Planning Board
Village of Tarrytown
Regular Meeting
November 26, 2007 7 p.m.
PRESENT: Chairman Friedlander; Members Aukland, Tedesco, D’Avolio;
Counsel Shumejda; Building Inspector/Engineer McGarvey;
Landscape Consultant Yarabek; Secretary D’Eufemia
ABSENT: Ms. Raiselis
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Ms. D’Avolio, that the minutes of October 22, 2007, be approved as submitted. Mr. Aukland abstained. All others assented. Motion carried.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY - JARDIM ESTATES EAST
Chairman Friedlander reported the applicant is preparing the D.E.I.S. for this application so the matter is adjourned tonight.
CONTINUATION OF PUBLIC HEARING – WILSON PARK HOME AND LAND COMPANY – WILSON PARK DRIVE – SUBDIVISION
Chairman Friedlander read a memo dated November 20, 2007, prepared by Frank Fish and Melissa Kaplan-Macey of BFJ Planning, Planning Consultants for the Village on this application. This memo provides conditions for preliminary subdivision plat approval and is attached to the official copy of these minutes.
Mr. Norman Sheer, attorney for the applicant, stated under Dedication of Land to the Village, the second notation under the first bullet the word easement should be easements and the word basin should be basins. Under Sale of Land to the Village, the second bullet should have a price. Under Utilities/Drainage, the second bullet states that the subdivision plat must include a note indicating that upkeep and long-term landscape mitigation measures associated with the Sediment and Erosion Control Plan for the project will be the responsibility of the Homeowners’ Association and must be inspected by the HOA after every run-off producing rainfall. He stated he did not believe an HOA would do this inspection for every run-off producing rainfall into the future. Under Utilities and Drainage, the
third bullet, the second notation states all runoff by new impervious surface areas will be infiltrated on each residential lot in an underground filtration structure on the northwestern portion of Parcel 1. Mr. Sheer stated they have proposed every lot will infiltrate its runoff.
Mr. Sheer stated when they arrived tonight, the Board was conducting a work session and there was a discussion about easements. He asked for the Board’s thoughts on this matter. Mr. McGarvey stated he did not think the Village wants to own any portion of the road. He stated the Village could get access to the park by having easements. Mr. Sheer questioned who would maintain the road. Mr. McGarvey stated the HOA would maintain its half and the neighbors on the other side would maintain their half – just as it is now. Chairman Friedlander stated as a practical matter, nothing changes. Everything stays as it has for the past 50 years. Mr. Sheer stated it is a bad situation. Counsel Shumejda stated the Village would ask the adjoining property owners to convey
an easement. That would give a legal right for people to traverse the road to access the park.
Mr. Sheer stated to get that the Village will have to get releases from the mortgagees which is not easy. Counsel Shumejda stated he felt they would ultimately agree.
Mr. Sheer stated at the last work session there was discussion about the possibility of the Village taking the half of the road adjacent to the park and the Village would maintain that portion of the road. Counsel Shumejda stated then the Village would be responsible for drainage. Mr. Sheer stated he did not think it makes a major difference to the applicant but it seems from a municipal point, the Village should own Wilson Park Drive.
Counsel Shumejda stated usually when the Village takes ownership of a road, the road meets Village specifications. This clearly does not and there are issues with sewer, water and drainage and the Village would inherit those problems. Counsel Shumejda asked if the applicant would consider new water, sewer and drainage lines on the half of the road, which they own. Mr. Sheer stated it is easier for them to continue owning half the road.
Chairman Friedlander questioned what the applicant’s understanding is as to what will be done for the soccer field. Mr. Rodney Montague of WCI stated they will make drainage improvements to the soccer field and they will re-grade it.
Chairman Friedlander questioned whether anyone present wished to address the Board on this matter.
Ms. Ann Hull, 111 Wilson Park Drive, questioned if the road stays private with an easement to allow park access, who would regulate it and would it fall within the Village’s jurisdiction. She noted in the past people parked on this land that will now be parkland and enforcement became a problem. Mr. Montague stated they will be adding a curb so people will not be able to park on the parkland. Chairman Friedlander stated the park is public and the issue of parking will be regulated by the Police Department. “You can’t just jump the curb and park on the grass.”
Mr. Montague questioned who presently maintains the road north of Warner Lane and south of their northerly parcel. Mr. McGarvey stated the Village plows the road for emergency services. It is not the Village’s obligation to do it.
