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                    <text>A Regular Meeting of the Planning Board was held on Thursday,
August 9, 1990, at 8:00 PM in Village Hall, North Tarrytown, New
York.
Present:

James Galgano, Acting Chairman
Richard Ayers
Alan Kaplan
Steven Baderian
Roman Windas

Also Present: John Hughes, Village Attorney
James Margotta, Building Inspector
Joseph Gulino, Consultant. Camce
Thomas Gissen, Consultant, Clarke Asso.
A motion to approve the July 19, 1990 minutes as written was made
by Alan Kaplan and seconded by Richard Ayers.
IN THE MATTER OF THE KRINGAS SUB-DIVISION. (WEBBER MEWS) . NORTH
TARRYTOWN. N. Y.
Mr. Ron Turnquist, architect for the project appeared before the
Board. He stated that he addressed the Board last October with
a larger scaled project, but has decreased the size to 4 units.
There is an existing building on Parcel B with 5 units. Proposed
project will have 4 units, Unit A &amp; D, will have 3 bedrooms, and
Units B &amp; C will have 2 bedrooms apiece. Mr. Kringas' children
will be living in two of the units, and the other two units will
be for sale. Mr. Turnquist stated that Parcel A would meet all
the present Zoning requirements. He also stated the the proposed
plan was submitted to the Mayor and Board of Trustees and they
approved the plans. He also noted that the present building does
not conform to Zoning Code which permits single family dwellings,
and that they will require three variances. There were questions concerning the existing trees on the property, and Mr.
Turnquist stated the would preserve as many as they could.
Discussion tabled until next meeting of the Board.
PUBLIC HEARING:
Mr. Philip Zegarilli, president of the Briggsville Neighborhood
Association, addressed the Board, wanted to go on record as opposing the proposed project. He also requested copies of any new
plans that were submitted, so that the association may review
them.

IN THE MATTER OF THE SLEEPY HOLLOW CEMETERY. NORTH TARRYTOWN. NEW
YORK
This is a continuation of last month's hearing.
15

�Mr. Larry Nardeccia appeared before the Board on behalf of the
Sleepy Hollow Cemetery and reviewed the project. He presented a
letter from Deputy Commissioner Eschwielder, of the Westchester
County of planning, with comments that they would like to see a
buffer zone required, however the cemetery renovation was a matter of local determination. He also presented letters from the
New York state Department of Transportation and the New York
State Department of Environmental Conservation.
The DEC letter
stated that 2 items were requested. A permit would be required
for piping. The letter further stated that it was not a designated wetlands. A short form EAF form was completed, the full
Environmental Assessment has been completed for parts 1, 2 and 3.
Under the village's local law for Wetland/Watercourse protection,
Sleepy Hollow Cemetery must submit an application to receive a
permit from the Planning Board in order to be inMfull compliance
with the terms of this local law".
Mr. Nardeccia stated that
every time he asked for an application for a permit, he was told
there wasn't a formal application. Mr. Windas suggestion that a
formal application be submitted by following Section 61-10 of the
Wetlands/Watercourse Code, articles 1 thru 6 a-k.
It was further discussed that under the Village's local law,
this application must be treated as a Type I action, under the
requirements of the New York State Environmental Quality Review
Act.
This will require that the procedures of a coordinated
review be followed. This requires that the Planning Board declare
its intention to become lead agency, that a notice of this intention be sent to all involved agencies and that a waiting period
for responses from other involved agencies be adhered to.
A motion was made by Richard
ning Board act as the lead
process and to notify other
was seconded by Alan Kaplan.

Ayers that the North Tarrytown Planagency in the environmental review
involved agencies of same. Motion
Motion passed unanimously.

There being no further business, meeting adjourned 9:20 PM.
Respectfully submitted,
//

Francesca Lorenz
Recording Secretary

16

�X

^u^c&lt;^C^ *y

Approved
pproved with respect to substance and form:
iJflLage Attorney
Vi:
Dated: P-/3 - ?'

Approved by the Planning Board
Chairman or Acting Chairma

Filed with Deputy Clerk
ur Deputy Clerk
Dated: fr/f o / &lt;j

C1«JL)L

i

/

?//

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                    <text>A regular meeting of the Planning Board was held on Thursday,
October 18, 1990 at 8:25 PM in Village Hall, North Tarrytown, New
York.
Members Present:

Also Present:

Ellen Tsangaris, Chairperson
Allan Kaplan
James Galgano
Richard Ayers
Ray Windas
John O'Leary
James Margotta,
John J. Hughes,
Joseph Gulino,
Thomas Gissen,

Building Inspector
Village Attorney
Consultant/CAMCE
Consultant/F.P. CLARK ASSOC.

A motion to approve the August 9, 1990 minutes as written was
made by John O'Leary and the motion was seconded by Richard Ayers
and was passed unanimously.

IN THE MATTER OF SABASTIAN AMENTA, 23 9 NORTH BROADWAY. NORTH
TARRYTOWN. NEW YORK.
Mr. Amenta has requested a six month extension of the resolution
of site plan approval which was granted by the Planning Board
eighteen months ago.
A motion was made by Richard Ayers to grant the approval for the
extension of the resolution for a six (6) month period, ending
April 18, 1991. The motion was seconded by John O'Leary and
passed unanimously by the board.

IN THE MATTER OF LEONARD RUTILGAN LESSEE OF 9 7 COLLEGE AVENUE.
NORTH TARRYTOWN. NEW YORK AND OWNED BY TORRES AND SON
CONTRACTORS. INC.. 17 SCHUDY PLACE. NEW ROCHELLE. NEW YORK.
A Public Hearing was held by the Planning Board to hear and
consider an application of Leonard Rutilgan as above, for final
site approval plans to convert the existing storage building into
an automotive repair shop at 97 College Avenue.

�Mr. Julius Twyne, an architect representing Leonard Rutilgan,
explained that the plans would show six repair bases,an office
space, a bathroom facility and storage space. Mr. Rutliglan will
also add drainage that will take residue from the workers area
that is washed out.
A new trench drain will be installed,
connecting to the same line.
In addition to these changes, an exhaust system will be installed
through the roof towards the east side of the auto body shop.
They will also have a general exhaust fan that will exhaust
materials from cars that are being worked on during the day.
There are also two skylights that will be left in place.
There is a concern about the fumes in a residential area. There
are also three vents, which will ventilate the fumes.
Mr.
Margotta stated that there have been no complaints in the past
about the paint fumes.
Mr. Gissen mentioned that their main concern was the parking in
this residential area. Mr. Rutilgan stated that he will have
approximately 12 cars in and out in one day. Employee parking
will be in the building.
Mr. Margotta recommends that they should put in a sprinkler
system because the state code may require one in the future.
PUBLIC COMMENT:
Mr. Frank Paolontonio, 158 Depeyster Street stated that he was in
favor of granting a permit for the automotive repair shop.
A motion was made by John O'Leary to grant site plan approval
and seconded by Richard Ayers and was passed unanimously by the
the board. Comments submitted by Village engineer and consultants
are attached hereto and incorporated in this resolution of site
plan approval.

IN THE MATTER OF SLEEPY HOLLOW CEMETERY. NORTH TARRYTOWN, NEW
YORK.
A Public Hearing was held by the Planning Board to hear and
consider the development of Sleepy Hollow Cemetery.
Mr. Larry Narccheia, P.E., who is representing Sleepy Hollow
Cemetery, discussed the site plan review. In reviewing the site
plan, Mr. Narccheia points out that there is a ravine which is
approximately .71 acres in area.
The applicability of the
wetlands/watercourse legislation was discussed in detail by the
consultant.

�Mr. Donald Stever addressed the Board. He indicated that the
question of whether there were wetlands on the site, as defined
by the ordinance, was not as yet adequately clarified.
A motion to close the public hearing was made by John O'Leary and
Seconded by James Galgano. The motion was passed unanimously.
BUSINESS MEETING:
After a long discussion it was decided to table the matter until
the next meeting. In the interim, a wetlands investigation will
be performed by Frederick P. Clarks Associates. A report will be
submitted to the Board prior to the next meeting.
Being no further business, a motion was made by John O'Leary,
seconded by James Galgano to adjourn the meeting at 9:25 PM. The
following Planning Board meeting will be held on Thursday,
November 15, 1990.

Respectfully submitted,

Christine A. Y&amp;rkovic
Recording Secretary

�P H A P I P&lt;5 A M A M H A M A R O
t n M H L C D
M
'
„.?J1"
CONSULTING ENGINEERS

COURT PLAZA NORTH. 25 MAIN ST. HACKENSACK.NJ 07601-7032
120 EAST 75TH STREET SUITE 8C NEW YORK. NEW YORK 10021

201342-4200
212-683-7712
FAX. 201-342-0790

TABLE OF CONTENTS

MEMORANDUMS - PROPOSED SUBDIVISION/SITE PLAN UPDATES
VILLAGE OF NORTH TARRYTOWN, NEW YORK
(OCTOBER, 1990)

MEMORANDUM DESCRIPTION

CAMCE REF. NO

1.

Sleepy Hollow Cemetery - Proposed
subdrain near Route 9

1368R

2.

Automotive Repair Shop 97 College Avenue

1384R

�CHARLES A. MANGANARO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM: Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers
DATE: October 12, 1990
RE:

Sleepy Hollow Cemetery - Proposed Subdrain Near Route 9
CAMCE #1368R

As of this date, our comments concerning the hydraulic
aspects of the above referenced project have been
substantially addressed. Accordingly, we have no other
significant objections to the proposed plan.
We trust this information satisfies any inquiries you may
have. If you require any additional information, please let
us know.

JAG:ab:958
enc.
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Jr., Village Attorney
Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark
Associates (via Facsimile)
Mr. Larry Nardecchia, P.E.

�CHARLES A. MANGANARO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM:

Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers

DATE:

October 12, 1990

RE:

Lenny's Auto Repair
97 College Avenue
CAMCE #1384R

Per our review of the site plan dated August 27, 1990,
prepared by Mr. Charles Riley, Land Surveyor; our comments
concerning potable water, sewage, and storm drainage, are as
follows:
A.

The location of all existing structures a,nd other man-made
features of the site, as well as those o n adjacent
properties, including existing utility lines (gas &amp;
electric).

B.

The location and design of the proposed water supply, sewage
disposal and storm water drainage systems, including the
locations, sizes, invert, and rim elevations to the existing
water supply, sewage disposal, and storm water drainage
systems.

C.

Existing and proposed topography map of the subdivision,
extending at least twenty (20) ft. beyond the site boundaries
with contour intervals not greater than rive (5) ft. and
referenced to USGS or other approved bench mark and scale.

D.

The nature and location of all other existing site features,
including wetlands, water courses, wooded areas, and rock
outcrops.

E.

The plan shall clearly indicate which site features are
existing and proposed, and which will be removed.

F.

Owner's endorsement.

G.

Planning Board Chairman's endorsement per subdivision
regulations, Part IV, Page 7817 (14C).

H.

The locations of nearest fire hydrants.

I.

The widths of streets and avenues encompassing the site.

�CHARLES A. MANGANARO

Page 2
Memorandum
Lenny's Auto Repair
CAMCE #1384R

J.

An area map showing all streets and property within one
thousand (1,000) ft. of the applicant's property, at a scale
of one (1) inch to four hundred (400) ft. All property owned
by the applicant shall be clearly identified.

K.

Flow and pressure requirements for the fire sprinkler system
and backflow preventers, if required.

The above-mentioned comments should either be shown or noted on
the drawings.
Final recommendations will be made to the Planning Board once
these comments are addressed.
If you require any additional information, please let us know.

JAG/gsb.962
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Jr., Esq.
Thomas Gissen, Assoc. Cons. - Frederick P. Clark Assoc. (Via Facsimile)
Leonard A. Rutiglan

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

October 18, 1990

Subject:

Sleepy Hollow Mitigation Planting Plan.

I-

INTRODUCTION.

On October 17, 1990, Jim Donovan, ASIA and Thomas Gissen, AICP of
Frederick P. Clark Associates met with representatives of the
Sleepy Hollow Cemetery in order to attempt to develop a mitigation
planting plan that would be satisfactory to the applicants and to
the Village Planning Board. At the Planning Board meeting of
September 27, 1990, the Planning Board and the applicant had agreed
that such a meeting of consultants might prove beneficial in
developing a satisfactory planting plan.
II.

HISTORICAL BACKGROUND.

Through the course of this application there has been much concern
expressed by both the Village Planning Board and the applicant
regarding the issue of providing a planting plan as mitigation for
the visual and vegetative losses that would be necessitated by the
proposed action.
The applicant's original two submissions (plans dated April 10,
1990 and May 21, 1990) contained no references to a mitigation
planting plan. At the request of the Planning Board, the applicant
did prepare a mitigation planting plan on June 16, 1990. However,
this plan carried a note that stated, "Exact type of tree and
location to be determined by the Cemetery Authorities." This
effectively rendered the plan non-binding and unenforceable.
Later the applicant proposed to plant several trees along North
Broadway (Route 9) instead of providing any required new plantings
within the subject site itself. However, at the Planning Board
meeting of September 27, 1990, a view was expressed by some members
of the Planning Board that mitigation plantings should be provided
within the site as well as on North Broadway in order to compensate
for the vegetative and aesthetic loss the proposed action would
entail.
III. PROPOSED PLAN.
At the meeting of October 18, 1990 between Clark Associates and the
applicant's representatives, the applicant agreed to provide nine
American Sycamore trees along North Broadway and to provide five
Red Oak trees and five Littleleaf Linden trees within the subject
site. All of the trees are to maintain a minimum 3.5 inch caliper

�*
when planted (this means that the tree trunks will be at least 3.5
inches in diameter at their base).
No specific placement for the ten trees that are to be planted in
the affected area has been determined. It was agreed that the
placement of the trees would be determined after the final grade is
set but before the final seeding is performed. The actual placement
of the trees shall be subject to approval by either the Village
Building Inspector or the Village's Planning Consultants or both,
as determined by the Planning Board.
The applicant has indicated that they will seek to gain some
assistance from the Town in paying for the instillation of the
American Sycamore trees along North Broadway. We informed the
applicant that while we do not feel it is important that the
Planning Board concern itself with who pays for the trees, we
recommend that all of the trees be required as a condition of site
plan approval. In other words, we recommend that the planting of
the trees be a requirement of site plan approval, regardless of
whether the applicant can persuade an outside party to assist in
paying for the trees.
The site plan that the applicant and Clark Associates have agreed
to recommend also requires that 20 trees in the affected area be
preserved for their natural lifetime and to provide compensatory
plantings when those trees die. Furthermore, the applicant agreed
that the buffer row of pines along the northern end of the affected
area shall be maintained in perpetuity.
III. CONCLUSION.
There is no doubt that the visual aesthetic of this area will be
affected by the proposed action. However, we believe that if the
planting plan agreed to by the applicants is implemented in its
entirety, then this will constitute suitable mitigation for losses
associated with the proposed action.
Thomas Gissen, AICP
Associate Consultant
cc:

Mayor Janet Gondalfo
William Regan
John Hughes, Jr.
James Margotta
Larry Nardecchia

500\not0-020.tg

2

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                    <text>NORTH TARRYTOWN, N.Y.
September 27, 1990

PUBLIC HEARING

A Public Hearing was held before the Planning Board
of the Village of North Tarrytown on the above date.
PRESENT:

Ellen Tsangaris, Chairperson
James Galgano
John O'Leary
Richard Ayers
Alan Kaplan

ABSENT:

Steve Baderian
Roman Windas

ALSO PRESENT:

John J. Hughes, Jr., Village Attorney

Chairperson Tsangaris called the meeting to order at
8P.M.
Mr. O'Leary moved, seconded by Mr. Galgano that the
minues of the meeting held on August 9th, 1990 be approved as
submitted. Carried.
Chairperson Tsangaris stated that the first order of
business would be the following:
1.

Public Hearing-E. Massaro &amp; A. Pauluetti. Convert garage to
apartment, an addition of a 7th family, at 190 Valley Street.

The Clerk read the Public Notice to hear and consider
an application of E. Massaro and A. Pauluetti of 952 Knollwood
Road, White Plains, N.Y., for final site approval of plans to
convert the garage to an apartment, an addition of a 7th apartment, at 190 Valley Street, North Tarrytown, N.Y. duly designated
on Village Tax Assessment Map as Section 16, Block 12, Lot 3.
Chairperson Tsangaris asked if there was anyone present
who would like to address the Board.
Mr. Thomas Gissen representing Frederick P. Clark
Associates submitted a memorandum stating comments and recommendations to the project. (Copy in Official Minutes).
Mr. Joseph Gulino, representing Charles A. Manganaro,
Consulting Engineers submitted a memorandum stating their
comments and recommendations to the project. (Copy in Official
Minutes).
Mr. Massaro stated that the apartment was to be an
apartment for a handicapped person and all objections by the
Planner and Engineer had been or would be met before he would
apply for a Certificate of Occupancy.
There being no further comments, Mr. Galgano moved,
seconded by Mr. Ayers that the Public Hearing be closed.
Carried.

�-2Mr. Galgano moved, seconded by Mr. 0*Leary that
the Site Plan be approved and the Village Attorney be directed
to prepare the necessary resolution to be adopted at the next
meeting. Carried.
2.

Preliminary Hearing-Vincent Margotta, Proposed Alteration
to 89 &amp; 91 Cortlandt Street.

Mr. Gissen submitted a memorandum stating their
comments and recommendations to the project. (Copy in Official
Minutes).
Mr. Gulino submitted a memorandum stating their comments
and recommendations to the project. (Copy in Official Minutes).
Mr. Ronald Turnquist, Architect for Mr. Margotta
presented plans for the project and advised the Board of the
work to be done to the buildings. He stated that the Mayor
informed him she wanted the repairs to be completed as soon as
possible. He stated one of the buildings was empty and the
other had tenants. They hoped they would not have to displace
them while construction was going on. He stated that the matter
is in the local court and he would make the Court aware of
the intent to repair the buildings.
After a discussion, Mr. O'Leary moved, seconded by
Mr. Galgano that the matter be referred to the Zoning Board.
Carried.
3.

Preliminary Hearing-Proposed Subdivision-D. Kringas, 149
Webber Avenue.

Mr. Gissen submitted a memorandum stating their
comments and recommendations to the sub-division. (Copy in
Official Minutes).
Mr. Gulino submitted a memorandum stating their
comments and recommendations to the sub-division. (Copy in
Official Minutes).
Mr. Turnquist, representing Mr. Kringas, stated that'
it was the intention of Mr. Kringas to erect two single family
dwellings, one for his son and one for his daughter. Mr.
Turnquist outlined the project to the Board.
Chairperson asked if there was anyone present who
would like to comment.
Mr. Arthur Ceconi, Amos Street stated he was representing the Briggsville Association and asked what impactfe the
project would have on the sewer system and what variances would
be needed. He also asked if an Environmental Study had been
completed.

