TOWN OF TUXEDO
Town Board
Tuxedo Union Free School District
Town Planning Board
Subdivisions and Development
Town Planning Board Meeting June 8, 2010
The Town Planning Board met on Tuesday, June 8, 2010. All members were present.
Tuxedo Reserve – North Ridge Preliminary Subdivision Extension Request:
On behalf of Tuxedo Reserve, Attorney Dominic Cordisco appeared before the Board to request a 6-month extension to the preliminary approval for phase one of the Tuxedo Reserve project, North Ridge. Citing the ongoing quest for outside agency approvals as well as a desire to wait for the housing market to turn around, Mr. Cordisco stated that in his estimation, if granted, the extension would run until November of 2010. After minimal discussion, the Board voted unanimously in favor of granting the extension.
Nancy & Joseph Ribando – Preliminary Approval for Proposed 3 Lot Subdivision:
Engineer for the applicant Michael Sandour informed the Board that he had submitted a formal response to concerns expressed by the Town Engineer as requested. He commented that it was his sincere hope that this letter clarified all the issues as presented.
Town Planner Bonnie Franson then outlined the conditions under which preliminary approval could be granted, commenting that the subdivision would be labeled a “major” subdivision due to the need for municipal sewer and water hook-ups and the subsequent construction that would be required. The conditions as outlined were:
- All lots must hook into municipal sewer and water with NO septic systems to be installed and all maps/plans must be readjusted to reflect this.
- Drainage issues must be adequately addressed as outlined in the plans
- A permanent curb constructed out of either concrete or Belgian block must be installed along Nursery Road.
Following the review of these conditions Board Chair Nils Gerling read the resolution of approval into the record. The Board then voted unanimously in favor of granting conditional preliminary approval.
William Friedlich – Susan Court – 1 Lot Subdivision:
The Applicant began by informing the Board that technical approval from The County Health Department had been granted contingent upon any changes that the Planning Board deemed necessary. This was followed by a discussion regarding the proposed shared driveway for which a formal letter of agreement is still necessary. Following this discussion, the Board granted the applicant conditional final approval, subject to the submission of a formal Agreement clearly reflecting the terms of the driveway easement as discussed.
Augusta Properties – Site Plan for Renovation of Building & New Diner:
Revised plans for the project were submitted and discussed. The BZA has granted the necessary variances and ADA approval has also been received. There was a brief discussion with regard to parking spaces. Sign plantings were also discussed. Plans for the building renovation include removing the loading dock area and garage doors and replacing these with a proper front entrance. Additionally, windows will be installed along the side of the building that faces route 17. The applicant hopes to return this building, currently used as warehouse space, to its original purpose of retail and office space. Drawings were presented and enthusiastically received by the Board. Following some further discussion the Board voted unanimously in favor of granting the applicant conditional final approval subject to some minor changes as outlined during the discussion.
New AT&T Wireless PCS, LLC:
A representative on behalf of AT&T appeared before the Board to request permission to install a wireless facility on an existing pole located at the Red Apple. Co-locating on this ìmonopoleî will alleviate the need to build a new tower. Board member Mary Hansen inquired as to the possibility of wind damage and more specifically to what degree the poll could endure high winds. She was informed that the poles were constructed to handle 70MPH sustained winds. The Board then voted unanimously in favor of approving the project as proposed.
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Agenda for Town Planning Board Meeting June 8, 2010
1. Call to Order
2. Approval of April 13, 2010 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for Proposed 3 Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. Tuxedo Reserve – North Ridge Preliminary Subdivision Approval Extension
Request
Section 14 Block 1 Lot 34.14
File #P0506-005
5. William Friedlich – Susan Court – l Lot Subdivision
Section 25 Block 1 Lot 15.2
File #P0306-009
6. Augusta Properties – Site Plan for Renovation of Building & New Diner
194-210 Route 17
Section 12 Block 4 Lots 2 and 3
File #P7506-001
7. New Cingular Wireless PCS, LLC – Red Apple Site
982 Route 17
Section 5 Block 3 Lot 14.1
File #P8912-093
8. Other Business
Adjournment
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Agenda for Town Planning Board Meeting May 11, 2010
1. Call to Order
2. Approval of April 13, 2010 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for
Proposed 3 Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. Tuxedo Reserve – North Ridge Preliminary Subdivision
Approval Extension Request
Section 14 Block 1 Lot 34.14
File #P0506-005
5. William Friedlich – Susan Court – l Lot Subdivision
Section 25 Block 1 Lot 15.2
File #P0306-009
6. Other Business
Adjournment
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Town Planning Board Meeting April 13, 2010
The Town Planning Board met on April 13, 2010 at 7pm. All members were present.
Public Hearing Continued: Joseph & Nancy Ribando – Proposed 3-Lot Subdivision:
On behalf of the applicant, engineer Michael Sandor acknowledged receipt of a letter dated January 6, 2010 from Town Engineer Don Sioss in which Mr. Sioss advises that the project as proposed could create effluent violations with storm water run-off and septic drainage and should not be pursued. Mr. Sandor commented that in his view this conclusion is both inconsistent with sound engineering principals and in contradiction to comments made by Mr. Sioss in previous public hearings. He then went through the letter, reading aloud pertinent sections and refuting the points made therein. In his letter, Mr. Sioss stated that he was doubtful that the proposed drainage systems would alleviate or mitigate the flooding to neighboring properties. He sited soil survey’s that were conducted and expressed particular concern with ground water flow, suggesting that there was a high probability for basement flooding in those homes located below the proposed subdivision and that nothing had been proposed to mitigate this situation. Mr. Sandor countered that he did not believe that Mr. Sioss had actually visited the basements of the homes in questions and that perhaps those homes had been poorly constructed. He asserted that the applicant was doing everything they possibly could to mitigate the situation and cited 4 different drainage systems, including curtain and footing drainage in addition to swales that had been proposed.
Commenting that he stands by his letter, Mr. Sioss reiterated his concern that the subdivision could have detrimental effects on neighboring, downhill properties in the form of increased basement flooding and potential septic leaks into those basements. He referenced soil surveys that were completed following a recent heavy rainfall and commented that not only were the holes devoid of water, but run off was found running down the side of Nursery Road. When the rapid evacuation of water gets into the ground, it either runs downward or sideways and it is his view that it will run and intercept the septic systems and swales, which will in turn cause basement flooding.
Thelma Smith of 15 Nursery commented that she had experienced serious basement flooding for the first time in 40 years during the recent storm. She expressed concern that the proposed project would make the problem worse.
Janet Galushka agreed, stating that Mrs. Smith’s flooding was the result of two trees having been removed from her property earlier that winter. If the removal of two trees had the ability to cause such damage, she questioned what the effects of leveling and landscaping the Ribando lots would be, cautioning that trees are necessary for holding back some of the water.
Board member Mary Hanson referenced a comment made by Mr. Sandor in which he claimed that Mr. Sioss’s January 6 letter was the first communication he had ever received from the Town Engineer and inquired as to why this was the case. Mr. Sioss responded that it is normal practice for him to address all comments directly to the Board, but that Mr. Sandor was normally copied on these communications.
Town Planner Bonnie Franson commented that often times engineering memos are circulated at TAC meetings and then incorporated into the minutes for those meetings, rather than being formally circulated.
Board Member Robert Thompson inquired of Mr. Sioss if, in his view, there was anything the applicant could do to mitigate the drainage situation. Mr. Sioss responded that he did not believe there was.
Following some brief discussion regarding the specifics of the drainage that had been proposed by the applicant, the public hearing was officially closed.
Board Chairman Nils Gerling then confirmed with Board Attorney Tom Eagan that by law, the Board has 62 days to reach a decision on the application. He advised the Board to prepare themselves to make a decision at their next meeting, which will take place on May 11.
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Agenda for Town Planning Board Meeting April 13, 2010
1. Call to Order
2. Approval of March 9, 2010 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for
Proposed 3 Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. Other Business
Adjournment
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Town Planning Board Meeting March 9, 2010
The Town Planning Board met on March 9, 2010 at 7:00pm. All members were present.
Public Hearing Continued: Joseph & Nancy Ribando – Proposed 3-Lot Subdivision:
Due to the fact that Mr. Ribando was unable to attend the meeting, the public hearing was continued to April 13.
Sterling Forest LLC – Sterling Place – Resolution – Conditional Final Approval:
After briefly reviewing their resolution, the Board confirmed that all the changes as discussed were reflected within and therefore signed off on it, granting the applicant Conditional Final Approval.
Nungin Sunwon – 371 Route 17A – Negative Declaration – Approval of Site Plan:
After issuing a Negative Declaration under SEQRA for the application, the Board voted 4 to 1 in favor of approving the plan, with Mary Hanson voting against.
Jasmine Imports Proposed Revised Retail Space – Conditional Final Approval:
Town Planner Bonnie Franson confirmed that all consultant comments had been addressed by the applicant. The Board issued a negative declaration under SEQRA and then voted unanimously in favor of granting the applicant final approval for the project.
Metro PCS – Red Apple – Cell Tower Equipment Addition – Final Approval:
The Board issued a negative Declaration under SEQRA and then voted unanimously in favor of granting the applicant final approval.
Metro PCS – Iazetti Site – Cell Tower Equipment Addition – Final Approval:
The Board issued a negative Declaration under SEQRA and then voted unanimously in favor of granting the applicant final approval.
Augusta Properties – Site Plan for Renovation of Building & New Diner:
Board Chair Nils Gerling commented that although the Planning Board was in receipt of minutes from the BZA, which detailed the granting of necessary variances for this project, the actual variance documents have not yet been prepared and circulated.
Town Engineer Don Sioss commented that the plans as presented do not show sewer or water service and these must be added as soon as possible. Additionally, he requested that the applicant show proposed protection of inlets (catch basins) during the construction phase on the plans.
There was some brief discussion as to whether or not the Department of Transportation needed to sign off on the project, however it was determined that they did not as the new building will use the existing driveway, which is in full compliance with DOT standards.
Town Planner Bonnie Franson requested that the applicant reflect their plans for lighting as well as ingress and egress points on the site plan.
The applicant was then referred to the Architectural Review Board for further review.
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Agenda for Town Planning Board Meeting March 9, 2010
Public Hearing Continued: Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
1. Call to Order
2. Approval of February 9, 2010 Minutes
3. Sterling Forest LLC – Sterling Place – Resolution – Conditional Final Approval
Section 9 Block 1 Lot 5.4
File #P9010-053
4. Nungin Sunwon – 371 Route 17A – Negative Declaration –
Approval of Site Plan w/conditions
Section 1 Block 1 Lot 34.1
File #P8607-017
5. Jasmine Imports Proposed revised retail space – Conditional Final Approval
Section 5 Block 4 Lot 17.1
File #P8801-001
6. Metro PCS – Red Apple - Cell Tower Equipment Addition – Final Approval
Section 5 Block 3 Lot 14.1
File #P8912-093
7 Metro PCS – Iazzetti Site - Cell Tower Equipment Addition – Final Approval
Section 9 Block 1 Lot 13
File #P8704-007
8. Augusta Properties – Site Plan for Renovation of Building & New Diner
194-210 Route 17
Section 12 Block 4 Lots 2 and 3
File #P7506-001
9. Other Business
Adjournment
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Town Planning Board Meeting February 9, 2010
The Town Planning Board met on Tuesday, February 9 at 7pm. All members were present.
Public Hearing Continued: Joseph & Nancy Ribando – Proposed 3 Lot Subdivision:
At the December 8 2009 meeting of the Board David McMillen of Nursery Road presented the Board with a comprehensive report, put together by the residents, detailing their base concerns, which they felt had not been adequately addressed by the applicant to date. In the time since that meeting, the applicant has issued a response to that report and the Town Engineer has now made comments on that response, which have been submitted to both the Applicant and the Board. Michael Sandor, engineer for the applicant, requested of the Board more time for the purpose of reviewing these comments and preparing responses to them. The Board agreed to give the applicant until the next T.A.C. meeting to submit a response. Town consultants will review the response with the Board at that meeting and, based on their recommendations, the Board will be ready to make a decision at their March 9 meeting.
The Public Hearing was continued to March 9.
Sterling Forest LLC – Sterling Place – Plan Approval:
On behalf of Sterling Forest LLC, Lou Heimbach appeared before the Board to request conditional final approval for the Sterling Place subdivision. Town Planner Bonnie Franson reviewed with the Applicant and the Board a list of conditions that must be met before final approval can be given. These included United Water’s approval of the sewer system and landscaping responsibilities.
Board member Mary Hanson inquired as to whether or not the plan should reflect recent changes to the flood plain as there has been an increase in the number of homes existing within it from 4 to 13. This was discussed and it was decided that, while these changes had no direct impact on plan, the documents should be amended to reflect the change.
The Board then voted 4 to1 in favor of approving the plan, conditional upon the changes as discussed.
Jasmine Imports – Proposed Revised Retail Space – Final Site Plan Approval:
Due to the late submission of documentation, The Board requested that the applicant return in March, which would provide them with enough time to properly review the plans.
Metro PCS – Cell Tower Equipment Additions:
Representatives from Metro PSC presented the Board with plans to install cell tower equipment at Red Apple and the “Iazzetti Site”. Cell towers already exist in both locations. Metro PCS will be the 4th carrier and the lowest on the Tower in both spots. There will be minimal to no visual impacts.
As per law, the Orange County Planning Board must approve the project before the Town Planning Board can move forward. The Board asked the applicant to return to the March meeting, by which time they should be able to vote.
2010 Meeting Dates:
The Board decided by unanimous vote that regular monthly meetings of the Planning Board would take place on the second Tuesday of each month at 7:00pm. Technical Advisory Committee (T.A.C.) meetings will take place on the last Tuesday of each month at 8:30am.
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Agenda for Town Planning Board Meeting February 9, 2010
Public Hearing Continued: Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
1. Call to Order
2. Approval of December 8, 2009 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for Proposed 3
Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. Sterling Forest LLC – Sterling Place – Preliminary plan extension
Section 9 Block 1 Lot 5.4
File #P9010-053
5. Jasmine Imports Proposed revised retail space – Final site plan approval
Section 5 Block 4 Lot 17.1
File #P8801-001
6. Metro PCS – Red Apple - Cell Tower Equipment Addition
Section 5 Block 3 Lot 14.1
File #P8912-093
Metro PCS – Iazzetti Site - Cell Tower Equipment Addition
Section 9 Block 1 Lot 13
File #P8704-007
6. Set meeting dates for Planning Board & TAC Meetings 2010
7. Other Business
Adjournment
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Agenda for Town Planning Board Meeting January 12, 2010
Public Hearing Continued: Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
1. Call to Order
2. Approval of December 8, 2009 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for
Proposed 3 Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. Sterling Forest LLC – Sterling Place – Preliminary plan extension
Section 9 Block 1 Lot 5.4
File #P9010-053
5. Jasmine Imports Proposed revised retail space – Final site plan approval
Section 5 Block 4 Lot 17.1
File #P8801-001
6. Set meeting dates for Planning Board & TAC Meetings 2010
7. Other Business
Adjournment
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Town Planning Board Meeting December 8, 2009
The Town Planning Board met on Tuesday, December 8 at 7:00pm. All members were present.
Public Hearing Continued – Joseph and Nancy Ribando – Proposed 3 Lot Subdivision:
On behalf of the applicant, Engineer Michael Sandor presented the Board with a timeline outlining the process to date with emphasis on the Applicant’s willingness to address drainage concerns expressed by the public in each of the 6 public hearings that have taken place. He concluded by commenting that at this time, the Applicant is still waiting to hear from neighbor Chris Schucht and his wife as to which of the proposed plans for their driveway they would like to pursue.
