Planning Board

September 9, 2019


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


1. McDonalds, Route 202

(See Planning Board 8-12-2019.) The applicant showed a revised plan that moves the emergency gate on Old Crompond Road so that access for a fire truck would not be impeded by any parked cars. The gate is close to an existing hydrant.  The applicant will be reviewing this plan with the Fire Board.  The Planning Board appeared to agree with the applicant that an ABACA recommendation to plant a maple tree on one side of the property would create a visibility problem and asked the applicant to talk to ABACA about alternative landscape plans.


2. Unicorn Contracting Corporation, Kear Street

Dan Ciarcia showed the board a new plan that relocated the proposed monument sign on Underhill Avenue so that it conformed with the zoning setback requirement. He added, however, that there are still issues with the need to relocate the Grace Building sign. Also unresolved is how to handle the stand alone Coldwell Banker sign and whether signs on two sides of that building would be sufficient.  Mr. Ciarcia said that the paving is completed and landscaping, about 75% completed, should be completed by the end of the week. The applicant is anxious to get a CO.  Mr.Tegeder said that while it looked as if most of the site plan issues had been taken care of, there were still some minor issues that needed attention.  The applicant will be meeting with ABACA on September 10 to review the landscape plan. The town retains a $50,000 bond as leverage if any required item is not completed before the CO is granted.


3. CVS, Route 202

The applicant returned with a revised plan that addressed the board’s previous concerns. The plan includes adding an additional traffic lane on Stoney Street leading out to Route 202 and the widening of the portion of Old Crompond Road abutting the applicant’s property. The applicant’s traffic consultant will be doing a new traffic count that reflects the opening of Lowe’s and the start of the school year. A Public Informational Hearing will be scheduled.


4. Lowe’s

The board reviewed revisions to the landscape plan and also discussed the location of the dumpsters.


5. Roberta property, Front Street

The board reviewed a TCAC memo that recommended that the new trees to be planted in the rear of the property should be larger but spaced further apart. Also that the species be identified. Mr. Riina said the applicant would try to accommodate the recommendations. The applicant has completed a full SWPPP that will be submitted to the DEP. Mr. Riina advised the board that DEP has changed, for the third time, its stormwater  requirements for projects less than one acre in size in the downtown main street area; he anticipates that the review for these projects will not require that full standards be met and that DEP will be concerned mostly with erosion and sedimentation issues.


6. Envirogreen Associates, East Main Street, Mohegan Lake

After a brief discussion, the board decided that a vote on the negative declaration should be done at the board’s televised meeting in two weeks.   Mr. Bock said that the resolution should tie the neg dec to the board’s concerns about traffic safety and adherence to the Comprehensive Plan.


7. 1690 Amazon Road, Stormwater Permit/Town Board referral

(See Town Board 8-13-2019.) The board’s primary concern was future access to an abutting property. Without making any changes to the proposed plan, such as including an easement for a common driveway that would serve both parcels, the board was concerned that without any changes, the original plan would create a landlocked parcel that would eventually be abandoned and stop paying taxes. The board will send a memo to the Town Board.


8. Spirelli subdivision, Buckhorn Street

(See Planning Board 1-28-2019.) The applicant advised the board that the ZBA has agreed to reopen the 1985 variance and decide if, due to changing circumstances, e.g., the street is now sewered, it will eliminate the sentence that prevents any additional units on the parcel.  If and when the ZBA revises the variance, the Planning Board is willing to reconsider the subdivision issue as a “density” issue.  Mr. Kincart appeared to have issues with the increased density unless the applicant made some changes to the one of the existing units. Mr. Fon talked about how many of the older houses on Buckhorn have been/are being upgraded.


9. Yorktown Energy Storage Facility, Gomer Court/ZBA referral

The applicant showed a revised plan that addressed changes discussed at the previous meeting. Mr. LaScala, citing a magazine article about an explosion at such a facility, brought up the issue of the plan’s fire suppression system which led Stewart Glass, the supervisor’s assistant, to advise the board that as of July, 2019, NYSERDA had published a model local law governing battery storage facilities.  He noted that, to date, there have been three applications for such facilities, with the Gomer Court facility being the largest. The other two proposals are for the Staples Shopping Center and an unnamed town owned parcel.


Mr. Fon said that that state building code governed the issue and that towns could not make changes to the code.


Mr. Bock noted that the storage units were in the wetland buffer which raised questions about the proximity of the stream that feeds into Lake Osceola. Mr. Tegeder noted that the proposed plan would actually clean up the debris currently in the buffer and advised the applicant to discuss the wetland and other issues with staff prior to returning the board in two weeks.


10. Sarlo request for special permit to park commercial vehicles, Saw Mill River Road/ZBA referral

(See Town Board 3-26-2019.)  After the applicant’s request to rezone the property failed (although it does not appear that any Town Board vote was ever taken), the applicant applied for a special permit to park commercial vehicles in the residentially zoned property although Mr. Tegeder advised the board that such a use was not permitted, even by special permit, in the existing zone.  The applicant said that four landscaping companies currently park their trucks there. He said the trucks were set far back on the property and were hidden from the road. Mr. Fon questioned the applicant about the types of trucks currently being parked on the site.


The applicant has received a violation or the current parking that is illegal.


Supervisor Gilbert who was attending the meeting advised the board that the site is very close to the reservoir (the applicant said that the trucks were parked 300 feet from the reservoir) and that when he had made a site visit, he saw many large trucks on the property.  Mr. Bock also expressed concern about the potential impact on the reservoir. Mr. Riina, the applicant’s consulting engineer, said that the impact would depend on whether the DEP accepted any conditions that the ZBA might impose.


It was the sense of the board to send a memo to the ZBA opposing the granting of a special permit on the grounds that it was industrial use in a residential zone and the potential adverse environmental impact. Acknowledging that there were few places to park commercial vehicles in Yorktown, Mr. Kincart advised the applicant that his only recourse was to have the property rezoned to a zone that allowed the use.