VILLAGE OF BRIARCLIFF MANOR, NEW YORK
PLANNING BOARD MEETING MINUTES
Tuesday, April 10, 2007
FINAL
A regular meeting of the Planning Board of the Village of Briarcliff Manor, 1111 Pleasantville Road, Briarcliff Manor, New York 10510, was held in the Village Hall on Tuesday, April 10, 2007 at 8:00pm.
Members Present: Andrew Tung, Chairman
Bill Gorlin, Member
Shelley Lotter, Member
Jay Neveloff, Member
Jay Teitelbaum, Member
Also Present: Sarah Yackel, Planning Consultant
Daniel Pozin, Village Attorney
Ingrid Richards, Assistant Village Manager
David Turiano, Building Inspector/Village Engineer
Ed Nolan, Alternate Member
Call to Order: Chairman Tung called the meeting to order at 8:00pm.
PB-05-2006- PUBLIC HEARING (CONTINUATION)- OLD SLEEPY HOLLOW ESTATES, LLC-SUBDIVISION AND WETLAND APPROVAL: The Planning Board held a public hearing on an application to subdivide 5 acres into three (3) residential building lots in an R-40 zone. Each lot is proposed to be serviced by public sewer and water and individual driveways. The property is located at 61 Old Sleepy Hollow Road.
Ms. Linda Whitehead, attorney for the applicant, noted that the applicant did meet with the Lobers, neighbors of the proposed subdivision. Based upon that meeting the applicant has made the decision to move the building footprint for Lot 1 20 additional feet from the property line. This will create a 50 foot side yard setback from the property line.
Ms. Whitehead clarified for the public and the Planning Board that none of the proposed homes are in flood zones therefore the superimposed flood map that has been presented by Mr. Kenner’s Engineer is incorrect.
Ms. Whitehead also acknowledged that many of the resident letters asked that a gravity system be considered. In her opinion, the gravity system would not work given the topography of the land. More specifically, many of the homes would need pumping systems to pump the waste to the gravity line.
Member Teitelbaum asked if the Village will consider creating a fund that would offset the cost of the sewer system. He asked the applicant’s engineer to explain the crossing of water and sewer lines.
Mr. Tim Allen, Engineer for the applicant, noted that the design of the sewer will be finalized during the detailed engineering phase and that all appropriate Village and health department regulations will be adhered to.
Mr. Steve Marino, Tim Miller Associates, described the wildlife report. Mr. Marino noted to the public that numerous visits to the site occurred over the past two years. Site walks, which included wetland delinations, wildfire observations, tree surveys and plant inventories, were conducted by three different Tim Miller Associates biologists in October and November 2005, and January, April, May and July of 2006. An additional site visit was conducted in February of 2007 to photograph the different vegetative communities. These visits were adequate to cover seasonal variations in wildlife movement and growing seasons.
Mr. Steve Marino also noted that no reptilian, amphibian, or mammal species listed as endangered, threatened or species of special concern were observed during field investigations. He noted that during site visits an osprey was observed flying over the site near the Pocantico River.
He also noted for the public that there were no observations of rare, endangered or vulnerable plants within the area of disturbance.
He noted that the property was relatively dry, and the only issue that may present a concern to possible species that may live on the site was the use of pesticides.
Member Teitelbaum asked if it was the applicant’s position whether the planning board was required to consider endangered, threatened or species of special concern.
Mr. John Lacey, 581 Sleepy Hollow Road, noted that the area in question is not dry. He also stated that there are many trees that have been cut down on Old Sleepy Hollow Road.
Ms. Alex Kenner, 70 Old Sleepy Hollow Road, presented the Board with pictures of wood chips that represent where trees used to be located on Old Sleepy Hollow Road. She asked that the Board follow Mount Pleasant’s lead and not approve a subdivision in this area.
Ms. Lois Lober, 55 Old Sleepy Hollow Road, noted to the public and the Planning Board that she does not use pesticides on her property. Ms. Lober also wanted to make sure that there would be no additional runoff onto her property.
Mr. James Lober, 55 Old Sleepy Hollow Road, noted that many people do not respect the setbacks for wetlands. He also noted that many homes are not selling.
Ms. Midge Bosak, 15 Old Sleepy Hollow Road, noted that the property has never been dry. She also informed the Board that residents who live in the area have signed a petition asking that the Board withhold its approval of the subdivision. The petition stated that because this area is contiguous to a Critical Environmental Area, this watershed area should be protected from the adverse effects of development.
Nicholas Evanchik, 119 Alder Drive, stated that the Planning Board should insist on a firm design of the full water supply project before there is a decision made on approving the sewer location for this project. The cost implication of the sewer should be itemized before any approval decisions are made. Mr. Evanchik also noted that he spoke to Ms. Natasha Cord about Westchester County’s sewer connection law. Ms. Cord informed him that once a sewer is provided the property owner must connect. Mr. Evanchik noted that the Planning Board should obtain a septic permit that has been issued by Westchester County.
