VILLAGE OF BRIARCLIFF MANOR, NEW YORK
PLANNING BOARD MEETING MINUTES
Tuesday, March 13, 2007
FINAL
A regular meeting of the Planning Board of the Village of Briarcliff Manor, 1111 Pleasantville Road, Briarcliff Manor, New York 10510, was held in the Village Hall on Tuesday, March 13, 2007 at 8:00pm.
Members Present: Andrew Tung, Chairman
Bill Gorlin, Member
Shelley Lotter, Member
Jay Neveloff, Member
Jay Teitelbaum, Member
Also Present: Sarah Yackel, Planning Consultant
Daniel Pozin, Village Attorney
Ingrid Richards, Assistant Village Manager
David Turiano, Building Inspector/Village Engineer
Absent: Ed Nolan, Alternate Member
Call to Order: Chairman Tung called the meeting to order at 8:00pm.
PB-05-2006- PUBLIC HEARING (CONTINUATION)- OLD SLEEPY HOLLOW ESTATES, LLC-SUBDIVISION AND WETLAND APPROVAL: The Planning Board held a public hearing on an application to subdivide 5 acres into three (3) residential building lots in an R-40 zone. Each lot is proposed to be serviced by public sewer and water and individual driveways. The property is located at 61 Old Sleepy Hollow Road.
Ms. Linda Whitehead, attorney for the applicant, discussed the history of the project. She also itemized all of the changes that have occurred to the application due to input from the public and the Planning Board. She briefly reviewed the Tim Miller Associaties, Inc. report “Consideration of State Listed Focal Species of Concern” and the Bibbo letter.
The Bibbo letter reviewed and analyzed the sewer information that was requested by the Board.
The Focal Species report analyzed the ecological habitat on the site. The report concluded that no significant negative impacts would occur to species on the site.
Ms. Whitehead noted to the Planning Board and the public that the applicant will only place the proposed subdivision homes into the sewer district.
Chairman Tung referred the Focal Species Report to the Village’s wetlands consultant for a review and a report.
Member Teitelbaum , asked that the applicant identify the seasons and the days that the analysis species report was conducted. He noted that the Town of Mount Pleasant has developed comprehensive requirements for the sewer system proposed. David Turiano, Village Engineer noted that he would get a copy of the specific standards from the Town of Mount Pleasant. He also asked the applicant if the driveway issue has been addressed.
Ms. Linda Whitehead, attorney for the applicant noted that the applicant is considering landscaping between the neighbor’s property line and Lot 1. She noted that the driveway was placed over the least sensitive wetland area.
Chairman Tung reopened the public hearing.
Ms. Lois Lober, 55 Old Sleepy Hollow Road, noted to the Planning Board that Lot 1 driveway looks as if it is two feet away from her property line. She briefly discussed the area. She also stated that the applicant appears to be very vague about the wildlife on the property. She listed a number of animals that the Planning Board should be aware of: eagles, nesting red-tail hawks, wood ducks, woodpeckers, coyotes, flock of turkeys and red foxes.
Mr. James Lober, 55 Old Sleepy Hollow Road, stated that Rockefeller State Park may be interested in purchasing the property.
Mr. Barry Bosak, 15 Old Sleepy Hollow Road, noted installing a sewer line will be very difficult as there is a requirement that a water line may not be placed 10 feet from a storm sewer or a sanitary sewer. He noted with regard to the sewer system proposed that the homes at the lowest level would need the strongest pumps (Lober, Kenner, etc.) Secondly, the main line needs to be maintained monthly (by blowing out the line), as well as all individual lines. Due to the possibility of electrical failure there is a need for electrical back up.
Mr. Lynn Kenner, 70 Old Sleepy Hollow Road, noted that there is a possibility that Lot 1 has the ability to flood; an Engineer he has engaged has superimposed the latest flood map over the Village’s tax map. The Planning Board asked that he submit the information to the Board.
