1 00:00:05,305 --> 00:00:05,305 Are right good evening everyone and welcome to the wednesday may six, 2026 planning board 2 00:00:14,248 --> 00:00:14,248 meeting. It is 7:06 p.m. And I will call the meeting to order. 3 00:00:20,721 --> 00:00:24,424 >> deputy commissioner schmidt may conduct the role chairperson pine here mr. Weinberg here. Mr. Belanger here. Ms. Robinson here. 4 00:00:31,631 --> 00:00:31,631 note for the record that ms. Anderson is not present so ms. Robinson will be a full voting 5 00:00:36,737 --> 00:00:36,737 member also not present this evening is alternate member patel great. 6 00:00:40,807 --> 00:00:40,807 >> thank you very much. >> staff distributed the april 15th minutes that everyone have 7 00:00:49,750 --> 00:00:53,387 a chance to review them. >> yes. >> yes. Were there any questions or comments or edits to the minutes? 8 00:00:56,389 --> 00:00:57,757 >> no. No. No. All right then I will entertain a motion to approve the april 15th 2020 six minutes as 9 00:01:03,197 --> 00:01:03,197 distributed so moved moved mr. Pullinger second ms. Robinson all in favor I chair votes I we 10 00:01:11,038 --> 00:01:11,038 have one piece of correspondence this evening related to case number pb 1506 11 00:01:18,111 --> 00:01:18,111 shelburne an assisted living facility the applicant is seeking a fourth site plan 12 00:01:22,817 --> 00:01:22,817 planning board steep permit and wetland watercourse permit extension. 13 00:01:29,589 --> 00:01:32,626 >> I'm just going to step away from the dais for a second because I'm conflicted about the case very well. Deputy commissioner schmidt can you walk us through the request 14 00:01:38,699 --> 00:01:38,699 ? Yes. So by letter dated for 2126 15 00:01:43,370 --> 00:01:43,370 from daniel tartaglia on behalf of the site owner alfred h. Crowder as chairperson pine 16 00:01:54,381 --> 00:01:54,381 indicated they are seeking a two year additional extension of the existing site plan 17 00:02:01,889 --> 00:02:01,889 planning board steep permit and wetland watercourse permit approvals issued in connection 18 00:02:06,761 --> 00:02:06,761 with case number 15 dash zero six for a project located at 448 underhill road scarsdale. 19 00:02:16,370 --> 00:02:16,370 the letter is fairly detailed it was distributed to the board. 20 00:02:20,507 --> 00:02:24,211 >> I'm happy to answer any questions. >> are there any questions on the request from the board? No. No. 21 00:02:28,683 --> 00:02:28,683 mr. Weinberg um has this been going on since 2015? And I guess related to that as 22 00:02:37,925 --> 00:02:41,862 soon as the case went when was the second approval issue? >> okay. So the case is a 2015 case. It was originally approved by the planning board in 2018. 23 00:02:52,640 --> 00:02:52,640 there were some legal matters that took place over a period of time and that led to a 24 00:03:01,148 --> 00:03:01,148 fairly significant delay. >> so the current status is the contract that they had was 25 00:03:10,458 --> 00:03:14,328 terminated with the assisted living developer? >> yes. And and what based on what was that terminated you know, were there conditions in there that 26 00:03:22,537 --> 00:03:22,537 weren't satisfied within the decision window which in the you know, purchase and sale 27 00:03:30,144 --> 00:03:30,144 agreement with I don't know if it was a timing matter or something else that led to the 28 00:03:34,648 --> 00:03:34,648 termination of the contract. >> and so you know, in how many acres that property is just up 29 00:03:44,392 --> 00:03:44,392 on just over four yeah yeah it's right around four acres. >> so let me ask it is a senior 30 00:03:52,099 --> 00:03:52,099 citizen facility practical over there that that property you know has slowly closed down 31 00:03:59,206 --> 00:03:59,206 it's been vacant abandoned for years now. It's an utter eyesore and you 32 00:04:07,982 --> 00:04:07,982 know my concern is and there's a for sale sign up now right I can't I'm hard pressed to 33 00:04:12,987 --> 00:04:12,987 believe that you know that a senior citizen facility is a practical use of that property 34 00:04:22,530 --> 00:04:22,530 given the you know, the size and the fact that, you know, people worked on it obviously 35 00:04:27,235 --> 00:04:27,235 spent a lot of money on it, walked away from it so I'm concerned about just continuing 36 00:04:33,742 --> 00:04:33,742 what I think is a futile effort rather than, you know, moving on and trying to find something 37 00:04:41,716 --> 00:04:41,716 to do with that property that's going to you know, turn it into a you know, a productive, you 38 00:04:48,155 --> 00:04:48,155 know, real estate property in the town. Right. 39 00:04:52,360 --> 00:04:52,360 so let me answer that quickly. So I think the owner of the property wants to continue to 40 00:05:00,201 --> 00:05:00,201 to have these approvals in place in the event you know, a senior assisted living facility 41 00:05:08,243 --> 00:05:08,243 developer comes along. However, as you noted, the property is on the market, the 42 00:05:14,015 --> 00:05:14,015 property is zoned single family residential with four 20,000 square foot lots. 43 00:05:19,986 --> 00:05:19,986 so I would have to double check but yeah it is something around the half acre range so the 44 00:05:26,360 --> 00:05:26,360 property could be developed with single family homes if someone was interested in doing 45 00:05:30,965 --> 00:05:30,965 so. So they would need to come back to this board to obtain 46 00:05:36,638 --> 00:05:40,608 subdivision approval from the planning board because subdivision approval is not in place in connection what was previously approved. So they would have to come back 47 00:05:46,648 --> 00:05:46,648 and go through the entire planning board process for a single family subdivision which 48 00:05:50,652 --> 00:05:50,652 very well may be the case and we don't know on the because there's for site for sale signs 49 00:05:58,493 --> 00:06:01,095 up now we don't know what they're marketing for and they marketing it as a senior citizen project are they marketing for single family? >> I don't I don't know I could 50 00:06:07,268 --> 00:06:07,268 I have seen a listing for the property being being advertised for a single family home 51 00:06:17,311 --> 00:06:17,311 development. I've seen that on a traditional you know residential retail 52 00:06:22,116 --> 00:06:22,116 residential residential housing website. You know that doesn't mean that 53 00:06:26,954 --> 00:06:26,954 it's not also, you know, simultaneously being listed for for assisted living uses as 54 00:06:33,361 --> 00:06:33,361 well for commercial uses as well. >> and do you know of any other 55 00:06:37,998 --> 00:06:37,998 senior citizen project in the town that's on four acres of land? 56 00:06:43,571 --> 00:06:43,571 well, the four acre minimum is the requirement in the town code so there are there's 57 00:06:50,844 --> 00:06:50,844 bright few integrity down which is you know, not much more than four acres. 58 00:06:58,253 --> 00:06:58,253 that was the first one that came in was built and is a successful facility off of kind 59 00:07:02,524 --> 00:07:02,524 of benedict avenue and old white plains road the the chelsea site on down tree road 60 00:07:13,401 --> 00:07:13,401 is greater than I think it's 6 or 7 acres this a large piece of undeveloped portion but 61 00:07:20,007 --> 00:07:20,007 portion of that property at the rear the brightview metropolis which is a different facility 62 00:07:24,880 --> 00:07:24,880 required more acreage okay then and today we're able to obtain that acreage and subdividing it 63 00:07:32,120 --> 00:07:32,120 off of the golf course site but they do meet code in that regard. 64 00:07:36,124 --> 00:07:36,124 they needed variances and did obtain those variance. >> so you know when when the 65 00:07:42,664 --> 00:07:42,664 contract was terminated I do know you know, it was I believe somewhat recently I mean 66 00:07:51,073 --> 00:07:51,073 whether it was 2025 or 2026 I'm not certain but it wasn't prior to that. 67 00:07:59,481 --> 00:07:59,481 >> and do you have any idea I mean in terms of I think there was litigation going on if I 68 00:08:03,785 --> 00:08:03,785 remember right. I my understanding was the fire department greenville fire 69 00:08:08,389 --> 00:08:08,389 department which had jurisdiction over that property had, you know, series concerns 70 00:08:13,895 --> 00:08:13,895 about access for fire engines and medical and ambulances uh, I mean it just seems like it's 71 00:08:23,038 --> 00:08:23,038 a futile effort to you know, I wish the applicant was here to answer some of these questions 72 00:08:29,444 --> 00:08:29,444 because I just feel like we're oh, you know, please feel free to step up to the mike. 73 00:08:37,586 --> 00:08:39,621 >> thank you. I wasn't aware you were in in attendance. I didn't know whether you were going to entertain comments or not. 74 00:08:42,825 --> 00:08:46,462 hi, my name is dan tartaglia, the attorney for the crowder's in connection with this application and in answer to some of your questions all of which are good questions, the 75 00:08:53,101 --> 00:08:53,101 contract recently terminated it terminated by its term. >> it just basically ran out of 76 00:08:58,474 --> 00:08:58,474 time. The the last time these approvals were extended they 77 00:09:05,581 --> 00:09:05,581 were extended at the request of shelburne and not the crowder's. 78 00:09:10,152 --> 00:09:14,123 this is the first time that the crowder's are asking to have the application of the these approvals extended. There's there's a possibility that it could get marketed and 79 00:09:21,196 --> 00:09:21,196 sold to an assisted living operator. My guess is any operator that 80 00:09:28,637 --> 00:09:28,637 comes along and looks at these specific plans is probably going to want to tinker with it 81 00:09:33,442 --> 00:09:33,442 a little bit and more or more likely than not will be back here for some amendments. 82 00:09:40,282 --> 00:09:40,282 >> that's not the that's obviously the highest and best use for the property and the 83 00:09:46,153 --> 00:09:46,153 crowder's would like to be able to get the return that they can have and carry this property 84 00:09:51,293 --> 00:09:55,231 for many years. >> there were three pieces of litigation one by the fire, one by the greenville just yeah, yeah the greenville fire district sued on the zoning 85 00:10:03,072 --> 00:10:03,072 variances and the special permit and the council of greenburg civic associations 86 00:10:10,145 --> 00:10:10,145 also sued. All the cases were thrown out at the lower level because they 87 00:10:16,918 --> 00:10:16,918 were not timely brought one of them one up to the appellate division in the appellate 88 00:10:21,289 --> 00:10:21,289 division affirmed the lower court. So the combination of all of 89 00:10:27,363 --> 00:10:27,363 this litigation covid and then coming out of covid if you recall what happened to the 90 00:10:32,735 --> 00:10:32,735 construction material prices went through the roof. I think all of that kind of 91 00:10:38,674 --> 00:10:38,674 kind of softened the interest of the developer or the the operator here to go forward. 92 00:10:44,280 --> 00:10:44,280 so the crowder's are now marketing the property. They may find that they can 93 00:10:51,086 --> 00:10:54,991 only sell it for single family development in which case as mr. Schmidt indicated they will have to come back here for subdivision approval if they find a new operator who wants 94 00:11:01,697 --> 00:11:01,697 to deviate from the approved plan, they'll be back here for amendments. 95 00:11:05,868 --> 00:11:05,868 but to let all of this time and all of this money and energy expire without an opportunity 96 00:11:13,575 --> 00:11:13,575 by the property owner to to remarket this property and sell it would actually be a shame. 97 00:11:21,016 --> 00:11:21,016 so I don't know that anything has changed from the original approvals so normally when you 98 00:11:27,156 --> 00:11:27,156 terminate a contract you know it doesn't run like just out to a certain date you may have a 99 00:11:33,129 --> 00:11:33,129 closing date but you're hard on, you know, having to close by a certain you know, at some 100 00:11:39,235 --> 00:11:42,171 point you've gotten all your conditions satisfied you your title whatever. I'm just confused what's been going on with this property you know, to say that time ran out 101 00:11:47,176 --> 00:11:47,176 and why didn't they you know if they if they hadn't if there was litigation that that hadn't 102 00:11:54,417 --> 00:11:57,886 been resolved to the buyer satisfaction if there were conditions in the contract that weren't satisfied, you know, they would have walked away and gotten their money back a lot 103 00:12:03,025 --> 00:12:03,025 earlier than this. So something's missing here as to whether this is a viable 104 00:12:09,664 --> 00:12:09,664 project and you know that prop properties an eyesore it's ripe for vandalism. 105 00:12:14,303 --> 00:12:14,303 I think there was vandalism years ago on it as it's been closed down was a wonderful 106 00:12:21,244 --> 00:12:21,244 nursery for mr. Crowder. >> I used to see him running, you know, well into his 80s, 107 00:12:25,514 --> 00:12:29,452 you know, in that neighborhood. >> but you know, it is in fact in the last two weeks there were school busses parked on that property, you know? >> yeah, I don't know anything 108 00:12:34,123 --> 00:12:34,123 about the school busses. I did I did when I was when I was engaged by the crowd as I 109 00:12:39,128 --> 00:12:39,128 did drive by you know, I was unfamiliar with the site I mentioned to them at the time 110 00:12:44,234 --> 00:12:44,234 and and mr. Tours crowder was here this evening and mentioned to him earlier about the 111 00:12:51,975 --> 00:12:51,975 condition of the property and he did assure me that it was originally the contract vendor 112 00:12:56,612 --> 00:12:56,612 was taking care of the property so now the crowd is have taken over again cleaning and 113 00:13:01,016 --> 00:13:01,016 maintenance of the property and it is going to be taken care of in terms of its appearance. 114 00:13:07,022 --> 00:13:07,022 >> I mean if the if the contract vendors took care of it, I don't know what they did 115 00:13:11,694 --> 00:13:11,694 but you know, they must have blinders on and no tools because it's an eyesore if you 116 00:13:15,798 --> 00:13:15,798 go by there it is an eyesore and it's ripe for vandalism. They put some, you know, 117 00:13:21,971 --> 00:13:21,971 horrible looking fence up over part of it a few months back and you know, I'd certainly 118 00:13:26,474 --> 00:13:26,474 like to know that they're doing it and I might be willing to you know, consider a shorter, 119 00:13:33,116 --> 00:13:33,116 you know, extension period. But dragging this out for two years to me is you know, just 120 00:13:38,187 --> 00:13:38,187 doesn't make any sense if either you know, there's either there's interest in in this 121 00:13:44,293 --> 00:13:44,293 kind of use in a senior citizen facility which I personally just doubt or you know or you 122 00:13:48,931 --> 00:13:52,902 ought to move on and do something that's going to be viable. >> I agree with you. You know the the I think the crowder's I think the crowder's 123 00:13:59,309 --> 00:13:59,309 who have been in this community a long time have operated a business in this community a 124 00:14:03,746 --> 00:14:03,746 long time as you indicate have put a lot of time and sweat and energy and money into 125 00:14:09,452 --> 00:14:09,452 attempting to develop this really should be given their own opportunity to try to 126 00:14:15,058 --> 00:14:18,728 market it. Is is it viable like that? We'll find out. We don't we don't really know I don't know whether the economics for an 80 unit type 127 00:14:24,635 --> 00:14:24,635 facility are still viable but you know I'm if they don't find a viable use and they end up 128 00:14:30,173 --> 00:14:33,510 coming back for a different type of development or a residential development, I don't really see the harm or the foul to extending it for another two years. 129 00:14:37,513 --> 00:14:41,317 it's really not a we're not asking for something discretionary here. We're just asking we're seeing nothing has really changed. Give us an opportunity to see 130 00:14:47,223 --> 00:14:47,223 what we can do and if we can find somebody else interested and if we can't we'll have to 131 00:14:51,461 --> 00:14:53,629 look to market it and some other means. >> and if I can just interject, I think the opportunity to you know for for for the board you know, the opportunity to to 132 00:15:00,136 --> 00:15:00,136 weigh the pros and cons of the specifics of the project you know that that was that that 133 00:15:04,574 --> 00:15:04,574 that opportunity was some time ago with the previous board and ultimately they came to the 134 00:15:10,480 --> 00:15:10,480 decision they did you know the project was approved. You know we now have an 135 00:15:15,418 --> 00:15:15,418 extension request in front of us. You know, deputy commissioner 136 00:15:19,756 --> 00:15:19,756 schmidt can you just remind me sort of the parameters in which we look at when considering 137 00:15:25,395 --> 00:15:25,395 whether or not an extension is granted? I know typically you know, we 138 00:15:30,534 --> 00:15:34,337 ask if the applicant has been in communication with the town ,if the applicant has been earnest in in trying to move the project along I guess could you could you speak to you know 139 00:15:41,978 --> 00:15:41,978 those those those facts and then also you know if there's anything that we really have 140 00:15:49,019 --> 00:15:52,556 the ability to consider beyond that when considering an extension. >> sure so yes I mean the crowder's have been in touch with the town staff regarding 141 00:15:57,627 --> 00:15:57,627 the property in the project itself following termination of the contract we were contacted 142 00:16:04,534 --> 00:16:04,534 to actually find out if if the owners could seek the extension that is sought this evening and 143 00:16:12,475 --> 00:16:12,475 it was reviewed by the town's legal department deemed acceptable and then we received 144 00:16:19,782 --> 00:16:19,782 this letter just a couple of few weeks ago. So they certainly have been in 145 00:16:24,020 --> 00:16:27,891 touch with the town. One of the things that can be considered in connection with the extension is something came up regarding property maintenance and it sounds like 146 00:16:34,597 --> 00:16:38,435 that's fallen back on to the owners. You know this board could ask and I think we've heard already that the crowder's are going to be you know maintaining their 147 00:16:43,540 --> 00:16:43,540 property and perhaps they can do a better job than the prior contract then these beyond that 148 00:16:50,980 --> 00:16:50,980 the board could consider a lesser time for the extension perhaps one year. 149 00:16:58,588 --> 00:16:58,588 but I think whether you whether the board considers a one year or two year extension as 150 00:17:05,528 --> 00:17:05,528 requested by the owners maybe it would make sense for there to be quarterly updates 151 00:17:12,335 --> 00:17:12,335 provided to town staff on you know, the marketing that they've done and any interest 152 00:17:19,476 --> 00:17:19,476 that they've got you know not necessarily specifics but just to continue the lines of 153 00:17:24,147 --> 00:17:24,147 communication. So you know we're in the know and we're aware that you know 154 00:17:29,252 --> 00:17:29,252 you're actively with the crowder's are actively marketing and attempting to you 155 00:17:35,024 --> 00:17:35,024 will be happy to do that would we do that through your department by corresponding yes 156 00:17:40,130 --> 00:17:43,534 or that's correct. >> okay. And and the steps being taken to maintain the property, we will take care of that for sure and and I imagine that would 157 00:17:51,674 --> 00:17:51,674 only help you in trying to market the property to make it as as appealing as possible 158 00:17:55,979 --> 00:17:55,979 can't hurt again. >> sure. >> can you just can I just go 159 00:18:03,219 --> 00:18:05,756 back? Yes, sir. The question I asked about why the contract terminated where there conditions in there that weren't satisfied give me to 160 00:18:08,625 --> 00:18:08,625 much financing and considering just not to be so I just spoke with my client and mr. Mark 161 00:18:37,054 --> 00:18:37,054 hallowell who was involved with the original approvals. Apparently this was a joint 162 00:18:44,127 --> 00:18:44,127 venture between shelburne and information. >> one was more the developer, 163 00:18:53,937 --> 00:18:57,507 the other one was more the financial partner and I think formation just basically got tired of waiting with the project to move forward and lost interest in it over the 164 00:19:02,113 --> 00:19:02,113 course of years and eventually decided not to go forward with it and the contract was finally 165 00:19:07,317 --> 00:19:07,317 terminated. >> one of the lawyers in my office who I work with I 166 00:19:11,421 --> 00:19:11,421 believe was over the summer sent a termination letter confirming the termination and 167 00:19:17,094 --> 00:19:17,094 I did show the planning department that there was clear there's there's a clear 168 00:19:23,900 --> 00:19:27,871 assignment of all of the plans approvals and intellectual property that have been that have been paid for and approved are now the ownership of the crowder's. 169 00:19:35,079 --> 00:19:38,649 so that was one of the things we needed to clear with your legal department with your client consider a shorter extension then we'll be moving probably we just be back again. 170 00:19:43,353 --> 00:19:43,353 >> that's I mean if you're going to if you're going to sell it for a you know, for a 171 00:19:47,925 --> 00:19:47,925 senior citizen facility, you know, I don't know that it takes two years to go find a 172 00:19:51,929 --> 00:19:51,929 buyer inside something it so to me it would be an indication that it's just not going to 173 00:19:58,368 --> 00:19:58,368 happen. >> move on. Well, they may be moving on 174 00:20:02,640 --> 00:20:04,107 anyway. They're they're not going to just sit there. I mean I you know, extension doesn't preclude, you know, the ownership or microphone and 175 00:20:12,716 --> 00:20:12,716 thank you the extension doesn't preclude another entity where the owners themselves from 176 00:20:19,824 --> 00:20:19,824 coming in with an application for single family subdivision right no, I understand. 177 00:20:25,096 --> 00:20:29,066 >> as I said, this is the highest and best use will we find somebody for this? >> we're not sure. Will they have a fallback position? 