D R A F T
VILLAGE OF BREWSTER
PLANNING BOARD
REGULAR MEETING
January 24, 2007
MINUTES
Present: Chairperson Christine Piccini; Board Members: James Bruen, David Kulo, Mark Anderson.
Others present: Paul Pelusio, Village Engineer
The Pledge of Allegiance was said and the meeting was called to order at 7:35 p.m.
III. Housekeeping
Accept minutes of:
November 30, 2006 - Regular Meeting
December 12, 2006 - Special Meeting
December 14, 2006 - Public Hearing
December 14, 2006 - Regular Meeting
November 30, 2006 - Regular Meeting minutes are accepted. Richard Stockburger moves to accept minutes, James Bruen seconds, all in favor.
December 12, 2006 - Special Meeting minutes are accepted with changes of 1) minutes title to “Special Meeting”, and 2) correction of engineer’s last name to “Pelusio”. Richard Stockburger moves to accept minutes, Mark Anderson seconds, all in favor.
December 14, 2006 - Public Hearing minues are accepted with changes of 1) minutes title to “Public Hearing”, 2) correction of the start time of the meeting to 7:51 PM,
3) correction of those not present to include Board Member David Kulo, and 4) correction of public speaker’s last name to “Gress”. Mark Anderson moves to accept minutes, Richard Stockburger seconds, all in favor.
December 14, 2006 - Regular Meeting minues has been tabled to next meeting. Minutes incomplete.
IV. NEW BUSINESS - Village of Brewster Waste Water Treatment Plant (WWTP)
Subdvision of Lands of The City of New York.
Paul Pelusio, engineer representing the Village of Brewster and the Board of Trustees, applicant. Mr. Pelusio starts his presentation.
For the record and clarification, the City of New York is the owner of the parcel. The Village of Brewster Board of Trustees is acting as the applicant for the subdivision.
There is an existing 20.08 acre parcel of land adjacent to Marvin Avenue which extends down to the East branch of the Croton River and extends beyond the river at certain points. The delineating boundary between the town and the Village of Brewster is also commencert with the property line along the river. Therefore, not only is this the Town/Village boundary line, it also defines the parcel which we are referring.
The parcels are being subdivided into two parcels. The first parcel we are referring to is Lot #1 which contains the WWTP and all the pertinent equipment. That parcel, under this proposed subdivision, will be approximately 2.2 acres with the balance of the land remaining with the current owner, the City of New York. The drawings which give all the details of the plan have been submitted. The WWTP has been constructed and is up and running. All of those details are shown in the following drawings and the drawing set.
The only thing that is not shown on this drawing is a 35 foot access easement that extends across a spur of land which will allow people to move in and out.
There was an issue with DEP, who is the owner of the property that this is on. There is a request for an access easement across this spur of land right here. The Village wanted the entire boundary to extend to the end of the ___pipe, which is why you see this extending the way it does.
The fence line is approximately 37 feet off the edge of the proposed lot. Mr. Pelusio shows the Board the point on the gate measuring 37 feet 2 inches, to where the easement will end. Which will allow passage across. The access easement will be entirely outside of the fence line of the WWTP.
The easement will will be granted by the Village back to the City of New York.
Whatever usage it currently has and whatever uses the City wants to have will remain the same.
David Kulo: What are the physical characteristics of the area where the easement will be? Paul Pelusio: Currently, this has been grassed off and the outflow point from the Plant is buried under ground.
James Bruen: Is it a matter of getting an easement through to these lands or a matter of a permit to use? I think of an easement as a particular area cut out where NYSEG can run through or I can walk through. Is it a particular area that they are allowing us to walk through or are they opening up the site as an easement to use as a pleasure walkway.
Paul Pelusio: This easement allows the City of New York to come across this piece of land, because they will no longer own this piece of land. So it allows them for whatever use they would currently want it ...Mark Anderson: So a fisherman or a walker is not going to be told not to trespass? Mr. Pelusio: If the City of New York is not telling them not to do that now they wouldn’t be telling them to do that in the future. The easement is in favor of Lot #2 which the bigger balance of the parcel. It states that you can have access across this piece of land which will be conveyed to the Village.
Chairperson Piccini asks Mr. Pelusio if there anything else that he would like to present at this point in time or is the Planning Board back to asking questions?
Paul Pelusio: That is the only substantial change that will be made between now and the next Planning Board meeting. That the easement will be shown on the plans.
Mr. Pelusio gives the Planning Board copies of the proposed subdivision plat and the application form, both signed by the owner. He leaves 10 copies of the signed proposed subdivision plat with the Planning Board for their record and to be distributed amongst them.
The Board members discuss the the passive park and questions regarding the boundaries.
Chairperson Piccini: To close out the presentation; the whole reason for this subdivision is so that the City of New York can convey the land that the WWTP sits on to the Village of Brewster.
