Planning Board
Village of Tarrytown
Regular Meeting
November 23, 2009 7 p.m.
(The October meeting of the Planning Board was cancelled for lack of agenda items.)
PRESENT: Chairman Friedlander; Members Birgy, Tedesco, Aukland; Administrator
Blau; Building Inspector/Engineer McGarvey; Counsel Shumejda;
Secretary D’Eufemia
ABSENT: Member Raiselis
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the minutes of September 29, 2009, be approved as submitted.
PUBLIC HEARING – TARRYTOWN WATERFRONT, LLC
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 Monday, November 23, 2009, at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Tarrytown Waterfront, LLC
129 West Main Street
Tarrytown, New York 10591
To consider a lot line adjustment relating to the development of the RiverWalk.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 1, Lot 10 and is located in the Waterfront General Business District (WGBD).
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.
Mr. Michael Blau, Village Administrator, stated the Planning Board previously approved the subdivision of property to allow for the RiverWalk Park which is about one-half constructed. There was an area, however, where the developer constructed a sidewalk to allow for the access to the townhouses along the river. The sidewalk was on property that was to be conveyed to the Village for the RiverWalk. The funding partners (Scenic Hudson, Westchester County and the Village) met with representatives from National Resources (developer) to see how this could be addressed since the park would be losing about 5 ft. The developer agreed to provide additional screening between the park and the households and to provide additional property for the park. As a result, there will be even more park land than the 5 ft. that was
lost because of the sidewalk. All of the parties in the park development project agreed the end product will be beneficial to the RiverWalk, and felt they should come before the Planning Board for the lot line adjustment.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter. No one appeared.
Upon inquiry from Mr. Aukland, Mr. Blau stated this lot line adjustment in no way affects the building positions. It allows access to the buildings and access to the park.
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 lot line adjustment.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board approves the proposed lot line realignment for Lots 7, 8, and 10 of Hudson Harbor as shown on the Filed Map No. 27911 prepared by The Chazen Companies.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY (HSA-UWC) – JARDIM ESTATES EAST – BROWNING LANE
Chairman Friedlander reported this application has been adjourned. No one appeared to address the Board on this matter.
CONTINUATION OF PUBLIC HEARING (NEW NOTICE) – FORDHAM UNIVERSITY – 100 MARYMOUNT AVENUE (NEW NOTICE)
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 Monday, November 23, 2009, at 7:00 p.m. at the Municipal Building, 21 Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Fordham University
Bronx, New York 10458
To consider the application for subdivision of property located at 100 Marymount Avenue, Tarrytown, New York, into 6 lots as follows:
Proposed parcel 1 - ±723,413 s.f. (± 16.61 acres);
Proposed parcel 2 - ± 10,434 s.f. (±0.24 acres;
Proposed parcel 3 - ± 10,018 s.f. (± 0.23 acres);
Proposed parcel 4 - ± 10,725 s.f. (± 0.24 acres);
Proposed parcel 5 - ± 4,001 s.f. (± 0.10 acres); and
Proposed parcel 6 - ± 5,999 s.f. (± 0.14 acres).
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 the current residents (religious from the Religious of the Sacred Heart of Mary) to remain living in the residences and to create lots to reflect the location of the existing residential structures on the property.
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, attorney representing Fordham University, stated this is a six lot subdivision. The primary thing that has changed is the garage lot has been joined with Mr. Samoyedny’s lot. That decreased the proposed subdivision from seven lots to six lots. There have been some other minor lot line adjustments. A couple of variances will be required and they will pursue those.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter.
Mr. John Samoyedny, 73 Irving Avenue, stated he was not sure what his lot lines will be.
Representatives of Fordham and the Sisters of the Sacred Heart of Mary reviewed the plans with Mr. Samoyedny and the Board.
It was noted Mr. Samoyedny’s lines on the north and west will remain. The southern property line will be the fence between the two walkways.
No one further appeared to address the Board.
Mr. McGarvey noted a subdivision map will have to be prepared showing all the details.
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 impacts as a result of the proposed subdivision.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to approve the subdivision of property located at 100 Marymount Avenue into six lots denoted as follows:
Lot 1 – approximately 723,413 sq. ft. (approximately 16.61 acres)
Lot 2 – approximately 10,434 sq. ft. (approximately 0.24 acre)
Lot 3 – approximately 10,018 sq. ft. (approximately 0.23 acre)
Lot 4 – approximately 10,725 sq. ft. (approximately 0.24 acre)
Lot 5 – approximately 4,001 sq. ft. (approximately 0.10 acre)
Lot 6 – approximately 5,999 sq. ft. (approximately 0.14 acre)
Lot 5 links the garage to the existing home to create one lot.
This subdivision will allow the current residents (Religious of the Sacred Heart of Mary) to remain living in the residences and to create lots that reflect the location of the existing residential structures on the property.
The six lots are shown on the proposed subdivision sketch plan dated April 8, 2008, and last revised on October 30, 2009, prepared by John Meyer Consulting.
The following conditions will apply to the subdivision:
1. Sufficient area will be added on the south side of Mr. Samoyedny’s property (Lot 5) to provide for an adequate side yard setback for that side of the property.
2. For all lots:
(a) No additional structures will be added to the lots.
(b) The square footage of the existing homes cannot be increased except for Mr. Samoyedny’s lot (Lot 5).
(c) If the existing dwelling is destroyed or demolished, it cannot be replaced by one with a greater square footage (this condition will apply to all successors and assigns of the property.)
3. For lot 6:
(a) If one house is destroyed or demolished, it cannot be rebuilt.
(b) If both houses are destroyed or demolished, only one house can be constructed on the lot.
4. Fordham may transfer the Sisters and Mr. Lugari’s parcels; however, EF Schools will have the right of first refusal on the subsequent sale of any of these lots, except Mr. Samoyedny’s lot (Lot 5).
5. Approval by the Zoning Board for needed variances. The Planning Board strongly recommends the granting of these variances. The Planning Board has placed appropriate and sufficient conditions on the subdivision approval to ensure that the interests of all involved parties will be met.
6. Approval by the Village Engineer/Building Inspector.
7. Payment of any outstanding escrow fees.
8. Signing of the final subdivision plat by the Planning Board Chair.
CONTINUATION OF PUBLIC HEARING – LAKE STREET CONSTRUCTION – 2-LOT SUBDIVISION – LAKE AVENUE
Chairman Friedlander reported the Board at their work sessions has met with the applicant’s engineer. Revised plans have been submitted which conform to the zoning ordinance.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board sets a new Notice of Public Hearing on this application for January 25, 2010 subject to the applicant replenishing the escrow account before the January meeting.
ADJOURNMENT
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 7:25 p.m.
Kathleen D’Eufemia
Secretary
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