Planning Board



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




1. Courtesy of the Floor

In response to a request he said he had received to speak at Courtesy of the Floor, Chairman Fon announced that as the public had ample opportunity to address the board about applications during the public informal hearing or public hearing stage, there was no need for a courtesy of the floor agenda item at Planning Baard meetings.


2. NY Self Storage – Bank Road/Public Informational Hearing

The applicant reviewed the plans. The only comments were from the board, asking for clarification about landscaping and pedestrian access along Bank Road. In response to a question from Mr. Bock, Mr. Tegeder advised the applicant to discuss in a narrative how additional parking spaces could be provided if, in the future, the building’s use changed and more parking was required based on the new use.  The hearing was closed. A regular public hearing may be scheduled for December 21.


3. Mohegan Court, (RPG Properties)/Lexington Avenue

The board voted approval for an amended site plan, stormwater and tree permits. The approving resolution included the condition that the applicant address the town’s engineer’s concerns as expressed in an earlier memo.




4. Lowe’s/Pad A

The board has received a draft approval resolution but the resolution was not discussed and will likely be voted on at the board’s next meeting. Still unresolved is what material, timber, metal, or metal that looks like timber, should be used on the guiderails. The applicant will confer with the town engineer to resolve the issue.


5. Colangelo subdivision/Jacob Road

Regarding the five acre conservation easement, the board decided that its only concern was that the subdivision plan designate the five acres as a conservation easement and that it could give final approval to the plan while who held the easement was worked out.   Mr. Tegeder advised the board that there were some final technical details that needed to b resolved before the board could vote on a final approval resolution.


6. Albert French minor subdivision, French Hill Road

On the basis of two earlier Zoning Board decisions that legalized a lot with three existing houses, the applicant now wants to subdivide the lot into two separate lots, one with two houses and one with one house.  Each of the existing houses has its own septic system and water supply.


The board had no problem with the plan that doesn’t increase the density of the lot and will have to review all the relevant documents to see if a public hearing for a minor subdivision is required.


7. Stahmer subdivision, Jerome Road

(See Planning Board 2/26/2018.) Since the board approved the three lot subdivision in 2018 and extended the approval in 2019, the applicant has decided that the house on lot #2 will be larger than originally planned and will require a larger area of disturbance and a new stormwater plan and tree permit as more trees will have to be renewed.


The new house, which will be owned by a consultant to Tesla, will feature all Tesla energy saving features, including some not yet available to the general public.


The applicant will meet with ABACA and the revised plan needs to be reviewed by the town engineer.


8. Solar Farm/Foothill Street

Note. The applicant, Con Edison Clean Energy Businesses, Inc. bought out the previous applicant, Clean Energy Collective and Joe Shanahan, previous principal with Clean Energy is now with the Con Edison company. Mr. Shanahan spoke on behalf of the application at the meeting.


Mr. Shanahan advised the board that based on earlier public comments about its plans to construct a second solar facility off Underhill Avenue, he had advised the town supervisor that the company decided not to go forward with the Underhill plan but move forward with the Foothill plan.


Mr. Shanahan advised the board that the company has prepared a multi-faceted draft tree mitigation plan and that he welcomes feedback on the plan.  The board referred out the draft plan.


Mr. Shanahan took exception to the board’s negative comments at the previous meeting about the stockade fence, noting that this type of fencing had been well received in other communities.  He also questioned why the board was concerned about visibility from the abutting Putnam school, noting that it should be a positive for students to see the use of solar energy.


Mr. Shanahan also advised the board that his company has prepared a photo simulation that shows the visibility of the panels from Foothill Street; he will share the simulation with the board.


It was noted that Westchester County has submitted comments on the proposal, although the contents of the letter was not disclosed.


The board advised Mr. Shanahan that it was taking a holistic view to the application and was concerned with more than just compliance with the Tree Law. Mr. Bock added that one of his concerns was substituting solar for a healthy forest. The board took strong exception to Mr. Shanahan’s comment that it appeared the board might not want to accept any plan that cut down any trees.


The board advised the applicant to work with the Planning Department to make additional information available. It also assured the applicant that it would take a fair look at the application.