Wetlands Issues


Wetlands Permit for Jefferson Village
11/20/2007
The applicant needed a permit to do three maintenance projects involving dredging of streams, culverts, retention pools, etc. and restoring sides of drainage ditches due to erosion over time. Board had no problem with this.

Because this type of work needs to be done on an ongoing basis, the town, some time ago, created a new “general wetlands permit” that would be good for several years (possibly 5) and would require the applicant to submit annual plans to the town engineer. The engineer would only take the application to the board if something different and/or significant was being proposed. This is designed to eliminate the need for the applicant to keep coming back to the town for routine, ongoing maintenance issues that come under the purview of the wetlands ordinance.

There was some confusion as to whether the applicant was asking for a “general permit” or a permit for the 3 new projects. It was decided that the current application, as advertised, was only for the 3 projects.


Franzese Wetlands Permit
January 22, 2008
Property owner needs wetlands permit to build a swimming pool.
Although not discussed in detail (the item had been discussed at earlier board meetings), the issue was that due to some changes in adjoining parcels that took place circa 1997, approximately 75% of this lot is in a wetlands buffer – which then places pool in the buffer.

February 19, 2008, Public Hearing
The proposed swimming pool is in a wetlands buffer that is currently lawn and the pool will be 10-15 feet from the wetlands.

The town's environmental consultant Bruce Barber said that the application had been reviewed in excess of two years and that the applicant had cooperated with the town and the New York City DEP to make modifications in his plans, including moving the pool further out of the wetlands buffer and mitigation measures to reduce the pool's impact on the wetlands. He considered the mitigation measures to be satisfactory. The town will not issue a building permit until the owner has met all conditions; it he doesn't, the wetlands permit will become null and void. The conditions include a performance bond and permitting site inspections for five years after the pool has been constructed.

The board approved the wetlands permit by a 4-1 vote. Councilman Bianco voted against the permit on the grounds that not all environmental concerns and proposed mitigation measures had been satisfactorily addressed. He felt that permitting a pool 10 feet from a wetlands was “just too close.”

Councilman Campisi said he was originally against the permit but that he changed his mind after the DEP said it had no problem with the revised plans. If the plans are okay with Bruce Barber, he said, then they're okay with me.

Councilman Metz also said that the plans had been “studied to death,” that the approving resolution contained “tough conditions” and that the applicant had acted in good faith to minimize any impact on the wetlands. He also responded to a comment from Ed Ciffone to the effect that he had never seen the board turn down a wetlands permit. The reason, Metz said, was that some applications never get to a public hearing because the board tells the applicant during the very beginning of the process that it would not approve the permit.


Legacy Ballfields
Wetlands permit needed for road access. See Legacy Ballfields


Moreira Wetland Permit
Planning Board, 3/10/2008
Section 27.10 Block 1 Lot 3 (369 Alden Road)
The board re-approved a wetlands permit for the construction of a sewer line and residence in a wetland and wetland buffer. The original permit had been approved in September, 2005 but additional review and approvals were required by the NYS DEC and the Army Corps of Engineers. There was no discussion of the application or mitigation measures.


July 8, 2008 town board work session
Altimari Wetland's Permit (1025 Hanover Street)

Mr. Altimari explained to the board that after over two years of preparation and planning, he had received permission to obtain a wetland's permit to build a swimming pool on his property. However, due to financial circumstances at the time he had to put a hold on the project and he never actually obtained the permit. Now that he has the funds to construct the swimming pool, there has been a change in the wetland's law he has to file a new application for the permit. The board reviewed the plans and set an August 5th public hearing on his application. Councilman Bianco said he would make a site visit prior to the hearing.


August 12, 2008, work session
IBM Wetlands Permit

See IBM



1025Hanover Street
September 22, 2008, work session

The applicant is requesting a wetlands permit to construct an in-ground swimming pool in a wetlands buffer.

On referral from the town board, the planning board had no objections to the application which it considered primarily an issue of concern to the Conservation Board. The board will send a positive recommendation to the town board.


Mohegan Lake Improvement District
April 29, 2009
The Mohegan Lake Improvement District has submitted an application for a wetlands permit, similar to the one it had in previous years, for some maintenance work. Because the board's June 2nd meeting will be held at the lake, Town Clerk Alice
Roker said she would schedule the public hearing for that date. Ken Belfer, representing the District, said there would be no problem delaying the hearing until then.


