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Official certified transcript

2026-07-07 · Planning Board

Imported from the Town’s original PDF. Speakers follow the printed labels. Citations use PDF pages rather than video timestamps.

Original certified PDF ↗ · Archived original ↓

Page 1 Original page ↗

      TOWN OF CORTLANDT

  PLANNING AND ZONING BOARDS




        BOARD MEETING




           Town Hall

        1 Heady Street

Cortlandt Manor, New York 10567

         July 7, 2026

    7:10 p.m. - 7:55 p.m.

Page 2 Original page ↗

                                                             Page 2
July 7, 2026

MEMBERS PRESENT:


    Steven Kessler, Chairman

    Nora Hildinger, Member

    Peter McKinley, Member

    Jeff Rothfeder, Member

    Kellan Cantrell, Member



ABSENT:

    Thomas Bianchi, Vice Chairman

    Kevin Kobasa, Member



ALSO PRESENT:


    Michael Cunningham, Esq., Deputy Town Attorney

    Heather LaVarnway, CNU-A, Planner

    Catherine Brosnan, P.E., Assistant Civil Engineer

    Chris Lupine, P. E., Engineer




                        Geneva Worldwide, Inc.
            228 Park Ave S - PMB 27669. New York, NY 10003

Page 3 Original page ↗

                                                              Page 3
1     July 7, 2026
 2   (The board meeting commenced at 7:10 p.m.)

 3              MR. STEVEN KESSLER:           All right, let me

 4   get started. Welcome to the Planning Board

 5   meeting, July 7th. Sorry we’re running a little

 6   late, but thank you for your patience. If you’re

 7   able, please rise for the pledge.

 8              MULTIPLE:       I pledge allegiance to the

 9   flag of the United States of America and to the

10   republic for which it stands, one nation under

11   God, indivisible with liberty and justice for

12   all.

13              MR. KESSLER:        Thank you. Can we have a

14   roll, please?

15              MS. HEATHER LAVARNWAY:             Kellan Cantrell?

16              MR. KELLAN CANTRELL:            Here.

17              MS. LAVARNWAY:         Nora Hildinger?

18              MS. NORA HILDINGER:           Here.

19              MS. LAVARNWAY:         Jeff Rothfeder?

20              MR. JEFF ROTHFEDER:           Here.

21              MS. LAVARNWAY:         Steve Kessler?

22              MR. KESSLER:        Here.

23              MS. LAVARNWAY:         Karen Timko.

24              MS. KAREN TIMKO:          Here.




                         Geneva Worldwide, Inc.
             228 Park Ave S - PMB 27669. New York, NY 10003

Page 4 Original page ↗

                                                            Page 4
1    July 7, 2026

 2               MS. LAVARNWAY:      Peter McKinley?

 3               MR. PETER MCKINLEY:        Here.

 4               MS. LAVARNWAY:      Tom Bianchi and Kevin

 5   Kobasa noted as absent.

 6               MR. KESSLER:     Thank you. We have two

 7   changes to the agenda this evening. The first one

 8   is -- oh, that’s even better. First one is a

 9   public hearing for the special trade contractor

10   yard at 1201 Oregon Road. That hearing is going

11   to be adjourned per the request of the applicant.

12   And the last item on the agenda under new

13   business concerning a self-storage and

14   contractor’s yard at 44 Regina Avenue, the

15   applicant also asked that this item be withdrawn

16   from the agenda. Can I have a motion please to

17   remove those from the agenda?

18               MR. MCKINLEY:       So moved.

19               MR. KESSLER:     Second, please.

20               MS. HILDINGER:      Second.

21               MR. KESSLER:     And on the question? All

22   in favor?

23               MULTIPLE:    Aye.

24               MR. KESSLER:     Opposed? Thank you. Can I



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 5 Original page ↗

                                                            Page 5
1    July 7, 2026

 2   have a motion to adopt the minutes from last

 3   month’s meeting?

 4               MR. ROTHFEDER:      So moved.

 5               MR. KESSLER:     Second, please.

 6               MS. TIMKO:     Second.

 7               MR. KESSLER:     And on the question? All

 8   in favor?

 9               MULTIPLE:    Aye.

10               MR. KESSLER:     Opposed? Thank you. All

11   right. First item tonight, correspondence, it’s

12   regarding Accokeek Creek Solar LLC, letter dated

13   June 26, 2026 from Matthew Liponis of Hodgson

14   Russ Attorneys, requesting a fourth one-year time

15   extension for the conditional site plan approval

16   on behalf of the Cortlandt CSG LLC for property

17   of Cortlandt LLC, an affiliate of Bullrock

18   Renewables, for their application for a solar

19   energy system located on Lexington Avenue. Nora?

20               MS. HILDINGER:      I’d like to make a

21   motion for PB case 2020-10 to grant the

22   Resolution 13-26 for the fourth one-year time

23   extension.

24               MR. KESSLER:     Thank you. Second, please.



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 6 Original page ↗

                                                               Page 6
1    July 7, 2026

 2               MR. MCKINLEY:          Second.

 3               MR. KESSLER:        On the question? All in

 4   favor?

 5               MULTIPLE:       Aye.

 6               MR. KESSLER:        Opposed? All right, next

 7   item under correspondence, we received a draft

 8   zoning omnibus text amendment from the town

 9   board. We discussed this at the work session.

10   There were a couple of concerns that were raised

11   by various members, Kellan and others. I believe

12   staff has those items to take under consideration

13   now and refer those back to the town board with

14   our, with those comments, concerns.

15               MR. MICHAEL CUNNINGHAM:             We do. And some

16   examples that I know from the work session were

17   lot coverage and the ability to build vertically

18   in preexisting nonconforming structures. So,

19   things like that will be addressed in a memo --

20               MR. KESSLER:        Okay --

21               MR. CUNNINGHAM:         -- from the planning

22   board to the town board.

23               MR. KESSLER:        Okay, thank you. So, with

24   that, Kellan?



                          Geneva Worldwide, Inc.
              228 Park Ave S - PMB 27669. New York, NY 10003

Page 7 Original page ↗

                                                            Page 7
1    July 7, 2026

 2               MR. CANTRELL:       Chairman, I’ll make a

 3   motion to direct staff to prepare a memo to the

 4   town board with the planning board comments.

 5               MR. KESSLER:     Okay. Second, please.

 6               MR. ROTHFEDER:      Second.

 7               MR. KESSLER:     Okay. On the question? All

 8   in favor?

 9               MULTIPLE:    Aye.

10               MR. KESSLER:     Opposed? All right, the

11   next item is a resolution. It’s the application

12   of 70 Roa Hook Realty LLC for site development

13   plan approval to redevelop the site of the

14   partially constructed Crystal Clean car wash

15   facility to a proposed Peterbilt sales and

16   service facility for property located at 70 Roa

17   Hook Road, drawings revised March 25, 2026,

18   except sheet 2-7, which was revised on May 21,

19   2026. Karen?

20               MS. TIMKO:     Mr. Chairman, I’d like to

21   make a motion with respect to PB case 2025-18,

22   Resolution 14-26. I’d like to make a motion to

23   approve that resolution.

24               MR. KESSLER:     Second, please.



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 8 Original page ↗

                                                            Page 8
1    July 7, 2026

 2            MR. ROTHFEDER:         Second.

 3            MR. CANTRELL:          Second.

 4            MR. KESSLER:        Okay. And on the question?

 5            MR. ROTHFEDER:         I just have one point.

 6   The same point about the solar that we talked

 7   about, about the yeshiva, just to change the

 8   wording to just say economically feasible in that

 9   one as well. That’s on, it’s 14.

