Planning Board - Regular Meeting

uh to order. Uh the first item on our agenda tonight is a public hearing to consider a preliminary subdivision application to reconfigure four existing lots into two new lots. Um, the owner applicants are Bedford Real Estate Associates LLC, uh, 20 Binville LLC, Wildlife Preserves, Inc., S Street, U BC. Uh, is there someone here to represent the applicant? 20 Bville. Thank you. chair from KCJ Consulting on um it is a public hearing so we've got to have it so that the public can actually see. What happened to the easel? Oh, okay. Thank you. I appreciate it. [Applause] Hi, good evening. Yan Johannes, KSCJ Consulting on behalf of uh 20 Beltonville uh LLC. Uh this is a uh lot line change application uh on Sorrow Street. Uh the property is 16.6 uh

acres. In total, it's vacant woodland. Um the owner proposes to to convey um by donation 10.48 48 acres to the wildlife preserves which owns the marsh sanctuary which abuts the property and 6.1 acres to uh the residential parcel to the north that's owned by Steve Caner um that contains a single family home. Uh the Caner property would end up uh being uh 12.7 acres and the wildlife preserve uh property is is much larger. It's going to be combined with an existing wildlife preserves property, but as you know, that's quite a large uh sanctuary there. So, the total acreage is I'm not quite sure, but it's being combined uh with an adjacent parcel that will total 16.6 acres. There's no uh development being proposed. Um so, it's that's that's the application. It's a lot line change application. Um the rear portion of over just over 10 acres is going to be a part of the marsh preserve and protected and uh the six acres will be conveyed to uh the adjacent neighbor um to make his uh parcel larger. Okay, this is a public hearing. Are there any uh questions or comments from members of the public who are in the courtroom today? Yes. Mr. Stockbridge, would you care to come up? Okay. Yeah. It's Stockbridge. Um, as a neighbor of this property, I just wanted to be on record for the approval of what appears to be uh retention of open space. Certainly, the wildlife preserves

marsh Sanctuary pieces is a excellent donation. And the rest of the piece I think is incorporated with the the neighbor uh who is uh then to have a I think described uh a combined property. I I assuming that the the piece that's the six acres or whatever is going to be uh part of then other words that property will now be uh 12 instead of five and five or six and six whatever. uh and that there are no uh specific uh actions being taken on the com combined um the new combined property. So what it's I think the neighborhood is is very conscious of of retention of open space and I think this is uh should be compleimemented on on uh doing things with wildlife and marsh at the same time being conscious of the possibility of well of the probability of keeping the open space with a new uh new line. So just want to be on record for being supportive. Thank you very much. Are there any other comments or questions from anyone in the in the courtroom? What about on the Zoom? Is there anyone on the Zoom who would like to make a comment or has a question about this application? There doesn't seem to be anyone. That being the case, uh could I have a motion to close the public hearing? So moved. Second. Is there a second? Second. Yeah. Yeah. I have a motion to second. All in favor of closing the public hearing. I I All opposed. Um questions or comments from members of the board? Marsh Sanctuary is unusually wonderful. Um and um not only preserves the land but has a

big education component to it. So I think it's in many ways really wonderful. Any other comments? Oh, no concerns. But I I would also uh note we we have had a letter from uh the wildlife uh preservation folks who um stating their intention to um to keep the land. It's it's what they do. uh and even just the the very fact that it's going from four lots to two lots in and of itself um limits the the density in the area. So, it does seem to be a positive to me as well. If we were, as far as I I know, it's it's one lot that is being split and conveyed. And I'm not sure that there's four existing lots uh on the subject property. That's actually what the application originally told us was for existing lots. Is that not the case? That's one 16.6 acre lot that um a portion of which is being conveyed and merged with wildlife preserves and a portion is being conveyed and merged with uh the Canther property. I suppose they're talking about West Morland being in maybe West Morland could be No, that's what that's what you meant. Sure. Okay. Well, that's what they meant. Okay. In the application. Understood. There's actually existing trail network on the existing property that the marsh uses. So, this is a perfect situation where they'll be able to use that uh

those trails. Now, the um the applicant has asked whether or not it might be possible for us to wave the recreation fee. And if we were to decide not to if we were to decide to approve this um the point of the recreation fee is when you create a new lot, a buildable lot also too, right? A buildable lot, but these are technically buildable lots even though they're they're being preserved. Well, one is technically a buildable lot. Am I right? What the of the new lots the of the new lots the six acres that's being added to the other to the neighbor is but the others are being taken out of the pos right but there's still one that is yes um there's no no net increase in lots though there's no net increase in lots and just for the record I'm not sure that the issue of a buildable lot is what comes into it either Um the the the point is that the recreation fee is to cover the need for additional recreation if you're creating greater density and this is the opposite of that. Uh I don't think there's anything else to argue about on that one. Correct. Uh so the question is um does it make sense to wave the recreation fee? I think it does in this case. Agree. [Applause] Make a move. to and I think that would be part I think it would be part of the res that's a good question it would be part of our final resolution the approval condition not not a separate correct um item

if it is the will of the the board to go on with this tonight and I think it does make sense um the first thing we need to do is seek her um Do I have a motion that this is an unlisted action? So moved. Is there a second? Second. It is an unlisted action. We do have a seeker part one. Has anybody pulled that up yet? The seeker part one. I haven't. You have it. Would you take care of going through it for us? Sure. um read it out or go. Um does the proposed action uh only involve the legislation adoption of a plan, local law, ordinance, administrative rule, or regulation? Um no. Does the proposed action require permit approval or funding from any other government agencies? Um yes. And it's going to need uh non-realy subdivision approval from Westchester County Department of Health. The total acreage of the site of the proposed action is 29.362 acres. Uh no acreage will be physically disturbed and the total acreage um under control by the applicant is 16.671 acres. Uh the land uses that are on or near the proposed action include uh residential, suburban, forest, and parkland. Um, is the proposed action a permitted use under the zoning regulations? Yes. Is the proposed action consistent with the adopted comprehensive plan? Yes. Is the proposed action consistent with the predominant character of the existing built or natural landscape? Yes. Is the site of the proposed action located in or does it adjoin a CA? No.

Will the proposed action result in substantial increase in traffic above present levels? No. Are public transportation services available at or near the site of the proposed action? No. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed actions? No. The proposed action um does meet or exceed the state energy code. Again, it's not applicable because there's no development. The proposed action will not connect to an existing public or private because again there's no development proposed and it will not connect to an existing wastewater utilities because again no developments proposed. Uh, does the project site contain or is it substantially contiguous to a building, archaeological site or district which is listed on the national or state register of historic places or that has been determined by the commissioner of New York State Office of Parks, Recreation, Historic Preservation to be eligible for listing on the state register of Historic Places? No. Um, is any portion of the project site located in or adjacent to a uh area on the New York State Historic Preservation Office for Archaeological Site Inventory? Yes, something came up. Um, does any of the proposed does any portion of the site of the proposed action or lands adjoining the proposed action contain wetlands or other water bodies regulated by a federal, state or local agency? Yes. Um but we have to identify then um what it is that's not here. But would any of the proposed actions physically alter encroach into an existing wetland or water body? No. Uh is the yes just referring to B or A as well? I'm not sure. Or C. I'm guessing just in terms of B because it's asking to the extent of the alterations. Yeah. Can you tell us uh which what you were referring to? Is it the Kiscoco River or you're referring to

the wetland question? Yes, there's on-site wetlands. They've been delineated. They were confirmed by the town. They're regulated the rear wetlands regulated by the state. There's a water course that runs along the southerntherly boundary that's regulated by the town as a water course. Okay. So that should that should be filled in into the part one the identification of them. So we'll ask you to take care of that and get back to us. All right. Moving on. Number 14. Identify the typical habitat uh types that occur on or are likely to be found on the project site. Forest early midsessional and wetland. Um, does the site of the proposed action contain any species of animals or associated habitats listed by the state or federal government as threatened or endangered? Yes. Uh, there's some bog turtles. Um, the project site is not located in the 100red-year flood plan or sorry, it is located in the 100red-year flood plan. Will the proposed action create storm water discharge either from point or non-point sources? No. Does the proposed action include the construction or other activities that would result in the empowerment of water or other liquids? No. Has the site of the proposed action or adjoining property been the location of an active or closed solid waste management facility? No. Has the site of the proposed action or adjoining property been the subject of remediation for hazardous waste? No. Okay. Okay. Okay. So the only change that I I see there in the part one that would would be adding the identification of the wetland areas. Everybody else satisfied with part one? Yep. Yes. Yes. Okay. So moving on to part two then which is our job to answer? Um will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No. No. Will the proposed action result in a change in

the use or intensity of the use of the land? No. Will the proposal proposed action impair the character or quality of the existing community? Quite the opposite. No. Um will the proposed action have an impact on the environmental characteristics that cause the establishment of a critical environmental area? No. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? No. Will the proposed action cause an increase in the use of energy and fail to incorporate reasonably available energy conservation or renewable energy opportunities? No. Will the proposed action impact existing public private water supplies? No. or public private wastewater treatment utilities? No. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? No. Will the proposed action result in an adverse change to natural resources uh wetlands, water bodies, groundwater, air quality, flora and fauna? And I although we have identified speed the bog turtle on this property, there's not going to be an adverse impact. In fact, I would argue that this will should be positive for the block turtle since it will preserve the existing habitat. So I vote for no on that. Any correct? Agreed. Agreed. Okay. Uh, will the proposed action result in an increase in the potential for erosion, flooding, or drainage problems? No. Will the proposed action create a hazard to environmental resources or to human health? No.

