Planning Board

October 5, 2020


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


1. CVS, Yorktown Heights

(See Planning Board 9-14-2020) The applicant reviewed the changes that had been made in the plan, e.g., adding four more bollards, based on the previous discussion.  The board voted to approve an amended site plan that included a stormwater permit that was required because the amount of soil to be disturbed exceeded the threshold for not needing a permit.


2. K & P Celebrations, East Main Street, Mohegan Lake

(See Planning Board, 9-14-2020.)  The board approved the amended site plan.


3. Ricciardella Estates (aka Dubovsky site plan), Saw Mill River Road

The applicant needs a reapproval because of a change in the drainage plan that was part of the previously approved site plan. The original plan called for the discharge from a rain garden into a DOT pipe on Route 118 (Saw Mill River Road.) However, it was discovered that there was no outlet to the pipe so the SWPPP had to be changed.  The Planning Department will review the new plan before the board takes any action.


4. Hilltop Hanover Fam, White Horse Lane

(See Planning Board, 9-14-2020.)  Mr. Riina provided more information on the amount of fill to be trucked into the site. In response to a Conservation Board memo questioning the location of the proposed septic field, he advised the board that there was no other possible location.   Mr. Tegeder noted that the new plan is significantly different than the plan originally proposed and requires a great deal more disturbance to the site; he suggested that the board do a site visit before acting on the resolution.


5. Lowe’s, Pad A

The applicant walked the board through design changes to the rear of the building, e.g., the dumpsters and recycling facility were relocated to the side of the building and other architectural enhancements made to the building as per the board’s request.  The applicant’s landscape consultant walked the board through the planting plan on the western most side of the site abutting Old Crompond Road.  One unresolved issue was a portion of the plan that called for a lawn area that would need to be mowed; Mr. Tegeder expressed concern about  how this would be maintained and suggested there might be other options requiring less maintenance. He will work with the landscape architect on possible changes to the overall plan.  Mr. Fon noted that the revised landscape plan would address the concerns of a homeowner in the area.


In response to a communication from former board member John Flynn who suggested that the board hold a public hearing on the request to approve the revised retaining wall before approving the amended site plan, Mr. Tegeder advised the board that past practice has been only to require a hearing when the changes to the original plan were significant – and  it was his optiion that the changes, e.g., the increased size of the building and the redesign of the parking and retaining walls were not significant.  The board agreed with his comments and a memo will be sent to the Building Department asking it to approve the building permit before the retaining walls.


The applicant wants to construct the retaining walls this fall before the weather changes and is concerned that the approval of the site plan will take more time.


6. Lowe’s Pad B

The board will send a letter to the ZBA indicting that it has no issue with the request for variances to exceed the amount of allowed signage and the front setback.


7. Martino Contracting, East Main Street, Jefferson Valley

The applicant wants to develop additional areas of the site that currently houses his landscaping business. On the front part of the parcel that fronts on East Main Street, he proposes  to construct a 7,500 sf, 2 story building that would  be used for a garage and storage on the first floor and 3 apartments on the second floor; one 1-bedroom and  two 2-bedroom units.  A second 2,500 sf building would be for storage and maintenance equipment.  The septic field would be under the proposed parking lot.


For the rear parcel, zoned R1-80, the applicant is proposing to subdivide the roughly 5 acre parcel for two single family houses coming off Lakeview Road, although he would only develop one lot now; the lot would be/could be subdividied in the future if sewers become available To address the road frontage issue, he presented the board with two possible options.


The board asked to applicant to come back with more details on his plan.


8. Colangelo subdivision, Jacob Road

The applicant was asking for final subdivision approval. The applicant also advised the board that a portion of the proposed trail through the property has been relocated in order to avoid trail users using the private road to the 6 lots.  The change needs to be reviewed by the Westchester Land Trust that will hold the conservation to the trail. The board also wanted input from Walt Daniels.


The applicant also has to work out the details with the Land Trust on the details of a separate 5 acre conservation easement to address the financial aspects of the donation.


