Citizens for an Informed Yorktown



Planning Board

June 10, 2013


Attending: Richard Fon, Ann Kutter, John Kincart, John Savoca


Regular Session


1. Costco Update

Although not on the agenda, Mr. Fon asked Mr. Capellini to provide an update on the project. Mr. Capellini said that the FEIS is “almost finished” and should be ready by the end of the month when a full submission will be made to the Planning Board.  To date, the applicant has sent “sections” of the FEIS to town staff for review.


2. Adrian Auto Body

(See May 6, 2013 meeting.)The applicant having worked out issues of concern to the Planning Board, the Board unanimously voted to amend the wetlands permit and grant a second one year extension on the approval. (Note: See Creative Living later in the meeting. The fill from this excavation will be used at Navajo Fields.)


3. Yorktown Farms

The Board approved the site plans for lots 6, 12, 14, and 19. Mr. Kincart recused himself from voting on lot 6.


The applicant is planning on hiring a tree contractor to do an inventory of the site’s trees in order to identify any trees of significance that may be impacted as future lots are sold and developed.


4. Cserenyli

The Board approved the modified conservation easement map and text, both of which will be filed with the county. As per earlier meeting discussions, the text will explain the need for the revisions.


5. Kiederer

The Board approved a second 90 day extensions. The applicant has made modifications to the original plan based on Department of Health concerns.


6. Aspen & Mill subdivision

The Board approved a second 90 day extension pending Department of Health approval.


Work Session


7. Yeshiva Kehilath Yakov

On a referral from the ZBA, the Board reviewed plans for a combined special permit application involving the construction of a single family house and the installation of a 378KW solar array field.   The two unrelated issues were grouped together in order to meet an October deadline related to the solar project.


The 4,300 square foot, two story single family house will replace an 1,800 square foot house that burned down. The new structure, which is 30% larger, will be in a new location and will connect to the school’s new sewer system. The Board had no problem with this aspect of the application.


However, the Board did have questions about the solar array field. While supportive of the solar concept, Board members felt they could not comment on the location of the proposed installation in the absence of more information regarding grading, the number of trees that will have to be taken down, views from the Taconic Parkway, and stormwater implications for nearby Dream Lake. They also cautioned the applicant that he may not be able to meet the October deadline as the solar project will have to be approved by DEC because of the extent of the site disturbance.


The Board suggested that when the applicant returns to the ZBA, it ask that Board if it could separate out the house project from the solar array field so that the former could proceed while the applicant gathered more information on the latter project.


8. Sanctuary Golf Course

Alan Pilch, the environmental consultant and engineer for the project, again reviewed the changes between the approved 1999 site plan and the site plan changes that have already been done without approval plus site plan modifications still to be made. The major work still to be completed is a revised stormwater plan for the site.


Regarding the already constructed retaining wall in the area of the new tennis courts, the applicant has submitted a plan that is signed by an engineer attesting to its structural soundness. However, the building inspector has informed the Board that he is not prepared to accept the plan as he saw some “blemishes” in the wall and feels that additional inspections in selected locations along the wall need to be made. Mr. Capellini said he would take this new information “under advisement.”


The Board also advised the applicant that he has to address the concerns of an abutting property who is claiming that half of the stone wall demarcating the two properties was taken down by the applicant when one of the golf course holes was regraded. 


In response to concerns raised by other neighbors at an earlier meeting, the applicant showed a series of aerial maps indicating that the applicant had not encroached on other abutting parcels


Reviewing a prior list of six items of concern, Mr. Fon said the remaining outstanding items were a lighting plan that had been submitted to the Planning Department but not yet reviewed, and a landscape plan. Regarding the later, John Schroder asked that the plan be referred to the town’s naturalist to make sure  the proposed plantings are consistent with the character of the adjoining Turkey Mountain  nature preserve. The landscape plan will also be referred to the Tree Preservation Advisory Commission.


Mr. Schroder also asked for documentation about the condition of the dam, noting that this issue was raised back in 1999 but nothing has ever been submitted to the town.


Mr. Fon asked the applicant to return to the Planning Board after the unresolved issues have been addressed.


9. Creative Living/Navajo Fields

After a closed executive session lasting about 30 minutes, Mr. Fon outlined the following issues regarding the application.


a. SEQRA segmentation.  In order to comply with SEQRA, the Board needs more information than has been provided in the latest EAF about the applicant’s future plans for a multi-story building on the site. In response, Mr. Capellini said that the Board was asking for information about a project that in reality can’t be done because the current zoning doesn’t allow it. Either the current zoning has to be markedly changed, he said, or a new zone has to be created. The building is on the plan, he said, because that’s what the Town Board asked for.                  


b. Use. The Board said that it needs a more formal memo from the Building Department regarding the proposed use to supplement the department’s previous, more general okay of the project.


c. Wetlands remediation. The Board noted that the applicant has still not complied with the requirements of the Town Board issued wetlands permit and Planning Director Tegeder pointedly asked the applicant, “When can it get  all be done.” He noted that it would behoove the applicant to finish the work before the summer when there would be greater use of the fields. In response, the applicant said that all but one section of the work had been completed and that the delay was due to his waiting for rock and fill from the Adrian project which had been approved by the Board earlier in the meeting.


d. Safety. Mr. Fon noted that on a recent site visit, he saw that there were no railings on the bridges. In response, Mr. Diven said that they had been put up but then had been told that they had to be removed.  Mr. Diven added that in response to calls made by Bruce Barber, the DEC had been to the site three times and that all issues relating to the placement of wood chips near the stream had been cleared up.


10. Lake Osceola Square

The Board indicated its support for a pre-preliminary conceptual plan to build a new multi-use wing shaped building on the site of the former Osceola Beach Club.  The new three story building is being planned for a restaurant on one level, offices on the second level and eight residential units (one and two bedroom units) on the third floor. Each floor will be about 8,000 square feet.  The rear of the building will feature a terrace and patio that will overlook and step down to the beach.  The project’s goal is to make the site a destination location.


The plan calls for public access to the beach, although the details have not been worked out. One option, preferred by the applicant, would be for the town to assume ownership and maintenance responsibility for the beach area.


An existing building on the eastern portion of the site will be retained and a second existing building will be demolished.

The plan calls for 119 parking spaces.


Given the Board’s positive response to the conceptual plan, the applicant will now make a formal application.


11. East of Hudson Stormwater Retrofit project

On a referral from the Town Board, the Planning Board had no problem with the proposed location of the stormwater retrofit project at the police department building. However, on the advice of Mr. Tegeder, the Board will send a memo to the Town Board indicating that as the plan involves a change in the 1971 site plan, the Planning Board should be the approving authority for the wetlands permit.


12. Yorktown Auto Body

The agenda item on a proposed expansion of the park lot was withdrawn as the site plan was not ready for submission.