Regular meeting held by the Town Board,
Town of Yorktown on August 1, 2006 held at
the Town Hall, Yorktown Heights, NY
Present: Linda G. Cooper, Supervisor
James Martorano, Councilman
Nicholas Bianco, Councilman
Matthew Metz, Councilman
Alice E. Roker, Town Clerk
Absent: Louis Campisi, Councilman
TOWN BOARD MEETING
Supervisor Cooper called the meeting to order.
DURING HER REPORT TO THE TOWN, Supervisor Linda G. Cooper advised residents who do not have air conditioning to go to one of the Town of Yorktown’s designated cooling centers, the Town Hall, the Yorktown Community and Cultural Center, the John C. Hart Memorial Library and the Jefferson Valley Mall. The heat wave may have been the cause of a transformer explosion today which caused many NYSEG customers to lose power. It was restored within three hours. The outdoor movie, Ella Enchanted which was scheduled to be shown on Thursday has been cancelled due to the weather forecast of storms. A local band, “Law and Disorder” will perform a free concert at the Gazebo on Sunday. The next concert features music from the group ABBA.
DURING REPORTS FROM THE TOWN COUNCIL, Councilman Bianco stated that negotiations are continuing in an effort to get Cablevision to air the Turner Movie Classic and Italian Channels on our cable system.
DURING COURTESY OF THE FLOOR, the following people addressed the Town Board:
Mr. Edward Ciffone discussed the Town Board’s recent meeting with its auditors. The town’s fund balance stands at 15% of the budget. He believes the Town should give residents a 3% rebate this year. He listed what he believed led to this large fund balance including a higher mortgage tax revenue.
Supervisor Cooper stated that the Town’s auditors thought we were underfunded, they believe the Town’s fund balance should be at 20%. She further stated that the Town Board budgets on a conservative basis. We use the surplus, to reduce taxes as well as to pay for capital improvements so that we do not incur any additional debt. She further stated that it is not the policy of the Board to respond to residents during Courtesy of the Floor, but she said that the UTY has sent out misinformation to the residents of Yorktown and she wanted them to get the correct information.
Mrs. Roxanne Johnson, a resident of Gomer Street thanked the Town Board in advance for its willingness to accept a compromise with regard to the Yorktown Farms Development.
Mrs. Gillian Tritter read a prepared statement for Walt Daniels, a member of the Yorktown Conservation Board and Open Space Committee who was unable to attend the meeting. Mr. Daniels stated that he believes that the Town Board should impose a moratorium on considering zoning changes until the Comprehensive Plan has been completed. He feels the are issues associated with both the proposed Yorktown Farms Sub Division and the Hog Hills Development which have yet to be addressed.
Mr. Paul Moskowitz, a resident of Hunterbrook Road had questions concerning The Town Board’s grant application to New York State to conduct a study on Hunterbrook Road.
Supervisor Cooper explained that the initial study led them to conclude that due to the large number of historical structures in that area, a more intensive study should be done. She apologized for not bringing this to the attention of the Hunterbrook Homeowner Association.
Mr. Howard Frank, a resident of Curry Street spoke about a letter he sent to the Town Board after it met with Con Edison and NYSEG during the winter. He stated that the questions he raised in the letter concerning the lack of backup or redundant connections between the two utilities have still not been addressed. He also stated that Con Ed now has a backup generator for the mall on Route 6.
Supervisor Cooper stated that the letter was sent to both utility companies and she thought they had responded to the questions that were raised in the letter. As for the generator on Route 6, that is not for a single commercial user, it is being used to backup the entire town as the utilities improve their infrastructure.
Mr. Alex Sverdolov, a resident of Mohegan Lake stated that he wanted to publically thank Councilman Bianco for all of his help in getting his neighbor to remove what he believe were dead trees. He stated that the legislation which the Councilman has proposed will enable the Town to get his neighbor to take down the trees.
