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Home My WebLink AboutPlanning Board Resolution #25-07 - 401 E. Main StreetRichard Fon Planning Board Chairman John A. Tegeder, R.A. Director of Planning TOWN OF YORKTOWN PLANNING DEPARTMENT Albert A. Capellini Community and Cultural Center, 1974 Commerce Street, Yorktown Heights, NY 10598, Phone 914-962-6565, Pas 914-962-3986 PLANNING BOARD RESOLUTION ROUTING TRANSMITTAL DATE: April 23, 2025 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) [ ] Fire Inspector (via e-mail) [ ] Highway Superintendent (via e-mail) [ ] Water Department (via e-mail) [ ] Town Assessor (via e-mail) FROM: Planning Department SUBJECT: 401 East Main Street RESOLUTION: #25-07 SBL: 6.14-1-42 & 44 Attached please find a copy of Planning Board Resolution #25-07 approving site plan, special use permit, stormwater pollution prevention plan, and tree petnnit for 401 East Main Street dated Nlarch 24, 2025. Thank you, John A. Tegeder, R.A. Director of Planning /nc Attachment Crompond / Croton Heights / Huntersville / Je£rerson Valley / Kitchawan / Mohegan Lake / Shrub Oak / Sparkle Lake / Teatown / Yorktown / Yorktown Heights THIS IS TO CERTIFY 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 401 EAST MAIN STREET DATE OF RESOLUTION: March 24, 2025 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 401 EAST MAIN STREET RESOLUTION NUMBER: #25-07 DATE: March 24, 2025 On motion of Robert Waterhouse, seconded by Robert Garrigan, and unanimously voted in favor by Fon, LaScala, Bock, 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 tided "401 East Main Street," prepared by Hildenbrand Engineering, PLLC, dated June 27, 2024, and last revised February 10, 2025 was submitted to the Planning Board on behalf of Rich McHale of 401 E Main Street, LLC (hereinafter referred to as "the Applicant"); and WHEREAS the property owned by the Applicant is located at 401 East Main Street, also known as Section 6.14, Block 1, Lots 42 & 44 on d-le Town of Yorktown Tax Map (hereinafter referred to as "the Property"); and WHEREAS pursuant to SEQRA: 1. The action has been identified as an Unlisted action. 2. The Planning Board has been declared lead agency on March 24, 2025. 3. A negative declaration has been adopted on March 24, 2025, on the basis of a Short EAF dated June 27, 2024. WHEREAS the applicant has submitted as part of his application the following maps and documents: 1. A drawing, Sheet 1 of 4, tided "Existing Conditions & Removals Plan," prepared by Hildenbrand Engineering, dated June 27, 2025, and last revised February 10, 2025; and 2. A drawing, Sheet 2 of 4, tided "Site Plan," prepared by Hildenbrand Engineering, dated June 27, 2025, and last revised February 10, 2025; and 3. A drawing, Sheet 3 of 4, tided "Grading, Utility & Erosion Control Plan," prepared by Hildenbrand Engineering, dated June 27, 2025, and last revised February 10, 2025; and 4. A drawing, Sheet 4 of 4, tided "Details," prepared by Hildenbrand Engineering, dated June 27, 2025, and last revised February 10, 2025; and 401 East Main Street Resolution #25-07 Site Plan Approval Page 2 of 4 WHEREAS the applicant must provide at least 4 parking spaces per 1000 square feet thereby requiring a total of 12 parking spaces, and the applicant has shown 12 parking spaces on the site plan; 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 Building Inspector Conservation Board Fire Inspector Planning Department Town Engineer Westchester County Planning Board Report Date 11/14/2024 No report submitted 10/11/2024 10/15/2024 10/18/2025,10/29/2024,1/23/2025,2/4/2025 No report submitted 2/10/2025 WHEREAS the requirements of this Board's Land Development Regulations, Town Code Chapter 195, have been met; and WHEREAS a Public Informational Hearing was held in accordance with §195-39(B)(1) of the Yorktown Town Code on the said site plan application at the Town Hall in Yorktown Heights, New York on November 18, 2024; 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 and closing on February 24, 2025, at Town Hall in Yorktown Heights, New York; BE IT NOW RESOLVED that the application of Rich McHale of 401 E Main Street, LLC for the approval of a site plan titled "401 East Main Street" as prepared by Hildenbrand Engineering , PLLC, dated June 27, 2024 and