So that brings us to part three. And uh because we have not answered um that any of there is any moderate to large impact that may occur, there's no need to um have a an environmental discussion in part three. We simply need to determine the significance of this action. Um could I have a motion that this that based on the information and analysis above and any supporting documentation uh the this proposed action will not result in any significant adverse environmental impacts or that it may result in in one or more potentially larger significant impacts. Would anybody care to make a motion one way or the other? I'll be fine that there will be no significant adverse impact. Is there a second? Second. Um, is there any further discussion of whether this will result in any significant adverse environmental impacts? All in favor of find finding a negative dec declaration? I I all opposed. We have decided that this project will not have any significant environmental impact. Uh originally this was on the agenda just for a preliminary subdivision tonight, but I don't see any work that's left to be done on it. Uh so I would suggest that we give both preliminary and final subdivision approval at this time um

with the conditions that um the information will be filed as necessary the county clerk. Let me get the exact language or not. We'll have to file with the the county clerk within 60 days of uh your resolution. I know I'm being ah there's I have too many things on my desktop. Okay. So the um pursuant to town code 10732H, you will uh submit a final plat uh within 180 days of the resolution date of approval that pursuant to town code 10732J paragraph 1, the signed plat will be filed with the Westchester County Division of Land Records within 60 days upon the signing of the plat pursuant to Town Code 10732K. After full execution of filing the signed plat with the Westchester County Department of Land Records, the applicant submit six copies of the fully executed subdivision plat to the town for records retention. Um that you must notify the planning department of any changes to the approved PL plan set and subdivision plat and submit required materials for additional review and approval if warranted. Um and we have already discussed the issue of waving the requirement um for of

$10,000 per created lot recreation fee. Um so the I would argue the resolution should contain the the waiver of the recreation fee as well. Um could I have a motion with those conditions? Move to pass out with those conditions. Do I have a second? Second. We have a motion and a second. Is there any further discussion? All in favor? I I. All opposed? You have it. Thank you very much. You're welcome. Okay. The next item on our agenda is another public hearing. Uh this is to consider an application for the reestablishment of an expired special use permit for a philanthropic ele. [Music] Um the owner applicant is the Katona Museum of Art at 134J Street in Kona. Is there someone here to speak for the applicant? Not me. I'm the one who raised the question. I will I will call you soon. Hi. Um, thank you uh for your time this evening. My name is Craig Inerelli. I'm uh uh I'm an architect and I'm also the board chair of the Katon Museum of Art. and I'm here with our executive director and chief curator, Michelle Yun Maplethorp. I wanted Michelle to give a brief about the museum since the last time we came up for our uh renewal for our permit. That's a good idea since it's been 10 years. Thank you. Good

evening. Um thank you so much for taking the time to listen to our um presentation. Um as Cres as Craig mentioned, um my name is Michelle Yan Mabel Thorp. the director and chief curator. I have been leading the KMA since August of 2022. Um, and just to um give you a brief overview, the museum has been serving the community since it was founded in 1954. It started at the Katona Library and then in 1990, opened its doors at its current location. Um we uh generally have three major exhibitions a year and we really make every effort to be thoughtful in bringing um you know emerging artists, bringing important artists to the community, bringing scholars to contextualize the shows um and really to provide an educational um and you know cultural platform for the community. Um we have many free events. We have an important um exhibition for high school seniors that is in its 43rd year um called Young Artist. We serve 40 high schools across five counties in New York State and Connecticut and teach the art um the students all about running a museum and um you know really showcasing their work. um you know we bring um so many people across the community and beyond to Kona to the town to the businesses um and so um you know we really aim to serve all facets of the community. So thank you very much. Thank you for that presentation. Um, did you want to say something about why

you're here tonight? Yes. Um, we we're here because, as you mentioned, it's it's 10 years since um, our renewal for our special use permit because we are in a residential zone, a twoacre zone. Um, and so we have been, you know, operating on a special use permit awarded by the the planning board every 10 years. So, um, we have a few items that, uh, we were made aware of that are outstanding in order for us to kind of close out a couple of our permits. One is a generator that we installed about 5 years ago. And we need to um provide a um a site plan with a setback. We provided a site plan with the generator location, but not with its not with its present location. We received a variance for that because it is on the side of Reservoir Road which is considered a front yard setback. So we have two two front yards. It's Reservoir and J Street. So we're within that 50 foot setback. So we owe that to uh to you and and Shay. Uh the other item is we So you have you you don't have a site plan to give us not tonight unfortunately. We we have a um we have we gave you a a updated survey from our our surveyor uh but we haven't had the opportunity to put that set back on the site plan. We received this information just the end of last week. Okay. Last Thursday. Last Thursday. The other item is we we installed an EV uh charging station for the use by the community and also for people who come and visit the museum. and um we have to install a couple of protective ballards in front of it. So those two items uh are the ones that I'm aware of in order to kind of clean up any open items that the building department has. The EV charging is in the parking lot. It's in the parking

lot. Yeah, we have two two parking spaces for that. I think that we can go forward tonight with a conditional approval if we choose to to do an approval and have you come back to to complete the site plan issues. Sure. They they don't seem to be the type that would necessarily be a problem, but there may be other things that we want to talk about tonight as well. Sure. Um do you have anything else to No, that's all I have for for now. Okay. Then this is a public hearing. Um so I would like to invite any members of the public that have questions or comments to come to the um maybe we we did receive two of the concerns from neighbors that we can we can address. Maybe maybe we should let the neighbors speak. That's fine. Okay. Thank you. Okay. Uh, my name is Evelyn Tapp Rosenthal and I live on Barrett Road adjacent to the museum and there's been several issues over at least 10 years that um I've made phone calls and it gets rectified but it seems like with a change of staff and maybe people forget that I thought that a public situation could nail these things down and come to a amendable agreement. One is with the new generator, the um self- testing goes on at 6:15 to 6:30 in the morning and it runs about 20 minutes and then it happens again the subsequent hour and then sometimes the following hour that I thought a real easy fix would be like just do the selfch check at like 1:00 in

the afternoon on the days that the museum's closed. um that really bothers several um residents right across you know the the backyard borders 22. So can that be changed? Um if I may address that um maybe it would make sense if let Okay, two more. Um, another one is, and it's a wonderful um event when you have the young artists event on a Saturday in February. Um, but they use Barrett Road at the museum uses Barrett Road as a parking lot and they have a sandwich board and they have a guy with um directional um, wands and the neighbors were not made aware of it. Um, and I think if it would be nice just to get a notice saying, could you, you know, bear the couple hours an event goes by, that it's it's a nice thing, but we're caught off guard and we don't know it and all it does is make people grumble. Um, and the third thing is um garbage pickup. that if it could be after late later than 5:30, 6:00 in the morning, if it could be more like 7:00. Um, and it's different kind of garbage collection cuz they have a dumpster and it clanks and I don't know with the noise ordinances if like an hour could be. I've called it in before um when with um Neil Watson was in charge and they accommodated that, but I think you know maybe you change um garbage pickup companies and people change and it gets forgotten. So I'd like it to be more permanent. And th those are the three things and I think they're easy fixes. Okay. I like

the museum. Thank you very much. Okay. Um, are there any other comments or questions from anyone in the in the courtroom? Are there questions or comments from anyone uh on the Zoom? We did have another letter as as well as as yours which raised essentially the the same uh a couple of the same issues u with less specificity. Um, so if you could. Yes. Well, first of all, um, I'd like to thank you for addressing your concerns because if we don't know that they're issues, then we don't know uh, you know, that we need to solve them. So, I I do appreciate that. Um, I just wanted to um respond uh to the three points um that were raised. Um, in fact, our generator is scheduled to run its uh at its weekly test at 10:00 a.m. on Mondays. Well, apparently though, you I've we've had letters from two different neighbors saying that that's not what's happening. Well, I mean, you're welcome to come and see. You know, we we have it recorded. We do it at 10:00 a.m. I don't know if it's somebody else's generator. The um the Legion is right next door to us. I'm not sure if they have a generator or if they have an Just get your generator company to double check that it is because sometimes with power outages or other things, the clock can reset so it thinks it's 10:00 a.m. and it's not. So, but the generator service company can make sure that that's actually what's happening. And from our perspective, the

