Planning Board Minutes 11/18/03


A regular meeting of the Planning Board of the Village of Croton-on-Hudson, New York was held on Tuesday, November 18, 2003 in the Municipal Building.

        MEMBERS PRESENT:        Ann Gallelli, Chair
                                        Fran Allen
Ted Brumleve
Thomas Burniston
                                        Joel Klein      
                 ALSO PRESENT:  Daniel O’Connor, P.E., Village Engineer

1.  Call to Order:

The meeting was called to order at 8:00 P.M. by Chairman Gallelli.


Sky View Haven Associates – 1280 Albany Post Road (Sec. 67.18 Blk. 1 Lot 2) – Application for Amended Site Plan Approval

Mike Bergen, Superintendent of Grounds for the Sky View Haven Nursing Home, was present for this application.

Chairman Gallelli stated that tonight’s public hearing is for approval of an Amended Site Plan for two existing sheds on the Sky View Haven Nursing Home property.  

Mr. Bergen stated that, as requested at the last meeting, his recently submitted (revised) plan shows the concrete pads for the existing sheds and the chain link fence.  A Short Environmental Assessment Form (EAF) has also been submitted.

Chairman Gallelli noted that there is no one present from the public tonight.  She asked the members of the Planning Board if they had any comments.  

Mr. Klein noted that, at the last meeting, Ms. Allen had expressed concerns about what materials would be stored in these two buildings (sheds).  He recalled that the Planning Board had asked the Applicant to provide a list of chemicals that would be stored.  Mr. Burniston noted that, in the Applicant’s letter dated October 16, 2003, the Applicant mentions what the sheds are used for.  The sheds are (will be) used for the storage of hand tools, small equipment, bulk storage of bags of concrete, blacktop, etc., and for ice-melting equipment.  

Mr. Klein asked if the Applicant would ever store herbicides or pesticides in the sheds, to which Mr. Bergen replied that they would not be storing these materials in the sheds.

Chairman Gallelli asked what the size of the gasoline containers would be, to which Mr. Bergen replied that gasoline would be stored in 2?-gallon containers.

Mr. Klein suggested that there should be a condition in the resolution of approval, which states that no herbicides or pesticides shall be stored in these sheds and no more than five gallons of gasoline shall be stored.

Chairman Gallelli asked Mr. Bergen how many tractors are being stored on site, to which Mr. Bergen replied that they just have one riding lawnmower.

Mr. Klein suggested that the condition could state that no hazardous or toxic material, other than gasoline, shall be permitted, to which Chairman Gallelli noted that calcium chloride in solid form is presently being stored in one of the two sheds for ice removal. Ms. Allen thought that it would probably be better to keep the wording, suggested earlier by Mr. Klein, regarding the storage of herbicides or pesticides.  She suggested that, perhaps, the condition should also include fertilizers, to which Mr. Bergen replied that they do not store fertilizers in these sheds.  They hire someone from the outside to fertilize the grounds.  

Ms. Allen noted that, if one is looking toward river, there is a retaining wall situated to the right of the property.  She asked what the status of that retaining wall is, to which the Village Engineer said that he did not know.  Ms. Allen stated that the fence in the area of the retaining wall is falling down, to which Mr. Bergen noted that, when they plowed the snow last winter, they pushed the snow over this fence to dispose of it.  The fence probably got damaged.  The Village Engineer told Mr. Bergen that this fence should be repaired and, then, properly maintained.

Chairman Gallelli entertained a motion to approve this Amended Site Plan application on condition that no herbicides or pesticides shall be stored in these two sheds, and no more than five gallons of gasoline shall be stored. The Village Engineer added that the resolution should (also) state that the Planning Board has reviewed the Applicant’s EAF and has determined that there will be no adverse environmental impacts.  The motion to approve this application was made by Mr. Brumleve, seconded by Mr. Burniston and carried by a vote of 5 to 0.


Van Wyck Associates (Mark Giordano) – 50 Maple Street - (Sec. 79.09 Blk. 1 Lot 30) – Approval of Sign Application for Zeytinia Gourmet Market

Ender Ozgur from Zeytinia Gourmet Market was present for this application.  

Chairman Gallelli noted that the Applicant has made some modifications to his previously submitted sign application.  For example, the style of the lettering has been changed.  

Mr. Ozgur stated that the color green for “Zeytinia” is a darker green than before.  Also, the sign now reads, “Zeytinia Gourmet” rather than “Zeytinia Gourmet Market.”  

Mr. Brumleve stated that he thinks the sign now being proposed is an improvement over the one previously submitted.

Chairman Gallelli noted that the Applicant has been before the Advisory Board on the Visual Environment (VEB), and she believes the Applicant has addressed all of their main concerns/issues.  

Chairman Gallelli recalled that, at a previous meeting, there was some discussion as to whether the “Zeytinia” sign should be red, as opposed to green, to match the color of the signs on either side (CVS and the liquor store).  Mr. Ozgur said that he brought with him a sample of the color green. The Board members said that the “new” darker green color was fine.

Chairman Gallelli entertained a motion to approve the sign application for the Zeytinia Gourmet Market.  The motion to approve was made by Mr. Klein, seconded by Mr. Brumleve and carried by a vote of 5 to 0.

Chairman Gallelli asked the Applicant when he intends to open the store, to which Mr. Ozgur responded that he hopes to open for business before Christmas, hopefully by December 15th.  

