Planning Board
Village of Tarrytown
Regular Meeting
January 28, 2008 7 p.m.
PRESENT: *Chairman Friedlander (late); Members Tedesco, Aukland, Raiselis
**D’Avolio (late); Counsel Shumejda; Planner Geneslaw; Building
Inspector/Engineer McGarvey; Landscape Architect Yarabek;
Secretary D’Eufemia
Mr. Tedesco chaired the meeting.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY – JARDIM ESTATES EAST
Mr. Tedesco reported that the applicant is preparing the D.E.I.S. for this application so the matter is adjourned tonight.
PUBLIC HEARING – HISTORIC HUDSON VALLEY (SUNNYSIDE) – 3 WEST SUNNYSIDE LANE
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, January 28, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Historic Hudson Valley (Sunnyside)
3 West Sunnyside Lane
Irvington, New York 10533
To consider the application for site development plan approval for removal of existing stone retaining wall; installation of two granite veneer conspan arch bridges across gravel drive; installation of emergency overflow structure with ditch improvements; new stone retaining wall; rehabilitation of existing sluiceway for flood control.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 28, Parcel 29 and is located in the HC (Historic Commons District) 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. Tedesco read the following memo dated January 24, 2008, from Stephen Yarabek, the Village’s Consulting Landscape Architect to James Easton from Stantech Consulting:
“Per our conversation yesterday the following landscape/environmental features are or will be addressed in your final construction document submittal to the Village of Tarrytown. It is understood that you are waiting for the Village of Irvington’s comments prior to submitting the final construction documents for a building permit.
I. Tree preservation
1. No site disturbance (cut or fill) shall be performed within the canopy of mature trees, 6” dbh or greater.
2. Only two, minor, less than 6” dbh Norway Maples will be removed to accommodate the project.
II. Stream Restoration
1. All stream beds and retention areas shall be armored with ‘Native’ stream gravel, stones and boulders under the direction of your Landscape Architect. The completed watercourse shall have a natural appearance sympathetic to the original 19th century Irving landscape.
2. The watercourse shall be gently sloped with occasional ‘falls’ under the direction of your Landscape Architect.
3. The edges of the stream armoring shall be mixed with soil and planted with native sedges.
4. The upper slopes shall be planted with native shrubs that were available during Washington Irving’s ownership such as: Red Osier Dogwood, Summersweet and Spicebush.
III. Wetland Mitigation
1. In order to mitigate the proposed wetland disturbance your Wetland Ecologist will specify a NYSDEC Estuarine Program certified method for the removal of invasive exotics within the existing wetland at the southwest corner of the property.”
Mr. Tedesco reported receipt of an E-Mail dated January 16, 2008, from Dr. Carole Griffiths, Chair of the Environmental Advisory Council, stating she had reviewed the report from Dru Associates and felt it was fine and the use of beetle to control purple loofestrife seems appropriate.
Mr. James Easton from Stantech Consulting stated they were hired by Historic Hudson Valley to look into the historic property at 3 West Sunnyside Lane in regard to erosion. Currently Sunnyside brook as it flows down goes under a concrete structure. Then it heads west parallel to the little Mediterranean pond and then it turns right and heads to the marsh before it discharges into the Hudson River. Sunnyside brook erodes out the road approximately every three years. Stantech was hired to come up with a plan to manage the storm water runoff so the historic elements can be maintained in the future.
*Chairman Friedlander arrived.
Mr. Easton stated they will be sending the storm water into the little Mediterranean pond. They can then control it and release it out. By doing that they have to raise some of the profile of the existing road about 1 ft. to make sure the storm water is more manageable and doesn’t damage the historic road. The conspan arch bridges would be of dry stone appearance about 4 ft. high and 12 ft. wide. Historic Hudson Valley wants to update some things on the site – e.g. gutters on the side of the road, the road itself, the historical staircase, which needs to be replaced, pedestrian bridge which was washed away.
Mr. Peter Yudkoff from Historic Hudson Valley stated the brook going into the little Mediterranean pond is not a new feature. It is restoring an old feature to the site. They are trying to bring the landscaping back to its historic roots.
Upon inquiry from Mr. Aukland, Mr. Easton stated they are designing for a 25-year storm event.
Upon inquiry from Ms. Raiselis, Mr. Easton stated the reason for the increased water volume is because the existing channel dates back to about 1910.
Ms. Raiselis questioned whether the bridges would be in character with the historic nature of the property. Mr. Easton stated they would and submitted a photograph of the proposed finish for the bridges.
Upon inquiry from Mr. Aukland, Mr. Easton stated they have addressed all the issues raised in Mr. Yarabek’s memo except the last comment. Mr. Yarabek stated in regard to wetland mitigation they are proposing to restore the stream beds, which is acceptable in conjunction with the beetle. The restored stream beds will be more than the amount required to meet Village code.
