R E S O L U T I O N. Designation: R-2A (1-Family, 2-acre Minimum Lot Size)

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1 PLANNING BOARD Arthur Adelman, Chair TOWN OF NORTH CASTLE WESTCHESTER COUNTY 17 Bedford Road Armonk, New York R E S O L U T I O N Telephone: (914) Fax: (914) Action: Project Name: Applicant /Owner: David and Nicole Designation: Zoning District: R-2A (1-Family, 2-acre Minimum Lot Size) Location: 3 Gifford Lake Drive Area: 2.35-acres Original Approval : July 14, 2014 Amended Approval : Expiration : February 9, 2016 (1 year) WHEREAS, on December 20, 2014, application for amended site plan was submitted to the Planning Board and the requisite fees were paid; and WHEREAS, the application consists of the following drawings: Plan labeled C-1, entitled Site Plan, dated January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C. Plan labeled C-2, entitled Tree Removal Plan, dated January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C. Plan labeled C-3, entitled Erosion and Sediment Control Plan, dated January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C. Plan labeled C-4, entitled Site Details, dated January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C. Plan labeled C-5, entitled Site Details, dated January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C. Plan labeled N-001, entitled Development Data, dated September 16, 2014, prepared by Papp Architects, P.C. Plan labeled A-101, entitled Foundation Plan, dated September 16, 2014, prepared by Papp Architects, P.C. Plan labeled A-103, entitled Basement Construction Plan, dated September 16, 2014, prepared by Papp Architects, P.C. Plan labeled A-104, entitled First Floor Construction Plan, dated September 16, 2014, prepared by Papp Architects, P.C. Plan labeled A-105, entitled Second Floor Construction Plan, dated September 16, 2014, prepared by Papp Architects, P.C. Plan labeled A-106, entitled Roof Plan, dated September 16, 2014, prepared by Papp Architects, P.C. Plan labeled A-201, entitled Elevations, dated September 16, 2014, prepared by Papp Architects, P.C. Plan labeled A-202, entitled Elevations, dated September 16, 2014, prepared by Papp Architects, P.C.

2 Page 2 of 8 WHEREAS, the Applicant is seeking amended site plan permit approval for the construction of a new 7,334 square foot home on an existing vacant building lot within the Round Hill at Gifford Lake subdivision which was approved in the late 1980s; and WHEREAS, this project was referred to the Planning Board from the Residential Project Review Committee; and WHEREAS, proposed construction impacts of the revised site plan are similar to that of the previously approved site plan; and WHEREAS, proposed Town-regulated tree removal remains the same as compared to the previously approved plan; and WHEREAS, the ARB approved the new house design at the January 21, 2015 meeting; and WHEREAS, the 2.35-acre property is located in the R-2A (Residential 2-acre) district and is designated on the Tax Maps of the Town of North Castle as ; and WHEREAS, an Environmental Assessment Form (EAF) dated January 15, 2015 was prepared by the Applicant and submitted to the Planning Board for its review and consideration; and WHEREAS, the proposed action is a Type II Action under the State Environmental Quality Review Act (SEQRA); and WHEREAS, a duly advertised public meeting regarding the project was conducted on said application before the Planning Board on January 26, 2015, at which time all those wishing to be heard were given the opportunity to be heard; and WHEREAS, the Planning Board has requested, received and considered comments from the Town Attorney, the Town Engineer and Planner regarding the proposed development; and WHEREAS, the Planning Board is familiar with the nature of the site, the surrounding area and the proposed development; and WHEREAS, the requirements of the Zoning Ordinance and the Town of North Castle Comprehensive Plan Update have been met; and NOW, THEREFORE, BE IT RESOLVED, that the application for amended site plan approval as shown on plan labeled C-1, entitled Site Plan, dated January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C.; plan labeled C-2, entitled Tree Removal Plan, dated January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C.; plan labeled C-3, entitled Erosion and Sediment Control Plan, dated January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C.; plan labeled C-4, entitled Site Details, dated January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C.; plan labeled C-5, entitled Site Details, dated

