Planning Board

November 23, 2020


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




1. Nestle Waters, Route 202

(See Planning Board 11-9-2020.) In an item not on the agenda,  Mr. Bock asked about whose responsibility it was to enforce conditions of the site plan approval. It was noted that the board had been advised during its review of the application that all loading and unloading would be done inside the building but that it appears that these operations are taking place outside the building and creating noise.  Mr. Tegeder advised the board that he would refer the matter to the Building Department.


2. Battery Storage at Staples Plaza/ Route 202

The company that installed the existing battery storage facility asked the board for feedback on two possible locations at the rear of the building for an additional storage facility; one location was close to the existing building on the Staples side of the building and the other in the grassed area off the parking lot.  The board preferred the location closer to the building as long as it did not interfere with the flow of traffic.  The company will now work with the property owner to develop a specific plan.


3. RPG Properties, Lexington Avenue

The applicant advised the board that the fire inspector wants the plan to keep the fire hydrant at Lexington Avenue.  The board was satisfied with the revised landscape plan for the above ground retention pond at the front of the site along Lexington Avenue.  The applicant will also have to comply with the requirements in the town engineer’s memo relating to sewer and waqer connections. The Planning Department will prepare a resolution for approval at the next meeting.


3. Taco Bell/East Main Street, Mohegan Lake

Mr. Tegeder, citing the parcel’s prominent location,  asked the applicant to come back with plans that reoriented  the building to face either Mohegan Avenue or East Main  Street. The applicant said that while there were some site constraints for relocating the building, he would see what he could do.


4. McDonalds/Route 202

(See Planning Board 9-14-2020.) The applicant provided the board with a parking analysis comparing the current plan with the one approved in 2019. There was no discussion of the analysis. The applicant will try incorporate some additional landscaping in the rear of the site that was requested by the Conservation Board as long as the plantings do not interfere with the flow of traffic.  The Planning Department will send a memo to the ZBA indicating that it has no objection to the requested parking variance.


5. Yorktown Energy Storage/Gomer Court

The applicant showed the board a revised plan with additional landscaping that was in response to meetings with the Planning Department staff and the Conservation Board.  The revised plan includes a wetlands mitigation plan and a plan to clean up the wetlands. Additional evergreens will be planted to screen the units; the board was pleased with the additional landscaping and the applicant’s responsiveness.  The board noted that some bucket trucks parked on the site should be removed as they violate the existing zoning code.  In response to Mr. Bock’s concern over possible leaks that could migrate chemicals to the nearby stream, the applicant said that the liquid in the fire suppression system turns into a gas when it is released in the unlikely event that there should be a leak and also when, if necessary, the equipment is needed to suppress a fire.  The applicant also indicated that while leaks are unlikely from the storage units,  he will look into the possibility of constructing some sort of curb-like containment around them. 


A public hearing will be held in December.


6. Colangelo subdivision, Jacob Road

The applicant’s attorney advised the board that his client will no longer be seeking a tax deduction for the value of the conservation easement to be given to the Westchester Land Trust. He added, however, that while this eliminates the obstacle discussed at the previous meeting, there would still be a 4-6 month delay in the Trust finalizing the easement agreement.  What followed was a discussion over whether the approving resolution should include language that would give the town the easement in the event there was some delay with the Trust’s easement.  The final language was left up to the Planning Department to wok out.  The executive director of the Westchester Land Trust explained to the board that as the holder the conservation easement, its role was to enforce the conditions of the easement and that it remained the property owner’s responsibility to maintain the land. Councilman Lachterman added that in the event there was some problem with the easement going to the Trust, the town would not be interested in acquiring the land as part of the subdivision’s recreation fee. He also noted that the Trust would be a better steward of the land than the town.


In a related matter, that father of the adjoining property owner questioned the proximity of the trail to his son’s house. After the latest plan was reviewed, however, the parent was assured that the trail was between 75-100” from his son’s property, not the 10’ that he assumed.


 7. Hemlock Hill Farm solar farm

The board has received a letter from the county saying that it has no objection to the solar farm. However, Mr. Bock called attention to the fact that the location of the solar installation on the county’s map was different from the location on the map provided by the applicant. The Planning Department will look into the matter.   In general, the board agreed that this was a god location for a solar farm.


In a memo to the board, the Advisory Committee on Open Space (ACOS) raised two issues concerning the plan’s proximity to the Hunterbrook Preserve: stormwater runoff and visibility of the panels from the trails. The board said it would do a second site visit, this time from the vantage point of the preserve an assess what screening might be needed. A public informational hearing is scheduled for December 21.


8. Home & Hearth, East Main Street, Mohegan Lake

The company will be relocating from Cortlandt to Yorktown, demolishing two existing buildings between the BP gas station and the Volkswagon dealership to construct two new buildings: a 5,500 sf showroom and warehouse on the front on the parcel and a 5,600 storage building for pellets further in to the site.


The applicant is in the process of having the wetlands (state and local) on the property delineated so that h can finalize the site plan which may involve relocating he rear building.


9. Exxon Mobil gas station, Route 202/Town Board Referral

(See Town Board, 11-17-2020.) Mr. Tegeder will draft a memo to the Town Board indicating that the board prefers a monument sign to a pole sign. His office will also calculate the proposed amount of signage, but he noted that the Town Board has the ultimate authority to determine the amount of allowed signage at gas stations.


10. BP gas station, Commerce Street/Town Bard Referral

(See Town Board, 11-17-2020.) The board prefers a monument sign but noted that there may or may not be room for one. If one is not available, it was suggested that something be done to improve the aesthetics of a new pole sign.  The board took note of the amount of signage on the existing building and also the clothing collection bins that appeared to be unlicensed.  A memo to the Town Board will be drafted.



The board went into closed executive session to discuss “policy and procedures.”