78 Grand Street MSPfinal12.08.15
site plan
7 pages
Meeting: portal event 985 (no meeting page on file)
Agenda item: Old Business — MAF Realty (Mark Franzoso) 78 Grand Street (78.8-6-56) -- Request for extension of Minor Site Plan Approval
Site plan, 7 pages. Attached to agenda item: “Old Business — MAF Realty (Mark Franzoso) 78 Grand Street (78.8-6-56) -- Request for extension of Minor Site Plan Approval”
Retrieved 2026-04-15 from the village's meeting portal.
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Also attached to this agenda item:
74 and 78 Grand Site plans
Rendering
Extracted text
WHEREAS, the Planning Board reviewed a Minor Site Plan application on Tuesday, November
10 and 24, and December 8, 2015 for MAF Realty, hereafter known as “the Applicant,” said
property located at 78 Grand Street, and designated on the Tax Map of the Village of Croton-on-
Hudson as Section 78.08 Block 6 Lot 56; and
WHEREAS, the proposal is for a new single-family dwelling; and
WHEREAS, this proposal is considered a Type II Action under the State Environmental Quality
Review Act (SEQRA), therefore, no Negative Declaration is required.
WHEREAS, under section 120-4 of the Village Code the Planning Board is the approving
authority for the issuance of an Excavation and Filling Permit and in accordance with section 120-
3(C) of the Village Code, the approval of the Minor Site Plan incorporates the excavation and
filling permit, subject to the conditions specified below.
WHEREAS, under section 208-16(C) of the Village Code the Planning Board is the approving
authority for the issuance of a Tree Removal Permit and in accordance with section 208-16(F) of
the Village Code the approval of the Minor Site Plan includes the approval to remove trees noted
on the site plan to be removed, subject to the conditions specified below.
WHEREAS, under section 196-3(C) of the Village Code the Planning Board is the approving
authority for the Stormwater Pollution Prevention Plan (SWPPP) and hereby approves the
Stormwater Pollution Prevention Plan, subject to the conditions specified below.
WHEREAS, the proposed development plan proposes a land disturbance of 5,001 square feet,
and whereas the amount of steep slopes being disturbed exceeds the thresholds in section 195-3A
(50% of lot area) of the Village Code which requires a Steep Slope permit; and
NOW, THEREFORE BE IT RESOLVED, that the Minor Site Plan application as shown on
Drawing A-201 entitled “Proposed Exterior Front Elevation” dated December 7, 2015; Drawing
#L-101 entitled “Proposed Landscape plan-lot #56,; Drawing #SY-101 entitled “Proposed Plot
Plan & General Notes/Specifications-Lot #56” last revised December 7, 2015, and Drawing #F-
101 entitled “Proposed Foundation Plan & Typical Section-Lot #56 dated October 21, 2015,
prepared by Ed Gemmola & Associates; “Project Report” prepared by Ciarcia Engineering, P.C.,
dated November 23, 2015; Sheet 1 entitled “Site Plan” last revised December 8 2015, Sheet 3
entitled “Erosion and Sediment Control Plan” last revised December 4, 2015, and Sheet 4 entitled
“Details” last revised December 4, 2015, and Sheet 5 entitled “Retaining Wall Details” last
revised December 4, 2015; prepared by Ciarcia Engineering, P.C.; Rendering of “Custom
Colonial” by Westchester Modular Homes, Inc. and drawings by Westchester Modular Homes:
“Elevation”, “Foundation”, “First Floor Plan”, “Second Floor Plan”, received on October 22,
2015; and “Exhibit A” which shows the neighboring houses photographed by the Village
Engineer, dated October 22, 2015; and Survey of Property prepared by Terry Bergendorff Collins,
dated August 4, 2015; be approved under Section 230-67 (B) of the Village Zoning Code subject
to the following conditions:
1. That, the foregoing recitals are incorporated herein as if set forth at length.
2. That, an as-built survey shall be included with the application for a certificate
of occupancy.
3. That, the plans submitted for the building permit application substantially
comply with the architectural documents listed above.