178 00:20:33,171 --> 00:20:36,273 they're going to have to I mean the property's just sitting there fallow so they're going to need to do something with it and have single family residential is the only way 179 00:20:40,712 --> 00:20:40,712 they can go. Then at some point they'll do that. 180 00:20:45,049 --> 00:20:45,049 >> all right. Are there any other questions on the extension? 181 00:20:49,053 --> 00:20:49,053 >> okay. All right then I will entertain a motion to approve a fourth 182 00:20:53,791 --> 00:20:53,791 extension on the site plan planning board steep permit and wetland watercourse permit 183 00:20:58,262 --> 00:20:58,262 approvals for a two year term valid through may 17th, 2028. >> and we conditioned and 184 00:21:04,102 --> 00:21:04,102 conditioned on the quarterly meetings with our quarterly updates to staff on the 185 00:21:11,008 --> 00:21:11,008 progress of marketing and marketing of the property both for use as a single family home 186 00:21:15,012 --> 00:21:15,012 and the approved and senior living and also you know maintaining you know up keeping 187 00:21:25,756 --> 00:21:25,756 the property you know within the next what's reasonable 90 days you know I'm sure it's 188 00:21:34,265 --> 00:21:36,867 spring I mean everybody's doing their spring cleaning now that's probably a good time 90 days so I'll entertain a motion for for for that with those conditions so some second moved 189 00:21:44,776 --> 00:21:44,776 ms. Robinson seconded mr. Bellinger all in favor I I'm going to abstain chair votes I 190 00:21:52,616 --> 00:21:52,616 and mr. Weinberg abstains thank you. >> all right thank you everyone 191 00:21:58,023 --> 00:21:58,023 have a good evening. >> thank you. All right. 192 00:22:04,127 --> 00:22:04,127 next up we have one item of old business case number 2505 205207 sawmill river road llc 193 00:22:16,140 --> 00:22:16,140 the applicant is seeking a site plan and landscape buffer waivers. 194 00:22:22,213 --> 00:22:22,213 >> a draft decision was distributed to the board. >> did everyone have a chance 195 00:22:27,551 --> 00:22:30,521 to review the draft decision? Yes. Yes. >> all right. Deputy commissioner schmidt, can you walk us through the 196 00:22:35,427 --> 00:22:38,864 site specific conditions? >> yes. And just a quick update. So following the board's public hearing which was conducted on april 15th, the written record 197 00:22:45,303 --> 00:22:45,303 was kept open through april 24th. No additional comments were 198 00:22:49,540 --> 00:22:49,540 received. There are three actions and three votes that the board will 199 00:22:59,918 --> 00:22:59,918 consider this evening. One is to classify the project as a type two action under c.a. 200 00:23:06,190 --> 00:23:06,190 second is to consider voting on the site plan application and third is to consider voting on 201 00:23:11,228 --> 00:23:11,228 the planning board waivers requests related to landscape buffers to the northeast, south 202 00:23:19,103 --> 00:23:19,103 and west property lines in terms of site specific requirements call your 203 00:23:25,777 --> 00:23:25,777 attention condition 4.1 on page four which indicates that the applicant shall repair the 204 00:23:32,984 --> 00:23:36,955 sidewalk across the property's frontage and obtain all necessary permits from the new york state department of transportation to affect such repair. 205 00:23:42,828 --> 00:23:42,828 no final certificate of occupancy shall be issued by the town building inspector 206 00:23:47,598 --> 00:23:47,598 until the sidewalk repair work is completed and then we have on page five condition four 207 00:23:54,105 --> 00:23:58,055 point to the applicant shall install landscape planters on the property in accordance with the plans listed in section one of this approval. I do believe that mr. Robinson 208 00:24:05,863 --> 00:24:05,863 may have a comment related to that condition. >> I, I just want to make sure 209 00:24:10,935 --> 00:24:10,935 that the applicant is aware that they have to maintain the plants in the plants or within 210 00:24:15,173 --> 00:24:15,173 the plants are for the duration. It's not something that's going 211 00:24:22,113 --> 00:24:22,113 to that we're just going to let get away from us. >> we love the beautification. 212 00:24:26,785 --> 00:24:26,785 we just need it to stay the same. >> mr. Zapata right. 213 00:24:33,291 --> 00:24:33,291 so my suggestion to the board based on that would be to update condition 4.2 to 214 00:24:37,461 --> 00:24:41,132 indicate that the applicant shall install and appropriately maintain the landscape planters on the property to the satisfaction of the town forestry officer and in 215 00:24:48,740 --> 00:24:52,110 accordance with the plans listed in section one of this approval. So it would just be in there as language. So it's very clear both to the 216 00:24:56,882 --> 00:24:56,882 town and town staff as well as you and your client that you know if depending on the types 217 00:25:03,922 --> 00:25:03,922 of plants you know, if they were to not survive they need to be replaced or if you know 218 00:25:08,560 --> 00:25:08,560 they were annuals they'd need to be, you know, installed every year because they only oh 219 00:25:12,963 --> 00:25:12,963 yes, yes, we are aware about it and basically as much as possible depend of this 220 00:25:21,507 --> 00:25:24,143 easement on the pain of the the plant that we have to remember that we are going we are proposing planters. Yes. And the idea is to try to get 221 00:25:28,213 --> 00:25:28,213 the evergreens to keep it at least in green and then in soil for the spring or summer change 222 00:25:35,253 --> 00:25:35,253 here it'll be because of the season but then we have to worry about great rains. 223 00:25:41,793 --> 00:25:41,793 >> thank you. Are there any other questions or comments on the draft 224 00:25:45,964 --> 00:25:45,964 decision? All right then as was stated we have three votes to consider in 225 00:25:53,138 --> 00:25:53,138 front of us classifying the action as a type two action or secre approving the site plan 226 00:26:00,178 --> 00:26:00,178 decision and approving the landscape buffer waivers draft decision. 227 00:26:06,151 --> 00:26:06,151 so first I will entertain a motion to classify the action as a type two action under 228 00:26:12,223 --> 00:26:12,223 secre so move move mr. Bellinger second second. >> ms. Robinson all in favor I 229 00:26:18,096 --> 00:26:18,096 I chair votes side next up I will entertain a motion to approve the draft decision for 230 00:26:22,668 --> 00:26:22,668 the site plan application as amended with ms. Robinson's edits so moved move mr. 231 00:26:32,711 --> 00:26:32,711 bellinger second second ms. Robinson all in favor I chair votes I and lastly I will 232 00:26:38,016 --> 00:26:38,016 entertain a motion to approve the draft decision for the landscape buffers waiver 233 00:26:42,387 --> 00:26:42,387 request also as amended so moved moved ms. Robinson second seconded mr. Bellinger all in 234 00:26:49,094 --> 00:26:49,094 favor I chair votes I. All right thank you very much have a good evening all right 235 00:27:00,105 --> 00:27:00,105 so now I will call a public hearing session of the planning board to order it is seven 30 3 236 00:27:10,182 --> 00:27:10,182 p.m.. Deputy commissioner schmidt may you conduct the role. 237 00:27:14,986 --> 00:27:17,957 >> sure. Chairperson pine here. Mr. Weinberg here. Mr. Bellinger here. Ms. Robinson here. >> note for the record that 238 00:27:22,194 --> 00:27:22,194 ms.. Anderson and mr. Patel are not present this evening and ms. 239 00:27:26,632 --> 00:27:26,632 robinson will be a full voting member in place of ms. Anderson thank you. 240 00:27:33,639 --> 00:27:33,639 >> so we have one public hearing here this evening. Case number pb 2513 cone at 241 00:27:40,946 --> 00:27:40,946 zero peter bond road in irvington irvington the applicant is seeking a planning 242 00:27:48,286 --> 00:27:48,286 board steep permit, a wetland watercourse permit and a tree removal permit. 243 00:27:52,758 --> 00:27:52,758 >> just to confirm for the record town planner britton this hearing was noticed in 244 00:28:00,332 --> 00:28:00,332 accordance with the code in the town's newspaper of record. >> I can confirm that. 245 00:28:08,640 --> 00:28:08,640 great. >> thank you. Representing the applicant. 246 00:28:15,514 --> 00:28:17,550 good evening. >> good evening, chair members of the board. My name is andy chung ac engineering. >> so anyone g anybody who's 247 00:28:21,854 --> 00:28:21,854 basically zero peter road is a 4.72 acre undeveloped lot. It is at the end of the cul de 248 00:28:30,563 --> 00:28:30,563 sac of blueberry hill road there is an existing shared driveway which serves two 249 00:28:37,470 --> 00:28:37,470 existing homes along that driveway and the I'm here with the property owner guy cohen 250 00:28:46,312 --> 00:28:46,312 who's also the architect of the property and we're we're proposing on building a single 251 00:28:53,586 --> 00:28:53,586 family dwelling on that lot I think there is a lot of due diligence that was done. 252 00:29:04,063 --> 00:29:04,063 >> so just to go over a couple of the things we went through shpo state historic 253 00:29:08,433 --> 00:29:08,433 preservation went through a lengthy stormwater design stormwater plan in a swap that 254 00:29:16,442 --> 00:29:19,879 was approved by the engineering department. >> we have utilities that are connecting to the end of blueberry hill road. There's existing gas water, 255 00:29:26,718 --> 00:29:26,718 sewer and electric lots like I mentioned electric that will be connecting to the existing 256 00:29:33,159 --> 00:29:33,159 house. There is a couple of zoning variances that we went to the 257 00:29:38,997 --> 00:29:38,997 zoning board last month and we were we got approval from the zoning board of appeals one 258 00:29:46,238 --> 00:29:46,238 requiring the street frontage and then the and the other one requiring the whole island type 259 00:29:57,483 --> 00:29:57,483 and whoever that might be. Can you turn down the volume? Thank you. 260 00:30:01,854 --> 00:30:04,889 >> thank you. Sorry. 25 foot requires street frontage and the new york consolidated town law to 80 a we got approval for the 261 00:30:10,696 --> 00:30:14,266 variances for that we went through the conservation advisory council. We got approvals for the the landscaping on the property to offset the trees that were 262 00:30:22,041 --> 00:30:22,041 going to be removed for the construction of the house and the driveway. 263 00:30:26,345 --> 00:30:26,345 so there is wetland on the property completed. >> the jurisdictional 264 00:30:33,252 --> 00:30:33,252 determination met with dc and we were able to procure a dc permit from dc to allow for a 265 00:30:40,693 --> 00:30:44,530 construction within 100 foot wetland buffer. >> so I think that pretty much takes care of everything that we have to take care of. >> can you speak a little bit 266 00:30:52,004 --> 00:30:52,004 to the steep disturbances and do you have accurate tree removal and landscaping figures 267 00:30:59,812 --> 00:30:59,812 and if you have the ability to walk through the plans both for the benefit of the board even 268 00:31:04,750 --> 00:31:08,554 though they saw them in the work session but for the benefit of the public as well? Sure. Including the stormwater management system, its 269 00:31:14,828 --> 00:31:18,164 maintenance requirements. Sure. And the landscaping you spoke of briefly. >> thank you. Sure. 270 00:31:21,567 --> 00:31:21,567 >> so this plan is the steep plan. >> there's actually only a 271 00:31:25,570 --> 00:31:25,570 small portion of slopes that exceed a 25% to 35% that we're doing. 272 00:31:32,645 --> 00:31:32,645 the majority of the work is really done in the green area that you see which is not a 273 00:31:36,949 --> 00:31:36,949 steep but because there are this this property is kind of like a bowl. 274 00:31:43,389 --> 00:31:43,389 so there are steep slopes kind of going up the bowl on the north on the east side and also 275 00:31:48,461 --> 00:31:48,461 on on the west side the house actually sits. You can see the the foot the 276 00:31:52,532 --> 00:31:52,532 the outline of the house on this plan. You know, again, the majority 277 00:31:56,636 --> 00:31:56,636 of the construction is located within the flat part of the upper plateau of the property. 278 00:32:03,877 --> 00:32:03,877 so there's there's there's a small portion. Can you see my cursor? 279 00:32:11,484 --> 00:32:14,054 >> yeah. If you see my cursor there's a small portion here where there's some construction going on. And then here's the driveway 280 00:32:17,890 --> 00:32:17,890 that comes down and then right here at the entrance there's a little bit of steep here. 281 00:32:23,196 --> 00:32:23,196 but again, the majority of the construction is is kind of limited to where the houses up 282 00:32:29,702 --> 00:32:29,702 . >> and just to clarify is the green class classified as 0 to 283 00:32:34,607 --> 00:32:35,609 15? Correct? Yes. Thank you. >> all right. So that's the steep plan as we 284 00:32:42,081 --> 00:32:42,081 move into the stormwater plan. I think that's the next one is the so that's the grading plan. 285 00:32:58,799 --> 00:32:58,799 so here's the stormwater plan. >> so for the stormwater plan how we designed this is pretty 286 00:33:03,903 --> 00:33:03,903 much all of the impervious surfaces of the roof and in the driveway will be collected. 287 00:33:08,441 --> 00:33:08,441 the stormwater will be collected via catch basins on the on the on on the on the 288 00:33:16,616 --> 00:33:16,616 property so roof drains would be draining into catch basins showing little circles on the 289 00:33:24,022 --> 00:33:24,022 plan and from the catch basins they would flow into one of three bio retention basins and 290 00:33:30,330 --> 00:33:30,330 the bar retention basin is basically a basin filled with a bar retention soil mix 291 00:33:35,535 --> 00:33:35,535 typically mixture of concrete sand and topsoil to allow for attenuation of volume of 292 00:33:41,541 --> 00:33:41,541 stormwater as well as water quality and the outlets on the bottom of the bar retention 293 00:33:46,947 --> 00:33:46,947 basin which will be landscaped as well as water enters the bar retention basin there is a 294 00:33:53,153 --> 00:33:57,090 particular holding time for that water to sit in that basin until it percolates through that soil mixture and underneath that soil mixture there is a perforated pipe 295 00:34:01,360 --> 00:34:01,360 which takes the flow out back into the wetland area. None of the work is done inside 296 00:34:08,535 --> 00:34:08,535 the wetland. All the work is done outside of the wetland as per these 297 00:34:12,873 --> 00:34:12,873 requirements the flows from the driveway will be similarly will flow into a a vegetated channel 298 00:34:22,716 --> 00:34:22,716 along the side of the driveway located here and that flow goes into a bio retention basin as 299 00:34:30,757 --> 00:34:30,757 well similar to the other ones. So as you can see here there's one bar retention basin right 300 00:34:34,995 --> 00:34:34,995 here with an overflow pipe out here is the second bar retention basin here with an 301 00:34:41,201 --> 00:34:41,201 overflow pipe out and a third bar retention basin here with an overflow out. 302 00:34:45,505 --> 00:34:45,505 so and again, all of these bio retention basins the storm water design was based on a new 303 00:34:53,613 --> 00:34:53,613 york state storm water design manual swap was prepared it was was reviewed by the town 304 00:34:58,084 --> 00:34:58,084 engineering department and was and was approved. >> just stay on this plan 305 00:35:04,759 --> 00:35:04,759 before you move on. A couple of questions in terms of maintenance of the bio 306 00:35:12,099 --> 00:35:12,099 retention basins, what's the typical old you know, type of maintenance and rough schedule 307 00:35:19,606 --> 00:35:19,606 of maintenance of that type of ,you know, facility for managing storm water? 308 00:35:25,412 --> 00:35:28,481 >> yeah. >> so these bio retention basins are vegetated. There's going to be plants so like wetland type plants that are going to be growing and 309 00:35:34,988 --> 00:35:34,988 they're really the the the only maintenance that will have to be done is you know, make sure 310 00:35:39,826 --> 00:35:39,826 the the plants are are still thriving. They are designed to absorb 311 00:35:46,766 --> 00:35:46,766 water as well. So having the vegetation and the plants, you know, thriving 312 00:35:51,271 --> 00:35:51,271 in these bio retention basins is is is optimal. The the soil mixture is it 313 00:36:01,080 --> 00:36:01,080 doesn't happen quickly but over time the the the soil mixture will eventually get clogged 314 00:36:09,789 --> 00:36:09,789 with debris in which case that soil mixture would just be removed replaced with a new bar 315 00:36:14,528 --> 00:36:14,528 retention mixture of concrete sand and topsoil and then the vegetation gets gets replaced 316 00:36:21,034 --> 00:36:21,034 and they ask a question here sure. In the application the p e 317 00:36:31,311 --> 00:36:31,311 roman numeral three it states overflow of the bio retention basin will be directed to the 318 00:36:40,554 --> 00:36:40,554 wetland on the property. >> could you clarify that for me please? 319 00:36:45,059 --> 00:36:45,059 >> so there's so there's two outlets to the bar retention basin there there's under 320 00:36:49,130 --> 00:36:52,433 drainpipe which is at the very bottom of the bar retention basin which takes the flow as storm water percolates through the soil mixture eventually gets into the perforated pipe 321 00:36:58,539 --> 00:37:02,477 and then it drains out into the wetland. There's also an emergency overflow right if we get a 200 year storm that comes we don't want the basin to get full and 322 00:37:10,118 --> 00:37:10,118 then spill outside. There is an overflow. We're just about just six 323 00:37:16,591 --> 00:37:16,591 inches below the top elevation of the basin which allows water to flow out of the weir and 324 00:37:21,629 --> 00:37:21,629 then into the wetland. Thank you. And just a follow up to that. 325 00:37:26,266 --> 00:37:26,266 I was going to ask this before currently the site at least partially drains down toward 326 00:37:34,841 --> 00:37:38,613 the wetland area. Correct. So is the intent to mimic kind of the existing condition in the proposed condition? >> correct. 327 00:37:43,216 --> 00:37:43,216 so in the post development condition calculations were done to determine what the post 328 00:37:47,755 --> 00:37:47,755 development flows were in comparison with the predevelopment flows and with 329 00:37:54,028 --> 00:37:54,028 the addition of the three bar retention basins were able to get or post development flows 330 00:37:58,666 --> 00:38:02,436 to be less than our predevelopment flows just because the basins have the ability to retain and slow down right? So imagine a drop of water from 331 00:38:09,710 --> 00:38:09,710 high point going down to the wetland if there was nothing there it would take say five 332 00:38:15,816 --> 00:38:15,816 minutes to get there with the addition of the bar retention basins that drop of water with 333 00:38:20,221 --> 00:38:20,221 the bar retention basin slow down that that you know allow it to store as it goes into the 334 00:38:25,359 --> 00:38:25,359 drain pipe that five minutes ends up being 20 minutes, right? 335 00:38:31,498 --> 00:38:31,498 so there's same volume of water but longer duration of time for that water to get to that same 336 00:38:35,670 --> 00:38:35,670 spot. Thank you to evening board members. 337 00:38:45,246 --> 00:38:45,246 my name is guy cone of the architects as well as the owner of the house. 338 00:38:49,550 --> 00:38:52,253 I also did the landscaping plan. I just want to add as far as the maintenance of the bio retention basins we're going to weed them. 339 00:38:56,924 --> 00:38:56,924 so we've done the planting plan with extensive plants that are based on different levels 340 00:39:04,499 --> 00:39:04,499 within the bio retention basins . So there's wet plants, there's 341 00:39:09,037 --> 00:39:12,840 medium and there's dried plants and so we're going to have to get in there and weed them on occasion to make sure that they thrive and continue to live properly. 342 00:39:19,246 --> 00:39:19,246 don't get so overwhelmed by weeds or other plants invasive plants if they happen to you 343 00:39:24,318 --> 00:39:24,318 know, seed in their. So I just wanted to add that to the to the maintenance question 344 00:39:31,125 --> 00:39:34,862 . I appreciate that. One of the follow up quick follow up that I have is is one way to know that there may be clogged areas within the bio 345 00:39:43,604 --> 00:39:43,604 retention basins. Would that be evident by like ponding of water versus, you 346 00:39:50,345 --> 00:39:50,345 know, slow infiltration? >> so typically the bio retention basin will de water 347 00:39:55,282 --> 00:39:55,282 the entire area of the basin within within a day. So if we're if if you're 348 00:40:02,657 --> 00:40:02,657 getting ponding water for more than a day, you we know it's it's about time to replace the 349 00:40:07,496 --> 00:40:07,496 media okay thank you and that's that's that's the typical in the appendix d of the new york 350 00:40:14,735 --> 00:40:14,735 state stormwater design manual and actually in the in the appendix of my swept through 351 00:40:21,743 --> 00:40:25,380 there is a maintenance schedule. >> okay that's in there thank you. So I have a question. Yes the d c previously issued a 352 00:40:30,051 --> 00:40:30,051 jurisdictional determination and since then indicating that they had jurisdiction once you 353 00:40:37,258 --> 00:40:37,258 start you know developing the property in the interim there was a court case appealing the 354 00:40:45,400 --> 00:40:45,400 changes to the regulations. >> so it's kind of in limbo at the moment. 355 00:40:50,304 --> 00:40:52,907 we haven't seen what the issues going to do yet. Yes. However, I did discuss how they're treating applications currently with region three 356 00:40:57,979 --> 00:40:57,979 which is applicable to here and they are not applying the urban area which was the grounds for 357 00:41:03,384 --> 00:41:07,254 obtaining a jurisdictional determination. So I'm just curious to see if you've received any correspondence or anything regarding application of this 358 00:41:10,691 --> 00:41:10,691 permit. >> we have not for this particular property but I do 359 00:41:15,263 --> 00:41:15,263 know what you're talking about because I tried to file another jurisdictional determination on 360 00:41:20,835 --> 00:41:20,835 another property and they wouldn't let me that said we we have a dc permit that was 361 00:41:29,077 --> 00:41:29,077 mailed to us that was that's valid for five years. >> five years. 