Town of North Salem Planning Board Meeting - July 9, 2025

The North Salem Planning Board met on July 9, 2025 at 7:30 PM in person and via Zoom. The agenda included public hearings for a fill permit renewal (Lorusso) and a three-lot subdivision (A.P.C. Group), as well as a carryover for Grant Road LLC. Regular items covered a 15th extension for Gilport Development, a restoration plan for the Bossi property, a lot line adjustment for Simon-Feola, and a stormwater mitigation plan for the McGing property. The board also approved the financial report for June and the minutes from June 4 and June 18, and set future meeting dates.

Public Hearings

Grant Road LLC (658 Grant Road) – Carryover

• The public hearing was carried over to the August 6, 2025 regular meeting without discussion.

Lorusso (26 Whittier Hills Drive) – Fill Permit Renewal

• The board opened a public hearing for a Chapter 89 fill permit renewal. The previous permit had expired; the applicant proposes to keep fill on site rather than remove it.
• Neighbor Anna DeMeo (representing her father, owner of 28 Whittier Hills Drive) submitted a USB drive with photos and videos as evidence. She raised several concerns:
  • Retaining walls not built to approved engineering plans (missing footings, walls on the west side shifting, gravel and dirt coming onto her property).
  • Soil testing was not representative: she claimed six truckloads of fill were removed and dumped at Westwood Organic Materials, but only one load was documented. She argued that 95% of the soil was untested, including area J where an estimated 100–200 cubic yards of fill was placed.
  • No volume survey has been produced to determine how much fill was actually placed.
  • The excavator is stored on high dirt piles near the property line, impacting her oak tree's root system.
  • Lack of a dust control plan, given known contaminants in the soil.
• Applicant Julia Lorusso denied the allegations, stating they are part of ongoing litigation with the neighbor. She argued that the town engineer and building inspector oversaw the soil testing and should be trusted.
• Board members noted they cannot verify violations without the building inspector. They agreed to continue the public hearing to July 23, 2025 and requested that either the applicant's soil scientist or engineer appear to answer questions about the testing, especially regarding area J.

A.P.C. Group (4 Hardscrabble Road) – Three-Lot Subdivision

• Tim Allen of Bibbo Associates presented the proposal to subdivide 2.6 acres into three lots, with two new lots accessed via a common driveway off Sun Valley Drive. The property is in PO and R1/2 zones. Wetland impacts require a mitigation plan.
• Neighbor Mrs. Outhouse questioned why approval was being considered when a previous owner was denied access over the same wetlands for a single house. She also asked about septic and well locations and the condition of a barn on the property. Owner Robert Armentano responded that the barn is used for storage and that the property has been improved.
• The public hearing was closed with one week allowed for written comments. Board members indicated that preliminary approval could be granted at the next meeting if the applicant addresses minor staff comments.

Discussion Items

Gilport Development Corp. (Oak Ridge/Overlook Road) – 15th Extension

• The board approved a 15th 90-day extension of the final subdivision plat approval and freshwater wetlands permit, moving the expiration from July 28 to October 27, 2025. No changes to applicable regulations were identified. Motion carried unanimously.

Bossi (2 Brookside Lane) – Restoration Plan

• Jerry Barrett presented a revised restoration plan for unauthorized clearing in a wetland buffer and conservation easement. The proposal included planting 49 trees, 176 shrubs, 380 perennials/ferns, a no-mow path, a floating boardwalk, and a floating dock for lake access.
• Board members expressed strong opposition, noting that the conservation easement prohibits structures and requires the area to remain natural. They expected a restoration to the original red maple swamp, not a landscaped path. There was disagreement over whether the owner could create a dock; the board requested DEC guidance on floating docks.
• Barrett acknowledged the board's position and will regroup with the clients. No vote was taken; the matter will be revisited.

Simon-Feola (31 & 33 Whittier Hills Drive) – Lot Line Adjustment

• Rob Wasp of Wasp Engineering presented a proposal to transfer 1.5 acres from 33 to 31 Whittier Hills Drive. No objections were raised. The board approved the final subdivision plat adjustment unanimously.

McGing (113 Mills Road) – Stormwater Mitigation and Neighbor Restoration

• Andy Chung of AC Engineering presented a stormwater mitigation plan to capture all runoff on the McGing property, addressing earlier violations. The plan incorporated comments from Han Engineering and MDRA; minor administrative revisions were required.
• Board Chair stated that the McGings are responsible for addressing tree removal (17 trees) and soil disturbance on the neighboring property (owned by Silver Coop). The board requested a site inspection with the town engineer and a restoration plan at the McGings' cost.
• McGing's attorney, Colleen (last name not fully captured), argued that the board lacks authority to require payment for off-site inspection and restoration. She noted the neighbor has only demanded money, not tree replanting.
• Neighbor's attorney, Michael Lagore, offered a proposal: if the board approves a restoration plan, his client will do the restoration work at the McGings' cost and then install a fence. He stated that this offer was made previously but rejected.
• The board directed its attorney to confer with the parties. The McGing stormwater plan will proceed pending resolution of the off-site issue.

Key Outcomes

• Consent Calendar: The financial report for June 2025 and the minutes from the June 4 and June 18 meetings were approved unanimously.
• Votes & Decisions:
  • Grant Road public hearing carried to August 6.
  • Lorusso public hearing continued to July 23; applicant to arrange for soil scientist or engineer to attend.
  • A.P.C. Group public hearing closed; preliminary approval expected in August.
  • Gilport 15th extension approved unanimously.
  • Bossi restoration plan not approved; applicant to regroup.
  • Simon-Feola lot line adjustment approved unanimously.
  • McGing matter continued pending attorney discussions; site inspection and restoration plan required.
• Next Meetings: Work session on July 23, 2025 (corrected from July 16); regular meeting on August 6, 2025. The town board will hold a public hearing on short-term rentals on August 12. The Quilt and Falls Plan was postponed to September 2025.