Planning Board Meeting
There we go. Gave you five minutes. It worked. It was good. Everything's good. We're gonna sit down. So I will call the village of Croton on Hudson planning board meeting for Tuesday, 09/16/2025 to order. The first item on the agenda is a public hearing. Spring Come LLC, 352 South Riverside Avenue, amended site plan for to add two balconies. So if you guys wanna come up here for the application, introduce yourself and tell us your affiliation and address, please.
Oh, hi. Yeah. My name is Spring. Yeah. Good to see everybody. Alright. So I beg for the you know, to apply the two bucket date. I think we have the order prints already. So any question you can ask him, my babysitter, you know. My Eddie, you know, my family member anyway. Yeah. Alright. You know, during the house just like you're taking care of a new baby, you know. Yeah. Anyway, you go ahead.
So, I guess prior to even, we talked about the changes to the building and the balconies, and, and then we ask about the location of the air conditioning units relative to where they were proposed prior. Has there been any updates to the plans relative to that or not? That's gonna be a little bit different.
Okay? If you look on the the wall where they have three units Yep. There's gonna be two units on that wall. Okay.
And there's actually a wall on the front of the deck, and we have one unit against that. So it'll be like a u shape. Okay? So Yeah. Right there. The third the fourth unit will go right there. Okay? So no unit on the upper balcony? There's gonna be two units on the upper deck. Okay. And Yeah. They'll be right along that wall. How many units total is it? Six total. We got five apartments in a commercial unit.
Okay. And so just to recap what I think I heard, there would be then five still on this level or four on this level? Floor on the 2nd Floor Level. Okay. So two on this two on the wall where the three are. Right. And then one on either side. Yeah. One will be tighter this side. Yep. So the
one on this side and one across from it and two on that divided the wall between the restaurant. Okay. And we had The unit's about 40 inches,
maybe 16 inches deep. Yeah. And we had, I think, suggested that there might be some kind of a a screen component to separate
those off from the You wanna separate the roof to roof. You really can't build a wall from them because they need to get in. You know? I understand. It doesn't I didn't say We could build a we could build Some kind of screen. Yeah. Screen. We could build a screening in front of it. Fence. I mean, the deck's wide enough where we I got no problem building screening in front of It looks like there's plenty of room there. Yeah. Just think from the perspective of the tenant. Yeah. Yeah. The deck's 22 feet wide. So like I said, these hanging off the wall, they're two feet. So if I put a wall two feet in front of it, we still got plenty of room on the deck.
Yeah. Okay. Yeah. There we go. So Dan's got it marked up there. I think what would be, at least from my opinion, a nicer solution. And I think that the other part of the plan proposed was, you know, are just amending to to show what you have have really done in terms of the lowering of the sidewalk and and the agreement was Right. Right. That will be that easement with the neighbor is gonna get Well, the the whole idea was to
be able to put windows down in the basement where you can create egress. The original plan had windows with wells. Right. But there really wasn't enough room between the builders to do that properly and and to put grading in and everything else. It just made sense to load it. And then it gives you access into that basement through a door now. Right.
Okay. And then think those were the plan changes as I recall. And then just to kinda throw a little monkey wrench in this thing, we got a letter from a neighbor Oh. Of yours regarding that piece of property on the back where the where the where the garbage disposals are or dumpsters are. And he's quite unhappy about that situation. And I know it's been addressed in the plan in terms of a new enclosure proposed. There's drawings for that enclosure, and and and some of the parking is located back there. And there's provisional parking and notes about how that works. But
I don't know if you guys got a copy of this letter. Yeah. Yeah. I I got the email from the, you know, the from you guys. Yeah. I first, I really apologize about them, received the letters. Yeah. And then after that, I go back to checking the, you know, all the downstairs area, the floor is driving, nothing smell, you know, good. I mean, everything's fine. There's the organized, you know, staff there. I think, yeah, I think it's the they took a picture. Anyway, I know it's non reasoned. So I think it's very special, you know, hot weather in the, know, couple day, you know, 98 degree or something happened. Yeah. Right. So anyway, we tried to doing better, you know, anyway.
Yeah. I mean, I went by there myself myself and and it it didn't didn't look as bad as what I saw in the Yeah. However
I think it's a very special day to Hatties, the Hatties Day that happened. Smelling no good or something happened. I think that
sort of the I don't know why Seems to me like the for the site plan to be or the CO to be issued that that part of the plan will have to be implemented regardless.
but I it has to be resolved by the time this whole thing gets Of course, it's the same. It's one part of our plan. We're doing better. Yeah. Okay.
Those were my comments last time. Right? Please. The area where the the dumpster will be, it's gonna be a a big dumpster. We're
gonna we're gonna redo that area, and we're gonna create parking spaces. And there's gonna be a closed section for the for the dumpsters.
out to Oh, the truck's pulling. They got a they're on wheels, so they gotta Okay. Yeah. Be rolled out. So they they did a a new plan. So you have I have it here. Yeah. So
I don't know. I think there's a couple of dumpsters that are gonna be in a smaller so right now, they have this enclosure right here. Right. And and the this is gonna be a like, that's overheating. Right? So we're use that part for parking and this part for parking. So Okay. That's gonna be a new enclosure. And they have plans for it. It so all of that will have to get completely redone prior to Yeah. The certificate of occupancy for the building.
Will there will there be any type of light in that area? Because I'm Pull the mic towards you, John. Yes. Uh-oh. Will there be any type of light? Yes. There's be lights out there.
I think we did get a lighting plan, and and there was lighting shown back then. There's gonna be a light pole back there. You need lights. You got the parking area. You need lights for that too. Yep. There's gonna be a parking area there, and there will be lights lighting up that area. There'll be lights for the cars that are parked there. Yeah. A parking there's gonna be a pole light. Okay.
