Planning Board
Village of Tarrytown
Regular Meeting
October 22, 2007 7 p.m.
PRESENT: Chairman Friedlander; Members Raiselis, Tedesco, D’Avolio; Counsel
Shumejda; Planner Geneslaw; Engineer McGarvey; Secretary D’Eufemia
ABSENT: Mr. Aukland
APPROVAL OF MINUTES
Ms. Raiselis moved, seconded by Mr. Tedesco, and unanimously carried, that the minutes of August 27, 2007, be approved as submitted.
Ms. Raiselis moved, seconded by Mr. Tedesco, that the minutes of September 24, 2007, be approved as submitted. Ms. D’Avolio abstained. All others assented.
CONTINUATION OF PUBLIC HEARING – WILSON PARK HOME & LAND COMPANY, LLC – WILSON PARK DRIVE – SUBDIVISION
Chairman Friedander stated this application has been adjourned to the Board’s November meeting.
HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY – JARDIM ESTATES EAST – BROWNING LANE
Chairman Friedlander stated this application has been adjourned because the applicant is preparing the Draft Environmental Impact Statement.
PUBLIC HEARING – ESTATE OF FOO CHU – 116 ALTAMONT AVENUE
Chairman Friedlander 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, October 22, 2007, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
The Estate of Foo Chu
116 Altamont Avenue
Tarrytown, New York 10591
To consider an application for Subdivision Approval, pursuant to Section 263.4 of the Subdivision Regulations, for property located at 116 Altamont Avenue, Tarrytown, New York, consisting of 60,878 sq. ft. into two lots as follows:
Lot 1 – 16,716 sq. ft.
Lot 2 – 44,162 sq. ft. (with existing home)
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 19B, Block 122, Lots 12, 13, 14, 37A, 38A, 38B, and 39A and is located in an R-10 (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.
Mr. Robert Schroeger, attorney for the applicant submitted to the Village Attorney a draft of the proposed driveway easement that had been requested by the Board.
Mr. Schroeger stated this is a fairly straight-forward subdivision. The property that is presently held by the Chu interests is slightly more than 60,000 sq. ft. and it is located in an R-10 single-family residential zone. The proposed new vacant lot, which would be available for construction is on a lot that is approximately 16,000 sq. ft. It has been reduced to conform with the steep slopes requirements and it still has more than 10,000 sq. ft. The existing house on the other lot is roughly 44,000 sq. ft. Eventually there will be two single-family residences on 60,000 sq. ft. because of the topography. No one will know where the property lines are because it is a densely wooded parcel. Perhaps the only unusual character is that they nick the large lot with the driveway access
and that is why they provided a very small easement there. After a field visit it was discovered they do not need that easement; however, they would leave it to the Board’s discretion whether they wanted that easement or not. The flattest area is actually a few feet farther toward the intersection of Rosehill Avenue and Altamont Avenue and that is probably the best driveway area. If the driveway is placed there, it does not nick the corner. It doesn’t make any difference to the applicant.
Mr. Tedesco stated on the plan without the easement Mr. Schroeger had previously said the driveway wasn’t quite perpendicular to the road. Mr. Schroeger stated it is actually flatter than the survey indicated and that was not realized until the property was staked.
Ms. Raiselis stated a new survey would then be needed. Mr. Schroeger stated the easement can remain but the actual driveway would not cross the easement.
Mr. Peter Sauter, Land Surveyor, stated he developed the plans and this is a feasible subdivision.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter.
Ms. Helen Siebert, 92 Rosehill Avenue, questioned the footprint of a new house. Mr. Sauter stated it is 54 ft. x 24 ft. Ms. Siebert noted her house is 42 ft. x 25 ft. Mr. Schroeger stated the new house would be set back 125 ft. from the corner. Mr. Sauter stated there are a lot of trees blocking a new house from the road. The maximum size house that can be built in this zone is 3,500 sq. ft. and the proposed house is shown at about 3,300 sq. ft.