362 00:41:33,114 --> 00:41:35,483 yeah. Yeah. So regardless of what happens to the jurisdictional determination that's already been done we have an official 363 00:41:38,653 --> 00:41:38,653 permit from d.c.. Thank you. >> I think we go first. 364 00:41:44,792 --> 00:41:44,792 yeah, because I think this will be my last one, sir. >> thank you. 365 00:41:49,097 --> 00:41:49,097 there's really two but you do so the question about essentially the shared driveway 366 00:41:57,672 --> 00:41:57,672 coming in off the cul de sac of blueberry hill road are there any improvements proposed along 367 00:42:04,813 --> 00:42:07,148 that segment? Yeah. And if so, can you walk us through those? Yes. Let me pull up the utility plan 368 00:42:15,757 --> 00:42:15,757 and then I'll just state it while you're getting to the plan. 369 00:42:22,664 --> 00:42:22,664 one of the board in the public to be aware of we don't have to go through species by species 370 00:42:28,036 --> 00:42:28,036 but I've been out at the site we've walked it. I do believe while there are 371 00:42:32,708 --> 00:42:32,708 native species there are a number of invasive species that are going to be removed in 372 00:42:38,013 --> 00:42:38,013 connection with the property and then touching on your replacement plantings in terms 373 00:42:42,884 --> 00:42:42,884 of tree species, if you could just touch on that you're not going to be planting in any new 374 00:42:47,722 --> 00:42:47,722 invasive species. >> it's going to be well I'll I'll I'll let that guy discuss 375 00:42:53,962 --> 00:42:53,962 the the plantings he's the he's the landscaping expert here but there's there's there's 100 376 00:43:01,602 --> 00:43:01,602 trees to be removed. We have submitted an arborist report that that documents 377 00:43:05,641 --> 00:43:05,641 every tree the condition of the tree the size of the tree that's to be removed. 378 00:43:10,646 --> 00:43:10,646 why it has to be removed the majority of the reason is because it's in the area where 379 00:43:17,017 --> 00:43:17,017 we're going to be building the house and the driveway in the bar retention basins. 380 00:43:21,255 --> 00:43:21,255 but I like I discussed with the plantings that we're proposing on here but on the on this 381 00:43:26,128 --> 00:43:26,128 utility plan so the shared driveway is going to be the existing asphalt will have to 382 00:43:32,167 --> 00:43:32,167 get removed and we're going to trenched for the electric the gas, the water in the sewer. 383 00:43:39,608 --> 00:43:39,608 and what we're planning on doing is basically replacing and enhancing the existing 384 00:43:46,782 --> 00:43:46,782 shared driveway right now the existing shared driveways not in great condition portions of 385 00:43:51,253 --> 00:43:51,253 the asphalt or cracking you know parts of it are are damaged. 386 00:43:58,861 --> 00:44:02,832 so after we're done trenching and installing our utilities we're going to replace it with you know, with a proper asphalt driveway. In addition to that we're going 387 00:44:07,669 --> 00:44:07,669 to create a little channel on the right side to accommodate flows from neighbors driveways 388 00:44:14,776 --> 00:44:14,776 that are just discharging out. Right because there's everything there's there uphill 389 00:44:21,616 --> 00:44:21,616 there uphill of this shared driveway so when it rains all the water just kind of comes on 390 00:44:27,155 --> 00:44:27,155 to this your driveway and comes down the hill. So we've taken into account you 391 00:44:32,694 --> 00:44:32,694 know, the neighbors water that comes off the driveway at the bottom of the hill where the 392 00:44:37,700 --> 00:44:37,700 shared driveway is the water currently pitches towards the neighbor to the east and then 393 00:44:44,907 --> 00:44:44,907 there's that water I think constantly floods their driveway and floods the garage 394 00:44:51,713 --> 00:44:51,713 . So we're doing some we're doing some regrading in that area to 395 00:44:55,884 --> 00:44:55,884 allow for that water to come onto our property stored in the catch basin goes into the bar 396 00:44:59,989 --> 00:44:59,989 retention basin and then back out into the wetland and that property to the east is that 397 00:45:04,126 --> 00:45:07,228 the eight blueberry hill road? Yes. Okay. So that's the property where we received some correspondence so it sounds like there's going to 398 00:45:13,569 --> 00:45:15,171 be some improvements in that regard, correct? >> okay. Correct. You know like I talk about the plantings that we're proposing 399 00:45:18,407 --> 00:45:18,407 to you have the planting but you know, no. And while you're pulling that 400 00:45:31,954 --> 00:45:31,954 up, you know, 100 trees is, you know, a fair amount of trees to be removed in connection with 401 00:45:38,895 --> 00:45:38,895 that one single family home. But if I recall correctly, this site is, you know, 402 00:45:43,966 --> 00:45:43,966 predominantly wooded and many of the trees on the property are going to be preserved. 403 00:45:50,573 --> 00:45:50,573 if you could just oh, I think this depicts that fairly well. Thank you. 404 00:45:55,678 --> 00:45:55,678 maybe we could go to the tree removal plan first. A lot of the way to go back to 405 00:46:04,720 --> 00:46:04,720 this so here is show the the list so this is the tree the tree removal plan on my side of 406 00:46:26,375 --> 00:46:30,012 plans. This table is from the arborist report of all the trees that are to be removed. >> oops. And as you can see there's this 407 00:46:40,356 --> 00:46:40,356 there's this this lot is is is you know, fully wooded, completely vegetated. 408 00:46:45,028 --> 00:46:45,028 so you can see where the majority of the trees are are to be removed are really you 409 00:46:52,702 --> 00:46:52,702 know, in the areas of the house the areas of the bar retention basins, the driveway and pretty 410 00:46:56,906 --> 00:46:56,906 much all the other trees that are surrounding that property is going to going to remain as 411 00:47:03,846 --> 00:47:03,846 as is. We're not we're not proposing or removing any trees that are 412 00:47:07,883 --> 00:47:07,883 not necessary to be removed. Thank you. I also just want to add that a 413 00:47:14,591 --> 00:47:14,591 lot of those trees are in really bad shape, critical in some cases where if we can move 414 00:47:21,030 --> 00:47:21,030 this um if you look at the tree list you can see that a good number of them are critical in 415 00:47:32,542 --> 00:47:32,542 poor condition because we've got you know, all kinds of invasive well the deer have 416 00:47:40,449 --> 00:47:40,449 basically eaten everything that grows new. There is a lot of barberry bush 417 00:47:47,489 --> 00:47:47,489 around there. >> we're going to remove the barberry bush. 418 00:47:51,594 --> 00:47:51,594 the trees have fallen victim of disease and you know, vines there have been a lot of what 419 00:48:01,804 --> 00:48:01,804 are they called blanking out the what's the name of the strangler vine. 420 00:48:10,513 --> 00:48:10,513 >> oh, porcelain baby buried there's some I'm blanking out grape vines there. 421 00:48:15,284 --> 00:48:15,284 I mean there's there well the vines have taken over a lot of the trees and so they're 422 00:48:20,724 --> 00:48:20,724 they've grown up and sort of decapitated a lot of the trees . 423 00:48:25,094 --> 00:48:25,094 and so part of the idea of the planting plan is to replace a lot of these trees with healthy 424 00:48:32,201 --> 00:48:32,201 new trees of species that won't be prone to disease and other various you know, destructive 425 00:48:40,043 --> 00:48:40,043 types of effects. >> so as you can see the uh the planting plan here um, we're 426 00:48:50,886 --> 00:48:50,886 going to be planting uh see if we can do a go down to the next plan so these are the planting 427 00:49:02,465 --> 00:49:02,465 plans that we presented to the conservation advisory council. You can see that we have quite 428 00:49:09,639 --> 00:49:09,639 an extensive list in here which includes the bio retention planting mix as well as you 429 00:49:20,284 --> 00:49:20,284 know where and when. So this this it's a fairly dense planting all based on 430 00:49:28,458 --> 00:49:28,458 native plants and it's you can see the on the c of that this planting plan right there 431 00:49:36,566 --> 00:49:36,566 that's a typical bio retention planting plan and then that is covered by the chart up here 432 00:49:46,108 --> 00:49:46,108 and we did the number of plants that the species whether or not they are thrive, whether or not 433 00:49:54,251 --> 00:49:54,251 we're going to lose power and oh okay, you know based on their position within the 434 00:50:05,596 --> 00:50:05,596 actual bio retention basin wet medium dry so that's been thought through fairly 435 00:50:12,703 --> 00:50:12,703 extensively around the house itself there's going to be a lawn area planted grass but 436 00:50:20,711 --> 00:50:20,711 then on the perimeter is going to be a native meadow that's going to be planted along there 437 00:50:25,448 --> 00:50:25,448 leading up to the house along the driveway will also be native shrubs plants, border 438 00:50:32,556 --> 00:50:32,556 plants, ground covers. So for the most part I'd say 95% of the plants are native. 439 00:50:41,464 --> 00:50:41,464 there are few non-natives but most of those are just sort of I guess meant to be used as 440 00:50:51,274 --> 00:50:51,274 kind of a a decorative feature type of plant ornamental plant. Okay. 441 00:51:02,685 --> 00:51:02,685 there you can see as a section of the bio retention planting basin, can we go to the actual 442 00:51:09,793 --> 00:51:13,463 planting plan list? So there there we have the tree. Um the eye tree report with the trees were planning on replacing those at the tree 443 00:51:21,171 --> 00:51:21,171 removal. This is also repeated there again there was another those 444 00:51:25,608 --> 00:51:25,608 are the plans that I brought here. It gives you sort of a three 445 00:51:30,180 --> 00:51:30,180 dimensional idea of what the overall site's going to look like once it's finished and 446 00:51:34,551 --> 00:51:34,551 planted. So we're going to retain most of the trees around there, the 447 00:51:40,123 --> 00:51:43,660 forest around there. It's going to remain a predominantly wooded site except for the one area around the house. We're not really touching 448 00:51:47,063 --> 00:51:47,063 anything in the wetlands area although we have added some plants along the perimeter as 449 00:51:54,504 --> 00:51:54,504 per the conservation advisory council recommendations. There's another view if we go 450 00:52:04,882 --> 00:52:04,882 back a step there I know the one before that so there's the actual planting plan key where 451 00:52:12,923 --> 00:52:12,923 you can see all the plants that we're adding to the site. It's combination of azaleas, 452 00:52:17,261 --> 00:52:17,261 rhododendrons, some dogwoods, things like river birch the I won't go into the meadow 453 00:52:28,438 --> 00:52:28,438 because the meadows fairly extensive but there's also a matrix for the meadow planting 454 00:52:33,310 --> 00:52:33,310 if we have that one which will be I think further on there so there's some the native meadow 455 00:52:43,320 --> 00:52:43,320 planting mix that's also based on a seasonal planting. So the idea was to create 456 00:52:49,960 --> 00:52:49,960 seasonal interest and color from spring all the way through fall and that you can see the 457 00:52:58,802 --> 00:52:58,802 typical sort of meadow planting section which will be repeated that's a 12 by 40 foot section 458 00:53:09,646 --> 00:53:09,646 that will be repeated but varied along the entire it's very interesting I had a lot of 459 00:53:16,987 --> 00:53:20,891 fun with this. I used I to create the actual matrix. In other words I, I actually have been doing a lot of research and I do a lot of 460 00:53:25,796 --> 00:53:25,796 planting on my own property so I had the plants and I knew what species I wanted but it 461 00:53:32,636 --> 00:53:32,636 was really hard to create a matrix that would repeat that would be different and would 462 00:53:40,344 --> 00:53:40,344 sort of represent and sort of create a native meadow type of mix. 463 00:53:47,417 --> 00:53:47,417 so if you did it in a very regular way where you just did a grid and you had the same 464 00:53:55,158 --> 00:53:58,862 plants in the same grid, you would always kind of look the same. It would looked a little boring. So based on I created a list of 465 00:54:03,133 --> 00:54:03,133 plants the types of plants that I wanted and then I said based on this mix maybe 60% 466 00:54:09,673 --> 00:54:09,673 structural grasses and 15% of certain flowering plants and another 15% of these plants I 467 00:54:21,152 --> 00:54:21,152 created this mix and then within each one of these sections it varies. 468 00:54:28,960 --> 00:54:28,960 so I have 16 sections which when you link them together in piecing together creates a 469 00:54:35,633 --> 00:54:35,633 natural flow throughout the entire meadow that doesn't make it look like it repeats. 470 00:54:40,805 --> 00:54:40,805 it's just it looks like it's been influenced by wind plants have been blown in certain 471 00:54:47,678 --> 00:54:47,678 ways. There's been a kind of natural meadow pollinator meadow effect 472 00:54:54,318 --> 00:54:54,318 so that there are certain areas that might be more have more interest as far as color than 473 00:54:59,824 --> 00:54:59,824 others. So it was really kind of developed to be a very, very 474 00:55:03,894 --> 00:55:03,894 natural and native type of design. >> so we've got a lot of plants 475 00:55:11,202 --> 00:55:11,202 we've got over 8000 plants I think total that we're planting in this. 476 00:55:18,809 --> 00:55:18,809 some will be actual plugs, others will be you know, certain diameter of of the the 477 00:55:30,021 --> 00:55:30,021 trunk and I think the this landscaping plan is almost as important as the actual 478 00:55:37,928 --> 00:55:37,928 architecture of the house itself to me at least. So it's going to be quite a 479 00:55:42,334 --> 00:55:42,334 project. It certainly is and I promise I only asked these final two so 480 00:55:48,473 --> 00:55:48,473 and then I because I want the board and anyone from the public um this is going to be 481 00:55:54,512 --> 00:55:56,981 your residence. >> it is, yes. I wanted that to be on the record definitely and to I think the vine that was escaping me as well is 482 00:56:02,687 --> 00:56:06,558 bittersweet. >> bittersweet. That's it exactly. The bittersweet vines are like anaconda on that property and they're choking out half of the 483 00:56:14,232 --> 00:56:14,232 trees. >> thank you, senior moment miss robinson, you have some 484 00:56:18,936 --> 00:56:22,307 questions? >> yes. The buyer attention systems that you have on the plans currently have those areas been evaluated and do we know that 485 00:56:31,049 --> 00:56:31,049 that's exactly where they are going to go? >> well, maybe I'll let andy 486 00:56:35,587 --> 00:56:35,587 answer that. We did do test pits to determine if they would work 487 00:56:44,362 --> 00:56:44,362 geo tactically in those areas and they do. >> all right. 488 00:56:52,537 --> 00:56:55,473 any other questions, miss robinson? I do. >> so it is clear that you have thought this out with consideration of everyone 489 00:57:07,318 --> 00:57:07,318 especially with the bio systems especially with making sure that water isn't going on to 490 00:57:14,893 --> 00:57:14,893 the neighbor's property and with it being your forever home you will take good care of the 491 00:57:22,534 --> 00:57:22,534 bio retention systems. >> so my concern ultimately is how well the next person will 492 00:57:33,945 --> 00:57:37,816 take care of this. Our retention system. So I just want to voice that for the record correct me if I'm wrong but there's maintenance plan associated 493 00:57:44,823 --> 00:57:44,823 with the installation. Yes. >> on the on the in the 494 00:57:50,161 --> 00:57:51,963 appendix of the swap there is a maintenance plan. Yeah. My concern is the next owner how well they will maintain the bio retention system so it's a 495 00:58:00,371 --> 00:58:04,242 condition that would run with the land and failure to maintain it could be called upon and yes a notice sent and an action taken. >> yes please. 496 00:58:15,153 --> 00:58:16,722 >> any other questions, mr. Robinson? That's it. All right. I did have a few questions before I pass it off to the 497 00:58:22,427 --> 00:58:22,427 rest of the board and then this is a public hearing so I do want to hear from the public. 498 00:58:26,531 --> 00:58:26,531 >> we received one letter of comment that was distributed to the board and so I just for the 499 00:58:33,705 --> 00:58:37,008 record just wanted to paraphrase and or reframe the questions and then get the responses on the record. I think the first one will actually be for you deputy 500 00:58:41,380 --> 00:58:41,380 commissioner schmidt I just wanted to confirm that the town engineer who is a third party 501 00:58:48,086 --> 00:58:48,086 from the applicant reviewed the stormwater management plan prior to this hearing. 502 00:58:55,694 --> 00:58:55,694 >> yes, that's correct. Right. I just wanted to confirm that 503 00:59:02,666 --> 00:59:02,666 the town engineer or other town staff will conduct inspections at key milestones during 504 00:59:08,039 --> 00:59:08,039 construction including grading basin basin installation final stabilization and certify that 505 00:59:14,747 --> 00:59:14,747 the work has been complete in accordance with the plans and with the conditions that if we 506 00:59:21,887 --> 00:59:23,888 approve this application would be included with the approval. >> yes. So if this project's approved by the planning board before the applicant can obtain a 507 00:59:30,462 --> 00:59:34,133 building permit from the building department they need to obtain a stormwater management control permit from the town engineer and it sounds like they've already prepared 508 00:59:41,173 --> 00:59:41,173 they mentioned they've prepared a stormwater pollution prevention plan and they have 509 00:59:45,910 --> 00:59:49,414 drawings that would go with that but ultimately they need the stormwater management control permit from issued by the and signed off on by the town engineer when the town 510 00:59:53,886 --> 00:59:53,886 engineer issues the stormwater management control permit there is a schedule of mandated 511 01:00:00,392 --> 01:00:00,392 inspections that include it's known or referred to as the yellow sheet which is your 512 01:00:05,497 --> 01:00:05,497 schedule of inspections and they can their office can come out at any time to inspect but 513 01:00:13,104 --> 01:00:13,104 at a minimum at milestone points within the project during construction and then 514 01:00:20,812 --> 01:00:20,812 post construction day and even prior to construction for instance to verify that the 515 01:00:25,618 --> 01:00:25,618 silt fence and any other protection measures on the site are installed properly and 516 01:00:29,621 --> 01:00:29,621 according to plan they will be out on site. So I just wanted that to be on 517 01:00:33,792 --> 01:00:33,792 the record. >> thank you and I thank you. And lastly, you know if if a 518 01:00:40,431 --> 01:00:40,431 resident and this could be a general question for for any application you know if a 519 01:00:46,938 --> 01:00:46,938 resident had a question or a comment or wanted to report a concern regarding a development 520 01:00:53,979 --> 01:00:53,979 project, who would be the best point of contact within the town for a neighbor to reach 521 01:01:00,486 --> 01:01:00,486 out? >> so typically the best point of contact during construction 522 01:01:04,923 --> 01:01:04,923 is our building inspectors office. If the complaint doesn't 523 01:01:09,361 --> 01:01:09,361 involve the building inspectors office specifically they will route that comment question or 524 01:01:17,136 --> 01:01:17,136 concern to the appropriate office which may be the bureau of engineering or if it was 525 01:01:21,439 --> 01:01:21,439 tree related to the forestry officer or if it was a legal question down to our legal 526 01:01:28,380 --> 01:01:28,380 department. But certainly our building inspectors office would be the 527 01:01:32,384 --> 01:01:32,384 best point of contact and not not that this is a pop quiz but the the email for the building 528 01:01:36,622 --> 01:01:40,392 department is building at greenberg ny.gov is that correct? Correct. Great. So if a neighbor ever had a 529 01:01:44,530 --> 01:01:44,530 comment or concern they could email building at greenberg ny.gov and get a timely 530 01:01:50,702 --> 01:01:50,702 response and if the building department is not the appropriate recipient as deputy 531 01:01:57,810 --> 01:01:57,810 commissioner schmidt mentioned, that question would be routed to the appropriate office and 532 01:02:01,981 --> 01:02:01,981 their phone number would be on the town website as well. Great. 533 01:02:06,218 --> 01:02:09,789 >> thank you. Are there any questions from any burning questions from the board before we go to the public and then we'll have a second crack at it after after 534 01:02:17,163 --> 01:02:20,299 we hear from the public. >> I have no burning question do have any questions? >> no, I just I appreciated your enthusiasm on the landscaping as somebody who's a 535 01:02:28,574 --> 01:02:28,574 member of the bronx botanic gardens in prospect park botanical gardens and who 536 01:02:32,945 --> 01:02:32,945 appreciates museums with the landscaping you're love to shown in your presentation. 537 01:02:44,589 --> 01:02:44,589 well, I'm also a member of the garden conservancy. Yeah. 538 01:02:51,430 --> 01:02:51,430 mr. Weinberg the access to the property and how it's a shared driveway right. 539 01:03:00,506 --> 01:03:00,506 was that what was shown to the fire department? >> there was a comment from the 540 01:03:06,612 --> 01:03:06,612 engineering department so we had made provisions there. >> there was a comment about 541 01:03:11,284 --> 01:03:11,284 fire truck access. So we we we modified our driveway design to include a 542 01:03:17,924 --> 01:03:17,924 little turnaround area and the engineering department had no other comments from the fire 543 01:03:22,928 --> 01:03:22,928 department. Okay. Uh, the access agreement that 544 01:03:29,802 --> 01:03:29,802 you included. Okay. So I think the applicant signed 545 01:03:36,976 --> 01:03:40,747 it has everyone else there's two there's two other parts. >> there's a little confused about mr. Monk's and what what his property has to do with the shared driveway. 