Ms. Regina Mignogna, Wilson Park Drive, stated residents are totally confused about what is a private road. They have never done anything with it as a private road. She
questioned how residents find out what their rights are and what the ramifications are of being on a private road. The Village takes care of plowing and the school buses come by but residents are now involved in discussion and they need information about the history so they can make sensible recommendations. Counsel Shumejda stated residents should look at their deeds, which show they own to the center line of the street. He stated he was not aware of any Homeowners’ Association document. Over the many months of hearings on this application, residents were saying they did not want the road built out to Village specifications.
Dr. Roger London, 185 Wilson Park Drive, stated many residents are upset because of a fire that occurred on Saturday on Cobb Lane. Fire hydrants were not functional and residents were told that those hydrants are private because the street is private. As a result, a meeting has been scheduled for tomorrow at 7:30 p.m. with Village Officials. He stated for that meeting the Village should bring the cost of fixing the drainage, etc. on this private road so the Village can continue to provide emergency access. The residents should know the cost and liability of what the Village is trying to avoid. The infrastructure is dangerous. It makes no sense to build 14 new houses in an area where the infrastructure is not in place and where no Homeowners’ Association is in place. If a few
trees need to go down, that is fine. If the area can be made a public road, that is fine. “Let’s not try to just alleviate liability to the Village and add more traffic and infrastructure problems.”
Mr. McGarvey stated the Village is not trying to force the people on Wilson Park Drive to do improvements to the water and sewer lines. It is a private road and the Village cannot dig up their road without an easement. Before the Village took the road over, they would have to be sure that it is brought up to standards. If the developer were to build the roads to public standards, then they could also be public roads but the public did not want that.
Ms. Francesca Spinner, Wilson Park Drive, stated she did not think the Planning Board will decide whether Wilson Park Drive will be public or private. That needs to be discussed with the Village Trustees. Tonight the Chairman read a long letter and she tried to follow it but there was too much to absorb and she has been following this application for years. It is very confusing. She stated she was disappointed to hear that despite the amazing amount of taxes they pay, they somehow don’t have the same things other Village residents have – decent sewer and water lines. She stated she thought the reason for this meeting tonight was to talk about the preliminary subdivision.
Mr. Tedesco stated the items in the preliminary subdivision approval came out of the FEIS and the Findings. Ms. Spinner stated it would have been nice to have handouts. Chairman Friedlander stated every one of the issues was discussed at the public meetings. There are no new issues. They have all been discussed over a six or nine month period. Tonight the Board is nailing down and clarifying the issues.
Ms. Spinner stated the chairman had said there would be no lights on the road and yet they have lights on their roads. They have lights on their private road. The north end of Wilson Park Drive, which runs out to County House Road, will have no lights. Chairman Friedlander stated that is correct. Ms. Spinner questioned whether there will be fire hydrants. Mr. McGarvey stated there will be several going in.
Ms. Spinner stated by widening and straightening the road, huge amounts of trees would have to be removed and the Planning Board recognized that and they worked to maintain the character of the neighborhood. The fact it is a private road is a technicality. It is a private road in name only. It would be an extreme hardship on the neighborhood to expand the road. Only one house has any front setback. The houses are close to the road. “We ask you to work with us to come up with some solution. There is a lot of traffic that goes through there and we would like the traffic to go slower. We want to preserve the nature of the neighborhood. I am concerned with the placement of the houses, particularly in the north end. We would like the Planning Board to ask the
developers to meet with the neighbors who abut those northern parcels.”
Mr. Tedesco stated when the Planning Board reviews the site plans for the individual lots, they will be looking at the exact location of each house on each lot. Ms. Spinner stated they would like to have discussion about the configuration of five of the lots and they wrote the Planning Board a letter in May expressing that.
Mr. Tedesco stated in reviewing the DEIS and the FEIS, the Planning Board plotted out how the lots would be and the Findings were made based on that. “I don’t think that can easily be reopened now. We took input from the residents as we went through the process many times. The subdivision lines are part of that.”
Mr. Howard Godwin, 20 River Terrace, stated he was concerned about ten driveways coming out to the road and he felt the infrastructure is not suitable to accept this kind of development.
Chairman Friedlander stated the subdivision lines were set when the Board adopted the Findings. The driveways have not been approved and residents will be able to comment about the siting of the houses. Residents are now saying they don’t like the lines that were drawn and they want to reopen the FEIS and Findings and redraw the lines. The subdivision lines were modified to accommodate input from the public.