Councilman Bianco stated that the Board will be discussing that proposal at an upcoming work session.
Mrs. Ann Kaufman, an officer of the UTY, stated her organization tries very hard to do its homework before it takes a position on a particular subject. She said seniors are being taxed to death and many may have to leave this town. We would like whatever help you can give us.
Mrs. Marie Panella, a resident of Jennifer Court stated that she wanted to thank the Board in advance of its vote tonight on Yorktown Farms. The fact that the Board has accepted their application for rezoning and is willing to compromise on issues such as allowing the builder to get 22 homes in return for building sewers has helped her neighborhood to heal.
PUBLIC HEARING
ARROWHEAD SUBDIVISION- USE FLEXIBILITY STANDARDS
Supervisor Cooper called to order a public hearing to discuss authorizing the Planning Board to apply flexibility standards pursuant to Chapter 300, Article V, Section 300-22 of the Code of the Town of Yorktown and consider a variance from the requirements of Chapter 255, Section 225-9 of the Code of the Town. The Town Clerk presented affidavits of printing and publication.
Mr. Albert Capellini, the attorney for the applicant explained that the Planning Board is permit to vary the zoning requirements as to lot frontage, side yard requirements, front and rear yard requirements, allowable coverage. This is done to promote the appropriate use of land and to preserve the natural and scenic qualities of the land. We are asking that the road width be varied because it will be a private road with no inter-road connections. We are asking for a grade differential of 14% rather than 10% for a portion of the road. The use of flexibility will not result in any additional building lots. We are asking for five. In 1990 a conventional sub division was approved on this site for six lots. The applicant is also willing to
donate approximately fifteen acres of land to add to Turkey Mountain.
Mr. Paul Moskowitz handed the Town Board written comments along with pictures which demonstrates what he called the malicious acts of this property owner. Mr. Moskowitz stated that he has hiked along the Blue Trail at Turkey Mountain for many years. Last year, the owner removed all of the Town’s directional signs. The applicant also painted no trespassing signs in day-glow markers. He believes the Town Board should order the graffiti removed and the blue trail signs replaced.
Mr. John Schroeder, a member of the Yorktown Land Trust stated that they stand in favor of approving the application. He asked that all development near Turkey Mountain be kept below the 600 contour line.
Mr. Howard Frank asked if the Fire Marshall has commented on this application.
Supervisor Cooper stated that the only aspect that is being discussed tonight is the request of the Planning Board to use flexibility on this sub division. The site plan will be done by the Planning Board at which time the Fire Marshall will be asked to comment.
Mr. Ed Ciffone stated that this application does a disservice to the Town because it allows you not to follow the rules. What happens to the wetlands, to the streams and steep slopes if we ignore the law?
Supervisor Cooper explained that the use of flexibility and clustering are generally thought to be more environmentally friendly.
Councilman Martorano asked if the applicant was willing to clean the graffiti from the property?
Mr. O’Keefe explained that he would be willing to clean the area up if everyone would acknowledge and respect the no trespassing signs.
All those present having been given the opportunity to be heard and there being no further discussion, the hearing was closed.
