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HomeMy WebLinkAboutRes #21-19 - 2021-09-13 - Approval Crystal CourtRichard Pon Planning Board Chairman John A. Tegeder, R.A. Director of Planning TTC)WN OF YORKTOWN PLANNING DEPARTMENT Albert A. Capcllini 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: September 29, 2021 TO: [XI File [XI Applicant (via e-mail) [XI Town Clerk [XI Building Inspector (via e-mail) [XI Town Engineer (via e-mail) [XI Fire Inspector (via e-mail) [XI Highway Superintendent (via e-mail) [XI Water Department (via e-mail) [XI Town Assessor (via e-mail) FROM: Planning Department SUBJECT: Crystal Court Subdivision RESOLUTION: #21-19 SBL: 27.11-2-43; Crystal Court Attached please find a copy of Planning Board Resolution #21-19 approving subdivision plat, wetland permit, stormwater pollution prevention plan, and tree permit for Crystal Court dated September 13, 2021. Thank you, John A. Tegeder, R.A. Director of Planning /nc Attachment Crompond / Croton Heights / Huntersville / Jefferson 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 SUBDIVISION PLAT, WETLAND PERMIT, STORMWATER POLLUTION PREVENTION PLAN, AND TREE PERMIT FOR CRYSTAL COURT DATE OF RESOLUTION: SEPTEMBER 13, 2021 HEREBY signed by the secretary of the Planning Board: William LaScala, Secretary 912-7/zaz/ Date PLANNING BOARD TOWN OF YORKTOWN RESOLUTION APPROVING SUBDIVISION PLAT, WETLAND PERMIT, STORMWATER POLLUTION PREVENTION PLAN, AND TREE PERMIT FOR CRYSTAL COURT RESOLUTION NUMBER: #21-19 DATE: SEPTEMBER 13, 2021 On motion of William LaScala, seconded by Robert Garrigan, and unanimously voted in favor by Fon, LaScala, Bock, and Garrigan, 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 subdivision plat titled "Subdivision Plat Crystal Court," prepared by Link Land Surveyors, P.C., dated September 1, 2021, was submitted to the Planning Board on behalf of PANBAR Realty LLC (hereinafter referred to as "the Applicant"); and WHEREAS, the property owned by the Applicant is located at Crystal Court, Yorktown Heights, also known as Section 27.11, Block 2, Lot 43 on the Town of Yorktown Tax Map (hereinafter referred to as "the Property"), and the applicant has represented to this Board that they are the lawful owners of the land within said subdivision; and WHEREAS, an application fee of $1,890.00 covering 5.07 acres has been received by this Board; 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 September 13, 2021. 3. A negative declaration has been adopted on September 13, 2021 on the basis of a Short Environmental Assessment Form dated October 17, 2019. WHEREAS, the applicant has submitted as part of his application the following maps and documents: Plat 1. A plat titled, "Subdivision Plat Crystal Court," prepared by Link Land Surveyors, P.C., dated September 1, 2021; Improvement Plans 2. A drawing, Sheet S-1, titled "Preliminary Integrated Plot Plan 3-Lot Subdivision," prepared by John Karell, Jr., P.E., dated August 16, 2016, and last revised February 23, Crystal Court Subdivision Subdivision Approval Resolution #21-19 Page 2 of 8 2021; 3. A drawing, Sheet E-1, titled "Erosion & Sediment Control Subdivision," prepared by John Karell, Jr., P.E., dated December 29, 2016, and last revised February 23, 2021; 4. A drawing, Sheet WS-1, titled "Water & Sewer Plan," prepared by John Karell, Jr., P.E., dated August 27, 2016, and last revised February 23, 2021; 5. A drawing, Sheet D-1, titled "Details," prepared by John Karell, Jr., P.E., dated August 27, 2016, and last revised February 23, 2021; Tree Mitigation 6. A drawing, Sheet T-1, "Tree Plan," prepared by prepared by John Karell, Jr., P.E., dated December 29, 2016, and last revised February 23, 2021; 7. A drawing, Sheet T-2, "Tree Replacement Plan," prepared by prepared by John Karell, Jr., P.E., dated December 29, 2016, and last revised February 23, 2021; Wetland Mitigation 8. A drawing, "Existing Conditions Map," prepared by Paul J. Jaehnig Wetland & Soils Consulting, dated May 3, 2021, and last revised August 30, 2021; and 9. A drawing, "Mitigation Planting Plan," prepared by Paul J. Jaehnig Wetland & Soils Consulting, dated May 3, 2021, and last revised August 30, 2021; and Additional Documents & Reports 10. A Stormwater Pollution Prevention Plan, prepared by John Karell, Jr., P.E., dated October 21, 2019; and 11. A Phase I Archaeological Investigation for the proposed Crystal Court subdivision, prepared by Alfred G. Cammisa, M.A., and Alexander Padilla, B.A., and dated March 2020; and 12. A draft Conservation Easement; and WHEREAS, the Planning Board has reviewed the recreation needs created by the subject subdivision as well as the present and anticipated future needs of the surrounding area as analyzed and planned for in the Town's Recreation Plan adopted in 1978; and WHEREAS,- pursuant to Town Code Section §195-35(C), the Planning Board may accept money in lieu of parkland reservation upon written application from the subdivider and consideration of the following: (a) The relationship of the subdivision to the town Plan, and particularly as such plan may show proposed park and playground area; (b) The character and recreation needs of the neighborhood in which the subdivision is located; (c) The unsuitability of land in the subdivision for park and playground purposes by reason of location, access, grade or cost of development or maintenance; Crystal Court Subdivision Subdivision Approval Resolution #21-19 Page 3 of 8 (d) The possibility that land immediately adjoining the subdivision will serve, in whole or in part, the park and playground needs of such subdivision; and WHEREAS in accordance with Town Code Chapter 178, "Freshwater Wetlands" and Town Code Chapter 270, "Trees", the applicant has proposed: 1. The removal of invasive multiflora rose; 2. The planting of herbaceous plants, shrubs, and trees in the wetland buffer; 3. A Conservation Easement on 1.43 acres of the Property; 4. A Tree Replacement 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 Advisory Committee on Open Space Conservation Board Fire Inspector Highway Superintendent Planning Department Recreation Commission Town Engineer Tree Conservation Advisory Commission Water Department NYS DEC NYS OPRHP NYC DEP Report Date 04/10/19 10/31/19 04/04/19,11/07/19,07/09/21 04/05/19,08/12/19 05/09/19 10/31/18, 11/01/18, 06/21/19, 07/11/19, 05/01/20 10/30/19 10/20/17, 11/02/18, 05/02/19, 12/15/20 06/19/19,03/05/21,07/11/21 11/06/19,10/15/20 01/10/20 11/22/19,03/20/20 11/25/19 WHEREAS, the requirements of this Board's Land Development Regulations, inter alia Town Code Chapter 195, have been met; and WHEREAS, a Public Informational Hearing was held in accordance with Town Code Section §195-22A(5) of the Yorktown Town Code on the said subdivision application and plat at the Town Hall in Yorktown Heights, New York on August 12, 2019; 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 on the said site plan application in accordance with Town Code Section §195-22E commencing and closing on December 16, 2019 at Town Hall in Yorktown Heights, New York; Crystal Court Subdivision Resolution #21-19 Subdivision Approval Page 4 of 8 BE IT THEREFORE NOW RESOLVED that the application of PANBAR Realty LLC for approval of a subdivision plat titled "Subdivision Plat Crystal Court," prepared by Link Land Surveyors, dated September 1, 2021, be approved subject to the following modifications and conditions and that the Chairman and Secretary of this board be and hereby are authorized to endorse this board's approval on said plat upon compliance by the applicant with such modification and additionaf requirements as noted. If such modifications are not made and such conditions are not fulfilled within 180 days from the date of this resolution the plat shall be deemed disapproved. RESOLVED, the plat shall be modified to show: 1. Add proposed 20 ft wide water line easement between Lots 1 and 2. 2. Remove the Lot 1, Lot 2, Lot 3 labels. 3. Add the area of Lot 43.99. RESOLVED, the improvement plans shall be modified to show: 1. On Sheets T-2 and WS-1, remove trees shown to be planted in the wetland buffer. RESOLVED, based on an assessment of the recreation needs created by the subject subdivision, the recreation needs of the surrounding area reflected in the Town's Recreation Plan, and the recommendation of the Recreation Commission via their memo dated October 30, 2019, the Applicant shall provide $10,000.00 per 2 new lots (TOTAL $20,000.00) in lieu of recreation lands to satisfy the recreational needs created by the subject subdivision and to help meet the present and anticipated needs of the surrounding neighborhood; and BE IT FURTHER RESOLVED, said plat map shall not be endorsed by the Planning Board until: 1. Submission of a revised Conservation Easement to the satisfaction of the Planning Board's attorney. 