AFFH units in place of MICTs in this zoning district( as well as all of the other multifamily districts);

Transcription

1 f i o RTO a" TOWN OF NORTH CASTLE WESTCHESTER COUNTY x 17 Bedford Road j 0 Armonk, New York Telephone: ( 914) PLANNING BOARD Fax: (914) Christopher Cat-thy, Chair RESOLUTION Action: Application Nance: [ ] Applicant: Site Plan, Tree Removal and 'Wetland Permit Approvals Michael Fareri Owner: KH Realty 1, LLC Designation: Zone: Acreage: Location: CB ( Central Business) Zoning District acres Date of Approval: Expiration Date: October 12, 2018 ( 1 Year) WHEREAS, the Applicant is proposing a 13, 544 square feet residential building containing 16 total I and 2 bedroom units and the retention of the existing 1, 400 square foot retail building at 470 Main Street; and WHEREAS, the project will also include 2 AFFH units; and WHEREAS, the Town Board adopted an affordable housing local law on May 1.4, 2014; and WHEREAS, the local law amended Section of the Town Code to require the creation of AFFH units in place of MICTs in this zoning district( as well as all of the other multifamily districts); and WIIEREAS, 10% of the market rate units within the project must be AFFH units; and WHEREAS, the property is acres and is located at within the CB Zoning District; and WHEREAS, in connection with the proposed development, the Applicant has following plans; submitted the Plan labeled " I of 11," entitled " Existing Conditions," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 2 of 11," entitled " Site Plan," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 3 of 11," entitled " Demolition Plan," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE Plan labeled " 4 of 11," entitled " Layout Plan," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE.

2 Page 2 of 13 Plan labeled " 5 of 11," entitled " Utility Plan," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 6 of 11," entitled " Erosion Control Plan," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 7 of i 1," entitled " Future Hydrology Plan," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 8 of 11," entitled " Sight Line Study," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE, Plan labeled" 9 of 11," entitled " Details," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 10 of 11," entitled " Details," dated November 25, 2016, last revised. September 26, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 11 of 11," entitled " Details," dated November 25, 2016, last revised September 26, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " SK-0," entitled " Floor Plans," dated November 29, 2016, last revised August 15, 2017, prepared by Joseph R. Crocco Architects. Plan labeled " SK- 1," entitled " Floor Plans," dated November 29, 2016, last revised August 15, 2017, prepared by Joseph R. Crocco Architects. Plan labeled " SK- 2," entitled " Elevations," dated November 29, 2016, last revised March 23, 2017,. prepared by Joseph R. Crocco Architects. Plan labeled " SK- 3," entitled " Calculations," dated May 8, 2017, last revised July 10, 2017, prepared by Joseph R. Crocco Architects. Plan labeled " L-701," entitled " Planting Plan," dated June , last revised August 16, 2017, prepared by Yost Design Landscape Architecture. Plan labeled " L-702," entitled " Mitigation Plan," dated June 23, 2017, last revised July 6, 2017, prepared by Yost Design Landscape Architecture. Plan labeled " L- 801," entitled " Planting Details," dated. June 23, 2017, last revised August. 16, 2017, prepared by Yost Design Landscape Architecture.. Plan. labeled " 5/ 1.0," entitled " Landscaping Plan," dated May 9, 2016, prepared by Kellard Sessions Consulting. Memorandum dated August 8, 2017 from Paul J Jaehnig re: Threatened or Endangered Species. Plan labeled" 1 of 8," entitled " Existing Conditions," dated November 25, 2016, last revised August 31, 2017, prepared by Nathaniel J. Holt, PE.. Plan labeled" 2 of 8," entitled" Site Plan," dated November 25, 2016, last revised August 31, 2017,. prepared by Nathaniel J. Holt, PE. Plan labeled " 3 of 8," entitled " Layout and Demolition Plan.," dated. November 25, 2016, last revised August 31, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 4 of 8," entitled " Utility Plan," dated November 25, 2016, last revised August 31, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 5 of 8," entitled " Erosion Control Plan," dated November 25, 2016, last revised August 31, 2017, prepared by Nathaniel J. Holt, PE. 2