4. That, the plans be revised in accordance with the Village Engineer’s
memorandum dated December 8, 2015 as follows:
a. Provide details for driveway aprons.
b. The plans should include notes for the sequence of construction.
c. It is recommended that the storm water system overflow lines for 74
and 78 Grand Street be installed in the same trench to minimize
disturbance.
d. A cross lot easement is required to be granted over 74 Grand Street
for the benefit of 78 Grand Street. The easement should be reviewed
by the Village Attorney and Village Engineer and a copy of the filed
easement shall be submitted to the Village Engineer prior to the
issuance of a certificate of occupancy for 74 Grand Street or a
building permit for 78 Grand Street.
e. Additional details and notes need to be provided on the plans for:
storm water system pipes (material and diameters and minimum
slopes), yard drains and grates, storm water system elevations, and
storm water manhole and frame and cover to the satisfaction of the
Village Engineer.
f. Street trees and others being saved need to be protected with fencing
and possible truck protection details of both should be included on
the plans.
g. Three (3) copies of the revised plans need to be submitted with the
building permit application and all revisions are to be deemed
satisfactory by the Village Engineer.
5. A cross lot easement is required to be granted over 74 Grand Street for the
benefit of 78 Grand Street. The easement should be reviewed by the Village
Attorney and Village Engineer and a copy of the filed easement shall be
submitted to the Village Engineer prior to the issuance of a certificate of
occupancy for 74 Grand Street or a building permit for 78 Grand Street.
6. That, the following conditions are established as part of the approval of the
Stormwater Pollution Prevention Plan under Chapter 196 of the Village
Code:
a. That, a copy of the SWPPP shall be retained at the site of the land
development activity during construction from the date of initiation of
construction activities to the date of final stabilization.
b. That, no land disturbance work shall commence until the installation
of the sediment and erosion control devices has been completed and
found acceptable by the Village Engineer or his authorized agent.
c. That, each contractor and subcontractor who will be involved in soil
disturbance and/or stormwater management practice installation
shall sign and date a copy of the following certification statement
before undertaking any land development activity: "I certify under
penalty of law that I understand and agree to comply with the terms
and conditions of the stormwater pollution prevention plan. I also
understand that it is unlawful for any person to cause or contribute to
a violation of water quality standards." Copies of these statements
shall be delivered to the Village Engineer prior to the issuance of a
building permit.
i. That, the certification must include the name and title of the
person providing the signature, address and telephone
number of the contracting firm; the address (or other
identifying description) of the site; and the date the
certification is made.
ii. That, the certification shall contain proof that each
contractor who will be involved in a land development
activity has obtained training and/or certification in proper
erosion
and
sedimentation
control practices.
Such
certification shall become part of the SWPPP for the land
development activity and shall be retained on-site.
d. That, the applicable stormwater facility maintenance, inspection
and repair requirements in section 196-9 of the Village Code be
complied with, the stormwater infiltration chamber shall be inspected
annually within 48 to 72 hours after a heavy rainfall (1” or more) to
determine that the chambers have drained. If the chambers have not
drained remedial action shall be taken to rebuild the storm water
management system and restore the infiltrative capacity of the soil.
An inspection port shall be provided.
e. That, deep and percolation tests be conducted in the area of the
storm water infiltration chambers and that an engineer’s report on
the soil testing, and redesign if the percolation rate is greater than 10
minutes/inch, be submitted to and approved by the Village Engineer
prior to installation of the chambers.
f. That, the applicant shall contact the Village Engineer at least 48
hours before any of the work inspections listed in section 196-
10(A)(1) of the Village Code are required.
g. That, in accordance with section 196-10(C) an as-built plan of the
stormwater management practices shall be submitted to the Village
Engineer.
h. That, in accordance with section 196-10(F) the landowner shall
grant to the Village the right to enter the property at reasonable
times and in a reasonable manner for the inspection of the
stormwater management facilities.
i.
That, in accordance with section 196-11(A) of the Village Code the
applicant shall file with the Village a suitable bond or other security,
naming the Village as the beneficiary, to cover the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Village in its
approval of the stormwater pollution prevention plan. Said bond is
to be filed prior to the issuance of a building permit with amount and
form of the bond to be approved by the Village.
j.
That, the performance guarantee shall remain in force until the
surety is released from liability by the Village, provided that such
period shall not be less than one year from the date of final
acceptance or such other certification that the facility(ies) has been
constructed
in
accordance
with
the
approved
plans
and
specifications and that a one-year inspection has been conducted and
the facilities have been found to be acceptable to the Village.
