Planning Board
Village of Tarrytown
Regular Meeting
August 23, 2010 7 p.m.
PRESENT: Chairman Friedlander; Members Aukland, Birgy; Counsel Shumejda;
Engineer/Building Inspector McGarvey; Secretary D’Eufemia
ABSENT: Members Raiselis, Tedesco
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 the September meeting.
CONTINUATION OF PUBLIC HEARING – WAGNER – ONE ARCHER PLACE
Ms. Nicole Wagner stated they have made significant cutbacks on their plans to open the light plane for the neighbor. The architect has prepared a drawing that shows this.
Mr. Frank Tancredi, architect, stated the changes occur on the second floor. The second floor addition now only comes off the building 4 ft. to allow a view corridor. They are not increasing the size of the existing master bedroom and have reduced the size of the new bathroom. Mr. Tancredi reviewed the view corridors with the Board.
Upon inquiry from the Chairman, Mr. Tancredi stated in their original submission, the second floor addition had been 10 ft. 6 in. and it is now proposed to be 7 ft. 6 in. The second floor addition had been designed to be 776.38 sq. ft. and it is now shown as 719.38 sq. ft. The proposed first floor addition has not been changed.
Mr. Tancredi stated they have shown on the plans that the proposed addition does not break the light plane. The existing structure breaks the light plane.
Chairman Friedlander questioned whether anyone present wished to address the Board on this matter.
Ms. Sadie McKeown, 3 Archer Place, requested an opportunity to review the revised plans since she has not seen them.
The Board agreed to recess this matter to allow Ms. McKeown time to study the plans and to return to it later in the meeting.
PUBLIC HEARING – EF SCHOOL/FORDHAM UNIVERSITY – 100 MARYMOUNT AVENUE – LOT LINE ADJUSTMENT FOR PREVIOUSLY APPROVED SUBDIVISION
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, August 23, 2010, at 7:00 pm at the Municipal Building, 21 Depot Plaza, Tarrytown, New York, to hear and consider an application by
Fordham University, Bronx, New York 10458, and
EF Schools, Tarrytown, NY 10591
To consider the application for subdivision of property located at 100 Marymount Avenue, Tarrytown, New York, into 6 lots as follows:
Proposed parcel 1 - ±725,039 sf (± 16.64 acres);
Proposed parcel 2 - ± 10,434 sf (±0.24 acres;
Proposed parcel 3 - ± 10,018 sf (± 0.23 acres);
Proposed parcel 4 - ± 10,725 sf (± 0.24 acres);
Existing parcel 5 - ± 2,375 sf (± 0.054 acres); and
Proposed parcel 6 - ± 5,999 sf (± 0.14 acres)
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 12, Parcels 31A, 73, 75, 77, 79, 81, 81A, 81C, 81D, 83, 85 and Sheet 13, Block 48 Lots 29, 31, 33 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 for Fordham, stated tonight she was submitting a slightly amended version of the maps previously submitted with this amendment application. The Health Department asked them to determine whether the water and sewer lines for Mr. Samoyedny’s lot (Lot 5) were entirely on his property. It was determined they were not, so a water and sewer easement is now shown on the plans. The subdivision previously approved subdivided out Mr. Samoyedny’s lot with the garage attached to that lot. That is not the case now. The garage is now attached to the large EF parcel. They are trying to legalize as much as possible what currently exists on the property.
Chairman Friedlander questioned whether anyone present wished to address the Board on this matter.
Mr. John Samoyedny, 73 Irving Avenue, questioned what this means for his property.
Ms. Wilson stated the property is not changing from what exists today but EF will grant Mr. Samoyedny an easement for his water and sewer lines.
Mr. McGarvey stated the plan shows Mr. Samoyedny’s water and sewer lines going under EF’s garage. He questioned how the Village could allow this.
Mr. John Kirkpatrick, attorney for EF School, stated actually there are two easements. In addition to the easement involving Mr. Samoyedny’s property, there is an easement for the Village’s sewer line which is partly on EFs property and partly on the Sisters property. Mr. McGarvey stated the Village would not want any patios or landscaping (which exist on the Sisters property) over a Village sewer line. There would have to be something written into the easement that the Village would not be responsible, if something happened to the line in the future, to replace patios or landscaping. Counsel Shumejda stated the easement could have that language.
Mr. Birgy questioned the purpose of the easement going under the garage. Mr. Kirkpatrick stated EF owns the garage. Mr. Samoyedny owns his property but when both were built, the water and sewer lines went under what became the garage.
Mr. Birgy questioned why it is a 5 ft. easement. He stated it would make more sense that it is one or two feet north of the garage. Mr. Kirkpatrick stated that could be done and the Board could grant conditional approval on that occurring.
Mr. Samoyedny stated he was uncomfortable with anything being approved involving his property until it could be reviewed by his attorney. Chairman Friedlander stated that was a fair request, and he felt the Village also needed to know whether the Sisters would agree to hold the Village harmless.
Counsel Shumejda stated there should be a review to ascertain whether there are any records about the sewer line in the area of the Sisters property. Mr. McGarvey stated it needs to be determined whether that sewer line was dedicated to the Village. In the absence of an easement, it is not owned by the Village. Counsel Shumejda stated if the sewer line is active and it connects to someone else’s home, then the Village should get the easement.
The Board agreed to continue the hearing at their next meeting and to further discuss this matter at their next work session on September 16th. At the work session the Board should be provided language for both easements.