10            MR. KESSLER:        Condition 14?

11            MR. ROTHFEDER:         Condition 14, yeah.

12            MR. DAVID STEINMETZ:            The applicant has

13   no objection to that. And same answer that you

14   got on the other matter.

15            MR. ROTHFEDER:         Right.

16            MR. STEINMETZ:         They would very much

17   like to do some kind of sustainable measure.

18            MR. ROTHFEDER:         Right.

19            MR. KESSLER:        Okay.

20            MR. ROTHFEDER:         Thank you.

21            MR. KESSLER:        Thanks. All right. We’re

22   on the question. All in favor?

23            MULTIPLE:       Aye.

24            MR. KESSLER:        Opposed? Okay, thanks.



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 9 Original page ↗

                                                            Page 9
1    July 7, 2026

 2               MR. STEINMETZ:      Thank you, and I think

 3   my client wants to say thank you as well.

 4               MR. MAURICIO LEAL:        Chairman, just one

 5   minute, members of the board and township

 6   officials, I want to thank you on behalf of Joe,

 7   John, and Brad that’s not here today. Thank you

 8   for your kindness and your professionalism. I

 9   served on my planning board in my township many

10   years ago. And I’ll tell you, the experience has

11   been different. You guys are really, really

12   professionals. You conduct yourself with --

13               MR. KESSLER:     Thank you.

14               MR. LEAL:    -- the highest honor, and if

15   I ever wanted to be back on a planning board,

16   this would be the one.

17               MR. KESSLER:     Well, thank you.

18   Appreciate that. And best of luck.

19               MR. LEAL:    Thank you, sir. Thanks. Thank

20   you guys.

21               MR. KESSLER:     Very nice. We did it. All

22   right, next item under resolution, it’s the

23   application of Yeshiva Ohr Hameir for site plan

24   approval, an amended special permit for a



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 10 Original page ↗

                                                            Page 10
1    July 7, 2026

 2   university, college, or seminary, and for wetland

 3   and tree removal permits for a proposed 51,730

 4   square foot dormitory building, a 1,640 square

 5   foot storage building, the repurposing of other

 6   buildings on site and site improvements including

 7   storm water, landscaping, and building facade

 8   renovations located at the existing Yeshiva Ohr

 9   Hameir campus at 141 Furnace Woods Road, drawings

10   revised June 12, 2026. Good evening, Mr.

11   Steinmetz.

12               MR. STEINMETZ:      Good evening, Mr.

13   Chairman.

14               MR. KESSLER:     So we had a lengthy

15   discussion about the proposed resolution. We all,

16   I think, received the resolution yesterday, and

17   we had a number of comments on that and made some

18   adjustments to it, after an interesting

19   discussion. So, I think, Michael, you have those

20   changes that you wish to make. So if you would,

21   please put them in the record.

22               MR. CUNNINGHAM:      I do. And as the

23   chairman said, we had actually the lengthiest

24   work session discussion I can remember about a



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 11 Original page ↗

                                                            Page 11
1    July 7, 2026

 2   resolution since I’ve been with the board for the

 3   past eight years, and the board --

 4            MR. STEINMETZ:         I second that motion.

 5            MR. CUNNINGHAM:         The resolution already

 6   had 31 conditions. Now, based on the changes at

 7   the work session, it would have 32. And there

 8   were some other language changes throughout the

 9   existing conditions, which I’ll summarize now for

10   the record. So there was condition five, which

11   talked about the sequencing of the increase in

12   student cap. So one change that the board wanted

13   to make clear was that before there’s -- so

14   after, just to summarize this condition, after

15   the new building is built and receives a

16   certificate of occupancy, the new dormitory

17   building itself, there would, could be an

18   increase in the student cap to -- there would be

19   an increase in the student cap to 256 students,

20   which would be part of a ministerial review,

21   meaning it’s done internally by staff.

22            The applicant also requested an increase

23   to, of the student cap upon other conditions

24   being met, which would be the full build-out of



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 12 Original page ↗

                                                            Page 12
1    July 7, 2026

 2   the site, to 320 students. The board reviewed the

 3   condition as drafted and proposed amendments to

 4   it. So with the amendments, the board wanted to

 5   make clear that before there would be any

 6   increase to 320 students, there would have to be

 7   a full review by this board of any state building

 8   code requirements, fire code, New York State

 9   dormitory code, and all approving agencies with

10   jurisdiction over sewer and water connections.

11   And before there would be an increase in the

12   student cap to 320, there would have to be a

13   presentation before the planning board, and the

14   planning board would have to provide final

15   approval after receiving all requested data. And

16   at the time, the planning board would determine

17   if a public hearing would be required after

18   reviewing the necessary information. That’s

19   change number one. And that was to condition

20   five, just to be clear.

21            The change to condition 19 was that

22   there would be a full economic analysis of the

23   potential addition of solar.

24            And the new condition 32 is the



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 13 Original page ↗

                                                               Page 13
1    July 7, 2026

 2   applicant must provide proof of all water flows

 3   to the, to the property, and there’s going to be

 4   semiannual reporting that’s going to be done via

 5   correspondence with the planning board.

 6               MR. STEINMETZ:         Mr. Chairman, if I can

 7   just be heard very briefly?

 8               MR. KESSLER:        Of course.

 9               MR. STEINMETZ:         First, I want to start

10   by thanking your staff for all of the hard work

11   that I know they put into the resolution, despite

12   my complaining to them over the last week that I

13   wanted to see it earlier. I do appreciate, I know

14   how hard Heather, Michael, Tom, Katie, MP all

15   worked. So I want that to be -- And Chris Lapine.

16   Sorry, sorry Chris.

17               MR. CHRIS LAPINE:          It’s all right.

18               MR. STEINMETZ:         That’s right. And Chris

19   Kehoe, apparently, like his last act of being

20   town planner was to work on this, and we really

21   do appreciate it. I want to be heard on one

22   thing.

23               MR. KESSLER:        Sure.

24               MR. STEINMETZ:         And I have no choice but



                          Geneva Worldwide, Inc.
              228 Park Ave S - PMB 27669. New York, NY 10003

Page 14 Original page ↗

                                                            Page 14
1    July 7, 2026

 2   to do this one final time. Because to the extent

 3   that you are now re-crafting a condition that

 4   will likely necessitate that we come back at some

 5   point in the future, whether I’m here, whether

 6   any of you are here, the record needs to be

 7   clear. And I want to make sure that I leave

 8   behind me, and I hope I’m here, but I want to

 9   leave behind me something that somebody can say

10   on the record and read. So I’m going to say it

11   for the final time.

12            You have no legal right under New York

13   state law to impose a cap on students. Summit

14   School v. Nugent, and I believe the town

15   attorney’s office is very well aware of that. We

16   agreed 15 years ago to a student cap. Part of it

17   was related to a failing septic system and the

18   fact that we wanted to keep this school, which is

19   now in existence for over 40 years, alive and

20   well, and we agreed to it.

21            When we came back this time, I was very

22   clear with you from the outset that I didn’t

23   think it was appropriate. It wasn’t appropriate

24   legally, and it wasn’t appropriate pragmatically.



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 15 Original page ↗

                                                            Page 15
1    July 7, 2026

 2   Pragmatically, because in the interim, we have

 3   spent, together with the town, millions of

 4   dollars to build a sewer system that will benefit

 5   not only the yeshiva, but other properties that

 6   may choose to connect to it.

