Skip Navigation
This table is used for column layout.
 
Planning Board Minutes 3/26/2012
Planning Board
Village of Tarrytown
Regular Meeting
March 26, 2012; 7:00 p.m.

PRESENT:        Chairwoman Friedlander: Members Tedesco, Aukland, Raiselis; Counsel Shumejda; Village Administrator Blau; Village Engineer McGarvey; Secretary Bellantoni

APPROVAL OF THE MINTUES – February 27, 2012

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried that the minutes of February 27, 2012 be approved as submitted.  Motion carried.

CONTINUATION OF PUBLIC HEARING – Honda - 480 South Broadway

Adjourned at the request of the applicant.

CONTINUATION OF PUBLIC HEARING – EF International - 100 Marymount Avenue

Adjourned at the request of the applicant.

CONTINUATION OF PUBLIC HEARING – HSA-UWC - Jardim Estates East - Browning Lane

Chairman Friedlander moved, seconded by Mr. Tedesco, the following resolution:

        Whereas, the Holy Spirit Association ("the Applicant") submitted a Draft Environmental Impact Statement (DEIS) dated January 2012 to the Village of Tarrytown Planning Board for the Jardim Estates Residential Subdivision, and

        Whereas, the Planning Board and its consultants reviewed the submitted DEIS and determined that it was incomplete as it did not include an analysis of cumulative impacts with regard to the proposed development of the adjacent Greystone residential subdivision proposal, and

        Whereas, the Applicant revised the DEIS to include an analysis of cumulative impacts and resubmitted it to the Planning Board on March 13, 2012,

        THEREFORE BE IT RESOLVED THAT, THE Village of Tarrytown Planning Board accepts the DEIS for Jardim Estates East as complete for public distribution.  A public hearing on the DEIS will be held on April 23, 2012.

The Planning Board requests the Applicant to provide one copy of the DEIS at Village Hall and one at the Tarrytown Public Library and also to post the DEIS on the Village website.

All in favor; motion carried.

CONTINUATION OF PUBLIC HEARING – Leminentus NY, Inc. - Castle-On-Hudson - 400 Benedict Avenue

Mike Flynn of KTGY Group, architect for the applicant, introduced himself as well as the applicant's attorney, Bill Null and the applicant's engineer, Steve Grogg.

Mr. Flynn stated that they had an open meeting with Carrollwood to discuss their issues.  He presented the most current site plan and explained the changes that were made to the project since their last presentation.  The new entrance design remains the same as shown in the original site plan.  They modified their entry point to the Castle from a small structure to a gate.  The stone work has been modified to match the existing walls.  There will be parking along the roadway up to the entrance of the Castle.  The proposed addition of a small structure for valet parking and the sale of sundries and the changes/additions to the main building remain as originally proposed.  The spa is basically the same with some small changes to the elevation.  Stone has been added to the side of the spa that is seen by Carrollwood.

He stated that the most significant change is the deletion of the parking structure because it was going to be very difficult to mitigate its impact on Carrollwood; and for budgetary reasons, they felt since they are operating without it now, they can continue to operate without it.  The currently parking area will have the impervious area removed and the entire area will be pervious pavers.  The hardscape around the spa will be removed and replaced by extensive landscaping.  A large portion of the spa roof will be vegetative and remainder of the roof will be similar to the roof on the Castle.  The backside of the site will have a botanical garden and the terraces will be re-graded so that they tip back to slow down the rate of flow.  At Carrollwood's landscapers suggestion, they will be adding an infiltration trench, 12" wide by 24" deep and gravel filled, along the back edge to intercept some water.  The last major change will be the use of the tennis court area for overflow parking when they have events.  This parking area will be used by the staff.  The present pathway down to that tennis courts will be widened to an access road to that area.  Mr. Flynn showed what the area would look like from Benedict Avenue and looking down from the site.

Mr. Flynn stated that they have modified their stormwater report to show in all cases there is a reduction in the 10 year, 25 year and 100 year storm.  There are small reductions in the large storms and larger reductions in the small storms.  Thirty-five percent of their surface will be pervious.  As discussed with Mr. McGarvey, they will install a second drain box to mitigate the seepage of water at the intersection of Martling and Benedict Avenues.

Chairman Friedlander asked if the gate at the entrance would be open.  Mr. Flynn said the plan is to keep it open at all times and the Fire Department will have a controller to open it should it be closed (i.e. if the Castle itself is closed).

Mr. Friedlander asked the width of the road now that they are going to park along it.  Mr. Flynn said it is 28' wide but they are parking off the road.  He stated that they are planning to landscape it so that it will not look like a parking area.

Ms. Raiselis asked Mr. McGarvey if he is satisfied with the stormwater issues now.  Mr. McGarvey said yes he is.