Mr. Lynn Kenner, 70 Old Sleepy Hollow Road, noted for the public that flow velocities of greater than three feet per second are recommended to flush solids from the system. The sewer system should be self flushing or the solids will settle in the pipeline and cause blockage. He noted that the homeowner has a greater responsibility with the E-one system as opposed to the gravity system.
Mr. Mort Berger, 2 Elizabeth Court, noted that if the property owners are going to fertilize their lawn then pesticides could potentially get into the Lake.
Ms. Linda Whitehead, attorney for the applicant, noted that Mt. Pleasant had a huge development that was closer to the Lake. She also made the comment that each development should be judged on its own merits.
Member Teitelbaum asked that the applicant assess the effects on run off onto the Lober neighboring property. He also wanted the applicant to review the effect of development on the greenhouse on the Lober property.
Mr. John Cohen noted that when the Mount Pleasant Board voted down a project adjoining Pocantico Lake in the Town it was not a wet property.
Ms. Kane, 365 Elm Road, noted that development usually causes run off onto neighboring properties.
Chairman Tung suggested that the Board consider closing the oral session of the public hearing and allowing the residents to submit any additional written comments for 10 days.
Member Neveloff noted that as the proposed sewer system had changed during the course of the review, it would be helpful if the applicant prepare a summary of the system as currently proposed, and to have the system’s manufacturer’s representatives attend the next hearing to answer questions.
The public hearing was continued to the May regular meeting of the Planning Board.
PB-14-2006- MATRA- AMENDED SITE PLAN APPROVAL: The Planning Board reviewed an application to amend a site plan. The applicant is requesting approval to build a two story rear yard addition to the existing mixed use building property located at 1133 Pleasantville Road.
Mr. Greg McWilliams noted that the applicant wants to obtain approval for restaurant use. He noted that his client Anthony Matra requests that the Planning Board grant a 25% parking waiver for possible new restaurant use.
Chairman Tung discussed dynamics of parking for restaurant vs. office space and the effect each scenario will have on the number of parking spaces.
Member Neveloff asked how busy is the area during lunch time and is it possible for an arrangement to be reached with the gas station for additional parking.
Chairman Tung suggested that the Board could act on the resolution approving the expansion for office use, and when the applicant has more detailed information about the potential restaurant tenant and existing and proposed parking utilization, he can come back and request permission for restaurant use.
The applicant decided to review all of his options and comeback to the Board at a later date with his decision on how he wanted to proceed.
PB-05- 2007– YONKERS CONTRACTING COMPANY, INC, MOUNT PLEASANT SUBDIVISION, WETLAND PERMIT APPROVAL: The Planning Board reviewed an application for a wetland permit per Chapter 131 of the Code of the Village of Briarcliff Manor. The permit is requested by the applicant who has gained subdivision approval for a subdivision located in the Town of Mount Pleasant.
Mr. Pete Romano, Yonkers Contracting, noted that the applicant is requesting that the Planning Board approve a utility connection in the form of a gravity sewer line to cross the Washburn Creek. The proposed sewer will connect to an existing County sewer line between Chappaqua Road in the Town of Mount Pleasant and the Taconic Parkway in the Village of Briarcliff Manor. Construction work within the Village will be limited to the Taconic State Parkway right-of-way on the east side of the northbound lane approximately 1,500 feet north of the intersection of the Parkway and Pleasantville Road.
The application involves approximately 1,500 square feet within the Village boundaries for installation of an underground pipe. The proposed work will require a wetlands permit from the New York State Department of Environmental Conservation (NYSDEC) and the Army Corp. of Engineers (ACOE), a highway utility work permit from the New York State Department of Transportation (NYSDOT) and permission to connect to the sewer from the County.
Dan Pozin, Village Attorney, informed the Planning Board of Village Code section 131-7-E. This code states that the Planning Board, at its discretion, may waive its power of review and approval where the Board determines that the proposed nature and scope of activity is such that the application should be handled administratively by the Village Engineer. In such cases, the Board shall direct the Village Engineer to decide the matter in accordance with the normal administrative procedures for application submitted pursuant to the requirements of section 131-6B of this chapter.
On a motion made by Member Neveloff and seconded by Member Teitelbaum, the Planning Board decided that this matter would be handled administratively by the Village Engineer/Building Inspector.
The Planning Board decided that due to the minimal disturbance that will occur in the Village and the fact that NYSDEC, ACOE and NYSDOT will issue permits then it would be most appropriate to have this issue handled administratively.
ZBA CASES: The Planning Board had no comments on the case below.
V-6-2007 - Varriano, Robert 27 Cedar Drive East
VILLAGE ENGINEER’S REPORT: Village Engineer reported on the following ongoing projects:
· The Village received digital flood maps;
· the temporary office on the Barrington property will be removed;
· the Library will go out to bid on April 11 and bids are expected back on May 11;
On a motion made by Member Lotter and seconded by Member Gorlin, the meeting was adjourned at 10:50 PM.
Respectfully submitted,
Ingrid M. Richards
Assistant Village Manager
| 