Ianuzzi Subdivision

SBL: 47.15-1-15 & 16

Discussion Subdivision

Location: 1189 Baptist Church Road

Contact: Site Design Consultants

Description: Proposed re-subdivision of the existing 3 lots into 4 lots with request to utilize the Town's flexibility standards.


Planning Board, 6-11-2018

The board reapproved the subdivision. Mr. Riina said that the applicant is in the final stages of getting several legal documents reviewed and approved.

Planning Board 4-9-2018

Both the applicant and the board were unclear as to why the town engineer sent a recent memo questioning several aspects of the plan ranging from survey issues to stormwater. The board saw no reason why it should revisit engineering issues that had been reviewed and resolved by the previous acting town engineer when it previously approved the subdivision plan.  Maintaining the stormwater facilities will be the responsibility of each homeowner; Mr. Kincart asked that the maintenance for the on-site culvert be added to the homeowners’ responsibilities in order not to create runoff onto Baptist Church Road.

Planning Board, 3-12-2018

The board approved a second 90-day extension while the applicant finalizes legal issues. (The first 90-day extension was retroactive; this one was current and going forward.)

Planning Board, 2-26-2018

The board approved the first 90 day time extension pending final approval of legal documents, including the maintenance agreement.

Planning Boad, 5-22-2017

The project has been delayed due to the death of the applicant’s surveyor and the need to hire a new one. In light of the delay, the board reapproved the subdivision.

Planning Board, 3-13-2017

With the applicant still waiting for Department of Health approval, the board approved a second 90-day extension. Mr. Capellini advised the board that he may have to come back for an additional extension due to the death of the applicant’s surveyor and the need to hire a new person.

Planning Board, 12-19-2016

The board approved the first 90-day extension on the subdivision. The applicant is awaiting Department of Health approval.

Planning Board, 6-13-2016

The board voted to approve the subdivision, with conditions, after it was clarified that the trees to be cut down to accommodate the two new houses on the site will be marked on the plan before it is filed and that the town engineer’s concerns about the SWPPP will be addressed; he said he had no problem with the plan’s concept but that there were some details that remained to be worked out.   A landscape plan will not be needed for the site.


Planning Board, 5-23-2016

Mr. Capellini has drafted some of the required easement agreements; they need to be reviewed by the board’s attorney. A June 13 vote is anticipated.

Planning Board, 5-9-2016

The board opened and closed the hearing, leaving open a 10 day written comment period.  The town engineer and Bruce Barber are still doing their technical review.  Based on a previous discussion, it was agreed that the applicant did not have to do a tree survey.  

Planning Board, 4-11-2016

The applicant showed the board a revised plan calling for a 4-lot subdivision using the town’s flexibility standards where 3 lots had originally been proposed.   A May public hearing will be scheduled.

Town Board, 12-15-2015

The board opened and closed the hearing on the use of flexibility standards with the only speaker being the applicant. The board voted unanimously to approve the use of flexibility.

Town Board, 11-24-2015

Al Capellini, attorney for the applicant, explained the advantages of the flexibility option. The board had no problem with the request and voted to set a public hearing on December 15th.

Planning Board, 10-5-2015

As requested by the Fire Marshall, the shoulders of the driveway will be compacted so as to support emergency vehicles.  Mr. Tegeder asked that rock ledges be shown on the plans as they could affect the siting of proposed buildings.  The applicant will send a letter to the Planning Board asking it to officially support the request to the Town Board for consideration under Flexibility Standards.    

Planning Board, 9-21-2015

Public Informal Hearing

The site currently has 3 lots with 3 residences and assorted garage structures.  The proposal is to amalgamate the lots and re-subdivide into 4 lots using the Town’s flexibility standards.  As required, the applicant showed the layout for a conventional 4 lot subdivision.  The site can easily accommodate 4 lots in this R1-60 zone, but a conventional subdivision requires an access road built to Town specifications, which would detract from the rural character of the site, is at odds with the site’s topography and would require the removal of some structures.  Under flexibility standards, the road would not have to be a standard town road, although it would be improved to meet code standards for emergency vehicle access.  The proposal is for 4 lots, one existing house would be removed and replaced, 2 existing houses would remain and one new house would be built.  DOH approval is required for the septic systems and wells.

Public Questions and Comments:

Ed Ciffone, Yorktown resident, asked about increased tax burden generated by the proposed project.  The Planning Board responded that obviously someone’s taxes would go up since two new residences would be built.

The Public Informational Hearing was closed.   

Planning Board, 8-24-2015

The applicant met with the Building Inspector and altered the design of the site’s long common driveway to met code requirements for emergency vehicle access.  These include widening, providing pull out areas, regrading and providing a turn around area.  The Building Inspector also asked that the side, rear and front yards of the existing houses be specified to facilitate review if/when homeowners come in for improvement permits in the future.


Mr. Flynn asked about the possibility that the access road might be paved in the future and what would be the run off consequences.  Mr. Ianuzzi plans to keep the gravel and also has no plans to sell any of the lots.  Just in case the property is sold and the new owners decide to black top the driveway, Mr. Riina, project engineer, will take a look at potential run off.


The project hasn’t been before the Town Board for approval of the flexibility standards.  A Public Information Hearing was set for September 21, 2015


Planning Board, 6-22-2015

Houses on each of the  existing three lots date back 25 years, but now the applicant wants another house and lot under flexibility standards.  Mr. Fon commented that the main house blends seamlessly with its environment.  The Planning Board’s main concern is the site’s access road.  The main lot has several accessory buildings, which the applicant says are just for storage, however  Mr. Tegeder pointed out that the uses of these building be specifically defined because their use determines the requirements of the access road.  In order to accommodate emergency vehicles, Town code requires long access roads be wider and have turnarounds and pull over areas.   Mr. Tegeder suggested the applicant consult with the Building Inspector about how these code requirements apply to his project.  The applicant maintained that in the past 25 years the three houses have experienced a variety of emergency situations and the access road has been perfectly safe and functional for emergency vehicles.  He vigorously insisted that the houses were built entirely compliant with Town code.  Mr. Fon assured the applicant that the Board was not questioning his integrity and pointed out that each new application triggered a review under the current code, which might have different and/or more rigorous requirements.