Mr. Kenner also noted that one of the proposed routes for the Catskill water main connection to the Village’s water supply project is Old Sleepy Hollow Road. He noted that the proposed sewer line and water line may not be able to meet the 10 foot requirement separation.
He also noted that the Bibbo letter assumes that a 3 inch line would not work for the pressurized system. Mr. Kenner noted that he has spoken to many professionals who say that this will not work for the limited homes proposed to tie into the sewer line.
The Planning Board asked that Mr. Kenner submit his technical information from the Engineer to the Board and Village Consultants for review.
Member Teitelbaum asked if the location of the pipes comply with the requirement. Mr. Tim Miller stated that there are two locations where the pipes do cross and they would be encased in concrete, as is an accepted practice for such conditions.
Mr. David Turiano, Village Engineer/ Building Inspector, noted that there are several routes that are being considered for the Village’s Full Supply Project by Hazen and Sawyer. He stated that the Old Sleepy Hollow is not the preferred route as more piping may be needed for that particular route.
Ms. Karen Stern, 48 Old Sleepy Hollow Road, noted that Suffolk County is requiring that all residents hook up to the sewer because of all of the negative environmental impacts of septic.
Nicholas Evanchik, 119 Alder Drive, the marginal cost to educate a child is extremely expensive. The annual cost to educate a child is $150,000 to $180,000 a year. Chairman Tung asked that the information be submitted in written form.
Ms. Linda Whitehead, attorney for the applicant, asked that the public hearing be closed.
Chairman Tung asked the Village Manager to report on the Village Board of Trustees status on updating the Village sewer hook up law.
Michael S. Blau, Village Manager, stated that the Village is looking to adopt a new sewer hook up law. He noted that the major issue is when should the Village mandate a property owner to hook up to the sewer if there is failure to their septic system. He also noted for the Board and the public that the law could conceivably be passed within three months.
Mr. Mort Berger, 2 Elizabeth Court, wanted to know if there would be an area for parking for people who use Pocantico Park.
Chairman Tung noted the Planning Board had previously been advised that it is not the Village’s intent to provide parking at the location. Chairman Tung further stated that given that a report was recently submitted by the Applicant, the Village’s wetland consultant will be asked to review it and provide a report by the next meeting. The public hearing will therefore not be closed at this time, but may be closed at the next meeting if appropriate. The Board adjourned the public hearing to the next Planning Board meeting.
The Board adjourned the open meeting to go into an executive session.
Upon motion made by Member Neveloff and seconded by Member Gorlin, the open meeting was adjourned.
The Board returned and re-opened the meeting.
PB-10-2006- VILLAGE LIBRARY-REVIEW AND RECOMMENDATION ON SITE PLAN: The Village Manager provided a status update on the Village Library plan. The property is located at 1 Library Road.
Michael S. Blau, Village Manager, noted that the following changes were made to the library plan based on the Planning Board’s recommendations: the mouth to the parking lot entrance will be widened; as opposed to a steep slope a retaining wall will be added for greater safety; there will be an increase of parking spaces from 38 to 69 spaces to accommodate the community room that will hold up to 90 people.
He also noted that the following changes were not made due to cost constraints: addition of a second connection to the bike trail, and addition of a stairwell, as the Village expanded the parking lot on the site and found the extra connection unnecessary.
The stairwell was proposed as a path from the Atria parking lot to the library, which would have been beneficial due to the limited parking spaces in the prior proposal.
The Planning Board suggested that the circulation flow be reversed to the one way lot and that a curb be added to the walking path.
The Planning Board also had a brief discussion with the Village Manager about the ability of the fire trucks to get into and out of the site.
Upon suggestion of a member of the public, the Planning Board asked that a bike rack be considered as part of the project.
PB-17-2006- JP MORGAN CHASE & CO -SIGN PERMIT APPROVAL:
The Planning Board reviewed an application for a sign permit for property located at 1844 Pleasantville Road.
