Planning Board
Village of Tarrytown
Regular Meeting
April 23, 2012; 7:00 p.m.
PRESENT: Chairman Friedlander; Members Tedesco, Aukland, Raiselis, Birgy; Village Counsel Shumejda; Village Administrator Blau; Village Engineer McGarvey
ABSENT: Secretary Bellantoni
Chairman Friedlander opened the meeting and introduced Ms. Fran McLaughlin, Chairwoman of the Greenburgh Planning Board. The Greystone project is a joint project with the Town of Greenbrugh and Ms. McLaughlin is present as their representative.
CONTINUATION OF PUBLIC HEARING – Greystone - 612 South Broadway
Chairman Friedlander stated that this is a continuation of the public hearing and opened it to comments from the public.
Mr. Danny Gold, East Irvington Civic Association, stated his appreciation for the conservation easement given by the developer for the 21.7 acres in Greenburgh; however, he has a concern that Greenburgh will not declare it as parkland. He asked if Tarrytown, as the Lead Agency, can do any thing to make sure that the 21.7 acres is declared as parkland.
Mr. Shumejda said the only thing the Village can control is what the property can be used for; and under the conservation easement the only thing the property can be used for is passive recreation. Its use is very limited. It may not have the designation of a parkland; but in essence, it will be parkland because that is the only thing is can be used for. The Town of Greenburgh will have to accept the property as such.
Chairman Friedlander asked if the Village will need to obtain an easement over Taxter Ridge Park in order for its residents to gain access to that parkland.
Mr. Shumejda said it is open to all people in the State of New York, County of Westchester, Town and Village. If the Village Planning Board feels there is a need to incorporate an easement into it, that can be done.
Chairman Friedlander asked if anyone else would like to comment.
Ms. Raiselis asked how the conservation easement is accepted and filed.
Mr. Shumejda said it should be part of the FEIS at the approval of the subdivision.
Mr. Todd first mentioned that there will still be a 10-day comment period; and then said that the conservation easement is in the FEIS. They are going to permanently give a conservation easement to the Village of Tarrytown, but it will not happen until the Greenburgh portion is legally subdivided. Ms. Raiselis commented that we could go through a lot of approvals before that is done. Mr. Shumejda responded that the Town of Greenburgh cannot convey that portion of the parcel until they approve the subdivision. The conservation easement will be subject to the approval of the subdivision.
Ms. Raiselis asked what if there is a delay on the Greenburgh portion. The Village could give all its approvals and the Tarrytown portion could be developed, but what happens if something happens with the Greenburgh portion? Mr. Shumejda said he did not see an issue with that because Greenburgh would have to approve it first and then approve their subdivision. In between the conservation easement would be signed and delivered.
Mr. Todd said he has heard nothing from the Town of Greenburgh other than that this space will become open space in perpetuity. Ms. McLaughlin said the project has not been presented to the Greenburgh Planning Board yet. She had a question regarding the conservation easement to the Village of Tarrytown and how it affects maintenance and liability on that parcel. Mr. Todd said he thought since it is still owned by the Town of Greenburgh, it is the responsibility of the Town of Greenburgh, just like Taxter Ridge Park. Ms. McLaughlin pointed out that Taxter Ridge Park is a State Park but this is different, it is an easement to the Village of Tarrytown, and she is not sure how it will work.
Chairman Friedlander felt that it is critical that somewhere in the Findings it is reflected as a conservation easement and access is available to residents other than Greenburgh residents. If there is ever a change on the part of Greenburgh and there is any other development which will affect that access road down onto South Broadway, the Village of Tarrytown would not approve it because it would affect the Environmental Impact Statement which was based on these two developments only. Mr. Todd said one of the reasons they are donating the property is to keep it as parkland. Chairman Friedlander said the Board understands that; but in the past things have happened that have affected parklands, and they are just trying to be sure that it does not happen again. He said that Mr. Shumejda and our Consultant will work out
the wording in the Findings to make it the best that we can do. We can also suggest to the Town of Greenburgh that they submit this for parkland to the State. Ms. McLaughlin said she felt that everyone would like to see that parcel stay as open space.
