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Planning Board Minutes 11/28/2011
Planning Board
Village of Tarrytown
Regular Meeting
November 28, 2011   7 p.m.

PRESENT:        Chairman Friedlander, Members Tedesco, Aukland, Raiselis, Birgy; Counsel Shumejda; Administrator Blau; Building Inspector/Engineer McGarvey; Secretary Bellantoni

Chairman Friedlander stated that since there has been a delay in the arrival of Honda's Traffic Engineer, John Collins, Honda's presentation will be heard second or possibly third depending on Mr. Collins's arrival.

APPROVAL OF MINUTES

Mr. Aukland moved, seconded by Mr. Birgy, Chairman Friedlander abstained, four in favor that the minutes of October 24, 2011, be approved as submitted.  Motion carried.

DATE CHANGE FOR DECEMBER MEETING

Chairman Friedlander moved, seconded by Mr. Aukland, that the December meeting be changed from December 27, 2011 to December 13, 2011, all in favor.  Motion carried.

CONTINUATION OF PUBLIC HEARING – HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY (HAS-UWC) – 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.

NEW PUBLIC HEARING - HACKLEY SCHOOL - 293 BENEDICT AVENUE

Chairman Friedlander read the following public hearing notice:

"PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, November 28, 2011at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:

Hackley School
293 Benedict Avenue
Tarrytown, NY  10591

To consider the application for a front entrance renovation including the relocation of stone pillars and extensive landscaping at 293 Benedict Avenue in the Village of Tarrytown.

The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 19, Lots P-53 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.

By Order of the Planning Board”


Mr. Peter McAndrew, Director of Finance for Hackley School, introduced himself as well as Mr. Tim Patterson, of Highland Design.  Mr. Patterson explained that the primary purpose for the redesign is to create a more fitting entrance for a school of Hackley's stature.  He proceeded to point out the key features of the proposed design as follows:

•       Rebuilding of the entrance walls, in keeping with the present historic walls along Benedict Avenue, and extending them further into the driveway with the pillars being moved back and made larger.  The pillars will have engraved "Hackley School" signage.
•       A small access road from the existing upper parking lot for access to the lower field.
•       A small pedestrian walkway at the beginning of the entrance which will meet the existing gravel roadway for access down to the lower field.  This walkway will also allow pedestrians to use the new access road for a safer entrance to the campus.  Presently pedestrians use the same roadway as vehicles to gain access to the campus.
•       Extensive landscaping with a large number of native, deer-resistant trees along the west side entrance wall.
•       The existing gravel area will be diminished greatly and the present lower parking area will remain the same.

Chairman Friedlander asked if the driveway would remain the same width and the dimensions of the pillars.  Mr. Patterson said the driveway would remain the same width as the existing driveway, and the front entrance opening will remain the same; the blacktop will not be touched.  He said the height of the pillars is 6'-6" to the cap with a 4" overhang and they will be 4'-4" wide.  They will remain outside of the driveway and will be constructed of similar stone to the existing buildings.  Their goal is to keep the design historic and tasteful.

Chairman Friedlander asked if pedestrians will have to walk through the existing lower parking lot to get to the field.  Mr. Patterson said yes they will.

Mr. Aukland asked if any variances were needed and if there were any steep slopes or disturbance of wetland buffers in order to accomplish this renovation.  Mr. Patterson answered that no variances are needed nor are there any steep slopes or wetland buffers in the area.

Chairman Friedlander asked if anyone in the audience had any questions or comments.  No one responded.

Mr. McGarvey stated that he has a concern with Hackley School regarding an issue with firefighting ability if our water tank is low.  Mr. McGarvey said when Hackley had their fire hydrant tested, he and Mr. McAndrew had a conversation about this issue and McAndrew was asked to look into a second means of supplying water if our tanks are low.  Mr. McGarvey said he would like them to have an engineer look into this situation to determine at what elevation of our tank does Hackley start to loose firefighting capability from the hydrant and from their pump station, and to determine the worst case scenario.

Mr. McAndrew said he was not aware of this but would be happy to do that.  He reminded the Board that this was addressed at length, and perhaps the documentation from when approval was given to construct the water tank should be resurrected.

