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Yorktown Farms
Location: Route 6 and Somers town line, Jefferson Valley
Description: Proposed 22 lot subdivision on 43.5 acres in the R1-40 zone
Section 17.06 Block 2 Lot 32
Represented by: Dan Cicarcia=engineer and David Steinmetz=lawyer
1/14/2008: Planning Board Public Hearing on Final Subdivision Approval
Mr. Steinmetz reiterated to the Planning Board that the developer, Mr. Santucci, is committed to providing sewers to 67 neighboring parcels, as a condition of the Town Board having rezoned the property, and Mr. Steinmetz summarized the progress made on achieving that. He described the overwhelming support of the 67 neighboring homeowners in that far in excess of the 51% approval required for the formation of a sewer district has been obtained. Mr. Steinmetz expects to file the petition for the formation of the sewer district later this week and to be before the Town Board on this issue in February. He repeatedly emphasized how cooperative and supportive the neighbors have been.
Mr. Steinmetz addressed the conflict between DEC which is the permitting authority for activity in or near the state wetland on the property) and the NYSDOT which is the permitting authority for access to the property from
Route 6). The DEC does not want the subdivision's main street connection to be via
Gay Ridge Rd. because this would require crossing the wetland, but the DOT disapproves of an active access via Route 6. The applicant is going ahead with plans to have access via Gay Ridge Rd with a modest wetland crossing (requiring a state permit) and with no full-time connection to Route 6, just emergency access. This was a condition the Town Board set for the rezoning of the property. Mr. Steinmetz wants to go to an upcoming meeting with the DEC with an indication that the Planning Board has closed the public hearings and is preparing its final resolution as a way to encourage the DEC to resolve the conflict.
Mr. Cicarcia said there were no substantial changes in the plans, but described some refinements:
A water main was added connecting to one on Stonewall Ct. This change was requested by the Water Department, because it allows a looped water system. A looped water system is desirable because it yields better water quality and makes flushing easier, however the additional main will require an additional state wetlands permit and an easement from the Town Board because the line will go through the state wetlands which is on Town parkland.
A trench drain was added in the back of the cul-de-sac lots bordering Stonewall Ct. lots. This will intercept all surface run off and some ground water before it gets to the neighboring properties.This was added to address the concerns of Stonewall Ct. neighbors.
The details of pump station at corner of Curry and Gay Ridge Rd. were included in the plans.
Language for sewer and conservation easements was submitted for the Town Attorney's approval.
There was some discussion of the connection of the 67 neighboring property owners to the new sewer system of the proposed subdivision:
The applicant is to give neighboring property owners a stipend to defray cost of the sewer hook up, and the applicant will bear cost of constructing sewer connections to homes where the owner is required to give up sewer easement for construction of the sewer mains.
The Chairman asked when the existing houses will be hooked up in relation to granting the COs for the new houses. Cicarcia pointed out that the new houses can't be on line until the pump station and mains down Curry and Gay Ridge are finished anyway, so once that's done, all that's left is for the existing houses to connect to the street. The infrastructure for the new and existing houses would be ready at the same time. Mr. Steinmetz added that the applicant would like to have a model house finished early on, but doesn't expect COs for the rest of the new houses until all the sewer infrastructure is in. The applicant recognizes that the Planning Board is protecting the community, making sure it gets the benefit of the construction, as promised.The applicant recognizes the need for bonds for the sewer infrastructure completion and for the hook up stipends.
John Tegeder pointed out that the Town Board resolution rezoning the property includes language about the timing of sewer improvements before any COs are granted. Then the question was asked: Is the term “sewer improvements” meant to include the connection of individual existing houses? Planning Board concluded that the means to connect must be in place before COs are issued but it is up to the homeowners to actually achieve their connection, with the help of the stipends.
There were several comments and questions from the public during the public hearing portion:
A neighbor on Jefferson Ct. to the south asked about the fate of a stone wall on the property boundary. Usually stone walls are left intact or replaced if they have to be disturbed. The Planning Board stipulated that language be included for the restoration of this stone wall.
