HomeMy WebLinkAboutRes #23-13 - Underhill Farms Site Plan ApprovalRichard Fon
Planning Board Chairman
TOWN OF YORKTOWN
PLANNING DEPARTMENT
John A. Tegeder, R.A.
Director of Planning
Albert A. Capellini Community and Cultural Center, 1974 Commerce Street, Yorktown Heights, NY 10598, Phone 914-962-6565, Fax 914-962-3986
PLANNING BOARD
RESOLUTION ROUTING TRANSMITTAL
DATE: July 27, 2023
TO: [X]
File
[X]
Applicant (via e-mail)
[X]
Town Clerk (via e-mail and hard copy)
[X]
Building Inspector (via e-mail)
[X]
Town Engineer (via e-mail)
[X]
Fire Inspector (via e-mail)
[X]
Highway Superintendent (via e-mail)
[X]
Water Department (via e-mail)
[X]
Town Assessor (via e-mail)
FROM: Planning Department
SUBJECT: Underhill Farms
RESOLUTION: #23-13
SBL: 370 Underhill Avenue; 48.06-1-30
Attached please find a copy of Planning Board Resolution #23-13 approving site plan, special use permit,
stormwater pollution prevention plan, and tree permit for the Underhill Farms site plan dated July 17, 2023.
Thank you,
John A. Tegeder, R.A.
Director of Planning
/nc
Attachment
,rompond / Croton Heights / Huntersville / Jefferson Valley / Kitchawan / Mohegan Lake / Shrub Oak / Sparkle Lake / Teatown / Yorktown / Yorktown Heights
TI -IIS IS TO CETFIFY that the attached copy is a true and correct copy of the Town of Yorktown planning Board Resolution:
PLANNING BOARD
TOWN OF YORKTOWN
RESOLUTION APPROVING
SITE PLAN, SPECIAL USE PERMIT, STORMWATER POLLUTION
PREVENTION PLAN, AND TREE PERMIT FOR THE
UNDERHILL FARMS SITE PLAN
DATE OF RESOLUTION: JULY 17, 2023
HEREBY signed by the secretary of the Planning Board:
William LaScala, Secretary
Date
PLANNING BOARD
TOWN OF YORKTOWN
RESOLUTION APPROVING
SITE PLAN, SPECIAL USE PERMIT, STORMWATER POLLUTION
PREVENTION PLAN, AND TREE PERMIT FOR THE
UNDERHILL FARMS SITE PLAN
RESOLUTION NUMBER: #23-13
DATE: JULY 17, 2023
On motion of Robert Garrigan, seconded by William LaScala, and unanimously voted in favor
by LaScala, Bock, Phelan, Garrigan, and Waterhouse, the following resolution was adopted:
WHEREAS, in accordance with the Planning Board's Land Development Regulations, Town
of Yorktown Town Code Chapter 195, adopted February 4, 1969 and as amended, a formal
application for the approval of a site plan titled "Multi -Use Development known at Underhill
Farms," prepared by Site Design Consultants, dated June 22, 2020, and last revised May 8,
2023 was submitted to the Planning Board on behalf of Unicorn Contracting Corp.
(hereinafter referred to as the "Applicant"); and
WHEREAS, the property owned by Underhill Soundview, LLC is located at 370 Underhill
Avenue, also known as Section 48.06, Block 1, Lot 30 on the Town of Yorktown Tax Map
(hereinafter referred to as the "Project Site"); and
WHEREAS, the Applicant proposes to construct a mixed-use development consisting of 80
condominium units including: 48 townhouses, a 32 -unit 55+ senior restricted condominium
building, and a mixed-use building consisting of 68 apartments and 15,600 square feet of
retail/office space that includes 8,100 square foot of new retail space in addition to the reuse
of the existing main building. The development will preserve the existing historic main
structure incorporating it into the development. All accessory structures are proposed to be
removed. The project includes stormwater improvements, wetland mitigation, tree removal
and mitigation, parking, and recreational amenities (hereinafter collectively referred to as the
"Proposed Project"); and
WHEREAS, on February 22, 2022, the Town Board adopted a resolution granting the
Underhill Soundview, LLC's request for authorization to apply the standards pursuant to
Town Code Chapter 300, Article XXXI, Section 300-250 through Section 300-255 Yorktown
Heights Planned Design District Overlay Zone (the "Overlay Zone") to the Proposed Project
on the Property Site provided the Applicant obtain site plan approval from the Planning
Board, and compliance with all applicable laws, including but not limited to the SEQRA; and
WHEREAS, pursuant to SEQRA:
1. The action has been identified as a Type 1 action because the Commissioner of the
Underhill Farms
Site Plan Approval
Resolution #23-13
Page 2of13
New York State Office of Parks, Recreation, and Historic Preservation has determined
the Property is eligible for listing on the State and National Register of Historic Places
on May 26, 2021.
