Tarrytown NY - Planning Board Minutes 1/28/2013

Planning Board Minutes 1/28/2013

Planning Board

Village of Tarrytown

Regular Meeting

January 28, 2013; 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 – December 19, 2013

Mr. Tedesco moved, seconded by Ms. Raiselis, with Mr. Aukland abstaining, that the minutes of December 19, 2013, be approved as submitted. Motion carried.

CONTINUATION OF PUBLIC HEARING – Toll Brothers – 214 Wilson Park Drive (lot 6)

Adjourned at the applicant’s request.

Chairman Friedlander explained that Toll Brothers adjourned all of their applications for tonight’s meeting and asked if there was anyone who wished to speak on the Toll Brothers project to do so now and to make it as brief as possible.

Rob DeRocker, 3 Warner Lane, feels it is necessary for Toll Brothers to hire an independent inspector. Feels the whole project should be done safely in accordance with prior agreements and within the confines of law, which he feels is not being done. He spoke about the cement truck that tipped over and one that went thought a stop sign. He also said that he witnessed a dump truck backing approximately 200 yards up Warner Lane without a spotter which he feels is a dangerous thing for to do. Mr. DeRocker also spoke about work being done on the Martin Luther King holiday, which is a federal holiday and no worked is allowed to be done. He called Police Headquarters and said they were not well informed about when work is allowed and when it is not allowed. Mr. DeRocker said they do not see Carlos, Toll Brothers supervision very often.

Melinda DeRocker, 3 Warner Lane, said they are not interested in holding up the work, just want it done safely. She works from home and has seen quite a few things that are not suppose to be going on. She referenced a letter sent from Keane and Beane dated 11/7/12 outlining the construction plan. She cited a few items from the memo that have not been done:

No heavy equipment to be operated in the absence of supervisor or foreman. Although she is not sure who is the foreman, she said she witnessed two men working all day by themselves.
All concerns and questions are to be addressed by Tolls Brothers, but in the last two months, none of their e-mails have been returned.
A six foot locked chain link gate with signage is to be put up so that no construction vehicles can pass through the west side of the property. To her knowledge there is no locked gate or signage.
Construction Manager is to be in the field 75% of the time; however, she has only seen Carlos once, not even when the cement truck tipped over. She is very concerned about safety, especially for the small children in the neighborhood.

She would like to see an independent supervisor come in. She asked who she should report any incidents to, Mr. McGarvey, Mr. Blau, the Planning Board?

Chairman Friedlander said all of these things are implementation issues and she should communicate through the Village Officials. Mr. McGarvey said if she sees something going on during a weekday, she can call him or she can send him a letter and copy Michael Blau; after hours and on weekends, she should contact the police.

Ms. Raiselis asked if we can speak with the police and make them aware of the situation so that this does not happen in the future.

Mr. DeRocker said he is frustrated with the police and feels they are not well informed. Chairman Friedlander said he should report his problems with the police to the Police Chief.

Mrs. DeRocker said the reason she came tonight is to get the chain of command and thanked the Board for that information.

Mr. Aukland, Mr. Tedesco and Mr. Birgy all expressed their concern about the situation.

Mr. McGarvey said, for the record, they were issued violations for working on the holiday.

Mark Fry of Sleepy Hollow said that the Historic Society has decided that Brace Cottage is worthy of a local designation as a historic building and are applying for such designation. Mr. Tedesco asked if the Historical Society is going to buy it. Mr. Fry said one option is for them to buy it, second option is for Toll Brothers to not build on lot #2 and take a write-off, and the third option is for the Village of Tarrytown to take title after a conservation easement is place on it to be used in accordance with the Tarrytown Lakes park; however, it will go off the tax role and it will be the obligation of the Village.

Chairman Friedlander said he and the Historical Society should go to the Board of Trustees because they make those decisions.

Mr. Fry said the building has been well taken care of; but Toll Brothers said it has a mold problem, and he fears they will asked to demo it sooner rather than later because of this mold problem.