Ms. Siebert questioned the chances of the larger property being subdivided in the future. Mr. Sauter stated the property does not have the street frontage. Mr. McGarvey stated this application is for a subdivision of the property and the Planning Board asked that a generic house be shown that would fit. The property is tight because of the steep slopes. What has been submitted is not a site plan but the applicant has shown a house, that conforms with all the zoning requirements, can fit. If the lot is sold, someone will have to come in for site plan approval. The Board could consider requiring there be no further subdivision of the larger lot but that lot is land locked.
Mr. Tedesco stated while it is unlikely the larger lot could be subdivided, the Planning Board can put a condition that it cannot be.
Ms. Connie Localio, 100 Rosehill Avenue, stated she owns the house to the north of this property. “We are not in favor of the subdivision. We enjoy the secluded nature of our property. We would not like to see a new house built there. I assume my objection will not have any result on this subdivision.” Ms. Localio stated she is primarily concerned about the trees. There is a large tree that would overhang the proposed house. It seems that tree is too close to the foundation, yet it is a healthy tree. “I don’t see how that large tree would not be damaged.” Ms. Raiselis stated the Board walked the property with Stephen Yarabek, the Village’s Consulting Landscape Architect. “I did not receive any negative comments from Mr.
Yarabek, and he is a tree protector.” Ms. Raiselis noted this is not a site plan application. This is a subdivision application and the Planning Board cannot say a subdivision cannot be approved because of a particular tree.
Mr. Zophonias Bjorgvinsson, 126 Altamont Avenue, stated in principal this seems the right thing to do. “I know Carol Chu greatly cares for this property.” Mr. Bjorgvinsson stated he has some concern because he shares a driveway with the existing Chu house so there might be a problem for him if there can be no further subdivision at all for the larger parcel. Mr. Schroeger suggested if the Board were considering a stipulation there be no further subdivision, they may want to say no further subdivision that would create another building lot. Mr. Bjorgvinsson stated that would address his concerns.
Ms. Cathlene Terbetski, 131 Altamont Avenue, questioned whether there would be any blasting and if so, would there be restrictions as to when it can be done and notification to neighbors. Mr. McGarvey stated Tarrytown allows blasting; however, there are regulations for blasting. He stated he did not believe it would be necessary to have blasting at this site.
Mr. Geneslaw noted the sight distance looking up the hill from the proposed driveway is short and the Board during site plan review may want to consider cutting away a little of the hillside next to the existing driveway and removing a tree for better sight distance. Ms. Raiselis stated during site plan review the Planning Board may also want to consider recommending to the Board of Trustees that parking on Altamont Avenue to the crest of the hill not be allowed. Ms. Christine Sarofeen, 123 Altamont Avenue, stated she would not be in favor of no parking since the houses on Altamont have small driveways.
Ms. Carol Chu, the applicant, stated she understood why everyone wants to keep the woods as they are. It is a corner that will be developed at some time. The Planning Board has done a great job about being professional. They are really looking out for the trees and steep slopes. “I have been in this process for two years so it has not been haphazard. This won’t be a huge house.”
No one further appeared to address the Board on this matter.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board declares itself Lead Agency on this application.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the hearing be closed.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board determines there will be no significant adverse environmental impact as a result of this subdivision.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board approves the subdivision of the property at 116 Altamont Avenue consisting of 60,878 sq. ft. into two lots:
Lot 1 – 16,716 sq. ft.
Lot 2 – 44,162 sq. ft. (with existing home)
Subject to the following conditions:
1. Approval by the Building Inspector/Village Engineer
2. The Board approves the disturbance to a very small area of steep slopes to allow for access in the Village right of way.
3. The Board approves the easement for ingress and egress subject to approval of same by the Village Attorney.
4. Adherence to future changes in all Village code regulations.
5. There will be no further subdivisions of the property for the purpose of creating any additional building lots.
6. Payment of any outstanding escrow fees and recreation fees prior to the signing of the subdivision plat.
7. Signing of the final subdivision plat by the Planning Board Chair.
MEETING ADJOURNED 8 p.m.
Kathleen D’Eufemia
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