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Board of Trustees
Village of Tarrytown
Regular Meeting No. 12
October 1, 2007 8:00 p.m.
PRESENT: Deputy Mayor Basher presiding; Trustees Butler, Hoyt, McGee, McGovern, and Zollo; Village Administrator McCabe; Village Treasurer Hart; Chief of Police Brown; Recreation Supervisor Arduino; Village Attorney Shumejda; Village Clerk Booth
ABSENT: Mayor Fixell
The meeting began with the Pledge to the Flag.
PRESENTATION – PROCLAMATION TO THE TARRYTOWN VOLUNTEER AMBULANCE CORPS’ 40TH ANNIVERSARY
Deputy Mayor Basher presented the following proclamation to former TVAC Captain Alaric Young and TVAC Captain Michael Witkowski:
WHEREAS, In the late 1960’s, when local hospitals discontinued ambulance coverage, a group of Tarrytown businessmen organized the effort to start a local ambulance corps for the Village of Tarrytown, and in January 1967, the Tarrytown Volunteer Ambulance Corps responded on its first call to aid a resident; and
WHEREAS, TVAC was first headquartered in the basement of the Neighborhood House, where it operated one ambulance 24 hours a day, 7 days a week, and its members passed one of the first EMT classes offered in New York State; and
WHEREAS, Today, TVAC has its own headquarters on Franklin Street, operates two ambulances 24 hours a day 7 days a week, has 35 volunteer members trained in first aid and CPR, employs three Emergency Medical Technicians, has a Junior Corps of 15 trained members, and is a New York State certified ambulance corps; and
WHEREAS, TVAC provides, at no cost to the village, emergency medical care to the Village of Tarrytown, the New York State Thruway and the Tappan Zee Bridge, and mutual aid coverage to the Villages of Sleepy Hollow and Irvington; and
WHEREAS, TVAC responds to approximately 1,000 calls every year for a full range of medical and trauma emergencies, and also sets up First Aid stations at parades, school activities, street fairs, craft shows and other public gatherings.
Now, Therefore Be It Resolved That I, Drew Fixell, Mayor Of Tarrytown, New York, in recognition of making Tarrytown a better and safer place for 40 years, thank and commend the dedication of the Tarrytown Volunteer Ambulance Corps And Hereby Declare October 3, 2007 Tarrytown Volunteer Ambulance Corps Day In The Village Of Tarrytown.
Trustee Hoyt, an active member and former Captain of TVAC, stated that he has had the honor of working with both Mike Witkowski and Alaric Young for the past 6 or 7 years. He congratulated the new Captain Michael Witkowski and wished him a great year and thanked former Captain Alaric Young for a job well done.
REPORTS
Trustee McGee stated that there is a major restoration and reconstruction project going on right now at the library. The library plans to remain open during the project although some of the rooms are closed. The project includes restoring the “Green Room”, installing a new fire alarm system, installing a new HVAC system, a new water fountain, a handicap bathroom, and a new teen area. They anticipate this to be completed by January 2008. Please bear with them during this time and if you have any questions, any member of the staff will be happy to help you.
Trustee Hoyt stated that there are many fall activities scheduled for the Village. The first event will be held on Saturday, October 13th - Scarecrow making from 10:30 -1:00 p.m. at Patriot’s Park. Scarecrows will be made with the help of the community to
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decorate the inner Village. Bring some old clothes and plenty of enthusiasm. Please look on our website and the scroll for additional fall events to come.
Trustee Butler stated that the Village Board has appointed a Comprehensive Plan Committee to work with BFJ Planning to draft changes to the Zoning Code. Administrative changes are to include changes to the organization of the code, clarification of definitions and the clean up of confusing and inaccurate text. Substantial changes will be highlighted in the Village’s Comprehensive Master Plan. Trustee Butler introduced David Aukland, the Chair of this committee to further explain.
David Aukland, Chairman of the Comprehensive Committee, thanked the Board of Trustees for their support in round one of the zoning changes that have been made in order to bring reality to the Comprehensive Plan. The plan has 33 recommendations in it and the committee only addressed the first one. The next round is to update the Village’s Sub-Division and Zoning Code book. The changes will help the Village develop better products for everybody in the community. He thanked Melissa from BFJ Planning and stated he looks forward to continue to working with her and the other members. Deputy Mayor Basher thanked David Aukland and the other members of the committee on behalf of the Board of Trustees for their dedication and time. He also thanked Melissa of BFJ Planning for her
professional guidance. Trustee Butler also thanked this committee for all their hard work.