On behalf of numerous residents who reside in the neighborhood in question, David McMillen of Nursery Road presented the Board with a comprehensive report, put together by the residents, detailing their base concerns, which they feel have not been adequately addressed to date. Referencing figures and calculations within the report, Mr. McMillen pointed out that the proposed catch basis above the Shuchts’ driveway is pointless.
Robert Harkin of 20 Augusta Place inquired of Mr. Sandor whether or not he truly believes that the proposed plan will not have any detrimental effects on the neighboring properties at lower elevations. Mr. Sandor responded that he believes in the plan and is confident that it will not have any detrimental effects.
Janet Galuska, who resides at 72 Nursery Road, pointed out that there are aquifers underneath the road and that no amount of proposed drainage on the part of the Applicant will solve the increase in drainage issues that will surely occur if the project moves forward. She made a plea for the Board members to visit the neighborhood on the following day when a great deal of rain was expected. This way, they would be able to see first hand the issues that already exist in the area and why it is not feasible to build there.
Board members Bob Thompson and Susan Goodfellow commented that they would like to hear Town Engineer Don Sioss’ response to the newly submitted report as well as some assurance from him that the proposed subdivision would not compound drainage issues in the neighborhood.
Board member Mary Hansen commented that she had reviewed the report and cannot fathom how the subdivision would not be detrimental to the properties below.
Board Attorney Tom Eagan advised the Board to continue the Public Hearing for 1 month, during which time Mr. Sioss can review the report and offer his comments.
The Public Hearing was continued to January 12, 2010.
Public Hearing – Deborah Olson – 2 Lot Subdivision:
On behalf of the Applicant, Larry Torro of Hudson Valley Engineering presented the Board with revised plans for the 2-lot subdivision to be located off of Susan Court. This particular project was previously brought before the Board by a different property owner and received preliminary approval at that time. The plan as currently proposed is basically the same, with minor changes to the driveway being proposed.
There were no comments from the public. After giving the application a negative declaration under SEQRA, the public hearing was closed. Town Planner Bonnie Franson reviewed a letter from the Orange County Planning Authority with the applicant. Following some discussion, the Board issued a preliminary approval subject to some minor housekeeping points as well as those issues raised in the letter from the Orange County Planning Authority.
Augusta Properties – Site Plan for Renovation of Building & New Diner:
On behalf of the applicant, an engineer from Lankin Tully Engineering presented the Board with an updated plan for the demolition and subsequent reconstruction of a diner on the property currently occupied by the Orange Top. The applicant had appeared before the TAC Committee in October of 2009, and therefore the plans presented reflected the comments and concerns that were made at that time. Because the proposed new building will be slightly larger than the existing one and located in a slightly different spot on the property, a number of zoning variances are required. After some discussion, the Board denied the plan as presented and referred the applicant to the Zoning Board of Appeals.
Nungin Sunwon – Proposed Educational Facility:
An attorney on behalf of the applicant, appealed to the Board for approval of the application, outlining all of the issues that have been addressed. Town Planner Bonnie Fanson lead the applicant through a detailed memo she had written, expressing concern over such issues as the number of monks who will reside on the property, whether or not students will be sleeping there, the level of education that will be provided and the possibility of additional parking. After a somewhat detailed discussion as to what co notates “higher education” it was decided that the applicant must note in their application that there will be no overnight occupation on the property and that nothing less than college level courses will be offered at the facility. The Board then voted 4 to 1 in favor of conditional approval, with Mary Hansen voting against the project.
Tuxedo Reserve – 6 Month Extension North Ridge Preliminary Approval:
An attorney for the Related Companies appeared before the Board to request a 6-month extension on the preliminary approval for Phase One of the Tuxedo Reserve project, North Ridge. Related is continuing to pursue approvals from outside agencies and has recently received some important feedback from the DEC, which they are currently addressing. After a brief discussion with regard to whether or not the applicant is still in arrears to the Town, the Board voted unanimously in favor of granting an extension until May 11, 2010.
Sterling Forest LLC – Sterling Place –Review of 63-Lot Subdivision:
On behalf of Sterling Forest LLC, Lou Heimbach presented the Board with a giant, colorized chart of the plan, noting that the overall layout of the subdivision has not changed since preliminary approval was granted, except for 3 lots, which will now be given to the Village of Tuxedo Park as per a court settlement. Mr. Heimbach acknowledged that Town Planner Bonnie Franson and Engineer Don Sioss have requested several documents, which will be provided to them with plenty of time to review and comment on prior to the January meeting of the Board. He expressed his desire to have the project receive final approval at that meeting.
After some discussion with regard to what the Village of Tuxedo Park plans to do with the aforementioned 3 lots as well as the effects of the proposed subdivision on the Wee Wah dam, The Board asked Mr. Heimbach to return in January after having submitted the documents in question.
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Agenda for Town Planning Board Meeting December 8, 2009
Public Hearing Continued: Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
Public Hearing: Deborah Olsen – 2 Lot Subdivision
1. Call to Order
2. Approval of October 13, 2009 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for Proposed 3 Lot
Subdivision 9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. William Friedlich – Susan Court – 2 Lot Subdivision
Proposed Section 25 Block 1 Lot 15.2
File #P0306-009
5. Augusta Properties – Site Plan for Renovation of Building & New Diner
Initial Presentation – Referral to ZBA
194-210 Route 17
Section 12 Block 4 Lots 2 and 3
File #P7506-001
6. Nungin Sunwon – 371 Route 17A – Proposed Educational Facility
Section 1 Block 1 Lot 34.1
File #P8607-017
7. Tuxedo Reserve – 6 Month Extension North Ridge Preliminary Approval
Section 14 Block 1 Lot 34.14
File #P0506-005
8. Sterling Forest LLC – Sterling Place – Review of 63 lot Subdivision
Section 9 Block 1 Lot 5.4
File #P9010-053
9. Other Business
Adjournment
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Agenda for Town Planning Board Meeting November 10, 2009
Public Hearing Continued: Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
Public Hearing: Deborah Olsen – 2 Lot Subdivision
1. Call to Order
2. Approval of October 13, 2009 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for Proposed 3 Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. William Friedlich – Susan Court – 2 Lot Subdivision Proposal
Section 25 Block 1 Lot 15.2
File #P0306-009
5. Augusta Properties – Site Plan for Renovation of Building & New Diner
Initial Presentation – Referral to ZBA
194-210 Route 17
Section 12 Block 4 Lots 2 and 3
File #P7506-001
6. Nungin Sunwon – 371 Route 17A – Proposed Educational Facility
Section 1 Block 1 Lot 34.1
File #P8607-017
7. Tuxedo Reserve – 6 Month Extension North Ridge Preliminary Approval
Section 14 Block 1 Lot 34.14
File #P0506-005
8. Other Business
Adjournment
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Town Planning Board Meeting October 13, 2009
The Town Planning Board met on October 13, 2009 at 7:00pm. All members were present.
Public Hearing: Joseph and Nancy Ribando – Proposed 3-Lot Subdivision:
Michael Sandor, Engineer for the applicant, presented the Board with revised plans for the project detailing the addition of storm drains along the property’s Nursery Road boarder as well as additional drainage along the back end of the property. Additionally, the revised plan addresses the potential relocation of neighbor Chris Schucht‘s driveway (previously recommended by Town Engineer Don Sioss) providing Mr. Schucht with two options: installation of a catch basis above his existing driveway or relocation of the driveway in addition to a new catch basin. The plan also proposes the installation of a new curb on Nursery Road above the Ribando property.
As per the Board’s request, Mr. Sandor also presented a brief drainage analysis in which he suggested that the addition of the proposed drains would decrease the amount of storm water flowing from the Ribando lots onto the properties below by 70%.
Mr. Sandor also informed the Board that the Applicant would be willing to sign a legal document ensuring that the new drainage would be sufficiently maintained. Board Attorney Tom Egan suggested that the Applicant dedicate applicable drainage areas to the Town and Mr. Sandor agreed to explore that option.
Neighbor Chris Schucht informed the Board that he and his wife have not yet decided which of the applicant’s proposed plans for their driveway they would like to pursue.
Janet Galuska of 72 Nursery Road expressed concern with the underlying issue of drainage, commenting that nobody has addressed the issue of spring water that flows freely from the center of the road. Board Chair Nils Gerling responded that the Applicant is not responsible for correcting drainage issues that are not on his property and the Town must address that such issues. Mrs. Galuska also expressed concern over the increase in traffic, commenting that more houses will bring more cars to the already narrow and windy roadway.
Robert Harkinof 20 Augusta Place asked for clarification regarding the number of bedrooms in each proposed house and was informed that they would be 3 bedroom homes.
Rich Rattazzi, of 1 Nursery Road asked the Board for a guarantee that should the project be approved his yard would not be further damaged than it already is.
Board Chair Nils Gerling responded that many of the flooding issues in this neighborhood are the result of work done by the Highway Department and that these issues need to be addressed by the Town Board.
Board Member Mary Hanson expressed her dismay that she had not been provided with a set of revised plans and therefore had not been able to review them. She further commented that the Board had not yet addressed a letter the received from the Orange County Department of Health dated October 12 2009. Finally, she commented that she is not convinced that the proposed drains will reduce the amount of water by 70%.
An attorney on behalf of the Applicant requested that the Public Hearing be closed, however, Board Chair Nils Gerling denied this request commenting that the application cannot move forward until Mr. Schucht makes a decision regarding his driveway.
The Public hearing was continued to November 10.
William Friedlich – Susan Court – 1 Lot Subdivision:
An architect for the Applicant presented the Board with updated plans for the project, which consists of a 1-Lot subdivision to their property on Susan Court. Mr. Friedlich intendeds to build a residence on one lot and sell the other. Each property will have it’s own well and septic system. A shared driveway is proposed for both lots. Board member Mary Hanson expressed concern with the shared driveway, commenting that back in 2003 the Planning Board had denied another applicant in the same neighborhood a shared driveway. After much discussion, it was decided that the Board will review the minutes from the 2003 meeting before making a final decision. In the meantime, they declared themselves Lead Agency for the project.
Nungin Sunwon – 371 Route 17A – Proposed Educational Facility
An Architect for the applicant outlined minor changes that have been made to the plan as per the Board’s request. However, since the majority of the Board had not received copies of the revised plan prior to the meeting, discussion of the application was delayed until the November 10 meeting.
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Agenda for Town Planning Board Meeting October 13, 2009
- Call to Order
- Approval of September 8, 2009 Minutes
- Nancy & Joseph Ribando – Preliminary Approval for Proposed 3 Lot
Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
- William Friedlich – Susan Court – 1 Lot Subdivision
Section 25 Block 1 Lot 15.2
File #P0306-009
- Other Business
- Adjournment
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Town Planning Board Meeting September 8, 2009
The Town Planning Board met on Tuesday, September 8, 2009. All members were present.
Public Hearing: Joseph Ribando – Proposed 3-Lot Subdivision:
On behalf of the applicant, an engineer briefly presented the Board and the Public with revised plans for the 3-lot subdivision located at Nursery Road and Augusta Place. Town Engineer Don Sioss expressed some concern with an area of the plan where the applicant proposes the addition of roadside curb and a catch basin in addition to the relocation of a neighboring driveway, commenting that these plans may not adequately address the potential flooding issue at hand. The engineer responded that it was his belief that the plans were adequate and that while the Applicant intends to make all necessary improvements, that these improvements would be taking place at or immediately around the property and not “a mile up the road.” Mr. Sioss respectively disagreed and suggested that the engineer take a second look at this section of the plan.
Board member Mary Hanson inquired as to whether the Ribandos would be responsible for financing all the proposed improvements or if that burden would fall on the shoulders of whoever buys the property. Mr. Sioss responded that a bond would be put in place to ensure that the improvements actually occur and that the Board could stipulate that the Ribandos be responsible for that bond if they choose to do so.
Thelma Smith, who resides at 15 Nursery Road, expressed her continued concern with regard to drainage. She stated that percolation tests are not always accurate and that her neighbor had passed similar tests 3 years ago and now his septic is in her yard.
Robert LaBurt expressed concern with the proposed swale commenting that the water collected in the catch basin would simply percolate down the hill onto other properties.
He then referenced a 1965 subdivision map on which the property in question was labeled un-buildable and inquired as to what specifically has changed about the land in the last 30 years to make it a buildable lot today. Board Chair Nils Gerling responded that there were never any impediments placed on the property.
Chris Schucht of 76 Nursery Road expressed concern with the proposed rerouting of his driveway, commenting that he is not certain this will solve the problem. He further commented that the addition of a curb, as proposed, would cause his wife’s car to “bottom out” when entering and exiting the driveway.
Bill Kordiak of 22 Augusta Place inquired as to where the proposed swale would run. He was informed that the water will run into a piper and out towards Nursery road. Although there were no further comments from the public at the time, the hearing was continued until October 13 at 7:00pm.
Public Hearing: Science of the Soul – Study Center:
The Applicant informed that Board that they had reviewed the Board’s negative declaration under SEQRA and were in agreement with everything put forward in the document. Board Chair Nils Gerling inquired as to the applicant’s standing with the highway department and was informed that paperwork still needs to be filed.
A representative of both the Torne Valley Preservation Society and the Ramapo Highland Coalition expressed overall support for the project, however, he questioned the Applicant’s intent to further develop the property down the line, stating that if they do plan to add on in the future, a negative declaration is not appropriate. He further commented that should the applicant decide to further develop the property, a full Environmental Impact Statement (E.I.S.) should be required.
The Applicant responded that they share both the environmental ethic and the stewardship of the land, which both the Torne Valley Preservation Society and the Ramapo Highland Coalition represent. They have no plans to further develop the property and do not foresee outgrowing what has been proposed.
Board member Susan Goodfellow asked the Applicant to comment on the possibility of establishing a conservation easement. The Applicant responded that they are not comfortable doing so because they cannot anticipate what their needs might be 25 or 30 years down the line.
The Public Hearing was then closed.
Board Chair Nils Gerling read into the record a resolution for the Board’s declaration of lead agency as well as the final negative declaration. Following this, the Board voted unanimously in favor of site plan approval. For the sake of the public, Board Attorney Tom Eagan noted that the Applicant would not be able to make any changes or additions without first appearing before the Board.
Tuxedo Plaza – Route 17 – Retail/Office Building
An engineer on behalf of the applicant presented the Board with more detailed plans for a proposed two-story retail complex with dual access to Rt. 17 and Spring Street in Southfields. Plans outlining storm water management, erosion control and grading, landscaping and lighting were presented and briefly discussed. The entrance plan for the project has received approval from the Department of Transportation and this was also presented. Additionally, the Applicant will appear before the Architectural Review Board on September 15. It was agreed that the next step would be for the applicant to attend a TAC meeting in order to further discuss the technical details of the project.
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Agenda for Town Planning Board Meeting September 8, 2009
Public Hearing: Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
Public Hearing: Science of the Soul - Study Center
1. Call to Order
2. Approval of August 11, 2009 Minutes
3. Science of the Soul Study Center – Circulation for Lead Agency
Sister Servants of Mary Immaculate Property
Section 17 Block 1 Lot 17
File #P9110-077
4. Tuxedo Plaza – Route 17 – Retail/office building
Section 5 Block 3 Lot 12.21
File #P0907-020
5. Other Business
Adjournment
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Town Planning Board Meeting August 11, 2009
The Town Planning Board met on August 11, 2009 at 7:00pm. All members were present.