Mr. Gold said that he thought that once the Town of Greenburgh accepts the conservation easement it becomes their responsibility for maintenance and liability. Mr. Shumejda agreed. Mr. Blau clarified that not only is the land going to be encumbered with a conservation easement, it is also going to be conveyed to the Town of Greenburgh; therefore, Greenburgh will own the property.
Les Jacobs of 47 Stephens Drive was concerned about the analysis of the drainage of water because the engineer studied a 100-year storm (7 inches over 24 hours), which we had with Hurricane Irene. The real damage to Tarrytown was 5 inches over an hour which we experienced several years ago. He asked if it was measured for that type of storm. He felt they are using the wrong measurements.
Chairman Friedlander asked if there were any other comments; no one responded.
Mr. Tedesco moved, seconded by Mr. Aukland, to close the public hearing on the FEIS for Greystone. All in favor; motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, that the Board accept the FEIS as complete and the next process will be the SEQR Findings and eventually the preliminary subdivision approval. All in favor; motion carried.
CONTINUATION OF PUBLIC HEARING–(HSA-UWC) Jardim Estates East Subdivision - Browning Lane
Mr. Aukland read the following statement:
"I recued myself earlier on this application on the advice of the Village Ethics Board because my property joins the land to be subdivided. I subsequently suspended the recusal to help insure completeness and accuracy of the application. I am now resuming my recusal and do not intend to vote on the DEIS to be presented this evening."
The certified mailing receipts were submitted and the sign was posted
The minutes for this application were taken and transcribed by a professional stenographer and they are attached to the original minutes of this meeting.
CONTINUATION OF PUBLIC HEARING – Tarrytown Honda - 480 South Broadway
John Hughes, attorney for the applicant, presented a power point presentation as follows:
1. Site Plans
Michael Stein, President of Hudson Engineering Consulting, engineers-of-record for the project, discussed the site plan. Existing 230 exterior parking spaces will be reduced to 80 exterior spaces. The remaining 150 spaces will be on the inside and included in the parking on the lower level; the first level which will include service, vehicle drop-off and vehicle display; and the second level for vehicle storage and employee parking. Along the north side of the building a ramp will be provided for access to the lower level and the upper level. The will be 10 interior spaces for vehicle drop-offs and enough room for 10 cars to line up waiting to enter the drop-off area. The total impervious area will be decreased from approximately 69,000 s.f. to 60,800 s.f. for a total decrease of 8,200 s.f. or
10.6%.
The site is located in the Sheldon Brook Drainage District. After meeting with the Village Engineer, they were requested to attenuate the peak rates of run-off from the site for all storm events. In addition they provided a mechanical filtering device where all the stormwater leaves the site. This is being done to provide water quality mitigation and it treats all of the water coming from the site.
They are proposing approximately 8,500 s.f. of the roof as green roof. Currently there is a 10,000 gallon underground fuel tank which will be removed from the site.
The following variances are required:
Variance Existing Proposed Required
a. Front Yard (So. Broadway): 18’ 0.1’ 12’ 30’
b. Front Yard (Walter Street and
Sheldon Avenue): 0.8’ 42.51’ 29. 2’ 30’
c. Rear Yard: 9.4’ 29.09’ 40.6’ 50’
d. Coverage: 23.5% 26.6% 43.5% 20%
e. Building Height: 4.2’ 17.2’ 39.2’ 35’
f. Parking: 32 spaces 277 sps. 309 sps.
2. Traffic/On Site Operations
John Collins of John Collins Engineers spoke on the traffic. Mr. Collins stated they have completed the following traffic related items: An extensive traffic impact study which took into account operating conditions at the intersection of Broadway and Walter Street as well as at the existing and proposed driveways at Sheldon Avenue and Walter Street.
The larger concern, circulation, has been addressed by relocating the current entrance from Sheldon Avenue to a new location, the easterly driveway. They have also improved the driveway to Walter Street in the showroom area. On-site circulation for service will be multiple and will all be done on-site. Deliveries trucks will enter the site off Sheldon Avenue and park and off-load on the site. They will then circle out onto Walter Street and onto Broadway. All deliveries will be on site. All driveways will have property site lines and only right turns will be permitted from the driveways. Sales people as well as mechanics will be instructed not to test drive within the neighborhood.
