Planning Board
Village of Tarrytown
Regular Meeting
September 29, 2009 7 p.m.
PRESENT: Chairman Friedlander; Members Raiselis, Aukland, Tedesco, Birgy;
Counsel Shumejda; Building Inspector/Engineer McGarvey;
Secretary D’Eufemia
WELCOME – MR. BIRGY
Chairman Friedlander welcomed Paul Birgy who has been appointed to the Planning Board by the Board of Trustees. Chairman Friedlander stated Mr. Birgy has extensive experience in developing homes in Tarrytown and the surrounding areas and has done beautiful restoration of old homes. He also served as a valuable member of the Irvington School Board.
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Mr. Aukland, that the minutes of August 24, 2009, be approved as submitted. Chairman Friedlander and Mr. Birgy abstained. All others assented. Motion carried.
PUBLIC HEARING – BUZAID – 51 LAKE AVENUE
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, SEPTEMBER 29, 2009, at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Christopher Buzaid
26 Central Avenue
Tarrytown, New York 10591
For site plan approval for property located at 51 Lake Avenue, Tarrytown, New York, for construction of a new single-family home.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 14, Block 54, Lot 59 and is located in an R7.5 (Single-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. David Robak, architect, stated the proposed house is two stories, 2,367 sq. ft. No variances are required. They will be using geothermal and solar power. All new hardscape uses will be permeable pavers. They have submitted sediment and erosion prevention details. A planting plan has been provided. Percolation tests have been done which had excellent results, and those will be provided to the Village Engineer.
In regard to the geothermal wells, Mr. Robak stated there will be three or four wells which will be about 150 ft. deep. They will provide heating and cooling. Upon inquiry from Mr. Aukland, Mr. McGarvey stated there are no issues with the geothermal wells, and in fact, the Village likes to promote this kind of use. There has also been some geothermal use in the waterfront project.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter.
Mr. Tom Coughlin, 60 Sunnyside Avenue, stated one of his concerns is the drainage and the adequacy of the drain at the bottom of the property. When the houses were built on Putnam Avenue, residents were told there would be no runoff but there is. Mr. Coughlin stated he wants to be sure there will be full capture of the water on the property and there will be no runoff onto the street. He also expressed concern about drilling. He noted with the houses on Putnam, the drilling went on 10 hours a day for six months. He questioned how much drilling was expected for the foundation. Mr. Robak stated they were hoping there would be none. Mr. Coughlin stated on a neighboring property on Union Avenue, the owners wanted to put in a pool but gave up because there was so much rock. Mr. Coughlin stated he is
concerned about the drilling and about the location of the solar panels.
Mr. McGarvey stated the solar panels can only go on certain facing of the roof. In this case they are facing away from Lake Avenue. Ms. Raiselis questioned what Mr. Coughlin’s objection would be to the solar panels. He replied that he did not feel most people would like looking at a large number of panels since they are not as attractive as roof shingles. Ms. Raiselis stated their gain should be balanced with the appearance.
Mr. McGarvey stated what Mr. Buzaid is proposing is drilling straight down 150 feet. What was performed on Putnam Avenue was hammering – not drilling. That rock started much higher and a lot of rock had to be taken out. Mr. Robak stated they have done test holes down 4 ft. and no rock was found. Mr. McGarvey noted drilling goes much faster and is much less noisy than hammering. The drilling would probably only take a couple of days. In regard to the drainage, he stated he will have to be sure there is no increase in runoff from what exists there right now. He noted he has not seen the percolation test, but he will review it to be sure it is satisfactory for the 25-year storm (5.7” of rain.)
Ms. Pat Riedel, 56 Lake Avenue, stated she is worried about the foundation. She asked what will happen if they go down and hit rock. Mr. McGarvey stated if that happens, they will have to hammer the rock. The time to remove it depends on how hard the rock is.
Mr. Robak stated the present owner of the property has said he brought a backhoe to the site several years ago and went down 8 ft. and didn’t find any rock. He stated if they did encounter some rock, he did not feel it would take more than a couple of days to remove it.
Ms. Riedel questioned how far back from the road the house will be located. Mr. Robak stated the porch will be 29 ft. from the property line and it is about another 10 ft. to the road.
Ms. Rose Rennert, 71 Lake Avenue, stated this is a dead end street and it is not wide. She lives at the dead end. She questioned what is planned to be sure residents can get in and out. Mr. McGarvey stated they cannot block the road even during deliveries.
Ms. Riedel stated people have had property damage including mailboxes being knocked over when deliveries are made on the street.
