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Planning Board Minutes 6/25/2012
Planning Board
Village of Tarrytown
Regular Meeting
June 25, 2012; 7:00 p.m.

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


APPROVAL OF THE MINTUES –  March 26, 2012 and April 23, 2012

Mr. Tedesco moved, seconded by Mr. Birgy, and unanimously carried, that the minutes of March 26, 2012, be approved as submitted.  Motion carried.

Mr. Tedesco moved, seconded by Mr. Birgy, and unanimously carried, that the minutes of April 23, 2012, be approved as submitted.  Motion carried.


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

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 – Greystone – 612 South Broadway

Andy Todd introduced Steve Lopez, Landscape Architect who discussed the landscape plan.  Mr. Lopez stated that 388 trees will be removed, of which 271 are maples.  Eighty percent (201) are Norway maples, which are very invasive trees.  He gave the following breakdown of the cause for removal with their percentage:

  • Dead and dying  8.2%
  • Leaning trees           26.1%
  • Split in crouch         2.6%
  • Heart rot               8.2%
  • Poor overall form       22.7%
There are 65 trees in good condition that will be removed because of their location.  These trees will be removed from the areas where roads are coming in, where storm basins will be installed and along the South property line where they told neighbors they will provide screening for their benefit.

Chairman Friedlander asked about the replacement trees.

Mr. Lopez replied that there will be 371 trees replaced for the 388 that are coming out.
Mr. Todd said most of the trees along the South Broadway border are leading or in poor health and they will be replacing them with mature trees that will give good screening.  There is no screening now.

Chairman Friedlander asked for the specifications for those screening trees.  Mr. Todd said the minimum size replacement tree is 12-14’ and along South Broadway they will be more like 16-18'.  They are going to be staggered in a natural way which will create a significant screen.

Mr. Lopez said the caliper of a 12-14' evergreen tree is about 4-6".  Mr. Todd showed pictures of the original tree-lined roadway, circa 1909, 1929 and 2012.  He stated that 75% are in good health and will stay; only dead trees will be removed.  They will not be replacing the ones that are taken out along the roadway because they were planted too close together and they are crowding the rest of the trees, but they will be replaced on other part of the property.

Mr. Todd stated along the Tarryhill border the trees that are coming out are leaners and we will be putting in 12-14’ evergreens to screen off Tarryhill from Greystone.  The two sugar maples are being kept and the beech tree is being removed because it is dead.

They will be restoring the historic wall at the front entrance on South Broadway which has been there since the 1850's as well as incorporating the old original gate into the entrance.    He showed a sampling of the evergreens they are going to use such as white pines, arborvitaes, white spruce, scotch spruce, Douglas firs, etc.  He tried to keep it as deer-proof as possible.  The deciduous trees include beech, sweet gums, tulips, linden, red oak, buckeyes and Japanese maple.

Ms. Raiselis asked if they are all tree and no shrubbery.  Mr. Todd said, “Yes, all trees.”  He explained that they are doing this in phases, trees first and shrubbery later.  He showed where all of the planting swill be going.  At the Min Ding residence they will be putting in some shrubs, at their request, so as not to take away their view of the river.

Mr. McGarvey asked about the rock.  Mr. Todd said most of the rock is over near lot 4 and there will be plantings there.  That is the only area that the plantings may be affected by the rock.  We may have to put a berm because there may not be enough soil on the rock formation for the plantings.  Where we are using the existing road, there is not much room for plantings.

Mr. Tedesco asked for a breakdown of the 371 replacement trees; how many evergreens, how many deciduous.  Mr. Lopez that breakdown has not been done yet.  Mr. Todd said they would be mostly evergreens for screening.  Phase I is screening and in Phase 2 we will be putting in lots and lots of additional trees and shrubs on each site.

Chairman Friedlander asked if it’s possible to intersperse flowing trees among the evergreens.  Mr. Todd said the problem is that the trees are for screening; and with flowing trees, you will see through spaces.

Ms. Raiselis asked which side is the screening for.  Mr. Todd feels that both sides want privacy.

Chairman Friedlander understands the privacy issue, but can they include something to soften up the mass of evergreens and still provide privacy; maybe placing them creatively, perhaps in front of the evergreens intermittently.  Mr. Todd said we are considering that in Phase 2 but they want to get the infrastructure in first and then plant more trees.  Mr. McGarvey said can you keep the tree line the same but intermittently move it back slightly and plant a flowering tree.  Mr. Todd said there is sewer, water and drainage to consider.

Mr. McGarvey asked if all the trees will be marked and approved by our Landscape Architect prior to any tree removal.  Mr. Todd said yes.  

Mr. McGarvey asked if they will clear cut trees first and then plant or are they doing sections.  Mr. Todd said in sections.  Along the Tarryhill Border we will wait until the end when Coppola has his new electricity, which will be underground.  It's too hard to take them down with the above ground electric wires.  Every wire is going to be underground.

Mr. McGarvey asked about stumps.  Mr. Todd said they are going to remove them because they will need room to plant new trees

Chairman Friedlander asked what the sequence will be.  Mr. Todd said the sequencing in general is the ponds first, then temporary erosion control ponds because you need a place for the water to go to, then they will start at the front and following the road all the way around, then the ponds for the high point.

Mr. Todd said they are hoping to get started soon and finish before the end of the year.

Chairman Friedlander asked if any of the houses are shifting. Mr. Todd said no house is shifting; the border of the house on lot 7 shifted a little bit so that we can get a driveway in from the north if we need to.  All of the houses are remaining in the position as they always have been.

Chairman Friedlander asked the distance of the tree near the Tarryhill parking lot and pool to the houses there.  Mr. Todd said about 200 feet.

Mr. Todd said the house on the lot that has the most affect on Tarryhill may have to be moved slightly.  It will have some steep slope disturbance but it may be a trade off for less disturbance to the Tarryhill clubhouse and pool.  This will be discussed at a later time.

Mr. Todd asked under code 263-71 of the Village Code, we are allowed to start work before final approval at our own risk.  We are asking if we can start the work.

Chairman Friedlander opened the meeting to the public.

Zubeen Shroff, 21 Tarryhill Road, is very pleased with the project and spoke about the height and circumference of the trees.  Many of the trees are very tall but small in circumference, basically junk trees.  It would be great if they could clear cut them and plant some nice trees in place of them.  He agreed with shifting the house closest to the pool a bit, even though it will be pushing it into some slopes.  He commented that lower Tarryhill looks at open space right now and they will be sensitive to a wall of trees.  There are no walls, even natural walls in Tarryhill.  He asked what is going to happen where the swale is; will there be plantings there.

