Letter with Petition -
Presented to Planning Board on June 27, 2002

Prior to the June 27th meeting of the Planning Board the following letter was submitted:

June 25, 2002

To: Chairperson of Planning Board

For reasons specified in the accompanying document, it would be a mistake if the Planning Board were to waive a full site plan review of the Virginia Avenue development project.

In the absence of a full site plan review, approval of the project would result in an open-ended subdivision proposal that does not provide enough information to the Village to demonstrate that the developer can and will comply with Two Family (TF) zoning requirements without needed to resort to what would amount to a request for variances.

Enclosed, please find a petition requesting that approval of the subdivision proposal be made contingent on a full scale Site plan review.

Sincerely,

     [The Virginia Avenue resident's name and address,
      which appear on the original, are omitted on this website]



encl: information packet, including [1] and [2]
        petition to the Planning Board from the neighborhood [3]


This is the petition that accompanied the above letter:

PETITION

We, the undersigned, are asking the Dobbs Ferry Planning Board to conduct a full Site Plan Review - under Section 300-68 of Article XVll of the Dobbs Ferry code [4] - of the Virginia Avenue development project currently under consideration, and to ask the applicant to present a site plan that demonstrates that the proposed houses will, without the need for variances, conform to requirements specified under Two Family (TF) zoning.

[This petition was signed by 65 residents living in the neighborhood of the development. Names and addresses, which appear on the original, have been omitted here.]

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In a Memo [5] that Trustee Dengler read to the Planning Board on June 27th she said, "Village attorney Kevin Plunkett told me that you [the Planning Board] have authority to require site plan review," and "Darius [the attorney who was substituting for Plunkett at the June 25th meeting of the Board of Trustees] also said this at the Board of Trustees meeting Tuesday night [June 25th]."

Nevertheless, on the night of the June 27th Planning Board Meeting, the latter attorney, referring to Section 300-70 [6] of the Code, advised the Planning Board that the Dobbs Ferry Code does not 'permit' the Planning Board to require a site review plan for the Virginia Avenue development. On the basis of this counsel, the Planning Board elected to NOT make subdivision approval contingent on a site plan review, and to grant the Virginia Avenue project subdivision approval at the June 27th meeting without further conditions. By virtue of stipulations in the Code, had they not granted subdivision approval by July 2nd (60 days after the May 2nd 'public hearing' on the matter) subdivision would have been automatically granted, without conditions, on July 2nd - this would have jeopardized the one existing condition on which the Planning Board wanted subdivision approval to be contingent, the dedication of one parcel of the land in question to the Village. [7]

For the full text of Trustee Dengler's June 27th MEMO to the Planning Board: [8]