Planning Board
Village of Tarrytown
Regular Meeting
June 27, 2011 7 p.m.
PRESENT: Members Tedesco, Aukland, Birgy; Counsel Shumejda; Engineer/
Building Inspector McGarvey; Secretary D’Eufemia
ABSENT: Chairman Friedlander; Member Raiselis
Mr. Tedesco chaired the meeting in Dr. Friedlander’s absence.
APPROVAL OF MINUTES
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the minutes of May 23, 2011, be approved as submitted.
CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY – JARDIM ESTATES EAST – SUBDIVISION – BROWNING LANE
Mr. Tedesco stated this application is being adjourned at the request of the applicant. No one appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their July meeting.
CONTINUATION OF PUBLIC HEARING – JARDIM ESTATES (EMERALD WOODS) – EMERALD WOODS AND GRACEMERE (SITE PLAN AMENDMENT FOR GUIDERAIL)
No one appeared on this application. Mr. McGarvey stated it was his understanding they were attempting to clear up the matter with Belvedere Road. No one from the public appeared to address the Board on this matter. The Board unanimously agreed to continue the hearing at their July meeting.
PUBLIC HEARING – EF SCHOOL – 100 MARYMOUNT AVENUE – ESPLANADE AND GENERATOR
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, June 27, 2011at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
EF Language School
100 Marymount Avenue
Tarrytown, NY 10591
To amend the approved site plan to develop a pedestrian esplanade amongst Marian, Butler and Rita Halls, create a new delivery entrance off Marymount Avenue, and create a hidden location for the new emergency generator for St. Johns and Ursula Residence Hall.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 12, Lots P73, P75, P77, P79, P83, and P85 and is located in an R-20 (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. Michael Molinelli, architect, stated there are three major components to the application. The first is to develop a pedestrian esplanade among Marian, Butler and Rita Halls. The second is a new delivery entrance off Marymount Avenue. The third is to create a location for a new emergency generator for St. John’s and Ursula Residence Halls. At the request of the Planning Board they have illustrated past and future landscaping projects. The esplanade will create ADA compliant entrances to the three buildings and create a more pleasant space for students to congregate. The lane between the buildings would be closed off and used only for emergency and service vehicles. Some visual elements have been incorporated into the plan - most of the macadam road surface would be replaced with red brick,
there will be five self-supporting canopies to provide some shelter as well as benches in the sitting areas and three gas heaters will encourage year-round use of the space. To eliminate delivery traffic through the lane to the loading dock at Butler, all deliveries would be directed through the northern entrance on Marymount Avenue. There are usually five small trucks for package and mail services. Large deliveries for facilities and food are done at the Rita Hall loading dock. To increase safety, a new sidewalk, crosswalks and signage are being added. They are also proposing to have an emergency generator on the site. There is currently an emergency generator that services most of the campus but St. John’s and Ursula Halls are not serviced by that generator. They have purchased a generator and have temporarily installed it for these two residence halls but this application endeavors to finalize the site changes necessary to make the
hook-up of that generator permanent and more eye pleasing. They reviewed a few locations for the generator with Planning Board members. One was on the north end of the building but the generator was very visible. Another location had site utilities. They are therefore proposing to locate it between St. John’s and Marymount Avenue. Originally their submission was compliant with the zoning ordinances; however, when the Planning Board visited on June 16th, they mocked up where the generator would be and what it would look like and it was determined if they moved the wall and made it 8 ft. tall, it would totally obscure the generator. That would require variances for the height of the wall and the front yard setback. There would be a slotted mesh wire gate on the north side and the brick would match the existing brick that is there.
Mr. Molinelli noted they have also submitted a five-year planting plan for the campus which the Planning Board had requested.
Ms. Jennifer Simmons, Highland Avenue, stated she is concerned about noise. Mr. Molinelli stated noise from the generator would only occur when it is in use and when it is tested which is usually once a month and it is run for one-half hour. Mr. McGarvey stated Mr. Molinelli would have to provide what the decibel units will be.
Ms. Simmons stated she is also concerned about traffic. Mr. Molinelli stated most of their students live on campus unlike Marymount and Fordham which had large commuter populations. The traffic they do have does not drive through the campus. Ms. Simmons stated there is a lot of taxi traffic which cuts through Highland Avenue which is a residential street with a number of small children. Mr. McGarvey stated the taxis are also lining up on Marymount Avenue which is a public street and that should not be occurring. Ms. Diana Garcia from EF School stated they only allow two taxis at a time in front of Butler Hall. Parking is not prohibited on the east side of Marymount Avenue so the school has no control over the taxis parking there, although they could ask them not to.
Upon inquiry from Mr. Birgy, Mr. McGarvey stated the law requires that there can be no increase in runoff from the property. Mr. Molinelli stated they can review the permeable surfaces. They will be installing new trench drains, and they could also add a catch basin or two. The net change would be no additional runoff.
Upon inquiry from Mr. Birgy about the 8 ft. wall, Mr. Molinelli stated they are proposing to plant arbor vitae trees in front of the wall; however, it will take some time for them to reach a height to shield the generator which is why it was suggested the wall be 8 ft. which would totally shield the generator.
Mr. McGarvey stated the wall on Neperan Road is falling down. Ms. Garcia stated they have been repairing it in sections. Mr. McGarvey stated not much has been done and it needs to be done. It is not attractive on Neperan Road and what exists on Irving Avenue is even less attractive.
Mr. McGarvey stated the two existing handicapped parking spaces will remain but will require a K-Turn. If pervious pavers were used there, the K-Turn could be eliminated. Mr. Molinelli stated those spaces are seldom used but he would look at that.
Ms. Francesca Spinner, Wilson Park Drive, questioned whether this will have to go to the Architectural Review Board. Mr. Molinelli stated it would – after it has gone through Planning and Zoning. Ms. Spinner stated the school needs to consider plantings that are deer resistant.
No one further appeared to address the Board on this matter.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning 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 Planning Board determines there will be no significant adverse environmental impacts as a result of the proposed modification of the site plan for the EF School campus.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the modification to the site plan for EF School, which has the following three components:
1. The construction of a pedestrian esplanade linking Marian, Butler, and Rita Halls
2. The provision of a new delivery entrance off Marymount Avenue
3. The provision of a location for the new emergency generator for St. John’s and Ursula Residence Halls
Be approved subject to the following:
1. Approval by the Building Inspector/Village Engineer particularly in regard to:
A. The adequacy of the storm water drainage plan
B. The required permit for the proposed generator
C. The handicapped access area for turnarounds be approved by the Building Inspector/Village Engineer
D. The old wall facing Neperan Road which has fallen into disrepair is to be properly repaired. The timetable for this and the work itself are to be approved by the Building Inspector/Village Engineer.
2. The Planning Board approves the proposed landscaping and screening plan. Plants are to be native species or non-invasive ornamentals and deer resistant to the extent possible.
3. The wall provided to screen the generator is to be made of brick that matches the existing wall and building. The fence in the wall is to be made of a color which best matches the brick of the building.
4. Approval by the Zoning Board of Appeals for a variance to allow part of this wall to be within the front yard setback. Given that the generator itself lies outside the front yard setback and that the incursion to the setback is very small, the Planning Board recommends the variance be granted. The Planning Board also recommends the granting of a variance for the proposed 8 ft. height of the screening wall which will keep the generator as far from the street as possible.
5. Approval by the Architectural Review Board.
6. Payment of any outstanding escrow fees prior to the granting of a building permit.
7. Signing of the final site plan by the Planning Board Chair.
CONTINUATION OF PUBLIC HEARING – BROADWAY TARRYTOWN, LLC (C-TOWN SUPERMARKET – 114 NORTH BROADWAY – SITE PLAN AMENDMENT
Mr. J. B. Hernandez, architect, stated that since the work session they have incorporated discussed changes. They have the three drawings identifying what was approved, what is there now and what they are proposing to modify. They have added architectural details for the windows to emulate what was approved. On the second level they added an aluminum frame with glass. They also added an area where there will be a mural where windows had previously been shown. Mr. Hernandez submitted photographs of the old equipment on the roof and what is there now. They will reproduce the same screening which they had for the old equipment which will substantially reduce the acoustical level below the Village Ordinance.
Upon inquiry, Mr. Hernandez stated the acoustical engineer has not provided numbers; however, he will be issuing a report.
Upon inquiry from Mr. Tedesco, Mr. Hernandez stated the mural will extend to the south wall and will cover brick inserts in the front.
Mr. Tedesco noted the old condenser is remaining; however, it is not screened. Although it is not being used and does not require acoustical screening, there should be a trellis to alleviate the visual impact of the metal.
Mr. Tedesco stated the acoustical engineer’s report should be provided and the roof screenings should be shown and all should be reviewed at the Board’s next work session.
PUBLIC HEARING – TOLL BROTHERS – WILSON PARK DRIVE – SITE PLAN AMENDMENT LOT 9
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, June 27, 2011 at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Toll Brothers Inc.
60 Merritt Blvd., Suite 100
Fishkill, NY 12524
To amend the approved site plan to construct a new single-family dwelling at the intersection of Wilson Park Drive and Tower Hill Road (Southern side), lot #9 of Westchester Estates at Wilson Park.
The property is located in an R-80 (One Family Residence, 80,000 s.f.) Zone; tax ID # 1.10-1-30.9.
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. Chris Badger, Project Manager for Toll Brothers, stated the site plan for Lot 9 was approved by the Board in April and ARB approval was also received. When they reviewed the landscaping, they came to the conclusion that moving the house back 25 ft. would be beneficial.
Mr. Tedesco questioned whether anyone wished to address the Board on this matter.