This this was on the on the side plane that was approved. Right. This parking area. I I just
wanted to make sure because there were changes made, and I wanna make sure that the light is still there. When you take the dumpsters out, the cars won't have to move?
they'll have to be not there when the dumpsters get Yes. Usually, dumpster that, you know, is is scheduled on the morning before the way the restaurant open. Alright. Yeah. Yeah. Cars will go back into the same spots that they came out. No kind there. With each other. No. I I'm worried about parking spots on the street, and parking is pretty limited. If they move out early in the morning and stay there all day, they'll be taking up spots all day. So you'll
coordinate that to take the dumpster and put the put the cars back? I think in this area, dumpster area, the for the parking is for my employer. As we you know, we were running the open business around 12:00. So the last day is early around 08:00. So nothing bother that. Yeah.
So the drawing there shows, looks like, maybe one dumpster within that fenced in area.
Think it's right now. You've got you've got several back there now. Right? Need you need separate dumpsters for cardboard. You need separate dumpsters for waste. Right. And they're all gonna fit in there? Because you got several dumpsters already. Yeah. Oh, you fit four dumps. They're not that big. They're not much bigger than the stable. Okay.
Alright. I have some questions just about the balconies, if I may. If we go to the last page, Dan, proposed elevations.
So the question is about the the 1st Floor balcony. Will it extend to the edge of the building, or is it gonna come up short? Oh, 1st Floor
the 1st Floor is already built. I mean, it it there's a concrete roof there, concrete deck Right. Which is gonna be covered with a rubber roof. You're gonna put tape and insulation and rubber roof on it. Okay. But it looks like it doesn't come to the edge. The the wall that's gonna go around the balcony will stop short
The the Were you talking on the second floor or the 3rd Floor? The 3rd Floor is gonna come shorter. The 2nd Floor balcony. The 2nd Floor is 12 feet off the is 12 feet off the wall of the building. 3rd Floor is gonna be about that. It's gonna be from here
over here. So this this structure Supports the 3rd Floor. 3rd Floor, and it's it's it's not gonna extend as far as the 1st Floor Right. Balcony. The 1st Floor is basic balcony. It's on the roof of the the 1st Floor structure, extension here. And then they're shortening up the the 3rd Floor balcony. Yeah. Isn't that nice design? Couple of feet.
Didn't doesn't align with a different drawing on here, but that's okay. Alright. So on that same page, on the entrance to to the apartments on the very ground level Right. You've got a handicap railing there. Right. It looks like the entrance you'll walk up that that little ramp to enter the apartments, and you can either go straight ahead into the apartments, or you can take a right and go down the steps to that There's a set of steps.
There's a sidewalk that goes along the restaurant. We'll come up above those doors to the 1st Floor. There's a sidewalk, five foot wide sidewalk that goes goes to the 1st Floor. Yeah. So I'm just trying to visualize where the handicap railing would go. There's a retaining wall. You see the retaining wall that goes around where the steps are. You're gonna have steps going up to the parking area, and you have steps going down to that door to enter the basement. But there'll be a retaining wall that goes around that whole thing.
Yeah. Right. So you get to that kind of landing area. You can either go straight into the apartments or you can turn right and go down the stairs to the recessed
No. No. There's there's those stairs you see are much lower Right. Than the sidewalk that goes into the into the building. Yep. Those are on the basement level. The entry door is at the end of the sidewalk.
It's it's on this plan. You so this is this is grade, right, where you're coming into your 1st Floor. Uh-huh. This is below. It's some of this drafting is not great. So you're you're actually coming in lower. You know, this is this is coming out. So, really, this should be showing. There's connection here. Okay. But these are not steps coming up? No. They're actually coming up from the basement from below.
It's not drafted correctly, so I said, is the intention, I think. Okay. And it it it shows more in that in that section drawing.
At the base, but Dan's got right there. To the sidewalk level, and there'll be additional steps here up to grade. Yeah.
Can I can I get one more in? You can have a minute or what? No. The, the door, when you come down the steps into the basement apartment, how wide is that sidewalk?
The sidewalk? Four feet. Okay. So it's enough to get furniture in Right. Right. And everything else. If you if you look at the sidewalk that's at the rear of the building and you're walking towards was it Wayne Street? Okay. At the end of that sidewalk, there'll be a set of stairs that goes up to the parking lot. Right. If you turn right, there'll be a set of stairs that goes down to the basement door. Okay. The entry to the main building is off the parking lot. There'll be a sidewalk that comes right to the building. Alright.
South Riverside. Everything else. The handicap rails on top of the wall because it's about a six foot drop. Yeah.
That that that sidewalk is just about three foot wide. Right. And it's gonna be four foot at the bottom. Right. Right. So they how hard will it be to carry furniture? They carry is there a second way to carry furniture into that apartment?
Second way to get out of the apartments? To to carry furniture into it. Well, you can get you can get into the apartments from inside the building. Yeah. You can. A center center stairwell. We got the rear door. Right. And for egress reasons, we got windows with media egress throughout the whole Yeah.
And and right now, there's no apartments in the basement. Not Just to be clear. Right. Right. Right. So if they wanna do apartments in the basement, that's a whole another issue.
Was was that something I read? Or A handicap what? No. It's a handicap rarely. Okay. There's a there's a retaining wall between the building and the and the sidewalk. I I understand that. So we gotta put a railing on it so nobody falls off the parking lot. I had a grandchild yell on my ear. Okay. He want candy.
Oh, actually, this is a public hearing this year. Oh, we will open it up now. We have a discussion. Yeah. Yeah. Yeah. So we do need to open up a public hearing on this project. Eva, you wanna make a motion on that?
Second. All in favor? Aye. Okay. Is there anyone from the public that would like to speak on this project? Okay. Yes. Why don't you guys go back to the and let her come up and speak?
Hello. My name is Teague and Croton, and I live at 35 Wayne Street, which is about a 150 feet from that dumpster area and proposed parking lot. My dad is the one who wrote the letter prior to the meeting, so I'm just here to reiterate some of those points and concerns. So I noticed first that the dumpster site was cleaned yesterday with all of the dumpsters in the enclosure. And had this been the condition for the past two years that I've been living at 35 Wayne Street, the letter would not have been written, and this wouldn't have been an issue. However, as long as we can remember, this dumpster area has been not maintained at all. You can see from our pictures, this is how it's looked for the past two years. And this, I mean, I think these pictures were taken the day that the trash was taken out. So, normally, I mean, trash would be kind of thrown throughout. It would smell, like, really bad to the like, I would have to cross the street because I wouldn't wanna pass by it. And in the morning, like, I went to some one time saw vultures there as well, so that was a little concerning. And it's just not fair as a neighbor that this is, you know, a 100 feet from my front door. So with the addition of these new parking spots, I'm just a little concerned how, like, these dumpsters will be maintained because for the past two years, they haven't been. So I just wanna make sure that they're actually being kept the way that is they are today.