Mr. Easton stated in regard to SEQRA he had been under the impression that the NYS Office of Parks, Recreation and Historic Preservation would be the lead agency. They have, however, backed off that position. They feel a SEQRA determination is needed from the two Villages (Tarrytown and Irvington) and the NYSOPRHP. Mr. Easton submitted a letter from Stacey Matson-Zuvic of the NYSOPRHP stating they have determined the proposed action will have no adverse impact on cultural or historic properties eligible for or listed in the State or National Registers of Historic Places. Historic Hudson Valley has made a preliminary presentation to Irvington and their documents are being reviewed by Irvington’s wetlands representative.
**Ms. D’Avolio arrived.
Mr. Geneslaw made the following observations in regard to the long Environmental Assessment Form that was submitted:
Part I, Section A, #19, “Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL and 6 NYCRR 617?” No was checked to this question; however the County has designated the river and shoreline as a Critical Environmental Area. That response needs to be changed.
Part I, Section B, #25, listed Village Planning Board approval as necessary and the type was listed as Landscape Advisory Committee. That should be amended to Site Plan Approval.
On the cover page, the negative declaration was checked but it is not the applicant that makes that determination so that check needs to be eliminated.
Mr. Easton stated they would make those revisions.
Mr. Tedesco questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Tedesco moved, seconded by Mr. Aukland, that the Planning Board declares themselves a Lead Agency on this application. Ms. D’Avolio abstained. All others assented. Motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, that the hearing be closed. Ms. D’Avolio abstained. All others assented. Motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, that the Planning Board determines there will be no significant adverse environmental impacts as a result of the proposals. Ms. D’Avolio abstained. All others assented. Motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, that the Planning Board approves the site plan for Historic Hudson Valley (Sunnyside), 3 West Sunnyside Lane, subject to:
1. Approval by the Village Engineer with regard to storm water drainage and the mitigation proposed for the disturbance of approximately 1/10 acre of wetlands. This mitigation will consist of the following: restoration of the stream beds to create natural streams and introduction of the Galerucella beetle which would consume only the Purple Loofestrife plant in the wetlands further improving wetland function.
2. Approval by the Village Landscape Consultant of the landscaping plan, which is to include compliance with all landscaping requests made in his memo January 24, 2008. It is to be noted that plants added in Tarrytown should be native plants or non-invasive ornamentals. Any deviation from this must be approved by the Village Landscape Consultant.
3. Payment of any outstanding escrow fees.
4. Signing of the site plan by the Planning Board Chair.
The Board was polled. Ms. D’Avolio abstained. All others assented. Motion carried.
REFERRAL FROM THE BOARD OF TRUSTEES – COMPATIBLE USE PERMIT REQUEST BY EF INTERNATIONAL LANGUAGE SCHOOLS (MARYMOUNT/FORDHAM PROPERTY)
Mr. Tedesco stated EF Education First is an international language school and they are in the process of finalizing a contract with Fordham to purchase the Marymount/Fordham campus. They are not new to this campus. They have been leasing a couple of buildings for about 15 years. They are requesting a Compatible Use Permit similar to what Marymount and Fordham had on the property. They are seeking a recommendation from the Planning Board to the Board of Trustees that that permit be granted. If it is granted by the Board of Trustees, they will be back to the Planning Board to subdivide houses on the property that are now occupied by nuns. If the subdivision is granted by the Planning Board, the lots would be non-conforming in size under the current zoning and a variance would be needed
from the Zoning Board of Appeals. EF plans to submit subdivision plans to the Planning Board before the Board’s next work session. They would make a preliminary presentation at the Board’s February meeting and a public hearing on the subdivision could be scheduled in March.
Mr. John Kirkpatrick, attorney for EF Education First stated tonight they are only asking that the Planning Board recommend to the Board of Trustees that a Compatible Use Permit be issued to EF. He stated EF Education is the world’s largest private education company comprised of fourteen different subsidiaries. It has institutions in 51 countries and has eleven facilities in the United States. EF has over 26,000 employees, teachers and volunteers. At the Tarrytown campus they have concentrated on English language instruction for foreign students. The programs, which may be added will come from advanced English language instruction for those going into business in other countries. They also operate the HULT International Business School, which is an accelerated one
–year MBA for adults and professionals and those programs may be brought to this school. Since this is a for-profit organization, the property will be brought onto the tax rolls. There will be fewer students than when Marymount was at capacity and there will be fewer cars. The faculty would have cars but very few students would have cars. EF will run a shuttle bus into town and to the train station for the students. EF plans to renovate the buildings and the grounds. “This is a wonderful thing for EF and a home run for Tarrytown and Westchester County.”
Mr. Tedesco noted the Board met with EF representatives at their work session and the Board brought up the fact that the Board of Trustees is considering historic designation for three of the buildings on the campus and the representatives stated they would support the designation. Ms. Raiselis had asked whether they would consider an outreach program for the community and they stated they would be willing to review that. Mayor Fixell has stated Dvirka & Bartilucci and Dr. Mankiewicz will be asked to review storm water drainage. Those results will be shared with the EF consultants and the Village Engineer and an escrow account could be set up for drainage improvements. EF has said there will be fulltime security on the campus and they will work with the Police Department. EF will operate a
shuttle bus to Main Street and the train station.