Me. Todd explained that there is a swale that comes out from the Moran house.  It is water that comes down from the tennis courts and the park.  It travels down underground in clay pipes and dumps onto our property and creates the swale.  We believe, if there are no gutters tied into that swale, there will be no more water dumping onto our property.   If there is any water, it will be picked up by the storm pipe we are installing that will go underground and will be picked up by a very small swale.  He said the Coppola land is very unattended.

Randy Eckers, 53 Tarryhill Road, asked if where the current Coppola driveway is now, will be cleared and planted.  Mr. Todd said, “Yes.”   Mr. Eckers said presently there are small rustic stone wall and he is concerned that it will look funny with the trees and the large area of grass that was the Coppolas driveway.  He wondered if they could remove the stones.  Mr. Todd said they will be happy to remove them.  His other concern is the problem they have been having with stink bugs and is concerned that the trees will make it worse.  Mr. Todd said they will do what they can.

Mr. Tedesco  moved, seconded by Mr. Aukland, that the Planning Board approves Greystone's intentions to install improvements prior to final subdivision approval in accordance with Section 263-70 (1) of the Tarrytown Village Code which states:

If the applicant elects to install such improvements before the final approval of the plat, he shall do so at his own risk.  If notified, in writing, of his intentions so to proceed, the Board of Trustees will assign an inspector; however, approval of improvements by such inspector shall not bind the Planning Board to approve any plat submitted subsequently.  In such case, the applicant shall pay the village, prior to approval of this procedure, an amount equal to 6% of the cost of the proposed improvements, as estimated by the Village Engineer, to cover the cost of inspection.

All in favor, motion carried.

Chairman Friedlander asked Mr. Lopez to coordinate with Lucille Munz on the tree removals.  Ms. Munz will sign off on the tree removal for Greystone but any trees to be removed on Tarryhill will require tree permits by the homeowners.

Mr. McGarvey said Mr. Todd’s tree removal contractor can file separate applications for the homeowners.  We need to know which trees will be coming down; but just because they want them down, does not mean we will allow them to come down.  They have to be checked by our arborist.  Mr. McGarvey clarified that the recommendation just made to allow them to start work is a recommendation to the Village Board.

CONTINUATION OF PUBLIC HEARING – Tarrytown Honda – 480 South Broadway

John Hughes and Dwight Dachnowicz were present and discussed the lighting plan.  Mr. Dachnowicz said they were asked if it was possible to provide LED lighting; and he found one that will fit on the current proposed post, it will be variable and dimmed in the evening, life expectancy is three times longer which means less trucks on the property and less moving of cars to change the bulbs.  

Mr. Birgy asked if he finalized with the lighting consultant the amount of light that will be projected on the site.  Mr. Dachnowicz said the middle section before the proposed service drive and the back section storage lot will be dimmed accordingly; and the rear section will be dimmed as well.  The display corner, to avoid potential theft, will keep the current level of illumination but the spillage with the new lighting will be zero.

Mr. Tedesco asked if they will still be using the off-site parking facility in Hastings once the Rockland site is in place.  Mr. Dachnowicz replied, “no."

Chairman Friedlander asked Mr. Dachnowicz to explain what the plan is for the off-site loading process.  Mr. Dachnowicz explained that the new car carries have been official redirected to the off-site facility in Rockland for unloading.  The cars will be shuttled from that site to the Tarrytown site.  Used cars will not be brought in on car carriers.  In the event something should happen and the car carrier does go to the Tarrytown site, he is willing to concede that not more than 10 car carriers a months will be allowed on his site.

Mr. Aukland asked if those 10 car carriers will be off-loaded on site and there will be no car carriers unloading or parking on the street.  Mr. Dachnowicz said, yes and that all of this has been cleared with Honda and has supporting documentation that this has been approved.

Mr. Birgy clarified that there will be no reason to have a delivery to your dealership unless there are extenuating circumstance which will call for that.  Mr. McGarvey asked Mr. Birgy to define extenuating circumstances.  Mr. Birgy said a fire on the bridge, some sort of blockage, emergency vehicles.  Mr. McGarvey said that would be included in the 10 allotted per month, correct.  Other than that everything is going to Rockland.

Counsel Shumejda asked Mr. Dachnowicz how long the lease is for.  Mr. Dachnowicz said five years with three renewable terms.

Counsel Shumejda said that will be a condition of this board; and if for some reason you no long have that site available to you, you will have legal obligation to find another property of similar size or capacity.  Counsel Shumejda asked Mr. Dachnowicz how we define that capacity.  Mr. Dachnowicz said he will give you the average number of cars that he presently has as a baseline; and if we propose an increase, I will give the proposed increase as well.  He has no problem stipulating that.  Counsel Shumejda said if that happens, you will have to come before this board and provide the same information for the new site.

Mr. Birgy mentioned the "no left turn" onto Walter Street.  Mr. Dachnowicz said he is agreeable to "no left turn" onto Walter Street and also recommended "no u-turn" as well.  

Chairman Friedlander opened the meeting to the public.

Alison Boldyrev, 63 Embree Street, said if there is a car fire on the bridge or Thruway or in the neighborhood, car carriers should not be allowed to come to the Honda site because the Village's fire department responds to those types of fires.  If there is a car carrier on the street, the fire truck would not be able to get through.

She does not understand the 10 car carriers; can they all come at once or what if there are 11; what kind of enforcement will there be.  Regarding the "no left turn," how will it be enforced.

Chairman Friedlander stated that today's fire issues are much greater because of the number of cars carriers that presently come to the site causing the traffic condition.  One of the conditions will be that only 10 car carriers a month will be allowed to deliver to the site and those 10 are only allowed under extreme conditions and they will have to be unloaded on the site.  They will not be allowed to unload on the street.  It is a very busy street and we have cut down the traffic considerably.  Enforcement is an issue that we have to discuss and come up with an appropriate fine, which will also be part of the conditions.

Mr. McGarvey said that he will be receiving a monthly bill of laden each month showing the number of car carriers that came to the site.  If proof is provided that there were more than 10, it is a violation of the site plan approval; and he will have to come back before this board.

Mr. Dachnowicz said he wants all deliveries to go to his off-site location; but explained that his thought behind the 10 car carriers a month is that should there be driver error, a bridge closure or whatever, he does not want to be in a position of not being able to accept that carrier because he would be in violation of his site plan approval.  He said it would not be very often; but if it happens, he does not want to be penalized.  Mr. McGarvey asked if he can drop that number down.  Mr. Dachnowicz said he thought at a previous meeting we agree with 10 and that we would keep that number.  Mr. McGarvey asked does that include used car drop-off as well. Mr. Dachnowicz said, "Yes it does."

