STATE OF NEW YORK
TOWN OF CORTLANDT PLANNING BOARD
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MARCH 2009
MINUTES OF REGULAR MONTHLY MEETING
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March 3, 2009
8:00 p.m
Town Hall
1 Heady Street
Cortlandt Manor, New York
Patrick M. DeGiorgio, Reporter
BEFORE:
Steven Kessler, Chairman
Loretta Taylor, Vice-Chairperson (Not Present)
John Bernard, Board Member
Thomas A. Bianchi, Board Member
Ivan Kline, Board Member
Susan Todd, Board Member
Robert Foley, Board Member
ALSO PRESENT:
Edward Vergano, Department of Technical Services
John J. Klarl, Esq., Deputy Town Attorney
Kenneth Verschoor, Planning Department
Chris Kehoe, Planning Department
Jeffrey Rothfedder, CAC
PATRICK M. DEGIORGIO COURT REPORTING
P.O. Box 4607
New Windsor, New York 12553
(845) 430-6564
1 2
2 (Pledge of Allegiance)
3 CHAIRMAN KESSLER: Ken, roll please.
4 MR. VERSCHOOR: Mr. Kline?
5 MR. KLINE: Here.
6 MR. VERSCHOOR: Mr. Bernard?
7 MR. BERNARD: Here.
8 MR. VERSCHOOR: Mr. Bianchi?
9 MR. BIANCHI: Here.
10 MR. VERSCHOOR: Mr. Klarl?
11 MR. KLARL: Here.
12 MR. VERSCHOOR: Mr. Kessler?
13 CHAIRMAN KESSLER: Here.
14 MR. VERSCHOOR: Miss Todd?
15 MS. TODD: Here.
16 MR. VERSCHOOR: Mr. Foley?
17 MR. FOLEY: Here.
18 MR. VERSCHOOR: Mr. Vergano?
19 MR. VERGANO: Here.
20 MR. VERSCHOOR: Mr. Kehoe?
21 MR. KEHOE: Here.
22 MR. VERSCHOOR: Mr. Rothfedder?
23 MR. ROTHFEDDER: Here.
24 CHAIRMAN KESSLER: Myself, Mr. Verschoor.
25 Absent is Miss Taylor.
1 3
2 CHAIRMAN KESSLER: We have two additions to
3 the agenda this evening. First is Planning Board
4 Number 20-02 regarding Curry Automotive and we will
5 add that as letter H at the end of correspondence.
6 The second is Foshay Realty, Planning Board 7-07 and
7 we will add that as letter I at the end of
8 correspondence. Can I please have a motion to add
9 those two items to the agenda?
10 MS. TODD: So moved.
11 CHAIRMAN KESSLER: Second, please?
12 MR. FOLEY: Second.
13 CHAIRMAN KESSLER: On the question. All in
14 favor?
15 (Board in favor)
16 CHAIRMAN KESSLER: Opposed? Just one other
17 note on the agenda. Under correspondence, first
18 item regarding the letter we received for Valeria
19 regarding the changing of the siding from cement to
20 vinyl. The applicant asked us to remove that from
21 the agenda and we will do so, so we will not be
22 addressing that this evening. Before we get
23 started, as some of you know, the Town of
24 Cortlandt's Director of Planning, Mr. Ken Verschoor,
25 who is sitting there on the far left, to my left, is
1 4
2 retiring from the Town of Cortlandt after 30 years
3 of service in the planning department. And we all
4 know Ken does more than just the roll call at the
5 planning board meetings. I think it's fair to say
6 that over those 30 years not an -- every application
7 has Ken's fingerprints and I would dare say every
8 acre in this town has Ken's footprint on it. He is,
9 as most of you know, I hope, is a very quiet and
10 unassuming man. He certainly treats all applicants
11 with respect and dignity. That's not always easy.
12 He helps people navigate the process in the planning
13 department. He gives of his time freely. Everyone
14 says how easy it is to work with Ken, and I think
15 his integrity and credibility that he has shown over
16 the years, and that's certainly part of his being,
17 extends to the town and gives the town credibility.
