Planning Board
Village of Tarrytown
Regular Meeting
Warner Library
December 18, 2006 7 p.m.
PRESENT: *Chairman Friedlander (late); Members Tedesco, Raiselis, Aukland,
Demers; Counsel Shumejda; Planner Geneslaw; Landscape Architect
Yarabek; Secretary D’Eufemia
PRELIMINARY PRESENTATION – MOSA – 20 LEGRANDE AVENUE
Mr. Tedesco chaired the beginning portion of the meeting.
Mr. Ray Mosa, brother of Khalil Mosa, stated he will be the builder for this project which involves an addition to the rear of the house which will have a master bath, master bedroom, kitchen and family room and new deck on the side of the house.
Mr. Tedesco stated the submissions included a good description of the house and the interior layout; however, the Board needed a more detailed site plan. There needed to be a zoning table on the site plan, which should include any variances, which will be required. The topography should be shown, particularly the steep slopes. Any trees that will have to come down should also be shown on the site plan.
Mr. Mosa stated no trees will be removed. Mr. Tedesco stated any trees in close proximity to the construction should be shown since they may need protection.
Ms. Raiselis stated the Board needed the elevation from the street to show the house, the garage and the addition and the houses next to them.
*Chairman Friedlander arrived at the meeting.
Upon inquiry, Mr. Mosa stated the basement of the house is currently living space and the basement of the addition will probably also have living space. The basement of the addition will be a continuation of the existing basement.
Upon inquiry, Mr. Mosa stated the house is a one-family house and will continue to be a one-family house.
Mrs. Naila Mosa stated they are proposing the addition because she needs a handicapped bathroom and living space without stairs.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board declares its intent to be lead agency on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board sets a public hearing on this application for its January 22, 2007, meeting.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board sets an escrow account in the amount of $2,500 on this application.
CONTINUATION OF PUBLIC HEARING – CRESCENT ASSOCIATES – 155 WHITE PLAINS ROAD
The Secretary advised that the applicant has requested an adjournment until the Board’s January meeting. No one appeared to address the Board on this matter. All agreed to continue the hearing at their January meeting.
CONTINUATION OF PUBLIC HEARING – PUTNAM AVENUE HOMES – HILLSIDE STREET
Chairman Friedlander recused himself on this application.
Counsel Shumejda advised that at the Zoning Board of Appeals meeting held on December 11th, the ZBA ruled on an application before them by Putnam Avenue Homes that their Board could grant variances from the steep slopes ordinance. The ZBA did not rule on the portion of the application requesting a variance from the steep slopes but requested a referral back from the Planning Board that the variances being requested were in fact the minimum variances to build these houses. Counsel Shumejda stated he had discussed the Planning Board’s request to hire an architect to review this application with the Board of Trustees and the Board of Trustees had approved the request. He contacted the architect suggested by the Planning Board; however, he had a conflict but he recommended another architect. Counsel Shumejda stated he has not yet been able to speak with this person; however, it is hoped he can soon be hired to review this application.
Mr. Tedesco noted the applicant has requested a re-subdivision of this property and he felt the Board could move forward with that application.
Mr. Tedesco moved, seconded by Mr. Aukland, that the Board sets a public hearing for their January meeting on the re-subdivision of Lots 3 and 4 of the former Logan subdivision on Hillside Street. Messrs. Tedesco, Aukland, Demers and Ms. Raiselis assented.
Mr. Tedesco moved, seconded by Mr. Demers, that the Board declares its intent to be lead agency on the re-subdivision application. Messrs. Tedesco, Aukland, Demers and Ms. Raiselis assented.
Mr. Tedesco moved, seconded by Mr. Demers, that the Planning Board sets an escrow account in the amount of $2,500 on the re-subdivision application. Messrs. Tedesco, Aukland, Demers and Ms. Raiselis assented.
*Chairman Friedlander chaired the remainder of the meeting.
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Mr. Demers, and unanimously carried, that the minutes of November 27, 2006, be approved as submitted.
CONTINUATION OF PUBLIC HEARING – FIRST KOREAN METHODIST CHURCH OF NEW YORK – 500 SOUTH BROADWAY
Mr. Sheer, attorney for the applicants, stated he had been advised by the Planning Board Secretary that it was the intention of the Board to remove this matter from their agenda since there has been no activity on the application for a number of months. Mr. Sheer stated the church is unsure how they want to proceed so he requested if the Board does remove the matter from their agenda, which is understandable, that they allow the church to return in the future without having to again pay the application fee.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the application of the First Korean Methodist Church of New York be removed from the Planning Board agenda. If the church re-applies to the Board within six months, the Board will waive the re-application fee.