 7            Having said that, we also acknowledge,

 8   and your counsel used the word ministerial when

 9   he explained the condition, whatever number it is

10   now. It was a ministerial review leading to the

11   CO once that building is completed. When that

12   ministerial review is completed, there’s no

13   reason that the town should preclude us from

14   having 320 people occupy at that point. But yet,

15   we conceded again.

16            In this process, we have conceded to

17   this two-step, going to 256, and then at some

18   later date, when everything else is done, going

19   to 320. The day that we get that certificate of

20   occupancy, I believe, and I haven’t heard any of

21   you professionals say otherwise, the state

22   building code will have been reviewed. The

23   dormitory authority will have been reviewed. The

24   building code will have been reviewed. Our plans



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 16 Original page ↗

                                                             Page 16
1    July 7, 2026

 2   will have been reviewed for that dormitory

 3   building to make sure that my client and its

 4   contractor built that building exactly the way

 5   these folks approved it.

 6             You’ve now said you want us to come back

 7   to bump up to 320. We conceded to that by making

 8   a ministerial submission and review by the

 9   technical people. Your board has no enforcement

10   authority. You should not be conducting a review.

11   You have no technical expertise about anything

12   that happens between the completion of the

13   issuance of that CO and the ultimate increase to

14   320.

15             It’s a fiction, gang. I mean no

16   disrespect. I genuinely don’t. You know I work

17   with you. I’m going to get up and continue

18   working with you tonight, but you’ve created a

19   fiction for optics. That fiction is you want us

20   to come back again so that you can show the

21   public that, well, before they increased to 320,

22   something else happened. We agreed to it. That’s

23   the something else. You should not be in the

24   middle of that increase from 256 to 320. You will



                        Geneva Worldwide, Inc.
            228 Park Ave S - PMB 27669. New York, NY 10003

Page 17 Original page ↗

                                                            Page 17
1    July 7, 2026

 2   be doing nothing. You will have reviewed all of

 3   this data. They will have reviewed all of this

 4   data before I get a certificate of occupancy on

 5   the completion of that building.

 6            So I’m asking one final time, if you

 7   wish us to have to come back here, and that’s

 8   what you choose to do, there is no basis in the

 9   town of Cortlandt code or under New York State

10   Town Law for you to conduct a public hearing and

11   subject all of us, yourselves, your staff, my

12   client, and the public to another public hearing

13   along the lines, Mr. Chairman, that no one else

14   in the room besides really you and me, maybe a

15   couple of others, have now lived through on a

16   couple of different occasions, and it’s the same

17   thing each time.

18            And you know that, and I know that. And

19   I appreciate your efforts during the unruly

20   public hearing that took place several months ago

21   to control the public here. So I implore the

22   board to reconsider the notion of the public

23   hearing. You want us to come back. You want the

24   material submitted to you. You want to look at



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 18 Original page ↗

                                                             Page 18
1    July 7, 2026

 2   it. You want to write letters to DOTS and say,

 3   shut them down, take away their CO, that’s their

 4   decision. You shouldn’t be conducting a public

 5   hearing. And I appreciate the opportunity to be

 6   heard on this, and I really appreciate, as

 7   Michael said, I’ve been here for 30 years, I’ve

 8   never had a work session like that. Thank you for

 9   allowing us to confer with you during the work

10   session.

11              MR. KESSLER:       David, when you go for

12   your C of O, are you going to have four or five

13   beds in the room?

14              MR. STEINMETZ:        There will be four beds

15   in the room. Each room will be capable of

16   handling five different individuals.

17              MR. KESSLER:       Okay, so you’re going to

18   get a C of O with people certifying the 256, not

19   the 320.

20              MR. STEINMETZ:        Under the way the code

21   is -- under the way the resolution is written

22   now.

23              MR. KESSLER:       Under the way you just

24   described it. I mean you said, you know, you’re



                        Geneva Worldwide, Inc.
            228 Park Ave S - PMB 27669. New York, NY 10003

Page 19 Original page ↗

                                                               Page 19
1    July 7, 2026

 2   going --

 3               MR. STEINMETZ:         Because --

 4               MR. KESSLER:        -- to get all the

 5   appropriate approvals, but you’re going to get

 6   the appropriate approvals for 256.

 7               MR. STEINMETZ:         Only because I was asked

 8   during this process, Mr. Chairman, to agree to

 9   this interim fictional number. My building,

10   again, I’ll say it again --

11               MR. KESSLER:        But that’s --

12               MR. STEINMETZ:         I apologize if I’m not

13   being clear. My building, my architect has, has

14   made quite clear to all of us that building will

15   be built for 320 lawful occupants. The sewer is

16   designed for 320 lawful occupants. The water is

17   capable of serving 320.

18               MR. KESSLER:        Okay. And, and all --

19               MR. STEINMETZ:         But Steve, you know

20   what? What I know, and I learned from the

21   yeshiva, they won’t have 320 enrollees at that

22   point.

23               MR. KESSLER:        I understand that, but --

24               MR. STEINMETZ:         Right. So why -- I’m not



                          Geneva Worldwide, Inc.
              228 Park Ave S - PMB 27669. New York, NY 10003

Page 20 Original page ↗

                                                               Page 20
1    July 7, 2026

 2   going to fight over that.

 3               MR. KESSLER:        But what you’re saying is

 4   exactly what we want to validate, is that the

 5   sewer and the water all can accommodate to 320 at

 6   some point in the future.

 7               MR. STEINMETZ:         Do that at the 18-month

 8   CO point then. Do it, do that then. That’s when

 9   you should do it.

10               MR. KESSLER:        We’re going to do it when

11   you come back and ask for 320. That’s when we’re

12   going to do it.

13               MR. STEINMETZ:         You can do what you

14   choose to do.

15               MR. KESSLER:        One other comment. I don’t

16   remember if it’s in the resolution, but at some

17   point, there’s also a decertification that’s

18   going to take place of the existing sanitary

19   sewer?

20               MR. STEINMETZ:         Yes. We have to close it

21   in accordance with all Department of Health

22   requirements and then re-vegetate it is in the

23   resolution.

24               MR. KESSLER:        Okay.



                          Geneva Worldwide, Inc.
              228 Park Ave S - PMB 27669. New York, NY 10003

Page 21 Original page ↗

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1    July 7, 2026

 2              MR. LAPINE:        Yeah. That’s phase one of

 3   the project, where they have to install the water

 4   and the sewer. That’s in the resolution.

 5              MR. KESSLER:        Phase one is the sewer. Is

 6   it --

 7              MR. STEINMETZ:         And so you’re aware,

 8   this is actually, it’s not in the resolution, but

 9   while we’re on that topic, you should be -- we

10   want to connect to that sewer --

11              MR. KESSLER:        Oh, sure.

12              MR. STEINMETZ:         -- as soon as we can. So

13   even if it’s before phase one is completed, if we

14   have submitted to the satisfaction of DOTS and

15   the Department of Health, to me, that sewer

16   connection is sort of outside this.

17              MR. KESSLER:        I think we’re all in

18   agreement. That should be top priority.

19              MR. STEINMETZ:         Good. We at least agreed

20   on one thing tonight, Steve. I know.

