Note: Click here for legislative issues, including zoning, that were discussed prior to July 2020.

Planned Design District Overlay Zone

Town Board, 12-8-2020

Mr. Tegeder briefly walked the board through draft standards for a proposed Yorktown Heights district. The standards would add a new section to the Design District Overlay law passed  in November.  The standards included permitted uses, bulk regulations, design elements, density, signage, parking and concern for unique buildings  A draft map outlining the boundaries of the proposed district was presented.  There was no discussion of the standards.


The Planning Department is also working on standards for Jefferson Valley.

Town Board, 11-5-2020

Before the board voted 4-1 to adopt the addition to the law, and in response to comments from Susan Siegel, the person writing this summary, during Courtesy of the Floor, Councilwoman Roker expressed concern about the lack of specific boundaries and design standards for the three proposed overlay districts. Addressing Ms. Roker’s concerns, Mr. Tegeder advised the board that the Planning Board would not be able to process an overlay application until the Town Board adopted specific boundaries and standards for each district and that the law would not go into effect until those additional actions were taken.


Councilman Patel said he supported the law’s concept but wanted to see the standards before voting for it.


Supervisor Slater, explaining that the law was a first step in the process of interesting NYC firms to relocate to Yorktown, added that it would take time to customize the standards for each district.

Town Board, 10-20-2020

The board opened the public hearing on the law. Mr. Tegeder explained the law’s goals. In response to comments from the county Planning Department that postponing text about boundaries and standards for the overlay districts constituted illegal segmentation , Mr. Tegeder dismissed the comments noting that it was more efficient and manageable to postpone those issues until later.  He also dismissed the county‘s recommendation that the law include a provision dealing with affordable housing on the grounds that that issue could/would be dealt with in a future affordable housing law.

It was noted that the Planning Board supported the legisation but that the provision granting the board the authority to implement the overlay zone needed to be clarified so that the board had the discretion to apply the overlay zone only when it deemed it was appropriate and that an applicant was entitled to the more flexible overlay provisions “as of right.”   


Speaking for the Chamber, Serge Esposito said his group supported the law and that it would tell developers that the town is ready to consider their proposals.  Supervisor Slater reiterated this point noting that other towns are acting to attract new developments and that the conversation has to start somewhere He said the law, as writet6en, would act as a catalyst.


Susan Siegel, the person writing this summary, said she supported the concept imbedded in the law but that a law that was just a concept and dealt with just with intent wasn’t adequate. She said that in order for the law to be meaningful it had to include boundaries and standards for each overlay district.


The board closed the hearing.

Planning Board, 10-5-2020

Mr. Tegeder advised the board that the intent of the law was to provide flexibility in design, uses and dimensional requirements.  He said that the draft  legislation was “organizing language” and that standards for the three potential overall districts would be written later.  He added that the legislation was needed to be able to capture proposed new development projects from companies that might be leaving New York City.


The board had no comments on the proposed legislation. Mr. Tegeder will draft a memo for the Town Board that the Planning Board will review before submitting.


(See also discussion of proposed Americo Realty subdvision)

Town Board, 9-8-2020

Supervisor Slater advised the board that his office has fielded several calls about the proposed new districts and that the board should proceed to adopt the proposed changes to the zoning code. He did not offer any specifics about the calls. The board advised Mr. Tegeder to put his draft into legislative form so that it can be referred out at the board’s next meeting.

Town Board, 7-28-2020

Mr. Tegeder walked the board through a proposed new overlay zone that would, for the present, cover the Bear Mountain Triangle area, Lake Osceola and the eastern end of the Shrub Oak hamlet. The district would not change the current zoning in these areas but would grant the Planning Board greater flexibility in reviewing site plans, like changes in density, setback requirements, lot coverage, etc. The overlay zone would also give the Planning Board the ability to offer incentives to developers for these parcels.  Mr. Tegeder explained that the overlay concept was based on recommendations in the Comprehensive Plan.  Most of the board’s questions were about the Lake Osceola district.

The board voted to refer out the proposed law for review.

Battery Storage Law

(Click here for prior summaries leading up to the adoption of the law.)

Town Board, 9-15-2020

Without any discussion, the board adopted the law.

Zoning issues

Tracer/Kitchawan Road

In 2017, the Town Board approved a change to a transitional zone to permit the digital printing company to repurpose the building once used by the Brooklyn Botanical Gardens. (See Town Board, 4/28/2017 for a description of the project and Town Board 11/14/17 for the approving resolutions. Click here and scroll down to "Kitchawan" for addtional meeting summaries.) By the terms of the 2017 resolution, the company needs Town Board permission to expand an existing storage building. The applicant presented a site plan and a video showing the existing site. Based on the board’s favorable response to its presentation, the applicant will now submit a formal application to amend the previously approved site plan.