Planning Board
Village of Tarrytown
Regular Meeting
March 24, 2008 7 p.m.
PRESENT: Chairman Friedlander; Members Raiselis, Tedesco; Counsel Shumejda;
Village Engineer/Building Inspector McGarvey; Secretary D’Eufemia
ABSENT: Members Aukland; D’Avolio
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the minutes of February 25, 2008, be approved as submitted.
REVIEW – WILSON PARK HOME & LAND COMPANY, LLC – PRELIMINARY SUBDIVISION APPROVAL
Chairman Friedlander stated this matter is being adjourned and the Board will attempt to arrange a work session with the applicant.
PUBLIC HEARING – LEGGIO – 38 MAIN STREET
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, March 24, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
David and Stephanie Leggio
80 South Broadway
Tarrytown, New York 10591
To consider an application for site plan approval for property located at 38 Main Street, Tarrytown, New York, to allow for conversion of retail space into a small food establishment.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 10, Block 35, Lot 2, 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. Leggio stated he wants to open a small food establishment, which will primarily sell hot dogs. The store is very small – about 220 sq. ft. There will be no seating. He noted a diagram was submitted to the Board showing the layout. Previously there was a small antiques store at this location.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter. No one appeared.
Upon inquiry from Ms. Raiselis, Mr. Leggio stated they will probably stay open a few nights a week – but only to 8 or 9 p.m. It is intended this business will mostly serve lunch and afternoon customers.
Upon inquiries from Mr. Tedesco, Mr. Leggio stated the only staff will be himself and a family member – there can be no more than two people working in the space. They do not plan any changes to the façade of the building. They will have signage; however, they have not yet submitted anything to the Architectural Review Board.
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 impacts as a result of this proposal.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board approves the conversion of the former antiques store at 38 Main Street to a small food establishment as proposed subject to:
1. Approval by the Building Inspector
2. Approval by the Architectural Review Board for any signage proposed
3. Approval by the Westchester County Department of Health.
PUBLIC HEARING – ENDRENY – 51 MAIN STREET
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, March 24, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Ray Endreny
127 Millard Avenue
Sleepy Hollow, New York 10591
To consider an application for site plan approval for property located at 51 Main Street, Tarrytown, New York, to allow for conversion of a dry cleaners to an art gallery.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 6, Block 17, Lot 54A, 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. Ray Endreny stated, “The existing retail space at 51 Main Street was previously a tailoring shop known as Reali Tailoring. This previous business was in residence at this location since the 1970s. There appear to have been few or no renovations made to the space in the past 30+ years. I propose to convert this space into a modern day, fine art gallery. In desiring to enhance the historic nature of the building on Main Street, only minor improvements will be made to the storefront: new signage, awning, lighting, paint, and a general ‘new’ appearance will be provided. The interior likewise will require fairly minor construction. Once the outdated paneling, floor tiles, lighting fixtures and tailoring equipment are removed, the goal is to create an inviting and
functional space for the viewing, and retailing, of contemporary artworks. Clean, white walls; neutral floors; track lighting – these will be the primary components defining the restored space. Preservation of existing architectural details will also contribute to the overall result – exposed brick walls, tin ceilings, and an interior window feature are unique characteristics already revealed that we plan to incorporate in the final design. The total visual effect will be a meticulously updated retail environment highlighting the historical setting of the surrounding building. The most technically challenging aspect of the redesign will be updating the bathroom facilities. Currently, these would not pass code in their existing configuration. My proposal includes reconfiguring the necessary space to house a toilet and sink comfortably. I hope these plans gain your approval as an improvement to the landscape of retail sites
offered on Main Street in Tarrytown.”
Chairman Friedlander questioned whether anyone wished to address the Board on this matter. No one appeared.
Chairman Friedlander questioned whether there is a security system. Mr. Endreny stated there is not currently; however, he probably will need to have one installed.
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 impacts as a result of this proposal.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board approves the conversion of the former tailoring/dry cleaning business at 51 Main Street to a fine art gallery subject to:
1. Approval of the Building Inspector particularly in regard to updating the bathroom facilities.
2. Approval of the Architectural Review Board for signage and any other exterior work particularly in regard to preserving the historic and architectural details.
PUBLIC HEARING – METRO PCS NEW YORK, LLC – 1 RIVER PLAZA
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, March 24, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Metro PCS New York, LLC
C/o Gregory D. Meese, Esq.
Price, Meese, Shulman & D’Armino, P.C.