21              MR. KESSLER:        Yeah. And for the first

22   time ever. So were there any other things? I

23   think we covered everything in the, in terms of

24   the revisions? Notwithstanding Mr. Steinmetz’s



                         Geneva Worldwide, Inc.
             228 Park Ave S - PMB 27669. New York, NY 10003

Page 22 Original page ↗

                                                             Page 22
1    July 7, 2026

 2   comments?

 3               MR. CUNNINGHAM:       Those were the notes I

 4   had.

 5               MR. KESSLER:      Okay. Any other comments

 6   from the board? All right. So if not -- oh,

 7   Peter, I think we also have to adopt a neg dec

 8   first also.

 9               MR. MCKINLEY:        First?

10               MR. KESSLER:      Yeah.

11               MR. MCKINLEY:        Okay. All right. Mr.

12   Chairman, I’d like to make a motion to adopt the

13   neg dec, and --

14               MR. KESSLER:      Well, let’s take them each

15   --

16               MR. MCKINLEY:       Oh, sorry. Yeah, two.

17               MR. KESSLER:      Second, please.

18               MR. CANTRELL:        Second.

19               MR. KESSLER:      And on the question? All

20   in favor?

21               MULTIPLE:     Aye.

22               MR. KESSLER:      Opposed? Okay, Peter.

23               MR. MCKINLEY:       And then continuing to

24   adopt a Resolution 15-26 on case 2025-7, Yeshiva



                        Geneva Worldwide, Inc.
            228 Park Ave S - PMB 27669. New York, NY 10003

Page 23 Original page ↗

                                                            Page 23
1    July 7, 2026

 2   dormitory and campus upgrades with specific

 3   details discussed in this meeting carried off by

 4   Michael Cunningham.

 5               MR. KESSLER:     Okay. With --

 6               MR. ROTHFEDER:      Second.

 7               MR. KESSLER:     -- a second, again, with

 8   the revisions noted by Mr. Cunningham. So on the

 9   question, all in favor?

10               MULTIPLE:    Aye.

11               MR. KESSLER:     Opposed? Okay.

12               MR. STEINMETZ:      Thank you.

13               MR. KESSLER:     Thank you. All right,

14   moving on --

15               MR. ELYA KANAREK:       Excuse me, Mr.

16   Chairman?

17               MR. KESSLER:     Oh, yes, sir?

18               MR. KANAREK:     Can I thank you for the

19   last 20 years of putting up with me, putting up

20   with the public. I hope in three years from now

21   it’ll be a lot easier. Thank you very, very much,

22   everybody.

23               MR. KESSLER:     I hope we’re all here in

24   three years.



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2            MR. KANAREK:        And thank you to everybody

 3   on the staff for all the hard work that you’ve

 4   done. Thank you.

 5            MR. KESSLER:        Thank you. All right, so

 6   next item is a continued public hearing, it is

 7   the Evergreen Assisted Living Facility, it’s the

 8   application of VS Construction Corporation for

 9   site plan approval and tree, wetland, and steep

10   slope permits, proposed 96,850 square foot

11   assisted living facility located in the medical

12   oriented district at 2003 Crompond Road. Drawings

13   revised June 24, 2026.

14            MR. STEINMETZ:         Good evening, Mr.

15   Chairman. Unfortunately, I’m still David

16   Steinmetz, with Zarin and Steinmetz, here on

17   behalf of the applicant. We’re here first to talk

18   about the assisted living. Before we present

19   that, I have some information that my client and

20   our team feel you all need to know, some bad news

21   and some good news. The bad news is that based

22   upon the process that we’ve been through, which

23   preceded your board, and includes your board, we

24   have now lost the second assisted living



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   provider. Benchmark Senior Living has canceled

 3   and decided that it no longer wanted to be part

 4   of this. Part of that was the duration of the

 5   review process.

 6               The good news is that through the hard

 7   work of Val and Mandy Santucci, they have been

 8   able to attract Sunrise Senior Living. Sunrise

 9   Senior Living, you may know, is actually the

10   largest senior living provider in the United

11   States. There are several that they have in the

12   immediate area, in Westchester County, on Long

13   Island, across the river as well, and we are now

14   working to get them on board completely. The

15   additional good news is that Sunrise, at the

16   moment, has, as we have, as the Santuccis have

17   made it quite clear to them, they really need to

18   do the same exact concept that Benchmark was

19   doing.

20               So, as of this moment, we are no longer

21   referring to this as Benchmark Senior Living in

22   Cortlandt. It is now Sunrise Senior Living in

23   Cortlandt, and we have certainly not downgraded

24   the assisted living provider. It’s important that



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              228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   we all recognize, just some of your board members

 3   were not on, we had Trammell Crow, one of the

 4   largest developers in the nation, at the table at

 5   the beginning of this. We lost them. We had

 6   Benchmark Senior Living. We lost them. We now

 7   have Sunrise.

 8            That having been said, the good news is

 9   we’re here tonight with some minor changes that

10   Mark Gratz from DTS is going to walk us through

11   regarding fencing, planting plan, some lighting

12   revisions. We have been trying to finalize some

13   of the details, and tonight is a public hearing.

14            I am hoping Mr. Chairman and members of

15   the board that you will consider after tonight,

16   because I don’t think you’re going to hear much,

17   closing the public hearing and referring this

18   back to staff to prepare a draft resolution so

19   that we can do our best to advance this process

20   and keep Sunrise at the table. So, having said

21   that, I’m going to turn it over to Mark to just

22   very briefly walk through some of the technical

23   information that has been submitted to staff. If

24   you have questions, we’re here to answer all of



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           228 Park Ave S - PMB 27669. New York, NY 10003

Page 27 Original page ↗

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1    July 7, 2026

 2   it.

 3            MR. MARK GRATZ:         Thank you, David. Good

 4   evening, Mr. Chairman, members of the board. Mark

 5   Gratz with DTS Provident, civil site engineer and

 6   land planner. I’ve been asked just to give kind

 7   of a quick walkthrough of what was just recently

 8   submitted. And for parcel one, we were generally

 9   responding to planning and engineering comments

10   that had been provided to us. On the planning

11   side, we were addressing fencing comments, which

12   also, I believe, came up at the last planning

13   board meeting, to adjust some fences in the area

14   of the refuse enclosure. So, we provided more of

15   a construction detail on that enclosure and also

16   extended it further to also screen the generator

17   in the area.

18            On the planting side, there was the

19   removal of some non-native material that had been

20   specified. There was a cotoneaster plant, which I

21   think was removed from the plans. And there was

22   also a confirmation of a discrepancy of evergreen

23   trees. There was a discrepancy between 58 versus

24   60 on the plan. We’ve confirmed the 60 that will



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   be provided.

 3            Site lighting, there were comments about

 4   their being too bright of a light ambiance in the

 5   area of the porte cochere, that’s been reduced 50

 6   percent on the current submission. There was the

 7   addition of a security light and the newly added

 8   walk that was added along the north side of the

 9   building, primarily to provide emergency access

10   for -- that came out of our meetings with the

11   fire department. That gives them access all the

12   way around the building. So, there was a wall-

13   mounted fixture that was installed at that area.

14   And also adjustments in the lighting levels down

15   to a 2700 Kelvin. Also listed on the plans was

16   the requirement to have a downlit monument sign

17   in the front of the project, I believe in

18   conformance with town code.

19            In terms of the engineering comments,

20   we’re still continuing to work with LaBella’s

21   office. We did submit a full SWPPP, demonstrating

22   we have met all the water quality and storm water

23   runoff requirements in our belief in accordance

24   with New York State DEC’s requirements and the



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   town’s local regulations. Most of the comments

 3   there that we’re starting to address were things

 4   like providing additional spot elevations,

 5   revising grading, but nothing that would

 6   materially alter the site plan. Utilities, some

 7   pipe sizing, and cleanups of utility profiles.

