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Planning Board Minutes 05/27/2008
Planning Board
Village of Tarrytown
Regular Meeting
May 27, 2008   7 p.m.

PRESENT:        Chairman Friedlander; Members Raiselis, Aukland, Tedesco; Counsel
        Shumejda; Administrator Blau; Planner Geneslaw; Engineer McGarvey;
        * Landscape Architect Yarabek
ABSENT: Ms. D’Avolio

APPROVAL OF MINUTES

Ms. Raiselis moved, seconded by Mr. Tedesco, that the minutes of April 28, 2008, 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 (HSA-UWC) – JARDIM ESTATES EAST – BROWNING LANE

Chairman Friedlander stated this matter was being adjourned tonight since the applicant is preparing the DEIS.

CONTINUATION OF PUBLIC HEARING – REUTER – 99 NORTH BROADWAY

Dr. Mendelowitz, one of the building owners, stated at the last meeting there was discussion about parking.  They have seven spaces behind the building.  The zoning requirement for the proposed business and the apartments is fourteen.  The two apartments are each occupied by one person and they are not there during working hours.  There had been discussion last month about obtaining parking permits for the McKeel Avenue parking lot.  That could be done for the three people who will be working at the spa but the permits can only be issued for a specific vehicle so Ms. Reuter would not be able to use those permits for her clients.  Dr. Mendelowitz stated the proposed use is less than when the doctors’ offices were operating.

Chairman Friedlander questioned whether anyone wished to address the Board on this matter.  No one appeared.

Mr. Tedesco stated there are mitigating factors.  The proposed use will be less intensive than the doctors’ offices and there is parking available within 300 feet of the site.

Chairman Friedlander stated he felt the spa employees should have parking permits for McKeel Avenue.  Ms. Raiselis agreed.  Counsel Shumejda stated if that were done, the parking spaces at the site would be available for the clients.  The Planning Board could “land bank” the additional four spaces and in the future if more parking is required, parking permits for the apartment tenants could be obtained.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the hearing be closed.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board determines there will be no significant adverse environmental impact as a result of the proposal.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to approve the conversion of doctors’ offices to a health spa at 99 North Broadway subject to:
1.      Approval of plans by the Building Inspector
2.      Approval by the Architectural Review Board for signage and any other exterior changes.
3.      That ten parking spaces be provided (seven on site and three annual parking permits at the McKeel Avenue parking lot for the three employees of the spa) with four parking spaces “landbanked” so in the future if the Board determines those spaces are required, additional permits would have to be obtained on an annual basis for the McKeel Avenue parking lot.  Obtaining the parking permits would be the responsibility of the property owners of 99 North Broadway.  The Planning Board makes this condition based on many factors – the proposed use is much less intense than the doctors’ offices which existed for approximately sixty years; there is a large public parking lot available within 300 feet of the site; the applicant will provide measures to be sure the clients use the parking lot on the premises or the McKeel Avenue lot; the applicant is to provide a brochure for potential clients which should document where they should park, namely, on the premises and the McKeel Avenue lot and where they should not park, e.g., the Warner Library parking lot, C-Town parking lot, and the parking lot behind the stores adjacent to C-Town; the applicant shall file a copy of this brochure with the Building Inspector prior to the issuance of a Certificate of Occupancy.

PUBLIC HEARING – FORDHAM UNIVERSITY – 100 MARYMOUNT AVENUE – SUBDIVISION

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 Tuesday, May 27, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:

Fordham University
Bronx, New York   10458

To consider the application for subdivision of property they own at 100 Marymount Avenue, Tarrytown, New York, into 7 lots as follows:

Lot 1 - +/- 723,556 sq. ft. (Fordham to sell)
Lot 2 - +/- 9,000 sq. ft. (corner lot at Neperan Road and Irving Avenue with existing two-story frame building)
Lot 3 - +/- 9,088 sq. ft. (93 Irving Avenue with existing one to two story frame dwelling with play house)
Lot 4 - +/- 12,000 sq. ft. (77 Irving Avenue – existing one story frame dwelling)
Lot 5 - +/- 1,000 sq. ft. (former Parcel 81A – proposed expansion of property line approximately 10 feet – existing dwelling)
Lot 6 - +/- 3,750 sq. ft. (flag lot, existing Parcels 81C and 81D to be merged – existing dwelling)
Lot 7 - +/- 4,480 sq. ft. (former Parcel 81 with minor encroachment on Parcel 79 – existing dwelling.)

