Wampus Mills Subdivision, Tree Removal Permit and Steep Slope Permit Approvals [#14-103]

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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: May 6, 2016 Subject: Wampus Mills Subdivision, Tree Removal Permit and Steep Slope Permit Approvals [#14-103] As requested, we have reviewed the application for a six lot subdivision of the existing acre parcel located within the R-1A Zoning District. The site currently contains a single-family residence, which is proposed to be removed. New single-family residences are proposed to be constructed with all lots served by public sewer and private wells. We offer the following comments based on the following submitted plans: Plan entitled Preliminary Wampus Mills Subdivision, dated April 22, 2016, prepared by Thomas C. Merritts Land Surveyors, P.C. Document entitled Phase I Cultural Resources Survey, dated March 2016, prepared by Historical perspectives, Inc. Procedural Comments 1. The Town Board recently approved an amendment to the Town Comprehensive Plan to change the Comprehensive Plan Town Development Plan Map for lots and 7 from Semi-Rural Density to Suburban Residential Density. 2. The Town Board recently approved the rezoning of lots and 7 from the R-2A to the R-1A Zoning District. 3. The Applicant obtained, on April 27, 2016, Town Board approval for an extension of Sewer District #2 to include lots , 9, 10, 11, 22, 23 and 24 & lots and The Proposed Action would be classified as an Unlisted Action pursuant to the State Environmental Quality Review Act (SEQRA). 5. A Public Hearing for the proposed subdivision application will need to be scheduled.

2 6. 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, emergency vehicle access or any other issued deemed important to providing emergency services. 7. The Applicant will need to obtain approvals for the proposed new road curbcut from the New York State Department of Transportation. 8. The site plan was forwarded to the Sewer and Water Department so that they may make any pertinent recommendations to the Planning Board including, but not limited to, sewer capacity or any other issued deemed important to providing sewer service. General Comments 1. The site is currently a 10-acre property with an existing home nestled within a forested area with steep slopes adjacent to NYS Route 128. We recommend that any subdivision plan be designed in a manner that results in preservation, to the maximum extent practicable, of all existing sensitive environmental features, including specimen trees and Town-regulated steep slopes. 2. The preliminary plans depict 12,774 square feet of Town-regulated steep slope disturbance. Based upon the submitted plans, the Applicant has attempted to avoid impacting the majority of Town-regulated steep slopes found on the property. However, it appears that there are opportunities to further reduce Town-regulated steep slope disturbance by adjusting the potential house locations on proposed Lots 1 and 2. The Planning Board will need to determine whether the proposed amount of Town-regulated steep slope disturbance is acceptable. 3. The preliminary plans depict the removal of 222 Town-regulated trees, 6 of which are Town-regulated Significant Trees. Town-regulated tree removal is limited to the road, stormwater infrastructure, driveways, house and reasonably sized yards. It is recommended that the Applicant investigate relocating the stormwater basin so as to preserve additional vegetation along NYS Route 128. The Planning Board will need to determine whether the proposed amount of Town-regulated tree removal is acceptable. 4. The proposed subdivision depicts a typical conventional subdivision layout that impacts Town-regulated steep slopes and Town-regulated trees. Given the proposed amount of disturbance to environmentally sensitive lands, it is recommended that the Planning Board, pursuant to Section of the Town Code, require the submission of a conservation subdivision plan. By implementing a Conservation Subdivision, the Applicant may be able to construct the desired number of homes with recreational amenities and still protect all or a significant amount of environmentally sensitive land. The Planning Board will need to determine whether the Applicant will be required to prepare a Conservation Subdivision plan for review. 2

3 5. It is noted that the property is not served (nor proposed to be served) by public water. In an effort to provide adequate fire protection, it is recommended that the Planning Board require the installation of a cistern adjacent to the proposed right-of-way for fire department use. 6. The IPP should be revised to depict the preservation or removal status of all existing stone walls. 7. The proposed project is located within an Archaeological Sensitive Area. The Applicant has prepared a Phase I Cultural Recourses Survey. The survey did not find any precontact artifacts and no evidence of charcoal or other resources associated with potential precontact sites. 8. Pursuant to Section of the Town Code, the Planning Board may require that the subdivider reserve, clear, grade, pave and otherwise improve an area of such size and location as will provide a safe and suitable place for the use of children awaiting school buses. 9. Pursuant to Section of the Town Code, the plat should be revised to be entitled Preliminary Plat. 10. Pursuant to Section B of the Town Code, the plat should be revised to depict the total acreage of the proposed subdivision. 11. Pursuant to Section B of the Town Code, the plat should be revised to depict the names of owners of record of properties directly across the street from the proposed subdivision. 12. Pursuant to Section of the Town Code, the proposed new street should be provided with pavement, sidewalks, curbs, gutters, streetlighting, street signs, street trees, water mains, sanitary sewers, storm drains, fire alarm signal devices, fire hydrants and other utilities. It is noted, however, that the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and welfare. The Planning Board should discuss which features should be provided on the new street. 13. Pursuant to Section of the Town Code, the proposed plat should be revised to state that all new lots will be provided with underground utility service. 14. The proposed subdivision will create four new single family residential building lots. The Planning Board will need to determine whether the proposed addition of four new single-family lots will contribute to the existing unmet need for additional park and recreational facilities in the Town and whether the recreation need can or cannot be met on the subject property. If not, the Planning Board may find that the best interests of the Town and future residents of the proposed subdivision will be better served by requiring 3

4 a cash payment to be earmarked for park, playground and/or other recreational purposes. In that case, the applicant would be required to submit payment of the recreation fee in the amount of ten-thousand dollars ($10,000) for each new building lot, for a total of $40,000 as stated in Section of the Town Code. 15. The Applicant should submit documentation that the offered deed restriction prohibiting any subdivision in excess of 6 lots has been recorded. In addition, the plat map, when submitted, should contain a note prohibiting the subdivision of the property into more than 6 lots. 16. The zoning table on the IPP should be revised to remove the PROPOSED R-1A zoning designation as the property is now within the R-1A Zoning District. 17. The Applicant should submit a permanent drainage easement agreement, in recordable form satisfactory to the Town Attorney, providing for the proposed drainage easement depicted on Proposed Lot 6. F:\PLAN6.0\Memos\2016\ ark.docx Adam R. Kaufman, AICP Director of Planning 4

5 Aerial View of the Property 5