R E S O L U T I O N. Site Plan, Tree Removal and Wetland Permit Approvals Application Name: 470 Main Street [#16-021]

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1 PLANNING BOARD Christopher Carthy, Chair TOWN OF NORTH CASTLE WESTCHESTER COUNTY 17 Bedford Road Armonk, New York Telephone: (914) Fax: (914) R E S O L U T I O N Action: Site Plan, Tree Removal and Wetland Permit Approvals Application Name: [#16-021] Applicant: Michael Fareri Owner: KH Realty 1, LLC Designation: Zone: CB (Central Business) Zoning District Acreage: 0.91 acres Location: Date of Approval: Expiration Date: September 25, 2018 (1 Year) WHEREAS, the Applicant is proposing a 13,544 square feet residential building containing 16 total 1 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 14, 2014; and WHEREAS, the local law amended Section C of the Town Code to require the creation of AFFH units in place of MIUs in this zoning district (as well as all of the other multifamily districts); and WHEREAS, 10% of the market rate units within the project must be AFFH units; and WHEREAS, the property is 0.91 acres and is located at within the CB Zoning District; and WHEREAS, in connection with the proposed development, the Applicant has submitted the following plans: Plan labeled 1 of 11, entitled Existing Conditions, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled 2 of 11, entitled Site Plan, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled 3 of 11, entitled Demolition Plan, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled 4 of 11, entitled Layout Plan, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE.

2 Page 2 of 14 Plan labeled 5 of 11, entitled Utility Plan, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled 6 of 11, entitled Erosion Control Plan, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled 7 of 11, entitled Future Hydrology Plan, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled 8 of 11, entitled Sight Line Study, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled 9 of 11, entitled Details, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled 10 of 11, entitled Details, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled 11 of 11, entitled Details, dated November 25, 2016, last revised July 10, 2017, prepared by Nathaniel J. Holt, PE. Plan labeled SK-1, entitled Floor Plans, dated November 29, 2016, last revised March 23, 2017, prepared by Joseph R. Crocco Architects. Plan labeled SK-1, entitled Floor Plans, dated November 29, 2016, last revised March 23, 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, prepared by Joseph R. Crocco Architects. Plan labeled L-701, entitled Planting Plan, dated June 23, 2017, last revised July 6, 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, prepared by Yost Design Landscape Architecture. 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 2

3 Page 3 of 14 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 governed by the CB-A zone by reference; and 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 permit on April 5, 2017; and WHEREAS, the site plan does not depict the minimum required amount of off-street parking; 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, the Planning Board and Conservation Board will need to determine whether the proposed amount of disturbance and proposed mitigation are acceptable; and 3

4 Page 4 of 14 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 [did not recommend] approval of the wetlands permit in a XXX, 2017 memorandum to the Planning Board; and WHEREAS, on, 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 WHEREAS, the Town Board concluded the SEQRA review on April 5, 2017 by adopting a Conditioned Negative Declaration; and 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 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 4

5 Page 5 of 14 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. Prior to the Signing of the Site Plan: (The Planning Board Secretary's initials and date shall be placed in the space below to indicate that the condition has been satisfied.) The proposed project is located within an Archaeological Sensitive Area. The Applicant shall prepare a Phase I Cultural Resources Survey to the satisfaction of the Town Planner. The submitted EAF indicates that the site may contain threatened or endangered species. The Applicant shall provide additional information with respect to this topic to the satisfaction of the Town Planner. The Town Engineer shall confirm that a Letter of Map Amendment has been approved by FEMA with respect to the location of the floodplain. 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 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. This would provide a small buffer (±5 feet) between the drive and existing building on the adjoining property where currently none exists. The plans shall illustrate the location of the neighboring building and the final configuration and limits of the drive and curb to be shared by both properties, as well as any directional signage or striping, to the 5

