HomeMy WebLinkAbout2025_01_15 Planning Board MinutesPRESENT:
ALSO PRESENT:
CALL TO ORDER
MINUTES
Planning Board Meeting
Wednesday, January 15, 2025
Town Center — 740 W. Boston Post Road, Mamaroneck, NY 10543
7:30 PM
Ralph Engel, Chair
Elizabeth Cooney, Vice Chair
Ira Block, Board Member
Edmund Papazian, Board Member
Ron Mandel, Board Member
Sarah Dunn, Alternate Board Member
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
The meeting was called to order at 7:30 P.M.
The Secretary called the roll and established that a quorum was present.
The Secretary stated that all items on for public hearing were duly noticed and that all documents to be
discussed were posted on the website at least 24-hours prior.
MINUTES
The Board discussed the draft minutes of the December 11, 2024, meeting.
Motion: To adopt the draft minutes of December 11, 2024, as modified.
Moved by Ira Block seconded by Edmund Papazian
Action: Approved
Abstained: Sarah Dunn
Application #1 — 21 Edgewood Ave — Heather and Michael Feinman — Subdivision and
Residential Site Plan — Public Hearing
Michael Liguori, counsel to the applicant, was present to address the Planning Board.
Mr. Liguori stated that there have been no changes to the subdivision plat.
Planning Board
January 15, 2025
Motion: To open the public hearing on the final subdivision plat and the two applications for
residential site plan
Moved by Elizabeth Cooney seconded by Ron Mandel
Action: Unanimously approved
Paul Schwendener, of 27 Edgewood Ave., read a statement expressing concerns about tree removal,
water runoff and erosion. His written statement dated December 11, 2024, had also been entered into
the record.
Representatives of the applicant and members of the Planning Board discussed tree removal.
Katherine Wachs, of 31 Edgewood Ave., expressed concerns about tree removal.
Motion: To close the public hearing
Moved by Elizabeth Cooney seconded by Ira Block
Action: Unanimously approved
The Planning Board and staff discussed draft resolutions prepared by Counsel.
Motion: To approve the draft resolution prepared by Counsel, as modified, for the final subdivision
layout
Moved by Edmund Papazian seconded by Elizabeth Cooney
Action: Unanimously approved
RESOLUTION
Final Subdivision & Tree Removal
21 Edgewood Avenue, Town of Mamaroneck, New York
On motion of Edmund Papazian, seconded by Elizabeth Cooney, in connection with a subdivision
application by Heather and Michael Feinman (collectively, the "Applicant"), the Planning Board
approves the final subdivision pursuant to the requirements of the Town Code of the Town of
Mamaroneck (Town Code) Subdivision Law, Chapter 190, upon the following resolution, which was
adopted by a vote of 5 to 0, with no abstentions.
WHEREAS the subject property is located at Block 123, Lot 30 with a street address of 21 Edgewood
Avenue in the Town of Mamaroneck (the "Subject Property"); and
WHEREAS the Applicant filed an application for the subdivision of one lot into three lots (the
"Proposed Action") pursuant to Chapter 190 of the Town Code (the "Subdivision Law"); and
WHEREAS, the Applicant has also submitted an application pursuant to Chapter 207 of the Town
Code (the "Tree Law") to remove trees on the Property; and
WHEREAS, pursuant to the Tree Law, because the Applicant seeks subdivision approval, the Planning
Board is the approving authority for the Applicant's tree removal permit; and
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WHEREAS, the Applicant has submitted a separate application for residential site plan approval for
the two new lots resulting from the subdivision; and
WHEREAS the Planning Board's determination in connection with the Applicant's residential site plan
applications shall be set forth in two separate Planning Board resolutions of concurrent date; and
WHEREAS, the Applicant has provided all of the information required by the Subdivision Law and
the Tree Law the submission was deemed by the Planning Board to be complete; and
WHEREAS the Town Building Inspector issued a memorandum dated September 4, 2024 (the
"Zoning Compliance Memo"), which, based upon review of plans dated August 23, 2024, prepared by
Bello Architects, found that all three lots are zoning compliant for properties in an R-6 district; and
WHEREAS the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld
Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans submitted in
connection with this application (hereinafter referred to as the "Plans"):
• Topographic Survey prepared for Michael Feinman and Heather Feinman, prepared by TC
Merritts Land Surveyors, dated September 7, 2023, last revised April 3, 2024;
• Subdivision Plat prepared for Michael Feinman and Heather Feinman, prepared by TC
Merritts Land'Surveyors, dated October 10, 2023, last revised November 6, 2024
• Drainage/Utility Plan, prepared by Anthony S. Pisarri, P.E., P.C., dated April 22, 2024, last
revised August 23, 2024;
• Drainage Study For Proposed 3 Lot Subdivision, prepared by Anthony Pisarri, P.E., P.C. dated
June 25, 2024;
• Feinman Residence — Proposed Site Plan, prepared by Bello Architecture, PLLC, dated August
23'1, 2024; and
• Tree Removal Plan, prepared by Stephen Lopez, AICP, RLA, dated February 26, 2024, last
revised May 7th, 2024
• Landscape Plan, prepared by Stephen Lopez, AICP, RLA, dated February 26, 2024, last
revised August 24th, 2024.
WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the Proposed Action at
its meeting on May 20, 2024, and issued a letter to the Planning Board, dated May 24, 2024 (the "CZMC
Letter"), which stated that it found the Proposed Action to be consistent with the Local Waterfront
Revitalization Program ("LWRP") "provided that the existing system in Myrtle Boulevard can handle
the overflow from the new homes without exacerbating the flooding conditions currently experienced
by the residents in the neighborhood"; and
WHEREAS based, in part, on the CZMC Letter, the Planning Board requested the Applicant meet
enhanced stormwater management criteria beyond attenuation of the peak flow from the twenty -five-
year design storm typically required by Town Code, and
WHEREAS at the Planning Board meeting on September 11, 2024, the Town's Consulting Engineer
stated that the Applicant has demonstrated that the proposed on -site stormwater detention systems are
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designed to mitigate the rate of runoff from a 100-year design storm to a level below that of the
undeveloped condition; and
WHEREAS, at the August 14th Planning Board meeting, a report from the Town Arborist was
requested; and
WHEREAS a memo dated September 5, 2024 from James Guinee (Arborist :# NY5263A) stated as
follows (the "Arborist Report"):
The ninety foot Norway Spruce (Picea abies) in the backyard of 21 Edgewood Avenue stands
about fifteen feet from the back porch. On the backside of this tree, the ground drops of at a
seventy-five degree angle towards Myrtle Boulevard. This leads to an empty lot serving as a
location for a new house.
After inspecting this Norway Spruce, I found no serious conditions with it. That being said, I
still recommend the removal of the tree due to the location of this new house, construction
equipment, and installation of new pipes. The root system and stability of the tree will be
corrupted, whether it being cut or compacted on more than half of the tree. With this sort of
damage, the tree will decline by next Spring. If this tree fails at the height it is, it will reach
several homes around it. To avoid future problems, I recommend the removal o_f the Norway
Spruce now.
WHEREAS the Town's Environmental Planner issued a memo to the Planning Board dated January 2,
2025 (the "Environmental Planner's Memo"), which sets forth the number, type, location and
diameter of the trees to be removed as well as the total number of required replacement trees pursuant
to Chapter 207 and the number, type and location of replacement trees proposed to be planted on the
Property; and
WHEREAS the Environmental Planner's Memo stated that (i) the Applicant proposed to remove 27
trees from the Property, (ii) the Tree Law requires 59 replacement trees, (iii) the Applicant has proposed
planting 32 replacement trees and (iv) in lieu of planting the remaining 27 trees, $300/tree, totaling
$8,100 is proposed to be paid to the tree fund (the "Applicant's Tree Plan").
