Planning Board Minutes 04/06/04
VILLAGE OF CROTON ON HUDSON, NEW YORK

PLANNING BOARD MEETING MINUTES – TUESDAY, APRIL 6, 2004:


A regular meeting of the Planning Board of the Village of Croton-on-Hudson, New York was held on Tuesday, April 6, 2004 in the Municipal Building.


MEMBERS PRESENT:        Ann Gallelli, Chair
                                        Fran Allen
                                        Ted Brumleve
                                        Thomas Burniston
                                        
                                 ABSENT:        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.


OLD BUSINESS:

Michael & Susan Lanzillotto – 3 Birch Court (Sec. 67.20 Blk. 3 Lot 35.08) – Application for an Amended Site Plan Approval

Susan Lanzillotto, owner of the property, was present for this application.

Chairman Gallelli stated that Mrs. Lanzillotto is present tonight to request an expansion of the building envelope on her property situated at 3 Birch Court in the River Landing Subdivision.  The purpose of this expansion of the building envelope is to build an in-ground swimming pool.  Chairman Gallelli stated that this Applicant was before the Planning Board in early January.  At that time, the Planning Board determined that the Applicant would have to go before the Water Control Commission (WCC) for a Wetlands Activity Permit.  

Chairman Gallelli stated that, on February 4, 2004, the Applicant was granted a Wetlands Activity Permit.  Chairman Gallelli noted that, at the last Planning Board meeting on this application, the Planning Board told the Applicant that the granting of the Wetlands Activity Permit would be of primary importance to the Planning Board.

Mr. Brumleve asked where the mechanical system for the pool would be located.  Mrs. Lanzillotto replied that the mechanical equipment would be situated either on the left or the right side of the proposed swimming pool depending on the location of the electricity and water supply for the house.

Mr. Brumleve asked the Applicant if the area between the swimming pool and the house would be made into a patio, to which Mrs. Lanzillotto replied that there would be no patio in this area, just lawn.

Mr. Brumleve wondered if the Planning Board should ask to see, on the Applicant’s plan, the trees that are to be removed.  He asked what trees would be removed for the pool installation, to which Mrs. Lanzillotto replied that one very small tree had to be cut down.  Chairman Gallelli noted that the area in the back for the swimming pool has, for the most part, already been cleared.

Chairman Gallelli asked about the filtration system for the swimming pool.  She wanted to know if the system being used would be the closed loop system, to which Mrs. Lanzillotto said that it would be.  Chairman Gallelli suggested that the Planning Board might want to specify, in its resolution of approval, that the filtration system be a closed loop system.

Ms. Allen stated that she visited the Lanzillotto property this afternoon.  Mr. Lanzillotto and she discussed some of the trees that were situated just on the edge of the property at the existing retaining wall.  Ms. Allen noted that, when the building permit application was submitted for the house on this lot, the Village’s environmental consultant, Bruce Donohue, performed the environmental site plan review.  Mr. Donohue had requested that some of the trees on the edge of the property should be preserved.  Ms. Allen noted that every effort has been made to preserve them.  Ms. Allen mentioned that Mr. Donohue had requested that the house on this lot should be positioned in such a way as to preserve many of the trees.  The outcome of this effort to save the trees has been very successful.  Chairman Gallelli suggested that, as a condition of the approval, the resolution should say that every effort should be made to preserve those trees that were identified on the original environmental site plan.

Ms. Allen stated that the Applicant’s plan does not show where any grading is being done.  Mr. Brumleve noted that Sheet #2 does show some fill in the area where the existing retaining wall is located.  Based on the drawing, it is his understanding that there would be a cut and fill balance, and the Applicant would not be taking dirt off of the site.

Mr. Burniston said that he did not hear the answer from the Applicant, given earlier, on where the mechanical equipment for the swimming pool would be located.  Mr. Brumleve told Mr. Burniston that, according to Mrs. Lanzillotto, this equipment would be located on the left or right side of the pool depending on the location of the electricity and water supply for the house.  Mr. Brumleve stated that this information concerning the mechanical equipment for the swimming pool should be duly noted on the Applicant’s plan(s).  He added that he, personally, would rather see this mechanical equipment on the north end, on the downhill side.  