the solution's simple because we'll make a a requirement of your approval that it's happened. We're there during this because it's during business hours, we're there and so we can hear the generator, but I'm happy to double check that it's not also being run at different hours. And if it turns out it's it's not you, that will give us the opportunity to find out who it is. Sure. Great. That's wonderful. Um and then in terms of the parking um you know we are aware that there is overflow when we have our young artist program. We do hire an attendant to control the parking. Um what we instruct the attendant to do is to direct people to our parking lot that accommodates 53 cars. And then for overflow, we um have a relationship with the American Legion and they allow us to use their overflow parking. Maybe because historically people have parked on Barrett Road, there may be people that still do that. We don't advise people to do that. Um but again, you know, we'd be happy to let you know in advance when the opening is and to, you know, advise the parking attendants to make sure to let people know not to park there. Um you know, so sandwich board. I mean, you do know that the bare um I mean I I'm not aware that we have been using the sandwich board recently, but um again, we can address that and I will make sure that the staff don't use it going forward. I I think we can make it clear that um we are aware of the overflow parking at the American Legion because that was indeed approved by the town. Some of us on this board voted to do it. So that would I have to admit was my first reaction to um hearing about it was well what happened to the approved. So you are still using the American

Legion. Yes, we use it. Um, so that being the case, um, I'm not sure the town would be that comfortable with a town road with people being directed to park on the town road or um, not only that crossing route 22. Yeah. So, so I think we're going to go on record as, at least is my suggestion that we go on record as um saying that Barrett Road should not be used for parking and maybe ask you to um in your public announcements of events uh ask people not to park, you know, tell people that there is parking available not only in the uh in in your lot but at the American Legion as well and that uh part parking is not to be encouraged on Barrett Road and also when you're having something that you know is going to bring a lot of parking if you could allow alert your immediate neighbors. Sure. We would be happy to do that going forward just because when that happens people can plan for it. Um there was another uh issue that was raised in one of the letters about some of the events um being rather loud and the the music being being loud. How often do you have outdoor events that have accompanied music? generally once a year and those at least during my tenure have ended at 8:00 p.m. So we don't have we generally have one summer social each season each summer rather

and we make sure because we know that there are ordinances with sound and with light that we end um you know at a reasonable hour and I think we'll specify asking you to do that but what you're I mean to my mind a one outdoor event a year is is something you should be allowed to have. Most most of us might do it in our own private homes. Um, and again, if there's going to be something, informing the immediate neighbors is a polite thing to do. I know when my neighbor had a graduation party, they told me ahead of time about it. Okay. Uh, and ending it at a reasonable hour. Great. Yeah, we'll do that going forward. We'll send advanced notice to um the list of neighbors who we sent out the public notice to for this hearing. That would probably be the great the best way. Great. And then just the final point um about the dumpster. Um the dumpster that was formerly used by the museum was in the parking lot of the um American Legion. That was taken away at least 9 months ago. So right now we only have two residentialsized rubber bins that we use for garbage, one for recycling and one for waste. And um according to our um operations manager, they come between 7 and 9:00 a.m. on Fridays, so just once a week. So perhaps that was um something that was, you know, occurring in the past, but we removed the dumpsters and so we only

have two small receptacles that are in the um entryway to our sculpture garden, which is embedded in the um parking lot. You know, it it's adjacent to the museum within the museum's. That certainly sounds like something that should solve the problem. Have you noticed it not being as bad recently or or just not noticed it recently? between 7 and 9:00 a.m. on Friday mornings. The the generator runs um on Monday at 10:00 a.m. Yeah. Yeah. But if you haven't noticed it recently, it sounds like whatever they're doing is probably working. Um, so maybe we will ask you to to continue with that and to inform the town if at some point that um you you have to go back to using a dumpster just so that we can keep keep track if there's begin to be complaints again about that. I know the um the dumpster issue and the garbage collection issue is is a difficult one that people we we don't always have control over. Uh I live near commercial property and my neighbors try to control their dumpster pickups but the garbage companies are not always that amendable to to it. and their situation is complicated too because the town also doesn't want them mcking things up in the middle of rush hour. So that's one reason we get the very early pickups. But I I think I think what I'm hearing is that there's room for try everyone trying to do their best and cooperate.

And so what I would suggest is we are going to want to incorporate some of those issues into our decision. Yes. No. Yep. The applicant doesn't object. So I don't object, but you just caution against holding this use to a stricter standard than a any of the residences in the area. Um homes are certainly permitted to have generators that test once a week. We don't place restrictions on that. Um, and the street parking issue likewise, you know, once a year. Uh, seems like a fair use of the public right away. But, uh, yeah, but because, you know, again, I don't object strongly. No, I just I do want to clarify for for the record though because I think this is important. Um, we're not although although we are treating this applicant somewhat diff differently than an ordinary residence because they're an applicant that requires a special permit um, which actually in the code requires that they be held to a somewhat different standard. Um the fact of the matter is these are the kinds of things that we quite often make um resolutions about in the special permits for illiaminary institutions. Uh there are several in town that involve literally pages of um rules and regulations. I might be concerned about that, but fair enough to possibly we might want to talk about that in more detail on an ongoing basis, but right now um we in fact would be treating the museum differently if we said that they aren't held to any additional standards.

Um because a large scale the the impact the whole reason for special permits is that the impact of the the item that is being special permitted is in fact different than that of a sure of a residence. And what makes it palatable to allow it in a residential zone is in fact the um the fact that they may have to do something that a resident would necessarily. Also, it's not unusual to ask for one neighbor to ask another neighbor to not test the um generator at 6:00 in the morning. So, um, no, no objection to neighborliness. It's a good thing. Okay. Um, what is the feeling of the board? Shall we take action tonight? I think we should and with the conditions that we've outlined. Is is that a a motion? Yes, that's a motion. First, that might be a good idea. If we're renewing No. Would would you like to It was That was a question. If Since we're renewing, we need Do we need to Well, you're not renewing. You're actually reassigning it because it lapsed. Oh, because it lapsed. Yeah, exactly. Okay, thank you. Yeah. However, I believe this still is, but I don't think this is an unlisted. This is a it's not a type two. I would air on the side of caution. It's not

super clear. And since the applicants provided your part one, there's no harm in dedicating it in unlisted action and going through everything. I agree there's one exemption that seems like it might apply, but it's it's it's iffy. So happy to dot our eyes and cross our tees. Okay. Does some has somebody pulled up the type one then? I have it. You want me to go through it again? Uh let's get I I I don't want you to have to do it twice. It's bad enough having to do it once. I must admit, I'd love to come up with a better way to go through the type ones. Do you have it, Michael? I do. Hold on. Why don't you? I need other glasses, though. Okay. Number one, uh, Katona Museum of Art reestablished special use permit for non-residential use in zone R2A located at 134J Street, Kona, New York. Uh, item number one, does the proposed action involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? No. Does the proposed action require permit approval or funding from any other g government agency? No. Total acreage of the site proposed action is 2.356 acres. Total uh acreage being physically disturbed zero. Total acreage of site is 2.356. Check all land uses that occur or adjoining or near the proposed action. It's checked other art museum. I think we'd want to put suburban. Suburban. All right. I think that is a change we should Should we include forest? Is it I was just going to say you're right up on maple next to the reservoir and the

woodland. So I would agree. Yeah. All right. So forest to that. Does the American Legion post count as commercial use? No. It's also an Ela Masonary use. [Applause] All right. Number five is the proposed action a permitted use under the zoning regulations. No. B consistent with the adoptive comprehensive plan. Yes. It is permitted as a special permit. So I'd recommend changing that. A. Yeah. Okay. All right. Six. Is the proposed action consistent with the predominant character of the existing built or landscape or natural landscape? Yes. Is the site Seven. Is the site of the proposed action located in or does it adjoin a state listed critical environmental area? No. Eight. A. Will the proposed action result in a substantial increase in traffic above present levels? Answer was no. B. Are public transportation services available at or near the site of the proposed action? Answer is yes. C. Are the pedestrian accommodations or bicycle routes available on or near the site of the proposed action? Answer is yes. Nine. Does the proposed action meet or exceed the state energy code requirements? Answer was yes. 10. Will the pro proposed action connect to an existing public private water supply? Answer was yes. Will the proposed action uh 11. Will the proposed action connect to existing wastewater utilities? Answer was yes. 12. Does the project site contain or is substantially contiguous to a building, archaeological site or district which is listed on the national or state register of historic places or that has been determined by the commissioner of the

