Tarrytown NY - Planning Board Minutes 3/30/2009

Planning Board Minutes 3/30/2009

Planning Board

Village of Tarrytown

Regular Meeting

March 30, 2009 7 p.m.

PRESENT: Members Tedesco, Aukland, Raiselis; Administrator Blau; Counsel

Shumejda; Landscape Architect Yarabek; Secretary D’Eufemia

ABSENT: Chairman Friedlander; Member D’Avolio

Mr. Tedesco chaired the meeting in Dr. Friedlander’s absence.

APPROVAL OF MINUTES

Mr. Aukland, moved, seconded by Ms. Raiselis, and unanimously carried, that the minutes of February 23, 2009, be approved as submitted.

CONTINUATION OF PUBLIC HEARINGS:

Holy Spirit Association for the Unification of World Christianity (HSA-UWC) – Jardim Estates East – Browning Lane

Fordham University – 100 Marymount Avenue

Lake Street Construction – Lake Avenue

Mr. Tedesco reported each of the applications noted above is being adjourned until next month. He questioned whether anyone wished to address the Board on any of these applications. No one appeared.

PUBLIC HEARING – RELIGIOUS OF THE SACRED HEART OF MARY – 32 WARREN AVENUE

Mr. Tedesco read the following Notice of Public Hearing:

PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, March 30, 2009, at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:

Religious of the Sacred Heart of Mary

50 Wilson Park Drive

Tarrytown, New York

To consider the application for an elevator addition and sidewalk at 32 Warren Avenue, Tarrytown, New York

The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 5, Lot P69 and is located in an R80 (One-Family Residence) 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. Craig Hunt of Sullivan Architects, stated the project is an elevator addition in the back of the convent to allow the sisters to use the building as a residence home with private bedrooms. The convent is red brick with terra cotta detailing and they will mimic that in the elevator tower. It will blend in with the texture of the building and maintain the existing height. They will remove one existing parking space. The elevator tower sticks out about 19 ft. from the façade of the building. That includes a vestibule addition to the elevator. They have created a handicapped parking space. Mr. Hunt noted he sent elevation drawings to the Board as had been requested last month.

Mr. Tedesco questioned whether anyone wished to address the Board on this matter. No one appeared.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board declares itself lead agency on this application.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the public 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 impacts as a result of the proposal.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the proposed renovations to the south wing of the building at 32 Warren Avenue which includes the addition of an elevator and a sidewalk. This approval is subject to the following conditions:

Approval by the Building Inspector/Village Engineer.
The brick façade and the architectural details of the elevator addition are to match those of the existing building.
Payment of any outstanding escrow fees prior to the issuance of a building permit.
Signing of the final site plan by the Planning Board Chair.

PUBLIC HEARING – DENARDO – 1 EMERALD WOODS

Mr. Tedesco read the following Notice of Public Hearing:

Joseph DeNardo

83 Harriman Road

Irvington, New York

To consider the application for the removal of an existing home and the construction of new home at 1 Emerald Woods, Tarrytown, New York.

The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29, Lot P35A2 and is located in an R60 (One-Family Residence) Zone.

The certified mailing receipts were submitted.

Mr. Norman Sheer, attorney for the applicant, stated the property is at the northeast corner of Emerald Woods and Sheldon Avenue. It is an R-60 zoning district but this is a 20,000 sq. ft. pre-existing lot. The intention is to remove the existing home and build a new one. No variances are required. The plan has been redrawn to eliminate the need for an impervious surface variance. The existing home has many non-conformities. They submitted a landscaping plan and a tree survey plan. The driveway is now shown as gravel. The Board wanted a streetscape showing the proposed home to existing homes and an area map showing landscaping and screening was done. The architect for the new home is the same architect who did the homes on Emerald Woods. The prime difference is that this house will be shingle siding.

Mr. Tedesco reported receipt of the following memo dated March 26, 2009, from Stephen Yarabek, the Village’s Landscape Consultant:

“Joseph DeNardo, 1 Emerald Woods – Based upon review of the Tree Assessment and Evaluation; site construction documents SP1.1-SP1.6, the following revisions to the plan should be considered for tree preservation and landscape purposes:

Tree Preservation

The proposed grading shall be revised to eliminate any grading within twenty feet of the 40” dbh and 30” dbh honey locusts at the northeast corner of the property along Sheldon Avenue.
The proposed grading shall be revised to eliminate any grading within twenty feet of the 32” pine #2381 due east of the house on the adjoining property.