2. The Planning Board declared Lead Agency on July 17, 2023.
3. A negative declaration has been adopted on July 17, 2023 on the basis of a Full EAF
Part 1 dated August 24, 2022 and an Expanded EAF Part 3 dated May 8, 2023 that
included the following sections:
Introduction
1.0 Land Use, Zoning and Public Policy
2.0 Views Analysis
3.0 Wetlands
4.0 Trees
5.0 Cultural Resources
6.0 Fiscal & Socio -Economic Analysis
7.0 Traffic
8.0 Parking
9.0 Recreation
10.0 Stormwater
11.0 Utilities
12.0 Green Infrastructure
13.0 Alternatives
Appendix A Land Use
Appendix B Wetlands
Appendix C Cultural Resources
Appendix D Utilities
Appendix E Traffic
WHEREAS, the applicant has submitted as part of his application the following maps and
documents (hereinafter referred to as the "Required Documents"):
Tree
1. A survey, Sheet 1 of 2, titled "Tree Survey prepared for Unicorn Soundview, LLC,"
prepared by Site Design Consultants, dated November 5, 2020, and last revised
November 12, 2020; and
Site Plans
2. A cover sheet, titled "Multi -Use Development known as Underhill Farms," prepared
by Site Design Consultants, dated June 22, 2020, and last revised May 8, 2023; and
3. A drawing, Sheet C-101, titled "Zoning Data," prepared by Site Design Consultants,
dated June 22, 2020, and last revised May 8, 2023; and
4. A drawing, Sheet C-102, titled "Site Plan," prepared by Site Design Consultants, dated
j-
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Site Plan Approval
Resolution #23-13
Page 3 of 13
June 22, 2020, and last revised May 8, 2023; and
5. A drawing, Sheet C-103, titled "Existing Conditions," prepared by Site Design
Consultants, dated June 22, 2020, and last revised May 8, 2023; and
6. A drawing, Sheet C-104, tided "Erosion & Sediment Control Plan," prepared by Site
Design Consultants, dated June 22, 2020, and last revised May 8, 2023; and
7. A drawing, Sheet C-105, titled "Improvement Plan," prepared by Site Design
Consultants, dated June 22, 2020, and last revised May 8, 2023; and
8. A drawing, Sheet C-106, tided "Open Space and Recreation," prepared by Site Design
Consultants, dated June 22, 2020, and last revised May 8, 2023; and
9. A drawing, Sheet C-301, titled "Roadway Profiles," prepared by Site Design
Consultants, dated June 22, 2020, and last revised May 8, 2023; and
10. A drawing, Sheet C-302, tided "Glenrock Drainage & Drainage Profiles," prepared by
Site Design Consultants, dated June 22, 2020, and last revised May 8, 2023; and
11. A drawing, Sheet C-303, tided "Drainage Profiles," prepared by Site Design
Consultants, dated June 22, 2020, and last revised May 8, 2023; and
12. A drawing, Sheet G-1, titled "Project Notes," prepared by Site Design Consultants,
dated June 22, 2020, and last revised May 8, 2023; and
13. A drawing, Sheet C-501, titled "Erosion & Sediment Control Details," prepared by Site
Design Consultants, dated June 22, 2020, and last revised May 8, 2023; and
14. A drawing, Sheet C-502, tided "Site Improvement Details," prepared by Site Design
Consultants, dated June 22, 2020, and last revised May 8, 2023; and
15. A drawing, Sheet C-503, tided "Storm Drainage Details," prepared by Site Design
Consultants, dated June 22, 2020, and last revised May 8, 2023; and
16. A drawing, Sheet C-504, titled "Stormwater Management Details," prepared by Site
Design Consultants, dated June 22, 2020, and last revised May 8, 2023; and
17. A drawing, Sheet C-505, titled "Watermain & Sewermain Details," prepared by Site
Design Consultants, dated June 22, 2020, and last revised May 8, 2023; and
18. A drawing, Sheet SLP -1, titled "Preliminary Subdivision Plan," prepared by Blades &
Goven Landscape Architects, and dated March 31, 2023; and
Landscape Plan
19. A drawing, Sheet LP -1, titled "Landscape Plan," prepared by Blades & Goven
Landscape Architects, and dated May 8, 2023; and
20. A report, titled "Landscape Maintenance Program and Schedule," prepared by Blades
& Goven Landscape Architects, and dated April 12, 2023; and