 8   And some of that is still ongoing, and we’re

 9   going to continue to work with LaBella on that

10   item. That pretty much sums up the general nature

11   of the comments.

12            MR. KESSLER:        So basically, what I’m

13   hearing is no substantive changes occurring

14   because of the change of vendees to Sunrise

15   Senior Living.

16            MR. GRATZ:       Correct.

17            MR. KESSLER:        So, well, first it’s a

18   public hearing. Is there anybody that wishes to

19   comment on this application? Okay, hearing none.

20   So, where are we then? So, they’ve responded to

21   your concerns, Chris?

22            MR. LAPINE:        Yeah, they’ve responded to

23   multiple numbers of our concerns. I know their

24   office was recently just given the offsite



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   drainage analysis by Collier Engineering. They’re

 3   working on behalf of the town regarding the

 4   Crompond Road improvements. I know Mark’s office

 5   just received this on July 1st, so did we, and

 6   they’re going to be incorporating this

 7   information into their drainage report.

 8            MR. KESSLER:        Okay.

 9            MR. LAPINE:        And I know Michael Preziosi

10   also just provided a letter on July 1st that was

11   circulated to the board about setting the

12   drainage criteria as dictated in the town code,

13   so that they have some guidance and objectives to

14   strive for in their storm water pollution

15   prevention report. So, they’re working towards

16   meeting these objectives, so I feel good.

17            MR. KESSLER:        So where are we then in

18   the process? There are things for you to review.

19   David’s requesting closing the public hearing.

20   Are we ready to do that? I mean obviously,

21   there’s nobody here to comment on it, but we can

22   keep the record open for a while, right?

23            MR. STEINMETZ:         Nobody has commented on

24   this at all throughout this whole process. So



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   yeah, obviously, keep the record open.

 3               MR. KESSLER:        You’ll give us extensions

 4   as needed?

 5               MR. STEINMETZ:         Absolutely. We know we

 6   have work to do, and as I said, I feel like on

 7   behalf of the Santuccis, it’s sort of in

 8   everyone’s mutual interest, the town and VS

 9   Construction, to try to get to a resolution so

10   that we can show a provider that we have a

11   resolution.

12               MR. KESSLER:        Okay. Well, you’ve got to

13   clean up the back and forth before we get to that

14   point.

15               MR. STEINMETZ:         Yep. Understood. And --

16               MR. LAPINE:        They’re confident that

17   there’s no changes to the elevations that have

18   been reviewed by the planning board?

19               MR. STEINMETZ:         That is correct. As of

20   right now, we believe that the Santuccis will

21   still likely be the ones padding that site. They

22   have, you know, Chris, that they know better than

23   anyone the soil condition on that site.

24               MR. LAPINE:        Right.



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              228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2              MR. STEINMETZ:       And the utilization of

 3   soil from the assisted living parcel to try to

 4   bring it to the Lenore parcel. They know that.

 5   They’ve explained that to both of their contract

 6   vendors.

 7              MR. LAPINE:      Okay.

 8              MR. CUNNINGHAM:       If you do close the

 9   public -- if the board decides to close the

10   public hearing tonight, too, if there are any

11   significant changes to the elevations or anything

12   else --

13              MR. STEINMETZ:       We come back.

14              MR. CUNNINGHAM:       -- with the next

15   provider --

16              MR. KESSLER:      Okay.

17              MR. CUNNINGHAM:       -- then you could

18   reopen the public hearing.

19              MR. STEINMETZ:       And just so you’re all

20   clear, I know that. I acknowledge that. On the

21   record, I’m stating, if in fact we change things,

22   we’re coming back. We know that. We don’t want to

23   do that, but I do want to try to get to a

24   resolution.



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2               MR. KESSLER:        Okay, but as long as, as

 3   we’ve said that the 62-day clock is going to be

 4   held in abeyance.

 5               MR. STEINMETZ:         At the moment, we’re

 6   good. So if you -- he’s got my number, he’ll call

 7   me if he needs the extension.

 8               MR. KESSLER:        Okay.

 9               MR. CUNNINGHAM:         David, I think that was

10   just, I don’t know if necessarily you have mutual

11   understanding there.

12               MR. KESSLER:        I said the same thing.

13               MR. CUNNINGHAM:         I think the chairman

14   was asking to just suspend --

15               MR. STEINMETZ:         Suspend it?

16               MR. CUNNINGHAM:         Suspend the 62-day

17   clock.

18               MR. KESSLER:        It may not be necessary,

19   but it just gives us the leeway, the flexibility.

20               MR. STEINMETZ:         How about we give you

21   124-day clock, and then I get to do a public

22   hearing if I don’t want to extend?

23               MR. KESSLER:        Right.

24               MR. CUNNINGHAM:         How about we extend to



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              228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   the October 6th meeting at this point, and then

 3   there could always be another extension. October

 4   6th would be over 90 days or so.

 5            MR. STEINMETZ:         That’s fine. Do whatever

 6   you need to do.

 7            MR. KESSLER:        Okay, fine.

 8            MR. ROTHFEDER:         So should we prepare the

 9   resolution?

10            MR. KESSLER:        No, I think we’re just

11   going to --

12            MR. STEINMETZ:         No.

13            MR. KESSLER:        -- they still have to work

14   out some of the details, but correct.

15            MR. STEINMETZ:          Are they authorized to

16   begin before we come back to work on that? So we

17   don’t need to do another comeback for no reason.

18   We would only come back if they’re ready with a

19   resolution.

20            MR. ROTHFEDER:         Yeah.

21            MR. CUNNINGHAM:         You could close the

22   public hearing and direct staff to prepare a

23   resolution once the necessary information is

24   submitted.



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2               MR. STEINMETZ:      Exactly.

 3               MR. CUNNINGHAM:      In a sufficient level

 4   for the planning board to review.

 5               MR. KESSLER:     When you’re ready to start

 6   preparing it, prepare it?

 7               MR. CUNNINGHAM:      Yes.

 8               MR. KESSLER:     Okay.

 9               MR. STEINMETZ:      Yes. Thank you.

10               MR. ROTHFEDER:      So are we directing to

11   prepare it for the next meeting?

12               MR. KESSLER:     Well, to --

13               MR. STEINMETZ:      When they’re ready.

14               MR. ROTHFEDER:      I mean, it’s two months,

15   right? So --

16               MR. KESSLER:     We’re directing them to

17   prepare it when they think they’re ready to start

18   preparing it.

19               MR. ROTHFEDER:      Okay. Mr. Chairman, that

20   we close the public hearing and direct staff to

21   prepare a resolution of approval when they’re

22   ready to.

23               MR. KESSLER:     Okay. I think that’s a

24   first. Second, please.



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2               MS. HILDINGER:        I second.

 3               MR. KESSLER:       And on the question? All

 4   in favor?

 5               MULTIPLE:      Aye.

 6               MR. KESSLER:       Opposed. Excellent. See?

 7               MR. STEINMETZ:        Yeah, you’ve got to do

 8   the next one.

 9               MR. KESSLER:       Oh, you’re both standing

10   there, so I didn’t know --

11               MR. STEINMETZ:        We’re not going to sit

12   down.

