Yorktown Town Board Work Session – June 11, 2024

The Yorktown Town Board held a work session on June 11, 2024, covering a stormwater phosphorus mitigation study for Mohegan Lake, an accessory dwelling unit (ADU) funding program, a proposed Toll Brothers active-adult community, a solar/battery storage moratorium, and a bond resolution for the Hallock's Mills sewer extension. Routine administrative resolutions were approved by consent.

Announcements & Introductions

• Yorktown Water District will repair an 8-inch cast iron water main across from 2268 Crom Pond Road overnight starting June 11 at 10:30 p.m.; two valves will be throttled, positive pressure maintained, with eight residential properties, one church, and one municipal building in the isolation zone.
• Volunteer board openings were listed for ABACA, Board of Assessment Review, Conservation Board, Heritage Preservation Committee, Recreation Commission, Tree Conservation Advisory Committee, Veterans Advisory Committee, Zoning Board of Appeals, and Community Housing Board (three vacancies). Applications can be sent to the town supervisor's office.
• New Veterans Advisory Committee member Joao Faustino introduced himself: Army veteran, NY National Guard medic, and advocate for veterans' transition services.

Consent Calendar

• Approved multiple personnel and financial resolutions, including: termination/reassignment of Michael Gould from Parks and Recreation; appointment of Matthew Senek as library clerk; erosion control bond releases for Najami and Sons and Christina Matthias Spilat; budget transfers for phone/camera equipment, highway overtime, and police overtime; purchase of two used police vehicles from Park Ford; amendment to the license issuing agent agreement; additional hours for Anna Maria Mandara for the veterans memorial exhibit; purchase and installation of safety padding at Granite Knolls ($12,000); and authorization for the supervisor to sign documents for the New York Waterway Infrastructure Improvement Act grant application. Approved by voice vote.

Discussion: Mohegan Lake Stormwater Phosphorus Mitigation

• Weston & Samson presented the final 196-page report on a stormwater phosphorus mitigation engineering design study funded by a $30,000 DEC grant.
• Lake Mohegan has been on New York State's 303(d) impaired waters list since at least 2010, with phosphorus from stormwater runoff as the stated cause.
• The study identified 8 priority sites: 3 cartridge-based media filtration vaults and 5 catch-basin insert areas (Crawford, Horton, Cabot, Decatur, Dale, Amazon, etc.).
• Estimated phosphorus removal is 127 pounds per year, approximately 20–25% of annual phosphorus loading. Total annual phosphorus load to the lake is 644 pounds; 495 pounds comes through pipe discharge points.
• The project would involve roughly 44 catch basins plus 3 vaults (about 50 locations). Filter replacement costs range from $200 to $1,000, lasting 1–2 years depending on loading and maintenance.
• Recommended practices: regular catch basin cleaning, street sweeping, enforcement of phosphorus fertilizer limits, evaluation of aging septic systems, and public engagement.
• Discussion included internal/external bypasses to avoid flooding during larger storms; filters treat the 90% one-year storm water quality volume.
• Board members expressed support for the plan and discussed pursuing grants for implementation.

Discussion: ADU Plus One Program

• Representatives from Habitat for Humanity NYC & Westchester and the Land Use Law Center presented the ADU Plus One state-funded program.
• The program provides $125,000 per household, with about $100,000 available for hard construction costs; homeowners must be at or below 100% of Area Median Income (AMI).
• 2024 AMI figures cited: $124,950 maximum for a two-person household; $156,200 for a four-person household.
• There is no mandatory homeowner contribution in this program (though most budgets exceed the grant), no asset limit, and no income restriction on the renter.
• A 10-year compliance period requires the homeowner to remain in the home and keep the ADU occupied.
• Existing illegal ADUs are not eligible; legalization of non-code-compliant units may be possible. All units must comply with Yorktown's zoning and building codes.
• Targeted outreach will begin later in August/September; building department and town newsletters will distribute information.

Discussion: Toll Brothers – Field Home Property

• Toll Brothers proposes a 118-unit active adult townhouse community on an approximately 50-acre portion of the Field Home/Holy Comforter property on Catherine Street, requiring a zoning text/map amendment and SEQRA review.
• The applicant responded to the planning board's May memo and submitted additional materials, including historic and environmental consultant reports.
• A new infiltration/inflow (I/I) study by Weston & Samson in Basin 11 found 60,000 gallons of mitigation opportunities versus the required 58,000 gallons. Remediation cost is estimated at $170,000, which Toll Brothers offered to fully fund.
• The historic consultant concluded the building is likely eligible for National Register listing, opening funding opportunities for adaptive reuse.
• Environmental report raised questions; the conservation board will review it.
• The board tentatively scheduled a public hearing for July 16, 2024, with August 13, 2024 as a fallback if more time is needed.

Discussion: Solar and Battery Storage Moratorium

• The board discussed expanding the existing solar moratorium to include large-scale battery storage, citing safety concerns about battery fires and evacuation challenges.
• Councilman John (likely Sergio?) discussed increasing the minimum setback for ground-mounted solar arrays from 100 feet to 200 feet, while allowing the planning board discretion to require more.
• There was debate about visibility and the practicality of screening large solar facilities. Members agreed to add battery storage to the moratorium and continue drafting updates.

Discussion: Hallock's Mills Sewer Extension Bond Resolution

• The board considered a bond resolution for the Hallock's Mills sewer extension project, required to complete a grant application with a Friday deadline.
• Total estimated maximum cost: $51,900,980, including $10 million in New York City East of Hudson funds and $1.2 million in federal aid, with up to $40,780,000 in bonds to finance the balance.
• This is a catch-22: the grant requires a bond resolution, but the project scope and final funding amounts are not yet determined. Bond counsel and EFC confirmed no way around it; the resolution may be rescinded later if needed.
• The long resolution was read into the record, with corrections noted (statute citation 56.00–60.00 and permissive referendum language).
• Roll call vote: Supervisor Lackenman, Councilman Esposito, Councilwoman Howard, and Councilman Murphy all voted yes. The resolution was adopted.

Key Outcomes

• All consent resolutions were approved.
• The Mohegan Lake phosphorus mitigation report was presented; next steps include pursuing funding through the town's grant writer.
• The ADU Plus One program was endorsed, with outreach planned for August/September.
• The Toll Brothers public hearing was tentatively set for July 16, 2024 (fallback August 13, 2024).
• The board agreed to add battery storage to the solar moratorium and to consider a 200-foot minimum setback for ground-mounted arrays.
• The Hallock's Mills sewer extension bond resolution passed unanimously by roll call, subject to permissive referendum.