New York State Office of the Parks, Recreation, and Historic Preservation to be eligible for listing on the state register of historic places? Answer was no. B. Is the project site or any portion of it located in or adjacent to an area designated as sensitive for archaeological sites on the New York State Historical Preservation Office Shipo Archaeological Site Inventory? Answer was no. 13. Does any portion of the site of the proposed action or lands adjoining the proposed action contain wetlands or other water bodies regulated by a federal, state or local agency? Answer was yes. B. Would the proposed action physically alter or encroach into an existing wetland or water body? Answer is no. 14. Identify the typical habitat types that occur on or are likely to be found on the project site. Check all that apply. It's the only item checked is suburban. 15. Does the site of the proposed action contain any species of animal or associated habitats listed by the state or federal government as threatened or endangered? Answer is no. Is the project site 16. Is the project site located in a 100red-year flood plane? Answer is no. 17. Will the proposed action create storm water discharge either from point or non-point sources? Answer is no. 18. Does the proposed action include construction or other activities that would result in the empoundment of water or other liquids? The answer was no. 19. Has the site of the proposed action or adjoining property been the location of an active or closed solid waste management facility? Answer is no. 20. Has the site of the proposed action or an adjoining property been the subject

of remediation ongoing or completed for hazardous waste? Answer was no. Okay, I don't see any problems with the part one. Does anybody other than the corrections to the kinds of surrounding areas? Is there anything else that should be added or taken away from the part one? Okay. Then on to part two. Based on the answers given in part one, will the proposed action create a material conflict with an adopted land use plan or zoning regulations? No. Will the proposed action result in a change in the use or intensity of use of land? No. No. Will the proposed action impair the character or quality of the existing community? No. No. Will the proposed action have an impact on the environmental characteristics that cause the establishment of a critical environmental area? No. No. Will the proposed action result in an adverse change in the existing level of traffic or affect the existing infrastructure for mass transit, biking or walkway? No. Will the proposed action cause an increase in the use of energy and fail to incorporate reasonably available energy cons conservation or renewable energy opportunities? No. No. Will the proposed action impact existing public or private water supplies? No. No. Or public and private wastewater treatment utilities? No. Will the proposed action impair the character or quality of important historic, archaeological, architectural, or aesthetic resources? No. No. Will the proposed action result in an adverse change to natural resources such as wetlands, water bodies, groundwater, air quality, flora, or fauna? No. Will the

proposed action result in an increase in the potential for erosion, flooding, or drainage problems? No. Will the proposed action create a hazard to environmental resources or to human health? No. No. Again um there was no question in part two to which um we answered that there was a moderate or large impact which may occur. So there is nothing that needs to be discussed in detail in part three. Therefore, based on what we have decided, could I have a motion either to determine that based on the information and analysis above um the proposed action may result in one or more potentially large or significant adverse impacts or a resolution stating that we have determined that based on the information and analysis above, uh the proposed action will not result in any significant adverse environmental impacts. will not result in uh we we have a motion that the uh proposal will not result in any adverse environmental impacts. Do I have a second? Second. We have a motion and a second. Is there any further discussion? No. All in favor? I I All opposed. We have now determined that that um according to the rules of seeker this application will have no adverse environmental impacts. So having determined that do I have a resolution? Did we close the public hearing? Actually that's a good point. I don't think we did. Could I have a motion to close the public hearing? So move. Is there a second? All in favor? I I all opposed. The public hearing is

closed. Uh can I ask a question? I thought the next item was going to be a public hearing also. 48 Hillside Avenue. We're not up to that yet. Yeah. Each each public hearing is is separate. We haven't closed all public hearings. We've just closed the public hearing on this application. Oh, but does that mean I should log out for now because it's not public anymore? No, no, no. This is just there's a difference between C can I ask who's speaking please? Paul Chambers. Okay. Oh yeah. No, I just wanted to know who on the Okay. Um I'm sorry to interrupt there. Just that's okay. Um I'll try to try to explain. A public hearing is an an opportunity when the public has an absolute right to speak. Uh the whole purpose of of the public hearing is to allow the public the opportunity to speak. All of our meetings are public meetings uh and follow the open meetings law. Uh the the public doesn't necessarily speak during our meetings. Although by and large this board does allow for public uh participation even when there's not a public hearing which sometimes confuses people. But tonight we are specifically having among other things a series of specific public hearings and continuations of public hearings. But each public hearing is a separate hearing and so each one has to be closed at at or adjourned one or the other at at the end of the discussion. So the fact that we're closing the public hearing for the museum has no impact on the next item on the agenda. Okay, I see. I understood. Thank you. Okay. I don't get get a chance to lecture

people on that on a regular basis and I'm a college professor so I kind of enjoy uh explaining these things. So I apologize too. Um so um now that we have we did close the public hearing. Yes. Um could I have a motion? Motion to approve. Um do we need to go through the the conditions again? I think we should. Yeah, I I think so. So let's see if I can remember this. Um please start generator trash. Yeah, parking and generator. Yeah, let's start with the generator. That was the first one. Uh so uh the the um generator will will be tested uh regularly at 10:00. Um we were going to Yep. Monday with the generator company. I don't know if we have to put confirming with the generator company into into it or do or should we? The important thing is is you'd be on record assigning a a time as specified by the applicant and the applicant states that this is when they do it. So if something were to come up or a neighbor um um provides a a complaint or something that's otherwise, then it can still be investigated either way. So I don't think you necessarily have to take it to that second step. Yeah, I I I think that makes sense. Uh so the generator will be tested at 10:00 on what day or Monday? We have been testing it at 10:00 a.m. on Monday. Okay. But we could do it, you know, during business hours from 9 to Well, if if 10 10 o'clock seems like a reasonable time.

And I think it I think it's good to have a specific time. Perfect. Um, in fact, I might even say if were to change, might ask you to call the building department and tell them that you've changed. Sure. Um the I think we decided not to not to um well we I don't know that we decided this. I'm going to recommend that we not try to write something in about about parties at at this point. Thank you. Um it's okay. I I think we reached the the conclusion that this can be done on a good neighbor basis. Yes, we will. Does that make sense to Yeah. Um the parking uh parking will not that the museum will not encourage parking on the town roads. will make people aware of the parking availability not only in the in the museum's uh own lot but the overflow parking that exists in the American Legion lot and will um ask it its patrons not to to um park on the surrounding private private streets u if at all possible. Yes. And we'll certainly not uh have anyone direct people to to park on those streets. Correct. Correct. So that's parking generator. The applicants that the garbage was already resolved. I'm sorry. The the garbage was the third item. the pickup

is that the um perhaps we put if if any significant change in the current garbage pickup routine occurs uh that will like will be likely to cause noise that um you will return to the town to get get advice. advice on it. Yes, for sure. Um Oh, and the one thing about parties was uh informing the neighbors if there's going to be in advance a um a large a large gathering that is likely to be disruptive but happily so. Yes, we would be glad to do that going forward. Okay. So, I think that covers we just add the general again the general the general special use standards. Yes. 12516. Yeah. I don't think I need to read all of them. uh and the the term of the special. Yeah, it um I was a little bit worried about the going the 10 years um because it seemed that things got dropped with with 10 years. So I think we might go back to five is is kind of the normal. Okay. Uh, so I think we'll extend it for five years this time and then if everything's evened out, go back to to 10. It's not that it's not that hard to come be before the the uh the planning board. We're really very nice people. So, and we miss you. So, thank you. Wonderful. That's great. Uh,

so does everybody agree that five years might be reasonable at this point? Agreed. No objection. Oh, and then I just the um the two items that that still need to site plan approval that you will return to this board to to get the the site plan approval. Yes. And the special permit is is dependent on getting that those materials. Understood. Okay. I think that that's all of it. So, we have a motion and a second. Well, we have a motion that includes those. Did somebody second that? Would somebody second that? Second. Um, is there any further discussion? All in favor? I. All oppose. You do have it. Thank you so much. Thank you for coming and thank you all in the in the neighborhood and there for getting along with each other. Thank you. Okay, the next item on our agenda is the continuation of a public hearing uh to consider a steep slope application in connection with the construction of a new residence pursuant to town code 102 with a storm water pollution prevention plan pursuant to town code 103. Uh the property is uh owned by Wolf Lucarath and it is located at 48 Hillside Avenue. Uh is there someone to speak for the applicant? Okay. Now, the planning board recently did a a site visit, and I think we may talk about that a little bit in in the