13               MR. KESSLER:       All right. Onto old

14   business, it’s the application of VS Construction

15   Corp. for site development plan approval and for

16   steep slope and tree removal permits for a

17   proposed 9,600 square foot commercial building

18   located on future parcel three within the

19   medical-oriented district for property located at

20   2003 Crompond Road. Drawings revised June 24,

21   2026, also known as the Evergreen Commercial

22   Building parcel three.

23               MR. STEINMETZ:        So just like the last

24   item, we’re going to do a quick little, very



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             228 Park Ave S - PMB 27669. New York, NY 10003

Page 37 Original page ↗

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1    July 7, 2026

 2   brief update on what DTS has been working on. You

 3   should all know that we have been speaking with

 4   staff. We are exploring multiple different ways

 5   to try to address concerns that you’ve all

 6   expressed to our client about the retaining rail,

 7   the setback from the adjacent property, as well

 8   as possible different ways to address the wetland

 9   crossing. But for the moment, we are advancing

10   with this commercial building, and I’ll let Mark

11   address that.

12            MR. GRATZ:       Good evening, Mr. Chairman.

13   Once again, Mark Gratz, DTS Provident, soil site

14   engineer. Here, it’s going to be even briefer.

15   Basically, once again, we were just trying to

16   address planning and engineering comments as we

17   continue to move the process forward. Two

18   requested sight lines that were requested at the

19   last board meeting were added to the site

20   sections that showed the view from the adjoining

21   property, not only from the ground level, from

22   the second floor, from the eyesight of somebody

23   in the second floor of the residence. That was

24   shown on two different proposals, one that had



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   the commercial building located closer towards

 3   the northerly property line. Let me take that

 4   back. Closer to the southerly property line was

 5   the first one, which is the current proposal,

 6   with the parking in between the building and

 7   Crompond Road.

 8            And then we had also been asked to do

 9   the same for an earlier version that was under

10   consideration, which would’ve flipped, showing

11   the building closer to Crompound Road with the

12   parking in the rear closer to the residence, but

13   would’ve also placed the rear of the building

14   closer to Crompond Road, which I think was one of

15   the reasons also for shifting the building back

16   on the property.

17            In addition to that, we had submitted

18   basically the tree information that was gathered

19   by the town’s planning consultant, SavATree. In

20   the end, a total of, I think, 68 trees are

21   proposed to be planted to basically meet the

22   town’s requirements. There were no specimen trees

23   that were found that fall under the town’s

24   Appendix A.



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2               In the one engineering item which we did

 3   address, because we were kind of surprised to

 4   hear it, and thank you, Chris, on the emergency

 5   access drive, we looked at the 20 percent grade,

 6   but we’ve modified the grading on the grading

 7   plan so that now it’s showing just under 10

 8   percent for the grades on the emergency access

 9   drive that come in off of Lafayette.

10               That was primarily the changes. Again,

11   it was also just to kind of advance things with

12   staff and to address the past comments of the

13   board.

14               MR. KESSLER:        Thanks. You’ve given us

15   two proposals, right? As you said, one closer to

16   the road.

17               MR. GRATZ:       Mm-hmm.

18               MR. KESSLER:        Weren’t we supposed to see

19   something more visually about that, or is this

20   it?

21               MR. STEINMETZ:         I don’t think that,

22   Steve, I don’t think that changed since the last

23   meeting. We did do that at the last meeting. We

24   gave you architectural elevation angles from



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              228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   eastbound and westbound. Heather, I don’t know if

 3   you -- normally, I’d turn to Chris and say,

 4   Chris, can you bring those up?

 5             MR. KESSLER:        I don’t recall.

 6             MR. LAPINE:        It was SK-2, Heather.

 7             MS. LAVARNWAY:         What’s that?

 8             MR. LAPINE:        SK-2 of their drawing set.

 9             MS. LAVARNWAY:         But not from today?

10             MR. STEINMETZ:         No.

11             MS. LAVARNWAY:         Not today’s --

12             MR. STEINMETZ:         No, this would be last

13   month’s submission that we did at the --

14             MR. KESSLER:        I mean, I have that, that

15   was it?

16             MR. LAPINE:        SK-2 is the sheet.

17             MR. STEINMETZ:         That’s it. The answer’s

18   yes.

19             MR. KESSLER:        Okay. And you don’t have a

20   preference?

21             MR. STEINMETZ:         So --

22             MR. KESSLER:        I thought the board’s

23   preference was two, I think, if I recall. Was

24   that closest to the road?



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            228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2            MR. LAPINE:        No. It’s got to go back to

 3   where they were originally proposing it.

 4            MR. STEINMETZ:         Actually, I didn’t think

 5   that was -- Mandy, you may want to come closer,

 6   so I don’t have to like --

 7            MR. LAPINE:        Yeah.

 8            MR. STEINMETZ:         I actually did not think

 9   that’s what you all ultimately --

10            MR. KESSLER:        No?

11            MR. STEINMETZ:         We, we prefer the one

12   that is further back with the wall up against

13   that 30 foot --

14            MR. MCKINLEY:         That’s correct.

15            MR. STEINMETZ:         -- setback.

16            MR. KESSLER:        Is that right?

17            MR. MCKINLEY:         That is correct.

18            MR. KESSLER:        Oh, okay. I had it

19   backwards.

20            MR. MCKINLEY:         The parking was not

21   preferred.

22            MR. STEINMETZ:         And I think you didn’t

23   like when we brought it all the way forward. We

24   received some objection to that, but we tested



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2   it.

 3            MR. KESSLER:        Oh, okay.

 4            MR. MCKINLEY:         By Kevin, specifically.

 5            MR. STEINMETZ:         Exactly.

 6            MR. MR. MCKINLEY:          Correct.

 7            MR. STEINMETZ:         Thank you, Peter, for

 8   clarifying. That was definitely my recollection.

 9   So now we’re kind of tweaking the one that we

10   prefer, and think with vegetation and some

11   careful crafting of that wall, we can achieve it.

12            MR. KESSLER:        And the neighbor, you

13   think, will be sufficiently screened out? So are

14   you able to speak to that?

15            MR. MANDY SANTUCCI:           Yes.

16            MR. STEINMETZ:         Somebody?

17            MR. SANTUCCI:         Yes. So what we’ve found

18   is that with moving the building to the back,

19   there will also be a parapet wall in the back

20   that will help visually, actually, screen a

21   portion of the roof. I can’t say it’ll screen out

22   all the mechanical equipment, but almost, I would

23   say, close to 50 percent of the roof area would

24   actually be screened.



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2               MR. KESSLER:     Got it.

 3               MR. SANTUCCI:      Just from the view and

 4   the placement of both, realistically, the six-

 5   foot fence and/or the parapet wall.

 6               MR. KESSLER:     And would the mechanical

 7   equipment be placed the furthest away from the

 8   neighbor?

 9               MR. SANTUCCI:      Yes.

10               MR. KESSLER:     Is that the intent, or --

11               MR. SANTUCCI:      I think the intent would

12   be to try and screen the mechanical equipment

13   from the adjoining neighbor to the extent

14   possible.

15               MR. KESSLER:     But it would be on the

16   right side of the building?

17               MR. SANTUCCI:      On the roof.

18               MR. KESSLER:     On the roof, but on the

19   right side as opposed to the left side?

20               MR. STANTUCCI:      I don’t think it matters

21   left or right. I think it’s just going to be on

22   the roof.

23               MR. KESSLER:     No, I’m just thinking

24   about the noise for the neighbor.