WHEREAS the Planning Board members discussed concerns expressed in a letter dated December 11,
2024 from the owner of an adjacent parcel to the Planning Board; and
WHEREAS the Town Deputy Engineer stated that standard accepted practices used in tree removal
work should not risk damage to a structure/foundation on a neighboring lot because ground level
removal of stumps and roots is typically performed by a stump grinder and/or excavator that would not
apply force/vibration that extends beyond the immediate footprint of the stump, and
WHEREAS the Planning Board discussed the Applicant's Tree Plan and determined that one of the 27
trees proposed to be removed, the one closest to the garage on the adjoining property, should remain;
and
WHEREAS the Applicant expressed concern that such tree might be irreparably damaged during
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construction; and
WHEREAS the Planning Board discussed the Applicant's Tree Plan, as modified to remove 26 instead
of 27 trees; and
WHEREAS the Planning Board determined that the Applicant's Tree Plan, as modified, is acceptable;
and
WHEREAS according to the Plans, the sanitary and stormwater sewer systems serving the
subdivided lots on the Property are not confined to each separate lot; and
WHEREAS the Applicant agreed that it would establish and create for the benefit of Lot EE, which
fronts on Edgewood, a non-exclusive, permanent easement upon, over, under, through and across
certain portions of Lot NM, which fronts on Myrtle, for the installation, upkeep, maintenance, use and
repair and replacement of the sanitary sewer line and any related work (the "Sanitary Sewer
Easement") to be recorded against the Property; and
WHEREAS the Applicant stated that it would establish and create for the benefit of Lot NE, which
fronts on Edgewood, a non-exclusive, permanent easement upon, over, under, through and across
certain portions of Lot EE and Lot NM to provide for the installation, operation, upkeep, maintenance,
use and repair and replacement of the stormwater sewer systems (the "Stormwater Easement"); and
WHEREAS the Proposed Action was considered and discussed at duly noticed meetings of the
Planning Board held on March 13, April 17, June 12, August 14, September 11, 2024, and January 15,
2025; and
WHEREAS the Proposed Action is an unlisted action pursuant to SEQRA and MEQR; and
WHEREAS the Board reviewed and discussed a draft determination of non -significance of the
Proposed Action (the "Negative Declaration") on September 11, 2024; and
WHEREAS, pursuant to SEQRA and MEQR, the Planning Board approved the adoption of the
Negative Declaration dated September 11, 2024, a copy of which was posted in the New York State
Environmental News Bulletin and is on file with the Town Building Department; and
WHEREAS a duly noticed public hearing on the preliminary layout was conducted on September 11,
2024; and
WHEREAS, at the meeting of the Planning Board on September 11, 2024, the Planning Board
conveyed to the Applicant it's tentative conclusion that the preliminary layout is satisfactory pursuant
to Section 190-7 of the Town Subdivision Law; and
WHEREAS Section 190-8(A) of the Town Subdivision Law provides that, before the Board accepts
submission of the final layout of the subdivision plat, the subdivider shall obtain the approval, without
qualification, of the Westchester County Department of Health, Westchester Joint Water Works and
any other agency having jurisdiction over the premises (together, the "Necessary Certifications"); and
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WHEREAS on January 15, 2025, the Town Deputy Engineer confirmed that the Necessary
Certifications have been secured; and
WHEREAS a duly noticed public hearing on the final subdivision plat was held on January15, 2025;
and
WHEREAS the Planning Board hereby finds that the application conforms to the standards and
requirements established by the Subdivision Law and the Tree Law; and
WHEREAS the Planning Board has considered the preliminary subdivision layout and the final
subdivision; the Zoning Compliance Memo, the CZMC Letter, the Environmental Planner's Memo, the
Arborist Report, statements and responses to questions by the Applicant and its representatives; memos,
letters, reports and comments of the Town Engineer, the Town Environmental Planner and the Planning
Board's consultants and counsel, and has heard and read testimony and reviewed other submissions
from interested members of the public.
NOW, THEREFORE, BE IT RESOLVED that the Planning Board hereby adopts Applicant's Tree
Plan, as modified herein, and hereby authorizes the Applicant's application for tree removal, as reflected
in and in conformance with the Plans.
BE IT FURTHER RESOLVED that approval of the final subdivision is hereby GRANTED with
conditions for the subdivision of the Subject Property in accordance with the following:
1. Any development on the new subdivided lot(s) shall require compliance with Chapter 178 of
the Town Code (Residential Site Plan Law).
2. 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.
3. In the event that any subsequent permits or approvals require any modification 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 modification is substantial and,
therefore, must be returned to the Planning Board for its consideration and approval.
4. The Applicant shall arrange a pre -construction meeting with the Town Engineer and Town
Building Inspector prior to any site disturbance.
5. The term "Applicant" is used herein with the intent to impose a future obligation or condition
on the Applicant, as defined above, and on any successor or assign in/of ownership interest of
the Subject Property or any portion thereof.
6. Pursuant to the Tree Law, and prior to the issuance of the tree removal permit, the Applicant
shall pay a fee of $8,100.00 to the Town's Tree Planting Fund.
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7. All tree remov.:1, protection and landscape plantings shall be in compliance with the Plans and
the Tree Law.
8. Prior to issuance of a tree removal permit, the Applicant shall submit to the satisfaction of the
Town Environmental Planner a work plan for tree removal which identifies measures to be taken
to safeguard and protect the adjoining structure during the removal of trees along the property
line.
9. 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, at the expense of the owner
thereof with new plants of comparable size and quality no later than at the beginning of the
next immediately following growing season.
10. 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 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.
11. Applicant shall obtain a Highway Permit prior to making any connection to the Town storm
sewer.
12. To the satisfaction of the Town Engineer, construction details for connection to the Town storm
sewer shall conform to Town Standards.
13. Prior filing the final Subdivision plat in the Westchester County Clerk's office of land records,
the Applicant shall submit to the satisfaction of the Town Engineer, in consultation with the
Planning Board attorney, the finalized Stormwater Easement and Sanitary Sewer Easement.
(a) No Town permits shall be issued until the Applicant submits proof of recording the Stormwater
and Sanitary Easements, as reflected on the final subdivision plat, in the land records of
Westchester County.
14. To the satisfaction of the Town Engineer:
(a) The Applicant shall be required to provide an as -built construction certification to be prepared
by the Applicant's licensed design professional based upon the completed construction of all
underground storm sewer improvements on the property.
(b) Such certification shall be signed and sealed by the certifying design professional and submitted
prior to issuance of certificate of occupancy for the dwellings on lots NE and NM.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
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Motion: To approve the draft resolution prepared by Counsel, as modified, for the residential site plan
of the new lot to be developed, which fronts on Edgewood Avenue, designated NE on the subdivision
plat
Moved by Ron Mandel seconded by Ira Block
Action: Unanimously approved
RESOLUTION
Approval of Residential Site Plan
New Lot to front on Edgewood Avenue (Lot NE)
Town of Mamaroneck, New York
On motion of Ron Mandel, seconded by Ira Block, the residential site plan application of Heather and
Michael Feinman, (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 has applied for residential site plan approval pursuant to Chapter 178 of the
Town of Mamaroneck Town Code (the "Residential Site Plan Law") to construct a single-family house
(the "Proposed Action") at property located at 21 Edgewood Avenue, Town of Mamaroneck, New York
and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123, Lot 30 (the
"Property"); and
WHEREAS the Applicant has also filed a separate application for the subdivision of one lot into three
lots and tree removal pursuant to Chapters 190 and 207, respectively, of the Town Code (the
"Subdivision Law" and "Tree Law" respectively), which was approved on January 15, 2025; and
WHEREAS the Planning Board's determination in connection with the Applicant's final subdivision
plat and tree removal applications shall be set forth in two separate Planning Board resolutions of
concurrent date; and
WHEREAS pursuant to the Proposed Action, (i) the existing house located at 21 Edgewood Avenue
will remain as a separate lot, designated as Lot EE, (ii) there will be a new single-family house
developed on the lot which will front on Edgewood Avenue, designated Lot NE and (iii) there will be
another new single-family house developed on the lot which will front on Myrtle Boulevard, designated
Lot NM; and
WHEREAS this resolution pertains to Lot NE, which fronts on Edgewood Avenue; and
WHEREAS, the Applicant has provided all of the information required by the Residential Site Plan
Law and the application was deemed by the Planning Board to be complete; and
WHEREAS the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld
Engineering Division, (the "Town's Consultinz Engineer") reviewed the following plans submitted in
connection with this application (hereinafter referred to as the "Plans"):
• Topographic Survey prepared for Michael Feinman and Heather Feinman, prepared by TC
Merritts Land Surveyors, dated September 7, 2023, last revised April 3, 2024;
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• Subdivision Plat prepared for Michael Feinman and Heather Feinman, prepared by TC
Merritts Land Surveyors, dated October 10, 2023, last revised November 6, 2024
• Drainage/Utility Plan, prepared by Anthony S. Pisarri, P.E., P.C., dated April 22, 2024, last
revised August 23, 2024;
• Drainage Study For Proposed 3 Lot Subdivision, prepared by Anthony Pisarri, P.E., P.C. dated
June 25, 2024;
• Feinman Residence - Proposed Site Plan, prepared by Bello Architecture, PLLC, dated August
23rd, 2024; and
• Tree Removal Plan, prepared by Stephen Lopez, AICP, RLA, dated February 26, 2024, last
revised May 7th, 2024
• Landscape Plan, prepared by Stephen Lopez, AICP, RLA, dated February 26, 2024, last
revised August 24th, 2024.