ARROWHEAD SUBDIVISION
USE FLEXIBILITY STANDARDS
RESOLUTION #366
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS, the Yorktown Planning Board currently is reviewing the application of 708 Underhill Ave., Corp. (hereinafter the “Applicant”) for approval of the proposed Arrowhead Subdivision; and
WHEREAS, the Yorktown Planning Board is the lead agency with respect to S.E.Q.R.A.; and
WHEREAS, after many months of review and evaluation, the Yorktown Planning Board has determined that it would be beneficial to apply flexibility standards pursuant to Chapter 300, Article V, Section §300-22 of the Code of the Town of Yorktown; and
WHEREAS, the Yorktown Planning Board has also determined that it would be beneficial to allow a variance from the requirements of Chapter 255, Section §255-9 of the Code of the Town of Yorktown, related to maximum grades of roads; and
WHEREAS, the Yorktown Planning Board has requested permission from the Town Board to apply flexibility standards pursuant to Chapter 300, Article V, Section §300-22 in order to promote development that is sensitive to the land by means of modifying the application of the zoning code’s bulk requirements with respect to yard setbacks, building height, lot frontage, lot coverage, lot area, and minimum floor area; and
WHEREAS, the proposed layout on which the Yorktown Planning Board is basing this request is for a maximum of five (5) building lots, accessed by a private road from Underhill Avenue; and
WHEREAS, proposed building lots 1 and 2 have frontage on Underhill Avenue, a public street; and
WHEREAS, the proposed layout design is possible only by eliminating the requirement that building lots 3, 4 and 5 have frontage on a public street and allowing frontage on a private road or drive; and
WHEREAS, the Yorktown Planning Board is proposing that the width of the private road or drive be reduced from the required 24 feet to 22 feet or less in order to minimize disturbance to the forested slope; and
WHEREAS, the Yorktown Planning Board has requested permission from the Town Board to allow a variance from the requirements of Chapter 255, Section §255-9, to minimize land disturbance by means of increasing the allowable grade for private drives from a maximum of 10% to a maximum of 14%; and
WHEREAS, a public hearing to consider these requests was convened on the 1st day of August, 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 Applicant has advised the Town Board that: (i) the subdivision plan will have no more than five building lots; (ii) any access easement given to the owners of property adjacent to 695 UNDERHILL AVE. (Section 48.0, Block 1, Lot 51) will be for the benefit of only one single-family dwelling and (iii) upon final subdivision approval by the Planning Board, the owner will donate approximately 15 acres of said property and; (iv) applicant will remove no trespassing and other posted markings from the property upon approval of this resolution; now therefore be it hereby
RESOLVED, that the request of the Yorktown Planning Board for permission to use flexibility standards pursuant to Chapter 300, Article V, Section §300-22, is granted in order to promote development that is sensitive to the land by means of modifying the application of the zoning code’s bulk requirements with respect to yard setbacks, building height, lot frontage, lot coverage, lot area, and minimum floor area; ; and be it further
RESOLVED, that the request of the Yorktown Planning Board for permission to use flexibility standards pursuant to Chapter 300, Article V, Section §300-22, to eliminate the requirement that building lots 3, 4 and 5 have frontage on a public street and to allow frontage on a private road or drive is granted; and be it further
RESOLVED, that the Yorktown Planning Board's request for permission to reduce the width of the private road or drive from the required 24 feet to 22 feet or less in order to minimize disturbance to the forested slope is granted; and be it further
RESOLVED, that the Yorktown Planning Board's request for permission to allow a variance from the requirements of Chapter 255, Section §255-9, to minimize land disturbance by means of increasing the allowable grade for private drives from a maximum of 10% to a maximum of 14% is granted; and be it further
RESOLVED, that the permission hereby granted for the use of flexibility standards pursuant to Chapter 300, Article V, Section §300-22, and to allow a variance from the maximum road grade requirements of Chapter 255, Section §255-9, is expressly predicated upon the condition that the private subdivision road shall be used to provide access for no more than a total of six residential structures on six building lots, viz.: the five building lots shown on the proposed plan for the Arrowhead Subdivision (to be built on tax parcel 48.13-1-6) and one building lot on the parcel immediately to the east (tax parcel 48.09-1-51, a/k/a 695 Underhill Ave.); and be it further
RESOLVED, that the permission herein granted is predicated and conditioned upon the Applicants adherence to and compliance with the representations set forth in the final WHEREAS clause above and as set forth in the letter from Applicant's attorney, Albert A. Capellini, dated July 25, 2006.
RESOLVED, that the Town Clerk is directed to circulate the Positive Declaration to all required and interested agencies and parties.
