November 7, 2016
Attending: John Kincart, John Savoca, Richard Fon, John Flynn, Anthony Tripodi, William LaScala
1. Hearthstone subdivision
(See Planning Board 5/23/2016.) The applicant indicated that he had a 20’ easement, although it wasn’t clear if the easement was just for utilities or also included ingress and egress; this needs to be clarified. The easement is not shown on the plat but the applicant said it was in the deed. The board appeared willing to consider the subdivision plan as long as the easement issue is clarified but indicated that it would also require a maintenance agreement if the road remained private. If the road is built, it will also open up the possibility of two additional houses along the road. The board also wants input from the fire commissioners. The applicant indicated that if the widening of Heathstone didn’t work out, he could provide access for one house to Gomer and the rear lot to Hearthstone St.
2. Pied Piper Preschool addition, Crompond Road
(See Planning Board, 9-12-2016.) The ZBA application is on hold pending Planning Board review. The board expressed concern for the traffic pattern and wanted to see a more detailed map that showed shared access and parking with the church next door. Explaining arrival and departure patterns, the applicant said it did not anticipate any problems from the increased enrollment. The board will look at the Costco traffic study numbers. Concerned about the mass of the addition that will impact on neighborhood character, the board also wants to see elevations. A Public Informational Hearing will be held December 5th.
3. Mohegan Auto & Tire Center, East Main Street
The board conducted a site visit that focused on landscaping, fencing, signage and the swale along Route 6. There was concern about the number of proposed signs, including the location of the proposed “Welcome to Yorktown” monument sign close to Route 6; Mr. Tegeder suggested an alternate location closer to East Main Street. He also wanted to see more details about the sign. He had no problem with the signage on the rear of the building.
Mr. Tegeder noted that along the Route 6 corridor from Somers to Cortlandt, the stretch between Route 132 and Strawberry Road was the only part of the road that had a greenbelt, a feature he considered a positive. He felt a balance needed to be struck between opening up the site so that the station could be seen but, at the same time, preserving some screening. He appeared okay with allowing the building to show, but wanted more and taller landscaping so that the cars for sale would not be visible.
Mr. Flynn expressed concern that the application was allowing for the expansion of a non conforming use when traditionally New York State land use practice was to allow such a use to continue but not expand. The board’s attorney said, however, that while Mr. Flynn was correct about not expanding non conforming uses, the town had the legal right to rezone the property and allow for other uses. Mr. Flynn felt a used car lot wasn’t suitable for that part of Route 6; Mr. Fon noted that the proposed change would generate a “louder” use of the site.
Mr. Kincart had no problem with the expansion of the use and didn’t see the site as ever being developed for a residential use. He did, however, say that he wanted the commercial use kept “soft” and with a neighborhood feel, indicating he liked the existing “older” signage.
Mr. Fon expressed concern about the work done on the site without a permit that he said set a “bad tone” and also about the impact on East Main Street where the proposed rezoning would likely create more traffic. He noted that additional development in the area was likely to increase traffic through that portion of East Main Street.
Mr. Barber indicated that a portion of the rear site was in both a DEC and town wetland.
The station owner indicated that he would be willing to accept a limitation on the number of cars that could be parked on the site,
The Planning Department will prepare a memo to the Town Board summarizing its concerns.
4. Pavan wetlands permit, 1875 Brookdale Street
(See Town Board, 10-25-2016.) On a referral from the Town Board, the board reviewed the proposed plan. Mr. Barber suggested an alternate mitigation plan that eliminated the need for planting additional trees and shrubs which he said would be problematical on the site and in its place he suggested a channel stabilization plan that he felt would do a better job of controlling runoff and which was also less expensive. Highway Superintendent Paganelli, concerned about icing on the road, supported Mr. Barber’s suggestion. Mr. Riina had no problem with Mr. Barber’s suggested plan but the plan will now have to be reviewed by the town engineer.
5. Lowe’s Home Center
The applicant has responded to the Conservation Board’s memo. A more detailed lighting plan will be submitted once the tenants for the outer buildings have been identified. Mr. Grealy went over preliminary plans to add sidewalks around and connecting the outer buildings to the parking lot; the board was in agreement with the concept.
A memo from the Tree Conservation Advisory Commission, which the applicant had not seen yet, suggested two off site mitigation measures: planting 22 street trees along Underhill Avenue near Town Hall and installing deer exclosures and removing invasives at Sylvan Glen Nature Preserve. The applicant had no problem with either suggestion but wants to meet with TCAC and staff to work out details.
The applicant explained that it is still conducting tests on the DOT site to locate the best possible site for the detention ponds.
For taxing purposes with the future tenants of the out buildings, the applicant wants to subdivide the site into five lots: one each for the three out buildings, the Lowe’s building, and the remaining open space. All five lots would be owned by the same owner and each would be responsible for a share of the maintenance for the roads and open space on the entire site. A representative of Breslin explained that while the company has no intention of selling off the individual lots, it wants to preserve the possibly that a future tenant for one of the out buildings may have a corporate policy of owning its own site rather than leasing.
A public hearing on the plan will be held November 22nd.