Underhill Farms. Most of the discussion focused on how the provisions in two easements involving the town, an open space easement that will allow the public to access the privately owned pond area on the site, and a utility easement that will allow town staff to enter private property to repair water and sewer lines, would be honored when the parcel is subdivided into two parcels: one containing the rental mixed use building and Underhill Mansion, and the other, a homeowner’s association (HOA) representing the owners of the condo units and townhouses. The area around the pond would be owned by the HOA.
As explained by the developer’s attorney, the plan calls for the creation of a Property Owners Association (POA), with equal representation from the HOA and the owner of the commercial property. Both owners would pay dues to the POA which would be responsible for maintenance services on the entire site, e.g., landscaping and snow plowing, as well as honoring all conditions of the site plan and the easements. For example, the open space easement details the hours the pond area will be open to the public and when access can be restricted.
The attorney also advised the Board that the Town Board, which will have to sign to easements, would likely discuss the easement and POA issue at its meeting the following day, (Note: On January 6, Supervisor Lachterman signed the easements without any prior Town Board discussion or vote.)
While the legal issues surrounding the planned subdivision and the creation of the POA is being reviewed, the Planning Board will take up the three amendments to the site plan: relocation of two townhouse units, substituting an underground culvert for a wooden bridge across the trail surround the pond, and the relocation of some parking units.
Par 3 (Valley Fields). Improvements and upgrades at the site remain a work in progress with more information needed on the parking that is needed and required by Town Code, the need for a lighting plan, and a better understanding of possible future events at the site that will increase parking needs. The owner is proceeding with plans to sewer the property. The owner was advised to prepare a business plan that addressed those issues and which could be reviewed by the Board at a future meeting.
Regarding parking, Councilman Esposito, the Town Board’s liaison to the Planning Board, advised the Board that the fire commissioners had determined that access to the site from Route 6 was adequate, but that the owner should consider eliminating a few spaces at the entrance to the site. The owner had no response to the question of whether it was possible to address the parking issue by establishing a shuttle bus service from the JV Mall.
Foothill rezoning. On a referral from the Town Board, the Board reviewed the request to rezone a 16.8 acre parcel from R1-40 (single family on one acre) with a possible seven lots to R-3, multi family with 20 townhouse units . The townhouse units would be 2-bedroom rentals and would hook up to a nearby sewer line in Cortlandt. The single family houses would be on septic. At a previous meeting, the applicant explained that because the parcel is located across the road from the Foothill Solar Farm, it is no longer marketable for single family houses.
The applicant presented a detailed comparison of how the site would be developed under both scenarios including the amount of land that would be disturbed and retained as open space. The Board requested more information from the applicant and will also make a site visit before making any recommendation to the Town Board. The Board did, however, seem inclined to favor the multi family plan.
A video of the meeting is available at https://yorktownny.granicus.com/MediaPlayer.php?view_id=2&clip_id=1905