At Councilwoman Siegel’s request, Supervisor Lachterman opened the meeting with an explanation of why the Solar Law and Navajo Fields items were not on the agenda.
Solar Law. Still pending is a Board vote on whether or not to ban large scale ground mounted solar installations from residential zones. The supervisor explained that the Board is still considering three options: whether to approve the ban; support a ban that grandfathers in two pending projects, or reject the ban law and draft a new law regulating solar installations based on certain criteria. He said he expected an update at the Board’s next meeting which will be September 2. (Note: There have been no official Board discussions on the issue since the hearing closed on May 20.)
Navajo Fields. The supervisor said that he has given the applicant more time to review recent comments from the NYS DOT and town advisory groups. He anticipated a decision would be forthcoming at the September 2 meeting. The latest comments are online https://www.yorktownny.gov/townclerk/creative-living-3000-navajo-street-hidden-valley-rezone-application
Grants. The town’s outside grant writer gave an update on grants applied for, denied and received in 2024, and 2025 applications that have been submitted, or are in the progress of being drafted or considered. Referring to the application for the new community center building, which will be submitted by the end of the week, Councilwoman Siegel questioned how the town had documented the need for the new building and how it would be used. And although she said she had been told that the proposed building behind Beaveridge was no longer being considered, the grant writer said the plans for that building were the plans that would be included in the application. Ms. Siegel asked why the town wasn’t considering using the grant to seek funds to upgrade the existing community center building on Commerce Street.
Ms. Siegel also asked for more information about applications that had already been submitted for Downing Park, Sparkle Lake and the Hallocks Mill sewer project, noting that all Board members should be kept informed about grant applications that are being considered and before they are submitted.
For federal funds requested through our senators and congressman, the grant writer explained the difference between an “authorization” and an “appropriation”; the former are meaningless unless included in actual appropriation bills approve by both houses and signed into law by the president.
Cash for Cans. This is a proposed new use for the building on Route 202 that formerly housed Quality Lawnmower. The business accepts bottles and cans with 5 cent deposits, stores them in large plastic bags which are picked up, roughly once a week, by a tractor trailer truck. Planning Director Tegeder explained that a provision needs to be added to the Zoning Code to allow this use; the new provision would require the business to receive site plan approval from the Planning Board.
Board members had no issue with the use but expressed concern about how trailer trucks would access and leave the site and urged the business owner to work out the details with the Planning Department.
3850 Foothill Street rezoning. The applicant made a detailed and lengthy presentation to support the rezoning request which would allow 20 multi-family units (rental townhouses) instead of the seven single family homes on one acre permitted by the current zoning. (Note: The presentation can be viewed on the video link below.)
Agreeing with the applicant about the benefits of multi-family housing and acknowledging her long support for multi-family housing, Councilwoman Siegel said she did not believe this parcel was appropriate for multi-family housing. And in response to her question, the applicant acknowledged that one reason for the rezoning request was the applicant’s own statement at a prior meeting that he could not sell single family houses across the street from the Foothill solar installation
The Board voted to refer out the request.
3766 Foothill Street. The application for a stormwater permit (SWPPP) for a single family house was not discussed as the applicant was not present.
436 East Main Street. At issue was a stormwater permit (SWPPP) and tree permit on a lot to construct a single family house that would replace the remnants of the house that no longer exists. The key issue was how stormwater from the site would sheet flow onto Wood Street. The applicant’s engineer said that the stormwater plan would collect the water on site and have a controlled release to Wood Street. He explained that the plan called for reducing the current volume of runoff from the site. The plan was referred out for comment,
3666 Old Yorktown Road (RIC Battery Storage). On a referral from the Zoning Board, Town Attorney Rodriguez explained that the applicant has applied to the ZBA for a use variance that would override the town’s recently approved ban on BESS installations. The attorney explained that while granting use variances is very rare, the applicant is claiming that his application should be considered under a “public utility standard” that has a much lower threshold for approval. (The ZBA would have to agree that the applicant meets the definition of a public utility.) If the ZBA approves the variance, the application would be considered by the Planning Board under the provisions of the Zoning Code that governed the already installed BESS facilities.
Supervisor Lachterman said he opposed the use variance, citing both the Board’s recent vote to ban BESS and comments made by a BESS expert and supporter at a recent Westchester Planning Federation meeting about how smoke from a potential fire could create problems for drivers on the Taconic Parkway. Councilwoman Siegel, who voted against the ban, agreed that the location was not an appropriate one. The Board will approve a memo opposing the application at its September 2 meeting. (See also the August 11 Planning Board meeting.)
The ZBA hearing is scheduled for September 11.
Paving. The Board transferred $272,760 from its fund balance to the Highway Department to cover the cost of paving Downing Park, London Road Park, and the town owned commuter lots located at the Yorktown Height School.
Recreation Fee. In an item not on the agenda, Councilwoman Siegel read a statement dealing with why her proposed resolution to create a committee to explore changes in the recreation fee that residential developers have to pay was not included on the agenda. She explained that her suggestion was a result of the Board’s failure to address the issue for over a year.
In response, Board members defended what they said they had/are doing to address the issue and accused Ms. Siegel of not working collaboratively with her colleagues and of trying to “take over” the issue. Supervisor Lachterman implied that the results of ongoing meetings would be made known soon and Ms. Siegel said she looked forward to learning about that progress at the September 2 meeting.
A video of the meeting is available at yorktownny.granicus.com/MediaPlayer.php?view_id=1&clip_id=1991