Zoning amendments once again dominate Lewisboro Town Board discussion

LEWISBORO, N.Y. - Revisions to the town’s zoning code again dominated the Lewisboro Town Board’s Jan. 27 meeting – the outset of which was a public hearing that began Jan. 13 and will continue at least through the next board meeting.

As with the previous session, the change that drew the most comment was a new excavation-and-backfill limit. The revised rule would limit, to 15 yards, the amount of soil that can be removed from or trucked into a residential property in town. Several others also singled out a new “steep slope” zoning rule as unnecessarily strict.

Billy Gossett of Gossett Brothers Nursery in South Salem spoke at the last meeting. This time, however, he cited information from other towns to illustrate his contention that the new soil rules, if allowed to take effect, would burden both homeowners and businesses in town. Some have floated a revised threshold of 60 yards, a limit Gossett said would still be “unreasonable.”

“Fill limits in nearby towns are as follows: New Canaan, 500 yards; Ridgefield, 300 yards; North Salem, 250 yards; and Pound Ridge, no limit,” Gossett said. “If some regulation is deemed necessary, we urge the board to consider setting the limit at 500 yards before requiring permits or administrative reviews. This threshold will allow projects to proceed efficiently, reduce unnecessary administrative burdens, [and] protect the health, safety, and welfare of our community.”

Gossett also criticized the proposed steep-slope rule, which would mandate administrative review of any project involving areas with a 15 percent or greater slope.

“Fifteen percent is equivalent to a rise of 15 feet over a 100-foot run,” he said. “This gradient is present on nearly every property in Lewisboro. If enforced this regulation would trigger extensive unnecessary reviews for even the most routine of projects.”

South Salem resident Chris Alvarez, who is also a contractor, compared the multiple zoning-code revisions to a large Congressional bill that many would be unable to read in its entirety.

“I have a paved driveway on a slope well over 15 degrees,” Alvarez said. “There was no proper base put under the driveway so it's a mess. With your new amendments I would be required to go in front of the Planning Board, give them 60 days for their review, pay them fees, and then follow their directives on how I should repair my own driveway…. Who is truly overseeing this [and] who stands as an advocate for the taxpayers?”

Alvarez also pointed out that a recent project involving a pool resulted in 10 hours of review, on two different occasions, by engineering consultants. This prompted Councilman Rich Sklarin to ask Town Attorney Greg Folchetti if the town has a cap on how long such a review should take.

“I don't think there's a cap because it can vary greatly depending on the scope of the project,” said Folchetti. “Some towns just have application fees and they're flat… some escrow [which] requires the applicants to [deposit] money for the consultant review.”

“I think some towns have actually gotten rid of the steep slopes law because it's not necessary with all the other storm water regulations that are in place now,” said South Salem’s Dean Travalino.

The board also engaged in a protracted discussion of the building permit process. “When you apply for a permit – to build a house, put in a pool, add a closet, whatever you want to do – the onus is on the applicant or the homeowner to make sure it gets closed out,” said Cross River resident Rich Stone, “and that the final inspection is performed.”

Town Supervisor Tony Gonçalves said the goal is that people would no longer be surprised by long-outstanding permits.

“We've started a process to contact [holders of outstanding permits],” Gonçalves said.

Building Inspector Kevin Kelly also noted that changing trends have added new types of projects.

“If somebody wants to build an accessory structure, for instance, our town code now says you can only have 600 square feet – and multiple times, people are making them bigger,” Kelly said. “They’re putting accessory apartments in them, studios, art galleries… and it has to go to the Zoning Board of Appeals [where] it takes the zoning board many, many hours [to analyze].”

Councilwoman Andrea Rendo noted that the zoning amendments will be discussed more thoroughly at the Town Board meeting set for Monday, February 10. “All of us are going to be sitting together, working through the issues, and trying to come up with a solution,” said Rendo. “So, the more information we get before the tenth, the better … the more voices, the better.”

Among other business, the Board okayed three key resolutions. It authorized Gonçalves to sign the town’s Employee Assistance Program (EAP) agreement and a memorandum of agreement with Local 456 Teamsters as the bargaining rep for the Highway Department. The Board also approved Mayfield Sanitation LLC’s application to collect and dispose of refuse and recyclables.

Waccabuc Country Club requested a waiver of notice for its liquor license, which the board elected not to approve because it was nearing its deadline. During public comments, several neighborhood residents expressed concern about noise and other factors from the facility.

“I don't want to have loud noise across from my place… with no parameters for decibels or amount of people,” South Salem resident Kelly Germa said. “It's changing the whole character and environment of the neighborhood, so I think that the board would be remiss to not have people come and have an open discussion about it.”

“The [New York State] Liquor Authority is understandably reluctant to award a liquor license to establishments where the community is opposed,” noted Judy Robinette, a member of the Three Lakes Council. “There was no bar previously there – and absolutely should not be one now.”

The Town Board also presented three proclamations honoring town officials and volunteers for their longtime service. The first honors went to John Wolf, the outgoing chair of the town’s Conservation Advisory Council. The second proclamation recognized Pamela Veith, director of senior outreach for the Lewisboro Parks and Recreation Department. The board also honored Ted and Janice Strauss for 45 years of service on the landmarks advisory committee.