18 I talked to a lot of developers, not that I like to,
19 but I do, and they talk about how what a pleasure it
20 is to do business in this town compared to other
21 towns throughout the area, Westchester and other
22 areas. I think it causes people to want to do
23 business in the Town of Cortlandt. I think that's
24 good for us. Fair to say, what they say to me you
25 always know where you stand with Ken Verschoor when
1 5
2 you deal with him. As it relates to this board,
3 well, you know, his knowledge of the planning
4 process, his knowledge of the applications, the
5 history of the applicants is truly encyclopedic and
6 always amazes me. He's taught this board a lot, the
7 difference between a part 1 and part 2 on an EIS and
8 really more importantly about the process that we
9 need to give everyone a fair hearing and to attend
10 to the rules and regulations as we need to do. What
11 people don't know about Ken is how he manages his
12 agenda, manages the correspondence, manages the
13 files, a huge amount of data that comes through the
14 department and Ken certainly has an unique ability
15 to handle it and organize it and make sure we all
16 know what we are doing because ultimately Ken is the
17 man behind the curtain. We are all up here and we
18 may look smart, but really it's Ken that makes us
19 look smart. We all are certainly going to miss him.
20 So Ken, we wish you well, we thank you for your 30
21 years of service and you know we hope you enjoy a
22 very long, healthy, well deserved retirement. I've
23 said this many times before and I'm glad to say it
24 again tonight. This is a public hearing, is there
25 anybody that wishes to comment? Ivan?
1 6
2 MR. KLINE: I could only just reiterate what
3 the chairman said. I think we all on this board
4 have just incredible positive feelings for all
5 you've done, Ken, and I thank you.
6 MR. VERSCHOOR: Thanks.
7 MR. BERNARD: I'll tell you, I'll be real
8 honest about it. As a citizen, whenever I needed
9 information and I would come and talk to anyone in
10 the town, everybody is very helpful, and Ken would
11 never actually tell you the answer, but somehow he
12 would tell you the answer. He would always be able
13 to lead you to the right place where you could
14 really find out the information you needed to know.
15 I thank you very much.
16 MR. VERSCHOOR: You're welcome.
17 MR. BIANCHI: Thanks, Ken, for your service
18 to the town and for personally making my transition
19 to the board very easy. And for all that you have
20 helped me with, and I need a lot of help at times,
21 and you were always there to provide me with
22 information and advice. Thank you very much and
23 best of luck to you.
24 MR. VERSCHOOR: Thank you.
25 MR. KLARL: Ken, I'm worked with you for
1 7
2 over 18 years. It's been my pleasure. Ken is a
3 wonderful planner, professional and gentleman, and
4 I'm happy to call him my friend. As Steve said,
5 he's been a compendium of knowledge of Cortlandt
6 properties, applicants, the process. He always
7 treats people with respect and as the legendary Bill
8 Russell once said of his team make John Havlicek,
9 that as great a player he was, he was a better
10 person. I feel that way about Ken.
11 MR. VERSCHOOR: Thank you.
12 MS. TODD: I've been on the board for about
13 7 years now and I have never, ever seen you lose
14 your temper or speak harshly about anybody. You are
15 one of the most patient people I know. And I have
16 been able to take advantage of that because I've had
17 so many questions, some of which aren't always the
18 most, you know, in depth questions, but kind of how
19 do you do this, how do you do that, and you've
20 always been there with a lot of patience and a lot
21 of humility. I think what is most important in your
22 30 years you have always, I believe, kept the town's
23 interest in the forefront of what you have been
24 doing. Whether it's thinking about where open space
25 should be or where more centralized development
1 8
2 should go, I think that that's been a real gift to
3 the town and thank you for that.
