Work Session held by the Town Board, Town of Yorktown on
March 14, 2006, held at Yorktown Town Hall, Yorktown Heights, NY
Present: James Martorano, Deputy Supervisor
Nicholas Bianco, Councilman
Matthew Metz, Councilman
Louis Campisi, Councilman
Absent: Linda Cooper Supervisor
EXECUTIVE SESSION
At 7:20 p.m., Councilman Bianco moved, seconded by Councilman Campisi, to move into Executive Session to discuss personnel matters, conduct interviews of candidates for advisory boards and receive litigation briefing. Councilman Metz moved, seconded by Councilman Campisi, to move out of Executive Session and proceed with the Work Session.
WORK SESSION
Deputy Supervisor James Martorano called the meeting to order. Town Attorney Kevin Sweeny was also present.
TOW BID AWARD
RESOLUTION #154
Upon motion made by Councilman Bianco, seconded by Councilman Campisi,
RESOLVED that the Town Supervisor is hereby authorized to sign the 2006 Towing Services License Agreement between the Town of Yorktown and Yorktown Auto Body, Inc. This Agreement sets out the exclusive license terms and conditions under which Yorktown Auto Body will provide towing and emergency repair services on calls generated by the Yorktown Police Department.
Martorano, Bianco, Campisi and Metz voting aye.
Resolution adopted.
FORKLIFT BID AWARD
RESOLUTION #155
Upon motion made by Councilman Bianco, seconded by Councilman Campisi,
WHEREAS the following bids were received and opened on March 13, 2006 for a new forklift and trade in of existing forklift for the Environmental Conservation Department:
VENDOR NEW FORKLIFT TRADE IN BID TOTAL BID
Summit Handling Inc. $22,449.00 $3,000.00 $19,449.00
Attn: Jim Balbassano
3 Westchester Plaza
Elmsford, NY 10523
Empire Forklift Inc. $22,200.00 $2,500.00 $19,700.00
Attn: Larry
P.O. Box 108
Bloomingburg, NY 12721-0108
Nissan Lift of New York $22,415.00 $ 750.00 $21,665.00
Attn: Neal Bensley
P.O. Box 668
420 Highland Ave. Ext.
Middletown, NY 10940
RESOLVED, that the bid be awarded to Summit Handling Inc., the lowest bidder, in the amount of $19,440.00.
Martorano, Bianco, Campisi and Metz voting aye.
Resolution adopted.
APPROVAL OF JEFFERSON VILLAGE
CONDO 9 WETLANDS PERMIT
RESOLUTION #156
Upon motion made by Councilman Bianco, seconded by Councilman Campisi,
WHEREAS, the Town Board of the Town of Yorktown has received from JEFFERSON OWNERS CORPORATION and JEFFERSON VILLAGE CONDOMINIUM 9 (hereinafter, “JOC/Condo~9" or “Applicants”) an application for a Wetlands Permit to allow drainage channel restoration and improvement in a wetland and wetland buffer area on the Applicants' property as depicted on the plans entitled "Preliminary Drainage Improvements Jefferson Village Condominium 9" prepared by Ralph G. Mastromonaco, P.E., P.C. dated June 28, 2005 (latest revision dated February 15, 2006); and
WHEREAS, the Applicants, JOC/Condo 9, property is also known as Section 17.09, Parcel 1, Lots 14, 40 & 67 on the tax map of the Town of Yorktown; and
WHEREAS, the Town Board of Town of Yorktown has previously determined:
1. That the proposed action required SEQRA review;
2. That the proposed action is Unlisted;
3. That the Town Board wished to assume Lead Agency status in connection
with the SEQRA review of the proposed action; and
WHEREAS, the Town Board declared, and circulated a declaration of, its intent to act as Lead Agency in connection with all processing, procedures, determinations and findings to be made or conducted with respect to the Wetlands Permit application under Section 8-0101, et. seq. of the Environmental Conservation Law (“SEQRA”) and the regulations promulgated by the New York State Department of Environmental Conservation thereunder, which appear at 6 N.Y.C.R.R. Part 617.6(b) (the “SEQRA” Regulations); and
WHEREAS, no involved agency challenged the Town Board's lead agency status; and
WHEREAS, said application was circulated for review and comments were received from the Engineering Department, the Conservation Board, and the Environmental Code Inspector; and
WHEREAS, the Applicants' engineer has submitted both a short form and long form Environmental Assessment Form which have been reviewed by the Town's engineering and environmental staff; and
WHEREAS, a public hearing was convened on March 7, 2006, during which public hearing the Applicants presented information and arguments in favor of granting the permit and members of the surrounding neighborhood and the public at large were afforded the opportunity to present information and express their views concerning the application; and
WHEREAS, the Town Board finds that the Applicants' plans, as revised to incorporate recommendations of the Engineering Department and the Conservation Board, minimize potential environmental impacts; now therefore be it
RESOLVED, the Town Board, as lead agency, has determined that the proposed action described above will not have a significant environmental impact and a Draft Environmental Impact Statement will not be required; and be it further
RESOLVED, that the JOC/Condo 9's Wetlands Permit application is approved subject to the following conditions:
‚ Applicants must sign and date all indicated pages of the Wetland Permit Application form.
‚ All plans in connection with this permit must be signed and sealed by a NYS Licensed Professional Engineer.
