Planning Board
Village of Tarrytown
Regular Meeting
June 23, 2008 7 p.m.
PRESENT: Chairman Friedlander; Members Aukland, *D’Avolio (late), Tedesco;
Counsel Shumejda; Administrator Blau; Planner Geneslaw; Village
Engineer/Building Inspector McGarvey; Secretary D’Eufemia
ABSENT: Ms. Raiselis
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Mr. Aukland, that the minutes of May 27, 2008, be
approved as submitted. Messrs. Aukland, Tedesco and Friedlander assented. Motion carried.
CONTINUATION OF PUBLIC HEARING – FORDHAM UNIVERSITY – 100 MARYMOUNT AVENUE (SUBDIVISION)
Chairman Friedlander stated the applicant has requested this matter be adjourned to the Board’s July meeting. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at the July meeting.
HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY (HSA-UWC) – JARDIM ESTATES EAST
Chairman Friedlander stated this matter is being adjourned since the applicant is preparing the D.E.I.S.
CONTINUATION OF PUBLIC HEARING – DECECCHIS – 181 SOUTH BROADWAY
Mr. Richard Blancato, attorney for the applicant stated at the last meeting the Board requested they prepare a diagram showing possible parking on the lawn area in case in the future the parking behind the building proved to be inadequate. Mr. Sam Vieira, architect, prepared such a drawing and submitted it to the Board. They are willing to
go forward with the plan if the Board requires it in the future.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Blancato stated Mr. DeCecchis advised him that when he bought the property there were five families and no off street parking. There was just the driveway. He put in the seven parking spaces.
Upon inquiry, Mr. Blancato stated the proposed business will have a total of six employees.
Chairman Friedlander stated the intention is that the seven spaces will be used by the business during the day and the residents at night. If in the future it is determined additional spaces are needed the plan shows how those land banked spaces could be created. Mr. Geneslaw stated Spaces No. 7 and 8 shown on the plan probably could not be used. The large evergreens also should not be disturbed. Mr. Blancato stated the plan shows the parking can be created, and if it is needed in the future, the exact location for those spaces can be determined.
Mr. Tedesco moved, seconded by Mr. Aukland, that the hearing be closed. Messrs. Aukland, Tedesco, and Friedlander assented. Motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, that the proposal poses no significant adverse environmental impacts. Messrs. Aukland, Tedesco, and Friedlander assented. Motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, that the Planning Board approves the change of occupancy from real estate broker’s offices to real estate broker, attorney, insurance, real property management and mortgage broker for the entire first floor, subject to:
1. Approval by the Building Inspector
2. No more than six employees will use the office space, and the seven parking spaces on site are available for the commercial use during the day time. Fourteen parking spaces are required by the Zoning Code; seven spaces are currently provided on site. The Planning Board requires seven additional spaces be land banked to be utilized at any future time the Board determines necessary. These spaces would be provided on the existing lawn area of the site. Their exact location as well as needed screening for these spaces would be approved by the Planning Board
3. Approval by the Zoning Board of Appeals of needed modifications of the existing use variance.
4. Approval by the Architectural Review Board for any signage proposed.
The Board was polled. Messrs. Aukland, Tedesco, and Friedlander assented. Motion carried.
*Ms. D’Avolio arrived.
PUBLIC HEARING – JARDIM ESTATES LOT 2 (55 GRACEMERE) – NEW HOUSE
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, June 23, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Holy Spirit Association for the Unification of World Christianity
4 West 43rd Street
New York, New York 10036
To consider the application for site development plan approval for a new single-family house at 55 Gracemere, Tarrytown, New York (Jardim Estates Lot 2)
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29, Parcel 62 and is located in the R-60 (Residential) 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.
Chairman Friedlander stated the applicant has requested this matter be adjourned to the Board’s July meeting. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their July meeting.
PUBLIC HEARING – JARDIM ESTATES LOT 3 (8 EMERALD WOODS) – NEW HOUSE
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, June 23, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Holy Spirit Association for the Unification of World Christianity
4 West 43rd Street
New York, New York 10036
To consider the application for site development plan approval for a new single-family house at 8 Emerald Woods, Tarrytown, New York (Jardim Estates Lot 3)
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29, Parcel 63 and is located in the R-60 (Residential) 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.
Chairman Friedlander stated the applicant has requested this matter be adjourned to the Board’s July meeting. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their July meeting.
PUBLIC HEARING – JARDIM ESTATES LOT 12 (60 GRACEMERE) – NEW HOUSE
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, June 23, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Holy Spirit Association for the Unification of World Christianity
4 West 43rd Street
New York, New York 10036
To consider the application for site development plan approval for a new single-family house at 60 Gracemere, Tarrytown, New York (Jardim Estates Lot 12)
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29, Parcel 72 and is located in the R-60 (Residential) 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.
