Citizens for an Informed Yorktown



Planning Board

October 20, 2014


Attending: John Kincart, John Flynn, Darlene Rivera, Rich Fon, Ann Kutter


1. Costco

Mr. Fon explained that a CD of the Revised FEIS is available from the Planning Department and will be on the town’s web site. Copies will also be available at the library.  The board will discuss a draft Findings Statement at the November 10 meeting.




2. Mongero Properties (Route 118 and Downing Drive)

(See 2008-2009 Planning Board summaries for background.) Although Mr. Capellini, attorney for the applicant, indicated that the applicant currently does not have a client for the site, nothing can proceed until the AT&T cable is buried. As AT&T has indicated that it is ready to begin the project, the board had no problem with supporting the required excavation permit in order to keep the project moving.  The board also voted a second one year extension on the site plan.




3. Lake Osceola Square

Based on a board site visit, the discussion focused on site distance issues along East Main Street and the need to eliminate/clean up some vegetation on both sides of the street, and especially at the Wood Street intersection which would involve a town-owned parcel.  Also discussed was what type of new plantings would be appropriate, e.g., maple trees or other shrubs.


The board also expressed concern about the bulk of the building and how it would look from across the lake. While they liked the overall design of the building, the board asked the architect if he could explore some changes that would soften the overall appearance.


A public hearing on the site plan will be held on November 10.


4. Underhill Ave. Sober House

Mr. Fon explained that the item was on the board’s agenda as a referral from the Town Board to look at only parking and landscaping issues and nothing else.


The applicant, Mr. McCrossan, explained that there would be 3-5 cars on site at most and he didn’t see parking as an issue . Two or three cars would be for staff, plus 2 vans  (SUVs with no markings) to transport residents.  The board, however, wanted to see more parking in the event visitors came to pick up and drop off residents.  After considerable back and forth, the board said it would recommend to the Town Board that the five spaces shown on the site plan be increased to six active spaces and that the plan include an additional six conservation spaces (spaces marked on the plan but not actually constructed until they are needed.). Possible locations for the conservation spaces were at the top of the grass area abutting the “U” driveway and along one side of the property. It was pointed out that the property’s septic system is under the grass area and the exact location of fields was not known.   The board also indicated that staff parking should be to the side/rear of the main house.


The board will also recommend that the chain link fence at the rear of the property be replaced with a more attractive fence. There also appeared to be some confusion as to whether Compass Westchester or the abutting property owner to the east owned a stockade fence and privet hedge along the property line and which property owner was responsible for maintaining the fence and shrubs.


The board reiterated its position from last December that for safety reasons they would like to see an exit to French Hill Road, even though they acknowledged that area residents would lilkely be opposed to the idea.


Also discussed was the applicant’s consent to a condition in the special permit that would state that the permit goes with the owner of the property and not with the land.


5. Sandvoss subdivision (Hanover Street)

Dan Ciarcia, the applicant’s engineer, explained that he has been working with the DEP on stormwater issues and that while there have been only slight changes from an earlier plan reviewed by the board, he will have to submit a revised plan to the DEP. Mr. Tegeder suggested that the current plan be recirculated to the town’s advisory groups and that Mr. Ciarcia should keep the board informed on the changes the DEP is requesting.


Several area residents asked about the next steps in the approval process and were advised to keep in touch with the Planning Department regarding DEP updates.


6. Arrowhead subdivision

The applicant made the changes requested by the board at the previous meeting and will now file a subdivision map.


7. DeCicco’s Marketplace

The board approved a renewal of the special use permit for outdoor service.


8. Grotto Holding/Canine Kindergarten

The owners of Canine Kindergarten, who operate two facilities in Mt. Kisco and Verplanck, plan to rent the first floor retail space. Because their plan includes an outdoor play area, the site plan will need to be amended. The discussion was a preliminary one to get the sense of the board’s  willingness to consider the change.  As feedback from the board was positive, the applicant will return with a sketch plan that will show more details.


9. Wolski Wetland Permit (3211 Lakeshore Drive)

The ZBA granted a variance in 2006 to allow a single family residence to be built on this undersized lot that is part wetland and part wetland buffer. The variance limited the square footage of the house to 1,360 square feet.  Because the property owner has a new buyer who wants a slightly larger house, it was decided that the issue needs to go back to the ZBA for a new variance, or to modify the original variance.  The new, larger plan, would keep the same setbacks as approved in 2006, but the board suggested that the applicant consider rotating the house slightly to have less impact on the buffer area


10. BJ’s/Staples  rezoning for gas pumps

David Steinmetz, attorney for the BJ’s advised the board that Urstadt Biddle, the owner of the Staples portion of the shopping center, preferred keeping the zoning of that portion of the overall site as C-1 and was not interested in Supervisor Grace’s suggestion made at the Town Board meeting to rezone the entire site to C-3.  Mr.Tegeder, who was not aware of the supervisor’s suggestion, advised the board that if the entire site was rezoned to C-3, the self storage space would become non-conforming, an outcome that would not be desirable. Rather than have the rezoning line ping pong between the two boards,  on the basis of  Mr.Tegeder’s comments, Mr. Steinmetz  asked the Planning Board to send a recommendation to the Town Board to keep the C-1 zone and modify the proposed change to C-3 in the area abutting the R1-=20 zone.


Based on the board’s review of the 1˝” thick expanded EAF, the board will send a positive recommendation on the rezoning request to the Town Board.


Mr. Steinmetz anticipated that during November and December, the Town Board would “drill down” on remaining SERQA issues with the hope that it would issue a negative declaration that would obviate the need for a full environmental impact statement. Mr. Tegeder said that as the site was already highly developed, he didn’t think the rezoning plan rose to the level of requiring a full EIS. As a precedent for accepting an expanded EAF, he noted the earlier Stateland application.