beginning uh and then opened the public hearing as once we've talked about that. So, for the interest of of those who wondered about this, we're not going to open the public hearing immediately. We're going to hear a little bit of information about the planning board's recent visit and then we will open up the public hearing. Uh good evening Tim Allen Bibbo Associates with me Tosquza Tender Architects Glenn Tyers Benedict Tyers then Wolf Luca Rath is with us tonight um representing uh Wolf on this project. Um, as the, uh, chair said, uh, we had a site visit on Friday. Um, most of that site visit really had to do with the, uh, the the building and its proximity to, uh, the Travel Way, which comes down between Hillside Avenue and, uh, Congen Avenue. Um, after that meeting, uh, we we clearly listened to the board at that meeting and thank you for all coming out in the morning, those of you who could make it. Um uh we had we had looked at that as we discussed uh it's a very unique situation in that that the house and the setback uh has a road basically in the in the sideyard setback uh in consideration of it. So it's a very unique situation in that you've got a road uh transversing through the lot. Uh normally you would have a right away and then the lot proceeds beyond it. Um, having said that, uh, we had a little meeting after, uh, the board had left and, uh, um, Teao was hard at work this weekend, uh, trying to reconfigure and make that, uh, situation at the roadway in the building there a little better. Um, so Taylor's going to present a plan where we've we

were able to shift that building back a bit. And, uh, as we discussed also, uh, uh, Glenn's office has been brought on for landscaping and Seth is here also. Um and uh we'll work now we'll have a little more room to work on the landscaping and softening that building. So uh with no further ado, I'll let Taylor just discuss the change, but it really has to do with that uh frontage on the uh on the traveled way. Good evening. Good evening. It's good to see lady. Thank you for joining us at day and for the the advice. uh for taking your time and giving us your your feedback. And um we understand that the the the hard point in here is actually the the proximity of the building to the travel way as uh team indicated and uh we we are we have made uh one first attempt by reducing the footprint of the building. If you can see on the screen where the building as uh presented is the red line that you can see here. So we have shifted you know adding six feet to this side 12 ft to this side here increasing the distances to the to the curving and the travel way. I think we can do a little better. But um also, you know, I want to remind all of us that, you know, we have a quarter acre district, you know, with um and this this lot is one acre. So it always has a little room to develop larger than a quarter acre you know and on the building coverage we are you know about half of the allowed we are 10% where 20 is allowed likewise in the

imperous surfaces we are 17% when 40 is allowed the the reason of the expansive footprint if you will is the desire from our client to have one level living. You know, the the house as uh approved in the subdivision, it it was a two-level living. So, the house would normally be taller, perhaps more compact, but taller, will have a larger appearance. In this home as presented, we have a a one level living and uh there's a a basement with with windows on the lower area, a byproduct of the change of grade elevation. You know, the building height as well. The building is totally compliant. You know, we are at an average the the the way that a building will be, you know, measured by by code. We are about 22 ft because they will be calculated to the midpoint of of the roof and to the from the average grade elevation and at it highest point actually in this elevation here where it has the larger exposure, you know, the building is about 30 ft. absolute, you know, from the finish grade to the peak of the roof. We can make it 20 ft if we eliminate the gable, but it it will be totally out of context of the neighborhood in general. So, I think that the slow proofs is a is an asset here. uh as uh team also indicated by pushing the building towards the back as uh as I had shown you earlier it will allow us to do a good amount of foundation planting. We can also leave some of the trees you know Glenn will advise on that. He indicated to me that some of the trees are not in in in good

shape and they are know the the the best specimens. But I know that, you know, in in all the group of trees that we can see here with the green, there will be several that we can keep which will mask the house from the road. It will create a better scale and perhaps will obscure some of the appearance to the neighbors. Um I don't think the house will suffer that way. So I still say with no further do we leave it our experty here to speak. Hello everyone. Glen Tyers landscape architect. Uh Seth where are you? He's been working with me on this. Nephew not son. Um so yeah. So, when I talked to Teao and Tim about this, the idea of trying to get as much of the the facade along uh the roadway back to give us a little more room because it is tight. There's a water easement there. Have to be very careful of that. But every inch helps in this case. So, we're going to be working to develop a plan to provide more scale to the house. I like to use bigger trees where we can. And now on that corner that's the tallest corner, there's becomes a better opportunity to do that. Um on that shared property line with the McCrossen residence, I still think there can be um some broadleaf evergreen shrubs or some I had originally wanted to do arborites there. I understand there's some concern about the width of those about 10 foot strip. So, we're going to be working to come up with suitable plants that will provide uh as much for season cover as we can, uh provide large trees where we

can and provide a generally an overall um uh planting plan that really sort of helps bring the building into scale as as much as possible. Um there's an area that's going to be somewhat leveled out for the uh septic system. Um but beyond sort of the immediate footprint of the house and the grading that needs to be done between the house and the um septic system in the reserve area to leave as much of that as natural as possible. I do I did look at it again before I came. I literally live probably within 500 feet of this site. I'm on terrace sites. Um, so I'm familiar with it and I know Tom Crossson um been to his house many times. Whole idea of trying to nestle as much as we can of this house into that site is going to be critical. Um, so we've been tasked with coming up with a plan that does as much as we can uh in that direction. And so we'll be working on that more specifically with plants, varieties, sizes, quantities, total plan um put together. So at the end of the day, this gets put back together. It'll be something that I think will be an asset to the neighborhood. Um although larger than some of the surrounding homes, the site is, you know, is an acre. You know, I'd rather see something more suitable, one house, than three or four smaller houses and septic systems and driveways and patios and walkways. So, and this is really sort of pushed as much to I call it the west as possible to keep to not have to overdevelop the rest of the property.

So, that's going to be our approach. Yes. you know this much better than I, so this is just a question, but would it make sense to put some um shrubs in between the trees just to soften the whole thing and visually on the lower? So the idea would be to have layers so it's not just canopy and it's not just deciduous. So it' be combinations of really from ground covers, perennials, shrubs of both deciduous and uh evergreen as well as where we can get some larger evergreen trees. I wanted to do that as well. But yes, so it's a multi- storied landscape and that's what we're going to be working on. And I assume you're going to continue to work uh with the engineering end of things as as well as the as the water control begins to Yeah. So I know Tim's been working on a SWIP and um so yeah, we're aware of his plans. There'll be uh when we when we do our work, we really take all Teao's information and Tim's information, take look at that whole site development and then try to address the landscape to be appropriate. Um so we're not interfering with certainly any of the storm water work. Um but yeah, we will be doing that. And how's the storm water work coming along? Um again Tim Allen Ball Associates. Um I just wanted to get the the house discussed with the board but um as we discussed in the field um the current plans that are uh have been submitted um which have not been reviewed by the town engineer yet um but nonetheless we had discussed at the last meeting adding infiltrators and reducing the runoff from the site. Um, you'll recall at the subdivision level, part of that

subdivision approval was putting in drainage on on the travel way to bring it down to Cogn so that some of the washouts that occurred on the travel way would be reduced because the water would be into the catch basins. In addition to that, at the subdivision level, we did not have the infiltrators. Uh given the uh increased footprint of the house, um we had provided for infiltrators uh in the back of the property um away from what we're talking about right now. So it'll be out uh in that open area behind the house where the infiltrators will be located that has now been submitted to review. Are we losing much in the way of trees to put the infiltrators in or are there more trees that have to come down for the infiltrators? um a few in the back, but it's less wooded. Uh it's a little more open in the back. We'll certainly u look at the trees and try to fit the infiltrators in with the min minimum amount of tree work we have to do. Yeah, the more that you can preserve the the better, but I think the most important thing is to get the water taken care of. Particularly if you if you recall, you come around that corner and the infiltrators will be sitting up above that hydrant. So, uh obviously we we don't want to clear a lot of trees there. And then in addition to what Glenn had just described, uh, Wolf would like to look at screening off the medical building in the back. So that whole corridor will be nicely blocked off. Okay. I'm just curious specifically on the plan. So how did you accomplish moving it in from one corner 6 ft and one from 15 or 20? By by reducing the size of the house. Okay. So you literally just shrunk the width. No, it's not just it's not moving. The house hasn't really moved, but it has shifted because of the footprint has been reduced. You shrunk the width. Yes. Okay. Yes. In the two directions, and

we'll go a little more. Oh, we have a bigger scissor to do it. Okay. We we shrink the building a little more. We want to to be responsive to our client, to Mr. Garin, to Mr. Chambers, and the board. Okay. I I appreciate the fact that you Thank you so much for your guidance. I I appreciate the fact that you listened and have made what does seem to be a genuine effort to Thank you so much to uh make a difference. Um public hearing. Yeah. To just before that um three of us were on the the site visit. Um, I don't really have anything to to add because the the issues I had have have been addressed by um by the this work. There's been a real effort to um put a little bit more space between the edge of the the um roadway and the house itself. Uh, and I'm gonna be very interested to see the the final proposal, but it's going in the right direction, I think. Um, I'm still unsure about how the pool gets built or service. So, that's the other thing that I'll be looking at in revised plans of just what is the the access both for construction and then for, you know, annual or seasonal maintenance. Okay. And I'll follow up with that. There's a propane tank up by the pool. So, how is that going to be how is fuel gonna be delivered to that? Yeah. Um, and I really appreciate the fact that you move it away from the water line, but I still think knowing this town that you got to make sure that the water line's actually in that location that's being shown cuz I don't know if that in other circumstances that we've entertained in my time on the board,