The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 12, Parcels 81A, 73, 75, 77, 79, 83, 85 and Sheet 13, Block 48, Lots 29, 31 and 35.  The property is located in the R-20 (single-family) zoning district.

Said subdivision is being sought to allow Fordham University to sell property to the EF Schools, Inc. and allow Fordham to retain ownership of some parcels to allow the current residents including religious from the Religious of the Sacred Heart of Mary to remain living in the residences.

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.

Ms. Kristen Wilson appeared on behalf of Kevin Plunkett, attorney for Fordham University.  Ms. Wilson stated the plans in front of the Board are substantially the same as those presented a month ago.  There was a minor change to Lot 3 decreasing its size and increasing Lot 1.  Lots 1 and 5 are going to the EF Schools.  The remaining parcels will remain in Fordham’s ownership.  The subdivision lines reflect the existing conditions.  This is merely for ownership and future use of the property.

Chairman Friedlander stated the question that arose was why Lot 5 wasn’t being attached to one of the other lots.  Ms. Wilson stated Lot 5 is an existing garage and it is not intended to be retained by Fordham.  It was difficult to attach it to one of the other lots.  The only lot it could be attached to is Lot 1 but it would need some linkage because they are not contiguous.

Mr. McGarvey questioned how you have an accessory structure on a lot without a principal structure.  He questioned who uses the garage.
Ms. Wilson stated the Director of Facilities rents the garage from Fordham and he uses it.  He lives on the corner lot.  It is not contiguous.

Mr. Ed Lugari stated he has been Director of Facilities at Marymount/Fordham for eighteen years.  The Vice President of Finance asked him if he wanted the house as part of his job and he accepted that and the garage came with it.

Mr. John Samoyedny, 73 Irving Avenue, stated that garage sits directly in front of his house.  On his survey it shows it belongs to the house next door to him.

Mr. Blau questioned how Mr. Samoyedny accesses his home.  Mr. Samoyedny stated there is a walkway to the right of the garage.  Ms. Raiselis questioned whether Mr. Samoyedny has offstreet parking.  Mr. Samoyedny stated he does not but he did try to buy this garage but was not successful.

Chairman Friedlander questioned why EF wants this parcel.  Mr. John Kirkpatrick, attorney for EF Schools, stated they do not feel strongly about it.  It was in the original contract.  Fordham sought to sell all the property to EF except the buildings used by the religious and the Director of Facilities.

Mr. Kirkpatrick stated they could create a strip of land on the parcel used by the former Marymount President connecting to the EF Parcel.  Counsel Shumejda stated Mr. Kirkpatrick was suggesting to add a strip of land on the north side of the President’s home and connecting that to the garage so it would not be a garage without a principal use.  He questioned how much larger that parcel would be.  Mr. Kirkpatrick stated it would be a 5 ft. wide strip to the south extending east to west.

Mr. McGarvey stated the lot lines should be adjusted so these new lots have 10,000 sq. ft.
Mr. Kirkpatrick stated he did not know whether they could but they will look at it.

Mr. Aukland stated these lots should be made as conforming as possible.  On Lot 5, it should not be a separate lot as an accessory use only.  If that were sold to Mr. Samoyedny, a lot of issues would be resolved.

Ms. Raiselis stated this is a tiny neighborhood and this garage is a problem.  Something that makes sense should be done with it.

Mr. Geneslaw stated last month Fordham was asked to attempt to find out if the utilities are independent.  If not, there would need to be easements.

Mr. Tom Coughlin, 60 Sunnyside Avenue, stated he has lived here for 23 years and has had no problems with the “little” neighborhood.  New construction in this neighborhood has been large houses and they are out of character.  Larger lots could mean larger homes in the future.  Irving Avenue is steep and narrow.  Mr. Coughlin stated with the change of
ownership to EF Schools there should be far fewer commuters and perhaps EF could reduce significantly the size of the parking lot by Rita Hall.  It would be nice for everyone.  Counsel Shumejda questioned who owns the parking lot.  Mr. Kirkpatrick stated EF owns it but it is surrounded by Village property.

Mr. Aukland stated there is an out parcel shown on the plan, which is not owned by Fordham or EF but he would like to know who owns it.

All agreed to continue the hearing at the Board’s next meeting.