Ms. Boldyrev said everyone has to be happy with the number and she feels 10 is too many.

Richard Minotta, 8 Walter Street, agrees with his neighbors but also said parking is a situation.  He understands that they want to take away parking on the north side of the street.  He does not agree with that because it is not fair to the neighbors who need that side of the street for parking.

Chairman Friedlander said that there is no such proposal to take that north side parking away.  They understand the parking situation on that street and they have no intention of taking any of it away.

Audrey Capra, 33 Sheldon, said the car carriers are now smaller but they come into Sheldon and back onto the site and there are still two side by side on a two way street.  She is concerned with the noise level when the construction starts and the lighting.  She commented that she now has a lot of light coming into her home at night.    Mr. Birgy said the light situation will be much better because the new lighting does not have spillage.

She does not believe that the lot that he bought is only going to be used for bushes and flowers.  Chairman Friedlander said we have control over that.  Ms. Capra said he is going to have three phases of construction and use that property for 11 bays during construction.  Mr. Dachnowicz explained that there will be phasing but there will not be 11 bays on that property.  Because of the plantings and retaining wall he can't even park cars there.  He apologized if there was a misunderstanding and stated that his plan shows exactly what is going where.  Mr. Birgy said that lot will remain a green non-invaded area during construction.  Mr. Dachnowicz said that is correct.  Ms. Raiselis if that area is Phase I which will be done immediately.  Mr. Dachnowicz said "yes."  He said the intended phase one is the rear section of the building.  Ms. Raiselis said to Ms. Capra, since that is the first phase of the project, you will be able to see what is being done and it will not change.

Mr. Aukland asked Mr. Dachnowicz said the current access on Sheldon Avenue is going to disappear and the new access on Sheldon will not allow for trucks to turn around and back down blocking driveway.  Mr. Dachnowicz said, "Correct."

Ms. Capra asked what is going to happen to the sewer line and hydrant in that area.  Mr. McGarvey said, the sewer line nothing; the fire hydrant may get relocated to the east for easier access, but the sewer line will remain.  If Mr. Dachnowicz purchases that property, we will have to get an easement for the sewer line.

Marissa Feind, 12 Walter Street, stated that presently they hear the buzz of the repair equipment because the doors are open, will there be air conditioning so that they will be closed and has there been a noise analysis done for the buzz of that air conditioner and the opening and closing of the doors.   Mr. Dachnowicz said the service department will be fully air conditioned and they will have high speed doors which keeps the cold air in summer and the heat in during the winter.  The windows are configured so that they will not be opened.  He also said that modern-day insulation is much more effective than the present insulation in the building.

Ms. Feind commented now that all of the cars will be delivered to the off site facility, there will be an increase in the traffic in the neighborhood because the cars will now be driven onto the site.  She thinks the no left turn is a good thing but only if there is one entrance and one exit and feels that traffic will flow better that way.  Chairman Friedlander said going in on Sheldon and exiting onto Walter, with no left turn, is how it is proposed.

Mr. Birgy asked the location of the air condition system.  Mr. Dachnowicz said everything is going on the roof-top and the noise will be blocked by a wall on the roof and absorbed by the green roof.

Mr. Aukland asked how many cars will be driven onto the site.  Mr. Dachnowicz said the cars come in once for delivery to the customer.   Before they came onto the site on the car carriers; and because of the lack of room, they were driven off and then were brought back onto the site when they were sold.  Now the cars don't come onto the site until they are sold.

Lee Alefantis, 8 Glenwolde asked are the 10 deliveries on car carriers for old or new cars.  Mr. Tedesco said it’s a total of 10 old or new cars combined.  Secondly, what is now happening with the "no left turn" out of the parking lot is the cars are making a left onto South Broadway, and left onto Lake and they are going right back into the neighborhood.  Chairman Friedlander said because it is double striped, it's illegal to make a left.  Mr. Alefantis said they also turn right onto Lake Road when coming from the south and into the neighborhood.  He just wanted to make the board aware of his concern.

Marissa Feind said they are still blocking driveways while unloading on the street and she asked will there be enough space on site for all trucks to unload.

Mr. Birgy asked Counsel Shumejda if there is any way to restrict loading and unloading on those streets.  Counsel Shumejda said loading and unloading is allowed under the Vehicle and Traffic Law of the State of New York.  It is a public road so therefore they can.  It is the same as a delivery truck loading and unloading food on Main Street.  The law says temporary loading and unloading is allowed, but blocking private driveways is a different issue.

Chairman Friedlander asked that they bring their traffic engineer to the next meeting to discuss and review the internal circulation and how certain circumstances will be handled.

Mr. Aukland, can you comment why someone would choose to unload on Walter Street rather than on site; and given the new plan, how that would be avoided.  Mr. Dachnowicz said the picture provided by Ms Feind is a service vehicle.  He assumed that the driver felt there was not enough room on the site and the driver took the easier route for him.  The new facility has been well thought out so that this situation will no longer happen.

Marissa Feind, asked to see something showing the flow.  Mr. Tedesco said it is shown in the traffic report.  Mr. Dachnowicz said both John Collins and John Canning  did show this in their reports.  Chairman Friedlander said we will go over this to be sure there is adequate room and traffic flow.  Ms. Feind said she would like to know where the employees are going to park.

The board agreed to continue the public hearing at the July 2012 month.

CONTINUATION OF A PUBLIC HEARING-Toll Brothers -110 Wilson Park Drive (Lot 1)

Jennifer Gray of Keane and Beane on behalf of Toll Brothers introduced herself as well as Chris Badger and James Fitzpatrick of Toll Brothers.  Also present were John Kellard of Kellard Sessions, Steve Coleman, a certified arborist, Matt Sheffield of ESC and Rob DiGiorgio of D & B. Ms. Gray ask that the board close the public hearing for lot 1, 3 and 4 and advance them to a vote. She stated the following documents that have been submitted since the May meeting in responds to comments made at that meeting:

  • Revised site plans that include additional tabular information with regard to square footage, dimension of the home, a tree removal table, etc.
  • Landscape plans for each lot have been submitted which have been developed in consultation with the Landscape Architect, Lucille Munz and she is in agreement with them.
  • A report from Steve Coleman, a certified arborist, regarding tree protection measures for the two existing maples on the DeRocker's property which is next to lot 4.
  • To provide additional protection for those two maples, we have revised the house plat for site 4 to move it 8' further from those two trees; and as a result a retaining wall is now proposed on the opposite side of the property adjacent to the driveway.
  • Toll Brothers is committed to adhering to each of the recommendation in Mr. Coleman's report with respect to tree protection measures.
She stated that they have also submitted the following documents related to overall subdivision issues in response to comments and requests made at previous meetings:

  • An addendum to the D & B report regarding drainage improvements at the soccer field.
  • Letters from Kellard Sessions regarding the evolution of the overall stormwater improvements for the subdivision plan and another letter stating that these stormwater improvements have been substantially completed as per the approved plans.
  • A revised SWPPP.
  • Some plans depicting a series of alternatives for the proposed wall within Wilson Park.
  • Plans depicting a proposed emergency access drive that connects from the lower lot on the Marymount property to the existing drive that continues down to the soccer field.
We feel that we have responded to all of the comments from both the public and the board to the best of knowledge and to the greatest extent possible.