WHEREAS the Town Building Inspector issued a memorandum dated September 4, 2024 (the
"Zonint Compliance Memo"), which, based upon review of plans dated August 23, 2024, prepared by
Bello Architects found that all three lots are zoning compliant for properties in an R-6 district; and
WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the Proposed Action at
its meeting on May 20, 2024, and issued a letter to the Planning Board, dated May 24, 2024 (the "CZMC
Letter"), which stated that it found the Proposed Action to be consistent with the Local Waterfront
Revitalization Program ("LWRP") "provided that the existing system in Myrtle Boulevard can handle
the overflow from the new homes without exacerbating the flooding conditions currently experienced
by the residents in the neighborhood"; and
WHEREAS based, in part, on the CZMC Letter, the Planning Board requested the Applicant meet
enhanced stormwater management criteria beyond attenuation of the peak flow from the twenty -five-
year design storm typically required by Town Code, and
WHEREAS at the Planning Board meeting on September 11, 2024, the Town's Consulting Engineer
stated that the Applicant has demonstrated that the proposed on -site stormwater detention systems are
designed to mitigate the rate of runoff from a 100-year design storm to a level below that of the
undeveloped condition; and
WHEREAS the Proposed Action was considered and discussed at duly noticed meetings of the
Planning Board held on March 13, April 17. June 12, August 14, September 11, 2024, October 9,
2024 and January 15, 2025; and
WHEREAS the Proposed Action is an unlisted action pursuant to SEQRA and MEQR; and
WHEREAS the Board reviewed and discussed a draft determination of non -significance of the
Proposed Action (the "Negative Declaration") on September 11, 2024; and
WHEREAS after compliance with notification procedures set forth in Chapter 144, a duly noticed public
hearing on the preliminary layout was conducted on September 11, 2024 and another duly noticed public
hearing on the final subdivision was conducted on January 15, 2025; and
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WHEREAS members of the public expressed concern that temporary parking of construction vehicles
could negatively impact traffic safety on Myrtle Blvd during construction.; and
WHEREAS the Town Engineer recommended that the Applicant be required to identify their
methodology and appropriate safeguards for approval by the Town prior to the issuance of permits; and
WHEREAS on September 11, 2024, the Secretary of the Planning Board stated for the record that any
and all required referrals were made in accordance with the Residential Site Plan Law, the New York
State General Municipal Law and SEQRA and no comments were received; and
WHEREAS, pursuant to SEQRA and MEQR, the Planning Board approved the adoption of the
Negative Declaration dated September 11, 2024, a copy of which is on file with the Town Building
Department; and
WHEREAS the Planning Board finds that the proposed action conforms to the standards and
requirements of the of the Residential Site Plan Law; and
WHEREAS the Planning Board has considered the proposed action, including the herein specified
Plans, comments and responses to questions by the Applicant and its representatives, the Zoning
Compliance Letter, the Environmental Planner's Memo, the Arborist Report, 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
NOW, THEREFORE, BE IT RESOLVED that the Planning Board hereby APPROVES the
Applicant's residential site plan for the Property as reflected in and in conformance with the herein
specified Plans, subject to the terms and conditions enumerated below.
Conditions:
1. All site work, including tree removal, if any, shall be in accordance with the latest revised Plans,
as hereinabove referenced, as conditioned and/or modified in accordance with the direction of
the Planning Board, which modifications were agreed to by the Applicant.
2. The Applicant shall submit the final plans to the Town Building and Engineering Departments
for review and approval prior to the granting of any building permits.
3. Any and all applicable county, state, federal and/or regional permits shall be obtained prior to
the issuance of any Town permits.
4. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require
any modification to the site plan approved by this resolution, a determination shall be made by
the Town Engineer as to whether the modification is material and thus should be further
considered by the Planning Board.
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5. The Applicant will arrange a pre -construction meeting with the Town Building Inspector and
the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all
earthwork and land disturbance to the Town Engineer for approval at least seventy-two (72)
hours (not including weekends and legal holidays) prior to commencing site work. The
Applicant shall notify the Town Building Inspector and Town Engineer at least seventy-two (72)
hours (not including weekends and legal holidays) in advance of any site disturbance to inspect
the installation of erosion and sediment control devices and any other measures intended to
mitigate construction impacts.
6. Work conducted under Town permits shall be open to inspection at any time, including
weekends and legal holidays, by the Town of Mamaroneck Building Inspector, the Town
Engineer, the Town's Consulting Engineer, the Town's Environmental Planner and/or their
designated representative(s).
7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall
be issued until a site plan signed by the Town Engineer is delivered to the Town Building
Inspector.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of the
Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior
HVAC equipment and any generator conform to modern industry standards for sound emission,
and that best practices for sound mitigation have been implemented.
9. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Applicant
shall deliver to the Town Building Department, in a form and size acceptable to the Town
Engineer, on paper and digitally, an "as built" survey, signed and sealed by a New York State
licensed surveyor, including, but not limited to, all constructed improvements, trees, site utilities
and stormwater management structures.
10. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of
Occupancy or Certificate of Completion shall be issued until all of the required conditions of
this approval have been met.
11. The term "Applicant" is used herein with the intent to impose a future obligation or condition
on the Applicant, as defined above, and on any successors or assignees in/of an ownership
interest of the Property or any portion thereof.
12. The Applicant shall address all outstanding technical review comments to the satisfaction of the
Town Engineer prior to the issuance of any Town permits.
13. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to pay to
the Town its actual cost of technical reviews, including, without limitation, consulting fees, prior
to the issuance of any Town permits.
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14. If there is to be any mechanical rock removal on the Property, the Applicant shall comply with
Section 106-58.1 of the Town Code (the Town's mechanical rock removal law) and shall provide
a complete copy of the survey required by that Section to the owner(s) of the applicable surveyed
lot(s) at least ten (10) days before the mechanical rock removal commences.
15. With respect to the importation of fill material and land grading, if any, at least seven (7) days
prior to the importation of any such material, the Applicant shall provide the Town Engineer
with the source of all such material, to the satisfaction of the Town Engineer.
a. Prior to the issuance of a Certificate of Occupancy or Certificate of Completion, the
Applicant shall provide the Town Engineer with trucking manifests for all fill material
imported to the site.
b. All imported fill material shall consist of natural rock or of clean soils meeting the soil
constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10
technical memorandum.
16. 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.
17. Constructions vehicles shall be parked on the Property during construction.
18. All tree removal, protection and landscape plantings shall be in compliance with the Plans and
the Tree Law.
19. To the satisfaction of the Town Engineer:
a. The Applicant shall be required to provide an as -built construction certification to be
prepared by the Applicant's licensed design professional based upon the completed
construction of all underground storm sewer improvements on the property.
b. Prior to the certificate of occupancy for the dwellings on lots NE and NM, the Applicant
shall submit a certification signed and sealed by the certifying design professional.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
Motion: To approve the draft resolution prepared by Counsel as modified for the residential site plan
of the new lot to be developed, which fronts on Myrtle Boulevard, designated as NM on the
subdivision plat
Moved by Ron Mandel seconded by Ira Block
Action: Unanimously approved
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January 15, 2025
RESOLUTION
Approval of Residential Site Plan
New Lot to front on Myrtle Boulevard (Lot NM)
Town of Mamaroneck, New York
On motion of Ron Mandel, seconded by Ira Block, the residential site plan application of Heather and
Michael Feinman, (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 has applied for residential site plan approval pursuant to Chapter 178 of the
Town of Mamaroneck Town Code (the "Residential Site Plan Law") to construct a single-family house
(the "Proposed Action") at property located at 21 Edgewood Avenue, Town of Mamaroneck, New York
and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123, Lot 30 (the
"Property"); and
WHEREAS the Applicant has also filed a separate application for the subdivision of one lot into three
lots and tree removal pursuant to Chapters 190 and 207, respectively, of the Town Code (the
"Subdivision Law" and "Tree Law" respectively), which was approved on January 15, 2025; and
WHEREAS the Planning Board's determination in connection with the Applicant's final subdivision
plat and tree removal applications shall be set forth in two separate Planning Board resolutions of
concurrent date; and
WHEREAS pursuant to the Proposed Action, (i) the existing house located at 21 Edgewood Avenue
will remain as a separate lot, designated as Lot EE, (ii) there will be a new single-family house
developed on the lot which will front on Edgewood Avenue, designated Lot NE and (iii) there will be
another new single-family house developed on the lot which will front on Myrtle Boulevard, designated
Lot NM; and
WHEREAS this resolution pertains to Lot NM, which fronts on Myrtle Boulevard; and
WHEREAS, the Applicant has provided all of the information required by the Residential Site Plan
Law and the application was deemed by the Planning Board to be complete; and
WHEREAS the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld
Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans submitted in
connection with this application (hereinafter referred to as the "Plans"):
• Topographic Survey prepared for Michael Feinman and Heather Feinman, prepared by TC
Merritts Land Surveyors, dated September 7, 2023, last revised April 3, 2024;
• Subdivision Plat prepared for Michael Feinman and Heather Feinman, prepared by TC
Merritts Land Surveyors, dated October 10, 2023, last revised November 6, 2024
• Drainage/Utility Plan, prepared by Anthony S. Pisarri, P.E., P.C., dated April 22, 2024, last
revised August 23, 2024;
• Drainage Study For Proposed 3 Lot Subdivision, prepared by Anthony Pisarri, P.E., P.C. dated
June 25, 2024;
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Planning Board
January 15, 2025
• Feinman Residence — Proposed Site Plan, prepared by Bello Architecture, PLLC, dated August
23rd, 2024; and
• Tree Removal Plan, prepared by Stephen Lopez, AICP, RLA, dated February 26, 2024, last
revised May 7th, 2024
• Landscape Plan, prepared by Stephen Lopez, AICP, RLA, dated February 26, 2024, last
revised August 24th, 2024.