Mr. McGarvey said that may be the case but whatever was given to the Village at that time is not working now because Hackley is having a problem pumping, which is a problem for the Village.  This issue should be addressed as soon as possible.

Mr. Aukland asked Mr. McGarvey if he felt this was directly related to this application.  Mr. McGarvey said that it is not directly related but it is an issue that must be addressed, perhaps through the Planning Board.  Mr. Shumejda said that it is not part of this application, which is for a front entrance renovation, and we cannot attach it to it; but we can publicly ask Mr. McAndrew to look into the situation.

Mr. McAndrew said he will certainly look into the situation but he is not sure what his commitment is until they look into what was confirmed regarding the Village's commitment to supplying water when the construction of the pump house was approved.

Mr. Birgy stated that since this is a health and safety issue, it is critical that it should just be fixed and determined later whose responsibly it is.

Mr. McAndrew said he felt one answer to the problem is for the Village to guarantee that a certain amount of water will be in the tank at all times.  Mr. McGarvey said that is a condition that the Village cannot guarantee because the Village cannot predict when or if something may happen which will affect the water level.

All agreed that this situation should be looked into quickly.

Mr. Tedesco moved, seconded by Mr. Aukland, to declare that the Planning Board be lead agency; all in favor.  Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, to close the public hearing; all in favor.  Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, that there will be no significant adverse environmental impacts as a result of the proposed action; all in favor.  Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, to approve the proposed plan for the redesign of the front entrance of Hackley School subject to:

1.      Approval by the Building Inspector/Village Engineer.
2.      Approval of the landscape plan by the Village Landscape consultant.  Plantings should be native species or non-invasive ornamentals.
3.      Any remaining asphalt in the area behind the bleachers is to be removed and that surface made permeable.
4.      Tree protection measures, consisting of orange construction fences, shall be used around all specimen trees in the area of the work being done.
5.      The Board strongly urges that the stone walls along the road to the West of the entrance, running toward Midland Avenue, be repaired as soon as possible to complete the overall improvement to the school's entrance area.
6.      Payment of any outstanding escrow fee prior to the beginning of any site work.
7.      Signing of the final site plan by the Planning Board Chair.

All in favor.  Motion carried.


PRELIMINARY PRESENTATION - TOLL BROTHERS - WILSON PARK DRIVE

Chris Badger introduced himself and presented the two proposed changes to the approved site plan.  One is the extension of the existing stone walls on County House Road to Wilson Park Drive ending with a pillar on each side to enhance the entrance to Wilson Park Drive.  The walls will be dry-stacked stone walls; the pillars will be stone with a cap and a bronze plaque stating "Wilson Park."  The second change is the construction of a parking area across from the model home (lot 9).  This parking area will be used for parking for the trail, and overflow parking for the model home.  Since the Post Office will not allow delivery to individual houses in the subdivision, a mailbox station (gangbox) must be used.  This parking area will also give residents a place to park so they can get their mail.  Chris presented to scenarios, one would just be a parking area with five or six spaces directly off the road.  Cars would pull into a space off of Wilson Parking Drive and back out onto Wilson Park Drive.  The second scenario is a small parking lot with an entrance at one end off of Wilson Park Drive and an exit at the other end onto Wilson Parking Drive.  The area would have five or six spaces and the mailboxes would be placed within that area, making it safer for residents to get their mail.  

Mr. Tedesco expressed concern over the parking area.  He thought the parking area was to have 12 spaces and was to be for the Village Park.  He realizes that when the parking area was first discussed, they were not aware of mail delivery issues, but he would like to know just what that area is to be used for and how many spaces can be provided.  Secondly, he wanted to know if the parking area will conflict with the connection of the road bed trail to the Croton Aqueduct trail.

Mr. Badger said he was not involved in the original approval process but would take a look at adding additional spaces.  He was aware of the trail and just assumed that the parking area would accommodate the trail.

Mr. Birgy said he needs to see a plan showing the wall in relation to the trail easement.

