HomeMy WebLinkAbout13 - Jul 20, 2026 - PUBLIC_RedactedRichard Fon Robyn A. Steinberg, AICP, CPESC Chairman Director of Planning TOWN OF YORKTOWN
PLANNING BOARD
Albert. A. Capellini Community and Cultural Center, 1974 Commerce Street, Yorktown Heights, New York 10598, Phone: (914) 962-6565, Fax: (914) 962-3986 PUBLIC MEETING AGENDA YORKTOWN TOWN HALL BOARD ROOM
363 Underhill Avenue, Yorktown Heights, NY 10598
Crompond / Croton Heights / Huntersville / Jefferson Valley / Kitchawan / Mohegan Lake / Shrub Oak / Sparkle Lake / Teatown / Yorktown / Yorktown Heights
July 20, 2026
7:00 PM
1. Correspondence 2. Meeting Minutes – June 29, 2026
REGULAR SESSION
3. Toll Brothers
Second 90-Day Time Extension Request Location: 35.12-1-2 & 35.08-1-45; 2302 & 2448 Catherine Street
Contact: Zarin & Steinmetz, LLP Description: Approved 2-lot subdivision in the RSP-2 zone by Planning Board Resolution #25-23, dated
November 10, 2025.
4. Colangelo Subdivision First 90-Day Time Extension Request
Location: 35.16-1-4; 1805 Jacob Road Contact: Hocherman Tortorella & Wekstein, LLP; Site Design Consultants
Description: Approved 6-lot subdivision in the R1-160 zone by Resolution #21-01, dated February 8, 2021.
WORK SESSION
5. 3611 Gomer Street Discussion Special Use Permit
Location: 17.15-1-18; 3611 Gomer Street Contact: NYS Essential Power
Description: Proposed installation of a 24.75 kW ground-mounted solar system consisting of 45 solar modules and 45 microinverters.
6. ZBA Referral #24/26
The Exploratory Play Center of Yorktown Location: 37.09-1-24; 2405 Crompond Road
Contact: Grace Romagnoli Description: Special use permit application for a daycare at St. Andrew’s Church.
7. Town Board Referral
Tom Diana Park at Granite Knolls Sports and Recreation Complex Location: 26.09-1-22; 2975 Stony Street
Contact: James Martorano, Jr. Description: Proposed paving of the existing gravel parking lot and proposed construction of a beach
volleyball court at the Tom Diana Park at Granite Knolls Sports and Recreation Complex.
Last revised: July 15, 2026
Correspondence
Minutes
Toll Brothers
Colangelo Subdivision
3611 Gomer Street
Robyn A. Steinberg, AICP, CPESC Ed Lachterman Director of Planning Town Supervisor TOWN OF YORKTOWN
PLANNING DEPARTMENT
Albert A. Capellini Community and Cultural Center, 1974 Commerce Street, Yorktown Heights, New York 10598, Phone (914) 962-6565, Fax (914) 962-3986
Crompond / Croton Heights / Huntersville / Jefferson Valley / Kitchawan / Mohegan Lake / Shrub Oak / Sparkle Lake / Teatown / Yorktown / Yorktown Heights
MEMORANDUM
To: Planning Board From: Planning Department
Date: June 26, 2026 Subject: 3611 Gomer Street
SBL: 17.15-1-18
____________________________________________________________________________________
The subject application proposes the development of a 24.75kW ground-mounted solar array on a 1.71-acre
parcel within the R1-20 zone. The proposed array consists of 50 solar modules and 50 microinverters and will
be positioned in the rear yard. The property has a single-family home and a pool. The pool will be removed
to facilitate the construction of the solar array.
Earlier this year, Chapter 300 of the Yorktown Town Code was amended to restrict the development of large-
scale ground-mounted solar arrays within residential zones. Special use permits and site plans for small-scale
ground-mounted solar arrays within residential zones are still permitted but require Planning Board review and approval.
At its meeting on May 28, 2026, the Applicant met with the Zoning Board of Appeals to discuss an area
variance for the proposed solar installation. The ZBA informed the applicant that they should start the site plan and special use permit review with the Planning Board before they can consider any variances.