Mr. Ozgur told the Board members that he found out earlier today that a noise consultant has been hired to test the sound of the condensers on the roof.  The consultant has a machine to measure the noise level(s).  As previously requested by the Planning Board, a baseline noise study will be performed. Mr. Ozgur noted that the noise consultant wants to know when the best time to do the testing would be.  Mr. Klein pointed out that, with respect to a good time for the testing, the later it gets the lower the ambient noise is going to be.  Chairman Gallelli concurred and suggested to the Applicant that at least one measurement should be taken around 11:00 P.M.  The Village Engineer suggested that the Applicant’s noise consultant could contact him at the office to discuss the testing.  He noted that the consultant would need to take measurements at different times and in a few locations.

Ms. Allen thought that the VEB should see a copy of the sign approved by the Planning Board tonight.  She suggested that a copy of the latest (approved) rendering be sent to the VEB. Chairman Gallelli asked the Planning Board Secretary to send a copy of the rendering submitted and approved tonight to the VEB.


Chairman Gallelli told the other members that she has brought with her tonight a plan from David Plotkin of Steel Style Development Corp.  She wanted the Board to have an opportunity tonight to take a look at this plan.  Mr. Plotkin owns a parcel of land at the Half Moon Bay residential development, known as the “Restaurant Parcel,” which he would like to develop.  He is proposing to build a single-family residence on this parcel of land. Chairman Gallelli stated that there is a small hillside above the parking lot at Half Moon Bay, which is next to Mr. Plotkin’s parcel and which, along with the parking lot, is owned by the Village.  Mr. Plotkin would like the Village to deed this small hillside to him and, in exchange, he would dedicate the mooring field next to the marina to the Village.  Mr. Plotkin has already been before the Board of Trustees on this matter, and the Board of Trustees is, now, asking the Planning Board to review this proposal.  

Chairman Gallelli stated that this item would formally be on the agenda for the next Planning Board meeting.  She just wanted to show the Planning Board the plan tonight to give them more time to think about Mr. Plotkin’s proposal.  

Chairman Gallelli stated that the main issue the Planning Board is being asked to comment on is the exchange of land. However, there is an issue regarding steep slopes.  The Planning Board needs to ascertain whether or not the proposed construction on the “Restaurant Parcel” would require a Steep Slopes Hardship Permit.  

Chairman Gallelli stated that, with respect to the triangular piece of hillside property, Mr. Plotkin wants this piece of property for decorative (landscaping) purposes. The hillside is close to the single-family house being proposed.  

Chairman Gallelli reiterated to the Board members that the Planning Board would formally discuss this matter at the next meeting.

Chairman Gallelli stated that, at the Village Board meeting last night, the Village Board discussed the Planning Board’s Declaration to Act as the Lead Agency for the Hudson National Golf Club “practice hole” project.  A discussion ensued about whether the Village Board, rather than the Planning Board, should act as the Lead Agency.  Chairman Gallelli stated that the Village Attorney and the Village Engineer found some language in the Special Permit resolution, which would support an argument that this application requires an Amendment to the Special Permit. Trustee McCarthy thought that, if this were the case, then, the Village Board, rather than the Planning Board, should be the Lead Agency. Chairman Gallelli said that she pointed out to those present at the meeting that the Planning Board was the Lead Agency for both the Prickly Pear and Hudson National Golf Club site plan applications.  In both cases, the Planning Board was the most involved agency, taking a careful look at a number of environmental issues including the drainage issue(s).  Chairman Gallelli stated that the Village Board ultimately voted in favor of the Planning Board acting as the Lead Agency.  

The Village Engineer noted to the Planning Board members that the “practice hole” is an expansion of the use.  Should this application require an Amendment to the Special Permit, the Planning Board would be asked to make a recommendation on it.  Ms. Allen asked why a Special Permit was needed for the original golf course, to which Chairman Gallelli replied that, in a residential zone, membership clubs require a Special Permit.
Chairman Gallelli stated that the next Planning Board meeting would take place on Tuesday, December 2, 2003.  She noted that the next regularly scheduled meeting after that would be December 23rd.  Chairman Gallelli suggested that, because of the holidays, the meeting could be changed to the 16th, to which the other Planning Board members agreed.  


The minutes of the Tuesday, October 28, 2003 Planning Board meeting were approved, as amended, on a motion by Mr. Brumleve, seconded by Ms. Allen and carried by a vote of 4 to 0.  Planning Board member, Joel Klein, abstained.


There being no further business to come before the Board, the meeting was duly adjourned at 9:20 P.M.


Sylvia Mills,


WHEREAS, the Planning Board held a public hearing on an Amended Site Plan application on November 18, 2003 for Sky View Haven Associates, hereafter known as “the Applicant,” said property being located at 1280 Albany Post Road and designated on the Tax Map of the Village of Croton-on-Hudson as Section 67.18 Block 1 Lot 2; and

WHEREAS, the proposal is for two existing storage sheds; and

WHEREAS, the Applicant has submitted a Short Environmental Assessment Form (EAF), and under requirements of Local Law 7 of 1977, the Planning Board has determined that there will be no adverse impacts resulting from the proposed application that cannot be properly mitigated.

NOW, THEREFORE BE IT RESOLVED, that the Amended Site Plan application, as shown on the partial site plan sketch (undated), received by the Planning Board on October 17, 2003 and the revised partial site plan sketch (undated), received by the Planning Board on November 18, 2003, be approved subject to the following condition:

That no herbicides or pesticides shall be stored in the two existing storage sheds and that no more than five gallons of gasoline shall be stored.

In the event that this amended site plan is not implemented within three (3) years of this date, this approval shall expire.

                                                The Planning Board of the Village of
                                                Croton-on-Hudson, New York

                                                Ann H. Gallelli, Chairperson
                                                Fran Allen
                                                Ted Brumleve
                                                Thomas Burniston
                                                Joel Klein
Motion to approve by Mr. Brumleve, seconded by Mr. Burniston and carried by a vote of 5 to 0.

Resolution accepted with the minutes of the meeting held on November 18, 2003.