Chris Badger gave an overview of lot #1 plan revisions.  Tables were added with respect to tree removal, square footage and a landscape plan.  He described the lot as previously stated including the shifting of the driveway from lot 1 to lot 2.

Mr. Aukland said since the emergency access easement is still not resolved, anything that we approve now would not affect that because it is on the next lot over.

Mr. McGarvey asked about the easement from the Sisters of Scared Heart which is for emergency use only; i.e., someone gets hurt on the soccer field.  What about Village access for maintenance.  Mr. Badger said if emergency work has to be done down there, it would be ok; but for general maintenance, no.  Mr. McGarvey asked do we get down there to maintain it since now we access it through the existing driveway.  Ms. Gray said this has been the issue from the beginning.  We are continuing discussions with Marymount and that access issue for the Village is still on the table.  Last month Mr. Badger and another representative from Toll Brothers and Mr. Blau met with Sr. Kenny regarding the access easement.  Mr. McGarvey said, as the Village Engineer I cannot agree upon a plan that does not allow the Village of Tarrytown to access its own utilities.  Ms. Gray said there are other ways to access, i.e., Village-owned property that is contiguous to the soccer field and the 11 ½ acres that was donated to the Village.  Counsel Shumejda corrected Ms. Gray that it was not a donation, we purchased it.  Ms. Gray sad regardless, the Village owns it, and there is also the rail trail that goes to the soccer field.  We are working with the Village to work something out with the Marymount property.

Mr. Birgy is concerned that we are still talking about access, for months now.  Ms. Gray said we have agreed to allow emergency access over lots 1 and 2 should any of the other alternatives not pan out, but now you are saying that you would like a maintenance access.  Ms. Gray said it was her understanding that it was not necessary for vehicles to access that property for maintenance.  Mr. McGarvey said he was talking about the vehicles to maintain the water system down there, but vehicles would also need to access the soccer field in order to cut the grass and whatnot.  Perhaps by the time the soccer field is done we will be able to use that trail for access, but not now.  What do we do in the interim?  Ms. Gray said she will talk with her clients and we will take it under consideration to open it up for emergency access and for the maintenance of the water system and the soccer field; but no public access.

Chairman Friedlander said it was a misunderstanding on both parts.  You thought it was a driveway and we thought it was a private road.  He said the maintenance equipment will be like all the rest of the equipment used in the surrounding areas of this home to cut the grass, etc.  We all know what the issue is but we haven't moved far enough to solve it.  If we put a road on the park behind the house, it would be a public road which would generate even more public traffic.  We have tried to pursue the Marymount property.  We will have to have a conditional approval stating that if A doesn't happen then B must happen because we have to resolve this issue.  Ms. Gray said they are amenable to that type of condition.

James Fitzpatrick said typically with emergency access there is a gate or barrier to preclude pedestrian traffic from using that access; and whatever access is put in place, we will like that done.  If the Marymount plan does not work out, we will allow Village maintenance access there as well.

Chairman Friedlander said Jardim has a similar situation in that there is a park with a private road going through it with houses built on it and that seems to work.  We have access to the park through that road for maintenance.  It seems to work well at Jardim with no complaints.  Why can't we have that driveway as a private road with two lots off it and have it restricted with speed bumps or whatever you want and try to restrict the use as a secondary plan should the Marymount plan fail.  We have to get this done and move on.  Mr. Fitzpatrick said they are agreeable as long as there is a gate or barrier that precludes pedestrian traffic from using that access.

Mr. Aukland asked Mr. McGarvey if it would be ok for maintenance if there was a locked gate.  Mr. McGarvey said yes as long as there is a lock box of some sort, but for emergency purposes, they would just plough through.

Chairman Friedlander ask if there was any questions regarding lot #1

Mark Fry, Sleepy Hollow, represents the Lakes Committee in the chairman's absence.  Mark displayed the same map and discussed the same various easements he claims are there as he has done in all previous meetings regarding this subdivision.

Counsel Shumejda explained to Mr. Fry that there are no easements to the Village of Tarrytown along there, as per the licensed surveyor retained by the Village; and the applicant has come to the same conclusion.

Melinda DeRocker, 3 Warren Lane,  is concerned about a tree on the corner of lot #1 which has flimsy orange fencing around it and behind the drip line.  It is her opinion that that tree is not sufficiently protected.

Mr. Birgy asked Mr. McGarvey if the stormwater management work has been done to his satisfaction.  Mr. McGarvey said the onsite is done relatively correctly but he has seen where some of the piping comes off the property from the park is broken and misdirected and the water is forming ruts and gullies where it is not suppose to be going. He thinks that will be the brunt of what D & B will look at when they look at the infrastructure compared to what their intent was back in 2005.  Mr. Birgy asked if that was that the applicant's responsibility to review that.  Mr. McGarvey said it was the applicant's responsibility to address issues as outline in the D & B report but I don't think that report included any of the old piping.  He does feel that all of the improvements for stromwater management on site have been sufficiently addressed.

Mark Fry asked if all of the off-site improvements in the D & B report have been addressed.  Mr. McGarvey said they have not been addressed.

John Kellard asked what off-site issues have not been addressed because the basins have been built and sized properly, they just don't have the required outlets yet because the site is still under construction; the volume is sufficient, we had as-built plans prepared for each of the stormwater basins.  One element in the D & B report was replacing the 18" pipe under the Right of Water.  Mr. McGarvey said he does not believe that the 8" PVC pipe that was coming out of the back of Sacred Heart Convent and 150 LF of pipe is suppose to come up from the soccer field to meet that is in.  Mr. Kellard said the D & B report was for 14 lots and roadways, since then we have eliminate much of the impervious surface and all of the impervious surface proposed on this project are being infiltrated right up to and including the 100-year storm.  We have reduced the peak flows coming off this property significantly by taking any run-off on all of the lots and infiltrating it into the ground right to a storm event that would be 7 ½" of rain, which would be equivalent to a hurricane.