The site plan does not currently comply with the code requirements listed below:
1. Proposed setback is 14’ where 30’ is required.
2. Proposed panel height shall not exceed 10’. Please provide panel height.
3. Lot area is 1.71-acres where 2-acres is required.
Based on an initial review by Planning Department staff, a robust landscaping plan may be required as
Yorktown Town Code Section 300-81.4E(3)(e) requires screening from adjacent residential properties, streets, or roads on which it fronts or is visible from, as well as any other views which the Planning Board determines
necessary. No tree removal was indicated on the site plan; however, the Applicant informed the ZBA that
tree removal may be necessary. Both items will impact the visibility of the proposed solar array and must be
considered.
Respectfully submitted,
Ian P. Richey
Assistant Planner
Photo taken from the north-east corner of the parcel while on Gomer Street.
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Town of Yorktown, NY
Friday, June 26, 2026
Chapter 300. Zoning
Article VII. Permitted Special Uses
§300-81.4. Solar power generation systems and facilities.
[Added 9-15-2020 by L.L. No. 11-2020; amended 10-19-2021 by L.L. No. 9-2021; 5-3-2022 by L.L. No.
5-2022; 3-17-2026 by L.L. No. 1-2026]
Statutory authority and jurisdiction.
This section is hereby enacted pursuant to the provision of § 10 of the Municipal Home Rule
Law and §§ 261 and 263 of the Town Law of the State of New York, which authorize the Town
of Yorktown to adopt zoning provisions that advance and protect the health, safety, and welfare
of the community, and "to make provision for, so far as conditions may permit, the
accommodation of solar energy systems and equipment and access to sunlight necessary
therefor."
The authority to issue special use permits pursuant to this section is hereby delegated to the
Planning Board.
References herein to zoning districts in the Town of Yorktown are references to such districts
as described in this Chapter 300 of the Code of the Town of Yorktown.
Statement of purpose and intent.
Solar energy is an abundant and nonpolluting energy resource that reduces fossil fuel
emissions, reduces dependence on the electrical power grid that generates power from
nonrenewable and nuclear sources of fuel, reduces impacts to residential and commercial
property resulting from power interruptions resulting from man-made or natural events, and
reduces the Town's energy load.
The use of solar energy to provide electrical power for the needs of the Town's residents and
businesses is consistent with the Town of Yorktown's commitment to green infrastructure and
practices, and consistent with its goal of promoting long-term sustainability.
This section is intended to regulate solar energy systems and the requisite provision of, and
access to, adequate sunlight; to mitigate the potential impacts to neighboring properties, while
promoting the use of solar energy systems in commercial and industrial districts, in accordance
with applicable laws and regulations.
This section is adopted to advance and protect the public health, safety, and welfare of the
Town of Yorktown, including:
Taking advantage of a safe, abundant, and nonpolluting energy resource;
Decreasing the cost of energy to the owners of commercial and residential properties,
including single-family houses;
Increasing employment and business development in the region by furthering the
installation of solar energy systems;
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Decreasing the use of fossil fuels, which reduces the carbon footprint of the Town, aids in
energy independence of the Town and nation, and reduces polluting greenhouse gas
emissions; and
Increasing resiliency of the energy grid during storm events and times of peak energy
demand.
The Town values its open space, naturalized areas, and rural character. Maintaining high
environmental quality and values are a mainstay of the Town's efforts in its guidance and
regulation of development in the Town. As such, the Town, in guiding the development of solar
installations, will prioritize their placement on commercial properties over roofs and parking
areas.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ABACA
An acronym that refers to the Advisory Board on Architecture and Community Appearance.
ACCESSORY USE
A use which is customarily incidental and subordinate to the principal use of a lot, water area or
a building and located on the same lot or water area therewith.
ALTERNATING CURRENT (AC)
An electric current that reverses direction at regular intervals, having a magnitude that varies
continuously in sinusoidal manner.
BUFFER, BUFFERING
Methods such as landscape vegetation, fencing, earth berms and any other materials or
methods used to enhance the visual quality of a view or viewshed.
BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated into any building envelope
system, such as vertical facades, including glass and other facade material, semitransparent
skylight systems, roofing materials, and shading over windows.
DIRECT CURRENT (DC)
An electric current of constant direction, having a magnitude that does not vary or varies only
slightly.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground or supported on a foundation, and
attached to a pole, column, or other mounting system, and detached from any other structure
for the primary purpose of producing electricity for on-site or off-site consumption.
KILOWATT (kW)
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical
demand. A watt is a metric measurement of power (not energy) and is the rate (not the
duration) at which electricity is used. One thousand kW is equal to one megawatt (MW).
KILOWATT-HOUR (kWh)
A unit of energy equivalent to one kilowatt (kW) of power expended for one hour of time.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that exceeds 25 kilowatts (kW) DC as rated by its nameplate capacity.
The maximum system capacity and the maximum area of land upon which the system shall be
erected are as follows:
Up to one megawatt AC on an area of land no larger than 10 acres, excluding any
easement for accessing the parcel; or over one but not to exceed five megawatt AC on an
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area of land no larger than 20 acres, excluding any easement for accessing the parcel.
LOT COVERAGE
That percentage of the lot area covered by the combined area of all buildings or structures on
the lot.
MAIN USE
A term used for purposes of this Chapter 300, Zoning, as denoting a set of specific uses of
land for which each zone has as its intended primary permitted uses.
MEGAWATT (MW)
Equal to 1,000 kilowatts; a measure of the use of electrical power.
MEGAWATT-HOUR (MWh)
A unit of energy equivalent to one megawatt (MW) of power expended for one hour of time.
PRINCIPAL USE
The main use conducted on a lot, dominant in area, extent or purpose to other uses which may
also be on the lot.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structure for the
purpose of producing electricity for on-site or off-site consumption.
SCREEN, SCREENING
Measures such as landscape vegetation, fencing, earth berms and any other materials or
methods used to reduce or eliminate the ability to view or see solar panels and their supporting
structures, accessory or supporting equipment.
SMALL-SCALE SOLAR ENERGY SYSTEM
A solar energy system that does not exceed more than 25 kW DC as rated by its nameplate
capacity, and serves only the buildings or structures on the lot upon which the system is
located. Nothing contained in this provision shall be construed to prohibit the sale of excess
power through a net billing or net metering arrangement made in accordance with New York
Public Service Law (§ 66-j) or similar state or federal statute.
SOLAR ACCESS
Space open to the sun and substantially clear of overhangs or shade, including the orientation
of streets and lots to the sun so as to permit the use of a solar energy system on individual
properties.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment
and conduit of photovoltaic devices associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination of both solar panels and solar
energy equipment.
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electrical energy
and is normally attached to a building by mechanical means and is readily removable and
replaceable or ground-mounted utilizing structural components.
SOLAR POWER GENERATION SYSTEMS
See "solar energy system" definition.
Applicability.
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The requirements of this section shall apply to all solar energy systems and equipment
installed or modified after the effective date of this section, excluding general maintenance and
repair and building-integrated photovoltaic systems.
Roof-mounted small-scale solar energy systems installed on single- and two-family residential
properties are subject to compliance with this chapter under authority of the Building Inspector,
and do not require review and approval from the Planning Board. Roof-mounted solar energy
systems mounted facing front yards or any yard facing the street must be referred to the
ABACA for review and recommendation. The Building Inspector may refer the application and
associated materials to the Planning Board for review and recommendation.
Small-scale solar energy systems as an accessory use or structure.
Small-scale solar energy systems are permitted through the issuance of a special use permit
within all zoning districts, subject to the requirements set forth in this section, including site
plan approval. Applications for the installation of a small-scale solar energy system shall be
reviewed by the Planning Department and referred, with comments, to the Planning Board for
its review and action, which can include approval, approval with conditions, and denial, unless
otherwise cited by Subsection D(2) of this section. Where a solar energy system will require a
tree removal permit, the application shall be referred to the Tree Conservation Advisory
Commission.
Roof-mounted solar energy systems.
Roof-mounted solar energy systems that use the electricity on site or off site are permitted
as an accessory use in all zoning districts when attached to any lawfully permitted building
or structure.