Well, hopefully, they're gonna be better than they are today because they are proposing a larger enclosure that is actually a little further away from where your front door is. And, Dana, if you can just show that part of the plan. And and that enclosure should be fenced and with a gate, and the the dumpsters should live in there all the time. Mhmm. They should never be out strewn about as you're Yeah. Describing them. So this enclosure right now, the the current enclosure lives where that sort of car is approximately Yep. Over there somewhere. And so they're planning to move it into this new location and and have gates on it. And
I it sounds like there's a pit or something like that planned to go in there so that Yeah. I had some questions about the seepage pit as well. I just wanna make sure that the dumpster juice is not, you know, getting to the environment, and that will also be properly well maintained. Yeah. And Either getting pumped out or I I don't know.
And and What's going on there? I don't have an answer for that. Yeah. This this this little concrete pad, the milk here is to slope the surface to the grate that's over the seepage pit. So that'll be, you know, treated subsurfacely in in the in the and there's no connection from here to the stormwater system on on Clinton And Wayne Street. So it'll be filtered by, you know, the the sand and gravel material that's in the ground. And the
and the the the plan for the larger plan for that is on one of those shoots also if you it is.
Top left. Is that all new? Is there no seepage pit there now? Nothing like that? It's all new infrastructure
That should improve the situation Uh-huh. Having that. And this is quite a bit larger, I believe, than the current enclosure. And I and like I said, farther away. Now in terms of this board doesn't do enforcement of of anything, really. So the the the sort of rules are that they really won't be able to open up their building until this construction happens and is in place as per this plan. So, you know, you can be relatively assured that it's gonna occur because they're gonna be motivated to do that if they wanna open the building. Now in terms of I think if you were to see ongoing situation like like what you have described Mhmm. That would be something that I think you would need to take up with, you know, code enforcement and and and just let them know that it's not not being maintained, and then they would deal with that. Mhmm. Unfortunately, I mean, we don't have any control over that as planning board. Yeah. But understood that it's an issue and has been an issue, and that's why, you know, the letter was written and we get it. And and now it's, you know, clearly been out in the open and brought to the attention of the property owner. And and I think that, you know, they'll need to take care of it. Yeah.
Thank you. Is that it? Thank you. Unless you have anything else. No. No. That was it. I just wanted to reiterate some of those concerns because as it is right now, it's not Legit. Yep.
you guys wanna have that conversation, you can have that later outside. If you wanna address the board, that's how this works. But if if you guys could feel like you can work it out, then I'm happy with that. We do have a if there are no other, comments from the from the public, we can,
have a motion to close the public hearing. A motion to close the public hearing.
Thank you. Second. All in favor? Aye. Okay. And we do have a resolution before us on this application. I think that I would like to see some kind of condition regarding the those what we talked about with the locations of the air conditioning units on the balconies and the screening relative to that, if we could get some language around that.
Maybe Adding the additional condition that the air conditioning units on this 2nd And 3rd Floor balconies, have proper screening.
And I I don't I really don't know that we need to address the the enclosure issue other than to say that it's part of I mean, to understand that it's part of the amended site plan and that it'll have to be put in place to to be for the, you know, C of O to be issued.
Since it's already in the plan since it's already adequately in the plans, nothing needs to be added to I don't think so. And I think it's
it's already part of what's been proposed and will have to be done as part of completing the site plan. You got anything else? No. Okay. Somebody want to make a resolution? Motion
to approve the amended site plan application for 352 South Riverside Avenue with the additional condition that proper screening be provided for the air conditioning units on the 2nd And 3rd Floor balconies.
Alright. So moving on, we have a new business item, Richard Duggan, 49 Van Wyck Street, Accessory cottage application.
Hi. How are you? I'm well. Thank you. Good to see you all again. I was here four months ago where you granted me permission to re permit an accessory dwelling unit that was active in the nineteen eighties. I got the building permit for that. I'll be calling Ron for the CO because I got the second I got the window put in today to provide the second exit out of the bedroom. That one is well underway. I am here today to ask for approval to go ahead with a second accessory cottage, a second accessory dwelling unit in an existing carriage house that changes nothing on the exterior with the exception of one window being added for which I have an active building permit to do everything except the kitchen, for which I've turned in the plans that are in front of you now that show not only the addition of the kitchen, but some additional requirements on exiting and fire separation. I'm actively working on that now. I appeared in front of the zoning board and came with, I think, five letters from neighbors, in favor of this second ADU. It has minimal impact on anything. There's no exterior changes to the building. No structural changes. I'm sorry. There's one one exterior window will be added to create the necessary daylight requirement, but that's on the the wall facing the Brook And Brook Street.
I stand ready to answer any questions. It's it's pretty straightforward. I I recognize that one is allowed and two is the ask on the ADUs. But the five requirements of the zoning board of appeals were met, and I've got support, and I've got a you know, the the base house itself is 6,250 square feet. I'm not increasing anything. I'm not increasing floor area. I'm not changing any setbacks. Virtually an invisible change, but a use that I need this board to approve, please.