CONTINUATION OF PUBLIC HEARING - ROWLAND – 75 NEPERAN ROAD
The Secretary advised that the applicant had requested an adjournment until the Board’s January meeting. No one appeared to address the Board on this matter. All agreed that the hearing be continued at the Board’s January meeting.
CONTINUATION OF PUBLIC HEARING – WILSON PARK HOME & LAND COMPANY, LLC – SUBDIVISION WILSON PARK DRIVE
Chairman Friedlander stated the applicant had met with the Board at their staff meeting on December 7th and there was discussion about the lots that would be made available to the Village for purchase. At the last meeting, Mr. Sheer stated his clients would not sell Lots 1 and 2 but were offering Lots 3, 4, and 10. The Village has said they are not interested in Lot 10. At the staff meeting, the applicant had expressed a willingness to sell Lots 1 and 2 (but both had to be purchased) or Lots 3 and/or 4.
Chairman Friedlander questioned if a donor is found to assist with the purchase of land but wants a different parcel, could there be a clause in the Findings addressing that.
Counsel Shumejda stated that would have to be in the option agreement and would need to be addressed in the FEIS and the Findings Statement.
Mr. Sheer questioned, “Are you suggesting a lot that would be purchased would be moved to another location?” Chairman Friedlander stated, “Yes.” Mr. Sheer stated, “I think this is the time to get the plan set.” Mr. Sheer stated they have prepared an amendment to the FEIS, which provides a slightly different layout with the elimination of Lot 1 and moving that to the corner of Wilson Park Drive and Warner Lane. That would give the Board the flexibility to do that if they wished.
Mr. Sheer stated they updated the trees as the Board had requested. At the staff meeting they confirmed that WCI will convey the 1/3 acre lot to the Village which can be used as parking for the new parkland. They also confirmed that they will make drainage improvements to the soccer field. In regard to the bridge on the trail, they would be willing to fence off the entry to the bridge. At the staff meeting the consensus seemed to be that there would be no sidewalks anywhere in the project. They agreed to run a 10 ft. wide easement along Lot 14 if the Village gets the agreement from the adjacent homeowner.
Mr. Tedesco noted there had been an issue about a drainage pipe entering into the lake. Ms. Gina Martini of Saccardi and Schiff stated she spoke with John Kellard, engineer, who has been attempting to contact Mr. McGarvey. Mr. Kellard does not believe the pipe is on WCI’s property. He believes it is either on Village property or Marymount property. It is basically storm water. There will be some reduction in the water going through that pipe once they do their storm water retention but it will only be a minimal reduction.
Mr. Demers stated he had not been at the staff meeting but would like to re-address the issue of sidewalks since he felt it is a safety issue. He was not suggesting sidewalks along the road but some kind of pathway that parallels the road will be necessary with time. People walk along the road and will do so more once this development occurs and the park is there. Mr. Sheer stated there seems to be division on this issue among Board members and staff. He stated they awaited guidance on this matter. Ms. Karen Brown, 5 River Terrace, stated she objects to sidewalks or a path. Chairman Friedlander stated the Board had discussed having a path about 3 or 4 ft. wide that would parallel the road. Ms. Brown stated there are bushes, which would have to be taken down, and she did not feel
it is necessary. Mr. Aukland stated he did not feel it is a safety issue. Where it is a concern is where both sides of Wilson Park Drive have private property and nothing can be done there. Mr. Yarabek stated if a safe pedestrian way can be established, people would probably use it. Ms. Brown stated nothing can be done for the most dangerous part because homes are already there. Chairman Friedlander stated it would not be a perfect solution but it is safer. Mr. Tedesco suggested the Board make another site visit with Mr. Yarabek and determine whether a path can be done. Mr. Demers stated people should think about Central Park, which has winding paths that don’t destroy the park.
With new homes there will be more people walking in this area. Sidewalks were not installed in the Crest area and with people walking and jogging in the Crest there is a safety concern.
Dr. Roger London, Wilson Park Drive, stated these paths would only be half a loaf since there are areas where nothing can be done.
Mr. Sheer stated the Board has time to decide this issue. They do not have to decide this in the Findings if they leave themselves the option.
