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Planning board amends Perkins subdivision decision after homeowner protest over town work condition
Summary
The Town of Greenberg Planning Board voted Dec. 3 to amend a final subdivision decision (PB2325) to remove a condition tied to town performance of utility work after staff reported the drainage and water‑service work had been completed and a homeowner objected to delays and lack of communication.
Chairperson Pines said the board’s staff had reviewed the condition tied to PB2325, a final subdivision approval for a property involving co‑applicants including Prestor Giacomo Perkins, and determined that the drainage and water‑service work required by the board has been completed and the condition is therefore satisfied. Deputy Commissioner Schmidt told the board staff had received a memo and photos from the town bureau of engineering showing that the drainage improvements and a rerouted water service had been completed and that the old service had been cut and capped.
Miriam Keller Perkins, who identified herself as an owner of 7 Rita Lane, told the board she and her husband had reviewed the October 15 meeting tape and said they believed the record and the follow‑up communications were inconsistent. “This is now December 3, way beyond 30 days … When is this coming to an end?” she said, urging clearer timelines and more direct communication from staff.
Board members debated whether the condition requiring town work was within the planning board’s authority, with Deputy Commissioner Schmidt and staff citing a town attorney opinion that the planning board cannot issue a final subdivision approval conditioned on performance by a third party such as the town. The deputy commissioner told the board the plat still needed endorsement by the Westchester County Department of Health before it could be signed and filed with the county clerk.
After brief discussion, Chairperson Pines moved to amend the final decision for PB2325 to remove the condition that required the town to remove the water line in the five‑foot easement on 7 Rita Lane; a second was offered and the motion carried with the board voting in favor. The chair recorded the motion and said the amended language would be entered into the minutes.
The board and staff also committed to follow up with the county health department on the status of the county’s endorsement and to report back to the applicants. The applicant’s co‑applicants and neighbors were encouraged to continue pursuing any town public‑works issues directly with the town bureau of engineering and Department of Public Works.
The board’s amendment leaves remaining conditions and meets‑and‑bounds requirements in place; staff said they would circulate the town‑attorney memorandum that informed their recommendation and would update the final minutes to reflect the change.