WHEREAS the Town Building Inspector issued a memorandum dated September 4, 2024 (the
"Zoning Compliance Memo"), which, based upon review of plans dated August 23, 2024, prepared by
Bello Architects found that all three lots are zoning compliant for properties in an R-6 district; and
WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the Proposed Action at
its meeting on May 20, 2024, and issued a letter to the Planning Board, dated May 24, 2024 (the "CZMC
Letter"), which stated that it found the Proposed Action to be consistent with the Local Waterfront
Revitalization Program ("LWRP") "provided that the existing system in Myrtle Boulevard can handle
the overflow from the new homes without exacerbating the flooding conditions currently experienced
by the residents in the neighborhood"; and
WHEREAS based, in part, on the CZMC Letter, the Planning Board requested the Applicant meet
enhanced stormwater management criteria beyond attenuation of the peak flow from the twenty -five-
year design storm typically required by Town Code, and
WHEREAS at the Planning Board meeting on September 11, 2024, the Town's Consulting Engineer
stated that the Applicant has demonstrated that the proposed on -site stormwater detention systems are
designed to mitigate the rate of runoff from a 100-year design storm to a level below that of the
undeveloped condition; and
WHEREAS the Proposed Action was considered and discussed at duly noticed meetings of the
Planning Board held on March 13, April 17, June 12, August 14, September 11, 2024, October 9,
2024 and January 15, 2025; and
WHEREAS the Proposed Action is an unlisted action pursuant to SEQRA and MEQR; and
WHEREAS the Board reviewed and discussed a draft determination of non -significance of the
Proposed Action (the "Negative Declaration") on September 11, 2024; and
WHEREAS after compliance with notification procedures set forth in Chapter 144, a duly noticed public
hearing on the preliminary layout was conducted on September 11, 2024 and another duly noticed public
hearing on the final subdivision was conducted on January 15, 2025; and
WHEREAS members of the public expressed concern that temporary parking of construction vehicles
could negatively impact traffic safety on Myrtle Blvd during construction.; and
WHEREAS the Town Engineer recommended that the Applicant be required to identify their
methodology and appropriate safeguards for approval by the Town prior to the issuance of permits; and
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Planning Board
January 15, 2025
WHEREAS on September 11, 2024, the Secretary of the Planning Board stated for the record that any
and all required referrals were made in accordance with the Residential Site Plan Law, the New York
State General Municipal Law and SEQRA and no comments were received; and
WHEREAS, pursuant to SEQRA and MEQR, the Planning Board approved the adoption of the
Negative Declaration dated September 11, 2024, a copy of which is on file with the Town Building
Department; and
WHEREAS the Planning Board finds that the proposed action conforms to the standards and
requirements of the of the Residential Site Plan Law; and
WHEREAS the Planning Board has considered the proposed action, including the herein specified
Plans, comments and responses to questions by the Applicant and its representatives, the Zoning
Compliance Letter, the Environmental Planner's Memo, the Arborist Report, 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
NOW, THEREFORE, BE IT RESOLVED that the Planning Board hereby APPROVES the
Applicant's residential site plan for the Property as reflected in and in conformance with the herein
specified Plans, subject to the terms and conditions enumerated below.
Conditions:
1. All site work, including tree removal, if any, shall be in accordance with the latest revised Plans,
as hereinabove referenced, as conditioned and/or modified in accordance with the direction of
the Planning Board, which modifications were agreed to by the Applicant.
2. The Applicant shall submit the final plans to the Town Building and Engineering Departments
for review and approval prior to the granting of any building permits.
3. Any and all applicable county, state, federal and/or regional permits shall be obtained prior to
the issuance of any Town permits.
4. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require
any modification to the site plan approved by this resolution, a determination shall be made by
the Town Engineer as to whether the modification is material and thus should be further
considered by the Planning Board.
5. The Applicant will arrange a pre -construction meeting with the Town Building Inspector and
the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all
earthwork and land disturbance to the Town Engineer for approval at least seventy-two (72)
hours (not including weekends and legal holidays) prior to commencing site work. The
Applicant shall notify the Town Building Inspector and Town Engineer at least seventy-two (72)
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Planning Board
January 15, 2025
hours (not including weekends and legal holidays) in advance of any site disturbance to inspect
the installation of erosion and sediment control devices and any other measures intended to
mitigate construction impacts.
6. Work conducted under Town permits shall be open to inspection at any time, including
weekends and legal holidays, by the Town of Mamaroneck Building Inspector, the Town
Engineer, the Town's Consulting Engineer, the Town's Environmental Planner and/or their
designated representative(s).
7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall
be issued until a site plan signed by the Town Engineer is delivered to the Town Building
Inspector.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of the
Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior
HVAC equipment and any generator conform to modern industry standards for sound emission,
and that best practices for sound mitigation have been implemented.
9. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Applicant
shall deliver to the Town Building Department, in a form and size acceptable to the Town
Engineer, on paper and digitally, an "as built" survey, signed and sealed by a New York State
licensed surveyor, including, but not limited to, all constructed improvements, trees, site utilities
and stormwater management structures.
10. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of
Occupancy or Certificate of Completion shall be issued until all of the required conditions of
this approval have been met.
11. The term "Applicant" is used herein with the intent to impose a future obligation or condition
on the Applicant, as defined above, and on any successors or assignees in/of an ownership
interest of the Property or any portion thereof.
12. The Applicant shall address all outstanding technical review comments to the satisfaction of the
Town Engineer prior to the issuance of any Town permits.
13. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to pay to
the Town its actual cost of technical reviews, including, without limitation, consulting fees, prior
to the issuance of any Town permits.
14. If there is to be any mechanical rock removal on the Property, the Applicant shall comply with
Section 106-58.1 of the Town Code (the Town's mechanical rock removal law) and shall provide
a complete copy of the survey required by that Section to the owner(s) of the applicable surveyed
lot(s) at least ten (10) days before the mechanical rock removal commences.
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Planning Board
January 15, 2025
15. With respect to the importation of fill material and land grading, if any, at least seven (7) days
prior to the importation of any such material, the Applicant shall provide the Town Engineer
with the source of all such material, to the satisfaction of the Town Engineer.
a. Prior to the issuance of a Certificate of Occupancy or Certificate of Completion, the
Applicant shall provide the Town Engineer with trucking manifests for all fill material
imported to the site.
b. All imported fill material shall consist of natural rock or of clean soils meeting the soil
constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10
technical memorandum.
16. 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.
17. Constructions vehicles shall be parked on the Property during construction.
18. All tree removal, protection and landscape plantings shall be in compliance with the Plans and
the Tree Law.
19. To the satisfaction of the Town Engineer:
a. The Applicant shall be required to provide an as -built construction certification to be
prepared by the Applicant's licensed design professional based upon the completed
construction of all underground storm sewer improvements on the property.
b. Prior to the certificate of occupancy for the dwellings on lots NE and NM, the Applicant
shall submit a certification signed and sealed by the certifying design professional.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
Application #2 - 6 Dimitri Place - Vikrant Yadav- Residential Site Plan — Public Hearing
Vikrant Yadav, homeowner, was present to address the Planning Board.
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 Edmund Papazian seconded by Ron Mandel
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Planning Board
January 15, 2025
Action: Unanimously approved
The Planning Board and staff discussed the application and the draft resolution prepared by Counsel.