•*• m

i

�-3Mr. Margotta stated that the lots to be sub-divided
would be 5,000 square feet as called for in the code. The
multi-family dwelling would be non-conforming and would be
covered under the grandfather clause.
Mr. Turnquist stated that if permission was granted
future plans will show re-routing of brook, storm drainage
and other items requested by the Board, with a completed
environmental study attached.
After a discussion Mr. O'Leary moved, seconded by
Mr. Galgano that the matter be referred to the Zoning Board.
Carried.
4.Preliminary Hearing- Leonard Rutligan, 97 College Avenue,
Automotive Repair Shop.
Mr. Thomas Gissen submitted a memorandum stating their
comments and recommendations to the project. (Copy in
Official Minutes).
Mr. Gulino submitted a memorandum stating their
comments and recommendations to the project. (Copy in Official
Minutes).
Mr. Rutligan stated that he was a resident of the
Village of North Tarrytown and had previously had a repair
shop on Cortlandt Street but moved to Tarrytown. He recently
lost his lease and wanted to come back to North Tarrytown.
The property in question has been vacant for the last two
years and he feels that his type of establishment would
be good for the area. There would be no cars parked on the
street. All the cars would be parked within the building.
After a discussion Mr. O'Leary moved, seconded by
Mr. Galgano that a Public Hearing be scheduled for the October
meeting, contingent on receiving drawings of the project.
Carried.
Mr. Margotta stated that adjacent to the building
is a Body and FendertStnop and he has never received any
complaints, and feels there is no objection to a garage in
that area.
5.

Sleepy Hollow Cemetery-Wetlands Permit &amp; Site Plan.
Continued Discussion.

Mr. Larry Nardecchia, Jr., Professional Engineer
representing Sleepy Hollow Cemetery presented plans for the
Cemetery.
Mr. Gissen submitted a memorandum stating comments
and recommendations to the project. (Copy in Official Minutes).

�-4Mr. Gulino submitted a memorandum stating1 comments
and recommendations to the project. (Copy in Official
Minutes).
Mr. Nardecchi stated that a stream disturbance plan
will be submitted to the D.E.C. and a permit applied for. He
stated that they will disturb the stream but will not displace
it.
After a discussion Mr. Hughes stated that we should
call for a Public Hearing on the matter.
Mr. Galgano moved, seconded by Mr. O'Leary that a
Public Hearing be held at the next meeting and that a water
course and site plan be submitted. Carried.
A discussion followed regarding the planting of
trees to replace the trees that would be removed.
Mr. Nardecchi stated he would be willing to discuss
the matter with the Planners to satisfy the Boarcl members as
to the type of trees to be planted and the number of trees.
Mr. Gerard Weiss, Attorney and member of the Cemetery
Association stated that the approval of the application is vital
to the Cemetery. The Cemetery is running out of saleable land.
If the project is approved it will double the number of two-grave
plots. He stated that the sale of plots provides income for
the Cemetery. If they have no land to sell the cemetery will
not have the income to operate. He would appreciate the Board.
making a decision as soon as possible.
There being no further business to come before the
Board, Mr. O'Leary moved, seconded by Mr. Ayers that the same
be duly adjourned. Carried.
Respectfully su£mubfeted, f
Irene Ama;co
Acting Clerk

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

September 20, 1990

Subject:

Massaro and Pauletti Site Plan Review.

This application appeared before the Planning Board on July 19,
1990. At that time the Planning Board determined not to engage in
a substantive review prior to scheduling a public hearing on the
application. As we have received no updated plans since the July
Planning Board meeting, we can only assume there have been no
revision of the previously submitted plans. Consequently, we have
not revisited the submitted plans and our previous comments contained within our memorandum of July 17, 1990 - stand. We have
enclosed the previous memorandum for your convenience.
Thomas Gissen, AICP
Associate Consultant
cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph Guilino (By Facsimile)
Julius Twyne, Jr.

500\not0-010.tg

�MEMORANDUM
To:

Village of North Tarrytown

From:

Frederick P. Clark Associates

Date:

July 17, 1990

Subject:

Massaro and Pauletti Proposed Dwelling Unit Addition Site Plan Review.

!_•-

INTRODUCTION:

The purpose of this memorandum is to review the above noted revised
application for the conversion of an existing basement garage into
a proposed basement handicap dwelling unit. The proposed
application is for an existing three story, six-dwelling apartment
building located on the corner of Valley Street and Chestnut Street
in a C-2 General Commercial Zoning District. The applicants have
submitted a revised site plan prepared by JT2 Architects, titled
"Proposed Handicapped Dwelling Unit Add.; 190 Valley Street; North
Tarrytown, New York." The plan was prepared on December 4, 1989 and
last revised June 6, 1990.
II.

HISTORICAL OVERVIEW:

In December of 1989, this office reviewed an earlier version of
this plan. At that time, we noted that the existing use was nonconforming relative to the requirements of Chapter 70 of the Code
of the Village of North Tarrytown (the Code) . The areas of nonconformity included parking, building coverage, lot area and
setback deficiencies. At that time, we also noted that, with the
exception of the setback and building coverage deficiencies, all of
the above noted areas of non-conformity would be further aggravated
by the addition of another apartment. Due to these issues of nonconformity with the Code, the Planning Board informed the applicant
that variances from these deficiencies would need to be granted by
the ZBA before the Planning Board could consider any approval of
the proposed application.
It is our understanding, based upon a telephone conversation with
Village of North Tarrytown Building Inspector Jim Margotta, that
the applicants have received the necessary variances. The variances
granted, inclusive of any conditions attached thereto, and the date
the variances were granted should be specified on the plan.
Provided the necessary variances have been granted, the Planning
Board may now review the proposed application, subject to Article
VIII of the Code.

�III. REVIEW COMMENTS;
Handicap Accessibility - Documentation should be provided to
demonstrate that the proposed apartment and parking garage space
meet all of the requirements of the State of New York and the
Village of North Tarrytown for handicapped person accessibility. In
addition to various state requirements for door widths, bathroom
facilities and counter heights, the proposed handicapped parking
space should maintain a minimum width of 13 feet at all points.
Toilet Exhaust Fan - Because of the rising elevation at the
northeast edge of the site, it would appear that the proposed
toilet exhaust fan may be below grade. Obviously, such a location
would not work. Furthermore, the applicant should investigate an
alternative exhaust system. The proposed system would vent toilet
fumes into a narrow alley directly below the windows of an adjacent
structure. The adjacent structure appears to support residential
uses. Venting toilet fumes in this manner appears to be contrary to
the purposes of Section 62-30.B.(4) of the Code. This section of
the Code directs the Planning Board to assure the following:
"Satisfactory and harmonious relations between
the development on the site and the existing
and prospective development of contiguous land
and adjacent neighborhoods."
Site Litter - A pile of trash has been left on the northern corner
of the site. It would be appropriate for the Planning Board to
withhold any approvals until the site is brought into conformity
with general maintenance standards.

Thomas Gissen, AICP
Associate Consultant

300\not0-002.tg

2

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

September 21, 1990

Subject:

89 and 91 Cortlandt Street Site Plan.

La.

INTRODUCTION:

This site plan application involves a proposal to perform a major
rehabilitation on two adjoining existing three-story structures
situated on an approximately 3,810 s.f. lot, which is located on
the southwest corner of the intersection of Cortlandt and Clinton
streets in the C-2 (General Commercial) district of the Village of
North Tarrytown.
The applicant proposes to redevelop this site with the ground floor
of the newly unified structure supporting a commercial restaurant
use and the upper floors supporting four two-bedroom apartments. It
would appear that one effect of this major renovation is to
effectively combine the two structures into a single structure.
Site Plan approval from the Planning Board is required under
Section 62-29.A(4) (b) of the Zoning Code of the Village of North
Tarrytown (the Code). This section of the Code requires site plan
approval for any development of any site in a commercial district
that is located across the street from a residential district.
Because the subject site is located within the C-2 district, which
is both a commercial and a residential district, and is across the
street from an R-6 residential district, site plan approval is
mandatory.
Additionally, as further delineated below, it appears that several
bulk, area and parking variances will be required before this site
plan may be implemented.
II.

ANALYSIS:

A.

Area and Bulk Standards.
1.

Overview. Because the application proposes a mixed-use
structure it appears that the structure will need to
conform to both the commercial and the residential area
and bulk standards for the C-2 district. Residential
structures in the C-2 district must conform to the
minimum lot size standards of the R-5 district and the
maximum lot coverage and setback standards of the R-4
district. This results in numerous area and bulk
variances being required for the residential portion of

�the structure as well as a single setback variance being
required for the commercial portion.
2.

Commercial Standards.
The only non-conforming area or
bulk standard maintained within the commercial portion of
the proposed site plan is a deficient rear yard.
Commercial structures in the C-2 district are required to
maintain a 20-foot rear yard; the application proposes a
rear yard of approximately 16 feet.

3.

Residential Standards.
i.
Minimum Lot Size:
Multi-family residential uses
proposed in the C-2 district must conform with the
minimum lot size standard specified in the R-5 district.
A minimum lot size of 6,500 s.f. is required for a fourunit multi-family development (5,000 s.f. for the first
three units plus 1,500 s.f. per additional unit). The
subject site is approximately 3,810 s.f.
ii. Maximum Lot Coverage:
The residential portion of
the structure appears to maintain a footprint of
approximately 1,630 s.f. For the 3,810 s.f. lot, this
translates into a lot coverage of approximately 42.8
percent. Residential uses in the C-2 district must
conform to the lot coverage requirements of the R-4
district, which permits a maximum of 35 percent lot
coverage.
iii. Yard requirements: Yard setback standards for
residential uses in the C-2 district must conform to
those standards in the R-4 district. As the chart below
demonstrates, the structure does not meet any of the yard
setback standards established in the R-4 district.

Yard

Min. Req'd in
R-4 District

Proposed

Deficiency

Front

20 Feet

2 Feet

18 Feet

Side - One

3 Feet

1 Foot

2 Feet

Side - Both

12 Feet

2 Feet

10 Feet

Rear

25 Feet

17 Feet

8 Feet

�Parking. Loading and Circulation.
1.
Numerical Reguirement.
Section 62-14.E. of the Code
specifies numerical parking standards required for a variety
of uses. Specifically, this section requires that one parking
space be provided for each dwelling unit and that one parking
space additionally be provided for every two bedrooms in a
multi-family housing development. Additionally, one parking
space is required for every five seats in a restaurant or bar
use.
While we do not know the number of seats proposed for this
restaurant, it is clear that eight parking spaces are required
for the proposed apartments. Since only three parking spaces
are proposed, the applicant will require a parking variance
from the ZBA.
The applicant should be sure to calculate his aggregate
parking need based upon the maximum number of seats he thinks
the restaurant will ever maintain. Otherwise, if the ZBA
grants a parking variance based upon a number of seats less
than that actually in place at some point in the future, then
the site plan will become void at that time. The ramifications
for one's business could be severe.
2.
Parking Space Size. Section 62-14.A. of the Code requires
that each parking space maintain 180 square feet (s.f.) of
space exclusive of all driveway, aisle and turnaround areas.
The parking spaces shown on the proposed site plan appear to
maintain only about 150 s.f. Consequently, either the size of
the spaces should be adjusted or a variance should be sought
for undersized parking spaces.
3.
Parking Lot Lighting.
Section 62-14.D.(5) of the Code
requires that the proposed parking area be lit and that the
lighting not produce light or glare onto adjoining properties.
Consequently, a lighting plan should be included in the site
plan.
4.
Loading. No loading area is provided. However, there
does appear to be offsite parking and loading space available
in the vicinity of the subject site during daytime hours.
Section 62.14.F. of the Code empowers the ZBA to determine the
loading requirements for unlisted uses (a restaurant use is an
unlisted use).
5.
Driveway Width.
Section 62-22.A. requires that all
driveways for commercial and industrial uses maintain a width
of not less than 15 feet and not more than 25 feet. The
proposed driveway appears to be only 11.5 feet.

3

�Also, analysis of the site plan in the field appears to
indicate that a chimney extension on the building located
immediately to the west of the subject site abuts the western
facade of the portion of the building thiat the applicant
proposes to remove. Therefore, it would appear that this
chimney may impinge on the proposed drix/ev/ay area. This
apparent conflict between the site plar** and the field
condition should be resolved as it may affect the driveway
width.
Lastly
review
rescue
family
C.

as concerns driveway width, the Fire pepartment should
this access relative to their fir^ suppression and
needs for the proposed commercial restaurant ancl multiresidential uses.

Performance Standards.
All uses in the C-2 district are required to conform to the
Code's performance standards, as articulated, in section 62-16.
Other than general building and fire code standards, the only
standard pertinent to the proposed application vould appear to
concern odors. This standard, as articulated in Section 6216.B. (2), requires that odors not be emauiated beyond the
property line. Given the food preparation nature of the
proposed ground floor establishment an^5 the adjoining
residential uses both proposed for the s i t ^ and existing in
close proximity to it, the applicant should c3emonstrate how he
proposes to vent kitchen fumes and mitigate their possible
impacts.
Thomas Gissen, AICP
Associate Consultant

cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph Guilino (By Facsimile)
Ronald Turnquist

500\not0-011.tg

4

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

September 20, 1990

Subject:

Krinaas Subdivision Sketch Plat (September 12. 1990).

The purpose of this memorandum is to provide the Planning Board
with our analysis of the above noted sketch plat. The Kringas
Subdivision plan of September 12, 1990 represents a major change
from the previously submitted proposed subdivision sketch plats for
this property. Whereas the previous submissions proposed either
five or four new attached dwelling units, the new subdivision plat
proposes the creation of two new single family lots of 5,000+
square feet (s.f.) each.
The most recent of the previously submitted sketch plats for this
site (titled Webber Mews and dated July 27, 1990) proposed the
development of four new attached units in addition to the five
existing attached units on the property. In addition to subdivision
approval and the granting of numerous variances, this previous
proposal would have required application of the clustering
provisions of New York State's Village Law (Section 7-738).
In our review of the July 27, 1990 sketch plat (see the memo from
our office of August 7, 1990), we noted that the proposed
subdivision would result in the creation of two grossly
gerrymandered lots, the elimination of virtually all open
recreation areas on one of the lots, a density of development
beyond that which is permitted in the R-3 district and the need for
multiple variances.
The newly revised plat appears to effectively addresses those
concerns previously raised by this office. While the newly proposed
subdivision would result in one flag lot, this proposal greatly
reduces the gerrymandering of lot lines evident in the previous
submissions. Consequently, usable open space for recreation and
aesthetic purposes has been provided for all proposed properties
and units.
Also, the density of development now conforms to the minimum
standard required under the R-3 district (5,000 s.f. of land area
per dwelling unit). Furthermore, the character of the streetscape
now should be more in keeping with the single family residential
character existing in the area and called for under the R-3
district standards.

�Lastly, it appears that the need for all previously required bulk
variances has been eliminated under the new proposal. However, the
existing five-unit residential structure constitutes a pre-existing
non-conforming use due to the fact that only single family homes
and certain public uses are permitted principal uses in the R-3
district. Consequently, one use variance from the Zoning Board of
Appeals will still be required to permit the existing structure on
what amounts to a new lot.
Thomas Gissen, AICP
Associate Consultant

cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph A. Guilino (By Facsimile)
Ronald Turnquist

500\not0-009.tg

2

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

September 24, 1990

Subject:

Leonard Rutialan Automotive Repair Shop.

I.

INTRODUCTION.
This application is for site plan approval for an automotive
repair shop use in the C-2 (General Commercial) district of
the Village of North Tarrytown. The subject site, which is
located at 97 College Avenue, currently maintains a vacant
single-story masonry structure of approximately 4,100 square
feet (s.f.) in size. It is our understanding that the proposal
is to rehabilitate this structure for use as an automotive
repair shop.
Due to the fact that this site is located within the C-2
district, which is both a commercial and residential district,
and is further located directly across the street from a
residential district (the R-6 district), the Planning Board
maintains site plan review authority under Section 62-29.A. (4)
of the Zoning Code of the Village of North Tarrytown (the
Code).
As further delineated below, numerous bulk variances as well
as a use variance will be required from the Zoning Board of
Appeals (ZBA) before this site plan can be implemented.

II.

ANALYSIS.
A.

Use Variance:
Automotive repair shops are only permitted as-of-right in
the C-l (Highway Commercial) district. As an automotive
repair shop is not a permitted use in the C-2 district,
a use variance will be required from the ZBA.

B

«

Non-Conforming Bulk Standards:
1.
Overview.
Due to the fact that the existing
structure covers virtually the entire lot, the site's
physical layout is non-conforming in two regards.
2.
Building Coverage. While the existing structure
maintains virtually 100 percent building coverage, the

�maximum building coverage for a commercial structure in
the C-2 district is 60 percent.
3.
Rear Yard Setback. A 20-foot rear yard setback is
required of commercial structures in the C-2 district;
the existing structure is built out virtually to the rear
lot line.
Performance Standards:
Any use in the C-2 district is subject to the performance
standards specified in Section 62-16 of the Code. The
strict employment of these standards appears to be highly
justifiable given the use proposed for this site (an
automobile repair shop) and its proximity to residential
uses and a residential district.
Specifically, the applicant should be required to
demonstrate to the satisfaction of the Planning Board
that necessary measures have been undertaken to assure
that no noise, odors, glare or vibrations associated with
the proposed automotive repair activity will emanate
beyond the property lines either at ground level or at an
elevation that could potentially affect neighboring
residents in mid-rise apartments.
Furthermore, the control of atmospheric pollution and
potential
groundwater
contamination
should
be
demonstrated to the satisfaction of the Planning Board.
This should include the provision of all procedures and
safeguards necessary to assure the proper disposal of
engine oil.
Lastly, given the proposed use, it is recommended that
the Planning Board request that the Fire Marshal review
the proposed plans to assure that all necessary fire
suppression and safety measures have been employed.
Parking Standards:
Section 62-14.E. requires that parking for this use be
provided at a ratio of one space per 1,000 s.f. or one
space per two employees, whichever yields a greater
number of parking spaces. Employing the size standard
would yield a requirement of five parking spaces. The
applicant should provide a liberal estimate of the
maximum number of employees per shift and then
demonstrate that all required parking can be provided on
site.
2

�Given the potential for an unsightly spillover of
automobiles from this use onto adjoining lots or onto the
public sidewalk and street, we would recommend that any
site plan approval that may be forthcoming for this
application be conditioned upon a continuous prohibition
against employee or client parking anywhere but within
the existing structure.
E.