Trustee McGovern wished Anne Marie Basher a happy birthday.
Deputy Mayor Basher wished his wife, Anne Marie Basher a very happy birthday and reported on the following:
- The Village will be closed on Monday, October 8th in observance of Columbus Day and therefore there will be no garbage pickup.
- The New York State Police have announced the written examination for the position of New York State Trooper will be held in January and February 2008 in numerous locations throughout the state. Anyone interested in applying should contact the NY State Police at 1-866-697-7392 or www.NYTROOPER.com
PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO THE VILLAGE ZONING CODE WITH RESPECT TO FLOOR AREA RATIO (F.A.R.) (Adopted)
Deputy Mayor Basher asked Attorney Shumejda to summarize.
Attorney Shumejda stated that this is a refinement of the current Floor Area Ratio law by the Comprehensive Plan Committee along with our Planning Consultant. It is a limitation of the size of homes that can be built on individual lots. The Village has had a Floor Area Ratio law for years. This amendment has modified some of the definitions in the code, the percentages that you can build to and to figure the floor area ratio in a more simple and easier way to understand.
Trustee Hoyt moved, seconded by Trustee Butler and unanimously carried that the public hearing be opened.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 1st day of October 2007, at 8 PM, in the Municipal Building, 21 Wildey Street, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to the Code of the Village of Tarrytown by amending Article X entitled "Floor Area RatioCap" of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:
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A LOCAL LAW to amend Article X entitled "Floor Area Ratios Cap" of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village of Tarrytown enacted Article X of the Village Code in order to establish a maximum floor area ratio (FAR) for all homes in Tarrytown and this legislation was responsive to both the desire of residents to enlarge their homes and the need to preserve neighborhood character by requiring houses to be of the same or similar scale to others in the neighborhood. The intent of the Article was to ensure that new houses, expansions or alterations to existing houses have a consistent scale with nearby residences on both sides of the street. The Board of Trustees has found that since this legislation was enacted, residential construction which is inconsistent with the scale of existing homes in the community is still occurring.
B. Legislative Intent.
The Village Board of Trustees is proposing revisions to the Village’s floor area ratio (FAR) regulations. The purpose of these revisions is to tighten existing regulations that limit the square footage allowed for new construction and additions to existing homes on single-family lots, consistent with the recommendations of the Village’s recently adopted 2007 Comprehensive Plan and address the trend of tear downs and large additions that are out-of-scale with neighboring homes in Tarrytown's residential districts. The amendments are intended to protect the character of Tarrytown's neighborhoods, which affects the health, safety, welfare and quality of life in the Village.
Material to be deleted appears in [parenthesis], material to be added is in bold typeface.
SECTION 2. Amendment to Article X entitled "Floor Area Ratios Cap" of the Code of the Village of Tarrytown.
ARTICLE X
Floor Area Ratios Cap
[Added 12-15-2003 by L.L. No. 14-2003]
§305-105 Purpose and Applicability
The unique character or residential neighborhoods in Tarrytown rests on the diversity in the style and design of houses as well as the general uniformity in the scale of houses located on similarly sized lots in neighborhoods throughout the community. The recent trend of tearing down existing houses and replacing them with larger houses or building large additions to existing houses threatens the appearance of Tarrytown’s neighborhoods and impacts upon the health, safety, welfare and quality of life in Tarrytown.
This article establishes a maximum floor area ratio (FAR) for all single-family homes in both single-family and multifamily residence districts within the Village of Tarrytown. It responds to both the desire of residents to enlarge their homes to meet the needs of their families and to preserve neighborhood character by requiring houses to appear to be of the same or similar scale to others in the neighborhood. It is the intent of this article to encourage both new houses and expansions or alterations to exiting houses to have a [consistent] compatible scale with nearby residences on both sides of the street. The FAR provisions are intended to be applied together with the other provisions of the Village Code, including the provisions for lot coverage.
