Town of Eastchester, NY: Minutes, Planning Board Meeting, January 23, 2008

2 EASTCHESTER PLANNING BOARD MEETING

JANUARY 23, 2008

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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

January 23, 2008 7:00 p.m.

14 BOARD MEMBERS IN ATTENDANCE:

Chairman Raymond DelSavio

16 Joseph Cermele, Member

Robert Pulaski, Member

17 Angela Cascione, Member

EASTCHESTER EMPLOYEES IN ATTENDANCE:

20 MARGARET UHLE, Director of Planning

ROBERT TUDISCO, Deputy Town Attorney

21 JAY KING, Building Inspector

KERI OUELLETTE, Assistant Planner

DINA M. MORGAN, REPORTER

24 25 COLONIAL ROAD

BRONXVILLE, NEW YORK 10708

25 (914) 469-6353

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 1/23/08

The Chairman: Calls meeting to order.

Pledge of Allegiance.

Ms. Cascione: Calls roll:

Mr. Pulaski: Present.

The Chairman: Present.

Mr. Cermele: Present.

Ms. Cascione: Present.

Ms. Uhle: States Mr. Bonanno will not be

10 able to attend tonight's meeting.

APPLICATION 07-01, 16 ETON PLACE

13 Mr. Davis: Robert Davis, attorney for

the applicant. States with him are Jay Fain,

14 Joe Crocco, Rebecca Rivera, project

consultants, and Doug Schroeder, storm water

15 engineer. Explains at the November meeting the

board granted sketch plan approval for the

16 alternative cluster layout and board closed the

public hearing on preliminary subdivision

17 review but granted an extension for written

submissions. States they were no written

18 submissions. States they have refined and

augmented the plan in accordance with the

19 comments of the board and town planner and Mr.

Pilch. States they prepared a storm water

20 plan. States they have given a report on

school district impact. States they continued

21 to reach out to Leewood Golf Club concerning

their use of the pond and they did have a

22 meeting with two of the club's representatives

yesterday. Explains they will continue to have

23 a dialogue with them. States they don't see

any significant issues addressing Mr. Pilch's

24 concerns. Explains at tonight's meeting they

would like the board to consider the issuance

25 of a negative declaration under SEQRA and final

submission approval.

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 1/23/08

Mr. Pilch: Alan Pilch, Evans Associates.

3 Discusses changes to the plan. Explains one of

the principal issues was the protection of the

4 pond. Discusses ground water table. States

there is a need to protect the plantings along

5 the shoreline because they act as a buffer for

the pond. States he wants details on how the

6 pond is going to be protected and what

mechanisms would be there from a home owner

7 coming in and modifying that. Feels it is best

that there is a clear demarcation of what is

8 private and what is common area. Feels it's

preferable if each lot has its own facility

9 that's privately owned and maintained and the

common drive, which is an impervious surface

10 that adds pollutants into the pond, also has

its own facility which is owned in common.

11 States there are questions on these plans about

the fact that there are a lot of private and

12 public facilities being proposed and it was not

evident as to how these were going to be

13 distributed amongst the new home owners.

States plans should depict a clear grading

14 limit line to determine whether or not it would

be subject to the SPDES general permit from

15 storm water discharge from construction

activities. Feels the protection of the

16 resource, the use of the pond and maintenance

of the dock and who has maintenance

17 responsibilities are all items the board wants

to have identified at this stage before they

18 start setting lot lines down. Feels the storm

water plan does not optimally protect the

19 resource at this time under its present design

based on the environmental conditions

20 presented.

21 The Chairman: Asks about the SPDES

permit issue.

Mr. Pilch: States New York State

23 Department of Environmental Conservation issues

a SPDES general permit. States there are

24 threshold disturbances which can trigger the

need to do a filing with the New York State

25 DEC. Explains if there is over an acre of

disturbance, there is a filing that is required

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 1/23/08

with the New York State DEC. Explains there is

2 a requirement to develop an erosion sediment

plan, which they have done. States until they

3 know what the disturbance is they don't know

whether they are less than the threshold or

4 greater than the threshold, in which case they

will be subject to it l.

Mr. Davis: States they will take a look

6 at the level of disturbance. States with

respect to common facilities will be very

7 careful in setting together a recordable

document that has certain restrictive covenants

8 placed on it. States there will be notes on

the maps referencing those and they will have

9 the proper forms of easement for the facilities

for the maintenance. Explains all of that will

10 be taken care of, but it's difficult to prepare

those documents until they know where the

11 facilities will be located.

12 Mr. Fain: Jay Fain, Jay Fain and

Associates. Shows cluster plan. States plan

13 is virtually unchanged since the last meeting.