Mr. Aukland said they had a presentation from the Tarrytown Lakes Committee which shows the trail going directly through the parking lot (Area C).  He did not think it would be a good idea to break the trail.

Mr. McGarvey asked if they had the right to erect a parking lot in that area since it is to be dedicated parkland.  Mr. Shumejda said once it dedicated, they cannot; but that it's up to the Planning Board to decide.

Mr. Blau said he had a concern with the option where cars would back out onto Wilson Parking Drive.  Mr. McGarvey agreed and added that the wall creates a sight-distance for cars backing up.

Mr. Birgy asked that they put the access to the stormwater retention ponds on the plans.  He would like the maps updated so they could see the total picture.

Mr. Badger said they are working on getting the plans updated.  They only brought this issue before the board because the model home will be opened soon.

Mr. Birgy said he thought that the staging area was to be cleaned up when the infrastructure was complete.  Mr. Badger said that the infrastructure was only just completed and they have a punch list which will be addressed in a week or two.

Mr. McGarvey asked if it would be done before the next worksession.  Mr. Badger said yes.  Mr. McGarvey said they would take a look at it before the next worksession to be sure it is done.

Mr. Birgy asked if the core samples at the soccer field were done yet.  Mr. Badger said he did not know but would find out.  He said there were crews out at the field today doing topo and as-built.  The drainage is an issue they are working at diligently.  Ms. Raiselis asked if the core sampling would be done before the next worksession.  Mr. Badger did not know but would look into it.  Chairman Friedlander asked if soil was brought into the soccer field site.  Mr. McGarvey said that soils from the other sites in the subdivision were brought into the soccer field.  Mr. Brigy asked if the soils that were moved to the site were checked.  Mr. Badger said he did not know.

Chairman Friedlander commented to Mr. Badger that we do not want to hold up the open house, but at the same time we don't want a piece-meal approach; so it's important that he have the answers for the Board at the next worksession.  It might be a good idea to come in with a backup plan showing temporary spaces for the open house; because if we don't have all of our answers at the worksession, you may not be able to move to a public hearing, which will result in a delay for you.

Mr. Birgy asked who approved the landscape plan because there are trees which may conflict with the trail easement or access to the retention basins.  Mr. Shumejda explained that landscape plans are approved on an individual lot basis and that the landscape plan was approved for Lot 9.

Mr. Tedesco stated that a landscape plan should be provided for this application as well.

Mr. Aukland just reminded Mr. Badger that he should get the requested information to them for the worksession.  The public hearing will take place, but it may have to be continued until January without that information.  Mr. Tedesco said if he could get it to the secretary before the worksession, which will take place on December 8th, it would be best so that the board could look at it before that date.

Mr. Tedesco moved, seconded by Mr. Aukland, to declare the Planning Board's intent to be lead agency; all in favor.  Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, to set an escrow of $2,500; all in favor.  Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, to set a Public Hearing for the December 13, 2011 meeting; all in favor.  Motion carried.

CONTINUATION OF PUBLIC HEARING – TARRYTOWN HONDA – 480 SOUTH BROADWAY

John J. Hughes, Jr., 181 South Broadway, Tarrytown, New York, attorney for the applicant introduced himself.

Mr. Hughes stated that he submitted a draft Environmental Assessment Form last Tuesday or Wednesday.

Mr. Hughes presented the traffic study as he went over it today with John Collins, the traffic engineer.  He said Mr. Collins would be here shortly and that a written report would be presented once it is completely compiled.

He spoke about the delivery of cars.  There are about 7-8 vehicles per car carrier.  Sixty-four new vehicles are delivered in a typical week.  Tarrytown Honda sells approximately 220 new cars per month, which are delivered by car carriers; and they sell approximately 120 used vehicles per month.  The used cars are not delivered on car carriers; they are delivered one or two at a time.

He referred to the attachment labeled Table A.
With the existing site, carriers come in off of Broadway up to Sheldon Avenue and then back up into the dead-end part of Sheldon Avenue and unload.  They exit the same way they came in.  

