Special Use Permits
See also Staples for site plan issues relating to a self storage facility
A&P (Shrub Oak and Yorktown Heights)
Planning Board, 4-8-2013
The request was for a renewal of the special use permit for outdoor sales. The existing permit expired in September, 2012. When Mr. Flynn noted that the Yorktown Heights A&P had the same outdoor sales display (plants), he asked if they also had a special permit. Assistant Planner Steinberg responded that both locations had received letters about their expired permits but that she had not heard back from the Yorktown location. Also, the building inspector reported that there is litter at the Shrub Oak location that needs to be cleaned up. The Board tabled any action until it heard from both locations and could deal with them together. The Board’s attorney added that more information was needed as to exactly what was going to be sold at the outdoor location.
Planning Board, 10-15-2012
After opening and closing a public hearing, the Board approved a five year special permit. A condition of the permit is that the plan will have to show the location of eight conservation parking spaces in order to compensate for the plan’s elimination of eight parking spaces.
Planning Board, 9-24-2012
In a narrative document, the applicant documented that while the proposed new warehouse use would eliminate eight existing parking spaces from the original approved site plan, the reduction would not create a parking problem. Planning Director Tegeder noted that the original plan includes a provision for about 100 “conservation spaces,” i.e., an area set aside on the site plan for future parking spaces that could be created if and when there was a need for additional spaces. He noted that the site does not appear to have a shortage of parking spaces.
Citing the requirements of the special permit language in the Zoning Ordinance, Planning Board attorney Karen Wagner asked the applicant to submit additional information that would establish a “finding” for the record that the proposed use would not interfere with the operations of the existing tenants in the shopping center.
If the required information is submitted on time, the Board will hold a public hearing on the application on October 15.
Planning Board, 9-10-2012
The Board reviewed the site plan for a special permit to permit a warehouse use of a 6,000 SF portion of the lower level of the Staples Center building.Entrance to the business will be from the rear of the building. The business is currently located on Front Street but wants more space. Although the business sells auto parts to garages and repair facilities within a 10-15 mile radius and is not a typical “retail” business, it will fill orders from area hobbyists who stop in. Because the plan includes the elimination of about eight parking spaces, Planning Director John Tegeder asked to see the original approved site plan for the shopping center to make sure that the reduced number of parking spaces wasn’t contrary to the approved plan.The Board also wanted to make sure that the warehouse plan did not preclude any future warehouse use for the remaining vacant space on the lower level.A public hearing on the special permit request was scheduled for October 16.
BP Gas Station (Mid Valley Oil Co.)
1917 Commerce Stree
Description: Request for replacement of oil tanks and installation of a fire suppression system.
Town Board, 5/15/2012
Public hearing: Special Use Permit for Mid Valley Oil Co (BP Station on Commerce St.)
The applicant explained that the company wants to replace three outdated single walled tanks with new double walled tanks and add a fire suppression system as a safety feature. Howard Frank raised several issues, including whether a piece of the property was actually on town land (an urban renewal parcel), why the applicant doesn’t install an emergency generator and bring gas service to the site (which would replace an existing fuel tank) and what could be done to improve the appearance of the building. Supervisor Grace explained that ABACA, the Planning Board and the Building inspector had no problem with the application, although theTown is looking into the question of the town owned land. The applicant said that his engineer had modified the plan to eliminate any encroachment on town land.Supervisor Grace said that as the application is only to replace the existing tanks, the board could not require the applicant to make changes to the building.
Howard Orneck asked the board to look into the size of the tanks and an old ZBA permit. In response, Supervisor Grace said that approval authority for gas station tanks had been transferred from the ZBA to the Town Board several years ago.
The Board approved the special use permit.
Town Board, 4/10/2012
The board voted to refer the application out to appropriate advisory boards and agencies for review with their reports due back by May 7th.A May 15th public hearing date on the application will be advertised.
Planning Board, 4/23/2012
The Planning Board saw no planning issues it needed to review.
Twist Yogurt Outdoor Patio
Special Permit for Outdoor Dining
Location: 20-38 Saw Mill River Road
Contact: Eric N. Singer Architects, P.C.
Description: Proposed patio and exterior staircase.
Planning Board, 4/23/2012
The Board discussed a proposal to build a patio with benches (but not tables) at the south end of the Roma
Building, cut into the hillside leading to the back parking lot. This would accommodate the large amount of pedestrian traffic newly generated by Twist Yogurt and give people a place to sit outside to eat their yogurt. Currently, people sit on the curbs and stand in clusters, creating a very dangerous situation. The Board concluded that the proposed patio would be dangerously close to the busy intersection and decided to ask the building owner to come to a meeting to discuss other ideas, including benches or a patio in the back parking lot. At this time, there is no formal application before the Planning Board.
Planning Board, 4/9/2012
The applicant, a new tenant in the Roma Building, is seeking a special permit to permit an outdoor seating area, approximately 24’ x 18’, on the side of the building along Route 202. The plan calls for benches only, plus a new exterior staircase that would link the two levels of the building. Because of the grade, a retaining wall will need to be constructed.