Ms. Cindy Kief, 5 Westview Circle in Sleepy Hollow, stated during the heavy rains last week they had a flood. There was a complete change in the erosion pattern since this work began. There is no storm water management going on at this project. They had erosion coming down the side of the hill and down their neighbors’ backyards. The storm water drains could not handle the water. Ms. Kief stated she has a five minute video to show what happened and Mr. McGarvey and Mr. McCarthy, Sleepy Hollow Building Inspector, have seen it. “We don’t want to stand in the way of this development but this project needs to be halted until this problem is resolved. Our property is taking the brunt of the Toll Brothers project.”
Mr. McGarvey stated all the work Toll Brothers is doing is on the Tarrytown side of the hill. The water the Kiefs received is on the Sleepy Hollow side of the hill. There is no construction on the Kiefs’ side. There has been no excavation on that side.
Mr. Badger stated he also has seen the video and there was a considerable amount of water.
Ms. Kief stated she needs to know there will be no further destruction to her property.
Mr. McGarvey stated there needs to be a meeting with all parties – himself, Mr. McCarthy, Mr. Badger, and the engineer for Toll Brothers and a determination needs to be made as to exactly what happened and to be sure it does not happen again.
Mr. Birgy stated he did not think the road should have been opened up.
Mr. Tedesco stated this issue needs to be addressed; however, the site plan has already been approved. The question is whether moving the house back 25 ft. will have an effect on this drainage issue. Mr. McGarvey stated it would not. Mr. Aukland agreed stating moving the house back 25 ft. won’t make the water situation worse but a solution to the problem must be found before the Board reviews site plans for any additional lots.
Upon inquiry from Francesca Spinner, Wilson Park Drive, Mr. Badger stated moving the house back 25 ft. would move it closer to the Lake.
Mr. Birgy stated there should be no disturbance to other lots until a determination as to what caused this water problem has been made.
Ms. Ann Hull, Wilson Park Drive, stated about a month ago residents received a letter that Wilson Park Drive would be closed about June 13 for about two months for road improvements. It did not close because they wanted to wait for the schools to close.
Mr. McGarvey stated Toll Brothers wanted the road closed to put in their improvements but there were issues with school buses and emergency vehicles. The water main installation was finished today. Sewer, drainage and blacktopping of the entire subdivision needs to be done. They are planning to have that finished by September. The work is ongoing.
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 Planning Board determines there will be no significant adverse environmental impacts as a result of the proposed amendment to the site plan for Lot 9 of The Legends at Wilson Park.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the proposed site plan amendment for Lot 9 for The Legends at Wilson Park involves moving the house 25 ft. back with no change in the size of the footprint and this change does not involve any disturbance to steep slopes or wetlands and also does not involve the removal of any trees and further in general the Board feels moving the home farther from the road is a positive change so therefore the Board approves the site plan amendment subject to:
1. Approval by the Building Inspector/Village Engineer
2. Signing of the final site plan by the Planning Board Chair.
Ms. Spinner stated the old road has been opened from both directions and stone dust has been dumped. There was a 100 ft. diameter tractor trailer which would have been on her lawn had she not been at home. It seems there are two different things – the building of the house and the utilities. She expressed concern that the old road which was 2/3 covered is now wide open. What used to be Wilson Park doesn’t exist anymore because it was dug up for the mains. There is no grass or tarmac. “All the stuff torn up by this substantial equipment needs more oversight. It would be very helpful to have some kind of timetable which could be posted on the Village’s web site. I know things change, but it could be updated.”
Ms. Melinda DeRocca, Warner Lane, stated she agreed there should be a timetable. She noted she works from home and would arrange to be away when heavy and loud work is scheduled.
Ms. Hull asked when the project is completed whether Wilson Park Drive would be a private or public road. Mr. McGarvey stated that is not decided at this point. Ms. Hull stated the road needs sidewalks.
PRELIMINARY PRESENTATION – TARRYTOWN HALL CARE CENTER – 20 WOOD COURT – SITE PLAN AMENDMENT FOR PHASE II
Mr. Karl Ackerman of Sullivan Architects reviewed with the Board Phase II site plan amendments for Tarrytown Hall Care Center. The work includes a new resident outdoor patio, new “LED” parking lot lighting and new signage. In addition, they have submitted a new landscaping plan.
Mr. Ackerman noted they will be decreasing impervious surface. He presented a foot candle layout for the proposed lighting. He noted all landscaping will be deer resistant and some new trees are shown. Presently there is no physical place for the residents to be outside other than the parking lot. This will create the outdoor patio area.
Mr. McGarvey stated on the south side of the parking lot there is a large drop which needs to be looked at. Mr. Tedesco stated a guardrail, or something equivalent, should be shown in that location.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board declares its Intent to be Lead Agency for Phase II site plan amendments for Tarrytown Hall Care Center.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Planning Board sets an escrow account of $2,500 on this project.
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the Board sets a public hearing on this application for the Board’s next meeting.
ADJOURNMENT
Mr. Aukland moved, seconded by Mr. Birgy, and unanimously carried, that the meeting be adjourned – 9:15 p.m.
Kathleen D’Eufemia
Secretary
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