Planning Board
Village of Tarrytown
Regular Meeting
July 23, 2012; 7:00 p.m.
PRESENT: Chairman Friedlander; Members Tedesco, Raiselis Birgy; Counsel Shumejda; Village Administrator Blau; Village Engineer McGarvey; Secretary Bellantoni
ABSENT: Member Aukland
APPROVAL OF THE MINTUES – May 29, 2012
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the minutes of May 29, 2012, be approved as submitted. Motion carried.
APPROVAL OF THE MINTUES – June 25, 2012
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the minutes of June 25, 2012, be approved as submitted. Motion carried.
APPROVAL OF THE MINTUES – July 12, 2012
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the minutes of July 12, 2012, be approved as submitted. Motion carried.
CONTINUATION OF PUBLIC HEARING – Tarrytown Honda – 480 South Broadway
John Hughes, attorney for Tarrytown Honda, stated that they received a draft resolution which they have reviewed.
The Chairman opened the meeting to public comment:
Marissa Feind, 12 Walter Street, read a letter dated July 23, 2012 to the Planning Board from Mark E. Constantine, Esq. regarding the Tarrytown Honda Application. A copy of this letter is attached to these minutes. She asked that the Board not close the public hearing because she feels there are many issues which have not been addressed properly, as stated in her 13 e-mails which she sent on July 22 and July 23, 2012; all of which are part of the official file.
Chairman Friedlander asked Ms. Feind if the documents she refers to are the 13 e-mails that were sent via e-mail or are there new items. Ms. Feind said they are the same issues, nothing new. Chairman Friedlander said they have received all of her documents and believes all of her issues have been addressed. He is concerned about how she feels but stated that a lot has been changed. Mr. Friedlander said this is an operating business and there are a lot of problems there. The Board has looked very carefully and diligently at all of the issues presented. The traffic and truck delivery issues, which are big safety concerns, were addressed and made better. The size of the building has its benefits.
Ms. Feind said that the plan has not changed at all.
Mr. Tedesco said he read all of her e-mails and we tried to integrate your concerns with special conditions. He said they listened to a tremendous amount of input that went into this application. Nothing is perfect but he feels that this is going to be much better than leaving the building as it is.
Mr. Birgy thinks the current dealership is broken and can’t function properly as it is now. This new building will make it better. We look at this as making it better for everyone but we can’t obtain a perfect situation for everyone. Taking the car carriers off the site is a big compromise. You are not giving it a chance.
Mr. Raiselis said all of the problems are still there because nothing has changed yet. You are not giving it a chance.
Ms. Feind said she wants more compromises. She wants it to be better but the building is too big for the space. Where is everyone going to park? She wants it to work more effectively but bigger is not always better. We would prefer a one story building with a high fence surrounding it so that the cars are not seen rather than a large two-story building with the cars inside.
Chairman Friedlander said we had a lot of open meetings, at least 12; we even let the public speak at the staff meetings. The one major cry from the public was the car carriers and we worked very hard to make that better. He said the noise problem has been addressed by air conditioning the building. The doors will be closed so that the noise from the mechanics’ tools is not heard throughout the neighborhood. We also worked hard on the building design.
Ms. Feind said we don’t care what the building looks like.
Chairman Friedlander said we do because it is important for the Village and it is a benefit to have the cars put inside. He stated that no one got up and said they didn’t like the building. He said at one point he asked, “Do you want a parking lot or a building.” Everyone stated a nice looking building. The board and the applicant worked hard at accomplishing that.
Mr. Tedesco said we have addressed safety issues. We have checked the fire lanes, the turning radius; and we have a review process mechanism for addressing anything that falls through the cracks. Having read over this we have had significant public input and we have significantly addressed them.
Mr. Birgy commented that they are gaining green space in place of the house that is going to be torn down.
Mr. Raiselis said this is a 1920s facility that does not work now.
Chairman Friedlander said you have said over and over again that it is not working. It has grown and it is still growing and it cannot be controlled.
Ms. Raiselis stated that service is not going off site, only car storage.
Chairman Friedlander said we have tried to accommodate all of the concerns. Would you be happy with 10 bays?
Ms. Feind said she did not want to say.
Alison Boldyrev, 63 Embree Street, stated that nothing has changed. She felt that a lot of discussion went on regarding the building before the public knew about it. She said over a year ago she e-mail Mr. Blau asking that he keep her informed when Honda submitted to the Board. She feels the building is too big. Why does he need a boutique? What happens if the Board of Trustees does not allow him to buy the public street? She feels that the size of this building does not fit in this location. She stated that the zoning for Neighborhood Shopping does not allow the sale of used cars, but he got a variance for that; and the used cars are the biggest problem. She feels the business is working illegally.
Audrey Capra, 33 Sheldon Avenue, thankful for all that the board has done to accommodate her. She feels the new building is a big white elephant for this quaint village. There are unnecessary things being put into the building like a boutique, cafe, and gym in the lunchroom for the employees. Are 21 on-line sale people necessary? There are little things that can be changed. She stated the main concern for most people is the size of the building.
Mr. Tedesco moved, seconded by Mr. Birgy to close the public hearing. All in favor; motion carried.
Chairman Friedlander said it was his understanding that the side front lot was going to be used for the display of new cars. He asked Mr. Dachnowicz if that is correct.
Mr. Dachnowicz said it will be used for the display of new and used cars.
Chairman Friedlander asked why do you need to have so many cars in the front parking lot and why can't it be just new cars.
Mr. Dachnowicz said it changes with the seasons and it is needed for the drive-by traffic and it is also used for display. They can walk a customer out to see features of cars they are interested in, such as color.
Chairman Friedlander felt because the cars in that lot are so jammed in, it is a detraction. Is there no room for some of those cars in the back? What is on the second floor? Mr. Dachnowicz said primarily new cars with some used cars.
Mr. Dachnowicz said originally there were 60 cars in the lot and it has now been reduced to 30. Chairman Friedlander said that there will be more space for the cars and space to move around them than there is now. They agreed to make the number of cars allowed in the front lot a condition of approval.
Mr. Tedesco read the following resolution:
PLANNING BOARD
VILLAGE OF TARRYOWN
RESOLUTION FOR APPOVAL OF SITE PLAN
NAME OF PROJECT: Tarrytown Honda
TAX MAP IDENTIFICATION NO.: Sheet 25, Block 72, Lots 5, 7, 9, 11, 12, 15, 38, 39, 39A, 43A, 44, 48, 49, 50, P-66H and property to be acquired pursuant to the Site Plan.
DATE OF ACTION: July 23, 2012
On a Motion by Mr. Tedesco seconded by Mr. Birgy the following Resolution was adopted:
WHEREAS, in accordance with the Code of the Village of Tarrytown, a formal and complete application for Site Plan Approval for the project known as Tarrytown Honda and dated June 2, 2011 was submitted to the Planning Board and the Applicant has represented to this Board that they are the owner of the land; and
WHEREAS, pursuant to SEQRA:
On June 2, 2011, the Applicant submitted an application for Site Plan Approval to the Village of Tarrytown;
On June 2, 2011, the Applicant submitted Environmental Assessment Form (EAF) to the Village of Tarrytown;
On September 26, 2011, the Village of Tarrytown Planning Board declared its intent to be Lead Agency;
On October 4, 2011, the Village of Tarrytown Planning Board issued a determination that the proposed action was an Unlisted Action and circulated the EAF and Notice of Intent to be Lead Agency to all involved agencies;
On October 24, 2011, the Village of Tarrytown Planning Board declared itself Lead Agency;
WHEREAS, this Board has referred this application to the following Boards, Commissions and Agencies and has received and considered all reports of the following if provided;
Village of Tarrytown Board of Trustees
Village of Tarrytown Zoning Board of Appeals
Westchester County Planning Board
NYS DEC, Willie Janeway, Regional Director
Westchester County Department of Health
Commissioner, NYS Department of Environmental Conservation
Dr. Howard Smith, Public Schools of the Tarrytowns
Mayor, Village of Sleepy Hollow
Village Administrator, Village of Sleepy Hollow
Mr. Wil Gonzalez, Director, Tarrytown Housing Authority
Mayor, Village of Elmsford
Superintendent of Schools, Elmsford
Village Administrator, Village of Elmsford
New York State Department of Environmental Conservation, Environmental Notice Bulletin
New York State Department of State, Division of Coastal Resources
New York State Office of Parks, Recreation and Historic Preservation
Village Administrator, Village of Irvington
Superintendent of Schools, Irvington Public Schools
Mayor Village of Irvington
North Tarrytown Housing Authority
SEQR Unit, Traffic Engineering and Safety Division
Supervisor, Town of Greenburgh
Commissioner of Planning, Town of Greenburgh
Supervisor, Town of Mt. Pleasant
Taconic State Park Commission
WHEREAS, this Board conducted its SEQRA review pursuant to NYCRR 617.6(b)(4)(i);
WHEREAS, the Applicant has submitted a Traffic Study, Landscape Plan, Lighting Plan and Storm Water Management Plan;
WHEREAS, Public Hearings were held on October 24, 2011, November 28, 2011, December 13, 2011, January 23, 2012, February 27, 2012, March 26, 2012, April 23, 2012, May 29, 2012; June 25, 2012; and July 23, 2012
WHEREAS, the public hearing is closed;
WHEREAS, there will be no significant adverse environmental impacts as a result of the project for the reasons stated herein.