Mr. Birgy asked Mr. Kellard in his opinion should the northern end of Wilson Park Drive be shedding water onto the field.  Mr. Kellard said everything on the northern end goes to the stormwater basin on the west side of the property that goes to the Hudson or to the one on the east side that goes to the lakes, but its treated there.  Mr. Birgy SAID, so it your opinion that it is not a problem that the water from the road is running off onto the field, not into the catch basins.  Mr. Kellard said, it ends up in the stormwater basin anyway and it actually picks up more filtration running through the grass.  Mr. Birgy the fact that the culverts disturbing the trail on the south end where the water nor longer goes under the right of way but over the right of way causing ruts, is that an issue.  Mr. Kellard replied, if it’s eroding, it should be addressed.  Mr. Birgy asked if Toll Brothers is responsible. Mr. Kellard said I' m not aware that Toll Brothers is responsible for that; he said he will take a look at it but he does not think it is on the subdivision plan but it doesn't sound like it is a significant issue.  Mr. McGarvey said it is not.  Mr. McGarvey said there in lies the problem.  Because of the change, it alters the D & B report; the letter of the law says it has to adhere to the D & B report but it cannot because of the change in the subdivision.  Mr. Kellard said the original subdivision had more houses and a complete roadway system.  Mr. Tedesco asked, in your opinion will the stormwater drainage measures that have been or will be installed do the intent of the D & B management plan on this site as affectively and prudently as that plan, considering the changes and conditions.  Mr. Kellard said, absolutely.  Mr. McGarvey reminded the board that we have retained the services of D & B to take a second look to be sure it is doing the intention of that 2005 report.  Chairman Friedlander asked where that stands.  Mr. McGarvey said Mr. DiGiorgio is here.

Rob DiGiorgio introduced himself and said that they are in the middle of re-evaluating the 2005 report against the current SWPPP plan.  They have done some preliminary field work and will finish up the field work this week and we will have a report for the Village in about a week to a week and a half.

Mr. Birgy asked how we address sediment that is going into the lakes.  Mr. McGarvey said is depends on who is responsible, the developer, the property owner or the Village.  Depending on what D & B says, but is will probably be the Village or the developer.  

The Chairman opened the meeting to public comments.

Mark Fry, Sleepy Hollow, is not in favor of the board approving Lot 1 with or without conditions.

Francesca Spinner, 206 Wilson Park Drive, asked if the trees that are to be removed on each lot are clearly marked.  Mr. Badger said yes.  Ms. Spinner said there are only three ways to access the soccer field:  from County House Road across the trestle bridge, which she understand would cost the Village a great deal of money to make it navigable for a maintenance vehicle; from the lakes parking lot, but the path is impossible for any vehicle to come through; and from the Marymount property, which is very steep and she doesn't understand how that access works.  Mr. Birgy said the Village owns property behind the Stone House which can be connected to the Marymount property going north.

Mr. Aukland asked Mr. McGarvey if there is a problem gaining emergency access from Marymount.  Mr. McGarvey said no, not that he sees.  We would come off of the bottom right hand corner of the property on an angle parallel to the trail and cut across where we cut across now, with acceptable grades.

Chairman Friedlander asked if there are any comments from the Board.

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 environmental impacts as result of this action.  All in favor, motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland and all in favor, to approve the proposed site plan for lot #1 subject to the following conditions:

  • Approval by the Building Inspector/Village Engineer, particularly in regard to the adequacy of the stormwater/drainage plan.
  • Approval of a landscape and screening plan by the Village Landscape consultant.  Plantings should be native species or non-invasive ornamentals.
  • If any trees that 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 by the Village Landscape Consultant or payment of the appraised value of the trees to the Village Tree Replacement Fund will be required.
  • The applicant agrees to perform any treatment or pruning of trees deemed necessary by the Village Landscape Consultant, at a time the Consultant deems most suitable.
  • Adherence to the Section of the Zoning Code dealing with the Tree Replacement Fund for the removal of trees with a 10 inch caliper or greater OR alternative remediation elsewhere on the project site as approved by the Village Landscape Consultant.
  • Inspection of the Final Landscaping and Screening by the Planning Board and Village Landscape Consultant before the issuance of the final Certificate of Occupancy (CO).
  • Any blasting activity determined to be required will be conducted in strict conformance with the Village’s Blasting code, and approved by the Village Engineer.  Blasting is to be monitored by a company chosen by the applicant, and approved by the Village Engineer.  The cost of this monitoring is to be borne by the Applicant.
  • Given that the project’s stormwater management system has been designed such that there is no discharge for any driveway as the complete driveway run-off is infiltrated into the ground through the design of the infiltration systems which capture and treat 100% of the runoff even for a 100-year storm event, the
  • Planning Board approves a waiver from the subdivision condition which requires that driveways be constructed of permeable materials.
  • A covenant will be placed in the Homeowners deed and in the Homeowners Association documents that prohibits the use of phosphate fertilizers.  Organic, non-phosphate fertilizers may be used.
  • The architecture is to be reviewed by the Planning Board and approved by the Architectural Review Board (ARB).
  • The applicant will prepare and file in the Westchester County Clerk’s office prior to the issuance of a building permit a 20 foot wide easement from the intersection of the east side of Wilson Park Drive to property owned by the Village of Tarrytown at the end of the driveway to be used by the owners of lots 1 and 2, a distance of approximately 620 feet for the following vehicular access:
  • [1] Emergency Services including Fire, Police and Ambulance;
  • [2] Village of Tarrytown maintenance of the fire hydrant, waterline, soccer field and wet pond basin located on the property owned by the Village of Tarrytown at the end of the said driveway;
  • [3] Persons with disabilities who contact the Village of Tarrytown Recreation Department for vehicular access.
  • [4] The applicant will install a gate or other device, to be reviewed and approved by the Planning Board, at the end of the said driveway which will be opened by the use of a key type device.
  • The Planning Board approves and recommends to the Board of Trustees the following demarcation to be used separating the parkland from private property:  The demarcation is to consist of a concrete split rail with stone piers at the two corners of Wilson Park Drive.  The split rail will look just like wood and will serve as a clear and permanent demarcation with essentially no maintenance required.
  • Payment of any outstanding escrow fees prior to the granting of a Building Permit.
  • Signing of the Final Site Plan by the Planning Board Chair.
Chairman Friedlander wanted to talk about possible amendments before they approved, specifically the easements.