§305-106 Definitions
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Words used in this article shall have the meanings indicated in Chapter 305, Zoning, and, in addition thereto, the following terms shall have the meanings indicated:
DECK- An outdoor platform attached to the principal structure of a building and built above natural grade. A deck does not have a roof and is exposed to the elements.
GROSS RESIDENTIAL FLOOR AREA- The sum of the gross area of all floors of a residence, measured to the exterior of the outside walls. In calculating the gross floor area of houses for the purpose of calculating floor area ratio (FAR), all floor areas of each floor of all principal and all accessory structures on the lot shall be included, except for the portion which may be exempted as provided in §305-108.
FOUNDATION- The supporting substructure of a building or structure, including but not limited to basements, cellars, and basement garages, slabs, sills, posts or frost walls, inclusive of any windows.
HEIGHT, FLOOR-TO-CEILING- The distance between the finished floor and the finished ceiling of an interior space. The distance shall be equal to the length of a theoretical line drawn from the floor to a point of the highest portion of the ceiling directly above it and is perpendicular to the horizontal plane of the floor.
[OUT-OF-SCALE- With regard to a building or any part thereof, the condition of being or appearing to be disproportionately large, bulky, or massive relative to the other buildings in the surrounding neighborhood (particularly, but not limited to, the buildings on contiguous tax lots) and/or relative to the size of the tax lot upon which the building is situated; also, with regard to any one part of a building (or an addition to a preexisting building), the condition of being or appearing to be disproportionately large, bulky, or massive relative to any other part of the same building (or, in the case of an addition, relative to the preexisting building).; with regard to an accessory structure, the condition of being or appearing to be disproportionately large, bulky or massive relative to the principal structure, the
other buildings in the surrounding neighborhood, and/or the size of the tax lot upon which the accessory structure is situated.]
PORCH, ENCLOSED- A structure attached to a building, with a floor, roof, and structural supports, and permanently, seasonally, or temporarily enclosed with solid materials, such as glass or lexan (a clear, durable, hard plastic material). Screens, curtains, or latticework made of wire mesh, cloth, paper, strips of wood or metal, or other similar material shall not be considered “solid” for the purpose of this definition. A porch does not need to be heated or insulated to be considered “enclosed.”
PORCH, UNENCLOSED- A structure attached to a building which has a floor, a roof, and structural supports but not permanently, seasonally, or temporarily enclosed with solid materials, such as glass or lexan (a clear, durable, hard plastic material)
UNDERSIZED LOT- A lot that is smaller than the minimum lot size for a zone as specified in §305-9 of this Zoning Code.
§305-107 Maximum Floor Area [ratio.]
A. The maximum floor area permitted for houses within each of the Village’s single-family residential zoning districts shall be determined by the floor area shown in Table 1. Maximum residential floor area for any lot may not exceed the maximum residential floor area permitted in the zone in which it is located, as shown on Table 1. Lots that exceed the minimum lot size permitted in a zone, as specified in §305-9, are subject to the maximum square footage specified in Table 1, regardless of the size of the lot.
B. For lots that are smaller than the minimum lot size permitted in the zone, maximum floor area shall be determined by the floor area ratio (FAR) shown
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in Table 2. Where the lot size falls between the lots sizes specified in Table 2, applicable FAR shall be determined by rounding down the lot size to the nearest 1,000 square feet. Maximum square footage for undersized lots shall be determined by multiplying the lot size by the applicable FAR.
Table 1
Illustrative Table of Maximum Gross Floor Area
Zone Maximum Gross Floor Area
R-5 2,150 sf
R 7.5 2,925 sf
R10 3,500 sf
R-15 4,350 sf
R20 5,200 sf
R30 6,000 sf
R40 6,500 sf
R60 8,700 sf
R80 11,600 sf
[As illustrated herein as Table 1, the maximum permitted floor area ratio (FAR) for houses shall be as follows:]
[A. Lots of 4,999 square feet or less shall have a maximum FAR of 0.43 maximum floor area ratio = 0.43].]
[B. Lots between 5,000 square feet and 9,999 square feet shall have a maximum FAR of 0.43, minus 0.016 for every 1,000 square feet or part thereof in excess of 5,000 square feet [maximum floor area ratio = 0.43 - ((lot size - 5,000) ÷ 1,000) x 0.016].]
