Town of Eastchester, NY: Minutes, Planning Board Meeting, October 24, 2007

2 EASTCHESTER PLANNING BOARD MEETING

OCTOBER 24, 2007

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6 MINUTES OF THE

7 EASTCHESTER PLANNING BOARD MEETING

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11 HELD AT: Eastchester Town Hall

40 Mill Road

12 Eastchester, New York 10709

October 24, 2007 7:00 p.m.

14 BOARD MEMBERS IN ATTENDANCE:

Chairman Raymond DelSavio

16 Robert Pulaski, Member

Angela Cascione, Member

17 James Bonanno, Member

EASTCHESTER EMPLOYEES IN ATTENDANCE:

20 LOUIS REDA, Deputy Town Attorney

MARGARET UHLE, Director of Planning

21 JAY KING, Building Inspector

KERI OUELLETTE, Assistant Planner

24 DINA M. MORGAN, REPORTER

25 COLONIAL ROAD

25 BRONXVILLE, NEW YORK 10708

(914) 469-6353

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 10/24/07

The Chairman: Calls meeting to order.

Pledge of Allegiance.

Ms. Cascione: Calls roll:

Mr. Pulaski: Present.

Mr. Bonanno: Present.

The Chairman: Present.

Ms. Cascione: States Mr. Cermele will

9 not be able to attend meeting. States Mr. Reda

and Ms. Uhle are present.

The Chairman: States Application 07-07,

11 Siwanoy Country Club has been adjourned.

APPLICATION 07-01, 16 ETON PLACE

14 Mr. Pilch: Alan Pilch, Evans Associates.

States since the last meeting he reviewed all

15 the site plans that were submitted and reviewed

the full environmental assessment form which

16 was provided by the applicant's consultant.

States he did a review of the water quality

17 information that was presented in the letter

addressed to Ms. Uhle dated September 12th.

18 Discusses factors the Planning Board should

look for in deciding whether to go with the

19 conventional plan or cluster plan. Explains he

has looked at both plans to see if they work

20 like they should, do they work from a

circulation viewpoint, are they reasonable with

21 respect to tree removal, impact on vegetation

so the Planning Board could then make that

22 decision. States he made recommendations on

how to protect the pond.

The Chairman: Asks if one scheme or the

24 other comes out ahead in terms of total

discharge into the pond.

Mr. Pilch: States clearly the cluster

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 10/24/07

plan has less impervious surface than the

2 conventional plan. States he has questions

regarding some of the layout that's shown on

3 the plan that would reduce the discrepancy

between them. States he requested that the

4 applicant provide a more realistic clearing

limit line on both plans and be more realistic

5 about trees that can actually be retained on

the property. Explains there are a few large

6 trees that are shown on the cluster plan that

are close distances to houses and it's very

7 hard to protect that. States he asked for

better consideration of some of the layout

8 items that are shown on the plan mostly on the

cluster plan just to have it refined to the

9 point when this more refined plan shows up

before the board the board could make an

10 informed decision which one does appear to be a

better plan. Feels at that point the Planning

11 Board would be able to better assess which one

would be better environmentally for the town.

Mr. Davis: Bob Davis, attorney for the

13 applicant. States since the June meeting they

met with Ms. Uhle to go through the plans to

14 obtain her comments and suggestions, they met

twice with the police and fire departments,

15 they revised the plans to incorporate the town

planners' comments as well as the board's, Mr.

16 Pilch's comments and the police and fire

departments. Explains on the cluster plan they

17 widened the common driveway to twenty feet and

provided a hammer head turn around and made the

18 driveway on lot four eighteen feet and

increased the turning radius. States that was

19 to the satisfaction of the police and fire

departments. States they widened the buffer

20 area between the driveway on lot four and the

neighboring property and provide better

21 screening on that. States Mr. Fain has

provided a response to the report of Mr. Pilch,

22 the town consultant, they received his

follow-up report today and will address some of

23 his comments tonight. States they don't see

any significant issues with Mr. Pilch's

24 comments. Explains there have been soil tests

done on the site indicating there would be no

25 problem constructing the houses. States they

provided full information with respect to the

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 10/24/07

trees on the site. Explains they don't see any

2 significant trees being removed on the site

especially with the cluster plan. States they

3 recalculated impervious surface areas on the

plans and the cluster plan has twenty-six

4 hundred square feet less than the conventional

plan. Indicates a natural buffer around the

5 lake is now shown on the plans. States they

believe by the conclusion of the presentation

6 tonight the board will have sufficient

information to decide which plan to move

7 forward on. States in his opinion the cluster

plan will make the most sense. States they

8 believe there is no significant environmental

impact with respect to this project. Explains

9 there are only three new homes on this project.

Explains this property is a fully disturbed

10 site. States houses will not be out of

character with the other houses in the

11 neighborhood. States there will be significant

legal obligations on the home owners to

12 maintain the lake.

13 Mr. Fain: Jay Fain, Jay Fain &

Associates, project's environmental consultant.