Ms. Raiselis stated she is sympathetic about the hammering concerns. She questioned what the residents’ recourse is if the hammering goes on and on. Mr. Robak stated the only way to determine if there is rock is to do test holes.
Mr. Birgy questioned whether there was any leeway on the elevation if rock were found. Mr. Robak stated there is not much but the owner has said he is willing to do a ½ basement if it becomes necessary. He stated they will do the test holes in a grid pattern.
Mr. Buzaid stated he has no intent to cause the neighborhood any stress. He stated he has been told by people that they don’t feel there is much rock on this property. “I am attracted to this lot because it is a quiet street. I don’t want this to be a big problem. We have tried to make it a friendly plan. We can’t know how much rock there is until there is digging. There were plans submitted in 1998 that had a basement. I have no intent to close the road or knock down anyone’s mailbox.”
Mr. Ken Roe, 40 Lake Avenue, stated there is a dirt culvert that is supposed to take the water going down the street. Someone filled the culvert in and the water goes into the street and into the north side of Lake Avenue. “I would like the Village to look at the culvert and see that it is maintained. I think that would solve a lot of the flooding problem.” Mr. Roe stated he and his family have no problem with the house that has been proposed.
Mr. Chris Coughlin, 171 Union Avenue, stated he lives directly behind this property. He expressed concern about drilling especially in light of the experiences with the houses on Putnam Avenue. He stated he is also concerned about the foundation of his house after there is drilling. Mr. Coughlin stated he is not overly concerned about the size of the house and he did not have a problem with the solar panels since he is in favor of going “green.”
In regard to the size of the house, Mr. McGarvey noted the Village recently revised the Floor Area Ratio so a house can be no bigger than allowed in the zone where it is located. In this case although the lot is 12,000+ sq. ft., the house can be no larger than the size allowed for a 7,500 sq. ft. lot since this is in an R-7.5 District.
The Board reported receipt of the following memo dated September 21, 2009, from Stephen Yarabek, the Village’s Landscape Consultant:
“Subject: Buzaid Residence – 51 Lake Avenue – The site plan dated 28 July 2009 by Robak Architecture should be amended to show the following:
1. Existing Maple to be protected at the southwest corner of yard as shown on the planting plan.
2. Heights of railroad tie retaining walls along proposed driveway and parking area. Note that the walls should not exceed 9” along pavement or along grade. Also a radius or chamfered edge should be provided where the driveway meets the parking area.
3. Architect should show how driveway and parking area storm water runoff will be ‘absorbed’ on the site.
The Planting Plan and tree protection measures dated 12 September 2009 by Landscape Architect Elizabeth Hand-Fry provides an attractive landscape design that meets the Village’s zoning requirements.
All landscaping shall be installed during the following planting periods prior to the issuance of a certificate of occupancy:
Spring – April 15 to May 15
Fall – September 15 to October 15
Once all planting is complete, the project Landscape Architect must certify, in writing, full compliance with the approved plan which will initiate the one full year warranty period.”
The Board reported receipt of the following memo dated September 28, 2009, from Stephen Yarabek, the Village’s Landscape Consultant:
“Subject: Buzaid Residence – 51 Lake Avenue – The revised site plans dated 25 September 2009 have met all areas of concern conveyed in my previous memorandums. Therefore, please be advised that the plans fulfill all landscape requirements of the Village.”
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 hearing be closed.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board determines there will be no significant adverse environmental impact as a result of this proposal.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the proposed construction of a one-family home at 51 Lake Avenue subject to:
1. Approval by the Building Inspector/Village Engineer particularly in regard to the adequacy of the storm water drainage plan proposed.
2. Approval of a landscaping and screening plan by the Village’s Landscape Consultant including compliance with all items in his memo of September 21, 2009, to the Planning Board. Plantings should be native plants or non-invasive ornamentals. A detailed tree protection and tree preservation plan is to be approved by the Village Landscape Consultant.
3. 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 planting of multiple trees approved by the Village Landscape Consultant or payment of the appraised value of the trees to the Village Tree Replacement Fund will be required.
4. The driveway and turning area will be permeable pavers as approved by the Building Inspector/Village Engineer.
5. The applicant will do test pits for rock on the site and notify the Building Inspector if rock needs to be removed and how much rock. If hammering of rock during construction is necessary, vibration sensors will be placed on adjacent properties to identify any possible adverse effects to the foundations of those homes. Also, if it is determined the hammering of rock is necessary, the applicant shall video tape the adjacent homes’ foundations from inside and outside the homes before and after the hammering in order to identify any adverse effects to the foundations of those homes. If such adverse effects are found, construction shall cease and the matter shall be brought back to the Planning Board for resolution.
6. Given that Lake Avenue is a narrow street with a dead end, the construction vehicles are not to interfere with the safe, normal use of the street by its residents, and if needed, by fire apparatus. Such vehicles will be permitted to load and unload building materials on the site but not park on the street for protracted periods. It is the applicant’s responsibility to monitor this.
7. Approval by the Architectural Review Board
8. Payment of any outstanding recreation or escrow fees prior to the granting of a building permit.
9. Signing of the site plan by the Planning Board Chair.
CONTINUATION OF PUBLIC HEARING – HSA-UWC – JARDIM ESTATES EAST – SUBDIVISION – BROWNING LANE
Chairman Friedlander stated this matter is being adjourned at the request of the applicant. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at the Board’s next meeting.
CONTINUATION OF PUBLIC HEARING – FORDHAM UNIVERSITY – 100 MARYMOUNT AVNUE – 7-LOT SUBDIVISION
Chairman Friedlander stated this matter is being adjourned at the request of the applicant. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at the Board’s next meeting.
CONTINUATION OF PUBLIC HEARING – LAKE STREET – 2-LOT SUBDIVISION – LAKE AVENUE
Chairman Friedlander stated this matter is being adjourned at the request of the applicant.
Ms. Pat Riedel, Lake Avenue, stated this matter has been continued for many months and she questioned the status of this application. Mr. Tedesco noted the Board has been requesting a plan that is fully zoning compliant and although revisions have been submitted that are close to that, there still has not been a fully compliant plan submitted.
Chairman Friedlander stated the Board has written to the applicant’s engineer stating if those plans are not submitted in time for the Board’s October work session, this matter will be removed from the Board’s agenda in October.
RECOMMENDATION TO THE BOARD OF TRUSTEES RE AMENDMENT TO ZONING CODE TO ALLOW CONFERENCE CENTERS IN OB DISTRICT SUBJECT TO ISSUANCE OF COMPATIBLE USE PERMIT
Chairman Friedlander stated the Board has been reviewing with the Village Attorney a proposal to allow conference centers in Office Building Districts subject to the issuance of a compatible use permit and at this time is ready to make a recommendation to the Board of Trustees.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board recommends to the Board of Trustees an amendment to Section 305-34 entitled “Office Building OB Zone” of the Tarrytown Zoning Code, Section 2. A. Permitted principal uses as follows:
(7) Conferences centers. No conference center will be permitted within the OB Zone unless a compatible use permit is obtained from the Village of Tarrytown Board of Trustees. A conference center for the purposes of this section shall mean a hotel, motel or inn which provides meeting rooms, recreation facilities and/or dining facilities which may be open to the general public for catering activities. Furthermore, any compatible use permit for a conference center will have the following conditions:
[a] At least 60% of the meeting space shall be dedicated as "single purpose conference space" to be used exclusively for meetings, retreats and conferences. This space is not to be used for ancillary food and beverage functions of a social or public nature;
[b] At least 60% of the total revenue from guest rooms, meeting space, food and beverage, conference technology (audio and video) and conference services shall be derived from corporate conferences, retreats, association and other group activities;
[c] The average conference group shall be 75 or less participants;
[d] The conference center shall offer and actively promote package plans which includes conference rooms, guest rooms, three meals, continuous refreshment services, conference services and conference technology;
[e] The conference center shall have dedicated conference rooms which are separate from the living (guest room), dining and leisure areas and, said conference rooms shall contain unobstructed interior views;
[f] The conference center shall have at least one dedicated conference room which contains a minimum of 1,000 sq. ft. and three additional dedicated conference rooms which do not have movable walls;
[g] The conference center shall have a staffed business services desk and shall host upper-level management meetings and "educational and training" seminars;
[h] All guest rooms shall be separate from the conference and leisure areas;
[i] The conference center shall maintain central refreshment break stations separate from traditional dining rooms and/or restaurants for all conference attendees and these are to be located in fixed general access areas for multiple/different conference events;
[j] The conference center shall maintain at least 1000 square feet of natural features per guest room. Natural features shall include but shall not be limited to landscaping, gardens, lawns, trees, shrubbery, plantings and/or such items of a
natural quality. These areas should be readily accessible for guests of the conference center.
ADJOURNMENT
Mr. Birgy moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 8:05 p.m.
Kathleen D’Eufemia
Secretary
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