Lighting Plan
21. A drawing, tided "Underhill Farm," prepared by Andrew Gross, LC, and dated April
26, 2023; and
Architectural Elevations
22. A drawing, Sheet A.04, titled "Apartment Building Elevation," prepared by Lessard
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Site Plan Approval
Resolution #23-13
Page 4 of 13
Design Inc. P.C., and dated December 28, 2022; and
23. A drawing, Sheet A.05, titled "Apartment Building Elevation," prepared by Lessard
Design Inc. P.C., and dated December 28, 2022; and
24. A drawing, Sheet A.06, titled "Apartment Building Elevation," prepared by Lessard
Design Inc. P.C., and dated December 28, 2022; and
25. A drawing, Sheet A.15, titled "Condo Building Elevation," prepared by Lessard Design
Inc. P.C., and dated February 9, 2021; and
26. A drawing, Sheet A.20, titled "Townhomes Front Elevations," prepared by Lessard
Design Inc. P.C., and dated October 11, 2022; and
27. A drawing, Sheet A.20.1, titled "Townhomes Rear & Side Elevations," prepared by
Lessard Design Inc. P.C., and dated October 11, 2022; and
Intersection Improvement Plans
28. A drawing, Sheet 1 of 3, titled "Pedestrian RRFB Accommodation Plan," prepared by
Maser Consulting (will be known as Colliers Engineering & Design in 2021), dated
January 5, 2021, and last revised December 5, 2022; and
29. A drawing, Sheet 2 of 3, titled "Details," prepared by Maser Consulting (will be known
as Colliers Engineering & Design in 2021), and dated January 5, 2021; and
30. A drawing, Sheet 3 of 3, titled "Pedestrian Accommodation Plan," prepared by Maser
Consulting (will be known as Colliers Engineering & Design in 2021), and dated
January 5, 2021; and
31. A drawing, Sheet 1 of 2, titled "Future Intersection Improvement Plan Alternate 1,"
prepared by Maser Consulting (will be known as Colliers Engineering & Design in
2021), dated January 5, 2021, and last revised April 11, 2023; and
32. A drawing, Sheet 2 of 2, titled "Future Intersection Improvement Plan Alternate 2,"
prepared by Maser Consulting (will be known as Colliers Engineering & Design in
2021), dated January 5, 2021, and last revised April 11, 2023; and
33. A report, titled "Traffic Impact Study," prepared by Colliers Engineering & Design,
dated April 11, 2022, and last revised April 20, 2023; and
Wetland Mitigation
34. A drawing, titled "Wetland Mitigation Plan Underhill Farms," prepared by Tim Miller
Associates, Inc., dated May 1, 2023; and
Tree Removal
35. A survey, Sheet 1 of 2, titled "Tree Survey prepared for Unicorn Soundview, LLC,"
prepared by Badey & Watson Surveying & Engineering, P.C., dated November 5, 2020,
and last revised November 12, 2020; and
36. A drawing, Sheet 1 of 5, titled "Existing Trees to be Removed," prepared by Tim Miller
Associates, Inc; and
37. A drawing, Sheet 2 of 5, titled "Existing Trees to Remain," prepared by Tim Miller
Associates, Inc; and
38. A drawing, Sheet 3 of 5, titled "New Trees to be Planted," prepared by Tim Miller
Underhill Farms
Site Plan Approval
Resolution #23-13
Page 5of13
Associates, Inc; and
39. A drawing, Sheet 4 of 5, titled "Composite Plan: Trees to be Removed, Preserved, and
Planted," prepared by Tim Miller Associates, Inc; and
40. A drawing, Sheet 5 of 5, "Table of Identified Trees," prepared by Tim Miller
Associates, Inc; and
Historical
41. A report, titled "Phase 1A Literature Search and Sensitivity Assessment & Phase 1B
Archaeological Field Reconnaissance Survey Soundview-Underhill Farm Project,"
prepared by Hudson Valley Cultural Resource Consultants, Ltd., dated February 2021;
and
42. A report, titled "Historic Building Assessment Soundview-Underhill Farm Project,"
prepared by Hudson Valley Cultural Resource Consultants, Ltd., dated February 2021;
and
43. A report, titled "Alternatives Analysis Floral Villa Soundview-Underhill Farm Project,"
prepared by Hudson Valley Cultural Resource Consultants, Ltd., dated July 2021; and
WHEREAS, pursuant to Town Code Chapter 270: Trees, in order to preserve Yorktown's