546 01:03:45,917 --> 01:03:45,917 you know, I thought it was just one other house. >> both parties all parties 547 01:03:50,323 --> 01:03:50,323 signed the agreement mr. Monk's driveways at the bottom he he purchased the his property 548 01:04:00,366 --> 01:04:00,366 while we were in process of getting the access agreement the easement and did sign it 549 01:04:04,771 --> 01:04:04,771 before he purchased the property. Right, right. 550 01:04:09,375 --> 01:04:13,179 yeah. And so that's also a maintenance agreement we maintain it for snow and for you know overall maintenance of the exist. 551 01:04:24,324 --> 01:04:24,324 we're going to as andy said, we're going to after we trench it and build the utilities 552 01:04:28,994 --> 01:04:28,994 through it, we're going to repave it and then we're going to modify it. 553 01:04:36,235 --> 01:04:36,235 so the access agreement and the easement agreement calls for shared maintenance after we've 554 01:04:43,175 --> 01:04:43,175 already done all this in perpetuity as long as we're there and one of the neighbors 555 01:04:50,583 --> 01:04:50,583 likes plowing his own driveway so he'll do his own I'm not sure what our new neighbor 556 01:04:58,725 --> 01:04:58,725 wants to do but I. I know that we're going to have to plow our driveway so we're 557 01:05:03,330 --> 01:05:03,330 going to all probably get together and decide, you know, before the first snow when 558 01:05:09,802 --> 01:05:09,802 we're there who does what, you know, because it was a little when I looked at this, you 559 01:05:14,574 --> 01:05:14,574 know, easement one the one that we have. So it was only signed by you. 560 01:05:20,013 --> 01:05:20,013 >> it's only signed well, I can send you the one that's signed by everybody and if you send it 561 01:05:24,384 --> 01:05:27,653 to me. Sure. I thought I thought we had you may have matt you know offhand if a signed agreement is in hand and so I. 562 01:05:35,862 --> 01:05:35,862 I mean I've certainly seen it. I don't I can try to pull it off. 563 01:05:40,800 --> 01:05:44,637 >> okay. >> if not we'll distribute to the board and so they have and so there's the monks, the cones and the series. So there's three houses that 564 01:05:51,678 --> 01:05:51,678 are using this access drive. That's correct. And how do you you know you're 565 01:05:57,884 --> 01:05:57,884 talking to everyone now you're going to live here. What happens because it to me 566 01:06:04,457 --> 01:06:04,457 it wasn't really clear how all this is going to be worked out when there are new owners there 567 01:06:10,363 --> 01:06:14,033 and they don't want to plow you know, they're property themselves. >> I believe the access agreement is in perpetuity and and carries on if we leave well 568 01:06:21,941 --> 01:06:21,941 it is in perpetuity. >> but what you know what I'm not sure about is the 569 01:06:26,880 --> 01:06:26,880 understanding of exactly what you're all obligated to do in perpetuity. 570 01:06:34,086 --> 01:06:34,086 it's you know, you're already making exceptions to just some of what's in here and I'm not 571 01:06:41,194 --> 01:06:41,194 sure that I really saw, you know, the you know, maintenance of this you know, how what kind 572 01:06:45,798 --> 01:06:45,798 of exceptions are we making? >> I'm not so there's an easement for, you know, 573 01:06:56,276 --> 01:06:56,276 maintenance. There's an easement for the utilities and it's hard for me 574 01:07:00,714 --> 01:07:00,714 to understand because I haven't seen a map with all the like a sort of a survey with the three 575 01:07:08,155 --> 01:07:12,059 properties and how they all feed into this access road and who's going to do if you're just going to plow yours? >> I'm not sure that I understand without seeing 576 01:07:18,832 --> 01:07:18,832 something exactly what you are plowing as opposed to the rest of the people. 577 01:07:23,404 --> 01:07:23,404 >> and if someone who's closer to the street doesn't plow who takes care of it? 578 01:07:30,377 --> 01:07:30,377 so maybe we can ask you how do you how are you sharing all these costs when it's not clear 579 01:07:37,884 --> 01:07:41,554 who's doing what exactly who's doing what and there's no there's you know it talks about sharing but it doesn't say there's nothing about the process for how that's going to 580 01:07:46,159 --> 01:07:46,159 work. Let me see if we can get the a a better draw a better drawing 581 01:07:53,233 --> 01:07:53,233 of the shared driveway maybe. >> well, syria syria had been there. 582 01:08:03,610 --> 01:08:03,610 siri's been there for I don't know how many maybe a dozen years they have the property 583 01:08:10,584 --> 01:08:10,584 closest to the cul de sac and so their driveway is the first one on the left as you come off 584 01:08:18,659 --> 01:08:18,659 the cul de sac he's been plowing his own driveway up to the cul de sac for as long as 585 01:08:27,902 --> 01:08:27,902 he's lived there. The prior neighbor who was in monk's house was markey and 586 01:08:36,376 --> 01:08:36,376 markey plowed from his house up to series house so what we I'm assuming we're going to do when 587 01:08:45,452 --> 01:08:45,452 we work it out is we will plow from our house to monk's house . 588 01:08:51,625 --> 01:08:51,625 monks will plow from his house to series house and siri will plow from his house to the cul 589 01:08:57,197 --> 01:08:57,197 de sac and I assume that that's kind of what we're going to eventually work out and if monk 590 01:09:13,347 --> 01:09:13,347 if there's another owner of the monk house and he decides you know, I don't need to, you 591 01:09:18,852 --> 01:09:18,852 know, plow this, you know, whatever but the other people they got to get out. 592 01:09:23,690 --> 01:09:23,690 they can plow my property. >> yeah, I just I think someone should take a clear look at 593 01:09:29,996 --> 01:09:29,996 this and not assume that you're all going to get together today and agree on something and then 594 01:09:37,471 --> 01:09:41,274 in 5 or 10 years or the different owners you know, they don't see it the same way they're not working together. What's in here is what's going to, you know, prevail. 595 01:09:45,712 --> 01:09:49,549 you can always amend it, you know, informally among yourselves while you're there and you're talking to each other. But ultimately this document in 596 01:09:51,852 --> 01:09:51,852 terms of the easements, exactly what they are, the maintenance, how we're going to get people 597 01:09:57,057 --> 01:09:57,057 are going to get charged and pay for it and if they don't pay what the remedies are, this 598 01:10:01,094 --> 01:10:01,094 doesn't really deal with a lot of that and I think for everyone's sake it ought to be 599 01:10:07,301 --> 01:10:07,301 looked at and cleaned up and tightened up so that it works for anyone even if you're not 600 01:10:11,906 --> 01:10:11,906 talking to each other. Well, I'm not an attorney. I believe that this is an issue 601 01:10:19,246 --> 01:10:19,246 between neighbors and not necessarily an issue for the planning board and it's been 602 01:10:25,252 --> 01:10:25,252 worked out and everyone has agreed to it. So unless there's an objection 603 01:10:30,391 --> 01:10:30,391 from a neighbor, I'm not sure it's really pertinent to our discussion in this particular 604 01:10:38,432 --> 01:10:41,035 case. >> I think the fire department did want the road plowed just in case there's a problem. >> well, I think everybody needs to get in and out and I 605 01:10:48,843 --> 01:10:48,843 once again I'm not an attorney so I have I don't have the easement agreement right here 606 01:10:53,447 --> 01:10:53,447 in front of me but I believe that it carries through to all neighbors whether or not they 607 01:11:00,188 --> 01:11:00,188 move out and a new neighbor comes in and takes over. I think it's it runs with the 608 01:11:05,559 --> 01:11:05,559 entire land. >> it does wrong with the land and respectfully it is not 609 01:11:10,632 --> 01:11:14,001 that's not allowed. It's a driveway and the fire department would plow through when they needed to. >> it's you know, perpetual I'm just saying that there's a lot 610 01:11:17,638 --> 01:11:17,638 that's missing in here that that really makes it clear ironclad who's got to do what? 611 01:11:23,411 --> 01:11:23,411 if you want to have informal agreements, that's fine. You know, do it shake hands. 612 01:11:27,948 --> 01:11:27,948 but if someone you know if someone doesn't you know, following through does think 613 01:11:35,423 --> 01:11:39,192 that the serious problems and monks shall be solely responsible for their own snow and ice removal from the driveway which they will do for their own benefit and not for 614 01:11:42,497 --> 01:11:42,497 the benefit of the other parties related to that, this similar line of questioning 615 01:11:47,135 --> 01:11:47,135 came up at a previous application before the board clayton road. 616 01:11:53,674 --> 01:11:53,674 right. And the question similarly came up about who's going to plow 617 01:11:58,580 --> 01:11:58,580 the road and if no one does it, what's going to happen and what mr. Garner had indicated and 618 01:12:05,486 --> 01:12:05,486 what was told to us is that if the fire department needs to access you know, the road in 619 01:12:13,560 --> 01:12:16,230 the roads not plowed, they will plowing and they will charge the owners. There's also the potential for them to be issued violation if they fail to plow. 620 01:12:21,268 --> 01:12:21,268 so those are the remedies if a future homeowner fails to properly keep their driveway 621 01:12:28,210 --> 01:12:28,210 clear of snow and ice. >> so the only difference matt ,is that the application 622 01:12:35,283 --> 01:12:35,283 you're referring to previously all of that's true except for one piece and that was the 623 01:12:40,087 --> 01:12:43,591 prior application was a private road whereas this is a driveway. >> so the inherent well except for the fact that we likely wouldn't issue violations for a 624 01:12:50,532 --> 01:12:50,532 driveway for failure to plow but the cost of plowing said driveway to get to the house 625 01:12:58,273 --> 01:12:58,273 for an emergency would be charged back. >> and if I can just add we had 626 01:13:02,944 --> 01:13:02,944 an interesting situation like that happened this winter where we have a long driveway 627 01:13:09,650 --> 01:13:13,054 currently it's about 512ft long. It's a narrow driveway and the day of the heaviest snow the second snow that we had there was almost two feet. 628 01:13:19,494 --> 01:13:19,494 our plow company decided to ghost us so we called around. We called around just we 629 01:13:28,502 --> 01:13:28,502 finally got in touch with them and they said it was too hard. They decided not to plow our 630 01:13:33,308 --> 01:13:33,308 driveway anymore so we called a bunch of people found somebody and took two days but we got a 631 01:13:40,948 --> 01:13:40,948 plowed now in a case like that if you run into an emergency situation somebody needs 632 01:13:47,055 --> 01:13:50,992 medical care or something like that. What do you do? You're kind of stuck. You're you're held you're holding the bag. 633 01:13:54,963 --> 01:13:54,963 so I can just tell you that we would you know, be as diligent as we possibly could and we 634 01:14:05,239 --> 01:14:05,239 will try to cooperate with all of our neighbors as best we can and it would be in everyone's 635 01:14:11,779 --> 01:14:11,779 best interest if they maintain their driveway and that's you know, rather than setting up a 636 01:14:16,884 --> 01:14:16,884 schedule right now which you know, we haven't done yet because we haven't moved in, we 637 01:14:21,990 --> 01:14:21,990 haven't built the house, we've got the formwork or the the I guess the outline of what we 638 01:14:28,997 --> 01:14:28,997 need to do and I think it makes it a good starting point to kind of develop a relationship 639 01:14:39,007 --> 01:14:42,977 with our neighbors which will be cooperative and everyone can work together. I mean that's all we can really do at this point I think. >> all right. 640 01:14:47,949 --> 01:14:47,949 so this this is a public hearing and I would like to hear from the public. 641 01:14:53,421 --> 01:14:53,421 is there anyone here in person in the audience who would like to speak on this application 642 01:14:57,692 --> 01:14:57,692 please? >> it's up, bro. >> closer. 643 01:15:04,366 --> 01:15:08,002 come up. Introduce yourself name, name and address. >> thank you. Thank you. My name is jonathan monk. 644 01:15:12,006 --> 01:15:12,006 I live at eight blueberry hill road the property to the east in question the correspondence 645 01:15:16,512 --> 01:15:16,512 I said has already been referenced and mr. Chair you touched on pretty much all of 646 01:15:24,252 --> 01:15:28,222 it. >> so I guess the only thing I wanted to ask regarding the town engineer's inspection at key milestones during the construction is what those 647 01:15:35,497 --> 01:15:35,497 milestones are. >> if we know that and if those inspections will be public and 648 01:15:40,235 --> 01:15:40,235 just able to be monitored like obviously we have an avenue to raise concerns but if we can 649 01:15:48,576 --> 01:15:48,576 just independently kind of keep track of progress, right? >> so my suggestion would be we 650 01:15:56,451 --> 01:15:56,451 can put you in touch with the town's bureau of engineering. I don't want to speak and 651 01:16:03,358 --> 01:16:03,358 unintentionally leave out one of the key milestones so they deal with an issue a number of 652 01:16:08,864 --> 01:16:12,834 stormwater permits probably dozens each if not more each year. So we're happy to put you in touch with them so you can understand that process, 653 01:16:17,606 --> 01:16:17,606 understand the milestones and understand the public inspection of records. 654 01:16:23,479 --> 01:16:24,846 >> correct? Okay. Thank you. That's all I have. Thank thank you. Thank thank you for coming out. 655 01:16:28,784 --> 01:16:28,784 please mr. Or mr. Cohen and I know you want to mr. You want to speak and then if it's in 656 01:16:38,560 --> 01:16:40,362 response is it in response to yes. >> okay. So I just want to respond to jonathan monk's concern. I can just tell you that we're 657 01:16:46,902 --> 01:16:50,805 going to do everything we know that it's going to be a lot of disturbance and once construction starts there's going to be dirt and mud and noise and all kinds of things 658 01:16:57,245 --> 01:16:57,245 that will kind of break the peace and quiet of that area a little bit. 659 01:17:02,450 --> 01:17:02,450 so we're going to be very, very diligent and make the contractors know that they've 660 01:17:08,857 --> 01:17:08,857 got to make sure that that's got to be kept clean and that we're going to try to minimize 661 01:17:15,864 --> 01:17:15,864 the disturbance as much as possible and also any sort of disturbance that might cause 662 01:17:23,705 --> 01:17:23,705 stormwater runoff such as silt sill fence. >> if if they get knocked down 663 01:17:29,945 --> 01:17:32,814 we will immediately put them back up. So we're going to try to be as good neighbors as we possibly can and you know, try to mitigate. 664 01:17:39,288 --> 01:17:39,288 it's going to it's going to be a process it's going to probably take about a year or 665 01:17:43,792 --> 01:17:46,929 so to do this. But we're going to do our best to kind of make it as easy on you as possible. And and I'm not sure we've we're even going to know when 666 01:17:53,936 --> 01:17:55,938 the inspections are going to happen. Are we going to get notifications of when the inspections are going to happen? 667 01:17:59,308 --> 01:18:02,645 >> yeah. So there's an inspection checklist so they're going to come out periodically but there are going to be times where your team will contact the 668 01:18:05,848 --> 01:18:05,848 bureau of engineering and say we've installed all the silt fencing according to the plan 669 01:18:11,153 --> 01:18:14,156 we'd like you to come out for an inspection. Okay. But there will be spot inspections. They have the ability to 670 01:18:17,526 --> 01:18:17,526 perform spot inspections and to to our best knowledge if you if you want to know if if we're 671 01:18:22,364 --> 01:18:22,364 notified that there's going to be an inspection, I'm happy to let you know in I might suggest 672 01:18:29,104 --> 01:18:29,104 if you haven't exchange information yet or we have great we have wonderful. 673 01:18:33,175 --> 01:18:33,175 >> okay. All right. >> next member of the public 674 01:18:38,314 --> 01:18:38,314 please state your name and address for the record. >> thank you. 675 01:18:43,553 --> 01:18:43,553 >> good evening on clovis I live at 12 cayuga lane which is just north of the property on 676 01:18:48,357 --> 01:18:48,357 the other side of the woods effectively again I'm also I'm supportive of the property. 677 01:18:53,796 --> 01:18:57,667 I think it's going to be great for the area. My biggest concern I think I would have is around just storm water runoff just downstream flooding you probably already 678 01:19:04,874 --> 01:19:04,874 are aware but this property resides near the wetland that feeds barney brook. 679 01:19:10,079 --> 01:19:10,079 barney brook is a area that has seen a lot of issues in the town of irvington and irvington 680 01:19:16,853 --> 01:19:16,853 has received federal funds or state funds I should say to mitigate that flooding. 681 01:19:24,894 --> 01:19:28,664 so I think that's just an area of concern for all that the neighbors in the area is flooding. Flooding is extreme in this area. 682 01:19:32,368 --> 01:19:32,368 the rainfall that we've had in the last couple flash floods have just inundated the area. 683 01:19:38,942 --> 01:19:38,942 there was recently a hearing about an adjacent property on 50 morgan road as well where 684 01:19:44,013 --> 01:19:44,013 they were trying to build a garage addition and I'm just curious like between those 685 01:19:50,920 --> 01:19:50,920 properties because they're relatively closely situated. Has there been any assessment 686 01:19:55,057 --> 01:19:55,057 done about the combined impact of that and how that feeds the downhill especially like how 687 01:20:02,098 --> 01:20:05,735 you go in an area? >> and I'll ask you a slightly different question and deputy commissioner schmidt, could could you just sort of walk us through what the code 688 01:20:10,740 --> 01:20:13,809 requirements is? Are in terms of stormwater mitigation? >> right. So broken down to its simplest form the code requires that 689 01:20:20,951 --> 01:20:20,951 there be no net increase in water discharging from the property in the 690 01:20:26,055 --> 01:20:26,055 post-construction condition versus the pre construction condition so the applicant as 691 01:20:33,562 --> 01:20:33,562 part of the storm water pollution prevention plan to very like it can be a very 692 01:20:37,866 --> 01:20:37,866 lengthy document has to do an analysis of preexisting conditions how water moves 693 01:20:44,373 --> 01:20:44,373 through the site and then off the site in the preexisting condition and then modeling and 694 01:20:49,779 --> 01:20:49,779 inserting the new home driveway removal of trees, etc. And any regrading that's done along 695 01:21:02,024 --> 01:21:05,328 with their new systems that they're putting in place in this case the buyer retention basins, the various catch basins they model that and they have to submit all that 696 01:21:10,399 --> 01:21:10,399 documentation on to the town's bureau of engineering to ensure that in that post-construction 697 01:21:17,440 --> 01:21:17,440 condition there is no additional water leaving the site and oftentimes it's 698 01:21:22,412 --> 01:21:22,412 actually less often time oftentimes, right. >> so we're we have to speak 699 01:21:33,823 --> 01:21:37,360 about the current project before I sign I was around during the construction process of 50 mile again and I'm sorry the mulligans. >> yeah the little more that 700 01:21:44,133 --> 01:21:44,133 the bell right yes so but I'm not an engineer I only know what the code requires and what 701 01:21:50,874 --> 01:21:50,874 our bureau of engineering looks at and analyzes and then the inspections and to get to the 702 01:21:56,179 --> 01:21:56,179 heart of your question or ultimately what deputy commissioner schmidt explain 703 01:22:02,452 --> 01:22:02,452 that that net reduction is on a site by site basis and so ultimately the the fact that 704 01:22:06,456 --> 01:22:06,456 there's two projects or two sites near each other that both had development ultimate 705 01:22:10,459 --> 01:22:10,459 ultimately each site independently had to have a net reduction right it's it's you 706 01:22:17,366 --> 01:22:17,366 can't you know if one of them is doing more and the other one's doing less they don't 707 01:22:23,406 --> 01:22:23,406 balance out if you're you know they're individually okay I know I understand. 708 01:22:27,744 --> 01:22:30,847 I appreciate that of course and what you guys have done to kind of assess the situation it's exactly like you said morgan development and it's probably a function of weather conditions 709 01:22:37,688 --> 01:22:37,688 changing radically and I think maybe that's part of the the the the review that's pending 710 01:22:41,758 --> 01:22:41,758 has changed significantly like the amount of water that comes down. 711 01:22:46,229 --> 01:22:46,229 so what was fine before is just not and I guess the other concern I would have is the 712 01:22:52,935 --> 01:22:52,935 there's a 100 yes there's a lot of invasive species but there's one hundred mature probably 50 713 01:23:00,377 --> 01:23:00,377 year old trees that retain a significant amount of water in their root system and putting 714 01:23:06,383 --> 01:23:06,383 72 saplings which isn't even equivalent to the number of trees coming out which are tiny 715 01:23:10,653 --> 01:23:10,653 they're not I get it there's retention ponds but there's still also a like the grading 716 01:23:17,827 --> 01:23:20,030 of the slopes, right? Like just the retention of soil and stuff. The roots do that like ponds not going to retain the dirt on these steep slopes which 717 01:23:26,203 --> 01:23:29,873 there's about 5000ft2 of which is like the size of a basketball court. It's a relatively large area, right? >> so I know that prior to 718 01:23:35,178 --> 01:23:35,178 closing out the stormwater management control permit which is completely separate from the 719 01:23:39,849 --> 01:23:39,849 building permit and you know other related permit, the site has to be fully stabilized so 720 01:23:47,291 --> 01:23:47,291 you can't have erosion happening with erosion gullies and silt and whatnot entering 721 01:23:52,062 --> 01:23:52,062 into the wetland and then discharging to offsite properties that would not be 722 01:23:58,969 --> 01:23:58,969 something that would satisfy the bureau of engineering tont r permit is closed. 