Mr. Tedesco stated the Board spent over two years and at least one year was spent deciding where the lots would go. The maps were put up for residents to review meeting after meeting. Finally everyone agreed that no plan is perfect; however, this one seemed to be best. It has gone through exhaustive public scrutiny to get to this plan.
Ms. Spinner stated a great deal of effort went into creating the park area but she did not feel as much effort went into the slicing up of the north part. Residents are not asking for
a reduction in the number of units. They are asking for a review of whether there is a better way to do it.
Mr. Tedesco stated Planning Board members walked the property twice trying to decide where the houses on the north end would best be located. They also were trying to preserve the trees and ridgeline.
Mr. Aukland stated the Board asked the applicant to look at the configuration of Lots 5 and 6 to see if there were alternatives. No one could work out a way of better access to those houses without going through hilltop land. This has been the plan for a very long time.
Mr. Montague stated most of the time on the site visits was spent on the northerly property and everyone decided on the ten best locations to site the houses. The lot lines came about as a result of where the houses would be located. This was done with the Board, the consultants and the residents. Ms. Spinner stated there are a lot of people whose houses abut that property who were not at the site walks.
Ms. Veronica DeSantis, Lake Terrace, stated she abuts this property. She has been waiting for when there would be discussion of the lot configurations. Very little time has been given to the northern parcels. She abuts Lot 5, which has two acres which means a large house.
Ms. Mimi Godwin, 20 River Terrace, stated she also abuts this property and at no time has the applicant met with her. “We felt the park in the southern section had a lot of care but then everything else was pushed to the north end. We are only asking for time to see if there is another way.”
Mr. William Cerbone, 27 Miller Avenue, stated he was concerned about the Homeowners’ Association and the financial ability of the HOA to carry out what the Board was proposing. Mr. Sheer stated when an HOA is created, it has to be approved by the Attorney General’s Office and that includes the presentation of a budget and includes all the items for which the HOA will be responsible. If they will be responsible for maintenance and repair of Wilson Park Drive that has to be disclosed to the potential buyers and included in a financial budget. Mr. Cerbone stated the dollar amount needs to be identified.
Upon inquiry from a resident, Mr. McGarvey stated the maintenance of the fire hydrants will be the responsibility of the HOA.
Mr. Michael Farley, Neperan Road, stated there was talk about the ponds but he did not think anyone knows for sure what the developer will be doing to mitigate any of the environmental issues. He stated he felt residents thought they would still be able to provide input. Chairman Friedlander stated when the site plans come in they will be
subject to public hearing and residents will have input on the siting of the houses. “When people say they are being unfairly treated, I am saying we have bent over backwards to do a good job here. I have not cut people off and I have let people say all they want.”
Mr. Tedesco stated he is very sensitive to environmental issues and in the Findings there is a requirement about the Dvirka & Bartilucci report and the study of Dr. Mankiewicz being incorporated and that will be emphasized more in the site plan approvals.
No one further appeared to address the Board.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the public hearing on the preliminary subdivision plan be closed.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the draft preliminary subdivision plan dated August 10, 2007, revised November 15, 2007, for Legends at Wilson Park based on the following conditions: (Final revisions will be presented at the January 28, 2008, meeting for approval by the Planning Board.)
Draft Conditions of Preliminary Subdivision Approval
General Information
§ The applicant has indicated that the project surveyor is preparing a list of the owners of record for all adjacent properties and that they will be included on the subdivision plat.
§ The applicant indicates that no sidewalks, street lights, street trees, or curbs are being proposed with this project. Therefore, plans and cross sections showing the location and type of these features are not provided.
Zoning
§ The applicant has added a zoning compliance table to the subdivision plat, as requested. This table must be corrected to reflect the Village’s current floor area ratio (FAR) provisions, which were recently amended. Specifically, the allowable square footage shown for two of the lots must be corrected: the maximum allowable square footage for Lot 3, which is located in an R-60 zone, is 8,700 sf; the maximum allowable square footage for Lot 5, which is located in an R-80 zone, is 11,600 sf.
Easements
§ The applicant has indicated that the proposed 10-foot wide easement along the southern side of Lot 14 that will allow for a trail connection to Sleepy Hollow High School has been provided on the plan. However, this easement is not shown on the plan. The plan must be revised to show this easement.
