Planning Board
Village of Tarrytown
Regular Meeting
March 28, 2011 7 p.m.
PRESENT: Chairman Friedlander; Members Aukland, Birgy, Raiselis; Administrator
Blau; Counsel Shumejda; Building Inspector/Engineer McGarvey;
Secretary D’Eufemia
ABSENT: Mr. Tedesco
APPROVAL OF MINUTES
Mr. Aukland moved, seconded by Mr. Birgy, that the minutes of February 28, 2011, be approved as submitted. Chairman Friedlander abstained. All others assented. Motion carried.
PUBLIC HEARING – JCC-ON-HUDSON – 371 SOUTH BROADWAY
*Chairman Friedlander recused himself on this application. Mr. Aukland chaired this portion of the meeting.
Mr. Aukland 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, March 28, 2011, at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
JCC-on-the-Hudson, Inc.
371 South Broadway
Tarrytown, NY 10591
To consider the application to expand and renovate the existing GM Training Center and JCC buildings to become the new JCC-on-the-Hudson Community Center, and site improvements. The property is located at 371 South Broadway in the Village of Tarrytown.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 24, Lots P3D, P3F, P3F2, & P3F3 and is located in a LB (Limited Business) 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.
Mr. Frank Hassad, Execuitve Director of the JCC, stated they are looking to create a full service community center and combine the properties at 425 South Broadway (former General Motors Training Center) and 371 South Broadway (JCC property). They have completed a traffic study, an arborists’s report, a response to Mr. Yarabek’s memo, impervious surface calculations, and a view of elevations from South Broadway. They have also entered into a parking agreement with DoubleTree Hotel and they have a letter from a sister agency of a similar size with their comments in regard to parking.
Ms. Sandy Mintzes of Peter Gisolfi Associates, architects for the project, reviewed drawings with the Board. She stated the former GM Training Center property is to the south of the JCC property. A portion of the existing GM building will be demolished and they will be adding a swimming pool with a gymnasium and locker rooms. The existing space will be renovated. In the existing JCC building they are creating an early childhood center. A campus will be created with the two buildings. Entry will be from the north. There will be a parking lot behind the GM building and a parking lot to the south of the campus. To the west of the parking lot there will be a play field. Exit will be to the south of the campus. There will be green space in the center of the campus. The amount of
impervious surface on the site will be decreased. The new addition will be set back 400 ft. from Broadway. Ms. Mintzes presented an elevation drawing showing how the campus would look from Broadway. She noted the bulk of the building will not be seen. There will be street trees added along Broadway, sidewalks will be cleaned up and the play area will be screened. From Paulding Avenue the General Motors building can hardly be seen. It will be 180+ ft. back from Paulding Avenue.
Mr. Ronen Wilk, Landscape Architect with Peter Gisolfi Associates, stated Mr. Yarabek’s first point was about the assessment of the existing trees on the site. They have identified the trees on the site and given a rating to each of the trees. The majority of the trees are in the lower rating as to their viability. The second point was about the setbacks. On the north and west side of the site they are not changing the setbacks. On the south side they are increasing the buffer. They have entered into an agreement with DoubleTree for shared parking so they are looking to that buffer as a median. There is space to plant trees and create a landscape buffer. In regard to the third and fourth points in Mr. Yarabek’s memo, street trees along Broadway will be provided and sidewalks along
Broadway will be improved. The total existing impervious surface is 171,000 sq. ft. and that will be decreased to 158,000 sq. ft.
Mr. Aukland noted there had been some discussion about possibly having a tennis bubble. Mr. Hassad stated they are still considering that concept and if it is done that will increase the impervious surface by about 12,000 sq. ft., which would bring it back to approximately the existing square footage.
Mr. Hassad stated John Canning of VHB Engineering had submitted the traffic study which basically said the added traffic would be negligible. Mr. Hassad stated the one issue they are still working on is the drainage plan.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter.
