Town says it will respond to pushback on new fill permit limit

By NEAL RENTZ

Several Lewisboro residents spoke in opposition to a proposal that would affect the treatment of excavation and fill during the Jan. 13 public hearing on proposed zoning amendments.

The amendment proposal that received the most attention was about the limit of 15 cubic yards of excavation or fill that could be removed or brought to a property without a permit.

Under the proposal, which would be included in Chapter 115 of the Town Code, a permit, which would be issued by the building inspector, would be required for land filling, excavation, regarding, removal, stripping, or disturbance of topsoil, earth, sand, gravel, or rock greater than 15 cubic yards. A permit would be issued if an application and site plan was approved by the planning board. 

The proposal stated that it is intended “to prevent unregulated clearing, filling, or excavating of land which can result in adverse impacts on the health, safety and welfare of residents and the public as well as result in significant adverse environmental impacts.” 

Even before the public hearing opened at this week’s meeting, Supervisor Tony Gonçalves said the board would make changes to the amendment  proposal. “I know what you’re here for,” he told residents in the audience. “That’s going to be changed. We’re already aware that’s an issue. It’s going to be a higher number.”

The hearing will remain open because the town board is seeking additional information, including comments from the planning board, Gonçalves said.None of the several residents who spoke about the proposed zoning amendment supported it.

Resident Billy Gossett, who said he was a proud second-generation member of Gossett Brothers Nursery, said the change to Chapter 115 “would significantly impact contractors and homeowners in our community.”

“While the intention of this amendment may be  to protect the health, safety and welfare of our citizens, we believe the implementation would result in an overregulation, increased bureaucracy and unnecessary complications both for small businesses and the residents of Lewisboro,” Gossett said.

“The far-reaching negative impacts” would include increased red tape, Gossett said. To avoid fines, a permit application would need to be filed, he said. The change could result in significant delays for every project, he said. 

The proposal would also be a negative for town government by increasing the workload of the planning board and building department, Gossett said, potentially raising costs which could be passed onto homeowners and encouraging businesses to consider moving out of town.

Responding to a question from Councilman Richard Sklarin, Gossett said that 15 cubic yards would be typically less volume than filling one dump truck.

Another resident, Pat Donaton, said the town board should increase the amount of excavation and fill from the 15 cubic yard amount in the current proposal. He complained that residents did not learn about the proposed change until recently. The draft of the proposed zoning changes were made available on the town’s website beginning in October, Gonçalves responded.

The town board agreed to keep open the public hearing and resume it at a date to be determined. 

Presenting the potential town code amendments is a continuation of the process that included the updating of the town’s comprehensive plan, which the town board worked on last year. The revisions were spearheaded by the Comprehensive Plan Steering Committee.

County legislator’s update

Also at this week’s meeting, Westchester County Legislator Erika Pierce (District 2) provided an update to the town board.

Pierce noted that a special election for county executive will be held Feb. 11. “I know I’ve had a lot of questions about the process,” she said. “The process is spelled out by the county charter.”

Kenneth Jenkins is serving as acting county executive, replacing George Latimer, who was elected to the U.S. House of Representatives in November. Jenkins was appointed by the board of legislators to serve in an interim capacity.

The board of legislators had 90 days to schedule a special election, Pierce said. Early voting will begin Feb. 1, she said.

Pierce also urged residents to take advantage of  the county’s Home Energy Assistance Plan. “If you are at risk of having your electric turned off or your oil company is refusing to make a delivery, you can apply for emergency HEAP,” she said, which she called “ a really important program.”

Information about HEAP is frequently included in her weekly newsletter, Pierce said. Information about the program can also be obtained by contacting her office, 914-995-2810.