TOWN OF NORTH CASTLE WESTCHESTER COUNTY 17 Bedford Road Armonk, New York

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1 TOWN OF NORTH CASTLE WESTCHESTER COUNTY 17 Bedford Road Armonk, New York PLANNING DEPARTMENT Adam R. Kaufman, AICP Director of Planning Telephone: (914) Fax: (914) To: Town of North Castle Planning Board Date: June 3, 2016 Subject: 470 Main Street Site Plan Approval [#16-021] As requested, we have reviewed the concept plan for the construction of a 14,435 square feet residential building containing 12 two and three bedroom units and the retention of the existing 1,400 square foot retail building at 470 Main Street. We have reviewed the following documents, which were submitted by the Applicant in connection with the above-captioned matter: Plan entitled 12 Unit Sketch Plan, dated April 18, 2016, prepared by Nathaniel J. Holt, PE. Plan entitled 14 Unit Sketch Plan, dated April 18, 2016, prepared by Nathaniel J. Holt, PE. Plan entitled 16 Unit Sketch Plan, dated April 20, 2016, prepared by Nathaniel J. Holt, PE. Procedural Comments 1. Pursuant to Section 7-3.A(6) of the Town Code, all site development plans submitted to the Planning Board are required to be referred to the Architectural Review Board (ARB) for review and comment. 2. The application for site plan approval requires referral to the Westchester County Planning Board pursuant to 239-m of New York State General Municipal Law (GML). This referral is required because the subject site is located within 500 feet of NY Route The Proposed Action would be classified as an Unlisted Action pursuant to the State Environmental Quality Review Act (SEQRA). The Planning Board will need to determine whether to coordinate the environmental review with other Involved Agencies. 4. A Public Hearing for the proposed site plan application will need to be scheduled. 5. The Applicant will need to receive approval from the NYSDOT for the proposed modified curb cut along Main Street. 6. The site plan should be 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.

2 7. The plans should be forwarded to the Sewer and Water 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 changed amount of effluent and water demand. General Comments 1. Only the 12-unit plan is below the maximum permitted FAR. Both the 14-unit and 16-unit plans are above the maximum permitted FAR of 0.4. If the Applicant is to pursue the 14- or 16-unit plan, the Applicant will need to seek a FAR variance from the Zoning Board of Appeals. 2. Principal uses in the CB Zoning District are governed by the CB-A zone by reference. The CB-A zone states that multifamily dwellings located on the first floor require the issuance of a Town Board special use permit. Therefore, the Applicant will need to obtain a special use permit from the Town Board to permit the apartments on the first floor. In addition, accessory uses in the CB Zoning District are governed by the CB-B zone by reference. The CB-B zone states that residential uses, limited to 1 dwelling unit per building are permitted; however, additional dwellings may be permitted by special permit. Therefore, the Applicant will need to obtain a special use permit from the Town Board to permit the additional proposed apartments in the building. Pursuant to Section of the Town Code, the Town Board must determine that: a. The location and size of the use, the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located. It is noted that the property is located within the CB Zoning District. Within close proximity are commercial and residential uses. The Town Board will need to determine that the proposed first floor apartments and additional apartment unit uses are compatible with surrounding uses. The proposed 14 unit and 16 unit site plan for the project do not comply with the maximum permitted FAR for the property (see general comment 1). The Applicant will need to demonstrate, to the satisfaction of the Town Board and Zoning Board of Appeals, that the proposed FAR associated with the 14 unit and 16 unit plans are acceptable and appropriate. 2

3 b. The location, nature and height of buildings, walls, fences and the nature and extent of existing or proposed plantings on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. It is noted that the proposed additions appear to be compatible with the surrounding neighborhood. c. Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics than would be the operations of any permitted uses not requiring a special permit. It is noted that the proposed apartment uses would not appear to generate any significant noise, fumes or vibrations. d. Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum convenience and safety. The proposed site plan for the project does not seem to provide adequate off-street parking (see general comment 3). The Applicant will need to demonstrate, to the satisfaction of the Town Board and Zoning Board of Appeals, that the site contains adequate off-street parking for the proposed uses. e. Where required, the provisions of the Town Flood Hazard Ordinance. The Applicant will need to demonstrate compliance with the Town Flood Hazard Ordinance. f. The Board finds that the proposed special permit use will not have a significant adverse effect on the environment. The Town Board will need to determine whether the proposed project will, or will not, have a significant adverse effect on the environment. 3. It appears that adequate off-street parking can t be met with any of the submitted scenarios (other than all AFFH 12-unit project). The Applicant will need to revise the plan to provide additional off-street parking or secure a variance from the Zoning Board of Appeals. 4. The Applicant should submit floor plans and elevations of all sides of the proposed building for review by the Planning Board. 3

4 5. The proposed residential building does not contain private outdoor space provided through the use of decks, terraces or patios. It is recommended that the design be modified to provide this feature. 6. The Applicant will need to submit lighting and photometric plans for review. 7. The Applicant will need to submit a landscaping plan for review. 8. The site plan should be revised to depict a dumpster and dumpster enclosure area as well as all necessary details. 9. The Applicant should give consideration to providing a fence along the southern property line adjacent to the CVS shopping center. 10. It is recommended that the existing asphalt sidewalk along the property frontage be upgraded to concrete. In addition, it is recommended that some improvements consistent with the streetscape along Main Street be provided on the site plan. 11. The Applicant will need to submit plans that will permit the Planning and Building Departments to verify the submitted floor area calculations. It is requested that the Applicant submit plans that graphically depict the areas counted toward the gross floor area calculations as well as include a chart of the calculations performed (tied to the graphic plan), which together can be used to verify the submitted calculations. 12. Pursuant to Section H of the Town Code, the site plan shall be revised to provide at least one tree, not less than three inches caliper at time of planting, within the parking area for each 10 parking spaces. The site plan should be revised to demonstrate compliance with the Town Code. 13. The site plan should be revised to provide two off-street handicap parking pursuant to Section N of the Town Code. 14. The Applicant will need to provide a parkland reservation or recreation fee pursuant to Chapter 225 of the Town Code. The recreation fee is $1,000 per dwelling unit for the AFFH units and $3,000 per dwelling unit for the market rate units. 15. The plans should be revised to indicate which units will be market rate units and which units will be AFFH units. In addition, the Applicant should indicate if the units will be rental units or sales units. 16. The proposed AFFH units are required to be distributed in the same proportion as the market rate units. 17. 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. 4

5 18. 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. 19. 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. 20. 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. 21. Pursuant to Section I.6 of the Town Code, the Applicant will need to demonstrate that the proposed AFFH units meet the minimum size requirements of the Town Code. 22. The site is adjacent to wetlands that are regulated by NYSDEC and the Town of North Castle. The Applicant should flag the wetlands and have the flags verified by the State and Town. It appears that a wetlands permit will be required from both agencies. 23. It appears that the site contains a portion of the 100-year floodplain. The floodplain should be depicted on the site plan. A floodplain development permit may be necessary. 24. The submitted EAF indicates that the site is location in an archeologically sensitive area. The Applicant should perform a Phase 1 report for review. 25. The submitted EAF indicates that the site may contain threatened or endangered species. The Applicant should provide additional information with respect to this topic. Adam R. Kaufman, AICP Director of Planning f:\plan6.0\memos\2016\ ark.docx 5

6 Aerial View of Site 6

7 Streetview of Site 7