Ms. Raiselis asked if the no left had turn is only onto Walter Street? Can a left hand turn be made onto Sheldon Avenue? Mr. Collins said yes they can but we are instructing our people not to make a left-hand turn onto Sheldon Avenue.
Mr. McGarvey asked the site-distance coming out onto Walter Street down toward Sheldon Avenue. Mr. Collins said they set the fence back far enough so that they can see close to 200' (he did not have the exact number but could provide it).
Mr. Aukland asked if a car carrier is unloading, can a service customer still get into the service area. Mr. Collins said yes because there are two doors into the service bay.
Mr. Aukland asked if one car carrier is on-site unloading and another arrives, where does it wait. Mr. Collins stated that will be a matter of scheduling which Mr. Dachnowicz will work out with the home office.
3. Landscaping
Greg McCurrio, from Daniel Sherman Landscape Architect, a Registered New York State Landscape Architect and Arborist stated their process is started with a site analysis to see existing conditions. Based on that evaluation they have come up with the following proposed concept plan: Install a 6' high cedar solid panel fence around the majority of the parking area between Tarrytown Honda and the adjacent neighborhood, screen the fence with significant plantings between the road and fence.
Mr. McGarvey asked about the site-distance issue. Plantings between the road and the fence will negate the site-distance. Mr. McCurrio said the plantings will meet the guidelines as stated on the drawing: no shrubs to exceed 36" in this area and the street trees must be limbed up to 8' above the finished grade.
Mr. McCurrio stated that their plan will significantly increase the diversity of plant material for both Honda and the neighborhood because most of the plantings will be on the outside of the fence. Lawns have been replaced with plant materials to increase curb appeal.
Mr. McGarvey asked who maintains the plantings on the Village right-of-way. Mr. McCurrio said he believed Tarrytown Honda would be maintaining all planting in the area. Mr. Blau asked Mr. McCurrio if he believed Tarrytown Honda would have an issue with that being placed as a condition on the approval. Mr. McCurrio said not that he is aware of.
Chairman Friedlander asked Mr. McCurrio to go over the landscape plan for the newly acquired area at the end of Sheldon Avenue and also on the triangle piece on the corner where the turn-about is. Mr. McCurrio said there will be a variety of plantings: a variety of evergreen trees and flowering plants, purple beech, American hollies, Norwich spruce, magnolias, etc. There will be a planted buffer on the neighborhood side of the fence. The fence in that area will have a gate to access the area for maintenance without going onto adjacent properties. Chairman Friedlander asked if there were benches in that area where customers could sit and wait for their cars. Mr. McCurrio said none were planned but thought it was a good idea and said there is a area on the left side of the fence where they could do that. Chairman Friedlander asked what was planned for the front of the building. Mr. McCurrio said there will be planted areas with seasonal plantings along the front elevation
along Broadway and in the slightly raised planting bed between the sidewalk and the parking area.
4. Lighting
Gary Lynch of Lynch Engineering, lighting consultant, introduced himself. Mr. Lynch said that he surveyed the site in the evening and found that the lighting was very sporadic with different lighting being added over the years. It has a harsh appearance for those living in the area. Regarding the Sheldon Avenue storage area, the evening foot candle level is a 2 foot candle on average; and on the Walter Street display area, there are about 5 foot candles in the evening. The proposed scheme is much more efficient and even distribution with zero backlighting into the neighborhood properties. Street lighting will not change. The proposed plan will have 4.5 foot candles in the evening in the display area and 1.75 foot candles in the storage areas. This will be achieved with an automatic dimming control. The fixtures are dark-sky compliance and have full cut-off, which means it just goes where they want it to, and there is no backlighting. They will be mounted on 20' poles which
can rotate 360 degrees for positioning. The wattage will be 315 watts for energy efficiency.
Mr. Tedesco asked if the proposed color calls for Master color elite. Mr. Lynch said yes.
Mr. Birgy said that the City of White Plains uses LED street lights and they are very pleased with them. At the staff meeting, we spoke about lighting that is not the standard for a car dealership but one that is lower and more pleasing to the neighborhood. We were hoping to come to some sort of a compromise and perhaps they could reconsider LED lighting.
