Yorktown Town Board Meeting: Public Hearing on Underhill Farm Landmarking – January 30, 2024

The Yorktown Town Board convened a special meeting on January 30, 2024, at 7:30 PM in the Spadaccia Meeting Room. The primary agenda item was a public hearing to consider the Underhill Farm landmark application submitted by the Yorktown Heritage Preservation Commission (YHPC). The meeting also included a consent calendar of routine resolutions. After extensive public testimony and board discussion, the hearing was closed with written comments accepted until February 5, 2024, and the board will deliberate at a future meeting.

Consent Calendar

• Authorize purchase of one 2023 Ford F250 for the Building and Maintenance Department for $44,615.20 via Westchester County contract.
• Authorize Town Clerk to advertise bid for Stony Street Interchange Improvements.
• Renew commercial garbage licenses for Oak Ridge Hauling LLC and Sani-Pro Disposal Services Corp (d/b/a Suburban Carting Co.) for 2024.
• Authorize payout to Anthony Cuccovia upon retirement: $41,073.62 for unused sick, vacation, personal, floating holiday, and longevity time.
• Authorize Deputy Supervisor to execute an amendment extending contract with Thompson & Bender for community branding and communications services, not to exceed an additional $60,000, retroactive to January 1, 2024 through December 31, 2024.
• Authorize Vincent Calicchia to carry over 45 hours of unused vacation time from 2023.
• Authorize Yvonne Cech, Library Director to attend the 2024 Public Library Association Conference in Columbus, Ohio, April 2–5, 2024.
• Authorize sell back of sick time for Lieutenant James Graham for 11 sick days accumulated before December 31, 1993.
• Authorize Deputy Supervisor to sign maintenance agreement with CentralSquare Technologies/Tritech Software Systems for Police Department IMPACT software, March 1, 2024 to February 28, 2025, for $38,062.38.
• Authorize Deputy Supervisor to sign maintenance agreement with DATAWORKS PLUS for Police Department Livescan equipment and software, December 8, 2023 to December 7, 2024, for $3,400.00.
• Authorize purchase of two 2024 Chevrolet Tahoes for the Police Department from NYS Mini Bid Solicitation #B, Award#23166, at $55,779.64 each, total $111,559.28.
• Authorize transfer of David J. Doherty from Central Garage to Refuse & Recycling Department as Senior Automotive Mechanic, effective February 5, 2024, no change in salary.

All resolutions were approved unanimously by voice vote.

Public Comments & Testimony

Over 26 members of the public spoke, with the majority expressing support for landmarking the Underhill Farm property. Key themes included:

• Support for landmarking: Many residents emphasized the historic and aesthetic significance of the main house, stone walls, pillars, pond, and chapel. Speakers such as Joan Kellner (read by a resident), Paul Moskowitz, Marcia Stone, and Sarah Wilson argued that landmarking is the only way to ensure permanent protection against future demolition or alteration. They cited the town's motto "Progress with Preservation" and urged the board to act.
• Opposition to landmarking: Some residents, including Ryan Wolfson, Mike Capaldo, and Jerry (a former town clerk), argued that the property owner has already committed to preserving the main house, that the site plan approval provides enforceable protections, and that landmarking would impose unnecessary restrictions and potential costs. They characterized the application as a last-ditch effort to delay the project.
• Professional testimony: Susan Janechiel (landscape architect) and Stephen Tilly (preservation architect) both supported landmarking, noting that a cultural landscape report would help identify important features before they are lost. John McMennan (history teacher and historical society board member) submitted a letter from the Underhill Society of America urging landmarking.
• Letters from officials: A letter from Assemblyman Matt Slater was read, stating that he had no prior discussions about landmarking and that the owner's commitment to restoration is genuine. He noted the overlay district law already recognizes the house's uniqueness.

Discussion Items

• YHPC Presentation (Lynn Briggs, Chair): Briggs presented a detailed history of the Underhill Farm, arguing it meets four of five local landmark criteria. She contended the approved site plan does not guarantee protection of historic features, as it can be amended, and the owner can later demolish the house under financial hardship. She proposed landmarking the main house, entry gate, stone walls, pond, chapel, and cultural landscape. She emphasized that landmarking would not stop development and that the town board retains final say on alterations.
• Planning Director John Tageter: Tageter outlined the review process, noting the state historic preservation office (SHPO) determined the outbuildings had no feasible alternative to demolition. He stated the planning board extensively considered historic issues, received 30 memos from YHPC, and required mitigation measures (e.g., historic exhibit, monitoring of excavation). He cautioned that issuing a certificate of appropriateness after landmarking could trigger a new SEQRA review, and that the site plan approval is enforceable.
• Building Inspector John Landy: Landy testified that the outbuildings are in "horrendous" condition, with collapsed roofs, rotted girders, and crumbling foundations. He condemned them as unsafe. The main house, he said, is in good condition but needs care.
• Applicant's Attorney Mark Blanchard: Blanchard argued the application is insufficient to meet landmark criteria, particularly because the main house has been altered with additions, losing its original significance. He claimed the application is a tool to delay the project and that the owner voluntarily preserves the house via the site plan. He noted the site plan approval is final and unappealable.
• Board Member Comments: Acting Supervisor Lachterman recused himself from the public hearing due to a family member involved in the project. Councilman Esposito expressed concerns about forcing landmarking on an unwilling owner but acknowledged community desire for protection. He suggested exploring a voluntary agreement with the owner to require town board approval for significant changes. Councilwoman Howitt and Councilman Murphy (who recused earlier) were present; Murphy later recused from the hearing. The board agreed to keep written comments open for seven days and discuss at the next meeting.

Key Outcomes

• Public hearing closed at approximately 10:45 PM, with written comments accepted until February 5, 2024.
• No vote taken on the landmark application; the board will deliberate at a future meeting, likely February 6, 2024.
• Board directed to research feasibility of a voluntary agreement with the owner to provide additional protections without full landmarking.
• Additional resolution approved: Authorize Deputy Supervisor to execute an agreement with the Mall at Jefferson Valley LLC for the Parks and Recreation car show on May 4, 2024.
• Meeting adjourned after the board's comments.