VILLAGE OF CROTON ON HUDSON, NEW YORK
PLANNING BOARD MEETING MINUTES – TUESDAY, MAY 3, 2005
A regular meeting of the Planning Board of the Village of Croton-on-Hudson, New York was held on Tuesday, May 3, 2005 in the Municipal Building.
MEMBERS PRESENT: Ann Gallelli, Chairman
ABSENT: Tom Burniston
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.
2. NEW BUSINESS:
Rachel Sibrizzi – 133 Scenic Drive West (Sec. 67.10 Blk. 2 Lot 4.17) – Application for an Amended Building Envelope to Construct a Swimming Pool
Rachel Sibrizzi and Mark Notorangelo, owners of the property, were present for this application.
Chairman Gallelli stated that, before the Planning Board begins its discussion of the Sibrizzi application tonight, she would like to introduce to those present the new Planning Board member, Chris Kehoe. Chairman Gallelli stated that Mr. Kehoe was appointed to the Planning Board at the Village Board meeting on Monday night by Mayor Greg Schmidt. Mr. Kehoe is starting a five-year term on the Planning Board.
Chairman Gallelli noted that the Planning Board originally had two items on the agenda for tonight’s meeting; however, the application for Sky View Nursing Home was taken off. There was an issue raised at the last Planning Board meeting as to whether or not Sky View would have to go before the Village Board for an Amended Special Permit. It was determined that, indeed, an Amended Special Permit is required. Chairman Gallelli noted that the Village Board would refer this application back to the Planning Board. The application will probably be on the agenda for the last meeting in May or the first meeting in June. Mr. Klein noted that there is a discrepancy between the most recent plans submitted for the Sky View application and the plans reviewed at the last meeting. The water line
has been moved. Chairman Gallelli recalled that, at the last meeting, the Applicant’s architect, Mr. Cohen, had stated that he did not know exactly where the water line was on the property. Mr. Cohen was going to do a “field check.” She thought that it might be possible that the most recent Sky View submittal is the accurate one. This issue can be raised again at the next meeting on the Sky View application.
Chairman Gallelli stated that the new proposal before the Planning Board tonight is an application to amend the building envelope at 133 Scenic Drive West. The property in question is part of the Westwind Subdivision. Chairman Gallelli noted that all of the Westwind Subdivision lots have building envelopes. If a property owner at Westwind wants to construct an accessory structure outside the building envelope, the property owner is required to come back to the Planning Board.
Ms. Sibrizzi told the Board members that she and her husband purchased the house in the Westwind Subdivision a year ago. They have three children. They hope to be able to construct a swimming pool for the family to use and enjoy. The pool being proposed is 21’ x 41’ in size. It is a Roman shape pool with a diving board at the deep end. Ms. Sibrizzi stated that there would be a minimal amount of grading involved. No trees would have to be removed. Ms. Sibrizzi told the Planning Board that she and her husband have one next door neighbor, and this neighbor has no objection to the pool being proposed. The next door neighbor has submitted a letter to the Planning Board to this effect. Ms. Sibrizzi told the Board members that any soil, which is being removed for
the construction of the pool, would be taken off site.
Ms. Allen referred to the Applicant’s plans and stated that there has been a change in the location of the driveway for this lot (Lot #17). The driveway has been “flipped” to the other side of the house. The original (subdivision) plan showed the driveway on the opposite side. The Village Engineer stated that, when the house was built, the driveway was switched to the other side. Mr. Klein noted that the stone retaining wall that is 7’ high was also not on the original subdivision plan(s). The retaining wall extends outside the building envelope. He thought that this retaining wall should have come back before the Planning Board. The Village Engineer noted that a wall over 4’ in height needs a building permit. He suggested that, in order to
legalize this structure (the retaining wall) the Applicant could incorporate the construction drawings for the retaining wall into the building permit application for the swimming pool.
Chairman Gallelli said that she does not think any construction has taken place on this lot since the house was built. The house is relatively new. She reiterated that no construction has taken place other than the original (house) construction.
