Hilltop Associates 

SBL: 37.6-1-25
Location: Hilltop Road
Description: A 3 lot subdivision approved by Planning Board Res #08-02 on January 14, 2008.

Planning Board, 2-25-2019

Mr. Riina  referred to the existing easement as a “drainage” easement but said he did not know exactly what the text of the easement permitted, e.g., whether it could also be used for a new sewer line. When Mr. Riina advised the board that the applicant was waitng to address the Town Baord on the issue, Town Attorney Abbate, who was filling in as counsel to the board, said that he had never been asked about the easement. Mr. Savoca expressed reluctance to keep voting for 90 day extensions and Mr. Kincart asked Mr. Riina to get more information about the easement and the Town Board’s interest in the sewer plan.

In his continuing efforts to sewer his parcel, the applicant and his engineer, Joe Riina, presented a plan that would bring a sewer line up through a drainage easement off Sultana Drive and enable Hilltop and Elizabeth Rd houses to be serviced by a gravity sewer. The Hilltop owner would pay for a portion of the line. 

To be determined is whether the existing easement is limited to drainage or more broadly for “utilities” that would enable it to be used for a sewer line.  The board’s attorney will review the documents.

The plan would also need the approval of the Town Board.

In response to the applicant’s response for a reapproval of the original 2008 approval while he awaits a decision on sewers, it was pointed out that as a decision on the sewers might not be made for 1-2 years, the applicant might want to consider two other options: letting the 2008 approval based on a 2-lot subdivision with septics expire and reapply for a 3-lot subdivision if an when sewers become available, or proceed with the 2-lot subdivision now.

After considerable back and forth, the board decided to grant the applicant a 90 day reapproval of the 2008 plan.

The applicant’s engineer said there was still a possibly that the developer could connect to an existing sewer line on Sultana Drive via a town drainage easement but that the applicant said he had had difficulty getting the needed information about the easement and whether it could also be used for sewers.

The applicant is still waiting for the possibility of Hilltop being sewered; he said he was advised by the town engineer that the Ridge area that includes Hilltop, could be sewered within a year.  Mr. Tegeder said that given the number of extensions already granted, if the applicant has to come back in 90 days, a more in depth look at the application may be advised.  The board approved the second 90 day extension.  Susan Siegel, the person writing this summary, advised the board that based on her familiarity with the sewer issue, sewers for Hilltop weren’t likely for at least another 2-3 years.

The applicant is still waiting to learn whether Hilltop will be sewered. The board approved the first 90-day  extension.

The applicant is still seeking a sewer connection. The plan was reapproved.

Mr. Capellini advised the board that the applicant has not been able to get an easement from any abutting properties for a sewer connection  and is now polling residents on Hilltop Drive to see if they are interested in the applicant installing a public sewer line that would service the entire street.

Pending a resolution of the issue, the board granted a second 90-day extension.

During the “regular” session the board voted to grant a first 90-day time extension, with Mr. Capellini advising the board that there were other issues he wanted to talk about in the work session.  During the work session, he advised the board that the applicant was still trying to get an easement to the existing sewer system from either Yorkhill Rd or Sultana Drive so that the third lot could be developed. He said there was some interest from one homeowner but that the cost was substantial and the developer had to decide if it was worthwhile.  Mr. Kincart said he would like to see the third lot developed. The board gave the applicant more time to work out the possible easement.

Explaining that there are economic problems associated with doing a two lot subdivision, Mr. Capellini said the applicant was still trying to get a sewer easement that would  give the property access to the sewer line and make a third building lot possible. The board reapproved the subdivision but asked Mr. Capellini to have the applicant’s engineer provide the board with an update on the status of the easement negotiations.  Mr. Tegeder suggested that if there is no progress obtaining the easement, the board should consider approving the 2-lot subdivision.

The board approved a second 90-day extension. The applicant is trying to get an easement to an existing sewer line. If he does, he’ll be able to develop the third lot; if not, he’ll build only two houses. The transition to a new engineer is still in the works.