Public Hearing: Joseph and Nancy Ribando – Proposed 3 lot Subdivision
Michael Sandor, engineer for the applicant, presented the Board with a new, conceptual site plan, featuring additional methods of drainage control including septic fields, swales and french drains. As per the Board’s request, percolation tests were completed on the property and the results were presented and discussed. Neighbors expressed continued concern with drainage related issues. Janet Galuska of 72 Nursery Road commented that while the proposed plan may be great for surface water run-off from the property, greater drainage issues already exist. She expressed concern for residents on Augusta Place commenting that storm water flows not only from the top of the road but from underground springs beneath the road as well. Board member Mary Hanson raised the question of whether or not the proposed french drains would fill to capacity with the existing amount of water. Chris Schucht who resides at 76 Nursery Road expressed concern with drainage issues relative to his driveway and possible rerouting of the driveway was discussed. Margaret Rutherford of 93 Nursery Road commented that the Town exacerbated drainage issues in the neighborhood by removing several pipes while re-doing Nursery Road a while back. Rich Rattazzi, of 1 Nursery Road agreed with this assessment and further commented that the road had been pitched incorrectly causing a serious increase in flooding to his property. He expressed concern that run-off from the project would allude the proposed catch basins by flowing down the center of the road. Board member Mary Hanson inquired as to who would bear the expense of the proposed new pipes and was informed that the applicant would pay. She further inquired as to whether or not the applicant would pay for the resurfacing of the roadway or the rerouting of Mr. Schucht’s driveway as previously discussed. Mr. Sandor responded that these details would need to be worked out.
It was agreed that the applicant will attend the August 25 T.A.C. meeting to further discuss these issues. The public hearing was continued to September 8 at 7:30pm.
Public Hearing: Science of The Soul Study Center
A gentleman representing the Ramapo Highland Conservation Society appealed to the Board regarding the preservation of the land surrounding the Study Center following the completion of the project. He also expressed concern with regard to traffic, specifically at the intersection of Eagle Valley Road and County Road 72, which is already a busy and somewhat dangerous intersection especially during commuting hours. He commented that he hoped the plans for widening the road were serious because the increase in traffic from the proposed project could be a major issue if not.
Town Planner Bonnie Franson commented that because the project has not been submitted to the Orange County Planning Department for review, the Board would be unable to move forward with their declaration of Lead Agency, however they could draft a negative declaration. Issues relative to parking were discussed. The plan as presented shows only 545 parking spaces but the Town Code requires 750 spaces for a project of this size. The reason the actual number of spaces is low is because the applicant has an agreement with their neighbor, The Sister Servants, to share parking, however, unless the applicant shows the correct number of spaces on their plan, a variance will be required. It was agreed that the applicant will amend the plan to show the spaces, but will keep them in reserve rather than to construct them. The Board voted unanimously in favor of the negative declaration subject to these changes.
Mario Gorczyca – Tuxedo Pet Lodge
The formal resolution for this project was presented and approved.
Sterling Forest LLC – Sterling Place- 6 Month Extension
On behalf of Sterling Forest LLC, Lou Heimbach requested a 6-month extension on the preliminary approval for the project due to hold-ups, technical in nature, with the Orange County Department of Health.. The Board voted unanimously in favor of the extension, which runs until February 9, 2010.
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Agenda for Town Planning Board Meeting August 11, 2009
1. Call to Order
2. Approval of July 14, 2009 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for Proposed 3
Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. Science of the Soul Study Center – Circulation for Lead Agency
Sister Servants of Mary Immaculate Property
Section 17 Block 1 Lot 17
File #P9110-077
5. Mario Gorczyca – Tuxedo Pet Lodge - Site Plan Changes
Section 6 Block 1 Lot 4
File #P6808-005
6 Sterling Forest LLC – Sterling Place – 6 Month Extension
Section 9 Block 1 Lot 5.4
File #P9010-053
7. Other Business
Adjournment
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Town Planning Board Meeting July 14, 2009
The Town Planning Board met on July 14, 2009 at 7pm.
Board Chair Nils Gerling and Board Member Joe Gartiser were absent.
Board member Mary Hanson ran the meeting in Mr. Gerling’s absence.
Public Hearing – Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
The Applicant failed to conduct percolation tests as requested by the Board at the previous meeting. Additionally, the applicant has not provided the Board with the deed to the property as requested. On behalf of Chair Gerling board member Mary Hanson expressed concern over some maps submitted by the applicant, indicating that there were a few irregularities.
When asked for an update, Jeff Marsden, Engineer for town consultants H2M reported that percolation tests must be conducted before the project can proceed. He suggested that the consistent rain in the month of June is the reason the tests were not completed. Finally, he commented that due to the level of shallow rock on the property, finding a good spot to conduct the test might prove difficult.
Janet Galuska of 72 Nursery Road inquired about two apparent attempts to conduct percolation tests on the property, commenting that a bulldozer had been brought onto the lot. She further commented that surely these tests must have failed as the bulldozer was filled to the top with storm water.
Mr. Marsden responded that the Applicant can conduct multiple percolation tests. It is their responsibility to show percolation.
Referencing a 1963 subdivision map presented by Bob LaBurt at the previous meeting, Mrs. Galuska commented that percolation tests have already been completed and on the property and that they failed.
Engineer for the Applicant, Michael Sandor commented that the 1963 map presented by Mr. LaBurt at the previous meeting was lacking a stamp from the Health Department. He presented the Board with subdivision maps from both 1965 and 1971, the later reflecting minor mathematical corrections and pointed out that neither map labeled the property as “un-buildable”
Bill Clark inquired about the timing of the percolation tests and suggested that right now, after all the rain, would be the best time for the Applicant to conduct them.
Mr. Marsden agreed.
There was a brief discussion with regard to the percolation test process, following which the Board granted the applicant a 10 day time period within which to complete the percolation tests and submit the property dead as previously requested,
The Public Hearing was continued until August 11.
Public Hearing – Science of the Soul Study Center
The Applicant presented the public with a detailed review of the project including project history. Radha Soami Society Beas has acquired some land from the Sister Servants of Mary Immaculate, located adjacent to their property on Sterling Mine Road, on which they propose to build an education center. This center will be used for weekly meetings as well as group retreats. The project has been before the Board since 2007.
On behalf of the applicant engineer Robert Ziggler addressed several issues raised by town consultants H2M, mostly minimal in nature. Neighbors Dominick Paratore, Anthony Landgraff and AJ Iazetti expressed concerns regarding drainage, parking and noise as well as access to the property from Shepherd Pond Road, which is a private residential road. Sister Michele, president of the Sister Servants expressed her support for the project and commented that she hoped it would please the Board to issue an approval.
The Public Hearing will be continued until August 11, at which point the Board hopes to move forward by issuing a Negative Declaration (SEQRA) for the project.
Mario Gorczyca – Tuxedo Pet Lodge
On behalf of Marius Gorczyca, Sean T. Hoffman, P.E. from Riddick Associates, P.C. reported that the applicant appeared before the Zoning Board of Appeals and received approval for their revised, scaled down design of a kennel to be located at 20 &24 Nolan’s way in Arden. While the applicant had hoped to construct housing for up to 40 dogs, the ZBA determined that 27 dogs would be a more appropriate number. Revised plans reflecting these changes were presented. A letter from town consultants H2M was read aloud and discussed. Following this the Board voted unanimously in favor of approving the new site plan subject to the addition of a few map notes as outlined during the discussion.
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Agenda for Town Planning Board Meeting July 14, 2009
Public Hearing: Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
Public Hearing: Science of the Soul -Study Center
1. Call to Order
2. Approval of June 9, 2009 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for Proposed 3 Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. Science of the Soul Study Center – Circulation for Lead Agency
Sister Servants of Mary Immaculate Property
Section 17 Block 1 Lot 17
File #P9110-077
5. Mario Gorczyca – Tuxedo Pet Lodge - Site Plan Changes
Section 6 Block 1 Lot 4
File #P6808-005
6. Other Business
Adjournment
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Town Planning Board Meeting June 9, 2009
The Town of Tuxedo Planning Board med on June 9, 2009 at 7:00pm.
All members were present.
Public Hearing: Joseph and Nancy Ribando – Proposed 3 Lot Subdivision:
Numerous neighbors, including Chris Scheucht of 76 Nursery Road, Rich Rattazzi of 1 Augusta Place and Robert Harkin of 20 Augusta place each presented the Board with various photos taken earlier in the day depicting the poor drainage situation that already exists in the neighborhood and the resulting flooding that occurs on a regular basis. They expressed their collective concern with potential drainage issues that might occur should the project proceed.
Former TPA employee and Town Planning Board member Robert LaBurt provided the Board with some history regarding the neighborhood in question, known as the Nursery. When the subdivision was created in the early 60s, Mr. LaBurt was in charge of layout. He explained that the original design called for 19 lots, however 3 of the lots were viewed as un-buildable due to drainage issues resulting from the rock ledge that goes down towards Augusta Place. Rainwater runs down the ledge and into the basements of the homes below. The County Health Department was in agreement and only 16 of the 19 lots were deemed as buildable. Because of this, the value of the remaining 3 lots was substantially decreased they were combined into one parcel which was maintained by Tuxedo Park Associates and finally sold for a reduced cost. (roughly the price of 2 lots) Mr. LaBurt presented the Board with copies of the original subdivision site plan obtained from Goshen as well as an authentic TPA map, depicting the three lots in question as un-buildable.
Michael Sandor, Engineer for the Ribandos responded that he would investigate the maps further with the county.
The Public Hearing will be continued on July 14.
Science of the Soul Study Center: Circulation for Lead Agency
On behalf of the applicant, Robert Ziggler requested that the Board set a Public Hearing for the project. He commented that the applicant has attended several TAC meetings and has been very responsive in attending to the issues as outlined by Town Planner Bonnie Franson and Town Engineer Don Sioss. Following a brief discussion with regard to parking, the Board voted unanimously in favor of setting a Public Hearing., This hearing will take place on July 14.
Nugin Sunwon – 371 Route 17A – Proposed Educational Facility
An attorney for the applicant informed the Board that he is still working on obtaining a project narrative from the applicant as requested and hopes to have it within a months time. In the meantime, the applicant has addressed most of the other issues brought forward in the TAC meetings, specifically well testing and the addition of concrete bumpers and wood guardrails in the parking area. A letter from the Orange County Planning Department was briefly reviewed and discussed. Board member Mary Hansen inquired about the applicant’s business plan, and requested that an update be provided outlining which institutions the applicant was reaching out to in hopes of contracting the space. She commented that it is crucial to the project that the applicant comply with the intended use for the buildings as specified in the special use permit, which is for a higher education facility. There was a lengthy discussion with regard to the SEQRA process for the project as the Zoning Board of Appeals has already conducted a SEQRA review, giving the project a negative declaration. Therefore, the applicant’s attorney commented that it would be both unnecessary and redundant for the Planning Board to conduct an additional review. However, after much discussion, it was determined that the Zoning Board of Appeal’s review did not pertain to the planning aspects of the project and that the Planning Board will need to conduct an additional review.
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Agenda for Town Planning Board Meeting June 9, 2009
Public Hearing: Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
1. Call to Order
2. Approval of May 12, 2009 Minutes
3. Nancy & Joseph Ribando – Preliminary Approval for
Proposed 3 Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
4. Science of the Soul Study Center – Circulation for Lead Agency
Sister Servants of Mary Immaculate Property
Section 17 Block 1 Lot 17
File #P9110-077
5. Nungin Sunwon – 371 Route 17A – Proposed Educational Facility
Section 1 Block 1 Lot 34.1
File #P8607-017
6. Other Business
Adjournment
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Town Planning Board Meeting May 12, 2009
The Town Planning Board met on Tuesday May 12, 2009.
Board member Susan Goodfellow was absent.
The meeting began with three public hearings:
1. Samina Butt – Filing and grading permit
Neighbor Gerard Gaines expressed his concern with regard to Mr. Butt’s application as it relates to issues that have been created on his property as a result of drainage, which he alleges are a direct result of work previously completed by Mr. Butt. Following Mr. Gaines comments, the Public Hearing was closed.
2. Michael McMahon – Filling & Grading Permit
As there were no comments from the public, the hearing was promptly closed.
3. Joseph and Nancy Ribando – Proposed 3 lot subdivision – 9 Nursery Road
Michael Sandor of MJS Engineering presented the public with a brief over-view of the project. The applicant is proposing to divide the lot on which their home currently exists into 3 lots. They plan to maintain their current residence on one lot and would like to build 2 new homes on the other lots, the details of which have been submitted to the Board.
Janet Galuska, who resides at 72 Nursery Road, commented that when she first moved to Tuxedo in 1971, she had planned to purchase the lot in question on which to build her home. However the TPA, who owned the property at that time, had told her builder that the lot was un-buildable due to the amount of solid rock and water that exists there and as a result she purchased a different lot. She inquired as to what specifically has changed about the land since 1971 in order to allow for building there now.
No answer was given.
David Mc Milllen inquired as to what kind of foundations the proposed homes will have and whether or not a percolation test has been completed.
Mr. Sandor responded that the proposed homes would be elevated so as to be level with Nursery Road. He further described them as “raised ranch homes with garages underneath”. He also commented that an initial percolation test has been completed.
Margaret Rutherford of 93 Nursery Road expressed concern regarding the sewer system. While the applicant is proposing to put in a septic system for the new homes, Mrs. Rutherford worries that they may eventually attempt to hook into the municipal system which could in turn force her to do the same. She fears that the costs associated with this would be a major burden to her and her husband,
Town Engineer Don Sioss responded that hooking into the municipal system would be far too costly and therefore the idea has been abandoned. For clarification purposes, he also stated that the Town has not yet completed a percolation test.
Andy Berish commented that the Town Board is currently pursuing a grant, which will bring the sewer system up the hill and into the neighborhood in question at a cost of $10,000 per resident living there.
Board Chairman Nils Gerling responded that the Town Board has not spoken to the Planning Board regarding any such plans, prompting Mr. Berish to snap “Why would they? You don’t talk to them either.”
Planning Board Attorney Tom Eagan commented that residents cannot be forced to hook into the sewer system, however, there would be costs associated with bringing the system up the hill and into the neighborhood.
Robert Harkin, who lives at 20 Augusta Place, stated that his home is located at the foothill of the proposed project. He commented that he has reviewed the engineering report along with the initial plans and he feels that Mr. Sandor is seriously underestimating potential drainage issues. He presented the Board with an enlarged photo of his back yard taken this past March, which clearly showed the degree of flooding that already takes place there.
On behalf of the Village of Tuxedo Park Planning Board, Bill Westby stated that while the Village has no underlying objections to the project they would like a see a stipulation added requiring the applicant to keep all of the large trees on lot 1. Additionally, they feel that the environmental review that has been completed for the project is incorrect in two specific areas relating to viewshed issues as well as the Village’s listing on the National Registry of Historic Places and would like it to be redone. There was a brief discussion with regard to the specifics of the review after which both Board member Mary Hansen and Mr. Sandor agreed that the review will need to be redone.
Chris Schucht who resides at 76 Nursery Road stated that his property backs up to the Ribandos’ property and inquired as to whether or not the proposed septic tanks would compromise the property line.
Mr. Sandor responded that they would not.
Bill Kordiak of 22 Augusta Place asked the Board if any research has been completed to discover why the property in question was initially sold as one lot. He believes the reason is that the property is part of one giant ledge, a portion of which makes up a wall in his back yard as well as his basement. Currently, Mr. Kordiak needs to run a sump pump each time it rains in order to control the flooding in his basement. Because the property in question slants directly into his back yard, he is concerned that the proposed project will have direct effect on his property in the form of serious flooding issues.
Rich Rattazzi, who lives at 1 Nursery Road, echoed Mr. Kordiaks’ concerns stating that his home has the same flooding issues whenever it rains.
Thelma Smith of 15 Nursery Road commented that the property in question was labeled as unbuildable by the TPA in the 1950s.
Bill Clark stated that due to the 250ft ledge on which the neighborhood is built, he does not see how the proposed project could pass a percolation test. He commented that when it rains all of the water runs down the mountain in a north eastwardly direction and ends up in Bill Kordiak’s back yard. He feels that any additional construction would have a direct negative effect on Mr. Kordiak in particular.