PUBLIC HEARING – DECECCHIS – 181 SOUTH BROADWAY

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 Tuesday, May 27, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:

Elio and Joanne DeCecchis
181 South Broadway
Tarrytown, New York   10591

To consider an application for site plan approval for property located at the above address to allow change of occupancy from real estate brokers’ offices to real estate broker, attorney, insurance, real property management and mortgage broker for entire first floor.

The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 16, Block 56, Lots 23 and 23A, and is located in an R-7.5 (Single 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. Richard Blancato, attorney for the applicant, stated they are proposing changing the occupancy slightly from a real estate office on the first floor to a real estate broker, attorney, insurance, real property management and mortgage broker.  The use is pretty much the same.  It will be much less intensive than what was there before – Prudential Rand – which had about thirty people.  The proposed use will only be six to eight people – six employees and a couple of visitors.  The current parking will be much more than
adequate.  Mr. Blancato submitted letters signed by each of the three residential tenants confirming they are not on the premises and do not use the onsite parking weekdays from 9 a.m. to 5 p.m.  This use was originally granted pursuant to a variance from the Zoning Board of Appeals many years ago and extended many times.  Originally it was the real estate office of Elio DeCecchis.  One of the conditions of the variance was the large lawn area to the right of the building remain green space and not be used for parking.  Prudential started parking on the lawn and Mr. DeCecchis put concrete barriers to stop them from parking on the lawn.  The proposed use will be less intensive.

Mr. Tedesco stated at the last meeting he thought it was stated there are two apartments.  Mr. Blancato stated that was a mistake.  There are three.

Upon inquiry, Mr. Blancato stated the property has nine parking spaces on site.  

Mr. Tedesco questioned where people parked when there were thirty employees. Mr. Blancato stated they were brokers and not all are there at the same time.  They were able to park so what is now being proposed will be no problem.

Mr. Aukland questioned the parking requirement for the entire building.  Mr. Blancato stated he believes it is 14 and they have 9.  Mr. Blancato stated the mortgage broker primarily operates out of his Mount Kisco office.

Chairman Friedlander questioned whether anyone wished to address the Board.

Ms. Brenda Fracaroli, Independence Street, stated she has lived there thirty years and the entire block is zoned residential.  She stated she is a school teacher and when she returns home at 3 p.m. there have been cars parked all over the lawn of this property.  She expressed concern for the children in the neighborhood.  She stated she would like the ZBA to rescind the variance.

Mrs. Fracaroli read the following letter dated May 27, 2008, which she has sent to the Zoning Board of Appeals:

“As a public school teacher, a child advocate and a resident of Independence Street, I am writing this letter to ask the Zoning Board to rescind the variance for offices at 181 South Broadway and restore the residential status of this building.  The reason I am asking you to consider this option is for the ‘Safety of the Children.’  There is a new generation of young children both on Church Street and Independence Street who are beginning to play outside in the neighborhood.  Parents purchased these properties in a residential zone to ‘live.’  Having a business and expanding a business in a residential area negates this.  A business such as this brings in many strangers and cars into the neighborhood all day long, which can jeopardize the safety of the children.  You cannot put a price tag on the safety of young children.  There is available office space at 300 South Broadway, which is already zoned for business.  Please, let’s preserve the residential zones, the little that there are, so the citizens can maintain a decent and safe standard of living as they raise their families.”

Ms. Fracaroli stated the whole area is restricted parking so unless you have a sticker you cannot park on the street.  People just cannot come there and park and go to a business.  If the business in the future is sold, it could expand.

Mr. Mario Mosca, Church Street, stated his family owns three homes on Church Street and he agreed with Ms. Fracaroli’s comments.  “I would like to see the street remain residential.”

Mr. Blancato stated there is no intent to park on the side streets where the neighbors live. Mr. DeCecchis also installed the curb so no one from this building can park on the lawn.

Upon inquiry from Ms. Raiselis, Mr. Blancato stated the only ingress and egress to this property is on Broadway.

Chairman Friedlander questioned the square footage for the entire building.  Mr. Blancato stated the first and second floors each have 1,944 sq. ft.  He did not know the square footage for the third floor.  In regard to the lot size, Mr. Blancato stated it is two building lots but the variance prohibits using the second building lot.

Upon inquiry, Mr. Blancato stated Prudential was there five or six years.  They moved because the location became too small for them.

