Citizens for an Informed Yorktown



Planning Board

April 21, 2014


Attending: John Kincart, John Savoca, Rich Fon, Darlene Rivera, Ann Kutter


1. K Mart Shopping Center

In an item not on the agenda, Ms. Kutter brought to the board’s attention a letter she had received from Ed Pell asking what could be done to address the problem of dead trees and empty tree wells at the shopping center. 

As the trees were part of the landscaping requirement of the approved site plan, Mr. Tegeder explained that enforcement of that condition rested with the Engineering Department. However, the board decided that before getting Engineering involved, the Planning Department would write a letter to the shopping center owner putting him on notice that the situation needed to be corrected.


2. Faith Bible Church

The board reviewed a draft approval resolution with Mr. Capellini. Based on the discussion, it was agreed that the language in certain sections should be clarified.


Ownership issue. For a portion of the site (possibly a parking area), title will be conveyed to the church but the original owner with retain the easement.


Flood plain: The prohibition against any future development in the flood plain will be changed to say “no buildings” in order to allow stormwater related infrastructure improvements to be made.


Location of building. Mr. Tegeder suggested that because the new church will no longer be built around the existing structure and the architect has stated that this will give him more design flexibility, the architect might consider some changes  in the building’s height, width and position, some of which may “improve the situation a little bit.”  The issue was left open, and the applicant will return to ABACA before coming back to the Planning Board. Mr. Capellini noted that ABACA approval of the architectural  plans is not required.


Off site parking:  In response to comments from Mr. Savoca, it was agreed that the final site plan will include a drawing that will indicate, possibly in general terms, where on the bank site the required 22 off  site parking spaces will be.  The location will also be noted on the license agreement.  There was some discussion of the off site parking being used only for Sundays, and the pastor noted that other than Sundays, there were no other days or holidays that required additional parking.; Christmas is always celebrated on a Sunday.


Landscape plan. The Conservation Board will be added to the list of advisory boards who will review the plan.


Sewer connection: The board felt that because both the record and minutes already discussed the location of the proposed sewer line,  the approval resolution did not have to address this issue.


In addition to the above changes, Mr. Tegeder said his office had some additional minor tweaking to do before ta revised version was drafted.


3. Fieldhome/Soccer Field license

The board reviewed a draft license agreement for the 90,000 sq. ft. field. The draft had been prepared by Mr. Capellini  who said that it was 99% based on the 2006 agreement the town had with the Fieldhome.  Mr. Tegeder raised questions about some of the terms, including fees, taxes, insurance requirements, and hours of use which, in the draft were: Mon-Fri 3-7:30, Saturday 9-4 and Sunday 10-4.  Mr. Capellini said that the Sunday hours were okay with the Fieldhome but Mr. Tegeder though that the 9am start on Saturday might be too early.  At the suggestion of Ms. Kutter, the agreement will include language that will allow the implementation of a Forest Management Plan in the conservation easement.


The draft will be sent to the Parks and Recreation Department for its review and comment.


4. Mavis Tire Supply Corp. (Kear Street)

The applicant plans to add a second floor addition to the existing building for the storage of tires.  There’ll be no change in the building’s footprint or the number of bays. The number of employees will remain the same.  The plan calls for the existing height of the building to be raised from 18.5 feet to 29 feet.   The board had no problem with the proposed change which can be done by an administrative memo to the Building Department and does not require a change in the site plan.  The memo will include a statement that the building permit should state that the second floor can only be used for storage and not occupancy.  In response to a question from Mr. Fon, the applicant said that fire sprinklers were not required because of the size of the building.


5. Lake Osceola Realty

Based on their individual visits to the site, several board members, as well as Mr. Tegeder, expressed concern about the site of the proposed sign. They suggested the applicant consider placing the sign in the retaining wall alongside the driveway, although Mr. Tegeder had some concern about the height of the wall. The applicant will prepare a dummy sign on the wall for board members to review.


It was noted that the existing signs on Hill Blvd. all predate the current zoning code that prohibits freestanding signs in the county commercial district and that if and when any of these buildings came before the board for any site plan changes, that would be the time for the board to request changes in the existing signage.


6. Sunoco Gas Station

(See Town Board, April 8, 2014)  The applicant explained the cosmetic changes to the existing building and the revised site lighting. The board had no issues with the building plans but did have some questions about the proposed new LED lighting fixtures and their impact on ambient lighting. The board requested that the applicant review the town’s existing lighting plan requirements and return with a lighting plan.


 The applicant said the company had no plans to alter the existing free standing Sunoco sign.


7. Staples Center Master Sign Plan

The board reviewed a Master Sign Plan for the site’s three buildings. (Note: BJ’s is owned separately.)  The applicant already has a variance to increase the amount of signage on the main building from 868 sq. ft. to 1,500 sq. ft. and has plans to apply for variances for the other two buildings (one housing Subway and the other Dunkin’ Donuts.)  On the main building, all the existing signs will remain after the new façade is put in place; signs for new tenants will need new sign permits. 


The issue that needs to be worked out is that the current sign ordinance calculates the allowed amount of signage based on the building’s frontage on a road. While this works for the main building that faces Route 202, it doesn’t work for the other two buildings which sit sideways on the site.  Mr. Tegeder said he would meet with the applicant to work out the issue. In the meantime, the applicant can proceed to erect the two approved signs for Extra Storage, the new tenant in the rear of the main building.  Mr. Tegeder added that he has been in touch with a resident from the Pine Grove subdivision and that the required improvements to the site are being made.


As an aside, the applicant advised the board that Burger Fi is no longer planning to lease space in the second building and that the applicant is negotiating with other possible tenants.