Hearthstone Minor Subdivision

SBL: 17.18-1-8
Public Informational Hearing

Location: 3138 Hearthstone Street
Contact: John Annicelli, Esq.
Description: Proposed to subdivide a one acre parcel into two building lots both to be serviced by public water and sewer lines.

Planning Board, 10-16-2017

Withdrawn from agenda at applicant’s request.


Planning Board, 9-11-2017

The applicant said he had resolved issues with the water and fire departments. (A driveway has been “opened up” to provide a turnaround for the fir trucks.) The county DOH was okay with the planned private 8” sewer line.

The applicant has also completed a tree survey.


The board briefly touched on an access issue that was raised in an email and a Gomer Street resident’s phone call to Mr. Tegeder. The board dismissed the residents’ concern noting that the issue had already been vetted and that the board did not see any merit in the residents’ concerns. The board did, however, advise the applicant to address the access issue at the October public hearing and explain why the residents’ suggestion was not an acceptable.

Planning Board, 6-12-2017

The applicant provided a summary of the proposed project and in response to comments from Mr. Tegeder, it was clarified that, to date, the applicant has not received any comments from the county.  Three neighbors spoke in opposition to the proposed subdivision with one person questioning the need for the applicant to provide an accurate survey. In response, Mr. Fon advised the neighbors that more detailed information would be available at the formal public hearing later in the approval process. Mr. Tegeder explained that the maintenance agreement for the private road would be part of the deeds for the two houses and would not involve the town. The hearing was closed.

Planning Board, 5/8/2017

For the proposed 2 lots, the applicant is proposing two separate water lines along the road (what he said the Water Department wanted), plus a private sewer line. The sewer line would pass by two existing houses on septic and would be a private line; the property is in the Peekskill Sanitary Sewer District.  The applicant explained that one of the two existing houses did not want to hook up to the sewers even though he was paying a sewer tax. Mr. Fon explained that while more than 2 connections would require a public sewer, he advised the applicant to speak to the county as he did not think the county would be supportive of the “private” line. He said that in the event the homeowner’s septic system failed he would be required to hook up. Mr. Tegeder suggested that the town make a formal referral to the county regarding the proposed private sewer line. In the meantime, it was suggested that the applicant speak to the town engineer who used to work in the county’s Environmental Facilities department. The applicant also stated that as the existing property owners on the street weren’t interested in signing a maintenance agreement but that by deed they would require the two new houses to maintain the entire length of the road. 


There was also some concern that that the proposed 12’ private road was not consistent with what the board had requested on another minor subdivision on a private road, although it was said that the circumstances of the two road was different.

Planning Board, 11/7/2016

The applicant indicated that he had a 20’ easement, although it wasn’t clear if the easement was just for utilities or also included ingress and egress; this needs to be clarified. The easement is not shown on the plat but the applicant said it was in the deed.  The board appeared willing to consider the subdivision plan as long as the easement issue is clarified but indicated that it would also require a maintenance agreement if the road remained private. If the road is built, it will also open up the possibility of two additional houses along the road.  The board also wants input from the fire commissioners. The applicant indicated that if the widening of Heathstone didn’t work out, he could provide access for one house to Gomer and the rear lot to Hearthstone St.


Planning Board, 5/23/2016

The overriding issue appears to be whether the board will consider approving two new lots on a substandard road on which some houses already exist. The applicant explained that the existing right of way easement (or deed language) was for 16’ which the board indicated would not be adequate to safely accommodate two new houses. At the board’s suggestion, and to avoid the applicant “spinning his wheels,” the applicant will contact the existing homeowners on the road and gauge their interest in 1) making more land available for a wider road, and 2) their interest in paying to upgrade the “new’ road.  The applicant was also advised to check with the Fire Inspector regarding its access requirements and what would be the minimum necessary road upgrade, and its cost.


Planning Board, April 25, 2016

The applicant wants to subdivide a one acre lot into 2 lots and wanted guidance from the board on two possible options for ingress/egress. One would be for both houses to use an existing right of way off Homestead; the second would be for one house to use Homestead and the second a right of way that would exit to Gomer Street. The board will make a site visit.