A neighbor on Stonewall Ct. asked for clarification of the location of the water main through the wetland on Town parkland, since this borders his property.
Two neighbors on Jennifer Ct. and one on Gomer St. urged the Planning Board to close the public hearing and move quickly to their resolution approving the final site plan so they could get their sewer connections. Two of these particularly expressed their frustration at the slow pace of the approval process, and one also expressed her resentment at her perceived need to apologize for making the sewers a primary concern. They pressed the Planning Board to specify when they could expect the final approval resolution. The Chairman would not/could not provide this date before the actual vote and pointed out that the process for this particular project has gone very quickly, considering the legal requirements for certain kinds of review, public hearings and mandated time constraints.
Mr. Steinmetz reminded the neighbors that yet another public hearing was necessary, i.e. for the formation of the sewer district.
Planning Board member John Flynn said that it was not the Planning Board's intention to make the neighbors feel as though they needed to apologize for their focus on sewers.
The Planning Board allowed 2 more weeks for written comments, but otherwise closed the public hearing. It directed the Planning Department staff to start preparing the final approval resolution.
The applicant asked for and was given permission to apply to the Town Board for the sewer district formation before the final site plan approval.
January 28, 2008 (Planning Board work session)
The discussion centered on questioning and refining some of the language and requirements of the draft resolution for final site plan approval.
Limits of Disturbance for tree cutting
Mr. Tegeder required that the applicant
specify the areas in which tree cutting will be allow and the areas where the trees
will be preserved so that contractors on the site will have direction and be controlled
in their tree cutting activity. Mr. Steinmetz pointed out a difficulty with that
requirement, i.e. the draft site plan resolution calls for tree removal to be approved
by ABACA (=Advisory Board for Architecture and Community Appearance), but
this review is not feasible in the individual building lots at this time because the
footprint of each house hasn't been determined. At the same time, the applicant
needs guidance on the permissible tree cutting in the common areas because they
need to put in the infrastructure far in advance of when ABACA will review the
trees on individual lots. Mr. Tegeder was adamant that the limits of disturbance
needed to be specified on the site plans at this time. The Planning Board decided
that the limits of disturbance would be specified at this time and when the
individual lots came before the Planning Board, the applicant could ask for
modifications in the tree cutting limitations.
Sidewalks and Street Trees
At the request of the applicant, the Planning Board
waived the requirement for sidewalks because there is no recreation area within the
proposed subdivision that needed sidewalk access, it is desirable to limit the
amount of impermeable surface as much as possible, sidewalks have maintenance
issues and sidewalks are unlikely to be used. The applicant asked, and was
allowed, to install the required street trees (at least 44) at the time of individual
lot site plan review. If the new homeowners had other landscaping plans, they
could remove the trees.
Logistics of Payout of the $3000 Stipend to Neighbors for Sewer Hook Ups
Mr. Steinmetz alerted the Planning Board that there are concerns about the
mechanism of how this money will actually be paid out. He is concerned that COs
will be withheld from the applicant if there are any snafus in getting the money to
the neighboring homeowners. Mr. Tegeder suggested an escrow account be set up.
Neither the applicant nor the Planning Board wants to administer this account or
the pay out. Mr. Flynn proposed withholding the stipend from individual
homeowners until they show proof of sewer connection, that being the point of
the stipend. Mr. Klaus maintained that homeowners cannot be forced to hook up
the sewer and they could use the stipend for whatever they wanted. Mr. Giordano
was of the opinion that all the homeowners would want to connect in order to
increase their property values.. In the end, nothing
was decided about the logistics
of the stipend pay out, and no changes were made with respect to requiring sewer
connection as a condition of the stipend.
Water Main in Town Parkland
The route of a water main making a loop
connection with a main on Stonewall Ct. might have to be changed. This main
was slated to run through a proposed easement within Town dedicated parkland.
Apparently the Town will have to go to the State Legislature in order to grant an
easement in dedicated parkland. If this is the case, the water main plan will be
altered again.
