Toll Brothers Revises P’ville Condo Plan to Limit Wetlands Disturbance

July 26, 2014 Examiner Media Pleasantville

Toll Brothers has revised its plans for a 68-unit townhouse complex on Pleasantville’s Washington Avenue after concerns had developed over wetlands disturbance on the site.

In a presentation to the Planning Commission during the resumption of the public hearing Wednesday night, the developer’s representatives revealed that they have scaled back their disturbance of wetlands on the property from .19 acres to .05 acres. That results in disturbance on just over 2,000 square feet of land.

In addition, they plan to recreate more wetland area at a one-to-one ratio for what is disturbed. They will grade the area below the current wetland to match the elevation, save and replace any organic materials and plant native plants.

Attorney David Cooper of Zarin & Steinmentz, the law firm that represents Toll Brothers, stated that the addition of new wetlands is not required but was added by the applicant to ease residents’ fears.

However, resident Matt Brennesholtz said he was concerned about whether Toll Brothers will continue to maintain the new wetlands once construction is complete, wondering whether invasive species will hinder the growth of native plants in the new area.

“From my point of view, that mitigation is essentially no mitigation at all unless there is some ongoing plan, some obligation on the homeowners association to maintain it,” he said.

Toll Brothers representatives assured residents that this portion of the land will be no different than the rest of the property and will be maintained as part of the landscaping and maintenance contract.

Helen Meurer, a resident and chair of the village’s Conservation Advisory Council, also voiced concern. Despite mitigation efforts, construction in the area, especially the use of heavy machinery, will cause irreparable damage to the land, she said.

“As soon as you drive a truck over the very ends of the roots of a…tree it generally goes into shock and dies,” Meurer said.

Despite assurance from a wetlands expert that there are no endangered or rare species inhabiting the wetlands, residents are also still worried about the impact that disturbance will have on wildlife. Jim Lewis, a resident and biologist who has studied the implications of forest fragmentation, said that although rare species may not call the wetlands home, they could still use the land.

“We may not see specific species at specific times of the year at this site, but the more we lose this stuff, the more that we lose the species themselves,” he said.

Resident Lisa Brown said she worried about the use of pesticides to fend off mosquitoes that will ultimately congregate near the wetlands. She requested that the planning commission prohibit the use of pesticides on the property, although the board noted that this would be unenforceable. In addition, it would be unfair to ban the chemicals for this development but not anywhere else in the village.

In addition to a reduction in wetlands disturbance, Toll Brothers also modified its plans for a pedestrian path. At the request of the commission, the plan now has the four-foot-wide path stretching across the entire 1,700-foot frontage, but still proposes the use of grass because it requires minimal maintenance.

Many residents and members of the commission still hoped to see a sidewalk on the property to make the area safer to walk.

“Someone with a stroller isn’t going to be able to roll the baby stroller on the grass…and it’s certainly not handicap accessible,” said commission member Russell Klein.

Mayor Peter Scherer, who was in attendance for the meeting, ruled out the possibility of a sidewalk because of the expense. Under village code, Pleasantville would be responsible for paying half the cost for sidewalk installation, something that is neither affordable or a priority at the moment.

Commission member Joseph Keller noted that the expansion of the grass path is an improvement over the initial proposal, and said it provides the opportunity to add a sidewalk in the future, when it might be a more financially viable option.

“I think this is moving significantly from where it was,” he said.

Susan Favate of BFJ Planning, the consulting firm retained by the village for the project, said there are materials, including a substance called Road Oyl, which makes a hard path out of a combination of natural soil and resin that could help the village avoid paying for a sidewalk. The substance would provide a hard surface that had been requested by the commission. Favate requested that Toll Brothers explore thesoptions.

Although the public hearing closed at the end of Wednesday’s meeting, Toll Brothers will return to the commission’s next regular meeting.