Town of Eastchester, NY: Minutes, Planning Board Meeting, February 27, 2008

2 EASTCHESTER PLANNING BOARD MEETING

FEBRUARY 27, 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

February 27, 2008 7:00 p.m.

14 BOARD MEMBERS IN ATTENDANCE:

Chairman Raymond DelSavio

16 Joseph Cermele, Member

Robert Pulaski, Member

17 Angela Cascione, Member

James Bonanno, Member

19 EASTCHESTER EMPLOYEES IN ATTENDANCE:

MARGARET UHLE, Director of Planning

21 ROBERT TUDISCO, Deputy Town Attorney

JAY KING, Building Inspector

22 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 - 2/27/08

The Chairman: Calls meeting to order.

Pledge of Allegiance.

Ms. Cascione: Calls roll:

Mr. Cermele: Present.

Mr. Bonanno: Present.

Mr. Pulaski: Present.

The Chairman: Present.

Ms. Cascione: Present.

Ms. Cascione: States Deputy Town

11 Attorney Mr. Tudisco, Director of Planning Ms.

Uhle, Building Inspector Jay King and Assistant

12 Planner Keri Ouellette are present.

APPLICATION 03-20, 98 HIGHLAND AVENUE

15 Ms. Uhle: Explains after subdivision

approval was granted applicant posted a

16 performance bond for public improvements and

they had two and a half years to complete those

17 improvements. States that term is expiring in

March so they have come requesting a year

18 extension in order to complete those

improvements. Explains they have done the vast

19 majority of the work but they want to make sure

they don't have to come back again to request

20 another extension. States this is a

recommendation from the building inspector and

21 highway superintendent and she is recommending

it as well.

The Chairman: Thanks the applicant for

23 preparing the status report. States he has no

concern over extending it for one more year

24 given the status of the points raised in the

memo.

25 Calls for an approval of Application

03-20 for the consideration of extending the

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 2/27/08

term of the performance bond for another year

2 based on the status memos issued today's date,

February 27th.

Ms. Uhle: Explains the term would expire

4 on March 14th, 2009.

5 Mr. Cermele: Seconds motion.

6 (All aye.)

APPLICATION 07-59, 83 - 87 MAPLE STREET

9 Ms. Uhle: Explains application was

adjourned from the November meeting to hear

10 information with regard to the potential

impacts to the school district and they asked

11 the applicant to prepare a storm water

management plan for the site. States this

12 evening the applicant will be presenting those

two issues.

Mr. Davis: Robert Davis, attorney for

14 the applicant. States his latest letter

provided the board with the legal authorities

15 on special permits. Explains this is the fifth

meeting on this revised project. States at the

16 last meeting the traffic issue was laid to

rest. States two separate traffic experts and

17 the town's own expert concluded this project

will not have any adverse impact on traffic in

18 the neighborhood and the negligible traffic

generated by this residential project with its

19 additional net of only six units would be less

than the traffic impacts which would be

20 expected from other uses permitted as of right

which were combined commercial/residential

21 projects. States plan provides for safe

vehicular ingress and egress and for full site

22 access for emergency and service vehicles.

Explains the opponents' focus in November

23 shifted to the impact on the school district.

States since November the applicant is the only

24 one who has submitted anything with regard to

the school district impact. States regardless

25 of any report from the school district the

worst case impact of a maximum net of ten

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 2/27/08

additional children generated by an increase of

2 five two bedroom units would not provide any

legal basis whatsoever for denying or modifying

3 this project. Feels the fact that the master

bedroom is on the upper floor and smaller

4 bedroom is on the lower floor makes it entirely

likely the first floor bedroom will be used for

5 other purposes like a home office or exercise

room and given its size it's less likely to be

6 occupied by as many as two children. Feels

this layout doesn't even lend itself for young

7 children. Feels it's not likely that all ten

units will be occupied by people with children,

8 it's very likely that many will be occupied by

single people with no children or grown

9 children and it's also likely that children

will attend private school or be of non school

10 age. States any additional children will not

occupy the same classroom. Feels there is

11 little, if any, legal basis for a determination

of this matter on the basis of school district

12 impact. States school district impact is not

included in the numerous criteria for

13 determining significance under SEQRA. States

his client's planning consultants submitted

14 their report on January 4th which set forth the

accepted planning standards for determining

15 student generation. Discusses planning

standards. States they received the school

16 district's enrollment projection calculation

update study and applicant's consultants

17 commented on that and as previously predicted

the school district's report has no relevance

18 to this application. Explains district's

report expressly factors in annual increases in

19 enrollment due to normal annual levels of

development including projects like this.