forested environment, the Planning Board shall issue a tree permit in connection with all site
plan approvals for which trees will be removed; and
WHEREAS, the Applicant has submitted the drawings listed herein under Required
Documents, subheading Tree Removal, as well as a Tree Analysis prepared by Tim Miller
Associates as part of the Expanded EAF Par 3, as more specifically identified in the list of
Required Documents, to determine the mitigation required; and
WHEREAS, the Tree Removal Plans and Tree Analysis were reviewed by the Town's
Environmental Consultant to ensure compliance with Chapter 270 of the Yorktown Code in
their memo dated May 18, 2023; and
WHEREAS, the Application proposes mitigation in the form of plantings, which will include
installation of at least 336 trees as well as additional shrubs and flowering perennial plants,
herbaceous plants and seed mixes, as shown on the landscape plans, Sheets LP -1 and LP -2, as
more specifically identified in the list of Required Documents; and
WHEREAS, pursuant to Town Code Chapter 178: Freshwater Wetlands, the Planning Board
is authorized to issue wetlands permits for regulated activities within wetlands or wetland
buffer areas, consistent with the standards set forth in the Town Code; and
WHEREAS, there are three delineated wetlands on the Project Site noted as Wetland A,
Wetland B, and Wetland C totaling 17,830 square feet and shown on the Sheet C-103 Existing
Conditions Plan, as more specifically identified in the list of Required Documents;
Underhill Farms Resolution #23-13
Site Plan Approval Page 6 of 13
WHEREAS, the Proposed Action will cause direct impact to Wetland A (10,035 square feet)
and will result in the loss of 520 square feet or the watercourse corridor due to construction
of several townhouse units and the construction of a road crossing of the corridor; and
WHEREAS, Wetland B (2,065 square feet) and Wetland C (5,730 square feet) are proposed
to be filled to construct several townhouse units and associated grading; and
WHEREAS, the Applicant has submitted a preliminary stormwater design as more
specifically identified in the list of Required Documents, and a Full Stormwater Pollution
Prevention Plan will be developed that is in compliance with Town Code Chapter 248
Stormwater Management, NYC DEP, and NYS DEC SPDES General permit for Stormwater
Discharges from Construction Activity, GP -0-20-001; and
WHEREAS, pursuant to the Overlay Zone, the Proposed Project requirement for off-street
parking may be guided by the requirements of the R-3 zone for the multi -family residential
components of the development therefore 1.5 parking spaces are required for all 148 units in
the Proposed Project, however due to the design of the project and the townhome units being
along one side of the site without additional designated visitors spaces, the Planning Board
has required these units provide 2 parking spaces, for each of the 48 townhome units; and
WHEREAS, the parking requirements for the commercial components of the Proposed
Project are determined by Town Code Section 300-182(3),(4), and (5) according to the uses
proposed; and
WHEREAS, therefore the applicant must provide the following off-street parking spaces for
the proposed uses:
Use
Units/Sq Ft
Requirement
Required
Townhomes
48 units
2 spaces/unit
96 spaces
Condominium Bldg
32 units
1.5 spaces/unit
48 spaces
Apartments
68 units
1.5 spaces/unit
102 spaces
Mixed -Use Comm.
8,000 sq ft
4 spaces/1,000 sq ft
33 spaces
Mansion Re -use
5,500 sq ft comm.
4 spaces/1,000 sq ft
22 spaces
1,500 sq ft patron
1 space/50 sq ft patron
30 spaces
500 sq ft prep
1 space/ 100 sq ft prep
5 spaces
thereby requiring a total of 336 parking spaces be provided on the site; and
WHEREAS, the applicant has provided the following off-street parking spaces for the
proposed uses:
Use Provided Additional Provided
Townhomes 96 garage spaces 96 driveway spaces
Underhill Farms
Site Plan Approval
Condominium Bldg
Apartments
Mixed -Use Comm.
