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Planning Board Minutes 04/22/2008

VILLAGE OF CROTON ON HUDSON, NEW YORK

PLANNING BOARD MEETING MINUTES – TUESDAY, APRIL 22, 2008


A regular meeting of the Planning Board of the Village of Croton-on-Hudson, New York was held on Tuesday, April 22, 2008 in the Municipal Building.


MEMBERS PRESENT:        Fran Allen, Acting as Chairperson
                                Robert Luntz
                                Deven Sharma

                ABSENT: Chris Kehoe, Chairman
Vincent Andrews
                                                                                        
                ALSO PRESENT:   Daniel O’Connor, P.E., Village Engineer
        

1.  Call to Order:

The meeting was called to order at 8:50 P.M. by Fran Allen, acting as chairperson in Chris Kehoe’s absence.


2.  NEW BUSINESS:

·       Croton Point DoneDeal, LLC – Croton Point Avenue (Sec. 79.13 Blk. 2 Lots 18, 19 & 20) – Request for a Fifth Extension of Site Plan Approval

Helen Mauch of Zarin & Steinmetz, attorney for the Applicant, was present.

Ms. Mauch noted that she was before the Planning Board at the end of 2007 to ask for the fourth extension of the site plan approval for DoneDeal.  She had hoped that this extension request would have been the last. Ms. Mauch stated that the engineering issues on the property have been resolved. Cross easements, which would benefit both the Village and DoneDeal, have been drafted.  Ms. Mauch told the board members that the current (fourth) extension expires on May 1, 2008.  She is before the board tonight to ask for a fifth extension of the site plan approval.  

Chairperson Allen asked what government agencies are involved with the easement agreements, to which the Village Engineer said that both the County and the Village are involved. The County has been working with the Village on the Wayne Street water main extension. Croton Point Avenue, once a County road, has now been taken over by the Village.  The Village Engineer noted that the Applicant’s site plan for a mixed-use building requires an easement for the parking area.  A portion of the Village right-of-way is being used as access and egress to the site (parking area).        

The Village Engineer said that the issue involving the septic system in the easement area has been resolved.  The septic system is going to be replaced by a pump station.  This work is going to be done right away so as to enable the septic system to be abandoned. The Village could then go through this area (the septic area) with the water main. The Village Engineer said that the only item remaining is the finalization and filing of the draft easement agreements.  The Village Engineer noted to those present that the Wayne Street sidewalk and curb project is already underway.

Mr. Sharma said that it would appear from tonight’s discussion that the delays, which have taken place on this project, are not the fault of the Applicant. They (DoneDeal) have been unable to implement their site plan approval due to circumstances beyond their control.  He, personally, would think that the Planning Board should grant the time extension being requested.  

The Village Engineer suggested that the Planning Board could grant the Applicant a six-month extension.  A six-month extension should be sufficient to finalize the easement agreements. The Village Engineer said that he would think that the extension being requested tonight, if granted, would be the last request for an extension.

Chairperson Allen asked if there were any further comments on this application, to which there were none.  

Chairperson Allen entertained a motion to grant the Applicant’s request for a six-month extension, from May 1, 2008 to November 1, 2008.  The motion was made by Mr. Sharma, seconded by Mr. Luntz and carried by a vote of 3 to 0.


3.  OLD BUSINESS:

·       Chris Schiermbock – 3 O’Reilly Court (Sec. 67.20 Blk. 3 Lot 35.13) – Application for a Modification to the Building Envelope for the Construction of an In-ground Swimming Pool

Timothy Lynch, landscape designer with Maple Leaf Associates Inc., was present for this application.

Chairperson Allen recalled that at the last meeting on this application the Planning Board had asked for letters of support from the neighbors and more information on the Applicant’s plan(s).  

Mr. Lynch said that for this meeting he has provided an additional plan showing the existing conditions as well as the plan showing the new pool proposal.  At the last meeting he just had the plan showing the new pool.  He also has two letters from the immediate neighboring property owners, on 1 O’Reilly Court and 5 O’Reilly Court, respectively.  

Chairperson Allen told Mr. Lynch that she visited the site this evening.  She had left a message on his (Mr. Lynch’s) cell phone this weekend about visiting the property but he did not get back to her.  Chairperson Allen said that she had hoped to look at the back of the property where the new pool would be situated.  When she did not hear from Mr. Lynch, she got permission from the neighbors at 5 O’Reilly Court to walk through their yard.  By doing so, she could see what the new pool would look like from the adjacent property. Mr. Lynch noted that from that vantage point (5O’Reilly Court) it would be possible to see how full the existing evergreen hedge is at the back of the Applicant’s property.