20 States fire chief has signed off on the

project. Explains this is a fully sprinklered

21 building and they still have provided full

access around the building for the largest fire

22 truck in town. States they received a report

from the police chief with respect to his

23 concerns with respect to parking. States they

are providing twenty-six parking spaces, which

24 is thirty percent more than the code requires

and for that reason alone it would be arbitrary

25 to deny this on a parking basis.

States with respect to storm water

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 2/27/08

drainage it's important to note as a result of

2 the new drainage facilities there will be a

decrease in storm water runoff from what exists

3 today.

States at the conclusion of tonight's

4 meeting they ask the board to close the public

hearing, to render a negative declaration under

5 SEQRA and to issue the special permit for the

R-6 portion of this property.

Mr. Ryan: Jim Ryan, principal with the

7 firm of John Meyer Consulting. States they

made an additional submission to the board,

8 which is the technical details related to the

site plan with regard to the water, grading,

9 sewer and a fully detailed landscape plan for

the project. Explains they took into

10 consideration the grades that are there and

worked with the grades to create a grade change

11 that would screen the house to the west from

cars and other issues. Discusses commercial

12 side. States they have a sidewalk that runs

along where the parallel parking would be.

13 States they were able to add additional

landscaping on that side also. States there

14 are substantial green buffers around this

property and they tried to dress it up with

15 plantings both for screening and aesthetic

purposes. Shows utility plan. States with

16 regard to storm drainage they have submitted to

the board a full storm water management plan

17 for the property. States they were able to

decrease the storm water rates coming off the

18 property. Explains they have created an

underground containment area in the front of

19 the property. Explains prior to the storm

water coming off the parking surfaces as well

20 as the roof top drainage, they have included a

storm water quality structure as well. States

21 that water will be treated.

22 The Chairman: Asks who maintains the

water quality basin.

Mr. Ryan: States they would maintain it.

24 Explains they have a looped water system with

two connection points. States they show two

25 fire hydrants on this property. Shows location

of fire hydrants.

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 2/27/08

The Chairman: Asks if there is a trench

3 drain at both driveway aprons.

4 Mr. Ryan: States no.

5 Ms. Uhle: Explains this is being

reviewed by an engineer retained by the town.

The Chairman: States in prior

7 applications board required that no sheet

drainage occur across anyone's driveway out

8 into the public right of way.

9 Mr. Ryan: States if that was of

particular concern to this board there is no

10 issue with bringing a trench drain out to the

driveway. Explains they felt the flow was so

11 low there wasn't enough and it would remain in

the curb even in large storms.

Mr. Ryan: Describes the water detention

13 system.

14 Mr. Pulaski: Asks if there is anything

put back into the water table of the site.

Mr. Ryan: States no.

Mr. Pulaski: Asks if they could do that

17 to reduce the impact on the public sewer

system. Feels every housing complex should try

18 to put water back into the water table and keep

it out of the public sewer system.

Mr. Ryan: States they could look at

20 that.

21 The Chairman: Asks if there are any

comments from the public. Asks that there be

22 no dialogue between the applicant or

applicant's representative and the public but

23 rather comments be addressed to the board and

given the volume of people here this evening

24 asks that the comments be kept short and to the

point and not repetitive. Explains if they

25 start hearing repetitive comments they will

close the public hearing.

DINA M. MORGAN, REPORTER

1 EASTCHESTER PLANNING BOARD - 2/27/08

2 Mr. Levine: Andrew Levine, 22 Tudor

Lane, vice president of the Greenvale Green

3 Knolls Community Association that represents

about three hundred houses in Eastchester.

4 Compliments board. Explains there are about

thirty plus people here ready to speak. States

5 applicant is an investor who analyzed the

situation, assessed the risk, assessed the

6 profits to be made who has no skin in the town

of Eastchester, he builds, sells, takes his

7 profits and leaves the collateral damage for

the people of Eastchester to deal with. Feels

8 how the board rules today sets the tone for how

future developers will act. Feels the impact

9 of this application on the school system is

enough for the board to deny the special

10 permit. Discusses impact on school system.

Discusses number of children in each unit.

11 Feels comparisons that were done were not

accurate. Feels they are relying on resources

12 and data from 1989 and 1994. States now we're

talking extra classrooms, extra teachers and

13 extra taxes. Feels traffic is going to be a

nightmare with all of these residential units

14 plus the new development that's going up by the

animal hospital. States Chief Bonci is opposed

15 to the project because of its proximity to the

Greenvale School, he considers it too dangerous

16 for the school children. Discusses overcrowded

school buses. Explains Greenvale is getting so

17 overcrowded they asked parents to voluntarily

send their children to Ann Hutch. Discusses

18 student enrollment projection study. Feels

there is a significant impact on the schools

19 and community. Requests board not grant this

special permit.