January 28, 2013
(Due to inclement weather, the CIY observer was not able to attend the meeting. The following summary is based on the Planning Board’s own draft minutes.)
Attending: Rich Fon, John Flynn, John Savoca, Darlene Rivera,John Kincart
1. Trump Park
(See January 14, 2013 meeting summary.) Planning Director Tegeder will ask the owner to attend the next meeting to discuss the removal of the temporary sales office.
2. Cseryini house (Loder Road)
Because an unapproved 4 foot deck encroaches on an easement which is holding up the sale of the existing house, the applicant wanted to know if a new plat had to be filed or the language of the existing easement, which was never filed, should be changed. The applicant will file the original easement, prepare a revised easement and prepare a map with existing conditions before returning the the Board.
3. Yorktown Farms, Lot 20
(See February 13, 2012 meeting.) Dan Ciarcia, project engineer, requested the Board’s approval to modify setback requirements on one of the 22 approved lots. As the change may impact the abutting wetlands, Planning Director Tegeder asked that the limit of disturbance to marked. The Board approved the change.
4. Staples Plaza - Planet Storage
The applicant has met with ABACA and the Conservation Board and comments from both groups are being incorporated into the plan. It was noted that the sidewalk requested by Ms. Kutter at the last meeting already existed. The applicant has submitted a landscaping plan and will be submitting a lighting plan as well as meeting with a representative of the DEP. The importance of the existing pine trees along the lot line as the important scenic view was noted. A Public Informational Hearing will be held on February 11.
5. Emerald Hills Subdivision (Kitchawan Road)
The revised plan calls for a 6 lot subdivision on septic systems, instead of the originally proposed 11 lots on a 30.88 acre parcel in an R1-80 zone. The applicant will review the possibility of asking to use the Town’s flexibility standards. The site includes an existing house and barn which will remain. In response to Mr.Tegeder’s question whether there would be a Home Owners Association or maintenance agreement to maintain the road, the applicant’s engineer said there would be one. Mr. Tegeder also reminded the applicant about the Town’s recreation requirements and the options that should be reviewed; the Recreation Commission will decide if active recreation is appropriate. The applicant and the Board will discuss all the options available.
6. Lake Osceola Realty Corp.
The applicant’s representatives and Mr. Tegeder will be meeting with the DEC tomorrow to go over the latest plan which differs from the one the DEC originally reviewed. At issue are 4 parking spaces adjacent to the wetlands and the public access trail through the wetlands. Mr. Tegeder said he would like to see signage so that the public was aware of the access to the lake; he will defend the public access issue at the meeting with the DEC.
Mr. Tegeder expressed some concern about the building’s layout which has been designed for a specific tenant (Mt. Kisco Medical Group). He is also reviewing the lighting plan.
The issue of whether the developer would be making a $40,000 cash contribution to the Town come up briefly but the Planning Board was unaware of the offer and it wasn't addressed. (Note: in earlier discussions that were never fully reviewed by the Planning Board, certain Town officials had suggested that as part of the project's mitigation plan, the applicant might spend a sum of money to alleviate an off site floording issue.)
7. Creative Living Development (Navajo Fields)
Existing conditions related to request to amend existing wetlands and excavation permit
Joe Riina, project engineer stated the Building Inspector has to do a test on the tents and has to issue a CO before other work can be completed. When Mr. Fon expressed concern that the greenhouse was being used without a CO, Al Capellini, the project’s attorney said that if applicant cannot get the CO, he cannot fix the problems. Mr.Tegeder said he felt that if the Town Board issues a TCO, the applicant will again be rushing to get the overall plan completed by next October and he asked what the applicant planned to do when the TCO expires. In response, Mr. Riina said that the overall plan is a large undertaking, with supported domes over both fields. The Board will send a memo to the Town Board requesting that the Town Board not allow occupancy until the TCO is obtained.
Mr. Tegeder said the Board had no problems with the applicant resuming work on the dugouts.
Site plan for dome (a separate pending application)
Mr. Riina stated that the overall plan includes supported domes over both fields and a building with basketball courts and a hockey rink. In response to Mr. Flynn’s question whether the end game would allow the applicant to remain non-profit, Mr. Capellini stated the ultimate plan is to become a profit organization. Mr. Flynn also asked when the site will be rezoned, and when does this change from a nonprofit to a profit. Tegeder stated with only the dugouts and two greenhouses the site can remain nonprofit, in an R1-20 as a private park as of right and Mr. Capellini stated the applicant will exceed the private park use with the installation of the Dome.
It was also noted that the applicant has to go to the DEC.