Ms. Allen referred to one of the Applicant’s plans showing an area marked in yellow and asked what this area signifies, to which the Village Engineer replied that the yellow line signifies the flagged wetland boundary. He noted that this wetland area is not a regulated wetland under the Village’s Wetlands Law. The size of the wetland area is too small (less than one quarter of an acre). The Village Engineer noted that it is, however, regulated by the U.S. Army Corps of Engineers.
The Village Engineer noted that the Applicant’s plan does not show a silt fence. He stated that, in order to ensure that the wetlands are protected, a silt fence would have to be installed during construction.
Mr. Klein noted that, according to the Applicant’s plan, the closest the swimming pool would come to the Clearing and Grading Limit Line would be 9’ to 10’. He assumes that the Clearing and Grading Limit Line was originally shown on the subdivision plan to specify the proximity of this property to the wetlands. Ms. Allen wanted to know the state of the wetlands in this area. Is it standing water? Chairman Gallelli said that it is not standing water. The Village Engineer thought that this wetland area might have been part of a larger watershed at one time. When the road was built for the subdivision, the road captured the water and diverted it.
Chairman Gallelli noted that the deck being proposed is very close to the property line. The Village Engineer stated that the swimming pool has to be a minimum of 10 feet from the property line, and the Applicant’s pool is shown as 12’. If the pool is less than 30’ from the adjacent property, it needs to be screened. The Village Engineer noted that a row of arborvitae trees, 5’ to 6’ high, is being proposed along the backside of the property to provide screening. The only other possibility, which would provide extra screening, would be to plant arborvitae on the top of the stone wall. The Village Engineer stated that the deck around the pool is actually a concrete patio, which is allowed to be 4’ from the property line. The patio is going to be 8’ wide in the diving board area. Mr. Notorangelo told the Planning Board that he and his wife are going to have their property surveyed. Chairman Gallelli stated that, as part of the building permit process for the proposed swimming
pool and deck, the property should, indeed, be staked out by a surveyor.
The Village Engineer noted that the application materials for the Planning Board show two choices for a pool filtration system. Option 1 is a cartridge filter and option 2 is a top-mount sand filter. The Village Engineer noted that a cartridge filter system is somewhat more difficult to maintain than the sand pump. He stated that, if the Applicant decides to install the sand pump, he would be concerned about the discharge to the wetlands. He would ask the Applicant to put in a plastic leaching chamber underground. Mr. Notorangelo stated that he and his wife intend to go with the cartridge filter system.
Ms. Allen wanted to know, in more detail, the implications of installing the two different types of filtration systems. The Village Engineer told Ms. Allen that the cartridge filter system is more difficult to maintain. It eventually gets clogged up and has to be removed and cleaned. Once cleaned, it can be reinstalled. There is not much discharge with this type of filtering system. The sand filter system washes particles out of the pool water and into a pipe. With a sand filter, there is more wastewater coming out of the filtration system during the backwash process. The Village Engineer noted that, if the Applicant were to choose this type of system, they would have to install a dry well. Chairman Gallelli pointed out that the Applicant has already stated tonight
that they are going to use a cartridge filter system.
Chairman Gallelli noted that in the past, as a condition of the approval, the Planning Board has asked for a letter from the neighboring property owners saying that they have no objections to the swimming pool being installed. In this instance, the letter from the neighboring property owner has already been incorporated into the application.
Chairman Gallelli asked the Planning Board if they had any further comments on this application. Mr. Klein stated that he would be willing to approve this application with the condition that the cartridge filter be the selected filtration system. He would want it stipulated in the resolution that the Applicant would have to come back before the Planning Board if another type of filtration system were to be employed. Chairman Gallelli noted that, for approval, the Applicant would also have to ensure the Planning Board that a silt fence would be installed to protect the nearby wetlands area during construction. Also, plans for the existing retaining wall should be included in the building permit application for the pool. Mr. Klein stated that erosion control measures should be taken, to the
satisfaction of the Village Engineer. Ms. Allen stated that the Applicant should carefully mark on their plan(s) the limits of disturbance. Chairman Gallelli stated that the property lines should be staked out prior to the pool construction. The Village Engineer noted that the Applicant told the Planning Board earlier in the meeting tonight that any soil, which is being removed for the construction of the pool, would be taken off site.