7. That, in accordance with sections 195-S(C) of the Village Code the
following conditions are established as part of the Steep Slope Permit:
a. The use of explosives shall be prohibited.
b. Any disturbance of steep slopes shall be completed within one
construction season, and disturbed areas shall not be left bare and
exposed during the winter and spring thaw periods.
c. The disturbance of existing vegetative ground cover shall not take
place more than 15 days prior to commencing grading and
construction.
d. Temporary soil stabilization shall be applied to all areas of
disturbance and all adjoining areas within 50 feet thereof within two
days after establishing of the final grade, and permanent
stabilization and revegetation shall be undertaken within 15 days
thereafter. Upon good cause shown and based upon consideration of
the slopes, soils and environmental sensitivity of the area involved,
the Village Engineer may modify these specified time periods.
e. Temporary soil stabilization shall be applied within two days after
the disturbance is completed or when no additional disturbance is to
be performed for a period of seven days. Upon good cause shown
and based upon consideration of the slopes, soils and environmental
sensitivity of the area involved, the Village Engineer may modify
these specified time periods.
f. Topsoil that will be stripped from all areas of disturbance shall be
stockpiled in a manner so as to minimize erosion and sedimentation,
and shall be replaced on the site at the time of final grading.
g. Fill material shall be composed only of nonorganic material,
including rock with a diameter that will allow for appropriate
compaction and cover by topsoil.
h. Compaction of fill materials in fill areas shall be such that it ensures
support of proposed structures and stabilization for intended uses.
i.
That, in accordance with section 195-8C(4) of the Village Code the
applicant shall file with the Village a suitable bond or other security
to ensure the proper completion of the proposed activity in
accordance with the approved plans, the restoration of the area to its
natural condition as far as practicable and protection of adjoining
property owners from damage resulting therefrom., said bond to be
filed prior to the issuance of a building permit with amount and
form of the bond to be approved by the Village.
j.
That, a work plan/phasing plan be submitted to the Village Engineer
for approval prior to the issuance of a building permit.
k. That, following completion of the work, the applicant shall submit a
certification by a landscape architect, architect or professional
engineer that the completed work meets the requirements of the
steep slope permit. The Village Engineer will verify that the work
has been completed in accordance with such permit. Submission of
an as-built survey may be required by the approving authority or the
Village Engineer.
l.
That, the steep slope permit shall expire upon the completion of the
work.
8. That, in accordance with sections 208-18 and 208-19 of the Village
Code the following conditions are established for the approval to remove
trees:
a. That, landscaping, shown on approved plan, be installed prior to
a certificate of occupancy being issued.
b. That, if any of the trees noted on the plan to be saved are
damaged during construction, the applicant will replace such
trees with a tree of 2.5” minimum caliber with the species to be
approved by the Village Engineer.
c. That, the trees to remain shall be protected with tree trunk armor
and/or root zone protection as shown on the site plans listed
above or as required by the Village Engineer.
d. That, in accordance with section 208-19(A) of the Village Code
the applicant shall file with the Village a suitable bond or other
security payable to the Village to cover the completion of
conditions (a) through (c) above, said bond to be filed prior to
the issuance of a building permit with amount and form of the
bond to be approved by the Village.
e. That, tree removal operations shall not be permitted between
the hours of 8:00 p.m. and 8:00 a.m. Sunday through
Friday and between the hours of 8:00 p.m. and 10:00 a.m.
Friday through Sunday.
f. That, any stumps remaining above grade shall be removed to less
than two feet.
g. That, no tree removal shall occur unless a building permit has
been issued by the Village Engineer.
h. That, within 30 days after the completion of all tree removals the
Village Engineer shall be notified of such completion.
i. That, the approval to remove trees shall be valid for the term of
minor site plan approval and shall terminate upon the issuance
of a certificate of occupancy.