There are two proposals for the delivery and unloading of cars with the new building.  The first proposal has a left turn entry off of Sheldon Avenue into the site.  The second proposal has a turn from Sheldon Avenue circling through the dead-end portion of Sheldon Avenue into the site.  With both proposals, the carriers will unload on site and the site will be able to accommodate more than one carrier at a time.

The present building stores 70 cars.  The new building will store 191 cars.  Honda's concept is to store more cars inside for interior presentation and service drop-off.  When you pull in for service, etc., it is done inside, out of rain or snow.  If the servicing of your car is a simple matter, it will be done while you wait.

The showroom will not be expanded; the service, parts, customer waiting and office areas will be expanded.

Mr. Tedesco said that at the last meeting the board asked for four reports; the traffic report and the EAF have been presented. The other two reports asked for were the storm water drainage plan showing that all storm water is being retained on site and lastly a lighting plan.  Mr. Tedesco asked if they are being worked on.  Mr. Hughes said he does not have them but should by the worksession.  

Chairman Friedlander asked if there is a landscape plan.  Mr. Hughes said there is one which was already submitted.

Mr. Birgy asked if they could super-impose the new structure on the aerial plan.  He feels it will be helpful for the public to see that most of the vehicles would not be outside.

Mr. Tedesco commented that at the worksession they spoke about the size of the building being doubled, but the amount of business is not being doubled.  He asked Mr. Hughes to talk about the expected growth of the business.

Mr. Hughes said all businesses hope to increase and must increase but he felt this building size increase is more about customer retention.  It is important to give their customers a nice experience, like other dealerships in the area are doing.

Chairman Friedlander stated that there are two fundamental issues; this business is an existing business which is not going away, and we want to make it better for the neighbors.  We must decide how we make this business the best possible business for neighbors and the Village.  This is something the Board has been working on for some time in the worksessions.  We want to make it the best possible building for the neighborhood.  Their first presentation was unacceptable to the Board.  Honda has a standard building for all of their dealerships, but the Board said it's either Tarrytown's way or no way.  Mr. Dachnowicz was able to convince Honda to allow him to have a building more in keeping with the Village, as the Board requested.  The landscaping plan is also important to us because we want it to be the best plan for the neighborhood.

Chairman Friedlander asked Mr. Hughes and Mr. Dachnowicz to speak about the actual traffic issue and off-site loading and how they plan to handle it in the neighborhood.

Chairman Friedlander opened the meeting to question from the public.

Kim Sinistore, 8 Walter Street, spoke about the traffic study.  She said the study was done the week of Halloween when it snowed.  She also said the study did not include Sundays because they said they are not open; but they are open, just not for service.  She feels a second study should be done during a more normal week and Sundays should be included so that a comparison could be done.  Ms. Sinistore was concerned about landscaping.  She inquired as to the material of the fence, wood or metal; and on which side of the fence would the landscaping be done.  She is concerned about sufficient visitor parking and asked if there is some way they can dim the lighting at night.  She did her own study on vehicle traffic and she found that there are a lot of tow trucks that come in and out.  They park the wrong way in front of the Church and keep their engines running.  How can this be controlled.

Ms. Raiselis asked how they handle tow trucks coming to the dealership.  Mr. Dachnowicz said normally someone would go out to the tow truck and direct them into the dealership.  He has six porters who move cars around the lot and they actively look for tow trucks.  Sometimes they miss one or the driver is new to the area and just stops to seek direction.  They do try to keep on top of it.

Ms. Raiselis asked, in the new plan, would they come in where the car carriers go?  Mr. Dachnowicz said the new plan is so well thought out and efficient with the turning radius, signage, and sufficient space to accommodate more than one carrier at a time, that there would be enough room on site for the tow trucks.  

Rupert Murray, 6 Glenwolde, said the entrance and exit onto Walter Street is the most dangerous area - it's an accident waiting to happen.  He suggested that the make an exit in the front over the Broadway right-of-way onto Broadway.  Chairman Friedlander said that is the State's call and doubted they would allow it.  It was pointed out to Mr. Murray that the driveway he spoke about is being moved back further to make it a safer exit from the lot.

Marissa Feind, 12 Walter Street, biggest concern is the mechanic's test driving the cars.  They go all around the neighborhood and it's dangerous to everyone in the neighborhood, especially children.  She wondered if the trucks will actually be able to make the turn and how will they handle several trucks coming at one time.

John Collins, Traffic Engineer for Honda, discussed the truck entrances onto the existing lot.  Presently they come in, from Broadway, back in and unload; they exit by reversing that.  It is almost impossible to get trucks onto the present site, which is one reason for the back-up of trucks on the street.  In the future they will come in off of Broadway, make the turn on Sheldon Avenue into the lot.  There will be a bay/parking area for them to unload in.  They will then proceed straight and exit onto Walter Street and out onto Broadway.  Cars coming in for service will be able to circle around on the site to get to the service area.

Ms. Raiselis felt the turning radius looked tight and questioned if the trucks could actually make the turn.  Mr. Collins said the turning radius is conservative and the trucks will probably be able to make the turn in a tighter radius; however, it can be moved in several feet to make it more comfortable if the board so desires.  A second option is for the car carrier to come in off of Broadway and go to where they come in now and circle into the dealership rather than first backing up to pull in.  

Ms. Raiselis asked why this circle looks broken.  Mr. Collins said it is the way the computer program does it.  He said he could show it as one loop in.  Ms. Raiselis said she thought that would be a good idea to show the public how the carriers would be able to make that turn.

Mr. Aukland asked why there were the two alternatives.  Mr. Collins said they recommended the first one and the second one was the suggestion of someone in the audience at the last meeting.  Mr. Aukland asked which alternative he prefers and Mr. Collins said he would prefer to wait and hear what that audience says before he comments further; but both are feasible, but have their pluses and both have their minuses.

Mr. Collins elaborated on Table A.  The Monday before Halloween was not a typical day because the dealership asked that they stop delivering after 3:00 p.m.  He said they put people out to count which showed 50 cars on average were delivered a week.

Mr. Collins said the present on-site parking will significantly shift from outside to inside.  He does not expect a significant increase (10%) in traffic even though the number of bays will be increased.

Mr. Aukland asked if he had a recommendation for ways to reduce the number of cars driving through the neighborhood.  Mr. Collins said they can control the mechanics test driving through the neighborhood, they can control their employees by asking them to not drive through the neighborhood but they can only suggest to the customers test driving without a salesman that they not go through the neighborhood.  If we put a no left turn at the exit, it will direct them to Broadway.

Mr. Aukland is still very concerned about the traffic issue as brought up by the residents.

Mr. Collins said it is not necessarily true that the larger the dealership and/or the number of bays, the more traffic.  It will all be in the traffic report.

Chairman Friedlander said that a detailed explanation of the increase in traffic would be very helpful to the public.  Mr. Collins said that everything will be put in his report.

Lee Alefantis, 8 Glenwolde, asked when the public's questions were going to be answered.  Chairman Friedlander explained that this is what this process is for.  The board will take all of the public's questions and concerns into consideration as well as the responses from the applicant when making their decision.

John Furtado, 62 Sheldon Avenue, stated that the truck traffic is a major concern.  The traffic is constant from 7:00 a.m. to 7:00 p.m.

Mr. Birgy said that we need to look at the entire picture to make the situation better.

Mr. Tedesco asked Mr. McGarvey what the legal time is for deliveries.  Mr. McGarvey said he did not know, but its 8:00 a.m. for construction.

Mr. Blau said there is a restriction in the Noise Ordinance that has to do with deliveries.

Mr. Tedesco asked if the regulation is violated, are there fines.  Mr. Blau said if the police see it happen a summons is issued and the judge levies the fine.  Mr. Tedesco asked who the fine is levied against.  Mr. Shumejda said that it would be issued against the driver.  Chairman Friedlander asked if the Village is represented.  Mr. Shumejda said we have a Village Prosecutor who represents the Village at the hearing.

Mr. Tedesco stated that he feels there has to be a severe penalty approach for this situation on Sheldon Avenue.