Grading & Landscape

All grading shall be noted as not to exceed 3:1 slope.
Evergreen screening should be provided (1-2 trees) between the honey locusts and pine to be preserved.”

Mr. Yarabek stated the major item was the grading around the pine tree and he suggested a well which the applicant said was satisfactory.

Mr. Tedesco questioned whether anyone wished to address the Board on this matter.

Mr. Rich Stass, 2 Emerald Woods, stated he hoped the new owner would somehow become part of the Homeowners Association. The address for this property has changed from 118 Sheldon Avenue to 1 Emerald Woods.

Mr. Sheer stated joining the Association would be up to Mr. DeNardo. This lot has an easement on Emerald Woods and he may decide to do it or not but this lot is not part of the Jardim Estates subdivision.

Mr. Stass questioned why the address for this property was changed. Mr. Sheer stated that was a decision of the Postmistress.

Mr. Aukland stated it does seem to make sense to have all the homes on Emerald Woods a part of the same entity. Mr. Sheer stated it is an issue whether the developer or homeowner wants to do it. “We do recognize, however, that it may make a certain amount of sense.”

Counsel Shumejda stated this lot was not part of the Jardim Estates subdivision so the Board cannot require it become a part of the Homeowners Association.

Mr. Aukland noted the streetscape submitted does not go across the street to Sheldon Avenue. The existing farmhouse is a low building. The new building will be farther away from Sheldon Avenue but it will be a much larger scale. Mr. Sheer stated when the Village rezoned Jardim Estates and the DeNardo lot from R-15 to R-60, they created the inability to have the transition. Directly across the street from this parcel is Lot 4 for Jardim Estates.

No one further appeared to address the Board on this matter.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board declares itself lead agency on this application.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the public 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 impacts as a result of the proposal.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the demolition of the existing residence at 1 Emerald Woods and the construction of the proposed new single family home subject to:

Approval by the Building Inspector/Village Engineer particularly in regard to the storm water drainage plan.
Approval of a landscaping and screening plan by the Village Landscape Consultant including compliance with tree preservation, grading and landscaping items listed in his memo of March 26, 2009 to the Planning Board. The screening plan must have adequate additional screening for Sheldon Avenue to be approved by the Village Landscape Consultant.
Plantings should be native plants or non-invasive ornamentals. Any deviation from this must be approved by the Village Landscape Consultant.
If any trees which have been designated to be preserved are damaged due to site work and subsequently need to be removed, the applicant agrees to replace them in kind. If this is not possible, then planting of multiple trees approved by the Village Landscape Consultant or payment of the appraised value of the trees to the Village Replacement Fund will be required.
Adherence to the section of the Zoning Code dealing with the Tree Replacement Fund for the removal of trees with a 10” caliper or greater.
The walkways and patio will be of permeable pavers and the driveway will be of decorative gravel as approved by the Village Engineer.
Approval by the Architectural Review Board.
Payment of any outstanding escrow fees prior to the granting of a building permit.
Signing of the site plan by the Planning Board Chair.
The Planning Board recommends to Mr. DeNardo that he join the Homeowners Association for Emerald Woods.

PUBLIC HEARING – VILLAGE OF TARRYTOWN – 21 WILDEY STREET

Mr. Tedesco read the following Notice of Public Hearing:

PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, March 30, 2009, at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:

Village of Tarrytown

21 Wildey Street

Tarrytown, New York 10591

To consider an application to subdivide the 72,398 s.f. parcel of property with the library and municipal building into two separate lots.

The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 3, Block 14, Lot 19 and is located in both the R-30 (Residential) and M-1 (Multi-Family Residence) zones.

Documents are available for inspection in the Building Department. 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. Michael Blau, Village Administrator, stated the Village is requesting a subdivision of the old Village Hall property from the library. As part of the Hudson Harbor project, there was an agreement reached where moderate income housing was to be developed on the old Village Hall site. When the Village went to convey the property, they discovered the property was not subdivided. They had the property surveyed and created a subdivision of sufficient size to allow the development on the old Village Hall site and have the property for the library with its parking lot. The old Village Hall site would have 25,204 sq. ft. and the library would have 47,194 sq. ft.

Mr. Tedesco questioned whether anyone wished to address the Board on this matter.