Ms. Raiselis asked Mr. Flynn if they have discussed the botanical garden with their landscaper to be sure it is designed so that the plantings will survive a large storm.  Mr. Flynn said, yes they have.  She asked about the matching of the color of the stucco on the spa to the carriage and if the carriage house is historical.  Mr. Flynn said it was built in 1994.  He said they want the spa to blend more with the site so that the Castle is unique and the other structures on the site are secondary to it.  Ms. Raiselis thought perhaps they could darken the spa a bit so that it doesn't stand out so much.  Mr. Flynn said they will look at a darker color which will lighten up with age.

Mr. Flynn stated that they will be installing an emergency generator in the service area with plenty of screening.  It has its own weather-proof and sound-proof housing.

Mr. McGarvey asked when they are planning to do this.  Mr. Flynn said they would like to install it during the first phase of the project.  Mr. McGarvey explained they will need to provide him with the decibel number readings from the property line, especially from the property line between the Castle and Carrollwood.  He said the maximum decibel numbers are in our code.

Mr. Friedlander asked if they still planned to have only one event at a time.  Mr. Baeriswil, general manager, explained that they will only host one event at a time as they do now; and for a wedding, it will have to be a full buyout.  Mr. Friedlander asked if they had any objection to that being a condition of the approval.  Mr. Gilbert said it is already in the by-laws now.  Mr. Friedlander explained if they wish to change that, they would have to come back to the Board and request permission to do so.

Mr. Birgy asked how they plan to conserve energy in the spa.  Mr. Flynn said they will be as energy efficient as they can possibly be.  They are looking at high-efficiency boilers, high-efficiency HVAC units, limiting the number of openings, will have a good level of insulation in the walls and roof as well as the green roof which is a great insulator, there will be sky lights to bring in natural light.  He said they are looking at LEED equivalency and they are committed to make it as efficient as possible.

Mr. Birgy asked if, short of certification, would they be willing to do a LEED certified building with a guideline for that.  Mr. Null stated that they are willing to work toward a LEED check list but cannot be LEED certified.

Chairman Friedlander asked if there were any other questions.  No one responded.

Mr. Tedesco moved, seconded by Mr. Aukland, that the Board declared itself lead agency for this proposal.  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 impact as a result of the proposed actions.  All in favor; motion carried.

Mr. Tedesco moved to approve the proposed renovations and small additions to the existing building, and the construction of a new free standing spa building.  This approval is subject to:

  • Approval by the Building Inspector/Village Engineer, particularly in regard to the adequacy of the stormwater/drainage plan.
  • Approval by the Village Landscape Consultant.  Plantings should be of native species or non-invasive ornamentals.
  • Tree protection measures, consisting of drainage construction fences shall be placed around the drip line of all specimen trees in the area of the work being done.
  • If any trees which are designated to be preserved are damaged due to site work and subsequently need to be removed, the applicant agrees to replace them in kind.  If this is not possible, then planting of multiple trees approved the Village Landscape Consultant or payment of the appraised value of the trees to the Village Tree Replacement Fund will be required.
  • Approval by the Zoning Board for the variance needed for locating the entrance gate and the east parking area within the minimum side yard setback of 100’ (the potential amendment to the Compatible Use Permit may result in no variances being required).
  • Approval by the Architectural Review Board for this spa building and any additions or façade changes to the existing building.
  • The large surface parking area provided is to be re-graded as necessary and all of the existing asphalt is to be replaced by permeable paving.
  • The driveway to the proposed courtyard of six temporary parking spaces and the spaces themselves are to consist of permeable pavers.
  • The approval is also subject to an amendment to the Compatible Use Permit by the Board of Trustees if it is deemed necessary.
  • Only one Castle event at a time is to be permitted and deviation from this must be approved by the Planning Board.
  • Payment of any outstanding escrow fee prior to the granting of a building permit.
  • Signing of the final site plan by the Planning Board Chair.
Seconded by Mr. Aukland, all in favor; motion carried.

NEW PUBLIC HEARING – Greystone-On-Hudson -_612 South Broadway

The certified mailing receipts were submitted and the sign was posted

The minutes for the application were taken and transcribed by a professional stenographer and they are attached to the original minutes of this meeting.


PRELIMINARY PRESENTATION – Toll Brothers - 110 Wilson Park Drive

Chris Badger from Toll Brothers presented applications for site plan approval for  Lots 1, 3, and 4.

Mr. Badger first gave an update on the overall project stating that they have awarded the geotech contract to Dvirka and Bartolucci.  They have done test holes and they should receive their report by the end of this week, which will put them in a good position to start work on the soccer field in April.  Regarding sub-contractors for the project going forward, they have met with all contractors and required they sign a contact stating that they have read and fully understand and abide by Toll Brothers code of conduct.  All of this information will be re-stated to the sub-contractors at a pre-construction meeting prior to the start on each individual home.

Mr. Blau asked what they will do if they do not comply with their contract.  Mr. Badger said it depends on the violation.  They issue written warnings, violations or immediate termination.

Mr. Birgy asked what level of direct supervision Toll Brothers will provide; and if the Village is not happy with the supervision, he recommended to the Board that they  place someone in that position at Toll Brothers expense.  Mr. Badger said they now have daily on-site supervision as well as he himself being on-site four days a week.  They now have an engineer on site five days a week.

Mr. Badger said once the house is basically weather-tight and closed up, to what extent do they expect supervision.

Ms. Raiselis explained that anything that impacts the neighborhood; i.e., driveway, landscaping, etc.; not interior work; i.e. kitchen installation, etc.  

Mr. Aukland stated things like where are the delivery trucks going to park, etc. should be considered.

Mr. Tedesco said it would be helpful if he could provide the Board in writing what their construction management oversight procedure is.  He stated that normally with a project of this size the Board hires a construction manager at the cost of the builder.  They did not do it with this project because of the supposed high quality of the builder.

Mr. Badger said he would be happy to provide that information in writing.

Mr. Tedesco said the Board will review your write-up for approval.

Mr. Badger said they are hoping to break ground in June, depending upon approvals.  There is approximately an 8-month build period.  They will begin with the construction of lots 1, 3, & 4.  Construction starts every 3 weeks or so.

Mr. McGarvey said that he sees that Mr. Badger has signed all of the submitted documentation and ask if we could have something in writing stating that he has authority to sign on behalf of Toll Brothers.  Mr. Badger said he would provide that in writing for the Village.

Mr. Badger described the proposed house for each of the following site:

Lot 1 - 110 Wilson Park Drive

They are proposing to build a 4,217 s.f. hardy plank New England style center hall colonial with 4 bedrooms, 3 bathrooms, 3-car garage, and to be Energy STAR certified.  For this particular site and how it differs from the approved plan, they shifted the driveway from lot 1 to lot 2 in order to save a 32" white pine.  They also shifted the house back 10' to save a 36" white pine.

Mr. Badger said all of the revisions were discussed at the last staff meeting and he has copies of the revised plans for distribution.

Mr. Blau said that we understood that the Village has a easement across the property.

Mr. Badger said their surveyors could not find an easement.  They did extensive research and to their knowledge that easement does not exist.

Mr. Blau said if we have the documents showing an easement, we will show them to him.

Mr. Birgy asked why they placed the house on the site at that angle. Mr. Badger said this is the general orientation as approved.  He said this is a flag lot and when coming up the driveway, it is a nicer view of the home.  Also he said placing as such, only two trees will be removed from the site.  He showed an elevation of the home and a street-view rendering.


Mr. Birgy asked Mr. Badger how these homes, which begin with a standard house and is customized with various available options, are being intergraded into the property.  Mr. Badger explained the process for customizing each house:

  • They start with a standard plan
  • Buyer chooses structural options
  • A marketing plot plan is designed
  • Engineer looks at the site and determines how the house best fits the site.
  • The property is staked
  • The buyer walks the site
  • They go into contract
Mr. Badger said they would not allow a buyer to go into contract if they had an outrageous request which would not be approved by this Board.

Chairman Friedlander asked if there were any questions or comments.  He stated that they are going to visit the site staked out so they will have a better idea of what it will be like.

Mr. McGarvey had a few comments regarding the plan.  The plans need to show the limits of disturbance, tree protection for trees to remain, and the plan only shows 6 cul-tec infiltrators.  Mr. Badger said it is a different product; not cul-tec, but storm-tec.  He said the revisions were made after the staff meeting and he would make the changes/additions to the plan and provide him with the calculation.

Mr. Birgy asked Mr. McGarvey what kind of tree protection is required.  Mr. McGarvey said it is usually staked or fenced.  Depending upon the limits of disturbance, what kind of fencing, and how far the trees are from the limits of disturbance, if they mess up we have them on two counts: one exceeding the limits of disturbance for an improved plan and second for endangering a tree.  Mr. Birgy asked if it would be at the drip line and about hay bales.  Mr. McGarvey said yes, at the drip line and yes, hay bales to be used as a barrier so that equipment does not back into the tree.

Mr.  McGarvey also said that he would like to see a delineation between the site and the parkland so that contractors do not park on the parkland.

Mr. Birgy asked about the stone wall that is to be built dividing the private property from the park.  Mr. Badger said he spoke with Mr. McGarvey and he will providing him with a detail of the wall.  He said it will be a dry laid stacked stone wall.  He said they will build a sample wall so that the Board can see it.

Mr. Raiselis asked that they darken the trees on the plans so that they can be seen more easily.  She also feels that a dry-look stone wall with mortar on the inside would be better because it would be strong and last longer.

Mr. Birgy asked if it would need a footing.  Mr. McGarvey said a dry stone wall, no; a structural with concrete wall, yes.  Ms. Raiselis thought around the park area a concrete mortar wall is advisable.  Mr. Badger said to put a footing in may affect the roots of the trees.  

Mr. Birgy asked who will be taking care of the wall in the future.  Ms. Raiselis said it's the property owners responsibility.  Mr. Badger said on the plan it shows it entirely on the Village property.  Chairman Friedlander said it is a issue and we should discuss it further.

Lot 3 - 7 Warner Lane

They are proposing a 4,800 s.f. center hall brick colonial house with four bedrooms, 4 ½ bathrooms, 3-car garage and to be Energy STAR certified.  The only deviation from the approved plan is the removal of a section of the guiderail that is currently on the plan to allow for the driveway.  Mr. Badger showed an elevation of the home and a street-view rendering.   He stated that only two trees are slated to be removed.

Mr. Brigy asked if the site will be stake when the do the site visit.  Mr. Badger said they stake out the house,  the property corners, centerline the driveway, the cul-tec infiltrators, and the trees.

Chairman Friedlander asked if there are any comments regarding this site.

Mr. McGarvey said his comments are universal.

Lot 4 - 5 Warner Lane

They are proposing a 5,500 s.f. hardy plank center hall colonial with five bedrooms, 4 ½ bathrooms, 3-car garage on 1 ¼ acres that abuts the parkland.  The deviation from the approved plan for this house is that it has been shifted to the east to take it out of the drip line of a tree on the neighbor's property.  Mr. DeRocker asked that the cluster of trees in the front of the property not be removed in the future.  Mr. Tedesco said it could be done with a deed condition.  Mr. Badger said that would be fine.

Mr. Birgy asked how he could justify building a 5,500 s.f. home next to an 1,800 s.f. historic home when originally stated that they were going to build homes between 3,000 and 4,000 s.f.  Mr. Badger said that was not a true statement and this particular home is smaller than zoning permits.  We stated that we are marketing homes between 4,000 to 5,000 s.f. before options are added.

Ms. Raiselis stated that this home ia wide and less deep; if you sited it differently, long and narrow, it would be much less of an issue to us.  Mr. Badger responded that if they were building spec houses they could have done that; but the buyers of this particular house has a family member with special needs and this house accommodated those needs.  We tried to reconfigure the house and put the master in the rear instead of the side; but with the roof lines, we just could not make it work.

Chairman Friedlander ask if they were shown other sites.  Mr. Badger said they were the first to put a deposit down and they saw all of the sites, but they like this one.
Ms. Raiselis said she feels they should work more on this house because it is too wide for the lot.

Chairman Friedlander asked what the side yards are.  Mr. Badger said one side is 41' and the other side is 28' to the piece that juts out.  Chairman Friedlander asked what that jutted-out section is.  Mr. Badger said it's the master bedroom.  Chairman Friedlander asked why they didn't put that master bedroom in the back of the house.  Mr. Badger said they tried to but it just didn't work with the roof line.  

Chairman Friedlander said that we, as the Planning Board as a Village, created an up-zoning; and once that up-zoning was done, we created the subdivision.  We created a very deep lot and if the house was pushed back and not so wide, it would be better.   He stated that Mr. Badger is saying that they did do that because the house next to it is back and the Ice House is up front so you don't see one linear wall of houses.  He feels that they should take another look at it.  Mr. Badger said they looked at it quite extensively and feels it will never get past the ARB because of the roof line.

Mr. Aukland said he believes they should go look at the site to get the full picture.

Ms. Raiselis said they could still push it back a bit even if it is wide, and this would give the Ice House some prominence and space.  Mr. Badger said that the DeRockers asked that they keep the house closer to the street so that when they are sitting in their back yard they can still have a view of the parkland.

Chairman Friedlander said to have it fully staked out for the site walk.

The Board allowed Mark Fry to speak regarding the easement issue as referenced in a New York Time article.  Mr. Fry said that he reviewed the SP-1, existing conditions, and he saw that there are no easements (water, electric, etc. ) on SP-1.  He asked that all of the easement be put on page SP-1 of the plan.  He explained the history of the four parcels and the easements that were once on the property.

Mr. Blau stated that the Village Attorney will look into this matter to see if there are any easements.

The Board agreed to do the site visit after the April 12, 2012 staff meeting.

Mr. Tedesco moved, seconded by Mr. Aukland to set public hearings for the May 2012 meeting on the site plans for the single-family dwelling on Lot 1, 110 Wilson Park Drive, on Lot 3, 7 Warner Lane, and on Lot 4, 5 Warner Lane.  All in favor; motion carried.


ADJOURNMENT

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 10:45 p.m.


Dale Bellantoni, Secretary