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Planning Board Minutes 05/26/2009
Planning Board
Village of Tarrytown
Regular Meeting
May 26, 2009    7 p.m.

PRESENT:  Chairman Friedlander; Members Aukland, Raiselis, Tedesco; Building
                   Inspector/Engineer McGarvey; Counsel Shumejda; Secretary D’Eufemia

APPROVAL OF MINUTES

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the minutes of April 27, 2009, be approved as submitted.

Mr. Tedesco moved, seconded by Mr. Aukland, that the minutes of the Special Joint Meeting with the Architectural Review Board on March 30, 2009, be approved as submitted.  Chairman Friedlander abstained.  All others assented.  Motion carried.

REQUEST FOR EXTENSION – WILSON PARK HOME & LAND COMPANY, INC.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board extends the time for submission of the final subdivision plat for the Wilson Park subdivision for three months from tonight’s meeting subject to the applicant submitting the plat to the Westchester County Department of Health within that three month period.

CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY – SOUTH BROADWAY

Mr. Michael Inglis, representing the church, stated they are requesting the Board approve the proposed parking.  The Building Inspector visited the property today and looked at all the buildings and the occupancy.  The Landscaping Plan was sent to the Village’s Landscape Consultant after the last meeting but they have not received comment from him.  Mr. Inglis requested approval subject to agreement by the Village’s Landscape Consultant.  

Mr. Jim Annicchiarico of Cronin Engineering reviewed with the Board the location of all parking on the site – proposed and existing spaces.  They are proposing a total of 145 parking spaces at the site (53 existing; 92 new with 19 of those spaces being land banked.)  

Chairman Friedlander stated at the work session the Board had suggested moving the majority of the twenty spaces shown in the northern end of the property adjacent to Lyndhurst to the rear of the property closer to the meditation center in order to create an open vista.  Mr. Inglis stated they would prefer to leave them as proposed.

Mr. Inglis presented schematics of the gazebo which will be larger than the one in Gracemere Park and also has “more character.”

Discussion followed on landscaping.  Mr. Inglis stated the screening adjacent to the Getz property will remain the same as the submission when the church was being proposed.  

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

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 proposed project.

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the amendment to the previously approved site plan for the construction of a church and education building.  This approval (Revision No. 2 dated 5/19/09) is for the construction of an entrance driveway, parking lot, drainage facilities and a meditation site.  The approval of this amendment is conditioned upon:

1.      Approval by the Building Inspector/Village Engineer particularly in regard to the adequacy of the storm water drainage plan.
2.      Approval of a landscaping and screening plan by the Village Landscape Consultant.  Plantings added should be native species or non invasive ornamentals.  Any exceptions to this must be approved by the Village Landscape Consultant.   This plan is to include adequate screening for Mrs. Getz’s carriage house as shown on the previously approved site plan as well as adequate screening for the proposed driveway.  If during the implementation of the approved landscaping plan, any changes or amendments are desired, such changes must be approved by the Planning Board.
3.      A detailed tree protection and tree preservation plan to be approved by the Village Landscape Consultant.
4.      If any trees which are 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 there should be planting of multiple trees approved by the Village Landscape Consultant or payment of the appraised value of the trees to the Tree Replacement Fund will be required.
5.      The applicant agrees to perform any treatment and pruning of existing trees deemed necessary by the Village Landscape Consultant at a time the Consultant determines appropriate.
6.      Adherence to the section of the Zoning Code dealing with the Tree Replacement Fund for the removal of trees with a 10-inch caliper or greater.
7.      Before removal of trees designated on the site, a site visit will be scheduled by the Planning Board and the Village’s Landscape Consultant for final inspection and verification.  
8.      A Landscaping Consultant or arborist chosen by the Planning Board is to be on site when trees are removed.  Trees that have been approved for removal will be marked in the field.  The cost of the Consultant will be borne by the applicant.
9.      The applicant will provide an escrow account for the landscaping and screening to be performed on the site.  The amount shall be determined by the Village’s Landscape Consultant.  The Village Landscape Consultant will make a final inspection to verify the adequate implementation of the landscaping and screening plan.
10.     Approval by the Architectural Review Board for the architectural details of the gazebo and any exterior changes for the renovated church building at the northwest corner of the property, Building 6 on the site plan.  The proposed changes will be to the door areas only to provide two new entry doors which are ADA compliant in width.  Given that one of the original doors will remain, the new doors added should replicate the original one to the extent possible.  ARB is also to approve the nature of the repairs to the wall along Broadway.
11.     The addition of 92 parking spaces is approved with 19 of these spaces to be land banked as grass.  Of the remaining 73 spaces, 19 will be gravel and 54 will be eco pavers or other equivalent permeable surface approved by the Village Engineer.  The details regarding the surface are to be worked out by the Village Engineer and the applicant’s engineer.  The Village Engineer may determine that some of these 54 spaces cannot be permeable because of slope considerations.  At some time in the future the applicant may request of the Planning Board the use of some or all of the land banked spaces or the Planning Board on its own action might require their use.  Also in regard to parking, 15 of the 20 parking spaces now shown at the northern edge of the property adjacent to Lyndhurst will be moved to the rear of the property and the remaining five moved closer to the buildings they serve at the northwest corner of the property.
12.     The bluestone sidewalk needs to be repaired.  This sidewalk is to be restored using New York State cleft bluestone.
13.     The footpath provided will be approximately 4 ft. wide and will be pervious.
14.     Approval by the New York State Department of Transportation for the curb cut.
15.     Payment of any outstanding escrow fees before the granting of a building permit.
16.     Signing of the final site plan by the Planning Board Chair.