Upon inquiries from Dr. Friedlander, Mr. Dan Curran of EF stated classes conform to a normal academic schedule except in the summer when they operate six-week programs. It is likely they will fully utilize the campus – fields, recreational buildings, library, etc. They will be submitting a renovation schedule to the Village. Early renovations would include painting, carpeting, etc. and structural renovations would probably begin in the fall.
Dr. Friedlander questioned who would own the subdivided houses. Mr. Kirkpatrick stated Fordham made a promise to the sisters and the custodian that they would have life stakes. For now, Fordham will retain ownership. Dr. Friedlander asked if the occupants of those houses cease their occupancy could Fordham sell those as single-family houses. Counsel Shumejda stated Fordham could sell them.
Counsel Shumjeda stated Mr. Kirkpatrick advised him tonight that EF at the moment is not a contract vendee for the property. Mr. Kirkpatrick stated that is correct; they have a signed acceptance offer. Counsel Shumejda stated if the Planning Board recommends to the Board of Trustees that a Compatible Use Permit be granted, it should be only if EF is a contract vendee and the Board of Trustees should be provided with a copy of the contract.
Mr. McGarvey questioned how many students have cars. Mr. Gary Julian of EF stated currently about 3%. He stated Marymount at its peak had about 1,600 students. They are anticipating 1,000 students.
Mr. McGarvey questioned whether EF would consider not allowing students to park on the surrounding streets because it has been a problem for residents. Mr. Julian stated there would probably be no problem with that except if they offer an outreach program when people coming to the campus might be inclined to park on the street. He noted they have 330 parking spaces available in lots. Mr. Julian noted Fordham currently operates graduate programs in the evenings but they don’t have any intention to have evening classes. The only evening programs would be outreach programs.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board recommends to the Board of Trustees the granting of a Compatible Use Permit to the EF Education First International School. This recommendation of the Planning Board is conditioned on the following:
1. When the application for the Compatible Use Permit goes before the Board of Trustees, EF must be the contract vendee and a copy of this contract is to be provided to the Village.
2. EF agreeing to the historic designation of three buildings on the campus (Butler Hall, Gerard and the Science Building), which are being reviewed by the Village.
3. EF agreeing to restoration of the landscaping on the campus.
4. EF agreeing there will be few cars operated by students.
5. EF agreeing there will be fewer students on the campus than when Marymount operated.
6. EF agreeing to review drainage improvements on the site.
7. EF agreeing to renovation of the buildings on the campus.
8. EF agreeing to no present plans for new buildings on the campus.
9. EF agreeing to operate a shuttle bus to the downtown and railroad station for students.
10. EF agreeing to have security officers on the campus fulltime and the security will have a liaison with the police department.
11. A mechanism being established (e.g., a citizens review committee) to periodically review issues (particularly traffic, parking, security, environmental.)
APPROVAL OF MINUTES
Mr. Aukland moved, seconded by Ms. D’Avolio, that the minutes of November 26, 2007, be approved as submitted. Ms. Raiselis abstained. All others assented. Motion carried.
Mr. Aukland moved, seconded by Ms. D’Avolio that the minutes of December 12, 2007, be approved as submitted. Ms. Raiselis abstained. All others assented. Motion carried.
JARDIM ESTATES
Mr. Tedesco stated at the Board’s last work session it was agreed a letter should go to the Jardim Estates representatives listing the items required in the findings and those they volunteered.
Counsel Shumejda stated he had a discussion with Mr. Yarabek about the punch list today and he (Counsel Shumejda) will generate the letter for the Board. The Village can require the developer to sign off on each item on the list or discuss those items they have issues with prior to their moving forward with Lot 10. There are a number of items in the punch list that have submission dates in February. The Village needs their input as to the status of those plans to be submitted.
Mr. Aukland noted there are a number of items that require input from residents (e.g., street signs, traffic calming methods.) Dr. Friedlander stated those should be reviewed with residents; however, residents should not have the final authority about what is done. If there is dispute, the Planning Board should make the decision.
TRUST FOR PUBLIC LAND
Dr. Friedlander stated there has been discussion among the Trust for Public Land, the State, the County, the Town of Greenburgh and the Village about purchasing the property owned by Esposito Builders to create an extension to Taxter Ridge Park. There is a shortage of funds for purchasing the entire tract and several ways of securing additional funds are being explored.
MEETING RE SUPER STOP AND SHOP IN GREENBURGH
Dr. Friedlander stated there will be a courtesy meeting tomorrow at 2 p.m. in the Town of Greenburgh with Robert Martin Company representatives about the possibility of building a Super Stop and Shop in Greenburgh on Route 119 next to the Sheraton Hotel. The proposal would require a special permit, which will require an appropriate examination that shows the benefit to the community.
ADJOURNMENT
Mr. Aukland moved, seconded by Ms. Raiselis, and unanimously carried, that the meeting be adjourned – 8:45 p.m.
Kathleen D’Eufemia
Secretary
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