NOW THEREFORE, BE IT RESOLVED that the Planning Board does hereby approve the application for Tarrytown Honda, subject to the following:
A. Approval of the Building Inspector Village Engineer, particularly in regards to the storm water drainage plan.
B. Approval of a landscaping and screening plan by the Village Landscape Consultant. Plantings should be of native species or non-invasive ornamentals. Recommendations of the Village Landscape Consultant are to receive final approval by the Planning Board. All plantings added in the landscaping plan are to be maintained by Honda in perpetuity.
C. Approval by ARB
D. The following conditions:
1. New car carriers shall deliver cars off-site.
2. Only in an emergency will new and used car carriers be allowed to unload at the dealership. Such emergency deliveries may not occur more frequently than ten (10) times per month. An emergency shall be defined as the closure of the Tappan Zee Bridge.
3. Drive lanes within the property shall never be blocked by another vehicle.
4. A green roof shall be incorporated into the structure.
5. The front yard setback shall be 12 ft. from the property line.
6. A “No Left Turn” sign and a “No U Turn” sign shall be installed on the property at the exit onto Walter Street.
7. There shall be no deliveries to owners business from vehicles stopped or parked on Village streets. Should an attempt be made for a delivery, regardless of the size of the delivery with the exception of mail delivery, from a vehicle stopped or parked on a Village Street, owner or owner’s representative shall not accept that delivery.
8. No repair work shall be performed on a vehicle on the outside of the facility
9. Test drives by prospective purchasers and by mechanics testing repairs to vehicles shall not occur on Walter Street or Sheldon Avenue.
10. It is acknowledged by the owner that Chapter 291 of the Village of Tarrytown Code entitled “Vehicles and Traffic”, Section 14, “Through Trucking” excludes trucks from Sheldon Avenue “except for trucks engaged in the delivery or pick-up of merchandise or other property along said street”. The subject property has a Broadway address and as such, trucks making deliveries shall not utilize Sheldon Avenue to access the property. Owner shall notify all delivery companies serving owner’s property that access must be obtained via Broadway.
11. There shall be a review by the Planning Board six months after the issuance of a Certificate of Occupancy for the new dealership building, to confirm compliance with the conditions of this approval. If operational and/or neighborhood issues are identified by the Planning Board, the owner shall provide remedies to the issues. Such remedies are to be approved by the Planning Board.
12. Should there be complaints regarding violations of the conditions included in this approval and the number of complaints total ten (10) prior to the six month review noted in number 11 hereinabove, the Planning Board shall move up the said review.
13. No more than thirty (30) cars displayed in the side front parking lot (Walter Street by Broadway – southwest portion of property).
E. Payment of any outstanding escrow fees prior to granting of a building permit
F. The applicant must provide an escrow account for a construction management firm chosen by the Planning Board to oversee all construction activities on the site
G. Signing of the final site plan by the Planning Board Chair.
BE IT FURTHER RESOLVED that the Planning Board does hereby issue a recommendation to the Zoning Board of Appeals for the required variances and to the Board of Trustees for the sale of Village-owned lands and the rezoning of property.
BE IT FURTHER RESOLVED that the Planning Board issues these recommendations and believes that the following significant mitigations provide important benefits to the Village.
These mitigations include the following:
1. New Car Carriers
The applicant has obtained an offsite location in Rockland County at which the dealership’s new car carriers can be unloaded and cars can be stored.
If the current 5 year lease with the Rockland Site is not renewed, an equivalent lease must be obtained for another offsite location. A lease for such an offsite location is always to be in force. The applicant must have at all times space for cars to be stored off site.
2. Architecture
It will be an aesthetically pleasing structure, with architecture that is impressive when viewed from all sides. The proposed building will be consistent with the neighborhood ambience and with the general historical area of Tarrytown.
3. Building Façade
Architecturally pleasing stone will be incorporated into the building façade which will add to the aesthetic of the streetscape. The nature of the stone is to be approved by the Planning Board and the Architectural Review Board.
4. On Site Operations
Many current operations which take place on the exterior of the building, will take place in the interior, including but not limited to the fact that all repairs will be done inside the air conditioned building. Thus, the noise level will be reduced; the neighborhood appearance improved and the residential ambience will be retained.
5. Landscaping
Landscaping that enhances the building's appearance and blends in with the surrounding area will surround the building.
6. Traffic Safety
The building will address previous traffic concerns on Sheldon Avenue and Walter Streets. Since both customers and deliveries and vendors will have easier access, the traffic flow on these streets will be greatly improved and congestion alleviated. Moreover, since employees park in an offsite facility, they will not add to the traffic concerns. On a yearly basis, commencing one year after site plan approval, the applicant shall submit proof that an adequate number of parking spaces for employee parking has been provided offsite. The drive lanes on the property will never be blocked, and they will always be open to two way traffic.
7. Green Roof
The Green Roof will have a drainage system that will capture the water run-off from the roof
Adding a “Green Roof” will have great environmental benefits, not just to the Honda structure but also to the surrounding neighborhood. Research has shown that green roofs can reduce water run-off, filter pollutants, reduce carbon dioxide and are ecologically sound.
8. Utilities
Flooding has been a concern in this area of Tarrytown. With improved storm water drainage, the enhanced structure will address this concern and serve as an added safety strategy against flooding.
9. Front Yard Setback
The front yard setback to Broadway will be increased from the existing 1ft. to 12ft. The setback to Broadway is a very important visual element and brings the dealership in greater conformity with the surrounding streetscape and allows for efficient landscaping along Broadway.
10. Economic Benefits
A) Tarrytown Honda is one of the top dealerships in the State of New York and has been recognized as one of the top 100 dealers nationally resulting in increased revenue to the County and to New York State. Since the Village receives a percentage of the sales tax received by Westchester County, an increase in sales tax revenue to the County will provide for an increase in the sales tax revenue received by the Village from the County.
B) An increase in property taxes to be received by the Village, School District, Town and County.
C) A successful dealership attracts customers to the surrounding vicinity.
D) At this time of increasing unemployment, Tarrytown Honda is increasing employment opportunities in the Village. It hires local contractors, engineers, legal help and workers, which contributes to the financial well-being of Tarrytown. Approximately 1/2 of Honda employees are Tarrytown residents.
11. Signs
A “No Left Turn” sign and a “No U Turn” sign are to be placed at the exit from the Dealership onto Walter Street. The Planning Board also recommends that the Board of Trustees allows the placement of a “No Left Turn” sign on Village property across from the dealership opposite the Walter Street exit.
12. Loading
The applicant will insure that there is no loading, unloading or standing of car carriers on neighborhood streets such as Walter Street or Sheldon Avenue. The owner will not accept delivery of vehicles that are unloaded on the street.
13. Test Drives
The applicant will also instruct employees and potential buyers that neighborhood streets are not to be used for test drives or the road testing of repaired vehicles.
The applicant is to provide employees with specific routes that must be followed to insure compliance with the condition. In addition, an employee is to be present in all new and used cars taken for test drives by potential buyers to insure that the required routes are followed.