Counsel Shumejda said based on tonight's conversations they asked the board to include an additional condition to provide the Village of Tarrytown a permanent easement in recordable form for emergency access down the driveway which services lot 1 for fire, police, ambulance and in addition for maintenance access for the Village of Tarrytown for the maintenance of the water line and hydrant at the end of that drive, soccer field maintenance and maintenance of the wet pond basin.  This document would have to be prepared and would have to be reviewed by Counsel Shumejda and the Planning Board as a condition of this site plan approval.  If it is not in acceptable form, this approval would not be effective.  Also, included should be that since the Village of Tarrytown has retained the services of Dvirka and Bartolucci to update their report, that report has to be reviewed and approved by the Planning Board as a condition; and if it is not approved, the approval is not effective.  He also stated that the normal width of an emergency access is 20' wide.  Also, the applicant said they would like to have a gate or barrier at the end of the drive; it should be accessible by the Village and they must come back before the Planning Board for review and approval of that device.

Chairman Friedlander said it has to be subject to the approval of what the Planning Board recommends for the delineation of the park from the private properties, which will have to be approved by the Board of Trustees.   

Mr. Tedesco said he thought the Planning Board agreed to use the concrete split rails.  Chairman Friedlander said we should see the plan.

Ms. Raiselis suggested that a boulder with a plaque on it stating the entrance to the park would be nice.

Jennifer Gray clarified that the driveway is proposed to be on lot 2.  She requested that the condition include, "in the event the Marymount access easement does not pan out, Toll Brothers will be obligated to provide and easement for emergency and maintenance purposes.  Counsel Shumejda said since none of us here were at that meeting, he recommends that we don't put that into the approval now, it can be amended later.

Mr. McGarvey said the width of the access is 20' right of way; let’s leave it that way, with no obstructions.

Jennifer Gray reiterated her concern that if that conditions remains as stated and Marymount does provide access; Toll Brothers is still required, as a condition of approval, to provide emergency access through that driveway.  Mr. Fitzpatrick said if the condition reads prior to the Certificate of Occupancy this matter has to be resolved.  That would give us time to work on the problem.  Chairman Friedlander said we have to make sure we have access right now; and with the easement, we do.  If you can provide another equal or better access down the road, we can amend the approval.  Ms. Gray said can the condition state that it can be modified in the future.  Chairman Friedlander said we have said that in this dialogue tonight.

Counsel Shumejda said there are a couple of safeguards, this requirement of an easement is unequivocal, it cannot be withdrawn; secondly this document will be reviewed by myself, the Village Engineer and yourself. You will have to approve it prior to it being approved by this board.

Regarding the ADA requirements, Ms. Gray said the only concern they have is if the gate is locked how do you police the handicap access to traverse over the drive.

Chairman Friedlander suggested that if a handicapped person wants to access the field, they contact the Recreation Department and request access via the use of our Senior Citizen van.

Counsel Shumejda said the ADA access will be added to the Fire, Police and Village of Tarrytown access as described.

Mr. Fitzpatrick felt this is going well beyond the access we expected.

Mr. Tedesco said if an individual is handicapped and needs special access to the field, that individual will call our recreation department and make arrangements.

All in favor of the motion on the floor, motion carried.


CONTINUATION OF A PUBLIC HEARING-Toll Brothers - 7 Warner Lane (Lot 3)

Chris Badger gave an overview of the site and explained that they walked the trail and the home site with Lucille Munz and came up with a landscape plan.  Requested tabular information was added to the plan.

Chairman Friedlander asked if anyone had any questions.

Chairman Friedlander said the only comment they have is the issue of the driveway leading into the property and the private road has not been resolved.  Counsel Shumejda said it's a village-owned road.  Chairman Friedlander asked Mr. Badger if they have access onto that village-owned road.  Mr. Badger said yes.

Ms. Raiselis said that lot is very wooded and asked how many trees will be removed.  Mr. Badger explained that many of the trees are invasive and scrappy.  They have not come up with a count yet; but they have submitted their plan to Ms. Munz and she is drafting up a report addressing the trees on that lot.

Mr. Birgy asked roughly how many trees are coming down.  He said that what he thinks Ms. Raiselis is alluding to is that this is a very wooded site and when you are done it will no longer be a wooded site.

Chairman Friedlander said we have to talk to Ms. Munz.  Since it is sensitive we should go out there with her.

Chairman Friedlander opened the meeting to public comments.

Melinda DeRocker, 3 Warner Lane, said there are red ribbons around some trees and green ribbons around others.  Why the different colored ribbons.  Mr. Badger said Ms. Munz reviewed the plan with us and she will be able to provide you with a better understanding.

Greg Gall said trees to be removed should be marked and someone should walked the property and review and approve the removal of the trees.

Ms. Raiselis said we have been there and that is why we know it is a sensitive landscape site.  We are going to go there again and after we will discuss it will Ms. Munz.  Mr. Gall asked if the trees were marked.  Mr. Tedesco said yes the trees were marked but we don't remember what the red and green means.

Mr. Birgy asked how soon after approval can they take the trees down.  Mr. McGarvey said they have to get a building permit first, which could take several weeks.  Counsel Friedlander said the approval is contingent upon the chair signing the site plan.  Nothing can be done until it is signed.

Karen Brown, 5 River Terrace, said she would like to see a nice picture of what it is going to look like when the trees are down.  Looking at the plan only shows what trees and shrubs are coming down.  She would like a more layman friendly rendering.

Stanley and Joan said anyone is welcome to join them on the site walk.

Rob DeRocker, 3 Warner Lane, asked if they would make that site visit prior to site approval for lot 3 and 4.  Mr. Tedesco explained that the site approval is not complete until Chairman Friedlander signs the site plan.  We will make the site visit before he signs it.   Chairman Friedlander explained that tonight's approval is conditional and we finish the task by approving the landscape plan which, in this case, will be done after we walk the site again with our Landscape Consultant.  Mr. DeRocker asked Counsel Shumejda if the soccer field has to be complete prior to the issuance of building permits.  Counsel Shumejda said he believes that is correct but the board gave Toll Brothers a waiver to build the model house.

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 environmental impacts as a result of this action.  All in favor; motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland and all in favor, to approve the proposed site plan for lot #3 subject to the following conditions:

  • Approval by the Building Inspector/Village Engineer, particularly in regard to the adequacy of the stormwater/drainage plan.
  • Approval of a landscape and screening plan by the Village Landscape consultant.  Plantings should be native species or non-invasive ornamentals.   The landscape and screening plan should be designed to preserve the sensitive, significant wooded nature of the site.  In this regard, the Planning board will visit the site again to review the trees to be removed and preserved and make a final decision on the plan which is to be implemented.  This decision on the landscaping plan is part of this site plan approval.
  • If any trees that 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 by the Village Landscape Consultant or payment of the appraised value of the trees to the Village Tree Replacement Fund will be required.
  • The applicant agrees to perform any treatment or pruning of trees deemed necessary by the Village Landscape Consultant, at a time the Consultant deems most suitable.
  • Adherence to the Section of the Zoning Code dealing with the Tree Replacement Fund for the removal of trees with a 10 inch caliper or greater OR alternative remediation elsewhere on the project site as approved by the Village Landscape Consultant.
  • Inspection of the Final Landscaping and Screening by the Planning Board and Village Landscape Consultant before the issuance of the final Certificate of Occupancy (CO).
  • Any blasting activity determined to be required will be conducted in strict conformance with the Village’s Blasting code, and approved by the Village Engineer.  Blasting is to be monitored by a company chosen by the applicant, and approved by the Village Engineer.  The cost of this monitoring is to be borne by the Applicant.
  • Given that the project’s stormwater management system has been designed such that there is no discharge for any driveway as the complete driveway run-off is infiltrated into the ground through the design of the infiltration systems which capture and treat 100% of the runoff even for a 100-year storm event, the
  • Planning Board approves a waiver from the subdivision condition which requires that driveways be constructed of permeable materials.
  • A covenant will be placed in the Homeowners deed and in the Homeowners Association documents that prohibits the use of phosphate fertilizers.  Organic, non-phosphate fertilizers may be used.
  • The architecture is to be reviewed by the Planning Board and approved by the Architectural Review Board (ARB).
  • The Planning Board approves and recommends to the Board of Trustees the following demarcation to be used separating the parkland from private property:  The demarcation is to consist of a concrete split rail with stone piers at the two corners of Wilson Park Drive.  The split rail will look just like wood and will serve as a clear and permanent demarcation with essentially no maintenance required.
  • Payment of any outstanding escrow fees prior to the granting of a Building Permit.
  • Signing of the Final Site Plan by the Planning Board Chair.

CONTINUATION OF A PUBLIC HEARING-Toll Brothers - 5 Warner Lane (Lot 4)

Mr. Badger of Toll Brothers showed and explained the landscape plan with the following revisions:

The house has been shifted an additional 8' away from the DeRocker property, which caused the need for a 2' retaining wall along the eastern side of the driveway.  The grading has been reworked so that there is no disturbance along the drip line of the two maples on the DeRocker property.  The house was originally sited 31' off property line, then 41' and now 49' off property line, which is 2 ½ times greater than the distance that is minimally required. In addition they have added to the plan the tree removal table which includes the size of the trees to be removed, species and a comment as to whether they are dead or in poor shape.  Also, in response to Aaron Schmidt's reports, we had Steven Coleman provide a report and recently made some recommendations, which we have agreed to implement.

Mr. Birgy asked how wide the house is now.  Mr. Badger said 95’; originally it was 119' then down to 109' and now 95'.  The square footage of the house is 5550 square feet

Chairman Friedlander opened the meeting to public comment.

Kevin Brown, 5 River Terrace, would like the home moved back because of its size which is too large and because of the viewscapes.  It is not even seen from the DeRocker's home.  It just makes more sense for the rest of the neighborhood to move it back.

Aaron Schmidt, certified arborist for the DeRockers, stated his credentials.  Based on industry standards he has estimated the trees to be at least 150 years old.  He said they are healthy and thriving and have approximately 30-50 years remaining.  He feels protection to the drip line is inadequate because root systems of trees typically extend 2 to 3 times beyond the drip line.  Mature and over mature trees are less able to tolerate construction impacts.  He believes that tree protection should extend 1.5 feet out for every inch in diameter for these two trees, which means 57’ for tree # 1 and 54' for tree #2.  Tree protection should include a 6' high chain link fence at those distances, signage, restriction of activity including grading, trenching, equipment, storage of materials, stockpiling of soil, installation of new plantings.  Mr. Schmidt also recommends a pre-construction site meeting to review construction documents; a certified arborist be assigned to the site to ensure the approved tree protection plan is being implemented, with weekly visits thereafter; any roots 1" or greater outside the tree protection zone should be cleanly cut by hand, under the supervision of an on-site certified arborist; and any damage to the tree protection barrier should be reported immediately.

Chairman Friedlander asked when the ice house was built.  Melinda DeRocker said in 1843.  Chairman Friedlander said you are saying that the tree protection zone should be approximately 60' out from the trunk.  How far out is the drip line?  Mr. Schmidt said approximately 35-40'.

Chairman Friedlander asked where the roots are, how far they extend, and how deep they go.  Mr. Schmidt said the tree canopy of the larger of the two trees extends out easterly, toward lot 4; and the roots usually grow in the same direction as the tree canopy. The depth is 3-4 feet, but they grow laterally quite a bit.  Chairman Friedlander asked what happens if you cut a root that extends 40' and you cut off 4'.  Mr. Schmidt said if its cut by hand, it may seal off the wound and it could be fine; if it does not, it can allow other things to enter into the tree’s main stem of the tree.  Chairman Friedlander asked do you pack it or seal it so that insects and infections don't occur.  Mr. Schmidt said you let  them seal on their own by keeping all additional work away.  Chairman Friedlander asked how you measure the rate of decline if you cut the root.  Mr. Schmidt said would have to estimate, it slowly shows signs and symptoms.

Mr. Birgy suggested that they make the house 80'or less wide which will accomplish protection for the sugar maples it will help to mitigate the visual impact.  The house would still have the same square footage with the change in foot print.  He does not see any downside to doing this.  

Francesca Spinner, 206 Wilson Park Drive, it’s very different when developers buy open property and develop it then buying property in an existing neighborhood and tear it apart as they are doing.  This development is going to need a lot of over-site to see that the plans are followed.