James Bruen and Mark Anderson have concerns that in regards the process of the process of the subdivision of the passive use that the Village Board/Village of Brewster is approving this subdivision without the DEP/City of New York releasing the rites to the passive use for the area being presented tonight. Paul Pelusio answers that as far as he knows the two issues are somewhat divided. There was no discussion of what the passive use impacts would be with regard to the subdivision.
Mark Anderson and James Bruen when feel that to not have “linkage’ means that it may not be granted.
Piccini: The status of that plan is somewhere along the path of coming to fruition. It’s not just a concept. There is a detailed plan that has been submitted.
Paul Pelusio: ‘ “The passive recreation use is being moved forward. The DEP has forwarded some recommended language for how this easement should be described in the deed, when the deed gets prepared for this parcel. They did mention in that language, public access. So I think it is their intention that not only for their own personnel to cross this piece of land but it’s for public access. That process is moving forward and it is on a different time table then the time table that the Village has in mind for the Plant.
The Village is interested in getting this land conveyed as quickly as possible because there are issues with the contractor who is working on the job and at some point his contract is going to terminate and until everything is completed at the Plant, the Plant is currently up and running. They are right now going through all the pilot testing of the equipment...” ‘
Rick Stockburger states that there are more steps to go before subdivision can be approved.
Rick Stockburger questions the request for waivers on the application which he feels should be addressed to the Village Zoning Board of Approval before it comes to the Planning Board. The Planing Board does not have the right to grant variances for use. Chairperson Piccini: Clearly in the Statement of Use they do not have a reference to them so they are looking for them as well. They are looking for the waiver of which what I think what we are saying and thinking is that is outside of what we can do those things need to go to the Zoning Board .
Rick Stockburger questions the variances, page 3 of 12. Requested for the rear yard is 96 plus feet. Paul Pelusio: The minimum requirement is 35 feet. Richard Stockburger: Do the holding tanks and the structures count as part of that required for rear yard? Where are you measuring from for rear yard? Are the infiltration tubes, etc., part of that? Wouldn’t you also need a variance for rear yard? Paul Pelusio: I believe when they put this together they measured everything off the building structures. Richard Stockburger: The reason I bring it up is because it is an above ground structure and I could not find a measurement on that. Paul Pelusio will confirm for the next meeting.
Chairperson Piccini states that based on this request that this must be referred to the Zoning Board unless they can furnish us with copies of existing variances.
Chairperson Piccini: In the cover letter there is a request to waive the list of property owners within 500 feet. I took it as not to submit as part of the application, the list. It is the list of everything which is the 10 copies, it is everything that is included in the packet and then the next paragraph states that a waiver is requested for the requirement of for provision of a list of property owners within 500 feet, of the zoning lot.
My initial response to that was confusion because the request is to waive the list in the application packet, but the list is necessary to notify the owners to go to public hearing, anyway so I did not understand the need for not bringing the list in unless was to mean that this was a request to waive the notification, because my gut reaction to that and in fact act legal requirements - is that is not going to happen. There is not going to be a waiver for that. I am reading that letter as saying we do not want to provide the list as part of the completed application so consider our application complete without the list. Paul Pelusio: Right. Notifications will occur when you authorize us to go to Pubic Hearing however, I don’t want to hold up the process and we have to revise to include the easement on the map so we will be making another submission. We will include the list with that submission. Chairperson Piccini: Thank you. Before we meet again we need 1) proof of waiver(s) from ZBA, 2) declaration of Lead Agency, 3) list of applicants, and 4) include easement on drawings.
Chairperson Piccini: Any more questions? James Bruen questions the Statement of Use, on the introduction; ‘ “Upon successful completion The Village will take
ownership...” ‘ Chairperson Piccini: How I understand the agreement to read is that we will allow to be built for us WWTP on the DEP lands. When it is done being built then we will take ownership of it and the land. David Kulo: Without reference to how the plant is functioning on line? Chairperson Piccini explains that when the plant is built and it works then we get the plant that works and the land it sits on. The agreement is already in place, they are building it on their property, for us, and we are going to take it over and the land it sits on. That agreement exists without us being involved with any of that, at all. David Kulo: The subdivision is separate from any contractual agreements between the actual sewer system, itself whether it’s on line or not, whether it works, falls apart, that is not in our realm of discussion, here. Chairperson Piccini: Correct.
James Bruen: What cost did this subdivision platt cost us? Was the cost associated with the entire project or, as it seems to be stated, a separate hiring to Folchetti and Associates and what was the cost of it’s subdivision platt to this day? Paul Pelusio: These plans that were prepared, here in front of me, we had an agreement with DEP, this was not a Village cost. This was an agreement we had separately with DEP.