Gay Ridge Rd
Mr. Giordano addressed the nuisance factor for the neighbors on Gay Ridge Rd.
during the construction phase, since all the traffic will access the site from this
residential street, and construction workers will need to park there. It was decided
that existing Town laws would handle any problems that arise.
Planning Board, February 11, 2008
Decision Statement
Chairman Klaus asked for clarification of the schedule for repaving Gay Ridge Rd. The applicant agreed that the street will be restored to a totally usable condition as soon as sewer improvements are completed, but a final top coating of pavement will not be applied until the construction is substantially complete. This will preserve the new pavement from damage by construction vehicles. After correcting a few other points of wording in the approval resolution, the Planning Board approved the final subdivision plan. The wetland and excavation permits are included in the final approval resolution. The applicant is still in discussions with the NYS DEC and DOT about the state wetland permit and the connection of the subdivision to route 6.
The formation of a sewer district for this subdivision and the neighboring houses was the subject of a referral from the Town Board. This topic was on the work session agenda which followed the public meeting. The Planning Board will recommend to the Town Board that the sewer district be formed.
March 4, 2008, Town Board meeting
A public hearing was held to create a sewer district to serve 67 homes that will be able to tie in to the Peekskill Sanitary Sewer District as part of the subdivision approval.The board unanimously approved the creation of the district.
April 22, 2008, work session
The town received a letter from the NYSDEC concerning the proposed wetland crossing necessary for alternate access from this subdivision. The main access and egress is via Gay Ridge Rd. The discussion and controversy about the alternate access continues. The Town Board, Planning Board and NYSDEC all prefer access from Route 6. NYSDOT will not permit this. This leaves alternate access via either Stonewall Ct. or Timberland Ct., Jefferson Ct. having been previously ruled out by the Planning Board. Each of these routes would require crossing a NYS regulated wetland. In this most recent letter, the NYSDEC requested additional mapping and flagging of the wetland boundaries. The applicant said they were in the process of meeting the requirements listed in the letter. Mr. Tegeder will call NYSDEC to be sure it has all the information necessary to make a decision soon.
July 14, 2008
Request for 1st 90 Day Time Extension. Request was granted.
September 22, 2008, work session
After a brief discussion, the board went into special session and approved, for one year, two temporary 4 x 6 advertising signs for the subdivision. One will be on Route 6 and the second at Gay Ridge Rd. The signs have been approved by ABACCA.
When Mr. Klaus commented that it would be a good idea to get some feedback from area residents, a representative of the applicant noted that one sign was already up and that the developer had already gotten calls about it.
November 10, 2008
Description: 1st 90 Day Time Extension approved on 7/14/08 and expired on November 7, 2008.
The time extension was approved. The applicant is wrapping up the necessary approvals from outside agencies.
March 9, 2009
The board reapproved the subdivision originally approved on February 11, 2008. Mr. Steinmetz advised the board that the applicant has already obtained the okay from the DEC, DOT and Health Department and that he expects to get a letter from the DEP within the next week. Once that is received, the project will be ready to have the plat signed.
April 13, 2009, work session
Construction has started on this site without the required notification to the Planning Board. Mr. Cicaria was correcting this oversight.
July 13, 2009, work session
As per the parcel's subdivision approval, the applicant must submit individual site plans for 14 specific lots before construction can begin on them. This application was for the first lot on which a model home will be constructed.
At the board's request, the rear sliding doors and patio will be relocated from the north side of the structure to the west side in order to reduce any possible incursion into the wetland buffer area.
The board will send a letter to the building department indicating its approval of the plan, although Mr. Tegeder suggested that when the site plans for the other lots are ready to be submitted it would be better if the board actually adopted a resolution approving the site plan.
Mr. Santucci also requested that he be allowed to construct a more natural looking stone wall along the entrance road into the subdivision in place of what had been approved earlier. He said the more natural wall, which would be about 300 feet, would be more aesthetic looking. The board had no problem with the request and asked Mr. Santucci to submit a formal written request.
August 10, 2009
The requested extension, necessary due to delays in dealing with Westchester Co. Department of Health, was granted.
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