Planning Board
Village of Tarrytown
Regular Meeting
August 27, 2012; 7:00 p.m.
PRESENT: Chairman Friedlander; Members Tedesco, Aukland, Raiselis, Birgy; Counsel Shumejda; Village Engineer McGarvey; Secretary Bellantoni
ABSENT: Village Administrator Blau
APPROVAL OF THE MINTUES – July 23, 2012
Mr. Tedesco moved, seconded by Ms. Raiselis, with Mr. Aukland abstaining, that the minutes of July 23, 2012 be approved as submitted. Motion carried.
APPROVAL OF THE MINTUES OF THE JOINT ARB/PLANNING BOARD MEETING – August 15, 2012
Mr. Tedesco moved, seconded by Mr. Aukland, with Chairman Friedlander abstaining, that the minutes of August 15, 2012 ARB/Planning Board meeting be approved as submitted. Motion carried.
APPROVAL OF THE MINTUES OF THE SPECIAL WORKSESSION MEETING – August 16, 2012
Mr. Tedesco moved, seconded by Mr. Aukland, with Chairman Friedlander abstaining, that the minutes of August 16, 2012 Special Worksession Meeting be approved as submitted. Motion carried.
CONTINUATION OF PUBLIC HEARING – HAS-UWC – Jardim Estates East – Browning Lane
Adjourned pending the submission of the FEIS.
CONTINUATION OF PUBLIC HEARING – Toll Brothers - Wilson Park Subdivision Lot 4
Jennifer Gray of Keane and Beane, representing Toll Brothers stated that there are three separate reports from certified arborists regarding the protection of the two trees on the DeRockers' property; one retained by Toll Brothers, one retained by the DeRockers, and one retained by the Village of Tarrytown. All three reports have been distributed to the board members. At the Board's request, Toll Brothers has submitted to the Village Engineer a detailed construction protocol which includes all of the tree protection measures recommended by the Village's arborists. Ms. Gray stated that Toll Brothers has committed to adhering to these measures.
Mr. Tedesco asked what the additional distance will be from the limits of disturbance. Mr. Badger of Toll Brothers said based upon Steve Coleman's report and safe building practices they are estimating another 3-4' beyond where the limits of disturbance is set in the Davey report. He said they will need space to maneuver and for proper grading. They tightened up the contours as much as they can and would like to stay as close to the limits of disturbance as possible as stated in the Davey report.
Mr. Aukland said he would like to see the fence moved as close to the building line as possible to reduce the amount of root trimming. He suggested they start conservatively and if they need more space they can discuss it. Ms. Gray said based on Mr. Coleman's recommendation, the maximum they would be able to go is another 3.22' from tree #1, which is the difference between Steven Coleman's recommendation and Mr. Fenner's recommendation; and for tree #2, the difference between the two recommendations is 3.81'.
Ms. Raiselis asked how far that is from the house. Mr. Badger said currently it is 26' away from the home so it would be reduced by approximately another 4' which would make it 22'. Mr. Badger said they will amend the August 23rd letter and conditions to reflect the additional 3.8' and 3.2'.
Chairman Friedlander asked Mr. DeRocker if they decided on designating the ice house as a historic building in the Village. Mr. DeRocker said they did not but would like to seek Village designation but not National designation.
Chairman Friedlander asked Counsel Shumejda if the DeRockers' house was ever knocked or struck down, would they be able to put up a new house with the way the tree line is being demarked. Counsel Shumejda said if a building is destroyed you can get a building permit within six months to rebuild, even if it is on a non-conforming lot; but because of the proximity of the trees, the DeRockers' house probably could not be rebuilt. Mr. DeRocker asked the Chairman why he is asking that. Chairman Friedlander said because we are going to great lengths to protect these two trees which may all be in naught should something be built on the property in the future before the trees died. In effect we are saying we don't want anything built where the trees are which would hurt them. I just want everyone to be aware that we are
basically saying that nothing can be built on the lot if we want to protect the trees.