4 MR. VERSCHOOR: Thank you.
5 MR. FOLEY: Ken, I was trying to remember
6 how far back the first time I met you. I know John
7 Felt was the planner then. I was one of those
8 citizen activists,“homeowner activists”,that not too
9 often went into the planning office, sometimes I'd
10 call.I know others on Cortlandt WATCH and
11 neighborhood groups went in. I've only been on
12 the board about 10 or 11 years, but prior to that it
13 had to be another 15 years that I recall you, I was just
14 a citizen living in the town for 37 years. As we have
15 all said, you have always been courteous and
16 patient, very professional, a tremendous asset to
17 the town, unbelievably knowledgeable on all of the
18 issues, and you were always neutral on the issues, I remember
19 that. You have been a real gentleman and a public
20 servant, the “go to guy” and you have been a
21 tremendous asset to our town and I wish you good
22 luck and God speed.
23 MR. VERSCHOOR: Thank you.
24 CHAIRMAN KESSLER: Mr. Zutt.
25 MR. ZUTT: Bill Zutt. Unless your parents
1 9
2 are in the room, I've probably known you longer than
3 just about anybody here. I have to tell you that it
4 has been one of the really great aspects of my life
5 and my practice to have known you, to have worked
6 with you as the planner. When I served in the
7 counsel's position back in the '80s everything that
8 folks have said about you is true. You have such
9 fundamental sense of decency and fairness, such a
10 command of the subject matter, and whatever a
11 compendium is I guess you have that too. I think
12 it's Carly Simon that says nobody does it better.
13 And that absolutely the case when it comes to Ken
14 Verschoor. I will miss you tremendously and I want
15 to wish you the very best and Cortlandt has been so
16 lucky to have you so many years.
17 MR. VERSCHOOR: Thank you.
18 MR. ZUTT: Congratulation, Mr. Chairman, on
19 your 20th year on the planning board.
20 CHAIRMAN KESSLER: Thank you.
21 MS. ZAWACKI: Hi Ken. I've known you for
22 about 25 years, 15 years and the 8 and a half years
23 that I worked for McCormick Smith Engineers. Seeing
24 you in the hallway here every day, you are just one
25 of the nicest guys here in the town. Ed, you might
1 10
2 be third nicest, but I'm going to miss seeing you in
3 the hallways here and it's been a pleasure.
4 MR. VERSCHOOR: Thank you. I'd just like to
5 say I appreciate all your compliments and best
6 wishes. It's been an honor and a privilege working
7 with all of you on the planning board for 30 years
8 now as well as working with my colleagues here
9 tonight and town staff and our elected officials.
10 Most importantly, working with our fellow citizens
11 of the town. I just can't believe how quickly these
12 30 years have gone by. When I first moved here 30
13 years ago, of course, we were just starting a
14 family, now my children are grown and onto their own
15 lives, so it's just amazing how things change, but
16 I've been very happy to be here. I'll miss all of
17 you. Instead of sitting on this side of the desk,
18 I'll be sitting on that side because I'll still be a
19 resident of the town. Thank you very much.
20
21 (Applause)
22
23 CHAIRMAN KESSLER: There is, a week from
24 Thursday at Hollow Brook, a dinner that is being
25 held in honor of Ken, his retirement for, I hope, a
1 11
2 modest sum. Please check with the supervisor's
3 office or with Chris about the details. Next
4 Thursday night, 6 p.m. Here we go, Thursday night,
5 6 p.m. 6 to 8 as I said at Hollow Brook. March
6 12th, Thursday the 12th. Please, if anybody wishes
7 to come, once again congratulate him and wish him
8 well in his retirement, please do so. We hope to
9 have a very nice crowd there and hope to see you all
10 there. So with that, Ken, good luck to you. We
11 will really miss you.
12 MR. VERSCHOOR: Thank you.
13 CHAIRMAN KESSLER: Onto the agenda for the
14 evening. The first item under resolutions.