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
PUBLIC HEARING - JEFFERSON VILLAGE CONDOS
POND MAINTENANCE WETLANDS PERMIT
Supervisor Cooper called to order a public hearing to consider the application of Jefferson Owners Corp. for a wetland permit for property located at Jefferson Village - Condominium No. 8 for the purpose of restoring existing Detention Pond D. The Town Clerk presented affidavits of printing and publication.
Daniel Ciarcia, the applicant’s engineer explained that this application is part of what they hoped would be a general maintenance permit which would permit us to upgrade the drainage system in the complex. Part of the plan is to take the pond that sits between Condo 8 and Condo 3 and convert it to a dry pond which gives us a larger detention area with minimal improvements and to add a stone wall so the water won’t get out.
Mr. Ed Ciffone asked if the stone wall at the Condo would cause a problem like the stone wall a gentleman put up on his property on Greenwood Street which caused his neighbor’s home to flood.
Supervisor Cooper stated that the homeowner on Greenwood Street did work without a permit.
Bruce Barber, stated that the application will result in no net loss of wetlands.
All those present having been given the opportunity to be heard and there being no further discussion, the hearing was closed.
A discussion of the proposed resolution between representatives of the applicant, Bruce Barber and Councilman Bianco
JEFFERSON VILLAGE CONDOS
POND MAINTENANCE WETLANDS PERMIT
RESOLUTION #367
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS, the Town Board of the Town of Yorktown has received from JEFFERSON OWNERS CORPORATION (hereinafter, "JOC" or "Applicant") a Wetland Permit application (#WP-032-06) for the existing detention pond “D” within Jefferson Village, which would include dredging, regrading, sediment build-up removal, re-vegetation, pipe replacement, outlet structure repairs, rip-rap repairs, channel realignment and other incidental maintenance relating to the storm water system throughout the Applicant's complex; and
WHEREAS, the Applicant has submitted plans entitled "Preliminary_Existing Pond Restoration" prepared by Ralph G. Mastromonaco, P.E., P.C. dated August 9, 2006 (latest revision); and
WHEREAS, the Applicant's property is located at 3480 Hill Blvd. and is identified as Section 17.09, Parcel 1, Lots 72, 73 & 74 on the tax map of the Town of Yorktown; and
WHEREAS, the proposed work will be carried out within existing channels, ponds, culverts, pipes and adjacent grounds; 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 a short form Environmental Assessment Form which have been reviewed by the Town's engineering and environmental staff; and
WHEREAS, a public hearing was convened on August 1, 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, 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 Environmental Impact Statement will not be required; and be it further
RESOLVED, that the JOC'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 from all other regulatory agencies (if applicable) including but not limited to NYSDEC (including wetland and Phase II), ACOE, and NYCDEP, have been obtained or are not required prior to commencement of any work.
1. Satisfactory review of the plans by the Town Engineer.
2. Submission of an amended wetland permit application and short-form EAF which accurately describes the proposed work. All documents must be signed by the applicant or a letter must be provided by the owner which authorizes application by another party. Provide accurate tax identification on the documents.
3. Provide access route on plans to the dredge disposal area. Quantify approximate amount of material to be dredged from pond. If material is not to be removed from site, provide information regarding grading and stabilization of material.
4. Provide detail regarding dewatering. Specifically detail how sediment will be controlled and not pumped downstream.
5. Provide seed mix that will be used to stabilize exposed soil and create dry bottom wetland to the satisfaction of the Town Engineer.
6. Provide written documentation that conversion of this pond to a "dry bottom" structure will not result in deleterious downstream modification of stormwater flow to the Town Engineer.
7. A pre-construction meeting must be held at the site prior to the commencement of any work. The applicant or a representative must contact the Environmental Inspector (914) 962-5722 x262 to arrange this meeting.
8. A bond in the amount of $1,000 shall be posted as a condition of this permit and prior to the commencement of any work. The existing JOC bond may be used to satisfy this requirement. Bond will be released when a representative of the engineering department confirms that the site work has been completed as per approved plans and specifications and that vegetative growth has occurred and there is no exposed soil remaining.
