Town of Eastchester, NY: Minutes, Planning Board Meeting, June 28, 2006

1 EASTCHESTER PLANNING BOARD - 6/28/06

2 EASTCHESTER PLANNING BOARD MEETING

JUNE 28, 2006

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5 MINUTES OF THE

6 EASTCHESTER PLANNING BOARD MEETING

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10 HELD AT: Eastchester Town Hall

40 Mill Road

11 Eastchester, New York 10709

June 28, 2006 7:00 p.m.

13 BOARD MEMBERS IN ATTENDANCE:

Chairman Raymond DelSavio

15 Joseph Cermele, Member

JoAnn Murphy, Member

16 Robert Pulaski, Member

Angela Cascione, Member

EASTCHESTER EMPLOYEES IN ATTENDANCE:

LOUIS REDA, Deputy Town Attorney

21 MARGARET UHLE, Director of Planning

JAY KING, Building Inspector

24 DINA M. MORGAN, REPORTER

43 CENTRAL DRIVE

25 BRONXVILLE, NEW YORK 10708

(914) 469-6353

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 6/28/06

The Chairman: Calls meeting to order.

(Whereupon the Pledge of Allegiance was

4 said.)

5 Ms. Cascione: Calls roll:

6 Mr. Pulaski: Present.

7 Ms. Murphy: Present.

8 The Chairman: Present.

9 Ms. Cascione: Present. States Mr.

Cermele will be arriving shortly. States Mr.

10 Reda, Ms. Uhle and Mr. King are present.

11 States Chairman DelSavio was chosen as the

distinguished citizen planner of the county by

12 the Westchester Municipal Planning Federation

and the Board would like to congratulate him.

14 APPLICATION 06-56, 85 TUCKAHOE AVENUE

Mr. Davis: Robert Davis, attorney for

16 the applicant. Explains application is here

for final subdivision approval for this minor

17 two lot subdivision. States this is a minor

two lot subdivision with no road. States

18 subdivision involves two existing adjoining

lots, one at 67 Hickory Hill Road and one at 85

19 Tuckahoe Avenue. States they supplied a letter

from 1995 from the then building inspector

20 stating existing four family house is a legal

four family as a non-conforming use. Explains

21 there will be frontage on Hickory Hill for the

new lot by way of a boundary line change with

22 the existing house on Hickory Hill that adjoins

it. Explains Tuckahoe Avenue lot is an

23 oversized lot. States it has five times the

minimum lot size. Explains they would be

24 subdividing it into two lots, one with the

non-conforming house and one with a new house.

25 Explains they will still be over two and a half

times the minimum lot size requirements.

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 6/28/06

2 States no variances are required for this

application. States Hickory Hill lots meet or

3 exceed zoning requirements. States Tuckahoe

Avenue lot remains non-conforming as to use and

4 non-conforming as to its front yard and one of

its side yard setbacks, but substantially

5 exceeds the zoning requirements with regard to

other credentials. States as a condition of

6 approval the applicants are willing to reduce

the non-conforming use of the four family to a

7 three family. States proposed driveway

location has been selected to keep it as far

8 from the neighbor's house as possible. States

driveway could also be made longer. States

9 there is a fair amount of flexibility on where

to locate the house. Indicates they are

10 willing to provide more screening for the

neighbors. States there are no environmental

11 issues involving this property. States

property is flat, no steep slopes and wetlands.

12 States a couple of trees will be removed and a

number of very large trees will be preserved

13 around the perimeter. States drainage will be

fully contained on site. Explains applicants

14 have resisted offers by local developers to

sell their property in a way that would be

15 combined with other properties to create more

houses with access on Hickory Hill. Explains

16 applicants are not here to make a profit

they're here to use those two houses for

17 themselves. States they are asking the Board

to declare this to be a minor subdivision,

18 approve the sketch plan which was viewed at the

last meeting, issue a negative declaration

19 under SEQRA and grant final subdivision

approval subject to any conditions which are

20 appropriate.

21 Mr. Crocco: Joseph Crocco, architect for

the applicant. Explains subdivision is cutting

22 the lot on an east west access making two equal

lots. Explains they're taking a little piece

23 from the Hickory Hill property in order to

create the frontage. States they are going to

24 comply with all regulations that the zoning law

requires. States they are not looking for any

25 variances.

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 6/28/06

The Chairman: Entertains a motion to

3 adopt a Negative Declaration for Application

06-56.

Ms. Murphy: So moved.

(All aye.)

Ms. Cascione: Makes a motion to open the

7 public hearing on Application 06-56.

8 Ms. Murphy: Seconds motion.

9 (All aye.)

10 Ms. Uhle: States they received two

letters from Mr. Masucci.

Mr. Masucci: Carmine Masucci, 64 Hickory

12 Hill Road. Realizes application does not

require variances. Discusses parking.

13 Explains parking is not easy on this street.

Feels with this additional driveway it's going

14 to make it extremely difficult for people to

park and traverse that road. Discusses snow

15 removal. Feels this is not a minor

subdivision.

Ms. Murphy: Asks if every home has a

17 driveway.

18 Mr. Masucci: States yes.

19 Ms. Murphy: Asks why then are all the

cars in the street.

Mr. Masucci: Explains when there's a

21 party people park in the street. States

there's an error in the May 24th minutes, it

22 says forty-three feet and it should be

fifty-three feet.

