Planning Board
Village of Tarrytown
Regular Meeting
November 22, 2010 7 p.m.
PRESENT: Chairman Friedlander; Members Aukland, Birgy, Raiselis, Tedesco;
Counsel Shumejda; Administrator Blau; Building Inspector/Engineer
McGarvey; Secretary D’Eufemia
APPROVAL OF MINUTES
Mr. Tedesco moved, seconded by Mr. Birgy, that the minutes of October 25, 2010, be approved as submitted. Mr. Aukland and Ms. Raiselis abstained. All others assented. Motion carried.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY – JARDIM ESTATES EAST – BROWNING LANE
Chairman Friedlander stated this matter is being adjourned. No one present addressed the Board on this matter. All agreed to continue the hearing at the Board’s next meeting.
CONTINUATION OF PUBLIC HEARING – WAGNER – ONE ARCHER PLACE
Ms. Nicole Wagner stated based upon the feedback received from the Board, they have revised their plans and are now proposing a one-story addition to accommodate the concerns of their neighbors. There are variances required but they have changed from those required for the two-story addition, and they have been highlighted on the plans. What was originally a two-story addition is now a one-story addition and the top floor has been taken away.
Mr. Frank Tancredi, architect, stated they took the two-story mass down to one story. It is open in the area where the two houses are close. They moved the kitchen to allow for the full bathroom on the first floor. They addition has been pushed 1 ft. farther into the side yard and it has been pushed farther from the neighbor’s property. If they receive the Planning Board’s approval, they will seek the required variances from the Zoning Board of Appeals.
Mr. Birgy thought they had discussed the possibility of a flat or hipped roof. Mr. Tancredi stated that did not work since they are proposing a cathedral ceiling in the kitchen; however, they have kept the mass farther away from the neighbor.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter. No one appeared.
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 public 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 house addition.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to approve the proposed house expansion at One Archer Place as shown on plans Revised 11/17/10 subject to:
1. Approval by the Building Inspector/Village Engineer particularly in regard to the adequacy of the storm water drainage provided.
2. Approval of landscaping screening plan by the Village Landscape Consultant. All plantings should be native species or non-invasive ornamentals.
3. Approval by the Architectural Review Board.
4. Approval by the Zoning Board of Appeals for any needed variances. Given that this application has the support of the Croton Aqueduct representative, the Historical Society and most of the neighbors as well as many other factors including the quality with the aesthetics of the proposed architecture, the proposed landscaping and screening plan using the Landscape Architect that has worked with the Historical Society, the creation of improved views from the aqueduct and the addition consists of essential basic rooms of modest size, the Planning Board determines the proposal has significant benefits for the neighborhood and Village and recommends the Zoning Board of Appeals grant the needed variances required.
5. Payment of any outstanding escrow fees before granting of the building permit.
6. Signing of the site plan by the Planning Board Chair.
CONTINUATION OF PUBLIC HEARING – EF SCHOOL/FORDHAM UNIVERSITY – 100 MARYMOUNT AVENUE
No one appeared on behalf of the applicant.
Counsel Shumejda stated the contract of sale had been submitted to him and it is consistent with the application.
Board members noted they needed a letter from the applicant withdrawing this application and stating they will be following the subdivision approval received in December 2009.
CONTINUATION OF PUBLIC HEARING – JARDIM ESTATES (EMERALD WOODS) – EMERALD WOODS AND GRACEMERE – SITE PLAN AMENDMENT
No one appeared on behalf of the applicant. Mr. McGarvey stated his office has not been contacted by the applicant. Chairman Friedlander requested they be advised to appear at the Board’s next meeting.
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, November 22, 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.
The certified mailing receipts were submitted.
Mr. Tedesco stated the only item for consideration tonight is the final subdivision approval. All site plan issues will be dealt with as the Board does the site plan reviews for each individual lot and they will be the subject of public hearings. This is essentially the same as the preliminary subdivision plan which was approved in May 2008.
Now there are new owners, Toll Brothers, who will be implementing this already approved subdivision plan.
Mr. John Hughes, attorney for the applicant, stated the benefits of this plan have been discussed over many years. Over 65% of the site will be preserved as open space. Trails and open spaces have been provided. There is protection of the view sheds. There is the provision of recreational aspects. There is the preservation of trees and hilltops. There are water improvements and drainage protection.
Chairman Friedlander stated when Toll Brothers comes in for site plan approvals, there will be site visits by the Board, which the public can also attend, and there will be public hearings.