Chairman Friedlander stated the applicant has requested this matter be adjourned to the Board’s July meeting. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their July meeting.
PUBLIC HEARING – JARDIM ESTATES LOT 13 (58 GRACEMERE) – NEW HOUSE
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, June 23, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Holy Spirit Association for the Unification of World Christianity
4 West 43rd Street
New York, New York 10036
To consider the application for site development plan approval for a new single-family house at 58 Gracemere, Tarrytown, New York (Jardim Estates Lot 13)
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29, Parcel 73 and is located in the R-60 (Residential) 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.
Chairman Friedlander stated the applicant has requested this matter be adjourned to the Board’s July meeting. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their July meeting.
PUBLIC HEARING – JARDIM ESTATES LOT 14 (56 GRACEMERE) – NEW HOUSE
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, June 23, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Holy Spirit Association for the Unification of World Christianity
4 West 43rd Street
New York, New York 10036
To consider the application for site development plan approval for a new single-family house at 56 Gracemere, Tarrytown, New York (Jardim Estates Lot 14)
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29, Parcel 74 and is located in the R-60 (Residential) 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.
Chairman Friedlander stated the applicant has requested this matter be adjourned to the Board’s July meeting. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their July meeting.
PUBLIC HEARING – JARDIM ESTATES LOT 15 (54 GRACEMERE) – NEW HOUSE
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, June 23, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
Holy Spirit Association for the Unification of World Christianity
4 West 43rd Street
New York, New York 10036
To consider the application for site development plan approval for a new single-family house at 54 Gracemere, Tarrytown, New York (Jardim Estates Lot 15)
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29, Parcel 75 and is located in the R-60 (Residential) 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.
Chairman Friedlander stated the applicant has requested this matter be adjourned to the Board’s July meeting. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their July meeting.
PUBLIC HEARING – 455 HOSPITALITY, LLC (DOUBLE TREE HOTEL) – 455 SOUTH BROADWAY
PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, June 23, 2008, at 7:00 p.m. at the Municipal Building, 21 Wildey Street, Tarrytown, New York, to hear and consider an application by:
455 Hospitality, LLC
455 South Broadway
Tarrytown, New York 10591
To consider an application for site plan amendment reflecting as-built conditions.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 24, Parcel P3 and is located in an LB (Limited Business) District.
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 made a presentation at the last meeting explaining their application.
Mr. Tedesco stated at the last meeting the Board expressed concern about the use of the outdoor space where the pool had previously been proposed. The Board was told this space would be for overflow events and if the tent was needed, there would be a special permit for that. Mr. Blancato stated they would agree to that condition.
Mr. Blancato stated they sometimes have requests for outdoor wedding ceremonies and then the event moves indoors for the reception.
Mr. Aukland stated it would be expanding the space where the event will be held – not increasing the number of people attending. Mr. Blancato stated that is correct. There would not be additional events and if they needed the tent, they would go to Mr. McGarvey for permission.
Chairman Friedlander noted Mr. Yarabek, the Village’s Landscape Consultant, had asked for trees in certain locations but Double Tree said that could not be done. Mr. Blancato stated they need the lawn area open. If there are trees in the middle, it doesn’t work.
Chairman Friedlander stated he understood trees in the middle would not work; however, there could be a map prepared showing how much seating would be needed for a ceremony and then on the perimeter planting could be shown. He noted the previously proposed courtyard was a nice amenity and now it will just be open green space, which is not as nice environmentally for guests. “I would like to see some trees rather than just grass.”
Chairman Friedlander questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Richard Friedman, General Manager of the hotel, stated they have no separate tent events planned. The tent would only be used for an outdoor component of a planned event and then they would come to the Village for permission to use the tent.
Mr. Steve Lopez, Landscape Architect for the hotel, stated there can be trees on the perimeter of the open space.
Chairman Friedlander suggested a plan be prepared showing the open space and the exact size of the tent which would be used and then Mr. Lopez could work with Mr. Yarabek to show what trees could be placed on the perimeter. That plan should then be presented to the Board. The applicant agreed.
The Board unanimously agreed to continue the hearing at the July meeting.