Mr. Aukland said he understood that a demo permit could not be issued until the new building is approved. Mr. McGarvey said that is correct.

Mr. Fry reported to Council Shumejda that the Village has a right-of-way along the Brace Cottage driveway, formerly known as the Farm Road, and that information is included in the title report.

Mr. Fry said he is composing a list of all infrastructure items that have not been done. He said there are 34 items and he will provide the Village with that list by Thursday.

Chairman Friedlander told Mr. Fry to send a letter to Mr. Blau addressing his concerns.

Mr. Birgy asked for an update on the spill at the Toll Brothers site where the garbage truck tipped over. Mr. McGarvey said the site has been cleaned, the soil is clean with no contamination and he is waiting for a closeout report from the DEC.

NEW PUBLIC HEARING – Jones - 23 John Street

The Chairman read the following Notice of Public Hearing:

PLEASE TAKE NOTICE that the Village of Tarrytown Planning Board will hold a public hearing on Monday, January 28, 2013 at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:

Christopher Jones

23 John Street

Tarrytown, NY 10591

For site plan approval for property located at the above address to construct a new driveway adjacent to the house to accommodate two off-street parking spaces with a new curb cut. The property is shown on the tax maps as Sheet 1.70, Block 34, Lot 3 and in the M1.5 Zone.

Documents are available for inspection in the Planning and Zoning Office. All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing-impaired; request must be made to the Village Clerk at least one week in advance of the meeting.

By Order of the Planning Board

Dale Bellantoni

Secretary

The certified mailing receipts were submitted and the sign was posted

Robert Dallesandro, architect for Mr. Jones introduced himself and explained that they are before the Board because Mr. Jones would like to eliminate one parking space from the street and construct a driveway on his property for two off street parking space. Five out of 8 houses on Mr. Jones' side of the street have off-street parking. Mr. Jones' property does not have any off-street parking although there is room for it on his property. The two proposed parking spaces would require expanding the existing curb cut which would match the other curb cuts on the street. It would be paved with semi pervious pavers which will capture the majority of the ground water runoff plus they are providing a French drain for any additional water which will be feed into a drywell on the property. The first space would be on level ground and the second would slope toward the back of the property to keep the ground water off the street.

Chairman Friedlander asked if anyone would like to address the board.

Wayne Solomon, 19 John Street, said he doesn't understand why Mr. Jones needs two spaces because he only has one car. He said if he puts a driveway in he will be able to drive to the back of his house and he will be able to park four cars. He said no one has a problem getting parking; everyone gets a space. He said the Village parking lot is right across the street. Mr. Solomon said he fears that he will use the back for parking because it is such a big house and he might want to make it a two-family.

Mr. Tedesco asked Mr. Jones if he intended to use the back for parking. Mr. Jones replied that he did not. Mr. Tedesco asked Council Shumejda if we can stipulate no parking in the back. Council Shumejda said there will be an approved site plan and he could not go beyond that plan and secondly we can file a stipulation with the records of the Village and with the County Clerks office that there can be no parking in the rear.

Mr. Birgy asked how wide the driveway is proposed to be and does it abut the neighbor's property. Mr. Dallesandro said 9' and it does abut the neighbor's property.

Chairman Friedlander asked Mr. Solomon if he has a driveway. Mr. Solomon said yes he has a one-car driveway.

Creaola Solomon, 19 John Street, asked why he needs two spaces; everyone has one; and what is going to happen with the fumes from the first space which is right next to their deck. Everyone else on John Street has one parking space

Mr. Friedlander read a letter from Mistrella Murphy of 18 John Street which stated that she is against it because it will take away a parking space from the street (copy attached).

Mrs. Solomon said the problem is people from Main Street and Broadway park on John Street, taking away spaces from the residents.

Mr. Dallesandro said that Mr. Jones originally only wanted one parking space, but they were asked by the Board of Trustees to make two because they would be taking one space from the street. There will be a concrete curb around the driveway with a wheel stop at the end. The property drops off steeply into the rear yard. It was suggested that they park in the rear to satisfy some zoning requirements but they did not want to park in the rear; they wanted to stay within the character of the neighborhood.