3 i Page 3 of 13 dated November 25, 2016, last revised Plan labeled " 6 of 8," entitled " Sight. Line Study," August 31, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled " 7 of 8," entitled " NYSDOT Details," dated November 25, 2016, last revised. August 31, 2017, prepared by Nathaniel J, Holt, PE. Plan labeled " 8 of 8," entitled " Notes," dated November 25, 2016, last revised August 31, 2017, prepared by Nathaniel J. Holt, PE. WHEREAS, site plan contains private outdoor space provided through the use of decks, terraces or patios within the building; and WHEREAS, the Architectural Review Board approved the proposed building design at the June 21, 2017 meeting; and WHEREAS, the application for site plan approval was referred to the Westchester County Planning Board pursuant to 239-m of New York. State General Municipal. Law ( GML) on October 28, 2016; and WHEREAS, in a. January 9, 2017 letter, the County Planning Board noted that the project is generally consistent with the County Planning Board Policies; and WHEREAS, in addition, the County Planning Board recommended that an adequately sized recycling facilities be provided on the site and that the building should incorporate green building technology and bicycle parking; and WHEREAS, principal uses in the CB Zoning District are reference; and governed by the CB- A zone by WHEREAS, the CB- A zone states that multifamily dwellings located on the first floor require the issuance of a Town Board special use permit; and WHEREAS, in addition, accessory uses in the CB Zoning District are governed by the CB- B zone by reference; and WHEREAS, the CB- B zone states that residential uses, limited to 1 dwelling unit per building are permitted; however, additional dwellings may be permitted by Town Board special permit; and WHEREAS, the Town Board approved the required special use permits on April 5, 2017; and WHEREAS., the Town Board determined that the proposed development would not create any significant adverse traffic impacts; and WHEREAS, the Town Board determined that the proposed development would not create any significant adverse sewer or water capacity impacts; and 3

4 Site Plan, Tree Removal and Wetlands Permit approvals for Page 4 of 13 WHEREAS, the site plan is deficient by four off-street parking spaces; and WHEREAS, the Applicant obtained the required four space off-street parking variance from Section of the Town Code on July 6, 2017; and WHEREAS, the property is located partially within the 100- year flood plain (Zone AE Elev ) associated with the Wampus River; and WHEREAS, the plans illustrate the limits of the floodplain, as currently shown on effective FEMA Firm Maps; however, based on the base flood elevation of and the existing topography, there appears to be no fill proposed within the floodplain and therefore, floodplain. mitigation will be not be required. A Floodplain Development Permit will be required for utility line installation and landscaping proposed within the floodplain; and WHEREAS, the site is adjacent to wetlands that are regulated by NYSDEC and the Town of North Castle; and WHEREAS, the site plan depicts 9, 637 square feet of Town regulated wetlands buffer disturbance; and WHEREAS, pursuant to Section B of the Town Code, the Conservation Board is required to review the proposed wetland application and, within 45 days of receipt thereof, file a written report and its recommendation concerning the application with the Planning Board. Such report is required to evaluate the proposed regulated activity in terms of the findings, intent and standards of Chapter 340; and WHEREAS, the Conservation Board recommended approval of the wetlands permit in an October 3, 2017 memorandum to the Planning Board; and WHEREAS, the Conservation Board also recommended off-site mitigation at Wampus Brook Park South as detailed on the submitted.kellard Sessions Consulting plan; and WHEREAS, the Applicant has offered to contribute $ 25, 000 to an off-site wetland mitigation bank in- lieu of physically providing off-site wetland mitigation; and WHEREAS, on September 11, 2017, the Planning Board, pursuant to of the North Castle Code, conducted a duly noticed public hearing with respect to the site plan and wetlands permit applications, at which time all those wishing to be heard with respect to the site plan were given an opportunity to be heard; and WHEREAS, the Proposed Action would be classified as an Unlisted Action pursuant to the State Environmental Quality Review Act (SEQRA); and 4