CONTINUATION OF PUBLIC HEARING - HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY – JARDIM ESTATES EAST – BROWNING LANE – SUBDIVISION

Chairman Friedlander stated this Public Hearing is being adjourned until the Board’s next meeting.  No one appeared to speak on the matter.

Mr. Aukland stated that under the provision of the Code of Ethics adopted by the Board of Trustees on February 2, 2009, he was recusing himself on this application.

CONTINUATION OF PUBLIC HEARING – FORDHAM UNIVERSITY – 100 MARYMOUNT AVENUE

Chairman Friedlander reported this Public Hearing is being adjourned.  No one appeared to speak on the matter.

CONTINUATION OF PUBLIC HEARING – LAKE STREET CONSTRUCTION – LAKE AVENUE SUBDIVISION

Mr. Richard Blancato, attorney for the applicant, stated Paul Petretti, project engineer, met with Mr. McGarvey at the site and reviewed possible scenarios to have houses located off the slope as much as possible.  They have an alternative where both houses are out of the steep slopes.  Mr. Petretti’s big concern is for the specimen oak tree.  With this plan that tree will not survive.  Mr. Petretti prepared a slight alternative which is to move one of the houses to take it away from the circumference of the tree, but it touches on a steep slope.  That steep slope is a manmade steep slope.  The houses are about 2,900 sq. ft., which complies with the code.  The disadvantage is there is a lot more rock excavation.  If the houses are taken out of the steep slope, there is more rock.

Chairman Friedlander stated at the work session there was discussion about bumping the house out.  Mr. McGarvey stated that could be done.  There would not be a full basement but there could be an area for the mechanicals.  

Mr. Blancato stated they are receptive to any of the options.  They need to know which option the Board prefers.

Mr. Aukland stated it is beginning to appear subdivision is possible, which is a very different situation from six months ago.  If a subdivision is approved, the Board will have to decide during site plan review whether it is better to trade some steep slope disturbance in order to have less rock removal.

Mr. McGarvey stated the elevation of the house needs to be determined.

Mr. Blancato stated Mr. Petretti has done some calculations and he does not believe it is a hilltop; however, he is still working on those calculations.

Mr. McGarvey stated the Board should have a site visit and the houses should be staked in the field.  Board members agreed and this will be done June 11th at 11:30 a.m.

Ms. Pat Riedel, owner of adjacent property, stated the whole hill is a rock hill.  The Village tried to widen the street but could not.  She questioned whether the applicant is being asked to address all the points from four years ago.

Mr. Tedesco stated four years ago the Board raised the issue of steep slopes, rock, drainage and the proposal given to the Board seriously disturbed the steep slopes.  The original proposal this time around was essentially the same proposal.  Since then the Board has been asking for a proposal that complies with the code and now changes have been made where the houses do not disturb the steep slopes but other issues will have to be addressed when the site plans are reviewed.

Ms. Riedel stated she is concerned about the rock outcropping.

Mr. Aukland stated there are a number of items the Board will need.

All agreed to continue the hearing at their next meeting.

TARRYTOWN CONFERENCE CENTER – COMPATIBLE USE PERMIT

Chairman Friedlander reported the Planning Board has been requested by the Board of Trustees to review a request by the Tarrytown Conference Center to allow conference centers in the OB District by Compatible Use Permit.  The Board has been discussing this matter at their work sessions and has met with Tarrytown Conference Center officials.  The Board is working on language for a resolution to send to the Board of Trustees and hopefully will have that prepared for the next meeting.

ADJOURNMENT

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 8:05 p.m.



Kathleen D’Eufemia
Secretary