2. Approval of a Stormwater Pollution Prevention Permit from the NYCDEP. 3. Submission of a Final Stormwater Pollution Prevention Plan acceptable to the Town Engineer and to the satisfaction of the Planning Board. 4. Submission of fees as per town requirements in the form of separate checks made payable to the Town of Yorktown: Crystal Court Subdivision Resolution #21-19 Subdivision Approval Page 5 of 8 ABACA $400.00 Recreation Fee $20,000.00 General Development $1,440.00 5. Submission of the plat signed by the Westchester County Health Department. 6. Submission of a statement signed by the Town's Tax Collector that all taxes due on this parcel have been paid. BE IT FURTHER RESOLVED, the following additional requirements shall be met: 1. Deed or conveyance giving rights of easement and use for easements shown on said plat, have been tendered to the town to be held in escrow until formal acceptance by resolution of the Town Board. 2. The deeds offer of dedication and certificate of title insured by an approved title company for the fee tide to all streets has been tendered to the town to be held in escrow until formal acceptance of the roads by resolution of the Town Board. 3. Applicant must submit final plat in AutoCAD DWG readable format. 4. Provide monuments at all points of curvature and points of tangency as directed by the Town Engineer at right-of-way/property line, for all lots. BE IT THEREFORE RESOLVED, said plat shall not be endorsed by the Planning Board until the improvements shown on the construction detail improvement plans, as modified, are completed by the applicant to the satisfaction of the Superintendent of Highway, Town Engineer and Town Board within one (1) year from the date of this resolution or alternatively: The applicant shall post 5% of the estimated costs of improvements in the form of a letter of credit or other security acceptable by the Town Board and additionally a letter credit for 95% of the estimated costs of improvements with the term of one year approved by the Town Board as to manner of execution, form and sufficiency to guarantee and assure full compliance by the applicant with all the terms, conditions, requirements and provisions as set forth in this resolution. RESOLVED, that Letters of Credit shall have an automatic renewal for additional terms of one (1) year. Both the issuing agent for the Letter of Credit and the applicant must notify the Town of Yorktown if Letter of Credit will not be renewed for any reason, and Crystal Court Subdivision Resolution #21-19 Subdivision Approval Page 6 of 8 BE IT FURTHER RESOLVED, that the Letter of Credit shall contain language requiring its issuing agent to notify the Town, in writing, at least thirty (30) days prior to the letter's expiration date if the drawer of the letter will not renew it. (Letter to be mailed to the Town of Yorktown Engineering Department, 363 Underhill Avenue, Yorktown Heights, NY 10598.) BE IT THEREFORE RESOLVED, that: Said letter of credit should contain the provisions that when the principals have fully and properly completed all of the work and improvements as required by this resolution and the work has been accepted by the Town Board for maintenance and repair, after recommendation of the Highway Superintendent and the Town Engineer and upon the request of the applicant the same be canceled in the manner provided for by law. Said letter of credit shall not be cancelled or reduced to less than 5% of the estimated cost of improvements and that the letter of credit so reduced and the deposit of cash surety remain in full force and effect to assure the satisfactory condition of said work and improvements until released by the town at the request of the applicant. Such release shall not be earlier than one (1) year from the date of acceptance