‚ Applicants shall post a $1,000.00 Erosion Control Bond prior to commencement of work which bond shall be held by the Town until the time of completion of construction and satisfactory stabilization of all exposed surfaces as determined by the Town Engineer. Stabilization shall be defined as complete vegetative cover or cover of all exposed surfaces with erosion blankets and/or seed and mulch as determined to be adequate by the Town Engineer. All disturbed soil surfaces are to be stabilized within 48 hours of exposure.
‚ Applicants must submit to the Town Engineer written verification that all applicable NYSDEC (including Phase II), NYCDEP, Westchester County and ACOE requirements, if any, have been met and all required permits, if any, have been obtained prior to commencement of work.
‚ Plans entitled "Preliminary Drainage Improvements Jefferson Village Condominium 9" prepared by Ralph G. Mastromonaco, P.E., P.C. dated June 28, 2005 (latest revision dated February 15, 2006) are incorporated into this permit by reference.
‚ Applicants are to submit limits of disturbance, erosion and sediment control plan, and detailed phasing plan to the satisfaction of the Town Engineer.
‚ Applicants shall utilize procedures and materials for proper erosion and sediment control consistent with the standards and specifications outlined in the latest revised version of the “NEW YORK STATE STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROL.”
‚ Applicants' engineer shall detail all of the work being proposed by Applicants and shall provide a legend of the proposed work showing all symbols and limits of same, satisfactory in form and substance to the Town Engineer.
‚ Applicants' engineer shall detail what is being proposed for the tributary channel at the south end of the project area.
‚ Applicants' engineer shall detail what procedure is being proposed as “stabilization” of the stream channel ( i.e. - matting, vegetative, etc.) and specify what material is being placed under the miraffi fabric shown on the proposed plans.
‚ Applicants' engineer shall detail on the drawings where the storage/stockpile of material is to placed and what erosion control measures are to be used to prevent erosion and runoff.
‚ Applicants' engineer shall supplement proposed plans to provide erosion and sediment control notes for phasing and stabilization.
‚ A pre-construction meeting is to be held after approved temporary erosion controls and limits of disturbance are installed but prior to the commencement of any additional site work. Applicant is to contact Town Environmental Inspector at (914) 962-5722 x262 at least 72 hours prior to the desired commencement of work.
‚ If there is to be access to the site from Trudy Lane R.O.W. , a satisfactory detail of the work to be performed must be submitted to the Town Engineer.
‚ Applicants shall hire an Environmental System Planner, or other certified professional satisfactory to the Town Engineer, to supervise all phases of construction. The Environmental System Planner, or other certified professional, must provide written reports on a weekly basis to the Town Board and Town Engineer regarding progress, conditions of the erosion controls on the site and compliance with this permit.
‚ Orange construction fencing shall be erected in the field along limit of disturbance lines during all work pursuant to this permit.
‚ During the transport of stone onto or around the site, all trees over 8" in diameter shall be buffered at least 5 feet to protect trunk and root ball.
‚ As sections of the channels are completed, the adjacent disturbed areas shall be final graded and stabilized with a hydro-seed and/or bonded fiber matrix (BFM ) to ensure proper stabilization. All disturbed areas shall be covered with mulch on a daily basis at the end of each day.
‚ Applicants shall complete all work related to the temporary stream crossing and use of the temporary culvert pipe within ninety days of commencement; provided, however, that said ninety day period shall be subject to reasonable extension, in the sole discretion of the Town Board, upon written presentation by Applicants of sufficient justification for delay. Any request for extension must be made prior to the expiration of the initial ninety day period.
‚ In advance of the pre-construction meeting and in advance of the receipt of NYSDEC approval of a stormwater pollution prevention plan Applicants shall be permitted to deliver to and stockpile on the site the supply of stone to be utilized in lining the channels.
Martorano, Bianco, Campisi and Metz voting aye.
Resolution adopted.
DECLARATION OF LEAD AGENCY
HOG HILL APPLICATION
RESOLUTION #157
Upon motion made by Councilman Bianco, seconded by Councilman Campisi,
Whereas Hog Hill Associates, LLC (hereinafter, the "Applicant"), contract vendee of a 93.5 acre parcel, also known as Section 70.15B1.1 Lot 2, Section 70.15B1.1 Lot 3 and Section 70.11 B1.1 Lot 16 located along the southern border of Yorktown and the Town of New Castle seeks to rezone the land from R1-80 to RSP-2; and
Whereas the Applicant is seeking the rezoning of the parcel in order to construct an age-restricted, active adult community consisting of 195 townhouse units in clusters; and
Whereas the Town Board has made a preliminary determination that the proposed action is an Unlisted Action under the State Environmental Quality Review Act (SEQRA); and
Whereas the Town Board deems it appropriate to undertake a coordinated review pursuant to SEQRA; and
Whereas the Town Board is the primary local agency involved in the undertaking of the proposed action and has the broadest governmental powers for the investigation into the impacts of the proposed action; be it hereby
RESOLVED that the Town Board does hereby declare its intent to act as lead agency for the purpose of reviewing the environmental impact of the proposed action pursuant to the SEQRA.
Martorano, Bianco, Campisi and Metz voting aye.
Resolution adopted.
ADJOURN
Upon motion by Councilman Campisi, seconded by Councilman Bianco and carried, the meeting was adjourned.
Minutes taken by
Town Attorney,
Kevin Sweeny
| 
