC Letter,Applicant submissions and memos and reports
issued by Town staffand consultants.
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 notes that environmental impacts ofthe Proposed Action include loss of?ve (5)
mature trees and small ground cover plantings,resulting in loss ofhabitat for native plants and
animals,as well as an increase ofstormwaterrunoff?ow rates due to new impervious coverage.The
Planning Board notes that seven (7)mature trees located at the perimeter ofthe Property are to
remain and be protected throughout construction.
b.the alternatives to the Proposed Action:
50
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Planning Board
May 14,2025
The Planning Board determines that there is no need to consider alternatives because the Applicant has
proposed the following mitigation measures,which are deemed by the Planning Board to be appropriate
and satisfactory:
The Applicant’s landscaping plan includes 16 new trees,49 shrubs,and extensive ground cover
plantings.
The Applicant also proposes on—sitestormwater detention facilitiesto mitigate the effectsofincreased
impervious coverage associated with the new development.Thesefacilitiescapture runo??'om newly
created impervious areas including the roofofthe house,patios and other featuresin underground
structures that allow stormwater to naturally in?ltrateinto the soil below.According to the Applicant,
and as reviewed by the Town ’s Consulting Engineer,percolation testing at the site indicates that the
existing soil conditions are well suited for in?ltrationofrunoff.This capture and treatment of
stormwater runoffhas been designed to reduce the rate ofstormwater runo?o?—sitecompared to pre-
development conditions.Afull Stormwater Report has been provided and submitted to the Town
Engineer.
0.the impact of the Proposed Action on wetland functions and the bene?ts as set forth in §1 14-1 of
the Town Code:
The Planning Board ?nds that that the Proposed Action will not negatively impact wetlandfunctions
because the Applicant has proposed a landscaping replacement plan that utilizes region-appropriate
species and stormwater detention facilitiesto mitigate any impacts to the wetland ’sfunctionality.In
addition,the Planning Board notes that the Property is disconnectedfromthe wetland itselfby the
existence ofthe paved roadway and stone and mortar retaining wall between the Sheldrake River and
the roadway.Within the roadway,catch basins and drainage pipes convey stormwater runo?’to
outfallswithin the river.This man-made interruption between wetland and wetland bufferwill be
unchanged with the Proposed Action and as such,the proposed development will not have any added
impact to the functioning ofSheldrake River.
III.The availability of preferable alternative locations for the Proposed Action on the
subject parcel:
The Planning Board ?nds that given the close proximity ofthe property to the watercourse,there
are no alternative locationsforthe Proposed Action.
IV.the availability of further technical improvements or safeguards that could feasibly be
added to the proposal;
The Planning Board determines that no furtherimprovements or safeguards are necessary
because the proposed landscaping and stormwater management plans are appropriate.
V.the possibility of avoiding reduction of the wetlands’or watercourse’s natural capacity to
support desirable biological life,prevent ?ooding,control sedimentation and/or prevent
erosion,facilitate drainage,and provide recreation and open space;
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The Planning Board determines that proposed landscaping will provide new habitat for biological life
and stormwater detention facilitieswill reduce the rate ofo?-site runo?thereby preventing additional
?ooding and restoring the ability ofthe site to recharge groundwater and aquifers.There are no
direct impacts to the Sheldrake River as it relates to its natural capacity to provide recreation or open
space for the community.
V1.the extent to which the public or private bene?t 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:
The Planning Board determines that the subdivision ofthe and construction ofa new single-family
dwelling provides ?nancialand social bene?tsto the community in theformoftaxrevenue and
increased housing availability.The Planning Board notes that this application proposes development
on private property,adjacent to similarly sized parcels and dwellings and does not require easements
or other agreements that would negatively impact the public ’s use ofthe Sheldrake River.
The Planning Board furthernotes that any potential impacts to the wetland above would be minimal,
and that the Proposed Action includes appropriate design featuresto mitigate potential impacts.
Finally,the Planning Board observes the presence ofa 30-foot—widepaved roadway and stone
retaining wall between the wetland boundary and I 00ftwetland bu?er,which effectively disconnects
the two areas and disrupts the natural relationship that the [97,1]erarea would typically have on the
wetland
For these reasons,the Planning Board concludes that the bene?tsofthe Proposed Action outweigh
any potential negative impacts to the community,including the nearby watercourses,wetlands and
bufferareas.