9. 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 Town Engineer may upon review of the report, in writing direct the applicant to correct mitigation deficiencies noted in the report. If the applicant fails to correct the noted deficiencies within 60 days of the Town Engineer request, the Town may use the bond money to correct these deficiencies. The amount of bond money that has been used must be replenished to the original amount by the applicant. The inspection schedule is as follows:
1. At the time of completion of site preparation but prior to planting.
2. At the completion of plant installation
Fees for these inspections are to be $100.00 for each inspection. The applicant is required to submit the fee to the Town of Yorktown for all inspections ($200.00) prior to the commencement of work. Any fees that are not used will be returned to the applicant.
ADDITONAL CONDITIONS OF THE PERMIT
1. The above referenced reports, letters, plans and memos are incorporated into this permit by reference.
2. All erosion controls must be maintained during the construction and grow in period. Road surface must be kept free of mud and dust at all times.
3. The precise location of the plant materials shown on the approved plan shall be determined in the field with the Town Engineering Department. Prior to planting, an appointment (phone: 914-962-5722 x262) shall be scheduled by the applicant.
4. 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 shall be given to both the Town Board and the Town Environmental Inspector. The 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.
5. No planting substitutes must be made without the approval of the Town Engineer.
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
SET PUBLIC HEARING
WALTER AND JOANNE MOGROVEJO
WETLANDS PERMIT
RESOLUTION #368
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, on the 15th day of August, 2006 at 7:30 o'clock PM, or as soon thereafter as the same can be heard, to consider the application of Walter and JoAnne Mogrovejo for an Excavation Permit to restore property located at 2575 Colonial Street, Yorktown Heights, New York 10598 where more than fifty trees were removed. The plan is to restore the runoff characteristics of the property to its pre-disturbance condition. The plan also includes appropriate mitigation measures.
A copy of said proposal is on file in the office of the Town Clerk, at the said Town Hall, where the same may be inspected during regular office hours.
All persons in interest and citizens may be heard at the public hearing to be held as aforesaid.
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
SET PUBLIC HEARING - PROPOSED LOCAL LAW
CREATE CHAPTER 12 - RESTRICTING THE ASSIGNMENT OF BONDS
RESOLUTION #369
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
NOTICE IS HEREBY GIVEN that a public hearing will be reconvened by the Town Board, Town of Yorktown, Westchester County, New York at the Town Hall, 363 Underhill Avenue, Yorktown Heights, New York on the 15TH day of August, 2006, or as soon thereafter as the same can be heard, to consider a proposed Local Law adding Chapter 12 of the Code of the Town of Yorktown to restrict Assignment of Performance Bonds and other Bonds.
A copy of the proposed Local Law is on file in the office of the Town Clerk, at the said Town Hall, where the same may be inspected during regular office hours.
All persons in interest and citizens may be heard at the public hearing to be held as aforesaid.