Miscellaneous:
1.
Environmental Assessment Form.
As alluded to
earlier in the section of this memorandum on "Performance
Standards," the applicant should be required to
demonstrate that all appropriate mitigation measures will
be implemented necessary to prevent any adverse off-site
impacts from noise, glare, vibration, or electrical
disturbance. He should also be required to demonstrate
that there will be no major adverse effect on air quality
associated with the proposed auto repair shop. If the
applicant cannot demonstrate that these impacts will be
sufficiently mitigated, then the answers to sections (d)7
and (d)8 of the submitted short environmental assessment
form should be changed from "no" to "yes."
2.
Spillover of Neighboring Use onto Subject Site.
The applicant should also explain the relationship of the
property to the west of the subject site's northwest
corner. It appears that part of a three-story wooden
porch, that is ancillary to neighboring residential uses,
is located on the subject site. Based upon a field
investigation, it further appears that a one-half story
high portion of the existing structure on the subject
site is located below this wooden porch. A detailed
explanation of the exact legal nature of any easements
involved in this impingement upon a portion of the
subject site by another lot's uses should be provided.
Furthermore, the Planning Board should employ those
restrictions upon the storage or other use of this space
below and near the wooden porch that are appropriate and
necessary to assure the health and safety of the
residents of the neighboring structure.

3

�F.

Conclusion.
Pending the submission of the additional
requested, this concludes our review.

information

Thomas Gissen, AICP
Associate Consultant
cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph Guilino (By Facsimile)
Charles Riley

500\not0-012.tg

�MEMORANDUM
To:

Village of North Tarrytown

From:

Frederick P. Clark Associates

Date:

September 25, 1990

Subject:

Sleepy Hollow Wetlands Permit and Site Plan.

I-

INTRODUCTION
The purpose of this memorandum is to provide the Planning
Board with our review of the September 17, 1990 "Wetland
Watercourse Protection - Chapter 61; Summary of Sleepy Hollow
Project" report prepared by Larry Nardecchia, Jr., P.E.; the
"Landscape Proposal Alternate" also prepared by Larry
Nardecchia, Jr., P.E. and dated September 12, 1990; and to
relate to the Planning Board the substance of recent
correspondence between this office and Richard Speidel of the
New York State Department of Environmental Conservation (DEC) .

II.

WETLANDS REPORT
A.

Overview. The submittal by Larry Nardecchia, Jr., P.E. of
additional information to meet the requirements of a
formal wetlands application provides almost all of the
information needed to process this application. The
remainder of this section of the review is devoted to
identifying additional information or clarifications we
believe are necessary, and to presenting our preliminary
comments.

B.

Additional Information and Clarifications Necessary.
i•

Information
for
item
61-10.A.(6)(a).
Mr.
Nardecchia indicates that there are no wetlands on
site. However, the Proposed Drain Plan and Profile
sheet, revised 8/5/90, indicates a wet area at the
bottom of the ravine. Furthermore, Mr. Nowicki's
report in Appendix E indicates the presence of
"saturated soils" at the bottom of the ravine. Mr.
Nowicki's report also indicates that there is only
a very sparse growth of hydrophytic plants in the
saturated soil.
It is not clear why the soil has been labeled as
saturated in one part of the report, while another
part of the report indicates a lack of functioning
hydric soils in the ravine.
Under normal
circumstances, this would appear to be a basic
inconsistency.
It is also not clear if this

�saturated soil area extends beyond the limits of
the stream, as seems to be indicated on the
drawing.
However, if it can be clearly shown that the
saturated soil is not a functioning hydric soil and
that it does not "support a prevalence of
hydrophytic vegetation," then the Planning Board
can safely agree that there are no wetlands at the
bottom of the ravine beyond the edge of the
watercourse.
ii.

Information for item 61-13.A.&amp; B. The
Village's
Wetland Law, as currently written, requires the
submittal of a mitigation plan when losses to a
wetland/watercourse are necessary and unavoidable.
Mitigation is to be in the form of replacing the
lost wetland/watercourse at a 2:1 ratio.
The applicant indicates that the requirements for
mitigation should not apply to watercourses. From
an environmental viewpoint, we would tend to agree.
Nevertheless, the law as currently written requires
the mitigation plan, even when the loss affects a
watercourse only. However, assuming that the
applicant can reasonably address the issues raised
in the previous
comment
(i.e. conclusively
demonstrate that no wetlands exist), then the Board
must decide if the proposed action would result in
the loss of the watercourse. If placing the stream
in a culvert is considered to be a modification of
the stream only, then the stream may be considered
not to have been "lost" and no mitigation would be
required. However, if the placement of the stream
within a culvert is considered to constitute the
loss of the watercourse, then a mitigation plan
must be submitted.
As Mr. Nardecchia states in his submittal, the law
provides no indication of what technical date needs
to be provided as part of a mitigation plan when
only a watercourse is involved (61-13.B. only
address the mitigation of lost wetlands). If the
Planning Board determines that the stream would be
lost under the proposed actions, then some
determination from the Board will be necessary as
to what will constitute an acceptable mitigation
plan.

2

�LANDSCAPE PLAN;
A.

Landscaping Plan Dated June 16, 1990.
The grading plan
has been revised to remove the previously proposed grade
change directly around the hemlock grove on the north
side of the project site. While this will definitely
help preserve the hemlocks, even further separation
between these trees and the proposed grading may be
necessary.
Furthermore, the future subdivision of this area into
plots ultimately may render all efforts to preserve these
trees futile. If the trees are to be saved, then all
efforts necessary to protect them should be taken now.
This includes providing some perpetual clearing and
grading limit area around these trees.
Also, while the Landscaping Plan shows some replacement
of trees, we think more can be added without jeopardizing
the proposed use of the land. We would suggest doubling
(at least) the amount of trees planted on the site. The
additional trees should be shade trees. such as the
proposed oak, rather than the smaller dogwoods.
Exact tree species should be specified. Dogwoods come in
many forms, from smaller shrubs to flowering trees. Many
of these types are not suitable for the proposed planting
area. We would recommend Cornus kousa, Kousa Dogwood for
this planting.
Similarly, there are a number of oak
types available; we would recommend Ouercus rubra. Red
oak for this planting.

B.

Landscape Proposal Alternate. The Landscape
Proposal
alternative provides a good additional start at
mitigating the loss of vegetation due to filling. We
feel that this proposal, in conjunction with additional
planting on the proposed project site, would begin to
provide more substantial mitigation.

DEC SUBMISSION
According to Richard Speidel of the Division of Regulatory
Affairs for Region 3 of the New York State Department of
Environmental Conservation, Lake Freemont is a Class B
protected waterway. Consequently, the stream running from
North Broadway (just south of the ravine site) to Lake
Freemont, which is readily identifiable on the Village of
North Tarrytown Zoning Map, also takes on the Class B
protected status, according to Mr. Speidel.

3

�He further stated that the ravine stream flow is probably also
protected, provided it flows on a year-round basis. It appears
that this stream probably does flow on a year-round basis.
He recommended that the applicant apply to the DEC for a
stream disturbance permit.
V.

CONCLUSION
Pending the submission of further information identified above
and further direction from the Planning Board, this concludes
our review at this time.

Jim Donovan, ASIA
Landscape Architect
Thomas Gissen, AICP
Associate Consultant
cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph Guilino (By Facsimile)
Larry Nardecchia, Jr., P.E.

500\not0-013.tg

4

�CAMCE
P M ARI PQ A M A N P A N A P P l
^ n M R L C O M. I V I M I I W H I I M n w

CONSULTING ENGINEERS

COURT PLAZA NORTH. 25 MAIN ST.. HACKENSACK. NJ 07601-7032
sf^gj
SUITE 8C NEW YORK. NCW YORK 10021
1 2 0 £AST Jsm

201-342-4200
212-683-7712
PAX. 201-342-0790

TABLE QF CONTENTS

MEMORANDUMS - PROPOSED SUBDIVISION/SITE PLAN UPDATES
VILLAGE OF NORTH TARRYTOWN, NEW YORK
(SEPTEMBER, 1990)

MEMORANDUM DESCRIPTION

CAMCE REF. NO

1.

E. Massaro &amp; A. Pavluetti Proposed Handicapped Dwelling Unit,
190 Valley St.

1344R

2.

Vincent Margotta - Proposed alteration
to 89 &amp; 91 Cortlandt St.

1383R

3.

Proposed Kringas Subdivision 149 Webber Avenue

1378R

4.

Sleepy Hollow Cemetery - Proposed
subdrain near Route 9

1368R

5.

Automotive Repair Shop 97 College Avenue

1384R

�CHARLES A. MANGANAftO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM:

' Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers

DATE:

September 21, 1990

RE:

Proposed Handicapped Dwelling Unit Addition
190 Valley Street
CAMCE #1344R

Per our review of the site plan last revised June 6, 1990, by
Mr. Julius B. Twyne, Jr., Architect, for the above referenced
project, our comments or questions concerning potable water,
sewage, and drainage facilities are as follows:
A.

The site plan should show where the drains located in the
ramp area adjacent to the trash bin area and entry door,
discharge too, along with pipe sizes and calculations to
verify sizes.

Final recommendations will be made to the Planning Board once
the necessary information has been addressed.
If you should have any questions or require additional
information, please let us know.
JAG/gsb.960
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John Hughes, Esq.
Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark Assoc.(Via Facsimile)
Mr. Julius B. Twyne, Jr., Architect

�CHARLES A. MANGANARO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM: Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers
DATE: September 21, 1990
RE:

Proposed Alteration to 89 &amp; 91 Cortlandt Street CAMCE
#1383R

Per our preliminary review of the site plan last revised
September 17, 1990, submitted to us by the North Tarrytown
Building Department for the above referenced project, our
comments concerning potable water, sewage, and storm water
drainage only, are as follows:
A.

The names of all owners of record of adjacent
properties should be shown on the site plan.

B.

The location of all existing structures and other
manmade features on adjacent properties including
existing utility lines should be shown on the site
plan.

C.

The design of the proposed water supply, sewage
disposal, and storm water drainage systems including
the locations, sizes, invert, and rim elevations to
the existing water supply, sewage disposal, and
storm water drainage systems. In addition, the
Village's water and sewer, and public works
departments have standards, specifically typical
detail sheets on the above mentioned systems. The
developer should conform with these standards.

D.

Existing and proposed topography map of the
subdivision should be shown extending at least
twenty 20 ft. beyond the site boundaries with
contour intervals not greater than five (5) ft. and
referenced to USGS or other approved bench mark and
scale.

E.

The Owner's endorsement should be on the site plan.

�CHARLES A. MANGANARO

Page 2
Planning Board
September 21, 1990
CAMCE 1383R

F.

Planning Board Chairman's endorsement per subdivision regulations, Part IV, Page 7817 (14C)
should be shown on site plan.

G.

The locations of nearest fire hydrants should be
shown.

H.

The widths of streets and avenues encompassing the
sites should be shown.

I.

Fire sprinklers, if required, should be shown or
indicated by note on the drawing.

Final recommendations will be made to the Planning Board once
the necessary information has been received.
If you should have any questions or require additional
information, please let us know.

JAG:ab:959
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Village Attorney
Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark
Associates (via Facsimile)
Mr. Vincent Margotta

�CHARLES A. MANGANARO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM: Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers
DATE: September 21, 1990
RE:

Proposed Kringas Subdivision
149 Webber Avenue
CAMCE #1378R

Per our preliminary review of the revised site plan dated
September 12, 1990, submitted to us by the North Tarrytown
Building Department for the above referenced project, our
comments concerning potable water, sewage, and storm water
drainage only, are as follows:
A.

The names of all owners of record of adjacent
properties should be shown on the site plan.

B.

The location of all existing structures and other
manmade features on adjacent properties including
existing utility lines should be shown on the site
plan.

C.

The design of the proposed water supply, sewage
disposal, and storm water drainage systems including
the locations, sizes, invert, and rim elevations to
the existing water supply, sewage disposal, and
storm water drainage systems. In addition, the
Village's water and sewer, and public works
departments have standards, specifically typical
detail sheets on the above mentioned systems. The
developer should conform with these standards.

D.

Existing and proposed topography map of the
subdivision should be shown extending at least
twenty 20 ft. beyond the site boundaries with
contour intervals not greater than five (5) ft. and
referenced to USGS or other approved bench mark and
scale.

E.

The nature and location of all other existing site
features, including wetlands, water bodies, water
courses, wooded areas, and rock outcrops should be
shown.

F.

The Owner's endorsement should be on the site plan.

�CHARLES A. MANGANARO

Page 2
Planning Board
September 21, 1990
G.

Planning Board Chairman's endorsement per subdivision regulations, Part IV, Page 7817 (14C)
should be shown on site plan.

H.

The locations of nearest fire hydrants should be
shown.

I.

The widths of streets and avenues encompassing the
sites should be shown.

J.

Fire sprinklers, if required, should be shown or
indicated by note on the drawing.

Final recommendations will be made to the Planning Board once
the necessary information has been received.
If you should have any questions or require additional
information, please let us know.

JAG:ab:959
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Village Attorney
Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark
Associates (via Facsimile)
Mr. Demitrios Kringas

�CAMC
r M A Q t PQ A M A N P A N A R n

COURT PLAZA NORTH. 25 MAIN ST. HACKENSACK. NJ 07601 -7032

LnMMLCO M. wiMrMvaMi^Mnw

120

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201-342-4200
212-683-7712
FAX. 201-342-0790

CONSULTING ENGINEERS

TO:

Village of North Tarrytown Planning Board

FROM: Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers
DATE: September 21, 1990
RE:

Sleepy Hollow Cemetery - Proposed Subdrain Near Route 9
CAMCE #1368R

As of this date, no further information has been received.
Therefore, our sole comment concerning the technical aspects
has not been addressed (See attached CAMCE Memorandum of
August 9, 1990).
Final recommendations will be made to the Planning Board once
the necessary item is noted on the drawings.
We trust this information satisfies any inquiries you may
have. If you require any additional information, please let
us know.

JAG:ab:958
enc.
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Jr., Village Attorney
Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark
Associates (via Facsimile)
Mr. Larry Nardecchia, P.E.

�CHARLES A. MANGANARO

UH&amp;AOO
TO:

Village of North Tarrytown Planning Board

FROM: Joseph A. Gulino
Charles A. Manganaro Consulting Engineers
DATE: August 9, 1990
RE:

Sleepy Hollow Cemetary - Proposed Subdrain Near Route 9
CAMCE #1368R

As of this date, no further information has been received.
Therefore, our sole comment, concerning only potable water,
sewage and storm water, which has not been addressed, is as
follows:
A.

The pipeline shall be sized to withstand the loads
of overburden plus those resulting from
construction equipment. Subsequently, in some
sections of the pipe where deep backfilling would
be required, it appears that a more tolerable pipe
class be selected.

Final recommendations will be made to the Planning Board once
the necessary item is noted on the drawings.
We trust that this information satisfies any inquiries you
may have. If you require any additional information,
please let us know.

JAG:da:823
cc:

Mr. James T. Margotta, Building Inspector
Mr. William T. Regan, Village Administrator
John J. Hughes, Jr., Village Attorney
Mr. Larry Nardecchia, P.E.

�CHARLES A. MANGANARO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM:

'Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers

DATE:

September 21, 1990

RE:

Lenny's Auto Repair
97 College Avenue
CAMCE #1384R

Per our review of the site plan dated August 27, 1990,
prepared by Mr. Charles Riley, Land Surveyor; our comments
concerning potable water, sewage, and storm drainage, are as
follows:
A.

The location of all existing structures and other man-made
features of the site, as well as those on adjacent
properties, including existing utility lines (gas &amp;
electric).

B.

The location and design of the proposed water supply, sewage
disposal and storm water drainage systems, including the
locations, sizes, invert, and rim elevations to the existing
water supply, sewage disposal, and storm water drainage
systems.

C.

Existing and proposed topography map of the subdivision,
extending at least twenty (20) ft. beyond the site boundaries
with contour intervals not greater than five (5) ft. and
referenced to US6S or other approved bench mark and scale.

D.

The nature and location of all other existing site features,
including wetlands, water courses, wooded areas, and rock
outcrops.

E.

The plan shall clearly indicate which site features are
existing and proposed, and which will be removed.

F.

Owner's endorsement.

G.

Planning Board Chairman's endorsement per subdivision
regulations, Part IV, Page 7817 (14C).

H.

The locations of nearest fire hydrants.

I.

The widths of streets and avenues encompassing the site.

�CHARLES A. MANGANARO

Page 2
Memorandum
Lenny's Auto Repair
CAMCE #1384R

J.

An area map showing all streets and property within one
thousand (1,000) ft. of the applicant's property, at a scale
of one (1) inch to four hundred (400) ft. All property owned
by the applicant shall be clearly identified.

K.

Flow and pressure requirements for the fire sprinkler system
and backflow preventers, if required.

L.

Cover letter to the Planning Board, including brief summary
of proposed action in letter form, indicating scope of
project, purpose and plans for development.

JAG/gsb.962
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Jr., Esq.
Charles Riley, Land Surveyor
Thomas Gissen, Assoc. Cons. - Frederick P. Clark Assoc. (Via Facsimile)

�Frederick P. Clark Associates, Consultants
Planning/Development. Environment/Transportation
Rye. New York and Southport. Connecticut

Frederick P dark (1909-1968)
David J portman. AICP
Frederic* E Wiedle. AICP
Howard / Reynolds PL

350 Theodore Fremd Avenue
Rye. New York 10580
(914)967-6540
FAX (914)967-6615

August 13, 1990
Larry J. Nardecchia, Jr. P.E.
21 McKinley Place
Ardsley, N.Y. 10502
Dear Mr. Nardecchia:
At the last Planning Board meeting (August 9, 1990) you voiced a
concern that you did not know what materials you should submit in
support of the Sleepy Hollow Cemetery's wetlands amplication. You
further requested that someone supply you with "a road map" of the
materials you will need to submit in support of this application.
As we indicated in our memorandum of August 8, 19^0, Chapter 61,
The Wetlands/Watercourse Law, of the Code of the Village of North
Tarrytown (the Law) clearly specifies information that must be
included in any application involving a proposed disturbance to a
wetlands/watercourse or associated buffer area, ^s well as the
standards the Planning Board must employ in reviewing such
applications.
Section 61-10, "Applications," clearly spells out exactly what
information must be included in every permit application, as well
as the information that may be required if certain development
thresholds are met. Furthermore, subsection 61-10.c. provides that
the Planning Board may require additional information throughout
the review process, if analysis of the site and of "the information
provided up to that point warrant further information and analysis.
The normal procedure is for the applicants' first to provide the
information required under the statue and then fot* the approving
authority to review that information. However, a t "the Planning
Board meeting of August 9, 1990, you indicated that you did not
know what information was still missing. An initiai review of the
requirements of the Section 61-10 and the materials so far
submitted by the applicants indicates that, at ei minimum, the
following additional information is required for untfer Section 6110 of the Law and has not yet been submitted by t h ^ Sleepy Hollow
Cemetery:

�Frederick P. Clark Associates, Consultants
Planning/Development/Environment/Transportation

1)

61-10.A. (4):
"A statement of the proposed
work and purpose thereof and an explanation
why the proposed activity cannot be located at
another site, including an explanation of how
the proposed activity is dependent on wetlands
or water-related resources."
Please note that this information is important
as subsection 61-12.D. (2)&amp; (3) of the Law
require the Planning Board to make findings
that the proposed activity could not feasibly
be accomplished at any other location on the
site or at another site.
Furthermore, subsection 61-12.C. directs the
Planning
Board
to
give
preference
to
applications where the proposed activity is
dependent
upon
a
shoreline
or
a
wetlands/watercourse location.