Mr. Brian O’ Connor, Hudson Valley Permits, requested approval for a sign located at the Orchard Road entrance of the bank. The sign proposed is non-illuminated wooden white letters with a blue octagon. The letters will be illuminated with goose-neck lighting. The applicant noted that the height of the letter is 24”; the logo height is 2’- 71/2” and the length of the letters and the logo is 14’ ¾”.
He also requested approval for a sign at the Pleasantville Road entrance of the bank. It will also be non-illuminated wooden white letters with a blue octagon. The letters will be illuminated with gooseneck lighting. The applicant noted that the height of the letter is 16”; the logo height is 1’- 9” and the length of the letters and the logo is 9’-4 1/2”.
David Turiano, Village Engineer, noted that the sign is in compliance with the Village’s sign law.
Upon motion by Member Lotter and a second by Member Gorlin, the sign application was approved.
PB-02-2007- JP MORGAN CHASE & CO -SIGN PERMIT APPROVAL: The Planning Board reviewed an application for a sign permit for property located at 1100 Pleasantville Road.
Mr. Richard McKinney, Riverso Associates, noted that he is representing Chase Bank and is specifically in charge of changing over Bank of New York facilities to Chase Banks. He noted that the illuminated signs will be replaced with non-illuminated signs.
He is proposing a one to one replacement with the only exception being two one foot six inches wide by five foot high wooden vertical signs at the Pleasantville Road elevation.
Member Teitelbaum noted that the vertical signs are shown attached to the building’s corner columns, which create a potentially dangerous situation for pedestrians. The applicant agreed to eliminate the two vertical signs and place one fascia surface sign above the main entrance door in their place.
Chairman Tung asked if the handicap signs meet the appropriate regulations.
The applicant agreed to change the handicap signs to standard DOT signs.
Upon motion by Member Teitelbaum and seconded by Member Neveloff the sign application was approved with revisions listed above.
PB-03-2007 – JP MORGAN CHASE & CO - SIGN PERMIT APPROVAL: The Planning Board reviewed an application for a sign permit for property located at 1946 Pleasantville Road.
Mr. Richard McKinney, Riverso Associates, noted the change of the illuminated signs to non illuminated wooden black logo sign.
Above the open doorway there is a proposal for a Chase awning in the standard Chase blue with the logo on the valance. It has a 42 inch projection is 42 inches in height.
At the Underhill Road elevation there are two signs proposed at the ATM location.
At the two main entrances at Pleasantville Road and Underhill Road, two wooden directional signs are proposed.
David Turiano noted that the Village of Briarcliff Manor does not have jurisdiction over the parking lot as it is in the Village of Ossining.
Member Teitelbaum asked that the logo be removed from the Chase awning. The applicant agreed to remove it.
Upon motion by Member Teitelbaum and a second by Member Gorlin, the sign application was approved with the revisions listed above.
PB-04-2007 – BRIARCLIFF CHIROPRACTIC – SIGN PERMIT APPROVAL: The Planning Board reviewed an application for a sign permit for property located at 127 Woodside Avenue.
Mr. Steve Chester, Signs Ink, requested that the Board approve an 18” by 120” sign with a blue background and white lettering. He noted to the Planning Board that the sign will have the same color scheme as the Coldwell Banker sign.
The top row of letters will be 4.5” high and bottom row will be 3.5” high.
Upon motion by Member Lotter and a second by Member Neveloff, the sign was approved.
PB-04-2005-LRM/ LONG HILL ROAD: AMENDMENT TO SUBDIVISION PLAT (Various Residents of the Subdivision): The Planning Board reviewed and considered a resolution for an amendment to the Final Plat approval for properties located on Long Hill Road East.
Mr. Anthony Piscionere, attorney for the applicants, has requested that the location of the existing trail be modified.
The Planning Board reviewed the applicant’s grading plan which had been modified to respond to earlier Planning Board comments. Chairman Tung noted that the existing trail easement should be shown and also that each of the affected plats should be revised to reflect the new easement location.
