Planning Board
Village of Tarrytown
Regular Meeting
July 25, 2011 7 p.m.
PRESENT: Members Aukland, Birgy, Raiselis, Tedesco; Counsel Shumejda;
Building Inspector/Village Engineer McGarvey; Secretary D’Eufemia
ABSENT: Chairman Friedlander
Mr. Tedesco chaired the meeting in Dr. Friedlander’s absence.
APPROVAL OF MINUTES
Mr. Aukland moved, seconded by Mr. Birgy, that the minutes of June 27, 2011, be approved as submitted. Ms. Raiselis abstained. All others assented. Motion carried.
AMENDMENT TO APPROVAL RESOLUTION OF APRIL 25, 2011 – THE LEGENDS AT WILSON PARK – L0T 9 AND GENERAL SITE PLAN APPROVAL – CONDITION 12
Mr. Tedesco moved, that the Board amend Site Plan Condition 12 of the General Site Plan conditions that were approved for The Legends at Wilson Park on April 25, 2011. This condition deals with the stone wall separating the parkland from private properties. For the existing home abutting the parkland (known as the ice house), Mr. Tedesco moved the following alternative to the 3 ft. stone wall separating the parkland from the private property be approved by the Planning Board. The alternative will consist of a blue stone demarcation, with a width of one stone (a 12 inch by 12 inch slab anchored in the ground) and with appropriate gaps allowed, in cases where the stone would lie on the top of tree roots. The blue stone is to be set at grass level in the soil to prevent any tripping hazard. The exact property line
along which this demarcation will run is to be reviewed by, and officially determined by, the Planning Board. Suitable plantings will also be added where appropriate, the details to be worked out and approved by the Planning Board. The Board grants this approval based on the following factors:
A. This house (the ice house) is the only existing home abutting the parkland
B. It has a very irregular lot line abutting the parkland, and
C. The lot line is significantly close to this existing home.
Mr. Aukland seconded the motion. The Board was polled. All assented.
Mr. Aukland stated he did not feel the development of Lot 9 should be contingent upon the further considerations for demarcation and plantings at the ice house property. All Board members agreed.
CONTINUATION OF PUBLIC HEARING – HSA-UWC – JARDIM ESTATES EAST – SUBDIVISION – BROWNING LANE
Mr. Tedesco noted 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 August meeting.
CONTINUATION OF PUBLIC HEARING – JARDIM ESTATES (EMERALD WOODS) – SITE PLAN AMENDMENT (GUIDERAIL)
No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their August meeting.
CONTINUATION OF PUBLIC HEARING – BROADWAY TARRYTOWN, LLC (C-TOWN SUPERMARKET) – 114 NORTH BROADWAY – SITE PLAN AMENDMENT
Mr. J. B. Hernandez, architect, stated they have had a number of meetings and work sessions with the Board and hopefully all issues have been resolved. They provided a report from their acoustical engineer. On the plans they show new PVC trim on the top. The mural is shown and they are working with organizations to have that done. On the top balcony, window trim and plantings have been added. For the AC units in the rear they added the lattice work. They will reproduce what was done for the old equipment (plywood and metal panels.) Mr. McGarvey noted the acoustical engineer’s report said the plywood panels need to be at least 1-inch thick. Mr. Hernandez noted they have also moved the equipment closer to the front away from the residences. Mr. McGarvey stated the PVC trim
should be Azak.
Mr. Tedesco 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 the proposed site plan amendments.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, to approve the proposed changes to the approved site plan for the Tarrytown Food Market (formerly known as C-Town.) The applicant has worked diligently with the Planning Board at several work sessions and public hearing meetings to make these changes of significant benefit to the Village of Tarrytown. These proposals include, but are not limited to:
A. The providing of aesthetically pleasing trellis structures to screen the mechanicals on the roof and the placement of HVAC equipment farther from the residential area.
B. Architecturally pleasing work on the roof gables and the window treatments on the upper level.
C. A mural done by advanced art students at Sleepy Hollow High School will adorn the south facing wall of the building and wrap around the side of the building. It will add very positively to the streetscape in the area and will foster real community involvement with the key neighborhood market.
D. Seasonal plantings offered for outside the store and those adorning balcony areas will add significantly to the visual attraction of the store.
These items A through D are among the approval conditions for this amended site plan.
This approval is also subject to:
1. Approval by the Building Inspector/Village Engineer.
2. Approval by the Architectural Review Board.
3. The noise barrier provided for the new HVAC system is to be constructed of materials suggested by the acoustical engineer who evaluated the noise levels produced by the unit. The barrier must be made of durable materials.
4. A field test of noise levels produced by the new HVAC system will be done immediately after the installation of the noise barrier to check compliance with Village Code.
5. Payment of any outstanding escrow fees prior to the granting of a building permit.
6. Signing of the final site plan by the Planning Board Chair.
7. The applicant targeting work to be completed by the end of October 2011.
8. This approval will be reviewed in one year to check adequate compliance with the approval conditions, particularly noise levels produced by the HVAC.
PUBLIC HEARING – TARRYTOWN HALL CARE CENTER – 20 WOOD 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, July 25, 2011at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Eastgate Management Services Corp.
1170 Route 17M
Chester, NY 10918
To consider the application for the Tarrytown Hall Care Center Phase II scope of work which includes a new resident outdoor patio, new LED parking lot lighting, new facility signage and new landscaping. The property is located at 20 Wood Court in the Village of Tarrytown.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 3, Block 13, Lot 62 and is located in a M1.5 (Multi-Family Residential) 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. Karl Ackermann of Sullivan Architects stated the project is at the end of Wood Court. Phase I is ongoing with curbs and paving. They are now looking at the lighting phase and a pervious paver area for the residents. Comments were received about guard rails and they have added notations regarding that on the plans. A guardrail at the lower end was also removed for the paving and that will be replaced. The detail for the new internally lit sign in the front is shown. They have submitted a landscaping plan which is for the pervious paver area. Impervious surface area is actually being reduced. Mr. McGarvey questioned how much it is being reduced. Mr. Ackermann stated about 1,300 sq. ft.
Mr. Ackermann stated lighting will be LED and restricted to the area around the court. In the back three lights are proposed and aimed at the building. Lighting is aimed away from the residential area.
Upon inquiry, Mr. Jim Lewis of Eastgate stated they have 120 residents.
Mr. Mike Husband, 17 Wood Court, questioned whether any lighting will go down around the back by the garbage containers. Mr. Ackermann stated there will be no change in the lighting in that area.
Mr. Irv Siebrecht, 67 Wildey Street, questioned where the new lighting would be located. Mr. Ackermann showed him the location on the plans. It was noted if any additional new lighting is proposed in the future, it would have to come back to the Planning Board.
Mr. Mario Belanich, Washington Street, Sleepy Hollow, stated he felt the proposals were an improvement for the property, but he felt there should either be another ingress/egress for this facility from either Hanford Place or Wildey Street or parking should be eliminated on Wood Court since with parking there, only one car can pass and it is a real problem for emergency vehicles. Board members stated while these concerns may be valid, they could not impose a new ingress/egress since the facility is not being enlarged, and parking on Wood Court is within the jurisdiction of the Board of Trustees.
Ms. Joan Hanley, Wood Court Condominiums, expressed concern about water runoff. She noted there had been problems in the dumpster area, although it has recently been better. Mr. Ackermann noted the curbs were fixed as part of the paving project. Mr. McGarvey stated if problems continue, Ms. Hanley should contact his office.
Ms. Francesca Spinner, Wilson Park Drive, stated she applauded anything done that improves the daily lives of the residents. She noted there are two beautiful beech trees in the parking lot, and they need to be preserved. Mr. Ackermann stated those trees are shown as protected. The lights currently on those trees should also be coming down.
Mr. Tedesco questioned if any of the construction is coming close to those trees. Mr. Ackermann stated no closer than currently exists.
No one further appeared to address the Board.
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 the proposed actions.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board approves the proposed site plan amendments for Phase II at the Tarrytown Hall Care Center, 20 Wood Court. The scope of work includes a new outdoor patio to be constructed of permeable pavers, LED lighting, and new landscaping. The approval is subject to:
1. Approval by the Building Inspector/Village Engineer, particularly in regard to storm water drainage.
2. In the landscaping plan, plantings are to be native species or non-invasive ornamentals and significant tree protection measures for the two large beech trees.
3. Payment of any outstanding escrow fees prior to the granting of a building permit.
4. Signing of the final site plan by the Planning Board Chair.
PRELIMINARY PRESENTATION – ARDUINO (CONTRACT VENDEES) – 75 NEPERAN ROAD – NEW SINGLE FAMILY HOUSE
Eugene and Sosa Arduino, 29 Grove Street, reviewed with the Board plans prepared by architect Sean McCarthy for a new single-family house at 75 Neperan Road. The Arduinos will be purchasing this property from the Village. Mr. Arduino stated they are long-time residents of Tarrytown and are happy to live in the Historic District. They plan
to build an historic style home. The house will be 2-1/2 stories and have a two-car garage. It will comply with all zoning regulations. The plans before the Board are preliminary. They still need to have elevation, drainage and landscaping plans prepared.
Mr. Tedesco stated the Board has received a memo from the Village’s Landscaping Consultant. This property was reviewed by the Board a number of years ago and decisions about the trees had been made. The current plan prepared by Mr. McCarthy shows the driveway in a location that would impact several trees that need to be saved.
Counsel Shumejda stated that based on input from Stefan Yarabek, the Village’s Landscaping Consultant, the following provisions have been put into the contract of sale for the property:
1. The eastern most 40 inch dbh Willow, 10 inch Cedar, 12 inch Maple, 40 inch Copper Beech and 10 inch Holly (as shown on the Preliminary Site Plan of Sean McCarthy dated July 1, 2011) must be preserved.
2. The 10 inch Maple at the middle of the western property line (as shown on the Preliminary Site Plan of Sean McCarthy dated July 1, 2011) may be removed. The arborist must take every precaution to selectively remove the tree to avoid any damage to the Tulip tree also at the middle of the western property line. The tree trunk can only be flush cut, the stump and roots shall not be excavated. No construction equipment, traffic, storage of materials, grading or paving shall be permitted within a root protection zone of twenty feet to the south, ten feet to the east and thirty feet to the north.
3. The 40 inch Willow located between the 40 inch Willow to the east and the 40 inch Copper Beech to the west at the front southeast corner of the property (as shown on the Preliminary Site Plan of Sean McCarthy dated July 1, 2011) can be removed. The stump should be ground out and no roots removed since there should be a maximum root preservation zone for the remaining trees.
4. A tree removal, preservation, erosion control, grading, layout and planting plan to be submitted to the Village of Tarrytown for approval prior to the issuance of a building permit.
Mr. Arduino stated they are aware of these requirements, and the plans will be adjusted to meet these requirements.
Ms. Raiselis stated they should be sure that the stone wall shown at the front of the property does not interfere with the roots of the Copper Beech tree.
Mr. Aukland stated a plan should be submitted before the next staff meeting showing the relocation of the driveway as well as all trees that will be saved and those that will be removed.
Mr. Birgy noted the Board is encouraging people to construct with energy conservation materials.
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 on this application for August 22, 2011.
ADJOURNMENT
Mr. Aukland moved, seconded by Ms. Raiselis, and unanimously carried, that the meeting be adjourned – 8:05 p.m.
Kathleen D’Eufemia
Secretary
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