6 Page 6 of The site plan shall illustrate and dimension the minimum required yard setbacks to the satisfaction of the Town Engineer, including dimensions for the terraces, at the rear of the units to demonstrate compliance with Section of the Town Code, which requires that a minimum setback of 5 feet between terraces and any lot line. Any required stairs from the terrace to the yard shall be shown. The plan shall illustrate and dimension the area of the required 2-foot bumper overhang required for the proposed 16-foot deep parking stalls to the satisfaction of the Town As indicated on the plan, the existing air conditioning units and basement access at the rear of the commercial building shall be removed or relocated. The plan shall clarify how this will be addressed. In addition, the handicap accessible parking stalls shall be shown at the full 18-foot depth, as per the detail included on the plan. The site plan shall be revised to depict 4-foot wide (minimum) sidewalks throughout the site to the The site plan shall depict the proposed location of the relocated sign along Main Street (to provide adequate sight distance) to the satisfaction of the Town 10. The site plan shall be revised to depict the cross-hatched pavement markings for the loading area to the In addition, the handicap accessible access aisles shall be marked with "No Parking" pavement markings or signage, as required, to the 11. The existing sewer connection for the retail building is proposed to be relocated with a 4 inch PVC pipe at 1% pitch. The minimum pitch provided shall be 2%. The plan indicates presumed connection to the existing service line. The location and condition shall be verified to demonstrate adequate depth and coordination with other utilities/services to the 12. The plan indicates a proposed 6-inch sewer connection from the residential building to a "purported existing sanitary service line". The location, material, size and condition of this line shall be verified. As shown, a portion of this line within the Town parcel is to remain. However, its connection to the main line will be replaced. Given that this existing sewer serviced a single residential building, it is likely that this line is only 4 inch in size. A new connection shall be made between the building and main trunk line and the existing service abandoned to the 13. Sanitary sewer clean-outs shall be shown on the plan at 50 foot intervals, as required by the detail to the 6

7 Page 7 of Any utility easements required for connection to the main sewer trunk line on Town property shall be shown to the 15. The main sanitary trap serving the residential building is ±10 foot deep. The House Trap Detail shall be revised to provide adequate access for future maintenance to the 16. The plan shall specify SDR-35 PVC pipe for all sewer service connections to the satisfaction of the Town Engineer 17. The plan proposes a single 2-inch service tap for domestic water to the residential building from the proposed 6-inch fire service. The applicant shall obtain confirmation form the WCHD that this is acceptable. It appears a separate connection or public main may be necessary. The plans shall be revised to the 18. The applicant shall verify that the proposed 2-inch service is adequately sized for the 16 units to the 19. 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 20. The plan shall specify the water service pipe material to the satisfaction of the Town 21. Curb box and clean-out details shall illustrate provisions for paved areas to the satisfaction of the Town Engineer 22. 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 23. The curve numbers used in the stormwater analysis for lawn areas in the pre- and post-developed scenarios should be the same since they are based on similar soil conditions. The plans shall be revised to the 24. The effective surface area for percolation from the infiltrators shall be limited to the bottom area of the units. The plans and SWPPP shall be revised to the 7

8 Page 8 of The Water Quality Sizing is based on capture of all impervious surfaces; however, only the upper portion of the site is conveyed to this system. The applicant should consider relocating the water quality system closer to the detention system so the entire project area can be collected, treated and detained. The plans shall be revised to the 26. A routing analysis (HydroCad or similar) shall be provided to demonstrate preand post-developed peak discharge rates and peak storm elevations in the various detention systems to the 27. The call-out for "Prop DI #3)" appears to no longer apply and should be removed to the 28. The plan shall illustrate pipe material, size and layout for roof leader connections for the retail building, as well as the rear of the residential building to the 29. Based on the Drain Line Pipe Capacity provided, it appears that a minimum 12- inch storm line will be required to connect the proposed drainage manhole to junction box, JB #4. The plans shall be revised to the satisfaction of the Town 30. The infiltration units specified in the Infiltration System Detail shall be coordinated with the plan to the 31. The Inspection Port Detail shall include provisions for installation in paved areas to the 32. The Level Spreader Detail shall clarify the filter fabric requirements (all sides? bury depth, etc.) to the 33. The junction boxes appear to be too small for adequate access for future maintenance. Please revise accordingly. The size of the detention system overflow shall be coordinated with the detail. The plans shall be revised to the 34. The plan shall clarify the limits of the existing shared entry drive to be reconstructed/paved. The plans shall be revised to the satisfaction of the Town 35. The plan shall include a detail for the terraces and associated walls to the 8

