A settlement has been reached following lawsuits involving the owner of the land where the is to be built, according to Yorktown lawyer Al Capellini.
The after owner Sammy El Jamal, president of Best Buy Rent Properties 202, informed the town of a lawsuit attempting to terminate his sale agreement with Retail Store Construction, the applicant for the Costco facility.
El Jamal, who owns about 100 gas stations in Westchester, had expressed disapproval that Costco plans to put up its own gas station and was refusing to sell his property.
"That was resolved to my knowledge," said Capellini, the attorney representing the Retail Store Construction. "There will be gas dispensing pumps to the benefit of Costco customers."
The applicant has completed its draft environmental impact statement (DEIS), which was submitted to Yorktown's planning board last week and planning board members started the review process on Monday. It would be up to them to decide if all issues in the DEIS have been addressed and what other changes might be necessary.
Some of the environmental issues, according to Capellini, include traffic and the capacity of the roads, wetlands, storm water, noise and pollution.
The developer, with the support of about 10 homeowners in the area of Old Crompond Road who have started a petition, is proposing to create a sewer district. The developer would pay for the installation of lines and the connections to the homeowners.
Yorktown town board members will discuss the matter during their next meeting on Tuesday, Dec. 6 at Town Hall.
Capellini said planning board members have expressed their concern about the creation of the sewer district and making the town board the lead agency in the matter.
"They feel the creation of the sewer district is premature and should not be undertaken until all of the environmental studies by the planning board are completed," he said.
According to him, the developer has already spent between $1 million and $1.5 million and estimates the entire project to cost at the end anywhere between $35 million and $50 million, including the construction of the building, parking, landscaping and other costs. If all approvals are granted, construction could begin in 2013.
"This is an expensive, very expensive process," Capellini said.
The nearly 19-acre that once housed a hotel and nursery lies about 40 feet below the Taconic State Parkway overpass on Route 202 in Yorktown.
Editor's Note: The original article incorrectly stated the date for the next town board meeting. It is scheduled for Dec. 6.