June 16, 2009
Public Hearing: Wetlands Permit for Mohegan Improvement District
As part of the hearing, Amy Belfer, the daughter of Ken Belfer, the president of the Mohegan Improvement District, gave a history of the lake and surrounding lands and her father gave a report on the efforts of the MID over the past year to develop a 10 year plan that would protect and upgrade the quality of the lake which experiences algae bloom in the summer. The lake also has a problem with three undesirable invasive species.

People wishing to learn more about the lake are invited to join the group's online listserv by sending an email to lakemohegan@gmail.com

Councilman Bianco commended the homeowners for the fantastic job they had been doing caring for the lake and noted that the town needed to do something to eliminate the stormwater runoff that was adding phosphorous to the lake which in turn encouraged the algae growth. He noted that in the past it was the town that had constructed the drains that emptied the stormwater into the lake.

He added that over development around the lake was also a problem, noting that the town recently converted some dock lots that it owned to parkland in order to limit development. He said it was also important to limit development on the wetlands on Route 6 as the wetlands also protected the lake.

Supervisor Peters said that the town might consider enforcing the county's ban on phosphorous in fertilizer, scheduled to take effect in 2011, in 2010 in Yorktown.


Wetlands permit/request for an extension, 738 E. Main Street

August 11, 2009, work session
Mr. Brian Bonsignore received a wetlands permit approximately three years ago but due to a variety of problems, the work to remove the existing house on the property took longer than anticipated and the wetlands permit is due to expire in 90 days. By law, the permit can only be extended for one more additional 90-day before needing to apply for a new one. He did not think he could get a new foundation in by that time.

In the interim, he has scaled back the size of the new house to be built on the site.

The board voted to issue the 90 day extension and advised Mr. Bonsignore to work with the town's environmental code inspector if there are more delays getting the building permit and other work started.


January 11, 2010, work session

Mr. Bonsignore said the Town Board had already granted two wetland permits for this project, but one expired while he was trying to get financing and the other because he was erroneously advised that he needed a zoning variance for the project. Mr. Giordano said that if the Town Board had granted a wetland permit in 2006, there should be no objection to doing so now.  Mr. Tegeder pointed out that it’s not clear that the current plan is the same as the one given the wetland permit in 2006.  The house is smaller, has been relocated and the amount of paving is different.  The house is in the wetland buffer area.

The Planning Board will hold this project over for the next meeting to give the applicant a chance to reflag the wetland and for the Conservation Board to do a site visit.  The Board will advise the Town Board to pay particular attention to the grading proposed within 10 ft of the wetland and will suggest the house be moved further from the wetland.

 


September 1, 2009
Public Hearing/Wetlands Permit for Jefferson Village Owners Corp
.
Dan Ciarcia, the engineer representing the Jefferson Owners Corp, explained that the general maintenance permit would enable to JVOC to complete several multi year drainage projects and continue an ongoing maintenance program for drainage related systems. Specific plans will be reviewed by the town engineer. The general permit will eliminate the need for the JVOC to come before the board for repeated wetlands permits.

 


April 13, 2010, work session

 

Wetland Permit Zeal Construction, Parmley Road - Joe Scorsone

Conservation Board does not approve - this is in wetland buffer line -- 3 feet off the road.  Nick Bianco wants to visit site and discuss this issue on April 27th.  Eric DeBartolo stated that the area is under water when it rains.

 


April 27, 2010, work session

 

Wetland Permit Zeal Construction Parmley Rd - Joe Scorsone

- Bruce Barber will go check the site


May 10, 2010, regular session

Glassbury Court at Hunterbrook

Decision for Changes to Wetland Mitigation Plan 

Location: Catherine Street 

Contact: Wilder Balter Partners

Description: Additional wetland mitigation designed to account for field changes to approved plans. 

A larger than expected wetland incursion required a revision of the wetland mitigation plan.  The plan was revised in consultation with Bruce Barber, the Town's environmental consultant and he approved the work on a site inspection.  The Planning Board requires an “as built” plan and bonding for the survivability of the mitigation plantings.  Mr. Tegeder said some discussion between the Planning Department and the Planning Board Attorney is necessary to determine the amount of bonding.  This is because the different mitigation measures are at different stages, some are already older than others, some were done incorrectly and had to be redone, so the bonding requirements are complicated.  The Planning Board voted to approve the wetland mitigation site plan revision.  

 

 

 

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