14. New and Used Car Carriers
There will be no more than 10 new and used car carrier deliveries to the dealership per month. Only in an emergency will the ten new and used car carriers be allowed to unload at the dealership. An emergency shall be defined as closure of the Tappan Zee Bridge. Bills of lading shall be provided to the Village of Tarrytown commencing one year after Site Plan Approval confirming that no more than 10 new/used car carrier deliveries per month. These submissions should be done monthly for the first year after site plan approval and then quarterly thereafter.
All in favor; motion carried.
CONTINUATION OF A PUBLIC HEARING – Greystone – 612 South Broadway
Andy Todd stated that they are before the board for final subdivision approval. He said they have completed all conditions and have received sign offs from the Village Engineer, Michael McGarvey and the Village’s Landscape Consultant, Lucille Munz. All required documents have been given to Village Attorney, Jeffrey Shumejda. Mr. Todd said he gave Mr. McGarvey a new plan showing the construction fence that will go along South Broadway for public safety.
Chairman Friedlander asked if the public has any comments.
M.J. Wilson, Irvington, just wanted to be sure that we received and considered the letter from Jeffrey Anzevino, of Scenic Hudson, Inc. She also suggested that we not only require the HOA not to plant invasive species but also that they remove the existing ones from the property. She asked if the utilities will be underground and wondered if there where be a construct bottlenecking with both Greystone and Honda doing construction work.
Chairman Friedlander confirmed that the board did receive Mr. Anzevino’s letter and that the utilities will be underground. Mr. Todd said they are currently removing invasive species from the property. Mr. Blau said once the individual lots are developed and sold, we cannot tell the homeowners what they can plant on their property.
Mr. Tedesco moved, seconded by Ms. Raiselis to close the public hearing. All in favor; motion carried.
Mr. Tedesco moved, seconded by Ms. Raiselis, that there will be no significant adverse environmental impacts as a result of the proposed action. All in favor; motion carried.
Mr. Tedesco read the following resolution:
RESOLUTION OF APPROVAL FOR FINAL SUBDIVISION
NAME OF PROJECT: Greystone on Hudson
APPLICATION NO: 2011-0039 DATE OF ACTION: July 23, 2012
TAX MAP IDENTIFICATION NO: Sheet 29, Lots P42B and P42B2 and portions of
adjacent parcels.
On a motion of Ron Tedesco, seconded by Paul Birgy the following resolution was adopted:
WHEREAS in accordance with Chapter 263 of the Code of the Village of Tarrytown, adopted December 7, 1959, and as last revised, a formal and complete application for Subdivision Approval for the project known as Greystone on Hudson prepared by Broadway on Hudson Estates LLC ("Applicant") and dated September 7, 2011 was submitted to the Planning Board, and the Applicant has represented to this board that they are the owner or the lawful contract vendee of the land to be developed; and
WHEREAS, an application fee of $11,320.00 has been received by this Board; and
WHEREAS, pursuant to SEQRA:
On September 7, 2011 the Applicant submitted an application for Subdivision Approval to the Village of Tarrytown;
On October 25, 2011 the Applicant submitted an application for Subdivision Approval to the Town of Greenburgh;
On October 25, 2011 the Applicant submitted an Environmental Assessment Form (EAF) to the Village of Tarrytown and the Town of Greenburgh;
On November 1 7, 2011 The Village of Tarrytown declared its Intent to be Lead Agency;
On December 8, 2011 the Village of Tarrytown Planning Board circulated the EAF and Notice of Intent to be Lead Agency to all Involved Agencies;
On January 12, 2012 the Village of Tarrytown Planning Board declareditself Lead Agency;
On January 12, 2012 the Village of Tarrytown Planning Board issued a Positive Declaration, which required the preparation of a Draft Environmental Impact Statement;
On January 19, 2012 the Applicant submitted a Draft Environmental Impact Statement (DEIS) to the Village of Tarrytown Planning Board;
On February 27, 2012 the Planning Board accepted the DEIS as complete for public distribution and scheduled a public hearing on the DEIS for March 26, 2012;
On March 26, 2012 the Planning Board held a public hearing on the DEIS at which the public had the opportunity to provide comments on the DEIS;
On March 26, 2012 the Planning Board closed the public hearing on the DEIS and established April 5, 2012 as the closing date for submission of written comments;
On April 5, 2012 the Applicant submitted a Final Environmental Impact Statement (FEIS); and
On May 1 7, 2012 the Planning Board adopted a Findings Statement on the application; and
WHEREAS, this Board has referred this application to the following boards, commissions and agencies and has received and considered all reports of the following if provided;
Village Board of Trustees Village Engineer
Village Counsel
Village Fire Chief
Village Tree Commission Village
Planning Consultant Village Landscape Consultant
Town of Greenburgh Planning Board
Irvington Union Free School District Westchester
County Department of Health Westchester
County Planning Board
NYS Department of Transportation, Region 8
NYS Department of Environmental Conservation
NYS Department of State, Division of Coastal Resources
NYS Department of Parks, Recreation and Historic Preservation
Lyndhurst
Old Croton Aqueduct State Park;
WHEREAS, the Planning Board is authorized to review a proposal for a subdivision per New York State Village Law Section 7-738 and per the Village's cluster provisions per §305-131 of the Village Zoning Code; and
WHEREAS, the Planning Board approved the following waivers for this application:
A. To allow a small amount of steep slope disturbance necessary for the safe use of the existing carriage trail roadway;
B. To allow for an 18 foot right-of-way along a small section of the internal roadway for preservation of existing trees;
C. To allow up to a 12 percent slope on a few small sections of the internal roadway to use the existing roadway in order to minimize site disturbance;
D. To allow for the placement of the entrance into the site within the 100 foot buffer on South Broadway to allow continued use of an existing roadway and minimize site disturbance;
E. To allow for the disturbance of a small steep slope area for the roadway at the entrance to the site to allow continued use of an existing roadway and minimize site disturbance;
F. To allow an increase in building height and an increase in gross floor area up to 15,000 square feet for the proposed residences to allow for the development of proportionally appropriate homes on the site consistent with the architectural concepts provided in the Environmental Impact Statement for the proposed development and consistent with energy conservation efficiencies; and
G. To permit encroachment into the intermittent watercourse buffer for Lot 5 to allow for less overall disturbance on the site.
WHEREAS, a public hearing on the Subdivision Application was held on: May 29, 2012; and
WHEREAS, the Applicant has satisfied all conditions of the Preliminary Subdivision Approval;
THEREFORE NOW BE IT RESOLVED that the application for Subdivision Approval for Greystone on Hudson prepared by the Applicant, dated September 7, 2011, be granted final approval subject to the following conditions outlined herein:
General
1. This final subdivision approval is subject to all further requirements of the Village Engineer and Village Landscape Consultant.
2. No performance bond shall be released until all of the conditions are met to the satisfaction of the Village Engineer and Village Attorney.
3. The Subdivision Plat and the deed for each lot shall contain a deed restriction preventing any further subdivision of the lots in both Tarrytown and Greenburgh.
4. All Village engineering, inspection, and consulting fees shall be paid prior to the issuance of a certificate of occupancy for each house constructed.
5. The Applicant, or future property owner, shall furnish “as built” drawings when site work is completed.
6. The applicant shall provide design and specifications for road improvements as required by the Village Engineer.
7. The Applicant shall restore and utilize the original Greystone tree-lined road.
8. The applicant will coordinate with Consolidated Edison and other utilities in connection with utility lines to be installed on the premises to minimize impacts to existing trees to the extents practical. If trees designated to be preserved are damaged or removed as a result of utility lines, they must be replaced by the Applicant in consultation with the Village’s Landscape Consultant.
Permits
9. All applicable local, county, state and regional permits shall be obtained prior to obtaining a Building Permit. In the event that such permit(s) requires a modification to the subdivision approved by this resolution, a determination shall be made by the Building Inspector as to whether the modification is substantive and should be returned to the Planning Board.
Easements
10. Access and emergency access easements have been prepared and properly executed between the owner of the subject property, future purchasers and adjacent property owners, where applicable. These easements and agreements have been submitted to the Village Attorney and Village Engineer for review prior to their recordation to ensure consistency with the purpose and intent of subdivision approval and subsequent site plan approval in accordance with the preliminary subdivision approval. The subdivision plat includes the location of these easements.
11. All utility easements have been prepared and properly executed between the owner of the subject property, future purchasers and adjacent property owners, where applicable but will be held in escrow by the Village attorney and not recorded until construction is complete and a precise metes and bounds can be added to the easement. The subdivision plat includes the location of these easements.