50 Tice Boulevard
Woodcliff Lake, NJ 07677
To consider an application for site plan approval for property located at 1 River Plaza, Tarrytown, New York, to allow for construction of a rooftop wireless telecommunications facility.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 2, Parcel P-1, and is located in an M-1 (Multi-Family) 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. Greg Meese, attorney for the applicants, stated Metro PCS is a wireless carrier similar to ATT, Sprint and T-Mobile. They provide similar services. They are a Dallas based company and are in operation in southern Florida and California. They have recently received a New York license and are in the process of constructing sites in the New York metro region including Westchester, New Jersey and Manhattan. They attempt to find locations for their facilities that are existing structures and where possible also an existing telecommunications system. 1 River Plaza is a 90 ft. tall building with two existing carriers. They can cover a substantial portion of the Village with this one facility. The application is straight forward. There are eight panel antennas, which will be
mounted on the roof. There are four sectors of two antennas each. Two are mounted to a penthouse wall and two to the building wall. All are flush mounted. None extend beyond the roof line. The equipment cabinets will be mounted behind a screen wall, which will be in keeping with the existing penthouse screen. There are two small GPS antennas, which help time the site and those will be attached to the screen wall. Everything is being located so as to be as least intrusive to the community. They have submitted photo simulations showing the facility is well camouflaged on the existing building. They submitted a radio frequency compliance report, prepared by an outside third party telecommunications group, which confirms the facility will comply with the FCC limits. The report did not include both of the existing wireless carriers on the roof. It omitted Sprint but it did include ATT. They have an updated report
and that indicates the emissions from all antennas would be 250 times below the FCC limits. In addition to the FCC compliance they have submitted a structural certification, which says the building can support the antennas as well as the equipment.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter.
Ms. Kirtsopoulos, 37 Cottage Place, stated when the first antennas were installed on this building the company used a crane for the installation but on the second installation everything was brought through the building. Mr. Meese stated he was not exactly sure why the installations were done differently; however, some companies use pre-fabricated facilities, which require the use of a crane.
Ms. Kirtsopoulos questioned whether this installation would be facing the river or Cottage Place. Mr. Meese stated the equipment will be located on the river side and it will be surrounded by a screen wall.
Chairman Friedlander questioned whether Metro PCS had looked at other locations. Mr. Meese stated the only other solution involved multiple locations. This building was unique.
Chairman Friedlander questioned if there was a site higher than 90 ft. would that work better. Mr. Greg Sharp representing Metro PCS stated it depends on the layout of the
terrain. He noted they did look at a building on Route 9; however, the owners were not interested in leasing to them.
Chairman Friedlander questioned whether they have a lease for 1 River Plaza. Mr. Meese stated they do and a copy of the lease was provided with their application.
Ms. Raiselis questioned whether Mr. McGarvey was satisfied with the structural certification. Mr. McGarvey stated he was since it is signed and sealed by an engineer.
Mr. Tedesco noted the submission papers included a tower/structure/equipment removal bond form. Mr. Meese stated the Village’s Wireless Telecommunications Services Facilities ordinance requires this submission.
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 impacts as a result of this proposal.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board approves the installation of the rooftop wireless telecommunications facility proposed at 1 River Plaza by Metro PCS New York, LLC subject to:
1. Approval by the Building Inspector/Village Engineer particularly with regard to the adequacy of the weight bearing capacity of the roof for the equipment cabinets which are part of the installation.
2. Antennas are to be painted to match the building.
3. The provision of a screen wall for the equipment cabinets.
4. Submission of a tower/structure/equipment removal bond in an amount to be approved by the Village Attorney.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY (HSA-UWC)_ - JARDIM ESTATES EAST – BROWING LANE - SUBDIVISION
Chairman Friedlander stated this application is adjourned at the request of the applicant, who is preparing the Draft Environmental Impact Statement.
PRELIMINARY PRESENTATION – CRARYVILLE REALTY/STACY BELKIND – 21 MAIN STREET
Ms. Stacy Belkind, owner of the building at 21 Main Street, stated she has an antique shop on the first floor of the building. There are two apartments on the second floor and one on the third floor. Her request is to convert one of the apartments on the second floor to office space. It is a tiny apartment (400 sq. ft.) and her tenant has vacated. A gentleman who is a financial planner approached her seeking to use this space for his office. “I think it would be an asset to have this gentleman in town. It is a quiet type business.”
Chairman Friedlander questioned whether clients would come one at a time. Ms. Belkind stated they would and he actually goes to people’s homes, and she did not believe he operates on weekends.
In regard to parking, Ms. Belkind stated she and her tenants park at the municipal lot or utilize street parking.
Mr. Tedesco stated the Board is very concerned about housing in the Village. While what Ms. Belkind is requesting is a permitted use, it would eliminate a small affordable apartment in the center of the Village.