Ms. Carole Griffiths, 251 Martling Avenue, Chair of the Environmental Advisory Council, stated the Village of Tarrytown has pledged to reduce its energy emissions by 12% in 2012 and by 20% in 2020, and the applicant should be mindful of this in their designs. In regard to open spaces, they should be meadows or something more conducive to wild life. Ms. Mintzes stated they are very concerned about the footprint of the building and how it will effect the environment. They will tighten it up and make it as energy efficient as much as possible. They are exploring geothermal heating and cooling. There are shed roofs which have the potential for solar collectors. Cost is an issue, but they will look at rebates and potential grants from various agencies. They always use native plantings. They
don’t intend to have manicured lawns but there will be a play field.
Mr. Aukland stated it would be helpful if the applicant could provide an actual energy cost per square footage projection. Ms. Mintzes stated they should be able to provide that but at this point it may be a little premature.
Mr. George Gasparini, Paulding Avenue, stated the JCC has been a good neighbor and they have met with neighbors and asked their opinions. Mr. Gasperini stated he has a little concern if there is overflow parking from DoubleTree because his front window would look onto the JCC’s parking lot. Trees should be planted. He noted when the GM building was put up there was a buffer, and there was a gate for emergency exit. He would like to see that area kept green. In regard to lighting, there should be lighting to keep people at the JCC save; however, there should not be spotlights. There has never been garbage on the outside and he would be against a compactor or a squared off container for garbage. “I am proud to have the JCC as a neighbor.”
Ms. Raiselis questioned whether all the trees in the play area needed to be removed. Mr. Hassad stated the ball field will require clearing. They need the ball field (for baseball, soccer, etc.) to support their day camp.
Ms. Raiselis stated they should tag the trees on the plan that are considered worth preserving.
Ms. Mintzes stated they are adding trees where there are none. The edges of the play area will be planted. Trees have also been added in the parking area.
Mr. Birgy questioned whether a decision has been made on the glass. Ms. Mintzes stated they are just beginning design development, and they will be looking at that. Mr. Birgy questioned whether they have considered passive solar. Ms. Mintzes stated they are looking at the solar mass of the building.
No one further appeared to address the Board on this matter.
Mr. Aukland thanked the applicant for the material that has been provided. He requested that Mr. Canning be requested to attend the next meeting to review the traffic report with the Board.
All agreed to continue the hearing at the Board’s April meeting.
Chairman Friedlander returned to the meeting.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY – (HSA-UWC) – JARDIM ESTATES EAST – 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. All agreed to continue the hearing at the Board’s April meeting.
CONTINUATION OF PUBLIC HEARING – JARDIM ESTATES (EMERALD WOODS) – EMERALD WOODS AND GRACEMERE – SITE PLAN AMENDMENT
No one appeared on behalf of the applicant. No one appeared to address the Board on this matter. The Secretary was advised to instruct the applicant that if no additional information is submitted for the Board’s next meeting, this matter will be removed from the Board’s agenda in April.
CONTINUATION OF PUBLIC HEARING – METROPCS NEW YORK, LLC RE 300 SOUTH BROADWAY
Mr. Anthony Gioffre of Cuddy & Feder, attorney for the applicant, stated since the last meeting they responded in a letter dated March 17, 2011, to the additional items from the Village’s consultant in his letter of March 16, 2011.
In regard to the two locations discussed at the last meeting:
303 South Broadway – MetroPCS did reach out to the management company for 303 South Broadway on several occasions. They followed up the day after the last Board meeting. MetroPCS did not receive a response back from the management company. It is their understanding the management company for 303 South Broadway was not interested in leasing space to a carrier that required a three sector site design with multiple antennas per sector.
New York State Thruway Tower – MetroPCS began pursuing the tower in July 2008 to no avail. Mr. Blau also contacted the New York State Thruway Authority and was
advised they have instituted a moratorium and are not entertaining any wireless carriers in that location.
Mr. Greg Sharp, Radio Frequency Engineer for MetroPCS, stated that based on a letter from the Village’s Consultant dated March 24, 2011, the only outstanding item was Item 5 which dealt with discrepancies remaining between the Antenna Site FCC RF Compliance Assessment and Report and the information supplied by the RF Engineer.