723 01:24:02,976 --> 01:24:02,976 >> okay. That's good to hear and I guess the last thing was and if I 724 01:24:08,182 --> 01:24:08,182 could actually so I'm not too sure if I could just ask one question so deputy commissioner 725 01:24:13,387 --> 01:24:13,387 schmidt could you also just explain briefly so you know, certainly there has been I 726 01:24:18,092 --> 01:24:18,092 would say an evolution in weather events or over time our code currently requires is a 25 727 01:24:25,433 --> 01:24:28,668 year storm. That's correct. And I'm and for the record what what level storm is the applicant proposing for the storm water retention system I 728 01:24:36,476 --> 01:24:36,476 believe the 25 year storm. Okay. That yeah I did have a comment. 729 01:24:41,115 --> 01:24:41,115 I was going to relay back to the applicant and I believe miss anderson I've just 730 01:24:48,155 --> 01:24:48,155 robinson had a question as well but the last point it partly touched on it was the fire 731 01:24:52,859 --> 01:24:52,859 access. This is a heavily wooded area that is also relatively close 732 01:24:59,033 --> 01:24:59,033 to a nature reserve that's just on the other side of the street. 733 01:25:03,203 --> 01:25:03,203 so I think the concern was I think even in the application it said substandard with 734 01:25:07,974 --> 01:25:07,974 driveway 14ft there is that concern whether it's snow or anything else of if they have 735 01:25:15,615 --> 01:25:15,615 to plow to even get in there that's a problem like fires aren't going to wait for the 736 01:25:21,522 --> 01:25:21,522 plow to arrive for the fire department to access what is an extensively long driveway to 737 01:25:26,426 --> 01:25:26,426 get to a property and that I think is just another concern for people that live around. 738 01:25:31,064 --> 01:25:31,064 there is that it is heavily wooded fire spreads quick and so that's just I'm just 739 01:25:38,437 --> 01:25:38,437 wondering if has the irvington beyond like because I think irvington also covers this area 740 01:25:45,179 --> 01:25:45,179 off a mountain road as does the irvington fire department chiefs and off there. 741 01:25:49,450 --> 01:25:51,251 >> yes. Okay. And I can speak on that. We voted the plans in their entirety to the irvington fire district and they indicated 742 01:25:56,123 --> 01:25:56,123 that they had no issues with the project as presented. >> okay, great. 743 01:26:00,327 --> 01:26:04,264 that's a I appreciate your time. >> yeah. It's not just in house, you know. No, no review we do send to the 744 01:26:07,668 --> 01:26:07,668 districts that cover the properties. Okay throughout the town what's 745 01:26:12,707 --> 01:26:12,707 I appreciate your congrats I responded to yes please mr.. >> mr. Cohen a couple of things 746 01:26:19,180 --> 01:26:19,180 I just wanted to respond to in regards to the route the uptake of water, the hydrology of the 747 01:26:26,320 --> 01:26:26,320 trees as I said, I would say a majority of the trees are in critical condition so there are 748 01:26:32,759 --> 01:26:32,759 almost dead in a lot of cases or they are dead . So their route their water 749 01:26:40,601 --> 01:26:40,601 uptake is minimal right now and it's going to decline even more over time. 750 01:26:45,205 --> 01:26:45,205 so I do agree that a full sized tree takes up much more water than a smaller sapling that you 751 01:26:52,313 --> 01:26:52,313 plant but ultimately the idea is to fully vegetate the whole property so that it actually 752 01:27:00,120 --> 01:27:00,120 has a much better hydro logical profile than it does now because now it's pretty much 753 01:27:08,228 --> 01:27:12,133 barren except for the trees and we're going to be planting it extensively and trying to enhance the property as well as the wetlands. So I think it may take a few 754 01:27:19,406 --> 01:27:19,406 years to get to that point but ultimately I think it will be a much better sort of condition 755 01:27:27,381 --> 01:27:27,381 as far as the landscaping and the trees and the plantings go than it is now. 756 01:27:33,988 --> 01:27:33,988 thank you. >> is there anyone here in in person who would like to speak 757 01:27:42,830 --> 01:27:42,830 on this application all right. Is there anyone on zoom who would like to speak on this 758 01:27:47,101 --> 01:27:47,101 application? >> mr. Lefler? >> hey, how you doing? 759 01:27:53,508 --> 01:27:56,778 sorry I couldn't be there in person but I appreciate the opportunity. I live at 15 cayuga lane right next to sven and I look, I'm not opposed in the project in 760 01:28:07,721 --> 01:28:07,721 principle my concern is what happens actually in practice once construction begins and 761 01:28:15,630 --> 01:28:15,630 the site is elevated and my property sits right at the bottom of that, it's the first 762 01:28:22,637 --> 01:28:22,637 kind of drainage point from where where the swamp drains to and so if stormwater controls 763 01:28:29,377 --> 01:28:29,377 don't work in the real world I live with the consequences sandwiched with the 764 01:28:36,583 --> 01:28:36,583 consequences the other neighbors on our cul de sac live with the consequences and 765 01:28:40,956 --> 01:28:40,956 I want to be candid I'm I cannot stress how concerned I am about this. 766 01:28:51,399 --> 01:28:51,399 it's not theoretical. We we lived with the impact of the mulligan lane construction 767 01:29:00,374 --> 01:29:00,374 and you know and mr. Schmidt I believe I order it I, I appreciate the what the code it 768 01:29:12,019 --> 01:29:12,019 is to me for water runoff. I cannot imagine that that is being met right now for the 769 01:29:23,264 --> 01:29:23,264 mulligan lane properties and we're not here to talk about that but it gets to my point 770 01:29:28,270 --> 01:29:28,270 which is accountability. So I was in this room where you guys are years ago when similar 771 01:29:35,476 --> 01:29:35,476 the exact same assurances were made about the mulligan lane development before it started 772 01:29:42,483 --> 01:29:42,483 stormwater performance storage capacity all the plantings, the mitigation measures, everything 773 01:29:47,522 --> 01:29:47,522 right we heard it all. We were told all of this and the reality on the ground 774 01:29:54,428 --> 01:29:54,428 didn't match those assurances as fen mentioned as many others mentioned, you know weather 775 01:30:01,936 --> 01:30:05,674 patterns have changed. That doesn't help the situation at all but it is the reality that we deal with. So you know, my neighbors and I live with the the runoff impact 776 01:30:12,480 --> 01:30:12,480 when it rains to this day I still get runoff debris and garbage on my property from the 777 01:30:21,089 --> 01:30:21,089 prior construction area. We're not here to talk about that but I do want to talk 778 01:30:25,394 --> 01:30:25,394 about accountability because I'm the one who has to deal with the garbage and it's it's 779 01:30:32,200 --> 01:30:32,200 not a fun thing like I want to be. I also want to say, mr. Cohen, 780 01:30:40,508 --> 01:30:40,508 when you might recall we met I think a year or two two years ago I thought you were 781 01:30:47,415 --> 01:30:51,085 thoughtful. I thought you were sincere. You seemed like an excellent neighbor. And you know, I look forward to having you as a neighbor. 782 01:30:55,590 --> 01:30:55,590 I appreciate the care that you've taken with these plans and the plantings and 783 01:31:01,896 --> 01:31:01,896 everything there and I can imagine it might possibly improve the health of the 784 01:31:07,268 --> 01:31:10,972 woods. That would be great. My concern isn't about intent. It's about how do we make sure that there is good intentions and good plans come with real 785 01:31:18,646 --> 01:31:18,646 oversight that prevents damage . So I'll I'll stop there and one 786 01:31:29,057 --> 01:31:29,057 one key question that I want to ask is if if the standard is no net increase in runoff in the 787 01:31:36,298 --> 01:31:36,298 post-construction condition and that's you know and that's not what neighbors are experiencing 788 01:31:43,805 --> 01:31:43,805 in practice from the mulligan lane construction. Well, how do we square that 789 01:31:48,444 --> 01:31:48,444 with what we're hearing now from ten minutes ago? How do we enforce 790 01:31:52,580 --> 01:31:52,580 accountability? >> who is accountable? And it's not necessarily 791 01:31:56,985 --> 01:32:00,956 intentional. I don't think anyone had bad intentions but it's the reality of the situation that we're that we're dealing with. >> thank you. 792 01:32:06,528 --> 01:32:09,832 thank you, mr. Leffler. Thank you. Yes, deputy commissioner schmidt, would you like to respond? So I'm going to let legal 793 01:32:14,369 --> 01:32:14,369 respond to the accountability matter. >> but in terms of in terms of 794 01:32:21,643 --> 01:32:21,643 responding to comments about additional measures, let's say that perhaps could be 795 01:32:28,817 --> 01:32:32,755 undertaken by the applicant and the project team I was going to bring this up before but we wanted to get to the public commentary with there be the possibility to further protect 796 01:32:40,362 --> 01:32:40,362 downstream properties during the course of construction, would you be open to 797 01:32:44,733 --> 01:32:44,733 utilization of both wire backed reinforced silt fencing as well as potentially straw bales to 798 01:32:53,675 --> 01:32:53,675 support that silt fencing so that you know with the more intense rain events that we've 799 01:33:01,684 --> 01:33:01,684 experience over these the last handful of years we've seen the typical silt fencing get 800 01:33:08,990 --> 01:33:08,990 breached much more often than in years prior. So one of the things we've 801 01:33:16,665 --> 01:33:16,665 asked applicants to consider is the wire backed combined with the straw bales as an 802 01:33:24,306 --> 01:33:24,306 additional measure. >> so I just like to respond to the gentleman. 803 01:33:28,477 --> 01:33:28,477 thanks for your comments. I certainly appreciate what you're saying. 804 01:33:34,283 --> 01:33:34,283 when we first went to the site and sort of looked at the lay of the land, it was very kind 805 01:33:39,288 --> 01:33:39,288 of unique because the stream runs in two directions and my guess and this is based on 806 01:33:49,931 --> 01:33:49,931 working with the stormwater prevention pollution plan and and everything that we working 807 01:33:54,804 --> 01:33:54,804 on that the mulligan lane situation and I correct me if I'm wrong but I think mulligan 808 01:34:02,044 --> 01:34:02,044 lane is up on the hill up on the the top of the valley there so it runs directly down into 809 01:34:09,452 --> 01:34:09,452 the backyards of that area I think and in the particular case of this property, most of 810 01:34:16,592 --> 01:34:16,592 the runoff comes from the pond up above there's a there's a manmade pond to the east and 811 01:34:28,037 --> 01:34:28,037 they have two areas of runoff that run right down the hill. Then the at a certain point 812 01:34:35,545 --> 01:34:35,545 right after it gets across the property line at some point maybe the girl scouts who are 813 01:34:42,751 --> 01:34:42,751 on the property or somebody before that built a stone where almost like a little dam so 814 01:34:50,293 --> 01:34:50,293 when the water runs off it runs in two directions. It hits that area and it runs 815 01:34:55,130 --> 01:34:55,130 backwards towards the pond on blueberry hill road and then it runs down towards your 816 01:35:03,372 --> 01:35:03,372 properties. So most of the water that I've seen collects in the spring and 817 01:35:10,312 --> 01:35:10,312 when there's heavy rain seasons and then in the summer that whole area dries out if there's 818 01:35:18,287 --> 01:35:18,287 a big rain event it continues. It runs both ways. My guess is that most of the 819 01:35:25,094 --> 01:35:25,094 runoff you're seeing is coming from the new construction in mulligan lane. 820 01:35:29,899 --> 01:35:29,899 maybe I don't know. And the area that is has the pond above it the area we're 821 01:35:37,540 --> 01:35:41,444 planning on doing the construction is kind of up on a plateau and of course we're going to be moving we're moving trees and that you know, speeds up the flow of rain. 822 01:35:47,849 --> 01:35:47,849 but I'm certainly open to putting in a reinforced fencing if you think that's going to 823 01:35:53,022 --> 01:35:53,022 make a difference. I don't see that would make that much of a difference as 824 01:35:57,694 --> 01:35:57,694 far as overall cost goes. >> but my guess my guess is that even after we clear the 825 01:36:07,603 --> 01:36:07,603 property there's not going to be as much runoff because most of the runoff comes from the 826 01:36:12,609 --> 01:36:12,609 the pond in the area above that and I've walked that property when it's rained a lot and I 827 01:36:19,848 --> 01:36:19,848 never see water running from the west to the east. It's all it all gets absorbed 828 01:36:24,286 --> 01:36:24,286 into the into the soil and you know we're going to be planting the soil. 829 01:36:31,394 --> 01:36:34,230 obviously there's going to be construction and we're going to have silt fence fencing around there. So we're going to do everything we can to mitigate that and if 830 01:36:38,701 --> 01:36:38,701 we have to harden up the soil fencing and put in hay bales in certain areas, maybe it isn't 831 01:36:44,740 --> 01:36:44,740 necessary all along it but we'll sort of identify that and we're work with the town and 832 01:36:50,147 --> 01:36:53,750 kind of figure those areas out . >> thank you. Thank you. I have no question that that you will be meticulous in 833 01:36:56,419 --> 01:36:56,419 maintaining the property and overseeing your your contractors but you know mr. 834 01:37:04,326 --> 01:37:04,326 leffler referenced construction debris that was left by a developer at a at a different 835 01:37:11,034 --> 01:37:11,034 property. Would you be open as a condition to you know, ensure 836 01:37:15,471 --> 01:37:15,471 that all construction debris is removed from the property before building permits are 837 01:37:22,345 --> 01:37:22,345 final final approval is issued . >> so you definitely and that 838 01:37:30,286 --> 01:37:30,286 was part of why I asked earlier you're intending to live at this property. 839 01:37:37,727 --> 01:37:41,197 >> I don't want to see construction debris around which which is which is different from a developer building and then selling off some people might consider the 840 01:37:45,768 --> 01:37:49,639 sculptures that we put up there construction debris but but that that's a difference. >> well we'll let these guys fine tune that when we had a draft draft and I just wanted 841 01:37:57,246 --> 01:37:57,246 to add as part of the condition of the swap the the contractor that mr. Cone chooses to do the 842 01:38:04,186 --> 01:38:04,186 construction will be required to have a dc trained individual as part of the contractors team 843 01:38:11,927 --> 01:38:11,927 to make daily inspections of the cell phones double up cell phones of necessary hay bales 844 01:38:19,369 --> 01:38:19,369 if necessary. So all of those provisions are requirements of of the 845 01:38:24,173 --> 01:38:24,173 contractor who's going to be doing the work. >> yeah and is it once a week 846 01:38:28,211 --> 01:38:32,114 or once every other week where reports or you know those inspections are compiled into a report correct. >> emitted to the town? Yes. 847 01:38:36,419 --> 01:38:38,221 okay. Thank you. I just wanted to note so if there is an issue you can reach out to the town engineer or a building inspector and they 848 01:38:43,359 --> 01:38:43,359 will respond that day and if it's after hours then they'll respond the next day. 849 01:38:49,766 --> 01:38:49,766 >> I just want to mention if there's something like a hurricane and it's beyond our 850 01:38:54,237 --> 01:38:57,941 control, there's not much we can do but we'll do everything we can to if there's something like that coming to strengthen and harden the the protections . 851 01:39:04,414 --> 01:39:08,117 >> all right. Things to clarify this is for 100 year storm, right? >> correct. The storm water design was designed for 2525. 852 01:39:12,988 --> 01:39:16,760 >> okay. All right, mr. Lefler, you have another yeah, if you don't mind, I just gave thank you, man and I obviously your intentions are not the same as 853 01:39:26,837 --> 01:39:26,837 you know what happened a mulligan and it's really just unfortunate luck I think for 854 01:39:31,908 --> 01:39:31,908 everybody here, especially you that we have to bring this up now. 855 01:39:38,782 --> 01:39:38,782 it would be irresponsible to our families and our ourselves if we didn't bring it up. 856 01:39:45,755 --> 01:39:45,755 >> I just want to clarify one 1 or 2 points we get run off now from that from that the the 857 01:39:57,134 --> 01:39:57,134 swamp there usually during it'll happen during snowmelt it'll happen during heavy rains 858 01:40:04,741 --> 01:40:04,741 and the heavy rains are happening way more often than they used to. 859 01:40:09,413 --> 01:40:09,413 it creates a waterfall in my backyard and spends backyard it's no one's fault. 860 01:40:16,387 --> 01:40:16,387 >> that's just the reality of the situation. And you used a word earlier 861 01:40:21,492 --> 01:40:21,492 that you said my guess is that it will go down right and I agree and you've done that this 862 01:40:29,266 --> 01:40:29,266 is your profession. You're an expert at it. Your guess is a pretty good 863 01:40:34,404 --> 01:40:34,404 guess. But what if you're wrong because we've now dealt with 864 01:40:40,243 --> 01:40:40,243 the repercussions of all the assurances the 25 year storm drains and all that and all the 865 01:40:51,388 --> 01:40:51,388 runoff. >> you know, we've we've dealt with the you know the the so 866 01:40:56,093 --> 01:40:56,093 what and it's it's a pretty big oops now where no one no one's accountable every time it rains 867 01:41:03,867 --> 01:41:03,867 my neighbor not to find the guy who lives on the other side of me you know his there's a river 868 01:41:11,408 --> 01:41:11,408 that runs through his yard and rip and and dumps his river stones heavy river stones that 869 01:41:18,749 --> 01:41:18,749 are three inches in in diameter just dumps them all out into the cul de sac and he has to 870 01:41:26,156 --> 01:41:26,156 get out there with a shovel and he makes his kids do it now you know, gives them a workout but 871 01:41:30,628 --> 01:41:30,628 you know, shovels them back into onto his property. >> so I'm not again, I'm not 872 01:41:38,001 --> 01:41:38,001 trying to prevent this. I truly am trying to raise issues that are the reality of 873 01:41:48,311 --> 01:41:48,311 of what we live on a daily basis and just hope that we can come to some some solutions 874 01:41:53,317 --> 01:41:53,317 that we're not there for. Mulligan right. So I'll stop now. 875 01:41:58,822 --> 01:41:58,822 thank you for the opportunity and anyone can contact me any time. 876 01:42:05,161 --> 01:42:05,161 my phone number is (202) 531-5358. Really this is important to to 877 01:42:11,201 --> 01:42:11,201 me so don't hesitate to reach out. >> thank you, mr. Lefler. 878 01:42:17,775 --> 01:42:17,775 I appreciate that. I just wanted to respond quickly and because we do have 879 01:42:22,246 --> 01:42:22,246 multiple other projects on the agenda this evening I think I don't want to speak for mr. 880 01:42:29,786 --> 01:42:29,786 khan but I do know that there are multiple areas or properties that contribute to 881 01:42:37,060 --> 01:42:37,060 that wetland. Mr. Cohen site and I think what he was pointing out is on the 882 01:42:44,968 --> 01:42:44,968 other side of the wetland where the east side of the wetland there's a down to it and 883 01:42:52,543 --> 01:42:52,543 there's actually a pond up above and I'm happy to meet with you mr. Lefler and any of 884 01:42:57,247 --> 01:43:00,618 the neighbors to kind of show you what contributes to this wetland area. Well, mr. Cone can't be held responsible for what happens on the other side. 885 01:43:05,155 --> 01:43:05,155 he is going to be held responsible for what his property contrib shoots and 886 01:43:13,230 --> 01:43:13,230 he's going to be held to this standard of the town. >> but he can't if there's 887 01:43:17,301 --> 01:43:17,301 water moving down the opposite side of the hill and down into the wetland area and then 888 01:43:22,139 --> 01:43:22,139 ultimately down towards cayuga, you know, that's not something he can tackle or you know, 889 01:43:28,512 --> 01:43:28,512 handle or you know, do anything about really. So it's it's kind of a dynamic 890 01:43:33,384 --> 01:43:33,384 situation and there are multiple properties involved but certainly with respect to 891 01:43:41,492 --> 01:43:41,492 his site, you know they're going to be held to the standard and and we do you know 892 01:43:45,896 --> 01:43:45,896 now we're fully outfitted with a full bureau of engineering that has multiple inspectors 893 01:43:53,103 --> 01:43:57,008 that are out on properties, you know, every day if not every other day. So I can appreciate your concerns. I do live in irvington as well 894 01:44:01,311 --> 01:44:01,311 and I'm familiar with the area I grew up in the area. So there is certainly well 895 01:44:08,086 --> 01:44:08,086 received. >> thank you. Are there any additional 896 01:44:13,157 --> 01:44:13,157 questions from the board I guess are there any additional anyone else on zoom who would 897 01:44:18,395 --> 01:44:21,699 like to speak at this public hearing? >> I don't believe so. All right. Anyone from the board have any additional questions or 898 01:44:25,436 --> 01:44:28,138 comments? No, no. All right. Great. >> thank you very much. Thank you very much you thanks 899 01:44:33,711 --> 01:44:36,347 for your time. Does the board want to entertain closing or a journey? >> we are in public hearing. Yes. I think we've heard all the 900 01:44:43,520 --> 01:44:46,791 comments and we appreciate the comments and there's been responses. Anything that was not directly responded to in terms of inspection reports and those 901 01:44:54,665 --> 01:44:54,665 reports being open to the public. I've identified that I'm happy 902 01:44:59,003 --> 01:44:59,003 to put the neighbors and or the applicant in touch with our bureau of engineering so that 903 01:45:03,608 --> 01:45:03,608 they can understand that process of the stormwater management control permit the 904 01:45:08,813 --> 01:45:12,549 various inspections and the public inspection of those records. So I think we've responded to to those points and the board could entertain to close or 905 01:45:20,758 --> 01:45:24,028 adjourn. Okay. >> just someone raised the issue of you know designing the storm plan for 25 years. Is there any way to increase 906 01:45:31,002 --> 01:45:31,002 that given the discussions we're hearing and the risks referred to? 907 01:45:39,510 --> 01:45:39,510 >> right. Yeah. So as mr. Chang is coming up, 908 01:45:44,749 --> 01:45:44,749 this is something that you know, has been brought up at almost every application that 909 01:45:51,556 --> 01:45:51,556 comes before the planning board just given the severity of storm events more in more 910 01:45:56,327 --> 01:45:56,327 recent history and if they're either a has been exploration of the potential to design for 911 01:46:03,869 --> 01:46:03,869 something greater than the minimum standard required by the town or if not if that you 912 01:46:11,609 --> 01:46:11,609 know can be done or research any additional well I so the stormwater design all the catch 913 01:46:19,818 --> 01:46:19,818 basins, all the piping the bar retention basins were all designed for 25 year storms. 