Planning Board
Village of Tarrytown
Regular Meeting
October 25, 2010 7 p.m.
PRESENT: Chairman Friedlander; Members Birgy, Tedesco; Counsel Shumejda,
Building Inspector/Engineer McGarvey, Secretary D’Eufemia
ABSENT: Members Aukland, Raiselis
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Mr. Birgy, and unanimously carried, that the minutes of September 27, 2010, be approved as submitted.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION OF WORLD CHRISTIANITY (HSA-UWC) (JARDIM ESTATES EAST SUBDIVISION) – BROWNING LANE
Chairman Friedlander reported the applicant has requested this matter be adjourned to the Board’s next meeting. No one appeared to address the Board on this matter. All agreed to continue the hearing at the Board’s November meeting.
CONTINUATION OF PUBLIC HEARING – WAGNER – ONE ARCHER PLACE
Chairman Friedlander reported the applicant has requested this matter be adjourned to the Board’s next meeting. No one appeared to address the Board on this matter. All agreed to continue the hearing at the Board’s November meeting.
CONTINUATION OF PUBLIC HEARING – EF SCHOOL/FORDHAM UNIVERSITY – 100 MARYMOUNT AVENUE – LOT LINE ADJUSTMENT
Chairman Friedlander reported that the Board has been advised contracts have been executed and are being reviewed by the parties. They will be sent to the Village Attorney for review as well.
PUBLIC HEARING – LEGENDS AT WILSON PARK – WILSON PARK DRIVE – FINAL SUBDIVISION APPROVAL
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, October 25, 2010, at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Wilson Park Home and Land Company, LLC
Legends at Wilson Park
c/o Toll Brothers (Contract Vendee)
60 Merritt Boulevard, Ste. 100
Fishskill, NY 12524
For final subdivision approval of 48.1 acres located due east of Wilson Park Drive and directly south of County House Road in the Village of Tarrytown.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 5, Parcels P-59, P-63, P-63-B, P-64, P-65, and P-67-B and Sheet 4, Lot 12 and is located in R-60 and R-80 Residential Districts.
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.
Mr. John Hughes, attorney for the applicant, stated that unfortunately he made an error and failed to notice one resident by certified mail of this hearing. He apologized to the Board and any residents who came out tonight. He stated since the notice was defective, the hearing could not be held tonight. He stated he would re-notice the hearing for the Board’s November meeting.
Chairman Friedlander explained what is before the Board is final subdivision approval. The preliminary subdivision approval was received in 2008. There will be some minor changes and the Board will discuss those at the November public hearing.
Mr. Tedesco stated after the final subdivision approval, the applicant will need to submit site plans for each home and public hearings will be held on those site plans. The site plan detail work is yet to come.
PUBLIC HEARING – JARDIM ESTATES (EMERALD WOODS) – EMERALD WOODS AND GRACEMERE – SITE PLAN AMENDMENT FOR GUIDERAIL
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, October 25, 2010, at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Jardim Estates Subdivision
Holy Spirit Association –
Unification for World Christianity
4 West 43 Street
New York, NY 10036
For modification of the final subdivision approval regarding the guiderail at the intersection of Gracemere and Emerald Woods roads.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 29, Parcels 35A, 38, 38A, 40 and 42 and is located in an R-60 Residential District.
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. Jim Annicchiarico of Cronin Engineering stated they are requesting approval to reduce the length of the guiderail approved on the original subdivision plan from about 300 feet to about 100 feet. The original approval for the guiderail was a rustic type guiderail that is not something the D.O.T. accepts as typical design. They are asking to install a timber guiderail.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Peete Foster, Construction Manager, stated he has had discussion with residents in the rear and their preference is that there be no guiderail; however, the applicant feels the reduction from 300 ft. to 100 ft. is warranted. The 300 ft. would impact three sugar maple trees on the property and is unnecessary because it is a private road. The only place where someone could go over the edge is in this 100 ft. they are proposing. They were advised the oxidized railing is no longer acceptable. Although the neighbors in the rear want no railing; if there will be one, they would like the timber railing.
Mr. McGarvey stated the East Belvedere Road project is still not closed out. Although a different project, it is the same applicant. He requested if this guiderail amendment is approved, the Board condition it on no construction occurring until East Belvedere Lane is closed out.
Mr. McGarvey questioned whether the traffic engineer had submitted something in writing approving the reduction in the length of the guiderail. Mr. Annicchiarico stated he spoke with Mr. Canning from Adler Consulting and he will have him submit a letter to the Board.
Discussion followed about this project and the outstanding East Belvedere Lane matter. Counsel Shumejda stated East Belvedere Lane has never been dedicated to the Village and that has become a problem for residents there. Although the Village has been maintaining the road, without dedication the residents actually own the road. Those residents only have temporary Certificates of Occupancy because the road was never dedicated. Some have attempted to refinance, and the banks will not accept a temporary C.O. for refinancing purposes. He stated he has been in communication with the applicant’s attorney about this matter.
Upon inquiry, Counsel Shumejda stated there needs to be an offer of dedication to the Village, the applicant has to provide the Village with a deed conveying the road, and a title policy showing ownership of the road needs to be submitted. Mr. McGarvey stated the Board of Trustees also must accept the road dedication.
Chairman Friedlander stated a letter should be sent to the applicant and the applicant’s attorney saying that if the road is not dedicated, the Village will not maintain it in the future.
Mr. Foster stated the application before the Board tonight has nothing to do with East Belvedere Lane. These two separate subdivisions are being lumped together. If the guiderail amendment is not approved, then there will be two stalled subdivision projects.
Chairman Friedlander stated the church knows East Belvedere Lane is outstanding. The onus is on them to resolve that matter. He stated Mr. Annicchiarico and Mr. Foster should convey that message to the church.
Mr. Foster stated he was concerned about going through a winter without the guiderail. Chairman Friedlander stated the Board is not opposed to the amendment to the guiderail but before they approve it officially, they want the East Belvedere Lane situation resolved. If that is done by the November meeting, the Board will approve the guiderail amendment at that meeting.
All agreed to continue the hearing at the Board’s November meeting.
PRELIMINARY PRESENTATION – METROPCS NEW YORK, LLC – CELLULAR ANTENNAS AT 300 SOUTH BROADWAY
Mr. Tony Gioffre of Cuddy & Feder stated MetroPCS is a Federal Communications Commission licensed provider of next generation, digital wireless personal communications services. They have entered into a Communications Site Lease Agreement with Washington Irving Gardens Owners, Inc. to apply for approvals to install a wireless telecommunications facility, consisting of six panel antennas flush mounted on the existing elevator penthouse with associated unmanned equipment to be located in the basement of the existing building. By locating its facility on the rooftop of the existing building, MetroPCS seeks to provide wireless service to the Tappan Zee Bridge toll plaza, I-287, Route 9 north and south and Route 119 as well as the surrounding local roads in the vicinity of the proposal. An emissions
report has been submitted which shows this facility would be in full compliance with the guidelines of the FCC.
Mr. Tedesco moved, seconded by Mr. Birgy, and unanimously carried, that the Planning Board declares its intent to be lead agency on this application.
Mr. Tedesco moved, seconded by Mr. Birgy, and unanimously carried, that the Planning Board establishes an escrow account of $2,500 for this application.
Mr. Tedesco moved, seconded by Mr. Birgy, and unanimously carried, that the Board sets a public hearing for November 22, 2010, on this application.
ADJOURNMENT
Mr. Tedesco moved, seconded by Mr. Birgy, and unanimously carried, that the meeting be adjourned – 7:45 p.m.
Kathleen D’Eufemia
Secretary
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