Ms. Allen noted that, according to the original tree plan for this lot, there were two trees where the pool is now being proposed.  Mrs. Lanzillotto told the Board that, with respect to the trees, she and her husband were able to save two of the original trees on the right side of the proposed swimming pool between the pool and the swing set.  

Chairman Gallelli read aloud the draft resolution.  She stated that, as per tonight’s discussion, the conditions of the Planning Board’s approval would be as follows:

The filtration system for the swimming pool will be a closed loop system.

A final plan will be submitted showing the location of the electrical and mechanical equipment.

Every effort will be taken to preserve those trees identified in the environmental site plan for the original house construction.  

Ms. Allen noted that the original site plan does not cover those trees that are being impacted by the construction of the swimming pool.  She suggested that the following wording should be added to condition #3:  “…..plus those trees that are potentially impacted by the additional (pool) construction.”  The condition was amended accordingly.

The Village Engineer noted that the fill for this project would be placed in the back area where the boulders are.

Chairman Gallelli entertained a motion to approve this Amended Site Plan with the conditions discussed tonight.  The motion to approve was made by Mr. Burniston, seconded by Mr. Brumleve and carried by a vote of 4 to 0.    


OTHER BUSINESS:

A discussion ensued among the Board members regarding the Velardo Subdivision Lot #3 application.  Chairman Gallelli stated that this application would probably be back before the Board on April 27th.  The Applicant is scheduled to go before the WCC on April 21st.   Chairman Gallelli noted that the Village Engineer, Fran Allen and herself went on a site visit to the property.  The Applicant intends to come back to the Planning Board with some changes to the plan(s) resulting from this site visit.  

Ms. Allen expressed concern about deviations/changes to the site plan for the Velardo Subdivision – Lot #3. There were deviations from the approved site plan, which were made during the construction of the house on Lot #3.  Ms. Allen stated that she contacted the Village’s environmental consultant, Bruce Donohue, to discuss this matter.  She had concerns about the trees on the property and, also, about the extra lawn area added to the back.  Ms. Allen stated that Mr. Donohue was puzzled about the trees in the back of the property that have been placed in tree wells.  The approved plan did not call for tree wells.  Mr. Donohue also had a question about the way the retaining wall in the back of the property was built.  He thought that the Applicant might not have followed the approved site plan.  Ms. Allen noted that the Applicant might have made some changes that he was not supposed to make on the side of the property parallel to Route 9A.  Also, the Applicant may have moved further into the wetlands setback area than was permitted.  Ms. Allen thought that it might be a good idea to ask this Applicant to submit to the Village Engineer/Planning Board an as-built survey.      

Chairman Gallelli stated that she, too, thought that the Applicant had encroached into the wetlands setback more than was allowed.  She noted that, with respect to this further encroachment into the wetlands, it has been determined that the Applicant would have to go back to the WCC for an amended Wetlands Activity Permit for the current house on Lot #3.  Chairman Gallelli stated that the Village Engineer has recently sent a letter to the Applicant saying that he has to submit an as-built survey.  The survey should show all of the topographical features including the wetlands setback(s).

Ms. Allen said that she has concerns about the subdivision of Lot #3 presently being proposed. She noted that Mr. Donohue raised a question about the access road and how steep it would have to be.  Chairman Gallelli pointed out that the access road, which was shown on the plan submitted for the first meeting on this application, was not as steep. The Planning Board suggested at that first meeting that, perhaps, the driveway could be made somewhat steeper to make it possible to move the house.  

Chairman Gallelli noted that, during the site visit, the Village Engineer, Ms. Allen and herself talked about another change to the proposed driveway on Lot #3.  The idea of moving the driveway toward North Riverside Avenue was discussed.