Mr. Sharp stated the FCC compliance reports are very conservative and assume a worst case scenario. Mr. Sharp stated he spoke with Mr. Cooper and explained that the difference between the FCC compliance report and his RF date is due to the FCC compliance report being as conservative as possible. The FCC report uses a higher gain antenna. The actual antenna that will be installed will be smaller with lower gain. His report also showed the use of 3 channels which MetroPCS is currently using whereas the FCC report assumed all 7 available channels being used. This is why the RF data and FCC compliance reports will not match up 100%.
Chairman Friedlander questioned when all the channels would be used at once. Mr. Sharp stated that would only happen in a very high traffic area. Throughout Westchester they use one channel and in the Bronx and Brooklyn they use two.
Mr. Birgy questioned whether any MetroPCS employees were present this evening. Mr. Gioffre stated there were two people in attendance.
Chairman Friedlander questioned whether anyone wished to address the Board on this matter.
Mr. John Centifonti, 300 South Broadway, stated he has only heard mention of two alternative sites. Mr. Gioffre stated their report shows that they explored 222 Martling Avenue, 400 Benedict Avenue, the Village’s water tower in the South End, 19 South Broadway, 150 White Plains Road, 120 White Plains Road, 555 South Broadway, 200 South Broadway, and 50 Prospect Avenue.
Ms. Patricia Paze, 300 South Broadway, stated at a previous meeting someone had suggested erecting a cell tower in open space. Mr. Gioffre stated new towers are not favored by the code requirements. There also is no open space in the immediate area to meet their coverage requirements.
Mr. Birgy stated there are hundreds of people in the community who are concerned about the antennas next to a school. Based on those concerns, MetroPCS should make an effort to accommodate the community to some extent. That is corporate responsibility. There is no question they can do – it is whether they should do it.
Mr. Gioffre stated they have been looking for a location since July 2008. They spent a lot of time and have done due diligence. They have gone back to 303 South Broadway on several occasions. They have technical limitations.
Ms. Raiselis stated the first step in selecting a location should be to meet with the community to establish a priority list.
Ms. Caroline Molloy, Sunhaven Court, submitted to Mr. Gioffre a petition containing 402 signatures from people opposed to this proposal.
Ms. Joan Messner, 300 South Broadway, stated the Board had requested MertoPCS investigate alternative sites. Mr. Gioffre stated they have submitted documentation of all the sites they reviewed.
Mr. Lee Paze, 300 South Broadway, stated he lives on the top floor and strongly urged the Board to reject this proposal on the ground of aesthetics and historical integrity. This building is Washington Irving Gardens. It reflects the historical legacy of this Village. This building is in a very high visibility area. It is prominently located on Route 9. The building can be seen as you drive over the Tappan Zee Bridge.
Mr. Alex Swab, 300 South Broadway, stated of the 8 statements by Mr. Cooper only 3 were clarified. Mr. Gioffre stated Mr. Cooper’s March 24 letter addressed Items 1, 3, and 4. Mr. Sharp tonight, and via conversation with Mr. Cooper, addressed No. 5. Item 7 is a matter of site plan approval and Item 8 is a part of the building permit process.
Mr. Tom Caserta, 151 Carrollwood Drive, stated this situation needs to be discussed from morality and corporate ethics. There are children at Transfiguration School who will be exposed for eight or nine years. “I would implore this corporation to reconsider this application and I would ask the Board to reject this and persuade this corporation to find another site.”
Ms. Lila Karim, 300 South Broadway 6th Floor, stated she is concerned about the safety of the people living on the 6th floor and also for the building employees who must go up on the roof of the building. She stated she also heard people need to wear special equipment if working near the antennas. She stated it is also a shame to put these antennas on this beautiful building.
Mr. Birgy questioned whether there is any precedent for rejecting antennas based on aesthetics. Counsel Shumejda stated there is not.
Mr. Birgy questioned whether they could create a system with smaller antennas. Mr. Gioffre stated in terms of their technology, they require six antennas. The antennas are limited to the frequency that is used. Smaller antennas need more sites. In this case it cannot be done. They have a site north and one south so this is the final site to complete
the network. The compliance report at the roof level has been done. Someone can be there 24/7 and no special equipment is needed.
Ms. Lianne Bloom, 222 Martling Avenue, stated she would like MetroPCS to write a letter to the parents of students at Transfiguration School assuring them that this will not affect the health of the children at the school.