2)

61-10.A. (5);
A list of all property owners
whose property both adjoins the affected
watercourse and is 100 feet or less from the
Sleepy Hollow Cemetery property line should be
included.

3)

61-10.A.(6)(a):
"The
location
of
all
wetlands/watercourses
as determined
bv a
qualified
ecoloaist/botanist
and/or
soil
scientist no earlier than twelve (12) months
prior to the date of filing the application."
(emphasis added)
You have identified wet areas beyond the
stream bank that presumably may constitute
wetlands as defined by this Law. However, the
Law specifically requires that the actual
delineation of this area be performed by
persons with certain specific qualifications
(i.e. an ecologist/botanist or soil scientist,
as defined in Section 61-5 of the Law). The
full and accurate delineation of any wetlands
that may exist on the subject site is very
important
for
determining
the
wetlands/watercourse buffer area, which also
constitutes a regulated area.

�Frederick P. Clark Associates, Consultants
Planning/Development/Environment/Transportation

4)

61-10.A.(6)(b):
"A description
of
the
vegetative cover of the regulated
area,
including dominant species.11

5)

61-l0.A.(6Wc);
types on site."

"A description of the soil

Again, a person qualified in identifying and
mapping soil types will be needed for this
requirement.
The following information, which has not yet been supplied fully,
is also required under the Law. However, the Planning Board may
waive this requirement, provided the proposed action does not
exceed certain size or cost thresholds, as specified in Section 6110.B. of the Law.
Subsection 61-10.A. ( 6 W d ) ;
"The
location
of
the
construction area or area proposed to be disturbed and
its relation to property lines, roads, and buildings
within two hundred fifty (250) feet; and watercourses
within one hundred (100) feet.
In preparing the required information it may be of use to you to
review Section 61-12, Standards for Permit Decisions, of the Law.
This section outlines the standards the Planning Board should
establish before granting approvals and further specifies a number
of findings the Planning Board must be able to make in order to
grant approval.
Section 63-13 of the Law also requires that if the Planning Board
approves the proposed action, then the applicant must prepare a
mitigation plan that, if approved, will result in the applicant
creating new wetlands at least twice as large as the combined areas
of the wetlands, watercourses and associated buffer areas that are
to be disturbed by the proposed action. The actual requirements of
such a mitigation plan are further explained in Section 63-13 of
the Law.

�Frederick P. Clark Associates, Consultants
Planning/Development/Environment/Transportation

If you have any questions regarding the contents of this letter,
please do not hesitate to contact Tom Gissen at this office
directly.
Sincerely,

Thomas Gissen, AICP
Associate Consultant

cc:

'Jim Donovan
Landscape Architect

Village of North Tarrytown Planning Board
John Hughes
James Margotta
Joe Gulinoi

500\not0-007.tg

�'•»

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION:

AMENDED SITE PLAN APPROVAL
PROPOSED USE: CANOPY ADDITION TO AN EXISTING
GASOLINE SERVICE STATION
OWNER:
JOHN TORNELLO SR.
LOCATION: SOUTH EAST CORNER OF BROADWAY AND HUDSON
TERRACE
ADDRESS: 254-256 NORTH BROADWAY
TAX MAP DESIGNATION:
SECTION 17, BLOCK 13, LOT 4D
ZONING:
C-l, HIGHWAY COMMERCIAL

WHEREAS, the Planning Board of the Village of North Tarrytown
has reviewed an application for amended site plan approval (the
Application) pursuant to Zoning Ordinance Article VIII, site plan
review, Article VI, Section 62-19, Gasoline Service Station and
other requirements of the Village Zoning Ordinance considered
pertinent to the application, which application is to construct a
23.5-foot by 23.5-foot canopy above an existing pump area at an
existing gasoline service station, subject to the development
standards in the C-l zoning district, including but not limited to:
parking and loading standards (Section 62-14E), performance
standards (Section 52-16) and Site Plan Review standards (Section
62-29); and
WHEREAS, the Application is supported by a site plan prepared
by Gismondi and Pielli, Architects, 66 South Central Avenue,
Elmsford, New York, 10523, prepared on June 5, 1990 and titled
"Proposed Canopy Addition to Existing Citco Gasoline Service
Station; Broadway and Hudson Terrace, North Tarrytown, N.Y.", and
a short form Environmental Assessment Form; and
WHEREAS, in the course of its review and acting as Lead Agency
pursuant to the provisions of Article VIII of the Environmental
Conservation Law, the Planning Board has made the following
findings and caused, noted or conducted the following activities:
1.

Caused field inspections to be made of the property under
review and surrounding areas.

2.

Reviewed said application materials.

3.

Held a public hearing on said application on June 18, 1990, at
which time the applicant, Planning Board, it's consultants and
members of the public were given an opportunity to be heard.

4.

Acting as Lead Agency, requested, received and reviewed an
Environmental Assessment Form (EAF) in compliance with SEQR.

�\l

5.

As Lead Agency for site plan and subdivision review in the
Village of North Tarrytown, the Planning Board, after review
of said field conditions, recommendations and environmental
assessment form as well as other matters noted above, has
determined that the proposed action is an unlisted type and
hereby issues a "negative declaration" determination of nonsignificance and environmental impact for this unlisted
action.

WHEREAS, the Village of North Tarrytown Planning Consultant,
Frederick P. Clark Associates, recommended that the site plan be
amended to include additional landscaped areas that would extend
along the interior of the subject site's western property line
extending from the northern property line to a point roughly
parallel with the southern end of parking space number three and
from the southern end of the western property line north to a point
parallel with the northernmost edge of parking space number four;
and
WHEREAS, the applicant expressed some reservation as to the
cost of landscaping this existing paved area and the Planning Board
and the applicant agreed that substantial and permanent planter
boxes planted with attractive flowering vegetation would provide a
suitable alternative to a curbed landscaped area in the ground; and
WHEREAS, the Planning Board has requested that the applicant
provide a detailed lighting plan demonstrating the placement,
inclusive of height, wattage and luminosity of all proposed and
existing exterior lighting on the site, and clearly demonstrating
that no off-site glare will impact any adjoining properties,
including adjoining roadways; and
WHEREAS, the Planning Board has requested written detailed
explanations of the petroleum recycling program the applicant will
employ and of the existing pump system on the site including all
technical details of the system and the age of the system's various
parts; and
WHEREAS, the Planning Board has requested and the applicant
has agreed that the existing stockade fence identified on the
applicant's site plan as "to be removed" will not be removed but
rather will be relocated approximately two feet to the east, to a
position where it will form a continuation of the front (or
western) facade of the existing one-story concrete block garage
structure, and
WHEREAS, the Planning Board requested that all of the above
additions and modifications to the site plan be presented on the
site plan, but the applicant requested that these additions be
identified in a written signed document by the applicant rather
than on the site plan due to the cost of modifying the site plan,
and the Planning Board agreed to allow the substitution of a signed
2

�V

statement by the applicant identifying all of the above changes
with the exception of the requested lighting plan;
NOW, THEREFORE, BE IT RESOLVED, that said site plan
application and site plan drawings noted above be and hereby are
granted site plan approval and that the applicant may obtain the
endorsed approval of the Planning Board Chairman, or as an
alternate, the Village Administrator, on a copy of this plan
drawing revised as necessary to show compliance with the following
conditions, which endorsement shall permit filing in the offices of
the Village Building Department for purposes of obtaining a
building permit in accordance with this resolution and all building
code requirements, provided however that this approval shall expire
six (6) months from the date of this resolution if the following
modifications and conditions have not been completed to the
satisfaction of the Planning Board and the applicant has not
obtained a building permit:
1.

Lighting Plan - a detailed lighting plan showing the location,
inclusive of height, luminosity and direction of all proposed
and existing exterior lighting on the site and clearly
demonstrating that no glare from said existing or proposed
exterior lighting shall be evident to adjacent properties,
including adjacent public rights-of-way.

2.

A detailed written description of the planter boxes that will
be provided by the applicant along the interior of the site's
western property line. Two such planters shall be provided,
and said planters shall be no less than 2 feet deep, 18 feet
long and 3 feet high. Said planters shall be constructed in
such a manner as to be placed on the site permanently and
shall be located between the site's western property line and
parking spaces three and four.

3.

A signed written explanation of the petroleum recycling
program that is presently employed on the site and that will
be employed on the site in the future shall be provided to the
satisfaction of the Town Engineer.

4.

A written explanation of the existing pump system including
its various parts and the age of those parts shall be
provided.

/V/ft/ "7 I41Q
Date

€VU^^^M—^
E l l e n T s a n g a r i s Q-/
Planning Board Chairperson

500\not0-002.tg;cs

3

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                    <text>NORTH TARRYTOWN,N.Y.
JANUARY 18, 1990

REGULAR MEETING

A Regular Meeting of the Planning Board of the Village
of North Tarrytown was held on the above date.
PRESENT:

James Galgano, Chairman
Ellen Tsangaris
John O'Leary
Richard Ayers
Alan Kaplan
Roman Windas
Frank Rey

ALSO PRESENT:

John Hughes, Jr., Village Attorney

Chairman Galgano called the meeting to order at 8 P.M.
IMMACULATE CONCEPTION PROJECT - Discussion postponed.
ESTATE OF JOSEPH GAULIN SUB-DIVISION - 199 Webber Avenue
Chairman Galgano stated that a preliminary hearing on
the above topic was required to discuss the sub-division creating
an additional building lot.
After a discussion a Public Hearing for Sub-Division
was set for February 15th, 1990 on premises known and designated
on Village Tax Assessment Maps as Section 17, Block 3, Lot 14.
Chairman Galgano stated that the applicant should submit
topo and all pertinent information prior to the Public Hearing.
AMENTA PROJECT - PROFESSIONAL OFFICE BUILDING - Northeast Corner
of Broadway (Route 9) and Chestnut Street.
Mr. Wiedle presented a Final Resolution for Final Site
Plan/Sub-Division Approval for the Board's approval.
Mr. Gulino representing Charles Manganaro, Consulting
Engineers submitted memo regarding the above project. (Copy in
Official Minutes).
After a discussion Mr. Rey moved, seconded by Mr. Windas
that Final Site Plan be approved after review by Village Attorney.
Carried.
(Resolution in Official Minutes.)

�-2WAYNE JEFFERS, (UNCLE JERRY'S RESTAURANT) - 410 North Broadway
Mr. Wiedle presented a Pinal Site Plan Resolution for
the above project. (Copy in Official Minutes).
Mr. Donal Walsh representing Uncle Jerry and Mr. Jeffers
stated they were not asking for a "Canopy" at the present time
and the item should not be in the Final Site Plan Resolution and
thought that the sidewalk on Old Broadway would not have to be
installed, as previously agreed upon.
Mr. Walsh stated that if in the future they wanted a
"Canopy" they would request it.
Mayor Gandolfo stated the Village Board was in favor
of the installation of sidewalks on Old Broadway in front of the
planned restaurant.
They felt it would spruce up the corner and
would make it safer for pedestrians.
Mr. Gulino submitted a memo regarding installation of
oil/water separators in the storm drainage system.
Mr. Walsh stated they would comply with all requests
in the resolution.
After a discussion Mr. Rey moved, seconded by Mr. Windas
that a sidewalk be installed on Old Broadway. Chairman Galgano
polled the Board as follows:
Mr. Kaplan
- Yes
Mr! 0'Leary
- Yes
Ms. Tsangaris
- Yes
Mr. Ayers
- Yes
Mr. Windas
- Yes
"CARRIED."
Mr. Rey
- Yes
Mr. Walsh stated that Paragraph 4 on Page 8 and Paragraph
6.2 on Page 9 should be stricken from the final resolution.
After a discussion Mr. Windas moved, seconded by Mr.
Rey that Counsel Hughes be authorized to finalize Site Plan
Resolution incorporating all items discussed. Carried.
Mr. Walsh informed the Board that he would be coming
before the Board for approval of plans for "Domino's Pizza"
to be opened in the building owned by Luberger's on Valley
Street.
Mr. Walsh reported that Mr. Jeffers and Uncle Jerry
would apply for a Building Permit as soon as approval of the
Site Plan was received from the Architectural Review Board.

�-3Chairman Galgano stated that Board members had
received copies of the October, 1989 and December, 1989 minutes
and they would be approved at the February meeting.
HALPERN PROJECT- Discussion postponed.
There being no further business to come before the Board
Mr. O'Leary moved, seconded by Mr. Rey that the same be duly
adjourned.
Respectfully submitted,

Irene Amato/
Acting Clerk

�R E S O L U T I O N
PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION:

SITE PLAN APPROVAL
PROPOSED USE:
PLANNED COMMERCIAL DEVELOPMENT
GROUP;
EXISTING
GAS
STATION
IMPROVEMENT
WITH
RESTAURANT
ADDITION;
OWNER:
MR. WAYNE JEFFERS
LOCATION:
SOUTHEAST CORNER OF OLD BROADWAY AND
GORDON AVENUE;
ADDRESS:
410 NORTH BROADWAY
TAX MAP DESIGNATION:
SECTION 17, BLOCK 21,
LOTS 1-9 AND 109-112
ZONING:
C-l, HIGHWAY COMMERCIAL

WHEREAS, the Planning Board of the Village of North Tarrytown
has reviewed an application for site plan approval (the
Application) pursuant to Zoning Ordinance Article VIII, Site Plan
Review, Article VI, Section 62-19, Gasoline Service Station and
other requirements of the Village Zoning Ordinance considered
pertinent to the Application, which Application is to construct a
Planned Commercial Development Group, subject to the development
standards in the C-l Zoning District, including but not limited to:
Parking and Loading standards (Section 62-14E), Performance
standards (Section 62-16) and Site Plan Review standards (Section
62-29); and
WHEREAS, the site plan proposes the alteration, extension and
rehabilitation of an existing non-conforming gas station, the
conversion of currently unused automotive service bays and the
construction of an addition to said service bays so as to house a
proposed restaurant/delicatessen on the site supported by such
accessory and supplemental uses as parking, off street loading,
pedestrian facilities, utilities, signs, lighting, landscaping,
drainage and other supportive facilities and uses; and
WHEREAS, the Application is supported by a site plan
consisting of three sheets of drawings prepared by Badaly and
Badaly Architects, 559 Gramatan Avenue, Mount Vernon, New York
10552, more specifically identified as project #8922 and as
follows:
1.

Sheet A-l BIS, "Site Plan, Addition and Alterations to: 410
N. Broadway, North Tarrytown, New York1*, dated last revised
12/4/89;

2.

Drawing A-l, "Site Plan, Site Details'0, scale: As noted,
dated last revised 12/4/89; and
&gt;$,
v?V. •*

�3.

Drawing A-l TER, "Misceallanous (SIC) Notes and Details11,
scale: As noted, dated last revised 12/4/89; and

WHEREAS, the Application is further supported by a letter
dated 11/29/89 from Donal Walsh, Esq., agent for the Applicant,
addressed to F. E. Wiedle, Village Planning Consultant, which
letter contains ten (10) attachments relative to the subject
Application as follows:
*

Copy of EAF filed June 89 for site plan;

*

Copy of building permit application and denial;

*

Copy of ZBA hearing notice;

*

Copy of Zoning Board minutes;

*

Original receipt for site planning fees;

*

Correspondence from Village Engineer;

*

Copy of review memo by Frederick P. Clark Associates, dated
9/21/89;

*

Response to above review memo by Donal Walsh, Esq., dated
10/16/89;

*

Copy of letter to Planning Board Chairman James Galgano, dated
10/16/89, with attachments, and

*

Letter dated 11/27/89 from W. T. Jeffers, Applicant, to Donal
Walsh, Esq., responding to Planning Board requests, which
letter and attachment responds to numerous questions raised by
the Planning Board during the course of this review, and

WHEREAS, in the course of its review and acting as Lead Agency
in site plan review, pursuant to provisions of Article 8 of the New
York State Environmental Conservation Law (SEQR), the Planning
Board has made the following findings and caused, noted or
conducted the following activities:
1.

In addition to the above, the proposal involves the removal of
an existing gas fuel tank, the relocation of existing gas
pumps, the relining and modernization of the remaining gas
tanks and pumping system.

2.

