Citizens for an Informed Yorktown


Planning Board

April 11, 2016


Attending: John Kincart, John Flynn, Richard Fon, Darlene Rivera




1. Arrowhead subdivision, Underhill Avenue

The board approved the site plan for the first lot, noting that if any changes are made once construction begins, the applicant will have to return to the board. Each subsequent lot will have to be approved by the board.


2. Faith Bible Church, Mohegan Avenue

Mr. Capellini explained that the site plan has been signed  but that a building permit has not been issued yet because of a delay in completing the construction drawings.  The board approved a second 1-year extension.


3. PEG Realty, Hill Boulevard

After the applicant made some changes to the sign plan pursuant to ABACA requests, the board approved the plan.


4. Trail Side Café, Commerce Street

The board okayed the special permit for outdoor seating in the rear patio and added that a notation should be added to the site plan indicating that it was the Town Board that approved the tables and chairs on the sidewalk. Because the sidewalk is town property, the applicant is working with the town attorney on a license for the use.


5. JCPC Holdings, Front Street, Public Hearing

Dan Ciarcia gave an overview of the project and Bruce Barber explained the forebay off-site mitigation plan.  A SWPP still needs to be prepared and the “nuts and bolts” of the mitigation plan worked out. Mr. Ciarcia said the applicant prefers the option of his doing the work now instead of bonding it pending a decision by the EOH collation. Mr. Barber said it could take several years before the EOH project could be implemented. There were no public comments. The hearing was closed. Staff will now work on the details of the approving resolution.


6. Blumberg Subdivision, Baptist Church Road/Public Informational Hearing

(See Planning Board, March 14, 2016.) The hearing was opened and closed with no comment from the public. Staff has no issues with the plan and a public hearing will be held on May 9th.


7. Chase Bank, Commerce Street/Public Informational Hearing

The applicant’s development team showed revised plans that incorporated comments from ABACA. The new plans showed landscaping along the street and plans to reconstruct the retaining wall both along the front of the property and adjoining the Friendly’s site (the side wall is on the Friendly’s site and modifications will require the approval of that site’s owner.) Some, and possibly all, of the site’s lighting will conform to the existing street lights. A traffic study showed that the building will not have a significant impact on the existing traffic level. Two curb cuts are planned; one for ingress and egress, and a second for egress only from the ATM. The board asked the applicant to mark out the proposed curb cuts in advance of a site visit in order to determine if they are too close to each other and if the two might create problems with the YCCC across the street.  The architectural drawings show that the rooftop HVAC equipment will be hidden behind a parapet.


After returning for a follow up work session, a June public hearing may be scheduled.



Before proceeding with the agenda, the board went into executive session. (Note: Although not stated, it became clear once the open meeting resumed that the executive session dealt with the Kelderhouse and the Triglia agenda items.)


8. Kelderhouse-Dornach, Turus Lane

Mr. Fon advised the applicant that the board did not have sufficient information to continue processing the application. Adding that the board was concerned about the health, safety and welfare of the current as well as future residents of the area, he explained that the board was concerned about infrastructure issues and the “chopped up” aspect of the applicant’s total parcel.  Mr. Flynn noted that the board was not familiar with many of the issues involving older subdivisions and paper roads; this original subdivision dates back to 1947.


Not happy with the delay, the applicant said he was only before the board for a single lot and repeated that he had earlier indicated a willingness to donate a portion of the parcel to the town.


The board will conduct a site visit, along with other appropriate town staff.


9. Triglia-Rezi, Christine Road

As a follow up to the discussion at the Town Board about substituting more drainage improvements for a paved road, the applicant explained proposed drainage changes. However, Mr. Fon expressed the board’s continuing concern for the health, safety and welfare of both current and future residents, focusing in on on site and off-site improvements.  And although the Town Board appeared to take any improvements to Baker Highway off the table, the Planning Board raised the issue of who actually “owned” the road. When Mr. Triglia said that the owners of the property on both sides of the road owned the land to the center of the road, the board asked him to provide copies to the title. On Mr. Kincart’s suggestion,  Mr. Tegeder will prepare a memo to the Town Board asking it the Town Board will be willing to accept a donation  of a road if the Planning Board decides it wants the road improved to a possible “neighborhood’ standard as opposed to the higher regular town standard.   


Not happy with the delay, attorney Al Capellini advised the board that Mr. Triglia has a contract to sell the first, already built house, but that the contract calls for the property to be subdivided. In response, Mr. Fon reminded Mr. Capellini that Mr. Triglia’s problem was of his own creation because he should have gotten t he 2-lot subdivision approved before building the first house. And Mr. Flynn noted the board’s concern whether the existing  substandard infrastructure could support the increase in density.


The board plans a second site visit.


10. Ianuzzi subdivision, Baptist Church Road

The applicant showed the board a revised plan calling for a 4-lot subdivision using the town’s flexibility standards where 3 lots had originally been proposed.   A May public hearing will be scheduled.


11. Spark Steakhouse, Old Crompond Road

The applicant has leased the building adjacent to Best Plumbing that has been unoccupied for about two years. Working from the original site plan drawings that left some details to be worked out later once the owner had a tenant, architect Michael Piccirillo advised the board that changes have to be made in a loading area (what has already been built does not conform to the approved plan and the owner has a different use for the area) and also a staircase needs to be built to access a rooftop seating area.  (A portion of the roof will be “green.” Another part will house the building’s HVAC equipment.) As plans for the seating area firm up, the plan will have to make provision for a second egress from the roof. (Plans for a bar and bathrooms on the roof have been dropped.). The applicant will also have to apply for a special permit for outdoor seating (envisioned on the original plan) and the plan’s stormwater plan will have to be reviewed to see if changes in the loading area will trigger any change in stormwater.   The original plan also envisions that parking will be shared with Best Plumbing, although the details have to be worked out.