Ms. Raiselis questioned whether the Board is required to vote yes on this application. Counsel Shumejda stated the Congress of the United States in 1996 enacted the Telecommunications Act which 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. The federal law is the law of the land, and this Board cannot deviate from that, and if they did so, they would be sued and sued for damages.
Ms. Raiselis stated she did not understand why the Planning Board was being asked to vote. It seems where the protests have to go is to the federal government. People have to send letters to their representatives because they are the ones who made this determination.
An eighth grade student at Transfiguration School stated he has been at the school since kindergarten and this will be his last year; however, a lot of the kids will be at the school for eight or nine years and these antennas could pose problems for them.
Ms. Monique Kozlowski, 38 Heritage Hill, stated she has three children at Transfiguration School, and there is no proof these antennas are truly safe. This company had no idea about the concerns of the community. Everything this corporation has done was legally correct but was it the morally correct thing to do.
Mr. Roger Rooney, Carrollwood Drive, stated he has two children at Transfiguration School. He stated he understood there is not much the Board can do but the people should refuse to use MetroPCS.
Mr. Tom Caserta stated he understood the legality of the situation but if an inordinate number of children at the school or residents at 300 South Broadway become ill with radiation sickness, this company knows they won’t be held liable.
Ms. Carolina Molloy stated she heard there is a legally binding contract with the owner of 300 South Broadway that won’t allow him to recant. She asked why MetroPCS would enter into such a contract. Mr. Gioffre stated they have to enter into a binding lease agreement in order to have the standing to file an application with the Board.
Upon inquiry, Counsel Shumejda stated there is a timeframe for municipalities to review these applications. That has expired but the applicant has extended it until tonight.
Neil Kozlowski, a student at Transfiguration School, stated Transfiguration School is a School of Excellence and he would hate to see the students be affected by these antennas.
Mr. John Centifonti questioned whether MetroPCS was aware that the basement at 300 South Broadway is prone to flooding. Mr. Gioffre stated they will review it as part of the construction process.
No one further appeared to address the Board on this matter.
Mr. Aukland moved, seconded by Mr. Birgy, that the hearing be closed. All assented with Ms. Raiselis stating she was doing so under protest.
Mr. Aukland moved, seconded by Mr. Birgy, that the following resolution be adopted:
WHEREAS, MetroPCS New York LLC has submitted applications 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, and
WHEREAS, MetroPCS New York LLC is a Federal Communications Commission licensed provider of next generation, digital wireless personal communications services, and
WHEREAS, the proposed wireless facility will consist of flush mounting six panel antennas on the existing elevator penthouse and the proposed antennas will not exceed the height of the top of the elevator penthouse and will be painted to match the existing façade, and
WHEREAS, MetroPCS New York LLC seeks to install its associated unmanned equipment necessary to operate its facility within an approximately 13’ by 15’ equipment room in the basement of the existing building, and
WHEREAS, the applicant and the Board’s consultant Walter A. Cooper have provided additional documentation and information to address the concerns and comments of the
Planning Board as stated in prior hearings as well as those noted in the four reports submitted to the Board by Mr. Cooper, and
WHEREAS, Section 704 of the 1996 Telecommunication Act provides that “no state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental
effects of radio frequency emissions to the extent that such facilities comply with the (FCC) Commission’s regulations concerning such emissions.”
NOW THEREFORE BE IT RESOLVED, that the Compatible Use Permit and Site Plan applications of MetroPCS New York LLC are hereby approved subject to (1) the submission to and the approval by the Village of Tarrytown Building Inspector/Village Engineer of the following: detailed construction plans, safety protocol/access plan, structural improvement plan of the elevator shaft described by James Murawski in his memorandum of August 4, 2010 to MetroPCS; (2) the submission to and approval by the Planning Board of an agreement and bond pursuant to Section 305-98 of the Village of Tarrytown Code; (3) the approval of the Architectural Review Board; (4) the payment of any outstanding escrow fees prior to the signing of the final site plan and, (5) the signing of the final site plan by the Planning Board Chairman.