Ms. Fracaroli stated on Saturdays everyone is home and there could be a conflict with the residential tenants parking there and the businesses being open.  Mr. Blancato stated the business use on weekends would be very limited.  There are no real estate agents.  It is an attorney, real estate management and insurance.  Mr. Hughes, the attorney, has stated he sometimes works a few hours on a weekend.

Ms. Fracaroli questioned whether there is an apartment in the basement.  Mr. Blancato sated there is not.  The basement has storage and a small kitchen for the business.

Mr. Tedesco stated there could be a condition that no more than six employees ever use this office space.  

Chairman Friedlander stated this house started as a residential use.  He questioned why the house could not go back to four apartments, which would require ten parking spaces.  Mr. Blancato stated the cost to put it back with kitchens, etc. would be prohibitive.  When the application first went to the ZBA it was shown it was not economically feasible with five apartments.  The Village Attorney has advised the ZBA that today they do not have to reprove financial hardship.

Mr. Blau stated no one wants to use the lawn space for parking; however, a sketch should be prepared showing how some additional parking could be done but keeping most of it green.  Mr. Blancato stated they could do that; however, the ZBA was adamant in the past that they not use any of that lot for parking.  There is also a large tree with deep roots and they would not want to propose anything that could damage that tree.  

Mr. Tedesco stated this plan should be prepared and the applicant could consult with the Village’s Landscape Architect about the tree.

Mr. Aukland questioned why the Village should expand the use and not just keep the apartment that was on the first floor.  Mr. Blancato stated it was a very small apartment.  The kitchen was removed by Prudential.  Mr. Aukland stated the Village needs modest, affordable apartments and he felt the applicant should provide an explanation as to why it would make sense to eliminate that and expand the office space.

Ms. Fracaroli stated if a plan is being drawn up to show some parking on the vacant lot, that parking should be shown closer to Broadway since it should not be near the adjoining residences.  “I don’t want to see more parking go in.”

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board declares itself Lead Agency on this application.

All agreed that the hearing be continued at the Board’s next meeting.

*Mr. Yarabek left the meeting.

PRELIMINARY PRESENTATION – 455 HOSPITALITY, LLC – 455 SOUTH BROADWAY (DOUBLETREE HOTEL)

Mr. Richard Blancato, attorney for the applicant, stated a site plan was approved for the hotel.  Construction took place and some minor changes were made, which is why they are back to the Planning Board for approval.  The Board last month had some questions.  They were putting a grand ballroom, which could be enlarged by opening doors from 8,000 sq. ft. to 10,000 sq. ft.  The Board asked for justification of that change and why they would need to open these doors for certain occasions and how that would affect traffic if there are more people.  There was an open terrace on the south side and that was enclosed to meeting rooms.  The Board asked for justification to that change.  Originally on the plan in the rear courtyard there was a swimming pool with a water feature and paths and that was eliminated and the Board wanted to know why.

Mr. Alex Sirotkin, one of the hotel’s owners, reviewed with the Board a handout he had prepared.  This document is attached to these minutes.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board declares its Intent to be Lead Agency on this application.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board sets a public hearing on this application at its next meeting.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board sets an escrow account in the amount of $2,500 on this application.

PRELIMINARY PRESENTATION – LENIKA REALTY, LLC – 132 NORTH BROADWAY

No one appeared on behalf of the applicant.

PRELIMINARY PRESENTATIONS – HSA-UWC - JARDIM ESTATES (EMERALD WOODS) – LOTS 2, 3, 12, 13, 14, 15

Mr. Michael Inglis stated following the site walk with the Board, they made some modifications to the plans.

Lot 3

Mr. Inglis stated the old plan had a driveway across the front.  They moved the house forward away from the steep slope.  The deck was moved and tucked behind the garage.  The first floor elevation is now at the road elevation.  This will require a 5 ft. front yard setback variance for the porch for the front door.  It also needs a height variance since 30 ft. is permitted and 34 ft. 6 in. is proposed.

Lot 2

The house was angled to get a better view.  A circular drive was put in and they reduced the length of the driveway.  There is a 3 ft. intrusion into the front yard.  The deck was shifted.  There are more windows and more views.

Lot 12

The driveway was repositioned.  They introduced cedar shingles and there is a stone base and the window light panels were changed from 2 over 2 to 6 over l.

Lot 13

The house remains essentially the same as to location.  There will be a gambrel roof, cedar shingles on the upper level and a diamond pattern center window.  The size of the porch was reduced.

Lot 14

The siting has remained the same.  They introduced stone vertically and into the front gable.  The porch was reduced.  The window configuration is changed.  There will be cedar shingles and a diamond pattern center window.

