Work Session meeting held by the Town Board,
Town of Yorktown on July 11, 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
Absent:
WORK SESSION
Supervisor Linda G. Cooper called the meeting to order. Deputy Town Clerk Diana L. Quast and Town Attorney Kevin Sweeny were also present.
NORTHERN WESTCHESTER JOINT WATER WORKS
Ray Reber and Jeff Wynans were present to update the Board on the Northern Westchester Water Works. The Board decided to keep everything the same at this time.
HOLLAND SPORTING CLUB
The Parks and Recreation Commission was present to discuss its recommendations for the Holland Sporting Club. The Recreation Commission has recommended that the buildings be taken down and the area be used as passive parkland. The Board agreed.
TACONIC FUEL SPECIAL USE PERMIT
Tavsif Paracha was not present from Taconic Fuel to discuss with the Board a request for new signage. The Board agreed to wait until a site plan was received before making any decisions on this special use permit.
J.P. MORGAN CHASE/JEFFERSON VALLEY MALL SIGN PERMIT
Albert Capellini, Esq., representing J.P. Morgan Chase/Jefferson Valley Mall was present to discuss with the Board a request to replace existing signage. The Board agreed to place this issue on the July 18, 2006 Town Board meeting agenda.
OLD STONE CHURCH WETLAND PERMIT
EAST MAIN STREET
Tom DeChiaro was present to request a wetlands permit to build a structure at the rear of the Old Stone Church building. The Board suggested that Mr. DeChiaro provide a site plan for a residential use rather then farm use in order to move this project forward. Mr. DeChiaro stated that he does not want his property historically landmarked at this time. Mr. DeChiaro will change his site plan and resubmit.
MANA WETLAND PERMIT
2530 GREGORY STREET
RESOLUTION #349
Upon motion made by Councilman Martorano, seconded by Councilman Metz,
WHEREAS, the Town Board of the Town of Yorktown has received from Edward J. Mana and Dyanna Mana (hereinafter collectively referred to as the “Applicant”) an application (#027-06) for a wetlands permit to allow construction of a two-story house addition,
deck and patio; expansion of an existing driveway; relocation of an existing shed; relocation of an existing pool and expansion of the existing pool deck all within the 100’ wetland control area of Town of Yorktown jurisdictional wetlands (the “Proposed Action”); and
WHEREAS, the Proposed Action will occur on property located at 2530 Gregory Street, which property is identified on the tax map of the Town of Yorktown as section 27.18 Block 2 Lot 44; and
WHEREAS, the Town Board of Town of Yorktown has previously made the following determinations:
1. That the Proposed Action requires 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 to the Town Engineering Department, the Town Conservation Board, the Town Planning Board and the Town Environmental Code Inspector; and
WHEREAS, the Town Board received a memo from the Conservation Board dated 6-5-06 and memos from the Engineering and Planning Departments dated 6-6-06 and 6-30-06; and
WHEREAS, the Applicant has submitted an appropriate Environmental Assessment Form (EAF) which has been satisfactorily reviewed by the Town's Environmental Code Inspector and the Conservation Board; and
WHEREAS, the Applicant has also submitted to the Town Board a letter dated 6-7-06 from Environmental Compliance Services, Inc.; a plan entitled “Project Mitigation Plan for Ed Mana” dated 6-7-06 (rev). (the “Plan”); and a letter from Edward J. Mana dated 6-9-06; and
WHEREAS, a public hearing was convened on the 5th day of July 2006, at 7:30 o’clock PM, during which public hearing the Applicant 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 Proposed Action will involve 3,021 square feet of wetland buffer which presently serves as lawn surface; and
WHEREAS, the Applicant proposes to create 496.5 square feet of new wetlands and 2,721.5 square feet of wetland buffer enhancement in the area of existing lawn surface adjacent to the wetlands, for a total mitigation area of 3,218 square feet; and
WHEREAS, the Town Board finds that the Applicant's plans, as revised to incorporate recommendations of the Engineering Department, the Conservation Board, and the Environmental Code Inspector, 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 adverse environmental impact and a Draft Impact Statement will not be required; and be it further
RESOLVED, that the Applicant's Wetlands Permit application is approved subject to the following conditions:
CONDITIONS THAT MUST BE MET PRIOR
TO THE COMMENCEMENT OF ANY WORK
1. Applicant must submit to the Town Engineer written verification that required permits (if any) from all other regulatory agencies including (but not limited to) New York State Department of Environmental Conservation (NYSDEC) (including wetland and Phase II), U.S. Army Corp of Engineers (ACE), New York City Department of Environmental Protection (NYCDEP), Town of Yorktown Zoning Board of Appeals (ZBA) and Town of Yorktown Building Department have been obtained or are not required.