9. Low pressure sewer  legislation/Town Board referral

The board had no issue with the proposed legislation that was drafted in order to accommodate the Colangelo subdivision.  The legislation is the subject of a Town Board public hearing on October 6.


10. CubeSmart Self Storage, Bank Road

The applicant showed the board an architectural rendering of changes to the building: the 26,000 sf addition to the sides of the building that swings around to the front entrance, the use of metal panels on top of the existing block exterior, and a two tone color scheme.  The applicant also showed a landscape plan.  The board generally liked the new plan but asked for some tweaking.  Mr. Tegeder also wanted to see a sample of the metal plates.


Based on the other CubeSmart locations, the hours of operation are likely to be weekdays 9:30-6, Saturday 8:30-5 and Sunday 11-3, although businesses might be accommodated at other times.


A public informational hearing will be held on October 26.


11. Legislation for warehouse/self storage/Town Board referral

Mr. Tegeder explained that the existing zoning regulations were written to accommodate the self storage in the rear of the Staples building which did not front on a major road. Given the changes in the industry, and to accommodate the reuse of the Toys-R-Us building, the code needs to be changed to allow self storage use in a C-1 district as long as the metal doors are not in the front of the building.

The board will send a memo to the Town Board saying it has no objection to the proposed change.


12. Wells Fargo Bank, Commerce Street and East Main Street, Shrub Oak.

The bank is upgrading its lighting at ATM machines and lobbies to conform to state banking regulations.  The applicant was advised to work with the Planning Department on the proposed changes.


13. Gomer Court Battery Storage

The applicant presented revised plans that conform to the recently adopted Battery Storage Law. One change included reducing the size of the proposed project so that it conformed to the 15% coverage requirement.  The existing buildings on the site will remain.


The applicant also advised the board that the DEC has said that no permit is needed and that FEMA has said that the site is not in a flood plain.  The facility, which will consist of 5 containers, would provide 5,000 KW of electricityr to the grid for a maximum of four hours; the facility is not designed to provide electricity when the grid is down but only to provide additional electricity during peak hours when needed to avoid brownouts.


The board was most concerned about the proposed screening along Route 6, especially in the winter. Also, the Fire Department has requested a chain link fence and the board asked the applicant to work with the Department on a possibly more attractive fence. 


As per the new legislation, Mr. Fon explained that the board’s review of the application is limited to the appropriateness of the site and screening. The board will also ask that the technical plans, which will include fire suppression systems, be reviewed by a state per review panel. 

14. Americo Realty, Old Crompond Road

The applicant owns the western most parcel, abutting the Hudson Valley Steakhouse, in what was previously considered the Crompond Terraces development. As that development plan has fallen through, the owner of this parcel wants to proceed with a separate plan for his parcel.


 In a pre application presentation to the board in order to obtain some feedback, Dan Ciarcia, the applicant’s engineer, presented a plan for a 10,500 sf mixed use building for the front of the parcel fronting in Old Crompond and zoned C2-R and for two town house style buildings, each with 6 units, on the rear1.8 acre portion  zoned for multi family units.  The 3-story mixed use building would have a 6,750 sf first floor for retail and 2 apartments on each of the two additional stories.


Mr. Cirarcia  explained that the two townhouse buildings would need a setback variance – or – if the Town Board adopted the proposed overlay zone for the Bear Mountain Triangle area, the Planning Board would be able to modify the setback requirement.


Both Mr. Kincart and Mr. Fon felt the plan was too dense and Mr. Fon expressed concern about dealing with the Bear Mountain Triangle on a piecemeal basis.  Mr. LaScala liked the plan.


Mr. Ciarcia was advised to think about alternative plans.


15. Planned Design District Overlay Zones/Town Board referral

Mr. Tegeder advised the board that the intent of the law was to provide flexibility in design, uses and dimensional requirements.  He said that the draft  legislation was “organizing language” and that standards for the three potential overall districts would be written later.  He added that the legislation was needed to be able to capture proposed new development projects from companies that might be leaving New York City.


The board had no comments on the proposed legislation. Mr. Tegeder will draft a memo for the Town Board that the Planning Board will review before submitting.