Mr. Dean Gallea, 28 Wildey Street, stated there is a continuing erosion of parking on Wildey Street. He stated he was unsure the proposed square footage for the housing is sufficient, especially with a parking requirement of 2-1/2 spaces per unit. “We will protest heavily if parking is proposed to be reduced from what is required.”

Mr. Tedesco stated the Hudson Harbor developer has agreed to provide 12 affordable housing units but they may not all be on that site. When the application comes to the Planning Board, it will be reviewed thoroughly and they will have to meet all Planning Board requirements and that process will be open to the public for review.

Mr. Blau stated the Village fully acknowledges there are parking problems in that section of the Village and it is not the Village’s intent to exacerbate that situation. In order to move forward, the Village needs to have a piece of property to convey. The library and its parking lot exist and the Village needed to work around those existing conditions. The Village does understand the concerns of the residents. Pursuant to the agreement, it states there will be 12 units, but it doesn’t state it must all be on this piece of property.

Ms. Raiselis, who is member of the Warner Library Board, stated the library was planning to construct a children’s garden and the way the line is drawn would preclude that. If the line by the parking lot was moved about 2 feet and made straight, they could probably still accomplish that. Mr. Blau stated the Village can have the line redrawn and submit that revised plan to the Board for their next work session.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board declares its intent to be lead agency on this application.

PRELIMINARY PRESENTATION – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY (HSA-UWC) – SOUTH BROADWAY

Mr. Norman Sheer, attorney for the applicant, stated this is an application to amend the site plan approved for the West Rock Family Church on South Broadway. The property has become part of the Belvedere site. The Church will not be built. What is now being proposed is much simpler and less intense. There will be parking, a meditation site on the high part of the site, some drainage facilities and the building at the northwest corner of the property which is now used as a gathering room and for Sunday school will be renovated and used as the Church itself. He requested the Board schedule a public hearing.

Mr. Michael Ingles, representing the Church, stated Building 6 will be the main building and Building 3 will be used for youth ministry. The parking will serve both those buildings. They will be renovating Building 6. It is a three-story historic carriage house on the estate. Currently there is a garage on the lower level as well as maintenance and mechanical facilities and a laundry and caretakers cottage. They will be creating an assembly room on the main level with occupancy for 200 and a pastor’s office as well as some Sunday school classrooms. On the upper level there will be Sunday school classrooms, offices and bathrooms. The footprint and height of the building will be unchanged. There will be no exterior changes other than the entry door being made ADA compliant in width.

Mr. Aukland questioned whether there has been confirmation that all of Belvedere is one lot. Mr. Sheer stated they have site plan approval for the whole parcel and they continue to present it as a single project. The property has never been subdivided. It is only separate tax lots. Mr. Sheer stated they could request they be merged into a single tax lot. Currently there are three tax lots. He stated he and the Village Attorney will review how this can be done.

Mr. Aukland stated the Board had a question about creating just a parking lot, which is an accessory use. Mr. Sheer stated the church use will be on the Belvedere parcel. The parking lot is a permitted accessory use to the church use.

Ms. Raiselis stated the church should take photos of the building before any changes are made. Mr. Ingles stated he would provide those to the Board for their next work session.

Mr. Tedesco stated it was noted 111 trees would be removed and the Board needs to see a tree removal plan and also a landscaping and screening plan should be sent to the Village’s Landscape Consultant. The Board is very sensitive to the screening adjacent to the Getz property.

Mr. Keith Staudohar of Cronin Engineering stated Mrs. Getz has been sent a copy of the revised plans.

Mr. Yarabek noted there was concern about the new driveway and screening of that driveway and screening along the Getz property. Mr. Staudohar stated they have the parking farther away from the Getz property, and they will be preserving the 100 ft. setback from Broadway. They were previously removing 273 trees and they are now proposing to remove 111 trees.

Mr. Tedesco questioned why the church is proposing more parking spaces than required. Mr. Ingles stated the 200 person church occupancy justifies the proposed parking. People previously parked on the lawn and they don’t want that to continue.

Mr. Tedesco questioned whether all the parking could be gravel or permeable material. Mr. Staudohar stated it is a maintenance issue but they would look at it.

Mr. Tedesco stated the Board would like to see architectural details for the gazebo and meditation area.

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 an escrow fee 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 on this application for their April meeting.

MEETING ADJOURNED 8:15 p.m.

Kathleen D’Eufemia, Secretary