Town Board

September 26, 2017


Closed Executive Session

For volunteer board interviews and negotiations



1. Kitchawan Road rezoning

The discussion included the applicant, his attorney, and a local homeowner acting as a spokesperson for the neighborhood. Since the previous meeting, the homeowners have met with the applicant and worked up a list of neighborhood concerns and conditions they wanted included in any potential rezoning resolution.  Supervisor Grace said he appreciated the fact that the two sides could work together reasonably.


The applicant agreed to most, but not all of the conditions requested by the homeowners, including:

·        planting several white pines to screen the building from one house

·        assurance that site lighting would not spill over to their houses

·        signage on Route 134  would be similar to what currently exists


Citing some open space areas on the interior plans, the homeowners want a condition that will limit occupancy to a maximum of 30 people. The applicant said there were currently 43 parking spaces on the plan. Supervisor Grace and Councilman Bernard said that they didn’t think such a restriction was enforceable but the supervisor said he would look into the issue further; he said that any approving resolution would specify exactly what could be done at the site and that it could state that no expansion (of the building footprint) would be permitted. The supervisor added that the current board couldn’t bind future boards.


The homeowners would also like a side agreement with the applicant that they would have the right of first refusal on any future sale of the parcel after the county had exercised its first right of refusal.


The public hearing will resume on October 3.


2. 2353 Granville Court/wetlands permit

(See Town Board, 9-19-2017.) Attorney Al Capellini questioned why his client was being asked to put up a bond and pay an inspection fee in addition to all the other fees he had already paid. Town Engineer Quinn explained that the bond was in case the applicant didn’t satisfy all the conditions of the permit and that the inspection fee was required to see that all the required work was done property.  He added that town code gives the town the right to charge the fees, something Mr. Capellini disputed.   Supervisor Grace said he would look into both issues.


The applicant agreed to the condition that because his equipment will have to go over an existing pipe, the town will do a pre and post test of the pipe’s integrity to make sure that it is not damaged during construction. 


The details of where to locate an existing fence or gate to the town’s retention pond still needs to be worked out. If this can be done in time, the board may pass an approving resolution at its next meeting.  Supervisor Grace said he would visit the site.


3. Jefferson Valley Mall

The main discussion was the signage for 24 Hour Fitness with the board and Mr. Tegeder suggesting alternate locations and appearance. The applicant said he would study the issue further.


There was no decision on the height of the pylon sign that the mall owners want to erect outside Dicks that would be visible from Route 6. Supervisor Grace suggested an alternate site that he thought would offer better visibility. The applicant will arrange a balloon test at both locations.


The public hearing on the Sears amended site plan and a decision statement on the other two closed public hearings will be held in abeyance until all remaining issues are resolved.


4. Village Traditions, East Main Street, Mohegan Lake

In an item not on the agenda, the board realized that it had not issued a decision statement on the proposed rezoning after the July public hearing. Mr. Tegeder was directed to draft an approving resolution for approval at a future meeting.


5. 1711 Mohansic Avenue East/wetlands permit

An October 17 public was scheduled. The homeowner plans to install an in ground swimming pool.


6. 3211 Lakeshore Drive/wetlands permit

A wetlands permit was previously issued for this site but the proposed house was never built.  Because the new owner wants to build a smaller house, a new wetlands permit is needed. A public hearing was scheduled for October 17.


7. DOT culvert projects

Before proceeding with plans to replace culverts at Hill Blvd and Veterans Road using DOT grant funds, the town is required to hold a public hearing on the projects to review different options for how to proceed with the work. The hearing was scheduled for October 17.


8. 2715 Hickory Street/ Possible sewer extension

Developer Phil Sanders would like to develop two lots at the corner of Hickory Street and Granite Springs Road, both of which are in a wetland. In order to develop the site, he wants to connect the parcels to an existing sewer line in a public/private partnership where the town would supply the materials and he would install them. He does not want to wait until the town’s plans to bring sewers to Hickory materialize. The board appeared to have no problem with the concept, Supervisor Grace calling it a “no brainer” if someone else wanted to pay for the sewer line, but that more legal work had to be done. It was not clear from the discussion if other existing houses in the area would be able to tie into the line. Mr. Tegeder noted that if the amount of disturbance to the wetland exceeded one acre, the DEP would have to become involved.


9. 600 Madison Court/stormwater permit

The legal issue was whether frontage on a town easement constituted frontage on a town road. Supervisor Grace advised the applicant to seek a variance for being allowed to build with frontage on an unimproved road.


Update: At the October 10, 2017 meeting, Supervisor Grace announced that a public hearing was necessary.)


10. Roads

(See Town Board 9-5-2017.) Without any discussion the board voted to accept 15 roads as public roads. Two roads, Christine and Darby, that were on the original September 5 list, were not on the list that was approved.


11. Miscellaneous resolutions

Granite Knolls Sport complex: Authorized the supervisor to sign an Access Agreement with the Phoenix House Foundation to permit Montesano Brothers access to the site with heavy construction equipment.


DEC rent waiver:  The board voted 2-3 with Councilman Diana, Bernard and Lachterman voting no to waive a $175 fee for the DEC to use the Nutrition Center at the YCCC for a public meeting regarding the trout stream management program.


Mobile stage:  Approved the expenditure of $5100 to pay for the transport of the mobile stage from Arizona to Yorktown.



Contract negotiations