CONTINUATION OF PUBLIC HEARING – WAGNER – ONE ARCHER PLACE
Ms. Sadie McKeown, 3 Archer Place, stated while she appreciated there was an effort made to decrease the size of the second floor addition, where there is now no house, there will be house. She stated she would like an opportunity to review these plans with an architect who can help her understand them better. She felt the Wagners could create a master bedroom and bath in their existing full attic. She noted her family has said from the beginning that they would fully support a single story addition. The Wagners want 2-1/2 baths but this is a small house. “I appreciate the effort, but it doesn’t go far enough for us. Our position is not changed. We think there are other options.”
Board members stated they also would like time to review these new plans and felt since two members are absent tonight, they too should be afforded the opportunity to review the revised plans.
All agreed to continue the hearing at the Board’s September meeting and invited the Wagners and Ms. McKeown to discuss this matter further at the Board’s work session on September 16th.
PUBLIC HEARING – NEIGHBORHOOD HOUSE – 43 WILDEY STREET – CHILD CARE PROGRAM
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, August 23, 2010, at 7:00 p.m. at the Municipal Building, 1 Depot Plaza, Tarrytown, New York, to hear and consider an application by Neighborhood House, Inc., 43 Wildey Street, Tarrytown, New York 10591, to consider the application for a preschool child care program in the lower level at the above property. This is a permitted use of the facility.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 3, Block 13, Lot 14. The property is in the M2 (multi-family) zoning district. Documents are available for inspection in the Planning and Zoning Office. All interested parties are invited to attend and be hard. 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. Francesca Spinner, President of Neighborhood House, stated for a number of years there was preschool child care at the lower level of Neighborhood House. It is part of what they do to maintain the facility as an independent not-for-profit. They are working with the Tarrytown YMCA to bring in a new program similar in size to the former program. Even though this is a permitted use, the Planning Board never officially approved that use. They are requesting to have another child care program. Last month there was some concern about traffic. They are not expecting children to be dropped off or picked up at the same times. That would be the same as when the Even Start program was there. There will also be three or four staff members which is the same as before. Ms. Spinner stated they are
willing to listen to any requests from the surrounding neighbors if there are any concerns. In the four years the program was there before, they never had any complaints from neighbors. They are hoping to continue that. The only difference in this program is the age range for the children. These children will be newborn to eighteen months. The children in the previous program went up to 4 years old. It is limited to 15 children.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter. No one appeared.
Chairman Friedlander stated at the Board’s work session they discussed traffic and parking. The Board determined if there was a problem, the only way it could be rectified is if Neighborhood House had to give some of its parking lot space to this use. Ms. Spinner stated they will be giving one parking space to this program but if there is a problem, they could probably give it another space. Chairman Friedlander stated it would be left up to the discretion of the Planning Board at the appropriate time, if a problem occurred. “We don’t anticipate a problem, but we would like the possibility of adding more onsite parking.”
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the Board declares itself lead agency on this application.
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the hearing be closed.
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the Board finds there will be no significant adverse environmental impacts as a result of this project.
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the Board adopts the following resolution:
WHEREAS, the applicant has made an application of an Infant Care Program at the building located at 43 Wildey Street;
WHEREAS, the applicant at this time is not able to provide the required parking on site because the applicant uses the building for other purposes;
WHEREAS, the building has been used for similar purposes in the past without parking and traffic complaints;
WHEREAS, the Board hereby approves the Infant Care Program subject to the following conditions:
1. The Planning Board will retain jurisdiction for a period of time not less than one year from the date the Infant Care program commences operations to review the impact of the uses at the building on traffic and parking;
2. The Tarrytown Police Department and the Building Inspector shall submit reports to the Planning Board one year after the commencement of the Infant Care Program;
3. The matter will appear on the Planning Board agenda one year after the commencement of the Infant Care program to review the reports on traffic and parking, and
4. If the Planning Board determines that the Infant Care Program together with the other uses at the building cause traffic and/or parking issues, the Planning Board may require onsite parking for the Infant Care Program and a site plan for traffic control.
PRELIMINARY PRESENTATION – HERGUTH (EXECUTOR) – 251 CREST DRIVE
Chairman Friedlander noted the applicant requested a public hearing on this matter be held at a future date rather than tonight. They are making plan revisions.
PRELIMINARY PRESENTATION – REFORMED CHURCH OF THE TARRYTOWNS – 42 NORTH BROADWAY – INSTALLATION OF TIFFANY WINDOW AND VESTIBULE
Ms. Ann Phillips, Elder of the Reformed Church of the Tarrytowns, submitted a photograph of the Tiffany window which was in the First Reformed Church in Sleepy Hollow. When the two churches merged, it was agreed the window would be relocated to the current Reformed Church of the Tarrytowns at 42 North Broadway in Tarrytown.
Mr. Jerome Kerner, architect, stated their intent is to take an area under an existing canopy and enclose the canopy in that 12 ft. section. There will be two entry doors on either side of the vestibule. The Tiffany window will be mostly appreciated from the inside. The parking for the church is in the back, and the window will be visible from that east side as well.
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the Planning Board declares its Intent to be Lead Agency on this application.
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the Planning Board sets a public hearing on this application for their September meeting.
APPROVAL OF MINUTES
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the minutes of July 26, 2010, be approved as submitted.
ADJOURNMENT
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the meeting be adjourned – 8:15 p.m.
Kathleen D’Eufemia
Secretary
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