Proposed new upscale shopping center to replace Yorktown Motel


Background
The developer had apparently been before the board over the summer to discuss the concept of an “upscale” shopping center that would involve Rte 202 and the Bear Mountain Pkwy . The board must have expressed concern about traffic issues, DOT (Department of Transportation) plans for the area, etc. and asked to developer to get a clarification on those issues from DOT and come back.

11/13/2007
Developer said they had had discussions with DOT and were prepared to make $1M in traffic improvements that would take future DOT plans into account. They presented a very general overview of the traffic issue (those in the audience could not see any of the information) and basically wanted the “green light” from the board to make a formal application so that they could begin the actual traffic studies.

Campisi, Metz and Bianco appeared most concerned that proposed traffic improvements would actually ameliorate the problems on Rte 202. They wanted “proof.” Martorano seemed more positive towards the project saying it was a good thing for the town. They all realized that DOT improvement plans for the area were a long way off and that the town didn't have the money to make the improvements. All agreed that the only way to assess the merits of the issue were for the developer to make a formal application and then begin the expensive process of doing all the necessary traffic studies.

Which led to the following additional problem. Under the master plan and rezoning that was “put on hold” because the lawsuit ruled that the town had been adopted the plan illegally, the town board was to take jurisdiction over site plan approval for this area and type of development (a PPD overlay.) But the parcel is currently zoned C3 which gives Planning Board jurisdiction over the site plan. (The town board isn't comfortable with the job the planning board has been doing which is why it wants the jurisdiction over large developments like a shopping center.) The master plan is currently being redone to meet the legal issues but the process won't be completed until the spring. Question: what should the developer do in the meantime: apply to the planning board under C3 or wait for the master plan to be approved – which could be delayed beyond the spring. Developer said other towns wanted this type of development so he didn't wanted to keep delaying filing an application.

After some discussion and input from the town attorney it was decided that the developer should file an application with the planning board and that the town board should make sure that its concerns are included in the SEQRA scooping session. Once the master plan change is completed, the town board will take over responsibility for processing the application.


October 28, 2008, work session
In brief comments to the board, Attorney Al Capellini, representing the owner of the property, advised the town that the proposed project is still alive although the original developer has dropped out. The owner of the p;roperty is pursing the plan. Mr. Capellini asked the board about the status of the revised Comprehensive Plan and was assured by the board that it would be completed by the end of the year.

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