So I know, John, you were questioning whether or not the code would allow Right. To have more than one accessory dwelling unit on a property. Right. And I think as of right, it does not. However, the in the resolution here, Steve pointed out to me, I wasn't at the meeting. But the zoning board of appeals, which is another board that is able to grant exceptions, if you will, to the law and the code, has has actually acted already and given mister Duggan a a variance, which is that's in the draft resolution. It's a third whereas clause. On October 26, the applicant was granted an area variance from the zoning board of appeals to have an additional accessory dwelling unit cottage and in addition to the accessory apartment that we approved prior. So
I think at this point, it would be almost moot of us to. Well, would would that mean that anyone who in the past was told that they couldn't have two, are they open to coming back and having a second one? Not from us. Not from But from the zoning board. If they were go if they were to go to the zoning board,
I believe that they would be able to seek relief. And and and if they if it was granted by the zoning board, that that that that would then ultimately be allowed. Why are we even
talking about doing it when people come in if we're not gonna have the authority to enforce rules that we thought were in effect? But it should go to a different board, let them take it, let them make a decision, and we'll be stuck with the answer that he gives. You know, I spend my time here. Right. And we all do. Not just me. We all we're we're diligent. We try hard. People come in. They wanna do this. They wanna do that, and we we work with them. And then someone else comes in, serves our authority or to me, he serves our authority and tell us, yeah, you can do what you're doing. You're doing a great job, but we'll make those decisions for you. I I don't think it's right. So, I mean, you got the permission, and it's legal, I guess. It's all good. So that's the way it is. But I I don't appreciate it. So,
John, I I I watched the zoning board meeting Richard Duggan appeared at. And the ZBA's take on this was that this was a unique property in that the second accessory unit would be well behind the the original building. It's part of a garage, a second story of a garage. And in fact, I think we have a square footage requirement that the accessory cottages or accessory apartments do not exceed a certain number of square feet as a percentage of the whole building, of the original residence. Right? So if you take the square footage of the accessory cottage that's above the garage and the accessory apartment within the building, it's still much less percentage wise than the requirement that we have for an accessory unit. Think I'm explaining this. 40%. Yeah. Yeah. So the ZBA looked at it. They they granted an area variance, which is pretty hard to get. And it's a higher standard. And they looked at it, and they they considered it a unique property. They looked at some of the letters of support from the neighbors. So I'm kinda speaking for the ZBA, but I'm just kinda reporting what I saw at the meeting and how the logic came about for for approving that. And, yeah, in the future, could somebody else request this? Yeah. They'd have to go to the ZBA, request an area variance, which has kind of higher standards to get a pass. And they'd have to make a pretty strong case and have to likely have a unique property like Richard Duggan has to have that fly.
I I I understand thoroughly. I just would appreciate it maybe they could have come mentioned to us here, to me, you know, to all of us what their thoughts were rather than coming to a meeting and finding out that what I say doesn't matter as much if there's unique circumstances. Mhmm. I I think everybody coming here has unique circumstances. But so I I've I'll vote to approve it. No doubt about that. I don't feel good about it. There's nothing to do with you. Nothing to do with you. You're you're building the place, and congratulations.
I'm glad you're you're saying that that area variance is difficult to get and that this would be unusual because I think one of the things about the accessory, the ADUs and accessory cottages is that they're limited. Right? They're limited and so there's it's a it's a to the people that build them. That's why they wanna do it. So it does seem more fair that everybody that more people should have a chance to to do them, right, to build them. There should be, in general, a limit of one. Yeah.
And the zoning board is considering the specific circumstances of the application. Right? So the rear building was there, It happens to be a two story building. It was built a long time ago. Yep. So it's a larger property. You know, the parking is there. Mhmm. For a large portion of time in the past, this was a bed and breakfast. Mhmm. I think a maximum of four bedrooms could be rented out. So that was a, you know, much higher, you know, intensity use of of the property. Mhmm. Most like a, you know, commercial use with with five units being rented rented. And then it had the accessory apartment in the basement. So that that one gets put back. Board approved that. And then the zoning board did grant the variance to to have a an additional ADU in the garage on the 2nd Floor, the cottage in back. So it it it it is a special and and the house is large, you know, large square footage for the house. So it's not like, you know, someone in Harmon gets an EDU, say, for for the basement, and then they're gonna ask for a cottage in the backyard. And the zoning board is just gonna be approving them, you know, one after the other. That's it's a application would have to be made, but I think that's a lot tougher
application at the zoning board. Yeah. I I know the property is certainly unusual in our in our village. I I agree that most most properties are not gonna have the the place or the means to do to. I certainly see that. Yeah.
I do have a few questions for you, Richard Duggan, if don't mind. Is there a new sanitary sanitary sewer going in as part of this?
There's a sanitary line that comes right to where that cursor is now that's existing. And I have trenched and extended that line into the building so that, what comes out of the main house now has another feed coming from the garage, carriage house, cottage, that's been inspected and installed as shown there.
have put the pipe in, had it inspected before I backfilled it, and backfilled it. Yes. I'm not connecting to the street. I'm connecting to the existing line that's on Got you. The property.
Alright. On the 1st Floor, you had a studio, I guess, and some storage. Does that remain as a studio and storage?
1st Floor will have a garage to the left, and it'll be an access way to the stairs coming out of the cottage apartment upstairs and storage. Yes.
Okay. So no no residential use of that 1st Floor? No. And to enter the apartment,
can you go through that front door, or do you have to go around the back? Either. There's a pair of French doors on the Yeah. Street, the front side. It's not on the street, but it faces in that direction. Right. And there's a sliding door out to the backyard.
And does the storage go with the studio, or is the storage separate? Separate? Is is that space There's part of the what the studio has access to?
The cottage will walk through the storage area to get out in an emergency. Uh-huh. So it'll be always clear. They'll probably use the back door primarily to come and go. Uh-huh. Okay. Because they'll get the parking spot that's to the south.
Right next to what? Show it again. The parking space is It's the shaded area where it says Right to the left. Next to. Yeah. Right there? Yep. I see. Alright. So then they're just popping around and going in the back door right there. And then my wife gets the garage spot, and then we're more in the driveway. Right. So you have the whole Bottom Floor, and they have the Top Floor? Yes. K.
And and, yes, it was a bed and breakfast at one point, many moons ago. Is it still permitted as a bed and breakfast? No. Or that ex
No. What I understand is the long battle of it being a bed and breakfast and that first apartment that you approved, they were both authorized in the eighties. Yeah. The apartment permit expired in '86. The bed and breakfast continued into the 02/1968. Some people say they've stayed there as late as that.