Ms. Allen noted that there was a wetlands area on Lot #2 of the Velardo Subdivision, which was never identified.  This area was a wetland that was less than what the Village considers for wetlands (i.e., one-quarter acre). The Village Engineer noted that the NYSDEC, the Army Corps of Engineers and the Village use three different delineation methods for wetlands.  Ms. Allen stated that she would like to have the delineation of the wetlands shown on the plan so as to know exactly what constitutes a wetland area on Lot #2.  

Chairman Gallelli told the other members that she thinks these points, raised by Ms. Allen tonight, were rightfully raised.  She noted that the other Planning Board members discussed these concerns on the second site walk to the property.

The Village Engineer stated that, with respect to the house construction on Lot #3, the Applicant did not disturb the wetlands buffer to any great degree during the construction.  

Mr. Burniston asked if, in order to protect wetlands areas, it would be sufficient to have the Applicant remove the retaining wall in the back of Lot #3.   

Mr. Brumleve recalled that the Planning Board went through an extensive site plan review process for the houses in the Velardo Subdivision when this subdivision was approved.  For example, the Planning Board went to great lengths to have the trees identified.  Houses were situated in such a way so as not to have to remove significant trees.  Mr. Brumleve expressed his concern about the deviations/changes to the site plan on Lot #3.  He wondered what recourse of action could be taken when an Applicant deviates from an approved site plan.  Mr. Brumleve pointed out that the Village does not have an abundance of land left to potentially be built on.  He noted that most of the applications that the Planning Board would be reviewing in the future would involve wetlands disturbance, steep slopes disturbance, etc.  The Planning Board is not going to review “simple” site plan applications anymore. Site plans are becoming more complex.  After some discussion, the Planning Board members thought that an informal meeting with the Village Attorney could be arranged to discuss this issue of changes/deviations to an approved site plan.  

Chairman Gallelli mentioned the items, which might possibly be on the agenda for the April 27th meeting.  The Velardo Subdivision - Lot #3 might be ready to come back. The Applicant for the Hudson View Subdivision, Galena Feit, will probably be back with a proposal for a drainage system resulting from the Dvirka & Bartilucci drainage study. The Planning Board may have received by the 27th the DEIS for the proposed Hudson National Golf Club ‘practice hole.’ This item will not be on the agenda for the 27th.  The Planning Board will need time to review the document. Finally, the CVS/18-wheeler truck discussion is scheduled for the 27th.

Mr. Brumleve told the others that he would be attending the Advisory Board for the Visual Environment (VEB) meetings scheduled for the middle of April.  The VEB will be interviewing the four designers who have been selected to present their designs for the Village’s new logo.

ADJOURNMENT:

There being no further business to come before the Board, the meeting was duly adjourned at 9:05 P.M.

Sincerely,



Sylvia Mills,
SECRETARY


RESOLUTION

WHEREAS, the Planning Board approved the River Landing Subdivision on June 9, 1990; and

WHEREAS, each lot in the River Landing Subdivision had a building envelope defined for it, beyond which no construction could occur without approval of the Planning Board; and

WHEREAS, the Lanzillotto’s, owners of Lot #8 in the River Landing Subdivision (3 Birch Court – Sec. 67.20 Blk. 3 Lot 35.08) have requested an expansion of that lot’s building envelope for the purpose of building a swimming pool; and

WHEREAS, the proposed building envelope extended into a wetlands setback area and required a Wetlands Activity Permit from the Water Control Commission (WCC), which was received on February 4, 2004; and

WHEREAS, under the 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 modification of the building envelope on Lot #8, as shown on drawings prepared by Ryna Lustig, Landscape Architect, dated December 10, 2003, last revised January 20, 2004, is hereby approved with the following conditions:

The filtration system for the swimming pool will be a closed loop system.

A final plan will be submitted showing the location of the electrical and mechanical equipment.

Every effort will be taken to preserve those trees identified in the environmental site plan for the original house construction, plus those trees that are potentially impacted by the pool construction.
Failure to implement this approval in three years will result in the expiration of this approval.

                                                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. Burniston, seconded by Mr. Brumleve and carried by a vote of 4 to 0.  Planning Board member, Joel Klein, was absent.

Resolution accepted with the minutes of the meeting held on April 6, 2004.