The Planning Board members reviewed the resolution.
Upon motion by Member Neveloff and seconded by Member Lotter, amendment to the Final Plat Approval was approved.
PB-14-2006- MATRA- AMENDED SITE PLAN APPROVAL: The Planning Board reviewed an application to amend a site plan. The applicant is requesting approval to build a two- story rear yard addition to the existing mixed use building. The property is located at 1133 Pleasantville Road.
Mr. Greg McWilliams presented the application. It was noted by the Planning Board that it is not in its jurisdiction to waive the slope requirement on the spaces, however it can waive the number of spaces required for the proposed uses on the site if appropriate.
The applicant presented two plans for the Board’s consideration, one for restaurant use and one for office use. For restaurant use the Planning Board would need to waive five spaces, but for office use they would need to waive only one space.
Re-grading the site to accommodate the slope requirement would be cost prohibitive.
Sarah Yackel, Village Planner, noted that the landscaping plan is sufficient.
The Planning Board directed Sarah Yackel, Village Planner and Dan Pozin, Village Attorney to draft a resolution for the application with the addition designated as office space.
PB-17-2005 – SLEEPY HOLLOW COUNTRY CLUB, SPECIAL USE PERMIT RECOMMENDATION: The Planning Board reviewed an application for a Special Use Permit. The Board of Trustees has referred the above application to the Planning Board for review and a recommendation.
Mr. David Steinmeitz, attorney for the applicant, noted that the written submission made by the applicant addressed the skeet shooting and the wetland and drainage issues mentioned by the Planning Board.
Skeet Shooting: Mr. Steinmetz noted that skeet shooting takes place at the Club from mid October until mid-April, from 10 AM until 2 PM on weekends only. The only exceptions are Thanksgiving weekend, when the Club allows skeet shooting on Thursday and Friday. Also, there is a skeet shooting outing on one Monday in June for the Bond Club. The Club has no intention to expand this schedule.
Member Teitelbaum noted that skeet shooting on Thanksgiving Day should be eliminated.
Stream within the Club’s property: The Club’s personnel does periodically inspect the stream and if there are observed obstructions in the stream within the Club’s boundaries (such as fallen tree limbs or garbage) Club personnel have removed and will remove such items.
The applicant also provided a survey map of the Club showing the municipal boundary lines and the lot lines including the swimming pool, tennis courts, main club house, locker room and stables. The survey also shows all golf course locations (including greens, tees, roughs and fairways) which are less than 100 feet from the Club’s lot lines. Chairman Tung noted that some of the golf holes within 100 feet were not properly listed on the applicant’s submittal.
The Planning Board asked that Sarah Yackel, Village Planner and Dan Pozin, Village Attorney to draft a recommendation that incorporates the various issues discussed by the Planning Board at this and prior meetings.
ZBA CASES: The Planning Board had no comments on the ZBA cases listed below.
1. V-3-2007 - Wolin, Jason & Sharon 65 Frame Road
2. V-4-2007 - Dolan, Jack 80 Brookwood Drive
3. V-5-2007 - FAC, West Donuts, LLC (Dunkin Donuts) 78 North State Road
VILLAGE ENGINEER’S REPORT: Village Engineer informed the Planning Board about the following issues: Trump National has complied with lowering the grade to 389 elevation at the 12th hole reworked tee area, landscaping will occur shortly; the status of the capital project improvement plan for the Village; and a meeting with representatives from Emigrant Bank to discuss a new building and parking area at 320 Old Briarcliff Road.
PLANNING BOARD COMMENTS:
Member Neveloff asked about the environmental monitoring of the gas stations in the Village. There was also a general discussion about roadway repaving, turning lane and signal light timing at various Village Street locations.
MINUTES: The Planning Board approved the January 9, 2007 minutes.
Respectfully submitted,
Ingrid M. Richards
Assistant Village Manager
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