2. Items contained in the 6-30-06 memo from the Engineering and Planning Departments must be satisfied to the satisfaction of the Town Engineer.
3. Provide to the satisfaction of the Town Engineer: (a) drywell overflow pipe details, discharge location and energy dissipation on the plans; (b) limit of disturbance; (c) location of and erosion control detail for stock pile material; (d) construction de-watering plan for the proposed basement area and discharge location; (e) plans that detail that the size of the wetland mitigation trees and shrubs expressed in caliper (i.e.: 2” caliper).
4. A pre-construction meeting must be held at the site. The applicant or a representative must contact the Environmental Code Inspector by phone at (914) 962-5722 ext. 262 to arrange this meeting.
5. The location of the NYSDEC wetland and wetland buffer as well as the NYSDEC wetland certification block shall be shown on the plans, if required by the NYSDEC.
6. A bond in the amount of $5,000 shall be posted as a condition of this permit. The bond shall be released after a five-year period measured from the date of the issuance of the Certificate of Occupancy after the Town Engineering Department has verified that there has been no less than 85% survival of plant material shown on the as-built map. The owner grants permission to the Town to periodically inspect the plant material to insure compliance.
ADDITIONAL CONDITIONS OF THE PERMIT
7. All erosion controls must be maintained at all times during the construction and grow- in period. Road surface must be kept free of mud and dust at all times.
8. Prior to any planting, the precise location of the plant materials shown on the approved plan shall be determined in the field by a representative of the Engineering Department. The Applicant or a representative must contact the Engineering Department by phone at (914) 962-5722 ext. 262 to arrange an appointment prior to any planting.
9. During construction, a log of erosion and sediment control inspection reports must be maintained. These inspections will be conducted on a bi-weekly basis and in addition, after every ? inch or greater rainfall as measured and reported at the Westchester County Airport over a continuous 24 hour period The written report will detail progress and conditions on the site including (but not limited to) the erosion and sediment controls and wetland mitigation areas. Inspection and reporting shall commence as of the date of the pre-construction meeting. Inspections may be conducted by the applicant or an agent of the applicant.
10. Regular inspections of the wetland mitigation area must be conducted by a representative of the Engineering Department and reports detailing the findings of these inspections must be submitted to the Town Clerk within 30 days of the date of the inspection. The inspection schedule shall be as follows:
a) At the time of completion of site preparation but prior to planting.
b) At the completion of plant installation
c) One year after the date of the issuance of the certificate of occupancy.
d) Three years after the date of issuance of the certificate of occupancy.
e) Five years after the date of issuance of the certificate of occupancy.
Applicant shall pay a fee of $100.00 for each inspection. The applicant is required to submit the fee for all five inspections ($500.00) to the Town prior to the commencement of work. Any fees that are not used will be returned to the applicant.
11. Following review of any inspection report, the Town Engineer may direct the applicant in writing to correct any mitigation deficiencies noted in the report. If the applicant fails to correct the noted deficiencies within 60 days of the Town Engineer's directive, the Town may use the bond money to correct these deficiencies. The amount of bond money so used must be replenished by the applicant within 21 days.
12. No planting substitutes may be made without the prior written approval of a representative of the Engineering Department.
13. Driveway expansion and patio surface must remain pervious material. Decks will not be covered with a permanent roof surface.
14. Line shown as “Future Construction” in the legend area of the Plan shall consist only of the decks as shown. This permit is applicable only to the items detailed in the wetland permit application. Any work outside the scope described in the wetland permit application will require a new permit.
Cooper, Martorano, Bianco, Metz and Campisi voting aye
Resolution adopted.
BRICK WORK AT PUBLIC SAFETY PLAZA
Highway Superintendent Eric DiBartolo was present to discuss with the Board the options for replacing bricks at the Courthouse and Police Station. The Board agreed to use stamped concrete to replace the existing cement and blocks that are deteriorating at the Courthouse and Police Station.
ARROWHEAD SUBDIVISION
UNDERHILL AVENUE
Director of Planning John Tegeder was present to discuss with the Board a request to reconsider flexibility and road variance for up to 5-lot subdivision.
The Board was in majority to reconsider this request from the Planning Board. Mr. O’Keefe was present and would like to donate approximately 15 acres to the town which would abut his subdivision. Some of this property is contiguous to the Turkey Mountain property. The Board agreed to place this issue on the next July 18, 2006 Town Board meeting agenda.
TOWN BOARD MEETING AGENDA
The Board discussed the July 18, 2006 Town Board meeting agenda.
ADJOURN
Upon motion by Councilman Campisi, seconded by Councilman Metz and carried, the meeting was adjourned.
Diana L. Quast
Deputy Town Clerk
Town of Yorktown
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