Work Session meeting held by the Town Board,
Town of Yorktown on June 27, 2006 held at
Yorktown Town Hall, Yorktown Heights, NY
Present: Linda G. Cooper, Supervisor
James Martorano, Councilman
Nicholas Bianco, Councilman
Matthew Metz, Councilman
Louis Campisi, Councilman
Alice E. Roker, Town Clerk
EXECUTIVE SESSION
Councilman Bianco moved, seconded by Councilman Campisi to move into Executive Session to discuss the employment of particular persons and conduct interviews for Labor Counsel.
Councilman Bianco moved, seconded by Councilman Campisi to move out of Executive Session and proceed with the Work Session.
WORK SESSION
Supervisor Linda G. Cooper called the meeting to order.
BRANNIGAN EXCAVATION PERMIT
RESOLUTION #333
Upon motion made by Councilman Martorano, seconded by Councilman Bianco,
Mr. Robert Brannigan explained that the conditions placed in his excavation permit (issued in 2005) have made it impossible for him to begin work on his project.
The Town Board agreed to an additional resolution which would allow him to do testing
to receive Board of Health approval for his building lot.
WHEREAS, on January 17, 2006, the Town Board adopted Resolution #30 granting Robert M. Brannigan an Excavation Permit with respect to property located on Delaware Road, Mohegan Lake; and
WHEREAS, one of the stated conditions of that Excavation Permit was that “No work may be undertaken at the site prior to obtaining a building permit;” and
WHEREAS, Mr. Brannigan has advised the Town Board that he cannot obtain a building permit without first obtaining Westchester County Health Department approval of his proposed septic system; and
WHEREAS, Mr. Brannigan has further advised the Town Board that he must do certain drainage-related work on the site in order to be able to obtain Westchester County Health Department approval of his proposed septic system; and
WHEREAS, the Town Building Inspector and the Town Environmental Code Inspector have corroborated Mr. Brannigan’s statements regarding his need to do certain drainage-related work on the site in order to be able to obtain Westchester County Health Department approval of his proposed septic system; and
WHEREAS, Mr. Brannigan has requested the Town Board to modify the conditions of his Excavation Permit to the limited extent necessary to do certain drainage-related work on the site prior to obtaining a building permit in order that he may be able to obtain Westchester County Health Department approval of his proposed septic system; and
WHEREAS, the Town Environmental Code Inspector has advised the Town Board that the contemplated work does not alter the environmental analysis previously performed pursuant to SEQRA prior to approval of the Excavation Permit; now therefore be it hereby
RESOLVED that condition stated in Excavation Permit issued on January 17, 2006, to the effect that “No work may be undertaken at the site prior to obtaining a building permit” is hereby modified to the limited extent necessary to allow Mr. Brannigan to do certain drainage-related work on the site, prior to obtaining a building permit, in order that he may be able to obtain Westchester County Health Department approval of his proposed septic system; and be it further
RESOLVED that prior to performing any site work authorized by this Resolution, Mr.~Brannigan shall submit for approval by the Town Engineer a drawing detailing the work to be performed and the manner in which it will be performed.
Cooper, Martorano, Bianco, Metz, Campisi voting aye
Resolution adopted.
ZONING BOARD OF APPEALS
JOINT MEETING
Peggy Derevlany, Chairman, Gregory Bucci, Howard Orneck, Robert Fahey and Gordon Fine joined the Town Board.
Supervisor Cooper stated that this conversation was to help the Zoning Board understand the decisions made by the Town Board which resulted in the Comprehensive Plan.
Councilman Metz began the decision by asking what the Zoning Board needed if anything to accomplish the goals set in the Comprehensive Plan?
The Town Board questioned the granting of area variances in Mohegan Lake. They further suggested that these actions appear to be contrary to the Town Code.
Various members of the Zoning Board including the Chairperson, Peggy Derevlany explained their responsibilities as a Board. They explained that their deliberations center around the answers to five questions when granting an area variance. They further stated that the Town Board could provide the ZBA with testimony or written comment when it believes an area variance is contrary to the goals set out in the Comprehensive Plan.
Supervisor Cooper stated that the Planning Director, and Town Attorney would work together on a draft memorandum which would be brought back to the Town Board in a work session with language expressing the goals of the Comprehensive Plan that could be used by the Zoning Board of Appeals.
WATER FOWL LEGISLATION
Members of the Yorktown Lake Council, Dan Thaler and Peggy Derevlany and Mr. Michael Vartabedian, an attorney representing Mr. Gary Lunquist participated in this discussion.
Supervisor Cooper stated that the Town Board requested that waterfowl which homeowners considered pets is now exempt from the law.
Mr. Dan Thaler, President of the Shrub Oak Park District Association stated that Shrub Oak Lake which was recently dredged is impacted by pollutants coming from a source upstream. The association has spent a lot of money to keep geese off their property. He feels these geese are detrimental to the enjoyment of people in the neighborhood.
Mr. Vartabedian stated that his client owns property upstream from Shrub Oak Lake. No one has ever presented any evidence that his client has done anything wrong. In fact, the DEC has visited his property and has never had a problem with anything. Mr. Vartabedian further stated that constitutionally, the Town Board cannot impose this law. He stated you can impose this law on public property, but, not private property.
The Board members asked that the Town Attorney rewrite the legislation and limit the feeding to public property. This will be placed on the next agenda for a public hearing at the end of July.
COMMUNITY BENEFIT LEGISLATION
Mr. Val Santucci, owner of Yorktown Farms and Mr David Steinmetz, the attorney for the development appeared before the Town Board.