[C. Lots between 10,000 square feet and 14,999 square feet shall have a maximum FAR of 0.35, minus 0.012 for every 1,000 square feet or part thereof in excess of 10,000 square feet [maximum floor area ratio = 0.35 - ((lot size - 10,000) ÷ 1,000) x 0.012].]
[D. Lots between 15,000 square feet and 29,999 square feet shall have a maximum FAR of 0.29, minus 0.006 for every 1,000 square feet or part thereof in excess of 15,000 square feet [maximum floor area ratio = 0.29 - ((lot size - 15,000) ÷ 1,000) x 0.006].]
[E. Lots between 30,000 square feet and 34,999 square feet shall have a maximum FAR of 0.20, minus 0.0045 for every 1,000 square feet or part thereof in excess of 30,000 square feet [maximum floor area ratio = 0.20 - ((lot size - 30,000) ÷ 1,000) x .0045].]
[F. Lots between 35,000 square feet and 39,999 square feet shall have a maximum FAR of 0.1775, minus 0.003 for every 1,000 square feet or part thereof in excess of 35,000 square feet [maximum floor area ratio = 0.1775 - ((lot size - 35,000) ÷ 1,000) x .003].]
[G. Lots between 40,000 square feet and 44,999 square feet shall have a maximum FAR of 0.1625, minus 0.002 for every 1,000 square feet or part thereof in excess of 40,000 square feet [maximum floor area ratio = 0.1625 - ((lot size - 40,000) ÷ 1,000) x .002].]
[H. Lots between 45,000 square feet and 49,999 square feet shall have a maximum FAR of 0.1525, minus 0.0015 or part thereof for every 1,000 square feet or part thereof in excess of 45,000 square feet [maximum floor area ratio = 0.1525 - ((lot size - 45,000) ÷ 1,000) x .0015].]
[I. Lots between 50,000 square feet and 76,230 square feet shall have a maximum FAR of 0.1450 [maximum floor area ratio = 0.1450].]
[J. Any house which exceeds 15,000 square feet of gross residential floor area shall be required to obtain a special permit from the Zoning Board of Appeals.]
[Table 1]
[Illustrative Table of Maximum Floor Area Ratio (FAR)]
[Resulting Gross]
Table 2
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Illustrative Table of Floor Area Ratio (FAR) and
Maximum Gross Floor Area for Undersized Lots
Lot Size (sf) FAR Max. Gross Floor Area (sf)
3,000 0.4300 1,290
4,000 0.4300 1,720
5,000 0.4300 2,150
6,000 0.4140 2,484
7,000 0.3980 2,786
7,500 0.3900 2,925
8,000 0.3820 3,056
9,000 0.3660 3,294
10,000 0.3500 3,500
11,000 0.3380 3,718
12,000 0.3260 3,912
13,000 0.3140 4,082
14,000 0.3020 4,228
15,000 0.2900 4,350
16,000 0.2840 4,544
17,000 0.2780 4,726
18,000 0.2720 4,896
19,000 0.2660 5,054
20,000 0.2600 5,200
21,000 0.2540 5,334
22,000 0.2480 5,456
23,000 0.2420 5,566
24,000 0.2360 5,664
25,000 0.2300 5,750
26,000 0.2240 5,824
27,000 0.2180 5,886
28,000 0.2120 5,936
29,000 0.2060 5,974
30,000 0.2000 6,000
31,000 0.1955 6,061
32,000 0.1910 6,112
33,000 0.1865 6,155
34,000 0.1820 6,188
35,000 0.1775 6,213
36,000 0.1745 6,282
37,000 0.1715 6,346
38,000 0.1685 6,403
39,000 0.1655 6,455
40,000 0.1625 6,500
41000 0.1605 6,581
42,000 0.1585 6,657
43,000 0.1565 6,730
44,000 0.1545 6,798
45,000 0.1525 6,863
46,000 0.1510 6,946
47,000 0.1495 7,027
48,000 0.1480 7,104
49,000 0.1465 7,179
50,000 0.1450 7,250
51,000 0.1450 7,395
52,000 0.1450 7,540
53,000 0.1450 7,685
54,000 0.1450 7,830
55,000 0.1450 7,975
56,000 0.1450 8,120
57,000 0.1450 8,265
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58,000 0.1450 8,410
59,000 0.1450 6,555
60,000 0.1450 8,700
61,000 0.1450 8,845
62,000 0.1450 8,990
63,000 0.1450 9,135
64,000 0.1450 9,280
65,000 0.1450 9,425
66,000 0.1450 9,570
67,000 0.1450 9,715
68,000 0.1450 9,860
69,000 0.1450 10,005
70,000 0.1450 10,150
71,000 0.1450 10,295
72,000 0.1450 10,440
73,000 0.1450 10,585
74,000 0.1450 10,730
75,000 0.1450 10,875
76,000 0.1450 11,020
76,230 0.1450 11,053
76,231+None None1
1 Houses which exceed 15,000 square feet in size shall be required to obtain a special permit from the Zoning Board of Appeals.
