VILLAGE OF BRIARCLIFF MANOR, NEW YORK
PLANNING BOARD MEETING MINUTES
Tuesday, June 12, 2007
APPROVED
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, June 12, 2007 at 8:00 PM
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
Absent: 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.
Chairman Tung asked that staff present any relevant information about Old Sleepy Hollow Estates.
Dan Pozin, Village Attorney, reported back to the Board of Trustees regarding the inconsistency between section 873.727 sewer connection required and section 873.729 building served by separate sewers. Mr. Paul Kutzy, Assistant Commissioner, Westchester County Department of Health, noted that if a property is in the County Sewer District and a public sanitary sewer is located within 100 feet of the existing property then the property owner is required to abandon their septic systems and connect to the sewer system. Mr. Kutzy also noted his interpretation that if the subject property in question is not in the County Sewer District then the public sanitary sewer is not available to the property and connection is not required. It was noted for the record that the neighbors of the proposed
property to be subdivided are not in the County Sewer district.
Linda Whitehead, Attorney for the Applicant, noted that the county does require permitting for a repair of the septic systems.
David Turiano, Village Engineer, provided the Planning Board with a memo regarding recent public sanitary sewer facilities built within the Village. Mr. Turiano identified three instances where sanitary sewers were installed and homes along the route were on septic and were not required to connect. He noted the three following instances: the applicant for LRM installed a sanitary sewer line along South State Road; the applicant for Briar Vista installed a sanitary sewer line on Sleepy Hollow Road between Long Hill and Hall Roads and property owners along Hall Road petitioned the Village to install a sanitary sewer line along Hall road.
Member Teitelbaum noted that the e-mail obtained from Mr. Paul Kutzy did not convince him that the neighbors would not be obligated to tie into the sanitary sewer line once it became available.
There was a general discussion about properties in the sewer district vs. properties outside of the sewer district and compliance to the County sewer law.
Mr. Jesse Nowacki, representative from Water Resources, noted several communities that have the proposed E-one sewer system such as: City of Rye, 50 systems, Cortlandt Manor, 80 systems. He also noted that 60% of sewer lines that were installed are longer than the one proposed. The average time for a service to an E-one sewer system is between 8 and10 yrs. The expectant cost for a maintenance agreement for approximately 10yrs will cost of $200-$300 per year/per property owner.
Member Teitelbaum asked if there is a break in the line how will that affect the entire system.
Mr. Nowacki noted that all properties will have an automatic check valve to prevent backflow into system.
Chairman Tung asked if other companies offer the service of maintaining the E-one system.
Mr. Norwacki noted that there are other companies that do provide this service.
He also noted that a service call costs approximately $90 an hour.
Member Lotter asked if only one home is operational will the entire system work properly.
Mr. Nowacki noted that each home uses approximately 300 gallons of water a day which would allow the system to flush properly and work very well.
Member Gorlin noted that the Planning Board has considered the effects of underutilization of the system, as it has been a major issue, but Mr. Nowacki notes that underutilization of the system will not be an issue.
Member Lotter wanted to know what the cost to the Village would be to operate this system. Itemization of equipment and personnel would be helpful.
David Turiano, Village Engineer, noted that the Village has equipment in its inventory and personnel on staff that is equipped to manage the system.
Member Lotter asked if there is any way that a lateral to the sanitary sewer line could be installed for a property owner who has interest in connecting to the system.
Chairman Tung opened the public session.
Nick Evanchik, Alder Drive, noted that Mr. Nowacki stated that the average home produces 300 gallons per day of water which translates into 30,000 cubic feet (per house). He noted that larger homes in the Village uses 20,000 cubic feet and smaller homes use 13,000 cubic feet. (The Planning Board later noted that based on a conversion rate of 1 gallon = 0.13 cubic feet, 300 gallons would be equal to approximately 40 cubic feet)
Robert Pozini, Lynn Kenner’s Attorney, noted that there is a potential cost of $20,000 to approximately 11-12 homes. This would include a holding tank and possible construction impacts on destruction of their properties. These properties will be negatively impacted by this subdivision. He also noted that the Westchester County Health Commissioner can enforce any law at his/her discretion.
