Planning Board

May 20, 2019


Attending: John Savoca, William LaScala, Richard Ron, Aaron Bock




1. Hearthstone minor subdivision

The board approved the first and second 90 day extensions.  The applicant asked the board to reconsider a condition of its earlier approval requiring the applicant to get a variance for building on an unimproved road. He explained that he already had a variance to build a single house and as there would be no changes to the road to build the second house, he didnít see a need for a second variance.  The town attorney will review the issue.


2. Ricicarcella Estates, Saw Mill River Road

(See Planning Board, 5-6-2019.) With no comments, the board approved the special permit.


3. Fiore Subdivision, Carr Court

(See Planning Board, 5-6-2019.) The board approved the subdivision, tree and stormwater permit after incorporating the Maintenance Agreement into the approving resolution.


4. Fusco subdivision, Stony Street

(See Planning Board, 4-22-2019.) With no comment, the board approved the subdivision.


5. Anderson subdivision, Croton Lake Road

(See Planning Board, 5-6-2019.) The board approved the subdivision. A SWPPP will be submitted and reviewed by the board at the time the applicant submits plans to build a house on the new lot.


6. Unicorn Contracting Corp., Kear Street

Mr. Savoca recused himself.  Without any discussion, the board approved the amended site plan.





10. 39 Somerston Road, Town Board referral/wetlands permit

The homeowner wants to install a swimming pool in the wetland buffer. The area to be disturbed is currently grass. The board had no issues but advised the homeowner that he needed a more detailed plan that showed the wetland area.


11. 1550 Journeys End Road, Town Board referral/Stormwater permit

The applicant wants to build a single house on a 9 acre lot. The disturbance is outside the wetland buffer but needs a stormwater/excavation permit because of the amount of excavation and also a tree permit. The board had no issues with the plan.


12. Con Edison, Town Board referral, Wetland and Tree permits

The company plans to remove a total of 43 trees it considers hazardous to the power lines. In determining which trees to cut, it considers the potential impact to the power line if they fall as well as defects in the tree (some are ash trees). All the trees are in wetlands.  Mr. Tegeder advised the board that under the current Tree law, property owners donít need a permit to remove diseased, damaged or hazardous trees. The same restriction does not apply, however, in the Wetland Law which requires a permit to remove three or more trees in a 12 month period.


13. The Weyant, Crompond Road

Mr. Tegeder advised the board that the Town Board did not agree with its recommendation for modifying the design of the Hamblyn Street access. Mr. Savoca noted that the ultimate decision was up to the Town Board. Mr. Tegeder will draft a memo for the Town Board with the boardís final comments.


14. Solar Law/ Town Board referral

Mr. Tegeder showed the board a map indicating residentially zoned parcels that could be developed for large scale solar installations as a primary use. Mr. Bock suggested that possibly the two acre minimum lot size in the draft law should be increased. He also wanted to see language added to the law that talked about selecting sites that could be repurposed, such as agricultural land that was no longer being farmed. He suggested that the board needed more tools to evaluate proposals, noting his concern that if an applicant met the five criteria for a special permit the board would have no choice but to approve the application. In response, Mr. Tegeder said that SEQRA gave the board more control over the application. Mr. Bock said the law should also include provisions regarding how an installation would affect the viewshed.


While expressing some concerns about installations in residential zones, Mr. Fon and Mr. LaScala indicated that they would have no objections if the board had more tools and possibly if the minimum size was increased.


On behalf of ACOS, the Advisory Committee on Open Space, Walt Daniels gave the board a memo suggesting that the board look at the North Castle solar law that did not permit large scale installations in residential zones. The memo also noted that ACOS had previously identified both the Foothill and Underhill sites for possible open space preservation,


Mr. Tegeder repeated his opinion that it would be easier to screen an installation in a residential zone, such as the proposed Foothill plan, as opposed to a commercial site such as the State Land property on Route 202. He added that he had no objection to installations in already developed commercial parcels as an accessory use, such as over existing parking lots, but that these could also be unattractive. 


A representative of the company that wants to build installations at Foothill and Underhill Ave said that some of the potential sites on the Planning Departmentís map would not be feasible as they did not have potential connections to the grid. He said he would prepare an overlay for the board to look at.  He also stressed the companyís commitment to work with the town and neighbors for adequate screening.  Mr. LaScala asked the company to provide a video of some of its completed projects.


Based on the discussion, Mr. Tegeder will prepare a draft memo for the boardís consideration.



15. Popeyes, Crompond Road

In an item not on the agenda and at the suggestion of Mr. Bock, the board went into special session to adopt a memo indicating that it did not want to reopen its review of the  Popeye site plan based on the town engineerís memo.