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
RELEASE STREET OPENING PERMIT
REFUND MR. AND MRS. VICTOR
670 SHARON LANE
RESOLUTION #370
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
RESOLVED that upon recommendation of the Supt. of Highways authorization is hereby given for the release of the following:
Type of Permit Amount Refund to
Street Opening #005-007 $ 3,500.00
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
HOG HILL SUBDIVISION
CONSIDER MOTION TO ENTERTAIN APPLICATION
TO RE-ZONE
RESOLUTION #371
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS, Hog Hill Associates, LLC (hereinafter, the “Applicant”), contract vendee of a 93.5 acre parcel of land within the Town of Yorktown, designated on the Assessment Map for the Town of Yorktown as Section 70.15, Block 1, Lot 2 and Lot 3, and Section 70.11 Block 1, Lot 16, located along the southern border of the Town of Yorktown a sit borders the Town of New Castle, has heretofore filed an application to re-zone the property from R1-80 to RSP-2; and
WHEREAS, the Town Board has made a preliminary determination that the proposed action is a Type 1 action under the State Environmental Quality Review Act (“SEQRA”); and
WHEREAS, the Town Board has heretofore circulated its intention to act as Lead Agency to interested parties; 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 coordinated investigation of the impacts of the proposed action; and
WHEREAS, the Town Board has reviewed the Long Form Environmental Assessment Form and documents submitted in connection with the application, and upon review, be it hereby
RESOLVED, that the Town Board does hereby issue a Positive Declaration under SEQRA and hereby requires the applicant to submit a Draft Environmental Impact Statement (“DEIS”), the scope of which will be determined at a public meeting of the Town Board, after the applicant submits a proposed draft scope and the public and interested agencies have had the opportunity to review same; and be it further
RESOLVED, that the Town Clerk is directed to circulate the Positive Declaration to all required and interested agencies and
parties.
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
YORKTOWN FARMS SUBDIVISION
REQUEST FOR RE-ZONE - DECLARE LEAD AGENCY
RESOLUTION #372
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS, the V.S. Construction Corp. (“VS”) currently has an application pending before the Yorktown Planning Board for the Yorktown Farms Subdivision. VS is the owner in fee of certain real property located along Route 6 and at the end of Gay Ridge Road in the Town of Yorktown, State of New York, known and designated on the Town Tax Map as Section 6.17, Parcel 3 totaling approximately 43 acres (the “Property”); and
WHEREAS, VS has been processing its application for a 28 lot residential subdivision before the Planning Board, and has prepared and submitted to the Planning Board a Draft Environmental Impact Statement (“DEIS”) pursuant to the New York State Environmental Quality Review Act (“SEQRA”), which DEIS was accepted as complete and a public hearing was conducted thereon; and
WHEREAS, the Property was rezoned by the Town from the R1-20 District to the R1-80 District (the “Rezoning”); and
WHEREAS, on or about July 20, 2006, VS filed a Petition for the Rezoning of the subject Property from the R1-80 Zoning District into the R1-40 District; and
WHEREAS, in conjunction with said Rezoning, VS has proposed constructing no more than 22 single-family homes on the property, and has proposed the establishment of a no cost sewer district consisting of the Yorktown Farms Subdivision and 67 properties in the surrounding area, and has offered to pay all costs associated with the public sewers and sewage pump station associated with said project, together with a stipend of $3,000 to each of the property owners to defray the cost of connecting to the sewer; and
WHEREAS, said applicant has offered to move the soccer field off-site and has offered to bear the expense of the installation of a traffic light at the intersection of Route 6 and said development; and
WHEREAS, on July 25, 2006, at a work session meeting of the Town Board, the Board reviewed the request for the rezoning and discussed the processing of this application under SEQRA; and
WHEREAS, VS has filed with the Town additional plans, and a full Environmental Assessment Form under SEQRA (which incorporates by reference the DEIS prepared for the Project and submitted to the Planning Board); and
WHEREAS, the Town Board desires to assume Lead Agency status (“Lead Agency”) and conduct a coordinated review with respect to the review of the Rezoning request in accordance with Article 8 of the Environmental Conservation Law of the State of New York, and the regulations promulgated thereunder at 6 NYCRR Section 617.6(b).
NOW THEREFORE BE IT RESOLVED, THAT:
The Rezoning will require review pursuant to SEQRA, and the governing regulations promulgated thereunder.
The proposed action is an Unlisted Action under SEQRA.
The Town Board desires to assume Lead Agency status in connection with the SEQRA review of the Rezoning.
The Town Board directs that a Lead Agency coordination letter be circulated amongst the various involved and interested agencies, together with a distribution package, including the EAF, the Plans, and such other relevant information submitted by VS.
The Town Board further directs that this application for the Rezoning be referred to the Planning Board for review and recommendation in accordance with the Town Code.
