LEWISBORO, N.Y. - A proposal that would limit residential excavation and backfilling was a hot topic at a public hearing, held in conjunction with the Lewisboro Town Board’s Jan. 13 meeting.
The new rule would limit, to 15 yards, the amount of soil that can be removed from or trucked into a property in Lewisboro. The public hearing sought to gauge public opinion on a variety of zoning changes resulting from the town’s revised Comprehensive Plan, which were approved last August.
The new excavation-and-backfill limitation was the main topic of discussion. Billy Gossett of South Salem’s Gossett Brothers Nursery said 15 cubic yards is less than the payload of a dump truck and would lead to operational difficulties and delays for contractors. It would also burden the town’s building department and planning board, he added.
“I respectfully ask you to reconsider this amendment and instead work to support local businesses that contribute to the vibrancy of our town,” Gossett said. “Overregulation will only create more harm than good, especially for the very residents this amendment seeks to protect.”
Elmir Pasalic, a South Salem-based excavating contractor, pointed out that the payload limit in nearby New Canaan, Connecticut is 500 yards. Because of their less-stringent requirements, he prefers to handle projects in towns in Southern Westchester and in Fairfield County, Connecticut.
Local builder Chris Alvarez said Lewisboro has the most expensive building department in Westchester County, noting that a simple grade change to a parcel can result in multiple engineers being brought in for consultation to stay in compliance with the rules.
“You’re $20 per $1,000 of construction cost – most are $13 to $15,” Alvarez said. “The person trying to do the job has to pass the cost on to the customer.”
Kevin Kelly, the Town of Lewisboro’s building inspector, countered that assessment. He noted that nearby towns such as North Castle, Rye, and Somers are also in the $17-20 range, but agreed that municipalities in Putnam and Dutchess Counties impose significantly lower costs.
Deputy Town Supervisor Mary Shah noted that the Town Board voted to keep the hearing open to get significant input from Lewisboro residents and businesses on all the zoning proposals.
“We’re here to work with you all and we want what’s best for all of Lewisboro,” she said. “That means the people who have the businesses as well as the people you serve. It’s not like we’re here to tie red tape and choke everyone from getting the job done – we’re just trying to make sure that we do it right.”
Vista resident Jen Cipriano addressed the livestock rules contained in the revised code, which she felt were overly restrictive.
“A two-acre lot would be perfectly good for raising goats, chickens, and so forth if it’s flat and it has a pasture,” she said.
A 10-acre lot that has wetlands and rocky areas would be inappropriate for this use, she added, but would meet the size requirement in the revised code.
“I think we’re trying to put cookie-cutter rules and regulations on things – and it just doesn’t work that way,” Cipriano said.
South Salem resident Carol Cernak asked what prompted the new excavation-and-fill rule.
“Are people doing things so egregiously that this is necessary?” she asked.
In other business, the Town Board unanimously approved a resolution authorizing Town Supervisor Tony Gonçalves to sign the Northeast Westchester Special Recreation Interagency Agreement for 2025. This program serves about 36 people each year who have disabilities that limit their participation in the town’s usual complement of recreation programs.
Activities include bowling, day and weekend trips, team sports, swimming, tennis, Special Olympics, skills training, and music therapy, among others.
“It’s a very good program that’s well-utilized in town,” said Gonçalves. “These are services that we as a town cannot provide.”
The Town Board also okayed a resolution authorizing Gonçalves to sign a memorandum of understanding with the Housing Action Council for the town’s participation in the Plus One ADU (Accessory Dwelling Unit) program. The Plus One ADU Program provides grants to municipalities to help spur the creation of quality ADUs at people’s homes.
“What this program does is to help low- and moderate-income residents in town who don’t have the funds to do this,” said Gonçalves. “There’s a potential where they can receive up to $124,000 to build an accessory dwelling unit on their property.”
The minimum property size is a half-acre, he said. It enhances the creation of additional cost-efficient housing in Lewisboro and provides an opportunity for qualifying homeowners to add value to their properties.
“We don’t need to do anything but advertise the program,” Gonçalves said.
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