Planning Board
Village of Tarrytown
Regular Meeting
August 27, 2007 7 p.m.
PRESENT: Members *Raiselis, Aukland, Tedesco, D’Avolio, **Alternate Demers;
Counsel Shumejda; Planner Geneslaw; Building Inspector/Engineer
McGarvey; Landscape Architect Yarabek; Secretary D’Eufemia
ABSENT: Chairman Friedlander
Mr. Tedesco chaired the meeting in Dr. Friedlander’s absence.
APPROVAL OF MINUTES
Mr. Aukland moved, seconded by Ms. Raiselis, that the minutes of July 23, 2007, be approved as submitted. Ms. Raiselis, Ms. D’Avolio, Mr. Aukland, and Mr. Tedesco assented. Motion carried.
CONTINUATION OF PUBLIC HEARING – C.M. PATEMAN & ASSOCIATES, CONRACT VENDEE – CORNER OF FAIRVIEW AND ALTAMONT AVENUES
*Ms. Raiselis recused herself on this application.
**Alternate Member Demers joined the Board for this application.
Mr. Tedesco stated after the last meeting several people indicated to the Secretary that there were people in the audience making inappropriate comments to the applicant. He stated he was appalled by that. He stated people have always been free to make their comments but always with civility and concern for others, and that is the way Planning Board meetings will be conducted in order to deal with the complex issues the Board faces.
Mr. Tedesco stated the applicant has provided a site plan, which shows the house lowered by 2 ft. as the Board requested and by lowering the house, the wall has been lowered to a maximum height of 4 ft.
Mr. Tedesco questioned whether anyone wished to address the Board on this matter.
Mr. John Garibaldi, 89 Altamont Avenue, stated he appreciates the work the Planning Board does for the Village. He noted at the July 23rd meeting, Chairman Friedlander recused himself on this application and he questioned why that was done. After Mr. Tedesco took the chair he stated he was going to make a motion for approval with conditions but before doing so he asked for final comments. That seemed to set the tone for the public hearing last month in a direction that took the public by surprise.
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Mr. Tedesco stated Dr. Friedlander recused himself on this application from the beginning due to a possible conflict of interest with the applicant. There had been much public comment over several months and the Board members made several site visits and in June had told the applicant they would make a decision at their July meeting. At the July meeting the Board was looking for any final public comments. It was not intended to short change any public comments.
Mr. Garibaldi stated when Dr. Friedlander rejoined the Board as chairman he said he was not happy with this community and it is not the way a community behaves. Those comments by Dr. Friedlander were not courteous and were improper. “I take offense to those comments.” Mr. Garibaldi stated many residents of this neighborhood have lived there for twenty to thirty years. They are concerned about the neighborhood and Tarrytown in general. Dr. Friedlander stated the way people behaved, they should be ashamed of themselves. Mr. Garibaldi noted many people in July did not have the opportunity to comment. He said if everyone in Tarrytown were as interested in the community as the residents of this neighborhood, the integrity of Tarrytown would be better than it is
now.
Ms. Linda Viertel, 8 Gracemere, stated she was not present for the last meeting but she watched the taped proceedings. She too thanked the Planning Board members for all the hours they give on behalf of the Village. She stated in the twenty years she has been coming before the Board, she feels this is the strongest and most pro-active Board the Village has had. She noted at the last Board of Trustees meeting legislation was adopted which will require applicants submit full elevations at the beginning of the application and she was glad that policy was adopted. The Board of Trustees also adopted legislation making it clear what the height cap can be. They are also looking at the Floor Area Ratio. She stated the strength of the Village is the people who care about their neighborhoods and
it should be done with respect and civility. The strength of the Planning Board is that they allow residents to come out and speak. This is a tough Planning Board and they use their strength in ways that support them in the courts and the community.
Mr. Chris Hunter, 60 Fairview Avenue, stated Mr. Pateman said at the last meeting he would not drop the house elevation. It is important, therefore, that he go on record verbally that he will drop the house 2 ft. and the wall will be 4 ft. He questioned what would happen if the wall cannot be 4 ft. and ends up being 5 ft. Mr. Tedesco stated Mr. Pateman would have to come back before the Planning Board and the application would be re-opened.