While the Master Plan (Census Tract 116) of the Village of
North Tarrytown, dated April 1980, makes no specific
recommendations for xong range land use of the subject
property (and in fact, to the knowledge of the Planning Board,
said Master Plan was not officially adopted by the then
Planning Board), the subject property is nonetheless zoned so
2

�as to permit the uses proposed, albeit subject to the
standards and provisions of the Zoning Ordinance as noted
above. It should be noted, however, that although the Master
Plan focuses on Census Tract 116 (which does not include the
subject property) Figure 5 therein, the
recommended
Generalized Land Use Plan, recommends the subject property in
the "medium" to "low" density residential land use category;
It is also significant to note that the Master Plan (Page 19)
places heavy emphasis upon the importance of street
beautification and improvement for pedestrian safety, comfort
and general "usability" in all Village commercial areas.
(Also see Figures 10, 11 and 12, and Page 20 of the Master
Plan);
Paramount among the Purposes for zoning control as listed in
Section 62-2 of the Zoning Ordinance, is to:
"A. Promote orderly development.
To protect the
character and maintain the stability of residential,
business and industrial areas within the Village and
promote the orderly and beneficial development of such
areas.";
The Planning Board is well aware of a recent and growing
concern for and interest in the upgrading and improvement of
the Village commercial areas, and that the Village
administration has, in recent months, spent considerable
financial resources for studying and upgrading the physical
appearance and usability of the Village's commercial areas in
the interest of the health and welfare of its citizenry.
These studies have concentrated on (among other things) the
methods and opportunities for discouraging further expansion
and development of automotive related uses along the
Broadway/Route 9 corridor, for eliminating or phasing out such
automotive and automotive related uses and for generally
revitalizing the Route 9 corridor with commercial, retail and
office uses of a nature and character as to be more compatible
with the surrounding residential areas, with the various
public and semi-public uses and historic landmarks in
proximity thereto, and, in general, to be more "pedestrian
oriented" in nature;
The site of the proposed project lies abutting the south side
of and at the base of Gordon Avenue, which street provides the
only westerly access to a substantial and well maintained
residential neighborhood to the east. Gordon Avenue provides
direct access to North Broadway (Route 9) at what may be the
most historic portion of the Village - e.g., the Historical
Society of the Tarrytow^s Inc., the Old Dutch Church and
Burying Ground and the Sleepy Hollow Cemetery. Because of
this unique relationship of the site to its surrounding

3

�residential and historic area, its redevelopment could have a
profound effect and must be planned in careful detail so as to
compliment its residential and historical surroundings;
The subject property is the first commercial property one
encounters while traveling southbound on Route 9 into the
North Tarrytown central business district and as such helps to
establish the image and character of the central business
district;
The existing service station and proposal for redevelopment of
the site appears not to be in accordance with the requirements
of the following sections of the Zoning Code:
a.

Section 62-19A - The existing filling station is located
within 300 feet of a church, the Sleepy Hollow Cemetery,
Kingsland Point Park, the Historic Philipsburg Manor, the
Sleepy Hollow Restoration and another gas station;

b.

Section 62-19B(2) - The fuel tanks are located within 25
feet from the street line and within 15 feet of the side
lot line;

c.

Section 62-l9Bf3) - The fuel pumps are now and are
proposed to be relocated within 15 feet of the street
line;

d.

Section 62-19C - Surface drainage contaminated by
petroleum products is allowed to flow directly from the
site into two existing catch basins and directly into the
Pocantico River, less than 150 feet away;

e.

Section 62-19D - The Applicants have not shown the
arrangement of site drainage and flow patterns, nor have
they shown the relationship to public or quasi-public
uses;

f.

Section 62-8B - The proposed restaurant use is not
specifically listed as a permitted use within the C-l
District;

g.

Section 62-22A - The exit and entrance driveways are now
and are proposed to be more than 25 feet wide along the
streetline on both Old Broadway and Gordon Avenue;

h.

Section 62-22B - The entrance and exit driveway to the
proposed restaurant parking is less than 15 feet from the
side lot line on Old Broadway;

i.

Section 62-22C - The entrance and exit driveways to the
gas service station are located less than 25 feet from

4

�the corner of the intersecting streets of Gordon Avenue
and Old Broadway.
With respect to the foregoing numbered finding, the
Application has received area variances from the Zoning Board
of Appeals for items a through f as listed above, but has not
received variances for items g through i, and it is the
opinion of the Village Attorney that the site plan can be
approved by the Planning Board with conditions which adjust or
modify items g through i or, in the alternative, if the
Applicant revises the site plan so as to comply with the
requirements of items g through i;
Among the
following:

requirements

for

site plan

approval

are

the

a.

Section 62-30D - No site plan shall be approved by the
Planning Board until same has been reviewed and approved
by the Village Engineer with respect to the adequacy of
proposed facilities for sewerage and for the drainage of
stormwater;

b.

Section 62-30F - No site plan shall be considered for
review by the Planning Board until the Applicant for such
site plan review submits along with the site plan the
required fees for such review, which shall include a site
plan fee, a parking space fee and, if said application is
referred
to designated
Village
consultants, the
consultant's review fee; in addition, SEQR review fees
may be required;

At the Planning Board's request, the Applicant has engaged a
professional engineer who has inspected the rock outcroppings
above and immediately to the north and south of the subject
building and proposed construction, for structural integrity,
and said engineer has recommended both immediate and long term
procedures to ensure the safety of patrons and other users of
the site, including the removal of portions of the rock as
noted in an Inspection and Engineer Report dated November 10,
1989, which report includes, at the request of the Planning
Board, certain certifications by Professional Engineer Michael
Sterlacci, and dated November 30, 1989;
Requested and received a short Environmental Assessment Form
(EAF), dated 6/28/89 (2 pages);
Caused field inspections to be made of the of the subject
property and surrounding areas and received recommendations
including, most recently, the Village Police Chief who, by a
letter dated 12/6/89 addressed to the Planning Board Chairman
James Galgano, concluded:
1.

No sidewalk need be installed along Old Broadway.
5

�2.

No sidewalk need be installed along Gordon Avenue from
the easternmost curb cut to the property border.

3.

There would be no public safety detriment if sidewalks
are required for aesthetic purposes.

4.

A wider curb cut on the Gordon Avenue side (in the 40
foot + length) should be permitted (on that side only)
and is needed due to the size of delivery trucks which
will generally enter both "straight in" on Gordon Avenue
and will permit easier traffic flow from the pumps to the
street.

5.

In addition to recommending not requiring sidewalks and
the larger curb cut, two additional site plan concerns of
the Chief are:
a.

The corner of Old Broadway and Gordon Avenue should
be "built up" so that "...the corner will not be
•cut1 by motor traffic and the property border will
be clearly delineated"; and

b.

"The Planning Board should recommend to the Board
of Trustees that the corner of Gordon at Old
Broadway should have a 'no right on red1 sign
facing traffic heading west on Gordon, as this will
solve the tendency of drivers to attempt forced
mergers into rapidly moving Route 9 traffic
northbound.

Received a letter, dated December 14, 1989 from the Village
Administrator, on behalf of himself and the Village General
Foreman, strongly disagreeing with the opinion of the Village
Police chief as to the value of sidewalks in relation to the
subject development, which letter states in summary:
1.

Sidewalks are important and are recommended for safety,
convenience and aesthetic purposes, to wit: Sidewalks
clearly separate pedestrian walking areas from vehicle
maneuvering areas, thus offering a modicum of safety;
sidewalks and concrete curbing are particularly helpful
adjacent to restaurants where pedestrains walk to and
from their parked vehicles; the Gordon Avenue sidewalk
may ultimately be extended from Holland Avenue along
Gordon.

Noted that the Applicant and his agents have been responsive
and cooperative throughout the Planning Board's review of this
project, amending the site plan and augmenting its details as
requested during the review process; and

6

�WHEREAS, on the basis of the above findings and activities and
acting as Lead Agency in this site plan review action pursuant to
SEQR, the Planning Board hereby declares the site plan review to be
an Unlisted Action, has taken a "hard look" at the impact of the
project upon the Village and hereby issues a Negative Declaration,
conditioned upon compliance with the following conditions;
NOW, THEREFORE BE IT RESOLVED, that said site plan application
and site plan drawings noted above, be and hereby are granted site
plan approval and that the Applicant may obtain the endorsed
approval of the Planning Board Chairman, or his designated agent,
as authorized by the Planning Board, on a copy of this resolution
and upon the site plan drawings, as and when revised as necessary
to show compliance with the following conditions, which endorsement
shall permit filing in the Office of the Village Building
Department for purposes of obtaining a building permit in
accordance with this resolution and all building code requirements,
provided, however, that this approval shall expire one (1) year
after the date of this resolution if the following modifications
and conditions have not been completed to the satisfaction of the
Planning Board and the Applicant has not obtained the required
building permit or permits for construction in accordance with the
approved plan(s):
1.

Location: Show the location of both sides of the Pocantico
River (including the bridge) and of Old Broadway where both
are adjacent to the subject site, including the existing
sidewalks on the bridge and on the west side of Old Broadway.

2.

Unstable Rock: Revise the site plan(s), by appropriate notes
thereon or revised drawings or illustrations or written
statements as follows:
2.1

3.

The identified weakened unstable rock, as identified in
the professional engineer's report noted above, shall be
removed prior to the issuance of a Certificate of
Occupancy.

Off Street Parking and Loading:
3.1

On-site occupancy shall be limited to 32 seats (as noted
on the site plan) and off-street parking spaces shown and
noted as #1 through #7 shall be devoted thereto. Off
street parking spaces noted as #8 through #13 shall be
devoted and/or designated for employees and customers of
the gas station and restaurant. Parking spaces shall be
a minimum of 9 feet wide by 20 feet in depth, except for
parking space #1, which shall meet "handicapped" width
requirements.

7

�3.2

Upon consultation with the Village Attorney, the access
to parking spaces #1 through #10 is hereby approved,
subject to other conditions of this resolution, and the
requirements of Zoning Ordinance Section 62-14,C are
hereby waived to that shown on the subject site plan due
to the exceptional topographic conditions of the site as
noted above and due to other extraordinary and
exceptional conditions pertaining thereto.

3.3

The Zoning Ordinance requirments of Sections 62-22A, B,
and C as noted in Subsections 8(g) (h)(i) of this
resolution are hereby waived and modified to the extent
shown on the site plan as approved and modified by the
herein conditions due to the unique physical conditions
of the site and in consideration of the overall benefit
which the site improvement will have upon the
neighborhood and the Village.

3.4

The entire vehicle parking, loading and circulation area
shall be resurfaced with asphaltic material and all
parking and loading spaces shall be striped or marked off
at dimensions noted in the Zoning Ordinance (See Zoning
Section 62-14D(4)).

3.5

All parking areas shall be contained with poured-in-place
reinforced
curbing at construction
specifications
approved by the Village Engineer. The proposed concrete
curbing required by Zoning Section 62-22C shall be
extended approximately 10 feet easterly along the edge of
pavement of Gordon Avenue, so as to comply with the
required minimum of 25 feet from the street intersection.
The curbs shall be augmented so as to create a fully
curbed 3 foot wide (inside dimension) planter along its
entire length. So as not to impede sight distance, the
proposed pear tree shall be relocated on the site and the
planter shall be planted with a low growing, drought
tolerant shrub such as juniper and maintained in a
healthy growing condition at a height no greater than 3
feet above adjacent ground level, and the landscape plan
element shall be revised to reflect the above.
In
addition, the proposed curb at the southerly end of the
site adjacent to parking space #10 shall be extended
approximately 17 feet in an easterly direction, thence
approximately 17 feet in a northerly direction along the
easterly edge of parking spaces #9 and 10 until such
curbing merges with the exposed rock face in that area,
so as to control erosion and siltation.

Utilities: The site plan has been amended to show utility
lines as requested by the Planning Board. Storm drainage,
water supply and sewage disposal facilities shall be approved

8

�in writing on the site plan by the Village Engineer, including
but not limited to the following:

5.

4.1

Stormwater runoff provisions shall comply with
Village policy of "0" increase in rate of runoff.

4.2

The Applicant shall submit a written report, with backup
calculations to the satisfaction of the Village Engineer,
indicating the intention to provide adequate fire flow,
water supply and water pressure for the site development.
(Zoning Section 62-30D).

4.3

All recommendations submitted in writing by the Village
Engineer in letters dated 12/13/89, and those letters
submitted previously by the Village Engineer pertaining
to this site plan shall be complied with, including but
not limited to the provision of oil separators at
appropriate locations in the storm drainage system.

frindscapinq.

the

Open Space and Buffers. Sidewalks. Signs and

lighting;
5.1

That portion of the site lying east of the major rock
cliff base, as noted on the site plan, shall be labeled
and maintained as "permanent open space". This permanent
open space shall be cleaned and maintained free of trash,
refuse, junk, garbage, loose rock and rock formations
considered in the opinion of a professional engineer to
be unstable either now or in the future, dead or dying
trees shall be removed, all as recommended, but not
limited to the Inspection and Engineering Report and
professional engineer's certification, dated November 10,
1989 and prepared by the Environmental Consulting Group,
Inc. and signed by Edward A. Walsh and Michael R.
Sterlacci, P.E. Upon written agreement of the Applicant,
the permanent open space area and its continued
maintenance as noted above, shall be deemed to meet the
requirements of a buffer area as noted in Section 62-9C
of the Zoning Code.

5.2

Sidewalks:
For safety and convenience purposes, the
Applicant shall provide a 4 foot wide recessed concrete
sidewalk along Old Broadway across the entrance to
parking spaces 1 through 10.

5.3

Signs:
All exterior signs shall be designed and
constructed so as to reflect the historic and residential
character of the neighborhood. All exterior signs shall
be reviewed and approved by the Village Architectural
Review Board (ARB). All recommendations of the ARB shall
become conditions of this Planning Board resolution of
site plan approval. Any and all existing signs or
9

�outmoded or disfunctional structures or facilities on or
adjacent to the site which are considered to be a safety
hazard or nuisance by the Building Inspector shall be
removed or relocated to an appropriate location.
5.4

Lighting;
Site lighting shall be revised so as to
reflect the historic residential character of the
neighborhood, such as traditional "post and crown"
lighting recommended in the Village Master Plan (see Fig.
11) and as exists on the adjacent bridge across the
Pocantico River to the north, which lighting shall be
approved by the Village Architectural Review Board. At
least six (6) such post and crown light fixtures shall be
provided on the site to replace the proposed contemporary
light pool designated on the site plan detail sheet and
in such recommended locations as: Adjacent to parking
spaces #1 and #10, two such lights in front (or on the
westerly side of) the existing and proposed restaurant
buildings, and two such lights along Gordon Avenue (one
at the easterly end of the concrete planting island and
one at the easterly side of the Gordon Avenue driveway
entrance).

Pollution Control:
6.1

6.2

6.3

6.4

The procedures proposed for control of petroleum products
spillage and other pollutants, particularly as they may
filter into the groundwater and into the Pocantico River,
as outlined in response item #2 of a letter dated October
16, 1989 prepared by Donal Walsh, Esq. to James Galgano,
Chairman of the Village Planning Board, shall be reviewed
and approved by the Village Engineer.
The proposed restaurant exhaust system shall be approved
by the Village Building Inspector, in conjunction with
other requirements of the Village Building Code, and said
exhaust system shall be designed so as to achieve a
"clean air" exhaust, free of observable odors.
The Applicants shall provide oil separators to be placed
in the adjacent catch basins or in other locations to the
satisfaction of the Village Engineer.
The Applicants shall meet all requirements for removal
and closure of the fuel tanks to be removed in accordance
with NYSDEC and State and Federal regulations.

Miscellaneouss
7.1

The site plan shall be referred to the Village
Architectural Review Board and said Board's written
recommendations regarding their specific concerns shall

10

�be a condition of this site plan and resolution of
approval.
7.2

This resolution shall be noted on the site plan.

7.3

The Applicant shall submit payment of all Application
review fees as noted and required in Section 62-30 (F) of
the Village Zoning Code, as approved by the Village
Attorney.

7.4

All elements of this approved site plan shall be
completed to the satisfaction of the Village Building
Inspector within a period of 18 months from the date of
the issuance of a building permit and prior to the
issuance of a Certificate of Occupancy. The Planning
Board may issue an extension of this time limit, or may
modify any of the above conditions with respect thereto
for good cause.

7.5

The Planning Board reserves the right to make a final
field inspection of the project after construction of the
facilities, upon notice by the Building Inspector but
before the issuance of a Certificate of Occupancy. The
purpose of this final inspection is to review the
development and to require any modifications to parking,
landscaping, signs, drainage, access, paving and other
site plan details, "as built" drawings of same, which do
not comply with the approved plan. The Applicant shall
maintain all elements of the approved site plan,
including landscaping, in a neat and healthy condition so
as to retain an approved Certificate of Occupancy.

7.6

Prior to the issuance of a Certificate of Occupancy, the
Applicant shall submit to the Village Building Inspector
a mylar reproduction of the site plan, complete with the
certification of a professional architect and/or a
professional engineer attesting to the construction of
the site plan and its improvements as shown thereon.

7.7

Any proposed changes or alterations to the subject
property beyond those specified on the cited plans and in
this resolution, including but not limited to the
construction of a canopy over the fuel service area,
shall require a new application to be filed for site plan
revision by the Planning Board.

11

�Panning Board Chairman
FEW:rr
notO-002.few
12/20/89
12/27/89
1/17/90
2/8/90

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                    <text>A regular meeting of the Planning Board was held on Thursday,
April 19, 1990 at 8:00 PM in Village Hall, North Tarrytown, New
York.
Present:

Ellen Tsangaris, Chairperson
James Galgano
Roman Windas
Steve Badgerian
Alan Kaplan
Richard Ayers

Also Present:

John J. Hughes, Village Attorney
James Margotta, Building Inspector
Daniel Wery, Engineer, Clarke Associates
Joseph A. Gulino, Manganaro Consulting Engineers
Francesca Lorenz, Recording Secretary

Meeting was called to order at 8:15PM.
A motion to approve the March 15 , 1990 Minutes was made by James
Galgano and seconded by Ray Windas. Motion pass unanimously.
IN THE MATTER OF TORNELLO GAS STATION. NO. BROADWAY. NEW YORK
This was a continuation of a preliminary hearing.
Mr. Tornello appeared before the Board and stated all variances
were approved by the Zoning Board.
He plans to renovate the
present station by adding canopies over the gasoline pumps and
updating the pumps to meet NYS standards and will be adding a
three sided sign.
He will also provide shrubs and evergreen
trees to match the size of the trees planted by the Horseman Restaurant on Hudson Terrace.
Ray Windas made a motion to call for a Public Hearing for site
plan approval with drawings to be held May 17th, 1990.
Mr.
Kaplan seconded motion, motion passed unanimously.
IN THE MATTER OF THE IMMACULATE CONCEPTION CHURCH.
STREET. NORTH TARRYTOWN. N.Y.

DEPEYSTER

Mr. John Nolan, of Nolan Associates appeared before the Board and
stated that the Zoning Board had approved all required variances.
He also stated that because of the long process of getting approvals from the Village of North Tarrytown, they were having
difficulty with financing the project.
Mr. Windas noted that although the Zoning Board may have approved
variances, he was not sure the the drainage problems were adequately addressed. At the point, Mr. Guliano of the MANCE Engineers stated that a "perculator" test should be performed
before the issuance of a Certificate of Occupancy.

9

�A Draft of the Resolution granting Site Plan Approval was read
aloud by the Village Attorney and some changes were made. A
final draft of the resolution of site plan approval will be completed by Frederick P. Clarke Associates.
(A copy of the new resolution is attached for review).
Mr. Alan Kaplan made a motion to approve the resolution for site
plan approval with changes, seconded by Mr. Ray Windas. Motion
passed unanimously.
A resident, Mrs. Washburn, asked if the bat problem would be
resolved before construction work was started. Mr. Windas assured her that the problem would be addressed.
Meeting adjourned 9:35 PM
Respectfully submi/tted,
Trancesca Lorenz
&amp;
Recording Secretary

fl
enc.