914 01:46:24,055 --> 01:46:24,055 I can run the model to see what larger storms I can handle. Don't quote me I think it 915 01:46:31,963 --> 01:46:31,963 probably will be able to accept 100 year storm although I would have to check the calculation 916 01:46:39,302 --> 01:46:39,302 if you could really be a battery grant thank you. Do you think you would need 917 01:46:43,375 --> 01:46:43,375 more than a week to be able to determine that? >> no, I think I can probably 918 01:46:49,414 --> 01:46:53,084 get it to you the next couple of days. >> correct. Okay. That'd be thank you. All right. And I will entertain a motion to close the public hearing and keep the written record open 919 01:46:59,891 --> 01:47:03,661 through may 13th. >> so move, move. Mr. Bellinger second, second. >> ms.. Robinson all in favor? I chair votes I and I will 920 01:47:07,899 --> 01:47:07,899 entertain a motion to close this public hearing session of the planning board so moved 921 01:47:15,040 --> 01:47:15,040 moved ms. Robinson second second mr. Bellinger on favor I chair votes I and I will call 922 01:47:22,147 --> 01:47:22,147 for a five minute recess and I'll come bac all right. 923 01:47:30,202 --> 01:47:30,202 welcome back to the wednesday, may 6th, 2026 planning board meeting. 924 01:47:34,840 --> 01:47:34,840 >> it is 902 pm. >> we are back to our work session. 925 01:47:41,513 --> 01:47:41,513 we have four items of new business this evening. >> first up we have case number 926 01:47:51,724 --> 01:47:51,724 2530 to conquer at 14 hurst stone circle in scarsdale. The applicant is seeking a 927 01:47:59,865 --> 01:47:59,865 wetland watercourse permit is someone here representing the applicant this evening matt was 928 01:48:09,274 --> 01:48:09,274 there communication with the applicant and to a representative? 929 01:48:14,046 --> 01:48:14,046 >> yes. >> is henry in the audience and very now it looks like the 930 01:48:23,789 --> 01:48:23,789 other apple oh there was a gentleman sitting there before well let's that's stepped out 931 01:48:32,531 --> 01:48:32,531 for me so so we'll skip around and we'll we'll come back to conquer all right the next up 932 01:48:38,937 --> 01:48:38,937 we have case number pb 2603 mccann's cuban cafe at 17 east hartsdale avenue in parts dale 933 01:48:50,916 --> 01:48:50,916 the applicant is seeking a special use permit for a restaurant and a shared parking 934 01:48:55,721 --> 01:48:59,291 reduction. >> good evening. I agree with many members of the board. We are here with narula hernandez. 935 01:49:03,830 --> 01:49:03,830 she's the owner of attention school cafe 17 is hartsdale high so we are coming on three 936 01:49:13,806 --> 01:49:16,975 year anniversary of being in hartzell community so we're looking to expand our seating into our next door neighbor who has been vacant for about eight months eight nine months now 937 01:49:21,413 --> 01:49:21,413 I'm looking to expand seating at about seven tables 28 seats to accommodate families aunts, 938 01:49:31,322 --> 01:49:31,322 uncles, babies. I currently just have five bar stools in a little takeout area 939 01:49:35,327 --> 01:49:35,327 so I'm just looking to expand and have the community kind of sit and hang a little bit 940 01:49:39,331 --> 01:49:39,331 longer. >> so yeah, that's our special permit request. 941 01:49:45,571 --> 01:49:45,571 well and just a couple of questions would there be an interconnection between the 942 01:49:49,842 --> 01:49:49,842 existing space and the new space interior? >> yes. 943 01:49:53,946 --> 01:49:53,946 yes. >> we're going to we're going to be making an opening around 944 01:49:59,652 --> 01:49:59,652 four feet but not in the area. >> what is the kitchen? It's going to be just in front. 945 01:50:03,989 --> 01:50:03,989 so he's not going to be anything exposed for the fire department. 946 01:50:08,594 --> 01:50:08,594 >> fire department mean common zoning and we we knew and we made plans for that right that 947 01:50:13,031 --> 01:50:13,031 I deploying that plan right now so this also her new location is the same square footage 948 01:50:20,139 --> 01:50:20,139 she's 488ft2 so basically is an empty space with a bathroom in the back and what we're going 949 01:50:27,914 --> 01:50:27,914 to do is turn that pattern into a handicapped bathroom for easy access for for the customers is 950 01:50:36,923 --> 01:50:36,923 going to be basically two entrances for in the front and two exits in the back right and 951 01:50:44,563 --> 01:50:44,563 we have everything related with the fire department and the sprinkler system is the only 952 01:50:55,608 --> 01:50:55,608 request that they they mention and right. >> and you show the sprinkler 953 01:51:01,381 --> 01:51:03,248 logo. Yes. Yes we we made an extra set of plans for that just to show them that we're going to have a sprinkler system and the new 954 01:51:08,153 --> 01:51:10,388 location. >> great. And one other question the project in addition to the special use permit requires a shared parking reduction by or 955 01:51:17,897 --> 01:51:17,897 via this conversion of the space to into a restaurant and there's a greater parking 956 01:51:23,836 --> 01:51:23,836 requirement right. >> and this additional use would require an additional 13 957 01:51:31,076 --> 01:51:31,076 off street parking spaces. We know that this property does not provide for off street 958 01:51:38,350 --> 01:51:38,350 parking so that's why you're seeking the shared parking reduction. 959 01:51:43,189 --> 01:51:43,189 I guess the question is, you know, have you evaluated it? Just walk us through your 960 01:51:48,128 --> 01:51:48,128 evaluation of nearby locations that patrons would be able to park and yes, basically we have 961 01:51:54,934 --> 01:51:54,934 a discussion with the parking district and they do have the comments that they do is going 962 01:52:02,041 --> 01:52:06,012 to bring them here. Yes. The ones that they give us this is a across the street they say that is fine because I believe in the whole section where you 963 01:52:12,218 --> 01:52:12,218 have the company which owns it just yeah, but it comes for the parking district like we have. 964 01:52:34,440 --> 01:52:34,440 okay. They say we we're concerned about the street and around 965 01:52:40,647 --> 01:52:40,647 this is adequate parking is available to restaurant patrons through the nearby municipal 966 01:52:44,918 --> 01:52:44,918 parking lot which provides 95 off street spaces as well as 52 on street parking spaces along 967 01:52:52,125 --> 01:52:52,125 the corridor to support the proposed expansion. >> thank you. 968 01:52:56,429 --> 01:52:56,429 yes. >> so just expanding upon that as required under the town 969 01:53:02,869 --> 01:53:02,869 code, the zoning ordinance specifically the building inspectors office is to issue a 970 01:53:07,640 --> 01:53:07,640 recommendation on all shared parking reductions to this board and the building 971 01:53:14,447 --> 01:53:14,447 inspectors office did did do that via memorandum dated march 23rd, 2026 where they indicated 972 01:53:21,755 --> 01:53:21,755 that while the applicant does not have any dedicated off street parking spaces, this 973 01:53:28,861 --> 01:53:28,861 condition is not unique as many businesses along east hartsdale avenue similarly lack yes the 974 01:53:36,869 --> 01:53:36,869 onsite parking and while the applicant seeks a shared parking reduction to zero 975 01:53:44,277 --> 01:53:44,277 adequate parking is available to the patrons via those 95 off street parking spaces in the 976 01:53:51,918 --> 01:53:51,918 nearby municipal lot as well as 52 on street parking spaces along the corridor to support 977 01:53:58,725 --> 01:53:58,725 the proposed expansion based on availability of these nearby parking resources. 978 01:54:03,563 --> 01:54:03,563 >> the building department recommends approval of the requested shared parking 979 01:54:08,001 --> 01:54:08,001 reduction. I just wanted to read that into the roadmap. 980 01:54:12,439 --> 01:54:14,608 thank you, jeff. You're welcome. Great. Are there any questions from the board on this application or do you know whether the rest 981 01:54:22,181 --> 01:54:22,181 of that march 23rd memo from liz was shared with the applicant? 982 01:54:26,419 --> 01:54:26,419 >> yes, the entire memo was shared. >> so if you have a specific 983 01:54:30,490 --> 01:54:30,490 question I'm just wondering where with with whether they've reviewed it and they can comply 984 01:54:34,494 --> 01:54:34,494 with those requirements. >> right. So we can walk through that 985 01:54:39,666 --> 01:54:39,666 quickly. But there were some other comments that primarily relate 986 01:54:44,804 --> 01:54:44,804 to, you know, building department review and code compliance. 987 01:54:49,142 --> 01:54:49,142 yes. So for instance, the building department provided the 988 01:54:53,514 --> 01:54:53,514 following information or comments. So comm check compliance 989 01:54:58,318 --> 01:54:58,318 documentation submitting a comm check report demonstrating compliance with section c4o 990 01:55:07,661 --> 01:55:07,661 31.1.3 of the 2025 energy conservation construction code of new york state as part of 991 01:55:13,366 --> 01:55:13,366 the building permit application . >> yeah that's part of it. 992 01:55:17,504 --> 01:55:17,504 that's that's that's my actually my architect is the person who's going to be doing 993 01:55:23,744 --> 01:55:27,414 that. Very good. We go through the plans and what he's going to be doing that okay and similarly there are other comments you know 994 01:55:34,220 --> 01:55:34,220 about accessible routes this primary function area access through the storage area is not 995 01:55:39,226 --> 01:55:39,226 permitted and in the if you look into a new set of drawings that I provide about that 996 01:55:46,767 --> 01:55:46,767 comment, I don't know if you still one do you have the other one that I provide my I don't 997 01:55:54,708 --> 01:55:54,708 see the that that storage area has already the separate wall to okay yeah the partition that 998 01:56:03,584 --> 01:56:03,584 we're going to do okay and yeah is I don't see it in this one but we provide that already to 999 01:56:10,524 --> 01:56:10,524 the to the building. >> yeah yeah this one right here it doesn't show the wall 1000 01:56:15,629 --> 01:56:15,629 right there in the back but the other said the drawings that we provide to the city it has to 1001 01:56:22,369 --> 01:56:26,305 one okay so in other words when you walk all the way to the back to the exit of the store you you have a wall in there, there's a wall it's wall to wall and also the storage is 1002 01:56:33,347 --> 01:56:33,347 going to have a door. >> do you have to have determined I mean let me say 1003 01:56:43,457 --> 01:56:43,457 this it we will what we can do because the project is going to require a public hearing. 1004 01:56:49,062 --> 01:56:49,062 yeah. So we'll ensure that we have those plans available to show 1005 01:56:55,502 --> 01:56:55,502 both to the public and to the board as part of the public hearing. 1006 01:56:59,807 --> 01:57:01,408 >> okay. Okay. No problem there beyond that, you know fire alarm that has a horns and a stroke. >> yeah. 1007 01:57:05,313 --> 01:57:05,313 we also I also provide the new set of drawings and with all those alarms and strobes and 1008 01:57:12,586 --> 01:57:12,586 everything that they required then the restroom door clearance compliance, the fire 1009 01:57:16,957 --> 01:57:16,957 resistance requirement. Yes. Or wall penetrations the 1010 01:57:21,295 --> 01:57:21,295 accessible dining services required plumbing fixtures, foreign fixtures separate mep 1011 01:57:27,801 --> 01:57:27,801 permits. Okay. Okay. 1012 01:57:32,005 --> 01:57:35,576 >> we wanted to be sure that you were aware of those and you're prepared to comply. >> yeah. Mr. Bellinger yeah. I have a quick question. 1013 01:57:38,812 --> 01:57:38,812 are you going to expand the kitchen so kitchen's going to remain the same fire 1014 01:57:44,151 --> 01:57:44,151 suppression system in the kitchen will remain the same. Yes. 1015 01:57:51,425 --> 01:57:51,425 the only thing is the seating as we show and the plans want the one on the left is the 1016 01:57:58,532 --> 01:57:58,532 kitchen and the one that is empty is the store that used to be the tailor and that's the 1017 01:58:04,572 --> 01:58:04,572 one we use him for there and he's not going to be no opinions in the kitchen area. 1018 01:58:09,110 --> 01:58:09,110 >> okay. So no fire the fire will be is all prevention ready? 1019 01:58:13,581 --> 01:58:13,581 >> hopefully there'll be no, no, no. >> that was one of the comments 1020 01:58:18,285 --> 01:58:18,285 of the fire department. >> we we we told them that we don't we're going to have any 1021 01:58:23,457 --> 01:58:25,026 opening in the kitchen area. >> okay? Okay. Thank you. >> did you see any any other questions from the board? 1022 01:58:30,330 --> 01:58:32,133 no. No. All right then I will schedule a public hearing for this project for may 20th of this year. 1023 01:58:37,505 --> 01:58:39,306 >> thank you. Great. Thank you very much. I'll get you the notice and the signage that needs to be placed. 1024 01:58:42,509 --> 01:58:44,211 okay. You'll hear from us tomorrow. Thank you. All right. >> have a great evening. Thank you. 1025 01:58:46,814 --> 01:58:46,814 have a good thank you. Thank you for your patience. >> thank you. 1026 01:58:51,385 --> 01:58:51,385 next next up we have case number 2532 donkor at 14 earth stone circle, scarsdale and the 1027 01:59:01,295 --> 01:59:01,295 applicant is seeking a wetland watercourse permit. >> the applicant approach the 1028 01:59:08,637 --> 01:59:08,637 the podium. >> good evening. Good evening. 1029 01:59:15,342 --> 01:59:15,342 >> can you present the application yet? >> so this is a renovation 1030 01:59:24,552 --> 01:59:28,390 project. There's an existing vinyl and a pool and we're proposing putting in ground and a pool in its place. >> let me just pull up the 1031 01:59:32,794 --> 01:59:36,664 drawings before you identify yourself. >> yeah, absolutely. I'm the I work for the pool company. >> my name is henry gonzalez 1032 01:59:39,967 --> 01:59:43,304 and I'm the permit administrator. And of course the name of the pool company pool company is called cool pool. >> okay. 1033 01:59:47,108 --> 01:59:47,108 so here's the drawing which shows the pool e stockpile soil area erosion control measures 1034 01:59:57,818 --> 01:59:57,818 and sit essentially like the construction vehicle or pad for for cleaning off the tires for 1035 02:00:07,161 --> 02:00:07,161 access into the site off the driveway. So this is her. 1036 02:00:11,699 --> 02:00:11,699 so in circle this is the driveway and the access point would come off that it'd be 1037 02:00:17,438 --> 02:00:17,438 protected on both sides and that's how they would enter in to construct the pool. 1038 02:00:24,879 --> 02:00:24,879 there are some stormwater management units that call tech units to handle because there 1039 02:00:31,753 --> 02:00:31,753 is going to be a patio surrounding the pool so they have to accommodate that runoff 1040 02:00:35,957 --> 02:00:35,957 and those contacts are designed to manage how many or storm? >> oh 100. 1041 02:00:45,232 --> 02:00:48,136 we were actually reviewing that in house. Yeah. So let me just pan over to that because matt and I did did look this over. 1042 02:00:54,576 --> 02:00:54,576 bear with me just for a second. >> so the 25 year storm event requires which is a 6.4in 1043 02:01:05,787 --> 02:01:05,787 rainfall over a 24 hour period requires that the units be designed for three, four, 327 1044 02:01:17,031 --> 02:01:17,031 cubic feet required storage. >> the applicant as designed the units to accommodate 351 1045 02:01:24,272 --> 02:01:24,272 cubic feet of storage so they exceed the 25 year storm event. So they they meet to meet and 1046 02:01:33,882 --> 02:01:33,882 exceed. I don't know that it rises to the next storm event which is 1047 02:01:39,521 --> 02:01:39,521 the 50 year but it certainly exceeds the 25 year rate. And does does this application 1048 02:01:44,325 --> 02:01:44,325 require any variances? >> yeah for in permeability. Okay. 1049 02:01:48,863 --> 02:01:51,299 could you walk us through the variances? >> yeah. So the existing is 25% and the proposed is a little over 28% 28.366% which is about 1000ft2 1050 02:02:00,275 --> 02:02:00,275 more right. >> so this was and is there how much of the patio would have to 1051 02:02:08,383 --> 02:02:08,383 be removed for this application to be currently to be compliant or is the patio is the patio 1052 02:02:15,523 --> 02:02:15,523 existing or is the patio being added? >> I think already as her home 1053 02:02:20,695 --> 02:02:24,199 stands she's not in you know I think she bought something that's not in oh it's already over. >> yeah she has a really big front driveway that takes up a 1054 02:02:30,972 --> 02:02:30,972 lot of square and if you guys kind of the 20 8% proposed and 25% permitted I'm going to see 1055 02:02:37,578 --> 02:02:37,578 if we can pull up what exists. So I'm just going to look at that real quick. 1056 02:02:43,151 --> 02:02:43,151 okay. >> so the memo doesn't indicate I mean just see if the 1057 02:02:55,063 --> 02:02:55,063 application do on the cover memo on number nine on page four at the last sentence talks 1058 02:03:05,840 --> 02:03:05,840 about the variance from 25% to 28 point three. >> correct. 1059 02:03:10,145 --> 02:03:10,145 but it doesn't indicate the what the existing coverage or impervious sorry impervious 1060 02:03:16,585 --> 02:03:20,522 coverage is. I'm just going to try and look that up. >> and matt, if you know offhand, feel free. I guess the question is is you 1061 02:03:24,292 --> 02:03:24,292 know and I do think it'd be relevant if the property as it exists is is not compliant with 1062 02:03:32,367 --> 02:03:32,367 the code or if it's if you were to the very end there and yes, so it exists at 26.33 which is 1063 02:03:38,807 --> 02:03:38,807 just so it's already it's already not code compliant and this is adding so if it's 1064 02:03:46,615 --> 02:03:46,615 currently 26 and it's going to 28 and just adding about 2% correct that but but no no 1065 02:03:53,455 --> 02:03:53,455 amount of the patio being scaled back would would bring it into compliance. 1066 02:04:01,063 --> 02:04:04,566 >> correct. Okay. So are there any other questions from the board? Could could you use pervious stones on the patio? 1067 02:04:12,274 --> 02:04:12,274 I know the customer would like to use marble if there's a system that exists that your 1068 02:04:21,149 --> 02:04:21,149 township approves as permeable and so so we don't actually permit permeable surface to 1069 02:04:27,422 --> 02:04:27,422 apply it would not you can't bring that percentage down it would still be calculated at 1070 02:04:33,995 --> 02:04:33,995 28.36 but nevertheless it would have the effect. >> so maybe this board tonight 1071 02:04:41,570 --> 02:04:41,570 could can potentially consider issuing a recommendation to the zoning board and then 1072 02:04:49,077 --> 02:04:49,077 ultimately come back. But if there is a marble surface that is porous, you 1073 02:04:58,954 --> 02:04:58,954 know that may be something that the board recommends for you to consider and look into as you 1074 02:05:04,259 --> 02:05:04,259 move into the zoning variance and it wouldn't change your need to seek a variance but it 1075 02:05:11,367 --> 02:05:11,367 would make it more favorable make it more favorable just from an impact perspective. 1076 02:05:18,373 --> 02:05:18,373 >> are there any other questions from the board so we have an opportunity to make a 1077 02:05:25,881 --> 02:05:25,881 recommendation to the zba on this variance. My my instinct is that this is 1078 02:05:32,521 --> 02:05:32,521 a classic neutral recommendation especially considering that no amount of 1079 02:05:37,393 --> 02:05:37,393 reduction would would bring this into compliance and the site is is not code compliant 1080 02:05:45,201 --> 02:05:45,201 as it currently exists. >> so everyone everyone agrees so then I will entertain a 1081 02:05:52,174 --> 02:05:52,174 motion to direct staff to prepare a recommendation to the zba for a neutral 1082 02:05:56,979 --> 02:05:56,979 recommendation on the one variance. >> can we put something in 1083 02:06:01,484 --> 02:06:01,484 there about those surface? >> yeah about encouraging permeable surface. 1084 02:06:08,190 --> 02:06:08,190 yeah yeah we can certainly do that if it's the board's desire. 1085 02:06:12,227 --> 02:06:12,227 >> yes please. So I will entertain a motion. >> so move, move. 1086 02:06:16,265 --> 02:06:16,265 mr. Killinger, may I? Oh, the surface as it exists has no perimeter drain to it. 1087 02:06:26,175 --> 02:06:29,879 right. And so what you have currently is running off as you guys know not you know, not into it perimeter drain. And so if we're proposing a 1088 02:06:35,318 --> 02:06:35,318 marble surface it would almost seem as though it would be beneficial because it would 1089 02:06:42,825 --> 02:06:46,428 direct the water to a cold chamber which is I think better. >> I'm not you know, I'm not an expert on the subject but we're not disagreeing with that part. 1090 02:06:49,998 --> 02:06:49,998 >> but the concern we have is that if you can look into something still the marble that 1091 02:07:00,709 --> 02:07:00,709 can potentially absorb some of the water in addition to the cold tech that's what we're 1092 02:07:06,181 --> 02:07:06,181 asking for. So the way it is right now everything just runs off. 1093 02:07:10,352 --> 02:07:10,352 you are adding the cold tech thank you very much. But if you could look into 1094 02:07:15,290 --> 02:07:15,290 something that is a little more uh that can be penetrate as far as the water flow that would be 1095 02:07:22,498 --> 02:07:22,498 helpful and we're not we're not mandating impermeable surface. >> we're just encouraging you 1096 02:07:27,169 --> 02:07:27,169 to inquiry investigate it. Okay, great. >> is this next to a wetlands 1097 02:07:34,410 --> 02:07:34,410 buffer? Is this wetlands buffer? No, it's a watercourse. 