Planning Board

March 25, 2019


Attending: John Kincart, John Savoca, William LaScala, Rich Fon, Aaron Bock




1. Lowe’s

Without discussion. the board approved the amended site plan with changes to the provisions regarding guiderails.  Supervisor Gilbert advised the board that the building department was still working through a few issues with the applicant prior to the issuance of a CO.


2. Fiore subdivision, Carr Court./public hearing

(See Planning Board, 2/11/2019.)  Mr. Riina presented an overview of the project, highlighting the previously built stormwater retention system the owner installed after he cut down trees, plus the proposed infiltration system for the proposed new lot that would include a maintenance agreement that would be filed with the deed. The downslope homeowner on Strang Blvd expressed concern about the recurring flooding of her property and her concern that the problem would be exacerbated by the new lot; she asked what guarantee she had that the proposed system would work.  Jap Kopstein and Susan Siegel (the person writing this summary) raised the issue that currently there is no mechanism in the town to enforce the maintenance agreements, e.g., what happens when the homeowner doesn’t do the required maintenance. Mr. Fon acknowledged that his is an issue, especially as these type of on site infiltration systems are becoming more common.  Supervisor Gilbert, noting that the Town Board would be discussing an application that involves the same issue said that the Town Board and Planning Board should be consistent in their requirements. While some possible options for enforcement were identified, e.g., requiring a permit or a performance bond or adding conditions to the subdivision approval, it was clear that the issue needed to be explored further.


While the board was cognizant of not holding up the property owner while the maintenance issue was explored in greater detail, the board tabled (adjourned) the public hearing.




3. Novecento Restaurant, East Main Street, Shrub Oak/amended site plan

Mr. Tegeder explained that when the site plan for the shopping center was approved, there was a limit of 5,700 sq feet of food service space to accommodate three facilities. Since then, one of the existing restaurants  has acquired two retail spaces: another restaurant and a gym.  As the combined new space is “close to 5,700 sf” Mr. Tegeder advised the board that there was no need to evaluate the parking issue for the new restaurant which ready to open.  The need for an amended site plan came to light at the eleventh hours when the restaurant applied for a sign permit and the change of use came to the attention of the Planning Department.


The board went into special session and approved the amended site plan.


4. Anderson subdivision, Croton Lake Road

(See Planning Board 12-17-2018.) The applicant reviewed a proposed wetlands mitigation plan for the buffer that includes a combination of specific landscaping plans but also a generic plan; the applicant explained that it made more sense to hold off identifying specific new landscaping until the grading was completed so that the owner could evaluate  changes in the tree canopy that would affect the amount of sun available for new plantings. The board generally agreed with this approach; Mr. Tegeder will refer the new plan to the Conservation Board and it will be up to the CB to determine if it wants the applicant to return to the CB for an in person review of the plan.


Other changes that need to be worked out include meeting the turn around requirements of the Fire Board and also reducing the grade of the driveway from 12% to 10% to meet town code.  Mr. Tegeder also wanted more information about the plan for two retention ponds.


Mr. Fon suggested that the applicant meet with all appropriate staff to work out the required changes.


5. Fusco subdivision, Stony Street

(See Planning Board, 1-14-2019.)  The Conservation Bard has no issue with the plan. A public hearing will be scheduled.   Mr. Ciarcia advised the board that there were no critical stormwater water issues associated with the subdivision.


6. Unicorn Contracting, Kear Street

(Mr. Savoca recused himself and Mr. Bock advised the board that he had a relationship with the applicant that was not related to this development. The board did not believe that he had to recuse himself.)


Mr. Tegeder advised the board that the “as built” plan for the building differs by two feet from the plan approved by the board; the discrepancy is either a result of the building being constructed two feet further to the south of the site – or – the building has  been  increased in size.  Dan Ciarcia acknowledged the discrepancy but advised the board until he checks further, he could not explain why the discrepancy exists.  Mr. Tegeder explained that the discrepancy should have been “discovered” within a week of the foundation being completed – and before framing started – if the as built plan had been submitted, as required, to the Building Department within a week of the foundation’s completion. However, the as built plan had only recently been received by the town.


The change in the building’s location will affect parking issues and cross easements. And, if the building is larger than what was approved, additional parking may be required.


Mr. Tegeder explained that under the Town Code he has the authority to issue a stop work order until the issue is resolved. Mr. Ciarcia will get back to Mr. Tegeder as soon as he has completed his review of the plans. Pending any decision by Mr. Tegeder, the applicant was asked to appear before the board at its next meeting which would be in two weeks.


The board also discussed several changes that have to be made to the approved plan that were not related to the two foot discrepancy, including the location for the trash enclosures, electrical boxes, retaining wall, and water supply system. A sign plan also needs to be submitted.


Mr. Ciarcia advised the board that Caremount would be utilizing 90% of the building and that only about 6,000 sf on the first floor was still available for lease.


7. Sandvoss subdivision, Hanover Street

In an item not on the agenda, there was a brief discussion regarding issues raised in a letter the board received by area resident Tim Glass.  Most of the issues involved whether the board should require updates to the wetlands delineation and tree survey. Mr. Tegeder said Town Code did not require any updates. Mr. Tegeder also defended the various components of the proposed wetlands mitigation plan.


The board did express concern, however, that the new owner of the abutting single family house has apparently done some excavation work and may be dumping water on the proposed subdivision lot without a permit.  The board will do a site visit.