Planning Board, 6-13-2016

The board approved a first 90-day extension.  Mr. Capellini explained that the applicant has a new engineer and was trying to get a sewer easement that would permit the third lot to be developed. The preliminary approval shows the third lot as not being developed.

The applicant is seeking re-approval of the 3-lot subdivision originally approved in 2008. According to attorney Al Capellini, the applicant is in the process of hiring a new engineer and getting drawings transferred and is also negotiating with an abutting property owner for an easement that would allow the applicant to hook up to sewers which would make the third lot developable.  After a check of the records, it was determined that the earlier approval for the 3-lot subdivision was still in play and that the board had never formally changed the approval to a 3-lot subdivision with only 2 permitted  building lots.

The board voted unanimously for the re-approval.

Mr. Capellini, attorney for the applicant, explained that a new project engineer had been brought on-board and that the applicant is currently in negotiations over easements.  The Planning Board granted the requested extension.

The board approved a 90 day time extension

Mr. Capellini reported that the applicant “just needs more time”.  The extension was approved, but the wording of the resolution was changed to clarify that the project consists of two building lots and one conservation lot, rather than three building lots.

Two extensions were granted.  Mr. Capellini said he expected a revised plan showing the two lots, plus the third lot that will not be developed, will be ready for submission in September.

The Board approved a second 90 day extension while the developer submits a new plan based on the two building lots to the DEP.

Approved the new plan, a first 90 day extension and a tree permit. As a condition of approval, the applicant will submit a letter indicating that there are no new environmental impacts; if anything, the reduction of one building lot will reduce the environmental impacts.

The Board reviewed a proposed tree harvesting plan for the third lot with the goal of balancing the economics of the harvesting against protection of the wetlands and the likelihood that many of the trees are likely to fall on their own and that if they do, they could create an erosion problem.  The applicant will return in August for a public hearing on an amended subdivision plan, tree and wetlands permits.

Jack Goldstein, the applicant’s engineer presented a sketch of a revised subdivision plan that enlarged the backyard for one of the two lots. The Planning Board appeared not to have any problems with the revisions. Most of the discussion centered on the applicant’s desire to do tree harvesting on the third “not to be built” lot in conjunction with tree removal that will be required to build out the two lots; once the two lots are developed, the third lot will become landlocked and inaccessible. A number of trees on the third lot were damaged during Hurricane Sandy.

A revised plan for 2 lots was submitted that is based on the previously granted variances. However, Mr. Flynn and Mr. Tegeder expressed the opinion that the two remaining lots could be better situated now that the third lot was not going to be used as a building lot. For the applicant, the issue became one of not wanting to make any significant changes to the revised plan that would trigger another DEP review which would delay the approval further.  The applicant also wants to keep a third lot, noted on the plan as “not a building lot,” in the event the site is sewered and the lot can be developed.

The Board will consider the revised plan as an amendment to the already approved preliminary plat. This will give the applicant time to” tweak” the 2 lots and return to the Board.

Originally approved as a 3-lot subdivision, the applicant is now proposing a two lot subdivision on a cul d’sac at the end of Hilltop Rd. Because of the cul d’sac, the application now becomes a major subdivison. Because the applicant’s engineer is recuperating from back surgery, there has been a delay in submitting a final plat with the changes. When the plan is ready, it will be reviewed at a work session, possibly in April.

Planning Board , 1-14-2013

The Board postponed taking action on the request for re-approval of this modified 3-lot subdivision  as the applicant has not been able to submit a revised subdivision map.Planning Director Tegeder noted that as the original approval was 5-7 years old, the Board should not give a rote re-approval as there may be significant changes that would require a fuller presentation of the new plan and Board review, even if, he added, the number of proposed lots is being reduced from three to two and there will be less of an environmental impact.On behalf of the applicant, attorney Al Capellini said his client did not want to “start from scratch.”