Andy Berish, who lives at 68 Nursery Road, stated that, like Mrs.Glishkin, he had attempted to purchase the lot in question for building his home and was told by the TPA that it was an unbuilable lot. He stated that in his opinion it is unfair that the Ribandos should be allowed to build there.
Chri Scheucht commented that when digging in his back yard he has encountered solid rock at no more than 3 feet down. He wondered what would happen if the Applicant should encounter rock at the same depth when building and specifically whether blasting would be permitted, which could in turn damage the foundation of his home.
Board member Mary Hansen suggested that the deed for the property be checked in order to establish whether or not the land has been officially labeled as unbuildable.
Board Attorney Tom Eagan suggested that as there are a lot of unanswered questions, the Board should keep the public hearing open at this time.
It was agreed that both Town Engineer Don Sioss and Mr. Sandor will research both the history of the property and the engineering of the proposed project in the interim.
The Public Hearing will be continued on June 9.
Tuxedo Reserve – 6-Month Extension to Northridge Preliminary Approval
The Board voted unanimously in favor of granting Tuxedo Reserve a 6-month Extension to Preliminary Approval for Phase One of their project, Northridge, until December 8, 2009.
Samina Butt – Filling and Grading Permit
Town Engineer Don Sioss stated that the highway department has built up the gutter along Mr. Butts’ property in an effort to control flooding. After further review of the property, he has concluded that there are 3 large trees that should probably be removed. Additionally, he stated that Mr. Butts’s must not collect water in order to avoid drainage issues and that he must properly maintain the existing berm.
After a brief discussion, the Board granted Mr. Butt final approval conditional upon the removal of the three trees as indicated by Mr. Sioss.
Michael McMahon – Filling and Grading Permit
After a brief review, the Board completed an Environmental Assessment for the project, giving it a negative declaration. An unidentified neighbor inquired as to how many trucks of fill would be brought into the neighborhood. Mr. McMahon responded that it would be roughly 150 truckloads. The neighbor responded that there are a lot of children in the neighborhood and inquired as to the hours of operation for the trucking. Board Chairman Nils Gerling replied that it would be up to the code enforcement officer to determine the hours of operation. The Board then granted Mr. McMahon unanimous approval for his project.
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Agenda for Town Planning Board Meeting May 12, 2009
Public Hearing: Samina Butt - Filling & Grading Permit Approval Continued
Michael McMahon – Filling & Grading Permit Approval
Joseph & Nancy Ribando – Proposed 3 Lot Subdivision
1. Call to Order
2. Approval of April 14, 2009 Minutes
3. Tuxedo Reserve – 6 Month Extension North Ridge Preliminary Approval
Section 14 Block 1 Lot 34.14
File #P0506-005
4. Samina Butt – Final Approval - Filling and Grading Permit
99 Fawn Hill Road
Section 4 Block 3 Lot 19
File #P8612-004
5. Michael McMahon – Filling & Grading Permit Approval
Section 17 Block 2 Lot 14
File #P0103-004
6. Nancy & Joseph Ribando – Preliminary Approval for Proposed 3 Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
7. Other Business
Adjournment
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Town Planning Board Issues Positive Report for Tuxedo Reserve
On April 14, 2009 the Town Planning Board voted unanimously in favor of issuing a positive report to the Town Board on Tuxedo Reserves’ Special Permit Amendment. As part of this report, they are recommending that the Town require the applicant to complete a Supplemental Environmental Impact Statement as well as a Cut and Fill Analysis. The Town Board officially accepted the report at their April 27, 2009 meeting.
Bellow please find a copy of the Planning Board’s report along with a supplemental report submitted by Town consultants H2M.
Town Planning Board Report report to the Town Board on Tuxedo Reserves’ Special Permit Amendment
H2M Supplemental Report
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Town Planning Board Meeting April 14, 2009
The Town of Tuxedo Planning Board met on April 14, 2009 at 7pm.
Public Hearing – Samina Butt – Filling & Grading Permit Approval:
The Public Hearing for Samina Butt was postponed until May 12 due to the fact that the Applicant has not yet provided the Board with the information they requested back in December of 2008. (specifically a revised drainage plan) There was a brief discussion regarding the number of extensions Mr. Butt has been afforded and Mr. Butt’s neighbor, Gerard Gaines, expressed his extreme displeasure with the situation commenting that the longer they waited to take action the more damage was being caused to his property. Town Engineer Don Sioss reported that he had visited the property and spoken with Mr. Butt, who assured him that he was in the process of gathering the necessary information. Mr. Sioss recommended that Mr. Butt attend the next TAC meeting in order to assure that he had everything in order before coming before the Board in May.
Nancy & Joseph Ribando – Proposed 3 Lot Subdivision:
On behalf of Nancy and Joseph Ribando, Michael Sandor from MJS Engineering presented revised plans for their proposed 3-lot subdivision on Nursery Road where it intersects with Augusta Place. An EAF was completed with a negative declaration. There was discussion regarding the visual impact of the project and Mr. Sandor presented the Board with photos of the property taken from the wooded area near the border of the Village of Tuxedo Park. It was determined that the project would be visible from Tuxedo Road. A public hearing was set for May 12 at 7pm. Board member Susan Goodfellow inquired as to whether or not the Village will be officially notified of both the project and the hearing and was informed that they will.
Marius Gorczyca – Proposed Kennel:
On behalf of Marius Gorczyca, Sean T. Hoffman, P.E. from Riddick Associates, P.C. appeared before the Board to discuss revised plans for the previously approved kennel at 20 &24 Nolan’s way in Arden. This project was originally brought before the Board by another applicant, Daniel De La Rosa, and was granted a Special Permit. Since that time, the project has changed hands and it is not economically feasible for the new Applicant to move forward with the approved design. Therefore, the Applicant is requesting a referral to the Zoning Board of Appeals where he plans to present the new, more limited design. Changes to the plan include the elimination of a second building as well as dog runs, several cages and extensive parking. The Applicant is now proposing to construct the Kennel, which will have the ability to house up to 40 dogs, utilizing the existing structure. Following a brief discussion as to whether or not it is possible to house 40 dogs in the existing structure without the originally proposed dog runs and cages, the Board granted the applicant a referral to the Zoning Board of Appeals as requested.
Tuxedo Reserve – Special Permit Amendment
At the request of Board Chair Nils Gerling, Town Planner Bonnie Franson initiated the discussion by reading aloud a draft version of the Planning Board’s PID Report to the Town Board. This report, which encompasses the various comments and recommendations of the Planning Board, is broken down into 4 parts: Purpose of Report, Summary of Review Process, Evaluation of the Proposed Amendment and Summary Recommendation. Following is a summary of the report:
Purpose of Report – The Town of Tuxedo Zoning regulations require the Planning Board to review the plan, along with all related documents, and submit either a favorable report or unfavorable report to the Town Board.
Summary of Review Process – This section of the report outlines the Board’s 6-month review schedule, including two resubmissions from the Applicant due to inconsistencies and incomplete items found during the review as well as a review extension.
Evaluation of Proposed Amendment – This section of the report breaks the proposed amendment down into various sections based on the major revisions to the Special permit and outlines the Board’s comments and concerns with regard to each. Some of these include:
- Changes in the residential program, specifically the breakdown of housing types in various stages of the development and the addition of Carriage Homes throughout the development. The Planning Board expressed some concern with the financial implications of these revisions in terms of tax revenue
- The increase in commercial space from 3,000 square feet to 30,000 square feet -
The Planning Board recommends that the Town Board review the proposed expansion for it’s economic and environmental impacts.
- Changes to the overall layout - The Applicant has proposed new development in the southern tract of the development, contingent upon a Land Swap with the Palisades Interstate Park Commission. Additionally, they are proposing new development in the Mountain Lake area. While the Planning Board feels that the land swap would be an improvement to the southern tract of the development, they are cautioning the Town Board to thoroughly investigate the long-term financial implications of the swap. With the proposed land swap, the Town would lose valuable Light Industrial Office (LIO) zoned properties and related tax revenue. With regard to the proposed Mountain Lake development, The Planning Board has found that they have insufficient information and do not feel that they can render a recommendation. Specific concerns include potential impacts to water quality, habitat fragmentation and the lack of cut and fill analysis.
- The Smart Code – The Applicant has proposed its own body of standards by which the development will be regulated called the Smart Code. While the Planning Board favors the concept of the Smart Code, they have found inconsistencies in the plan as presented and feelsstrongly that the Town Board should meet with councel and determine whether proposed standards that differ from the current zoning and subdivision regulations can be varied and can supercede those regulations.
- Changes in Lotting/Bulk Standards – The Planning Board does not agree with the method by which the Applicant is calculating minimum lot area. Specifically, they feel that all of the interior space should be included in the overall calculation. They argue that if an area of space can be inhabited as per the New York State Building Code, it should be considered part of the overall building area. They are concerned that future applicants will either build additional dwellings within the “unfinished” interior space and that future bedrooms could be added to these dwellings. Additionally, the Applicant has proposed allowing Flag Lots as a lot type and as these are not allowed elsewhere in town, the Planning Board is not in favor of this proposed change.
- The Applicant’s proposal to construct an artificial turf field with track, a parking lot and an emergency access road for the new high school rather than to grade three level pads as originally proposed. The Planning Board recognizes that this issue remains unresolved and will need to be worked out between the Town Board, the School District and the Applicant.
- The Applicant’s proposal to either construct a new library within the development or gift the Tuxedo Park Library with the land on which to construct one. The Planning Board acknowledges that this issue is also unresolved and will need to be worked out among the Town Board, the Library Board and the Applicant.
Summary Recommendation – Recognizing the proposed amendment as a concept plan, the Planning Board issues a favorable report to the Town Board in this section of the report.
The last page of the report, titled Schedule A, identifies specific issues that the Planning Board feels will be better addressed by the Town Board but should be called to their attention as part of the report. Most notable of these issues is the Planning Boards strong recommendation that the Applicant be required to complete a new Environmental Impact Statement focusing specifically on the new areas of proposed development (Mountain Lake, the PIPC Land Swap area and the area in the Commons where business development has been significantly increased.) The Planning Board is also strongly recommending that the Town Board conduct a new fiscal analysis focusing on the impacts of the Land Swap.
Following Ms. Franson’s read-through of the report, the Planning Board discussed various aspects of it and made some minor changes. Board member Mary Hanson expressed concern that the newer members of the Town Board may not be familiar with the “triggers” that can stop building once the project gets started. She recommended that they be included in the Schedule A section of the report.
Next, Board Chair Nils Gerling asked Jeff Marsdan of H2M Consultants to read aloud their memorandum regarding unresolved water supply and wastewater management issues, to be attached to the Planning Boards’ final report.
Following the read-through, Chair Gerling asked the Board to consider whether or not the amended plan is better than the previously approved plan, keeping in mind that the proposed amendment is not a final plan.
An attorney for Tuxedo Reserve inquired of the Board why they have chosen to recommend an additional Environmental Impact Statement. He commented that the normal standard for such a request would be a recommendation from the Planning Boards’ consultants, and he had not heard such a recommendation. Tuxedo Reserve Project Manager Andrew Dance commented that in his view the consultants are the ones who are qualified to review the amendment in terms of SEQRA and not the Planning Board members. The Board found this last remark to be offensive and Mr. Dance apologized. Board member Mary Hanson asked Bonnie Franson to edit the report to show that both the consultants and the Planning Board favor the Environmental Impact Statement.
Board Chair Nils Gerling then made a motion that the Planning Board make a favorable recommendation to the Town Board as suggested in the report subject to the minor changes they had discussed. This motion was unanimously approved by the Board.
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Agenda for Town Planning Board Meeting April 14, 2009
1. Call to Order
2. Approval of March 12, 2009 Minutes
3. Samina Butt – Filling and Grading Permit-Revised Plans
99 Fawn Hill Road
Section 4 Block 3 Lot 19
File #P8612-004
4. Nancy & Joseph Ribando – Proposed 3 Lot Subdivision
9 Nursery Road
Section 11 Block 2 Lot 1.46
File #P8608-010
5. Tuxedo Reserve – Special Permit Amendment
Section 14 Block 1 Lot 34.14
File #P0506-005
6. Other Business
Adjournment
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Town Planning Board Meeting March 10, 2009
The Town Planning Board met on March 10, 2009 at 7pm.
Board member Joe Gartiser was absent.
Tuxedo Reserve
On behalf of Tuxedo Reserve, Andrew Dance requested permission to make an opening statement. Once permission had been granted, Mr. Dance stated that the Applicant’s position has changed since the last meeting at which time they had requested that the Planning Board make their official recommendation to the Town Board on March 10.
He then requested permission to submit a revised version of the amended special permit on or before March 16 which would directly address many of the comments and concerns expressed by the Board during their workshop sessions. Should the Board be amenable to this proposal, the Applicant would grant them a one-month extension in which to carefully review the revised document with their consultants so that they might move forward with a recommendation to the Town Board at their April 13 meeting. Mr. Dance commented that not only would this process bring about a better final product from the Applicant, it would also allow the Planning Board to address some of their outstanding concerns and in turn provide the Town Board with a more thorough report.
The Board unanimously agreed to Mr. Dance’s proposal.
Board Chair Nils Gerling then asked the Board whether they feel that the proposed new layout (complete with the two options which depend on the PIPSC land-swap) is superior to the original layout proposed by the Applicant. He also asked them whether they prefer the plan with or without the PIPC land-swap.
Board Member Susan Goodfellow responded that while it appears that the land-swap would reduce the environmental impact of the development in terms of blasting and wetlands disturbance, to date she has not seen any data which confirms this assessment and therefore it is hard to tell which design is better.
Board Member Mary Hansen agreed
Board member Bob Thompson stated that he prefers the plan with the land-swap as the development appears to be more spread out in this plan and further away from the wetlands.
Board Chair Nils Gerling agreed with Mr. Thompson, stating that he was not taking into consideration either the fiscal analysis or traffic study.
Following this discussion, Board Member Mary Hansen read aloud a letter she had written, which outlined several of her major concerns with the amended special permit as it stands. Some of these concerns include:
- Building Heights – The plans call for 52 ft buildings in the Commons Area
- Emergency Access to tall buildings – Specifically the ability of the Fire Dept. to service the 52 ft buildings from ally ways.
- Habitable Attic Space – How will these be regulated?
- The Smart Code – Why should one part of Town be governed by it’s own Zoning regulations?
- The New Development in the Mountain Lake Area – In their previous plan, the developer referred to this area as “undevelopable.” Now they are proposing multiple homes there.
- Building and Parking on Steep Slopes
This was followed by a lengthy discussion during which Mr. Dance attempted to address each of the issues. Most notably he commented that the term Smart Code was just a name that had been assigned to the Planning Standards required by the town’s PID law. He offered to change the name, suggesting that the word “code” could be perceived incorrectly. Board Chair Nils Gerling responded that a name change would not be necessary.
Town Planner Bonnie Franson confirmed that the developer is required to submit planning standards, however she questioned whether or not there are certain standards integrated into the Smart Code that go beyond the Town’s PID regulations. She commented that this is a legal question and needs to be addressed at the Town Board level.
There was a lengthy discussion regarding alley ways and the Board requested that Mr. Dance provide them with the exact number of proposed alley ways so that they could compare with the original plan.
The Cut and Fill analysis was discussed and Mr. Dance informed the Board that while the analysis has been completed, due to the fact that the engineering for the project is only roughly 75% complete at this time, he is uncomfortable submitting numbers to the Board. He went on to comment that he is confident that the cut and fill is balanced and inquired as to whether or not there are specific areas of the analysis they would like to review. The Board responded that they would like to see the analysis for the entire project.
