Planning Board
Village of Tarrytown
Regular Meeting
February 25, 2008 7 p.m.
PRESENT: Chairman Friedlander; Members Raiselis, Aukland, Tedesco, D’Avolio;
Counsel Shumejda; Building Inspector/Engineer McGarvey; Landscape
Architect Yarabek; Secretary D’Eufemia
PRELIMINARY PRESENTATION – LEGGIO – 38 MAIN STREET
Mr. Dean Sterino appeared on behalf of Mr. Leggio who is out of town. Mr. Sterino stated the application is to turn the storefront at 38 Main Street into a store selling hot dogs.
Mr. Tedesco stated after the Board’s work session they requested a new drawing be submitted showing elimination of tables and moving the counter back to allow more room for customers in the front. That drawing has been submitted. He questioned whether fire safety regulations have been reviewed. Mr. McGarvey stated this will not need sprinklers. They have a front and rear exit. There will be smoke alarms installed.
Mr. Tedesco questioned how many staff members they anticipate. Mr. Sterino stated there may be 3 or 4 employees.
Mr. Tedesco questioned whether this use will require a variance for parking. Mr. McGarvey stated it will not.
Mr. Tedesco questioned what will be served in addition to hot dogs. Mr. Sterino stated for now they are only planning hot dogs, beverages and chips. They may expand to soup in the winter.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board declares its intent to be lead agency on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board establishes an escrow account in the amount of $2,500 on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board sets a public hearing on this application for March 24, 2008.
PRELIMINARY PRESENTATION – ENDRENY – 51 MAIN STREET
Mr. Ray Endreny stated he submitted a written explanation of the project as part of his application. Basically, he is converting former dry cleaning space into a fine art gallery. He stated he has lived in Sleepy Hollow for nine years and wants to maintain the historic nature of Tarrytown’s downtown. There is an opportunity for more art in the community.
He stated he has been looking for a location and was happy to find this space. It will not increase traffic and he will have one employee.
Mr. Tedesco questioned whether this use will require a variance for parking. Mr. McGarvey stated it will not.
Ms. Raiselis questioned whether Mr. Endreny plans to do any business on the web. Mr. Endreny stated he will have a web site but that will mainly be as a research tool. People can then see other works, which are available. “I would be surprised if I got a lot of business off the internet. I am anticipating this would be foot traffic.”
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board declares its intent to be lead agency on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board establishes an escrow account in the amount of $2,500 on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board sets a public hearing on this application for March 24, 2008.
JARDIM ESTATES
Chairman Friedlander reported that at the Board’s work session they asked Mr. McGarvey to prepare an estimate to relocate the parking lot at Jardim Estates. They proposed moving the lot to the western portion against the wall and expand it to 16 spaces.
Mr. Aukland questioned whether any materials from the existing lot can be salvaged. Mr. McGarvey stated he did not take that into consideration in his cost estimate; however, if the stones come out easily, they may be able to be used.
Mr. Aukland stated he did not believe the Village should assume the cost of relocating the mailboxes since the Planning Board did not approve their current location. Mr. McGarvey stated he believed the mailboxes were shown in their current location on the signed plot plan, but he would check that.
Discussion followed on the size for the relocated parking lot. Chairman Friedlander questioned whether there are parking plans for Taxter Ridge Park. Mr. Yarabek stated there are – 8 spaces off Sheldon Avenue; 12 spaces off Taxter Ridge Road; 5 on-street spaces on Town Street.
Board members stated 12 spaces would probably be sufficient for the relocated parking lot at Jardim Estates.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board recommends to the Board of Trustees the construction of a layout for a 12-car parking lot at Jardim Estates at a cost not to exceed $20,000.
REVIEW – WILSON PARK
Mr. Norman Sheer, attorney for the applicant, stated after the last work session the Planning Board requested he make a few amendments to the draft preliminary subdivision approval resolution, which he has done. “We are hoping to get our preliminary subdivision approval resolution finalized tonight.”
Mr. McGarvey stated at the last meeting he asked for a number of submissions regarding the water pressure results. Mr. Sheer stated they have been done. There is adequate pressure but inadequate flow. To the pump house there is adequate flow. From that point the main runs up County House Road and turns into Wilson Park. The line is constricted and there is inadequate flow. The developer intends to put in new water lines from County House Road to the north parcel and complete the loop for Lots 3 and 4 and take Lots 1 and 2 off Wilson Park Drive.
Mr. McGarvey questioned, “Do you have a problem with the pressure up there and fire flow?” Mr. Ryan Coyne of Kellard Consulting stated the pressure is fine but there is a problem with the flow.