§305-108 [Exemptions from the calculation of] Additional provisions for calculation of floor area.
A. Decks, patios, unenclosed porches and porticoes.
(1) All space in unroofed structures such as decks and patios shall be excluded from the calculation of FAR.
(2) All space in unenclosed porches and porticoes shall be excluded from the calculation of FAR. For the purpose of FAR calculation, “unenclosed” shall mean those porches or porticoes that are open and not permanently, seasonally, or temporarily enclosed.
B. Basements, cellars and basement garages. The percentage of a basement, cellar, or basement garage square footage that is included in the calculation of FAR shall be equal to the percent of the foundation with more than three feet of exposed foundation above pre-development grade. This percentage shall be calculated by dividing the lineal footage of the foundation that is above three feet in height by the total lineal footage of the circumference of the foundation. [That portion of the floor area of the basement, cellar, or basement garage where the exposed exterior wall or walls facing the front yard is less than three feet shall be excluded from the calculation of FAR. All the remaining portions of the floor area of basements, cellars
or basement garages, where the height of the exterior exposed wall or walls facing the front yard is three feet or more, shall be included in FAR.]
C. Attics and space under a sloping roof.
(1) All unfinished or finished space in an attic or under a sloping roof that is seven feet or higher, as measured from the floor of the attic (or floor of the space under a sloping roof) to the underside of the roof structure, [which has no dormers facing the front, side or rear yards, or which has dormers or dormered porticoes that do not exceed the following dimensions,]shall be [excluded from] included in the calculation of FAR.
[(a) For dormers facing the front or side yards, where the exterior width of such dormers does not exceed 30% of the exterior linear width of the roof upon which they are situated, the exterior linear width of the roof shall be measured from end to end at the widest point of the roof.]
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[(b) For each of those dormers which face the rear yard, the distance between the side walls of the underlying story and the side wall of the dormer is greater than five feet.]
[(2) Where the dimensions of one or more dormers exceed one or both of the standards under 305-108C(1) above, the total area in the attic or under the sloping roof shall be included in calculation of FAR, except as provided for in 305-108C(3) below.]
[(3) The portion of unfinished or finished space in an attic or under a sloping roof where the distance between the floor and ceiling is less than four feet shall be excluded from the calculation of FAR.]
D. Garages.
(1) One half of the total floor area contained within a garage, either detached or attached to the principal structure will be included in the calculation of FAR. [On lots measuring 9,999 square feet or less, the lesser of 250 square feet or the total floor area contained within one-story garages, either detached or attached to the principal structure, shall be excluded from the calculation of FAR. On lots measuring 10,000 square feet or more, the lesser of 400 square feet or the total floor area contained within one-story garages, either detached or attached to the principal structure, shall be excluded from the calculation of FAR. In those instances where an additional story is provided above a garage, whether detached or attached, such floor area or the garage
floor area, up to the limits set forth herein as defined by lot size, shall be excluded from the calculation of FAR. For the purposes of this subsection, attic space or area under a sloped roof shall not be construed to be an additional story unless it meets the criteria of 305-108C(2) above.]
(2) Notwithstanding the above, this section shall not apply to basement garages.
E. Sheds. Outdoor sheds that are less than 100 square feet (10 x 10) shall be excluded from the calculation of FAR.
(§305-109 Side yard setback FAR bonus.)