last revised February 10, 2025, be approved subject to the modifications and conditions listed below, and that the Chairman of this Board be and hereby is authorized to endorse this Board's approval of said plan upon compliance by the applicant with such modifications and requirements as noted below: Additional conditions that must be completed prior to signature of the approved site plan by the Planning Board Chairman and Application for a Building Permit: 1. Submission of a Final Stormwater Pollution Prevention Plan acceptable to the Town 401 East Main Street Resolution #25-07 Site Plan Approval Page 3 of 4 Engineer and approved by the Planning Board. 2. Submission of fees as per town requirements in the form of separate checks made payable to the Town of Yorktown: General Development $101.00 3. Submission of 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 and site work estimate are submitted to the Town Engineer. Additional conditions that must be completed prior to issuance of a Building Permit: 4. Proposed plan must comply with all current applicable ADA standards. 5. 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. 6. Applicant must obtain all necessary permits from outside agencies. Conditions that must be met prior to the commencement of site development work: 7. A Town of Yorktown Building Permit must be obtained. If required a floodplain development permit must be obtained. 8. All required erosion and sediment control measures shall be installed as per the engineering plans and as required by the NYSDEC Standards and Specifications for Erosion & Sediment Control. 9. All other permits required by regulatory authorities (if any) shall be obtained. 10. A pre -construction meeting must be held at the site. The applicant or a representative shall contact the Engineering Department (914) 962-5722 x220 to arrange this meeting. All erosion controls and limits of disturbance lines (such as silt fence and orange construction fencing) are to be installed prior to this meeting. BE IT FURTHER RESOLVED, that in accordance with Town Code Chapter 248, Chapter 178, Section §300-228(A), and Chapter 270, the application of Rich McHale of 401 E Main Street, LLC for the approval of a Stormwater Pollution Prevention Plan, Wedand, and Tree Removal Permit #WP-FSWPPP-T-003-25 is approved subject to the conditions listed 401 East Main Street Site Plan Approval therein; and Resolution #25-07 Page 4 of 4 RESOLVED, Permit #WP-FSWPPP-T-003-25 shall not be valid until it has been signed by the Chairman of this Board; RESOLVED the Applicant will retain an independent third -parry Environmental Systems Planner, a "Qualified Inspector" as defined by the New York State Department of Environmental Conservation 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 Environmental Systems Planner will provide bi-weekly inspection reports regarding the status of erosion control measures to the approval authority via the Town Engineer and the Planning Department throughout construction; and RESOLVED the Applicant must notify the Planning Board in writing stating the name of the Environmental Systems Planner or Firm that will be completing the bi-weekly inspection reports and shall notify the Planning Board in writing if this Planner or Firm changes; and Additional conditions that must be completed prior to issuance of a Certificate of Occupanc. RESOLVED the Applicant shall submit an as -built survey to the Planning Department and certify all site work has been completed in compliance with the approved site plan and architectural elevations and request a final site inspection and sign off by the Planning Board prior to the issuance of a certificate of occupancy; and BE IT FURTHER RESOLVED that unless a building permit has been issued by March 24, 2026, or a time extension has been granted by the Planning Board, this approval will be null and void. F:\Office\WordPerfect\Current_Ptojects\401 East Main Street (McHale)\ Resolutions\ Res #25-07 - 2025-03-24 - 401 East Main Street.docx PLANNING BOARD TOWN OF YORKTOWN RESOLUTION APPROVING SITE PL , SPEC AL USE PERMIT, STORMWATER POLLUTION PREVEN ION PL , AND TREE PERMIT FOR 1 401 EMI MAIN STREET LUTIQN: March 24, 2025 SIGNED BY: F ROLL CALL: AYES: Chairman William LaScala /I Robert Wa Aaron Bock NAYES: