Planning Board
Village of Tarrytown
Regular Meeting
May 23, 2011 7 p.m.
PRESENT: *Chairman Friedlander (late); Members Aukland, Birgy, Tedesco; Counsel
Shumejda; Building Inspector/Engineer McGarvey; Secretary D’Eufemia
ABSENT: Ms. Raiselis
APPROVAL OF MINUTES
Mr. Aukland moved, seconded by Mr. Birgy, that the minutes of April 25, 2011, and May 12, 2011, be approved as submitted. Messrs. Aukland, Birgy and Tedesco assented. Motion carried.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY (HSA-UWC) – JARDIM ESTATES EAST – BROWNING LANE
Chairman Friedlander stated this application is being adjourned. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their June meeting.
CONTINUATION OF PUBLIC HEARING – JARDIM ESTATES (EMERALD WOODS) – SITE PLAN AMENDMENT
No one appeared to address the Board on this matter. Mr. McGarvey stated he has not heard from the applicant since last month. The Board unanimously agreed to continue the hearing at their June meeting.
PUBLIC HEARING – JERIS – 15 BAYLIS COURT
Mr. Tedesco 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, May 23, 2011at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Paul Jeris
17 Baylis Court
Tarrytown, NY 10591
To consider the application for a lot line adjustment and to construct a new three-family dwelling adjacent to 17 Baylis Court in the Village of Tarrytown.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 6, Block 17, Lot 80 and is located in an M-1 (Multi 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.
Mr. Sam Vieira, project architect, stated Mr. Paul Jeris is the owner/developer of the property. Mr. Jeris and his family live in the house immediately adjacent to the north. They are seeking site plan approval for construction of a three-family house. The property is in the M-1 zoning district and this use is allowed. The intent is to locate the building so it is back enough so it has the proper setback and almost aligns with Mr. Jeris’ house. It has been kept away from the rear property line in order to have some open space. The only variance required is for the side yards. Fifteen feet is required and they are proposing 5 ft. and 9 ft. respectively for each side. The property is only 46 ft. wide and if a building were to conform it could only be 16 ft. wide which is not feasible.
Mr. Vieira stated they have submitted a preliminary landscaping plan. The property drops off in the rear toward Rivercliffe condominiums. That area will not be disturbed. There will be a green area for lawn and recreation space for the tenants. There will be a row of evergreen trees on the south side at a height of about 6 ft. On the north side there will be landscaping and trees. At the request of Mr. McGarvey they have pushed the retaining wall so there is a 5 ft. x 30 ft. area where snow can be stockpiled. They will have a low level planting bed there. The Board requested they enhance the architecture so they introduced some elements which keep the house in character with the inner Village. There are cottage style garage doors. Above the doors and around them it will be faced in stone. They can use the stone that will be removed from the site so the carbon footprint would then be zero. The house has a
lot of depth and detail and brings in architectural features of other houses in the area. In regard to green building procedures, they will use a spray on insulation; all of the heating equipment will be gas fired high efficiency closed combustion systems; they hope to use cement board for the siding; they will have a light colored roof with fiberglass shingles. Moving forward in the process they will look into more green products for the interior work.
*Chairman Friedlander arrived at the meeting.
Mr. Tedesco reported receipt of the following memo dated May 20, 2011, from Louis Tucci, Code Enforcement Officer and Fire Department Member:
“Proposed New House – 15 Baylis Court – Please be advised that I visited the property on Baylis Court where a new three-family house is proposed. Currently there is one fire hydrant on Baylis Court – across the street and down a little from the proposed house.
There are two fire hydrants on Main Street in this proximity – one by the YMCA and one near Windle Park. Fire fighting for the proposed house would be no different from fire fighting for the existing dwellings on Baylis Court.”
Mr. Vieira noted the Village has a Local Law requiring new buildings to have a sprinkler system.
Mr. Birgy stated the Board discussed the ability of a fire truck to enter the street and that is not addressed. Mr. McGarvey stated the way he understood it is that the fire apparatus stays back and the hoses are dragged in. This is not the last house on the street, and it will have a sprinkler system.
Mr. Vieira noted parking will be eliminated for the last 70 ft. to 80 ft. of the street which will create a lot more room on the street in that area.
Mr. Tedesco questioned whether anyone wished to address the Board on this matter. No one appeared.
