Planning Board Regular Meeting Minutes, March 28, 2024

Members Present:     Paul Slutzky, Chairman

                                 Richard Volpe, Deputy Chairman

                                 Carl Giangrande, Board Member

                                 Penny Sikalis-Spring, Board Member

                                 Ed Kaplan, Board Member

                                 Gail Shegerian, Alternate Member

Also Present:              Christine Lucey, Secretary

 

Public Present:
Harout Dermenjian, Matt Martin representing Hunter Peaks, Walter Kubow, P.E., representing Hunter Peaks, Ron San Fillipo representing Harout Dermenjian, Patricia Kelaher, Fran Clark, Abe Stefansky

Open Meeting:  Chairman Slutzky opened the meeting at 7:00 PM

Review and Approval of the Minutes of the Planning Board Meeting of February 22, 2024:

After review, Penny Sikalis-Spring made a MOTION to approve the minutes as presented. Carl Giangrande seconded the MOTION, which was approved and carried.

Privilege of the Floor:

None requested.

Old Business:

 

• 7765 & 7759 Main Street—Lot Line Adjustment—Harout Dermenjian and Ron San Fillipo presenting

 

Chairman Slutzky said that since the Board’s review of the proposal last month and its determination that the project was a Type 2 action under SEQRA, appropriate proof of ownership was supplied by Mr. Dermenjian.

Copies of the proposed deeds were also provided to Chairman Slutzky and he said they appeared to include the language required to comply with Village Zoning Law. After the Board reviewed the proposed deeds, and after further discussion, Ed Kaplan made a MOTION to approve the proposed lot line adjustment. Penny Sikalis-Spring seconded the MOTION, which was approved and carried.

 

• 7765 & 7759 Main Street—3-Lot Minor Subdivision – Harout Dermenjian and Ron San Fillipo presenting

 

Following up on the Board’s Negative Declaration under SEQRA last month, Chairman Slutzky asked Mr. San Fillipo to sign the submitted EAF, and he did so personally.

Chairman Slutzky reminded the Board that it had determined last month that the area and use requirements for the project will be met after the lot line adjustment.

After further discussion, Richard Volpe made a MOTION to approve the proposed 3-lot minor subdivision. Ed Kaplan seconded the MOTION, which was approved and carried.

 

Following additional discussion, Chairman Slutzky made a MOTION to approve the proposed site plan for the property, designated by tax map number 164.10-2-28 (7765 Main Street), with the condition that any required stormwater pollution plans be approved by the New York City Department of Environmental Protection and that any desired curb cuts must be approved by the New York State Department of Transportation, prior to the commencement of construction on any of the lots. Penny Sikalis-Spring seconded the MOTION, which was approved and carried.

Chairman Slutzky asked Mr. Dermenjian to supply him with a mylar copy and at least two paper copies of the subdivision drawings for his signature. He reminded Mr. Dermenjian and Mr. San Fillipo that the signed drawings must be filed with the County Clerk within 62 days.

 

• Hunter Peaks Major Residential Subdivision and Site Plan

Chairman Slutzky said that the project had entered its eighth year of review by the Planning Board. The project review started in January of 2017. A key piece of information for the Board’s consideration, he said, was Walter Kubow’s letter of March 22, 2024, giving the status of all conditions for approval laid out in the Board’s resolution of April 27, 2023. Chairman Slutzky said either all conditions have been met or will be met upon construction.

Chairman Slutzky said that Village Subdivision Law Section 2C requires covenants and deed restrictions pertaining to stormwater and roads. The proposed covenants and restrictions provided for the Hunter Peaks project were sent to Village attorney Tal Rappleyea for review, along with the Homeowners’ Association draft offering plan.

The Department of Health has approved the water system plans, Chairman Slutzky said, but not the realty subdivision plan. This is contingent on the Planning Board’s approval.