Ms. Ann Hull, Wilson Park Drive, stated her concerns are the uses for the new park and increased traffic through the area particularly as a result of development on Route 9A. Mr. Aukland stated it may be necessary to consider traffic calming measures on Wilson Park Drive.
Ms. Hull stated there is a group of people who come now to this property, park illegally, and allow their dogs to run free. She stated once the new park is created, this should not be allowed and there should not be parking for the park in this area. That should be on the 1/3 acre parcel the developer is willing to give the Village. She stated she has approached these people and suggested they park in the Village lot by the skating shack but was told it was too far to walk. She noted these people are not walking their dogs – just letting them out of their cars and allowing them to run. Mr. Sheer stated they have put up signs but they are removed. They made application to the Village for a fence, and that was denied by the Village.
Mr. Demers noted there had been questions about who owns the road. Mr. Sheer stated they had researched this and WCI owns to the center line of Wilson Park Drive. It is a private road as far as title is concerned. Whether it has become a public road because of use and maintenance by the Village is another issue.
Mr. Demers stated if parking is not going to be allowed on the road, the Village should be looking at some of the land they will be purchasing for parking. Mr. Sheer noted at the staff meeting they advised they did not want parking within 150 feet of any lot being developed. Ms. Hull stated she would rather have houses than a parking lot for people to come and walk their dogs. Mr. Tedesco stated that is why the Planning Board was looking at Lots 1 and 2 for purchase. This would preserve the stone house for possible Village use, e.g., a small museum with five or six parking spaces.
Ms. Loretta London, Wilson Park Drive, stated there should be no parking signs on Wilson Park Drive. People park out of habit and they need to be convinced where to park. There should not be parking where open space is being preserved.
Mr. Yarabek stated the Planning Board and the applicant have worked hard to preserve as much open space as possible but when you have a Village Board considering purchase of
land, part of selling that to the community is the perception this is a public park and the community will have direct access to that park. If the stone house is maintained, there could be parking there for access to that building and the park.
Ms. Martini presented the Board with FEIS revisions. She noted they have addressed all the issues raised by Frank Fish in his letter to the Board of November 21, 2006 (part of the November 27, 2006, minutes.) They also discovered a survey error, which will require a revision in the FEIS to the zoning compliance chart, which indicates the size of each lot. Two lots have increased slightly and one has decreased in size slightly. The FEIS states the total site area is 2,107,868 sq. ft. The actual site area is 2,092,324 sq. ft. The difference of 15,554 sq. ft. resulted from the right-of-way information, which just became known to the engineers, and the total site area was not accurately adjusted when the 1/3 ace parcel, proposed to be dedicated to the Village for parking, was removed from the
overall site area. Although the site area is less, the proposed Village park has increased from 10.78 acres to 11.38 acres.
Mr. Sheer stated with the submissions this evening they hoped the Planning Board would accept the FEIS as complete.
Ms. Karen Brown, 5 River Terrace, stated she is President of the Wilson Park Association, and they oppose moving a lot from the south up to Wilson Park Drive and Warner Lane. She stated that would provide no relief from the 14 houses for the people currently living in this area. There is also a hilltop on that piece. “That is a defining area of our neighborhood.” She noted the Master Plan being developed by the Village addresses maintaining the character of neighborhoods and putting a house in this location would go against that policy. Mr. Tedesco stated, “I walked the site again last week and I have to agree with you. That corner is a priceless corner.” Ms. Brown stated there is a spectacular view from that hilltop.
Chairman Friedlander stated the Board should consider a conditional approval this evening. Frank Fish should review all the new submissions to be sure everything he recommended has been included.
Mr. Francesca Spinner, Wilson Park Drive, stated she remembers there being discussion about buffer zones. “Did buffer zones get lost?” Ms. Martini stated she remembered discussion about buffer zones and that is the reason some of the open space is located where it is and why easements were proposed.
Ms. Spinner stated it sounded like lots are not moveable at this time. She thought that was not finalized until subdivision approval. Chairman Friedlander stated where the houses are located on the lots will be subject to individual plans but the lines are drawn.
Ms. Spinner stated residents asked about reducing the size of the houses. There are houses still unsold (by this same developer) in Sleepy Hollow because of the high taxes.