Chairman Friedlander noted for this application and the one which will follow for 17 Baylis Court for a carport, the Village received notification from the Westchester County Department of Health that the proposed development may require approval as a realty subdivision from that department in accordance with Article X of the Westchester County Sanitary Code. Mr. Vieira stated they want to be sure there is water and sewer service being provided, and he will be filing the plans with them.
In response to an inquiry from Chairman Friedlander, Mr. Vieira stated the proposed lawn area is about 30 ft. to 40 ft. Chairman Friedlander stated that area is a benefit for the project.
In response to an inquiry from Chairman Friedlander, Mr. Vieira stated the driveway is about 35 ft. from the curb to the house. Mr. Vieira noted the garages provide six off street parking spaces, and there is the potential for three additional off street parking spaces in front of each of the garage bays.
Mr. Aukland noted if the Board insisted the house conform to the 16 ft. width, it would result in an ugly house which is a reason for approving the proposed plan. Mr. Vieira noted the streetscape showed this building fits in well in the area.
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 proposal.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board approves the three family building proposed for 15 Baylis Court and approves moving the existing property line to the proposed property line as shown on the site plan submitted March 9, 2011, which may also require approval of the Westchester County Department of Health as noted in their letter of May 17, 2011, to the Planning Board subject to:
1. Approval by the Building Inspector/Village Engineer.
2. Approval of a landscaping/screening plan by the Village Landscape Consultant. 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 variances required. Given that the applicant has significantly reduced the size and massing of the proposed building to eliminate variances needed for principal building coverage and rear yard setback as well as reducing variances for side yard setbacks, and no buildings on Baylis Court meet the side yard requirements, and given the following factors:
A. The quality and aesthetics of the proposed architecture
B. The proposed landscaping and screening plan which will also include the enhancement of the landscaping for the existing two-family home at 17 Baylis Court
C. The addition of basic green building elements
D. The provision of off street parking beyond what is required
All of which are improvements for the neighborhood and the Village, the Planning Board recommends the Zoning Board of Appeals grant the variances required.
5. Any needed rock removal approved by the Village Engineer in accordance with the Village Zoning Code.
6. Driveway to be permeable pavers or equivalent surface approved by the Village Engineer.
7. Retaining walls are to be made of natural stone or with façades made of natural stone.
8. An area of approximately 5 ft. x 30 ft. is to be created where snow can be stockpiled.
9. Payment of outstanding recreation and escrow fees prior to granting of a building permit.
10. Signing of the final site plan by the Planning Board Chair.
PUBLIC HEARING – JERIS – 17 BAYLIS COURT
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, May 23, 2011at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Paul Jeris
17 Baylis Court
Tarrytown, NY 10591
To consider the application for a lot line adjustment and to construct a new carport for two cars on the property located at 17 Baylis Court in the Village of Tarrytown.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 6, Block 17, Lot 80A and is located in an M-1 (Multi 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.
Mr. Sam Vieira, Project Architect, stated that Mr. Jeris would like approval to build a two-car garage/carport into the hillside of the house. Mr. Jeris is trying to create off street parking by building a one-story two-door two-car garage of masonry. Steps to the house would remain in the same location. The garage would be used just for his house. It would eliminate one parking space at the end of the street. This is the last house on the left and there is no through traffic at this location so there would be no issue with backing out. It requires a variance because it is being constructed in the front property line which requires 20 ft.
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 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 proposal.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board approves the construction of the proposed two-car garage/carport at 17 Baylis Court and moving the existing property line to the proposed property line as shown on the site plan submitted March 9, 2011, which may also require approval of the Westchester County Department of Health as noted in their letter of May 17, 2011, to the Planning Board subject to:
1. Approval by the Building Inspector/Village Engineer.
2. Approval by the Architectural Review Board.
3. Approval of a variance by the Zoning Board of Appeals for front yard setback.
4. Driveway to be of permeable pavers or other equivalent permeable material as approved by the Building Inspector/Village Engineer.
5. Retaining walls to be made of natural stone or with facades made of natural stone.
6. Signing of the final site plan by the Planning Board Chair.
PUBLIC HEARING – BROADWAY TARRYTOWN, LLC (C-TOWN SUPERMARKET) – 114 NORTH BROADWAY
The Chairman 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, May 23, 2011at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Broadway Tarrytown LLC
114 North Broadway
Tarrytown, NY 10591
To amend the approved site plan for the revitalization of the Tarrytown C-Town Supermarket located at the above address regarding the front facade.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 4, Block 15, Lot 11 and is located in an RR (Restricted Retail) 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. J. B. Hernandez, architect, stated they have submitted a drawing showing what was originally approved. Because of economic reasons, the second story was not built. In order to join the approved plan with what is existing, they have included some of the details from the original drawings. They have centered the window on the gable end. They have shown windows that will be applied to the façade to bring some of the original detail back into the building. Murals have been added to the lower windows. On the second floor some of the original detail will be added.
In regard to parking, Mr. Hernandez stated there are 33 parking spaces plus 2 handicapped spaces, which seem to be adequate.
Board members questioned what will be done with the exposed mechanicals. Mr. Hernandez noted originally 5 or 6 units were proposed, but they only added one.
Mr. Sam Saleh, an owner of the property, stated they have kept the original unit. It is not being used but is fairly new so they want it as a backup. That unit has a noise barrier. The new unit does not have a barrier because they were told by the manufacturer that it is below the decibel count.
Mr. Tedesco stated the architecture and façade were approved by the Planning Board and Architectural Review Board. Many changes were made without consideration by either the Planning Board or the Architectural Review Board. He expressed concern that the remedy must be very significant and meaningful otherwise it would set a dangerous precedent. The Board has to decide if the proposed changes are significant enough. He felt Board members should visit the site and at the next work session the Board should determine if a fine should be imposed for failure to follow the approved site plan.
The Board advised the applicant to attend the next work session on June 16th.
Ms. Katie Scully, 3 Hillside Place, stated the new unit emits a loud sound. She stated she loves the new store but something needs to be done about the noise from the equipment.
Ms. Kate Nixon, 1 Hillside Place, stated in 1999 and 2001 residents complained about the noise from the mechanicals which is when C-Town was required to erect noise barriers, which helped the situation. The new unit is having adverse effects for residents. Ms. Nixon noted the existing barrier has deteriorated and needs to be replaced so
a permanent more aesthetically pleasing noise barrier needs to be erected for both units.
Counsel Shumejda stated the applicant should hire an acoustical engineer who can propose the appropriate noise abatement procedures.
Counsel Shumejda stated the architect needs to depict in a format that is easily understandable what has been built and what will be changed – either with overlays or in different colors. The drawings should all be the same scale.
All agreed to continue the hearing at the Board’s next meeting.
PUBLIC HEARING – ACADIA REALTY TRUST – 124 – 134 WILDEY STREET
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 at 7:00 p.m. on Monday, May 23, 2011 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Acadia Realty Trust
1311 Mamaroneck Avenue, Ste. 260
White Plains, NY 10605
for site plan approval for property located at 124-134 Wildey Street, Tarrytown, New York to allow a storefront to be used for a restaurant, which formerly had a retail use.
Documents are available for inspection in the Planning and Zoning Office at Tarrytown Village Hall. The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 2, Lot P-25 and P-25B and is located in an RR (Restricted Retail) zone.
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. John Kirkpatrick, attorney for the applicant, stated they are not making any changes to the site plan. The only exterior change will be a new sign. This is the north building closest to McDonalds. It will be a hibachi restaurant. They are also asking that the Planning Board recommend a parking variance to the Zoning Board of Appeals. There are 179 spaces required and they have 180. The lot is very underutilized. They did an actual parking count which showed the highest usage was 77spaces at 10 a.m. on a Thursday. Mr. Kirkpatrick requested the Board grant approval since they were hoping to have the restaurant open at the end of June.
In regard to the parking, Chairman Friedlander stated the heaviest usage times for a restaurant would be in the evenings when many of the other businesses are closed.
Mr. McGarvey stated the lot is underutilized; however, there are a number of vacant stores. Mr. Kirkpatrick stated that is true and they are hoping the parking lot gets more utilization; however, they have a long way to go considering how much underutilized it is.
Chairman Friedlander questioned if anyone wished to address the Board on this matter.
Mr. Greg Galloway, 51 Cottage Place, stated he felt approval for this project should be granted since there is plenty of parking in this lot. He questioned whether the restaurant would use the same dumpsters as the other businesses. Mr. Kirkpatrick stated they would.
Mr. Galloway stated the dumpster area is a problem. The dumpsters are frequently overflowing and attract birds, rats and raccoons. A restaurant produces a lot of garbage and this will make the current situation worse. Mr. Kirkpatrick stated they currently have pickup three times a week and they could increase that to four. He stated they could also make sure the carting company makes sure the lids are placed on the dumpsters after they are emptied.
Mr. Galloway stated there also need to be more trash cans for public use because the existing ones are always overflowing.
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 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 proposal.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board approves the change of use for the storefront at 124-134 Wildey Street from the current retail use to the proposed restaurant use subject to:
1. Approval by the Building Inspector/Village Engineer.
2. Approval by the Zoning Board of Appeals for a needed variance dealing with the required number of parking spaces. The Planning Board recommends the approval of this variance based on the recent parking survey of the Tarrytown Centre provided to the Planning Board by Land Resource Consultants in a memo dated May 17, 2011, a copy of which is attached to these minutes.
3. The following information is to be provided on the site plan to be approved:
A. Total number of parking spaces required for the restaurant use
B. Number of existing parking spaces
C. Number of spaces needed in the parking variance.
4. Approval by the Architectural Review Board for new signage.
5. The applicant is to provide the Village Engineer an effective management plan for the entire shopping center dealing with additional trash/garbage pickups and additional garbage cans provided as necessary for the food refuse that will now need disposal due to the new restaurant use. This management plan is to be received by the Village Engineer ten days from this site plan approval and the Board will review this at its June work session.
6. Payment of any outstanding escrow fees.
7. Signing of the final site plan by the Planning Board Chair.
PRELIMINARY PRESENTATION – EF SCHOOL – 100 MARYMOUNT AVENUE – ESPLANADE, GENERATOR
Mr. Michael Molinelli, architect, stated they are proposing the creation of an esplanade between Marion Hall, Butler Hall and Rita Hall. The space is a gathering area for students. It will provide a handicapped access to the three buildings where currently there is none. Part of doing this is to close it off to all but service and emergency vehicles. They are also proposing an emergency generator for St. Johns and St. Ursula residence halls. It would be a diesel powered generator which would be tested once a month. They are proposing to put it between St. Johns and Marymount Avenue and provide additional screening and a fence/wall. They have shown landscaping, both what has been done and what they are proposing over the next five years.
In regard to the landscaping, Mr. Tedesco stated there need to be more tall trees including evergreens. This is a five year plan but the Board would like to see what will be done each year. The Board wants to see aggressive landscaping. He stated there should be a specific landscaping and screening plan for the areas being proposed as part of this site plan. Any trees to be removed should be shown on the site plan also. The nature and size of these trees should be specified.
Mr. Tedesco questioned whether the road surface would be a permeable material. Mr. Molinelli stated it would not because that could not handle the stress of heavy trucks since this is a service area. There is an existing catch basin in front of Rita Hall. There would be a new drain trench. The calculations will be provided.
In regard to the generator, Mr. Molinelli stated they want it outside the building and the exhaust away from the building. It would only be used for emergencies. It would be tested once a month. The location they are suggesting is on the western portion of St. Johns. There is an existing retaining wall. By placing it in this location, it is hidden on two sides of the building, coming north on Marymount Avenue and St. Johns obscures its view on Neperan Road. They are proposing a 6 ft. wall that would block the view and it would have additional plantings. There would be a gate that would hide the view of the generator. They are trying to get an opinion as to whether the wall would require a variance. Mr. McGarvey stated if it is made with brick, it is a wall. Even the generator is a
structure. It is in the front yard which would need a variance.
Mr. Aukland questioned why it can’t go in the angle part of the two buildings. Mr. Molinelli stated a lane is there and cars go through for drop offs and pick ups. Mr. Aukland stated he has never seen any active use of that corner.
Mr. McGarvey questioned the size of the generator. Mr. Molinelli stated it is 20 ft. long, 4 ft. wide and 8 ft. tall.
Chairman Friedlander stated the Board should visit the site and the area for the generator and the wall should be marked out. All agreed to conduct this visit on Thursday, June 16th, following their work session.
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 an escrow account of $2,500 on this application.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried that the Board sets a public hearing for the Board’s June Planning Board meeting on this application.
ADJOURNMENT
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 9:10 p.m.
Kathleen D’Eufemia
Secretary
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