Mr. Lynch response was that they could use LED's but they would need too many which is not cost effective for their client. Another issue is that they are not the most efficient lights. They look brighter but they really aren't.
Chairman Friedlander asked what level of lighting did Honda tell you they needed and why.
Mr. Lynch said Honda does have a standard lighting plan for their dealerships. What we proposed is much lower than their standard. For storage areas, Honda wants 5-10 foot candles, our proposal is for 2-5 foot candles; for display areas, Honda wants 10-20 foot candles, our proposal is for 5' candles in the evening. Chairman Friedlander asked what is the purpose of illuminating. Mr. Lynch said for marketing and display of the product. Chairman Friedlander said illuminating for safety is one thing, although Tarrytown is a very safe community; but illuminating for marketing and display is not acceptable. What we want is a beautiful building with the least offensive lights. We need to see a lighting plan that is appropriate for a residential neighborhood.
Ms. Raiselis commented that we need an image of what it is going to look like. We would like to see a rendering of what it's going to look like.
5. Architecture
Terry Walter of David Zuckerman Architect spoke on the architecture. Existing building is problematic for everyone. She explained how the proposed building will help the problems. The old building itself has many issues for both the owner and the neighborhood and does not fit into the streetscape but the new building will be more in keeping with the style of the neighborhood and Tarrytown in general. Aesthetically, the proposed building is an improvement. Even though it is a large building, the design with jogs, breaks and angles, is broken up into smaller segments so that you will never see the entire building; and this makes it look smaller.
The existing building is 47,300 s.f. and is deficient in basic office needs and modern automobile dealership requirements. The proposed building is approximately 75,000 s.f., which is 58% bigger than the existing, but this new building will correct the deficiencies of the existing building.
The new building will have environmental improvements with superior insulation and insulated glazing, high efficiency heating and air conditioning equipment, water efficient plumbing fixtures, and energy efficient lighting fixtures. The building will have safety improvements from fire suppression systems to security cameras. The traffic and pedestrian circulation will be improved and the building will be handicapped accessible.
A good percentage of the area in the building is to bring the building up to industry standards, not Honda standards, but industry standards. Most other dealerships have upgraded to the type of building Honda is hoping to have with this new building including improved bathrooms, waiting areas, service and parts areas all to improve the customer's visit. This building will also be a better place for the employees by improving the office space, break room, etc. All of this makes for an more enjoyable experience for the customers and an enjoyable work environment for the employees.
Chairman Friedlander asked the number of parking spaces for customers coming in to look at new cars, and is that number sufficient for the anticipated number of customers. Mr. Stein said there are 12 regular spaces and 2 handicapped spaces for a total of 14, which he felt with the other parking areas on site, will be sufficient.
Chairman Friedlander asked Mr. Collins if the traffic study took into account the increased traffic due to more cars being serviced and more customers shopping for cars. Mr. Collins said they took into account the existing traffic as well as the expected additional traffic during the peak hours.
Chairman Friedlander asked what Mr. Collins would recommend should more than two car carriers arrived at the same time, where should they go to wait to be unloaded. Mr. Collins said the first thing he would do is get the demo cars moved to the back area immediately for temporary storage and this would allow the carriers to come onto the property for unloading.
Mr. McGarvey said could they stipulate that not more than two carriers can arrive for unloading at the same time; and if they do, can they be told to leave the area and come back in an hour or so once the other carriers are unloaded? Mr. Collins said that he agrees with Mr. McGarvey's suggestion of coming back in an hour because they should arrive when they are scheduled.
Chairman Friedlander opened the meeting to questions and comments from the public.
Richard Minotta, 8 Walter Street, said that traffic is a big issue and he would prefer no deliveries on-site; they should have an off-site area for deliveries. He also feels the building is way too big. He commented that this construction, and with the two other construction sites south of this area as well as the bridge construction, will create a huge amount of traffic through the neighborhood.
Marissa Feind, 12 Walter Street, commented that not only do the car carriers come at the same time, but other deliveries such as UPS, oil trucks, etc. also arrive at the same time and space is needed on the street for these deliveries as well. She also asked that the hearing be held public until after the zoning variances are approved so that the public can be of part of that process. Mr. Blau explained that the Planning Board acts first and then the Zoning Board acts and that is a public hearing as well.