Chairman Gallelli stated that, because Mr. Kehoe has not yet been officially sworn in as a member of the Planning Board, he is unable to cast a vote this evening. Fortunately, there are three other members present so the Planning Board still has a quorum. Mr. Klein noted to the Applicant that all three members would have to vote “yes” for the application to be approved. He stated that the Applicant could choose to postpone the vote until the full board is present. Ms. Sibrizzi told the Planning Board members that she would prefer that the Planning Board vote on this application at tonight’s meeting.
Chairman Gallelli entertained a motion to approve this application with the conditions set forth tonight. The motion to approve was made by Mr. Klein, seconded by Ms. Allen and carried by a vote of 3 to 0.
Chairman Gallelli told Ms. Sibrizzi that the Planning Board secretary would provide her (Ms. Sibrizzi) with a copy of the resolution of approval enumerating all of the conditions discussed tonight.
3. OTHER BUSINESS:
Chairman Gallelli told the Board members that she and Ms. Allen are not going to be able to make the regularly scheduled meeting of May 24th. She suggested that, in order to have a full board present, the Planning Board could postpone the meeting until the following Tuesday (May 31st), to which the others agreed.
Chairman Gallelli noted to the members some of the items coming before the board in the near future. The affordable senior housing project at Symphony Knoll will be coming back the end of May or early June. The Nextel cell tower referral from the Village Board is scheduled for the meeting of June 7th.
Mr. Klein asked the Village Engineer if he knew where the cell tower would be located in relation to the Van Cortlandt Manor property, to which the Village Engineer replied that he could check this out on the GIS system. Mr. Klein noted that there are new FCC regulations, which have been enacted regarding federal historic preservation, and the location of the cell tower would be the key for determining whether or not these regulations would apply in this case. Chairman Gallelli asked that, for the meeting of June 7th, the Planning Board secretary should provide copies to the Board members of the Village’s cell tower law. Chairman Gallelli noted that the Village has an interest in this cell tower application because the cell tower would (also) be used by the Village to handle
all emergency communications. The Nextel application would also include co-location of cell tower equipment on the Municipal Building. Mr. Klein did not think there had ever been a formal evaluation of the historic significance of the Municipal Building. Mr. Klein suggested that he could e-mail to the Village Engineer FCC forms #620 and #621. The Village Engineer could see what is involved and let the Applicant know.
Chairman Gallelli told the other members that the Sky View Nursing Home application will be coming back before the Planning Board in the near future. The Planning Board will also have two steep slopes applications to review – one for a property on Old Post Road North and the other for the Feminella property on Grand Street. Finally, Galena Feit will be back for site plan approval for the three Hudson View Subdivision lots.
There being no further business to come before the Board, the meeting was duly adjourned at 8:50 P.M.
WHEREAS, the Planning Board approved the Baltic Estates (Westwind Subdivision) on July 25, 1995; and
WHEREAS, each lot in the Westwind Subdivision had a building envelope defined for it, beyond which no construction could occur without approval of the Planning Board; and
WHEREAS, Rachel Sibrizzi and Mark Notorangelo, owners of Lot #17 in the Westwind Subdivision (133 Scenic Drive West – Sec. 67.10 Blk. 2 Lot 4.17) have requested an expansion of that lot’s building envelope for the purpose of building a swimming pool; 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 #17, as shown on a drawing prepared by B.J. Kaudern, P.E., dated April 28, 2005, is hereby approved with the following conditions:
The filtration system for the swimming pool will be a cartridge filter system. If another type of filtration system were to be employed in the future, the property owner would have to come back before the Planning Board.
A silt fence must be installed to protect the nearby wetlands area.
Plans for the existing retaining wall should be included in the building permit application for the pool.
Erosion control measures should be taken, to the satisfaction of the Village Engineer.
The limits of disturbance should be carefully marked on the Applicant’s plans.
The property lines should be staked out by a surveyor prior to the pool construction.
Any soil, which is being removed for the construction of the pool, should be taken off site.
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
Motion to approve by Mr. Klein, seconded by Ms. Allen and carried by a vote of 3 to 0.
Resolution accepted with the minutes of the meeting held on May 3, 2005.