9 Page 9 of The Typical Parking Space Detail shall specify the colors of the pavement markings for the standard and ADA parking spaces to the satisfaction of the Town 37. The Typical Pavement Section Detail shall clarify what each cross section shall be applied to. The plans shall be revised to the 38. Items #3 and #4 of the General Sequence of Activities (regarding staging areas and erosion and sediment control) shall be moved prior to Step #2. The plans shall be revised to the 39. 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 40. The Applicant shall submit documentation from the Town Water and Sewer Department approving the project and improvements to the existing water and sewer infrastructure to the 41. The Applicant shall provide a parkland reservation or recreation fee pursuant to Chapter 225 of the Town Code. The recreation fee is $3,000 per market rate unit (14 Units) and $1,000 per dwelling unit (2 Units) for AFFH units for a grand total of $44, to the satisfaction of the Town Planner. 42. The floor plans shall be revised to indicate which two units will be AFFH units to the satisfaction of the Town Planner. 43. The Plans shall include a copy of the NYSDEC Freshwater Wetland Boundary Validation by the NYSDEC to the 44. 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 45. 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 46. The Applicant shall demonstrate that the NYSDEC has issued a freshwater wetlands permit to the 9

10 Page 10 of The applicant shall prepare a Wetland Mitigation Plan in accordance with Chapter 340, Wetlands & Watercourses Protection of the Town Code, for compensation of unavoidable disturbances to wetlands and wetland buffers at a ratio of 2 for 1 to the satisfaction of the Town Wetland Consultant. 48. The applicant shall submit a detailed quantity cost estimate for all improvements proposed for the wetland mitigation with the quantities certified by the applicant s engineer to the 49. Submission to the Planning Board of a suitable legal agreement, in the form satisfactory to the Town Attorney, assuring the Town that the applicant will deposit cash or file a surety bond or other security acceptable to the Town Board (such as a Letter of Credit) for the construction of the wetland mitigation plantings, maintenance and monitoring program, the amount of said bond or other surety to be determined by the Town Board. Such bond shall be released after the completion of the wetland mitigation and monitoring to the satisfaction of the Town 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 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. Pursuant to Section I.4 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. 53. Payment of all applicable fees, including any outstanding consulting fees. 54. The Applicant shall submit to the Planning Board Secretary six (6) sets of plans (with required signature block) incorporating all required amendments to the 10

11 Page 11 of 14 plans as identified in this resolution of approval to the satisfaction of the Town Planner, Town Engineer and Town Attorney. 55. 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 Prior to the Issuance of a Building Permit: (The Planning Board Secretary's initials and date shall be placed in the space below to indicate that the condition has been satisfied.) 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 The approved site plan shall be signed by both the Planning Board Chair and Town 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. The applicant shall submit an engineering inspection fee equal to 3% of the estimated cost of construction. 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.) 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 AFFH requirements of Section I of the Town Code to the satisfaction of the Town Planner. Prior to the issuance of a Certificate of Occupancy/Compliance, the actual construction, installation and implementation of all wetland mitigation shall be completed to the Prior to the issuance of a Certificate of Occupancy/Compliance, the actual construction, installation and implementation of all landscaping (on and off-site) 11

12 Page 12 of 14 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 The Applicant shall install a Knox Box to the satisfaction of the Fire Inspector. The applicant shall submit documentation demonstrating that all conditions of the NYSDEC Freshwater Wetland Permit have been satisfied to the satisfaction of the Town The applicant shall submit documentation demonstrating that all conditions of the NYSDOT Commercial Access Highway Work Permit have been satisfied to the The submission to the Town Building Inspector of an "As Built" survey. Other Conditions: 1. Pursuant to Section I.1 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 AFAH 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. 12

13 Page 13 of 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 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 required soil erosion and sedimentation control measures prior to the authorization to proceed with any phase of the site work. 8. 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 II 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 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 Town 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. 13

14 Page 14 of 14 ************ APPLICANT, agreed and understood as to contents and conditions, including expiration, contained herein Date KH Realty 1, LLC, Owner Date Michael Fareri, Applicant NORTH CASTLE PLANNING OFFICE, as to approval by the North Castle Planning Board Date Valerie B. Desimone, Planning Board Secretary KELLARD SESSIONS CONSULTING, P.C. As to Drainage and Engineering Matters Date Joseph M. Cermele, P.E. Consulting Town Engineer STEPHENS BARONI REILLY & LEWIS LLP As to Form and Sufficiency Date Roland A. Baroni, Jr. Esq., Town Counsel NORTH CASTLE PLANNING BOARD Date Christopher Carthy, Chairman F:\PLAN6.0\Resolutions\Reso 2017\ - Site Plan, Tree, Wetlands Approval.doc 14