Pamela Louis, 391 Marling Avenue, Reviewed the arborists' reports and Ms. Munz's report and disagrees with Mr. Coleman's report and agrees with Mr. Schmidt's report.  She also questioned Mr. Coleman's experience and credentials, as well as Ms. Munz's.  Mr. Tedesco asked if she is aware of Mr. Coleman's and Ms. Munz's qualifications.  Ms. Louis said no, she is basing her statements on their reports.  She felt that a 3rd party arborist should be called in.  She implied that Mr. Coleman based his conclusions on concessions that Toll Brothers, who hired him, are willing to make rather than on his professional expertise.  She also implied that Mr. Coleman worked his report backwards to make it say what Toll Brothers wants it to say.  She asked why the tree commission has not weighted in on this. She agrees with Mr. Birgy's suggestion to reduce the width to 80' and urged the board to not close the public hearing on this site tonight.

Melinda DeRocker, 3 Warner Lane, asked that lot 4 be marked off and requested that once this all comes to a conclusion that it be marked clearly.

Chairman Friedlander asked Mr. Schmidt to clarify the statements regarding the age of the tree.  Mr. Coleman said it's about 80 years old and Mr. Schmidt said it's about 150 years old.  Wouldn't it be better and be able to live longer and survive more impacts if it were a younger tree?  Mr. Schmidt said because of its mature age of 150, it requires a larger protection zone in order to survive and live an additional 30-40 years.  Chairman Friedlander asked what would happen if it was moved back 5-8'.   Mr. Schmidt said it's hard to say but the greater the impact on the roots the greater the possible damage to the roots.  Chairman Friedlander said what about safety.  At what point will it become dangerous and how will they know.  Mr. Schmidt said they will see a gradual decline.

Mr. Birgy repeated that he thinks a compromise of reducing the width of the house to 80' will not negatively affect it.

Mr. Tedesco stated that he believes the roots do extend far beyond the drip line.

Greg Gall, 33 Heritage Hill Road asked why the Planning Board hasn’t commented on making the house narrower, especially since the architecture of the house will not be impacted by doing so.  Narrowing it will lessen the impact on the neighborhood and increase the value of the house.

Mr. Tedesco said it's up to the applicant to respond to these requests and they have been so far.  Ms. Raiselis said we cannot design this house for them.

Kevin Brown, 5 River Terrace, another simple comprise is to move the house to the back.  The neighborhood would like that and it would save the sugar maples.

Mr. Tedesco stated if the house was moved to the back of the property, the DeRocker's views would be negatively affected, the house will become visible from the ridge line, it would be closer to the park an would affect park users, and a walkout would be created in the back which would make it loom 2 ½ to 3 stories high.

Mr. Birgy said he does not see the negative impact of making it 80' wide.  Chairman Friedlander said you know the reason they do not want to make it narrower and that is because they have a buyer who likes the architecture and the layout of the house.  It upsets me when it's suggested that they push it back because of the park. The issue we are concerned about now is saving the trees.  Mr. Birgy said we should consider the mass of this house as compared to the smaller house next to it.  There are several issues we could have thought of when rezoning this property but we now must live with what was approved.

Ms. Raiselis she feels it should not be a wide house, that that is the worst possible scenario.  She does not have a problem setting it back further on the property.  It needs to be sited properly.

Ms. Gray introduced Steve Coleman, environmental consultant and certified arborist, to present his report.  He presented his credentials.  When he looks at a situation, he looks at the entire site and balances it with the current regulations concerning tree protection.  He stated that the trees are not on the applicant's property and they have has very little say over those trees.  Knowing that the applicant has very little control over these trees he considered what they can do to safeguard and protect those trees.  He took a lot of Mr. Schmidt's suggestions which they concur with and modified the plan to reflect that.  The drip line will be protected which is 85-90% of the main root system.  We look at it from the tree out; how much of the tree's integrity can we protect and 85-90% is a pretty good percentage.  If roots are encountered during construction, they will be handle in accordance with the techniques recommended by the Arborists Society; i.e., clean cuts.  In addition we are eliminating any vehicle access except during the construction of the foundation; they area will be cordoned off during construction which will minimize the soil compaction.  He looked at the surrounding forest to determine the age of the trees.  The only method to determine the exact age is the incriminate borate technique which Mr. Schmidt mentioned as well; but I don't recommend that because it impacts the tree's health.  The methodology and ISA standards are subject to interpretation.  The only way to determine how far the roots go onto the applicant's property is with excavation and the aeration system but that will create a tremendous impact on the root system.  Protecting the drip line, minimizing the grading, putting up permanent fences during construction, minimize soil compaction is what is recommended to protect the trees.  Up to 25% of a tree's root system can be impacted and the tree can still thrive.  This is not an exact science you use the best information that is available.  The applicant is willing to do whatever is recommended within reason to allow what they need to do within their site plan.

Mr. Tedesco said Mr. Schmidt gave 57’ from tree 1 and 54’ from tree 2 as distances from drip line for protection.  What distance do you recommend?  Mr. Coleman said 52’ from the drip line of the tree and 59’ from actual trunk of trees.

Mr. Birgy said you need an additional 15’ for equipment.  Mr. Coleman said less if you are careful.

Mr. Coleman said there is no guarantee how far away you put the house from the trees that the trees will survive.

It was suggested that we get a third arborist’s opinion.

Chairman Friedlander said neither arborist can give us an answer how long the trees will live.  We are asking at what distance from the tree do we need to go and the answer is we don’t know.  So what are we gaining?  

Ms. Gray asked if we can close the public hearing.  Chairman Friedlander said we should wait so that the public can speak about the arborists’ reports


NEW PUBLIC HEARING – Ferry Landings LLC - Sleepy Hollow Parking Lot – Rivers Edge

Rivers Edge Tarrytown LLC, 485 West Putnam Avenue, Greenwich, Connecticut is seeking approval to use a small portion of a lot which lies within the confines of the building lot in Sleepy Hollow but falls in the Village of Tarrytown, for surface parking for their Rivers Edge portion of Hudson Harbor in Sleepy Hollow.  They have received site plan approval from Sleepy Hollow for their Hudson Harbor project.  The Village of Tarrytown’s Landscape Consultant, Lucille Munz, visited the site on June 20, 2012 and reported as follows:

The proposed planting plan which consists of white pines, bayberry, oaks, shadblows and switch grass are appropriate plantings for the site and should adequately screen the parking and building.  The mix of plantings should also provide a pleasing “natural” buffer.

Mr. Tedesco moved, seconded by Mr. Aukland, to approve the site plan for the portion of the Rivers Edge development parking lot which is located in Tarrytown.

This approval is subject to the approval of a landscape/screening plan by the Village Landscape Consultant for the area adjacent to the parking.  This plan is to be submitted to the Planning Board for its final approval.


ADJOURNMENT

Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 12:15 a.m.


Dale Bellantoni
Secretary