PRELIMINARY PRESENTATION – LENIKA REALTY, LLC – 132 NORTH BROADWAY
Mr. Paul Jankovitz, architect, stated they presented this project two months ago and the Board raised several questions and asked for some clarifications. As a result, he sent a plan showing the new construction complies with the setbacks. They are proposing a four-unit apartment complex. The building is in the northeast corner of the site along Cobb Lane. There is an existing apartment building with eleven units on the property as well as a one-unit apartment in a stand-alone building and they are proposing four more units in a stand-alone building on the site. Forty parking spaces are required. Currently they have 17 parking spaces. They have shown 30 spaces on the plan including 2 handicapped spaces and they are proposing to land bank the remaining spaces. The parking is
10 ft. from the building and there is access for the fire department. Driveway lanes are 24 ft. with the exception of the new building, which has driveway lanes of 26 ft. Landscaping has been added around the building. Four parking spaces are proposed under the new building. They comply with the setbacks from the existing structures. The grass areas along Cobb Lane will be enlarged. There is also good existing vegetation along Cobb Lane.
Upon inquiry from the chairman, Mr. Jankovitz stated the proposed building is approximately 7,100 sq. ft. All the apartments will be 909 sq. ft., two bedrooms.
Upon inquiry from Mr. Tedesco, Mr. Jankovitz stated he has not yet reviewed the plans with the fire department but he will do so.
Mr. Tedesco stated the Board previously asked the applicant review the architecture for the proposed building and relate it to the other building on the site as well as the Warner Library. Mr. Jankovitz stated they are working on designs more in style with the existing structure.
Chairman Friedlander stated the front needs some attention and should be made more attractive. Mr. Jankovitz stated that will be part of their presentation.
Mr. Aukland stated at the public hearing a steep slopes map should be submitted showing all the steep slopes on the site. Mr. Jankovitz stated he would have that prepared. He noted he did delete the steep slopes from his calculations and there is still enough property minus that deduction. Mr. Jankovitz noted the new building is not in steep slopes.
Counsel Shumejda stated Section 305-14 of the Zoning Ordinance states: “No part of a required yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the required yard or open space for any other building or any other lot.” He stated a literal interpretation of that section would mean you need 30 ft. for the side and front of each building. Mr. Jankovitz stated typically the setback is only counted once. Chairman Friedlander questioned whether the zoning review committee had looked at this section. Mr. Sam Vieira, a member of the committee, stated they did not. He stated, “That language is there to prevent someone putting a building too close to an adjacent
property. I don’t think it goes to buildings within the same property. I think it is a concern of an adjacent property trying to overlap open space.”
Chairman Friedlander stated the parking should be reduced to have the 30 ft. He suggested the applicant consider reducing the number of apartments to three, which would reduce the parking requirement.
Mr. McGarvey stated Cobb Lane is very narrow. The Village may be looking to widen that at some time and would like an easement so that could happen.
Counsel Shumejda stated at a previous meeting the owner of the property stated he could reduce the number of apartments in the existing building to ten since one apartment was vacant. The owner stated in the interim he rented the apartment but it is only a one-year lease. He said he would rather have the four units in the new building with an agreement that he would eliminate the apartment in the existing building when the lease expires next year.
Chairman Friedlander stated the plans should be presented to the Fire Department and they should submit a report back to the Planning Board.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board declares their Intent to be Lead Agency on this application.
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.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board sets a public hearing for July 28, 2008, on this application.
PRELIMINARY PRESENTATION – CREEGAN PROPERTIES, LLC – 109 CENTRAL AVENUE
Mr. Sam Vieira, architect, stated Lennox Bus Company has existed on the corner of Central Avenue and Mechanics Avenue for over fifty years. The property is situated in the General Business district and is adjacent to a multi-family zone. In 1991 Mr. Lennox came before the Planning Board to expand the ability to park buses on a small piece of property to the west of the existing building. There was a building, which was torn down and they would not like to expand the ability to park buses into Area C of the plan submitted. They would put a small landscape buffer on the Central Avenue side. They are also proposing a chain link vinyl fence on the western side. The property along the back has an existing chain link fence. They would like to revisit the landscaping buffer from 1991 and
move it to this property.
Chairman Friedlander questioned what screening exists along Central Avenue. Mr. Vieira stated it is wide open until where the curb cut ends and then there is a 10 ft. high chain link fence. Chairman Friedlander stated what would be proposed if the Board wanted screening. Mr. Vieira stated there could be a combination of a landscaping buffer and fencing.
Chairman Friedlander stated at the Board’s work session they were concerned about more buses and more traffic. He questioned how many buses there are and how frequently they move in and out of the Village. Mr. Vieira stated they are working on a diagram, which they can submit next month, showing how to stack the larger buses and the smaller buses. Most of these buses are waiting to be sold or waiting to be repaired.
Mr. McGarvey stated his office has had complaints about the diesel engines starting up at 5 a.m.
Mr. Lennox stated the site is primarily used for storage. The buses don’t go out every day. He noted he owns two other properties in White Plains. The Tarrytown property is primarily storage. This is not an operation where people show up at 5 a.m. and leave at 6 p.m. Maybe 5 to 10 buses go in and out during an 8 hour period.