Motion: To approve the draft resolution prepared by Counsel, as modified, for the residential site plan
Moved by Elizabeth Cooney seconded by Ira Block
Action: Unanimously approved
RESOLUTION
Approval of Residential Site Plan
6 Dimitri Place
Town of Mamaroneck, New York
On motion of Elizabeth Cooney, seconded by Ira Block, the residential site plan application of Vikrant
Yadav, (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the
"Plannin,2 Board") upon the following resolution, which was adopted by a vote of 5 to 0, with no
abstentions:
WHEREAS the Applicant has applied for residential site plan approval pursuant to Chapter 178 of the
Town of Mamaroneck Town Code (the "Residential Site Plan Law") to construct a single-family house
at property located at 6 Dimitri Place, Town of Mamaroneck, New York and known on the Tax
Assessment Map of the Town of Mamaroneck as Section 1, Block 21, Lot 528 (the "Property"); and
WHEREAS the Applicant has provided all of the information required by the Residential Site Plan
Law and the application was deemed by the Planning Board to be complete; and
WHEREAS on January 15, 2025, the Secretary of the Planning Board stated for the record that any and
all required referrals were made in accordance with the Residential Site Plan Law and the New York
State General Municipal Law; and
WHEREAS the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld
Engineering Division, (the "Town's Consulting Engineer") reviewed the following plans submitted in
connection with the proposed action (hereinafter referred to as the "Plans"):
• Topographic Survey, prepared by Ronald Persaud, LS, PC, dated 6/30/2023, not signed/sealed
• Plan set entitled "New 2-1/2 Story Dwelling", prepared by The Room Architects, LLC, last dated
6/3/2024
• Plan set entitled "Proposed Single Family Dwelling", prepared by Hudson Engineering &
Consulting P.C., last dated 12/23/24
• Stormwater Management Plan & Drainage Analysis, prepared by Hudson Engineering &
Consulting P.C., last dated 4/2/2024
• Proposed Landscape Plan, prepared by Brook Farm Group Landscape Architecture, dated
12/30/24
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Planning Board
January 15, 2025
WHEREAS the Town Building Inspector issued a memorandum, dated November 1, 2024 (the "Zoning
Compliance Memo"), which stated: "After a review of the plans dated October 14, 2024 prepared by
Hudson Engineering for a proposed single-family dwelling at 6 Dimitri Place, I found that the plan is
not zoning compliant with the Code of the Town of Mamaroneck chapter 240 for a property in an R-6
zoning District. However, the applicant applied for and received an area variance from the Town's
Zoning Board of Appeals for 38.8% lot coverage where 35% is permitted per 240-39F of the Code of
the Town of Mamaroneck"; and
WHEREAS the Coastal Zone Management Commission ("CZMC") reviewed the proposed action at
its meeting on November 25, 2024, and issued a letter to the Planning Board, dated December 6, 2024
(the "CZMC Letter"); and
WHEREAS the CZMC Letter stated: "Due to the high ground water levels, CZMC recommended
adequate waterproofing of the foundation and inclusion of a backup generator to operate sump pumps
in the event of power loss "; and
WHEREAS, the applicant stated at the December 11, 2024 Planning Board meeting that no generator
is proposed but that the sump pump system includes a backup battery; and
WHEREAS, the Town Engineer stated at the January 15, 2025 Planning Board meeting that
foundation waterproofing would be shown on construction details and reviewed at the Building Permit
phase; and
WHEREAS the CZMC Letter further stated: "CZMC requested that additional information on the area
storm water system and easement (located along the west side of the property) be sent to Elizabeth
Aitchison [the Town Environmental Planner]. She is concerned that any trees planted within the
easement could potentially damage the stormwater pipe"; and
WHEREAS the CZMC Letter concluded: "With these concerns addressed, CZMC finds the proposed
action to be consistent with the policies in the Local Waterfront Revitalization Program"; and
WHEREAS the Planning Board finds that the proposed action conforms to the standards and
requirements of the of the Residential Site Plan Law; and
WHEREAS after compliance with notification procedures set forth in Chapter 144 of the Town Code,
the Planning Board held a duly noticed public hearing on January 15, 2024; and
WHEREAS the Planning Board has considered the proposed action, including the herein specified
Plans, comments and responses to questions by the Applicant and its representatives, the Zoning
Compliance Letter, the CZMC Letter, the reports and comments of its staff and consultants, including
the Town's Environmental Planner and the Town's Consulting Engineer, and heard and considered
comments from interested members of the public; and
WHEREAS this is a Type II action having no significant impact on the environment pursuant to the New
York State Environmental Quality Review Act, 6 NYCRR§ 617 et seq. and §92-8.A(22) of the Town of
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Planning Board
January 15, 2025
Mamaroneck Environmental Quality Review Law and, accordingly, no further environmental review is
required.
NOW, THEREFORE, BE IT RESOLVED that the Planning Board hereby APPROVES the
Applicant's residential site plan for the Property as reflected in and in conformance with the herein
specified Plans, subject to the terms and conditions enumerated below.
Conditions:
1. All site work, including tree removal, if any, shall be in accordance with the latest revised Plans, as
hereinabove referenced, as conditioned and/or modified in accordance with the direction of the
Planning Board, which modifications were agreed to by the Applicant.
2. The Applicant shall submit the final plans to the Town Building and Engineering Departments for
review and approval prior to the granting of any building permits.
3. Any and all applicable county, state, federal and/or regional permits shall be obtained prior to the
issuance of any Town permits.
4. Pursuant to Section 178-16 of the Town Code, in the event that subsequent events may require any
modification to the site plan approved by this resolution, a determination shall be made by the Town
Engineer as to whether the modification is material and thus should be further considered by the
Planning Board.
5 The Applicant will arrange a pre -construction meeting with the Town Building Inspector and the
Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all
earthwork and land disturbance to the Town Engineer for approval at least seventy-two (72) hours
(not including weekends and legal holidays) prior to commencing site work. The Applicant shall
notify the Town Building Inspector and Town Engineer at least seventy-two (72) hours (not
including weekends and legal holidays) in advance of any site disturbance to inspect the installation
of erosion and sediment control devices and any other measures intended to mitigate construction
impacts.
6. Work conducted under Town permits shall be open to inspection at any time, including weekends
and legal holidays, by the Town of Mamaroneck Building Inspector, the Town Engineer, the Town's
Consulting Engineer, the Town's Environmental Planner and/or their designated representative(s).
7. In accordance with Section 178-17.A of the Residential Site Plan Law, no building permit shall be
issued until a site plan signed by the Town Engineer is delivered to the Town Building Inspector.
8. Prior to the issuance of a building permit, the Applicant shall demonstrate to the satisfaction of the
Town Engineer, in consultation with the Town Building Inspector, that all proposed exterior HVAC
equipment and any generator conform to modern industry standards for sound emission, and that best
practices for sound mitigation have been implemented.
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Planning Board
January 15, 2025
9. Prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Applicant
shall deliver to the Town Building Department, in a form and size acceptable to the Town Engineer,
on paper and digitally, an "as built" survey, signed and sealed by a New York State licensed
surveyor, including, but not limited to, all constructed improvements, trees, site utilities and
stormwater management structures.
10. In accordance with Section 178-17.B of the Residential Site Plan Law, no Certificate of Occupancy
or Certificate of Completion shall be issued until all of the required conditions of this approval have
been met.
11. The term "Applicant" is used herein with the intent to impose a future obligation or condition on
the Applicant, as defined above, and on any successors or assignees in/of an ownership interest of
the Property or any portion thereof.
12. The Applicant shall address all outstanding technical review comments to the satisfaction of the
Town Engineer prior to the issuance of any Town permits.
13. In accordance with Section 178-14 of the Town Code, the Applicant shall be required to pay to the
Town its actual cost of technical reviews, including, without limitation, consulting fees, prior to the
issuance of any Town permits.
14. If there is to be any mechanical rock removal on the Property, the Applicant shall comply with
Section 106-58.1 of the Town Code (the Town's mechanical rock removal law) and shall provide
a complete copy of the survey required by that Section to the owner(s) of the applicable surveyed
lot(s) at least ten (10) days before the mechanical rock removal commences.
15. With respect to the importation of fill material and land grading, if any, at least seven (7) days prior
to the importation of any such material, the Applicant shall provide the Town Engineer with the
source of all such material, to the satisfaction of the Town Engineer.
a) Prior to the issuance of a Certificate of Occupancy or Certificate of Completion, the Applicant
shall provide the Town Engineer with trucking manifests for all fill material imported to the site.
b) All imported fill material shall consist of natural rock or of clean soils meeting the soil
constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10 technical
memorandum.
16. Prior to issuance of a building permit and to the satisfaction of the Town Building Inspector, the
Applicant shall submit construction details showing foundation waterproofing.
17. Prior to the issuance of the building permit, the Applicant shall submit additional information on
the area storm water system and easement (located along the west side of the Property) to
demonstrate to the satisfaction of the Town Environmental Planner and the Town Engineer that
that the stormwater pipe will not be damaged as a result of any trees planted within the easement.
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Planning Board
January 15, 2025
18. Prior to the issuance of any Town permits, the Applicant shall submit to the Building Department
a signed and sealed Landscape Plan, prepared by Brook Farm Group Landscape Architecture.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk.
Application #3 - 851 Fenimore Road - Winged Foot Holding Corp. - Site Plan, Wetlands &
Watercourses Permit — Continued Public Hearing
The public hearing was opened at the November 13th Planning Board meeting and remains open.
Joseph Cermele, P.E., CFM, engineer, was present on behalf of the applicant and stated that they had
nothing new to present.
Mr. Cermele and members of the Planning Board discussed water retention plans and runoff from the
site.
Jenny Geer of 871 Fenimore Road expressed concerns about flooding.
Cindy Stadtmauer of 22 Fenbrook Drive expressed concerns about flooding. Her written statements
received January 14, 2025, have been entered into the record.
Motion: To adopt the negative declaration dated January 15, 2025
Moved by Edmund Papazian seconded by Elizabeth Cooney
Action: Unanimously approved
A copy of the negative declaration is on file in the Building Department.
Guillermo Bilbao of 871 Fenimore Road expressed concerns about flooding and water runoff. His
written statement dated January 14, 2025, has been entered into the record.
The Planning Board and staff discussed draft resolutions prepared by Counsel.