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
AUTHORIZE PLANNING DEPARTMENT - APPLY FOR NYS
PARKS, RECREATION AND HISTORIC PRESERVATION FOR 2006
CERTIFIED LOCAL GOVERNMENT GRANT PROGRAM
HUNTERBROOK AND BAPTIST CHURCH ROAD AREA
RESOLUTION #373
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
Whereas, the Town of Yorktown Town Board authorizes the Planning Department to apply to NYS Office of Parks, Recreation and Historic Preservation for the 2006 Certified Local Government Grant Program for the HUNTERBROOK ROAD - BAPTIST CHURCH ROAD AREA Intensive - Level Survey.
Whereas, the Town of Yorktown Town Board will commit a matching share of 50 %, including donations, supplies, and/or materials and volunteer labor as needed to meet the requirements of the grant; be it
Resolved, that the Town of Yorktown Town Board authorizes the Planning Department to apply to NYS Office of Parks, Recreation and Historic Preservation for the 2006 certified Local Government Grant Program for the HUNTERBROOK ROAD - BAPTIST CHURCH ROAD AREA Proposal for Intensive Level Survey.
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
APPROVE ADOPTION
NATIONAL INCIDENT MANAGEMENT SYSTEM
RESOLUTION #374
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
WHEREAS, In Homeland Security Presidential Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and
WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and
WHEREAS, it is necessary that all federal, state, local and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and
WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state’s ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs, and
WHEREAS, the National Commission of Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System.
NOW THEREFORE, the Town Board does hereby declare that the National Incident Management System be utilized for all incident management in the Town of Yorktown.
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
REFUND DUPLICATE
TAX PAYMENTS
RESOLUTION#375
Upon motion by Councilman Bianco, seconded by Councilman Martorano,
RESOLVED, that records of the Receiver of Taxes indicate that the following duplicate payments were made:
Tax & Year Property Amount Refund to:
2005 Sch. 22 37.05-1-37 $3,758.01 GMAC Mortgage Corporation
3451 Hammond Ave.
Waterloo, IA 50702
2005 Sch. 22 27.05-2-15 $2,043.63 GMAC Mortgage Corporation
3451 Hammond Ave.
Waterloo, IA 50702
2005 Sch. 21 16.07-1-23 $1,493.41 Countrywide tax Services Corp.
7105 Corporate drive
Plano, TX 75024-997
2005 Sch. 22 36.11-1-38 $3,379.56 Dovemuehle Mortgage
1216 St. Charles Road
Elgin, IL 601120
2006 Sch. Town/Cty 17.18-2-77 $5,176.87
2005 Sch. 21 17.10-1-45 $2,000.32
Cooper, Bianco, Martorano, Metz voting aye
Resolution adopted.
DURING COURTESY OF THE FLOOR, the following residents addressed the Town Board.
Mr. Ed Ciffone again asked the Board to return the fund balance in the form of 3% rebates to property owners. He also spoke about the former Police Chief’s salary as well as the Cable Franchise Fee. Mr. Ciffone also questioned how the Town came up with its original estimate on what property owners with sewers living in the Hallock’s Mill Sewer District would have to pay as oppose to the $200 it spoke about last night. He stated that the Town’s original estimate was $1,500.
Supervisor Cooper explained that New York City had given the Town an additional $10 million.
Mr. Howard Frank spoke about a letter he sent to the Public Service Commission asking for a refund of the $42,600 the Town of Yorktown paid NYSEG to upgrade a primary single phase single conductor power line main feeder and reconstruct it to 3 phase. He stated that he has received an answer from the PSC which states that because the Town paid the money, the Town should request a refund.
Mr. Nick DiTomasso asked the Supervisor to listen to residents instead of always talking.
ADJOURN
Upon motion by Councilman Campisi, seconded by Councilman Metz and carried, the meeting was adjourned.
Alice E. Roker
Town Clerk
| 