Lot 15

The house was flipped, which gives the view over the aqueduct.  Grading is essentially the same.  There is a different porch detail.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board declares its Intent to be Lead Agency for Lots 2, 3, 12, 13, 14, and 15 at Jardim Estates (Emerald Woods.)

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board sets a public hearing on the site plans for Lots, 2, 3, 12, 13, 14, and 15 at Jardim Estates (Emerald Woods) for the Board’s next meeting.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board sets escrow accounts in the amount of $2,500 for each of the following site plans:  Jardim Estates (Emerald Woods) Lots 2, 3, 12, 13, 14, and 15.

PRELIMINARY SUBDIVISION APPROVAL – LEGENDS AT WILSON PARK – WILSON PARK DRIVE

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the preliminary subdivision plan dated August 10, 2007, revised November 15, 2007, for Legends at Wilson Park based on the following conditions:

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.  Notwithstanding the foregoing, the Village may elect to receive a dedication in fee of the trail connection, but in the event of such election, the applicant shall be entitled to calculate FAR for Lot 14 as if it owned the dedicated trail connection.

§       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.  Also, the Village may elect to receive a dedication in fee of the northern site boundary trail, but in the event of such election, the applicant shall be entitled to calculate FAR for Lot 10 which the northern site boundary trail traverses as if it owned the northern site boundary trail.

§       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, for Wilson Park Drive from Warner Lane
to the intersection of Beech Lane and Wilson Park Drive and is to include the full width of the road.  Applicant shall convey to the Village an easement over and under its portion of Wilson Park Drive and, if possible, the Village will obtain an easement from the property owners to the west for their portion of Wilson Park Drive.  Improvements must be approved by the Village Engineer and the Planning Board, but once the applicant has completed such improvements, responsibility for all maintenance, including snow removal, shall be the responsibility of the Village.  The applicant shall also, at its cost, conduct a study for the improvement of drainage on Wilson Park Drive and Cobb Lane.  However, the conduct of such study shall not obligate the applicant to complete any work in or on or under Cobb Lane unless the source of identified Cobb Lane drainage problems originate on the applicant’s property.

§       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 for a price of $1,200,000.00.

§       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, at their appraised value, but not less than $700,000.00 per lot.  

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 quarterly and after every 10-year storm event.  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.  Notwithstanding the foregoing, if the Village elects to have the applicant construct facilities on the “walking trail” for off-site Marymount drainage, neither the applicant nor its successors in interest, including the HOA, shall be responsible for the maintenance and upkeep of such facilities.

§       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.  Such improvements will include grading and seeding of the field.  The Homeowners’ Association (HOA) shall not be responsible for the maintenance of the soccer field.

§       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.

§       The applicant will design and install a new 12” water main in Wilson Park Drive from Beech Lane to County House Road.  The Village will design and install a new 12” water main from Neperan Road to the intersection of Wilson Park Drive and Beech Lane by September 30, 2008.  In the event:  (a) the Village does not purchase Lots 3 and 4, and (b) after appropriate testing it is determined that there is insufficient water pressure and/or flow for fire protection for the applicant’s new homes and the existing homes on or accessed from Warner Lane, the applicant will design and install a new 8” water main in Warner Lane from the new water main in Wilson Park Drive to terminate at a new hydrant between Lots 3 and 4.  Subdivision Lots 1 and 2 shall be serviced by the water services running parallel to the project’s southern boundary. Separate meter pits for each service shall be installed adjacent to Wilson Park Drive. For water quality purposes, applicant will connect the new 12” water main in Wilson Park Drive to the existing 6” main in County House Road.  No certificates of occupancy will be issued to applicant for any home in the subdivision until its portions of the Wilson Park water improvements described herein have been completed.  Notwithstanding the foregoing, applicant may obtain building permits and proceed with the construction of homes prior to completion of its portion of the improvements.

Additionally
§       The location and style of mailboxes as well as any signage is to be discussed and approved by the Planning Board and Village Engineer before the final plat is approved.

§       This preliminary subdivision approval is subject to the lease agreement and option agreement approved by the Board of Trustees.

§       This preliminary subdivision approval is subject to all further requirements of the Village Engineer and Village Landscape Consultant.

§       And these subdivision 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.

ADJOURNMENT

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 10:35 p.m.

Kathleen D’Eufemia, Secretary