Audrey Capra, 33 Sheldon Avenue, commented that this design does not show a fence between the properties. She still wants to know what is going to happen on the property which was purchased next door to her. She said that often her driveway is blocked which causes her and her daughter to be late for work. She feels the building is way too big and they don't want it here. Mr. Tedesco explained that the board recognizes the serious problem of the present site but the proposed building will address many of the problems. Chairman Friedlander explained that the dealership has been there for many, many years and it has been a problem for the neighborhood. Mr. Dachnowicz came in with a plan and the board has tried to make it as best they can for the community. The purchase of that house will create a
dead-end street instead of a thru-street that you live on and a lot of landscaping to the west of your property, both will be benefits to you. We, as the board, are going to seek as many benefits to the neighborhood as possible.
Ms. Capra asked what benefit is gained by a larger building. Chairman Friedlander said it will generate more tax dollars, more jobs for residents of the Village and Sleepy Hollow, and more spending in the community.
Ms. Capra said she does not trust Mr. Dachnowicz. Chairman Friedlander said we are not going to trust him to do what we want; we are going to make conditions, which is why we ask the residents what they want. We are not against you or him; we are for both you and him.
Alison Boldyrev, 63 Embree Street, read the attached letter. Ms. Boldyrev commented that during the Planning Board sessions she has not heard mention of scaling down the size of the building, which she feels is enormous. She stated their other issue is the loading and unloading of the car carriers; they would like that done off-site.
Mr. Murray, 6 Glenwolde Park, asked if the entrance on Sheldon Avenue Street is a one-way in entrance; and if not, why? Mr. Collins said there is no rationale for it to be a one-way in only. Mr. Murray said if it is an “in only” and the exit onto Walter Street is an “exit only,” there will be a much better traffic flow. Secondly he asked about the right turn only onto Walter Street and how it will be enforced. Is it a State or Village matter? Mr. Collins said it will have to be part of the Planning Board approval.
Lori Hrbek, 61Walnut Street, asked if there are any plans to change the parking on the section of Sheldon Street where there is parking on both sides. She said it is very difficult for two cars to pass; and when car carriers go through there, it will be impossible. She asked about the Zoning process. Chairman Friedlander explained that they will recommend to the Zoning Board any variances that they feel are useful for this project and the Zoning Board will either accept or reject those recommendations and make a decision once the project has gone through a public hearing. She feels the scale of this building is too much and doesn't understand why they need a second floor. Chairman Friedlander said although the building is larger, the parking area is smaller. The reason for that is because the cars that are
now stored outside will be stored inside. He explained that the Board did not accept the first submission which was a typical "Honda building;" and then they came back to us with a building which is more in character with the community. Ms. Raiselis said they are only asking for a height variance of approximately 4'.
Mr. Aukland clarified that the parking on Sheldon Avenue should only be on one side of the road other than on Sundays for the church, and there are no deliveries on Sundays.
Greg Gall, 33 Heritage Hill Road, asked how the interior lighting will affect the neighborhood. He felt the landscape lighting is too high; that lower lighting or lighting on the building would be more effective to light the site without lighting the neighborhood. Mr. Gall asked about the "green roof" and what it means. Lastly he wanted to know if there is any plan to reuse the water, gray water, for sanitation as well as for car washing; and he asked if they were going for any type of LEED certification.
Mr. Stein explained that about 1/3 of the roof will be planted. This means that rain water filters through the plants and any contaminates are filtered out. This stormwater enters into the attenuation system and is released over time into the Village's system but a portion of the water is absorbed by the plants.
Ms. Walters said they will consider using gray water for the sanitary system, but it will be used for the car wash. She said it is up to Mr. Dachnowicz if he chooses to go for LEED certification.
Chairman Friedlander asked Mr. Lynch if they were asked to look at the interior lighting; to which Mr. Lynch stated that they were not.
Mr. Blau explained why the Board of Trustees has not made a decision prior to the Planning Board. He said the Board of Trustees feels that this Planning Board has certain expertise regarding planning activities and they deferred to the Planning Board to decide if this project makes sense or not. The Board of Trustees does have independent decision-making power, but they wanted the Planning Board to go through the process to be sure it makes planning sense.