Member Neveloff noted that a property owner should not have to rely on the action or inaction of a government agency. He noted that there is a law on the books that states that these property owners shall connect to a sanitary sewer line if one becomes available within 100 feet of their home and at anytime the Westchester County Health Commissioner could decide to enforce the law.
Lynn Kenner, 70 Old Sleepy Hollow Road, stated that the Levine, Fidellow, Consulting, Inc. document noted all of the requirements of installing a 3” force main including minimum flows for proper pipe and pump operation and required depths of piping.
Karl Haeling, 647 Sleepy Hollow Road, noted that eventually all septic systems will experience failure and each property owner on this street will have to connect to the sanitary sewer line.
Karen Stern, 48 Old Sleepy Hollow Road, explained that the trench that will be created for the sanitary sewer line will cause damage to the trees. The tree canopy on Old Sleepy Hollow Road will be destroyed. The tree canopy is what attracted her to the area.
Alex Kenner, 70 Old Sleepy Hollow Road, noted to the Planning Board that her certificate of occupancy will be null and void if a new water and sanitary sewer line is installed. She informed the Board that she discussed with her mortgage company her ability to obtain a new mortgage if the certificate of occupancy is in fact null and void given the installation of the water and sanitary sewer line. She noted that the mortgage company would not issue another mortgage to the property.
Mr. John Cohen presented the Planning Board with a map of Pocantico Lake Park. He noted that the Town of Mt. Pleasant and Village of Briarcliff Manor share the river. He noted for the Board that Westchester County has designated Pocantico Lake a critical environmental area. He offered to share the map with the Village to review the area.
Linda Whitehead, attorney for the applicant noted that the Planning Board retained consultants to review the ecological issues of the site. She also noted that many properties on gravity sewers require pumps in order for the system to work effectively. Ms. Whitehead asked that the public hearing be closed.
Chairman Tung asked that Dan Pozin, Village Engineer, clarify legal vs. physical availability of sewer as it relates to the Westchester County Law and that Tim Cronin review the Levine, Fidellow, Consulting, Inc. Report for the Planning Board.
On a motion by Member Teitelbaum and a second by Member Lotter the public hearing was closed.
PB-17-2005 – SLEEPY HOLLOW COUNTRY CLUB, SITE PLAN
APPLICATION: The Planning Board reviewed an application for Site Plan Approval. The applicant is proposing modifications to the pool house. The property is located at 777 Albany Post Road.
David S. Steinmetz, attorney for the applicant, noted that the club is seeking an amended site plan approval for renovations to its Snack Bar and Locker Room Facility.
Mr. Steinmetz introduced Mr. Chris McCagg , Butler, Rogers and Baskett, Architect to present the site plan to the Board. Mr. McCagg noted that the pool facility upgrades have been proposed in order to address aesthetic concerns and desired improvements to member services. The project calls for a complete renovation and modification to the Snack Bar building, as well as an exterior renovation to the Locker Room Building. He noted that the improvements to the snack bar include the extension of a one floor building structure to the existing snack bar. The floor area will be constructed over an existing open terrace. The net increase of impervious area will be limited to 364 square feet.
Chairman Tung requested that the Club provide a general site location map, locating the Club in the Village of Briarcliff and on the Club property. He also requested confirmation that there would be no increase in the peak rate of runoff from the property to Route 9. He asked that Dan Pozin, Village Attorney and Sarah Yackel, Village Planner prepare a resolution of approval for site plan and SEQRA.
VILLAGE ENGINEER’S REPORT: The Village Engineer notified the Planning Board that the Board of Trustees has approved the capital budget and informed the Board about several projects within the budget.
MINUTES: The Planning Board approved minutes for March 13, 2007, April 10, 2007 and May 8, 2007.
On a motion by Member Lotter and a second by Member Neveloff the meeting was adjourned at 10:30 PM.
Respectfully submitted,
Ingrid M. Richards
Assistant Village Manager
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