12. The Coppola and Min Ding/Sabrina Shue residences (“Utility Easement Holders”) currently have easements through the Applicant’s site for utilities. The Applicant will ensure updated Greystone utilities will be brought to the Utility Easement Holders’ property line.
13. The Village has an emergency access easement onto the Coppola property’s existing driveway via Roundabend road. This easement has been replaced with a reciprocal easement between Greystone’s new roadway (“Carriage Trail”) and Roundabend Road to replace the existing emergency access easement. A break away gate is and will continue to be provided at this location to limit access for emergencies only. The applicant will pave the emergency access easement area with a material suitable for access by emergency responders and plowing.
14. The Village of Tarrytown has an access easement over the Coppola property’s existing driveway to its water tower and police repeater tower. This easement has been replaced by an easement over Carriage Trail to access the water tower and repeater tower.
15. The Nigerian Embassy has been granted an emergency access easement to South Broadway via Carriage Trail.
16. The Applicant will either move the existing gate or supply a new gate(s) to provide emergency access for Tarryhill from the tennis courts and the pool. Emergency access from the tennis courts will be through the Tarryhill fence on the northwestern part of the tennis courts. A second egress out of the pool area will be provided, exact location to be determined.
17. All easements required by the subdivision will be executed and recorded prior to the issuance of a building permit for a lot on which those easements are reserved by the final subdivision plat.
Open Space Donation
18. The Applicant will donate Lot 9 in Tarrytown, including the historic gate along South Broadway, to the Village as open space in perpetuity after all site work constructed is completed and before the first certificate of occupancy is granted.
19. The Applicant will donate Lot 13 in the Greenburgh subdivision to the Town of Greenburgh as open space in perpetuity with a conservation easement to the Village of Tarrytown. The conservation easement will be created prior to the final Village of Tarrytown subdivision approval even though the Greenburgh land that is subject to the conservation easement will not yet be subdivided at that time. Once the Greenburgh property has been subdivided, the Town, the County of Westchester and the State of New York will have 180 days within which to accept the transfer of the 21 .7 acre open space parcel. If the Town, the County and the State refuse the transfer or do not act on the
offer within the 180 day time frame, then the applicant must transfer the property to a not-for-profit conservation organization, pursuant to ECL 49-0305(3)(a).
Site Plan
20. The Applicant, or future property owner, shall submit a site plan application for each lot of the approved subdivision where a residence is to be constructed.
21. Subsequent site plans for individual lots shall comply with the Village’s Tree Replacement and Maintenance Policy and Tree Replacement Fund. Each site plan application shall include a landscaping/planting plan and a tree protection and preservation plan. The proposed residences shall be located such that existing topography, trees and wetlands are preserved to the maximum extent practicable. Within the limits of disturbance for the individual site plans, all efforts shall be made to avoid removal of existing mature trees through site design and construction best practices, including the use of smaller construction equipment.
22. All driveways shall be of permeable pavers or equivalent permeable surface as approved by the Village Engineer excluding lots where the Applicant is reusing existing driveways.
23. The Applicant shall preserve the historic stone wall along South Broadway and incorporate it into the site design.
24. The Applicant shall coordinate with the local postmaster to pursue individual mailboxes for each residence. If the postmaster does not approve individual mail delivery, then a mail pick up area will be located on the site as noted on the subdivision plan and subject to Planning Board approval.
Tree Protection
25. The Applicant shall adhere to the tree protection and preservation measures as per Village Code.
Landscaping and Screening
26. Landscaping shall be installed and maintained in perpetuity in accordance with the approved Landscaping Plan for the site. In the event that said landscaping is not installed or maintained to the satisfaction of the Village Engineer or his/her designee, the Village Engineer shall notify the Applicant or his/her successor in writing of the violation. If the violation is not corrected within 30 days to the satisfaction of the Village Engineer, the Village shall correct the violation and shall be reimbursed for costs to the Village by:
a) The Applicant, if it is a violation of initial installation;
b) The Homeowners' Association, if it is a violation of ongoing maintenance of landscaping on the Greystone common property; or
c) The owner of the individual lot, if it is a violation of maintenance of landscaping on an individual lot. Individual homeowners and the HOA are allowed to plant on their property in the future in accordance with Village code.
27. The applicant will work with the Village’s landscape consultant to determine appropriate plantings for the project site. Plantings shown on the Landscaping Plan should be a combination of native species and non-invasive, non-native species. Plantings should be attractive year round and should be deer resistant to the extent possible. Appropriate landscaped screening must be provided for all abutting neighbors including Tarryhill residences and the Ding/Shue and Coppola properties.
Stormwater Management, Erosion and Sediment Control
28. The stormwater management/drainage plan for the site must be approved by the Village Engineer and must be included in the project’s Stormwater Pollution Prevention Plan as required by NYSDEC Phase II Stormwater Regulations.
29. All slopes shall be graded to a slope of 3:1 or less and shall be planted with a sufficient ground cover or shrub and tree plantings to ensure long-term stability of the slope.
30. The Applicant and/or Homeowners’ Association shall have the site inspected each spring and fall for three years following final stabilization. Plant material must be replaced as required and deficiencies in site stability immediately corrected.
31. The Applicant shall be required to install all sediment and erosion control measures and make sure that they are in place and functioning throughout the entire construction process. Such measures shall be monitored by the Village Engineer or his/her designee.
32. The Applicant shall implement an Erosion and Sediment Control Plan, which is to include the following:
a) Install erosion control measures for approval by the Village Engineer or his/her designee prior to commencing construction;
b) Complete clearing and grubbing operations for approval by the Village Engineer or his/her
c) When earthwork commences, erosion and sediment controls are to be monitored and maintained and approved by the Village Engineer or his/her designee;
d) Earth excavation is to occur only within the limits of disturbance;
e) When rough grades are established, utility infrastructure shall be installed; designee prior to earth moving operations;
f) After the building construction is complete, grades are to be brought to final elevations, road pavements and curbs installed, and the site stabilized with topsoil and plantings; and
g) Submit a schedule for all of the above to the Village Engineer or his/her designee for approval prior to commencing site work.
Construction
33. The Applicant shall provide to the Building Inspector and Village Engineer a "staging and construction plan" to identify the location of construction equipment, construction materials and debris on the site. This plan shall be submitted prior to any site disturbance or the location of construction equipment on the site.
34. Before beginning land clearing, placing construction equipment on the site or actual construction on the property, the boundary of each lot must be staked out by a licensed surveyor.
35. The following monitoring plan will be implemented in order to ensure that construction activities are carried out to specifications:
a) The Applicant shall provide to the Building Inspector and Village Engineer with a staging and construction plan to identify the location of construction equipment, construction materials and debris on the site. This plan shall be submitted prior to any site disturbance.
b) At the Applicant’s cost, the Applicant shall appoint a foreman who will be in charge of assuring that all construction activities are in accordance with the monitoring plan.
i. The Foreman will prepare a written weekly inspection and maintenance report, which will be submitted to the Village Engineer until the proposed Stormwater Management Plan is determined to be fully installed.
ii. A certified engineer will inspect all erosion and control measures during and after rainfalls
iii. Erosion and sedimentation problems will be identified and corrected as soon as possible with immediate notification to the Village Engineer
iv. Additional hay bales, silt fencing and wood stakes will be stored on site in case of emergency.
v. The following steps will be taken to protect existing trees:
• The applicant will submit an updated tree survey for each lot at the time of site plan approval to ensure the accuracy of the tree survey over time
• On days when trees are scheduled to be removed the applicant’s landscape architect and the Foreman and/or the applicant/owner will be present to supervise and ensure that only trees that are supposed to be removed are removed. The tree removal schedule will be provided to the Village Engineer.
• No construction vehicles, equipment or materials shall be stored under a tree or within a trees drip line. Fences must be provided to protect existing trees in the construction area, in accordance with the Tarrytown Tree Ordinance.
36. The Applicant and/or contractor shall adhere to the following conditions with respect to the Old Croton Aqueduct:
a. Protect the culvert under the Aqueduct.
b. Avoid storing construction vehicles, equipment or materials on the surface above the Aqueduct. This shall be noted on the construction drawings.
c. Restore the surface above the Aqueduct to its original condition should surface disturbances occur. Any damage to the Aqueduct property as a result of construction activities, stormwater, or other means shall be replaced in kind at the sole expense of the Applicant. This shall be noted on the construction drawings.
d. Conduct an inspection of the Aqueduct in the event any blasting becomes necessary within 200 feet of the Aqueduct. If blasting is required for any reason on site, a pre-blast survey shall be conducted for all structures within 500 feet of the blast site, including an inspection of the Aqueduct "tube." All blasting activities shall adhere to local, state and federal regulations. Inspection of the "tube" shall be conducted in accordance with all OSHA requirements, including an on-site rescue team during the inspections at the Applicant's cost. Post-blast inspections shall also be conducted to ensure no damage to the Aqueduct has occurred. The blasting protocol shall be noted on the
construction drawings.
37. The Applicant shall submit a schedule for all earthwork and land disturbance to the Village Engineer or his/her designee for approval prior to commencing site work. The Applicant shall notify the Village ng ineer or Building Inspector with confirmation at least 48 hours in advance of any site disturbance to inspect the installation of erosion and sediment control devices, and tree and stream protection measures.
38. The telephone and electric lines to the Ding/Shue property are to remain operational without interruption during the entire construction process.
39. All construction activities shall be performed during the times permitted under the Village Code. If deemed necessary by the Village Engineer, Building Inspector or Chief of Police, the Applicant shall pay for a police officer to direct traffic at the entrance to the site on weekdays during the permitted hours of construction until such time when the level of construction activities at the site no longer warrant the officer.
40. Construction activities shall be limited as outlined in the Village’s Noise Control Code. All construction vehicles and equipment must be maintained and operated in an efficient manner.
Blasting
41. All blasting shall be carried out by a licensed professional and shall be done in full conformance with New York State and Village of Tarrytown ordinances governing the use of explosives and in accordance with "Blasting Specifications." The blasting contractor performing the work will be fully insured. A Blasting Inspector shall be on site for all blasting events. A qualified independent specialist shall be required to inspect off site foundations or other structures before and after blasting work to assure that no damage results from ground vibrations. The details of said inspection shall be provided to the Applicant by the Village Engineer or Building Inspector.
42. Once any required blasting sites have been identified, a general blasting schedule shall be developed in concert with the Building Inspector or Village Engineer covering the specific blasting operation.
43. Warning flags or other means will be used at a reasonable distance to give proper warning to the public at least three minutes in advance of firing. Blasting will not be conducted between the hours of 4:00 PM and 9:00 AM, nor on Sundays.
Homeowners’ Association
44. A Draft Homeowners Association (HOA) Agreement shall be submitted to the Village Attorney for confirmation that the HOA is consistent with the purpose and intent of the conditions for site plan and subdivision approval.
45. The HOA must be in place before the first Certificate of Occupancy can be granted.
46. The Homeowners Association will be responsible for maintenance of:
a) The detention basin in the lowest portion of the property in Tarrytown by South Broadway
b) The approved stormwater/drainage measures for each lot
c) Private internal roadways
d) Common areas
e) The approved landscaping
i. The Applicant shall include a provision in its Homeowners’ Association (HOA) bylaws that the HOA will be responsible for maintaining all trees on the Greystone property, and individual homeowners will be re sponsible for maintaining trees on their owned property. Such provision shall specify that the Applicant’s neighbors will not be responsible for maintenance of trees on the border of Greystone property.
ii. A covenant shall be placed in each home owner’s deed, in the miscellaneous document of each property, and in the homeowners’ association declaration that prohibits the use of phosphate fertilizers. Organic, non-phosphate fertilizers may be used.
Other
47. Pursuant to §15-0134 of the Environmental Conservation Law, certified water saving devices shall be used in the construction of all new homes to reduce the proposed water and sewer demand.
48. Pursuant to Local Law No. 3-1992, each new home shall be equipped with a sprinkler system.
49. Each new home shall be designed to meet or exceed the New York State Energy Conservation Code.
50. The Applicant must comply with the Village of Tarrytown’s Affordable Housing Ordinance before the first Certificate of Occupancy will be granted.
51. Prior to site development, the Applicant shall provide currently applicable recreational fees at the time of site plan approval for each buildable lot pursuant to the fees established by the Village Board of Trustees. Lot 9 shall be exempt from paying the recreation fee as it shall be donated to the Village for open space.
DATE OF RESOLUTION: July 23, 2012
SIGNED BY:
Dr. Stanley Friedlander, Chairman
ROLLCALL: Joan Raiselis: Aye
Paul Birgy: Aye
Ron Tedesco: Aye
Stanley Friedlander: Aye
AYES: 4
NAYS: 0
ABSTAIN: 0
PRELIMINARY PRESENTATION – Greystone – Lot 7
Andy Todd stated that the first house will be built on lot 7, which is on the South border, going east, of the subdivision. It borders Tarryhill. The property is 118,323 s.f. or approximately 2.6 acres and is in the R-60 zone. The lot is double the size of the minimum allowed. The principal building coverage is 6.1%, where 10% is permitted; minimum street frontage is 548’, where 150’ is permitted; and there will be 3,000 s.f. less of impervious surface then what exists on the lot now because the driveway will have pervious pavers. Historically the grounds contained a 25,000 s.f. stable and greenhouse. It is a flat lot and only one tree will be removed. The house is modeled after a Rhode Island country house. The roof and shingles will be cedar shakes with stone accents.
The back elevation is 12’ lower than the front of the house. There is a large sycamore tree on the property and the house will be 60’ from that tree. No steep slopes have been disturbed. There will be a pool and a pool house. There is a wooded area that screens Tarryhill.
Mr. Tedesco asked the size and amenities of the pool house. Mr. Todd showed a layout of the house and gave the following dimensions:
• First floor: 3,989 s.f.
• Second floor: 4,589 s.f.
• Garage: 1,092 s.f.
• Attic: About 700 s.f. of usable space
• Pool house: 400 s.f.
Mr. Birgy asked what energy efficient measure they are using. Mr. Todd said it will be a LEED certified house. They are looking into geothermal, they will have LED lighting, very thick windows which are energy efficient, and they will be using heavy foam insulation.
Ms. Raiselis said the house has a large roof. Have they thought of collecting the rain water and using it to water the lawns? Mr. Todd said the storm water was included in the storm water plan. Mr. McGarvey said they are talking just about using the rain water to water the lawns. Mr. Birgy said it’s a fairly easy system to build, especially with new construction. Ms. Raiselis said they should figure out ways to use as many sustainable resources as possible. Mr. Todd said they will look into that.
Chairman Friedlander said they will set a site visit as soon as possible, before the August 15the meeting. After tonight's meeting they will decide on a date and time and let Mr. Todd know. He said to have Steve Lopez and Lucille Munz come to the site visit.
Mr. Tedesco explained that for the site visit he should have all accessory building stakes out as well as the house and mark the three to be removed.
Mr. Tedesco moved, seconded by Ms. Raiselis, to declare the Planning Board's intent to be lead agency. All in favor; motion carried.
Mr. Tedesco moved, seconded by Ms. Raiselis, that the Planning Board sets an escrow account of $2,500 on this application. All in favor; motion carried.
Mr. Tedesco moved, seconded by Ms. Raiselis that the Planning Board set a public hearing at the August 15, 2012 meeting. All in favor; motion carried.
PRELIMINARY PRESENTATION – Greystone – Guard House
Mr. Todd showed pictures of the drive leading to and around the guard house, the guard house and its elevations.
Mr. Tedesco asked if they are using permeable material for the road and the parking lot. Mr. Todd said yes and also for the path.
Chairman Friedlander asked if the landscaping plan showing the trees that they are putting in will be available for the August 15th meeting. Mr. Todd said yes. Chairman Friedlander asked what the area next to the guard house will be. Mr. Todd said just grass.
Ms. Raiselis commented that it looks good and assumes that all of the frame and trim is wood. Mr. Todd said the house is stone with wood trim and the roof is slate, similar to the one at Lyndhurst. Ms. Raiselis said to think about that piece of horizontal wood to make it fit in better.
Mr. Tedesco moved, seconded by Ms. Raiselis, to declare the Planning Board's intent to be lead agency. All in favor; motion carried.
Mr. Tedesco moved, seconded by Ms. Raiselis, that the Planning Board sets an escrow account of $2,500 on this application. All in favor; motion carried.
Mr. Tedesco move, seconded by Ms. Raiselis that the Planning Board set a public hearing at the August 15, 2012 meeting. All in favor; motion carried.
CONTINUATION OF A PUBLIC HEARING - Toll Brothers - Soccer Field
Jennifer Gray of Keane and Beane introduced James Fitzpatrick and Chris Badger of Toll Brothers and Rob DiGiorgio of Dvirka and Bartolucci. Ms. Gray said they are here tonight to discuss the soccer field. Plans for drainage improvements and construction specs for the soccer field have been submitted, which has been discussed at a meeting with Village staff and the Planning Board at the last staff meeting. She requested some clauses be included in the approval resolution just insure that everyone is on the same page. They are, upon completion of the drainage improvements for the soccer field, Dvirka and Bartolucci will issue a written certification to the Village stating that after inspection everything has been built in accordance with the plans and specifications. Secondly, after that point Toll Brothers will
not have any future obligations with respect to maintenance, performance or establishment of the turf. The last clause is that upon completion of the soccer field, all of the infrastructure has been completed.
Mr. McGarvey said that the force mains are not in yet and the manholes regarding that. Ms. Gray said it was their understanding that all of the utilities and storm water management was complete but we will be happy to discuss any items that are not complete.
Mr. Tedesco said it is his understanding that the completion of the soccer field is not only drainage but also seeding and it has to be ready for use.
Mr. DiGiorgio highlighted the various features of the soccer field as shown on the drainage plan and specs which were presented to the Village.
As part of the soccer field construction a swale will be installed along the south side of the field down to water quality pond #1 for storm water management from field as well as picking up storm water from the Marymount campus. An under drain system will be installed with interconnected sand filled slots with 2" perforated drains in the sand slots. It is a very efficient drainage system which is used in many fields, Citi Field being one of them. A 6' perimeter drain will surround the entire field with open drain inlets at the corners to pick up any surface run-off from the field. The field is crowned with a 1½ - 2% slope which provides for surface run-off. We will be bringing in top soil from the Ursuline School which has been used for a soccer field for many years. It meets the characteristics
of its intended use and the soils have been analyzed and are contaminate free. It is a good 4" thick topsoil layer. We will use a 50/50 seed mix of blue grass and rye grass which is common for fields because it creates robust and easy to maintain grass. There will be 6' chain link fencing around the detention basins. One major component to creating a good turf is the fertilizer. The watershed area where the soccer field is located is nitrogen and phosphorus restricted area. This restriction makes it very difficult to get grass started. We would like to discuss the one-time use of a phosphorus fertilizer that is professionally mixed based on an analysis of the soil. It will be 99% absorbed into the soil. Potassium soda ash fertilizer is recommended as a day to day fertilizer for maintenance..
Mr. Birgy asked how they got the grass to grow initially. Mr. Badger said it was seeded for stabilization for erosion control measures only.
Mr. Birgy commented that when the bank above the filed on the west side of the field was graded a lot of the top soil was stripped down and asked what will be done to the bank. Mr. DiGiorgio said half way up is part of the soccer field construction and Mr. Badger said they will take a look at it and if it needs to be reseeded they will take care of it.
Chairman Friedlander asked if there is a swale on the western side of the field. Mr. DiGiorgio said yes. Chairman Friedlander asked the distance from the edge of the field to the swale. Mr. DiGiorgio said approximately 30-40' and there is 25' from the eastern swale. Chairman Friedlander asked the dimensions of the field. Mr. DiGiorgio said it measures 210' by 330' or 110 yards by 70 yards.
Chairman Friedlander asked about the fencing around the basins. He did not realize it was done for safety but as a means of keeping the balls out. As such he felt it was actually more of an attraction for kids. Mr. DiGiorgio said he discussed with Toll Brothers and believes they are agreeable to increasing the poles to 12' so they could place a mesh covering over the ponds which will prevent the balls from going into them, thus keeping the kids from attempting to go into them to retrieve balls.
Mr. Birgy asked if the swales will be constructed so that people could walk on them. Mr. DiGiorgio said people could walk in them but it is still a swale with a depression. It has to be as such in order to make it a water quality amenity. They are 5' wide on a 3:1 slope which can be walked in; they are all designed to run dry.
Mr. Birgy asked Ms. Gray if we sign off when it is complete, what happens if in six months the field is not dry. Mr. McGarvey recommended a condition not to accept it until we know that it work, at least six months.
Ms. Gray said it was her understanding the Toll Brothers will not be responsible for the establishment of the turf because it could take between 6 months to a year. She understood that they are to construct the field according to the submitted plans and then it is the responsibility of the village to maintain the field properly in order for the turf to be established. Once everything is done, it will be inspected by Dvirka and Bartolucci and by the Village then both will sign off stating that it has been constructed in accordance with the approved plans.
Mr. Fitzpatrick said that it was stated previously that Toll Bothers believes this field is not an appropriate field given the location, accessibility, level of play the village expects, lack of being able to fertilize this field, the lack of irrigation, and the lack of power for the field. If this is what the village wants, we will construct this field; but if in the spring you come back to Toll Brothers and say there is no grass, we will tell you it's because of a lack of proper fertilizer and maintenance by the village. We cannot get our contractor to warranty his product because of the limitations of this site.
Chairman Friedlander, if your contractor does everything right, is there going to be green grass on that field in 6 months.
Mr. Fitzpatrick stated that what is approved in the subdivision conditions is a green grass field, but what we are providing is a high level playing field, and it requires a high degree of care and maintenance.
Chairman Friedlander asked what they are you worried about. What is the issue? Once you do the construction and we do what has to be done, what will it be?
Mr. DiGiorgio explained the time line for the construction of the turf. Mid September the field will be seeded and mulched appropriately. From that time forward to Mid December it will need attention to get the grass to grow. This includes aggressive watering, some mowing, and some level of fertilization. Winter is a dormant period. In March it is time again to attended to the field which includes mowing, fertilization, possibly a sand layer and a lot more watering to get through March, April, June and July; and they you will have a field that is very viable to play on. It's that period of maintenance from September 15th through May 15th, who is responsible?
Chairman Friedlander said the difference between what you are saying and what we are saying is that you want to build the field and then turn it over to us to tend to the maintenance in order to develop the turf. We are saying you construct it and maintain it until the turf is developed in six month and then we will take it over. We expect you to maintain it until May when the grass is grown and then you can turn over a playable field to us.
Mr. Fitzpatrick said there is no provision to aggressively water the field. We never discussed provisions a subsurface irrigation system. Mr. Birgy said there is a huge supply of water there and you just have to figure out how to get it on the field.
Mr. McGarvey said what is there now is not representative of a finished product. Mr. Fitzpatrick said that is correct, we were told to stop. We were temporally stabilizing it for the winter and we intended to come back in and finish it. None of the swales were defined; none of the fine grading was done. The as-built show that none of the crowing was done.
Chairman Friedlander asked Mr. DiGiorgio if that field can be watered until it grows grass. Mr. DiGiorgio said one of the amenities of the location is there is a 12' water main with 120 psi pressure. There are above-grade irrigation systems that operate automatically on turbine pressure from the water main pressure. You can always bring in water trucks, but that is not the best method. Mr. Fitzpatrick said he actually forwarded a link to Mr. DiGiorgio regarding this type of irrigation system just in case it was needed. The type of field that is going to be built needs to be watched and babysat and that is something that was never contemplated and I can't believe that anyone in the Village could say that this is what they expected to be built. We will buy the piece of equipment for the Village and do
whatever is necessary to make this field they way the Village wants it but our biggest fear is that this is going to become a reoccurring issue that keeps coming up.
Mr. Tedesco said he does not feel that this will be a re-occurring issue. I sense that you are not confident that we are going to get the grass in May. Mr. Fitzpatrick said I would not let anyone play on that field for a year because if you play on it too early you create problems and that means the longer we have ownership of it which means a lot more maintenance.
Chairman Friedlander said we will not expect you to maintain it for a year. We want to see grass on it in May and we won't use it for six months after that if necessary. We will not hold you up on other site plans because of the grass on the soccer field. We have already let you build the model house and the parking lot, we bought the property for the park, we approved site plans already, and we have completed all of the water projects. We have done everything that was required. It's possible that the long term maintenance may not be done, but that will be our fault not yours. We do not intend to hold you up lot by lot; and as long as you make that good faith effort, that's all we are asking for.
Mr. Fitzpatrick said his major concern is not being able to use a phosphorus fertilizer as a starter. Will you let us use it? Chairman Friedlander asked Mr. DiGiorgio to comment on the use of phosphorus. Mr. DiGiorgio said soil has phosphorus in it already. A started fertilizer augments that amount. A very small amount is required; and when they are professionally applied and mixed in with the soil, calculations are done to be sure you are not over applying the phosphorus. The risk of phosphorus run-off in this one-time application that is professionally applied and done under the right calculations is a lot less than the risk of not having a nice field.
Ms. Raiselis said it is only 10' from the lake which has a huge amount of algae now; and if it goes into the lake, it will make the algae grow even faster. Mr. DiGiorgio said the amount of phosphorus surrounding the lakes now is probably 100 times higher than what it will get from this one-time application. Ms. Raiselis said there are organic fertilizers. Mr. DiGiorgio said there are but they do not work as well to start a field.
Mr. Birgy asked if sod is an option. Mr. DiGiorgio said not as a starter.
Chairman Friedlander asked Mr. DiGiorgio if he could provide a percentage of the run-off if the phosphorus were to get out. Mr. DiGiorgio said that is somewhat subjective, but if you run the calculation it comes out to be 99% is absorbed.
Mr. Birgy asked if there is a way to mitigate if the phosphorus if it does get into the retention basins, and will it have any affect on the lakes. Mr. DiGiorgio said you add alum to the water quality basin. Alum is an aluminum chemical and you will have to deal with that water quality issue as well, but it is the lesser of two evils.
Mr. Birgy asked Mr. DiGiorgio why he does not recommend sod. Mr. DiGiorgio said there is nothing wrong with sod but once it is played on, especially in its first year of play, it tends to get ripped up a lot easier than grass that has been germinated inside a root zone. There is no detrimental affects; but in terms of long term stability, a seeded field is preferred.
Ms. Raiselis felt that should talk to some experts in this field before making the decision to allow a one-time starter use of the phosphorus fertilizer.
Mark Fry, 41 Hudson Street, Sleepy Hollow stated that he read the Manhattan College Report and the PCI report the Dr. Mankiewicz Report and discuss it with Dr. Carole Griffiths, Chair of TEAC. He feels phosphorus has gotten a bad name; it is the excess phosphorus to grow grass that is the problem. He is comfortable and has tremendous faith in Mr. DiGiorgio's opinion and understands the necessity of using a carefully measured and professionally applied quantity of microbial-bound phosphate in order to establish this field with a healthy level of turf. He said he would discuss it with the Lakes Committee but feels they will also be in agreement with the use of said phosphate. He shares Mr. Fitzpatrick's concerns. He urges the board to allow this starter phosphorus fertilizer and let it be professionally managed
until we have a well established grass.
Mr. Fry also addressed some issues in the Findings. He stated a contradiction in the Findings regarding the improvements to the park and soccer field on pages 13 and 14 (G & H). He discussed infrastructure items that have been approved but have not been completed yet; i.e., parking lot at Wilson Park Drive, cleaning of the trails, some storm water improvements, and piping of the spring water into the lake.
Mr. Tedesco commented on the soccer field. He also has read the Manhattan College studies and the PCI report and said that Mr. Fry is correct in stating that one of the conclusions of that report is that microbial phosphate was useful for a one time application for lawn area and parks if used properly.
Ms. Gray asked the board if they could approve the soccer field plan tonight subject to their further approval of the use of the fertilizer, so that work could begin. We do have time constraints with the contractor. Chairman Friedlander asked if anyone has any problem with the phosphorus fertilizer because he is prepared to make a decision tonight. It would take a lot to convince him not to do this because of its minimal, if any, harm to the lakes. We have to decide whether we want to move forward and get this done right or use other means and get it done marginally. Everything has environmental damage if you want to get some benefits and we have to come to a point where we have to balance those.
Mr. Birgy is more concerned about the watering of the field an asked Mr. DiGiorgio if he felt the turbine pressure powered machinery would be sufficient. Mr. DiGiorgio said yes, they are designed specifically for this type of application. Mr. McGarvey asked if this is going to be offered to the Village. Mr. Fitzpatrick said yes and he would like to sit down with Mr. McGarvey to discuss tapping the water main. He also said he will discuss with the contractor the use of sod. Chairman Friedlander said he felt that a root system is better than sod.
M. J. Wilson encouraged mowing with grass recycling which helps built the soil and recycles the nutrients back in and also to mulch the leaves back in. She said they have had excellent results with the playing fields in Irvington by doing this.
Mr. Tedesco moved, seconded by Mr. Birgy, to approve the reconstruction of the soccer field. This approval includes:
• That the field is built in accordance with the proposed and discussed plan presented by Dvirka and Bartolucci at the July 23, 2012 meeting.
• The use of a one-time microbial bound phosphate starter fertilizer.
• Toll Brothers will be obligated to maintain the field until a stabilized turf is established.
• Toll Brothers will donate to the Village the turbine pressure powered machinery for watering of the field and will tap the existing water main for the use of this machinery.
The board voted: 3 yeses, 1 no. Motion carried 3-1.
Mr. DiGiorgio discussed the 2005 Storm water Management Plan vs. today's conditions of the same site. The 2005 plan identifies nine minimum storm water measures recommended based on the information available at the time. The principles still apply and Toll Brothers is obligated to meet the nine elements. Dvirka and Bartolucci was hired by the Village to review the current plan and the current SWPPP developed by Toll Brothers against the 2005 nine elements that were previously established. To summarize there are 3 or 4 elements that warranted some review:
• Enlarge the existing 18 inch drainage pipe in the railroad right of way which currently outfalls to the sediment basin portion of the water quality pond number 1 to a 24 inch drainage pipe (Element 3). Re-contour, clear and grub the impoundment area to and from the 24 inch railroad culvert crossing.
• Provide 100 feet of 15 inch drain pipe to connect to an existing outfall of Marymount campus (see D&B report, figure 3-4); install a 15 inch culvert crossing through the railroad right of way; install a diversion dike with level spreader on the east side of crossing towards the (newly) installed swale on the south side of the soccer field. Re-contour and clear and grub impoundment areas (Element 6).
• Provide 50 feet of 15 inch drain pipe to connect an existing outfall under County House Road. Install rock outlet protection at discharge point (Element 9).
• Divert the inlet spring from pond number 1 (sediment bay) to pond number 1 (water quality bay). An area designated as a "natural spring" has been piped to the northern portion of water quality pond number 1. The origins of the water do appear from a natural spring but the existing piped system to the north of the soccer field also includes at least one open catch basin which now creates a co-mingled source of water: natural groundwater and surface run off. It would be better to divert this water to the southern portion of pond number 1 which acts as a water quality basin and leave the northern portion as a "dry" side to act as a sediment trap for the off site Marymount run off and associated sheet flows.
There have been many other improvements keeping the intent of the 2005 plan.
Mr. McGarvey said 3 of the 4 points were across the railroad right of way and the fourth coming across County House is in Sleepy Hollow. The two on the railroad right of way have not been done because they thought they could not that right of way. Mr. Badger said that was our understanding. Mr. McGarvey said he thinks it was a misunderstanding; originally the drain water was to be piped under the railroad track into another area. A local attorney opposed it because he said it would be coming under Village land for a private use which is illegal. I don't see it as being a conflict because it is already coming through there now. Counsel Shumejda said since the right of way predates this as a park, it should not be a problem. This is only increasing the diameter not the volume so he believes it's
allowed. Mr. Badger said there is another option of installing a new 15" line. Mr. McGarvey said water is still coming across there. It’s not like we are taking water from somewhere else and putting it across there. Counsel Shumejda said what I am hearing is that it is not decreasing the value of the fee, but actually making an improvement to it. Mr. Badger said we will now go ahead and complete that work and we will take care of the water coming across the field by piping it into the lake.
