Planning Board
Village of Tarrytown
Regular Meeting
July 26, 2010 7 p.m.
PRESENT: Chairman Friedlander; Members Aukland, *Birgy, Raiselis, Tedesco;
Counsel Shumejda; Building Inspector/Engineer McGarvey; Secretary
D’Eufemia
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Mr. Aukland, that the minutes of June 28, 2010, be approved as submitted. Messrs. Aukland, Tedesco, and Friedlander assented. Ms. Raiselis abstained. Motion carried.
REQUEST FOR EXTENSION – LEGENDS AT WILSON PARK
Mr. John Hughes, attorney for Toll Brothers, Inc. stated his clients are contract vendees and will be purchasing the property on Wilson Park Drive which has preliminary subdivision approval. By letter dated July 1, 2010, Toll Brothers asked for an extension of the preliminary subdivision approval which is due to expire on August 23, 2010. They are requesting a six-month extension from the August 23rd date. The primary issue is getting water service up into the area and the Board of Health application is about to be filed. They are confident all other matters can be accomplished in sixty to ninety days.
*Mr. Birgy arrived.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that given that Toll Brothers, Inc. is now contract vendee under a contract with WCI Communities and desires an extension of the time for filing the final subdivision plat for the Legends at Wilson Park, the Planning Board extends the time for filing this final subdivision plat for the Wilson Park subdivision known as Legends at Wilson Park for six months from the date of the current extension which would be the date of the Planning Board’s February 2011 meeting (February 28, 2011.)
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY (HSA-UWC) – BROWNING LANE – SUBDIVISION
Chairman Friedlander reported the applicant has requested an adjournment until the Board’s next meeting. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their August meeting.
CONTINUATION OF PUBLIC HEARING – WAGNER – ONE ARCHER PLACE
Ms. Nicole Wagner stated they are continuing the public hearing tonight regarding their application for a two-story addition to their home. She wished to explain further their thoughts after their neighbors recommended the Board come to see their home and their views. In terms of the addition, they are asking for the first floor to come out 10-1/2 ft and the second floor to come out 8-1/2 ft. The south side, which is the side of the neighbors, would be flush. They have considered the Board’s suggestions. One was that they build a larger one-story addition but that doesn’t work for their family because they don’t want a master bedroom on the first floor, and it would also reduce the green space which they are trying to preserve for themselves, the neighbors and the community. They
don’t feel a large one-story addition would be aesthetically appealing. Going back farther would also require more variances. The two-story addition was thought out. Their bedroom is there now and this would just give them more functional space. Currently the rear of their house is not appealing, and they were hoping the design they proposed is aesthetically appealing. They understand some people don’t agree with that. They considered the neighbors from the beginning which is why they set the second story back and thought about the type of roof to put on that side in order to ease the mass. Her family wants to stay here and bring this home up to current standards. Currently their bedroom is about 10 ft. x 12 ft. with one small closet. The neighbors have a house that works well for them and her family is looking for a house that works well for them. They like the neighbors and want to continue to have a
comfortable relationship with them. They have considered coming back an additional foot on the second floor from 8-1/2 ft. to 7-1/2 ft. and rather than the south side being one flush wall, they are suggesting pushing it inward about 3 ft.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter.
Ms. Sadie McKeown, 3 Archer Place, stated the 1 ft. compromise doesn’t change the problems they have with this addition. She stated the Board visited and saw what this addition will do when looking out her daughter’s bedroom window – that would not change with a 1 ft. reduction. “We like the view that currently comes into that bedroom, and we feel that will impact the value of our house.” She noted they have always told the Wagners they would support a one-story addition.
Ms. Wagner stated all the houses in the neighborhood are in close proximity.
Ms. McKeown stated that is true but when they bought their house they had the view. When the Wagners bought this house they had two children and knew the situation of the house. “I understand they have changed their mind about what they want but that shouldn’t affect my view.” She stated with these homes you also need to preserve the architectural character of the neighborhood.
Ms. Raiselis stated if this application did not require variances, she would be more amenable to the project but the light plane is violated and the two-story addition is going to block the light, certainly in the morning. It seems there needs to be a compromise, which might be a one-story addition.
Mr. Birgy agreed stating the Board would like to make everyone happy but it doesn’t seem that can happen so the Board must be fair. They are not saying the Wagners can do nothing.
Mr. Tedesco agreed stating the desire to add space to the home is understandable, but the second story addition would be a significant adverse environmental impact with the interference with the light plane. He suggested the applicant could consider a first floor addition or an attic conversion with a master bedroom and bath.
Mr. Aukland agreed. He stated at the outset he felt the addition would improve the view from the Aqueduct. In the notes the applicant provided in February it was said the addition would not obstruct the neighbor’s views and sunlight but after the Board visited, he did not feel this was true.
Chairman Friedlander agreed. He asked the architect if only a bathroom were added on the second floor and the master bedroom, which exists, was not expanded how that would affect the light plane. Mr. Tancredi stated it would improve, it but he did not know how much.
Ms. McKeown stated they have tried to maintain the architectural integrity of their house. When they bought the house, other houses on the street already had one-story additions and that is what they proposed. They are willing to support the Wagners doing the same. She stated the Wagners have also done things that have degraded the architectural integrity of their house.
Chairman Friedlander stated the Board is obviously leaning toward rejecting the application in its present format. He stated the Board could vote tonight or leave the public hearing open and allow the applicant to consider alternatives.
Ms. Wagner requested the public hearing be kept open, and she would review the plans further with her architect.