15 APPLICATION OF SAFE MANAGEMENT, INC. FOR SITE
16 DEVELOPMENT PLAN APPROVAL AND A SPECIAL PERMIT AND
17 FOR STEEP SLOPE AND WETLAND PERMITS FOR A
18 SELF-STORAGE FACILITY, THE SEASONAL STORAGE OF
19 VEHICLES AND CLASSIC CAR RESTORATION LOCATED IN
20 EXISTING BUILDINGS ON A 12.14 ACRE PARCEL OF
21 PROPERTY AT 28 REYNOLDS LANE AS SHOWN ON A 6-PAGE
22 SET OF DRAWINGS ENTITLED "PLAN PREPARED FOR SAFE
23 MANAGEMENT, LLC, PREPARED BY BADEY & WATSON, P.C.,
24 LATEST REVISION DATED JANUARY 21, 2009 (SEE PRIOR PB
25 36-89) Mr. Foley?
1 PB 12-07 SAFE MANAGEMENT, INC. 12
2 MR. FOLEY: Mr. Chairman, I make a motion
3 that we approve Resolution Number 7-09 with the 17
4 conditions.
5 CHAIRMAN KESSLER: Second, please?
6 MR. BERNARD: Second.
7 CHAIRMAN KESSLER: On the question.
8 MS. TODD: Mr. Chairman, I'm going to
9 abstain from this vote because I didn't go on the
10 site visit and don't feel that I know the site well
11 enough to make a decision.
12 CHAIRMAN KESSLER: So noted. Thank you,
13 Susan. We are on the question. All in favor?
14 (Board in favor)
15 CHAIRMAN KESSLER: Opposed?
16 MS. TODD: Abstain.
17 CHAIRMAN KESSLER: Abstain. 5 to 0, one
18 abstention. Thank you. Second resolution of the
19 evening. APPLICATION OF JESSE STACKHOUSE AND JOHN
20 DELULIO FOR FINAL PLAT APPROVAL AND FOR A LOT LINE
21 ADJUSTMENT WITH THE ADJACENT PROPERTY OWNED BY
22 SHIMON AND JOYCE BENDAVID FOR A 5-LOT MAJOR
23 SUBDIVISION OF A 7.077 ACRE PARCEL OF LAND LOCATED
24 ON THE NORTH SIDE OF LOCUST AVENUE, 500 FEET EAST OF
25 GABRIEL DRIVE AS SHOWN ON A FINAL PLAT ENTITLED
1 PB 21-05 JESSE STACKHOUSE/JOHN DELULIO 13
2 "SUBDIVISION MAP KNOWN AS HILLSIDE ESTATES" LATEST
3 REVISION DATED OCTOBER 20, 2008 AND ON A DRAWING
4 ENTITLED "IMPROVEMENT & INTEGRATED PLOT PLAN FOR
5 HILLSIDE ESTATES" LATEST REVISION DATED OCTOBER 22,
6 2008, BOTH PREPARED BY BADEY & WATSON, P.C. (SEE
7 PRIOR PB 36-99) Mr. Bernard?
8 MR. BERNARD: Mr. Chairman, I move that we
9 approve Resolution 8-09.
10 CHAIRMAN KESSLER: Second, please?
11 MR. BIANCHI: Second.
12 CHAIRMAN KESSLER: On the question. All in
13 favor?
14 (Board in favor)
15 CHAIRMAN KESSLER: Opposed?
16 MR. ZUTT: Mr. Chairman, just one point of
17 clarification, if I might. In the 5th paragraph of
18 the condition, condition number 5, 7th line, allows
19 the completion of project improvements in lieu of
20 posting a performance security which is customary.
21 Condition 6, however, says that there shall be no
22 excavation or site work until the final plat is
23 signed. I'm assuming that that does not include
24 permitted site work associated with the required
25 project improvements?
1 PB 13-08 DECO LAND HOLDING CORP. 14
2 MR. VERGANO: That's correct.
3 MR. ZUTT: Thank you, Mr. Chairman. Been a
4 long road. Thank you very much.
5 CHAIRMAN KESSLER: Thank you, Bill. Did we
6 vote?