Explains since the last meeting they have tried

14 to meet the regulations and prepare

construction plans for the entire site, which

15 includes gradage and drainage plan, soil

erosion plan, sediment control plan, landscape

16 plan, landscape details. Explains they tried

to contain all the drainage facilities

17 together. States lot three will contain the

drainage facilities for the common driveway.

18 Explains they purposely did that so only one

home owner would have that facilities and the

19 way it would be handled is through an easement

and a deed restriction. States the other

20 people who benefit will have to share the cost

for the maintenance of that facility. Explains

21 they are going to redo the ground water testing

and they will put in test wells to monitor the

22 ground water situation and if they have to

redesign the facilities they will do that.

23 Explains they will put in a system to collect

all the drainage from the site, pre-treat it

24 and then polish it before it goes to the lake.

States drainage going towards Eton Place and

25 the water that ends up in the pond will be

clean.

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 1/23/08

Mr. Pulaski: Asks Mr. Fain to describe

3 the pre-treatment.

4 Mr. Fain: States they use an oil and

grit type separator so they could get the

5 course particles and collect them before it

goes into the filtration system.

Mr. Pulaski: Asks how often that would

7 need to be cleaned.

8 Mr. Fain: States on an annual basis at

the beginning to see whether it needs to be

9 done more or less frequently.

10 Ms. Cascione: Asks if they found out

anything about the water that's coming in on

11 the north end.

12 Mr. Fain: States they couldn't collect a

sample so they don't know where it's coming

13 from. Explains the water is running constantly

so it's got to be coming from a source. Feels

14 the water company could help them.

15 The Chairman: Asks if there will be a

home owners association formed.

Mr. Davis: States no there is not a need

17 to do that. Explains what they will have will

basically be the equivalent. States there will

18 be a common area easement and maintenance

agreement coupled with restrictive covenants

19 which will incorporate the environmental type

protections.

The Chairman: Asks if there is a

21 recommended schedule and cost associated with

the three tier drainage system and if so how

22 does that cost get assessed.

23 Mr. Davis: Explains it will be shared by

the home owners.

The Chairman: Asks how it gets enforced.

Mr. Davis: Explains if anyone doesn't

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 1/23/08

pay it constitutes a lien on their property.

2 States the restrictions will be just as

stringent as a home owners association.

Ms. Uhle: Explains it would be reviewed

4 by the town's law department and possible

outside counsel.

Mr. Davis: States they will work on Mr.

6 Pilch's memo and come back with those issues

addressed.

Ms. Cascione: Discusses recreation fee.

8 Feels that issue should be reviewed by the town

attorney when they are taking up the

9 preliminary plat approval.

10 Mr. Davis: Discusses recreation fee and

recreation area. Explains if board finds there

11 is suitable area on the property for

recreation, then a recreation fee is not

12 appropriate under the law. States they

appreciate what Mr. Pilch did and it's very

13 helpful to them and they will deal with each

issue and come back in February.

Ms. Uhle: States application will be

15 adjourned to the February meeting.

17 APPLICATION 07-56, 395 WHITE PLAINS ROAD

19 Mr. Yanacito: John Yanacito, architect

for the applicant. States they are proposing

20 interior and exterior alterations to the

existing plumbing supply store. States

21 interior alterations include converting second

floor storage space into retail space to be

22 used as a plumbing show room, office space.

States exterior alterations consist of new

23 second floor windows, new awning over first

floor windows, new signage, new lighting, a

24 couple of new planters. States on November

13th the Zoning Board granted two variances,

25 one for the number of parking spaces and the

other for the back-up aisle width on one of the

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 1/23/08

existing parking spaces. States they met with

2 the ARB and ARB approved two signs, one at the

front elevation and one at the side elevation.

3 States signs will be pin mounted letters

colored blue to match the awning. States

4 awning will have lettering on it which will say

Plumbing Supplies and Show Room. States the

5 front elevation sign will have gooseneck

lighting, side elevation sign will have no

6 lighting.

7 Mr. Cermele: Makes a motion to open the

public hearing on Application 07-56.

Ms. Cascione: Seconds motion.

(All aye.)

(No comments.)

Mr. Cermele: Makes a motion to close the

12 public hearing.

13 Mr. Pulaski: Seconds motion.

14 (All aye.)

15 The Chairman: Asks to see site plan.

16 Mr. Yanacito: Shows site plan.

Explains on the site plan the only thing that

17 will change is the striping on the lot.

18 The Chairman: Asks if there is any

exterior lighting other than the signage.

Mr. Yanacito: States there is existing

20 lighting at the rear door and the staircase.

Explains there might be one light fixture on

21 the side road that leads toward the municipal

lot.