Mr. Birgy stated it would be helpful to see a diagram with the neighbor’s house and what will be proposed for the Wagners’ house so the Board can see the proportions.
Mr. Tedesco noted if the Wagners considered a first floor addition, that space for now, while their children are young, could be a family room with a bath but in the future could become a master bedroom with bath.
No one further appeared to address the Board on this matter.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to continue the hearing at the Board’s August meeting.
PUBLIC HEARING – DRATTEL, CONTRACT VENDEES – 115 DEERTRACK LANE
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, July 26, 2010 at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Tedd and Debra Drattell (Contract Vendees)
1115 Crescent Drive
Tarrytown, NY 10591
To consider the application for a second floor addition to an existing residence and an 8’-6” x 12’-0” one-story breakfast room addition, at 115 Deertrack Lane in the Village of Tarrytown, New York.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29B, Block 127, Lot 44 and is located in an R10 (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.
Ms. Susan Riordan, architect, stated the existing house is one story, 1,250 sq. ft. They are proposing a second floor addition which will be 966 sq. ft. along with a one story breakfast room on the first floor. Upstairs there will be a master bedroom and bath and an office. With the addition the house will be similar in size to other houses in the neighborhood. This is the only one story house left in the neighborhood. They are getting rid of the concrete patio and concrete walks and replacing them with permeable pavers. No variances are required. One tree in the front will have to be removed but will be replaced with a native tree and any planting done will use native plants.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter.
Mrs. Stifel, 121 Deertrack Lane, questioned where the tree to be removed was located. Ms. Riordan showed her on the plans. She noted it is a 6” tree. Mrs. Stifel stated she had
no objection to the tree being removed but expressed concern about the shrubs between the properties. Mrs. Drattell stated if anything beyond pruning needs to be done with those shrubs, they would consult the Stifels about what would be done.
Mrs. Stifel stated the applicants are planning vinyl siding for the house and no other houses in this area have vinyl siding and she did not like that proposal. Board members noted that would be a matter to review with the Architectural Review Board.
No one further appeared to address the Board on this matter.
Upon inquiry from Mr. Birgy regarding energy conservation, Mrs. Drattell stated the property has a lot of trees. There are a lot of windows and skylights and Low E glass will be used.
Mr. Birgy questioned whether there would be anything additional in the walls. Ms. Riordan stated they will comply with State code. Mr. Birgy stated sometimes if that is increased, the return can be quite good.
Upon inquiry from Mr. Aukland, Ms. Riordan stated she had not submitted the streetscape which the Board had requested. Ms. Raiselis stated this could be a sketch as long as it is scaled. Mr. Aukland stated this should be provided for the file.
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 this project.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to approve the proposed second floor addition and one story breakfast room addition at the rear of the home at 115 Deertrack Lane subject to the following:
1. Approval by the Building Inspector/Village Engineer
2. Approval of a landscaping and screening plan by the Village Landscape Consultant. The plantings should be native species or non-invasive ornamentals.
3. Approval by the Architectural Review Board
4. The patios as well as all walks will be constructed of permeable pavers
5. Provision of a streetscape of homes on the street for completion of the file
6. Payment of any outstanding escrow fees prior to granting of the building permit
7. Signing of the final site plan by the Planning Board Chair.
PRELIMINARY PRESENTATION – HERGUTH (EXECUTOR) – 251 CREST DRIVE
Chairman Friedlander noted the applicant requested a public hearing on this matter be held at the Board’s August 23rd meeting rather than tonight, and the Board agreed to that request.
PRELIMINARY PRESENTATION – NEIGHBORHOOD HOUSE – 43 WILDEY STREET
Ms. Francesca Spinner, President of Neighborhood House, stated the lower level of the Neighborhood House over years was rented to the Even Start program (grant funded preschool program for approximately 15 children) until August 2009. The space has been vacant. They have been negotiating with another group that wants to put child care in that space. The Building Department has stated this is a permitted use; however, there is nothing in their files that showed the previous use had ever received site plan approval from the Planning Board. They have now made application to the Planning Board to continue the child care use for that space. There will be ten to fifteen newborn to 18-month old children and three to four employees. The other program had about the same number. The previous program ran from 9
a.m. to 3 p.m. and the proposed program will run from 8 a.m. to 6 p.m.
Ms. Raiselis questioned who regulates the program. Ms. Spinner stated the State of New York – and the Neighborhood House has agreed to do some upgrades.
Mr. McGarvey stated the use is permitted pending site plan approval. The use did exist in the past; however, there was nothing in Village records where the Planning Board gave that site plan approval.
In regard to the operating hours, Ms. Spinner stated those are the maximum hours. Not all children arrive and leave at the same time.
Mr. McGarvey stated the Village never had any complaints about traffic problems or noise issues when the previous program operated.
Upon inquiry, Ms. Spinner stated employees of this program will have to park on the street since the Neighborhood House does not have available onsite parking for this lower level space. She stated it never posed a problem in the past. Parents bringing and picking up children can pull into the lot.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board declares its Intent to be Lead Agency on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board sets a public hearing for their August meeting on this application.
PRELIMINARY PRESENTATION – EF SCHOOL – 100 MARYMOUNT AVENUE
The Board reported receipt of an E-Mail from John Kirkpatrick, attorney for EF School, requesting that the Planning Board schedule a public hearing for the August meeting to consider a lot line adjustment in regard to the recently approved subdivision for property owned by EF School.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board sets a public hearing for their August meeting to consider a lot line adjustment for property owned by EF School.
ADJOURNMENT
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 8:20 p.m.
Kathleen D’Eufemia
Secretary
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