3 Page 3 of 8 January 19, 2014, last revised December 22, 2014, prepared by Catizone Engineering, P.C.; plan labeled N-001, entitled Development Data, dated September 16, 2014, prepared by Papp Architects, P.C.; plan labeled A-101, entitled Foundation Plan, dated September 16, 2014, prepared by Papp Architects, P.C.; plan labeled A-103, entitled Basement Construction Plan, dated September 16, 2014, prepared by Papp Architects, P.C.; plan labeled A-104, entitled First Floor Construction Plan, dated September 16, 2014, prepared by Papp Architects, P.C.; plan labeled A-105, entitled Second Floor Construction Plan, dated September 16, 2014, prepared by Papp Architects, P.C.; plan labeled A-106, entitled Roof Plan, dated September 16, 2014, prepared by Papp Architects, P.C.; plan labeled A-201, entitled Elevations, dated September 16, 2014, prepared by Papp Architects, P.C.; and plan labeled A-202, entitled Elevations, dated September 16, 2014, prepared by Papp Architects, P.C., as described herein, be and are hereby conditionally approved, subject to the following conditions and modifications; and BE IT FURTHER RESOLVED, this amended site plan approval, pursuant to Section of the Town Zoning Code, shall be deemed to authorize only the particular use(s) shown on the approved site plan and shall expire if work is not initiated in accordance therewith within one (1) year, or if the use(s) for which site plan approval was granted ceases for more than one (1) year from the date of the issuance of the certificate of occupancy, or if all required improvements are not completed within eighteen (18) months of the date of this approval, or if all such required improvements are not maintained and all conditions and standards of this approval are complied with throughout the duration of the use(s). BE IT FURTHER RESOLVED, that, except as otherwise expressly amended herein, all other terms, provisions and conditions of the Planning Board resolution of approval adopted by the Planning Board on July 14, 2014 are incorporated herein by reference and shall remain in full force and effect. 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 applicant shall provide a copy of the Westchester County Department of Health (WCHD) approval for the proposed on-site wastewater treatment system and drilled well to the satisfaction of the Town Engineer. The Applicant shall supply documentation from the Health Department requesting fill and tree removal waivers within the septic expansion area to the satisfaction of the Town Engineer. The Applicant shall submit an analysis of maximum building height and maximum exterior wall height to the satisfaction of the Building Department. Maximum building height should be calculated from the average grade to the midpoint of the roof. Maximum Exterior Wall Height should be measured from lowest grade to the midpoint of the roof.

4 Page 4 of The Applicant shall submit a screening plan that contains plantings between the surrounding properties to the satisfaction of the Town Planner. Specific attention shall be paid to the property to the west by the planting of the areas between the tiered retaining walls. The applicant shall revise the previously approved Stormwater Pollution Prevention Plan (SWPPP) to include the revised site plans to the satisfaction of the Town Engineer. The project Architect referenced on the engineering plans shall be updated to the satisfaction of the Town Engineer. The plan shall provide adequate separation between Infiltration System #1 and the proposed retaining wall, to the satisfaction of the Town Engineer. The plan shall depict the pool equipment location and connection to the drawdown mitigation practice to the satisfaction of the Town Engineer. The applicant shall submit, as necessary and appropriate, final details to the satisfaction of the Town Engineer of site, final grading and storm drainage, utility connections, sight lines and curbing, parking, driveway and pavement specifications. Payment of all applicable fees, including any outstanding consulting fees. 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. Return of the Planning Board Notification sign in reusable condition with stand. If such sign is not returned as previously described a payment of $25.00 made payable to the Town of North Castle shall be required. 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 approved site plan and shall be signed by both the Planning Board Chair and Town Engineer. The Applicant shall demonstrate to the satisfaction of the Town Engineer that all required approvals from the Westchester County Health Department have been issued.

5 Page 5 of 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. Payment of all outstanding fees, including professional review fees. 5. All walls greater than four feet in height shall be designed and certified by a New York State Licensed Professional Engineer to the satisfaction of the Town Engineer. Prior to the Issuance of a Certificate of Occupancy: (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 the issuance of a certificate of occupancy, the actual construction, installation and implementation of all landscaping and wetlands mitigation measures 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 submission to the Town Building Inspector of an "As Built" site plan. Payment of all outstanding fees, including professional review fees. Other Conditions: 1. All initial pool fillings (after construction and repair) and all subsequent pre-season yearly pool fillings (not including water loss during the season) shall be completed using off-site trucked in water. In no circumstance shall the public water supply or a private well be used for initial pool fillings and/or pre-season yearly pool fillings. 2. All brush, grass clippings and miscellaneous debris in the wetland shall be removed from the site by hand without disturbing live vegetation. 3. With the exception of the improvements shown on the approved site plan, no construction or other land disturbance shall take place within any Town-regulated wetland area or surrounding regulated buffer area or area affecting Town-regulated trees. 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/or 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.

6 Page 6 of 8 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/or the 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/or 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. 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/or 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 and/or Town Engineer, 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 and/or Town Engineer, 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.

7 Page 7 of 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.

8 Page 8 of 8 APPLICANT, agreed and understood as to contents and conditions, including expiration, contained herein David and Nicole NORTH CASTLE PLANNING OFFICE, as to approval by the North Castle Planning Board Valerie B. Desimone, Planning Board Secretary KELLARD SESSIONS CONSULTING P.C. As to Drainage and Engineering Matters Joseph M. Cermele, PE Consulting Town Engineer STEPHENS BARONI REILLY & LEWIS LLP As to Form and Sufficiency Roland A. Baroni, Jr. Esq., Town Counsel NORTH CASTLE PLANNING BOARD Arthur Adelman, Chairman F:\PLAN6.0\RESOLUTIONS\RESO 2015\MANN.AMENDED.SITE.DOCX

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