It is no longer. That was three owners ago, four owners ago. Okay. And it is not permitted. I'm not sure it was permitted when you stayed there. I have not been through the entire file, but it was pretty complicated and messy. And and there's there's no intention of doing that nor permission.
Okay. Can I ask one more question? Anthony. I I noticed on the print the parking garage will be active. Will there be a car in the garage?
I I noticed on the on the print, there's an exhaust fan for the bathroom on the 2nd Floor. Is there some way to exhaust the the garage outside in case the car comes in? We've had cases where people left the car running and went to bed. Is there some way to overcome that? Do you have an exhaust fan to get out?
Just for safety. I do not have any plans to put exhaust in the garage nor do I know of a code requirement in a residential garage. Just a safety thing. There there have been incidents and I can tell you that nothing on this property is level, so I've got pretty free air exchange around all windows and doors. Okay. The carriage house and the main house. There's not a level floor in it. Alright. So, and there is a window in the garage on the south wall. So there's enough air leakage, and we're not gonna leave it running.
May I make one more comment? Please. I've seen the draft resolution. Yep. I agree with everything on it and have a comment on item six if your intent is to put a number in that blank. If your Parkland fee in lieu of is zero, then I've got no comments. If you are going to suggest something, then I've got, I think, some countervailing arguments that might weigh in my favor. Yep. Well, I'd be interested in hearing them.
ADUs are considered gentle infill housing. It's not the subdivision. It's not gonna put a big demand on anything. This is a one person apartment, make that a one bedroom apartment. ADUs are built usually to provide housing for family members, seniors, workforce housing. This is not an income investment. It is my son's moving in there, and I know that that is not a requirement that's gonna survive me and the property, but this is very convenient for a family member rather than outside the family. I understand from the village comprehensive plan and from the village being recognized and designated as a pro housing community that it just feels like imposing a park in lieu of fee in lieu of dedication kinda goes against both the comprehensive plan and against the pro housing designation that's been achieved, because the fee from the master fee schedule is pretty stiff and is a discouragement rather than an encouragement to provide housing, which was one of the zoning board considerations that, you know, adding to the tax base, adding diversity, adding more housing for people who can't afford the new ones at the end of the street,
it makes sense to not charge a fee is my argument. So I think that's a solid argument. And I'm glad you made it because I think this board agrees with you. And we're actually have been talking about putting a memo together to the village board to soften at least or consider softening that master schedule for ADUs because it does seem like it's a little bit unfairly applied as well. Because if you have a accessory apartment, there is no fee. And if if it becomes a cottage, then there is a fee is the way that it's kind of laid out. And we don't necessarily feel like that should be there. And I think zero is the number that I would recommend for this application.
But you make a good point there as well that we hadn't previously discussed, which is Agreed. That's why I the thought of the village in promoting these and the is counter to the charging of the fee. Discouragement almost. Yeah. It's a good point. I can leave you my argument sheet if you'd like.
We'll take it. Okay. So, yeah, just one more point on that. And that is that I went back to look up the law that was passed that added this particular fee, this recreation fee, in the past year. And one of the criteria is that it it's gonna increase the population, and, therefore, these additional people that are gonna be residing are gonna need some recreational resources to partake in. This is a one bedroom unit. I I can't imagine it's gonna create some taxing of our recreational resources. So I agree with Rob on that.
Oh, yeah. There you go. Oh, yeah. It's kind of self contained and for the people who live there and not really open parkland, but it's got more land than almost any other lot in the neighborhood and a swimming pool. Okay.
Well, thank you for that. I think it was well well spoken. All right. So we want to make a motion? Yeah. I can do that. Thank you.
Okay. So a motion to approve the accessory cottage permit for 49 Van Wyck Street. And in reference to condition number six, finding board finds that due to particular factors associated with this application that a fee in lieu of Park Land is not required.
Second. Is that a second? There was a second. Okay. All in favor? Aye. All right. Thank you, Richard Duggan. Thank you very much, and, look, good luck with your project. In my argument list. Oh, there we go. Thanks thanks again. Alright. Where am I? Here we go. Next item on the agenda is a new business item as well. Croton Riverside LLC 25 South Riverside Avenue, amended site plan for three story multifamily building.
Good evening. Good evening. Good evening. It's been a while. It's been We've been busy. Oh, wow. What year did we get the approvals? 2022. It's been a while. Yeah. Dan, we have boards for an easel, but are are you gonna drive up on on the overhead? Or do you have some place we can Yeah.
Yeah. Home audience. Yeah. So if you guys can just state your name and address for the record, that sort of thing.
Great. Are these the same, Dan, as what you have in the package? Alright. So then let's put them on the screen too so that they're available. Please.
Thank you, Dan. You did all the hard work. You already highlighted all the areas.
They're gonna be modified. That's why we're gonna miss him so much. You're not kidding. So,
anyway, so thank you for that. Thank you to board. We made a few minor changes or improvements to the site in the front related to retaining walls and planting. First, I'll go over the retaining wall and geometry to kind of give you an update what's been going on there. At the northern end of the parking lot or the open parking lot there, all we did was change a little bit of the geometry at the very northern end. We added a catch basin uphill to capture all of the water coming down from the steep slope at the northern part from our neighbors. And pretty much on the on the southern end going where the second highlighted area is, that was more angular before we just rounded out the the wall. The height of the wall, planting on the wall, everything else remained the same. But we while we're coming here tonight, I figured it would be worthwhile to mention, of course. The second area, if you recall, I we never I didn't print the prior plan, but where the ADA ramp used to be, right down there. We had a huge concrete ADA ramp that ran down the length of the building from the main entrance to the northern boundary of the parking lot and pretty much did a switch back and came back to the front. Thank you, Dan.
You'll see it in a minute.