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 ?nds,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 §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:
0 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 is consistent with the general welfare and
beneficial economic and social development of the town;and
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0 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 re?ected in the hereinabove identi?ed 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
modi?ed in accordance with the speci?c 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 certi?cate of completion shall be issued until all of the required conditions of this approval
have been met.
4.Prior to the commencement of construction,appropriatemeasures shall be undertaken to control
erosion and minimize water turbidity during construction,to the satisfaction of the Town
Engineer,as well as installation and maintenance of tree protection measures to the satisfaction
of the Town Environmental Planner.
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 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 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
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
53
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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 becombined 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.
1 l .The term “Applicant”is used herein with the intent to impose a future obligation or condition,
and shall include the Applicant,as de?ned above,and any successors or assignees in/of
ownership interests in the Property or any portion thereof.
12.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.
(a)Prior to the issuance of a Certi?cate of Completion,the Applicant shall provide the Town
Engineer with trucking manifests for all ?ll material imported to the site.
(b)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.
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 ll4-7(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 certifiedand shall be ?led with the Town Clerk.
Motion:To close the public hearing
Moved by Edmund Papazian seconded by James Carroll
Action:Unanimously approved
The Planning Board discussed the draft resolution prepared by counsel for site plan and tree removal.
Ms.Hochman stated that the tree removal permit should be deferred until a recommendation is
received by the Town Environmental Planner.
Motion:To approve the draft resolution,as modi?ed
Moved by Elizabeth Cooney seconded by James Carroll
Action:Unanimously approved
54
Planning Board
May 14,2025
RESOLUTION
Approval of Residential Site Plan
7 North Brook Road
Town of Mamaroneck,New York
On motion of Elizabeth Cooney,seconded by James Carrol,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 Board”upon the following resolution,which was adopted by a vote of 5
to O,with no abstentions:
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 "Proper_ty");and
WHEREAS the Applicanthas obtained a two-lot subdivision and the development of the newly
created lot with a single-family home on the Property (the “Pro osed 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 ineer”)reviewed the following plans (hereinafter
referred to as the “‘Plans”):
0 Topographic Survey prepared by Stephen F.Hoppe,L.S.,dated 1/12/2024,last revised
6/19/2024;
0 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;
0 Storrnwater 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
25th,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.
6‘WHEREAS the Town Building Inspector issued a memorandum,dated April 25,2025 (the Zoning
Com liance Memo”),which,based upon review of subdivision plat prepared by
Stephen F Hoppe,LS.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 Applicationwas held on May 14,2025,concurrent with
separate applicationsfor a wetlands and watercourses permit pursuant to Chapter 114 of the Town Code
55
u am,
Planning Board
May 14,2025
and ?nal 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 ?nds that the proposed action conforms to the standards and
requirements of the of the Town Residential Site Plan Law;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 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 11 action 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 residential site plan
for the Property as re?ected in and in conformance with the Plans,and 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.
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
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
56
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Planning Board
May 14,2025
(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.
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).
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.
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.
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
storrnwater management structures.
In accordance with Section 178-17.B 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 future 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.
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.
If there is to be any mechanical rock removal on the Property,the Applicant shall comply with
Section 106-58.l 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.
57
Jewmug
Planning Board
May 14,2025
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.Any 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).
This decision is hereby certi?edas true and correct and shall be?led with the Town Clerk.
Application #6 —1-16-450 Seton Road —JAF Builders Corp.—Residential Site Plan,Tree
Removal Permit —Consideration
Eliot Senor,P.E.,L.S.,engineer for the applicant,was 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.
Senor stated that the applicant has received a consistency determination from the Coastal Zone
Management Commission.
Mr.Senor stated that the plans would be updated to re?ect the correct number of trees that the
applicant is proposing to remove.Mr.Papazian suggested the applicant also provide a streetscape
plan depicting the proposed heights taken head on from 12 Seton Road and 3]Seton Road.
The Planning Board discussed scheduling a public hearing for June and requested that counsel prepare
draft documents to facilitate discussion.
The meeting was adjourned at 9:54 PM.
Minutes prepared by
Jami Sheeky,
Planning Board Secret ry
58