James Bruen: What is the cost to have this subdivision done? Chairperson Piccini: Mr. Pelusio has stated that this was all done through the agreement that Folchetti and Associates had with DEP. Paul Pelusio: Correct. Chairperson Piccini: It was funded through DEP, so this cost the Village nothing. Paul Pelusio: DEP, as the owner of the property, asked us to do the subdivision and paid us to do it. James Bruen’s question has been answered.
James Bruen: Under 2.0 on the same page, second line, ’ “It is located on City owned land and is zoned by the Village for conservation C uses, the land around the WWTP as classified by the Village Zoning and Land Use ordinance. Is designated as a mixed, neighborhood business B1 and conservation” ‘ My question is, Is this currently zoning or proposed zoning? Paul Pelusio: Current zoning.
Richard Stockburger: We also need in addition to the four things a copy of the Special Use Permit application and had it ever been granted as Special Use? Has a Special Use permit been issued for a public utility? It may have been back in 2003, but it may not and that needs to be cleared up.
James Bruen: It says on the very last line; ‘ “The site includes the Brewster WWTP, 7,400 square feet, laboratory facility for exclusive use by the NYC DEP.” “ So basically, we are going to own the property and lease it back to them?
Chairperson Piccini: I don’t know what the financial part of it is, I just know that the lab is DEP’s use only. James Bruen: Did the Village of Brewster retain any square feet within this complex? Chairperson Piccini: Everything except the lab. James Bruen: So that is strictly for use of the DEP, all the uses around here are going to be for the uses of the Village of Brewster and the responsibility that goes along with it?
Paul Pelusio: Correct. James Bruen: There will be 12 employees, 2 from the Village of Brewster and 10 from the DEP? Paul: Yes.
Chairperson Piccini: There are 12 parking spaces including one handicap space. Do you know if those 12 generated by size of the project or based on the number of anticipated employees? Paul Pelusio: I believe that is actually what is on the site right now. Chairperson Piccini: Yes, but no idea why the 12? There some is some formula everyone pulls out when looking out a site plan. Paul Pelusio: I do not know. Richard Stockburger: The requirement for conservation is 2 per dwelling unit. Chariperson Piccini: There are no dwelling units here. Mark Anderson: There would be requirements under the B1 Zone Number of parking spaces per square footage of office use. Chairperson Piccini: But none of this is B1, all of it is C. It is what adjoins it that is B1.
Mark Anderson: Paul, how do you go from 12 parking spaces to anticipated vehicular traffic generation, maximum one round trip per day. Wouldn’t it be at least 12 round trips per day? Paul Pelusio: It is per person. Richard Stockburger: Maybe you ought to change that to 1.0 total number of vehicle trips.
Chairperson Piccini: Page 3, Space Ease Permit. It states ‘ “...modified to expand speed ease permit from the 110 gallons per day to the maximum 240 gallons per day...” ‘ Does anyone have an idea when that was expanded? Paul Pelusio: When the facility plan was approved back in 2002/2003.
James Bruen: Under 5.0, page 3 it states; ‘ “ SPECTRA Serve, Inc. is responsible for removing the solid waste from the facility...” ‘ The Village of Brewster has contracted with Spectra Serve, Inc.? Paul Pelusio: The Village of Brewster has contracted with Severn Trent Environmental Services to run the plant. Severn Trent has a subcontract with Spectra Serve.
James Bruen: What cost is the Village of Brewster incurring per year once they take over this treatment plant? Paul Pelusio: The overall agreement with Severn Trent is already in place, I do not have the numbers off hand. James Bruen: The operation and maintenance is already in place, but wasn’t there an agreement with the DEP that they would be paying a certain amount of dollars per year for operation and maintenance? Paul Pelusio: Yes. James Bruen: Do you know what that dollar amount was? Paul Pelusio: No, I do not know off hand. James Bruen: I am thinking that when this is fully running how much of the $350,000 per year, how much will that cover the 100% of the cost it’s going to run? Richard Stockburger: It’s about $100 per house and the City of New York is covering a majority of it but I think there was some portion that must be paid by the Village to make sure that we just don’t throw in everything out there. They have not set sewerage rates yet, but they were saying about $100.00 twice a year.
Mark Anderson asks how does this division of land affect the Village of Brewster? The setting of these new lines?
Richard Stockburger: Legal advise is needed. What happens if certain requirements are not met?
New Business Topic ends with the Planning Board members propose to write a letter to the Village Board requesting a representative from the Village to be available at the next meeting to answer questions regarding the subdivision and WWTP. The Board feels that this subdivision is more entailed then normal subdivisions.
V. OTHER BUSINESS
There are no new inquires.
Training Session Dates have been established for February 8 & 15, 2007
at 6:30 PM, John Folchetti’s office. Topic will be SECCRA.
Next Planning Board meeting will be held on February 28, 2007.
Mark Anderson moves to end regular meeting session and David Kulo seconds the motion. All are in favor. Meeting ends at 9:34 p.m.