PLANNING BOARD Arthur Adelman, Chair TOWN OF NORTH CASTLE WESTCHESTER COUNTY 17 Bedford Road Armonk, New York 10504-1898 R E S O L U T I O N Telephone: (914) 273-3542 Fax: (914) 273-3554 www.northcastleny.com Action: Amended Site Plan Approval Project Name: Applicant /Owner: David Designation: Section 2, Block 17, Lot 20.G-1 (108.03-3-28) Zoning District: R-2A (1-Family, 2-acre Minimum Lot Size) Location: 46 North Greenwich Road Area: 2.00-acres Original Approval : February 14, 2011 Amended Approval : Expiration : August 5, 2014 (1 year) WHEREAS, on November 26, 2012, applications for amended site plan approval was submitted to the Planning Board and the requisite fees were paid; and WHEREAS, the application consists of the following drawings: Plan labeled S-1, entitled Grading & Drainage Plan, dated July 16, 2013, prepared by John Woodruff AIA Architect. Plan labeled S-2, entitled Mitigation Plan, dated July 15, 2013, prepared by John Woodruff AIA Architect. Plan labeled S-3, entitled Tree Removal Plan, dated June 4, 2013, prepared by John Woodruff AIA Architect. Plan labeled S-4, entitled Planting Plan, dated June 4, 2013, prepared by John Woodruff AIA Architect. WHEREAS, the Applicant is seeking approval to modify the previously approved site plan and landscaping plan; and WHEREAS, the Applicant is proposing to amend the configuration of the previously approved driveway; and WHEREAS, the previously approved driveway and rear patio were proposed to be constructed of pervious pavers; and WHEREAS, the driveway was constructed with gravel and the patio was constructed with stone; and WHEREAS, the backup portion of the driveway and the rear patio are located within the Townregulated wetland buffer; and WHEREAS, the proposed material change would not require the issuance of an amended wetlands permit; and
Page 2 of 7 WHEREAS, amended site development plan approval is necessary because the Planning Board has continuing site plan jurisdiction over this property; and WHEREAS, pursuant to Section 213-22.2H(2)(b) of the Town Code, the applicant sent notice, by certified mail, return receipt requested, to all owners of neighboring properties within 250 feet if located in an R-3/4A or smaller minimum lot size zoning district and within 500 feet if located in an R-1A or larger minimum lot size zoning district for the May 30, 2012 meeting; and WHEREAS, the 3.58-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 Section 2, Block 17, Lot 20.G-1 (108.03-3-28); and WHEREAS, an Environmental Assessment Form (EAF) dated November 26, 2012 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, the site plan application was referred to the Westchester County Planning Board pursuant to 239-m of New York State General Municipal Law (GML) on December 26, 2012; 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 plans labeled Plan labeled S-1, entitled Grading & Drainage Plan, dated July 16, 2013, prepared by John Woodruff AIA Architect; plan labeled S-2, entitled Mitigation Plan, dated July 15, 2013, prepared by John Woodruff AIA Architect; plan labeled S-3, entitled Tree Removal Plan, dated June 4, 2013, prepared by John Woodruff AIA Architect; and plan labeled S-4, entitled Planting Plan, dated June 4, 2013, prepared by John Woodruff AIA Architect, as described herein, be and are hereby conditionally approved, subject to the following conditions and modifications; and
Page 3 of 7 BE IT FURTHER RESOLVED, this amended site plan approval, pursuant to Section 213-41 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 February 14, 2011, are incorporated herein by reference and shall remain in full force and effect; and 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.) 1. 2. 3. 4. 5. 6. The Applicant should provide a final closeout letter from NYSDOT to the satisfaction of the Town Engineer. Gross Land Coverage Calculations backup data should be submitted to the satisfaction of the Town Planner. 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.
Page 4 of 7 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. 2. 3. 4. The approved site plan and shall be signed by both the Planning Board Chair and Town Engineer. 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. Prior to starting any work in the wetland and wetland buffer the applicant shall contact the conservation board to schedule a site visit to carefully define the scope of work to be done, identify monitoring required and address any other items related to the stream channel, pond and wetland area. 2. There shall be no organic or inorganic chemicals (including, but not limited to, fertilizers, pesticides, herbicides and fungicides) deposited or introduced in the wetlands or wetland buffer area. To the extent any such deposits or introduction has occurred, it shall immediately be terminated. At the time of planting of the indicated trees or shrubs no fertilizers are to be used or added to the planting hole or top dressing. The use of biostimulants (such as but not limited to mycrorhizal fungi) not regulated by the New York State Department of Environmental Conservation may be applied as appropriate. Horticultural oils may be applied to trees and shrubs as part of a monitored Integrated Pest Management (IPM) program." 3. All brush, grass clippings and miscellaneous debris in the wetland shall be removed from the site by hand without disturbing live vegetation. 4. 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.
Page 5 of 7 5. 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. 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. 7. 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. 8. 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. 9. 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 runoff-producing 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. 10. 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.
Page 6 of 7 11. Compliance with all applicable local laws and ordinances of the Town of North Castle and any conditions attached to permits issued thereunder. 12. 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. 13. 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.
Page 7 of 7 APPLICANT, agreed and understood as to contents and conditions, including expiration, contained herein David 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, P.E. 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, Chair F:\PLAN6.0\RESOLUTIONS\RESO 2013\ZENG.AMENDED.SITE.WETLAND.STEEP SLOPE.TREE.DOC