Mr. Birgy asked if it is a one-family or a two-family house and the zone it is. Mr. Dallesandro said it is a one-family house and it is in a multi-family zone.

Mr. McGarvey asked if they were aware that they will be parking in the front yard setback. Mr. Dallesandro said yes and they are aware that they will have to go to the Zoning Board if they get Planning Board approval.

Ms. Raiselis asked if he only wanted one space, would he still be parking in the front yard setback. Mr. Dallesandro said the driveway would be the same length and he would still be in the front yard setback. Mr. Raiselis clarified that Mr. Jones is eliminating his spot on the street and putting it in his yard, so it’s nullified. Mr. McGarvey said one to one is no benefit to the Village, but removing one from the street and adding two off-street spaces is a benefit to the Village. Ms. Raiselis said but if he doesn't have two cars, its still only one car off the street. She clarified that it is Mr. Solomon’s fear that it will affect his back yard and it won't conform to the neighborhood.

Mark Fry said under law no one, not even the owner, is allowed to park in their curb cut space. He is in favor of allowing two off-street parking spaces because it is a net benefit for the neighborhood and the Village.

Chairman Friedlander said they will not be making a decision tonight because he wants to make a site visit so that he can fully understand the proposal.

Ms. Raiselis asked worst parking time on that street. Mr. Solomon said when the Music Hall has an event and Third Friday.

Mr. Dallesandro stated that they are not opposed to a stipulation that no more than two cars can park on the property; they were only asking for one, but the Board of Trustees said they needed two. There will be no more than one or two cars parking on the property.

NEW PUBLIC HEARING – Greystone - 612 South Broadway (lot 5)

Chairman Friedlander read the following Public Hearing notice:

Broadway on Hudson Estates LLC

15 Faulkner Lane

Dix Hills, NY 11746

For site plan approval for property located at 612 South Broadway, Tarrytown, New York for construction of a new single-family house on Lot 5 of the Greystone Subdivision. The property is located in an R60 (Single-Family Residence) Zone.

By Order of the Planning Board

Dale Bellantoni

Certified mailing receipts were received and the sign was posted.

The applicant, Andy Todd, introduced himself and explained that he is proposing to build a house on lot 5 of the Greystone Subdivision. The lot is in an R-60 zone and is 127,252 s.f. or 2.9 acres, which is double the minimum (60,000 s.f.) allowed. The building coverage allowed is 12% and this will be 8.6%. The allowable impervious surface is 17,700 s.f. and this lot will have 10,765 s.f., almost half of what exists now. It is a flat lot. Mr. Todd said the house and pool will be sited away from all trees so that only 14-16 trees will be taken down and over 100 planted and as far away from Tarryhill as possible to the northern most point before you hit steep slopes. It is an old Georgian style home with a slate roof, copper gutters and stone siding. The house itself will be 10,250 s.f.; with 9,168 s.f. on the first and second levels and 1,410 s.f. in the attic. The entrance is off the Carriage Trail and they are reusing the existing roadway.

Chairman Friedlander asked what lot is to the right of this lot. Mr. Todd said lot 6. Mr. Friedlander asked where will the house on lot 6 go? Mr. Todd said as far northeast as possible.

The house is just under 30' of median roof height; essentially it is a flat roof.

Mr. McGarvey said whatever area in the attic that is 7' or higher must be included in the FAR calculation; it's not shown in the calculations.

Mr. Todd said he will amend them to show the 1,400 s.f. in the attic.

Mr. Aukland asked if the entire site conforms with code and if the height and floor area are within the limits that we set in the subdivision.

Mr. Todd said yes.

Mr. Birgy asked if they have figured out how they are going to heat the house. Mr. Todd said they are planning on geothermal.

Mr. Tedesco moved, seconded by Mr. Aukland, to close the public hearing on lot 5; 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 action; all in favor. Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, to approve the site plan for lot 5 of Greystone-on-Hudson subject to the following conditions:

Approval by the Building Inspector/Village Engineer particularly in regard to the Stormwater/Drainage Plan. This plan is to include specific and detailed pre-construction, construction and post construction stormwater/drainage measures.
Approval of the Landscape and Screening Plan by the Village Landscape Consultant. Plantings should be native species or non-invasive ornamentals. This condition is also to be recorded in the homeowners’ deed.

If, during the implementation of the approved landscaping/screening plan, any amendments or changes are desired, such changes must be approved by the Planning Board.

A detailed Tree Protection and Tree Preservation Plan to be approved by the Village Landscape Consultant. This is to include compliance with the recommendation of the Village Landscape Consultant regarding tree removal and tree protection which are listed in her memo to the Planning Board dated January 11, 2013. A copy of that memo is attached to this approval.
If any trees designated to be preserved are damaged due to site work, and subsequently need to be removed, the Applicant will 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.
Prior to any CO being issued, there will be an inspection of the landscaping and screening provided on a given lot by the Planning Board and Village Landscape Consultant to verify that the approved plan was properly implemented.
The Applicant also agrees to perform any treatment and pruning of existing trees deemed necessary by the Village Landscape Consultant at a time the consultant deems most appropriate.
Adherence to the section of the Zoning Code dealing with the Tree Replacement Fund for the removal of any trees with a 10 inch caliper or greater

Alternative remediation elsewhere on the project site, as approved by the Village Landscape Consultant.

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.
A covenant will be placed in the homeowners' deed, in the miscellaneous document of the property that prohibits the use of phosphate fertilizers. Organic, non-phosphate, fertilizers may be used.
The architecture of the home is to be reviewed by the Planning Board and approved by the Architectural Review Board (ARB), if the front of the home is visible from a public street.
Payment of any outstanding recreation and escrow fees prior to the granting of a Building Permit.
Signing of the Final Site Plan by the Planning Board Chair.

NEW PUBLIC HEARING – Greystone - 612 South Broadway - Amendment to Approved Subdivision

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, January 28, 2013 at 7:00 p.m. at the Municipal Building, One Depot Plaza, Tarrytown, New York, to hear and consider an application by:

Broadway on Hudson Estates LLC

115 Faulkner Lane

Dix Hills, NY 11746

To amend the approved subdivision plan for the Greystone-on-Hudson subdivision for two small lot line changes in order to create less disturbance.

By Order of the Planning Board

Dale Bellantoni

Secretary

Mr. Todd explained that they are asking for a small lot line change in order to get as far away from Tarryhill without disturbing steep slopes and a second lot line change where the road will be moved by 5'-20' in order to avoid blasting because of all of the rock that was found. Mr. Todd said the lot line changes will decrease lot 6 by 428 s.f and lot 1 will be decreased by 3,785 s.f. It allows them to transition the pool in order to respect the neighbors and be as far way from Tarryhill as possible.

Mr. Tedesco moved, seconded by Mr. Aukland, to close the public hearing on the proposed lot line changes; all in favor. Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, that there will be no significant environmental impacts as a result of the proposed action; all in favor. Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, that the Planning Board approve an amendment to the subdivision approval for Greystone-on-Hudson allowing for:

A slight shift of the lot lines of lot 5 in order to move the pool to an area further away from neighbors which will create less disturbance to the Tarryhill community.
A slight shift of the road in order to create less disturbance by lot 8.

These changes are to be shown on the final site plan submitted for lot 5 and approved by the Building Inspector/Village Engineer.

PRELIMINARY PRESENTATION – Toll Brothers – 210 Wilson Park Drive (lot 5)

Adjourned at the applicant’s request.

PRELIMINARY PRESENTATION – Toll Brothers – 213 Wilson Park Drive (lot 14)

Adjourned at the applicant’s request.

PRELIMINARY PRESENTATION – Toll Brothers – 218 Wilson Park Drive (lot 7)

Adjourned at the applicant’s request.

PRELIMINARY PRESENTATION – Canfin Gallery – 39 Main Street

Leonard Brandes, Architect for the applicant, introduced himself and explained the proposed project. Mr. Canfin has recently purchased the property which is located on the corner of Main Street and North Washington Street. It is a three story brick building with a one story rear addition. The property also has a one story detached garage. The first floor of the building and the rear addition is used for Mr. Canfin’s art gallery and there are two apartments; one on each floor above. The building is non-conforming as follows:

Permitted Existing Proposed

Minimum lot size: 5,000 s.f. 3,381 s.f. 3,381 s.f.

Accessory building coverage: 50% 55% 65%

Minimum front yard: 15’ 9.76’ 9.76’

Minimum rear yard: 26’ .48’ & 47’ 10’

Maximum height (stories): 2.5 3 3

Minimum height (ft.): 25’ 30 30

Minimum floor area per dwelling: 0 800 800

They are proposing to remove the existing detached garage and construct a new three-car garage with one story retail above. This will allow for additional parking for the employees and the tenants in the apartments. They will be increasing the number of parking spaces from 7 to 11.

The existing utilities and street sign will be relocated. Originally they planned to remove and relocate the existing tree; however after consulting with an arborist, it has been determined that the existing tree is not hardy enough to be replanted. They will remove the existing tree and plant a new tree in the proposed new location. Mr. Brandes stated that they will not be removing the large utility pole in front of the property on North Washington Street because it would be much to expense to do so. He has designed the garage a little longer to allow for the pole. They have calls in to Con Edison to set up a meeting to discuss how they can fix the existing wires in the rear of the building.

Mr. Brandes said their goal is to provide more gallery and storage space while improving the general area of the building.

Mr. Aukland asked if they are going to paint the brick on the addition white like the existing building. Mr. Brandes said yes and the existing siding will be upgraded.

Ms. Raiselis asked since they will be increasing the space between the back of the building and the neighbor, what are they going to do in that space. Mr. Brandes said they will be doing some planting to form a buffer between the residence and their retail space. They will also be putting in an enclosed area for the garbage.

Mr. Aukland asked if they are proposing an access to the flat roof. Mr. Brandes said no.

Mr. McGarvey asked if he looked into sprinklers. Mr. Brandes said it is less than the requirement.

Mr. Birgy asked the width of the garage doors; and since the building is in the Historic Main Street district, did they consider a different design for the garage doors than the modern one proposed and perhaps add some decorative lights on the building between the garage doors. Mr. Brandes said the doors are 9’ wide and they could look into another design for the doors. He stated that there is a street light there which provides plenty of light but they would look into additional lights for the building. They just wanted to make it clean and simple.

Mr. Tedesco moved, seconded by Mr. Aukland, that the Planning Board declares their intent to be Lead Agency; all in favor. Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, to set a $2,500 escrow; all in favor. Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, to set a Public Hearing; all in favor. Motion carried.

PRELIMINARY PRESENTATION – Wildey Group, LLC – 124 Wildey Street

Adjourned at the applicant’s request.

PRELIMINARY PRESENTATION – Joseph Denardo – 8 Emerald Woods

James Annicchiarico of Cronin Engineering, representative for the applicant, introduced himself and stated that this lot was before the board about four year ago with another developer. The house that Mr. DeNardo is planning to build is similar to the house previously presented except that this house has a 3-car garage and a pool. He showed the location of lot 3 within the Emerald Wood subdivision. The house is compliant with all setback requirements. However, it does not comply with the 30’ height requirement; but no house on this lot can meet that requirement unless it is a one-story house. It does blend in with the rest of the houses in the neighborhood. He showed the board a streetscape of existing and proposed houses. He explained that lot 3 is at the peak of Emerald Woods Road and the street is about 5’ higher than the street in front of lot 4.

Ms. Raiselis asked how much it exceeds the 30’ requirement. Mr. Annicchiarico said almost 6’; it is 35’ 9”.

Ms. Raiselis asked how wide the house is. Mr. Annicchiarico said it is about 99’ wide which includes the bump out for the fireplace.