Motion: To close the public hearing
Moved by Elizabeth Cooney seconded by Edmund Papazian
Action: Unanimously approved
Motion: To approve the draft resolution prepared by Counsel as modified for site plan and tree
removal permit
Moved by Edmund Papazian seconded by Elizabeth Cooney
Action: Unanimously approved
RESOLUTION
Site Plan Amendment and Tree Removal
Winged Foot Golf Club
851 Fenimore Road, Town of Mamaroneck
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Planning Board
January 15, 2025
On motion of Edmund Papazian, seconded by Elizabeth Cooney, the site plan amendment and tree
removal applications of Winged Foot Golf Club, Inc. (the "Applicant") was APPROVED by the
Town of Mamaroneck (the "Town") Planning Board (the "Planning Board") upon the following
resolution, which was adopted by a vote of 5 to 0, with no abstentions:
WHEREAS the subject property is located at 851 Fenimore Road and known on the Tax Assessment
map of the Town of Mamaroneck as Parcel Number 3-47-1.1 (the "Property") in the Recreation District;
and
WHEREAS the Applicant proposes to dredge and expand the upper irrigation pond on the Property
(the "Proposed Action") pursuant to Chapters 114, 177 and 207 of the Town Code of the Town of
Mamaroneck (the "Town Code"); and
WHEREAS the goal of the Proposed Action is to store as much water as possible on site and reduce
the Applicant's dependency on municipal water for the purpose of irrigation; and
WHEREAS this Proposed Action requires Planning Board approval to amend a site plan and
authorizing removal of 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 wetlands and watercourses
permit pursuant to Chapter 114 of the Town Code (the "Wetlands and Watercourses Permit"); and
WHEREAS the Planning Board's determination in connection with the Applicant's Wetlands and
Watercourses Permit shall be set forth in a separate Planning Board resolution 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
WHEREAS the Applicant has provided all information required by the Site Plan Law and the Tree
Law and both applications were deemed by the Planning Board to be complete; and
WHEREAS the Planning Board Chair stated at the January 15th Planning Board meeting that the
Applicant proposes to plant far more trees than the number of trees proposed to be removed; and
WHEREAS the Planning Board Chair further stated that two of the replacement trees are substantially
larger than required by the Tree Law; and
WHEREAS the Planning Board discussed the Applicant's proposed tree removal and tree replacement
plan (the "Applicant's Tree Plan") and determined it to be acceptable; and
WHEREAS the Planning Board further determined that the Applicant shall not be required to make a
contribution to the Town's Tree Fund; and
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Planning Board
January 15, 2025
WHEREAS the Town's Building Inspector issued a memo to the Planning Board dated September
30, 2024, which stated that the plan dated May 22, 2024 prepared by Weston & Sampson is zoning
compliant (the "Zoninu Compliance Memo"); and
WHEREAS the proposed action is an unlisted action pursuant to the New York State Environmental
Quality Review Act ("SEQRA") but, due to its proximity to a "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 ("MEOR"); and
WHEREAS the Applicant submitted, and the Planning Board, staff and consultants reviewed the
following plans (the "Plans"); and
• Plan set entitled Irrigation Pond Dredge and Expansion, Material Storage and Retaining Wall
Plan (the "Pond Dredge and Expansion Plan"), prepared by KSCJ Consulting, dated
9/12/2024, last revised 11/22/2024
• Erosion and Sediment Control Plan Report, for Irrigation Pond Dredge Winged Foot Golf
Club, prepared by KSCJ Consulting, dated 9/2024
• Addendum to the Erosion and Sediment Control Plan Report, for Irrigation Pond Dredge and
Expansion Winged Foot Golf Club, prepared by KSCJ Consulting, dated 11/2024
• Sediment -Quality Assessment, prepared by Weston & Sampson, dated 2/14/2024 (the
"Sediment Quality Assessment")
• Wetland Impact Evaluation, prepared by KSCJ Consulting, dated 9/2024 (the "Wetland
Impact Evaluation")
WHEREAS at the January 15th Planning Board meeting, the Board discussed concerns expressed by
neighbors about drainage and runoff; and
WHEREAS at the January 15th Planning Board meeting, the Town Consulting Engineer stated that the
Applicant demonstrated that IOW can provide flood storage up to the 500-year storm event with no
change in discharge from the site; and
WHEREAS at the January 15th Planning Board meeting, the Town's Consulting Engineer and Town
Deputy Engineer stated that all of their outstanding comments on the Plans have been satisfactorily
addressed either by modifications to the Plans or as conditions of approval; and
WHEREAS the Planning Board Secretary confirmed that all referrals required by SEQRA, the Town
Code and the New York State General Municipal Law were timely made; and
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
October 28, 2024 and issued a letter to the Planning Board, dated November 5, 2024 (the "CZMC
Letter"), stating that the Applicant's proposal is consistent with the policies of the Local Waterfront
Revitalization Program; and
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Planning Board
January 15, 2025
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 any/all involved and/or interested agencies and based upon such information, and in consultation
with the Town Environmental Planner, completed Part 2 of the Full EAF; and
WHEREAS according to Part 1 of the EAF and the SEQRA regulations (6 NYCRR Part 617), there
are no other "involved" agencies and therefore coordinated review is not required; and
WHEREAS the Town Environmental Planner submitted to the Planning Board a draft of Part 3 of the
Full EAF, which proposes a determination of non -significance, also known as a negative declaration
(the "Negative Declaration"); and
WHEREAS the Planning Board reviewed and discussed draft the Negative Declaration prepared by
the Environmental Planner; 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 was continued on December 11, 2024 and January 15, 2025 and closed on January 15, 2024; and
WHEREAS the Planning Board hereby finds 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, the Planning Board has considered the Proposed Action, the Applicant Submissions,
comments and responses to questions by the Applicant and its representatives, the Zoning Compliance
Memo, the CZMC Letter, the Environmental Planner's Memo, memos from the Consulting Engineer
as well as comments generated by the Town's staff and other consultants, and heard and read comments
from interested members of the public; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby APPROVES the
authorization of a determination of non -significance (the "Negative Declaration") dated January 15,
2025, a copy of which was published in the New York State Environmental news Bulletin and will be
kept on file with the Town Building Department.
BE IT FURTHER RESOLVED that the Planning Board hereby adopts the Applicant's Tree Plan and
hereby authorizes 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
amendment for the Property as reflected in and in conformance with the Plans, subject to the terms and
conditions enumerated below:
1. All site work shall be in accordance with the latest revised Plans, as conditioned and/or modified
in accordance with the direction of the Planning Board, which modifications were agreed to by
the Applicant.
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Planning Board
January 15, 2025
2. Any and all applicable county, state and regional permits shall be obtained prior to the issuance
of any not -yet -issued Town permits.
3. In the event that subsequent events may require any modification to the site plan as approved by
this resolution, a determination shall be made by the Town Engineer as to whether the
modification is substantial and should be further considered by the Planning Board.
4. 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.
5. 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 and the Town
Environmental Planner or their designated representative(s).
6. All permits shall be maintained and prominently displayed at the project site during the
undertaking of the activities authorized by the permits.
7. Prior to the issuance of a letter of completion, the Applicant shall deliver to the Town
Engineer, in a form and size acceptable to him, on paper and digitally, an as -built plan
showing the entire Property, on which all improvements shall be shown and identified, and on
which each golf course hole number shall be marked.
8. No letter of completion shall be issued until all of the required conditions of this approval have
been met.
9. The term "Applicant" is used herein with the intent to impose a future obligation or condition
and shall include the Applicant, as defined above, and any successors or assignees in/of an
ownership interests in the Property or any portion thereof.
10. The Site Plan drawing shall include an endorsement block for the Planning Board Secretary in
accordance with § 177-14, including the following statement "Approved by Resolution of the
Planning Board dated January 15, 2025."
11. Prior to the issuance of Town permits, the Applicant shall be required to pay to the Town its
actual cost of technical reviews, including, without limitation, consulting fees.
12. All tree removal, protection and landscape plantings shall be in compliance with the approved
Plans and Chapter 207 of the Town Code (Trees), to the satisfaction of the Town
Environmental Planner.
13. Prior to the issuance of any Town permits, and to the satisfaction of the Town Engineer,
Applicant shall provide documentation of having obtained permit coverage under the
NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity.
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Planning Board
January 15, 2025
14. Prior to the issuance of any Town permits, and to the satisfaction of the Town Engineer in
consultation with the Town's Consulting Engineer, the Applicant shall provide a finalized
Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of the
NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity.
15. Upon completion of site work and establishment of final stabilization, and prior to the issuance
of a Town certificate of completion, the Applicant shall provide documentation of having filed
Notice of Termination for project coverage under NYSDEC SPDES General Permit,
16. All proposed 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.
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 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.
18. As reflected on the Plans, the Applicant shall maintain the bermed and wooded areas on the
Property to the west of the materials storage area.
19. Prior to the issuance of a certificate of completion, the Applicant shall remove the abandoned
pipe located outside of the materials storage area on the Property.