Audrey Capra, 33 Sheldon Avenue, said there are too many cars on the property for the trucks to enter from Walter Avenue and exit on Sheldon Avenue.  She expressed her concerns about the trucks backing up and the test driving of the mechanics.  She felt the traffic study was impartial because Honda paid for it.  She asked what will happen to the fire hydrant that is on the property they are planning to buy.  Ms. Capra is concerned about the moving of the driveway; because if it is moved, it will be right in front of her driveway.  This will be taking away street parking for her family.  She feels there are more than 70 cars on the property and there are more than two carriers a day.

Mr. Birgy asked if we can tie in “no test driving” into the approval.  Ms. Raiselis asked who is going to enforce it.

Mr. Shumejda said it could be tied in by making the violation of the conditions a violation of the site plan approval, which is much more serious than a ticket.

Mr. Aukland asked Mr. Dachnowicz to come back to the next worksession prepared to discuss this issue specifically.

Josephine Tuths, 7 Stephens Drive, stated that the neighborhood is no longer a residential area and that the stop signs don't work.

Mike Trackley, 86 Sheldon Avenue, main concern is the illegal parking on the curve on Walter Street, which is very dangerous.

Allyson Boldyrev, 63 Embree Street, asked if it is legal for the trucks to back up.  Mr. Shumejda said according to traffic law, you are not allowed to back up a vehicle against the direction of traffic.  Ms. Boldyrev asked how can it be enforced and shouldn't they get fined for it.  Mr. Shumejda said according any violation of the Traffic and Vehicle law it is enforced by the Police Department against the driver not the owner of the dealership.  Ms. Boldyrev asked why nothing has been done about it.  Ms. Raiselis said it has to be seen by the Police in order to enforce it.  Mr. Blau said he would talk to the Police Chief and ask him to station more officers in the Sheldon Avenue neighborhood.

Ms. Boldyrev said maybe the Village could change its law so that violations can be addressed if seen on cameras.  Mr. Shumejda said there is special legislation for traffic cameras and he would have to look into whether it was applicable in this case.  He also stated that it is an issue for the Board of Trustees, not the Planning Board.  He stated that it would have to be a precise calibrated special camera, not a personal video camera or cell phone.  She feels that the trucks cannot make the turn and she asked the board to remember that the curve on Walter Street is very dangerous.

Mr. Aukland said that the Village would be doing a traffic study with a traffic engineer.  Mr. Blau clarified that the Village would not be doing a study but would be reviewing Honda's traffic study.  He also stated that once we get the report, it will be put on our website.  She stated that she would be comfortable with an established route for test driving.

Ms. Boldyrev asked how the zoning is going to work with the house they plan to purchase.  Mr. Shumejda said the Planning Board goes through their review and makes a recommendation to the Board of Trustees; and if approved, the Planning Board can approve the final site plan.  Ms. Boldyrev stated that she feels it is in the best interest of the neighborhood not to change the zoning.  Once it is changed to business, if the dealership goes out and they sell the property, another business can go there.

Chairman Friedlander said that it would then have to be done as a variance.

Mr. Birgy asked if it could just be tied to Honda as a Business Zone with a deed restriction.  Mr. Shumejda said they would have to obtain a use variance, which is almost impossible to achieve.  Mr. Shumejda said another option is a Special Permit.  Ms. Boldyrev asked if the Village could rent the property.  Mr. Shumejda said yes, but not for a long time because property owned by a municipality is to be used for a municipal use.  Ms. Boldyrev asked what would happen if they could not get the zoning changed, or a variance, or a Special Permit.  Chairman Friedlander said they could still build, just without that property.

Richard Minolta, 8 Walter Street, stated that parking is his big issue.  The street just doesn't have enough parking especially on Sundays because of the church.

Mr. Birgy asked Mr. Dachnowicz if they are open on Sundays; to which Mr. Dachnowicz said yes, but only from 12:00 to 5:00 p.m. for sales only.

Chairman Friedlander stated that all of these things exist now and the board wants to make it better.  The board will take everyone's comments and concerns into consideration when deciding on this application.

The public hearing will continue at the December 13, 2011 meeting.