Mr. Sheer stated the houses on Warner Lane and all the streets that come off it and Wilson Park Drive and Cobb Lane don’t have adequate water pressure. This project may not start for 1 to 1-1/2 years. The responsibility of bringing the water to the site is for the Village. The developer should not be expected to provide the water pressure for the people who already live there.
Mr. McGarvey stated this is due diligence that should have been done long before this. Every subdivision requires fire flow. Mr. Sheer stated the question is who is responsible to bring adequate water flow to the area. It is the job of the Village. It is his client’s responsibility to be sure there is adequate water flow within their project’s boundaries.
Mr. McGarvey stated the Village is addressing the water flow in the area; however, until that is done, he would recommend the Planning Board not approve the subdivision because a bad situation is being increased. Mr. McGarvey stated the developer might want to work with the Village to get this work done sooner. Mr. Sheer stated whether there is a way for the two parties to complete the project to get adequate water pressure to the area is an issue. There is time before final subdivision approval will be sought. It is now time for preliminary subdivision approval and the flow can be a condition of that approval.
Mr. McGarvey questioned what Mr. Sheer meant by the two parties working together. Mr. Sheer stated it is a consideration. Mr. McGarvey stated the developer has a respected engineering firm. “You know what has to be done and we are saying help us help you.”
Mr. McGarvey questioned when these tests were done. Mr. Sheer stated Tuesday of last week.
Mr. Sheer stated this is a question of basic fire flow and he did not understand why this hasn’t gone to the top of the Village’s agenda. Mr. McGarvey stated the Village is addressing the issue. Mr. Sheer stated if it is being addressed, then they should be able to move forward because their portion is being replaced.
Mr. Sheer stated they are going to replace the mains not only inside their project but in Wilson Park Drive so they are fulfilling their obligation. It is the obligation of the Village to get the water from the pump house to the intersection of County House Road and Wilson Park Drive.
Counsel Shumejda stated even if the developer puts the 8-inch lines in front of their homes, it doesn’t answer the question. At this time they can’t provide adequate flow for fire protection so why should the Planning Board give the preliminary subdivision approval. They are requesting to add more homes. Mr. Sheer stated there are currently about twenty homes that don’t have adequate fire flow. “My client’s project has to get underway and someone has to get the water up to Wilson Park Drive. By not permitting this project to go forward, you are delaying the issue of fire safety in the area.”
Counsel Shumejda stated the applicant is asking the Board to give preliminary subdivision approval; however, that should be premised on their ability to show there is adequate water. They can replace the main in order to show that. It is in the applicant’s best interest to replace that main so the Planning Board can move ahead.
Mr. Sheer stated it is in the Village’s best interest to make sure its residents are adequately protected. He stated the Board is asking his client to make a municipal improvement that is the Village’s responsibility to make. “If you want to say we cannot get a building permit until there is adequate water flow, that is fine.”
Mr. McGarvey stated once the subdivision is done he has to submit it to the Department of Health saying there is adequate water and sewer for this subdivision – and he must sign that as a professional engineer. Mr. Sheer stated Mr. McGarvey has to say the developer says it will be adequate. He stated if the Village says it will complete the leg from Neperan Road to Wilson Park Drive and the developer says they will take care of Wilson Park Drive, then it is done.
Counsel Shumejda stated if the applicant wants the approval now, they should prove there is adequate flow now. Mr. Sheer stated it is not his client’s responsibility to do a
municipal obligation for existing homes. His client has to take it from the edge of their property and to improve the water to Wilson Park Drive and the streets off it.
Chairman Friedlander stated the existing houses in this area are being protected adequately with a mutual assistance pact. Without making any improvements, those pacts would save the homes from fire damage, but the Village would not want to extend those pacts to additional homes. The developer needs to get in place adequate water flow for his property.
Mr. Sheer stated the Planning Board is holding up preliminary subdivision approval for a municipal improvement at his client’s expense when that is clearly the responsibility of the Village of Tarrytown. The Planning Board has no right to hold this subdivision up and make the developer pay for something that is the Village’s responsibility. They have made many concessions in the course of this application but “now you are trying to extract a public improvement which is the Village’s responsibility.”
Mr. Aukland questioned whether there is a timeframe for this work to be done. Mr. McGarvey stated the Village hopes to have a plan within the next month. Then they have to go out to bid and get approval from the Westchester County Department of Health. They have moving as expeditiously as possible.
Chairman Friedlander questioned why the preliminary approval is so important when it will take another four to six months to get to the final approval. Mr. Sheer stated the preliminary approval says they are going to get the approval – the Planning Board can add conditions.