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           228 Park Ave S - PMB 27669. New York, NY 10003

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1    July 7, 2026

 2               MR. STEINMETZ:        Move it back. Push it

 3   back.

 4               MR. SANTUCCI:        I think --

 5               MR. CUNNINGHAM:        The chairman’s

 6   requesting that you move it as far away from the

 7   neighbor as possible.

 8               MR. STEINMETZ:        Yeah. We can certainly

 9   do that.

10               MR. LAPINE:       I thought one of the things

11   we talked about was -- I thought one of the

12   things --

13               MR. STEINMETZ:        Brought back makes a

14   little bit more sense.

15               MR. LAPINE:       I thought we talked about

16   the mechanicals not being on the roof at one of

17   the previous meetings, that they were going to be

18   on the ground, the mechanicals. That was

19   discussed at one of the previous meetings.

20               MR. GRATZ:      We can explore that.

21               MR. LAPINE:       Yeah.

22               MR. GRATZ:      And if it turns out to be

23   viable, we can definitely show you.

24               MR. STEINMETZ:        And Mandy, did you want



                         Geneva Worldwide, Inc.
             228 Park Ave S - PMB 27669. New York, NY 10003

Page 45 Original page ↗

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1    July 7, 2026

 2   to make a point about --

 3             MR. SANTUCCI:         Yeah, so the two site

 4   sections that are up there will show you that if

 5   you set the building back into the hill the

 6   neighbor would see less of the building. I mean,

 7   common sense.

 8             MR. STEINMETZ:         The further forward it

 9   comes, the more it --

10             MR. SANTUCCI:         Correct

11             MR. STEINMETZ:         -- becomes optically

12   visible from the neighbor.

13             MR. SANTUCCI:         Yeah. And that’s what

14   these sections will show you.

15             MR. KESSLER:        So you think the

16   mechanicals are on the ground, Chris?

17             MR. LAPINE:        I think, I think

18   mechanicals in this particular situation would be

19   better placed on the ground than they would be on

20   the top of the building itself.

21             MR. KESSLER:        Is it shown on the plan

22   now?

23             MR. LAPINE:        The mechanicals aren’t

24   shown on the top of the building.



                        Geneva Worldwide, Inc.
            228 Park Ave S - PMB 27669. New York, NY 10003

Page 46 Original page ↗

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1    July 7, 2026

 2             MR. KESSLER:       Where is it shown on the

 3   plan on the ground?

 4             MR. LAPINE:       They’re not. What I’m

 5   referencing is, we had this discussion, I think

 6   it was Matt Steinberg referenced that they would

 7   be on the ground, with DTS.

 8             MR. KESSLER:       Okay.

 9             MR. LAPINE:       There’s, there’s room to

10   the west of the building. There’s a, right

11   outside of the sidewalk area, there’s a green,

12   green space where they could place the

13   mechanicals.

14             MR. STEINMETZ:        Towards the emergency

15   access?

16             MR. LAPINE:       Towards the emergency

17   access.

18             MR. STEINMETZ:        Okay.

19             MR. SANTUCCI:        Mr. Chairman, we have no

20   problem in locating them on the ground. I got to

21   be honest, this is the first that I’m really

22   hearing that we were going to go in that

23   direction. I heard it was a possibility. I think

24   it was more just not wanting to rule out which



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 47 Original page ↗

                                                            Page 47
1    July 7, 2026

 2   way we’d go, but --

 3              MR. KESSLER:      Okay.

 4              MR. SANTUCCI:       -- we could definitely.

 5              MR. KESSLER:      I just wanted to just be

 6   mindful of the neighbor in terms of the noise.

 7              MR. SANTUCCI:       Exactly, yeah.

 8              MR. KESSLER:      That’s all.

 9              MR. SANTUCCI:       Yeah. And moving it to

10   the ground could potentially put it behind the

11   retaining wall that does get built along the

12   south side, so the retaining wall helps to screen

13   it both visually and acoustically.

14              MR. KESSLER:      All right, well, you guys

15   will work this out I’m sure.

16              MR. SANTUCCI:       Yeah.

17              MR. KESSLER:      So, what, sending this

18   back to staff?

19              MR. CUNNINGHAM:       I would think before it

20   goes to a public hearing, you’d want to at least

21   have the mechanicals, determine where they’re

22   actually going to go, because I think that would

23   be a big topic of conversation for the public

24   hearing.



                       Geneva Worldwide, Inc.
           228 Park Ave S - PMB 27669. New York, NY 10003

Page 48 Original page ↗

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1    July 7, 2026

 2               MR. KESSLER:        Have we heard from the

 3   neighbor on this at this point?

 4               MR. CUNNINGHAM:         I think the neighbor

 5   actually showed up for a different public hearing

 6   for the MOD and brought up

 7               MR. KESSLER:        Oh, okay.

 8               MR. CUNNINGHAM:         Yeah.

 9               MR. LAPINE:        He brought up the well

10   issue.

11               MR. CUNNINGHAM:         And brought up the well

12   issue.

13               MR. STEINMETZ:         That’s the only

14   individual who has shown up in connection with

15   this.

16               MR. KESSLER:        Yeah, but we haven’t

17   advertised anything yet, in terms of a public

18   hearing.

19               MR. CUNNINGHAM:         And I think when that

20   neighbor did come out, the neighbor was concerned

21   about this area of the property. So, I think it

22   makes sense to have the mechanicals figured out.

23               MR. KESSLER:        Okay, so refer this back,

24   what do you think, one more time, and hopefully



                          Geneva Worldwide, Inc.
              228 Park Ave S - PMB 27669. New York, NY 10003

Page 49 Original page ↗

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1    July 7, 2026

 2   get this into a public hearing?

 3               MR. CUNNINGHAM:         Yes.

 4               MR. KESSLER:        All right. Any other

 5   comments, staff, board? If not, who’s got it,

 6   Jeff? You do? No, no, I’m sorry. Nora?

 7               MS. HILDINGER:         It’s me. I’d like to

 8   make a motion for case 2026-3 to refer it back to

 9   staff.

10               MR. KESSLER:        Second please.

11               MR. ROTHFEDER:         Second.

12               MR. KESSLER:        Thank you. On the

13   question? All in favor?

14               MULTIPLE:       Aye.

15               MR. KESSLER:        Opposed? Okay.

16               MR. STEINMETZ:         Thank you.

17               MR. KESSLER:        Thank you.

18               MR. SANTUCCI:          Thank you.

19               MR. KESSLER:        Thank you. All right,

20   continuing with our old business, the application

21   of 77 Montrose Station LLC for a six-month time

22   extension of their preliminary plat approval,

23   originally granted on January 6, 2026, via

24   Planning Board Resolution 3-26, proposed three-



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              228 Park Ave S - PMB 27669. New York, NY 10003

Page 50 Original page ↗

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1    July 7, 2026

 2   lot major subdivision of an approximately 9.7-

 3   acre parcel located at 77 Montrose Station Road.

 4   Kellan?

 5               MR. CANTRELL:          Chairman, I’ll make a

 6   motion to approve Resolution 16-26.

 7               MR. KESSLER:        Second, please.

 8               MR. ROTHFEDER:         Second.

 9               MR. KESSLER:        On the question? All in

10   favor?