water lines and sewer lines haven't been in the places that they thought they were identified at. So, I think that's something that needs to be confirmed on your It's worth double checking. Yeah. Um, could I have a motion to now reopen the public hearing? So, move. Is there a second? Second. Okay. All in favor? I I uh the public hearing is reopened now. And at this point, I'd like to ask if there are any members of the public who would want to have a comment or question on this application. First of all, any is there anybody in the courtroom would like to comment? How about on online? Uh, yes, if I could. Yes. Could you identify yourself, please? Paul Chambers. Mr. Chambers. I uh I'm glad to hear about the uh southwest corner of the house being put back a little bit. That was my concern that I raised the last meeting. So I'm uh happy to see that uh Lucarats were willing to do that. And the uh the layout of the trees that I see on the plan look also very encouraging in terms of uh aesthetics. Thank you those comments. Is there anything else you'd like to add? Just uh one more thing. It's been uh definitively decided about the town's commitment to maintaining the road, the the dirt part of the road when it gets washed out. I'm sorry. Could I I I'm not sure I understood what you were asking. Uh there was back and forth two years ago between uh the previous owner and the town about uh committing to maintaining the road on the part of the town, not the land owner

because the the road technically is part of the land owner's land. But the for decades the town has been repairing the dirt part of the road when it gets washed out several times a year. Um we we will make sure that when we make a final decision that that it is clear both to us and to and to the neighborhood what the what the arrangement is. I don't think I can at this point specify um can Tim unless you have the language in front of you. Yeah. Um there was a lot of discussion about the traveled way um during uh the subdivision proceedings of which um there was discussion of potential dedication whether it would be paved or not paved um and a lot of work went in it with Kevin Wyn and the town attorney. Uh through the uh discussions uh it was decided that the town did not want the road dedicated. they would continue to maintain it and that the applicant would in install the drainage uh that was proposed um and that was the what was worked out during the process. So the town will continue to maintain the roadway but it will not be dedicated to the town right now. Were you able to hear that um that the the town will maintain the road? Yes. Thank you, Jessica. Just a question. If the if it's not dedicated to the town and the town is maintaining it, liabilitywise, it's not it's not a full maintenance. Um I'll have to No, no, but liabilitywise, who's responsible for again? I'll provide the board the actual documentation that um to have been part of the subdivision because it does get um there are some specifics in there that I can't personally recall top of my head, but um the applicant's representative is correct. was not dedicated to the town. It would be done

in limited maintenance. And there are some caveats that go with that. Yeah. Um but that was all settled as the applicant stated between the town attorney and our DW supervisor um several years ago when the subdivision was approved. Yeah. and a confirmation and a confirmation of that arrangement will be part of the approval of this um because it because this is making some changes to the the water issues that affect the the roadway. Does that make sense to you? Yes. I'm sorry. Did you think that was It does make sense. Yes. Yes. Yes. Okay. Pick up more. Yes. Uh, is there anyone else who has comments or questions? Uh, yes. Hello. Yes. Go. Go. Uh, Mr. Gullen. Yeah, this is George Gullen speaking. Uh, I do appreciate the efforts being made to move the building off the road a little bit. Uh, I do just wish to reiterate concerns as to the coverage and their attempts to moving the building to the western part of the lot moves it closer to all the neighboring homes and that coverage and the size of that building does become a little overbearing. I remind the board back two or three years ago when the when this first was discussed that there was consideration for the 3,200 or so square foot structure that was there and that they felt just kind of fit into the maybe barely into what the community could could uh stand for size. It fit in. I'm thinking that what now is being proposed kind of

leaves that criteria in the in the dust. Uh I just would respectfully wish that they in their efforts to make it with the scissor he was showing me as small as possible so that this is not an overbearing structure sitting on the corner for everyone to see. Uh, also from my perspective, even though they're saying the heights of the building is within all the standards from the grade, etc., if you're standing on the road, that's another with the slope going on there, that certainly adds another potential 10 or so feet to the heights of this structure. And from again selfishly from my front lawn, I'm looking up at something that's going to be 40 50 ft up in the air potentially. Uh a little overbearing that close to the road and close to me. So I just wish to make my concerns known again and hopefully they can come up with uh a revisions that will take all that into account. Yeah, I to to be fair, I I do think from what we've seen tonight uh and you it was probably hard for for you to see it at this point because it was the first opportunity we had to see it. Um they have moved it further away from from the road and if I understand it correctly uh they have not done it by shifting the building closer to the houses. they've actually made the footprint smaller. So, it's it has not moved any closer to the existing homes. Um the the line that's close to the the road has been pulled back. Um you may I was referring to the fact that

they said that they in in the initial efforts tried to move it as close or as fur into the lot to the west as possible when they started. Oh, I see what you're saying. Yeah. Yeah. and that that in in from again the visual the presentation of this regardless of the fact that it is a 1acre lot and I do appreciate that and I do understand the coverage for an acre lot is quite different than it is for a quarter acre but visually and for the neighboring community here from people that are looking at this it appears as if that structure is on about a quarter acre. That's what our visual presentation is going to be. So it is uh a a massive coverage of that particular part of the property. So again that's my my concern. Okay. Thank you very much. Uh did you have anything else to add? Uh not at this time. Thank you. Are we going to keep this public part of this open again? Adjourn it or is it your intention to close it? Do you know yet? I why why don't we continue to see if there's going to be any f further comments and we'll make that decision uh by by the end of the meeting. Are there any um other comments from members from anyone on the zoom going once? Okay. My my instinct frankly at this point is to close the public hearing. Um we've had it open through two two sessions. Uh what I will say is it is generally the the policy of this board to allow the public to to speak at our meetings. So if particularly if there are changes in what is presented the next time the applicant is before us if

people on the public want to comment on those changes um it is likely that they will be welcome to by this chair at least. Um but I don't know that I see a point in keeping the public hearing open. How does everybody else feel? We could we could simply adjourn it. May I recommend that the board does adjourn it considering that plans are presented that have not been reviewed and not publicly posted? Okay, good point. All right. Forget everything I just said because I I take good advice when it is offered usually. Uh, and it is true that that the public has not had a chance to see these plans up up front and you may want to avail yourself of the opportunity to come in and look at them. Uh, and if after doing that you have things you'd like to tell us about it, we would be interested in hearing what you have to say. So, could I have a motion to adjourn the public hearing? So, moved. Is there a second? Second. Uh, all in favor of adjourning the public hearing. I I All opposed. Uh, the public hearing is adjourned. I don't think there's anything else that we can do tonight. Um, and we look forward to seeing you again and thank you for for um your responsiveness to what we talked about. Thank you so much. Good night. Thank you. Good night. Okay. Okay. The next item on our agenda is um it's not a public hearing anymore. It's to consider an application for a steep slopes project pursuant to town code um one of 102 in connection with the

construction of a new single family home um recreation bar, pool, driveway, and storm water management pursuant to town code 103. Uh the owner applicant of the property is 20 uh Bootenville LLC and the address is 725 Croin Lake Road definitely burning these Until next time. Good evening. Yo Hannison, KSCJ Consulting on behalf of 20 Mountainville LLC regarding 725 Croin Lake Road. Um this is our second appearance before the board. We're here a few months ago. Um we had a sitewalk uh one member of the board present. Um, since last appearing before the board, uh, we responded to comments provided by Han Engineering and their first memorandum. Um, we have coordinated with the Beverell Fire Department. We met with the fire chiefs, went over the plan. Uh, they requested a number of items. Um, all of which we we agreed to do. Uh, they requested that the driveway have stabilized shoulders. We had proposed a 12t wide driveway. They wanted uh a foot of gravel shoulder on either side for a total of 14 ft wide. Um they we went over our required um vehicle apparatus pulloff areas that are required by code every 500 ft. So we went through uh the driveway a horizontal alignment and uh chose the locations for those pulloff areas. We uh defined a apparatus turnaround at the top of the driveway uh to their