Ms. D’Avolio questioned how many buses are there daily. Mr. Lennox stated they have had 40 to 45 – large and small buses and mini vans. It is a unique operation. Every day is different.
Chairman Friedlander stated the Board should know how many buses could go in and out every day if it were that type of operation.
Mr. Blau stated there is one open curb cut from the proposed buffer area to the edge of the property, which is an uncontrolled area for pedestrians. He questioned whether they could control access in and out for public safety. Mr. Vieira stated it is difficult. The opportunity to control is limited to a small area in the front. They will study that.
Mr. Tedesco questioned why the conditions imposed in 1991 were not met. Mr. Lennox stated when the buildings came down, it was just an empty area and they never came back to the Board.
Mr. Tedesco stated there was also a provision for three off street parking spaces for employees. Mr. Vieira stated there is always additional space for three cars by maneuvering the buses. There was never a specific location. He stated they could specifically designate three spaces.
Upon inquiry, Mr. Lennox stated it would be his preference to blacktop this new area.
Mr. Tedesco stated at the work session the Board had also questioned whether this use is actually permitted in the General Business district. Counsel Shumejda stated if it is a storage yard, in his opinion the present use is non-conforming. If it is a repair shop or garage, it is a permitted use. He noted some of those buses have been in a state of disrepair for months. “That, to me, is storage.” If work was performed on a periodic basis, then it would be permitted. Mr. Vieira stated it is “muddy water.” There is a little bit of everything. The Planning Board approved Area B in 1991 and the assumption on Mr. Lennox’s part was this is a permitted use. It is a business that has been there for over fifty years.
Counsel Shumejda questioned whether the green buses on the property are going to be repaired. Mr. Lennox stated those buses are not made any more. He “cannibalizes” them and uses the parts for buses like that which are still in operation. He stated they could remove those buses. Counsel Shumejda questioned whether that was the same for the smaller buses. Mr. Lennox stated it was not – just the green buses. Counsel Shumejda questioned the status of the buses along Mechanics Avenue. Mr. Lennox stated the majority of those are being repaired. Counsel Shumejda stated some have been there for a long time. Mr. Lennox stated some can sit for lengths of time. Some vehicles sit longer than others.
Mr. Aukland questioned the existing use of Area C. Mr. Vieira stated there was a bar there, which was torn down. It is just an empty lot. There are no barriers. It is contiguous property.
Mr. Vieira questioned at what point are you parking a bus for a while and at what point is it being used for storage. It seems a gray area and the Planning Board must determine if it is a use that can be expanded.
Chairman Friedlander stated if there are vehicles being used for parts, those parts should be removed and stored inside and the shell of the old bus should be removed. “I don’t understand who uses these buses and what the bus structure is. There needs to be an explanation. We need an understanding of what they are doing there.”
Ms. D’Avolio questioned whether they are making all the repairs on this site. Mr. Lennox stated it is mostly body repairs. The buses are driven there. Some days there may be forty buses and some days only ten. Now they are predominantly using it as a repair facility. “We want to stay there. It is unique.”
Mr. McGarvey questioned whether they do painting. Mr. Lennox stated they do minimal painting and they do have County permission.
Counsel Shumejda questioned whether the buses are used on a route. Mr. Lennox stated they are but the ones at the Tarrytown location are in need of repair.
Chairman Friedlander questioned how it would impact the business to have vehicles repaired and moved out within two weeks. Mr. Lennox stated there are times when vehicles have to be stored for 30 to 90 days. The busiest time is the summer. Mr. Vieira stated if a bus is there for repair and an active bus comes in for work, that needs to be given priority.
Chairman Friedlander stated, “This business has operated for 50 years and he got an expansion 15 or so years ago but now he wants more space which will be used for storage because there will not be an increase in the people working there. This is about 20% bigger and that will be for storage, which is not what the zone allows. It would be better not to expand that use.”
Chairman Friedlander stated he would need more time to review this before setting a public hearing. Additional information should be submitted for the Board’s review.
Counsel Shumejda questioned whether the buffer plan in 1991 was done. Mr. Vieira stated there were two schemes. Once the house disappeared, it did not make sense to put the buffer between the two buildings. They did plant some trees. That is why they want to now change the buffer zone.
All agreed to continue the preliminary presentation at the Board’s next meeting.
FAREWELL – VILLAGE HALL AT 21 WILDEY STREET
Chairman Friedlander stated tonight is the last meeting being held at 21 Wildey Street. On Friday the Village offices will move to their new home at One Depot Plaza.
ADJOURNMENT
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 8:55 p.m.
Kathleen D’Eufemia
Secretary
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