Planning Board

August 12, 2019


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





1. Colangelo major subdivision, Jacob Road

The applicant is awaiting Board of Health approval and is in early stages of DEP approval. The board  approved a second 90-day extension.


2. Gallinelli minor subdivision, Quinlan Street

(See Planning Board 6/24/2019.)  The applicant is in the process of making plans to get fees and bonds in place before the signed plat can be filed. The board voted to reapprove the subdivision.


3. Prestige Renovations, Buckhorn Street.

(See Planning Board 6/24/2019.) Mr. Fon recused himself. The board voted to reapprove the subdivision.


4. Crystal Court subdivision, Crystal Court/Public Informal Hearing

(See Planning Board 6-24-2019.)  The remaining unresolved issue is the fourth lot. Mr. Fon explained that the town does not want the lot and the applicant said he had reached out to neighboring homeowner associations to see if any were interested in acquiring the lot and he received no response.  Susan Siegel asked the board to consider making it a three lot subdivision by incorporating portions of the fourth lot into the planned three lots.  Jay Kopstein said that the board should not create a situation where the current or future owner of the fourth lot abandoned it. Two neighbors on Evergreen Street raised the issue of drainage and Mr. Fon assured them that the drainage plan would be reviewed and that town procedure was that there would be no increased in runoff from the parcel once developed.


The applicant was reminded that in 2017 when trees were illegally cut down on the site he was supposed to plant 61 new trees by October, 2018 as remediation and that that has not been done. (see Town Board 10/24/2017.)  Mr. Kopstein asked why the board should be pursing this application in light of the fact that the applicant has not been operating in good faith.


The hearing was closed.


5. McDonalds, Route 202/Public hearing

(See Planning Board 7/15/2019.) The applicant explained the plan and how changes had been made to address the board’s concerns. The applicant explained that based on a meeting with representatives of the fire company, it was decided that in lieu of a new hydrant on Route 202, which he said would be a “substantial cost,” the applicant would construct an emergency fence at the rear of the property on Old Crompond Road. As the water main line is at the rear of the property, the board wanted to know why a hydrant could be installed there at a lower cost. The boar\d was also concerned that a parking space in front of the fence would not be practical.   The board rejected a suggestion from the DOT that the plan include an exist onto Old Crompond Road in order to eliminate left turns on Route 202 but Mr. Tegeder suggested that the applicant review Route 2-02 accident data in order to address the DOT’s concerns.   


The hearing was adjourned so that the Planning Department could review the site plan.


6. Pied Piper Preschool addition, Crompond Road/Adjourned public hearing

(See Planning Board, 6-24-2019.) The applicant reviewed the changes from the original plan. The applicant provided a copy of the original easement with the church about the shared parking that apparently had never been filed or was misfiled. To correct the problem, the parties have prepared a new agreement that will be filed once the attorney general signs off; as per state law, the AG’s office must sign off on easements involving religious properties.  The board approved the amended site plan with the provision that the new easement be filed within one years.




 7. Unicorn Contracting, Kear Street

The discussion dealt with the location of two monument signs. There was no issue with the sign on Kear St where there was a sign for the former Murphy’s restaurant. The problem is where to locate the sign on Underhill Avenue, in the vicinity of the Grace Building, that meets the zoning requirement that a sign be 5’ from the property line so as not to obstruct  site distance.  The applicant will explore his options and return to the board in September.


8. Battery storage facility for rooftop solar system at Staples Plaza

The applicant wants to install 8 battery storage units that would take up about 250 sf in the rear of the building currently designated as parking spaces. The batteries would store electricity generated by the solar panels and make the electricity available to the grid when needed.  The system would also include a micro grid that would enable the center’s tenants to have electricity in the event there was no power.  It was determined that center would have adequate parking without the three spaces.  NYSERDA will be providing an incentive for the project.  A public hearing will be scheduled for September on an amended site plan.


Mr. Bock noted that this was a good use of solar energy that didn’t involve the cutting down of any trees.


(See Yorktown Energy Storage Facility below for a similar, although larger, battery storage facility application.)


9. Roberta property, Front Street

(See Planning Board 6/24/2019.) The only remaining unresolved issue is whether the applicant should enter into a license and maintenance agreement with the town for the town owned strip of land along Front Street that is part of the plan’s landscaping or should the town dedicate the land to  the applicant.  Either way, the applicant would be responsible for the maintenance of the landscaping which includes four rain gardens that are part of the plan’s stormwater plan. After some back and forth, it appeared that the license agreement approach made the most sense; the applicant will begin to work on one with the town. The plan calls for cutting down 25 years.


10. Lowe’s, Pad “B”

The applicant has made the changes requested by the board at the last meeting and the board had no other issues.  A resolution approving the new building is expected in September.


A representative from Breslin Realty advised the board that there was “progress” on the western most pad but that he wasn’t at liberty to discuss any details.


11. Bonsignore subdivision, Hunterbrook Road

(See Planning Board 12-17-2018.) The applicant showed the board a photo of the cement block that will be stained a color to make it more attractive looking. The board accepted the new look and will send a memo to the building department.  The board also went into special session to approve a change in the elevation of one lot.


Mr. Fon advised the applicant that this application was the second time that evening where the applicant’s illegal actions had been cited. (See Crystal Lake subdivision above.)


12. 7-Eleven/Sunoco Station, Lee Boulevard

In a referral from the Town Board, the Planning Board reviewed plans to change the sign over the entrance to the store and also on the pole to reflect a change in ownership.  The applicant had previously met with ABACA. The board had no issue with the sign over the door but advised the applicant that it was the town’s preference to have monument signs instead of 16’ ft pole signs.  The board will send a memo to the Town Board which is expected to discuss the issue at its August 13 meeting.


13. Yorktown Energy Storage Facility, Gomer Court

On a referral from the Zoning Board, the board reviewed an application for a special permit for a “public utility substation”  to install a battery storage facility on a parcel in an office zone. The parcel is located between East Main Street and Route 6 near te intersection with 6N.


The facility, which would store electricity from the grid and return it to the grid when necessary, is part of a state program to create storage for electricity rather than construct new generating facilities. The project would receive financing from NYSERDA. The facility would include two storage like containers about 13’ high.


In response to questions from Mr. Tegeder, the applicant advised the board that the building inspector had determined that the use qualified as a public utility substation even though the applicant acknowledged that the company is not regulated by the PSC.


The board raised questions about the need for a decommissioning plan as the batteries have an estimated 15 year life span.  The board asked to see a rendering of what the storage containers would look like. There was also some discussion of whether a fence along Route 6 would be needed to shield the view.


14. Sarlo, 675-696 Saw Mill River Road/ ZBA referral.

The application was removed from the agenda by the applicant.