Planning Board



Attending: John Kincart, William LaScala, Rich Fon, Aaron Bock, Robert Garrigan



Mr. Fon announced that John Savoca is resigning from the board.



1. Fiore minor subdivision, Carr Court

The board approved the  first 90 day extension of the  2019 approval. Mr. Riina explained that the applicant is still waiting for an easement agreement to be signed with an abutting property owner.


2. Mongero Properties, Saw Mill River Road

The board granted a second one-year extension to a site plan for a bank approved in 2009. Mr. Riina explained that the applicant is still marketing the site with the same site plan.  Mr. Tegeder advised Mr. Riina that if and when a tenant is found and the owner wants to proceed, he needs to review the 2019 tree law.


3. Roberta property, Front Street

The board approved a one-year time extension. Mr. Riina advised the board that the applicant is working with the town attorney on a license agreement involving the use of town property.


4. Hilltop Hanover subdivision/White Horse Lane

(See Planning Board 10/5/2020.) Mr. Kincart recused himself. Based on a site visit by the Conservation Board and Planning Board, the applicant has revised the plan and that relocating the house resulted in less fill being brought in as well as changes to the stormwater plan. The board agreed that the revised plan, which has less impact on the site, was better. The board approved the needed change which is subject to the DEP approving a revised SWPPP and a satisfactory the conservation easement.


5. Ricciardella Estates (fka Dubovsky), Saw Mill River Road

(See Planning Board 10-5-2020.) The board approved the amended stormwater plan.


6. Par 3 golf course/Adjourned Public Informational Hearing

The only speaker was Susan Siegel, the person writing this summary. After stating her support for the project, Ms. Siegel expressed concern that the board was not doing a careful review of the project. She gave examples of issues the board had not discussed, including the need for wetlands and tree permits, the impact on Shrub Oak Brook, parking, and the need for a landscape plan. After Mr. Bock agreed that there were several environmental issues that needed to be addressed, and his wife, Phyllis Bock, co chair of the Conservation Board joined the meeting and advised the board that the site plan had never been referred to her group. The board agreed that these issues would be looked into.


It was also noted that the Tree Conservation Advisory Commission had sent a memo that was a resend of its 2018 memo about the trees that had been illegally removed.


In response to calls he has received from residents, Mr. Martorano said that there would be no stadium lights and that as per town ordinance, there would be no outdoor music after 10pm.


The hearing was closed.


7. Taco Bell, 3571 Mohegan Avenue/Public Informational Hearing

The applicant presented a revised plan that he said was in response to earlier board comments as well as comments from ABACA an the Conservation Board. The revised plan adds more landscaping.  The applicant stated that based on the 2018 traffic study done when the site was rezoned, the traffic impact for a fast food restaurant would be the same as if the site was developed for retail use or a bank which was part of the original 2007 approval.


One Mohegan resident spoke up in opposition to the plan, pointing out that there were 23 restaurants within a one mile radius of the site.  He said the town should support existing businesses.


The hearing was closed.


8. Yorktown Energy Storage Battery System/Public Informational hearing

The applicant has met with the Conservation Board and ABACA. Both want more trees and screening, especially along Route 6, but the fire board (or inspector, it wasn’t clear which one had made the comment), doesn’t want trees along Route 6 to obstruct the view into the site.  The applicant acknowledged that some balancing will be needed to address the apparent conflicting recommendations. 


Mr. Fon advised the applicant that the overall site, which is home to an auto body business, needed, in his words, “some TLC.”  He was also concerned about some debris encroachment into the wetlands.


Mr. Bock wanted to know what precautions there were to contain any leaks or spills from entering the nearby stream.  The applicant said that a secondary containment system, suggested by Mr. LaScala, wasn’t necessary because the only potential leaks or spills could be from the refrigerant used in the AC system or from fire suppression but that neither chemical was considered hazardous.


There were no public comments.  The hearing was closed.




9. Hansmann major subdivision, 280 East Main Street, Jefferson Valley

The applicant is proposing a five lot subdivision on an 11.43 acre lot in a two acre zone.  Access would be off an extension of Osceola Road. The plan would disturb 4.5 acres of the site.