Mr. McGarvey commented that the board has gone above what is required for these trees and it should be noted that the reason they went to such lengths is because of the species of the trees and because of the ice house which is a very old structure. This should not be setting a precedence going forward for roots of a tree from someone else's property. He felt it was important to note for the record.
Mr. DeRocker asked: What's the sequence? First set up a 6' high chain link fence at the line of disturbance established by the Panning Board - as far as 12' from the western end of the house and at least 37 ' from the base of the tree. Is that true?
Regarding the placement of the house, since it has been moved around quite a bit, can there be a final demarcation so that the Planning Board and the DeRockers can see where everything will be?
Mr. Badger said the last time we met it was staked out and it remains the same today.
Can the Board mandate a neighborhood meeting with Toll Brothers, the Village Engineer and Village Administrator to go over the timetable and rules of engagement?
Mr. Badger explained that the first step will be the surveying of the property based upon the agreed upon limits. Then all erosion control and tree protection measures, which will include a 6' chain-link fence, will be installed before a single piece of equipment comes onto the site. In advance to construction they will have a site meeting and will invite Mr. DeRocker, the Village, Steve Coleman, and all sub-contractors. At that point the key will be turned over to Steve Coleman for the gate being installed between the house and the limits of disturbance.
Ms. Raiselis clarified that the limits of disturbance will be 22' from the house.
Ms. Gray said prior to pruning there will be no construction activity. Between the house and the limits of disturbance they will use rubber tire backhoes which will minimize compaction. The pruning will take place before the preconstruction meeting.
Mr. Badger did not know how the roots would be cut but will leave it to Steve Coleman to address. Mr. Tedesco said it should all be explained at the site visit.
Ms. Raiselis asked Mr. Badger how he lets the subcontractors know the rule of engagement. Mr. Badger said we have issued letters and will re-issue them again to all sub-contractors which must be signed; and if violated, they will be terminated from the job. Contractors will notify their suppliers and we will notify ours.
Ms. Raiselis asked if there will be someone from Toll Brothers there all the time. Mr. Badger said Brian Cody, their construction manager, himself, and they require that the subs have a foreman on site.
Ms. Raiselis asked what measure will be taken to prevent what happened during the infrastructure phase.
Mr. Birgy said it should also be added to the record that we are taking these steps because of past actions.
Ms. Gray said we have submitted a letter which includes the statement that someone from Toll will be onsite 75% of the time with a designated replacement for the remaining 25% of the time. She suggested that the Board make the approval based on the approval of the construction management plan.
Chairman Friedlander said it will be in their best interest to have someone on site from Toll Brothers at all times because it is Toll Brothers responsibility to see that it is done properly so that they do not get issued stop work orders. Things that we can prevent, we have to prevent.
Mr. DeRocker asked if there would be special conditions set as they were for the model house.
Mr. McGarvey said there is no way we can control this. We can't start designating where trucks can come in from; it’s getting out of control. Mr. Birgy and Mr. Aukland feels we have to control to a degree. Chairman Friedlander stated that there are limits. Cobb Lane is much too narrow, but you can't say just use County House Road. There has to be some degree of flexibility.
Kathy Ruhland, 17 Walden Road, Tarrytown asked what happens if in 5 years the trees die? Mr. Tedesco said there will be conditions for that situation. Secondly, there is another tree of concern and it is the 200 year old oak on the corner of Wilson Park Drive and Beech Lane and its roots go onto the Toll Property. Mr. McGarvey said its on Village property and is far away from the construction site. Ms. Ruhland said they should consider putting a fence around it. Mr. McGarvey said its 200' from the property line.
Ms. Raiselis said they will not be driving on public property with construction vehicles.
Mark Fry, Lakes Committee, discussed the infrastructure items that were not yet completed, namely the trail parking lot, elements of the storm water management plan which include the connections to Marymount College and the Institute for Applied Dynamic, construction of a permeable path in the 11.3 acre parcel which was purchased by the Village, clearing of the vegetation along the trail easement at lot #10, lot #14, the model house; the 5 bushes obstructing the sight line be moved 5', rubble and stone near the parking lot sight needs to be removed, on lot #10 there is a playhouse which belongs to the neighbor which needs to be removed, stumps from trees removed must be removed or ground down. He asked for a timetable for when these items will be constructed so that the construction of the trail can begin. He feels the access to the
soccer field should be resolved before any homes are built.
Ms. Gray responded to some of Mr. Fry's comments as follows: She stated that Tolls Brothers met with the Village and discussed the outstanding storm water issues and will be starting next week to resolve those issues. Regarding the trail parking lot, Ms. Gray said that they did get site plan approval but did not feel it was fair to have a timetable place on them for when it will be built. Mr. Birgy asked if the parking lot was part of the infrastructure. Ms. Gray said no. Mr. McGarvey agreed that it is not but felt it would be "neighborly" to have it built for the trail. Mr. Birgy asked why it is so open-ended. Counsel Shumejda explained that it was not part of the final approval; it was approved later and there was no timeframe established. Ms. Gray said they have discussed the
permeable path with the Village as well as the easements. They have made a commitment to the Village to get the easements prepared as soon as possible. Ms. Gray was confused as to why Toll Brothers had to remove the playhouse from property which they do not own. Mr. Fry explained that the playhouse is owned by the abutting neighbor (5 Westview Circle) who put it on the property known as lot 10. Ms. Gray said they would have to look into whether the owner of 5 Westview Circle acquired any rights to that property through adverse possession. Ms. Gray said regarding the trail bed clearing, Mr. Badger informed her that Toll Brothers has received a letter from the arborist closing out that portion of the work. Ms. Gray said they would respond to the rest of Mr. Fry's comments once they receive them in writing. Mr. McGarvey confirmed that they did meet with Tolls Brothers and their engineers and Dvirka and Bartolucci. Everyone is now in
agreement with what has to be done to close the nine points from Dvirka and Bartolucci. Mr. Badger said it is a couple of days’ worth of work which they will start next week.
Mr. Fry said he felt the obligation was made by Toll Brothers to build the parking lot and he would like to see it done.
Mr. Fry brought up the replacement of trees in kind or a contribution to the Village tree replacement fund. He felt there should be an exception in the DeRocker's case. He feels if their trees (the sugar maples) die, the value should be paid to the DeRockers rather than to the Village tree replacement fund. Chairman Friedlander explained that the purpose of preserving the tree is a public benefit more than a personal one. They are next to a historic house and a beautiful public park. Counsel Shumejda explained for the record that the trees are owned by Mr. and Mrs. DeRocker and if they die the Planning Board cannot impose a legal obligation 5 years hence on the subsequent adjacent owner to replace the trees; that is an improvement. Mr. DeRocker asked what recourse they would have if in two years the trees die. Counsel Shumejda said they have the same recourse as everyone else. If there is negligence on the part of the contractor or Toll Brothers, you could sue. This Planning
Board cannot impose an improvement on your property.
Mr. Tedesco moved, seconded by Mr. Aukland, to close the public hearing. All in favor; motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, that there will be no significant adverse environmental impact as a result of the proposed actions. All in favor; motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, to approve the proposed site plan for lot 4 (5 Warner Lane) subject to the following conditions:
1. Approval by the Building Inspector/Village Engineer, particularly in regard to the adequacy of the stormwater/drainage plan and compliance with a construction management plan which includes construction guidelines, construction timelines and allowable construction traffic.
2. Approval of a landscape and screening plan by the Village Landscape consultant. Plantings should be native species or non-invasive ornamentals.
3. If any trees that are designated to be preserved are damaged due to site work, and subsequently need to be removed within five years after completion of construction, 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. This condition is also to be recorded in the homeowner’s deed.
4. 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.
5. 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.
6. 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).
7. 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.
8. 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.
9. 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.
10. The architecture is to be reviewed by the Planning Board and approved by the Architectural Review Board (ARB).
11. 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 three stone piers and signage to be approved by the Planning Board and recommended to the Board of Trustees. The split rail will look just like wood and will serve as a clear and permanent demarcation with essentially no maintenance required. A special demarcation condition for the DeRocker property (the Ice House) was approved by the Planning Board at its regular meeting of July 25, 2011 (copy attached).
12. Payment of any outstanding escrow fees prior to the granting of a Building Permit.
13. Signing of the Final Site Plan by the Planning Board Chair.
14. This approval is also subject to the implementation of the following construction activity and site supervision guidelines which should aid in the preservation of the two sugar maples:
a. Install all erosion control measures (tracking pad and silt fence), construction fence delineating the limits of disturbance, and tree protection measures; to be installed in advance to home construction.
b. Host a preconstruction meeting (led by Toll’s Construction Manager) with all pertinent subcontractors in attendance, including Stephen Coleman (certified arborist), to review all general and site specific condition, limitations, and general operating procedures; all erosion control and tree protection measures to be installed in advance to this meeting. The following tree protection measure will be in place at the time of this meeting:
i. A permanent six foot construction barrier (chain link fence) will be installed along the Limits of Disturbance (LOD), as described in the August 1, 2012 report from the Davey Resource Group; more specifically along the Western side of the property.
ii. A six foot chain link gate will be installed that will prevent any construction vehicles from passing along the western side of the property. This gate will block/prevent access to the rear and side of the home through the area between the western side of the home and the construction barrier (chain link fence) that will be installed at the LOD; this gate will be locked at all times. This gate will also have the appropriate signage stating “Do Not Enter” or a substantially similar message, prohibiting access to the rear of the home through this area; this gate will only be opened for those subcontractors authorized by Toll management to access this area for the purpose of home construction. Once the foundation of the home has been completed, the gate will block any vehicular access to the
western side of the property for the duration of the construction period.
iii. Silt fence to be installed at the LOD in less sensitive areas of the property.
iv. All erosion control measures to be installed at this time.
c. The Village and the DeRocker’s will be given one week advance notice of this preconstruction meeting, and will be encouraged to attend.
d. During excavation and grading activities Stephen Coleman (certified arborist) will be present. A rubber tire backhoe will be used to minimize compaction.
e. Stephen Coleman will also Root Prune along the LOD as described in the August 1, 2012 report from the Davey Resource Group.
f. No activity, stock piling or access to take place in the Tree Protection Zone to the west of the LOD as shown on the DRG sketch. No stockpiling or access to take place between the western side of the home and the LOD, unless otherwise authorized herein.
g. All of the Recommended Preservation Measures described in the August 1, 2012 report from the Davey Resource Group, that require work to be performed on the DeRocker property will be funded by Toll, by a contractor of the DeRocker’s choice.
h. The Construction Manager (“CM”) will have direct responsibility for the overall daily operation of the Legends at Wilson Park in the field. It is the CM’s responsibility to maintain the proper quality of workmanship, as specified within the subcontractor agreements, the appropriate quality standards, and to supervise the behavior of the subcontractors and Toll employees in his/her Community. The level of quality and safety shall never be sacrificed for the sake of production speed. The CM will spend approximately 75% of their time in the field monitoring construction, making inspections, and general supervision. A subcontractor designated by the CM will be present for the remaining 25% to provide general supervision.
i. The Contractor shall:
a. provide a foreman or superintendent satisfactory to Toll to supervise the performance of the Work
b. comply with all statutes, ordinances, rules and regulations of federal, state and/or local governmental body or agency with jurisdiction over the Work
c. abide by all safety rules and regulations established by Toll or promulgated by any government body or agent with jurisdiction over the Work.
d. It will provide a “competent person” as that term is defined under 29 CFR (Code of Federal Regulations) 1926.32.
15. The limit of disturbance line (LOD) will be moved 3 to 4 feet closer to the perimeter of the house. This change is to be reflected in the final site plan which will be signed by the Planning Board Chair.
Mr. Aukland suggested that there be a further meeting with Mark Fry to discuss what is still open and with Toll Brothers to discuss what actions will be taken. Ms. Gray said that they will address all of Mr. Fry’s comments once they receive them in writing.
All in favor; motion carried.
PRELIMINARY HEARING – Toll Brothers - 217 Wilson Park Drive (Lot 13)
Mr. Badger presented the site place and gave the following description:
• It is a westerly lot facing the river.
• 8/86 acres
• 70' wide
• 28' high
• 82' deep
• 4,963 s.f.
• Energy star home
• 5 bedrooms
• 4 ½ baths
• 4-car garage, courtyard style (2 car garages on each side of court yard)
• Natural stone veneer
• Hardy plank siding
He showed the front, rear and side elevations.
Chairman Friedlander asked the length of the courtyard. Mr. Badger said 24'. Mr. Friedlander asked the distance from the road to the house. Mr. Badger said the front yard setback in 40.3', the rear yard setback is 93.5', the sides are 44' on the left side and 20' on the right side with a combined 64' where 40' is required.
Mr. Tedesco asked if they have a buyer and why they chose that lot. Mr. Badger said they do have a buyer and they chose that lot for the seasonal views of the Hudson River.
Mr. Aukland said there will be no variance or waivers. Mr. Badger said they is correct.
Ms. Raiselis asked if there are any trees that will be disputed. Mr. Badger said four trees will be taken down: a 36" Maple, 40" Beech, 30" Maple, and a 37" Maple. Ms. Raiselis ask if they are healthy trees. Mr. Badger said they are having an arborist and Lucille Munz come out to the site. Ms. Raiselis asked if they could work around the trees. Mr. Badger said given the width of the build, even a narrow home, would still sit in the drip line. The Board agreed to do a site visit after the next staff meeting (September 13, 2012). Mr. Badger said the house will be staked out, the trees will be ribboned, the driveway and lot boundaries will be marked out.
Mr. Badger said they have asked the buyer if they would prefer pavers instead of asphalt for the driveway. We are waiting to hear back from them.
Chairman Friedlander asked if they showed the buyers various styles. Mr. Badger said they have eight standard floor plans and each floor plan has eight elevations. This particular home is highly customized.
Mr. Birgy said you are not designing the house to fit the site as you originally said you would. Did you take the healthy trees into consideration? Mr. Badger said yes we did but no matter what size house, it would be in the drip line.
Chairman Friedlander asked how far the house will be from the trees. Mr. Badger said 72' from the first tree and 87' and 88' from the others.
Chairman Friedlander explained that they are willing to be flexible with the setbacks if there is a benefit. Before you commit to a buyer or even show a particular house on a lot, you should be sure it works on that lot.
Ms. Raiselis suggested they look at the site. She asked Counsel Shumejda if they have the right to tell them they cannot take down those threes. Counsel Shumejda said yes if you show that the detriment is more significant than the benefit.
Mr. Tedesco said the drainage plan has to be worked on. Mr. Badger said he has all of the calculation for Mr. McGarvey.
Chairman Friedlander asked if there were any questions.
Francesca Spinner, Wilson Park Drive, is concerned about the drainage that will go down the slope or into the High School field if those trees are removed. She said it would be in everyone's best interest to have a construction manager.
Mr. McGarvey suggested that Toll Brothers comes up with an alternative site plan which allows the trees to remain.
Mr. Tedesco moved, seconded by Mr. Aukland, that the Planning Board declare their intent to be Lead Agency; all in favor. Motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, to set a Public Hearing; all in favor. Motion carried.
Mr. Tedesco moved, seconded by Mr. Aukland, to set a $2,500 escrow; all in favor. Motion carried.
Mr. Birgy asked about a Saturday delivery and was anyone from Toll there. Mr. Badger said it was delivery of top soil for the soccer field and it was just the contractor and their foreman. Mr. Badger said moving forward they won't work on the soccer field on Saturdays if that makes you more comfortable. Chairman Friedlander said you can work on it on Saturdays as long as there is Toll Brothers supervision.
Karen Brown, 5 River Terrace, commented that the Sleepy Hollow residents behind this site are affected by this, drainage in particular, and they should be notified.
ADJOURNMENT
Mr. Tedesco moved, seconded by Mr. Aukland, and unanimously carried, that the meeting be adjourned – 9:30 p.m.
The Board convened to Executive Session to discuss pending litigation.
Dale Bellantoni
Secretary
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