Keep going. I think this one Yeah. The one. That's not the The other one. That's not the Got flipped over. It got flipped over. So what happened, it went because that's the DOT right of way, right, it kind of the property line does say dog leg there. The DOT required us to put the handicap ramp right where where Dan highlighted currently. Anyway, it was a massive concrete ramp along the entire front of the building that made a switch back. It literally went from grade to almost 10 feet above grade, so it would have been a huge concrete mass. We decided to get rid of that, and we were able to put a lift, automated lift in that doorway area, if you can zoom So where the doorway is, we now have a lift going from that platform up to the 2nd Floor. We removed I mean, up to the 1st Floor rather. We removed the entire handicap ramp and replaced that all with planting, which I'll show you on the landscape plan when Dan flips to that. Looking at it from the front before, that would have been an entire concrete mass, the entire northern to the northern boundary of the of the property or the building. Currently now, that entire area is gonna be planted. There won't be any concrete there anymore, so it's gonna be all landscaped. Yes. So before, the area to the north where Dan's Cursor is, that was all concrete ramp with a switchback. It's now been removed, compressed, walkway to the front door, to the lift. So you take that walkway from the front of the building, walk up the steps, take a lift, come up one level, and the entire area to the left now is planted with landscaping and turf.
That's the major We also have the stairs on the right there. Correct. And then we got continuing. That was a major change and then off to the right. Dan, if you can go back to the site plan, the architectural plan. You. To the right, we made a modification to the entrance here. We actually put a landing coming out of the stairs, coming out of that stairwell and then a couple of stairs coming down to accommodate the grade because we wanted to keep or had to keep that grade flat for DPW to come in and access a couple of manholes for maintenance up top. We, if you recall, we basically routed all of the sanitary and storm that came through the middle of the building around the back of the building, and now it comes down the southern part of the property. And in order for DPW to get in there with a truck, we modified the grade there, but there are manholes, thank you, right there. There's a sewer line that comes out. So we made it accessible for DPW to drive their truck in, and be able to clear out those manholes if they ever have to service them.
And then in the back of the property, again, back was very, very minor. We changed the geometry of the wall. First, we made it curved instead of angular like it was before. Prior on the prior plan, we had that tiered wall coming along the entire back. We stopped the tiered wall short of the outdoor patio and created more of open space in the back so that the folks that have the outdoor patio at the ground level have a more clear air and light area at the rear of the property. And it also allows us more room to get a maintenance vehicle back there if we had to.
That's it. How much room do you actually have between that fire stair and the wall at that pinch point on the right? So
I mean, it's a little more I think it's a bit over eight feet or nine feet. Nine feet. That's really for landscape Right. Equipment to go back there or small. There's a dimension right here.
That's probably not The pinch point's a little bit less than 10. It's eight foot something. Eight feet. Okay. That'll
Okay. Oh, and we put a set of stairs in the retaining wall also. Again, predominantly for DPW, so they can climb up the steps and get to the two manholes that are at top of that man at retaining wall. That's it. Okay.
So Ralph, on the changes to the wall, does that require you to go back and do calculations did. Regarding
physics? We did. So we changed it it actually the wall wound up decreasing in height in a few locations because of the grade, but we had the engineer redo all the calculations. I submitted them to Dan. He has the updated drawings that are stamped, approved by the engineer with the calculations.
And that entire wall has been third party inspected the whole time. So we have a third party engineer that's been signing off and inspecting the wall while it's built, and Dan already has that package. Excellent.
coming to the building, what's the flow? They come into the the visitor parking lot? How do they get over to the So there's two ways. Right? I mean, if if it was maybe easier way, they would I mean, if they can come in through the front because of access requirements or code requirements, we have to have a main entry, a way for them to get into the main entry. We pull up to the building, pull right in and open up that door. There's a key in that door. You open up the door. You hit it's like an elevator. It's basically an outdoor elevator. You go in the elevator. That lift goes up one level. The door opens up and you get right out on the opposite side. So you don't see it, but there's a door at the bottom. But when you get to the top level, there's a gate that opens up automatically and you basically wheel right out. So you get into the front lobby from there. If they pull into the parking lot So if they pull into the parking lot, you know, so if you were a guest of mine and I lived in in the building, I would bring you into the parking garage because the parking garage is right there. And into the parking garage, we have handicapped spots there. It's all on grade, and the elevator is right there in the parking garage, and you would go up the elevator. So there's no gates going into the parking garage? Well, there's a gate. Yes. There's a controlled gate there. So again, you'd have to be either a resident or a visitor of a resident to let you into the parking garage because the parking garage is not open. The outdoor parking deck is open or the outdoor parking lot is open. But to get into the garage, you have to be with a visitor or be with a resident or, you know, be admitted by a resident. So if they end up parking the surface parking lot, not underneath,
So if they were if they were going to the outdoor elevator, you go right out through the driveway. So if you park there, you come out through the driveway. The driveway has is that great with the sidewalk. So drive the driveway apron's already been installed with the sidewalk. And you would basically go right to the front door. Okay.
And they and you really have to do that because the main entrance has to be accessible. Accessible.
Right. It's not it's it's just a It's a code thing. Right? Like I said, practically, if you were a visitor, you would go through the garage.
That would make all the sense in the world. Right. I mean, the if you were a handicapped person that just was happening upon the building, then you could go in the front door. But it does make sense that you would actually use the garage if available because you're going to go right into an elevator to Right a into a unit. Right.
I mean we've got an unrelated question, somewhat unrelated, but you're getting close to completion and filling the units and understand that is part of this with 39 units, 10% are affordable. How is that gonna work out with the, I guess, four affordable units?
How will you be marketing those? What what happens with So those four are for sale. Right? They're they're condos. They're gonna be sold to folks that earn no more than 80% of the Worcester County AMI. Are required under your code. They're required to go through WRO. So WRO, Worcester County WRO is doing the marketing of those units. We already signed the marketing plan with them. We got the approval, the condo approvals for the building about a month ago. It's currently being approved by the county, which we should have any day now. And then WRO is gonna be taking lottery. So lottery entries, whoever's interested, we're gonna post it on the website. We're gonna post it at the site. Whoever wants to apply, they apply to WRO. It goes into a lottery. The lottery will be, I think, drawn the end of October, beginning of November. And then what happens, you know, there'll be many applicants and they have to all be screened for income and credit income, ability to pay for the apartments and maintain them. And then we'll be going through those and picking. And all those are one bedroom units? No. There's three one bedroom and one two bedroom. Okay.