A. [For each additional foot that a house is set back beyond the minimum required side yard setback, an additional 100 square feet of floor area above the maximum permitted FAR on that lot as per §305-107 shall be permitted, provided that:)]
(1) [In the case of additions to existing homes, the additional or bonus floor area is added to the rear of the existing house; and]
(2) [Such an addition complies with the maximum height, maximum lot coverage, and minimum setback requirements of the Tarrytown Zoning Code.]
B. [The maximum bonus shall be 400 square feet for lots located in the R-5, R-7.5 and R-10 zones, 700 square feet for lots located in the R-15, R-20 and R-30 zones, and 1,200 square feet fro lots located in the R-40, R-60 and R-80 zones.]
§305-[110] 109 Procedures for floor area ratio review of houses.
A. Building permit review. Upon receipt of a building permit application for a house, the Building Department shall determine whether granting the building permit would result in a building FAR in excess of the maximum FAR prescribed under §305-107.
B. Houses [at or below] above the maximum FAR. Applications for building permits for residences whose total floor area exceeds the maximum permitted FAR shall be required to seek an area variance from the Zoning Board of Appeals in accordance with §305-51 of the Tarrytown Zoning Code. The Zoning Board of Appeals may, at its discretion, refer the application to the Board of Architectural Review for an advisory opinion. Any application for an area variance for FAR for a residence shall require the submission of the following additional materials, [if available,] in addition to those required for the building permit and those required
under §305-54 of the Tarrytown Zoning Code:
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(1) Elevations of the houses on both sides of the subject house;
(2) Photographs of neighboring houses, structures, and yards within 200 feet on either side of the subject house; and
(3) Floor area ratios of neighboring houses on similarly sized lots within 200 feet on either side of the subject house.
(4) The applicant shall also provide written or verbal testimony addressing the proofs required for area variances.
§305-[111] 110 Effective date; effect on current applications.
Not withstanding the effective date of this article, any application that has obtained site plan approval, a wetlands permit, SEQRA Findings approved by the Planning Board or cluster subdivision approval from the Planning Board, an area variance from the Zoning Board of Appeals, and/or final approval from the Board of Architectural Review as of [December 15, 2003] October 1, 2007 shall not be subject to this article.
SECTION 3. EFFECTIVE DATE
This local law shall take effect immediately, as provided by law.
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; a request must be made to the Village Clerk at least five days in advance of the meeting.
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF TARRYTOWN
Deputy Mayor Basher questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried that the public hearing be closed.
Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried that the following local law be adopted: Approved: 6-0
WHEREAS, the Proposed Action is an Unlisted action pursuant to the State Environmental Quality Review Law, and
WHEREAS, an Environmental Assessment Form [EAF] was filed and,
WHEREAS, a notice of public hearing was published in the Journal News on
September 20, 2007, and
WHEREAS, notice pursuant to provisions of Section 239 L, M and N of the General Municipal Law, Section 277.61 of the County Administrative Code and the New York State Village Law was given, and
WHEREAS, public hearing was held for the proposed action on October 1, 2007, and
WHEREAS, the Board of Trustees of the Village of Tarrytown is the only agency which has approval authority over the Proposed Action, and is therefore the Lead Agency for the Proposed Action
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. In accordance with Article 8 of the State Environmental Conservation Law and 6NYCRR Part 617, including without limitations the criteria set forth in 6 NYCRR Part 617.7(c) and based upon review of the Environmental Assessment Form
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and all other materials that were prepared for the Proposed Action, the Village Board of Trustees hereby determines that Proposed Action will not have a significant adverse impact on the environment, and hereby adopts a Negative Declaration.
NOW THEREFORE BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 10 of 2007.
PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO THE VILLAGE ZONING CODE WITH RESPECT TO IMPERVIOUS SURFACE COVERAGE (Adopted)
Trustee Zollo moved, seconded by Trustee Hoyt and unanimously carried that the public hearing be opened.
Deputy Mayor Basher asked Attorney Shumejda to summarize.
Attorney Shumejda stated that this proposal also came from the Comprehensive Plan Committee along with our Planning Consultant. The Village of Tarrytown does not currently have an impervious surface law. This impervious surface law will help prevent flooding and runoff from lots in the Village.