5 Site. Plan, Tree Removal and Wetlands Permit Approvals for Page 5 of 13 WHEREAS, the Town Board concluded the SEQRA review on April 5, 2017 by adopting a Conditioned Negative Declaration; and i WHEREAS the site plan was forwarded to the Chief of Police, Fire Inspector and the Armonk Fire Chief so that they may make any pertinent recommendations to the Planning Board including, but not limited to, the designation of no- parking zones, emergency vehicle access or any other issued deemed important to providing emergency services; and WHEREAS, the site plan was forwarded to the Water and Sewer department so that they may make any pertinent recommendations to the Planning Board including, but not limited to, the capacity of the sewer and water infrastructure to handle the proposed amount of effluent and water demand; and WHEREAS, the Planning Board has inspected the site and is familiar with the nature of the site, the surrounding area, and the proposed development; and 1= WHEREAS, the Planning Board has requested, received, and considered comments from the Town Attorney, Town Engineer, and Town Planner regarding the proposed development; and WHEREAS, the requirements of the Zoning Ordinance of the Town of North Castle have been met by said application; and NOW THEREFORE BE IT RESOLVED, that based upon its review of the full environmental record the Planning Board finds that the proposed action will not result in any significant adverse environmental impacts and hereby adopts a Negative Declaration pursuant to the requirements of Article 8 of the New York State Environmental Quality Review Law and 6 NYCRR Part 617; and BE IT FURTHER RESOLVED, that the application for site plan, tree removal permit and wetlands permit approvals, as described herein, be and are hereby conditionally approved, subject to the following conditions and modifications; and BE IT FURTHER RESOLVED that, this site plan, tree removal permit and wetlands permit approvals shall expire one ( 1) year after the date of this resolution unless all of the conditions and modifications identified below have been substantially completed or an extension of time has been requested by the applicant or granted by the North Castle Planning Board. 5

6 i Page 6 of 13 Prior to the Signing of the Site Plan: he PlanningBoard Secretary's Y initials and date shall be placed in the space below to indicate that the condition has been satisfied) 1. The applicant has made an application for a Commercial Access Highway Work Permit from the New York State Department of Transportation ( NYSDOT) for improvements proposed within the right- of-way of NYS Route 128 ( Main Street), including concrete curb and sidewalk along the property frontage. The applicant shall demonstrate that the NYSDOT has issued all required permits to the satisfaction of the Town Engineer. f 2. Based upon a site meeting with the applicant, NYSDOT and Town Engineer, driveway modifications for the curb cut at Main. Street requested by the NYSDOT resulted in the drive shifting to the south resulting in the need for an expansion of the existing perpetual driveway easement. The applicant shall submit a copy of the easement agreement for review by the Town Attorney. 3, The Applicant shall submit a $ 25, 000 wetland mitigation contribution fee to the satisfaction of the Planning Department. Such hands shall be placed in a trust fund to be used by the Town Board for the enhancement of wetland and/ or wetland buffer areas. 4. The Site Plan illustrates and dimensions the area of the 2- foot bumper overhang required for the proposed 16- foot deep parking stalls located central to the site. The bumper overhang area shall be coordinated with the proposed plantings shown on the Landscape Plan to the satisfaction of the Town Engineer, 5. The existing sewer connection for the retail building is proposed to be relocated with a 4- inch PVC pipe at 2% pitch, The plan indicates " presumed" connection to the existing service line with requirements for verification of existing pipe inverts prior to construction. Note # 11 on the Utility Plan shall be expanded to require the extension of the proposed service line and/ or replacement of the existing line as necessary for a proper connection as determined by the Design Engineer and Town Engineer to the satisfaction of the Town Engineer, 6. The applicant shall verify the invert, slope and cover of the proposed residential building sewer service connection and revise as necessary to the satisfaction of the Town Engineer. Drop manholes and/ or pipe anchors shall be provided and detailed as needed to the satisfaction of the Town Engineer. 7. Any utility easements that may become necessary for connection to the main sewer trunk line on Town property shall be shown to the satisfaction of the Town Engineer. 6