Mansion Re -use
36 inside spaces
12 outside spaces
61 inside spaces
41 outside spaces
33 spaces
49 spaces
328 spaces
15 tandem spaces
111 additional spaces
thereby providing a total of 328 parking spaces on the site; and
Resolution #23-13
Page 7of13
WHEREAS, the Applicant has agreed to share 30 parking spaces adjacent to the Beaver Ridge
Apartments property to be used by those visiting a new proposed Senior Center and Town
Recreation Department office to be built on the Beaver Ridge property; and
WHEREAS, pursuant to Town Code Chapter 200 Lighting, the Applicant has submitted a
Lighting Plan, more specifically identified in the list of Required Documents, that complies
with the standards set forth in the Town Code where all the proposed light poles within the
Project Site are period style fixtures the Town has used in the Yorktown Heights streetscape
projects and recommended for the Proposed Project, and said light poles will be 12 feet in
height, where 16 feet is the maximum height allowed; and
WHEREAS, the Planning Board has discussed and considered all substantive issues identified
during review of this Application and the preceding SEQRA process, including all
commentary and correspondence from all involved and interested agencies as well as members
of the public; and
WHEREAS, the Planning Board has referred this application to the following boards and
agencies and has received and considered reports of the following:
Boards & Agencies
ABACA
Community Housing Board
Conservation Board
Fire Inspector
Heritage Preservation Commission
Planning Department
Report Date
03/27/23,04/24/23,06/21/23
06/13/22,03/27/23,06/08/23
06/13/22,03/09/23,06/08/23
07/17/23
05/26/22,06/14/22,06/30/22,07/06/22,
07/08/22,07/15/22,07/22/22,07/27/22,
08/12/22,08/15/22,08/23/22,09/08/22,
09/15/22,02/06/23,02/08/23,02/20/23,
03/24/23,04/24/23,04/26/23,06/08/23,
06/19/23,06/28/23,07/10/23,07/17/23
07/08/22
Tree Conservation Advisory Commission 05/31/22
NYC DEP 05/25/22,06/08/23
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Site Plan Approval
NYS DEC
NYS DEC OPRHP
NYS DOT
Westchester County Planning Board
Town On -Call Consultants
Environmental Consultant
Historical Consultant
Traffic Consultant
05/24/23
03/21/22
05/26/22
05/03/22,06/22/23
Firm
Barton & Loguidice
Historical Perspectives, Inc
Transpo Group
Resolution #23-13
Page 8of13
Report Date
03/24/23,05/18/23
04/12/23,07/14/23
03/23,03/21/23,04/11/23
WHEREAS, a Public Informational Hearing was held in accordance with §195-39(B)(1) of
the Yorktown Town Code on the said application at the Town Hall in Yorktown Heights,
New York on June 13, 2022; and
WHEREAS, the Planning Board held additional work session meetings to review the
Underhill Farms project at the Town Hall in Yorktown Heights, New York on March 8, 2023,
April 12, 2023, and May 3, 2023; and
WHEREAS, having reviewed all current site plans, building plans, environmental plans and
reports, comments and reports from Town professional staff, the public, and other interested
and involved agencies associated with the application before it; and having conducted a public
hearing held in accordance with §195-39(B)(2) of the Yorktown Town Code on the said site
plan application commencing on and closing on June 8, 2023 at Albert A. Capellini
Community & Cultural Center, located at 1974 Commerce Street in Yorktown Heights, New
York; and
NOW, THEREFORE, BE IT HEREBY:
RESOLVED, that the requirements of Yorktown Code Chapters 195 (Land Development),
Chapters 178 (Wetlands), 248 (Stormwater) 270 (Trees) and 300 (Zoning) have been met and
the Board finds that the Proposed Project is consistent with the goals and policies stated
therein and as analyzed in the adopted Negative Declaration for the Proposed Project; and
RESOLVED, that this Application, is APPROVED subject to the requirements of Chapters
178, 195, 248, 270, and 300 of the Town Code, as the same may be amended from time to
time, and subject to the conditions listed herein below; and
RESOLVED, the Planning Board has determined a waiver of 8 parking spaces is in the public
interest and necessary in order to foster high quality development and redevelopment, and is
in compliance with the general purposes of Town Code Chapter 300 and will ensure
compatibility with uses on adjoining properties since shared parking spaces are encouraged to
reduce unnecessary underutilized parking spaces, because there is public parking close to the
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Site Plan Approval
Resolution #23-13
Page 9 of 13
site, and due to variance in the time of maximum use of differing uses on the site; and