Mr. Birgy said what about the issue on County House Road. Mr. McGarvey said the only thing we can do there is to put a basin on our side of County House Road and pipe it into retention pond 4a. Mr. DiGiorgio said you do get a sheet flow over that area but a pipe would be an improvement. Mr. Birgy said if the pipe is installed it solves the problem so we want the pipe installed. Mr. McGarvey said the water is coming off of the Sleepy Hollow side of County House Road and we cannot make anyone install a pipe that is not in our jurisdiction. Mr. Birgy asked if we can get permission from Sleepy Hollow. Counsel Shumejda said yes. Mr. Blau said he could set up a meeting with Sleepy Hollow. Mr. Badger said we have no interest in installing that pipe. Mr. Birgy said it is one of the four points in the
Findings so you don't have an option. Mr. Badger said but we have an approved plan. Mr. McGarvey said you have an approved plan that refers back to everything in the Findings Statements. Ms. Gray said she does not think that this board can authorize the performance of work in another jurisdiction. We can explore alternatives. Mr. McGarvey asked why this wasn’t brought up when you bought the subdivision. Ms. Gray said they will look into it but cannot say anything definitive tonight.
Mr. Tedesco said the Board is arranging a site visit to Greystone before August 15th and we will make a site visit to the Wilson Park site at that same time. We will let you know when that site visit will take place.
Please note: Copies of both of the Dvirka and Bartolucci’s reports are part of the official file.
NEW PUBLIC HEARING – Ahold USA – 350 South Broadway
The certified mailing receipts were received.
The sign was posted.
The Chairman read the following public hearing notice:
"PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, July 23, 2012 at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Ahold USA
350 South Broadway
Tarrytown, New York 10591
To consider the application for the installation of one new pole, lights on a new concrete base; replacement of one pole and lights on existing concrete base; and installation of two wall packs in order to bring ATM lights to code at the Wells Fargo Bank site. The property is located at 350 South Broadway in the Village of Tarrytown.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 1.140, Block 89, Lot 4 and is located in a NS (Neighborhood Shopping) 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"
Mike Barnett, the electrical contractor with Candela Systems Corporation introduced himself and explained that the reason for this change in lighting is to comply with the New York State regulation that requires this illumination around all ATMs. The requirement is that within 60' of the ATM, a minimum of 1 foot candle, which it does not have now. We will be dropping the energy usage from 1400 watts down to 900 watts and illuminating better than it has. It will not exceed the property as it does now and it will illuminate the area as required by state law.
Chairman Friedlander asked if there are any questions or comments.
Mr. Barnett said they are not strictly cut-off fixtures. They do not extend light beyond the area we are talking about. What we are taking out are floods that actually did broadcast light. It’s quite an improvement.
Mr. Birgy asked if it's part of the dark sky. Mr. Barnett said yes it is part of the dark sky initiative.
Mr. Tedesco moved, seconded by Mr. Birgy, that the Planning Board declares itself lead agency. All in favor; motion carried.
Mr. Tedesco moved, seconded by Ms. Raiselis to close the public hearing. All in favor; motion carried.
Mr. Tedesco moved, seconded by Ms. Raiselis, that there will be no significant adverse environmental impacts as a result of the proposed action. All in favor; motion carried.
Mr. Tedesco moved, seconded by Mr. Birgy, to approve the proposed actions consisting of the installation of one new pole and lights on a new concrete base, the replacement of one pole and lights on an existing concrete base, and the installation of two wall packs.
These actions are required for the bank to comply with the New York Safety ATM Act.
This approval is subject to:
1. Approval by the Building Inspection/Village Engineer.
2. Payment of any outstanding escrow fee before the granting of a building permit.
3. Signing of the final site plan by the Planning Board Chair.
All in favor; motion carried.
NEW PUBLIC HEARING - Tarrytown Family YMCA - 50 Ichabod Lane
The certified mailing receipts were received.
The sign was posted.
The Chairman read the following public hearing notice:
“PLEASE TAKE NOTICE that the Planning Board of the Village of Tarrytown will hold a public hearing on Monday, July 23, 2012 at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:
Family YMCA at Tarrytown
62 Main Street
Tarrytown, New York 10591
To consider the application by the YMCA of Tarrytown to operate their early learning program for infants through children age five and their after school program at the Tappan Hill School, located at 50 Ichabod Lane in the Village of Tarrytown.
The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 1.80, Block 51, Lot 12 and is located in an R-10 (Residential) Zone.
Documents are available for inspection in the Planning and Zoning Office. All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing-impaired; request must be made to the Village Clerk at least one week in advance of the meeting.
By Order of the Planning Board
Dale Bellantoni
Secretary"
Gerry Riera, CEO of the Family YMCA of Tarrytown, explained that they are proposing to use the Tappan Hill School at 50 Ichabod Lane for a full day care program as well as an after school care program.
Mr. Tedesco stated that the board felt it was a good project which will make good use of the location. Their only concern was traffic.
Mr. Riera said they discussed this with the School District. They said the school primarily had bus traffic. No cars were allowed onto the site, they parked on Union Avenue. For their facility there will be far less children. The school had approximately 250 children and their program will have a maximum of 200 combined. At the primary drop-off time between 7:30 a.m. to 9:30 a.m., the maximum number of children that will be dropped off is135; and they don't anticipate a problem. We will allow cars onto the site.
Chairman Friedlander asked him to submit a plan showing how the drop-off procedure will work. Mr. Riera said the ages of the children will be from infant to four years old. The parents will come onto the site, park in the parking lot, and bring the children into the facility. Chairman Friedlander asked how that will work with 135 children and how many cars will it involve. Mr. Riera said 135 is their maximum. They are presently only at half that, about 70 children. The children will be dropped off within a two hour window. He said there is plenty of parking, over 50 spaces; so there should always be parking spaces available.
Ms. Raiselis asked if they are going to mandate that they go into the parking lot and not come into the circle to drop their children off. Mr. Riera said yes.
Mr. Tedesco asked if they planned to do any outside renovations. Mr. Riera said no, only changing the sign.
Counsel Shumejda discussed the permitted use in an R-10 residential zone.
Mr. Riera said the YMCA is a non-profit charitable organization. The YMCA operates a private community center.
Mr. Shumejda explained that in this residential zone an organized child care center is allowed as an accessory use and the permitted principal use is a private community center. In this case, since the permitted principal use is a private community center; the child care center is allowed as an accessory use.
Chairman Friedlander asked if they are permitted to have anything other than what we are approving. Mr. Shumejda said yes, the activities a private community center. Chairman Friedlander asked if they would have to come back to this board if they wanted to change the use. Counsel Shumejda said yes if it is an activity under a private community center and that activity is different than the child care center site plan that the Planning Board is approving. If they want another use, they will have to come back to this board for an amendment of the site plan.
Mr. Riera said they will have a lease with the School Board which has permitted uses and non-uses because they have the same concerns in terms of the residential neighborhood. The lease specifies that it is for day care and after school care. It also specifies some small classes; i.e. theater, small activities classes in the gym. Any use beyond that would require permission from the School Board. It also specifies the times of the day. He said he will give the board a copy of the lease.
Mr. McGarvey asked how long the lease is for. Mr. Riera said 3 years initially. Mr. McGarvey asked if they have signed it yet. Mr. Riera said the School Board has signed it, but we have not because it is contingent up this approval. Mr. Riera said the lease begins in September and they can take it back and we can walk away after three years, however that is not our goal.
Mr. Tedesco moved, seconded by Mr. Birgy, that the board declare its intent to be lead agency. All in favor; motion carried.
Mr. Tedesco moved, seconded by Ms. Raiselis to close the public hearing. All in favor; motion carried.
Mr. Tedesco moved, seconded by Ms. Raiselis, that there will be no significant adverse environmental impacts as a result of the proposed action. All in favor; motion carried.
Mr. Tedesco moved, seconded by Ms. Raiselis, to approve the use of the Tappan Hill School building for two facilities which will be run by the Family YMCA of Tarrytown.
It is approved as a full day child care facility and an after school care facility with the limitations listed on the lease between the School District and the applicant (copy of lease attached).
This approval is subject to approval by:
1. Building Inspector/Village Engineer.
2. Payment of any outstanding escrow fee prior to the granting of a CO.
3. Signing of the final site plan by the Planning Board Chair.
All in favor; motion carried.
ADJOURNMENT
Mr. Tedesco moved, seconded by Ms. Raiselis, and unanimously carried, that the meeting be adjourned – 11:30 p.m.
Submitted by: Dale Bellantoni, Secretary
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