Mr. Hunter stated the arborist’s report said most of the trees are not worth saving. He questioned whether that gave Mr. Pateman the right to clear cut the lot and what effect that would have on this corner. Mr. Stephen Yarabek, the Village’s Landscape Architect, stated the lot is a primary succession lot. The trees on the property aren’t significant specimens. The most significant and important trees are on the streetscape and those will
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be saved. There is a large elm tree, which they have elected to save. 12 ft. to 14 ft. shade trees are being planted. The property will be landscaped when it is finished. The house will occupy the bulk of the center of the property.
Mr. Hunter stated there are three trees on the corner and one is quite large. It is a healthy tree and those types of trees cannot be replaced. Mr. Yarabek stated he believed five trees on the corner are being saved.
Ms. Laura Copeland, 70 Fairview Avenue, stated Dr. Friedlander recused himself because of some possible conflict of interest with the applicant and it was wrong of him to make his comments last month from the chair. If he wanted to make comments as a citizen, he should have done so at the podium. He was upset, as were many of the residents, but he said in the grand scale of things, this application doesn’t matter much and these people have not come in for the last thirty years and they are now making a mountain out of a mole hill. That sends the wrong message. Everyone should come and speak and say what they feel. She stated she too would like Mr. Pateman to go on the record that he will drop the house and lower the wall as the Planning Board requested him to do. Last month he
said he had not agreed to do that. In the drawings the trees look large and leafty. She questioned whether the Board has the power to ask an applicant to put in a certain height for replacement trees. Mr. Yarabek stated the tall trees in the front are being saved. Generally 3-inch to 4-inch caliper trees at a height of 14 ft. to 16 ft. are recommended for replacement since those are the ones that grow the most successfully. Mr. Pateman’s landscape architect has shown good sizeable trees.
Ms. Copeland stated the Board of Trustees is making changes to the code and that is good but there should be more changes to reduce the size of houses that can be built on vacant lots in existing neighborhoods.
Ms. Angela Schneider, 16 Fairview Avenue, stated last month Mr. Pateman said he had never agreed to lower the house and yet she had been at a work session where Mr. Pateman did tell the Board he would agree to lower the house. “That to me made a mockery of the Planning Board.” Mr. Tedesco stated last month remarks were being made to the applicant and he was upset. He stated if that event did not happen, he felt the meeting last month could have proceeded in a civil way. All approvals hold legal weight. If the Board grants an approval with conditions, the applicant must abide by those conditions.
Ms. Rosalie Rusinko, 87 Altamont Avenue, questioned the status of the application before the Zoning Board of Appeals. Mr. Tedesco stated the applicant asked the ZBA for a very minimal disturbance to steep slopes to do some grading in the rear yard. Given the concessions Mr. Pateman was making, the Planning Board felt it was reasonable to recommend that small variance. (Counsel Shumejda noted the ZBA approved this variance on August 13th.)
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Ms. Viertel stated the stone wall was to be a natural stone wall and the Board should make sure that is done.
Mr. Pateman stated he will agree to lower the house in accordance with the plans that have been submitted which show the house lowered 2 ft. and the wall will be shown in accordance with the plans and the materials shown. He stated at the last meeting he did not believe he had agreed to lower the house; however, he reviewed previous meeting tapes and in actuality he did previously agree to that. The stone walls will have cement inside but not in the joints.
No one further appeared to address the Board.
Mr. Demers moved, seconded by Mr. Aukland, and unanimously carried, that the hearing be closed.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board determines there will be no significant adverse environmental impacts as a result of the proposal to construct a single-family house at the corner of Fairview Avenue and Altamont Avenue.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board approves the proposed construction of a single-family house at the corner of Fairview Avenue and Altamont Avenue subject to:
1. Approval by the Building Inspector/Village Engineer particularly in regard to the storm water/drainage plan for the site.
2. Approval of a landscaping and screening plan by the Village Landscape Consultant, including items required by the Village Landscape Consultant in his memo to the Planning Board dated July 23, 2007. This plan is to include significant tree replacement and extensive vegetative cover for the corner of the lot. The Planning Board desires the creation of a natural looking wooded green corner, to the extent possible. The approved landscaping and screening plan should contain the elements necessary to best accomplish this.
3. The entire driveway, as well as the patio area by the house, is to be of permeable
brick pavers (eco pavers.)
4. The front retaining wall along Altamont Avenue will be at a maximum height of
four feet. This wall, as well as the walls on the sides of the driveway, will be natural stone walls (no grout at the joints.)
5. Given many considerations, including the general context of the surrounding
neighborhood, the significant bulk effect of this size home on its corner lot, and
significant public input from the neighboring community at several meetings, the Board requires, as a mitigating factor, the lowering of the house by 2 feet. (The
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roof peak elevation will be 238.71) While this will cause the driveway to slope toward the garage, there are many homes in the Village with driveways that slope
toward the garage, including many in the general area of the proposed home – on Altamont Avenue, Crest Drive, and Prospect Avenue, to name a few. Many of these driveways are very steeply sloped, much more so than would be the case for this proposed home. Such a driveway does entail a greater frequency of cleaning and care for the drains provided at the garage, but this is doable and homes deal with this successfully. The lowering of the house will lessen the bulk effect of the home on the corner and improve the overall visual aesthetic on the site.
6. Approval by the Architectural Review Board. The Planning Board asks ARB, in
its approval of the architecture, to see that the architectural details and the stone
walls are fitting for this neighborhood of very old homes.
7. Inspection of the final landscaping and screening plan on a site visit by the
Planning Board and the Village Landscape Consultant before the issuance of a
Certificate of Occupancy.
8. Payment of any outstanding escrow fees and recreation fees prior to the granting
of a building permit.
9. Signing of the final site plan by the Planning Board chair.
*Ms. Raiselis rejoined the meeting.
**Mr. Demers left the meeting.
PUBLIC HEARING – RAPONI – 31 MAIN STREET
Mr. Tedesco read the following Notice of Public Hearing:
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, August 27, 2007, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Jennifer Raponi
67 Eiler Lane
Irvington, New York 10533
To consider an application for site plan approval for property located at 31 Main Street, Tarrytown, New York, to allow for conversion of retail space into a physical therapy office.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 7, Block 22, Lot 19, and is located in an RR (Restricted Retail) Zone.
Documents are available for inspection in the Planning and Zoning Office. All interested parties are invited to attend and be heard. Access to the meeting room is available to the
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elderly and the handicapped. Signing is available for the hearing-impaired; request must be made to the Village Clerk at least one week in advance of the meeting.
The certified mailing receipts were submitted.
Ms. Raponi stated it is her desire to convert the previous retail space at 31 Main Street to her physical therapy office.
Mr. Tedesco noted there is no off street parking for this property. The previous retail space required four parking spaces and the physical therapy office would require three so parking is not an issue.
Mr. Tedesco questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried that the Board declares itself Lead Agency on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the hearing be closed.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board determines there will be no significant adverse environmental impacts as a result of converting the retail space at 31 Main Street to a physical therapy office.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to approve the change of use from retail to a physical therapy office at 31 Main Street subject to:
1. Approval by the Building Inspector.
2. Approval by the Architectural Review Board for any proposed signage.
PUBLIC HEARING – RAND TARRYTOWN, LLC, CONTRACT VENDEE – 54 NORTH BROADWAY
Mr. Tedesco read the following Notice of Public Hearing:
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, August 27, 2007, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Rand Tarrytown, LLC, Contract Vendee
54 North Broadway
Tarryytown, New York 10591
Planning Board -7- August 27, 2007
To consider an application for site plan approval for property located at the above address for construction of a new eleven space area to accommodate the required parking for real estate office on first and second floors and apartment on third floor.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 8, Block 25, Lot 6, and is located in an RR (Restricted Retail) Zone.
Documents are available for inspection in the Planning and Zoning Office. All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing-impaired; request must be made to the Village Clerk at least one week in advance of the meeting.
The certified mailing receipts were submitted.
Mr. Sam Vieira, project architect, stated last month they submitted two proposals – one showing the eleven parking spaces, which are required for offices on the first and second floor of the building and an existing apartment remaining on the third floor. This plan would have required the removal of seven trees. The second plan showed ten parking spaces, which would have reduced the number of trees to be removed to two. He met with the Board at their work session on August 16th and the Board suggested the number of parking spaces be reduced to nine, which would require no trees to be removed. He submitted a revised plan showing the nine parking spaces. The Board felt from an environmental and landscaping point of view this was more desirable and the loss of the two parking
spaces was a minimal loss since the nature of this business has agents out in the field so not every desk is being occupied at the same time.
Upon inquiry from Ms. D’Avolio, Mr. Vieira stated the retaining wall previously shown is not necessary with this revised plan.
Mr. Tedesco questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board declares itself Lead Agency on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the hearing be closed.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board determines there will be no significant adverse environmental impact as a result of this proposal to convert the second floor of the building at 54 North Broadway from residential to office space with the construction of parking spaces.
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Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to approve the site plan dated 8-16-06, Option 2, for the conversion of the second floor at 54 North Broadway from residential use to office use and the creation of nine parking spaces subject to:
1. Approval by the Building Inspector/Village Engineer
2. Use of permeable eco pavers for the parking area (new spaces six through nine.)
3. Payment of any outstanding escrow fees before the granting of a building permit
4. Signing of the final site plan by the Planning Board Chair.
5. Approval of a landscaping plan by the Village Landscape Consultant.
6. The additional two parking spaces required for this site plan are to be land banked. One year after this approval the applicant is required to return to the Planning Board regarding a final determination as to the land banked spaces. At that time the Board may require that these spaces be created or may recommend a variance be granted by the Zoning Board of Appeals so these spaces do not have to be created. If it is determined the land banked spaces (spaces 6 and 11 on Option 1) must be created, they must be created using permeable pavers.
PUBLIC HEARING – 7 EMERALD WOODS (JARDIM ESTATES LOT 10)
Mr. Tedesco read the following Notice of Public Hearing:
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, August 27, 2007 at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Holy Spirit Association for the Unification of World Christianity
4 West 43rd Street
New York, New York 10036
To consider the application for site development plan approval for a new single-family house at 7 Emerald Woods, Tarrytown, New York (Jardim Estates Lot 10)
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29, Parcel 70 and is located in the R-60 (Residential) Zone.
Documents are available for inspection in the Planning and Zoning Office. All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing-impaired; request must be made to the Village Clerk at least one week in advance of the meeting.
The certified mailing receipts were submitted.
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Mr. Norman Sheer, attorney for the applicant, stated they were submitting three alternatives for this lot because it is a difficult lot.
Mr. Tim Cronin, engineer, stated at the last meeting they presented a plan showing the house in the middle of the parcel. That was not consistent with what was in the original
subdivision plan where the house was in the back of the lot. Tonight they are showing three options. Option A shows the house in the middle of the lot with the large trees in the rear of the lot. Option B shows the house in the rear with the driveway coming in on grade. In order for the first floor have a back yard, it requires quite a bit of excavation and a number of fairly significant trees will have to come down and the impact to the house to the east would be significant. Option C shows the house in the same location; however, they raised the first floor of the house and would bring in fill for the driveway, which will jeopardize one of the beech trees.
Ms. Raiselis stated it would be helpful if the Board could see a section through the property that shows the elevation. Mr. Cronin stated they could do that and would show the house in the back as well.
Mr. Stephen Coleman, Landscape Architect for the applicant, stated they have retained a certified arborist to review the trees on Lot 10.
Mr. Sheer submitted a rendering of the house noting this lot is under contract.
Mr. Tedesco questioned whether anyone wished to address the Board on this matter.
Ms. Linda Viertel, 8 Gracemere, stated the neighborhood and the Board would benefit from the plans, which were submitted tonight, being enlarged and the Jacob house should also be shown. In terms of what the house looks like, Chairman Friedlander has said there should be a variety of homes but they are all cookie cutter houses. The community needs to see what they are going to end up with since the houses all seem to look alike. This is the last estate in Tarrytown being developed and it should not be developed with cookie cutter houses. The Planning Board should send a message to the Architectural Review Board that it is not fair to develop this way. She stated she was glad to hear Mr. Yarabek is asking for a log of the trees that are being removed.
Mr. Tedesco stated Mr. Inglis from the church said at the last meeting there will be a group of homes where the architecture will be significantly different. Mr. Sheer stated those would be proposed after they finish out the Sheldon Avenue portion. The houses along the entry driveway will be more diverse. Mr. Tedesco stated the Board would like some idea of what that really means. Mr. Sheer stated they could provide some design concept. All of the houses are being built on spec. Ms. Raiselis stated all the houses are done from a book.
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Ms. Raiselis stated the applicant should submit an elevation for this side of the street as they did for the other side. It should include Lots 7, 8, 9, 10, and 11.
Mr. Aukland questioned the status of the shared driveway since this lot was to have a shared driveway and this application does not show that. Mr. Sheer stated they have
moved the shared driveway over to Lot 11. Mr. Aukland stated he would be interested to see a shared driveway for Lots 11 and 16. Mr. Sheer stated they could show that. Mr. Aukland stated the Board would not be ready to approve a shared driveway off the service road.
Ms. Mary Buschman Kelly, 103 Gracemere, stated the street signs have still not been installed. Mr. McGarvey stated the signage has not been submitted to him for approval. Mr. Sheer stated if Mr. McGarvey is saying everything goes through his office, then he will tell his client to submit to him. Mr. Tedesco stated Mr. Inglis should meet with Mr. McGarvey and they should come to an agreement on the street signs.
Mr. Sheer requested the Board have a site visit to review the three Options submitted tonight in the field. It was agreed this visit should be scheduled for Monday, September 17th, at 3 p.m.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board declares itself Lead Agency on this application.
The Board unanimously agreed to continue the hearing at their September24th meeting.
Ms. Viertel stated the Board should look at the 30 to 35 items in the timeline prepared by Mr. Yarabek and be sure they are being done while in the Fall planting season. Mr. Sheer stated the Planning Board is not an enforcement agency and that type of comment needs to be directed to Mr. McGarvey.
CONTINUATION OF PUBLIC HEARING – 2 EMERALD WOODS – (JARDIM ESTATES LOT 6)
Mr. Norman Sheer, attorney for the applicant, stated they have submitted a grading and landscaping plan showing the pool and first floor of the house raised 2 ft.
Mr. Tim Cronin, engineer, stated the revised plans they submitted for Lot 6 show the first floor of the house raised 2 ft. and also the pool in the rear is raised 2 ft. That maintains a gradual slope to the pool.
Mr. Stephen Coleman, Landscape Architect for the applicant, stated they also increased the density of the plantings along Sheldon Avenue and along the Aqueduct in the back. Mr. Yarabek stated he will review those changes.
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Mr. Sheer stated they are requesting the Board approve the 2 ft. height variance.
Mr. Tedesco questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the hearing be closed.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board determines there will be no significant adverse environmental impact as a result of the construction of a new single-family house on Lot 6 of Jardim Estates.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the site plan for the construction of a new single-family house at 2 Emerald Woods (Jardim Estates Lot 6) subject to the following:
1. Approval by the Building Inspector/Village Engineer, including drainage provisions for the pool and decking on Lot 6.
2. Compliance with all the items contained in the resolution of approval for the preliminary subdivision dated November 24, 2003, and revised January 26, 2004.
3. The above-noted resolution included, but was not limited to the following:
(a) Approval of the landscaping and screening plan by the Village Landscape Consultant including items in his memo of August 17th to the Planning Board. All plantings must be native species or non-invasive ornamentals. Any deviation from this must be approved by the Village Landscape Consultant.
(b) Approval by the Architectural Review Board.
(c) Payment of applicable recreation and escrow fees.
(d) A detailed tree protection and tree preservation plan to be approved by the Village Landscape Consultant.
(e) If any trees which are designated to be preserved are damaged due to site work and subsequently need to be removed, the applicant will replace them in kind. If this is not possible, payment of the assessed values of the trees to the Village Tree Replacement Fund will be required.
4. Adherence to the section of the Zoning Code dealing with the Tree Replacement
Fund for the removal of any trees with a 10 inch caliper or greater or alternative
remediation elsewhere on the project site as approved by the Village Landscape
Consultant with a proportionality schedule approved by him.
5. The applicant also agrees to perform any treatment and pruning of existing trees
deemed necessary by the Village Landscape Consultant at a time the consultant deems most appropriate.
6. Use of equipment no larger than a 315 CAT excavator and a 416 CAT backhoe
without approval by the Building Inspector to prevent damage to trees.
7. The area around the pool on Lot 6 will be of permeable pavers (eco pavers.)
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8. The driveway will be of permeable pavers (eco pavers.)
9. The Planning Board approves a punch list (dated August 28, 2007) for mandatory
actions and also voluntary action agreed upon, including landscaping to be done in the park and public improvements on the site, with a time line for the
completion of individual items. If any item is not satisfactorily completed
according to the approved time line, a cease and desist order will be issued for
any on-going site work at Jardim Estates. The Building Inspector may grant a
temporary waiver under emergency conditions (e.g., if in his judgment he
decides it would not be safe or reasonable to stop a given process in
mid-stream.) However, no Certificates of Occupancy will be granted if a
given item is not completed within the time specified in the time line.
10. The Board approves a relaxation in the bulk requirement allowing a maximum height change of 2 ft. for the home on Lot 6. (First floor elevation will be 176.0)
11. A traffic calming plan developed by traffic consultant John Canning and approved by the Village Engineer and the Planning Board. The cost of implementation of this plan will be borne by the applicant.
12. The signing of the final site plan by the Planning Board chair.
CONTINUATION OF PUBLIC HEARING – 6 EMERALD WOODS – (JARDIM ESTATES LOT 4)
Mr. Tim Cronin, engineer for the applicant, stated the Lot 4 plan was revised slightly. There was a tree they were trying to preserve which both Mr. Coleman and Mr. Yarabek felt could not happen so that tree has been shown to be removed. There is a revised landscaping plan but the plan is similar to what was submitted at the last meeting. There will also be some grading but it is not in a steep slope area.
Mr. Stephen Coleman, Landscape Architect for the applicant, stated the planting plan has been revised to reflect Mr. Yarabek’s comments.
Mr. Tedesco questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the hearing be closed.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board determines there will be no significant adverse environmental impact as a result of the construction of a new single-family house on Lot 4 of Jardim Estates.
Planning Board -13- August 27, 2007
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the site plan for the construction of a new single-family house at 6 Emerald Woods (Jardim Estates Lot 4) subject to the following:
1. Approval by the Building Inspector/Village Engineer.
2. Compliance with all the items contained in the resolution of approval for the preliminary subdivision dated November 24, 2003, and revised January 26, 2004.
3. The above-noted resolution included, but was not limited to the following:
a. Approval of the landscaping and screening plan by the Village Landscape Consultant including items in his memo of August 17th to the Planning Board. All plantings must be native species or non-invasive ornamentals. Any deviation from this must be approved by the Village Landscape Consultant.
b. Approval by the Architectural Review Board.
c. Payment of applicable recreation and escrow fees.
d. A detailed tree protection and tree preservation plan to be approved by the Village Landscape Consultant.
e. If any trees which are designated to be preserved are damaged due to site work and subsequently need to be removed, the applicant will replace them in kind. If this is not possible, payment of the assessed values of the trees to the Village Tree Replacement Fund will be required.
4. Adherence to the section of the Zoning Code dealing with the Tree Replacement
Fund for the removal of any trees with a 10 inch caliper or greater or alternative
remediation elsewhere on the project site as approved by the Village Landscape
Consultant with a proportionality schedule approved by him.
5. The applicant also agrees to perform any treatment and pruning of existing trees
deemed necessary by the Village Landscape Consultant at a time the consultant deems most appropriate.
6. Use of equipment no larger than a 315 CAT excavator and a 416 CAT backhoe
without approval by the Building Inspector to prevent damage to trees
7. The driveway will be of permeable pavers (eco pavers.)
8. The Planning Board approves a punch list (dated August 28, 2007) for mandatory
actions and also voluntary action agreed upon, including landscaping to be done in the park and public improvements on the site, with a time line for the
completion of individual items. If any item is not satisfactorily completed
according to the approved time line, a cease and desist order will be issued for
any on-going site work at Jardim Estates. The Building Inspector may grant a
temporary waiver under emergency conditions (e.g., if in his judgment he
decides it would not be safe or reasonable to stop a given process in
mid-stream.) However, no Certificates of Occupancy will be granted if a
given item is not completed within the time specified in the time line.
9. A traffic calming plan developed by traffic consultant John Canning and
approved by the Village Engineer and the Planning Board. The cost of
Planning Board -14- August 27, 2007
implementation of this plan will be borne by the applicant.
10. The signing of the final site plan by the Planning Board chair.
CONTINUATION OF PUBLIC HEARING – WILSON PARK HOME & LAND COMPANY, LLC – WILSON PARK DRIVE – SUBDIVISION
Mr. Tedesco stated the Board is preparing conditions for subdivision approval and has scheduled a work session with the applicant for September 6th.
No one appeared to speak on this matter.
All agreed to continue the hearing at their September 24th meeting.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY – JARDIM ESTATES EAST – BROWING LANE
Mr. Robert Geneslaw, Village Planning Consultant, stated he had submitted revisions to the Scoping Document, which were suggested at the Board’s July meeting but has not heard back from the Board. It was agreed that Mr. Geneslaw would circulate this amended document once again and Board members would suggest any changes or let Mr. Geneslaw know the document was acceptable as submitted.
No one appeared to address the Board on this matter.
All agreed that this matter be continued at the Board’s September 24th meeting.
PRELIMINARY PRESENTATION – THE ESTATE OF FOO CHU – 116 ALTAMONT AVENUE (2-LOT SUBDIVISION)
No one appeared on behalf of the applicant. All agreed to continue the preliminary presentation at the Board’s September 24th meeting.
PRELIMINARY PRESENTATION – ACADIA REALTY TRUST – 135 WILDEY STREET (WALGREEN’S SHOPPING CENTER) – DUNKIN DONUTS
Mr. Michael Mastrogiacomo, Project Engineer, stated the proposal is to locate a Dunkin Donuts store between Walgreen’s and the bank.
The Board reported receipt of a memo, dated August 17, 2007, from Stephen Yarabek, the Village’s Landscape Consultant, stating that while there are no direct landscape issues for this application, the shopping center owner, Acadia Realty, will need to improve the existing landscaping within the overall site prior to the issuance of a Certificate of Occupancy for this application. Specifically, several shade trees are dying due to a lack
Planning Board -15- August 27, 2007
of water; planter islands along the west side of the parking lot and the planters along Wildey Street need to replenished.
Mr. Tedesco stated the Board will be requiring submission of a maintenance plan for the landscaping on the site. He stated the Board will also need to know the parking requirements for this use and whether those can be met. Mr. Mastrogiacomo stated they
will need a variance for some parking since there will be some tables and seating and the parking requirements will be submitted.
Mr. Geneslaw stated the hours of operation should be provided. Also, since there are residences behind this shopping center, if food preparation is planned, the applicant should submit what measures will be taken to mitigate any aromas from that preparation.
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 an escrow account on this application in the amount of $2,500.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board sets a public hearing on this application for the Board’s September 24, 2007, meeting.
C-TOWN SUPERMARKET – 114 NORTH BROADWAY
Mr. Tedesco noted at the time of site plan approval in June for C-Town Supermarket, one of the conditions had been that they perform a study of their current parking and that study was to have been submitted to the Board in July. That study has never been submitted. The Secretary stated she has left several messages advising C-Town that the study was required.
The Board advised the Secretary to send a letter to C-Town advising that this study must be submitted and if that is not done, the Board will have to revisit the site plan approval since that condition of approval has not been met.
ADJOURNMENT
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 9 p.m.
Kathleen D’Eufemia
Secretary
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