10

�Frederick P. Clark Associates. Consultants
Planning, Devetopment/Environmenl/Transportation
Rye. New York and Southport. Connecticut

Frederick P Clark (7909-1968)
David J Ponman. AK:P
Frederick E Wiedle. MCP
Howard I Reynolds. P£

350 Theodore Fremd Avenue
Rye. New York 10580
(914)967-6540
FAX (914)967-6615

April 20, 1990

Mr. John Hughes, Jr.
Village Attorney
Village Hall
North Tarrytown, New York 10591
Dear John:
Please find enclosed the final draft of the resolution of site plan
approval revised as adopted by the Planning Board at the April 19,
1990 meeting.
Sincerely,

Daniel K. Wery
Associate Planner

S00\not0-004.dkw:rr

�RESOLUTION
Adopted at the April 19, 1990 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTION:

SITE PLAN/BUILDING CONVERSION AND REDEVELOPMENT
PROPOSED: 6 UNITS OF APARTMENTS
OWNER:
IMMACULATE CONCEPTION CHURCH
LOCATION: DEPEYSTER STREET
TAX DESIGNATION: SECTION
, BLOCK 15, LOT 3
ZONING:
R-5 RESIDENTIAL

WHEREAS, the Planning Board of the Village of North Tarrytown
has reviewed an application for site plan approval pursuant to
Zoning Ordinance Article VIII for the redevelopment of an existing
building located on the south side of Depeyster Street, which
building is to be converted from an unused church building to six
residential units, including related off-street parking, buffer
landscaping, storm drainage and other supporting utilities and
facilities, on a site approximately 11,527 square feet in size, as
shown on one sheets of drawings prepared in the offices of Duo
Dickenson Architect, and identified as follows:
1.

"Proposed Redevelopment of the Immaculate Church Building",
last revised 4/12/90; and

WHEREAS, in the course of its review and acting as Lead Agency
pursuant to provisions of Article VIII of the Environmental
Conservation Law, the Planning Board has made the following
findings and caused, noted or conducted to the following
activities:
1.

Received an application fee of $370;

2.

Caused field inspections to be made of the property and the
review of the surrounding area;

3.

Conducted or caused field inspections to be made of the site
so as to ascertain field conditions and determine that:

4.

3.1

The site contains an existing nonconforming building with
regard to front and side yard setbacks;

3.2

The site is essentially flat and contains a large black
oak tree with an approximately diameter breast height of
50 inches;

3.3

The existing large black oak tree is a specimen tree in
the Village of North Tarrytown worthy of protection.

Requested and received reports from Village authorities and/or
the Applicant on such matters as tree preservation techniques.

�water, sewage disposal, storm drainage, fire safety, traffic
impact and access safety.
5.

Referred the development proposal to the Westchester County
Department of Planning pursuant to Sections 239 L, M, and N of
the General Municipal Law.

6.

Acting as Lead Agency, requested, received and reviewed an
Environmental Assessment Form (EAF) in compliance with SEQR.

7.

As Lead Agency for site plan in the Village of North
Tarrytown, the Planning Board, after review of said field
conditions, recommendations and environmental assessment form
as well as other matters noted above, has determined that the
proposed action is an Unlisted Type and hereby issues a
"Negative Declaration" determination of nonsignificance and
environmental impact for this Unlisted Action; and

WHEREAS, the site plan proposes the creation of a parking area
for ten new parking spaces, the removal of an existing detached
garage, several new entrances to the existing building, a proposed
drainage system for the site and the protection of the large black
oak tree; and
WHEREAS, the Applicants received variances from the ZBA on
August 16, 1989 because the existing building does not comply with
the front, rear and side yard setbacks;
WHEREAS, the site has been visited by the Village's Planning
Consultants and Engineering Consultants and the Planning Board is
thoroughly familiar with the site and all aspects of the proposed
project; and
WHEREAS, in a letter dated August 17, 1989 from John R. Nolan
to the Planning Board, special provisions the preservation and
protection of the specimen tree on-site were outlined; and
WHEREAS, a duly advertised public hearing was held at the
Village Hall on 8:15 PM on September 21, 1989 at which time those
wishing to be heard were given the opportunity to be heard and the
public hearing was adjourned on that date; and
WHEREAS, the Planning Board has requested, received and
considered comments from the Village Planning Consultants, the
Village Engineering Consultants, Building Inspector and concerned
neighbors about the proposed project; and
WHEREAS, the Applicants have revised the proposed plans
numerous times to comply with the comments which have been made
about the project; and

2

1

�WHEREAS, in the opinion of the Planning Board, the Applicant
has complied with the Village's development regulations except as
maybe noted below;
NOW, THEREFORE BE IT RESOLVED, that said site plan application
and site plan drawings noted above be and hereby are granted site
plan approval and that the Applicant may obtain the endorsed
approval of the Planning Board Chairman or, as an alternate, the
Village Administrator, on a copy of this site plan resolution and
upon the final mylar copy of the site plan drawing revised as
necessary to show compliance with the following conditions, which
endorsement shall permit filing in the offices of the Village
Building Department for purposes of obtaining a building permit in
accordance with this resolution and all building code requirements,
provided, however, that this approval shall expire twelve (12)
months from the date of this resolution if the following
modifications and conditions have not been completed to the
satisfaction of the Planning Board and/or the Applicant has not
obtained a building permit:
1.

Use - The site plan is approved for a maximum of six units of
housing as shown on the site plan. Accessory uses shall be
those permitted in the Zoning District within which the
property is located.

2.

Utilities - Storm drainage, water supply and sewage disposal
shall be approved by the Planning Board or its design
engineering representative of the Planning Board:
2.1

Stormwater runoff shall comply with the Planning Board's
policy of "zero" increase in rate of runoff.

2.2

The Applicant shall submit a written report, with backup
calculations indicating his intentions to provide
adequate fire flow, water supply and pressure for the
site.

2.3

The Applicants shall designate
basins as approved.

2.4

All utilities, including conditions noted above, shall be
reviewed and approved by the Planning Board or its
designated Engineering Consultant.

its stormwater

catch

3.

Landscaping - All landscaping shown on the site plan shall be
maintained in a healthy growing conditions and as otherwise
specified on the site plan so as to maintain the certificate
of occupancy.

4.

Exterior Lighting - All exterior light structures shall be
screened so as to prevent glare upon adjacent properties.

3

�All driveways and parking
reinforced concrete curbs.

areas

shall

be

contained

by

Review Fees - The Applicants shall pay to the Village of North
Tarrytown:
6.1

An inspection fee for construction inspection of the
proposed site plan to include buildings, drainage system,
sewage, landscaping, lighting and other site plan
elements for compliance with the approved site plan in
accordance with the Village of North Tarrytown Zoning
Code.

6.2

A recreation fee of $1,000 per dwelling unit, or $6,000,
for the acquisition or maintenance of recreational
facilities in the vicinity of the project and available
for use by occupants of the housing facility.

The site plan should be submitted for the review and approval
by the Westchester County Health Department, if required. The
plan should be revised to specify whether the existing sewer
connection is to a Village lateral or a County trunk line.
The Applicants shall demonstrate to the satisfaction of the
Village Engineer and Building Inspector that the existing
connections are adequate to accommodate the six residential
units or are satisfactorily improved to effect same.
Drainage for the proposed parking lot shall be prepared to the
satisfaction of the Village Engineer. The site plan shall
indicate the connection of the drain in the proposed entry
court to the larger drainage system for the parking lot.
Prior to issuance of a building permit, the Applicant shall
receive approval from the Village Architectural Review Board.
The date of this resolution shall be noted on the site plan.
The Applicant shall submit payment of all application review
fees as noted and required in Section 62-30(f) of the Village
Zoning Code, as approved by the Village Attorney.
All elements of this approved site plan shall be completed to
the satisfaction of the Village Building Inspector within a
period of 18 months from the date of the issuance of building
permit or prior to the issuance of a certificate of occupancy.
The Planning Board may issue an extension of this time limit,
or may modify any of the above conditions with respect thereto
for good cause.
The Planning Board reserves the right to make a final field
inspection of the project after construction of the
facilities, upon notice of the Building Inspector but before

4

�the issuance of a certificate of occupancy. The purpose of
this final inspection is to review the development and to
require any modifications to parking, landscaping, signs,
drainage, access, paving and other site plan details, N as
built" drawings of sane, which do not comply with the approved
plan and other site plan details in the interest of safety,
convenience and enjoyment and peace and quite of adjacent
neighbors and aesthetics. The Applicants shall maintain all
elements of the approved site plan, including landscaping in
a neat and healthy condition so as to attain and approve a
certificate of occupancy.
Prior to obtaining a building
permit, four (4) copies of this final site plan as revised to
meet the above conditions, shall be submitted to the Planning
Board office for final approval. This final site plan review
shall be accomplished by the Village Engineering Department or
Consultant and shall incorporate all applicable conditions of
this resolution and the construction standards of the Village
of North Tarrytown as they say be appropriate.
14.

Prior to the issuance of a certificate of occupancy, the
Applicants shall submit the Village Building Inspector a mylar
reproduction of the site plan complete with a certification of
a professional Architect and/or a professional Engineer
attesting to the construction of the site plan and its
improvements as shown thereon.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

By^^^^\1^UU^Chairman

(j

Date /l/lfa H

&lt;^_)

|

500\not0-00S.dku:rr
4/20/90

5

\fiO

�Approved
and form
Approved with
with respect
Respect to
to substance
J
Village Attorney *
Dated
i-rAtUpn^WO

Approved by the Planning Board of Appeals
Chairman or Acting Chairn(aji
Dated

F i l e d with Deputy Clerk
] l e r k OK Deputy Clerk
Clerk

Dated:

sJjl,N0

Date o f Meeting

MARCH 15, 1990

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                    <text>NORTH TARRYTOWN, N.Y.
March 15, 1990

REGULAR MEETING

•

A Regular Meeting of the Planning Board of the Village of
North Tarrytown was held on the above date.
PRESENTL

James Galgano, Chairman
John O'Leary
Richard Ayers
Roman Windas
frank Rey

ABSENT:

Ellen Tsangaris
Alan Kaplan'

ALSO PRESENT:

John J. Hughes, Jr., Village Attorney

Chairman Galgano called the meeting to order at 8 P.M.
WALTER LUBERGER ESTATE-143 VALLEY STREET-EXTENSIVE RENOVATION
TO BUILDING FOR DOMINO'S PIZZA.
Chairman Galgano stated that a Preliminary Hearing on the
above topic was required to discuss the renovation to the former
Stiloski Liquor Store.
Mr. Donal Walsh, representing the Luberger family,
presented a check in the amount of $310.00 in payment of
Planning Board Application Fee. He stated it was the purpose
z-f the Luberger family to rehabilitate the present building
and informed the Board of the history of the property.
After a discussion Mr. O'Leary moved, seconded by Mr.
Windas that the matter be referred to the Zoning Board for action.
CARRIED.
Mr. Joseph Gulino, representing CAMCE, Consulting
Engineers for the Village, presented a memo outlining their
recommendations concerning Site Plan Information, Non-conforming Use,
Parking, Refuse Dumpster. (COPY IN OFFICIAL MINUTES).
Frederick P. Clark Associates presented a memorandum
outlining their recommendations concerning Site Plan Information,
^Nonconforming Use, Parking and Refuse Dumpster. (COPY IN OFFICIAL
MINUTES).
JAMES YOSIFIDES, 60 BEEKMAN AVENUE - FIRE REPAIRS TO THE RESTAURANT
AND SECOND FLOOR APARTMENT.
Chairman Galgano stated this was a Preliminary Hearing
en the above matter.
•

Mr. Barstow, Architect
submitted plans and applied for
^y the Building Inspector. The
-hat plans were to be submitted

for Mr. Yosifides, stated he had
a Building Permit which was denied
Building Inspector informed him
to the Planning Board.

�s
-2He felt this was not necessary as the building has not
sustained over 50£ damage.
Frederick Clark Associates submitted a memorandum
regarding the rehabilitation of 60-62 Beekman Avenue regarding
Site Plan Approval, Non-Conforming Use and Parking. (COPY IN
OFFICIAL MINUTES).
Mr. Gulino presented a memorandum regarding the
renovations whichJLncluded their recommendations concerning water,
sewage, storm drainage. (COPY IN OFFICIAL MINUTES).
Mr. Hughes stated that he would consult with the
Building Inspector regarding the recent Local Law concerning
"Site Plans".
After a discussion, Mr. Windas moved, seconded by Mr.
O 'Leary that the matter be referred to the Building Inspector and
that he issue permits as needed. CARRIED.
EARL &amp; MARIE JOYNER - 17-21
PUBLIC HEARING.

CLINTON STREET - FINAL SITE APPROVAL

The Clerk read the Public Notice to hear and consider an
application of Earl C. &amp; Marie Joyner for Final Site Plan approval
of plans for property located at 17-21 Clinton Street, North
Tarrytown, N.Y. known and designated on Village Tax Assessment
Map as Section 16, Block 8, Lots 26 &amp; 28.
Chairman Galgano asked if there was anyone present
who would like to address the Board on the above matter.
Robert Stanziale, representing the Joyners stated that
all recommendations of the Board had been responded to, as well
as chose presented by Frederick Clark Associates and CAMCE.
Mr. Gulino stated that he had just received a copy of
the Final Site Plan, and presented a memo relating to the
proposed conversion and construction on the property at 17-21
Clinton Street. (COPY IN OFFICIAL MINUTES).
Frederick Clark Associates presented a memo regarding
Site Plan with their recommendations regarding Retaining Walls,
Lighting Details, Fencing and Construction Details. (COPY IN
OFFICIAL MINUTES) .
There being no further comments Mr. Rey moved, seconded
by Mr. 0'Leary that the hearing be closed. CARRIED.
After a discussion, Mr. Hughes was instructed to prepare
the formal resolution to be adopted at the next meeting.

�-3Mr. O'Leary moved, seconded by Mr. Windas that the
Minutes of the february 15, 1990 meeting be approved as submitted
CARRIED.
MISCELLANEOUS
Mr. Rey stated that the Rodrigues Project on Valley
Street has been at a standstill for sometime, and felt that Mr.
Rodrigues should be asked to come before the Board and give an
up-date. He stated that contractors should be required to submit
a Performance Bond to insure that the projects are completed.
There being no further business to come before the
Board, Mr. O'Leary moved, seconded by Mr. Windas that the
meeting be adjourned. CARRIED.
Mr. Galgano stated that the next meeting of the Board
would be held on April 19th, 1990.
Respectfully submitted,

Irene Amato
Acting Clerk

�Approved with resn^ct to substance and form
Vill
Dated:

oved by the PI
ian 'or Acting Chaiptfaln

&lt;ty?tf^f&amp;/&gt;
F i l e d w i t h Deputy Clerk
dfcjDr Deputy Clerk
e4«r3fcjDr
Dated:
^//(c/cjo

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*

A regular meeting of the Planning Board was held on Thursday,
February 15, 1990, 8:00 PM in Village Hall, North Tarrytown, N.
Y.
Present:

James Galgano, Chairman
Ellen Tsangaris
Richard Ayers
Ray Windas
Frank Rey

Also Present: Daniel K. Wery,Consultant, Frederick P. Clarke
Associates
Joseph Gulino, Consultant, CAMCE
Absent:

John O'Leary
Alan Kaplan

Meeting was called to order at 8:10 PM.
IN THE MATTER OF THE GAULIN SUBDIVISION. 199 WEBBER AVENUE, NORTH
TARRYTOWN.
The hearing was held for final site plan approval.
The public notice was read aloud by the recording secretary.
Mr. Wayne Martell, attorney for
his client was seeking to make
sion to create an additional lot
dwelling. The new lot will meet
the Village.

the Gaulin estate stated that
one lot into a two lot subdivifor the erection of a one family
all the zoning requirements of

He also stated that there were sufficient water and sewer lines
to accommodate one additional home in that area and that this new
dwelling would not have any adverse effects to the surrounding
area.
Mrs. Garrity, who is purchasing the existing house, asked the
Board if 15 ft requirement for the side yard be on her side, so
that both houses are not too close together. Mr. Windas stated
that her request would be included in the final resolution for
approval of the subdivision, to be prepared by the consultants.
Mr. Windas asked that Mrs.
record.

Garrity's name be taken for the

A motion was made by Mr. Windas that as "a friend of the court",
the Board supports Mrs. Garrity's request to have as much distance between the proposed new dwelling and the house she is purchasing.
')

6

�Mr. Dan Wery of Clarke Associates advised the Board that there
could be a considerable amount of water shed due to the property
decline and made several suggestions for better drainage.
Mr. Frank Rey moved that the comments of the consultant be included in the provisions of the resolution concerning construction on the newly subdivided building lot.
Ray Windas moved to close the public hearing and seconded by
Frank Rey. Motion carried unamiously.
Mr. Galgano read aloud a note from Village Attorney John Hughes
and stated that he felt the subdivision could be approved
tonight.
Mr. Windas made a motion to approve the subdivision of the lots
with notes 1) granting the request subject to the consultants'
suggestions and
2) considering the neighbor's request for distance between the
building lots.
Motion was seconded by Frank Rey.
Motion
carried.
A final resolution will be prepared.
IN THE MATTER OF THE JOYNER SUBDIVISION, 21 CLINTON STREET. NORTH
TARRYTOWN. N. Y.
This is a continuation of discussion from a previous meeting.
Mr. Robert Stanizale, architect, and George Turpee represented
the Joyners.
Mr. Galgano read a note from Village Attorney John Hughes who
stated that the Board could direct to have a resolution prepared
to approve the subdivison.
Mr. Galgano stated that he understood the Joyner project had been
before the Zoning Board and was granted the required variances.
A number of questions were brought up by the Board as to easements, location of the proposed buildings on the lots and the
comments of the consultants. (Copy attached).
At this point, Mr. Turpee , attorney for the Joyners, stated that
he had just received the comments of the consultants and did not
have sufficient time to review them.
Mr. Galgano addressed the consultants and asked if there was any
way the Board could receive their comments at least two weeks in
advance of the Planning Board meetings so that they could be
properly prepared at the meetings.
Chairman Galgano suggested that the discussion be continued at
the next meeting and a public hearing be held at that time. Mr.
Margotta replied that he would make the arrangements for the
public hearing.
7

�IN THE MATTER OF THE OLIVEIRA AND GASPAROVIC SUBDIVISION. 304
GORDON AVENUE. NORTH TARRYTOWN. N.Y.
This was a continuation of the preliminary hearing held by "the
Planning Board.
Both Mr. Durafete and Mr. Gasparovic addressed the board along
with the architect, Julius Twine.
After a very long discussion concerning easements and property
lines and sales of property, and reviewing the comments from the
consultants (copy enclosed), it was decided to table any further
discussions until they went before the Zoning Board with completed plans for any type of development for the property.
A motion to adjourn the meeting was made by Frank Rey,
by Ray Windas.
Meeting adjourned at 9:55 RPM
Respectfully submitted,

A * du, &lt;^J^y)&lt;fl^Francesca Lorenz
Recording Secretary

fl
encl.