7 Site Plan, Thee Removal and Wetlands Permit Approvals for 1 Page 7 of The plan proposes a single 2- inch service tap for domestic water to the residential building from the existing water main. The applicant shall obtain confirmation form the WCHD that this is acceptable to the satisfaction of the Town Engineer. 9. The applicant shall verify that the proposed 2- inch service is adequately sized for the 16 units to the satisfaction of the Town Engineer. 10. The location of water meters, shut- off valves, and curb boxes shall be shown on the plan and Water Service Detail to the satisfaction of the Town Water and Sewer Department and the Town Engineer. 11. Curb box: and clean- out details shall illustrate provisions for paved areas to the satisfaction of the Town Engineer 12. Profiles for the water and sewer service main lines shall be provided to demonstrate adequate cover and separation distances to the satisfaction of the Town Engineer. 13. The plan shall illustrate pipe material, size and layout for roof leader connections for the retail building to the satisfaction of the Town Engineer, 14. The Drain Line Pipe Capacity shall be revised to reflect the current plan to the satisfaction of the Town Engineer, 15. The applicant shall verify adequate cover for all storm lines and revise the plan accordingly to the satisfaction of the Town Engineer. 16. The applicant shall demonstrate that approval from the Westchester County Department of Health ( WCHD) and the North Castle Sewer and Water Department has been granted for the proposed water and sewer main connections to serve the development to the satisfaction of the Town Engineer. 17. The Applicant shall submit documentation from the Town Water and Sewer Department approving the proposed improvements to the existing water and sewer infrastructure to the satisfaction of the Town Engineer. 18. The Applicant shall provide a parkland reservation or recreation fee pursuant to Chapter 225 of the Town Code, The recreation fee is $ 3, 040 per market rate unit 12 additional units) and $ 1, 000 per dwelling unit (2 Units) for AFI H units for a grand total of$ 38, to the satisfaction of the Town Planner. 19. The floor plans shall be revised to indicate which two units will be AFFH units to the satisfaction of the Town Planner. 7

8 Page 8of13 20, The Plans shall include a copy of the NYSDEC Freshwater Wetland Boundary Validation by the NYSDEC to the satisfaction of the Town Engineer. 21. Pursuant to Section of the Town Code, the applicant shall submit a. detailed quantity cost estimate for all site improvements proposed, with the quantities certified to by the applicant' s engineer, to the satisfaction of the Town Engineer The applicant shall submit a Floodplain Development Permit pursuant to Chapter 177, Flood Damage Prevention, of the Town Code to the satisfaction of the Town Engineer, 23. The Applicant shall demonstrate that the NYSDEC has issued a freshwater wetlands permit to the satisfaction of the Town Engineer. 24. The Applicant shall be required to submit an agreement, in recordable form satisfactory to the Town Attorney, concerning the construction, maintenance and inspection of the features of the stormwater management plan. Such agreement shall specify that the property owner shall be responsible in perpetuity for maintenance of the stormwater basins to the satisfaction of the Town Engineer, 25. The Applicant shall submit a permanent easement agreement, in recordable form satisfactory to the Town Attorney, providing for access by the individual property owner and/ or the Town of North Castle, if necessary, to perform maintenance of the features of the stormwater management system. 26. The location of the proposed utility room access stairway for the residential building shall be coordinated between the engineering, architectural landscape plans and revised accordingly to the satisfaction of the Town Engineer, and 27. Plans prepared by multiple design professionals shall be cross- referenced to each other to the satisfaction of the Town Engineer. 28. The plans shall include details for sanitary, storm and water service trenches to the satisfaction of the Town Engineer, 29. The total disturbance proposed for the project is less than 1 acre and the project is not located in the NYC Watershed. The SWPPP shall be revised to remove requirements to obtain coverage under NYSDEC General Permit, GP for Stormwater Discharges from Construction Activity, as well as the need to file a Notice of Intent with the State to the satisfaction of the Town Engineer. t 8