Mr. Steinmetz stated that he was asked by the Town Supervisor to write this legislation for your consideration. He stated that State lawmakers have passed enabling legislation which makes it possible for local governing bodies to relax municipal laws if applicants could provide community benefits such as sewers, roads or affordable housing.
Supervisor Cooper stated her only goal in presenting this legislation is to help homeowners in the area get sewers.
Mr. Steinmetz stated that when his client purchased the property, the former owners were processing an application for a 37 lot sub division. He further stated that his client’s initial request was for a 34 lot sub division. After working with the Planning Board, the total number of lots now been reduced to 22 lots. Mr. Steinmetz also stated that the surrounding neighborhood, with the exception of his client’s property is built on one half acre lots. Mr. Santucci can provide 67 surrounding property owners with sewers. Of that total, 52 property owners have agreed to the sewering. He is asking that the Town Board reconsider its rezoning of this property from one half acre to two acres. Mr. Steinmetz
further stated that it didn’t matter whether its accomplished through rezoning or adopt the community benefits legislation. He added that his client is also willing to have his access road located at Route 6 and close off Gay Ridge Road and leave it for emergency access only. He is also willing to relocate the soccer field to wherever the Town Board chooses. Sewering will benefit the environment and is what the community wants.
Councilman Bianco stated that he has problems with the proposed legislation. It believes the property being discussed in the legislation is property north of Route 202. The Town of Yorktown adopted a density bonus law in the late 1980's which was similar to the legislation that Mr. Steinmetz was suggesting. The density bonus law was overturned in 1994. The Councilman went on to tell Mr. Santucci that if he wanted a zone change, he should submit an application and pay the $100.00 fee.
Councilman Campisi agreed with Councilman Bianco that the proposed law was similar to the law permitting density bonuses. He also suggested that Mr. Santucci file an application which includes the sewering and new access to the property.
Councilman Metz also opposed the proposed legislation saying it encourages horse trading. He said a balanced needs to be achieved that will benefit the entire community. Councilman Metz also suggested that Mr. Santucci file an application requesting a zone change.
Councilman Martorano also opposed the community benefit legislation. He too suggested that Mr. Santucci hand in an application requesting a zone change with the conditions, sewering, change in access road and change in location of soccer field which was previously discussed.
The Town Board did not agree to refer the proposed legislation out.
WETLANDS ORDINANCE
Bruce Barber, the Wetlands Code Enforcement Agent explained the two proposed amendments to the town code. According to Mr. Barber, both of the proposals would expedite the process of residents getting permits.
The Town Board agreed to refer the legislation out at its next meeting.
NOISE ORDINANCE LEGISLATION
Mr. Joseph Hughes, the Building Code Enforcement Agent stated that he continually gets complaints regarding noise and because the current legislation is vague, he is requesting the changes specified in the proposed amendment.
The Town Board agreed to refer the legislation out at its next meeting.
MOHEGAN LAKE STREETSCAPE I
LEXINGTON AVENUE TO HORNE CIRCLE
APPLICATION REQUESTING CDBG GRANT OF $213,170
RESOLUTION#334
Upon motion made by Councilman Martorano, seconded by Councilman Bianco,
WHEREAS the Town of Yorktown is a member of the Westchester County Urban County Consortium; and
WHEREAS Westchester County solicits applications from Consortium members for the Community Development Block Grant (CDBG) program every three years; and
WHEREAS the CDBG application deadline for the fiscal year 2006-2008 funding cycle is June 1, 2005; and
WHEREAS a public information session regarding the Town’s proposed CDBG applications was held on May 17, 2005; and
WHEREAS the Town Board authorized the submission of the CDBG applications by a resolution at its meeting held on May 17, 2005 and dated May 18, 2005; and
WHEREAS the Town submitted a CDBG application to Westchester County titled “Mohegan Hamlet Streetscape Design I, Lexington Avenue to Horne Circle” and dated 6/01/05; and
WHEREAS Westchester County requires that the Town Board adopt a resolution stating the amount of the CDBG grant requested in the application and stating the amount to be contributed by the municipality per project; be it hereby
RESOLVED that the Town Board endorses the application titled “Mohegan Lake Streetscape I, Lexington Avenue to Horne Circle,”requesting a CDBG grant of $213,170 and authorizing the Town to contribute not more than $106,600 through bonding, in-house services and private contributions.
Cooper, Martorano, Bianco, Metz, Campisi voting aye
Resolution adopted.
QUINLAN STREET PUMPING STATION
PROJECT COST INCREASE
RESOLUTION #335
Upon motion made by Councilman Martorano, seconded by Councilman Bianco,
RESOLVED that the Town Board approves Change Order #1 for construction of the Booster Pumping Station located at Quinlan Street. The Change Order increases the cost of Capital Project #06-2W by $24,747.00 for a total project cost of $198,610.00. Change Order #1 will cover the cost of Westchester County Health Department modifications to the original Capital Project specifications.
FURTHER RESOLVED that the Town Board has determined that it is not necessary to re-bid the awarded contract for Capital Project #06-2W. The winning bidder remains low bidder even with the addition of the $24,747.00 Change Order.
Cooper, Martorano, Bianco, Metz, Campisi voting aye
Resolution adopted.
TOWN BOARD MEETING AGENDA
The Board discussed the July 5, 2006 Town Board meeting agenda.
ADJOURN
Upon motion by Councilman Campisi, seconded by Councilman Metz and carried, the meeting was adjourned.
Alice E. Roker
Town Clerk
Town of Yorktown
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