Mr. Birgy stated the Board will need to take a close look at the roadway, particularly with concern for pedestrian safety. Chairman Friedlander stated the safety issue is paramount because there will be public parking and a soccer field at the bottom of the property.
No one appeared to address the Board on this matter.
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 subdivision.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the final subdivision plan for The Legends at Wilson Park subject to:
1. Approval by the Building Inspector/Village Engineer.
2. Compliance with all conditions in the preliminary subdivision approval except for the following additions/amendments to that approval.
(a) The applicant will coordinate with Consolidated Edison and other utilities in connection with utility lines to be installed on the premises to minimize impacts to existing trees to the extents practical. The applicant agrees that if any trees are damaged or lost as a result of the installation of any utility lines, the applicant will replace the lost trees with an equivalent number of trees of a similar species.
(b) The recreation fees will be paid by the Applicant prior to signing of the subdivision plat.
(c) The Applicant will furnish a title policy in favor of the Village upon the dedication of those portions of Wilson Park Drive.
(d) All easements required by the subdivision will be executed and recorded prior to the issuance of a building permit for a lot on which those easements are reserved by the final subdivision plat.
(e) In accordance with the Findings Statement, a covenant will be placed in each homeowner’s deed, in the miscellaneous documents of each property, and in the Homeowners’ Association Declaration that prohibits the use of phosphate fertilizers. Only organic, non-phosphate fertilizers may be used.
(f) The Applicant will employ best engineering and construction practices in association with the resurfacing of Wilson Park Drive to assure management of drainage is accomplished to the satisfaction of the Village Engineer, including that the paved roadways and fields will drain quickly and evenly.
(g) The Applicant will not construct any improvements on the adjoining parklands excepting for those for public use.
(h) The Applicant will coordinate with the local postmaster to insure that individual mailboxes are permitted.
(i) Review and approval of the Storm Water Pollution Prevention Plan (SWPPP) by the Village Engineer.
(j) Minimum lot requirements and minimum yard requirements for Lots 1 to 4 will be based on R-30 zoning . Minimum lot requirements and minimum yard requirements for Lots 5 to 14 will be based on R-40 zoning.
(k) Dwelling requirements for Lots 1 to 4, including maximum Floor Area Ratio, will be based on the underlying R-60 zoning. Dwelling requirements for Lots 5 to 14, including maximum Floor Area Ratio, will be based on the underlying R-80 zoning. (The Zoning Tabulation Sheet is attached to the Official Copy of these Minutes.)
(l) Given the following factors:
(1) The clustering provided in the subdivision proposal allows for over 65% of the property being designated as open space
(2) For most of the proposed homes, a large portion of the home will be significantly below road level
(3) Provision of a significant trail system
(4) The subdivision proposal was submitted before the most recent changes in the zoning code, with preliminary approvals having been given, and
(5) The applicant will be required to provide various mitigations in the individual site pan approval process – including landscaping measures – which will further reduce perceptions of height for these homes,
The Board approves that the average maximum height for the proposed homes will
be based on the post-development grade for the front and sides of the building.
(m) The steep slopes and the high ground provision for the proposed homes will be based on the underlying zone of R-60 for Lots 1 to 4 and R-80 for Lots 5 to 14.
(n) The Board approves a waiver allowing reduced lot width at front of the building for Lots 11, 13, and 14.
(o) The Board approves a waiver allowing for reduced minimum lot frontage for Lots 1, 3, 9, 11, 13 and 14.
(p) The Board approves the construction of driveways in the required yards on all lots as generally depicted on the approved final subdivision plans prepared by Kellard Sessions Consulting. These driveways are to be constructed of permeable pavers or other equivalent permeable surface as approved by the Village Engineer.
3. Signing of the final subdivision plat by the Planning Board Chair.
Mr. Aukland stated he hoped the Planning Board and the applicant could hold some work sessions, prior to the submission of site plans for the homes, to discuss environmental friendly construction and general construction issues.
Mr. Tedesco noted when individual site pans are submitted the Board will need a tree removal plan showing the nature, size and location of any tree to be removed. Any area of steep slopes, wetlands and wetlands buffer should also be shown on each individual site plan.
Ms. Raiselis stated they should also submit an elevation drawing from the street showing the street frontage with multiple frontage so everyone knows what is visible from the street.
Chairman Friedlander stated the architecture for each house needs to be shown.
Mr. Tedesco stated for each house there will be conditions that will apply to all the houses but there will be specific conditions for each individual lot.