Mr. Flannery: Dave Flannery, 77 Tuckahoe

24 Avenue. Discusses existing four family house.

Asks what the laws are for providing parking

25 for a three family house.

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 6/28/06

Mr. Pulaski: Explains presently it's a

3 legal four family house that applicant is

willing to downgrade to a three family.

Mr. Flannery: Feels it's a new

5 application so therefore they're supposed to

provide parking for a three family house.

Ms. Uhle: Explains zoning law says if

7 you're already non-conforming with regard to

parking as long as you minimize the level of

8 non-conformity you're not required to provide

all parking on site. States they are not

9 required to provide additional parking.

Explains this structure pre-dated zoning, so it

10 doesn't have to comply with the current zoning

requirements and since they're decreasing the

11 number of units they're actually mitigating any

potential problem there is with parking by

12 eliminating that unit.

13 Mr. Flannery: States his concern is this

four family house does not fit in any part of

14 Eastchester. States house has not been taken

care of. States police go to that residence on

15 a regular basis. Asks if they're going to

clean it up aesthetically.

Mr. Weingarten: Alan Weingarten, 61

17 Hickory Hill Road. Asks if there is the

possibility that there could be a through

18 driveway that goes from Tuckahoe Avenue to

Hickory Hill.

The Chairman: States they could make

20 that a condition.

21 Ms. Cascione: Makes a motion to close

the public hearing on Application 06-56.

Mr. Pulaski: Seconds motion.

(All aye.)

The Chairman: Asks how many off street

25 parking spaces there are on the Tuckahoe Avenue

side.

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 6/28/06

2 Mr. Crocco: States three or four.

3 Mr. Davis: States one or more of the

apartments have only one bedroom. States with

4 regard to the police being called to the site

the last call was back in the fall with regard

5 to a noise complaint.

6 Ms. Cascione: Asks now that they are

proposing to make it a three family, would the

7 upstairs apartments be what they will be

combining two apartments into one.

Mr. Petriello: Explains house presently

9 has three entrances, one of the entrances has a

duplex so it's logical to keep the two exterior

10 units and combine the center unit.

11 Ms. Cascione: Feels building would look

a lot better from the front if the fire escape

12 wasn't there.

13 Mr. Davis: States that is something that

could be looked into.

Mr. Pulaski: Asks if they could provide

15 sufficient parking on the Tuckahoe Avenue

property so that all the tenants of the

16 building could park on site. Feels that's a

congested road. Asks that the owner of the

17 property agree to provide six spaces.

18 Mr. Davis: States they will examine it.

19 Ms. Cascione: Discusses parking on

Hickory Hill. Suggests configuring the house

20 in such a way so the driveway is long enough

and wide enough to accommodate more than the

21 standard two cars.

22 Mr. Davis: Explains their intent is to

push the house back further and have a longer

23 driveway to help accommodate that.

24 Mr. Cermele: Echos concerns of Board

members with the parking on Tuckahoe Avenue and

25 situation on Hickory Hill Road. Feels if you

push the house on Hickory Hill too far back

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 6/28/06

2 there may be too much impervious surface.

3 Mr. Davis: Explains they have quite a

bit of flexibility on this lot.

Mr. Cermele: Feels they need to get a

5 plan on how to make the building on Tuckahoe

Avenue more attractive.

Mr. Davis: States in the spirit of good

7 faith they will take a look at that and address

that in September.

The Chairman: Reviews conditions: Fire

9 escape needs to be addressed; a parking plan

that picks up six spaces, not paved or striped,

10 landscaped in some way to conceal it; contain

garbage for the three families; general

11 cleaning around the site; a deed restriction so

there will be no connection from one street to

12 the other. Explains all of that needs to be

submitted to this Board prior to the issuance

13 of the C of O.

14 Ms. Cascione: Makes a motion to approve

the proposed sketch plan for Application 05-56

15 as a proposed minor two lot subdivision.

16 Ms. Murphy: Seconds motion.

17 (All aye.)

18 The Chairman: States a footnote to the

conditions on the site plan is that a tree

19 preservation plan be done and that no trees get

cut down until such time as the Board sees that

20 plan.

21 Ms. Cascione: Makes a motion to approve

the final plat for Application 06-56 subject to

22 the following conditions:

One, that the applicant be required to

23 pay a park fee to the town equal in amount to

ten percent of the appraised value of the

24 subdivided lot in accordance with Section 9.H.2

of the zoning law of the town of Eastchester.

25 Two, that the existing non-conforming

four family residence shall be converted to a

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 6/28/06

2 three family residence as discussed with the

conditions proposed.

Ms. Uhle: Explains the following

4 conditions would have to be met prior to the

issuance of the C of O for the new lot on

5 Hickory Hill Road: Provide not less than six

parking spaces for Tuckahoe Avenue building;

6 remove fire escape if legally permissible; show

garbage enclosure; provide landscaping plan for

7 proposed parking area; have a note on the filed

subdivision plat that there will be no through

8 driveway from Hickory Hill to Tuckahoe Avenue;

a tree preservation plan be prepared for the

9 new lot and in the meantime no trees be cut

down until the Planning Board sees that plan;

10 look at facade improvements on Tuckahoe Avenue

building; plan to be filed for the conversion

11 of the four family down to a three.

(All aye.)

14 APPLICATION 06-57, 100 STEWART AVENUE