This decision is hereby certified as true and correct and shall be filed with the Town Clerk
Motion: To approve the draft resolution prepared by Counsel as modified for wetlands and
watercourses permit
Moved by Ron Mandel seconded by Elizabeth Cooney
Action: Unanimously approved
RESOLUTION
WETLANDS & WATERCOURSES PERMIT
Winged Foot Golf Club
851 Fenimore Road, Town of Mamaroneck
On motion of Ron Mandel, seconded by Elizabeth Cooney, the wetlands and watercourses permit of
Winged Foot Golf Club, Inc. (the "Applicant") was APPROVED by the Town of Mamaroneck (the
"Town") Planning Board (the "Planning,: Board") upon the following resolution, which was adopted
by a vote of 5 to 0, with no abstentions:
WHEREAS the subject property is located at 851 Fenimore Road and known on the Tax Assessment
map of the Town of Mamaroneck as Parcel Number 3-47-1.1 (the "Property") in the Recreation District;
and
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Planning Board
January 15, 2025
WHEREAS the Applicant proposes to dredge and enlarge the upper irrigation pond on the Property
(the "Proposed Action"), which requires Planning Board approval of a wetlands and watercourses
permit pursuant to Chapter 114 of the Town Code (the "Wetlands and Watercourses Permit"); and
WHEREAS the Proposed Action also requires Planning Board approval of to amend 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 Planning Board's determination in connection with the Applicant's site plan
amendment and tree removal applications shall be set forth in a separate Planning Board resolution of
concurrent date; and
WHEREAS the goal of the Proposed Action is to store as much water as possible on site and reduce
the Applicant's dependency on municipal water for the purpose of irrigation; and
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
October 28, 2024 and issued a letter to the Planning Board, dated November 5, 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 proposed action is an unlisted action pursuant to the New York State Environmental
Quality Review Act ("SEQRA") 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 ("MEOR"); and
WHEREAS the Planning Board Secretary confirmed that all referrals required by SEQRA, the Town
Code and the New York State General Municipal Law were timely made; and
WHEREAS, the Town Engineer, the Town Building Inspector and AI Engineers, Inc., Dolph Rotfeld
Engineering Division, (the "Town's Consulting„; Engineer") reviewed the following plans (hereinafter
referred to as the "Plans"):
• Plan set entitled Irrigation Pond Dredge and Expansion, Material Storage and Retaining Wall
Plan (the "Pond Dredge and Expansion Plan"), prepared by KSCJ Consulting, dated
9/12/2024, last revised 11/22/2024
• Erosion and Sediment Control Plan Report, for Irrigation Pond Dredge Winged Foot Golf
Club, prepared by KSCJ Consulting, dated 9/2024
• Addendum to the Erosion and Sediment Control Plan Report, for Irrigation Pond Dredge and
Expansion Winged Foot Golf Club, prepared by KSCJ Consulting, dated 11/2024
• Sediment -Quality Assessment, prepared by Weston & Sampson, dated 2/14/2024 (the
"Sediment Quality Assessment")
• Wetland Impact Evaluation, prepared by KSCJ Consulting, dated 9/2024 (the "Wetland
Impact Evaluation")
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Planning Board
January 15, 2025
WHEREAS based upon review of the Plans, the Town's Consulting Engineer submitted memos to
the Planning Board dated October 8, November 11 and December 5, 2024 (collectively, the "Town's
Consulting Engineer Memos")
WHEREAS the Applicant submitted written correspondence from the Army Corps of Engineers
ACOE) dated September 15, 2023 which stated that no federal permits are required provided that
dredged material is not placed in areas designated as a wetlands or watercourse; and
WHEREAS the Applicant submitted written correspondence from New York State Department of
Environmental Conservation (NYSDEC) dated July 26, 2023 which stated that the material to be
excavated to enlarge the pond and the sediments removed to re -contour the existing pond are
conditionally exempt from 6 NYCRR Part 360 series solid waste regulations; and
WHEREAS the Town's Consulting Engineer Memo dated October 8, 2024 stated: "Correspondence
with the 1VYSDEC and ACOE confirms that separate permitting with each agency is not required;
however NYSDEC recommends capping of dredged materials used as fill with a minimum 12" of
clean top soil. ACOE further stipulates that as long as a bucket excavator is utilized, there is no
jurisdiction asserted by ACOE"; and
WHEREAS the Town's Consulting Engineer Memo dated October 8, 2024 further stated that
coverage under NYSDEC SPDES General Permit for Stormwater Discharges from Construction
Activity is required due to the area exceeding 1 acre; and
WHEREAS the Consulting Engineer recommended that a professional engineer conduct project
oversight and certify that the dredging operation and fill placement be in conformance with NYSDEC
and ACOE recommendations; and
WHEREAS the Applicant stated that it would remove an abandoned pipe located outside of the
materials storage area on the Property; and
WHEREAS at the January 15th Planning Board meeting, the Board discussed concerns expressed by
neighbors about drainage and runoff; and
WHEREAS at the January 15th Planning Board meeting, the Town Consulting Engineer stated that the
Applicant demonstrated that 10W can provide flood storage up to the 500-year storm event with no
change in discharge from the site; and
WHEREAS at the January 15th Planning Board meeting, the Town's Consulting Engineer and Town
Deputy Engineer stated that all of their outstanding comments on the Plans have been satisfactorily
addressed either by modifications to the Plans or 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 any/all involved and interested agencies and/or based upon such information, and in consultation
with the Town Environmental Planner, completed Part 2 of the Full EAF; and
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Planning Board
January 15, 2025
WHEREAS according to Part 1 of the EAF and the SEQRA regulations (6 NYCRR Part 617), there
are no other "involved" agencies and therefore coordinated review is not required; 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 -significance, also known as a negative
declaration (the "Netative Declaration"); and
WHEREAS after review and discussion, the Planning Board approved the authorization of the Negative
Declaration dated January 15, 2025, reflected in the approval of the Applicant's site plan and tree
removal applications,
WHEREAS a copy of the Negative Declaration was published in the New York State Environmental
News Bulletin and will be kept on file with the Town Building Department; 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 was continued on December 11, 2024 and January 15, 2025 and closed on January 15, 2025; 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 has reviewed the CZMC Letter, the Town's Consulting Engineer Memos, the
Wetland Impact Evaluation and the Plans.
II. all relevant facts and circumstances pertaining to the Proposed Action, including but
not limited to:
a. any potential environmental impact of the Proposed Action:
The Planning Board finds that the entire area of the Proposed Action is within previously disturbed
and active maintenance areas of the Property, and, except for the pond dredge, no other disturbances
nor improvements are proposed within regulated wetlands or watercourses or their respective buffer
areas. Further, the Planning Board notes that because the pond is manmade and the banks are lined
with riprap, no existing vegetated buffer will be disturbed, except for two trees, that will be replaced
with two, large -caliper trees.
The Planning Board further notes that, as recommended in the Sediment Quality Analysis and the
Town's Consulting Engineer Memo dated October 8, 2024, the Plans reflect that the dredge spoils
disposed on -site will be capped with a minimum of 12 inches ofgeneral fill.
b. the alternatives to the Proposed Action:
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Planning Board
January 15, 2025
The Planning Board determines that since the goal of the Proposed Action is to store as much water
as possible on the Property and reduce the Applicant's dependency on municipal water for the
purpose of irrigation, the best viable option is to dredge and enlarge the upper irrigation pond on the
Property. As recommended by the Town's Consulting Engineer, the Planning Board further finds that
it is acceptable to reuse the dredged spoils onsite pursuant to the Plans.
c. the impact of the Proposed Action on wetland functions and the benefits as set forth in
§114-1 of the Town Code:
The Planning Board finds that there will be no interference with wetland functions or diminishment of
wetland benefits for the. following reasons:
1. The only added impervious surface will be a retaining wall on the west side of the Property,
outside the wetlands/watercourses and their respective buffer areas.
2. The Applicant has submitted to the Town a SWPPP to demonstrate that proper erosion and
sediment control measures will be in place during disturbance.
3. As a condition of approval, the Applicant will be required to retain a professional engineer to
conduct project oversight and certify that the dredging operation and fill placement is in conformance
with NYSDEC and ACOE requirements, regulations and recommendations.
III. The availability of preferable alternative locations for the Proposed Action on the subject
parcel:
The Planning Board finds that there is no reasonable alternative location for the Proposed Action
because the location of the pond and the historic location of the golf holes are fixed. The Planning
Board further finds that the Proposed Action is limited to areas of the course that have already been
disturbed and will minimize disturbances to other areas of the Property.
The Planning Board .further finds that no dredged material will be placed in areas designated as
wetlands or watercourses or their respective buffer areas.
The Planning Board further finds that the proposed regrading of Holes 4 East and 10 West will be
accomplished in such a way that the existing aesthetics and historic views of the course will be
maintained and not result in a stark visual contrast to current conditions.
The Planning Board further finds that the open maintenance area on the west side of the Property will
be improved with construction of a retaining wall which will provide a contained area for storage of
sand and other materials used for golf course maintenance. In addition, the Planning Board finds
that a significant number of evergreens will be planted on the embankment to provide a green
screening for the adjacent property owners, improved visual privacy and noise mitigation.
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Planning Board
January 15, 2025
IV. the availability of further technical improvements or safeguards that could feasibly be added
to the proposal:
The Planning Board notes that the Applicant's Plans show as follows:
1. Soils will be dewatered on site and then transported to proposed grading sites for appropriate
reuse.
2. Dredge equipment will be outfitted with biodegradable hydraulic oil and low ground pressure
equipment.
3. A sediment trap will be installed at the material storage area to collect sediment and debris to
prevent downgradient and off -site transport of sediment.
4. The dredge operation will be accomplished with mechanical dredge equipment, i.e., bucket
excavator such that there will be no pushing or dragging of sediment.