PRELIMINARY PRESENTATION - GREYSTONE ON HUDSON - 612 SOUTH BROADWAY

Andy Todd introduced himself and explained what they planned for the property as follows:  They plan to make 2-5 acre estates while keeping in mind the historic district.  They are before the board to create a road through the property.  They could create a compliant road; however, it would create a lot more disturbance than making a road that disturbs some steep slopes and goes into the Broadway buffer.  The compliant road would require that they cut through about 2,000 s.f. of  rock which would create a significant disturbance.  They will be asking for a waiver so that they do not have to disturb the rock. Their proposed road is an existing historic road that runs through the property which is not presently up to New York State standards.  This road will decrease the impervious surface by approximately 40,000 s.f.  The road is presently 16' wide which they will widen to 18' in order to save the trees.  They will be asking for a waiver in order to do so.  There is a small amount of steep slopes.  At one point the road has a 12% grade, which they can scale down to 10%; but in order to do so, they would have to destroy a beautiful historic Beech tree, which they do not wish to do.  They will come off the existing road slightly to avoid the existing brick wall.  With the use of this road, lot 1 of their original submission will be moved out of the intermittent watercourse buffer and be completely compliant; lot 5 had to be shifted into the intermittent watercourse buffer; but they feel this will create the least amount of disturbance.  There is a swale near South Broadway which runs off onto Broadway and creates a huge amount of ice in the freezing weather.  They would like to fix this swale to alleviate this dangerous condition in the winter months.

Chairman Friedlander asked Mr. Todd to explained for the public what is going to happen in Tarrytown and what is going to happen in the Town of Greenburgh

Mr. Todd explained there are going to be 8 lots in the Village of Tarrytown and 12 lots, where 33 are allowed, in the Town of Greenburgh.  They are donating 21.7 acres to Taxter Ridge Park.  

Danny Gold, President of the East Irvington Civic Association, wanted it put on record that their main issue is that the development only have 8 houses in Tarrytown and 12 in Greenburgh.  The Association recommend that a deed restriction be made to limit the houses in Tarrytown to 8 and 12 in Greenbugh; so if the property every gets sold, it cannot be subdivided any further.  He explained that the donated land will not go to Taxter Ridge Park, but would just be parkland in Greenburgh.  They also it to be made a condition of the proposal to insure that it will be parkland in Greenburgh.

Chairman Friedlander stated that it will be registered with New York State.  Mr. Gold said it would be registered open space with the State of New York.  Mr. Todd said they were fine will all of that.

Chairman Friedlander asked the Board if they had any questions.  Mr. Birgy asked Mr. McGarvey if all of his questions in his November 10th letter have been addressed.  Mr. McGarvey said yes.

Chairman Friedlander explained that the board will do site visits to each lot and possibly make suggestion as to the location of the house to save a tree, etc.  Mr. Todd said they were aware of that.

Mr. Birgy felt that the Greenburgh sites where configured differently than the Tarrytown lots; and since this is one subdivision, there seems to be a lack of continuity.  He asked that they talk about it at the worksession.

Chairman Friedlander said Mayor Fixell already spoke with Supervisor Feiner regarding our intent to be Lead Agency.

Mr. Tedesco moved to declare the proposed drainage swale improvements for Greystone on Hudson a Type 2 Action under SEQR and an action in accordance with the objectives of Chapter 169 of the Village Code dealing with flood damage prevention.

Mr. Tedesco also moves that the Board grant a waiver for the incursion into the watercourse buffer necessary to make these improvements.  The improvement to overall drainage in the area of South Broadway and the surrounding community will be significant and will provide protection for public health and safety.

The specific procedure used in the proposed drainage swale improvement must be approved by the Village Engineer.  

Seconded by Mr. Aukland, all in favor.  Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland to declare the Planning Board's intent to be lead agency, all in favor.  Motion carried

Mr. Tedesco moved, seconded by Mr. Aukland to set an escrow amount of $20,000, all in favor.  Motion carried

After a lengthy discussion by the Board, it was decided to continue the preliminary presentation at the December 13, 2011 meeting.

Adjournment – 10:45 p.m.

Dale Bellantoni
Secretary