Height. Solar energy systems shall not exceed the maximum height restrictions of the
zoning district within which they are located and are provided the same height exemptions
granted to building-mounted mechanical devices or equipment.
Aesthetics. Roof-mounted solar energy system installations shall incorporate, when
feasible, the following design requirements:
Panels installed on pitched roofs and facing the front yard must be mounted at the
same angle as the roof's surface with a maximum distance of 18 inches between the
roof and highest edge of the system. Panels installed on flat roofs must be installed
so that they are not visible or suitably screened.
Ground-mounted solar energy systems.
Ground-mounted solar energy systems that use the electricity primarily on site are
permitted as accessory structures in all zoning districts.
Setback and height. Ground-mounted small-scale solar energy systems shall adhere to
the setback requirements of the underlying zoning district but shall not be less than 30 feet
in the R2, R1-10, R1-20, and R1-40 and 50 feet in all other residential zones. Solar panels
shall not exceed 10 feet in height in residential zones and 20 feet in height in all other
zones.
The surface area covered by ground-mounted solar panels, the areas between panels and
any related equipment shall be included in total lot coverage, and shall not exceed 50% of
the area of the lot, inclusive of all principal and accessory structures on the lot, as required
by the underlying zone.
All such systems in residential districts shall be installed on properties that are a minimum
of two acres in size or more and shall be installed in the side or rear yards.
Landscape screening and buffering shall be required. A ground-mounted solar energy
system shall be screened from adjacent residential properties, streets or roads on which it
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fronts or is visible from, and any other views which the Planning Board determines is
necessary. The Planning Board may require substantially mature screening, as
appropriate in its discretion.
Approval standards for large-scale solar systems.
Large-scale solar energy systems are prohibited in residential districts but permitted through
the issuance of a special use permit within all other zoning districts, subject to the
requirements set forth in this section, including site plan approval. Large-scale solar energy
systems are not permitted as a sole, principal use on properties within nonresidential zones.
Applications for the installation of a large-scale solar energy system shall be submitted to the
Planning Board for its review and action, which can include approval, approval with conditions,
and denial. Where a solar energy system will require a tree removal permit, the application
shall be referred to the Tree Conservation Advisory Commission. Notwithstanding the
prohibition of large-scale solar energy systems in residential districts, any large-scale solar
energy systems existing within the Town as of January 1, 2025 ("existing large-scale solar
energy system") shall be considered a legal non-conforming use, and shall be governed by the
provisions set forth herein.
Special use permit application requirements. For a special permit application, the requirements
of § 195-40 shall be met unless otherwise waived by the Planning Board, and as
supplemented by the following provisions.
If the property of the proposed project is to be leased, legal consent between all parties,
specifying the use(s) of the land for the duration of the project, including easements and
other agreements, shall be submitted.
Site plans, survey and other documentation required by the Planning Board showing the
layout of the solar energy system signed by a professional engineer or registered architect
shall be required.
The equipment specification sheets shall be documented and submitted for all
photovoltaic panels, significant components, mounting systems, and inverters that are to
be installed.
Property operation and maintenance plan. Such plan shall describe continuing
photovoltaic maintenance and property upkeep, such as mowing and trimming.
A statement detailing the loss of trees and other vegetation to be removed and the
quantity of carbon sequestered by said trees and vegetation using the "Method for
Calculating Carbon Sequestration by Trees in Urban and Suburban Settings" of the U.S.
Department of Energy, or other recognized methodology and a comparison of this data to
the reduction of carbon emissions representative of the electrical output of the proposed
facility that would have been produced from a traditional fossil fuel electrical generation
plant.
Special use permit standards.
Height and setback. Large-scale solar energy systems shall adhere to a minimum of a
150-foot setback requirement, which may be increased by the Planning Board as
appropriate in its discretion. If the vertical elevation rises 50 feet or greater in the
horizontal distance from the 150-foot setback line to 100 feet beyond the property line, the
required setback shall increase by a factor of two. The Planning Board can increase the
minimum setback if they determine necessary to achieve the most effective visual
screening or buffering. Screening pursuant to Subsection (3)(g) shall not be required to
comply with setback requirements. The height of ground-mounted systems shall be no
greater than 12 feet in all zones, except that ground-mounted canopy systems shall be no
greater than 20 feet in all zones. Roof-mounted systems shall be limited to the height
requirements of the underlying zone except that panels installed on flat roofs must be
installed so that they are not visible or are suitably screened.