And do you have approximate prices on those? They are. They're they're published. The
one bedroom currently is about $3.19, and the two bedroom is like 399,000, just to be clear.
We're going to have way many more applications if you're going careful about that.
I I I had two questions. You have the answers are gonna be very easy for you. The the chair lift, the handicap lift, I know nothing about them. Is there a weight restriction on them?
I imagine there would be. I don't know what it is off the top of my head, but Okay. It's You you you thought about it so you can take it. Well, they're compliant. Right? They're they're code compliant. They're ADA compliant. So whatever that is, I think it's no less than 500 pounds. It's probably more than that. That might that might be close. The
second question is on eight two hundred. What is the height? I I guess that's an elevator room at the top of the building. I see that there's a measurement that goes through it, but not to the top. I'm just curious. What is the difference between that line and the actual top of the roof?
So the roof the top of the bulkhead relative to the top of the roof is roughly about 10 feet, more or less. Okay. You know? And Thank you. And and the well, in the answer to your question, the top top most of the elevator shaft, the elevator has, like, two more feet for overruns, so it's probably 12 feet. No. I didn't see it on the print, everything else is measured very nicely. Right. I gotta tell you, it's a nice looking building. Thank you. It'll it'll be nicer when it's complete.
Can I ask about the facade? Do you do you have a picture there of the the front that you can throw up for us, Dan? Yeah. Right. So there's now that large expanse of concrete all along the front right below where the entrance is going to where the front entrance is. Correct?
That's going to be it gets backfilled Will that be filled? Yeah. The grate is tied up, right? So we're back Where's at the grate going be? It's going to be about three to four feet below the 1st Floor elevation, the grate. And that also is going to be all planted. So by the time the bushes and the shrubbery is in there, it's really you're not going see any of the wall. It's going to be a slope. Is there going to be another retaining wall or just There's a retaining slope wall to the left already and there's a small retaining wall on the right. But on the left hand side, this was not a very good drawing. But on the left hand side, there's a retaining wall to bring that grade up and flatten it. You can see it on the plan view. You can see it on the plan view. If you look on the plan view, you'll see the retaining wall. Yeah. Alright. And then that whole area is gonna be planted, is that what I would say? Right. You know? Yep. Three or four feet down from where you see the balconies, it'll Yeah. It'll roll down to the sidewalk elevation. So this entire area in the front, you're from the building down to the sidewalk. It's roughly just so you know, the distance between the building and the actual sidewalk is about 20 feet, 22 feet. So it'll be a fairly steep slope coming down. Not really because we're talking we're going from Elevation 21 at the sidewalk at the building. We're talking 32, 28, 27 to 28 at the building. So come down seven feet and 20 feet? Feet and 20 feet. Yeah. Uh-huh. It's pretty steep, but
Well, the village, since since we get started with all of this, has retained a planner to as a consultant to us and the village. And and they were asking for or she, Valerie, I don't know if you've met her from Nelson Pope, asking about engineering drawings of the retaining wall and a revised zoning table. And so and Dan said that he just pulled them up and that those have been provided now. Yeah. So I think we're in good shape there. And then based upon La Bella was retained to review the retaining wall plans. And her question was, have they been involved in the retaining wall changes? And if so, a letter from she's recommending a letter from La Bella be provided approving the modifications. If not, then a letter from the applicant's engineer certified in the wall is structurally sound to support the proposed construction. I think We've already provided From this point of view, either of those would be acceptable. I just wanted to let you know that that was submitted to the village and I think needs to be just addressed.
Top letter is already been provided. But the write has already been provided. So the info has already been provided to Dan and the updated drawings that are stamped by the professional engineer with the changes noted on. Okay.
Sounds good. And then I got a copy or we all got a copy, I guess, of the memo that you provided to regarding a meeting with the neighbors and some plantings that are being discussed or proposed. And maybe you could talk us talk us through sort of how that went down and and It went very well. We actually had a meeting I had a meeting this morning Yeah. With the two neighbors in the rear. So
pretty easy to discuss. If you look at the property, well, NS, shook, it's the middle one, Dan. The 50 foot wide one that's Right above tree. Yeah. He was just showing us there. Right. So mister, he has 50 feet of his property or run parallel to the back of of our wall. What we're gonna wind up doing, there's actually a tree treatment easement back there. I didn't realize it went that far, but that's good because the discussion I had with him this morning, we're going to plant between eight to 10 foot tall arborvitae along his property line, but on our property side of his property line. That will provide him screening. Mean, ironically, it's gonna screen his entire backyard where he won't be able look beyond it because they're gonna be eight to 10 feet tall, but he's more concerned about being on the 2nd Floor deck and looking down in our roof. So we measured off of his deck looking down at our roof and determined that eight to 10 footers would be ample screening not to allow him to look at our roof. So basically, our our top of our roof, our building will be screened from the 2nd Floor balcony, but he'll still have river views. And he knows he'll have to come and trim them because they grow fairly quickly and aggressively, and that's set. But he's set because he has an easement to be able to do that. Correct. Correct. So Yeah. That should Well, that easement is on the list property. Right? Well, no. It's on our property, but it it I didn't realize it bordered his property as well. Part of it is on this. I thought it was the other way. I haven't looked at it in three years. I thought most of it was on this property and less on him, but it's Looks like it's the whole backside of his property. Yeah. So backside good of his property because he can Control that. Control it. Okay.