7 MR. KLARL: Yes.
8 CHAIRMAN KESSLER: Onto public hearings.
9 Our first public hearing of the evening is an
10 adjourned public hearing. SCOPE FOR A DRAFT
11 ENVIRONMENTAL IMPACT STATEMENT FOR THE APPLICATION
12 OF DECO LAND HOLDING CORP. FOR SITE DEVELOPMENT PLAN
13 APPROVAL AND FOR STEEP SLOPE, WETLAND AND TREE
14 REMOVAL PERMITS FOR THE CONSTRUCTION OF 4
15 RECREATIONAL FIELDS AND ASSOCIATED PARKING
16 FACILITIES AND ROCK REMOVAL, CRUSHING, PROCESSING
17 AND TRUCKING FROM THE SITE ON A 12.3 ACRE PARCEL OF
18 PROPERTY LOCATED ON THE WEST SIDE OF ROUTE 9, ACROSS
19 FROM THE INTERSECTION WITH ROA HOOK ROAD, AS SHOWN
20 ON A 7-PAGE SET OF DRAWINGS ENTITLED "SITE
21 DEVELOPMENT PLAN FOR DECO LAND HOLDINGS CORP."
22 PREPARED BY CRONIN ENGINEERING, P.E., P.C., DATED
23 JUNE 20, 2008. Good evening.
24 MR. DECOLA: How are you?
25 CHAIRMAN KESSLER: Good. Where do we begin?
1 PB 13-08 DECO LAND HOLDING CORP. 15
2 We discussed this at the work session. We have the
3 scoping document in front of us. The scoping
4 document deals with 4 recreational fields. We
5 understand you have presented to us some
6 alternatives. For this to move forward we are going
7 to proceed with the 4 recreational field
8 applications that you have submitted to us. And the
9 scoping document reflects the application as you
10 have presented it to us. If down the road you wish
11 to change the application, you need to understand
12 that may require additional information in a DEIS to
13 support the additional whatever changes you want to
14 make in that application, but for now what we
15 decided to do as a board, and they can speak for
16 themselves, and they will in a minute, we are going
17 to proceed strictly on the 4 recreational ball
18 fields that exist in your current application. So
19 it's not a hockey rink or enclosed sports arena or
20 anything else, it's just the 4 ball fields.
21 MR. DECOLA: It was the board that asked for
22 alternatives.
23 MR. KLINE: We should be clear here. You
24 have shown to various groups, boards or what have
25 you in this town your plans for a sports facility,
1 PB 13-08 DECO LAND HOLDING CORP. 16
2 indoor sports facility.
3 MR. DECOLA: I met with the town regarding a
4 sports facility.
5 MR. KLINE: Right, and you've shown your
6 plans for an indoor facility, hockey rinks, hockey,
7 which may be great, but you kept your application to
8 us as simply being an application for playing
9 fields. We had put in as an alternative the indoor
10 sports facility. I raised earlier that upon further
11 reflection it really doesn't make sense to have a
12 more intensive use as an alternative because it will
13 never be studied properly. If you opt to stick with
14 the application as is, which is your right, and
15 somewhere down the road whether it's 2 years or 4
16 years from now you realize I don't want to put just
17 playing fields in here, I want to put this facility
18 I've drawn up and you will have to start from
19 scratch. That's your right. You can do that. We
20 are going to strike those alternatives that include
21 anything more intensive than the 4 playing fields.
22 MR. DECOLA: Basically what I was doing was
23 giving this town the opportunity to entertain a
24 sports complex, because to be quite frank with you,
25 if I'm going to go through a motion to start off
1 PB 13-08 DECO LAND HOLDING CORP. 17
2 from scratch, I've been here basically on and off
3 for many years, I'm going to bring it to the
4 neighborhood somewhere else and I'm not going to sit
5 here for another 2 years entertaining a recreation
6 facility that is much needed in the area if the town
7 is going to be reluctant to entertain it. It was
8 this board that asked me for alternatives. I
9 presented alternatives. I met with the town
10 engineer to draw up plans that I came in with
11 something like this and now I'm being told, well,