8

seconded

�Rav windas

moved, seconded by

Frank Rey

and unanimously carried that the following resolution be adopted
as read:
WHEREAS, this Planning Board, on the application of
Estate of Joseph Gaulin
Name of Applicant

• , did on

February 15, 1990
Date

grant permission for a subdivision of their property
located at

3,99 Wfihhflr Avenue

North Tarry town i N» Y. 10591

Section

17

, Sheet

, Block

3

, Lot 14

; and

WHEREAS, the aforesaid subdivision permits the
development of u s e s that are i d e n t i c a l t o t h o s e p r e v i o u s l y permitted, i n that the action did not provide
f o r any change of zone, or approval of s i t e plan;

and

WHEREAS, the property contains no s t r u c t u r e or
area that i s l i s t e d or e l i g i b l e t o be l i s t e d on the
Federal Register of Historic Places or d e s i g n a t e d by
t h e l o c a l H i s t o r i c Architectural Review Board a s an
h i s t o r i c landmark or d i s t r i c t and the s a i d s u b d i v i s i o n
complies with a l l r e g i o n a l , s t a t e and l o c a l land use
plans;

�NOW, THEREFORE BE IT RESOLVED:
1. The subdivision of the property as above
described is an unlisted action pursuant to Article
8 of the Environmental Conservation Law and Part 617
of the Rules and Regulations promulgated thereunder,
and will, in and of itself, not have a significant
effect on the environment, so that no Environmental
Impact Statement is required or need be filled
therefor.
2.

Nothing herein contained, however, shall

be deemed to indicate or suggest that subsequent
submissions for development of the property will
not require the preparation and filing of Environmental Impact Statements.
3. This resolution is a Negative Declaration
for the purposes of Article 8 of the Environmental
Conservation Law, Local Law Environmental Quality
Review Act for the Village of North Tarrytown, and
will be kept on file at the Village Hall and be
available for public examination.

2

�Frederick P. Clark Associates, Consultants
P'inmprj Of^.e\oorr'fir'
E'^.ronrrent T'-irTmorntion
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R V H Ne.v /o'« '0580
9*4,967-6540
-AX i9U)967-56'5

MEMORANDUM
To:

Village of North Tarrytown Planning-p Board

Date:

February 15, 1990

Subject:

Site Plan for 21 Clinton Street

At your request, we have reviewed "Proposed T^hree Family Dwelling
and Conversion to a Two Family Dwelling: ; site Plan: Driveway
Elevation," prepared by Robert Stanziale, i^H\IA, and last dated
January 31, 1990.
GENERAL INFORMATION
Proposal. Conversion of an existing single-family dwelling to a
two-family dwelling with two off-street parkimg spaces on a 9,135square-foot Parcel A, and construction of a t^_hree-family dwelling
and six off street parking spaces on a 6, 250-Sssguare-foot Parcel B.
Parcel B is proposed to be served by p u b l i c water supply and
sewerage facilities, as is currently the ca ; se for the existing
building on Parcel A.
Tax Map. Section 16, Block 8, Lot 26 (Parcel &amp;\) ; Section 16, Block
8, Lot 27 (Parcel B ) .
Location. The northern side of Clinton Street t, approximately 170
feet west of its intersection with Cortland S^treet.
Zoning.

R-5 residential.

Land Use.

Residential.

Physical Characteristics.
A two-story dw^slling with a nonconforming front yard and northern side yard oon Parcel A. Several
mature trees stand on the site, with the remaining vegetation being
lawn and scrub growth. A retaining wall in
poor condition runs
along a portion of the southern property line
for Parcel A and the
rear property line for Parcel B.

�have the following comments regarding the proposal:
Separate Lots.
The proposal encompasses two adjacent tax
parcels. However, it is not clear if the site is one property
under the Zoning Ordinance—in which case a subdivision would
be necessary to provide a separate lot for each building, as
required by Section 62-7.C. The applicant should provide
individual, filed deeds in each parcel, or he should submit an
application for subdivision approval.
Driveway for Parcel B.
a.

A site plan proposes a driveway 20 feet wide in front of
the westernmost garage (2.5 feet of that width being on
the adjacent Parcel A ) . A driveway of that width will
make maneuvering into and out of the garage very
difficult. We recommend that the driveway be at least 22
feet wide in front of garages (the standard 24 feet would
be preferable).

b.

The plan shows the driveway for Parcel B extending to a
maximum of 3 feet onto Parcel A. At the least, the plan
should indicate an easement for access and maintenance
within that area. However, we recommend instead that the
driveway be placed entirely on Parcel B. This can be
accomplished by reducing the width of the proposed
dwelling units on Parcel B and by reducing the width of
Parcel A. Such a redesign should also allow for adequate
separation of the proposed parking on Parcel A from the
building on that parcel and from the driveway on Parcel
B; we recommend a minimum 5-foot-wide planting strip
between the parking on Parcel A and the driveway for
Parcel B.

c.

Access to the easternmost garage will be very difficult,
requiring a U-turn within a narrow area for both entering
and leaving the garage. We recommend that the garage be
relocated to provide more convenient access.

Parking.
a.

The plan proposes two spaces per dwelling unit for the
three-family building proposed from Parcel B. However,
Section 62-14.E requires multifamily buildings to have
one parking space per unit plus 1/2 parking space per
bedroom.
The plan does not indicate the number of
bedrooms for the three proposed dwelling units. That
information should be provided, and the plan revised
accordingly.
2

�b.

Section 62-14.D(3) requires parking areas with more than
3 spaces to have shielded lighting and a screening of
fences or plantings. The plans should be revised to show
adequate lighting for the parking area on Parcel B
(including information showing that the light will be
shielded from adjacent properties) and a detailed plan of
proposed plantings and fences to ensure that the parking
area is adequately screened.
We recommend that that
screening include plantings along the common property
line between parcels A and B.
(The Planning Board may also wish a fence or plantings
along the southern property line of Parcel B to buffer
the proposed residences from the adjacent machine shop.)

c.

The plan proposes two parking spaces for the two-family
dwelling on Parcel A. Although this meets the minimum
requirement of the Zoning Ordinance, we note that each of
the two proposed dwelling units in the existing structure
will have two bedrooms. The Planning Board may wish the
applicant to revise the plan to provide two more parking
spaces.

Open space. Section 62-8.D of the Zoning Ordinance requires
multiple dwellings to have 100 square feet of usable open
space per dwelling unit. The plan proposes a front lawn of
approximately 325 square feet and a rear "seeded area" of 200
square feet. The Planning Board should be satisfied that
these areas represent the usable open space required by the
Zoning Ordinance. We note that the front usable area, which
is divided by the proposed sidewalk, could be enlarged to a
single area by relocating the sidewalk to the southern edge of
the proposed driveway (and, of course, relocating the second
story entrance to the westernmost dwelling unit).
Facade of proposed building. The applicant has provided an
elevation of the northern facade of the proposed building for
Parcel B. The Planning Board may wish elevations of the other
three facades of the building. At a minimum, we recommend an
elevation for the Clinton Street facade of the building be
submitted for the Planning Board's review.
Existing retaining wall.
A retaining wall in very poor
condition stands along a portion of the southern property line
of Parcel A and the rear property line of Parcel B.
We
recommend that the Planning Board seek the advice of its
engineer regarding the stability of that existing structure.
If necessary, the repair or replacement of that wall should be
a condition of site plan approval.
Plan information. In addition to the incorrect citation of
required parking for multifamily dwellings noted in Item 2

�above, the "Zoning Analysis" on the site plan should be
corrected to indicate that the minimum lot area for the twofamily dwelling on Parcel A is 4,000 square feet. The table
should also include the minimum lot width—40 feet for twofamily dwellings and 50 feet for multifamily dwellings.
In addition, the plan should be revised to include a current
survey; a lighting plan; a landscaping construction details
plan; and construction details for fences, pavement, and
stormwater facilities.
The plan should also include
topographic data to ensure proper drainage of the parking
spaces on Parcel A. Finally, the plan appears to propose
curbing for the parking areas on both parcels; the plan should
note that curbing is proposed and provide elevations and a
detail, if in fact curbing is proposed.

David P. Fuller
500\noto\002.dpfrev

4

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

February 13, 1990

Subject:

Oliveira and Gasparovic Subdivision

As requested, we have reviewed the application for subdivision
approval consisting of one sheet of plans entitled, "Subdivision
Map Prepared for Duarte F. and Elizabeth T. Oliveira and Mary
Gasparovic in the Village of North Tarrytown", dated June 23, 1989,
prepared by Ward Carpenter Engineers. The subject parcels of land
are located in the R-4 (1 and 2 family residence) Zoning District.
It is not clear from the submitted plans what the Applicants are
proposing other than a subdivision of one lot with frontage on both
Dell Street and Gordon Avenue. It appears that since there are two
separate lots involved there must be a land transfer between the
two lots being proposed. However, without a clear indication of
the existing property lines and identification of new property
lines and areas to be transferred, there is no way to decipher what
the Applicants are proposing.
REVIEW COMMENTS
1.

Location Map.
The plans should be revised to include a
location map at a scale no greater than 1" » 400' , which would
include the existing property lines of the subject properties,
adjacent properties and the zoning boundaries.

2.

Property Lines. The Applicants should be required to show the
existing and proposed lot lines and lot ownership.
The
existing plan does not even indicate which lots are owned by
the Oliveiras or the Gasparovics.

3.

Joint Subdivision. Due to the lack of detail, it is not clear
what the Applicants are proposing. However, if there are no
land transfers between the two properties, there should be two
separate subdivision applications and fees. If there is a
land transfer between the two properties the subject parcels
should be clearly identified, their area(s) clearly indicated
and notes specifying from whom and to whom the areas are being
transferred.

4.

Roads.
The Applicants should be required to show the
right-of-ways and edges of pavement (both sides) for both Dell
Street and Gordon Avenue.

5.

Topography.
The Applicants should be required to show a
topographic map with two foot contour intervals prepared by a

�licensed surveyor. It should be noted that the steep contours
and the existing surrounding development may preclude any
reasonable development of these lots.
Zoning Bulk Compliance Schedule. All applicable standards
with regard to the R-4 Zoning District and all proposed
dimensions should be indicated in and a Zoning Bulk Compliance
Schedule.
Separate Lot. The Applicants apparently own a parcel of land
on the opposite side of Dell Street from the existing
residence which they wish to include as part of the minimum
lot area for the lot. Because this lot is not contiguous, we
have serious reservations whether it could be counted towards
the minimum lot area, and recommend thorough legal review of
this proposal. The Applicants should be required to explain
how the lot indicated on the plan as 1A was created, if it was
ever contiguous with Parcel IB, and whether Dell Street is
located in an easement or a formal right-of-way.
Garage and Grape Arbor.
The Applicants have proposed a
property line which would bisect an existing grape arbor and
stucco garage. The grape arbor could easily be removed. The
stucco garage is built into the hillside so that the existing
roof line is roughly equal to the existing grade of the
hillside at the southern end of the garage. The garage would
have to be removed and would require a significant effort of
the part of the Applicants.
Frontage.
Proposed Lot 3 only has 13.72 feet of frontage
along Gordon Avenue. Normally, the Applicants are recommended
to provide at least the minimum lot width (in this case 40
feet) for the minimum lot frontage. However, reductions are
often allowed for lots fronting on streets with small radius
curves. However, we do not recommend the creation of any lot
with less than 25 feet of frontage along a public road.
Lot width. The minimum lot width in the R-4 District is 40
feet. Proposed Lot 3 does not comply, as almost two thirds of
the lot is 30 feet wide or less.
Buildable Area.
We seriously question the viability of
proposed Lot 3 with regard to any suitable buildable area.
The lot is extremely long and extremely narrow and consists of
several parallel concrete retaining walls and pathways which
traverse the steep slopes between two rows of homes on either
side. Construction in this area would be extremely difficult
and any new structure in this area would seriously affect the
value of the neighboring residences.
Drainage. if the Applicants wish to pursue this application
they should be prepared to conduct a drainage analysis for the
proposed development of these properties and their impacts
upon the adjacent residences.

�•

13.

Residence Type. The Applicants should be required to indicate
whether the existing hones on the subject properties are
occupied by one or more families.

14.

Rear Yard Setback.
It appears that the proposed lot line
between Lots IB and proposed Lot 2 would not meet the required
rear yard setback of 25 feet from the existing structure on
proposed Lot IB.

15.

Proposed Site. If the Applicants should decide to proceed
with this application, they should be required to indicate the
proposed house locations, driveways, utility connections,
drainage and grading plans, driveway profiles, etc...

CONCLUSION
In general, this is one of the most unrealistic subdivision
proposals we have ever reviewed for the Village. It appears that
the Applicants are attempting to create buildable lots out of land
that is just not available. It appears that the application only
achieves the creation of two dimensional areas meeting the minimum
square footage requirement for lot area. Upon review of these
plans and inspection of the site, we do not see any feasible means
of additional residential development on the subject properties,
and would not recommend the Applicants pursue this application.
However, if they do wish to proceed, the Village should not
schedule any further reviews of this application until all of the
comments of this memo have been addressed and all requested
information has been submitted.
Daniel K. Wery
Associate Planner
500not0-001.dkw:rr

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                    <text>NORTH TARRYTOWN, N.Y.
May 17th, 1990

PUBLIC HEARING

A Public Hearing was held before the Planning Board
of the Village of North Tarrytown on the above date.
PRESENT:

Ellen Tsangaris, Chairperson
James Galgano
John O'Leary
Richard Ayers
Alan Kaplan
Steve Baderian

ABSENT:

Roman Windas

ALSO PRESENT: John J. Hughes, Jr., Village Attorney
Chairperson Tsangaris called the meeting to order
at 8 P.M.
Mr. O'Leary moved, seconded by Mr. Galgano that the
minutes of the meeting held on April 19th, 1990 be approved as
submitted. Carried.
Chairperson Tsangaris stated that the first order of
business would be the following:
1.

SLEEPY HOLLOW CEMETERY-PRELIMINARY DISCUSSION RE-DRAINAGE

Mr. Larry Nardecchia representing Sleepy Hollow
Cemetery presented a Drainage Analysis for the project to be
undertaken by the Cemetery. He explained the project and stated
that the purpose of the project was to eliminate the ravine and
to create approximately 700 new cemetery plots. (Copy of Analysis
in Official Minutes).
Mr. William Graham, Superintendent of Sleepy Hollow
Cemetery stated that the cemetery was running out of space and
wanted to reclaim areas within the boundaries of the cemetery.
Mr. Wery, representing Fredrick P. Clark Associates,
stated they had reviewed the proposal and submitted a memorandum
stating comments and recommendations. (Copy in Official Minutes).
Mr. Joseph Gulino representing Manganaro Consulting
Engineers, submitted their recommendations to the project.
(Copy in Official Minutes).
After a discussion Mr. O'Leary moved, seconded by Mr.
Kaplan that the Board review the project and report back at the
next meeting. Carried.
Chairperson Tsangaris stated the Board would schedule
a Public Hearing after the next meeting.

�-22. JOHN TORNELLO-256 NORTH BROADWAY-PERMISSION TO INSTALL A
CANOPY AND A FIRE SUPPRESSION SYSTEM.
The Clerk read the Public Notice to hear and consider
an application of John Tornello, 256 North Broadway, North Tarrytown,
N.Y. for permission to install a canopy and a fire suppression
system at 256 North Broadway, North Tarrytown, N.Y., known and
designated on Village Tax Assessment Map as Section 17, Block 3,
Lot 4D.
Chairperson Tsangaris asked if there was anyone present
who would like to address the Board on the subject.
Mayor Janet Gandolfo stated the applicant had appeared
but had to leave and she would speak for him.
She stated that Mr. Tornello had given her the plans
to submit to the Board regarding the canopy and the fire suppression
system. She stated that the Board of Trustees were trying to
work with the applicant as it was their intention to continue
the rehabilitation of that intersection. Mr. Tornello informed
her he was willing to comply with the Board's previous requests.
Mayor Gandolfo stated this project would be the first
to conform to the new "Canopy Ordinance".
Mr. O'Leary moved, seconded by Mr. Ayers that the
Public Hearing be continued at the next meeting of the Board.
At that time, the applicant should be prepared to address all
items contained in the attached memorandum.
3.

ENRICO SOLARI-SUB-DIVISION-NEW BROADWAY

Mr. Solari stated that he was appearing before the
Board in order to renew his variance which had expired, and
submitted plans.
Mr. Wery stated he had just received the plans and
would like to review them.
Mr. Margotta stated that a Building Permit would not
be issued until all conditions had been met.
Mr. O'Leary moved, seconded by Mr. Galgano that the
Solari's renew their variance with the Zoning Board and then return
to the Planning Board and re-submit their plans. Carried.
4.

NORTH TARRYTOWN ASSOCIATES-BEDFORD ROAD &amp; WEBBER AVENUE.

A discussion was held regarding the sub-division
application which has expired.
Mr. O'Leary moved, seconded by Mr. Galgano that due
to the sewer moratorium the project had not been completed. A oneyear extension was granted, the extension running until May
17th, 1991.