satisfaction. They uh requested a 10,000galon underground uh water storage tank for firefighting purposes. We agreed to that. That's located at the turnaround which seemed like a logical location. Um and uh I think that covered the fire department comment system pulloff areas driveway got wider. Uh we also uh submitted to uh CHIPO state historic preservation office. Um they had some comments. We ended up providing some um sighteline profiles and they agreed that uh our our site's not going to be visible from what is referred to as the wood lot which is a combination of four residences in the area that were owned by the wood family. It's the wood pile. What's that? It's the wood pile. Wood pile. What did I call it? The wood lot. I have that movie in my head. Sandlot. Um so we demonstrated to their satisfaction there wouldn't be an impact. We have a letter from them. I think I submitted it to the board. Um and really the plan just got further refined. We submitted to the health department. We have a first round of comments from the health department. Um those comments are not um anything to be concerned with easily addressable. We made our uh SWIP submission to the D. We're over an acre of disturbance uh within the New York City wershed. So required a full SWIP. That document's been prepared and submitted to the D. Um we have another uh comment memo from Han Engineering. Um again, very minor items that that we can easily address. Nothing um out of the ordinary. Um we provided a cost estimate uh at um on engineering's request that was submitted uh for this uh iteration. Um I think that's those are the updates. Okay. Um Jim Han's office has not yet recommended approval

and we can't move forward with the the sea slopes until we actually have his his recommendation. I'm right about that, aren't I? That there was Yeah, instead of general compete, but there's still a few outstanding issues. So, um, so we we can't take action at the at this time, but hopefully the next time we see you, it sounds like you're on the way. Make another submission addressing those comments. Can I ask question? Yes. This is really for my own edification because I'm sure there's a way that this is routinely done, but how do you ensure that the underground water storage of that size stays fresh? um does not grow bacteria and so forth. Well, it's it's for firefighting purposes only, non-potable. No, I know, but there's um it's going to be the the owner's responsibility um to maintain that tank. There's going to be a gauge on the tank. Uh so you can always uh Is there any circulation or it just There is no circulation. No, no circulation is needed and that doesn't wind up being I'm this is literally for my own edification. this, oh, you should be doing this. This is my ignorance that Yeah. No, there's there's no downside for the water just to be stagnant in the tank. Um, it could be periodically checked. Um, no, just curious. I think often times the fire department comes up and there's an agreement that they're they're able to to check on it, but it's absolutely the owner's responsibility to maintain it, keep it full. It helps their insurance policies as well. Presumably not filled via well. No, that would be be filled with a uh a water tank, right? Yeah. As will the pool. Okay. I don't believe there's anything else we can do tonight on this

application. We'll make a resubmission and uh see you soon. Okay. Here. Okay. Okay. The next item on our agenda uh is a new application um to consider a waiver of site plan uh for a new retail establishment with affiliated business related private events pursuant to town code 125-93. Um the applicant is Bricks and Mini Figs. Uh Christine Fischer and the owner is Kirko Operating Company LLC. Is there someone here to Yes. Hi Christine Fisher. Welcome. Thank you. And my uh Andrew and thank you for your patience. Oh no, of course. Yeah. Never been to one of these before. It's very interesting. And Andrew is my uh architect. So, okay. Have some. Okay. So, how do I share? How Oh, there we go.

Okay. Um, good evening and thank you so much for the opportunity to present. Uh my name is Christine Fischer. I'm a local resident and a small business owner bringing a franchise called Bricks and Mini Figs to Westchester um here in Bedford Hills. So we specialize in buy, sell, and trade um Lego products and both new and pre-owned and we also have uh an event space and we host kids birthday parties and different types of community events. It will primarily be retail focused, but we'll have a carefully curated selling for and a small party room that makes up about 10% of our activity. Um, our mission is to create a hands-on community oriented experience that supports creativity, sustainability, and uh, family fun, uh, centered around all things Lego. Um, our party room is designed for small gatherings under 30 people, and parties will be held by reservation only, um, mainly on weekends and after school. And these are quiet indoor activities. It won't create significant noise or traffic or any kind of disruption. Um, we're not making any major structural changes aside from pain flooring, we're making the bathroom ADA compliant. Um, we've reviewed the parking needs and between staggered party schedules and standard retail traffic. Um, I think the site can handle it. Um, yeah, and I chose Bedford Hills for this business because I I I believe it fills a gap in the community. Um, it's a safe and enriching activity for families while encouraging the reuse and recycling of toys. Um, and I'm committed to being a good neighbor. I'm I'm local and a good community partner and happy to work with the board to meet any conditions or address any concerns. Thank you. And this is the the interior site plan. Make it bigger, but

I have to admit that I'm a fan of all things Lego. So Oh, great. So is my seven-year-old. I have a seven-year-old. That's even more important. Yes. Yes. And I also have um if you wanted to see in interior renderings of this entrance here and you know we've got um obviously the Lego's not on the wall uh in this rendering but you know uh both walls will be showcasing either box sets or built sets. I've got glass um retail jewelry cases displaying um mini figs and lots of other smaller sets. And then in the middle we've got um gondelas that can showcase some uh Lego sets. And then these are bulk tables where uh I encourage customers, kids, adults to come in and just kind of play with loose loose Lego that then you can buy um you know buy a cup or a bag. And over here is it's going to be a uh a seating area, but also I'm going to have a toddler play area for younger the younger folks, the the younger siblings of the older kids. And then this is going to be where the party room is. Um, I don't have an interior rendering of that, but I'm going to have a viewing windows um, so that you can kind of see what's going on in parties. So, okay. You will have out outdoor sound systems during approved events, but you feel you can abide by the town noise. Yeah, we're not going to have outdoor events. It's going to be an indoor

Yeah, I kind of wondered about that with the the phrase that you had was that you were having amplified music or outdoor sound systems will not be used except during approved events. Oh, approved events, not outdoor events. I'm sorry. Um the grand So I am in um anticipating my grand opening, which is a whole different thing, right? But I'm not not going to be playing music or anything. there will be people lined out and I I might encourage people to kind of like going to be talking and kind of just the the noise of the people, you know, engaging with one another as they're waiting to get into the store. Be playing everything is awesome on repeat having that, but me that could be it does play in my headly anyway. But basically what what you're saying is is that should you be having a a large scale unusual special event, you would tell the town what was going on. Yes. Yes. And I'm anticipating just the grand opening and everything else is kind of going to be in my inside. Yeah. Yeah. And I believe that there's plenty of parking for this. There are 55 spaces in in that in the small um shopping center. Um I know I'm allotted 10 spaces, but um I live in the area and I I know that I I don't really see many people in the parking lot, but my operation isn't going to have, you know, hordes of people coming at once with parties or reservation and their drop off and I think I think we should be okay. And it fits in well with some of the other businesses that are in that that mall. I think kind of I I think there's likely to be some symbiotic relationships going on there, which is great. Yeah. Um, any other questions? No.

Your your question, I presume, is how soon can you open time? I'm trying for end of August if I can. Early September. So, I've been I've been waiting eagerly for this day. So, thank you so much. Um, any other questions or concerns members of the board? I would say that under secret, this one has got to be a type two. Great. That there's no real change to the exterior of the property. Um, so that's a motion. That's a motion. Is there a second? Second. Uh, any further discussion? All in favor of being deemed a type two. I I all opposed. It is a type two under seeker. If we were to um move forward with this tonight, and I see no reason for us not to, um I don't actually see any specialized conditions. Um perhaps that that the the owner commits to informing the town um if at any point there's going to be a large an unusually large scale event um or outdoor event. I will say that you I so before I open I am going to um what we call buy days hosting um you know set up a table and a small tent if there's you know you know very sunny out or what have you but kind of encouraging the community to come in and sell me their Lego so that I can build up my inventory for the may want to check with the building department of that if you're

going to be having a tent because there we have a an approval thing for temporary tents you can do it But corre yes, I will work with the with the board or the the planning department and the building department to make sure that it's Yeah. And that that would also be a good example of the kind of thing that if you were to do it in future um you you probably would you know I don't know if you would have a you know a spring sale or something where people traded. I think it's it's most it's outdoors because I'm working on the construction inside so I can't invite them inside yet. But it I guess it all depends also on how far along the construction goes or you know if it's safe enough to have people inside of the store versus just right outside the door so they know this is where we're going to be and then um sell me your Legos and and then you know it's kind of it will then end up on my shelves. Yeah. So, what is everybody's desire? I think we should move forward with it. Okay, that's that sounds like a motion and two seconds. So, yes, we have a motion and a second. And a second. Is there any further discussion? No. Nope. All in favor? I. All opposed. You have it. Thank you. Thank you so much. And and I encourage you all to come to my grand opening once we're open and I appreciate your time. Thank you so much. Sounds good. The final um item in our agenda tonight uh is a discussion to consider a preliminary subdivision for two lots affecting property both on in the town of Bedford and the town of