1098 02:07:38,681 --> 02:07:38,681 it's a watercourse and are there any plans to protect that watercourse during the dirt 1099 02:07:45,621 --> 02:07:49,591 instructing the pool could you point out the watercourse on the plans? >> yeah. >> so yeah, the whole job is basically within the you know 1100 02:07:56,332 --> 02:08:00,169 within the 100 foot buffer, right? >> so if you see on the drawing here denoted as a brook and it's running along the side yard here and during the course 1101 02:08:08,377 --> 02:08:08,377 of construction they have the silt fence wrapping the entire area so that the water source 1102 02:08:15,418 --> 02:08:15,418 is protected during the course of work and they won't be working outside of everything 1103 02:08:19,923 --> 02:08:23,493 would be contained within this silt area, right? Yeah. Including their including their access you know into the property off the driveway not 1104 02:08:33,302 --> 02:08:33,302 make a comment. Town planner britton did you have a comment? 1105 02:08:43,680 --> 02:08:43,680 no sorry. The owner of the site sent the chair in the zoom meeting 1106 02:08:52,321 --> 02:08:52,321 asking how he was not compliant and he's he's got it. Thank you. 1107 02:08:57,760 --> 02:08:59,429 all right. So then we'll let's try this again. So I will entertain a motion to direct staff to draft a neutral recommendation to the zba on 1108 02:09:08,537 --> 02:09:08,537 the one area variance including language about encouraging the applicant to investigate 1109 02:09:13,676 --> 02:09:13,676 permeable surface options for the patio. So moved moved mr. Weinberg 1110 02:09:21,017 --> 02:09:21,017 second second mr. Bellenger on favor I chair votes I thank you thank you. 1111 02:09:26,523 --> 02:09:26,523 >> yeah. All right we doing a long time okay next up we have case 1112 02:09:33,629 --> 02:09:33,629 number 2507 zamudio 32 central park avenue north po hartsdale the applicant is seeking a site 1113 02:09:43,707 --> 02:09:43,707 plan a planning board steep permit, a tree removal permit and a landscape buffer waivers 1114 02:09:48,711 --> 02:09:48,711 request. >> good evening again. Good evening again. 1115 02:09:52,782 --> 02:09:52,782 mr. Yes I'm not here of my architects not here tonight but as much as I can I could answer 1116 02:10:00,957 --> 02:10:00,957 two questions. >> um yeah so I'm just going to pull up the plan and if you 1117 02:10:08,765 --> 02:10:08,765 could walk the board through the proposal that would be helpful. 1118 02:10:12,903 --> 02:10:12,903 >> I can assist with I mean it is I mean for the last year we've been working with with 1119 02:10:20,143 --> 02:10:20,143 arron and his department. >> um, we fixed all the comments we've been making 1120 02:10:27,684 --> 02:10:27,684 through the year. >> I actually I have I don't know if you the members of the 1121 02:10:31,889 --> 02:10:31,889 board so the that they were here a year ago I don't know if you do well some of us 1122 02:10:37,861 --> 02:10:37,861 somewhere some yeah I think somewhere go ahead that's the plan yeah we should send out 1123 02:10:43,333 --> 02:10:43,333 the recording from that last meeting. Yeah we can do it so mrs. 1124 02:10:52,142 --> 02:10:52,142 amodeo, if you could just speak to well mr. Tomorrow's pulling out the model just about what's 1125 02:11:01,284 --> 02:11:04,988 in vision for the site because right now it's just a blank slate. >> it's an empty parcel of land right now 32 north central. And our vision is five small 1126 02:11:14,398 --> 02:11:14,398 shops and I mean basically we've already changed the the plans through the year trying 1127 02:11:26,376 --> 02:11:26,376 to uh accommodate with all the comments that we've been here through the whole year this is 1128 02:11:34,717 --> 02:11:34,717 now and instead of ten is to have parking spaces before the west end for that we came to to 1129 02:11:40,457 --> 02:11:40,457 the meeting and the solar panels I mean we did through the whole year so many changes 1130 02:11:47,698 --> 02:11:47,698 but yeah so let me just fill in a few of the blanks. So the project does involve a 1131 02:11:58,542 --> 02:11:58,542 site plan planning board steep permit because there are some slopes into this site rising up 1132 02:12:05,983 --> 02:12:05,983 from central park avenue to the property to the rear as well as tree removal permit application 1133 02:12:13,424 --> 02:12:15,759 . There are a few trees over the years that have grown to the size of meeting the regulated regulations of the town and then there are landscape buffer 1134 02:12:22,966 --> 02:12:22,966 waivers requested by the applicant in connection with the proposal which is to 1135 02:12:29,340 --> 02:12:29,340 construct a new multi-tenant commercial building on this vacant lot as was mentioned, 1136 02:12:35,646 --> 02:12:35,646 the building as noted would be split into five separate tenants spaces in total 1137 02:12:40,150 --> 02:12:40,150 approximately 4116ft2 of gross floor area. >> the building as designed 1138 02:12:50,427 --> 02:12:50,427 would require or requires 27 off street parking spaces and the applicant has prepared the 1139 02:12:55,633 --> 02:12:55,633 plans as they mentioned to provide for 12 off street parking spaces and they've 1140 02:13:02,739 --> 02:13:02,739 prepared an analysis of off site parking availability within the vicinity of the 1141 02:13:07,511 --> 02:13:07,511 site. The applicant, as mentioned is now as part of the review 1142 02:13:15,186 --> 02:13:19,056 process with not only initial comments issued by the planning board but also and will distribute the meet the video link to the prior meeting that the board had on this 1143 02:13:26,296 --> 02:13:30,034 application. >> but the applicant now proposes to install sole solar panels on the roof of the proposed building. As I mentioned there is steep 1144 02:13:35,004 --> 02:13:35,004 disturbance. There's going to be approximately 1500 cubic yards 1145 02:13:41,144 --> 02:13:41,144 of excavation because it does up from the road. >> they would be putting in a 1146 02:13:46,049 --> 02:13:46,049 retaining wall on essentially three sides of the property the the north, the south and the 1147 02:13:53,257 --> 02:13:53,257 east. The building inspector there's no important fill coming on to 1148 02:14:00,798 --> 02:14:00,798 the site at all and export in terms of variances. The building inspector 1149 02:14:06,637 --> 02:14:06,637 identified a total of 16 variances required in connection with the project. 1150 02:14:15,145 --> 02:14:15,145 in a memorandum dated april 21st 2026 and also identified that landscape buffer waivers 1151 02:14:22,220 --> 02:14:22,220 would be required from the planning board for the side yard both side yards and the 1152 02:14:30,527 --> 02:14:30,527 rear yard as well as a landscape buffer between residential and nonresidential 1153 02:14:34,698 --> 02:14:34,698 uses. So this being a nonresidential use and then to the rear is a 1154 02:14:39,871 --> 02:14:39,871 residential use coincidentally the residential use to the rear is the applicant's single 1155 02:14:45,977 --> 02:14:45,977 family home. >> this and I actually had a quick question about that was 1156 02:14:52,950 --> 02:14:52,950 were these two properties at some point combined and were they later subdivided? 1157 02:14:58,356 --> 02:14:58,356 yes. And when did that subdivision occur and like in 2010 or 11 1158 02:15:05,563 --> 02:15:05,563 something that was requested that was before you built the home? 1159 02:15:09,634 --> 02:15:09,634 >> correct. Or is it? >> I think I did I think it was 1160 02:15:14,939 --> 02:15:17,909 after years. Okay. >> it was after and I guess what was was the house approvede lot. >> yes. 1161 02:15:24,526 --> 02:15:24,526 requirements that was one of the requirements a lot and now the subdivision and basically 1162 02:15:29,865 --> 02:15:29,865 backed out of yeah they we don't they don't give the subdivision if you the house 1163 02:15:38,040 --> 02:15:38,040 don't have the yeah right so they had to show as part of the subdivision that the house 1164 02:15:42,177 --> 02:15:42,177 would meet comply with comply with the lot if it was subdivided okay which they were 1165 02:15:47,082 --> 02:15:47,082 able to do so also so this lot didn't apply to the lot and bulk requirements of the house 1166 02:15:54,323 --> 02:15:54,323 and then was later subdivided right yeah so the value and after that we we intend to do a 1167 02:16:01,231 --> 02:16:01,231 medical offices there and we got a proof of that a few years ago but we couldn't go through 1168 02:16:09,304 --> 02:16:09,304 because of covid and of what happened at the time but right now this is the project that we 1169 02:16:16,945 --> 02:16:20,116 try to see if we can go through it. >> and are you familiar with and perhaps mr. Weinberg as a member of the committee can share some perspective but are 1170 02:16:24,721 --> 02:16:24,721 you familiar with the ongoing four corners rezoning study? >> yes. 1171 02:16:32,862 --> 02:16:32,862 yes. This this actually would try to, you know, come together 1172 02:16:37,032 --> 02:16:37,032 with the what is planned for four corners but I mean for the last time that we discussed 1173 02:16:47,176 --> 02:16:47,176 four corners what, like five, six years ago and again they coming back to see if they can 1174 02:16:51,480 --> 02:16:51,480 do something with four corners so hopefully our project will be one of the first four four 1175 02:16:57,186 --> 02:17:00,323 corners. >> okay. I also have some comments I believe was for the law department something that do you have any of that? 1176 02:17:07,329 --> 02:17:07,329 I'm not sure what they're talking about but no, no, no. >> it was just a comment but it 1177 02:17:13,603 --> 02:17:13,603 it was maybe not related with the construction. I don't know what it was. 1178 02:17:18,274 --> 02:17:18,274 deputy commissioner schmidt for the edification of the board, could you give us a high level 1179 02:17:23,245 --> 02:17:23,245 overview of sort of what the four corners committee is currently studying and how how 1180 02:17:27,751 --> 02:17:27,751 this might fit into the vision of that committee? Yes. 1181 02:17:34,390 --> 02:17:34,390 so and mr. Weinberg can certainly fill in any blanks um just in light of the fact that 1182 02:17:39,395 --> 02:17:42,999 we do have another application, I'm going to move through this quickly and then just for the boards information from a procedural standpoint being that there is site plan and 1183 02:17:50,306 --> 02:17:50,306 other approvals required through the planning board but then a number of variance is 1184 02:17:55,111 --> 02:17:55,111 required by the zoning board. >> the project does qualifies unless that action so from a 1185 02:18:01,885 --> 02:18:01,885 seeker standpoint it's recommended that the board consider carrying out a 1186 02:18:06,656 --> 02:18:06,656 coordinate aided review with the zoning board when when that is the route that's taken and 1187 02:18:14,264 --> 02:18:14,264 there are two agencies, two or more agencies involved one of the agencies seeks to be the 1188 02:18:20,603 --> 02:18:20,603 lead agency to carry out all environmental reviews with respect to the project and then 1189 02:18:26,409 --> 02:18:29,412 that's distributed to the other agencies. It's recommended in this project due to the approvals before required before the planning board that the 1190 02:18:35,785 --> 02:18:35,785 planning board declare its intent to serve as lead agency . 1191 02:18:40,757 --> 02:18:40,757 if that's actions taken tonight staff would distribute the planning board's notice of 1192 02:18:45,128 --> 02:18:45,128 intent to the other agencies. There would be a 30 day window for any objections and then 1193 02:18:52,635 --> 02:18:52,635 this project would come back before the board for another full on work session to really 1194 02:18:57,240 --> 02:18:57,240 dive into it given that we're a little pressed for time tonight. 1195 02:19:01,511 --> 02:19:05,248 >> so I just wanted to touch on that with yeah. So just to give everyone a little bit of comfort that we're not trying to just speed through this here tonight. 1196 02:19:09,052 --> 02:19:09,052 we'll certainly be back before. >> so with respect to the four corners I did have a brief 1197 02:19:15,392 --> 02:19:19,362 meeting with commissioner you came this afternoon and he gave me some slides. The area outlined in red on the attachment is the four corners study area. 1198 02:19:26,836 --> 02:19:26,836 the parcel that this board is looking at in connection with this project is one of the 1199 02:19:34,544 --> 02:19:34,544 perimeter properties which is right down here on the right hand side of the screen it is 1200 02:19:40,651 --> 02:19:40,651 this 10,001 10,019 square foot parcel. Okay. 1201 02:19:44,854 --> 02:19:44,854 so right on the periphery of the study area for the four corners draft overlay zoning in 1202 02:19:53,830 --> 02:19:53,830 connection with what is currently proposed there are three tiers and basically 1203 02:20:02,038 --> 02:20:02,038 that's broken down into the minimums square footage required for development under 1204 02:20:07,010 --> 02:20:07,010 the proposed overlay zone the lowest tier or tier one requires a minimum of 16,000ft2 1205 02:20:16,954 --> 02:20:16,954 as currently envisioned and proposed. This therefore this lot on its 1206 02:20:22,058 --> 02:20:22,058 own which is a hair over 10,000ft2 would not meet this minimum and therefore in order 1207 02:20:29,399 --> 02:20:29,399 to develop under the overlay zone I would likely have to combine with an adjacent parcel 1208 02:20:33,669 --> 02:20:33,669 in order to meet that and we'll get to that quickly. So I just wanted the board to 1209 02:20:38,675 --> 02:20:38,675 understand that this parcel on its own would not meet the minimum requirements and there 1210 02:20:44,280 --> 02:20:47,650 are some other parcels. >> this isn't one outlier parcel. >> we'll speak to that briefly so just showing that tier one as as identified minimum lot 1211 02:20:55,258 --> 02:20:55,258 area of 16,000ft2 we identify parcels and there happens to be the next door parcel that's 1212 02:21:02,598 --> 02:21:02,598 also undersized that parcel is developed okay that's 7800 and square feet and change. 1213 02:21:09,306 --> 02:21:09,306 there are other parcels on the northerly side that are also under the 16,000ft2 and then 1214 02:21:16,881 --> 02:21:16,881 there's some other parcels scattered throughout the study area that do not quite meet the 1215 02:21:23,754 --> 02:21:23,754 minimum lot size. However um oh the other thing it does stay on here and we can 1216 02:21:32,596 --> 02:21:36,300 get into a little more detail on this at a future time but indicates that there are four sites that can opt in okay and those are in the yellow this 19,602 the 26 572 the 77 1217 02:21:46,876 --> 02:21:46,876 thousand 972 and the 2429 the reason why the the parcels that have the brown shading on them 1218 02:21:57,454 --> 02:21:57,454 are not included is because they're envisioned for more dense development in a higher 1219 02:22:04,962 --> 02:22:04,962 tier through likely consolidation of lots so it's envisioned to be most dense and 1220 02:22:12,336 --> 02:22:12,336 most stories in the most max build out right at the four corners and then as it as you 1221 02:22:18,475 --> 02:22:18,475 spread out from the four corners less dense, less height things of that nature that's 1222 02:22:24,515 --> 02:22:24,515 what's envisioned in terms of the tier one four stories this what this graphic depicts is if 1223 02:22:34,758 --> 02:22:34,758 parcels were combined they could meet the minimum requirement of 16,000ft2. 1224 02:22:41,098 --> 02:22:41,098 so I mentioned the two parcels on the northern side were ten and 15 roughly. 1225 02:22:47,972 --> 02:22:47,972 if they were combined together they would hit that 25 to 65 and then meet the minimum lot 1226 02:22:54,745 --> 02:22:54,745 area for tier one. Similarly the applicant's property at roughly 10,000ft2 1227 02:22:59,283 --> 02:22:59,283 and its neighboring property at 7800 or so if they happen to be combined to the 1760 they would 1228 02:23:07,391 --> 02:23:07,391 meet the minimum lot size requirement of 16,000ft2 for the tier one which would permit 1229 02:23:16,500 --> 02:23:16,500 up to four storeys with the fourth fourth storey recessed so that you don't have that 1230 02:23:23,841 --> 02:23:23,841 impact on the jason properties that are outside the the study area. 1231 02:23:31,248 --> 02:23:31,248 okay. And basically you would uh through this combination of of 1232 02:23:39,156 --> 02:23:39,156 properties that are undersized you could increase the potential development of 1233 02:23:43,393 --> 02:23:43,393 parcels from four which were previously outlined up to eight sites. 1234 02:23:48,065 --> 02:23:48,065 >> okay. Um I'm going to brief breezed through this this was a 1235 02:23:55,005 --> 02:23:55,005 conceptual rendering. Okay so actually to the left is heading north and to the right 1236 02:24:01,879 --> 02:24:01,879 is heading south along central park avenue east towards dale going down to the train station 1237 02:24:06,784 --> 02:24:06,784 is in this direction and then west hartsdale up the hill and into the adjacent community is 1238 02:24:11,021 --> 02:24:11,021 down a page down the parcel that we are reviewing under this application is this 1239 02:24:18,429 --> 02:24:18,429 undeveloped parcel shown with my cursor and some trees on. >> okay. 1240 02:24:23,868 --> 02:24:23,868 hope that was helpful. >> I know it was a speedy review but mr. Weinberg if you 1241 02:24:31,242 --> 02:24:31,242 have anything to add to it just briefly when aaron mentions an overlay overlay district you 1242 02:24:38,049 --> 02:24:38,049 would have to opt in so you elected not to opt in by you know, joining with the 1243 02:24:45,889 --> 02:24:45,889 adjoining property so you're over 16,000ft2. Yeah your zoning stays the same 1244 02:24:52,229 --> 02:24:54,331 . You know none of this would apply to you unless you affirmatively opt in to this overlay plan and that's okay. Have you had any conversations 1245 02:25:01,872 --> 02:25:01,872 with your adjacent neighbor about joining forces or no really he's really he has I 1246 02:25:09,213 --> 02:25:09,213 believe three stores and they they have invited so I ask him and I believe they he has a 1247 02:25:17,688 --> 02:25:17,688 phone number and he told me he has a contract for the next few years so basically what I want 1248 02:25:24,128 --> 02:25:24,128 to do with this project is just to do just one store for two small stores for for that 1249 02:25:30,668 --> 02:25:30,668 corner that is coming up if I join him I had to build maybe four I can build four stores 1250 02:25:36,006 --> 02:25:36,006 but that's not my intentions. But I know I said we just want to, you know, help the 1251 02:25:40,378 --> 02:25:40,378 community for this small stores that if they do all their construction based on size and 1252 02:25:46,584 --> 02:25:46,584 setbacks these little stores in that section might disappear because I don't think the the 1253 02:25:53,591 --> 02:25:53,591 builder who's going to do those dwellings he's going to just bully the stores and the bottom 1254 02:25:58,829 --> 02:25:58,829 he might going to be just one big store or maybe a restaurant or something. 1255 02:26:03,234 --> 02:26:03,234 >> but this little store is basically for the community that is in castle avenue like 1256 02:26:07,872 --> 02:26:07,872 you know small and do you have you been in contact with any potential tenants or is this on 1257 02:26:15,512 --> 02:26:16,948 ? >> yes. Okay. Yes, I did. Yeah, I have a used to be dunkin donuts across the street 1258 02:26:22,854 --> 02:26:24,856 and now he's in the in the south side. Yeah. And I mentioned him I he likes the location because he says that he will actually traffic 1259 02:26:30,127 --> 02:26:30,127 going to white plains so he would like to have he would like to look at it once I get a 1260 02:26:35,166 --> 02:26:35,166 proof at this point he told me he's interested in okay I have another person that is 1261 02:26:42,073 --> 02:26:42,073 interested but again everything is based on approval is on okay, sure. 1262 02:26:47,177 --> 02:26:50,948 >> and have you submitted to the zba yet or are you waiting to submit to the zoning board for the for the variance? >> yes, yes, yes we did that. No, I won't be somebody I know 1263 02:26:57,154 --> 02:26:57,154 you've worked with miss jones on the application but I don't know if you formally submitted. 1264 02:27:02,060 --> 02:27:02,060 >> you mean the four do so in connection so you previously on the former application went to 1265 02:27:10,134 --> 02:27:10,134 the zoning board and were successful. Yes. 1266 02:27:14,138 --> 02:27:14,138 in obtaining you know, multiple variances. Now under this proposal you 1267 02:27:20,311 --> 02:27:20,311 require a number of variance. Yes as well and I know you've spoken with miss jones, the 1268 02:27:24,983 --> 02:27:24,983 secretary of the zoning board but I was not 100% sure if you filed the paperwork yet. 1269 02:27:32,858 --> 02:27:36,728 okay. So that's something that you'd be working on. That's something that I believe market that would know better than me. >> and the point is if if we as deputy commissioner schmidt mentioned, we'll have to vote 1270 02:27:43,334 --> 02:27:43,334 to consider this evening or one vote to consider to be lead agency we won't make 1271 02:27:48,106 --> 02:27:48,106 recommendations on the variances this evening but because you haven't submitted 1272 02:27:52,744 --> 02:27:56,414 to the zba yet if we wait until the next meeting to make those recommendations that wouldn't delay your your process to go in front of the tva. >> oh okay. 1273 02:28:03,922 --> 02:28:06,758 so that was just first for the board's information we would encourage you to work with your architect. The filing deadline is always the 15th of the month. 