§ The applicant has indicated that the width of the proposed trail easement along the northern site boundary to the extreme western corner of the property is indicated on the subdivision plat. However, the width of this easement is not shown on the plan. The plan must be revised to indicate the width of this easement.
§ The proposed drainage easements appear to be shown on the utility plans that accompany the subdivision plan. The accuracy and adequacy of these easements must be verified by the Village Engineer.
Dedication of Land to the Village
§ All parcels of land proposed to be dedicated to the Village of Tarrytown and the conditions of dedication must be indicated on the subdivision plat. While the parcels of land to be dedicated have been added to the plat, the conditions of dedication are not provided and must be added, as follows:
- Approximately 3.9 acres of open space in the northwestern portion of the site, subject to a drainage easement
- The entire portion of the project site east of the hiking trail, subject to easements for detention basins
- An approximately 1/3 acre piece of property abutting the trail for use as a parking area for the park
§ The applicant must provide design and specifications for road improvements as required by the Village Engineer. This is for the road from Warner Lane to the intersection of Beech Lane and Wilson Park Drive and is to include the full width of the road. This includes the conveyance of an easement or fee, upon recommendation of the Planning Board, by the developer to the Village for his portion of the road and the conveyance of an easement or fee, upon recommendation of the Planning Board, to the Village by the property owners to the west for their portion of the road. These improvements must be approved by the Village Engineer and the Planning
Board. The entire cost for these improvements is to be borne by the applicant.
§ A note must be added to the plan indicating that unsafe and unkempt vegetation on lands to be dedicated and/or sold to the Village must be removed or pruned in accordance with the recommendations of the Village’s Landscape Consultant prior to conveyance of such property to the Village. This includes ensuring that trail easements are safely passable and clear of debris.
Sale of Land to the Village
§ The subdivision plat must indicate that the Village will acquire 11.38 acres of land located on the southwestern parcel for public parkland.
§ The note indicating the Village’s option to purchase additional lots should be corrected to state that the Village has the option to purchase either Lots 1 and 2, or Lots 3 and/or 4.
Utilities/Drainage
§ The stormwater management/drainage plan for the site must be approved by the Village Engineer and must be included in the project’s Stormwater Pollution Prevention Plan as required by NYSDEC Phase II Stormwater Regulations.
§ The subdivision plat must include a note indicating that upkeep and long term landscape mitigation measures associated with the Sediment and Erosion Control Plan for the project will be the responsibility of the Homeowners’ Association (HOA) and must be inspected by the HOA after every run-off producing rainfall. Details regarding the transfer of responsibilities for maintenance and upkeep of site improvements and mitigation measures from the applicant to the HOA must be provided by the applicant as part of subdivision approval. The applicant has indicated that these details will be provided in the Stormwater Pollution Prevention Plan. These
details must be approved by the Village Attorney.
§ The applicant has indicated that the following previously requested items have been added to the subdivision plat. The accuracy and adequacy of the applicant’s response to these items must be verified by the Village Engineer.
- The applicant will excavate the water quality basin to the south of Parcel 3 and install an outlet control device to improve the treatment of runoff in this location.
- The applicant will install an outlet control device to enhance the performance of the water quality basin located at the northeast corner of Parcel 3, which treats runoff from the existing Warner Lane neighborhood.
- All runoff generated by new impervious surface areas will be infiltrated on each residential lot in an underground filtration structure.
§ The note on the plan regarding drainage improvements to the soccer field must indicate that these improvements will be carried out concurrent with the infrastructure and drainage work for the project and must be substantially complete within six months of the initiation of construction of the first phase of the project.
§ The applicant must comply with all comments provided by Michael McGarvey, Village Engineer.
Landscaping
§ Prior to final subdivision plat approval the applicant must coordinate with Con Edison and other utility companies to ensure that they review the plans and sign-off on the location of utility lines. If trees designated to be preserved are damaged or removed as a result of utility lines, they must be replaced by the applicant in consultation with the Village’s Landscape Consultant.
§ The applicant must comply with all comments provided by the Village’s Landscape Consultant, Stephen Yarabek, as outlined in his memo dated October 17, 2007.
Miscellaneous
§ The subdivision plat must indicate appropriate curbing or landscaping, per the Village Engineer, to be provided along the southwestern edge of the site along Wilson Park Drive to prevent vehicles from driving into the park.
§ On the preliminary plat a ridge line is shown on both sides of the ridge, but not on the ridge line itself. The applicant indicates that the ridge line is shown on the plans per the Village mapping and that there is no demarcation of the ridge line itself.