Mr. Dance then informed the Board that one way the developer plans to ensure balance is by re-using onsite materials for the project. For example, boulders will be collected and used to construct walls, cut trees will be mulched and a rock processing center will be established to turn the blasted rock into gravel to be used for fill.
Town Planner Bonnie Franson then presented the Board with a spreadsheet in which she collated and put into order comments from the workshop meetings and indicated which items had been addressed (marked as closed) and which issues still need to be addressed (open). Some of the open issues include:
- Building Heights – From what point does the measurement of a building begin? The standards must be clarified.
- Floor Area Ratio – What is and what is not included?
- Habitable Space vs. Conditioned Space
- Table inconsistencies
Additionally, the Town Engineers expressed their concern with some remaining storm water issues, specifically water quality and water testing on the lakes.
Finally, Mary Hanson inquired about the proposed fitness club and whether or not it would be open to all members of the Town. Mr. Dance responded that currently the plan calls for both the Fitness Club (including tennis courts, swimming pool etc etc) and the Jitney service to be restricted to Tuxedo Reserve residents because they will be funded by the H.O.A.. However, moving forward it will be up to the Town Board as to whether or not they chose to expand the membership and open these services up to the general public.
The following meeting dates were then agreed upon for the purpose of reviewing the revised amended Special Permit once received:
- Wednesday, March 18 – 8:30am
- Tuesday, March 24 – 8:30am
- Tuesday, March 31 – 11:00am
- Tuesday. April 7 – 8:30am
- Wed - 3/18 - Town Planning Board/Tuxedo Reserve Workshop - 8:30 am
- Tues - 3/24 - Town Planning Board/Tuxedo Reserve Workshop - 8:30am
- Tues - 3/31 - Town Planning Board/Tuxedo Reserve Workshop - 11am
- Tues - 4/7 - Town Planning Board/Tuxedo Reserve Workshop - 8:30am
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Agenda for Town Planning Board Meeting March 10, 2009
Public Hearing: Samina Butt POSTPONED
Filling & Grading Permit Approval Continued
1. Call to Order
2. Approval of February 10, 2009 Minutes
3. Samina Butt – Filling and Grading Permit-Revised Plans
99 Fawn Hill Road
Section 4 Block 3 Lot 19
File #P8612-004
4. Tuxedo Reserve – Special Permit Amendment
Section 14 Block 1 Lot 34.14
File #P0506-005
5. Other Business
Adjournment
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Town Planning Board/Tuxedo Reserve Workshop February 24, 2009
On Tuesday, February 24 the Town of Tuxedo Planning Board, along with Town Planner Bonnie Franson of Tim Miller and Assoc. and Town Consultants H2M conducted a workshop meeting for the purpose of continuing to review the Related Companies’ amended Special Permit for the Tuxedo Reserve Development.
This meeting focused on the revised preliminary plan for the Tuxedo Reserve Development.
The review focused on two concerns:
- Parking on streets and within driveways
- The difficulty of understanding the final street and lot layout due to the fact that the Smart Code allows the developer choices of house type and lot layout within each transect.
Parking is a problem because the developer wants to retain narrow roads within neighborhoods on which there is no on-street parking but in some areas driveways are short restricting on-lot parking. The members of the Planning Board present decided that in areas where there is no on-street parking there should be room, including the garage, to park four cars on each lot. In neighborhoods where there is on-street parking there should be space to park two cars on each lot.
At the heart of the Smart Code is the provision of options for the ultimate builder of houses; in other words within each transect or neighborhood the ultimate developer has choices as to building type and lot layout consequently a preliminary plan can only illustrate one set of such options for each transect. In order to understand what is being permitted it is necessary to review all possible options for each transect.
There was also discussion of setbacks from alleyways where the front lot line is the centerline of the alleyway. The board decided that the set back should be from the near edge of the alleyway not the front lot line.
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Town Planning Board/Tuxedo Reserve Workshop February 17, 2009
On Tuesday, February 17 the Town of Tuxedo Planning Board, along with Town Planner Bonnie Franson of Tim Miller and Assoc. and Town Consultants H2M held a special workshop meeting for the purpose of continuing to review the Related Companies’ amended Special Permit for the Tuxedo Reserve Development. Board member Joe Gartiser was absent.
The following items were discussed:
- Garage heights of 2.5 stories were discussed and concern expressed that the upper floors constituted livable space. Board recommended that garages be limited to 1.5 stories. There were questions about the maximum height of garages and the Board requested more information about FAR and habitable space, stating that if the space is habitable it should be included in FAR.
- The proposal makes fundamental changes to the layout of the development, increasing density in some areas and larger lots in the Mountain Lake area. It was observed that the new design will require more blasting than the 2003 design.
- Conditioned space needs to be defined.
- Some driveways are very steep (14% slopes). Such driveways need a flat space at the bottom of the driveway so car can stop before reaching a collector road. The board wants to know how many such driveways are planned and where are they in the development.
- Architectural guidelines are separate from the Smart Code.
- A diagram is needed showing where public parking is planned throughout the development.
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Town Planning Board Meeting February 10, 2009
The Town of Tuxedo Planning Board met on February 10, 2009.
Member Joe Gartiser was absent.
Sterling Forest LLC – Sterling Place – 6-Month Extension
On behalf of Sterling Forest LLC, Lou Heimbach appeared before the Board to request a 6-month extension for the Sterling Place Project. Tuxedo Park engineers have approved the preliminary water/sewer plans and now the New York State Health Department must review and approve the plans as well. Mr. Heimbach anticipates that this process will take less than 6-months.
The Board voted unanimously in favor of granting Sterling Place a 6-month extension, which will expire in August of 2009.
Tuxedo Reserve
The Board continued their detailed review of Tuxedo Reserve’s proposed amendment to their Special Permit, with specific focus on the“Smart Code”. The discussion centered around a table of questions/issues prepared by Tim Miller and Assoc and presented by Town Planner Bonnie Franson. The following issues were discussed:
Performance Standards
Storm Water Run-Off
Building Heights
Floor Area Ratios
Board Chairman Nils Gerling requested that the applicant review their tables and graphs for accuracy and consistency. Additionally, the Board has requested clarification of standards, specifically whether State or Town standards will be applied in certain areas.
Additional Planning Board/Tuxedo Reserve workshops were scheduled for Tuesday February 17 at 8:30am and Tuesday February 24 at 8:30am.
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Agenda for Town Planning Board Meeting February 10, 2009
- Call to Order
- Approval of January 13, 2009 Minutes
- Samina Butt – Filling and Grading Permit-Revised Plans
99 Fawn Hill Road
Section 4 Block 3 Lot 19
File #P8612-004
- Sterling Forest LLC – Sterling Place – 6 Month Extension
Section 9 Block 1 Lot 5.4
File #P9010-053
- Other Business - Tuxedo Reserve
- Public Comments
Adjournment
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Town Planning Board/Tuxedo Reserve Workshop February 3, 2009
On Tuesday, February 3 the Town of Tuxedo Planning Board, along with Town Planner Bonnie Franson of Tim Miller and Assoc. and Town Consultants H2M held a special workshop meeting for the purpose of continuing to review the Related Companies’ amended Special Permit for the Tuxedo Reserve Development. Board member Joe Gartiser was absent.
The meeting focused on the Draft Technical Memorandum (DTM) of the Amendment document. Bonnie Franson lead the discussion following a multicolored spreadsheet of consultant comments. The following issues were discussed:
- The Board inquired as to whether or not the Fitness and tennis club planned for The Commons area of the development will be open to all Tuxedo residents?
The applicant replied that it will be for Tuxedo Reserve residents only.
- There was a lengthy discussion regarding maximum building height as there are different maximum heights in various parts of the document. There were questions about how this height will be measured. The Board asked for clarification and comments from the Fire Commissioner regarding the ability of the fire dept. to protect the proposed buildings.
- There are now more cul de sacs and hammer head dead ends than were indicated in the Special Permit. The Board asked for a map of these. Additionally, they requested a map showing all roads with grades exceeding 10%.
- The Board questioned the applicants market analysis referred to in the DTM and asked when property values were determined, how sales demand was estimated and requested a copy of the original market analysis document. . The Board is uncertain how condos are evaluated in the market analysis. They asked that the Tax assessor review the applicant’s market analysis.
- The Board asked that the School Board and the Library Board be brought into the discussion as there are many questions concerning both the school lot (how water is to be supplied to it and what Tuxedo Reserve is going to do to it) as well as the library lot and building.
- There was extensive discussion of the new Mountain Lake development and the Board wanted to know if steep slopes were an important consideration when the earlier decision was made not to develop this area.
- The Board was confused about the way the bedroom count is tallied and asked for a table showing numbers of bed rooms/building type and numbers of each building type. There were also questions about how “habitable attics” would be treated in the bedroom count tally.
- The Board was also confused by the treatment of how recreational fees will be calculated relative to the donation of parkland and asked for clarification.
- The Board requested that the traffic analysis include the consequences of loosing the light industrial space on the Northern Tract and the addition of 30000 sq ft. of commercial space in the Southern Tract.
- The new proposed development in the Tuxedo Lake watershed was discussed and the Board inquired as to what steps will be taken to control pollution to both Tuxedo Lake and Mountain Lake when blasting occurs and after build out. They asked that water quality tests of both lakes be made now and that the lakes be monitored during and after development. They also asked for details regarding how close to either lake blasting will occur.
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Town Planning Board/Tuxedo Reserve Workshop January 20, 2009
On Tuesday, January 20 the Town of Tuxedo Planning Board, along with Town Planner Bonnie Franson of Tim Miller and Assoc. and Town Consultants H2M held a special workshop meeting for the purpose of continuing to review the Related Companies’ amended Special Permit for the Tuxedo Reserve Development. Board member Joe Gartiser was absent.
Before the meeting officially began, Board member Susan Goodfellow voiced concern to the Chairman that the Town Board would get the wrong impression about the progress of their review from reading Andrew Dance’s cover letter of December 9, 2008. She asked that a letter clarifying the situation be drafted and included.
Although Board Chairman Nils Gerling,was not present at the previous workshop when the letter was discussed, he has been provided with meeting minutes from Bonnie Franson via e-mail. He commented that he does not feel a letter to the Town Board is necessary. He also commented that he does feel it necessary to ask PIPC to provide a letter with regard to the proposed land swap as the Town Board will broach this subject later on.
The workshop officially began with a page-by-page analysis of Tuxedo Reserve’s Techincal Memorandum of December 9, 2008. This memo should have been corrected based on earlier workshops. Chairman Gerling continues to be unhappy with the confusion as well as the inconsistencies with the tables and the numbers.
The Town engineers inquired as to how they could proceed with deciding the road widths in the absence of a decision regarding the PIPC land swap.
Board member Mary Hanson voiced concern about the lack of response from the Fire Department regarding the adequacy of their equipment to service the tall buildings that are being proposed and whether the road widths would allow trucks to raise their ladders to access the high spaces.
Questions arose regarding the Smart Code and who is checking it against the prevailing New York State standards.
Town Planner Bonnie Franson stated that the Planning Boards needs to receive a proper breakdown of the number of live/work spaces within the development as this is currently unclear.
Regarding the issue of storm water management, the Town engineer feels that the Planning Board needs to require a baseline water quality analysis. He also said that the document should state that there would be no point-source discharge into either Tuxedo Lake or Mountain Lake. Susan Goodfellow concurred.
Bonnie Franson questioned the reason for the declared increase in the amount of impervious surfaces and would like the engineer to look at the details. She indicated that the sheet water flow from these surfaces would be towards the Rodzianko property in the Village of Tuxedo Park (a low point near the Tuxedo Lake)
Mary Hanson remarked that Town zoning does not allow flag lots, which are being proposed.
The meeting concluded with the Board and their consultants requesting additional comments prior to the next workshop.
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Town Planning Board Meeting January 13, 2009
The Town of Tuxedo Planning Board met on January 13, 2009 at 7pm.
All members were present.
Public Hearing: Samina Butt - Filling & Grading Permit Approval Continued
Mr. Butt began the public hearing by addressing the Board and requesting that they suggest an independent surveyer to review the situation on his property and advise him on how to move forward. He commented that he willing to work with the Town and that he just wants to get the job done. Mr. Butt does not believe that the work he has done on his property is the cause of damage on neighboring properties, however his neighbors feel strongly that it is. For this reason, Mr. Butt thinks a third party must be called in to fairly evaluate the issues at hand. He went on to say that the situation has created a lot of tension in his neighborhood and he would like to avoid a neighborhood war.
Board Chair Nils Gerling responded by commenting that the Board has not received any of documentation they requested from Mr. Butt’s engineer at the previous meeting. It had been their understanding that Mr. Butt’s engineer would contact Town engineer Don Sioss directly to ensure that they were on the same page with the work that needs to be done. However, no contact was made. The Board will need to see the requested documentation (specifically a detailed plan outlining various aspects of the drainage) before they can move forward with their review.
Building Inspector Dave Maikisch commented that he visited the property and while it is clear that Mr. Butt did remove many trees, most of those that he observed were either rotted or less than 8 inches in diameter at the base. This means that Mr. Butt would not have required a permit for removal of those trees. Mr. Maikisch also commented that he observed several properties in the neighborhood, including that of Mr. Butt’s neighbor Mr. Gaines, where trees have been removed without permits and while many of these removals may have been legit, it is clear that there has been some illegal tree removal across the board in the area.
Mr. Butt’s neighbor, Mr. Gaines, then gave a detailed reasoning for the recent removal of a tree on his property, commenting that the removal in no way effected the overall topography of the neighborhood.
Another neighbor, Roger Dyne commented that the grading on his property has been completely destroyed as a direct result of the work on Mr. Butt’s property. He went on to explain that historically he had experienced issues with water running through his property and that he had spent a great deal of time and money repairing these issues only to have them completely destroyed again. He inquired as to who was accountable for the work that he would now need to do in order to repair the damage.
Following these comments, the Public Hearing was extended until February 10, 2009.
Tuxedo Plaza – Route 17 - Lead Agency Determination SEQR
A representative for the applicant gave a brief review of the plan, which is to build a two-story retail complex with dual access to Rt. 17 and Spring Street in Southfields. A proposed septic system was presented. In addition, a storm water design has been completed. The applicant needs a technical review from the Department of Transportation for their entrance/exit onto Rt. 17 and requested the Boards assistance in beginning that process. There was some discussion with regard to a drainage easement on the south side of the property where it borders a cemetery. Town planner Bonnie Franson read a letter from Highway Superintendent Joe Tripolli in which he recommends that the Spring Street exit be a right-turn-only in order to avoid other traffic concerns. Ms. Franson also requested a copy of the deed to the property.
After some further discussion it was decided that the Board will make a site visit on January 27.
Tuxedo Reserve
On behalf of Tuxeod Reserve Andrew Danse appeared before the Board for the purpose of scheduling more special workshops in order to continue review of their proposed revised special permit. After some discussion, three additional workshops were scheduled for January 20, January 27 and February 3 at 8:30am.
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Town Planning Board To Hold More Tuxedo Reserve Workshops
TOWN OF TUXEDO
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the Planning Board of the Town of Tuxedo will hold Workshop Meetings on the following Tuesdays, January 20th, January 27th and February 3, 2009 at 8:30 am at the Tuxedo Town Hall, 1 Temple Drive, Tuxedo New York, for the review of the Special Permit and Preliminary Plan Requests for Tuxedo Reserve.
Nils Gerling
Planning Chair
Tuxedo, New York
Dated: January 14, 2009
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Agenda for Town Planning Board Meeting January 13, 2009
Public Hearing: Samina Butt
Filling & Grading Permit Approval Continued
- Call to Order
- Approval of December 9, 2008 Minutes
- Samina Butt – Filling and Grading Permit-Revised Plans
99 Fawn Hill Road
Section 4 Block 3 Lot 19
File #P8612-004
- Tuxedo Plaza – Route 17 - Lead Agency Determination SEQR
Section 5 Block 3 Lot 12.21
File #P0907-020
- Other Business
- Public Comments
Adjournment
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Town Planning Board Meeting December 9, 2008
The Town of Tuxedo Planning Board met on Tuesday, December 9, 2008.