Ms. Belkind stated the bedroom for this apartment is extremely small. Mr. Tedesco suggested perhaps the living room and bedroom space could be combined making a nice
studio apartment. Ms. Belkind stated most tenants don’t want visitors coming into their bedroom space.
Mr. Tedesco questioned whether there would be signage for this business. Ms. Belkind stated there would. There is an entry leading into the lobby where he could put a sign or there is an attractive way of putting a metal rod with a sign.
Mr. McGarvey stated there is an increased parking requirement for the office. The residential use for that apartment would require 2-1/2 spaces and the office use would require 4 spaces. He noted there is a need for affordable housing in the Village and if this apartment is given up to a business, a precedent is being set.
Ms. Belkind stated on her side of Main Street most of the second floor space is used as offices. She stated it is hard to find good tenants and she takes pride in the building and what she is proposing is a good fit. “I am not asking for anything different from the precedent on my side of the street. I think it will have a positive impact.”
Ms. Raiselis stated, “We want there to be activity in the evening. If all the spaces, which are meant to have apartments, have businesses that leave at 5 p.m., then the mixed use doesn’t happen. I know a lot of young people who are struggling because they can’t find affordable housing.” Ms. Belkind stated it is a hardship to find someone who wants this apartment with that small bedroom.
Chairman Friedlander stated 400 sq. ft. could make a great room and with creativity the whole area could be opened up. Rather than keep it as is, it could be opened up and people can create their own privacy. Ms. Belkind stated she has already put a lot of money into the building and she did not think she wanted to restructure the building. “I don’t know if structurally I could remove the wall.”
Chairman Friedlander stated the Board is concerned about giving up a unit of housing in the heart of the Village and setting a precedent for that. “Maybe you should have someone look at it to see if that wall can be taken down and create a great room and what that would do for the rental you could get for this apartment.” Chairman Friedlander stated another concern is that in the future if this financial planner leaves, someone else could come in and have an office that generates more usage than this office. The Board could not stop that because the office use would have been approved.
Ms. Belkind stated she could pursue this option but felt she is doing her part by having the two additional rental apartments. “I love Tarrytown and Main Street.”
Mr. Tedesco stated, “There are changes taking place in this Village and young people want to be here with a rent they can afford.”
Chairman Friedlander stated the Village should check what exists on Main Street to determine how much office space is above retail and when that was converted.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board declares its Intent to be Lead Agency on this application.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board sets an escrow account of $2,500 on this application.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board sets a public hearing on this application for their April meeting.
PRELIMINARY PRESENTATION – CINDY REUTER – 99 NORTH BROADWAY
Ms. Cindy Reuter stated she is proposing converting previous doctors’ offices on the first floor to a health spa. The health spa will offer natural mineral solutions for body wraps, detoxifying foot baths and offering custom fit bras and some supporting supplements. It is a franchise named Suddenly Slender and has had national public relations and advertising. The customer base will not only come from Tarrytown but also from all of Westchester and parts of Connecticut and New York City. Ms. Reuter stated she does not plan to modify the structure or function of the space – just decorate with new paint, wallpaper and carpeting. “I understand from the building inspector the parking is not quite sufficient for current code; however, with a maximum staff of three persons, I would
require less parking than the previous occupants.”
Upon inquiry, Ms. Reuter stated this property has seven parking spaces and her business would require eight; however there are also two apartments upstairs.
Upon inquiry, Ms. Reuter stated she expects to have three or four customers at a given time on the premises. People will wait for a doctor but they don’t wait for a service. There would be some flux throughout the day but it would be limited since services would be scheduled via appointment.
Upon inquiry from Ms. Raiselis, Ms. Reuter stated people coming for treatments would park either in the McKeel Avenue municipal parking lot or on the street. She and her employees can park in the lot at the property. The tenants in the two apartments also park in that lot. Chairman Friedlander stated when Ms. Reuter has brochures printed it should specify that customers should use the McKeel Avenue parking lot across the street.
Mr. McGarvey questioned whether her lease specifies details about the use of the parking in the lot at the site. Ms. Reuter stated she was told the apartment tenants only use two spaces. Her lease does not specify how many spaces she would be getting. Chairman Friedlander stated that should be put into her lease.
Mr. McGarvey stated the previous use required nine parking spaces and this use requires 8 spaces. He suggested Ms. Reuter find out whether the other tenants leases indicate designated parking.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board declares its Intent to be Lead Agency on this application.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board sets an escrow account of $2,500 on this application.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Planning Board sets a public hearing on this application for their April meeting.
ADJOURNMENT
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the Board adjourn to executive session to discuss potential litigation – 8:30 p.m.
The Board reconvened.
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the meeting be adjourned – 9:10 p.m.
Kathleen D’Eufemia
Secretary
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