Village of Briarcliff Manor, New York
Planning Board Meeting Minutes
Tuesday April 1, 2008
A special meeting of the Planning Board of the Village of Briarcliff Manor, 5 Van Lu Van Road, Briarcliff Manor, New York 10510, was held in the Youth Center on Tuesday, April 1, 2008 at 8:00pm.
Members Present: Andrew Tung, Chairman
Bill Gorlin, Member
Shelley Lotter, Member
Jay Neveloff, Member
Jay Teitelbaum, Member
Ed Nolan, Alternate Member
Also Present: Daniel Pozin, Village Attorney
Ingrid Richards, Assistant Village Manager
Sarah Yackel, Planning Consultant
Christine Dennett, Village Clerk
Absent: David Turiano, Building Inspector
Call to Order: Chairman Tung called the meeting to order at 8:00pm.
PB-05-2006-OLD SLEEPY HOLLOW ESTATES, LLC-SUBDIVISION AND WETLAND APPROVAL: The Planning Board reviewed 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. The public hearing for this application was concluded at the June 12, 2007 meeting.
Ms. Linda Whitehead, the attorney for the Applicant, reviewed the proposed revisions to the application as detailed in her letter of March 31, 2008. She stated the Applicant would be willing to pay to have a Village representative onsite when road excavation for the sewer line was to occur in the area of existing trees. She further stated the Applicant would place seven boulder markers and record a separate declaration to delineate the wetland buffer within proposed Lot 1. She stated the Applicant offered to purchase ten street trees for the Village to install as it may see fit along Old Sleepy Hollow Road or Sleepy Hollow Road within two years of the installation of the sewer and water mains. She stated with the incorporation of these items the Applicant addressed the principal concerns and the application would not
result in any adverse environmental impacts. She stated doing an environmental impact statement would bring the process back to the beginning.
Member Neveloff asked for a time sequence relating to the installation of the sewer line.
Ms. Whitehead explained the sequence and stated the road would remain open at all times.
The Board had general discussion about the widening of Old Sleepy Hollow Road and a turnaround for the fire department.
Chairman Tung asked if the consultant had heard from all other agencies contacted regarding the Planning Board’s intent to become lead agency for SEQRA.
Planning Consultant Yackel stated all agencies replied and none of them wanted to be lead agency.
Member Neveloff stated his concerns with the application and moved that the Board reject the application.
Chairman Tung stated he respected Member Neveloff’s position, but the Board was advised by Counsel that it is required to become Lead Agency and make a SEQRA determination before any other action is decided.
The Board had a general discussion relating to SEQRA.
Member Teitelbaum stated he was weighing the costs and benefits of the application and, if approved, he believed that the approval and installation of the sanitary sewer line would pose a risk to the Certificates of Occupancy of the other home owners in the area. He further stated the application wasn’t adjacent to a critical environmental area, it was in it, and the disturbance wouldn’t be worth it. He stated he would vote for a negative declaration if it meant the Board could vote on the application.
Chairman Tung stated the application was a zoning compliant residential proposal in a residential zone, and he believed there had been significant progress in avoiding, minimizing and mitigating the potential impacts of the application over the course of its review. He stated he would vote for a negative declaration.
Upon motion by Member Gorlin, seconded by Member Lotter, the Board voted unanimously to become lead agency.
Upon motion by Member Gorlin, seconded by Member Lotter, the Board voted 3-0-2 to adopt a negative declaration based on the measures recently proposed subject to amending the resolution to reflect the revisions.
AYES: Member Gorlin
Member Lotter
Chairman Tung
ABSTENTIONS: Member Neveloff
Member Teitelbaum
Upon motion by Member Neveloff, seconded by Member Teitelbaum, the Board voted 2-3 to deny the application. Motion failed.
AYES: Member Neveloff
Member Teitelbaum
NAYS: Member Gorlin
Member Lotter
Chairman Tung
Upon motion by Member Gorlin, seconded by Member Lotter, the Board voted 3-2 to approve the application as amended.
AYES: Member Gorlin
Member Lotter
Chairman Tung
NAYS: Member Neveloff
Member Teitelbaum
ADJOURNMENT
The Board voted unanimously to adjourn the meeting at 9:30pm.
Respectfully submitted by,
Christine Dennett
Village Clerk
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