Additionally
Subject to all further requirements of the Village Engineer and Village Landscape Consultant.
These conditions are in conformity with the Findings and the FEIS and provide a clarification or amplification of the requirements in the FEIS and the Findings of those issues.
PRELIMINARY PRESENTATION – HISTORIC HUDSON VALLEY (SUNNYSIDE) – 3 WEST SUNNYSIDE LANE
Mr. James Easton of Stantech stated his firm has been hired by Historic Hudson Valley as a consultant to solve drainage problems on 3 West Sunnyside Lane. They have been having numerous drainage problems and erosion. Storm water comes down West Sunnyside Lane and goes underneath West Sunnyside Lane through a box culvert on the historic Sunnyside property. The water goes under the existing concrete slab and through a stone wall and bypasses the pond and goes toward the Hudson River. His firm has engineered solutions. To eliminate the flooding condition, the project will re-establish Sunnyside Brook to its original course, flowing directly to the on-site pond. Both existing bridges will be replaced with new, larger culverts. The existing spillway on the dam will be reconstructed and
enlarged, and four new structures will be built to limit pond water elevation during periods of heavy rainfall, and to convey the water to a point in the existing stream that is downstream from the driveway. There will also be landscaping improvements to the property.
A representative from Hudson Historic Valley stated they are trying to control the runoff and preserve the historic drive. They would like to restore the road but they need to
protect it. They are trying to bring the site back closer to how it looked when Washington Irving was there. Rerouting back into the pond will bring it back into the period interpretation.
Mr. Tedesco noted the New York State Office of Parks, Recreation and Historic Preservation has declared its Intent to be Lead Agency on this project. Tarrytown and Irvington are involved agencies. He questioned what is required of the Planning Board.
Mr. Easton stated under Chapter 302 of the Village Code, Wetlands and Watercourses, Planning Board approval is required.
Mr. McGarvey questioned whether any wetlands will be lost. Mr. Easton stated they lose about 1/10 of an acre. Mr. McGarvey stated that needs to be replaced at 1-1/2 times. Mr. Easton stated that was not taken into consideration with the plans submitted. He suggested Mr. McGarvey look at what the Army Corps of Engineers is calling a wetlands.
Mr. Yarabek stated they should determine whether the Mediterranean pond should be dredged. He noted landscaping plans will need to be submitted.
Mr. Aukland questioned whether they have considered wildlife. The Historic Hudson Valley representative stated there are no endangered species on the property. Mr. Aukland stated the Village’s Environmental Council Chair should review the submissions.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to set a public hearing on the site plan for Historic Hudson Valley’s Sunnyside property for the Board’s January 28, 2008, meeting.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to set an escrow account in the amount of $2,500 on this project.
Mr. Aukland stated for the public hearing he would like to see the mitigation for wetlands disturbance; the plans should be sent to the Environmental Council Chair for review; and the Village’s Landscape Consultant will need to receive landscaping plans.
JARDIM ESTATES
Ms. Linda Viertel, Gracemere, reviewed with the Board the Timeline for work to be done at Jardim Estates. She noted many of the deadlines have passed. She requested a cease and desist order on the project be issued.
Mr. Yarabek stated on several items, the developer has said planting of particular species would be better suited for the spring and he has concurred with that. Some issues are still
pending resolution with the Croton Aqueduct. There also need to be decisions on the mailboxes. He stated the developer disagrees with the work for the brick wall at the Jacob House.
Chairman Friedlander stated he can understand issues where spring planting is involved but in the case of a wall being built, the Board required it so it must be built. “I agree there has not been sufficient progress.”
Mr. Tedesco suggested Ms. Viertel meet with Mr. Yarabek and make a list of the things that haven’t been done that can be done and then the cease and desist goes into effect for those items and then a new list should be put together for the spring.
Mr. Aukland stated traffic calming, road signs, and cut-throughs still need to be addressed and anything that does not have a date on it should get a date put on it.
WILSON PARK
Ms. Karen Brown, River Terrace, questioned what happens if the lots in Wilson Park are sold off one by one. Counsel Shumejda stated there has to be a filing with the Attorney General’s Office and the northern portion of the road will be built before any building permits are issued. The infrastructure must be done before building permits are issued.
There will also be a performance bond.
MEETING ADJOURNED 9:55 p.m.
Kathleen D’Eufemia
Secretary
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