1274 02:28:11,295 --> 02:28:14,666 so I mean that's coming up quickly. It might take some time and there is you can't just drop off the sets on the 15th. You have to have a 1275 02:28:21,973 --> 02:28:21,973 pre-submission review with miss jones if you can reach out to our office tomorrow, we'll walk 1276 02:28:25,978 --> 02:28:25,978 you through that. So you may or may not hit the 15th of may. 1277 02:28:30,048 --> 02:28:30,048 if you don't that's okay. You would probably hit the 15th of june and then potentially be 1278 02:28:36,455 --> 02:28:39,924 on in july with the zoning board that would give this board some additional time. Clearly there's a 30 day window if the board declares its intent to serve as lead agency 1279 02:28:46,932 --> 02:28:46,932 following tonight, then we would have you back go into much more depth of this plan 1280 02:28:51,336 --> 02:28:55,306 with your architect present because we didn't even talk about stormwater management or manscaping of that nature. So we'll continue to work with you and feel free to reach out 1281 02:29:02,081 --> 02:29:02,081 to us tomorrow, okay? >> okay great. >> then I will entertain a 1282 02:29:06,785 --> 02:29:06,785 motion to declare the planning board's intent to serve as lead agency or secret review of this 1283 02:29:13,925 --> 02:29:17,663 project. >> mr. Philander so second ms. Robinson all in favor? I chair votes. >> I thank you. Have a good evening and we'll 1284 02:29:24,870 --> 02:29:24,870 we'll coordinate with staff on on when we'll schedule you to return. 1285 02:29:29,674 --> 02:29:29,674 >> yeah thank you. The last case of the evening case number pb 1526 neurol girl 1286 02:29:36,414 --> 02:29:36,414 at 14 castle lock pond scarsdale the applicant is seeking a preliminary 1287 02:29:43,622 --> 02:29:43,622 subdivision, a planning board, steep permit and a tree removal permit. 1288 02:29:48,093 --> 02:29:51,997 >> thank you for your for your patience this evening and good evening. >> good evening. How could I share my screen? >> sure I'll take down mine 1289 02:29:57,069 --> 02:30:00,573 only just because I have no swimming pool to get through things. >> are you in the zoom? Yes. Okay. 1290 02:30:02,274 --> 02:30:02,274 sure. Go for it to to save time while he's doing that. 1291 02:30:18,124 --> 02:30:21,393 >> yeah. Please just turn on this architect and if you can just speaking to the microphone j.b hernandez architect for the project chris isaac engineer 1292 02:30:27,999 --> 02:30:27,999 this project has been around for a while and we've been working with the staff for a 1293 02:30:35,441 --> 02:30:35,441 while now. It's a 2.26 acre of castle walk on four hill road of four, hill 1294 02:30:43,615 --> 02:30:43,615 road is an r 20 sony district and we were trying to create three lots bulk regulations 1295 02:30:52,057 --> 02:30:52,057 compliance all of it and we can talk about engineering. Yeah. 1296 02:31:00,098 --> 02:31:00,098 okay. Thank you chairman members of the board chris I I'm the civil 1297 02:31:06,104 --> 02:31:06,104 engineer for the project. I took it over about a year ago from parvati who started it and 1298 02:31:10,843 --> 02:31:10,843 and got to this point so but I feel pretty well versed in it so just I thought maybe we'd 1299 02:31:18,084 --> 02:31:18,084 start talking about the property itself a little bit so the property is bordered by on 1300 02:31:25,523 --> 02:31:25,523 the bottom part of the property the easterly side by our commercial property. 1301 02:31:29,895 --> 02:31:29,895 that property front on central avenue. So basically to orient you 1302 02:31:34,066 --> 02:31:34,066 central avenue runs basically parallel with the bottom of the paper that property that wraps 1303 02:31:40,572 --> 02:31:40,572 around to the southerly portion of our property so we're basically bordered to the south 1304 02:31:45,477 --> 02:31:45,477 and to the east by a commercial property above us are three residential properties that sit 1305 02:31:52,318 --> 02:31:52,318 up basically on a plateau above this property basically come off of that road the property 1306 02:32:00,526 --> 02:32:00,526 line there's a down to our property and then our property slopes towards central avenue. 1307 02:32:04,630 --> 02:32:04,630 so all the drainage slopes towards central avenue there is an existing right of way which 1308 02:32:09,568 --> 02:32:09,568 I highlighted in yellow that goes through this property and then feeds down into the 1309 02:32:18,511 --> 02:32:18,511 commercial property and you could see at the bottom of the sheet I highlighted green that 1310 02:32:25,017 --> 02:32:25,017 is an existing sewer that we're going to connect to. So our designs will tie into 1311 02:32:31,089 --> 02:32:31,089 that. There's also the yellow line that's on here is an existing 1312 02:32:35,928 --> 02:32:35,928 drainage line which we also utilize. >> the property was occupied by 1313 02:32:44,604 --> 02:32:44,604 a very large existing house that has been removed. The existing driveway on the 1314 02:32:48,873 --> 02:32:48,873 property still remains. When was the house removed? Almost 20 years ago. 1315 02:32:58,384 --> 02:32:58,384 yeah. Yeah I remember I was here. Is it really? 1316 02:33:03,589 --> 02:33:07,260 I'm not honestly I don't know at least I don't think it was that long because the survey shows that the earliest and it was it was demolished quite a bit before this application was 1317 02:33:18,170 --> 02:33:18,170 made and 2015 was the time it was time flies it on uninhabitable or off as it 1318 02:33:24,209 --> 02:33:26,112 turned out it was in pretty poor condition. >> yeah. At the time I recall being able to say okay so as you know it's a three lot subdivision that 1319 02:33:36,255 --> 02:33:36,255 we're proposing. All of it is called compliant as far as dimensional standards 1320 02:33:42,929 --> 02:33:42,929 . We're planning on accessing it with about a 500 foot town to 1321 02:33:48,667 --> 02:33:48,667 be dedicated town right of way with a town design road. So it's got a 26 foot wide car 1322 02:33:55,942 --> 02:33:59,879 way with sewer water and storm. So everything the town standards that gets dedicated to the town the stormwater system which resulted will reside on one of the lots as 1323 02:34:04,584 --> 02:34:04,584 far as the retention system goes that'll be kept to be maintained by the nature way 1324 02:34:13,526 --> 02:34:13,526 that will be for the for the three lots for maintenance in the future as far as utilities 1325 02:34:18,831 --> 02:34:18,831 I highlighted in blue where connected to the existing main just off from the property 1326 02:34:26,939 --> 02:34:26,939 bringing that down through to the end of the cul de sac we're adding two hydrants along with 1327 02:34:31,477 --> 02:34:31,477 that the sewer is a fairly simple system. I highlighted that in green 1328 02:34:38,118 --> 02:34:38,118 there's a three manholes. >> it picks up each of the lots and then that comes down to 1329 02:34:42,488 --> 02:34:42,488 this existing right of way and the down the right of way to the existing sewer mantel down 1330 02:34:47,927 --> 02:34:47,927 down the hill the storm drainage design for the hundred year storm we designed it so 1331 02:34:53,933 --> 02:34:53,933 that each of the lots were each lot is 100 years yeah each so we decided as four different 1332 02:35:04,810 --> 02:35:04,810 elements to each lot independently and then the right away independently all of 1333 02:35:10,015 --> 02:35:13,420 it is designed for the whole year long all of it. >> okay thank you all impervious surfaces are being directed to infiltration systems the infiltration system 1334 02:35:20,326 --> 02:35:20,326 and just prior to the infiltration. So we have a filter system to 1335 02:35:24,463 --> 02:35:27,667 each of the infiltration system. So we go we collect we pipe it to the filter from the filter at the infiltration systems so each of the lots of a separate 1336 02:35:33,106 --> 02:35:33,106 infiltration system our lots we labeled abc working from the right to left of it from the 1337 02:35:40,447 --> 02:35:40,447 left to the right. So so at the end of the cul de sac that lot had ten cold type 1338 02:35:46,318 --> 02:35:46,318 three 30s with a filter the next log over b has five and a filter and c so similarly we 1339 02:35:57,896 --> 02:35:57,896 basically designed the lot to keep the houses as close to the right away as possible but 1340 02:36:03,303 --> 02:36:03,303 still leave us enough room to be able to have the setbacks necessary for the cold tech 1341 02:36:08,308 --> 02:36:08,308 systems and to be able to collect it. And we did that so that we've 1342 02:36:14,147 --> 02:36:17,150 been what is the amount of steep slopes disturbance as far as the road goes? Everything gets collected in a pair of catch basins basically at the low spot which I 1343 02:36:25,124 --> 02:36:25,124 highlight in yellow they run into an infiltration practice with 20 cal tech units and then 1344 02:36:32,264 --> 02:36:32,264 that overflow system comes back and connects to the drainage system in the existing right 1345 02:36:37,670 --> 02:36:37,670 away that goes offsite. So that's the utility system as far as grading goes. 1346 02:36:49,582 --> 02:36:49,582 we designed architecture here that basically fits into the. So basically from the road over 1347 02:36:55,622 --> 02:36:55,622 the goes up so we basically build designed tuck under houses that fit into those 1348 02:37:01,928 --> 02:37:01,928 slopes. We minimize how much yard we had behind. 1349 02:37:06,132 --> 02:37:06,132 we wanted to have some yard for you know, for play areas and so forth basically and then we 1350 02:37:10,737 --> 02:37:10,737 utilize that some walls starting with on lots see we have a two foot eye wall to be 1351 02:37:17,778 --> 02:37:17,778 able to make the grade change a lot be the wall varies from 4 to 8ft behind the house and 1352 02:37:26,620 --> 02:37:26,620 then later we have a basically a small four foot high wall and again all those are just to be 1353 02:37:31,258 --> 02:37:31,258 able to minimize how much we're going into the steep slopes as far as the road goes, the road 1354 02:37:38,598 --> 02:37:38,598 comes off of our from our existing connection out about a 10% but then transitions to 1355 02:37:44,505 --> 02:37:44,505 about an 8% to a low spot basically cut out the elbow where the drains are and then 1356 02:37:51,645 --> 02:37:51,645 it's basically flat through the cul de sac and so and so I did have a quick question about you 1357 02:37:55,916 --> 02:37:58,519 mentioned the existing connection. >> so my my I was able to drive by the site earlier this week and from what I was able to observe there's the the town 1358 02:38:05,659 --> 02:38:05,659 road and then it looked like there was a I'd say less less than good condition roadway 1359 02:38:12,666 --> 02:38:12,666 that I think is beyond the the property that's here in front of us. 1360 02:38:17,870 --> 02:38:17,870 and then there's your property . And so if you were to maintain 1361 02:38:22,075 --> 02:38:25,912 if you were to improve the roadway to town standards for what's on the site plan, what would be the plan to connect from I guess your property to the town road that's that's 1362 02:38:32,386 --> 02:38:32,386 paved there's a stretch that your property does in front. Okay. 1363 02:38:39,525 --> 02:38:39,525 we talked about this because that prior application with mr. Hernandez the so castle walk 1364 02:38:47,401 --> 02:38:47,401 comes and then has an elbow and then there's probably a 2 or 300 foot stretch until you get 1365 02:38:55,142 --> 02:38:55,142 to your so we're improving all of that all the way from where basically to where the where 1366 02:39:00,681 --> 02:39:00,681 the chain is across the road that all gets in. >> so you'll improve and I 1367 02:39:05,919 --> 02:39:08,589 guess you have permission from the property owners to improve. >> well that's in the right of way. There's an easement and potentially right away you know 1368 02:39:19,466 --> 02:39:19,466 well our survey call is where I can get clarification is is your proposed cul de sac in 1369 02:39:24,304 --> 02:39:24,304 roadway going to tie all the way in to existing castle walk or will it stub out because 1370 02:39:32,346 --> 02:39:32,346 then we start so so if you keep the upper basically yeah you see my cursor right there. 1371 02:39:43,457 --> 02:39:47,428 yeah yeah so that's that's the intention is that's where the end of the existing improved castle walk is and we're picking up improvements at that point right so this area just 1372 02:39:51,532 --> 02:39:51,532 beyond where your cursor is is currently unimproved. >> it was approved as part of 1373 02:39:59,507 --> 02:39:59,507 the subdivision and in fact on this plan it says proposed residence you see that? 1374 02:40:06,614 --> 02:40:08,749 yes. To the right of your cursor. This residence was not constructed but this the subdivision was approved because they subdivided off the 1375 02:40:15,323 --> 02:40:15,323 lot just above and in connection with that project they were going to improve this 1376 02:40:20,228 --> 02:40:20,228 driveway undersized roadway and then stub it out right here with the understanding that you 1377 02:40:27,668 --> 02:40:27,668 would then be carrying the improvement all the way. But this section has not been 1378 02:40:35,510 --> 02:40:38,780 improved. >> oh, I apologize. I didn't I didn't realize there was that gap there. >> yeah, that's just the point. Okay. 1379 02:40:42,049 --> 02:40:42,049 so we will have to be aware of the and resolve that. Yeah that's all appreciate that 1380 02:40:46,354 --> 02:40:46,354 we we have to get to the property so of course right right and I don't think you 1381 02:40:52,693 --> 02:40:52,693 guys are going to pay for it so we'll figure it out. >> yeah okay so so that's 1382 02:40:56,931 --> 02:40:56,931 really the grading so the architecture we did all talk gunders to you know to be able 1383 02:41:03,270 --> 02:41:06,207 to get the first floors up as high as possible and work with the grades as much as we possibly can. Basically the road comes in and as best we could basically 1384 02:41:11,445 --> 02:41:11,445 follows grade we do need a retaining wall on the east side of the of the road just because 1385 02:41:19,086 --> 02:41:19,086 there is a fair amount of steep there and we just couldn't touch grade and we had to keep 1386 02:41:25,193 --> 02:41:25,193 basically the front yards at existing grade so that we could utilize that area for 1387 02:41:32,299 --> 02:41:32,299 infiltration practices because there is fairly shallow ledge there. 1388 02:41:38,873 --> 02:41:38,873 so it wasn't like we could drop the grade 5 or 6ft and then keep the wall on the road low. 1389 02:41:45,846 --> 02:41:45,846 we went to be able to use a trailer practices so there was it was a balancing act or 1390 02:41:50,418 --> 02:41:50,418 speaking of infiltration practices it was brought to my attention in passing that there 1391 02:41:57,057 --> 02:41:57,057 are some recently modified regulations. I don't know if it applies 1392 02:42:01,795 --> 02:42:01,795 specifically to this project but if I if I recall correctly previously or in years past 1393 02:42:08,569 --> 02:42:08,569 infiltration system would need to be separated from structures by a minimum of ten feet. 1394 02:42:16,611 --> 02:42:16,611 my understanding is that was recently increased to 25ft if you're not aware of it I am I 1395 02:42:23,084 --> 02:42:23,084 don't know if it applies to this project specifically based on the units or type of system 1396 02:42:27,522 --> 02:42:27,522 you're using but something we wanted to bring to your attention. 1397 02:42:31,592 --> 02:42:31,592 >> okay I've done that's that's a big surprise. Yes. 1398 02:42:37,031 --> 02:42:39,734 I have not heard that new york state has changed that. Yeah. So we can put you in touch with jason coppola, the town engineer. 1399 02:42:42,770 --> 02:42:46,608 >> I actually mentioned it to the town. So with this these plans have been reviewed. I mean I know they've been old and they've got maybe review in 1400 02:42:49,077 --> 02:42:49,077 the past but they've been reviewed by jason and they were correct to go rounds right, 1401 02:42:54,949 --> 02:42:58,286 right. >> so just one is that 25 foot is a local. No, no as I understand it from the state so but I heard it in passing so I just wanted to 1402 02:43:03,691 --> 02:43:03,691 bring it up to make you aware we can you know, we're we want to get through the rest of the 1403 02:43:08,329 --> 02:43:08,329 presentation so I didn't want to trip you up. >> I just want to okay. 1404 02:43:13,101 --> 02:43:13,101 thank you. So regarding steep slopes basically the yellowish areas 1405 02:43:18,773 --> 02:43:18,773 the lightest color are the zero fifteen's the the greens are the 15 to 20 fires. 1406 02:43:26,381 --> 02:43:26,381 the ten or the 25 to 35 and then the blues are 35 and above again we we try to incorporate 1407 02:43:39,227 --> 02:43:39,227 architecture that would minimize that. We tried to utilize retaining 1408 02:43:43,665 --> 02:43:43,665 walls to also minimize how much space that we needed to to utilize and minimize how much 1409 02:43:51,272 --> 02:43:51,272 steep the service that we had with regard to trees. We're proposing to cut down 85 1410 02:44:08,790 --> 02:44:08,790 trees. We had an arborist do a study if you look at his conclusions 1411 02:44:12,861 --> 02:44:12,861 he talks about that many of the trees are in failing health. They've got rot, they've got 1412 02:44:22,470 --> 02:44:25,106 vines over. I've generally if you were out there you know I'm sure you saw a lot of the trees. Yeah. The proposal is to reestablish 1413 02:44:31,411 --> 02:44:31,411 trees through the property. We're actually mitigating at about twice what the code would 1414 02:44:38,286 --> 02:44:38,286 require with 102 trees. So then that's all incorporated in the arbors report. 1415 02:44:45,060 --> 02:44:45,060 so then I do have a question about that. So the report you know your 1416 02:44:49,264 --> 02:44:49,264 plan show 102 trees but your report only shows about 80 eight trees on page 44 through 1417 02:44:56,905 --> 02:44:56,905 46 of your application. >> yeah I passed along that info to mr. Bob macintyre just 1418 02:45:05,313 --> 02:45:08,449 to relay it back to you that there seem to be in it. >> okay we'll get that resolved. The 102 count is right that's on the plan so I don't know if 1419 02:45:12,721 --> 02:45:12,721 the arborist I mean that will only just mean that if he did it on 80 some odd that were 1420 02:45:17,558 --> 02:45:17,558 even well beyond that as far as I think we're almost double what the mitigation is for for 1421 02:45:23,899 --> 02:45:23,899 carbon dioxide and it's hydrology this is the the landscaping plan that you could 1422 02:45:34,843 --> 02:45:34,843 see it's it's fairly intense. >> right? We've spent a lot of time on 1423 02:45:39,548 --> 02:45:40,549 it. Yeah. Okay. So so take any questions. >> so so this is what I would recommend to the board 1424 02:45:47,022 --> 02:45:47,022 considering the late hour we will bring this back for our next meeting and if the board 1425 02:45:54,063 --> 02:45:54,063 can submit questions to deputy commissioner schmidt by say next next wednesday, may 13th 1426 02:46:02,337 --> 02:46:02,337 then we can turn those questions around to the applicant and we can get 1427 02:46:07,342 --> 02:46:11,279 written response will be sent out so that we can stay on track and the board can have all of their questions answered by then by wednesday. Is everyone okay with that? 1428 02:46:16,218 --> 02:46:19,754 yes. Yes. Great. All right. Thank you. Thank you. And I did also just want to remind the board and for those in the in the viewing public 1429 02:46:25,760 --> 02:46:25,760 that are still watching the town board at a meeting last month referred the chapter to 1430 02:46:32,635 --> 02:46:32,635 85 amendments to the planning board. And so at our next meeting we 1431 02:46:37,306 --> 02:46:37,306 will begin receiving presentations from the staff on the 285 proposed changes at the 1432 02:46:46,415 --> 02:46:46,415 next meeting on may 20th we will receive a presentation on the new tr district which will 1433 02:46:51,353 --> 02:46:51,353 replace the urban renewal district as well as the new and 30 district at the may at the 1434 02:46:58,494 --> 02:47:02,364 june 3rd meeting will receive a presentation on workforce housing, the keeping of chickens and cannabis at the june 17th meeting we will receive a presentation on the 1435 02:47:08,470 --> 02:47:08,470 central avenue and d. S district updates the restaurant reclassifications 1436 02:47:13,075 --> 02:47:13,075 and off street parking the june the july 1st meeting will receive a lengthy presentation 1437 02:47:19,682 --> 02:47:19,682 on all of the environmental updates including the cd overlay, the pod and wetland 1438 02:47:27,824 --> 02:47:27,824 disturbance updates and the charging and will begin our discussions on all of the 1439 02:47:35,730 --> 02:47:35,730 amendments with a goal of continuing to work on our recommendation at the july 15th 1440 02:47:41,237 --> 02:47:41,237 meeting and ultimately be in a position to make a recommendation back to the town 1441 02:47:47,042 --> 02:47:47,042 board at our august 5th meeting. So we'll have a we'll have a an 1442 02:47:51,780 --> 02:47:51,780 expedite basis but detailed review of the 285 amendments over the next three months and 1443 02:47:59,822 --> 02:47:59,822 I'm looking forward to receiving the first presentation from staff next 1444 02:48:04,293 --> 02:48:04,293 month and and I would just tack on that the ci the informal side sessions that staff has 1445 02:48:11,901 --> 02:48:11,901 been holding with board members have been productive and we appreciate the board members 1446 02:48:16,205 --> 02:48:16,205 that have been able to do it. Anyone that hasn't met does have time or want to meet with 1447 02:48:21,110 --> 02:48:21,110 us. We've been meeting um on thursdays and or fridays so we 1448 02:48:27,149 --> 02:48:30,819 can there is some flexibility there. Feel free to reach out to staff . Like I said they've been productive and certainly 1449 02:48:32,588 --> 02:48:32,588 appreciate it and I encourage anyone who hasn't hasn't scheduled that yet to do so who 1450 02:48:38,227 --> 02:48:38,227 should we reach out to? >> you can reach out to aaron and aaron will coordinate that 1451 02:48:42,965 --> 02:48:42,965 aaron and aaron and garrett our deputy deputy commissioner schmidt and commissioner 1452 02:48:47,236 --> 02:48:47,236 duquesne. >> all right. So seeing no additional new 1453 02:48:53,509 --> 02:48:53,509 business I will entertain a motion to adjourn the planning board meeting at ten oh 4 p.m. 1454 02:49:00,549 --> 02:49:00,549 so moved moved ms. Robinson second. >> mr. Bellinger all in favor