Chairman Friedlander stated that the next Planning Board staff meeting will be held on Thursday, June 14th in the morning and everyone is welcome to attend.
NEW PUBLIC HEARING – Toll Brothers – Lot 1, 110 Wilson Park Drive
The Chairman read the following Notice of Public Hearing:
“PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, April 23, 2012 at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Toll Land V Limited Partnership
60 Merritt Blvd., Suite 100
Fishkill, NY 12524
For site plan approval for property located at 110 Wilson Park Drive, Tarrytown, New York for construction of a new single-family home.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 1.50 Block 20, Lot 60.1 and is located in an R60 (Single-Family Residence) Zone.
Documents are available for inspection in the Planning and Zoning Office. All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing-impaired; request must be made to the Village Clerk at least one week in advance of the meeting.
By Order of the Planning Board
Dale Bellantoni, Secretary”
The certified mailing receipts were submitted and the sign was posted
Jennifer Gray, an attorney with the Law Office of Keane and Beane, 445 Hamilton Avenue, White Plains, introduced herself and stated she is representing Tolls Brothers on three individual site plans, lots 1, 3, and 4 of the Wilson Park Subdivision. She also introduced James Fitzpatrick and Chris Badger of Tolls Brothers; Doug Carver, project surveyor and Ryan Coyne, project engineer.
Ms. Gray explained that the lots before the board are part of the Wilson Park Subdivision, which was approved about two years ago by the Planning Board, after going through extensive reviews.
Ms. Gray stated the Toll Brothers houses are not spec houses, they are designed for the individual needs of the buyers. Comments from the Board at previous meetings have been considered and minor revisions have been made. She said Mr. Badger would walk though specific site plan elements for each lot.
Mr. Birgy asked if they could get an update from the applicant regarding housekeeping items such as supervision on the site, water infiltration, storm system, and update on the soccer field, etc. Chairman Friedlander said we have three major outstanding issues which need to be corrected, and we would like to get an update on those issues. Ms. Gray said she understood those three issues to be construction management, the soccer field, and stormwater management, which she addressed. Regarding the construction management issue, Ms. Gray stated that about two weeks ago Mr. Badger submitted to Mr. McGarvey an outline of the construction management protocol for each of these three sites. There will be a construction manager on site who will oversee all of the contractors and subcontractors who are on site. The letter
outlines other commitments. That construction manager will be Brian Cody. With respect to stormwater management, the stormwater management facilities which were required as per the final SWPPE from the subdivision approval have been complete or are substantially complete at this time including the installation of stormwater basins. Ms. Gray stated just to clarify that the plans for the soccer field are not related to these three lots; that was part of the subdivision approval; and to date, Tolls Brothers has constructed the swales, rough graded the field; both need some fine-tuning. Chairman Friedlander asked if they submitted a plan. Ms. Gray said the construction that has been done to the field so far is pursuant to the final SWPPE, as part of the subdivision approval. Toll Brothers has hired D & B to prepare a report and make recommendations for the drainage improvements, as modifications to the final SWPPE. As soon this report is
finalized and received by Toll Brothers, they will be happy to sit down with the Village and talk about the options for the soccer field drainage issues. They did not want to move forward with additional construction until a mutual understanding is agreed upon. Chairman Friedlander explained that the soccer field drainage issue was part of the infrastructure improvements. We allowed the model house to go up and we still don't have plans for the soccer field. He feels that the public improvements, which should have come first, are taking a backseat to the private improvements. Ms. Gray said all of the other public improvements have been done and the reason the soccer field has not been complete is because it was Toll Brother's understanding, which was based on the subdivision approval, resolution from the plat notes, the subdivision Findings Statement and the Final SWPPP, that the soccer field improvement consisted of swales, grading, and crowning and
seeding. When Toll Brothers purchased the property, along with the approval, they relied upon those documents for the requirements. Chairman Friedlander said they should have hired an engineer, just as they would do for the construction of a house. He felt they have been waiting a very long time for the drainage report. We do not want to wait any more than you want to wait for your approvals. Ms. Gray said she feels there was a disconnect as to the level of play on the field that the Village expects and what was actually stated. Chairman Friedlander said the SWPPP was done for the drainage to the lakes, to protect the lakes; not for the soccer field. Ms. Gray said it is her understanding that there are statements in the SWPPP regarding the soccer field. Since the Village approved the SWPPP, Toll Brother took that as meaning it was adequate. Mr. Birgy said that there was water surrounding the field and in the middle of the field
for months after the work was done. Ms. Gray said the work is not complete; there is still finalizing work to be done. She also said they are willing to sit down and work with the Village as soon as they get the D and B report and go forward from there.
Mr. Badger proceeded to give details of each site as follows:
Lot 1: 1.02 acre home site, situation on Wilson Park Drive, abuts the park. The house is a 4,200 square foot single-family house. It is a flag lot. The house has been shifted back to save some trees. He showed a photo of how the home will look from Wilson Park Drive.
Ms. Raiselis said she wants to see a streetscape as it is going to look. What he is showing is not how it is going to look.
Mr. Aukland asked if there will be any access to the soccer field.
Mr. Birgy said he thought there would be some access for the handicapped and elderly.
Mr. Badger said this was always a private driveway. There was nothing discussed about access for the handicapped and elderly.
Mr. Birgy said he thought there were still unresolved issues regarding the easements over that property.
Mr. Badger said there are no easements.
Mr. McGarvey asked how does the HOA clean out the basin in the future if there is not access to it. Mr. Badger said they assumed they would get to it the same way the Village would get to the soccer field. Mr. McGarvey said that was their assumption too, but now there is no access, they both are wrong; now what do we do.
Ms. Gray addressed the question of an easement over the private driveway. When Toll Brothers purchased the property, there were no easements. They have re-examined the issues and as of now there is no easement. She submitted a letter stating all easements on Toll Brothers’ property. She said there is the possibility that the Village will seek an easement from Marymount to access the soccer field. Also, if they allow access over this private driveway, it will devalue the two houses enormously. She also stated that the traffic implications will be enormous; traffic implications which she does not believe was studied in the EIS or analyzed in the Findings Statement.
Mr. McGarvey asked how they are going to maintain the drain inlet. He stated, and Mr. Shumejda confirmed, that the HOA which is a private use, cannot use a public park to access this private use. He felt that they need to go back and look at the big picture. Ms. Gray said its one thing for the HOA to have periodic access over the private driveway to access the drain basin which is used for all of Wilson Park, than to allow public access to a field which will be used for sporting events.
Mr. Blau said our concern is that you are looking for three house approvals but you have not told the Village your plan. The Village needs to know your plan. Mr. Badger said the access to the drain basins will have to be over the private driveway for the HOA, which is much different than allowing the public access over that private driveway. Their plan is to gain access to the drain basins for the HOA over the private driveway.
Mr. McGarvey said there is no predicting how much silt will go into that pond so they cannot establish a schedule until it happens.
Ryan Coyne, Project Engineer, said the basins will need to be clean out per the approved SWPPE when the silt accumulates to a certain depth, which he believes is 1/3 of the 4 bay depth or ½ of the 4 bay depth. Chairman Friedlander asked how it is cleaned out. Mr. Coyne said it could be done with laborers with shovels and wheel barrows or with a small truck. Chairman Friedlander asked about the pond by the lake that was constructed adjacent to the soccer field. Mr. Coyne said there are certain regulations for stormwater ponds as far as depth of water for a safety fence which this pond does not meet. Chairman Friedlander asked what they are. Mr. Coyne said the depth needs to be 4' of water permanent pool to require a fence. Chairman Friedlander said that because of its proximity to the soccer
field, it is a safety issue. He asked how it will be cleaned out. Mr. Coyne said the maintenance protocol for stormwater ponds and the idea of a 4 bay being separated from the pond is that the 4 bay will accumulate the slit and be cleaned out. If the main bay, which is the one next to the field next to the lake, fills up with silt, it will need to be cleaned out. Even if it were completely full, you will not need a vac truck. You can get in there with a small excavator and a pick-up truck to clean it out. The 4 bays should be cleaned out frequently enough so that the main pond does not fill up. Chairman Friedlander asked how the truck will get down there, over the easement. Mr. Birgy asked if it has to go over Village property? Mr. Coyne said that's the only way. Mr. Birgy said we need to sit down and talk to hammer out these issues. Mr. McGarvey said he thought this was a joint venture, which is why we allowed you
to put it down there. Mr. Coyne said each individual lot of this subdivision was designed to capture and treat the entire runoff from a 100 year storm over all impervious surfaces. Today water will hit grass and runoff; tomorrow it will hit a roof and not runoff. All runoff from impervious surfaces are captured and treated in infiltration systems on each lot. The five ponds were designed to treat runoff from over land flows. The pond at the soccer field was originally behind Lot 2 on the park straddling the railway trail. We were told by the Village after preliminary approval and before final that we cannot use the railway trail for any kind of stormwater mitigation. Therefore a year or two ago we had to completely redesign the public improvements stormwater system and had to remove the ponds as well as the piping and manholes from the railway trail. There is no where to put stormwater mitigation on this site other than on the soccer
field site; and at that time, the access to the pond was not formalized. The HOA is cleaning out those ponds but they treat very little of HOA property; they treat public land, i.e. Wilson Park Drive.