Pound Ridge. Um, the address is 75 Millertown Road and the owner applicant is Thomas Madden. Is there someone here to speak for the applicant? Yes, there is. Good evening, Dave Sessions, KSCJ Consulting. Um, thanks for hearing this informal discussion. Uh Jessica and I had some conversations about timing and um she had actually suggested that maybe I submit the formal application, but since it's a little unique um and we did the same thing in Pound Ridge, I just wanted to have a very brief conversation with the board in Pound Ridge and your board, not asking for you to bless anything, but you know, are we in the right direction? do you think it's feasible uh to move forward? I didn't want to spend all my clients money up front if this was a non-starter. So, we did, as I mentioned, we did meet with Pound Ridge. They were completely fine with it. Uh they had suggested if we have a decent uh meeting here tonight that we just go ahead and move forward and submit formal applications and do the engineering and so forth. But bottom line is the property is about 7 acres in total. Uh it is on Millertown Road, 75 Millertown. And if you know Millertown Road, which I'm sure you all do, uh many many properties have properties both in Bedford and then the rear of the property is Pound Ridge. Well, this is exactly that case. Um as I said, 7 acres. It's about split down the middle. I think there's uh 3.3 acres in Pound Ridge in the back and uh 3.7 acres up front. Uh it is there's one driveway that comes up up the hill to a single

family residence and there's a small little uh shed in the back. It's in in disrepair. He's probably going to get rid of that ultimately anyway. But those are the only two structures on site. There's a septic located here. There's an existing well. Um uh the there there are wetlands off site um to the south here and there's also wetlands off site in the Pound Ridge area to the east here. Um and I've shown the 100 foot wetland set back in Bedford. Uh the bottom line is um they would like to subdivide um and utilize the rear portion of the property for a new single family home. So basically what we're Oops. Yeah. What we're proposing is to obviously leave the existing driveway to the existing house in Bedford, but just expand the driveway uh to another new driveway back to a new house location in the back in the Pound Ridge area. Um I believe that the town of Bedford requires a certain width, whether it's 14 or 16 ft. I don't remember for the driveway width for two lots, accessing two lots. Currently, it's anywhere between 10 and 12 feet wide. So, the work being proposed in Bedford would include just that little sliver widening of the existing driveway and possibly putting a little pulloff area down here in the event that two cars are passing. Um, and the owner may or may not want to add a bedroom or two in the future uh to his existing house. So we might have to uh reconfigure the septic or add septic area or something like that. Um so that would be the only work being done in Bedford. Pound Ridge

is where you know all of the work happens. The new driveway, the new house, well, septic so on and so forth. Um so as I mentioned it is currently now one large lot. It is bisected by the property by the municipal boundary line. So we would be subdividing the pound ridge lot would end up uh being about 4.3 acres. And the reason why the big disparity is this flag lotidge requires frontage on on the road. Uh and they were completely fine that the flag and the access obviously uh starts in the town of Bedford. They were okay with that. Uh the Bedford lot would end up being 2.7 acres in size. This is a 1acre zoning. I should have mentioned that before. A little unusual right in Bedford and and and Millertown Road, but it is one acre zoning. So we've got plenty of acorage. Uh no variances would be required anywhere in the town of Bedford. Um uh the only wetland buffer disturbance would be happening in the town of Pound Ridge and that's just clipping their 150 ft buffer. You may or may not know Pound Ridge has 150 foot wetland buffer as opposed to 100. So we would be encroaching in that maybe 20 or 30 feet. We would obviously need permits from the water control commission there. Um so you know I I'm assuming that um the Pound Ridge would be lead agency. Okay. Yeah. It makes no sense for us to do it. Okay. Um you know if it goes forward obviously. So uh they assume that as well but obviously that's why I'm here to have this kind of feeling out session. Um I'm just curious what's the purpose of not having a lot line right on the town line? Why I have a little

bit of need? Good question. Pound has a very interesting uh zoning code. One of their criteria is how they define it. They they call it uh the minimum contiguous buildable area. And it is uh ominous. What needs to happen is you have to This is an R3 acre zone in Pound Ridge. You need 40,000 square feet of contiguous land without any slopes greater than 15%. Um one only onethird of that 40,000 square ft can be in a wetland buffer which includes the 150 foot buffer. Um and it needs to be a minimum of 50 feet wide. So that contiguous area cannot neck down. Uh so bottom line is if you look at the slopes basically we're looking for the white area. Right? If we just if we maintain the original uh the original line um it it it it wouldn't have worked. And also with the minimum uh the acreage, you've got to deduct environmentally sensitive lands for the minimum acreage. So we had to enlarge the acreage as well. So a lot of crazy criteria. So basically it's drawn that way because it's the only way it's buildable pretty much. Well, without a variance. Yeah. You know, or a Yeah. Uh we're trying to comply and have no zoning variances. We're trying to be as of right. So And you can meet that 40,000 square foot minimum with land that's not in the town. They've been on the books for a while. Uh it it it it all is in the town. Uh we've got a zoning map that we prepared. Oh, sorry. Maybe been looking at the

zoning district. So, I don't know if you could see it from there, but the green this green line is the contiguous Mhm. is the contiguous 40,000 square feet. Um, so yeah, it it is all within the town itself. That's a good question though. They I don't know if they would have been okay with that if some of it is in the town of Bedford. Um, but we don't have that problem. Fortunately, we were able to take care of it. So, um, so again, no, not asking for an approval. I'm not asking for anything like that at this point. I'm asking if you would offer. Ah, you know, Dave, it doesn't sound that bad. Um, we don't see any major issues. I'm putting words in your board's mouth, but if these are the words, then we'll go back to my client and say, I think we're on the right path. Let's go. Um, so that's really what I'm here to find out if you're so willing. I don't see any serious problems, uh, particularly not for for Bedford. Um obviously we won't take any action until Poundridge makes its decisions about seeker. Um my only other question, what does it do for the schooling? Because the Miller's in what? Bedford Village. The other one arguably would be Palm Ridge school you say? Yeah. I'm just curious how that I think I've got if you're off the same access street does that have any issue with the zoning from a school perspective it's a separate separate separate discussion I believe I don't know and Poundidge it would correct a different elementary

um I saw something but I believe the school district makes those decisions I think so So would the would the town require us to go through to submit preliminary final subdivision? Do I do I I guess do we have to go through the subdivision excuse me process with your board? I believe so. I I mean I know Jessica you had mentioned that we probably do. We've already submitted the preliminary application and filing. I would hope it that it wouldn't be a particularly ownorous position and it may make sense for you to get through the bulk of the environmental review with with Poundidge because anything that's likely to to be a problem if there is anything I'm not saying I think there is anything but if there is it's likely to come out in that process I would think um um we will have to do a storm water pollution prevention plan Um there, as I mentioned before, there will be some minor disturbance uh on the Bedford side. Mhm. Um and obviously we're going to work with Jim Han's office and kind of work that out. I'm not sure how we're going to do that yet. Um but we do have areas down here. And by the way, we have tested all the septic areas and all the storm water areas. So, we have legitimate septic systems and um and storm water systems, but we'll work those details out with and we will probably want to have our own public hearing about it, but I wouldn't think that we'd want a public hearing till after Poundidge has already had theirs. Do you know when they're No. Already? No. Um they meet Well, you do too now. Once a month. Um, we will probably try to get on the July. Yeah, their July agenda. When is

their July meeting? It's always the fourth Thursday. Okay. So, so there there's really no way you're getting on a public hearing with us. Our July meeting is the 16th and we usually don't have an August meeting and we're hoping not to have an August meeting. Okay. September. No, that's I think that's fine. Um, now is there a chance that the that the board based on the information we come back with from Pound Ridge, could the board wave the hearing or is it mandatory? Any resubdivision of land requires a public hearing. Okay. For the preliminary um Okay. discussion. There's my your real preliminary discussion, not your pre-liminary discussion. I would imagine though around September you might be too busy. You might have forgotten you said that. Oh no. Try you. You'll have more important things to think about around that time. Um but the rest of us will help her remember. Okay. Um well that's that's all I have. I mean, I'm here for any other questions if if you have any think there's anything else that we can do. We can't set a public hearing date because no um where I can't tell you how happy we are to let Poundridge be the lead agency lead agency. Um, yeah, we'd like to be kept apprised of particularly if anything starts to change in any way, shape, or form. Yep. And obviously we'd want to know when the the public hearing is in Poundidge. Yep. But I can't really think of anything else to ask of you. So, no, that's fine. I was just I didn't get kicked out of the room. So, that's a that's a good

sign. That that's all I really wanted to go back to my client. uh to tell we'd never kick you out after you had to stay this long to Okay. Well, that it's good by me. Thank you. Thanks for your time. Thanks, Jessica. You're welcome. Take take care. Could I have a motion to adjourn this meeting? Close. Oh, let's just close the meeting. Let's just close the meeting. To a to close the move. Is there a second? Second. All in favor? I I all opposed the meeting is closed.