Melissa Kaplan-Macey, BFJ Planning Consultant, stated that the Village of Tarrytown does not currently have regulation to govern impervious surface coverage on single family residential lots. This adds to the Zoning Schedules for single family residential districts a maximum impervious surface coverage on lots in the different single family residential zones in the Village of Tarrytown. There’s a percentage now associated with each of these zones in the village. In addition to doing that this adds some definitions to the code explaining what impervious surface coverage means. It helps the Village control storm water management and runoff and trying to get things to percolate into the ground naturally rather than to have retention bases.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 1st day of October, 2007, at 8 PM, in the Municipal Building, 21 Wildey Street, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to the Code of the Village of Tarrytown by amending the Zoning Schedule for Single Family Residence Districts and § 305-63 "Definitions and Word Usage" of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:
A LOCAL LAW to amend the Code of the Village of Tarrytown by amending Zoning Schedule for Single Family Residence Districts and § 305-63 "Definitions and Word Usage" of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village of has found that there is a need to insure that residential property in the Village contains enough pervious surfaces to permit natural runoff to percolate into the ground.
B. Legislative Intent.
It is the intent of the Village Board of Trustees to mandate maximum impervious surface coverage limits on residential lots in order to insure that said lots contain enough pervious surfaces to permit natural runoff to percolate into the ground. The amendments are intended to protect the health, safety, welfare and quality of life in the Village which would otherwise be detrimentally affected if development in the Village continues unabated with pervious surfaces being covered by structures or paved surfaces and otherwise natural runoff being forced to flow onto environmentally
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sensitive areas or poor drainage areas leading to flooding, etc. The clarification of related definitions is intended to eliminate confusing language and to define terms in a manner that is easy to interpret and understand.
Material to be deleted appears in underline , material to be added is in bold typeface.
SECTION 2. Amendment to Zoning Schedule for Single Family Residence Districts
Zoning Schedule for Single Family Residence Districts
10A
Maximum Impervious Surface Coverage 7
R-80 16.75%
R-60 19.25%
R-40 21.75%
R-30 25%
R-20 29%
R-15 33.50%
R-10 37.25%
R-7.5 40.75%
R-5 43.75%
Notes:
7 Impervious coverage is the sum of the area of coverage or footprint of all buildings, structures, paved areas, patios or other improved surfaces on a lot preventing natural runoff to percolate into the ground. Calculation of total impervious surface area on a site shall be based upon the gross lot area, not the net developable area on a site. Legal definitions of gross lot area, pervious surface and impervious surface are provided in §305-63 of this code.
(No further changes to Section)
SECTION 3. Amendment to § 305-63 "Definitions and Word Usage" of the Code of the Village of Tarrytown.
§305-63 Definitions and Word Usage
GROSS LOT AREA- The gross area within the lot lines of a lot including any environmentally sensitive areas such as steep slopes or wetlands, and excluding any public right-of-ways.
PERVIOUS SURFACE- The sum of the gross lot area, which allows natural runoff to percolate into the ground, measured in square feet. Areas paved with gravel, crushed stone or other pervious materials shall be considered pervious surfaces as long as they are not located above an impervious surface.
IMPERVIOUS SURFACE- The sum of the area of coverage or footprint of all buildings, structures, paved areas, patios, and other improved surfaces on a lot preventing natural runoff to percolate into the ground, measured in square feet. Areas paved with gravel, crushed stone and other pervious materials shall not be considered impervious. Open wood decks with spacing between floorboards shall also not be considered impervious if they are located above a pervious surface.
Board of Trustees -12- October 1, 2007
Calculation of the total impervious surface area on a site shall be based upon the gross lot area, not the net developable area on a site.
(No further changes to Section)
SECTION 4. EFFECTIVE DATE
This local law shall take effect immediately, as provided by law.
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; a request must be made to the Village Clerk at least five days in advance of the meeting.
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF TARRYTOWN
Deputy Mayor Basher questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried that the public hearing be closed.