RESOLVED, the Planning Board grants a waiver to allow parking in the front yards due to
the special circumstances at the site, including that there is a pre-existing parking lot in the
front yard along Route 118 where the new lot is proposed, that parking in front of the mansion
has been minimized to 6 spaces, that this parking will be convenient for the users of the
existing main mansion and the public visiting the site, and because the Board has required
measures to screen both parking areas from this view from outside the site; and
RESOLVED, pursuant to Section 300-255(F)(1)(d), the Planning Board may approve
approve an increase in the maximum height of the buildings up to 52 ft and a maximum of
four stories, provided the Project Site is a minimum of 10 acres and the Board approves this
increase to encourage flexibility of design and excellent architecture; and
RESOLVED, that the Board be and hereby is authorized to endorse the Site Plan Documents
pursuant to the requirements of Section 195-39(C) of the Yorktown Code ("Endorsement")
upon modification of the Site Plan Documents to show:
1. Remove the "4 SPACES" label in front of the existing main building.
2. Revise the Parking Schedule on Sheet C-101 Zoning Data to the satisfaction of the
Planning Board.
3. On Sheet LP -1 Landscape Plan, add a hedge to screen the 6 parking spaces in front of
the existing main building and a hedge to screen the parking area adjacent to Route 118
to the satisfaction of the Planning Board.
4. The Public Access easement for the open space.
5. Modified easement and map of emergency access for Beaver Ridge property.
6. Address the plan modifications listed in the Barton & Loguidice memo dated May 18,
2023.
RESOLVED that all work associated with this Application shall be in strict compliance
with the approved and endorsed Site Plan Documents; and
Prior to demolition of any structures, the following shall be completed:
Submit plan to evaluate the structural integrity of all existing accessory outbuildings.
Submit potential professional firms to complete this work for acceptance by the
Planning Board.
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Resolution #23-13
Page 10 of 13
2. Submit plans for the dismantling, salvage, movement or demolition of each accessory
outbuilding to be removed including a plan for documenting the buildings including
basic historical data collection and the documentation of the structures as
recommended by NYS OPRHP.
3. Submit historical data as cited in HPI consultant's memo of July 14, 2023 to satisfaction
of Planning Board.
Prior to Endorsement, the following shall be completed and/or submitted:
4. Submit Traffic Improvement drawings for the Route 118 and Underhill Avenue
intersection for approval by the NYS Department of Transportation.
5. The Applicant shall submit a plan for monitoring excavation by a qualified historic
consultant for the identification of artifacts during the excavation phase of
construction.
6. Final execution of the Letter of Resolution (LOR) with the NYS OPRHP.
7. Submit stone wall repair and restoration plan.
8. Submit plan detail at entry drive and necessary modification to gates, walls or pillars.
9. Submit plan at larger scale for the proposed uses of the outdoor spaces.
10. Submit report detailing the outlet of the pond, its location status and any necessary
modifications.
11. Submit final architectural drawings to satisfaction of the Planning Board.
12. Submit a dredging plan for the pond.
13. Fire apparatus access roads shall comply with Section 503 of the Fire Code of New
York State (FCNYS) and the center island in the turnaround at the end of the
townhome driveway must have a mountable curb and be free and clear of any
obstructions.
14. The fire department water supply should be reviewed with the fire department. Fire
hydrant placement and fire department connections should meet the needs of the
department.
15. Where fire ladder truck access is necessary, fire lanes shall be marked appropriately.
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Resolution #23-13
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16. Submission of a Final Stormwater Pollution Prevention Plan approved by the NYC
DEP and acceptable to the Town Engineer and approved by the Planning Board.
17. Submission of fees as per town requirements in the form of separate checks made
payable to the Town of Yorktown:
Attorney Fees TBD
Tree Bank Fund TBD
Recreation Fee $225,000.00
General Development $106,560.00
18. Submission of construction inspection fees and security, in a form satisfactory to the
Town Attorney, to the Engineering Department as required by the Town Engineer.