Therefore, the Planning Board determines that the Proposed Action employs state-of-the-art methods
and materials which will improve the overall function of the wetlands and watercourses and enhance
the aesthetics of the maintenance area for adjacent neighbors.
V. the possibility of avoiding reduction of the wetlands' or watercourse's natural capacity to
support desirable biological life, prevent flooding, control sedimentation and/or prevent
erosion, facilitate drainage, and provide recreation and open space;
The Planning Board finds as follows:
1. The storage capacity of the upper pond will be increased to prevent flooding, promote irrigation
and enhance the use of the golf course for recreation.
2. The SWPPP demonstrates that proper sedimentation and erosion control measures will be
employed.
3. Fish and wildlife will be temporarily located to the lower pond and then safely returned to the
upper pond upon completion of the project. As indicated on the Pond Dredge and Expansion Plan, the
Applicant will utilize a pond management company to ensure safe capture and transfer offish and
wildlife.
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:
The Planning Board determines that:
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Planning Board
January 15, 2025
1. The dredge of the irrigation pond will enable continued, proper operation of the Property's
irrigation system.
2. The proposal to expand the pond volume will directly benefit the golf course through collection,
recycle and reuse of stormwater runoff
3. The Proposed Action will reduce the demand on the municipal public water supply system.
4. Adjacent property owners will enjoy more screening and better noise mitigation while allowing
improved continued use of the storage area for the golf club.
5. There will be no degradation of wetlands or water quality and, as a result, no impairment or
endangerment to the public health, safety or welfare is expected.
WHEREAS, the Planning Board has considered the Applicant's Plans and submissions, including,
without limitation, the Wetland Impact Evaluation; Sediment Quality Assessment, comments and
responses to questions by the Applicant and its representatives; the memos, letters, reports and
comments of the Town Engineer, the Town Building Inspector, the Town Environmental Planner, the
Town's Consulting Engineer and the CZMC, and has heard and considered the comments of any
interested members of the public.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby finds, pursuant to § 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 of the Town of Mamaroneck, as set
forth in §114-1, and that the action to be taken will minimize all adverse effects on such policy to the
maximum extent practicable:
• To preserve, protect and conserve the Town's tidal and freshwater wetlands and watercourses;
to prevent despoliation and destruction; to regulate their use and development; and to secure the
natural benefits of wetlands and watercourses that is consistent with the general welfare and
beneficial economic and social development of the town; and
• To ensure maximum protection for wetlands and watercourses by discouraging degradation
within them and within their buffers that may adversely affect these natural resources; to
encourage restoration of already degraded or destroyed wetlands, watercourse and buffers; and
to ensure "no net loss" of wetlands and watercourse areas.
BE IT FURTHER RESOLVED, that the Planning Board GRANTS the Wetlands and Watercourses
Permit as reflected in the hereinabove identified Plans submitted in connection with the Application,
subject to the following terms and conditions:
1. All site work shall be in accordance with the latest revised Plans. as herein referenced, as
modified in accordance with the specific conditions hereinafter set forth.
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Planning Board
January 15, 2025
2. Any and all applicable county, state, federal and regional permits, including, but not limited to
the NYSDEC Tidal Wetlands Permit, shall be obtained prior to the issuance of any Town
permits, except as otherwise permitted by the Town Engineer in consultation with the Town
Building Inspector and the Town Environmental Planner.
3. No certificate of completion shall be issued until all of the required conditions of this approval
have been met.
4. Prior to the commencement of construction, appropriate measures shall be undertaken to control
erosion and minimize water turbidity during construction, to the satisfaction of the Town
Engineer 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 -construction meeting 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.
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 defined above, and any successors or assignees in/of
ownership interests in the Property or any portion thereof.
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Planning Board
January 15, 2025
12. With respect to the importation of fill material and land grading, if any, at least seven (7) days
prior to the importation of any such material, the Applicant shall provide the Town Engineer
with the source of all such material, to the satisfaction of the Town Engineer.
(a) Prior to the issuance of a Certificate of Completion, the Applicant shall provide the Town
Engineer with trucking manifests for all fill material imported to the site.
(b) All imported fill material shall consist of natural rock or of clean soils meeting the soil
constituent concentrations for "Unrestricted Use" as defined by the NYSDEC DER-10
technical memorandum.
13. Prior to the issuance of any Town permits, the Applicant shall obtain any and all applicable
federal and state permits and authorizations.
14. In accordance with Section 114-7(3) of the Town Code, the Applicant shall be required to pay
to the Town its actual cost of technical reviews. including, without limitation, consulting fees,
prior to the issuance of any Town permits.
15. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer, Applicant
shall provide documentation of having obtained permit coverage under the NYSDEC SPDES
General Permit for Stormwater Discharges from Construction Activity.
16. Prior to the issuance of Town permits, and to the satisfaction of the Town Engineer in
consultation with the Town's Consulting Engineer, the Applicant shall provide a finalized
Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of the
NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity.
17. Upon completion of site work and establishment of final stabilization, and prior to the issuance
of a Town certificate of completion, the Applicant shall provide documentation of having filed
Notice of Termination for project coverage under NYSDEC SPDES General Permit.
18. As reflected on the Plans, the Applicant shall maintain the bermed and wooded areas on the
Property to the west of the materials storage area.
19. To the satisfaction of the Town Engineer:
(a) the Applicant shall certify that a NYS licensed professional engineer has been retained to
provide oversite and inspection to ensure conformance with reuse of dredged soils in
accordance with the Plans.
(b) Such professional engineer shall also be required to certify that prior to construction start,
proper mechanical removal of dredged materials will be utilized in conformance with ACOE
restrictions, ensuring no "discharge of materials into the waters of the U.S."
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Planning Board
January 15, 2025
(c) Prior to a certificate of completion, the Applicant shall submit certification from such
professional engineer that the dredging operation and fill placement was performed in
conformance with NYSDEC and ACOE regulations and recommendations.
20. Prior to the issuance of a certificate of completion, the Applicant shall remove the abandoned
pipe located outside of the materials storage area on the Property.
This decision is hereby certified and shall be filed with the Town Clerk
Application #4 — 2399 Boston Post Road - 2399 Boston Post Road Rlty Co. - Site Plan,
Wetlands & Watercourses Permit, Special Use Permit — Continued Public Hearing
The public hearing was opened at the November 13th Planning Board meeting and remains open.
Janet Giris, counsel for the applicant, was present and stated that all open items raised in
previous meetings have been addressed.
Ms. Giris and members of the Planning Board discussed project details including whether the
units will be for sale or for rent, who would administer the program for the required affordable
units, type of construction, architectural design, Town of Mamaroneck Fire Department
comments, previous referral to the Coastal Zone Management Commission, and the proposed
rooftop amenity.
Doug Bloom, of 22 Myrtle Boulevard, raised concerns about DEC involvement. Ms. Hochman
stated that this application was referred to the DEC.
David Shafritz, of 4 Pheasant Run, expressed concerns about flooding and marshland protection.
Metus Knoblich, of 7 Locust Terrace, stated that he reached out the DEC to request soil samples be
taken at his property. Mr. Knoblich expressed concerns about noise from the rooftop amenity,
potential decrease in property value, wildlife in the area and increased crime. His written statement
dated December 21, 2024, has been entered into the record.
Hedi Sullivan, of 22 Pryer Manor Road, spoke in favor of the project and the positive impact it
would have on the proposed stretch of Boston Post Road. Ms. Sullivan also commented that it
would add diversity for those looking for rentals, and that the Planning Board and Town Board
have been very thorough in their process.
Ann Lauren, of 52 Sherwood Drive, expressed concerns about increased traffic, ramifications
of the environmental effects, and effects on vulnerable people in the community.
Nicola Cutler, of Edgewater Place, expressed concerns about traffic, contamination at the former
gas station site, flooding, and lack of adequate parking.
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Planning Board
January 15, 2025
Jake Cutler, of 7 Edgewater Place, expressed concerns about deliveries to the proposed site, the
wetlands, traffic, overcrowding in schools, and noise from construction, sewer capacity, fire
safety, and noise from the proposed rooftop amenity. He requested the Planning Board take
more time to deliberate.
Karen Roth, of 6 Locust Terrace, expressed concerns about traffic, contamination at the former
gas station site, lighting and protection of the wildlife, and rock removal. She requested the
Planning Board take more time to deliberate.
Jennifer Schidlow, of 15 Deane Place, expressed concerns about wetlands mitigation, the SEQRA
process, and compliance with the CZMC requirements. Ms. Schidlow asked that the public hearing be
continued during the February 2025 Planning Board meeting. Her written statement dated December
21, 2024, has been entered into the record.
Paul Jaehnig, Wetlands and Soils Consultant for the applicant, explained the proposed process
for cleaning up the wetlands buffer.
Members of the Planning Board discussed continuing the public hearing to the February 2025
meeting. The Chairman stated that the public hearing remains open and will continue at the
Planning Board's meeting in February 2025.
The meeting was adjourned at 11:11 P.M.
\ 1 inutes pre .r►d by
Jami Sheeky,'
Planning Board Secre
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