11               MULTIPLE:       Aye.

12               MR. KESSLER:        Opposed?

13               MR. STEINMETZ:         Thank you.

14               MR. KESSLER:        All right, next item, also

15   77 Montrose Station Road. It’s the introduction

16   of the application of 77 Montrose Station Road

17   for final plat approval of a proposed three-lot

18   major subdivision located at 77 Montrose Station

19   Road, final subdivision plat, and subdivision and

20   site plan drawings revised June 17, 2026. So just

21   so it’s clear, you needed the extension for the

22   preliminary plat, but you also at the same time

23   are ready for final plat approval. The board, of

24   course, has the option to schedule or not a



                          Geneva Worldwide, Inc.
              228 Park Ave S - PMB 27669. New York, NY 10003

Page 51 Original page ↗

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1    July 7, 2026

 2   public hearing on the final plat. Staff informs

 3   us that everything is in substantial --

 4            MR. STEINMETZ:         Substantial --

 5            MR. KESSLER:        -- compliance with the

 6   preliminary plat. So, as we discussed at the work

 7   session, we really don’t think we need to have a

 8   public hearing. I know that’s going to shock you.

 9   So, with that, we’ll prepare a resolution, and

10   Peter’s going to ask for one.

11            MR. MCKINLEY:          Okay. Mr. Chairman, I’d

12   like to direct staff to prepare a resolution for

13   PB2025-15, Fucci two-Lot Subdivision.

14            MS. LAVARNWAY:         Nope. Nope.

15            MR. KESSLER:        Second, please.

16            MS. LAVARNWAY:         Nope. Wrong.

17            MS. TIMKO:       No.

18            MS. LAVARNWAY:         We’re on 77 --

19            MR. MCKINLEY:          Which one?

20            MS. LAVARNWAY:         -- -Montrose Station

21   Road. We were --

22            MR. MCKINLEY:          Oh. I was misinformed, in

23   the very long meeting.

24            MS. LAVARNWAY:         Sorry.



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           228 Park Ave S - PMB 27669. New York, NY 10003

Page 52 Original page ↗

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1    July 7, 2026

 2               MR. KESSLER:       All right, all right.

 3   Rewind.

 4               MR. MCKINLEY:        Rewind.

 5               MS. LAVARNWAY:        Did we get it?

 6               MR. MCKINLEY:        David’s checking his

 7   watch for a rewind.

 8               MR. STEINMETZ:        I’m checking to see, you

 9   said it was such a long meeting, Peter. I’m

10   thinking --

11               MR. KESSLER:       I’m sorry. You’re right.

12   It was Karen. It was my mistake. I apologize. All

13   right, Karen, it’s your turn. Sorry.

14               MS. TIMKO:      Chairman, I’d like to make a

15   motion with respect to PB-2025, 77 Montrose

16   Station Road, to waive a public hearing and

17   direct staff to prepare a resolution for final

18   plat approval for consideration at the public

19   board or the planning board meeting on August 4,

20   2026.

21               MR. KESSLER:       Thank you. Second, please.

22               MR. ROTHFEDER:        Second.

23               MR. KESSLER:       And on the question? All

24   in favor?



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             228 Park Ave S - PMB 27669. New York, NY 10003

Page 53 Original page ↗

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1    July 7, 2026

 2               MULTIPLE:       Aye.

 3               MR. KESSLER:        Opposed? Okay, see you

 4   then.

 5               MR. STEINMETZ:         See you then. Thank you

 6   for your time and your patience.

 7               MR. KESSLER:        Thank you. All right, I

 8   think our final item of the evening is the

 9   application of Joel Greenberg, RA, on behalf of

10   Robert Fucci for preliminary plat approval for a

11   two-lot minor subdivision of an approximately

12   22,000 square foot parcel of property located at

13   12 Putnam Park Road, drawing revised June 24,

14   2026. Mr. Greenberg. Good evening.

15               MR. JOEL GREENBERG:           Good evening,

16   everyone. Joel Greenberg, architect for the

17   project. At the last meeting, there was a whole

18   series of things that were asked to be revised

19   for the presentation, which was done, and I

20   believe we’re at a point where we can go for

21   resolution.

22               MR. KESSLER:        I think you’re right. So,

23   Peter.

24               MR. MCKINLEY:          Twice the charm? Is that



                          Geneva Worldwide, Inc.
              228 Park Ave S - PMB 27669. New York, NY 10003

Page 54 Original page ↗

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1    July 7, 2026

 2   what you’re doing? Okay. I’d like to direct staff

 3   to prepare a resolution for PB2025-15 for the

 4   Fucci Two-Lot Subdivision.

 5               MR. CUNNINGHAM:        And with this one, too,

 6   did we ever have a public hearing on this?

 7               MR. KESSLER:     No.

 8               MR. CUNNINGHAM:        I don’t believe we’ve

 9   ever had a public, so I think we should have the

10   public --

11               MR. KESSLER:     Really? How can we have a

12   public hearing on this?

13               MR. CUNNINGHAM:        Because I think there

14   was some redesign that they did recently before

15   they were going to need a variance, and then they

16   actually went and redesigned, and now they don’t

17   need a variance.

18               MR. KESSLER:     Oh.

19               MR. CUNNINGHAM:        So, I think you could

20   have a public hearing. You could have the

21   resolution ready as well, but --

22               MR. KESSLER:     Okay.

23               MR. CUNNINGHAM:        -- I think you need to

24   have the public hearing as part of the



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           228 Park Ave S - PMB 27669. New York, NY 10003

Page 55 Original page ↗

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1    July 7, 2026

 2   subdivision.

 3               MR. MCKINLEY:         So, in addition, I’d like

 4   to declare a public meeting for next, the public

 5   meeting for next, for next meeting, public --

 6               MR. KESSLER:       Okay. Well, August the

 7   4th, we’ll have a public hearing, and we’ll have

 8   staff prepare a resolution for that as well.

 9               MR. MCKINLEY:         Right.

10               MR. KESSLER:       Okay, so second, please.

11               MR. ROTHFEDER:        Second.

12               MR. KESSLER:       And on the question? All

13   in favor?

14               MULTIPLE:      Aye.

15               MR. GREENBERG:        Thank you very much. I

16   hope you had a good 4th, and at the next meeting,

17   I’ll wish you a happy Labor Day. Thank you. We

18   have to continue the tradition, you know that.

19               MR. ROTHFEDER:        We know. Thank you.

20               MR. KESSLER:       Good night. Kellan?

21               MS. HILDINGER:        Kellan?

22               MR. CANTRELL:         Oh, yeah. Oh, the time is

23   7:55.

24               MR. KESSLER:       Motion to adjourn.



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             228 Park Ave S - PMB 27669. New York, NY 10003

Page 56 Original page ↗

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1    July 7, 2026

 2              MR. CANTRELL:         And I make a motion to

 3   adjourn.

 4              MR. KESSLER:        Thank you.

 5              MR. ROTHFEDER:         He didn’t just want the

 6   time.
 7              (The public board meeting concluded at 7:55 p.m.)

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24




                         Geneva Worldwide, Inc.
             228 Park Ave S - PMB 27669. New York, NY 10003

Page 57 Original page ↗

                                                                      Page 57


                             CERTIFICATE OF ACCURACY



     I, Juan Penagos, certify that the foregoing

     transcript of the Board meeting of the Town of

     Cortlandt on July 7, 2026 was prepared using the

     required transcription equipment and is a true and

     accurate record of the proceedings.



        Certified By




        ________________________________________



        Date: July 29, 2026




GENEVAWORLDWIDE, INC

228 Park Ave S - PMB 27669

New York, NY 10003




                                 Geneva Worldwide, Inc.
                     228 Park Ave S - PMB 27669. New York, NY 10003