Mr. Sharma said that it would seem from what Mr. Lynch has presented to the board that this project is (would be) a viable project.  The Planning Board has received letters of support from the immediate neighbors, as requested.  Mr. Sharma said that, as he understands the project, any changes being proposed to the property for the new pool and decking are not substantial in nature.  Mr. Lynch noted that, since the last meeting, he has pulled back the proposed swimming pool somewhat more so that it only extends beyond the Building Envelope Line by 4 feet as opposed to 7 feet.  Mr. Sharma told Mr. Lynch that he would think the Planning Board could grant the Applicant’s wish to extend the Building Envelope Line, as proposed.

Chairperson Allen questioned why the Planning Board, when the River Landing Subdivision was approved, had decided to put the Building Envelope Line for Lot #13 in that particular location.  She suggested that it could be because of the potential disturbance to the steep slopes at the back of the property.  Mr. Luntz noted that the major (prominent) features in the back are the evergreen hedge and the stone wall. Mr. Luntz said that they would continue to be so, even if the pool were to extend slightly beyond the Building Envelope.   

Chairperson Allen asked if there were any further comments, to which there were none.

Chairperson Allen read the draft resolution for this application, which had as the only condition “that the modification of the building envelope be extended solely for the siting of the swimming pool.”  Mr. Sharma noted the importance of including such a condition, stating that this condition assures that the Building Envelope Line would remain as is unless or until the pool, which is presently being proposed, is actually built.  Once built, the line would be extended solely for the new pool.

Chairperson Allen entertained a motion to approve this application with the condition discussed tonight.  The motion to approve was made by Mr. Luntz, seconded by Mr. Sharma and carried by a vote of 3 to 0.


4.  OTHER BUSINESS:

·       Chairperson Allen referred to the Planning Board’s memorandum to the Village Board recommending that the Steep Slopes Hardship Permit for The Nikic property on Franklin Avenue be granted.  The Planning Board recommended that the permit be granted subject to seven conditions.  Chairperson Allen said that in the language of these conditions, the word “should” was used rather than “shall.”  She would think that the Planning Board would want to be more emphatic in the wording of the conditions and use the word “shall.”  The Village Engineer said that he would write a note to the Village Board to this effect and revise the Planning Board’s memorandum accordingly.  The Village Engineer told the Planning Board that he would submit the revised version to the Village Board in time for the public hearing scheduled for Monday, May 5th.       


5.  APPROVAL OF MINUTES:

The minutes of the Tuesday, March 25, 2008 Planning Board meeting were approved, as amended, on a motion by Mr. Luntz, seconded by Mr. Sharma and carried by a vote of 3 to 0.

6.  ADJOURNMENT:

There being no further business to come before the Board, the meeting was duly adjourned at 9:15 P.M.

Sincerely,



Sylvia Mills
Secretary

RESOLUTION

WHEREAS, the Planning Board approved the River Landing Subdivision on October 2, 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, Chris Schiermbock, owner of Lot #13 in the River Landing Subdivision (3 O’Reilly Court – Sec. 67.20 Blk. 3 Lot 35.13) has requested an expansion of that lot’s building envelope for the purpose of constructing an in-ground swimming pool and decking; and

WHEREAS, under the requirements of the State Environmental Quality Review Act (SEQRA), the Planning Board has determined that this project is a Type II Action, and no Negative Declaration is required.

NOW, THEREFORE BE IT RESOLVED, that the modification of the building envelope on Lot #13, as shown on a plan entitled “Schiermbock Residence 3 O’Reilly Ct. Croton, NY,” dated April 15, 2008, prepared by Maple Leaf Associates, Inc.; a plan entitled “Schiermbock Residence 3 O’Reilly Ct. Croton, NY Existing Conditions Plan,” dated April 15, 2008, prepared by Maple Leaf Associates, Inc.; and a copy of the site plan entitled “Environmental Site Plan Prepared for Galina Feit,” dated May 19, 1998, prepared by Bruce Donohoe, L.A., and received by the Planning Board on April 3, 2008, be approved, subject to the following condition:

1)      that the modification of the building envelope be extended solely for the siting of the swimming pool.

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

                                                Chris Kehoe, Chairman
                                                Fran Allen
                                                Vincent Andrews
                                                Robert Luntz
                                                Deven Sharma
                                                
Motion to approve by Mr. Luntz, seconded by Mr. Sharma and carried by a vote of 3 to 0.  Planning Board chairman Chris Kehoe and board member Vincent Andrews were absent from the meeting.
  
Resolution accepted with the minutes of the meeting held on April 22, 2008.