One way to reduce the taxes is by building smaller houses. “Does anything in this document affect the size of the houses?” Chairman Friedlander stated you can’t make zone changes from R-20 to R-60 and R-80 and expect small houses on those large lots. “The fact that you and others think 3,500 sq. ft. is the right size, it is the market that determines what sells. We have a Floor Area Ratio ordinance, but you are not going to get 3,500 sq. ft. houses on these lots.” Chairman Friedlander stated more important than the size of the house, is the architecture and the location of the house on the lot, which is why the Planning Board now reviews each house individually. Mr. Tedeso stated one of the reasons why he asked for the tree plan showing the trees that have
come down as a result of the tornado is because it now gives the Planning Board more “play” with the siting of the houses. The architecture is critical and the applicant earlier on showed the Board attempts to make the houses less imposing than those that were built in Sleepy Hollow. Chairman Friedlander noted that Lot 5, the largest lot, is 97,000 sq. ft. It is the largest because it has two hilltops but it allows the Planning Board the greatest flexibility to have a beautiful home there.
Ms. Hull questioned whether the road will be widened. Chairman Friedlander stated the Board has been wrestling with that issue. There are traffic-calming measures that can be used but he needs to meet with Mr. McGarvey to see what he recommends. Mr. Tedesco stated, “I believe the intention was to leave the road narrow but the curve would be straightened out.” Mr. Sheer stated they installed traffic calming at Jardim Estates and they could do it here also.
Mr. Tedesco moved, seconded by Mr. Demers, and unanimously carried, that the Planning Board accepts the FEIS as complete and ready to be made available to the public and all involved and interested agencies subject to the following conditions:
1. The addition of the three recommendations in the memo of November 21, 2006, from Frank Fish of BFJ Planning.
2. The addition of a Village option to obtain the open space area at the north section with an easement provided to the applicant for drainage facilities.
3. The addition of an option for the Village to obtain a 10 ft. easement south along Lot 14.
4. The addition of the necessary revisions in the zoning compliance chart and all exhibits in the FEIS.
5. Changes in the option agreement to allow for the purchase of Lots 1 and 2 or 3 and/or 4.
Board members agreed there should be another site walk to Wilson Park and scheduled that for Wednesday, December 20, at 12 noon. They stated they could review parking and a possible pedestrian path at that time.
CONTINUATION OF PUBLIC HEARING – VILLAGE OF TARRYTOWN – WEST MAIN STREET – RECREATION/AQUATIC CENTER; ADDITION TO SENIOR CITZENS CENTER
Mr. Joe Cotter presented a design Board showing the proposed 1,500 sq. ft. addition to the Village’s Senior Citizens Center. Ms. Raiselis stated she felt there should be a covered walkway between the senior citizens center and the aquatic center. Mr. Cotter stated he felt this was a good suggestion and could be incorporated into the plan.
Mr. Cotter presented a design Board showing the interior configuration of the proposed 30,000 sq. ft. recreation/aquatic center. Chairman Friedlander suggested part of the western portion of the deck should be relocated to the southern side in order to open views. Board members agreed.
Chairman Friedlander questioned whether anyone wished to address the Board on these proposals. No one appeared.
Mr. Tedesco moved, seconded by Mr. Demers, and unanimously carried, that the Planning Board approves the footprint proposed for the expansion of the senior citizens center and the Board approves the footprint proposed for the recreation/aquatic center subject to that portion of the proposed deck adjacent to the senior citizens center being relocated to the south side of the aquatic center.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY (HSA-UWC) – JARDIM ESTATES EAST – SUBDIVISION
Mr. Michael Ingles of Unification Church stated the Village wetland consultant went out in the field with their consultant and re-flagged the wetlands. The surveyor then put the flagged wetlands on a new map showing the modified wetlands. He submitted this to the Board. He noted this map also shows the 50 ft. right-of-way as had been requested by the Board. The plan shows 17 lots in a conventional layout; however, they are seeking a cluster plan.
Board members stated they would like to visit the property and it was agreed this be done on Wednesday, December 20th at 2 p.m. with the Village’s wetlands consultant and at 2:30 p.m. with Mr. Ingles.
Mr. Tedesco moved, seconded by Mr. Demers, and unanimously carried, that the Planning Board makes a positive declaration on this application due to the fact there may be some significant adverse environmental impacts on this project.
Mr. Tedesco moved, seconded by Mr. Demers, and unanimously carried, that the Planning Board schedules a Scoping Session on this project for their January 22, 2007, meeting.
MEETING ADJOURNED 9:45 p.m.
Kathleen D’Eufemia
Secretary
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