All members were present.
Public Hearing: Samina Butt – Filling and Grading Permit – Revised Plans
An engineer for the Applicant presented the Board with revised plans for the project, however the plans presented did not reflect the information the Board had requested at the previous meeting. Gerard Gaines, who owns the property directly below the Butts, reiterated his concerns with regard to drainage and water on his property. The applicant filled in a depression located near the property line without securing the proper permit and since this work was completed, Mr. Gaines has experienced a myriad of issues on his own property as a result. Specifically, Mr. Gaines is concerned about the increase in water flow and commented that his landscaping has already suffered some damage. He went on to express concern about the foundation of his home.
There was some discussion about what steps could be taken by the applicant to correct the problem. Board member Robert Thompson suggested restoring the property to it’s original state by recreating the depression. Planning Board Engineer Don Sioss commented that while this might be possible, there are still issues remaining with other sections of the plan.
Because the plans presented were not complete, the Board was unable to move forward, however, in an effort to assist Mr. Gaines, the Board suggested that Mr. Butt install hay bales along the property line where the water is escaping onto the Gaines property. In addition they requested that Mr. Butt provide Mr. Sioss with a more detailed plan, which not only shows the contours of neighboring properties as previously requested, but also clearly outlines how the drainage system will work so that water does not leave the Butt property.
Ski Side Villa – Bond Reduction
The Board voted unanimously in favor of reducing the bond on this project to $150,000.
Tuxedo Plaza – Lead Agency Determination SEQR
As the Applicant was not present, this application was not discussed.
Tuxedo Reserve – Special Permit Amendment
Referencing a letter written by Project Manager Andrew Dance to the Town Board, a representative for Tuxedo Reserve proposed that the Applicant resubmit a revised document, reflecting comments and concerns expressed by the Planning Board and their consultants during the recent workshop sessions. Consequently, he also proposed that Tuxedo Reserve grant the Planning Board a 45-day extension in which to complete their review.
Board member Susan Goodfellow expressed her concern that Mr. Dance’s letter inferred that the Planning Board had made formal comments, when in fact they have not. She continued on to comment that the Board had been waiting for a letter from their consultants before issuing any formal comments.
Town Planner Bonnie Franson responded that during the Workshops a great deal of focus had been placed on consistencies (or lack there of) between the old and new plans as well as the massive changes that were being proposed. Many of these issues were laid out in the form of memorandums from the Consultants to the Board. Assuming that the Applicant has clarified the majority of these issues in the revised document, the Board should be able to complete a smoother, more thorough review.
The Board then voted unanimously in favor of accepting the applicants’ proposal.
Other Business
Proposed meeting dates for 2009 were circulated and unanimously agreed upon by the Board.
Public Comments
On Behalf of TARGET TUXEDO, Steve Gross of Hudson Highlands Environmental Consulting announced that he has been retained by the group to examine the Tuxedo Reserve project and represent their concerns to the Board. He continued on to express his concern with the rugged terrain of the Tuxedo Reserve property and particularly the area surrounding Mountain Lake, where the Applicant is now proposing to build several homes. He pointed out that on previous plans, The developer had labeled this area as un-buildable, however now they are proposing that two roads with multiple homes on either side be built in one of the steepest areas. Finally, he urged the Board to request a cut and fill analysis from the Applicant, which he commented could reveal major previously undiscovered environmental impacts.
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Agenda for Town Planning Board Meeting December 9, 2008
Public Hearing: Samina Butt
Filling & Grading Permit Approval Continued
- Call to Order
- Approval of November 12, 2008 Minutes
- Samina Butt – Filling and Grading Permit-Revised Plans
99 Fawn Hill Road
Section 4 Block 3 Lot 19
File #P8612-004
- Ski Side Villa – Bond Reduction
Section 1 Block 1 Lot 59
File #P0408-022
- Tuxedo Plaza – Route 17 - Lead Agency Determination SEQR
Section 5 Block 3 Lot 12.21
File #P0907-020
- Tuxedo Reserve – Special Permit Amendment
Section 14 Block 1 Lot 34.14
File #P0506-005
- Other Business
- Public Comments
Adjournment
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Town Planning Board/Tuxedo Reserve Workshop November 25, 2008
On November 25 the Town of Tuxedo Planning Board, along with Town Planner Bonnie Franson of Tim Miller and Assoc. and Town Consultants H2M held a special workshop meeting for the purpose of carefully reviewing the Related Companies’ amended Special Permit for the Tuxedo Reserve Development. Board member Joe Gartiser was absent. Board member Mary Hansen asked Andrew Dance of Tuxedo Reserve if the Town of Tuxedo has been reimbursed for the consultants’ fees. Mr. Dance replied that a check had been mailed the previous Friday. Ms. Hansen then reminded everyone that it is the Board’s policy no to hear applicants who are in arrears. Mr. Dance regretfully informed the Board that the Related Companies had to lay-off several employees who had been working on the Tuxedo Reserve project. He added that approval from the Board for the amended plan was “key” to Relateds’ ability to get their new financing. The Board had no comment. Board Chair Nils Gerling suggested that the Board go through the plans dated 8/19/08 sheet-by-sheet, hearing comments from Board members as well as Town Planner, Bonnie Franson. There were five representatives from Tuxedo Reserve, including Mr. Dance, present to answer questions and respond to comments. Before this process began, Board member Susan Goodfellow asked Mr. Dance about the PIPSI land swap. Mr. Dance stated that Town Supervisor Peter Dolan had spoken to the head of PIPSI, J. Hall. According to Mr. Dance, Mr. Hall indicated his interest but also stated that he did not want to create a conflict. Mrs. Goodfellow replied that hearsay was not adequate and that PIPSI should provide the Planning Board with a letter of intent. There was discussion as to how the Board should proceed in this apparent vacuum. Mr. Dance stated that there are 2 options to consider: one with the land swap and one without. Town Planner Bonnie Franson that as of the previous week she had remarked the discrepancies between various tables and surveys with the Town Zoning Code. For example, The Board had voiced concerns regarding “flag lots” as they are not allowed as per the Zoning Code. Mr. Dance replied that everything would be made consistent. Ms. Franson then made several suggestions, which, in her opinion, would make the development look better, such as mitigating the visual impact of the unbroken line of East Terrace cottages. She also questioned the rational for the mix of some of the housing stock. The Board was concerned about the adequacy of the proposed parking provisions, especially in light of the proposed expanded retail space. Mr. Dance replied that 40% of the residents would be able to walk to the retail center. When asked about the proposed Clubhouse, Mr. Dance said that it would be up to the Homeowners Assoc. to decide how it would function (public or private, fees etc.) The Homeowners Assoc. would also be responsible for all private roads such as the alleyways used to access certain types of housing. After some further discussion, the Town Board Attorney explained the “final” process. The Planning Board must make a recommendation (either favorable or non-favorable) to the Town Board. This recommendation will be in the form of a letter drafted by Ms. Franson, which will indicate the reluctant conclusions of the Planning Board. Mr. Dance pressed to have this document ready by December 9, which is the date of the next formal Planning Board meeting.
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Town Planning Board/Tuxedo Reserve Workshop November 13, 2008
On November 13 the Town of Tuxedo Planning Board, along with Town Planner Bonnie Franson of Tim Miller and Assoc. and Town Consultants H2M held a special workshop meeting for the purpose of carefully reviewing the Related Companies’ amended Special Permit for the Tuxedo Reserve Development.
Board member Mary Hanson was absent.
For over two hours the Board members reviewed the Smart Code document page-by-page, showing impressive attention to detail. Board Chairman Nils Gerling noted several discrepancies in the various tables and standards as well as zoning conflicts.
Andrew Dance of the Related Companies agreed that the document needs “cleaning up.”
Town Planner Bonnie Franson asked many detailed questions with regard to roadways, alleys and setbacks.
Board member Joe Gartiser commented that he would like to see further dialogue with the Town Highway Superintendent, particularly is the Town will eventually have to take responsibility for the roads within the development.
Bonnie Franson and Nils Gerling were in agreement that the Town Architectural Review Board should examine the proposed additions to the design guidelines.
There are several items that remain unresolved, some of which are:
- Aspects of the sewer system
- Traffic on Rt. 17, specifically at it’s intersection with Quail Road
- Agreements with the School District and the Library Board
The Board agreed to continue their review at the next regularly scheduled T.A.C. meeting on November 25, 2008 at 8:30am.
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Town Planning Board Meeting November 12, 2008
The Town of Tuxedo Planning Board met on November 12, 2008 at 7:00pm.
All members were present.
The meeting began with two Public Hearings.
Public Hearing – Samina Butt – Filling and Grading Permit
Prior to the Public Hearing, the Applicant presented the Board with revised plans for the project, reflecting some of the changes discussed at the October meeting.
Neighbors of the Applicant expressed their concerns with regard to drainage. The Applicant has filled in a depression below his property without approval and this has caused a dramatic increase in the amount of water flowing onto the neighboring properties below. Gerard Gaines, who owns the property directly below the Butts, stated that there has already been considerable damage to his property and that he is now concerned about the foundation of his home, which could be in peril as a direct result of the depression having been filled in combined with the Applicants’ proposed drainage plan. He also expressed concern regarding several dead and dying trees, which could potentially fall into the roof of his home. Neighbors Greg Cabibbo and Fernando Rangel echoed Mr. Gaines’ concerns regarding the flow of water across their properties , which are also located down slope from the Butts, and inquired as to where the flow of water would be directed.
Following these comments from the public, Planning Board engineer Don Sioss commented that the Applicant failed to submit a topography map as requested at the previous meeting. In addition to this map, Mr. Sioss requested that the Applicant also supply the Board with a map of the property as it was originally sited. He commented that such a map might help the Board to determine what the original flow of water from the property was (before the depression was filled in) He further commented that neighboring properties should be shown on the topography map.
The Public Hearing will be continued on December 9, 2008.
Public Hearing – Vlasois Lymberis – Filling and Grading Permit
Prior to the Public Hearing, the Applicant presented the Board with a revised landscaping plan as requested at the previous meeting. In direct response to some concerns from town planner Bonnie Franson, the applicant has reduced the size of several of trees to be planted. While Ms. Franson was not present, Mr. Sioss commented that he had been in contact with her and that she approves of the amended plan.
Neighbors of the Applicant asked for clarification of some of the project details and were informed that the Applicant intends to properly rebuild several existing retaining walls and then plant trees along them.
The Public Hearing was then closed.
Tuxedo Reserve – Northridge Preliminary Approval Request for 6 Month Extension
The first item on the agenda during the regular portion of the meeting was a request from Tuxedo Reserve for a 6-month extension on the Preliminary Approval for Phase One of the development, Northridge. The Board voted unanimously in favor of this extension, which will run until June 9, 2009.
Vlasois Lymberis – Filling and Grading Permit
The last item on the agenda was further discussion of the Lymberis application for a filing and grading permit as well as new landscaping plan on their property at 48 Alexander Drive. After some brief discussion, the Board granted conditional approval based on the receipt of a letter from a neighboring property owner granting approval for the rebuilding of a wall, which is partially on his property.
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Agenda for Town Planning Board Meeting November 12, 2008
- Call to Order
- Approval of October 14, 2008 Minutes
- Samina Butt – Filling and Grading Permit-Revised Plans-Set Public Hearing Date
99 Fawn Hill Road
Section 4 Block 3 Lot 19
File #P8612-004
- Vlasois Lymberis – Filling & Grading Permit – Set Public Hearing Date
48 Alexander Drive
Section 17 Block 2 Lot 45
File #P0008-016
- Jasmine Imports – Potential Site Plan Approv
979 Route 17
Section 5 Block 4 Lot 17.1
File #P8801-001
- Tuxedo Reserve – North Ridge Preliminary Approval Request of 6 month extension
Other Business
Public Comments
Adjournment
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Town Planning Board conducts Workshops to review new Tuxedo Reserve Plan
On the evenings of October 28, 29 and 30 the Town of Tuxedo Planning Board, along with Town Planner Bonnie Franson of Tim Miller and Assoc. and Town Consultants H2M held special workshop meetings for the purpose of carefully reviewing the Related Companies’ amended Special Permit for the Tuxedo Reserve Development. P.I.D. regulations require that the Planning Board issue either a favorable or non-favorable report to the Town Board within 45 days of referral. While the project was referred back on September 8, due to the enormity of the amendment, an extension has been granted. The Planning Board is expected to issue their report no later than December 9.
Also in attendance were the Town Engineer and Planning Board Attorney Tom Eagan. Representatives from the Related Companies were present as well in order to answer any questions that might arise.
In an effort to manage time, each workshop was given its own area of focus as follows:
Tuesday October 28–Review of Environmental Memorandum
Wednesday October 29 – The Smart Code
Thursday October 30 – Review of Draft Technical Memorandum
What follows is a summary of what occurred at each workshop meeting.
Tuesday October 28
Board member Susan Goodfellow was absent.
Town Planner Bonnie Franson began the meeting by reviewing the list of concerns from Town Planners, Tim Miller and Assoc. She commented that both the Environmental and Technical memos require supplemental information in the form of data, charts, graphs and studies. As they stand now, the memos draw conclusions about the project without supplying background information as to how those conclusions were reached. The Applicant must present the Boards with the necessary information so that they can draw their own conclusions. Ms. Franson then read a memo composed by Tim Miller and Assoc., which outlined several areas of the amendment where either further clarification or more information is needed. Some of these included:
- Potential effects on community services
- Fiscal impacts on the school
-Various effects of the proposed land swap (evaluation should consider impacts both
with and without the swap)
- A clear breakdown of the active adult housing (multi-family vs single family homes)
- Effect of proposed new businesses on current businesses in the Hamlet
- Fiscal impacts in terms of taxes paid to the town
- Effects on non-regulated wetlands
- Storm water management
- Recreational demands
- Potential effects to Mountain Lake
- Any increase or decrease in the amount of blasting to be done
-Ease of access to certain areas for Emergency providers
-Traffic
Following Ms. Franson’s remarks, the Board began a page-by-page review of the document, during which many of these concerns were addressed.
Board Member Mary Hanson questioned the rationale for adding development to the Mountain Lake area. She inquired as to whether or not there was legal wording in the original document, which stated that the area should remain forever green.
She then asked about the status of the PIPC negotiations (land swap) commenting that the only information she had been given regarding the swap had come from the applicant. She was informed that while the Related Companies are pursuing the swap, whether or not it occurs depends on Town agreement. Related Companies will wait for plan approval before pursing the swap further with the Town. Board attorney Tom Egan suggested asking PIPC to provide written documentation confirming that the negotiations are actually taking place.
Next, Ms. Hanson inquired about the active adult housing, commenting that the new plan shows more condos and townhouses where the old plan called for carriage and cottage style homes. She further commented that the change in housing type would surely have a direct effect on taxes. She also wanted to know why the Applicant is now proposing 4 story buildings, when the Town is not equipped to handle buildings of that height.
Regarding this last concern, Town Planner Bonnie Franson responded that the request for 4 story buildings is one that needs to be further evaluated.
Board Chairman Nils Gerling commented that the amendment calls for a Dry Cleaners in the Commons and that the Town Code prevents this unless it is a pick up & drop off facility.
Mary Hanson inquired about the proposed fitness center/daycare/business center and commented that the plan allots additional space for a Private Club. She expressed confusion with regard to the purpose of the Club and who its members would be. She was informed that membership would be open to the entire Town.