Chairman Friedlander noted the Planning Board went through the amended draft approval, which Mr. Sheer had submitted, and the Board feels the changes are acceptable.
Ms. Veronica DeSantis, 40 Lake Terrace, stated she would like to see more finalization for the work on the water pressure before this moves forward.
Ms. Angela Schneider, 16 Fairview Avenue, stated at the January work session two major issues were addressed – water pressure and drainage going to Wilson Park Drive and Cobb Lane. Mr. McGarvey requested a study be done. There has been no mention of the drainage study this evening. “Mr. McGarvey felt there could be no acceptance of this subdivision unless those were both addressed.” Mr. Sheer stated they were asked to conduct a drainage study and it is in the resolution that they will conduct that study.
Mr. William Cerbone, 27 Miller Avenue, questioned the level of liability if the Planning Board does what the developer is proposing and the Village doesn’t do what is required. Mr. Sheer replied, “That is why I am suggesting it be a condition of preliminary approval. We realize it is a necessity.” Counsel Shumejda stated the Village is going to undertake this work and a lot of the work has been done. It won’t be delayed for any period of time.
Mr. Sheer stated there should then be no problem approving this with the appropriate conditions. This has to be done and it has to be done expeditiously. “I think it will be done before we begin. We recognize the necessity of the condition.”
Chairman Friedlander stated the Village needs simultaneous help from the developer – they need a pipe that runs through the developer’s property to Wilson Park Drive. Mr. Sheer stated the Village needs an easement to come through the northern parcel and that is not a problem. There needs to be coordination between the Village and the Wilson Park developer.
Chairman Friedlander stated the developer should install the 8-inch pipe to the end of the park because that is where the connection is and those are their houses. The timing should be the same as when the Village does it. That should be the condition of the preliminary subdivision approval and the timing has to be in conjunction with the Village’s work. The 8-inch pipe should go from the intersection of the convent to County House Road. Mr. Sheer stated that is roughly 1,500 feet of additional water line.
Mr. Sheer stated he recognizes the need and the need for the developer to make a contribution. The Planning Board should put a condition that both parties recognize there is a need for greater flow and the details will be worked out prior to the signing of the map. Chairman Friedlander stated a pipe has to be done and it has to be done for the entire property.
MEETING RECESSED
The Board recessed to review the subdivision plan.
MEETING RECONVENED
Chairman Friedlander stated the Village has adequate fire protection for its residents. Mr. McGarvey has indicated there is a mutual assistance plan in place. An 8-inch pipe is planned. The issue before the Planning Board is the preliminary approval for the subdivision at Wilson Park. The preliminary approval is one step in the process and there would be steps for final approval and steps for site plans for the individual lots. The applicant’s attorney is correct that there will be about four to six months before final subdivision approval. The issue before the Planning Board for the preliminary subdivision approval is the construction of piping when the Village starts its improvements for the adequate fire flow. “After reviewing the maps, I think we have to accept the
applicant’s statement he is not responsible for the entire road and it is correct there is a section from his property to Warner Lane – about 300 feet – which should not be their obligation. They are required to put the piping from County House Road to the southern boundary where the northern portion stops. What should be done about the property along Wilson Park Drive is about 1,000 feet. I originally contended it was necessary for them to do it to that end but we will be piping from Neperan Road up to the
corner of the property. The two houses in front will be served by the Neperan Road pipe. I would like to make the recommendation we split the area by the park with the developer. I would suggest they pay for half. The most important thing is the simultaneously of the project. When the Village starts, they must also start.
Mr. Sheer stated, “You are asking us to share the cost of an improvement that has nothing to do with the houses to be built.”
Counsel Shumejda stated since the applicant is not present tonight, perhaps Mr. Sheer should have an opportunity to review tonight’s proceedings with him and a special meeting could be set.
All agreed to schedule a special meeting for Thursday, March 13, 2008, at 7 p.m.
PRELIMINARY PRESENTATION – METRO PCS NEW YORK, LLC – RE: 1 RIVER PLAZA
Chairman Friedlander reported the Board is in receipt of an application from Metro PCS New York, LLC to construct a co-located rooftop wireless telecommunications facility at 1 River Plaza.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board declares its intent to be lead agency on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board establishes an escrow account in the amount of $2,500 on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board sets a public hearing on this application for March 24, 2008.
CONTINUATION OF PUBLIC HEARING – HSA-UWC – JARDIM ESTATES EAST – DEIS BEING PREPARED
This matter is adjourned while the DEIS is being prepared.
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board approves the minutes of January 28, 2008, as submitted.
MEETING ADJOURNED 9:25 p.m.
Kathleen D’Eufemia
Secretary
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