Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
December 8, 2008
PRESENT: Members Maloney, Jolly, Brown; Counsel Shumejda; Building Inspector/
Engineer McGarvey; Secretaries Bellantoni, D’Eufemia
ABSENT: Chairwoman Lawrence; Member Merrill-Verma
Mr. Maloney chaired the meeting in Ms. Lawrence’s absence.
It was noted for the record that the November meeting of the Zoning Board of Appeals was cancelled due to a police emergency in the area around Village Hall. Applicants were all notified and postings were done advising that the hearings scheduled for November 10th would be held on December 8th.
APPROVAL OF THE MINUTES
Mr. Maloney moved, seconded by Ms. Brown, and unanimously carried, that the minutes of October 14, 2008, be approved as submitted.
PUBLIC HEARING – RAND TARRYTOWN – 54 NORTH BROADWAY - Minutes not approved due to pending violations on property.
Mrs. Bellantoni read the following Notice of Public Hearing:
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of Tarrytown will hold a public hearing at 8:00 p.m. on Monday, November 10, 2008 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Rand Tarrytown, LLC
54 North Broadway
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at the above address regarding a reduction in the required number of parking spaces from eleven to nine. (Section 305-19)
Documents are available for inspection in the Planning and Zoning Office at Tarrytown Village Hall. The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 8, Block 25, Lot 6 and is located in an RR (Restricted Retail) zone.
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.
Mrs. Bellantoni noted the certified mailing receipts were submitted and the sign was posted. Board members visited the property.
Mr. Maloney stated all Planning Board minutes from 2007 and 2008 relative to this property are hereby incorporated into the record of tonight’s ZBA public hearing.
PUBLIC HEARING – CRESCENT ASSOCIATES – 153-155 WHITE PLAINS ROAD
Mrs. Bellantoni read the following Notice of Public Hearing:
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of Tarrytown will hold a public hearing at 8:00 p.m. on Monday, November 10, 2008 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Crescent Associates
155 White Plains Road
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at the above address regarding a two-lot subdivision requiring the following variances:
1. Lot 1:
(a) Minimum lot area required is 435,600 s.f. & 280,738 s.f. is provided. (§305-9.B.2)
(b) Maximum building coverage permitted is 12% of buildable site area and 15.5% of buildable site area is provided. (§305-9.B.2 and §305-27.B.1.L)
(c) Maximum site coverage required is 45% of buildable site area and 58.9% of buildable site area is provided. (§305-9.B.2 and §305-27.B.1.L)
2. Lot 2:
(a) Minimum lot area required is 435,600 s.f. and 271,238 s.f. is provided. (§305-9.B.2)
(b) Rear yard building setback required is 30’ and 19.8’ provided. (§305-9.B.2 and §305-14.B)
(c) Minimum building/paved area setback to public street right-of-way 100’ required and 40’ provided (§305-9.B.2 and §305-27.A.4)
(d) Minimum building/paved area setback to residential zoning district 50’ required and 43.1’ provided. (§305-9.B.2 and §305-27.A.4)
(e) 4 loading spaces required and 1 is provided. (§305-19F)
Documents are available for inspection in the Planning and Zoning Office at Tarrytown Village Hall. The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 2, Block 20, Lot 2-2 and is located in an OB (Office Building) zone.
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.
Ms. Bellantoni noted the certified mailing receipts were submitted and the signs posted.
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Mr. Maloney stated the July 28, 2008, August 25, 2008, and September 22, 2008, minutes of the Planning Board relative to this application are hereby incorporated as part of the record of tonight’s ZBA hearing.
Mr. Don Walsh, Project Director, stated this project is on Route 119 just west of the new Village firehouse in Tarrytown. The project had its genesis around 2001. They had the ability to build, without variances, a second 60,000 sq. ft. office building in the rear. Around 2002 the Village expressed interest in building a firehouse in the area. Mr. Silverman was willing to give the land as long as he could still build a 60,000 sq. ft. building, to which the Village agreed. In the course of discussions with the neighbors, it was determined the best location for the new building was into the buffer in the back. At that time they came to the ZBA requesting variances to move it where the Planning Board recommended. There was no interest at that time in subdividing. They have now requested
subdivision because the prospective tenant is the Jewish Community Center. The portion of the building they would occupy would come off the tax rolls, but the building they are in now would go back on the tax rolls. There would be two easements for this building. The problem they have is that their construction loan covers the entire piece. The lenders have agreed if there is a subdivision, there can be a second construction loan. The Planning Board has approved this administrative subdivision subject to the ZBA approving the variances.
Mr. Richard Williams, Project Engineer with Insite Engineering, reviewed the requested variances with the Board. The variances are area variances resulting from this subdivision line being drawn.
Mr. Walsh noted the variance for the loading spaces was requested – and is one of the variances previously approved by the Board – because Mr. Silverman’s tenants are generally in the medical profession and they do not need loading zones. This allowed less paving, which is why this variance was previously approved.
Mr. Walsh stated they agreed to allow an emergency access through their property to Martling Avenue so fire trucks could cut through their site and have quick access to Martling Avenue. There will be an electronically controlled gate.
Mr. McGarvey stated Mr. Silverman will own both the lots. In the future someone may want to split them up. He questioned whether there is a permanent easement from the front to rear lot. Mr. Walsh stated there is and anyone buying it would be subject to that. It is an easement and an agreement that would flow in favor of the Village. The fire department would always have that easement.
Ms. Brown questioned whether the division of the two lots would open the opportunity for the second lot to be further built out. Mr. Walsh stated it couldn’t; this is the maximum that can be done.
Mr. Maloney questioned whether anyone wished to address the Board on this matter. No one appeared.
The Board reported receipt of the following memo dated November 10, 2008, from Michael Blau, Environmental Review Officer:
“Crescent Associates – 155 White Plains Road - I have reviewed this application for area variances resulting from a subdivision of the property. The Planning Board reviewed this matter in detail and a determination was made that the subdivision resulted in no significant adverse environmental impact. Since the proposed variances do not in any way change the approved site plan, I have determined the variances appear to pose no significant adverse environmental impact. Should the Board agree, you may make a negative declaration under SEQRA.”
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the Board determines there will be no significant adverse environmental impact as a result of granting the requested variances.
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the hearing be closed and the Board having arrived at the findings required by the ordinance:
1. That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the neighborhood
2. That the proposed variance will not create an undesirable change to the neighborhood or detriment to the neighborhood
3. That the benefit the applicant seeks to achieve cannot be achieved by any other feasible method
4. That the variance is not substantial in the Board’s judgment
5. That the variance would not have an adverse environmental impact on the neighborhood
6. That the variance is the minimum one deemed necessary and will preserve and protect the character of the neighborhood and the health, safety and welfare of the community
grants the requested variances.
MEETING ADJOURNED 8:40 p.m.
Dale Bellantoni
Secretary
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