Ms. Raiselis asked if the house next to it is two-thirds or one-half the size of the proposed house. Mr. Annicchiarico said it appears a lot larger because the existing house has a two-car garage which is side loaded and the proposed house has a 3-car garage which is front loaded.

The Board and Mr. Annicchiarico discussed the elevations. Mr. Annicchiarico said the road elevation is 186, the house is 183, the garage is 182.5 and the basement walkout is 170. Chairman Friedlander said the house looks like it drops off more than 3’. Mr. Annicchiarico said it does drop off very quickly and it starts to drop at the front of the house. Chairman Friedlander said looking at the house from the street you are not seeing a looming house because most of the drop is in the rear of the house. He asked the depth of the house. Mr. Annicchiarico said it is 46' and they will have to bring in some fill in the front of the house. He said the front walk elevation will be at 182/182.5. There will be a step up onto the porch. Chairman Friedlander asked what's giving the house its height. Mr. Annicchiarico said it is because of the average grade. They have to go from the existing and the average is 171.5. There is no way they can comply.

Mr. Tedesco asked if they prepared a view from the Aqueduct. Mr. Annicchiarico showed the view that he prepared and explained that the elevation at the bottom of the detention basin is at 140, at the berm it is around the same as the Aqueduct path which is 150 and the pool will be at 167.5. Ms. Raiselis said it’s not quite a low as she originally thought and standing at the Aqueduct you will see the whole back elevation of the house, which is fine. Mr. Annicchiarico said the difference between the elevation of the Aqueduct and the basement is 20'.

Chairman Friedlander said that the drop on lot 2 is much steeper. Mr. Aukland asked if he could prepare an equivalent view from the Aqueduct.

Mr. Annicchiarico showed all of the elevation of the house.

Mr. Tedesco said at the staff meeting they said they thought all of the runoff from the asphalt driveway would be taken care of by a drainage system. He asked Mr. McGarvey if he agreed and Mr. McGarvey said that he did. Mr. Annicchiarico said he looked back at the drainage study for the subdivision. They had 6,500 s.f. per lot. He did an analysis of what is there now and what is proposed and it came out to 6,300 s.f. per lot.

Mr. Tedesco asked if the revised landscaping plan is done. Mr. Annicchiarico said they have included plantings between the two tiered walls and some screening behind and on the side of the pool.

Mr. Birgy asked if they planned to increase energy standards. Mr. DeNardo said they will be using foam insulation. Mr. Birgy asked what the rating will be. Mr. DeNardo said he did not know but would bring that information to the next meeting.

Chairman Friedlander asked the size of the pool, the height and the distance between the two walls and what they will be made of. Mr. Annicchiarico said the pool will be approximately 20' x 40'. The walls will be made of stone and will be 4' high with a distance of 8' between them.

Mr. Aukland asked beside the height, is the house conforming. Mr. Annicchiarico said yes.

Mr. Tedesco moved, seconded by Mr. Aukland, that the Planning Board declares their intent to be Lead Agency; all in favor. Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, to set a $2,500 escrow; all in favor. Motion carried.

Mr. Tedesco moved, seconded by Mr. Aukland, to set a Public Hearing; all in favor. Motion carried.

PRELIMINARY PRESENTATION – Crescent Associates, LLC – 155 White Plains Road

Don Walsh, representative for the applicant, introduced himself and explained that they received site plan approval from the Planning Board on July 23, 2007 for a period of five years. Said approval expired in July of 2012. He is requesting a renewal of the approval and a five-year extension.

Mr. Tedesco moved, seconded by Mr. Aukland, to set a Public Hearing for the renewal and extension of the prior approval for a new office building at 155 White Plains Road; all in favor. Motion carried.

ADJOURNMENT

Mr. Tedesco moved, seconded by Mr. Aukland that the meeting be adjourned and that the Planning Board go into an executive session to discuss a pending litigation; they will not be returning to the public session. All in favor; motion carried. Adjournment: 9:15 p.m.

Dale Bellantoni

Secretary