9 I Site Plan, Tree Removal and Wetlands Perm it.approvals for October 12, Page 9 of The inspection checklists included in Appendix C of the SWPPP are not applicable to the proposed mitigation practice and should be replaced with manufacturer specifications and maintenance requirements to the satisfaction of the Town Engineer. 31. The Hydrologic analysis provided in the SWPPP shall be revised to provide peak rate attenuation for all design storms to the satisfaction of the Town Engineer. As currently proposed, the post-developed rates for the 1- year and 2- year storms exceed pre- developed rates. The SWPPP and plans shall be revised to the satisfaction of the Town Engineer. 32. The invert and pipe size for the outlet control for " Pond 3P Detention" provided in the SWPPP shall be coordinated with the plan. The plan and SWPPP shall be revised as necessary to the satisfaction of the Town.Engineer. 33. Pursuant to Section of the Town Code, a property containing any affordable AFFH units shall be restricted using a mechanism such as declaration of restrictive covenants in recordable form acceptable to the Town which shall ensure that the affordable AFFH unit shall remain subject to affordable regulations for the minimum 50 year period of affordability. The covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit upon approval such declaration shall be recorded against the property containing the affordable AFFH unit prior to the issuance of a Certificate of Occupancy for the development. 34. Payment of all applicable fees, including any outstanding consulting fees. 35. The Applicant shall submit to the Planning Board Secretary six ( 6) sets of plans with required signature block) incorporating all required amendments to the plans as identified in this resolution of approval to the satisfaction of the Town Planner, Town Engineer and Town Attorney. 36, The Applicant shall submit final construction plans for site improvements to the Town Engineer for his approval of driveways, parking areas, storm drainage system, water and sewer connections, sidewalks, erosion and sediment controls and any other information requested by the Town Engineer to the satisfaction of the Town Engineer. 9

10 i. Page 10 of 13 Prior to the Issuance of a Building Permit: The Planning Board Secretary's initials and mate shall be placed in the space below to indicate that the condition has been satisfied.) L The applicant shall obtain a Floodplain Development Permit pursuant to Chapter 177, Flood Damage Prevention, of the Town Code, to the satisfaction of the Town Engineer, 2. The approved site plan shall be signed by both the Planning Board Chair and Town Engineer. 3. The submission of a complete set of building plans for review and approval by the Town Building Inspector prior to the issuance of a building permit. 4. The applicant shall submit an engineering estimated cost of site improvements. inspection fee equal to 3% of the 5. Payment of all outstanding fees, including professional review fees. Prior to the Issuance of a Certificate of Occupancy/ Compliance: The Planning Board Secretary' s initials and date shall be placed in the space below to indicate that the condition has been satisfied) 1. Prior to issuance of a Certificate of Occupancy for the structure, the Applicant shall submit documentation confirming that all AFFH units are available for sale/ rental and comply with the AFFFI requirements of Section of the Town Code to the satisfaction of the Town Planner. 2. Prior to the issuance of a Certificate of Occupancy/ Compliance, the actual construction, 'installation and implementation of all landscaping ( on and off-site) shall be certified by a Licensed Landscape Architect as being in compliance with the approved plans and conditions, at the sole cost and expense of the applicant. 3, The Applicant shall install a Knox Box to the satisfaction of the Fine Inspector. 4, The applicant shall submit documentation demonstrating that all conditions of the NYSDEC Freshwater Wetland Permit have been satisfied to the satisfaction of the Town Engineer. 5. The applicant shall submit documentation demonstrating that all conditions of the NYSDOT Commercial Access Highway Work Permit have been satisfied to the satisfaction of the Town Engineer. 7, The submission to the Town Building Inspector of an " As Built" survey. 1. 0