14 States they've generated two plans for the

site. Explains on the conventional plan the

15 cul-de-sac got larger in order to make it

compliant with zoning. States conventional

16 plan conforms to all the zoning regulations.

Feels the draw back to that plan is the larger

17 amount of impervious surface. Discusses trees.

States they are working very hard to save the

18 trees. Feels the cluster plan is more in

character with the surrounding properties than

19 the conventional plan. Feels the most

significant trees are being saved under the

20 cluster plan. States under the cluster plan

the lake ownership will be common with the four

21 lots.

22 Mr. Crocco: Joseph Crocco, architect for

the project. States they met with the fire and

23 police departments twice to go over some of

their safety issues and a couple of the things

24 they did revise since the last submission which

was mostly in the cluster plan. Explains their

25 concern was emergency access for this lot,

which they widened the driveway to twenty feet

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 10/24/07

so they could have a vehicle parked in the

2 driveway and still have an accessible route to

get to the house in case of an emergency.

The Chairman: Asks how the building

4 envelope was effected on the cluster plan when

the driveway was changed from twelve feet to

5 eighteen feet.

6 Mr. Davis: Explains the overall building

envelope was made smaller but the ability to

7 have the same size house remained. States they

just have less flexibility with respect to

8 location of the house.

9 The Chairman: Asks if the house moved

south.

Mr. Davis: States house did not increase

11 but the potential envelope within which the

house could be located increased.

Mr. Crocco: Explains these are generic

13 footprints and whatever the requirements are

that the board may set they'll deal with it.

The Chairman: States public hearing is

15 still open. Asks if anyone from the public

wishes to make any comments on the plans that

16 have changed from the last time.

17 Mr. Manarino: Alex Manarino (Ph.), 15

Eton Place. Shows location of his house.

18 States he would prefer that nothing be built

here. Asks how the widening of the driveway

19 effects his property.

20 Mr. Davis: Explains the driveway isn't

closer to the property line. States driveway

21 was widened to the north into the lot line.

States there will be a full vegetative buffer.

22 States driveway did not come any closer.

23 Mr. Manarino: Explains right now the

town has an easement on his property for the

24 cul-de-sac. Asks if plan is approved and

street is continued north if his property is

25 restored to his property line will the

cul-de-sac be filled in so he has full use of

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 10/24/07

his property.

Ms. Uhle: Explains the applicant would

3 have to restore that portion of the road and

the right of way would then be moved further

4 down. States there will not be two

cul-de-sacs.

Mr. Davis: States they cannot do

6 anything to change title to that property,

that's up to the town. Explains it will still

7 be within the town's right of way owned by the

town, but the circular aspect of it will be

8 reduced because you're not going to have two

concurrent circles.

Ms. Uhle: States she will look into this

10 further with the law department, but would

imagine that the applicant would be required to

11 restore his lawn area because they would remove

that portion of the pavement and that turn

12 around would be dedicated to the town and at

that point ownership issues would be addressed.

13 States title issues should be resolved at that

time.

Mr. Davis: States technically they

15 couldn't be required to make an improvement in

the public right of way outside of their

16 property, but they would do that as a voluntary

condition of the approval if the conventional

17 plan were involved. Feels an advantage of the

cluster plan is it continues to maintain that

18 area.

19 Mr. Reda: Believes Ms. Uhle is right and

they will talk about legal rights as far as the

20 town is concerned.

21 Mr. Manarino: Concurs with the community

and all his neighbors that he would prefer to

22 see that remain as is.

23 Mr. Moses: Manfred Moses, 29 Huntley

Road. States this particular property concerns

24 him a great deal. Suggests that the right of

eminent domain be exercised by the town of

25 Eastchester for the entire lake and there be

deeded to the town of Eastchester a proper

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 10/24/07

right of way to the lake. Explains the reason

2 for that is the lake itself is of historic

interest and value to the entire community and

3 the problem of drainage and all the other

things that go with it is something that the

4 entire community is involved in. States it is

a matter for the town of Eastchester and should

5 not be in private hands and should be put in

public hands for perpetuity.

Mr. Davis: Explains the law is clear in

7 the state of New York that you cannot force an

applicant to dedicate or open his property for

8 public use. States they offered early on from

the very first time they walked this project in

9 the door whether the town would be interested

in accepting dedication of this pond for use

10 for the public for limited purposes which they

would have access to from the town park and

11 were told that the town had no interest.

States the applicant did explore that and they

12 were told that the town was not interested.

13 Ms. Uhle: Believes they didn't offer to

dedicate the pond itself but offered to allow

14 access to the pond.

15 Mr. Davis: States they did offer to

dedicate it because they didn't want to have

16 ownership of the pond with public access

because that would be a horrendous liability.

Ms. Valente: Christine Valente, 21

18 Knollwood Road, Eastchester, speaking as

president of Leewood Park Community

19 Association. States in the interest of time

they will be speaking as one voice representing

20 the residents of the numerous civic