The board was supportive of the concept but was concerned about several design elements and asked the applicant to work with the Planning Department to work out some of the key issues that included the location of the staircase, the height of the retaining wall, and the existing curb in the lower parking lot.While the applicant is anxious to begin construction as soon as possible, Planning Director Tegeder explained that if the proposed retaining wall exceeds 4.5’ (the current plan calls for an 8’ wall), the Zoning Code could consider it to be a structure which would then trigger other requirements which would require a variance and site plan approval. One way to avoid the height issue, he suggested, was to use bollards to set off the dining area, but the applicant expressed some concern whether the bollards would provide sufficient safety for those sitting on the benches.
The applicant advised the board that the building’s new landlord had indicated that he was planning to redo the façade of the building but that he had no idea what the landlord’s timetable was. The landlord has indicated that he will contribute toward the construction of the new staircase. Once constructed, the seating area will be available for use by anyone and will not be restricted to patrons of the yogurt shop.
The applicant is expected to return to the board in two weeks with possible revisions to the original plan.
Location: 2441 Saw Mill River Road
Contact: Debra Drake
Description: Proposed expansion of existing control house by an additional 12 feet.
Planning Board, 3/26/2012
On a special permit referral from the ZBA, the board reviewed plans to add12’ on to an existing 15’ x 30’ substation buildingon Saw Mill River Road. The building is set back from the road and the bike path andany neighboring houses. The expansion will house some new capacitor banks that are needed to improve service during peak summer times. The project is being funded by a Department of Energy stimulus grant that addresses problems the electric grid experienced years back. There will be no work done outside the existing fence which will not be altered.NYSEG’s environmental consultant has indicated that there are no wetlands or other environmental issues that need to be addressed. Planning Director John Tegeder advised NYSEG to communicate with the Town Engineer regarding the possible need for an erosion and excavation permit.
NYSEG is working with the Building Department to clear up unfinishedpaperwork associated with the 1978 special permit obtained when the structure was built. A new special permit cannot be issued before the1978 permit issue is resolved.
The board will send a memo to the ZBA indicating that there are no planning issues involved.The ZBA has also referred the application to ABACA and the applicant has submitted information to that advisory board.
Yorktown Jewish Center
Zoning Board Referral
Location: 2966 Crompond Road
Contact: Zarin & Steinmetz
Description: ZBA application #52/11 for a special use permit for a daycare center.
Planning Board, 1/9/2012
Acting on a referral from the ZBA, the board reviewed the parking plan for a special permit for the Yorktown Jewish Center to permit a day care center on the site to be run by the Jewish Community Center which currently operates a similar facility at Parkside Corner on Route 202. The day care center will utilize four existing classrooms that have been used in the past for school use, and will have a maximum enrollment of 36 children and 5-7 staff people. The applicant had submitted a traffic study showing no impact from the proposed new modest use.
The proposed plan utilizes the existing traffic pattern into the site from which is from Loretta and James Street. Parents are expected to park and walk their children to and from the ramp into the building. At the board’s request, the center’s staff will be directed to park in a certain location.
An approving resolution will likely be voted at the January 23rd meeting so that the applicant can return to the ZBA on January 26th for final approval and a desired February start at the new location.
Northern Westcheste Restorative Care/Treetop Rehabilitation Center
Town Board, 6/19/2012
. The public hearing on a request for an amended permit was opened and closed without any comment. The Board approved the permit
Town Board, 5/29/2012
Based on information supplied by the applicant at the end of the meeting, the brief discussion focused on the applicant’s request that the board advertise a public hearing on its application for a special use permit to add approximately 2,900 square feet of additional space to its existing building. The ZBA has issued the needed variance.
Town Board, 3/`13/2012
In response to the confusion and uncertainty as to why this item was on the board’s agenda and what needed to be done, Building Inspector John Winter explained that the rehab facility had submitted an application for a slight addition to its existing facility and that because the Town Board was the approval authority for the Center’s special permit, the application had come to the Town Board, which, following procedures, the Town Board had referred to the Planning Board for review.
During the Planning Board review, it was determined that a variance was needed so the application was referred to the ZBA. And, as part of its procedures, the ZBA was now asking the Town Board if it wanted to comment on the variance application.
Zoning Board Referral
Location: 1752 Dogwood Road
Contact: Bhatt, Vaman
Description: ZBA application #65/11 for a special use permit for a professional office.
Planning Board, 2/13/2012
The application is for a massage therapy business in the existing finished basement of a single family residence.This type of use requires four parking spaces for the business and one for the residence, which the site already has.The two car garage provides parking for the residence, and there is already enough pavement to accommodate four more cars.There will be no employees, and the applicant says she expect never more than two clients at any one time.The Planning Board was assured there would be no change to the character of the neighborhood.The Planning Board approved the parking plan and has no objection to the special use permit.
Planning Board, 1/9/2012
The applicant did not appear at the meeting and no documentation regarding parking was provided. The request is to legalize a use that already exists. The Planning Department will send a letter to the applicant requesting the necessary documentation.