Fees to be determined after Planning Board approval and a complete final set of
drawings are submitted to the Town Engineer.
Prior to the issuance of a Building Permit for the main mansion, the following shall
be completed:
19. The Applicant shall submit plans for rehabilitation of the existing main mansion for
review and approval by the Planning Board prior to any construction on this building.
Prior to issuance of Certificate of Occupancy, the following shall be completed:
20. Submit all signage details for the project and obtain sign permits as required by Town
Code.
21. Executed Stormwater Maintenance Agreement to the satisfaction of the Town
Engineer and Town Attorney.
22. Completion of all traffic improvements on Underhill Avenue and at the Underhill
Avenue and Route 118 (Saw Mill River Road) Intersection.
23. Completion of the emergency access connection to the Beaver Ridge Apartments site
to operational status.
During construction:
24. The Applicant agrees to allow periodic inspections by the Town and its consultants.
25. Use of construction equipment must be within the hours of operation specified in
Town Code Section §216-2(D)(4).
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Resolution #23-13
Page 12 of 13
26. Construction equipment used on the Project Site shall be properly maintained with
functional mufflers to minimize noise during construction.
27. The Applicant's Contractor shall comply with the latest edition of the Manual for
Uniform Traffic Control Devices ("MUTCD") and, during peak traffic periods,
provide one or more onsite trained personnel to oversee and direct ingress and egress
and control the flow of traffic in and out of the site so as to ensure and maintain safety
and minimize impact to neighborhood residents.
28. The Applicant will retain an independent third -party "Qualified Inspector" as defined
by NYSDEC in the SPDES General Permit for Stormwater Discharges from
Construction Activity, to supervise and be present during the construction of the
erosion control measures, and which Qualified Inspector will provide bi-weekly written
inspection reports within five (5) business days of such inspection regarding the status
of erosion control measures to the Town of Yorktown Engineer and the Planning
Department until a notice of termination has been filed with the NYSDEC. The
Applicant must notify the Town of Yorktown Planning and Engineering Departments
in writing to identify the Qualified Inspector and shall immediately notify the Planning
and Engineering Department in writing of any changes.
The following additional requirements shall be followed:
29. The Applicant will provide to the Town a procedure for dispersal and/or donation of
any salvageable buildings or architectural elements that includes public input on this
process.
30. The Applicant will create a historic exhibit that conveys the history of the Underhill
Estate that will be displayed in a publicly accessible location the design of this exhibit
and location shall be submitted to the Planning Board for their review and approval.
31. Proposed plan must comply with all current applicable ADA standards.
32. Prior to the issuance of a building permit, submission of all legal documents to
effectuate the offers of cession, road dedications, easement, and other agreements set
forth on the map or its notes, in form satisfactory to the Town Attorney.
33. Applicant must obtain all necessary permits from outside agencies.
34. Upon completion of the project, the Applicant must submit an as -built survey, on
paper and in digital AutoCAD DWG readable format, showing all improvements on
the site.
BE IT FURTHER RESOLVED, that in accordance with Town Code Chapter 248, Chapter
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Site Plan Approval
Resolution #23-13
Page 13 of 13
178, Section §300-228(A), and Chapter 270, the application of Unicorn Contracting Corp. for
the approval of a Stormwater Pollution Prevention Plan, Wetland, and Tree Removal Permit
#WP-FSWPP-T-013-23 is approved subject to the conditions listed therein; and
RESOLVED, Permit #WP-FSWPP-T-013-23 shall not be valid until it has been signed by
the Chairman of this Board;
BE IT FURTHER RESOLVED, unless a Building Permit has been issued within 365 days
of the date of this resolution, July 17, 2024, this approval will be null and void, unless extended
pursuant to the terms of Section §195-39(F) of the Town Code.
PLANNING BOARD
TOWN OF YORKTOWN
RESOLUTION APPROVING
SITE PLAN, SPECIAL USE PERMIT, STORMWATER POLLUTION
PREVENTION PLAN, AND TREE PERMIT FOR THE
UNDERHILL FARMS SITE PLAN
DATE OF SOLUTION: JULY 17, 2023
SIGNED BY:
Acting Chairman
lock,
ROLL CALL:
AYES:
aron Bock, Acting aairman
Willi m LaScala
j
obe t Garri
R bert PheKn
L.
Robert Waterhouse
NAYES: