Planning Board
Village of Tarrytown
Regular Meeting
September 24, 2007 7 p.m.
PRESENT: *Chairman Friedlander (late); Members Tedesco, Raiselis, Aukland;
Counsel Shumejda; Building Inspector/Engineer McGarvey; Planning
Consultant Geneslaw; Consulting Landscape Architect Yarabek
ABSENT: Ms. D’Avolio
Mr. Tedesco chaired the beginning of the meeting in Dr. Friedlander’s absence.
PUBLIC HEARING – ACADIA REALTY TRUST – 135 WILDEY STREET (WALGREEN’S SHOPPING CENTER)
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, September 24, 2007, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Acadia Realty Trust
260 Mamaroneck Avenue
White Plains, New York
To consider an application for site plan approval for property located at 135 Wildey Street, Tarrytown, New York, (Walgreen’s shopping center) to allow for renovation of new retail space to allow for a Dunkin’ Donuts.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 2, Parcel 25 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. Michael Mastrogiacomo, engineer, stated this store will be next to the Chase Bank at the Walgreen’s shopping center. They will only take half of the vacant space. They will not be cooking on the site. There will be ovens for warming. The baking is done outside the store and will be delivered to the store. They would like to operate 24 hours a day.
Planning Board -2- September 24, 2007
Mr. Yarabek, the Village’s Landscape Consultant, stated he met today with Mr. O’Connor from Acadia Realty. It was a good meeting. Mr. Yarabek stated since he issued his memo on August 17th, Acadia Realty hired Mark Levy Horticultural Services to do an update of the landscaping, which has been completed. Quite a bit of landscaping has been done and all the islands have been updated with flowers and shrubs. Today Acadia Realty agreed to put more landscaping in the rear of the commercial buildings on Wildey Street. They have made a good effort in the last month.
Mr. O’Connor submitted to the Board a copy of the service contract between Acadia Realty and Mark D. Levy Horticultural Services for the period 2006-2007 (Landscape Maintenance Services) and 2007-2010 (Watering Services.)
Mr. Mastrogiacomo noted there will be some seating – one table will be handicapped accessible. They have applied to the Zoning Board of Appeals for a variance because they are deficient eight parking spaces. Board members noted there is always ample parking availability in this lot.
In regard to the 24-hour operation Mr. Pete Marrinan, franchisee, stated they have a number of Dunkin Donuts stores and about 40% of them operate 24 hours. In this case, Walgreen’s and McDonalds in this shopping center are open 24 hours so it seemed it would be conducive to this business to be open 24 hours. They would like to try it and then evaluate whether or not it is feasible. Board members felt the business should open and then evaluate whether they need the 24-hour operation. They can always come back to request the 24 hours, as Walgreen’s did.
Mr. Tedesco questioned whether anyone wished to address the Board on this application. No one appeared.
Upon inquiry from Mr. McGarvey, Mr. Marrinan stated there will be no equipment that emits to the outside for food preparation. Everything will be ductless.
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 Planning Board determines there will be no significant adverse environmental impact as a result of the proposed Dunkin Donuts store.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that Planning Board approves the renovation of vacant space at 135 Wildey Street for a Dunkin Donuts store subject to:
Planning Board -3- September 24, 2007
1. Approval by the Building Inspector
2. Compliance with the landscaping requests made by the Village Landscape Consultant in his memo of August 17, 2007. This landscaping will be reviewed and approved by the Village Landscape Consultant after its completion before the issuance of a Certificate of Occupancy.
3. Approval of a maintenance procedure or plan for all landscaping on the Acadia Realty site. The Village Landscape Consultant will inspect conditions of the landscaping every six months for the first year and then annually and require replacement of trees or plantings as needed at a time he determines most appropriate.
4. Approval by the Zoning Board of Appeals of a variance for the deficiency of eight spaces in the parking requirement. The Planning Board recommends this variance be granted as there are many spaces on the Acadia site, which are not utilized.
5. Approval of signage for the store by the Architectural Review Board.
6. The Board will entertain a request for 24-hour operation after the store has opened if the applicant so desires.
7. There will be no equipment that emits to the outside for food preparation. Everything must be ductless.
8. Payment of any outstanding escrow fees prior to the issuance of a C.O.
9. Signing of the final site plan by the Planning Board Chair.
CONTINUATION OF PUBLIC HEARING – 7 EMERALD WOODS (LOT 10 JARDIM ESTATES)
Mr. Michael Inglis, representing the applicant, stated the Planning Board recently had a site walk of this property.
Mr. Tim Cronin, engineer, stated they presented the three alternative locations for siting the house in the field. Based on walking the property and viewing the trees, it seemed the consensus of the Board was to go with Alternative A (which shows the house in the middle of the lot). The house has been shifted so no side yard variance is required. A 36” maple tree will have to be removed, but the tree is not in good condition. Mr. Yarabek stated this maple tree has problems. He noted all utilities will have to follow the driveway.
Mr. Inglis submitted a streetscape from Lot 9 to the Jacob House with Lot 10 in the middle.
Ms. Raiselis stated one problem she has is the unrelenting nature of the very subtle changes in the houses. The houses always have the broad face to the street. Mr. Inglis stated they are trying to come up with something quite different for Lot 3. Mr. Tedesco stated it would be desirable to see architectural design concepts for the additional houses.
Planning Board -4- September 24, 2007
Mr. Aukland noted the Dr. Mankiewicz principals of keeping the storm water on site are not being followed here. The water is going to Village drains. Mr. McGarvey stated this whole subdivision was done prior to Dr. Mankiewicz’ proposals. In this subdivision all the Village drain lines go into a retention pond and then it gets metered out.
Mr. Tedesco questioned whether anyone wished to address the Board on the application for Lot 10 at Jardim Estates. No one appeared.
*Chairman Friedlander arrived.
In regard to the “Punch List” developed by Mr. Yarabek for outstanding work, which needs to be completed at Jardim Estates, Mr. Yarabek stated the work is on schedule. Mr. Inglis stated he is still waiting for the traffic-calming proposal. Mr. McGarvey stated he had a meeting with John Canning, traffic consultant, and the proposal will be put in writing to Mr. Inglis. The Village will also make recommendations on street names and signage, which they feel will meet with the approval of the Architectural Review Board.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board declares itself Lead Agency on the site plan application for Lot 10 at Jardim Estates.
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 impacts as a result of the construction of a new single-family house on Lot 10 at Jardim Estates.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the site plan for a new single-family house at 7 Emerald Woods (Jardim Estates Lot 10) subject to:
1. Approval by the Building Inspector/Village Engineer, particularly in regard to the stormwater/drainage plan.
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. 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 before the issuance of a building permit.
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(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 or the planning of multiple trees approved by the Village Landscape Consultant.
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, from the Village Landscape Consultant for mandatory actions and also voluntary actions 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 Certificate 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. The cost of implementation of this plan will be borne by the applicant.
10. Approval of the single driveway for Lot 10, rather than a shared driveway with Lot 11 is conditioned on the future proposal of a shared driveway for Lots 11 and 16. Access to Lot 16 will not be from the service road in Gracemere.
11. All utilities shall be located within the driveway right-of-way.
12. The signing of the final site plan by the Planning Board Chair.
*Dr. Friedlander chaired the meeting from this point forward.
Planning Board -6- September 24, 2007
CONTINUATION OF PUBLIC HEARING – WILSON PARK HOME & LAND COMPANY, LLC – WILSON PARK DRIVE – SUBDIVISION
Chairman Friedlander stated the applicant has requested an adjournment to the Board’s October meeting. No one appeared to address the Board on this matter. All agreed to continue the hearing at the Board’s October meeting.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY (HAS-UWC) – JARDIM ESTATES EAST – BROWNING LANE – SCOPING DOCUMENT
Mr. Robert Geneslaw, Planning Consultant stated he submitted changes to the Scoping Document, which had been suggested by Board members.
Mr. Aukland questioned whether Mr. Geneslaw felt the Scoping Document will take care of the things that have had to be addressed in the punch list for Jardim Estates West. He also questioned how the Homeowners Association would be established and implemented.
Mr. Geneslaw stated everything is pretty much covered. Some of the punch list items are too detailed for a Draft Environmental Impact Statement. There can be a further level of detail in the Final Environmental Impact Statement. He stated Village Counsel and the Board will want to take a look at the Homeowners Association documents. Chairman Friedlander stated it would be his preference the Homeowners Association doesn’t take control until the final Certificate of Occupancy is issued. The developer must be responsible until that time. Counsel Shumejda stated the deeds can state there is a Findings Statement, a Final Environmental Impact Statement and a subdivision plat which all have conditions. That does put a homeowner on notice that there are conditions.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter. No one appeared.
Board members stated the proposed amendments to the Scoping Document as presented by Mr. Geneslaw are acceptable.
Mr. Tedesco stated at the Planning Board July 23rd meeting the Board adopted the Scoping Document for the Jardim Estates East subdivision with revisions agreed upon at that meeting. The Board has reviewed the revised Scoping Document and added clarifications at their last work session.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board adopts the Scoping Document dated September 2007 containing the latest clarifications as the Final Scoping Document for the Jardim Estates East subdivision.
Planning Board -7- September 24, 2007
PRELIMINARY PRESENTATION – ESTATE OF FOO CHU – 116 ALTAMONT AVENUE
Mr. Peter Sauter, engineer for the applicant, submitted to the Board a Sections map. Mr. Robert Schroeger, attorney for the applicant, stated a significant portion of the section is beyond the property line because the depth of the shoulder of the road is about 100 ft. They intentionally left out the trees for clarity. They are Village trees.
Upon inquiry from Mr. Tedesco, Mr. Sauter stated the height of the retaining wall is approximately 4 ft.
Mr. Sauter stated the amount of impervious surface for Lot 1 (proposed new lot) is 17.7% (2,948 sq. ft.) and the amount of impervious surface for Lot 2 is 30.9% (13, 648 sq. ft.)
The area of disturbed 25% slope at the driveway entrance of Lot 1 is 52 sq. ft.
The Board requested the property be staked showing the footprint for the proposed house and driveway. The Board agreed to have a site visit on Thursday, October 11th at 12 noon.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board declares its Intent to be Lead Agency on the proposed subdivision at 116 Altamont Avenue.
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 project.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board sets a public hearing for October 22, 2007, for a proposed two-lot subdivision at 116 Altamont Avenue.
C-TOWN SUPERMARKET – 114 NORTH BROADWAY
Mr. Tedesco stated the Planning Board asked C-Town Supermarket for a one-week parking lot survey of the number of spaces utilized at various times of the day which could be used as a base line for comparison after expansion. That survey was done for the period of 6/29/07 through 7/5/07 and submitted to the Board. At the last work session, it was felt there should be a second survey done during a week in October and the Secretary has requested this from C-Town.
Planning Board -8- September 24, 2007
ADJOURNMENT
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 8:40 p.m.
Kathleen D’Eufemia
Secretary
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