Planning Board

January 28, 2019


Attending: John Kincart, John Savoca, William LaScala, Richard Fon, Robert Garrigan




1.  Hilltop Service Station

During the correspondence portion of the meeting, Mr. Fon referred to a letter asking the Planning Board to enforce the conditions in the approved site plan. Mr. Fon explained that the enforcement of site plans is up to the Building Department and he asked Mr. Tegeder to follow up on the issue.


2. Stahmer minor subdivision, Birdsall Drive

Rescheduled for February 25th meeting


3. BJ’s/Propane filling station

Rescheduled for February 25th meeting


4. 2040 Greenwood Street/Public hearing

In a presentation, the applicant stated that the proposed new building and landscaping would be an improvement over the current site, that it would not negatively impact neighboring property values, and that the traffic generation  (about 10-15 trips in peak hours) would be nominal. The site is split between two zoning districts: R1-40 (one acre) and C-4 although the opposite side of Greenwood Street is zoned R1-40.


The major issue during the hearing was how the site’s stormwater runoff would be handled. Several Greenwood Street property owners talked about current drainage problems on the street that have been getting worse. The street is in a floodplain. The applicant explained that the runoff from the portion of the site that will be disturbed for the new construction will not exceed what currently runs off from the site. Runoff from the remaining undeveloped portion of the site that flows towards Route 35 and comes down the hill from BOCES and the town owned parcel will be unchanged.


The proposed area of disturbance is in the wetland buffer; there is no encroachment into the wetland (except for a couple hundred square feet at the bottom of the driveway), although the applicant will undertake an invasive species removal management plan in the wetland that will be monitored for 3-5 years.


The applicant’s traffic study includes recommendations relating to cutting back vegetation at three locations, plus some signage at the intersection of Greenwood Street and Veterans Road.


The proposed tenant is expected to be Goldberg Plumbing, but residents of the area remained concerned about  traffic impact if at some future time a different tenant leases the building.


Commenting on the proposed landscape plan, area residents expressed concern that it would take a long time for the planned trees and shrubs to grow.


Because of a deficiency in the required mailing, the hearing was adjourned.




5. Hilltop Associates, Hilltop Drive

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.


6. Spirelli subdivision, Buckhorn Street

(See Planning Board 12-3-2018. Note: In earlier CIY summaries the subdivision was incorrectly shown as "Spinelli.") The board’s attorney advised the board that based on the 1985 ZBA decision, the property cannot be subdivided. But he also questioned whether that condition was enforcement.  Mr. Tegeder noted that as the ZBA decision dealt with the density of the site, it should not be ignored and he suggested, and the board agreed, that a letter be sent to the ZBA asking it to vacate that condition.


7. Silverman minor subdivison, Williams Drive

(See Planning Board 1-14-2019.) The applicant explained that the parcel that was supposed to be deeded to the town was never filed and that she has been paying taxes on it. She added that in the intervening time, the Highway Department has constructed a hammer head turnaround on the parcel.  


The board has no problem amending the subdivision plan and discussed various ways it could be accomplished with minimal cost to the property owner. After considerable back and forth, it was decided that the most cost efficient option was for the parcel to be deeded to the town that would be followed by a lot line adjustment.  Before this can be done, however, the board needs input from the Highway Department on exactly what area it needs and also exactly what area the abutting property owner wants.


8. 975 Sunset Street/Wetlands mitigation

The property owner was issued a violation notice for doing work without a tree or wetlands permit and when he applied for a permit after the fact, he was charged $3,600 (the permit fee is double the regular amount if applied for after the work has been done.)  The owner’s attorney, Michael Grace, advised the board that if a violation had occurred, it should be dealt with in town court, not at the Planning Board – but he also said that what the owner did, i.e., clearing out dead trees, should not have required a permit in the first place.  Mr. Tegeder advised the board that if the area of concern was in a conservation easement, the owner needed to come before the Planning Board with a remediation plan but would not necessarily need a permit.


Mr. Grace will contact the town engineer and code enforcement officer in an effort to clarify exactly what needs to be done.