9. That, in accordance with sections 120-7 and 120-8 of the Village Code the
following conditions are established for the approval of the
excavation and fill work:
a. That, suitable fencing, with a minimum height of 48”, be provided
to guard any excavation greater than four feet in depth. All gates
shall be locked at all times when work is not being performed on
the property.
b. That, excavation and/or filling work shall not commence until a
building permit has been issued and erosion and sediment control
devices have been installed, inspected, and accepted by the
Village Engineer in order to prevent potential impacts to
stormwater drainage, water bodies and/or wetlands.
c. That, during construction all excavations shall be drained so that
any standing water at the bottom not be greater than one foot.
d. That, any fill from off-site shall be clean, containing no garbage,
refuse or deleterious matter, the Village Engineer shall inspect all
fill from off-site sources and may require testing, by an approved
laboratory, to determine the cleanliness of the fill.
e. That, appropriate dust-control measures shall be implemented
on-site and on access roads and any traveled areas used in
connection with any excavation and/or filling work to protect the
public and surrounding area against windblown soil and dust.
f. That, removal of soil or other material from the ground and/or
placement of fill on the ground shall not prevent or interfere with
the orderly development of land in the vicinity, shall not
unreasonably impede traffic flow, or parking.
g. That, to prevent the earth of adjoining property from caving in
before permanent supports have been provided for the sides of
such excavation, any person causing any excavation to be made
shall provide such sheet piling, bracing or other methods as may
be necessary, plans for which are to be submitted to and approved
by the Village Engineer prior to any such excavation being
undertaken.
h. That, provisions shall be made for the temporary drainage of the
property during excavations or filling operations and for the
permanent drainage to be effective upon the completion of the
operations.
i.
That, any excess soil from the excavation shall be removed from
the site immediately but in no event more than 20 days from
excavation.
j.
That, all disturbed areas not hardsurfaced or mulched shall be
covered with 3” of top soil, perennial rye grass and mulch, and be
reseeded and remulched as necessary to achieve a minimum 85%
grass coverage or covered with other ground cover as shown on
the approved landscaping plan.
k. That, the Village Engineer shall be notified by the next business
day if bedrock is encountered in the excavation. If hammering is
required, a rock excavation plan shall be submitted to the Village
Engineer for review and approval and shall not include any
blasting operations. The rock excavation plan shall provide for
the shortest possible timeframe for the removal of bedrock with
the goal that all bedrock removal operations be conducted in a two
to three week period as approved by the Village Engineer. The
Village Engineer may extend this period on a day by day basis
due to weather events that would not allow reasonable working
conditions. The rock excavation plan shall also include an
analysis of leaving part of the basement a crawl space to reduce
the quantity of bedrock required to be excavated.
l.
That, in accordance with section 120-7 of the Village Code the
applicant shall file with the Village a suitable bond or other
security to cover the completion of conditions (a) through (k)
above, said bond to be filed prior to the issuance of a building
permit with amount and form of the bond to be approved by the
Village.
m. That, excavation and/or filling operations shall not be permitted
between the hours of 8:00 p.m. and 8:00 a.m. Sunday through
Friday and between the hours of 8:00 p.m. and 10:00 a.m. Friday
through Sunday.
n. That, there shall be no on-site processing of fill or excavated soil
or the erection or use of any structure for such processing
however, power equipment for the purpose of filling and
excavation is permitted.
o. That, the Planning Board reserves the right to impose additional
reasonable conditions related to the excavation and filling
operations during the terms of this approval if in its opinion such
additional reasonable conditions are necessary.
p. That, the approval for excavation and/or filling operations shall be
valid for a period of one year starting on the date of issuance of
the building permit and subject to termination or renewal as
specified in section 120-10(A) of the Village Code.
q. That, any revision to the work covered by the approval of the
excavation and or filling work shall be reviewed by the Village
Engineer and if determined to be a substantial revision a
submission of a new application to the Planning Board shall be
required.
r. That, following the completion of the work the applicant shall
submit a certification of completion by a NYS licensed design
professional to the Village Engineer. The Village Engineer may
require the submission of an as-built survey.
s. The approval for excavation and filling operations may be
suspended or revoked and stop work orders issued as set forth in
section 120-10(E)-(G) of the Village Code.
Unless a building permit is issued and work is commenced and diligently prosecuted within three
years of the date of the resolution approving site plan, such site plan shall become null and void.
Any application for an extension of site plan approval shall be made six months prior to the
expiration date.
The Planning Board of the Village of Croton-on-Hudson, New York
Robert Luntz, Chairperson
Bruce Kauderer
Steven Krisky
Janet Mainiero
Rocco Mastronardi
Motion to approve by Ms. Mainiero, seconded by Mr. Kauderer, and carried by a vote of 5 to 0.
Resolution accepted at the meeting held on Tuesday, December 8, 2015.
Machine-extracted for search and reference — the original PDF is the authoritative version.