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Lot size. Large-scale energy systems in nonresidential zones shall comply with the
requirement in the underlying zone.
Lot coverage. A large-scale solar energy system that is ground-mounted shall not exceed
50% of the lot on which it is installed. The surface area covered by solar panels shall be
included in total lot coverage. Where a solar energy system is not the principal use of the
site, the lot coverage may exceed that of the underlying zone, but in no case shall exceed
50%, including all principal and accessory structures on the lot as required by the
underlying zone.
All ground-mounted large-scale energy systems shall be enclosed by fencing to prevent
unauthorized access. Warning signs with the owner's contact information shall be placed
on the entrance and perimeter of the fencing. The type of fencing shall be determined by
the Planning Board. The fencing and the system may be further screened by any
landscaping needed to avoid adverse aesthetic impacts. Fencing for ground-mounted
systems that function as canopies or carports above parking areas may not be required,
provided that the Planning Board determines the visual and aesthetic impacts to the
surrounding area is not significantly adversely affected.
Any application under this section shall meet any substantive provisions contained in site
plan requirements in the Chapter 195 of the Town Code entitled "Land Development" and
Chapter 300 of the Town Code entitled "Zoning" that, in the judgment of the Planning
Board, are applicable to the system being proposed. The Planning Board may waive one
or more of the requirements therein.
The Planning Board may impose conditions on its approval of any special use permit
under this section in order to enforce the standards referred to in this section or in order to
discharge its obligations under the State Environmental Quality Review Act (SEQRA).
Screening and buffering shall be required. A landscape plan shall be submitted and
approved by the Planning Board. Large-scale solar energy systems shall be screened
from residential structures on adjacent properties, streets or roads on which it fronts or is
visible from, and any other views, which the Planning Board determines is necessary.
Where grade differential from adjacent residential properties is of such magnitude that
nullifies the effectiveness of screening and buffering measures, the Planning Board shall
only be required to minimize the views of the solar facility to the greatest extent
reasonably practicable. Views from adjacent commercial properties shall be minimized to
the extent reasonably practicable and screened from streets or roads to the extent
reasonably practicable on which it fronts. Screening and buffering of systems that function
as canopies or carports above parking areas may not be required, provided that the
Planning Board determines the visual and aesthetic impacts to the surrounding area is not
significantly adversely affected. Screening and buffering may be accomplished using
architectural features, earth berms, landscaping, or other screening methods that will
harmonize with the character of the property and surrounding area. Native pollinator
(birds, bats, bees, and multiple species of insects) habitats may be required to be
established on a solar energy system where appropriate. Such habitats may consist of
short-growing, low-maintenance, native seed mix underneath and around panels, diverse
pollinator seed mix in between panels, buffers of vegetation that attract and benefit
pollinators, and native flowering plants and grasses. The Planning Board may require
substantially mature screening, as appropriate in its discretion.
Mitigation for tree loss under Chapter 270, when required, will be developed to mitigate for
the carbon sequestration ability of the removed trees to the greatest extent practicable.
The owner, operator or manager of any large-scale solar power generation system shall
be required to conduct annual inspections of the site's approved landscaping, screening,
buffering, and any other required vegetative plantings or structures required under the
approval. The inspection shall ascertain the health, effectiveness, condition and viability of
such landscaping, screening, buffering, and any other required vegetative plantings or
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structures. The findings of each annual inspection shall be reported to the Town Engineer
as a written report with photographs where necessary. Any dead or diseased vegetative
material or any other deficiencies shall be promptly replaced or repaired by the site owner,
operator, or manager. If such diseased, dead or deficient material is not promptly replaced
or repaired to the satisfaction of the Town Engineer, the Town Engineer shall exercise
enforcement action pursuant to § 300-199, Screening, drainage facilities and buffer strips.