PUBLIC HEARING – METROPCS NEW YORK, LLC – CELLULAR ANTENNAS AT 300 SOUTH BROADWAY
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 22, 2010, at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
MetroPCS New York, LLC
5 Skyline Drive
Hawthorne, NY 10532
For a Compatible Use Permit and Site Plan approval to install a wireless telecommunications facility on the rooftop of the existing building located at 300 South Broadway in the Village of Tarrytown.
The property is shown on the Tax Maps of the Village of Tarrytown as Block 0000, Lot P-33 and is located in an M-3 (Multifamily Residence) zoning 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. Tony Gioffre, from Cuddy & Feder, attorneys for the applicant, stated they are seeking approval to install a wireless telecommunications facility on the rooftop at 300 South Broadway, which is in an M-3, multi-family, zoning district. The proposal calls for flush mounting six panel antennas on the existing elevator penthouse. The antennas will not exceed the height of the top of the elevator penthouse and they will be painted to match the existing façade. The dimensions for each panel antenna are approximately 51.3” long by 11.8” wide by 2.7” deep. The associated equipment will be located in a secure room in the basement of the building. It will not be located on the roof. MetroPCS also proposes to mount a GPS antenna to the existing elevator penthouse. The coverage
area for these antennas will be 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. One study submitted was an emissions analysis. The worst-case scenario is 1.4% of the FCC MPE limit or more than 70 times below the limit established as safe for continuous human exposure to the RF emissions from antennas. Mr. Gioffre stated there are limitations the Federal Government places on municipalities in reviewing these applications. Congress has taken away the ability of local jurisdictions reviewing emissions as long as the carrier can demonstrate it meets the threshold.
Mr. Birgy questioned what the antennas do. Mr. Gioffre stated they send out a signal. They have provided the emissions analysis which is a Federal requirement. That has been reviewed by the Village’s Consultant as well. Mr. Gioffre stated this evening he was given a memo from the Village’s Consultant which asks for additional information which will be done prior to the next meeting. Mr. Gioffre stated if you took this facility and multiplied it by 10, it would still be significantly lower than the threshold promulgated by the FCC.
Mr. Tedesco stated it would be beneficial if the responses to the Village’s Consultant could be done in a timely fashion so the Board would have information to review at their January work session. Mr. Tedesco questioned whether there are other antennas on this building. Mr. Gioffre stated there are not.
Counsel Shumejda stated when Congress enacted the Telecommunications Act in 1996, they stated that no state or local government may regulate the placement, construction, or modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the commission’s regulations concerning such emissions. In other words, Congress has deemed this solely the province of the FCC. The Village of Tarrytown has no power to regulate emissions from any cellular provider in the Village of Tarrytown.
Mr. Tedesco questioned whether MetroPCS has looked at alternative sites. Mr. Gioffre stated they looked at the New York State monopole but it was determined these antennas
would overstress the base pole and the New York State Thruway did not want to entertain that. They contacted the Hudson Point Office at 330 South Broadway but the landlord was unresponsive. No other sites were deemed acceptable to cover this area. At the proposed site they can flush mount at a height that does not exceed the height of the structure.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter.
Mr. John Centifonti, 300 South Broadway, raised the following questions:
• Who are the antennas servicing? Is it a public cell site?
• What is the source of the power? It is a big draw on the building’s electricity. Will there be a generator?
Mr. Ken Biegeleisen, 300 South Broadway, a physician and scientist, stated everyone has heard rumors on the safety of these antennas but the fact is no one knows for sure if they are safe. He stated he reviewed much information on the internet and most of it says the antennas are safe; however, some says they are not. He stated it is questionable whether these antennas should be placed on the top of a residential building if not absolutely necessary. He stated this is a huge social experiment. Mr. Biegeleisen submitted some data he obtained from the internet and that has been made part of the official file.
Mr. Tom Caserta, 151 Carrollwood Drive and a member of Transfiguration Parish (next door to 300 South Broadway) stated there are school children with developing immune systems who use the play area next to this building. “We are possibly playing with these children’s lives.” Mr. Caserta stated he Googled “Cell Tower Emissions are Extremely Dangerous” and was very concerned about some of the information on that web site. One comment was that students who attend schools where cell towers are placed nearby, have a significant slowing or reaction time, difficulty concentrating and learning, mood swings and reduced memory. Mr. Caserta submitted data he obtained from the internet and that has been made part of the official file.
Ms. Monique Kozlowski stated her three children go to Transfiguration School. In their home they don’t use a microwave oven. There are too many unknowns about microwaves. The fact is there is no definitive risk to this and it should not be considered.