11 Page 11 of 13 Other Conditions: i h 1. Pursuant to Section of the Town Code AFFH units shall be marketed in accordance with the Westchester County Fair Affordable Housing Affirmative Marketing Plan. 2. Pursuant to Section I.2 of the Town Code, the maximum monthly rent for an affordable AFFH unit and the maximum gross sales price for an AFAR unit shall be established in accordance with US Department of Housing and Urban Development guidelines as published in the current edition of the Westchester County Area Median Income AMI Sales Rent Limits available from the County of Westchester. 3. Pursuant to Section I.3 of the Town Code, units designated as affordable AFFH units shall remain affordable for a minimum of 50 years from date of initial certificate of occupancy for rental properties and from date of original sale for ownership units. 4. Prior to the start of construction and throughout the construction period, area of disturbance lines shall be clearly delineated in the field with snow fence or another demarcation acceptable to the Building Department and Town Engineer, which shall be placed around the entire proposed construction area. Except as necessary to provide mitigation plantings, no encroachment beyond these limits by workers or machinery shall be permitted. 5. Grading and clearing and other construction-related activities shall take place only within the delineated area of disturbance lines. These area of disturbance lines represent the maximum limits of construction activities. Every attempt shall be made to further reduce grading and clearing activities within the area of disturbance lines by maintaining natural vegetation and topography wherever practicable. 6. Prior to the commencement of any site work, the Applicant shall stake the location of the proposed construction.for inspection and approval by the Building Department and Town Engineer. 7. All soil erosion and sedimentation control measures shown on this plan shall be in place prior to the start of any site work. The Building Department and Town Engineer shall have inspected the installation of all rewired soil erosion and sedimentation control measures prior to the authorization to proceed with any phase of the site work. 11

12 Fuge 12 of Throughout the construction period, a qualified professional retained by the Applicant shall, on at least a weekly basis, prior to any predicted rain event and after any runoffproducing rain event, inspect the soil erosion and sedimentation control measures to ensure their proper functioning. Soil shall be removed from the silt fence when bulges develop in the fence in accordance with Westchester County recommendations. Records shall be kept onsite and made available for review by Town personnel. Inspections shall be in accordance with the NYSDEC Phase 11 regulations. 9. If the Applicant, during the course of construction, encounters such conditions as flood areas, underground water, soft or silty areas, improper drainage, or any other unusual circumstances or conditions that were not foreseen in the original planning, he shall report such conditions immediately to the Building Department and Town Engineer, The Applicant may submit, if he so desires, his recommendations as to the special treatment to be given such areas to secure adequate, permanent and satisfactory construction. The Building Department, without unnecessary delay, shall investigate the condition or conditions, and shall either approve the Applicant' s recommendations to correct the conditions, order a modification thereof, or issue his own specifications for the correction of the conditions. In the event of the Applicant's disagreement with the decision of the Building Department, or in the event of a significant change resulting to the site plan or any change that involves the wetlands regulated areas, the matter shall be decided by the Planning Board, Any such conditions observed by the Planning Board or its agents shall be similarly treated. 10. Compliance with all applicable local laws and ordinances of the Town of North Castle and any conditions attached to permits issued thereunder. 11. The applicant shall provide sedimentation and erosion control measures to the satisfaction of the Tows Engineer and in accordance with the measures set forth in the Westchester County Best Management Practices for Construction and Related Activities. 12. All landscaping shown on this plan shall be maintained in a vigorous growing condition throughout the duration of the use. 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, u 12

13 Site Plan, Tree Removal and Wetlands Permit Ajy)rovalsfir Page 13 of 13 APPLICANT, agreed and understood as to contents and conditions, including expiration, contained herein 0 t7ala- Dae Realty 1, LLC, Owner 100J Date Mi hael Fares, Applicant NORTH CASTLE PLANNING OFFICE, as to appyova" by the North. Castl lanning Board Date Valerie B. Desimone, Planning Board Secretary KELLARD SESSIONS CONSULTING, P, C. As to Drain a e n 7ineering Matters Date Josep inele, P. Cans I' g Town Engineer STEPHENS BARONI REILLY & LEWIS LLP As to i an Sufficiency yyy Dat Roland A. Baroni, Jr. Esq., awn Counsel NORTH CASTLE PLANNING BOARD 11/ 6) r7 i M Date Christopher Carthy, Ch firman FAILAN 60[Zesoltiti oil skreso Main street- site 111aatt,' brei, wellands Approval. doc 13