The issue of the new school site was discussed. The applicant is no longer proposing to grade the 3 levels of land for the new school, but will instead construct a Recreation Facility. The high cost of grading the school site is of great concern to the district.
Town Engineer Jeffrey Marsden raised the issue of storm water runoff, commenting that the new plan eliminated several basins and instead proposes that the water discharge through the Village of Sloatsburg into the Ramapo River. He inquired about the potential down stream effects of this new plan, particularly with regard to flooding on Rt. 17.
Mary Hanson stated that she disagrees completely with the assessment that no additional Environmental Impact Study is needed.
Wednesday October 29
Board Member Joe Gartiser was absent.
The focus of Wednesday night’s workshop was a presentation of Tuxedo Reserve’s “‘Smart Code”.
Tuxedo Reserve is requesting the adoption of new zoning code standards to regulate their 1200-unit housing project, which will be known as the Smart Code. These standards, including zoning, architectural and landscaping components would be unique to each neighborhood within the project.
The presentation was made by Douglas Kallfelz AIA of Donald Powers Architects, Inc of Providence, Rhode Island.
Mr. Kallfelz stated his premise that historically zoning ordinances regulate by defining what a community doesn’t want and over time places become entirely homogeneous. Inadvertently, he maintained the desire to control what we don’t want has also eliminated many of the things we do want. Form-Based Codes recognize that building of the same use and scale need to behave differently in different neighborhoods. This he claims is the primary reason that the Smart Code is so important for Tuxedo Reserve.
Tuxedo Reserve’s plan is presented in a series of tables. Table 1, the Transect Zone and Neighborhood District Descriptions, goes from Natural Zone, to Sub-Urban Zone, to General Urban Zone, to Urban Center Zone. Table 2 has frontage type; Table 3 is building configuration; and Table 4 is building placement. The Smart Code Summary on Table 5 gives you information on lot regulations by type and transect along with front yard setback in each zone and Table 6 is for the building types. Table 7 gives you the building bulk standards. There are a total of 12 tables.
There were questions raised by the planning board members as to what, if any, experience the Consultants’ have had with other Smart Codes that have been put in place. The response was that there were none locally.
Planning Board members also questioned the conflicts in the setbacks, porches and buffers. There were additional questions about Estate Homes on 1/3 acre in Table 7.
Thursday October 30
Board Members Mary Hanson and Joe Gartiser were absent.
The third workshop focused on the Draft Technical Memorandum, which examines the potential environmental impacts associated with the proposed amendment. The purpose of the Technical Memorandum was to determine if the proposed modifications have the potential to generate any new significant adverse environmental impacts that were not previously identified in the Final Environmental Impact Statement, (FEIS), and also to determine whether a Supplemental Environmental Impact Statement, (SEIS), is needed. The Town Board, as lead Agency, will ultimately determine if a SEIS is required.
Questions were raised by members of the Board with regard to some inconsistencies and errors in certain statements and statistical tables. The Memorandum covered areas including but not limited to, Natural Resources, Storm Water Management, Land Use, Population and Housing Characteristics, Economic and Fiscal Analysis, Cultural Resources, Visual Quality and Community Character, Geology, and Traffic.
The Developer s consultant, AKRF Environmental and Planning Consultants (who prepared the Technical Memorandum) concluded in their report that the proposed changes do not have the potential to generate any new significant adverse environmental impacts and therefore, no supplemental environmental impact statement is needed.
At the conclusion of the final workshop, it was determined that more workshops will be needed before the Planning Board can issue their report. These workshops will take place on November 5 and 13 from 12pm-2pm.
What Does All This Mean?
Clearly, there are a multitude of issues and unanswered questions with the proposed amendment. Why is the Town of Tuxedo considering allowing the developer to propose a zoning code that regulates their own development? How is it possible that additional environmental studies are not needed, when the new plan includes development around the environmentally sensitive Mountain Lake (an area which was supposed to remain undeveloped according to the original plan), as well as the possible inclusion of additional land (PIPC land swap) that was not included in the original special permit? What would be the long-term impact on the tax base if the PIPC swap allows Tuxedo Reserve to give PIPC all land zoned light-industrial, forever taking away the possibility of such businesses bringing jobs and tax revenue to the Town? Why is there no apparent concern over the addition of 27,000 additional sq feet of retail space, which will create an entirely new downtown area, potentially making a ghost town out of the Hamlet? Given the enormity of the proposed amendment, not to mention the current economic climate, why is the Developer putting pressure on the Planning Board to render a speedy report? Why have supplemental workshops been scheduled in the middle of the afternoon, when some Board members are unable to attend and most of the public cannot be there? Questions such as these MUST be addressed if the Town hopes to ensure that a quality development is constructed in Tuxedo.
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Town Planning Board Meeting October 14, 2008
The Town of Tuxedo Planning Board met on October 14, 2008 at 7:00pm.
All members were present.
Samina Butt – Filling and Grading Permit-Revised Plans
The Applicant presented the Board with a new site plan showing some minor grading on the left side of the home as well as a relatively large section of fill in the back of the property. The purpose of the proposed plan is to improve the depression in the rear of the house by making it flatter and therefore usable for recreational purposes. Issues ranging from drainage and storm water run-off onto the neighbor’s property to erosion control were discussed. The Applicant will come to the next TAC meeting to iron out the Board’s concerns. A public hearing was scheduled for Wednesday, November 12, 2008 at 7pm.
Science of the Soul Study Center - Present Concept Plan
The applicant presented a revised site plan. The goal of their presentation was to make sure that the Planning Board approved of the changes before moving on with the new plan.
Due to grading issues with the original plan, the applicant has redesigned the primary structure, removing one of the building’s two wings and creating a basement level to be used as community space. The windows have also been altered to give the building a more vertical appearance. In addition, two new buildings have been added to the plan; one for storage and maintenance and the other a bi-level, with the top floor to be used for storage and the bottom floor as a playroom for children during inclement weather. Finally, the applicant has eliminated some of the previously planned parking spaces and created a loop connecting all parking areas surrounding the buildings.
In response to concerns expressed at a previous TAC meeting, the Applicant also presented the Board with several green color samples for their proposed metal roof along with concrete block veneer samples for the building’s face.
Board member Mary Hanson expressed her displeasure with the newly proposed buildings, stating that while the maintenance space is probably necessary, the indoor playroom is not. She suggested that the play area for children could be some how worked into the main structure.
The applicant responded that due to the elimination of one wing on the main structure, there was no longer adequate space to house a playroom there.
Town Consultant Bonnie Franson expressed concern with a large retention basin and suggested that several smaller basins might be worked into the plan in order to reduce the overall footprint.
Following a brief discussion with regard to water supply and septic, the Board expressed pleasure with the new design and gave the applicant the go-ahead to proceed with putting together the new plan.
Vlasois Lymberis – Landscaping
The Applicant presented landscaping plans for redesigned retaining walls on their property at 48 Alexander Drive.
Town Consultant Bonnie Franson expressed concern with regard to the types of trees selected by the Applicant, suggesting that many of them will be very large at maturity with complex root systems, which could impact the stability of the walls. She commented that perhaps the Applicant should consider smaller trees. In addition she suggested larger masses of shrubs be added in an effort to better conceal the wall.
A public hearing was set for Wednesday, November 12 2008 at 7:00 pm.
Jasmine Imports – Potential Site Plan Approval
The Applicant has addressed the majority of the Board’s concerns with this application. However, a letter from the Department Of Transportation suggests that the property line has been mislabeled on the plans. The Town Engineer, the Town Consultant and the Applicant all expressed confusion with this determination. The Applicant agreed to make contact with the DOT in an effort to understand this assessment before proceeding. In addition, some of the plan notes are in need of revision. After resolving these issues, the Applicant will return to the November 12 meeting for final approval on their plan.
Tuxedo Reserve – Workshop Schedule – Extension for Review
The Applicant presented the Board with alternative designs for homes slated to be built in the Mountain Lake area of the development. Based on negative reactions from both the Town Board and the TAC, the Applicant is now seeking to replace the previously planned tower houses with hillside homes. Photographs of several hillside homes similar to those the developer would like to build were presented.
Following this brief presentation, the Board scheduled a series of workshops with the Town Engineer, Town Consultant and Planning Board Attorney Tom Eagan at which they plan to go through the proposed amendment page by page in an effort to compile their report. Andrew Dance of the Related Companies had taken it upon himself to contact everyone prior to the meeting and coordinate availability. Three workshops were scheduled for the evenings October 28. 29 and 30. The Applicant reminded the Planning Board that they had been given 45 days from the date of Town Board referral (September 8, 2008) to issue their report. Planning Board Chairman Nils Gerling then requested and extension in order to allow time for more careful review. The Applicant granted a one month extension, with a report expected no later than the December 9 Planning Board meeting.
Following the departure of the Applicant, the Board discussed their concerns with regard to the time limit for issue their report. Board member Susan Goodfellow commented that she does not think that representatives for the Applicant (a.k.a. Andrew Danse) should be the party responsible for coordinating availability and workshop dates. Rather, she suggested, the Planning Board should be setting their own time schedule for review. She further commented that holding workshops on three consecutive nights , when not all Board members can be present at each meeting is not the most productive method for review.
Mary Hanson suggested that Board members go through the proposal and put together a list of questions and concerns to be circulated amongst the group before the workshops occur in order to make the sessions more productive. She indicated that she would circulate her own such list.
Attorney Tom Eagan commented that he sensed the Board was feeling pressured to render a quick decision. He also commented that the Applicant is clearly eager to move ahead and that in his opinion a compromise must be reached between both parties. With that said, he suggested that the Board compile agendas for each workshop. He continued on to comment that while the Applicant will be allowed to attend the workshops they should not be primary participants in them, although they may be called upon to answer questions. The Board was in agreement with this comment.
Audience member Jim Hays then inquired as to who would be addressing the broader issues for the project such formulating a new fiscal analysis and putting together a new traffic survey. He commented that the changes in the types of homes to built as well as the addition of more retail space will certainly change the fiscal impact that the development will have on the Town. He further commented that the addition of retail space may create a need for large trucks to travel up and down Quail Road in order to service the new businesses. As safety was a major concern with Quail Road during the process of preliminary approval, he inquired as to whether or not a new stuffy would be completed. Board Chairman Nils Gerling replied that the Town Board must make decisions such as these as they are the lead agency for the project.
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Agenda for Town Planning Board Meeting October 14, 2008
- Call to Order
- Approval of September 10, 2008 Minutes
- Samina Butt – Filling and Grading Permit-Revised Plans-Set Public Hearing Date
- 99 Fawn Hill Road
- Section 4 Block 3 Lot 19
- File #P8612-004
- Science of the Soul Study Center –SEQRA – Status of Environmental Review, Present Concept Plan
- Section 17 Block 1 Lot 17
- File #P9110-077
- Vlasois Lymberis – Filling & Grading Permit – Set Public Hearing Date
- 48 Alexander Drive
- Section 17 Block 2 Lot 45
- File #P0008-016
- Jasmine Imports – Potential Site Plan Approv
- 979 Route 17
- Section 5 Block 4 Lot 17.1
- File #P8801-001
- Tuxedo Reserve – Workshop Schedule – Extension for Review
- Other Business
- Public Comments
- Adjournment
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Town Planning Board Meeting September 10, 2008
The Town of Tuxedo Planning Board met on Wednesday September 10, 2008. Board member Mary Hansen and Town Planner Bonnie Franson were absent.
The only applicant on the agenda was Jasmine Imports. An architect for the applicant presented amended site plans reflecting changes discussed at last month’s meeting. Although she was not present, Bonnie Franson had prepared a list of comments, which were discussed. The Town Engineer expressed some concern with the parking configuration. The applicant was advised to attend the TAC meeting on the last Tuesday of the month before returning to next month’s meeting for final approval.
The Board then discussed the Town Board’s recent meeting on September 8 and the forthcoming amendment to the Special Permit for Tuxedo Reserve, which will be formally presented to both Boards on September 22. Board Member Susan Goodfellow expressed concern the majority of members on the Town Board were not involved with the original Special Permit Process and have limited experience with the project. Board Chairman Nils Gerling agreed, however he pointed out that Town Board member Gary Phelps sat on the Planning Board for 17 years prior to his election to the Town Board and therefore has extensive knowledge of the project’s history. Mrs. Goodfellow then expressed concern over both the enormity and complexity of the proposal and inquired as to what the process for review would be. Mr. Gerling responded that once the Town Board officially refers the proposed amendment to the Planning Board, they will begin a line by line review of it. Mrs. Goodfellow suggested that a meeting schedule for review be established soon. Mr. Gerling commented that the Planning Board should set a schedule of public workshops, separate from the Town Board and agreed that this schedule should be established as soon as possible. Tom Eagan suggested that when reviewing the amendment, the Board assign certain sections of the amendment to each meeting and limit the meetings in length.
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Agenda for Town Board Meeting September 8, 2008
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
- Town Supervisor/Town Board Update
- Resolution to Authorize Reduction of Sterling Mine Estates Subdivision Performance Bond
- Resolution to Amend Special Sign Permit for Pet Grooming Business on Nolans Way
- Resolution to Authorize Town Counsel to Defend Town in Certiorari Proceedings
- Resolution to Authorize Bid for Pavilion at Powerhouse
- Resolution to Authorize Bid for Amphitheater at Powerhouse
- Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Public Hearing to Receive Public Comment on Draft Comprehensive Plan
Adjournment
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Agenda for Town Planning Board Meeting September 10, 2008
1.0 Call to Order
2.0 Approval of August 12, 2008 Minutes
3.0 Jasmine Imports – Proposed enclosed walkway
979 Route 17
Section 5 Block 4 Lot 17.1
File #P8801-001
4.0 Other Business
5.0 Public Comments
Adjournment
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Town Planning Board Meeting August 12, 2008
The Town of Tuxedo Planning Board met on August 12, 2008 at 7pm.
Board member Susan Goodfellow was absent.
The first item on the agenda was a proposed bond reduction for Sterling Mine Estates. The applicant has completed some of the required work and is requesting that the bond be reduced to $75,000. There was some discussion about the remaining work to be done, specifically the installation of fencing around a retaining pool and landscaping around multiple retaining walls.
The Board voted unanimously in favor of reducing the bond. This decision will be passed on to the Town Board in the form of a positive recommendation for reduction and that Board will make the final decision.
Representing Sterling Place, Lou Heimbach requested a 6-month extension for their proposed approval. Aspects of the project’s water system must be redesigned as the result of a recently settled law suit with the Village of Tuxedo Park over water supply, The he Applicant is working with Village Engineers to create the new design.
The Board voted unanimously in favor of a 6-month extension, which will expire on February 11, 2009.
A representative from Jasmine Imports presented the Board with plans for phase three of their project, which is exterior renovations to the building. There was brief discussion regarding a landscaping application for the same project, which is currently before the Architectural Review Board. Town consultants, H2M, presented the applicant with a letter outlining several potential concerns, namely septic issues and storm water run-off. The Applicant stated that while he was certain that most of these issues could be easily resolved, he was not prepared to discuss them at that time. The Board recommended that the Applicant attend the next Technical Advisory Committee (TAC) meeting before putting themselves on the agenda for next month’s meeting.
Finally, on behalf of K-9 Suites, Cathy Bauman re-presented the Board with site plans, which had been previously approved for the previous owner of the property. The former applicants, Daniel De La Rosa and Garry Accetta, abandoned the project when it was in its final stages of approval and Ms. Bauman would like to complete the renovations as originally planned. Because the plans that were presented had not been updated to reflect the change in ownership, the Board recommended that the Applicant attend the upcoming TAC meeting in an effort to get things in proper order before appearing before them again next month.
