Planning Board

October 21, 2019


Attending: John Savoca, William LaScala, Rich Fon




1. Fiore subdivision, Carr Court

(See Planning Board 5-20-2019.) The board approved the first 90-day extension. Mr. Riina explained that the  county Department of Health is still reviewing the application.


2. Mongero Properties, Saw Mill River Road

(See Planning Board 10/16/2017). The board approved a new first 1-year extension on the plan originally approved in 2008. Mr. Riina explained that the applicant is having difficulties finding a bank tenant for the building. He advised the board that the DEP has extended the application’s stormwater permit.


3. Popeye’s Restaurant, Route 202

The issue of granting a first 1-year extension was tabled as the applicant was not represented at the meeting to explain the reason for the extension request.


4. Spark Steakhouse, Old Crompond Road

The board approved the renewal of the special permit for outdoor dining.


5. CVS, Commerce Street

(See Planning Board 10/7/2019.) The board approved the revised lighting plan.


6. Roberta property, Front Street

Without any discussion, the board approved the site plan, stormwater permit, tree permit, lighting and landscaping plan and the times for refuse pick up.




7. Trailside Cafe, Commerce Street

(See Planning Board 4-11-2016.) The applicant needs to resolve two issues: the outdoor seating in the front, on the sidewalk, and the need for a building permit to legalize a trellis that has already been constructed in the rear patio.  Mr. Tegeder advised the board that he could find no evidence that the town had ever finalized a license to allow the cafe to have tables on the sidewalk which is in the town’s right of way, adding that he wasn’t sure if a license was actually needed. Mr. Fon noted that one board member was concerned about the safety of tables on the sidewalk and the applicant indicated that he would look into what could be done to make the site safer, possibly adding some planters.   Mr. Tegeder advised the applicant to meet with the building inspector, town attorney and Planning Department staff to tie up the loose ends for both the front and rear issues.  Because the trellis needs a side yard variance, the  applicant is currently before the Zoning Board.


8. Atlantic Appliance, Maple Hill Street

The new owner (as of about two years ago) wants to construct a 2-story building on the vacant parcel between the post office and  the Yorktown Office building. Mr. Riina showed the board a concept plan for the proposed building that would have a 10,500 sf footprint and include a basement used for storage, retail space on the first floor and office space for rent on the second floor.  While the concept plan showed that the site met the parking requirements, Mr. Riina, noting the abundance of parking across the street, asked the board to consider allowing the applicant to “bank” some of the parking spaces and increase the amount of landscaping.  The applicant has flagged the site’s wetlands to the rear and advised the board that he is aware of drainage issues on Greenwood Street that abuts the site.


The board was supportive of the concept plan and advised the applicant to work with the Planning Department on the parking and landscaping issues.


9. Taco Bell, Route 202

The applicant is under contract to purchase the building that formerly housed Snap Fitness and Thyme  with Taco Bell filling the former fitness center site; no tenant has been identified for the second space.


The applicant presented a concept plan that showed a new drive up window, opening up a second curb cut to Route 202 that had been closed in roughly 2000 (DOT approval would be needed for this change) and modifications to the parking area. The exterior of the building would be changed with a new roof line and façade treatment.  The concept plan has 39 parking spaces where 49 are required, prompting the applicant to explain that he would be asking the board to grant the 25% parking relief permitted in the town code.


Part of the site’s stormwater system includes a drainage pipe under the building that carries runoff from the north side of Route 202 and empties at the surface of the site’s side. Noting that the corrugated metal  pipe might be at least 30 years old, Mr. Tegeder advised the applicant that the pipe’s condition should be investigated.  Mr. Fon suggested that the board do a joint site visit with the Conservation Board.  In response to a question from Mr. Savoca, it was noted that there is a left turn lane on Route in front of the building.


The applicant has yet to submit a formal application and supporting documents.


10. Battery Storage Facility, Staples Center

Noting that the Town Board would be discussing both a model law regulating battery storage facilities and a moratorium on approving such facilities pending the adoption of the law at its meeting the next day, the board did not discuss the application.


11. Nantucket Sound, Kear St.

No discussion as the applicant was not present.


12. McDonald’s, Route 202

No discussion as the applicant was not present.


13. 3717 Crompond Road (former Windmill Restaurant), Route 202/ZBA referral

(See Planning Board 10-7-2019.) In an item not on the agenda, the board approved a memo opposing the long term use of the site for what it called “dead” storage, i.e., storage not associated with a permitted main use as being non consistent with the town’s goal of promoting its business hamlets, adding that partial usage of the site only for parking could lead to the deterioration of the existing unused building and maintenance issues. However, if the ZBA decided that a special permit was permissible, the board recommended that the permit only be for two years and renewed only if the applicant showed a good faith effort to create a main use for the site.