The Board was polled. Chairman Friedlander and Mr. Birgy assented. Ms. Raiselis and Mr. Aukland assented under protest. Motion carried.
PRELIMINARY PRESENTATION – TOLL BROTHERS – WILSON PARK DRIVE – SITE PLAN FOR LOT 9
Mr. James Fitzpatrick, Assistant Vice President for Toll Brothers, presented plans for a new single family home on Lot 9 at The Legends at Wilson Park. The house will be on the east side of Wilson Park Drive at the intersection with County House Road. This is the first site plan for the development and the house will be used as the model home. The house will have a modest sales staff (probably 2 people) and the sales office will be in the three-car garage space. Four parking spaces are being shown but an additional gravel area could be provided in the lot across the street if it should be needed. The house is approximately 6,000 sq. ft. An elevation of the house was presented. The distance of the house from the road is about 80 ft. from the bend and about 44 ft. from the closest point.
Mr. Birgy noted there has been discussion about a green building concept. Mr. Fitzpatrick stated the Board has talked about educating the buyers about green upgrades. There needs to be a true value and return on investment for the buyer. Toll Brothers will be making three or four bundles of upgrades. This would equate to a certain energy rating on the home and they could tell the purchaser the savings that would be generated each year. Mr. Fitzpatrick noted he has volunteered this project to be the pilot for Toll Brothers.
Mr. Birgy stated he had a copy of a survey from the National Association of Home Builders which was a special study for housing economics of what a new home would look like in 2015. He noted he had provided Mr. Fitzpatrick with a copy of this survey.
Mr. Birgy stated this survey noted that the current housing downturn has affected the number of homes built each year and projected how new homes will evolve. The findings were that the average new single family home would be smaller with more green features. Traditional living rooms will vanish and a great room will be in the new home.
Mr. Birgy stated personally he would like to see this development more energy efficient because this country is facing an energy crisis.
Mr. Fitzpatrick submitted a copy of a Home Profile (from Home Energy Calculator) based on a 5,000 sq. ft. home showing energy calculations. Board members stated the calculations are very low.
Ms. Carole Griffiths, Martling Avenue and Chair of the Environmental Advisory Council, questioned the viability of a 6,000 sq. ft. home in today’s market. She also expressed concern about lawns and fertilizers associated with those lawns going into the lakes. She stated there should not be packages for “green” – the best should be incorporated into all the homes. “I would like to see more specifics about the energy efficient methods that will be used.” Mr. Fitzpatrick stated they do not build on spec. They build the home that the person asks to be built. They have the flexibility to meet the different demands. In regard to fertilizers, the subdivision approval for this project states that the Homeowners Association will restrict the use of phosphorous fertilizers. The homes they build are to Energy Star standards. They realize the value of energy efficiency and energy ratings. They meet the demands of the market.
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the Board declares its Intent to be Lead Agency on this application.
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the Board sets an escrow account in the amount of $2,500 on this application.
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the Board sets a public hearing on this application for April 25, 2011.
PRELIMINARY PRESENTATION – C-TOWN SUPERMARKET – 114 SOUTH BROADWAY
Mr. J. B. Hernandez, representing C-Town, stated they are trying to complete this project. The County will be finishing up the streetscape and installing the new granite curbs.
Mr. Blau stated the issue is architecturally the building was designed to have windows in the front which were not installed. The Planning Board needs to know what has been changed and why it was changed.
Mr. Hernandez stated the approved plan had windows on the second floor. There is no longer a second floor. The stairs only go to a private office. It is only an exterior second floor. Due to finances, the mezzanine was eliminated. It is only a balcony.
Ms. Raiselis stated that change should have come to the Planning Board before they decided to do something different.
Mr. Birgy stated there was a nice Tudor design and it was attractive. Now it doesn’t look anything like that.
Ms. Raiselis stated you can see the mechanicals on the roof. Something has to be done to mask that.
Upon inquiry, Mr. Hernandez stated their current architect is not the same architect who prepared the original plans.
Board members stated they need to have a plan submitted showing what was approved, what was constructed, and what is proposed. The Board can then review that next month.
ADJOURNMENT
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the meeting be adjourned – 10:25 p.m.
Kathleen D’Eufemia
Secretary
| 