The main issues are:

… A portion of the proposed road into the subdivision would have a 12% grade where town code limits the grade to 8%.  If the board is okay with the 12% grade, the Town Board will have to approve it.  The applicant rejected the suggestion that the 12% might not be necessary if the number of lots was reduced.


…On a map filed in the 1920s, there’s a 10’ “reserved strip” at the end of the existing Osceola Road. No information is available on who owns the strip or why it was placed on the map.


Mr. Bock, who lives in the neighborhood, advised the board that there were existing safety issues at the intersection of Osceola Road and Perry Street.


10. RPG Properties (aka Mohegan Court), Lexington Avenue

The approved site plan has been sold to another developer who wants to amend the provisions of site plan relating to water and sewer connections and also how stormwater will be treated. He also wants to eliminate the requirement for  two on site fire hydrants, one in front and one at the rear of the site, considering that there is an existing fire hydrant on the Cortlandt side of Lexington Avenue.


The board appeared most concerned about the substitution of an above ground stormwater detention pond for the subsurface stormwater installation. Mr. Tegeder was concerned about the appearance and maintenance of the pond as well as whether a fence would be needed.


The applicant advised the board that the town engineer was okay with the proposed changes but the board will ask the town engineer for a memo. 


Mr. Tegeder also asked the applicant to check with the fire inspector on the elimination of both or only one fire hydrant.


11. Hemlock Hill Farm solar farm

The board did a site visit.  The applicant  has only submitted a concept plan.   The solar panels will be on four acres on the part of the farm that is in Yorktown.  It will be in an old, flat pasture area that is in the wetland buffer. 


The Conservation Board has recommended that a pollinator mix be used under and around the panels.


Mr. Tegeder advised the board that the site has previously entered into a “transfer of development rights” agreement and that the board needed to see the documents.   There was a brief discussion about the next step being a public informational hearing although it did not appear that a date for a hearing had been set.


12. 650 Pines Bridge Road

(See Planning Board 2-24-2020.)  The applicant presented a revised plan and advised the board that as a result of the tree survey, 85 trees will have to be removed, and possibly more.  The applicant has met with the Conservation Board and is working on arranging a meeting with the Tree Commission to discuss mitigation, adding that there appears to be limited possibilities for the mitigation plan to include any on site replanting and that paying a fee into the tree fund might be an option.  Mr. Tegeder suggested that some invasive removal might also be part of a mitigation  plan.


The needs to prepare a SWPPP.


13. Lowe’s, Pad A

The applicant provided more details on a few aspects of the plan, including the trash containers that will be totally enclosed. Also the landscape plan will include a statement requiring that the lawn at the western side of the property be mowed on a weekly basis. The board was pleased with the revised plan. Mr. Tegeder advised the board that a bit more fine tuning to the plan was needed before a resolution could be voted on. The applicant said he was hopeful that a resolution could be ready for the board’s next meeting.


As for the retaining wall, the board directed Mr. Tegeder to send a letter to the Building Department stating that the board has no problem with a permit for the wall being granted now.


14. 1538 Jacob Road (Fox Den subdivision, lot #27)

(See Planning Board 9-14-2020.)  Mr. Kincart recused himself. According to the tree survey, the plan calls for the removal of 67 trees. Mr. Riina advised the board that since on site replanting was not appropriate, the applicant would pay into the tree fund, at $100 for each removed trees. The Tree Commission will be asked to sign off on the mitigation plan.


15. Colangelo subdivision, Jacob Road

Mr. Tegeder suggested a realignment of a portion of the proposed trail, but the applicant advised the board that Walt Daniels was okay with the proposed location. The board was confused about the exact location of the trail and what appeared to be an abutting old farm road that would be used to access the agricultural parcels.  Mr. Tegeder was concerned that as originally proposed, the trail was very close to the abutting house, but the applicant said that the property owner had no issue with the propose trail.


The board asked the applicant to return with a color coded plan that showed the trail and the farm road.


The applicant explained that because of IRS regulations, there would have to be a “cooling off period” for the donation of the parcel to the Westchester Land Trust.  How that could or should be reflected in the approval resolution remains to be worked out.