WHEREAS, the Proposed Action is an Unlisted action pursuant to the State Environmental Quality Review Law, and
WHEREAS, an Environmental Assessment Form [EAF] was filed and,
WHEREAS, a notice of public hearing was published in the Journal News on
September 20, 2007, and
WHEREAS, notice pursuant to provisions of Section 239 L, M and N of the General Municipal Law, Section 277.61 of the County Administrative Code and the New York State Village Law was given, and
WHEREAS, public hearing was held for the proposed action on October 1, 2007, and
WHEREAS, the Board of Trustees of the Village of Tarrytown is the only agency which has approval authority over the Proposed Action, and is therefore the Lead Agency for the Proposed Action
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. In accordance with Article 8 of the State Environmental Conservation Law and 6NYCRR Part 617, including without limitations the criteria set forth in 6 NYCRR Part 617.7(c) and based upon review of the Environmental Assessment Form and all other materials that were prepared for the Proposed Action, the Village Board of Trustees hereby determines that Proposed Action will not have a significant adverse impact on the environment, and hereby adopts a Negative Declaration.
NOW THEREFORE BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No.11 of 2007.
Trustee Butler moved, seconded by Trustee McGee, and unanimously carried that the following local law be adopted: Approved: 6-0
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON: THEN 3 MINUTES FOR ADDITONAL COMMENTS
Board of Trustees -13- October 1, 2007
Deputy Mayor Basher questioned whether anyone wished to address the Board on any matter. No one appeared.
CONSIDERATION OF A RESOLUTION APPROVING PARKING CHANGES ON KALDENBERG PLACE
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves parking changes on Kaldenberg Place as follows:
Material to be deleted is set forth in parenthesis ( ).
Section 291-92. Schedule XXVII: Handicapped Parking Spaces
In accordance with the provisions of 291-62, the following described streets, driveways, parking lots and auto parks or parts of streets, driveways, parking lots and auto parks are hereby designated as handicapped parking spaces and are designated for use by persons with handicapped parking permits:
Name of Street, etc. Side Location
(Kaldenberg Place) (West) (1; From a point 46 feet south of Central Avenue 20 feet in a southerly direction; time limit as provided in §287-2C of this Code)
([Added 7-21-1997])
RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown approves the following Fire Department personnel changes recommended at the September 18, 2007 Board of Fire Wardens meeting: New Driver: Chris McNally was approved as a driver on the Hope Hose Fire Company apparatus.
APPROVAL OF A CONTRACT REGARDING THE HISTORIC DESIGNATION OF CERTAIN BUILDINGS AT MARYMOUNT COLLEGE/FORDHAM UNIVERSITY
Trustee McGee moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves a contract with TKS Historic Resources of Babylon, New York in the amount of $2,625 to study and document the appropriateness of the designation as historic landmark of three structures at Marymount College campus: Butler Hall, Gerard Hall and the Science Building.
APPROVAL OF RETAINING LAW FIRM TO CHALLENGE VILLAGE OF SLEEPY HOLLOW SEQRA FINDINGS
Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby
Board of Trustees -14- October 1, 2007
authorizes the law firm of Silverberg and Zalantis LLP to commence action on behalf of the Village of Tarrytown and Village of Tarrytown Board of Trustees challenging the SEQRA Findings approved by the Village of Sleepy Hollow Board of Trustees for Lighthouse Landing.
CONSIDERATION OF A RESOLUTION AUTHORIZING AN APPRAISAL
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes Balog Consultants to conduct an appraisal on certain waterfront properties up to and not to exceed $6,750.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 17, 2007
Trustee Zollo moved, seconded by Trustee McGee, that the following be approved. Motion carried, all voting “aye” with exception of Trustees Basher and McGovern who abstained. Approved: 4-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the regular meeting of the Board of Trustees held on September 17, 2007 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS #6
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried that the following resolution be approved:
RESOLVED: The following Abstract bearing No. 6, dated October 1, 2007 containing Vouchers No. 001349 through No. 001490 is hereby ordered paid in the
following amounts as presented:
General $ 245,138.34
Water 23,061.50
Capital 36,383.00
Library 11,363.88
Trust & Agency 173,939.73
Total $ 489,886.45
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001466 and 001467 and Trustee Hoyt who abstained from Voucher Number 001450. Motion carried 6-0.
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried, that the meeting be adjourned at 8:30 p.m.
Carol A. Booth
Village Clerk
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