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Agenda for Town Planning Board Meeting August 12, 2008
1.0 Call to Order
2.0 Approval of July 8, 2008 Minutes
3.0 Sterling Mine Estates – Proposed Bond Reduction
Section 17 Block 1 Lot 38.2
File #P6709-001
4.0 Sterling Place – 6 Month Extension Proposal Approval
Section 9 Block 1 Lot 5.4
File #P9010-053
5.0 Jasmine Imports – Proposed enclosed walkway
979 Route 17
Section 5 Block 4 Lot 17.1
File #P8801-001
6.0 K. Hovnanian @ Tuxedo – Bond Release Phases II and IV
Various Sections
File #P7901-001
7.0 Other Business
8.0 Public Comments
Adjournment
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Town Planning Board Meeting July 8, 2008
The Town Planning Board met on July 8, 2008 at 7pm.
The meeting began with a brief discussion of the release of bonds for phases 3, 4 & 5 of the Woodlands. As all requirements have been satisfied, the Board voted unanimously in favor of recommending that the Town Board release the bonds.
Representatives from SOS Fuels presented a clean copy of the amended site plan for their proposed removal and replacement of a shed on their property at 10 East Village Road. As all of the Board’s previous concerns had been addressed, they voted unanimously in favor of approval.
Town Planner, Bonnie Franson, informed the Board that a draft version of the Town’s NEW Comprehensive Plan is now available for public review. Copies can be found at the Town Hall with the Town Clerk, or on file at the Library or Village Office. In addition, a copy will be available for download on the Town of Tuxedo Website in the near future.
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Agenda for Town Planning Board July 8, 2008
1.0 Call to Order
2.0 Approval of the June 10, 2008 Minutes
3.0 Jasmine Imports – Proposed enclosed walkway
979 Route 17
Section 5 Block 4 Lot 17.1
File #P8801-001
4.0 K. Hovnanian @ Tuxedo – Bond Release Phases II and IV
Various Sections
File #P7901-001
5.0 SOS Fuels – Richard Spiegel – Remove/Replace Building
11-11-5.1
File #P8609-001
6.0 Other Business
Adjournment
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Town Planning Board Meeting June 10, 2008
The Town of Tuxedo Planning Board met on June 10, 2008 at 7:00pm.
Board members Mary Hansen and Joe Gartiser were not present.
The public hearing for Shaun Neal’s one-lot subdivision on Bradentown Road was closed and dismissed without prejudice as the Applicant is still in arrears.
Representatives from SOS Fuels presented an amended site plan for their proposed removal and replacement of a shed on their property, located at 10 East Village Road.
The amended plan, which was distributed on an 8 + 1/2 x 11 sheet of paper, calls for rotation of the replacement shed in order to provide better fire protection as well as access to storage tanks. In addition, the applicant is now proposing to remove only two sheds from the property as opposed to the three that were originally requested. The applicant inquired as to whether or not the new shed will be classified as an “accessory building” as such a classification will remove the need for a variance. Bonnie Franson, town planner, replied that in order to be classified as an accessory building, the roof of the structure must not exceed 15 feet. The Board requested a clean copy of the amended site plan and referred the applicant to the ARB.
On behalf of the Tuxedo Club, Jake Lindsay presented plans for a new Warming Hut to be installed at the Tuxedo Golf Course near the Paddle Tennis Courts. The proposed new building will replace the current Paddle Hut. Board member Susan Goodfellow expressed concern that her husband’s membership in the Tuxedo Club might cause a conflict of interest with the application and was informed by attorney Tom Eagan that it would not. Several issues including the installation of a well, the septic system and setback distances were discussed. The applicant was granted Conditional Final Approval subject to the receipt of a letter from the Orange County Board of Health regarding the hook up of the septic system.
The Board discussed the release of bonds for phases 3, 4 & 5 of the Woodlands. The Home Owners Association has agreed to take over full ownership and thus maintenance of the roads. The Board voted unanimously in favor of recommending that the Town Board release the bonds, subject to a letter from the Home Owners Association officially stating their position.
Finally, representatives for the Science of the Soul Study Center, to be located adjacent to the Sister Servants of Mary Immaculate property on Sterling Mine Road, presented an amended site plan. As a direct result of conversations with their new neighbors as well as the discovery of some wetland areas this past spring, the applicant is now proposing that the primary structure be turned around and shifted further away from the neighboring properties. The new plan calls for less site disturbance and will not impact the recently discovered wetlands. Board member Susan Goodfellow inquired about the new positioning of the building relevant to some power lines, as exposure to the lines had been an initial concern for the applicant. The applicant responded that the level of EMFs (electric and magnetic fields) coming from these lines has been tested and although the administration building, located behind the main structure, will be affected, the level of exposure will be very low and the benefits of moving the building outweigh this concern. All of the Board members agreed that the new plan is an improvement over the old and the applicant was advised to take it before the TAC for further review.
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Agenda for Town Planning Board Meeting June 10, 2008
1.0 Call to Order
2.0 Approval of May 13, 2008 Minutes
3.0 Shaun Neal – Consideration of Preliminary Approval for 1 lot subdivision
Section 25 Block 1 Lot 15.1
File #P0108-026
4.0 SOS Fuels – Richard Spiegel – Remove/Replace Building
11-11-5.1
File #P8609-001
5.0 Tuxedo Golf Course – Paddle Hut Building
Section 16 Block 1 Lot 5.12
File #P8605-006
6.0 K. Hovnanian @ Tuxedo – Bond Release Phases II and IV
Various Sections
File #P7901-001
7.0 Other Business
8.0 Public Comments
Adjournment
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Town Planning Board Meeting May 13, 2008
The Town of Tuxedo Planning Board met on May 13 2008 at 7:00pm.
Representatives from the N.Y. International Center requested referral to the Zoning Board of Appeals for their project, which is located at 371 Route 17A. The applicant plans to redesign the current structure and create an educational facility, in which they hope to lease classroom space to schools.
Board member Hansen inquired as to how long it would take the applicant to establish themselves as an educational facility, stating that she had spoken with NYU, which has a facility on Long Meadow Road, and been informed that it can take years to get something of this nature up and running. The applicant responded that plans have been in the works for quite some time and as soon as they receive ZBA approval and can move forward with construction, they will also begin recruiting tenants for the space.
The Board voted unanimously in favor of the ZBA referral.
A representative from Tuxedo Reserve requested a 6-month extension for their conditional preliminary approval. The Board voted unanimously in favor of the extension.
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Agenda for Town Planning Board Meeting May 13, 2008
Public Hearing Continued
Shaun Neal – Planning Board Application for 1 lot subdivision on Susan Court
1.0 Call to Order
2.0 Shaun Neal – Consideration of Preliminary Approval for 1 lot subdivision
Section 25 Block 1 Lot 15.1
File #P0108-026
3.0 N.Y. International Center – 371 Route 17A – Referral to the ZBA
Section 1 Block 1 Lot 34.1
File #P8607-017
4.0 Other Business
5.0 Public Comments
Adjournment
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Town Planning Board Meeting April 8, 2008
The Town of Tuxedo Planning Board met on Tuesday, April 8, 2008 at 7pm.
The first Applicant on the agenda was Orange and Rockland Utilities/Columbia Gas Transmission. Regulations require that odorization equipment be installed at various locations along the millennium pipeline throughout the County. This equipment is used to odorize gas that passes through the main so as to enable one to detect leaks in the event they should occur. In the past, this process was performed by the gas providers (in this case Columbia Gas) however, recently, it has been re-delegated to the local level and as a result, Orange and Rockland must ensure that it is done. The Applicant presented the Board with preliminary plans for a 6 x 10 foot shed to be constructed on their property at1583 Long Meadow Road in which to house this equipment. The Board granted the Applicant conditional final approval for the shed based on determination of color (the Board prefers silver to green) as well as the Zoning Board of Appeals’ decision with regard to some plantings on the property.
The next item on the agenda was the Science of the Soul Study Center.
Radha Soami Society Beas has acquired some land from the Sister Servants of Mary Immaculate, located adjacent to their property on Sterling Mine Road, on which they propose to build an education center. This center will be used for weekly meetings as well as group retreats. The Applicant first appeared before the Board in October 2007 with their initial plan. Since that time, the Board completed a site visit which was followed by a workshop with the Applicant. The Applicant informed the Board that improvements to the plan have been made as per suggestions made at the workshop. Wetlands have been discovered near the proposed building area and will be duly noted on the map, however the Applicant does not expect that the proposed project will cause any impact. In addition, a traffic study has been completed as requested and the necessary fire inspections have been completed. Parking issues were briefly discussed. Rough sketches of the Main Hall, showing basic architectural design as well as materials were presented. The Board was generally pleased with the design, although they suggested the applicant consider constructing the base of the building with stone rather than brick so as to match the buildings on the Sister’s property. Board Member Mary Hanson inquired as to whether or not the neighbors have been contacted by the Applicant and informed of the plans. The Applicant responded that they have not yet informed the neighbors as they were waiting for Board directive to do so. The Board agreed to issue a Notice of Intent to become a lead agency for the project, but requested that the Applicant meet with the neighbors to officially inform them about the project.
Item number three on the agenda was Tuxedo Ridge. The Applicant expressed their desire to introduce activities, which would allow them to keep the business operating year round. One such activity, which is allowed under their Special Use Permit, is Paint Ball. Because the proposed activity would not require any physical changes to the property, a site plan was not presented. Issues of safety, noise level, parking, lighting and wild life disturbance were discussed. The Applicant has agreed to a trial period beginning on May 3, 2008 and ending on November 30, 2008. The proposed hours of operation are 9am-10pm. The Applicant assured the Board that safety is their first priority and that they will follow strict insurance guidelines and make sure that all staff has the proper training. The Board granted the applicant conditional final approval for the project subject to the receipt of a letter of consent from the property owner.
Finally, representatives from Tuxedo Reserve presented plans for a Greeting Center, to be constructed adjacent to Rt. 17 off of Quail Road, which is part of phase one of the Tuxedo Reserve Development, Northridge. Andrew Danse of Tuxedo Reserve began the presentation by presenting the Board with a check for $32,000, a portion of the debt owed to the town by the Applicant. Board member Mary Hanson expressed her concern that the entire debt has not yet been paid and suggested that the Applicant should not be allowed to make their presentation. However, Board Chairman Nils Gerling insisted that the issue of payment was one for the Town Board rather than the Planning Board and that the Applicant would be allowed to proceed. He indicated that discussions between the Town and the Applicant regarding payment are ongoing and that the $32,000 was an acceptable amount.
The Applicant then presented preliminary sketches of the proposed Greeting Center, which will be a fairly large, two-story building with a stone base. A stone wall will run along the base of the property adjacent to Route 17. A tree-lined walkway will run between the parking lot and the entrance to the Greeting center. Between the walkway and the stone wall, the Applicant proposes to create a “rain garden”. As the current terrain consists of rocks and trees, the Applicant plans to excavate to a deeper depth in this area and because drainage is a major issue, they have enlisted the help of soil scientists to help them find a soil that will support plant life but allow maximum absorption. The Applicant expressed the importance of using neutral colors and natural materials, such as stone, in constructing the building so that it will remain in keeping with the architecture of the region and the character of the area.
In order to proceed with the proposed plan, the Applicant will need two variances from the Zoning Board of Appeals. The first of these relates to the proposed stone wall, which will reach a maximum height of 11.5 ft. Since this exceeds the height limitations as specified by the Town Code, a variance is required. The second requested variance is with regard to the size of proposed parking spaces. The Town Code requires these spaces to be 10 x 20 feet, however, Tuxedo Reserve is seeking spaces that are 9 x 10 feet. The Applicant requested a referral from the Planning Board to the Zoning Board of Appeals in order to acquire these variances.
There was some additional discussion with regard to drainage on the proposed site. Town Consultants H2M questioned the safety of a large swale located to the north east of Quail Road and across the street from the proposed Greeting Center. Large amounts of rain and run-off water will collect in this basin before flowing under Rt. 17 and into the Ramapo River. Concerns about people being washed away or trapped and pinned were expressed. Installation of a fence to keep people out of the area was suggested.
The Board voted 4-1 in favor of referring the Applicant to the Board of Zoning Appeals, with Mary Hanson voting against the referral.
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Agenda for Town Planning Board Meeting, Tuesday April 8, 2008
Call to Order
Approval of the March 11, 2008 Minutes
1.0 Shaun Neal – Consideration of Preliminary Approval for 1 lot subdivision
Section 25 Block 1 Lot 15.1 File #P0108-026
2.0 Orange & Rockland Utilities-Columbia Gas Transmission – ZBA Decision
Addition of Odorization Equipment – 1583 Long Meadow Road
Section 1 Block 1 Lot 32
File #P9006-037
3.0 Science of the Soul Study Center – Circulation for Lead Agency
Sister Servants of Mary Immaculate Property
Section 17 Block 1 Lot 17
File #P9110-077
4.0 Tuxedo Ridge (Ski Center) – ZBA Decision – Paint Ball
Section 1 Block 1 Lot 52
File #P7104-001
5.0 Tuxedo Reserve – Greeting Center
Section 14 Block 1 Lot 34
File #P0506-002
Other Business
Adjournment
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Notes on the Town of Tuxedo Planning Board meeting of March 11, 2008
The following came before the board:
- Shaun Neal requested Preliminary Approval for a one-lot subdivision on Bradentown Road. The Site Plan as submitted was inaccurate and did not properly show the location of a well relative to the septic system. They were asked to correct the plan and return to the next TAC meeting.
- David Maikisch requested a filling and grading permit for 54 Woods Road in Clinton Woods. The permit application was granted.
- Sterling Forest LLC representative, Lou Heimbach, requested a six month extension of the Sterling Place permit. Sterling Place is a proposed 63 house development at the corner of Route 17 and Warwick Brook Road. The extension is necessary because a legal action is pending with the Village of Tuxedo Park. The appeal filed by the Village of Tuxedo Park was heard by the Appellate Division of the Supreme Court on Friday February 22 and Mr. Heimbach expects a decision this spring.
- Latini Management Corp. appeared seeking final approval for the conversion of the Duck Cedar Inn to a multi-use facility that will include retail and light manufacturing. Final approval was granted. The retail space will include a bagel store, a fine gift shop and a pizzaria.
- New York International Center at 371 Route 17A sought referral to the ZBA for a decision on whether or not the proposed dual use of their property is allowed. The property, renovated by a Korean religious organization, has received permission to create a religious center but, due to low attendance at services conducted in Korean, they wish to also use the facility as a University Extension. Because the application was incomplete the board asked that it be corrected and did not refer them to the ZBA.
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Agenda for Town Planning Board Meeting March 11, 2008
AGENDA
TOWN OF TUXEDO PLANNING BOARD
Tuxedo Town Hall
Tuesday March 11, 2008 – 7:00 pm
Public Hearing
David Maikisch – Filling & Grading Permit – 54 Woods Road
Public Hearing Continued
Shaun Neal – Planning Board Application for 1 lot subdivision on Susan Court
Call to Order
Approval of the January 8, 2008 Minutes
1.0 Shaun Neal – Consideration of Preliminary Approval for 1 lot subdivision
Section 25 Block 1 Lot 15.1 File #P0108-026
2.0 David Maikisch – Filling & Grading Permit Application for 54 Woods Road
Section 3 Block 3 Lot 19 File #P6312-001
3.0 Sterling Forest LLC – Sterling Place – 6 Month Extension
Section 9 Block 1 Lot 5.4 File #P9010-053
4.0 Latini Management Corp. Final Approval – Change of Use
Section 9 Block 1 Lot 7 File #P8607-015
5.0 N.Y. International Center – 371 Route 17A – Referral to the ZBA
Section 1 Block 1 Lot 34.1 File #P8607-017
6.0 Tuxedo Reserve – Greeting Center
Section 14 Block 1 Lot 34 File #P0506-002
Other Business
Adjournment
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