Chairman Friedlander said they are proposing that the road from Wilson Park Drive go to the first lot, down to the parkland and into that lot by making a left turn, correct? You never thought about making that very long driveway a small private road because it devalues the property significantly. Mr. Badger said if it was a private road that could be used by the public for access to the soccer field it would devalue the property. Mr. Fitzpatrick asked if he is considering the use of that driveway as an emergency access to the driveway, they are fine with that; but it is very different than have it as a public right-of-way over a private driveway, maintained by private residents, for public access to the soccer field. Chairman Friedlander said wouldn't it be better for everyone to call it a private road. Mr.
Fitzpatrick said taking it from a private driveway to a public access would devalue the property. Chairman Friedlander said it would be better for the homeowners if the HOA maintained it because the cost would be shared. Mr. Fitzpatrick said they feel it would severely lower the value of those homes.
Chairman Friedlander asked the current status of the Village parkland behind those homes. Is it registered with the state? Mr. Shumejda said the Board of Trustees declared it to be parkland and we notified the Secretary of State. Chairman Friedlander asked if it is possible to put a road there. Mr. Shumejda said an easement would be better. If you diminish the fee, the bundle of rights, you need permission from the State Legislature to do that. A road to access the park is ok because it is a public park.
Chairman Friedlander said we need emergency access and a small amount of access to the park. It is in our mutual interest to work this out. Mr. Fitzpatrick said they are more than willing to continue this conversation to work this out.
Chairman Friedlander said next week, at a special meeting, we will all sit down and iron out these issues. Let’s get it all done so that you can move forward with these site plans. We want this to be done properly and we are not moving forward until we get the drainage plans for the soccer field. Ms. Gray said they are very pleased that the Village wants to sit down with Toll Brothers and get these issues resolved; however, she fails to see the connection between the soccer field improvements and the site plans that are before you tonight. Mr. Aukland said it is part of the infrastructure improvements which should have been done. Ms. Gray said one of the reasons it has been held up is because of the disconnect between knowing what the finish line is pertaining to the improvements. We are willing to
discuss additional improvements but fail to see why that should hold up individual site plan application considerations tonight with respect to lots 1, 3 or 4. Mr. Tedesco said when this first started they had a very good plan that everyone applauded. That plan is now falling through the cracks and we must seal them up and see that that plan is carried through.
Chairman Friedlander proposed to schedule a meeting for next week and continue the public hearing at our next meeting, provided that all of these things are resolved.
It was agreed that they would meet on Thursday, May 3rd at 9:00 a.m.
Ms. Gray said they would like to get comments from the Board about the two other lots. Chairman Friedlander said it is too late to allow the number of people present to speak. It was agreed that the other applications would be presented at the next meeting.
Mr. Tedesco made a motion, seconded by Mr. Aukland, to continue the public hearing at the next meeting. All in favor; motion carried.
Mr. Frye thanked and praised the Board for making the Village of Tarrytown one of the most beautiful villages in the country.
Chairman Friedlander moved, seconded by Mr. Aukland, to adjourn the meeting. All in favor; motion carried.
Adjournment - 11:00 p.m.
Dale Bellantoni, Secretary
| 