And then So he's done. And then mister Leis, he wants something a little bit different. He doesn't want the trees at the property line. We agreed to put trees, same thing, between eight to 10 or even bigger, between 12 to 14 foot tall arborvitae down along the curve so that he is screened. He doesn't mind looking at the building. He just doesn't want to be looking into people's windows from his property when he was on his deck. So we determined that about eight to 14 foot tall arborvitae along that curve, just, east of that easement, Dan. So where the sewer easement currently is, that whole area is natively brushed. There's we're not planting anything back there. It's like wild. We're gonna put a little bit of a berm there to increase the grays so we can plant the trees in the berm and give it heights so that he's not looking directly into the back windows, and they're not looking at him either. So so our action tonight is really a
to call a public hearing for the next meeting. Yeah. And so I would ask that you guys could memorialize that in some kind of a plan so that Well, I already emailed them both today, both of the neighbors,
And I'm happy memorializing the conversation that we had Yeah. And asked them if there was anything that I misunderstood to reply to my email. And I can give you copies of that if I would just say, let's put it on a plan. Like Put it a plan. Those trees are. Well, it's a little it's a little the reason why we didn't put it on a plan is because we agreed that once we get the trees and put them out there, we would adjust the location of the trees to suit them. So I kind of wanted to I think that that could be a note on the plan that that allows
Okay. This was the original landscaping plan. So there was plantings back here. Right. So I think these plantings are gonna they're these are in the They're gonna change. Right? Yeah. They're gonna change. So they're being moved up. So those
by paint right. Are being moved All the way up to Hosseini. The way up. And the other ones are pretty much staying where they are. So I think if you could diagram that for for the next meetings just so that, you know Okay. It's it's it's in it's in writings or or in a in a diagram somewhere. Okay. And and and I think, you know, having having some note or clause that says Mhmm. You know, that there's latitude relative to this is an agreement really between you guys in term you and the neighbors to Yes. Make you both happy. Okay.
And, Ralph, the, rooftop deck, is that on the southern portion of the building? Yeah. Southern portion. So these trees would would help, say, mitigate any any view of that? Yeah. I mean, more for mister Tames.
Mister Leis is really not concerned about the rooftop deck or looking at the rooftop deck. His concern was more about, again, the windows on the side of the 2nd And 3rd Floor. He didn't really care. I mean, the roof is going to be, of course, wonderful and spectacular, so he didn't care looking, getting a view of the roof.
Anybody else have anything for tonight? No. Okay. John, you wanna make a motion for public hearing for the next meeting?
I I would like to make a motion there to have a public hearing at our next meeting on was it 2025 South Riverside Avenue?
Alright. All in favor? Aye. Aye. Alright. Thanks, guys. Thank you. Thank you.
Okay. The only other thing we have on our agenda is approval of the minutes from nine to two thousand twenty five. We did have a comment on the bottom of page two. Just seems like that was a thought that didn't actually get completed.
So I wrote some proposed wording for that sentence. So that sentence now reads, word a small amendment to the village board asking them to soften the fee for the two bedroom car and center. What I'm proposing would be the planning board asked the engineering department to draft a memo to the village board asking them to reconsider recreation fees
have just a theme right above it there, just above approval of minutes, that last sentence. The applicants got an agreement from Harmon Daly owners. They can do the work. They do as built plans, then they will do the easement. Can you specify who the theys are? Who's doing the the applicants are doing the work. Who's do
Yeah. Kids are doing the Asmode plans, and the applicants are doing the easement, I believe. I
I got some proposed wording there. Okay. The applicants got an agreement from the Harmon Daly owners for the alley easement, allowing them to proceed with the alley work. I'm leaving off the bits about the as built plans. So it read that sentence would read, the applicants got an agreement from the Harmon Daly owners for the alley easement allowing them to proceed with the alley work.
Yeah. I I think we need to do talk about the easement, though, that that they and then and then they will what is it? File the easement?
Yeah. At the end of day, they're required to do an as built survey so they have exact, you know, information.
The surveyor can show the easement area, and then the attorney's gonna write up the easement agreement.
Okay. Their attorney. Yes. And it gets filed. I think that I think that's worth putting in there. Alright. The and then provide as built plans, did you say? Survey. Survey. Survey. As built survey.
Okay. And the easement agreement will be the final easement agreement will be filed with the county clerk's office.
and infills, there's gonna be a need for more and more easements and, you know, cross easements and
I'll make a motion to move the minutes. Second. You can second. You can vote for it. I alright.
So have we come to a decision about how we're gonna move forward relative to next meeting? Ron, are you gonna be sitting over here, or is that how that's gonna work? I think Are you gonna do the ZVA as well for the time being? For the time being, that's the way it looks. Okay. So I figured I'd Double duty? Sit in on this one? Get
my preview over here. Yes. So, yes, I'll be I'll Dan's assistant, and I will be taking a seat for a while whilst we find another person to fill some juice.
The planning meeting consultant. Introduce that that Valerie is the new planning board consultant that wrote that memo regarding the previous application.
Yeah. It's Nelson Pope as our outside planning consultant, which we've never really had one before other than on an as need needed basis. But now it's gonna be a sort of a more of a regular thing.
And it's to be very helpful when the Board is reviewing the special permits, right, when they come in. And there's a secret review and LWR procedure, all the paperwork, all the additional reports and stuff. So Valerie is going to help the board out. And just same thing with the village board. The village board had hired an AKRF to help the village board through the special permit process and secret process, make sure that was done correctly. It's just the board will have outside help. And you know, we need it. We're gonna need the office too. That's, you know, a lot of extra work that we can't do. We'll be working with Valerie to kinda do that And the the new village engineer Right. When hired. When hired.
Well, we're gonna miss you, Dan. Thank you so much for all of your efforts. And, you know, it's been it's been an unbelievable pleasure for these last, however many, twenty years or so. Lot lot of stuff went through the board. Lot of stuff. Yeah. You've done an excellent job and been an incredible public servant.
That's what I For the small little stuff to the larger projects. Yep. Been a joy. Thank you.
We had the village manager asked about changing the meeting dates in the beginning of December. I don't if you saw that. Yeah. Second and fourth Tuesdays. So maybe when we get everybody here, we can talk about that. Okay. You mean permanently?
Permanently? What was being suggested. Okay. So there's a there's a conflict for me with the conservation advisory council and for Steve as well because that is the second Tuesday of the month.
Karen Is it draft? Drafted it. Have to look at it, and we'll we'll get that back to the planning board. Perfect. We'll circulate it. You know? That sounds great.
I saw that email. Thank you. Which is not currently a planning board night. Right.