For large-scale solar energy systems proposed to be installed on protected woodlands,
the applicant shall provide an in-depth analysis of the functions of the woodlands to
include, as appropriate, the items listed in § 270-3.
Abandonment and decommissioning.
All applications for a solar farm shall be accompanied by a decommissioning plan to be
implemented upon abandonment, or cessation of activity, or in conjunction with removal of the
facility, prior to issuance of a building permit. The Planning Board shall require the applicant to
file a decommissioning bond prior to the issuance of any permits in an amount sufficient to
cover the cost of decommissioning throughout the useful life of the solar farm. The Bond shall
be in the form of a performance bond issued by a reputable bonding company representing
80% of the cost of decommissioning, with the remaining 20% in the form of a cash bond.
If the applicant begins but does not complete construction of the project within 18 months after
receiving final site plan approval, this may be deemed abandonment of the project and require
implementation of the decommissioning plan to the extent applicable.
The decommissioning plan must ensure that the site will be restored to a useful, nonhazardous
condition without delay, including, but not limited to, the following:
A cost estimate detailing the projected cost of executing the decommissioning plan shall
be prepared by a professional engineer or contractor. Cost estimations shall take into
account inflation.
Removal of aboveground and below-ground equipment, structures and foundations.
Restoration of the surface grade and soil after removal of equipment.
Revegetation of restored soil areas with native seed mixes, excluding any invasive
species. The Planning Board may require restoration of former forested areas using native
species formerly on the site, and at a rate that will ensure the survival and maturation of
the forest.
The plan shall include a timeframe for the completion of site restoration work.
Solar energy systems are deemed abandoned after one year without electrical energy
generation and must be removed from the property. Applications for extensions are reviewed
by the Planning Board and may be extended for a period of one year. The maximum number of
extensions is five. At the expiration of the system, it must be decommissioned.
If the large-scale solar energy system is not decommissioned after being considered
abandoned, the municipality may remove the system and restore the property and impose a
lien on the property to cover the costs to the municipality.
Enforcement. Any violation of this Solar Energy Law shall be subject to the same civil and criminal
penalties provided for in Chapter 300, Zoning, of the Code of the Town of Yorktown.
Payments in lieu of taxes. To the extent any real property with a solar energy system authorized
hereunder is exempt from taxation to the extent of any increase in the assessed value thereof by
reason of the inclusion of such solar energy system under New York Real Property Tax Law § 487,
the property owner shall be required to enter a contract with the Town for payments in lieu of taxes
("PILOT"), as set forth in NY RPTL § 487(9). The amount of such PILOT shall be set by the Town
Board, upon recommendation of the Town Assessor. Said recommendation shall be based upon
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industry-recognized standards [e.g., the New York State Energy Research and Development
Authority (NYSERDA) PILOT calculators]. Under NY RPTL § 487, solar energy systems are not
exempt from special district ad valorem taxes, which will be the responsibility of the property owner
in addition to any PILOT payments.
Lock box. All large-scale solar energy systems shall maintain an emergency key box on site to
provide for emergency access to the system and to provide for the storage of vital system
information.
Compliance with all laws. Solar energy systems shall comply with all applicable laws, including, as
applicable, the Fire Code of the State of New York.
Grandfathering. Notwithstanding anything to the contrary in this § 300-81.4, the prohibition on
large-scale solar energy systems in residential districts shall not apply to the project proposed in a
certain special use permit application for Jacob Road Solar ("grandfathered project"), but only if the
grandfathered project: (1) adheres to the dimensional and bulk requirements of this section (e.g.,
150-foot setback minimum, 12-foot height maximum); (2) which is a community solar project,
commits to providing Yorktown residents a 90-day period to enroll, prior to the potential for
enrollment of non-Yorktown residents; and (3) signs a deed restriction to be recorded against the
property that prohibits the creation, construction, installation, and development of battery energy
storage systems also known as BESS.
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ZBA Referral #24/26
The Exploratory Play
Center of Yorktown
Town Board Referral
Tom Diana Park at
Granite Knolls Sports
and Recreation
Complex