of the work and improvements. The taking over of the roads in the subdivision as town highways shall in no way impede the effectiveness of either or both letter(s) of credit. BE IT FURTHER RESOLVED, that in accordance with Town Code Chapter 178, Chapter 248, and Chapter 270, the application of PANBAR Realty for the approval of a Stormwater Pollution Prevention Plan, Wetland, and Tree Removal Permit #WP-FSWPP-T-018-19 is approved subject to the conditions listed therein; and RESOLVED, Permit #WP-FSWPP-T-018-19 shall not be valid until it has been signed by the Chairman of this Board; RESOLVED, the Applicant will retain an independent third -party 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 Environmental Inspector 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 BE IT FURTHER RESOLVED, that upon submission of a building permit for each lot of this subdivision, the owner shall submit a site plan or plot plan, to ABACA, at a minimum scale of 1" = 20' showing the following: Crystal Court Subdivision Subdivision Approval Resolution #21-19 Page 7 of 8 a. The location of the proposed house. b. The proposed finished floor elevation of the first floor, garage, and basement. c. The proposed grade at the garage entrance. d. The percentage slope of the proposed driveway. e. All existing and proposed topographic contour lines. All contour lines must extend a minimum of 10'-0" beyond the property line. f. The line of all delineated wetland, wetland buffers, easements, etc. g. A line indicating the limit of the area which will be disturbed by construction. h. Any other pertinent information as shown on the subdivision and improvement plan. BE IT FURTHER RESOLVED, that no tree cutting on individual lots shall be permitted unless and until each lot has been reviewed by the ABACA; and BE IT FURTHER RESOLVED that upon application for a Building Permit for lots in this subdivision, the Building Inspector shall review the proposed building elevations to determine the requisite grading. Should the Building Inspector determine that the requisite grading exceeds by plus or minus two (2) feet the finished floor elevations the Planning Board approved on the signed improvement plans, the applicant shall apply to the Planning Board for approval of the proposed building plan. The Planning Board shall review such application to determine whether the proposed excavation is limited to the greatest extent practicable and does not create adverse environmental or aesthetic impacts. The Board shall approve or deny the proposed grading by resolution. BE IT FURTHER RESOLVED, that no building permit for individual lots which require driveways in excess of ten (10) percent shall be issued by the Building Department unless approved by the Town Board; and BE IT FURTHER RESOLVED, that no building permits be issued for any lot unless and until the Environmental Inspector has reported that all required erosion control measures are in place and functioning properly on entire site; and BE IT FURTHER RESOLVED, that no certificate of occupancy will be issued unless an as - built survey of lot is filed with the Building Inspector and Planning Department; and BE IT FURTHER RESOLVED, pursuant to Town Code Section § 195-15, and upon consideration by the Board of the proposed three lots on a cul-de-sac, the installation of street trees is reduced to one street tree per lot and pursuant to Section §195-31 the installation of sidewalks are waived; and BE IT FURTHER RESOLVED, that upon due consideration by the Board no other requirements of these regulations be modified; and Crystal Court Subdivision Subdivision Approval Resolution #21-19 Page 8 of 8 BE IT FURTHER RESOLVED, that the approved plat shall be recorded and filed in the County Clerk's office within 30 days from the signature on the plat, otherwise said approval shall become null and void. F:\Office\WordPerfect\Current_Projects\Crystal Court - 27.11-2-43\Resolution\Draft Resolution Subdivision.docx PLANNING BOARD TOWN OF YORKTOWN RESOLUTION APPROVING SUBDIVISION PLAT, WE PREVENTION PLAN. DATE: SIGNED BY: ROLL CALL: r AYES: //,/ NAYES: PERMIT, STORMWATER POLLUTION .EE PERMIT FOR CRYSTAL COURT 13, 2021 on, Chairman Richard Fon, Chairman