Ms. Carolina Molloy, 16 Sunhaven Court, stated her children attend Transfiguration School. She stated other locations – across the street or on Route 119 – should be considered. It should not be placed next to a school. These children are developing. The Transfiguration School parents are concerned.
Ms. Terry Fernandez, 19 Crest Drive, stated she has had three children graduate from Transfiguration School and she still has one going there. She felt a more responsive location needed to be found for these antennas.
Mr. Frank Demers, 40 McKeel Avenue, stated he was concerned about the proposed location since it is one of the most densely populated areas in Tarrytown. There are a lot of multi-family residences and a school with 220 children who use the outdoor playground every day the school is in session. The danger is uncertain. “We should be very careful and attentive to where we put a facility like this.” Mr. Demers noted there was a petition circulated in Transfiguration Church on Sunday and many signatures were received. “I would recommend to the Board extreme caution in making this decision and if possible, locate this facility somewhere else.”
Mr. Tedesco stated he is a physicist and has spent a great portion of his life studying radiation. Many studies show the FCC regulations are realistic but there are some studies saying that is not so. “I am disquieted about putting a facility like this next to a school. I would strongly say to the applicant find another location that is reasonably suitable and avoids putting this next to a school.”
Mr. Birgy questioned whether any governmental agency could approach the Thruway Authority about using their monopole. Mr. Blau stated if the applicant shares with the Village who they contacted, the Village would reach out to them.
Ms. Raiselis stated the children have to be protected and she agreed if there is another location, it would be prudent for the Village to assist in finding that.
Ms. Anna Pavacovich, 300 South Broadway, stated she is a new resident and has a 2-1/2 year old son. She stated she has read that children under 16 years old should not use cell phones. The United States standards are among the least protective in the world. “Maybe we can’t legally do anything, but we should be trying to protect our children.” She stated the 1.4% cited is at street level but on the roof it is 13.5%. No one knows what is really safe.
Ms. Lila Karim, 300 South Broadway, 6th Floor, stated if this is approved, she will move. “I wonder whether MetroPCS can guarantee the safety of my children.” Ms. Karim stated there is a child living on the 3rd floor who has leukemia and many older residents with health related issues.
Mr. Caserta stated he agreed with Mr. Tedesco’s comments.
Mr. Lee Paze, 300 South Broadway, 6th Floor, stated she is concerned for the residents of the building as well as for the school children. The residents are being sandwiched between the antennas on the roof and the equipment in the basement.
Ms. Pavacovich submitted the petitions from people opposed to this application.
Ms. Paula Mursell, The Quay Condominiums on South Broadway, stated she did not feel there was anything to be gained from this proposal.
Ms. Karim stated there were additional people who wanted to sign the petition and she would bring more signatures for the next meeting.
Ms. Aleshia Davis, 300 South Broadway, stated her children attend Transfiguration School. She noted a lot of Catholic schools are closing and if this application is approved, Transfiguration School may be the next one that closes.
Mr. Gerard Sinopoli stated he has two children who attend Transfiguration School. He questioned whether the representatives from MetroPCS would want this facility going next to their children’s school. He felt the community needed to be made aware that MetroPCS is a company that is proposing putting this facility next to a school.
Ms. Annette DeLuca, The Quay Condominiums on South Broadway, stated the MetroPCS representative said the Thruway Authority would not let them use their monopole and the people at 330 South Broadway were not responsive. If so many people from 300 South Broadway don’t want it, how did it get before the Board. They said one area this would help is Route 119 and there are a lot of office buildings on Route 119. Why don’t they look at those.
Mr. Donald Paul, a Trustee at Transfiguration Church, stated while MetroPCS is within their legal rights to pursue this application, they should have some sensitivity to this location. To place it in such close proximity to so many residences and a school does not make them a good neighbor.
Chairman Friedlander stated the Board has the consultant’s report and it will be put on the Village’s website. The consultant will receive additional materials from the applicant and the applicant has heard tonight’s comments. The issue about alternative locations is a serious one. The Board would encourage the applicant to look at every possible alternative and have a good reason why they are not acceptable.
Mr. Tedesco stated one of the requests of the Village’s consultant was alternative locations. That should be done showing what the exact coverage is for each of the alternatives.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the public hearing be continued at the Board’s next meeting.
HAPPY THANKSGIVING
Mr. Tedesco stated the Planning Board wishes everyone a very Happy Thanksgiving.
ADJOURNMENT
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 8:30 p.m.
Kathleen D’Eufemia
Secretary
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