Chairman Slutzky then read aloud the following:

WHEREAS, the Village of Hunter Planning Board approved Resolution #42723B granting Conditional Major Subdivision Approval for the Hunter Peaks Residential Development on April 27, 2023, and

WHEREAS, the Conditional Approval was granted a 90 day extension on 9/28/2023 to the 180 day time period for which the conditionally approved plat may be submitted for signature, and

 

WHEREAS, the Conditional Approval was granted an additional 90 day extension on 12/14/23 to the 180 day time period for which the conditionally approved plat may be submitted for signature, and

 

WHEREAS, the Village of Hunter Planning Board now deems the conditions of approval included with the Resolution for Major Subdivision Plat Approval of 4/27/23 to be satisfactorily addressed, therefore, be it

 

RESOLVED, that the Village of Hunter Planning Board approves the Major Subdivision Final Plat last revised 3/21/24 and the construction drawings last revised 9/28/23 for the Hunter Peaks Residential Development subject to the following conditions:

• No lots in the subdivision may be sold or houses built on said lots until Sponsor has completed all Phase 1 infrastructure work in accordance with Planning Board approved cost estimate of 1/26/24 and Planning Board approved phased bonding proposal of 2/22/24, and until such time as Sponsor has posted performance bonds with the Village of Hunter in the total amount of $2,560,169 to secure the Sponsor’s completion of the required Phase 2 infrastructure work, including the stormwater management system and Private Roadway.
• One true copy of all offers of cession and covenants governing the maintenance of un-ceded open space bearing a certificate of approval as to their legal sufficiency by an attorney representing the Village of Hunter must be secured prior to Planning Board Chairman signing the approval block on the final plat and construction drawings.

Chairman Slutzky made a MOTION that the foregoing RESOLUTION be approved. Carl Giangrande seconded the MOTION, which was approved unanimously and carried.

Chairman Slutzky asked Mr. Kubow to supply him with a mylar copy and at least two paper copies of the subdivision drawings and final plat for him to sign upon receiving approval of the Department of Health SWIP and of the proposed deed covenants and Homeowners’ Association draft offering plan by Village attorney Tal Rappleyea. He reminded Mr. Kubow that the signed drawings must be filed with the County Clerk within 62 days.

New Business:

 

• 8294 Main Street—Sign Permit Application—Matterhorns Real Estate Group LLC – Ruslan Naymon, Applicant

The Board reviewed the sign permit application, including a sketch and details, for the Matterhorn motel property. Ed Kaplan noted that the proposal meets the Village’s size requirements. Chairman Slutzky noted that the proposed sign’s solar-powered illuminating lights must be downward-pointing. The Board reviewed a sketch showing the proposed location of the sign on the property. Chairman Slutzky confirmed that the sign permit application fee was paid.

Rich Volpe made a MOTION to approve the sign permit application. Penny Sikalis-Spring seconded the MOTION, which was approved and carried.

• 7730 Main Street—Sign Permit Application—K&D General Contracting, Inc. – John Szlesznski, Applicant

The Board reviewed the sign permit application, and discussed its compatibility with the regulations applying to the Village’s gateway business district. The Board debated whether the design meets the standards of a wall-mounted sign. Carl Giangrande suggested that an alternative would be a simplified sign that would fit below the existing sign post on the property advertising the pizzeria.

The Board agreed to table the application for future discussion. Chairman Slutzky asked Mr. Giangrande to provide the Board’s feedback to the applicant.

Chairman’s Report:

 

Chairman Slutzky advised that at the last Village Board meeting, the Board of Trustees agreed to allocate up to $5,000 for the services of a consultant planner to assist the Planning Board in amending the Village’s zoning law, and to update the zoning map to include lands annexed into the Village since the current law was adopted in 2013. Chairman Slutzky said that he had contacted Delaware Engineering, which had helped draft the current Village zoning law, and they will assign this project to Helen Budrock, one of their senior planners.

The Board discussed permitted uses that could potentially be added to the Zoning law. Ed Kaplan suggested that the Board hold a workshop meeting to discuss these ideas.

The Board agreed to hold a special workshop meeting on April 19, 2024, at 4:00 PM, and asked the Secretary to place appropriate public notices of the meeting.

Correspondence:   None.

 

Adjournment:

 

There being no further business, Ed Kaplan made a MOTION to adjourn. Penny Sikalis-Spring seconded the MOTION, which was unanimously approved and carried at 8:19 PM.

 

Respectfully submitted,

Christine H. Lucey

Secretary