�-3OTHER BUSINESS
Chairperson Tsangaris stated that the joint meeting
of the Zoning Board, Planning Board and Architectural Review
Board would be held next week, to discuss various projects.
There being no further business to come before the
Board, Mr. O'Leary moved, seconded by Mr. Galgano that the same
be duly adjourned. Carried.
Respectfully submitted,

Irene Amato
Acting Clerk

�Approved witlj respect to substance and form
Attorn

S/n/to

Approved by the Planning Board of Appeals
Chairman or Acting Chairman
Dated: ^T//7//fo

Filed with Deputy Clerk
Clerk dr Deputy Clerk

Dated:

S/a^/l*

Bate of Meeting

- efprif

if""! ff*

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                    <text>A Regular Meeting of the Planning Board was held on July 19,1990
at 8:00 PM in Village Hall, North Tarrytown, New York .
Present: James Galgano, Acting Chairman
Allan Kaplan
Steven Baderian
Roman Windas
John O'Leary
Richard Ayers
Also Present:

James Margotta, Building Inspector
John Hughes, Village Attorney
Joseph Gulino, Consultant, CAMCE
Thomas Gissen, Consultant, Clarke Associates

Absent:

Ellen Tsangaris

A motion to approve the minutes of the June 14, 1990 meeting was
made by Richard Ayers and was seconded by Roman Windas. John
O'Leary made a note that he was not listed as absent at the last
meeting.
IN THE MATTER OF SLEEPY HOLLOW CEMETERY. NORTH BROADWAY. NO. TARRYTOWN. N. Y.
This is a continuation of the Preliminary Hearing from last
month.
Mr. Larry Nardecchia, representing Sleepy Hollow Cemetery submitted new plans to CAMCE Engineers, however, as far as plot
locations requested by Mr. Gulino of CAMCE Engineers, he stated
the cemetery must go before the New York Cemetery Board before
they can submit final plot sites. Mr. Nardecchia also stated
that he contacted DEC and their primary feeling was that they had
no jurisdiction regarding the stream that runs thru the cemetery.
He also noted that the tree removal would not be a major factor
as he felt the most trees the cemetery would lose would be about
20 to 30 trees.
Mr. Baderian stated that the landscaping plan was not sufficient
and the loss of trees would have a major environmental impact at
the Cemetery. Mr. O'Leary asked Mr. Baderian if he had any suggestions to make, so that the Board could hold a Public Hearing
for August. Mr. Baderian felt that the Cemetery should submit
another revised plan regarding the plantings.
At this point, Mr. Donald Stever, a resident of North Tarrytown,
and an environmental attorney, stated that he just found out the
cemetery was planning to renovate the grounds and that not enough
North Tarrytown residents were informed of the work that is to be
undertaken.
He also informed the Board that the Village had
passed a Wetlands ordinance which required a permit before any
work was started. He also stated he felt the DEC was not correct
in their assumption that they had no jurisdiction over the stream
in the Cemetery as the stream is an underground tributary that
empties directly into the Hudson River.
13

#

-~~*~

ii

�He also stated that he felt the Environmental Impact Short Form
submitted by the cemetery was inadequate as to the type of undertaking they are planning.
John Hughes, Village Attorney suggested the board adjourn the
matter until they had time to review the Wetlands Ordinance.
Mr. Philip Keimig, North Tarrytown Tree Commission, addressed the
board regarding the issue of the trees. He advised the Board
that the dogwood and hemlock trees in the cemetery were blighted,
and would probably not last another 15 years. He suggested when
planting takes place, that a hearty variety of tree be used.
The president of the Sleepy Hollow Taxpayers Association addressed the board, and asked that the Board consider the aesthetics of the surrounding neighborhood before considering approval of the proposed plan.
Preliminary

hearing will be continued at next month's meeting.

IN THE MATTER OF MASSARO &amp; PAULETTI. CLINTON STREET. NORTH TARRYTOWN. N. Y.
This was a preliminary hearing for site plan approval for the
conversion of an existing basement garage into a proposed basement handicap dwelling unit.
A memo from Frederick P. Clark Associates (copy attached) was
mailed to the Board, giving the board brief background of the
proposed dwelling.
A motion to have a Public Hearing at the August 9th Planning
Board meeting was made by John O'Leary and seconded by Roman Windas.
Motion carried.
IN THE MATTER OF TORNELLO GASOLINE SERVICE STATION. 254-256 NORTH
BROADWAY. NORTH TARRYTOWN. N. Y.
A resolution to grant site plan approval for a canopy addition to
the existing gasoline station was read aloud by Village Attorney
John Hughes, (copy attached).
A motion to approve the resolution as read was made by John
O'Leary, seconded by Steven Baderian. Motion carried.
A motion to adjourn the meeting was made by Roman Windas,
seconded by John O'Leary. Motion carried. Meeting adjourned 9:20
PM. Please note, next meeting will be held August 9th.

Respectfully submitted;

/

Francesca Lorenz, Recording Secretary
14

�MEMORANDUM
To:

Village of North Tarrytown

From:

Frederick P. Clark Associates

Date:

July 17, 1990

Subject:

Massaro and Pauletti Proposed Dwelling Unit Addition
Site Plan Review.

JU

INTRODUCTION:

The purpose of this memorandum is to review the above noted revised
application for the conversion of an existing basement garage into
a proposed basement handicap dwelling unit. The proposed
application is for an existing three story, six-dwelling apartment
building located on the corner of Valley Street and Chestnut Street
in a C-2 General Commercial Zoning District. The applicants have
submitted a revised site plan prepared by JT2 Architects, titled
"Proposed Handicapped Dwelling Unit Add.; 190 Valley Street; North
Tarrytown, New York." The plan was prepared on December 4, 1989 and
last revised June 6, 1990.
XL*. HISTORICAL OVERVIEW:
In December of 1989, this office reviewed an earlier version of
this plan. At that time, we noted that the existing use was nonconforming relative to the requirements of Chapter 70 of the Code
of the Village of North Tarrytown (the Code) . The areas of nonconformity included parking, building coverage, lot area and
setback deficiencies. At that time, we also noted that, with the
exception of the setback and building coverage deficiencies, all of
the above noted areas of non-conformity would be further aggravated
by the addition of another apartment. Due to these issues of nonconformity with the Code, the Planning Board informed the applicant
that variances from these deficiencies would need to be granted by
the ZBA before the Planning Board could consider any approval of
the proposed application.
It is our understanding, based upon a telephone conversation with
Village of North Tarrytown Building Inspector Jim Margotta, that
the applicants have received the necessary variances. The variances
granted, inclusive of any conditions attached thereto, and the date
the variances were granted should be specified on the plan.
Provided the necessary variances have been granted, the Planning
Board may now review the proposed application, subject to Article
VIII of the Code.

•

i I

�U L . REVIEW COMMENTS;
Handicap Accessibility - Documentation should be provided to
demonstrate that the proposed apartment and parking garage space
meet all of the requirements of the State of New York and the
Village of North Tarrytovn for handicapped person accessibility. In
addition to various state requirements for door widths, bathroom
facilities and counter heights, the proposed handicapped parking
space should maintain a minimum width of 13 feet at all points.
Toilet Exhaust Fan - Because of the rising elevation at the
northeast edge of the site, it would appear that the proposed
toilet exhaust fan may be below grade. Obviously, such a location
would not work. Furthermore, the applicant should investigate an
alternative exhaust system. The proposed system would vent toilet
fumes into a narrow alley directly below the windows of an adjacent
structure. The adjacent structure appears to support residential
uses. Venting toilet fumes in this manner appears to be contrary to
the purposes of Section 62-30.B.(4) of the Code. This section of
the Code directs the Planning Board to assure the following:
"Satisfactory and harmonious relations between
the development on the site and the existing
and prospective development of contiguous land
and adjacent neighborhoods."
Site Litter - A pile of trash has been left on the northern corner
of the site. It would be appropriate for the Planning Board to
withhold any approvals until the site is brought into conformity
with general maintenance standards.

Thomas Gisse^i, AICP
Associate Consultant

300\not0-002.tg

I

�I N I T I A L

DRAFT

R E S O L U T I O N
PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION:

AMENDED SITE PLAN APPROVAL
PROPOSED USE:
CANOPY ADDITION TO AN EXISTING
GASOLINE SERVICE STATION
OWNER: JOHN TORNELLO, SR.
LOCATION: SOUTHEAST CORNER OF BROADWAY AND HUDSON
TERRACE

ADDRESS: 254-256 NORTH BROADWAY
TAX MAP DESIGNATION: SECTION 17, BLOCK 13, LOT 4D
ZONING: C-l, HIGHWAY COMMERCIAL
WHEREAS, the planning Board of the Village of North Tarrytown
has reviewed an applicatio for amended site plan approval (the
Application) purusant to Zoning Ordinance Article VIII, site plan
review, Article Vi, Section 62-19, Gasoline Service Station and
other requirements of the Village Zoning Ordinance considered
puertinent to the applcation, which application is to construct a
23.5-foot by 23.5-foot canopy above an exsitng pump area at an
existing gasoline service station, subject to the development
standards in the C-l zoning district, including but not limited to:
parking

and

loacHng

standards

(Section

62-14E),

performance

standards (Section 52-16) and Site Plan Review standards (Section
62-29); and

WHEREAS, t h e A p p l i c a t i o n i s supported by a s i t e p l a n prepared
by

Gismondi

and

pielli,

Elms f o r d ,

New York,

"Proposed

Canopy

Architects,

66 South

10523, prepared on June 5,

Addition

to

Existing

Citgo

Central
1990 and
Gasoline

Avenue,
titled
Service

S t a t i o n ; Broadway and Hudson Terrace, North Tarrytown, N.Y.", and
a s h o r t form Envrlonmental Assessment Form; and

�WHEREAS, in the course of its review and acting as Lead Agency
pursuant to the provisions of Article VIII of the Environmental
Conservation

Lav, the Planning

Board has made the

following

findings and caused, noted or conducted the following activities:

1.

Caused field inspections to be made of the property under
review and surroudning areas.

2.

Reviewd said application materials.

3.

Held a public hearing on said application on June 18, 1990, at
which time the applicant, Planning Board, it's consultants and
members of the public were given an opportunity to be heard.

4.

Acting as Lead Agency, requested, received and reviewed an
Environmental Assessment Form (EAF) in compliance with SEQR.

5.

As Lead AGency for site plan and subdivision review inthe
Village of North Tarrytown, the Planning Board, after review
of said field conditions, recommendations and environmental
assessment form as well as nother matters noted above, has
determined that the proposed action is an unlisted type and
hereby issues a "negative declaration" determinatio of nonsignificance
action.

and

environmental

impact

for

this unlisted

�WHEREAS, the Village of North Tarrtytown Planning Consultant,
Frederick P. Clark Associates, recommended that the site plan be
amended to include additional landscaped areas that would extend
along the interior of the subject site's western property line
extending from the northern property line to a point roughly
parallel with the southern end of parking space number three and
from the southern end of the western property line north to a point
parallel with the northernmost edge of parking space number four;
and

WHEREAS, the applicant expressed some reservation as to the
cost of landscaping this existing paved area and the Planning Board
and the applicant agreed that substantial and permanent planter
boxes planted with attractive flowering vegetation would provide a
suitable alternative to a curbed landscaped area in the ground; and

WHEREAS, the Planning Board has requested that the applicant
provide a detailed

lighting plan demonstrating the placement,

inclusive of height, wattage and luminosity of all proposed and
exsiting exterior lighting on the site, and lclearly demonstrating
that no off-site glare will impact any adjoining properties,
including adjoining roadways; and

WHEREAS, the Planning Board has requested written detailed
explanations of the petroleum recycling program the applicant will
employ and of the existing pump system on the site, including all

�technical details of the system and the age of the system's various
parts; and

WHEREAS, the Planning Board has requested and the applicant
has agreed that the existing stockade fence identified on the
applicant's site plan as "to be removed" will not be removed but
rather will be relocated approixmately two feet to the east, to a
position where it will

form a continuation of the front

(or

western) facade of the existing one-story concret block garage
structure, and

WHEREAS, the Planning Board requested that all of the above
additions and modifications to the site plan be presented on the
site plan, but the applicant requested that these additions be
identified in a written signed document by the applicant rather
than on the site plan due to the cost of modifying the site plan,
and the Planning Board agreed to allow the substitution of a signed
statement by the applicant identifying all of the above changes
with the exception of the requested lighting plan;

NOW, THEREFORE, BE IT REOLVED, that said site plan aplication
and site plan drawings noted above be and hereby are granted site
pi a approval

and that the applicant may obtain the endorsed

approval of the Planning Board Chairman, or as an alternate, the
Village Administrator, on a copy of this plan drawing revised as
necessary to show compliance with the following conditions, which
endorsement shall permit filing in the offices of the Village

�Building Departmet for purposes of obtaining a building permit in
accordance with this resolution and all building code requirements,
provided however that this approval shall expire six (6) months fro
the date of this resolution i the following modividations and
conditions have not been completed to the satisfaction of the
Planning Borad and the applicant has not obtained a building
permit:

1.

Lighting Plan - a detailed lighting plan showing the location,
inclusive of height, luminosity and direction of all proposed
and

existing

exterior

lighting

on

the site

and

clearly

demonstrating that no glare from said exisitng or proposed
exterior lighting shall be evident to adjacent properties,
including adjacent public rights-of-way.

2.

A detailed written descriiption of the planter boxes that will
be provided by the applicant along the Interior of the site's
western property line.

Two such planters shall be provided,

and each such said planter shall be no less than 2 feet deep,
18 feet long and 3 feet high.

Said planters

shall be

constructed in such a manner as to be placed on the site
permanently and shall be located between the site's western
property line and parking spaces three and four.

3.

A

signed written explanation of the petroleum

recycling

program that is presently employed on the site and that will

�be employed on the site in the future shall be provided to the
satisfaction of the Town Engineer.

4.

A written explanation of the existing pump system including
its various parts and the age of those parts shall be provided
to the satisfaction of the Town Engineer.

Date

500\not0-002.tg:c»

Ellen Tsangaris, Planning Board Chairperson

�MEMORANDUM
To:

Village of North Tarrytown

From:

Frederick P. Clark Associates

Date:

July 16, 1990

Subject:

Sleepy Hollow Cemetery

X*

INTRQPUCTtQN:

The purpose of this memorandum is to present the findings of this
office's review of the amended site plan application materials
submitted in support of the Sleepy Hollow Cemetery expansion
application. The application proposes to fill and regrade an
existing naturally vegetated ravine for the purpose of creating an
additional burial area in association with the Sleepy Hollow
Cemetery. In support of this application, the applicant's engineer,
Larry J. Nardecchia, Jr., P.E., has submitted the following new or
revised plans and report.
o

Proposed Drain Plan &amp; Profile, dated April 10, 1990 and
last revised June 22, 1990.

o

Proposed Grading Plan, dated April 10, 1990 and last
revised June 22, 1990.

o

Landscaping Plan, dated June 16, 1990.

o

Details and Notes, dated April 10, 1990 and last revised
June 22, 1990.

o

"Analysis of Environmental Impacts; Part 3," dated
July 9, 1990.

In a memorandum dated May 15, 1990, this office reviewed previous
submissions in support of this application. The applicant also
appeared before the Village of North Tarrytown Planning Board on
June 14, 1990, at which time members of the Board and its
consultants requested that the applicant prepare additional
documentation of the potential impacts and mitigation measures
associated with the proposed action. Primarily, this review focuses
on the adequacy of the newly submitted materials.
II. PLANTING PLAN: At the request of the Planning Board, the
applicant has presented a planting plan purporting to show
vegetation that will be removed, vegetation that will remain, and
new vegetation to be planted as a mitigation for the impacts
associated with lost vegetation. There are a number of outstanding
issues associated with this plan, including the following:

�1)
Landscape Note #1 states, "Exact type of tree and
location to be determined by the cemetery authorities."
Essentially this note renders the landscape plan useless. We
strongly recommend that whatever landscape plan, if any, is
ultimately approved by the Planning Board be binding upon the
applicant; otherwise the plan serves no purpose. We further
recommend that the plan carry a note clearly stating that it
is the applicant's responsibility to maintain all plantings
shown on the plan in a healthy and vigorous condition and that
any plantings that do not remain in such a condition shall be
replaced by a similar planting by the applicant, at the
applicant's sole expense.
2)
The area within the grading limit line shown on the plan
should be designated as a permanent openspace reservation.
Furthermore, the grading limit line should be adjusted to
include all areas within the driplines of all trees designated
as an "Existing Tree to Remain." If this is not done, many of
the trees designated to remain may die and have to be removed
once the area begins to be used for grave sites. At present,
grave sites are shown as adjacent to existing and proposed
trees. If graves are dug within the drip lines of these trees,
it is reasonable to expect that a significant portion of the
roots of these trees will be cut and, therefore, many of the
trees will die, leading to further defoliation of this scenic
and historic area.
3)
While it appears as if access to the subject area may be
over the area's southern corner (near the intersection of
Sylvan Road and the connector road), the grading limit line is
presently an enclosed circle. To protect the surrounding
vegetated area, specific construction access points should be
designated and construction personnel and equipment should be
barred from all other areas.
4)
The row of "existing pine trees" is shown on the planting
plan as though this row will remain. Apparently referring to
the same area, the applicant's "Analysis of Environmental
Impacts" states, The major hemlock grove at the northern rim
of the ravine shall be maintained and protected during '
construction and shall display the continuance of intermittent
stands of major Trees." However, much of this area is
designated for regrading, according to the "Proposed Regrading
Plan." The applicant should either adjust the grading limit
line to include this entire stand of trees or the applicant
should revise the "Planting Plan" and
"Analysis of
Environmental Impacts" to reflect the destruction of these
trees.

2

�A

„ &lt; • • • * " *

5)
The limited amount of planting does not appear to be
adequate compensation, in type, size or quality, for the
planting lost. We recommend that the number, variety and
locations of the proposed plantings be enhanced significantly.
Hit GRADING PLAN;
1)
The erosion control barrier provides no protection
against construction associated silt entering the drainage
basin at station 0-f58. A note indicating some form of interim
protection should be added. This situation should be
corrected.
2)
"Landfill Notes'1 #13 states, "Grass shall be planted on
top of fill when final grade has been achieved." However, note
#15 indicates that construction may take up to 12 months to
complete. Even with the use of erosion control barriers,
barren earth should not be allowed to remain exposed on a
steep slope for more than three months. Consequently, some
provision for temporary soil stabilization (possibly the
spreading of rye grass seed) should be provided if the
construction sequence is to exceed three months.
3)
It appears that some of the grading along the subject
area's southern boundary includes areas of cut, as well as
areas of fill. If this cut area were eliminated from the
proposed action, it would be possible to save a few more of
the existing trees on the site.
IV,

MISCgLlANSQVS?

There are many general references to erosion control, both on the
submitted plans and in the "Analysis of Environmental Impacts."
However, more detail of the specific erosion control plans should
be provided by the applicant.
3L

CONCLUSION:

In addition to the above specific informational comments, we remain
concerned about the loss of vegetation and the loss of a unique,
scenic resource associated with this application. Since, according
to the applicant, the area being considered constitutes less than
one percent of the entire site, we think that it should be clearly
established that there are no other similarly sized areas on the
site that could serve this function.
Only if the Board is satisfied that this is the only possible
location for this activity, should the Board consider granting a
conditional negative declaration under SEQR. We would recommend
that the conditional negative declaration be conditioned upon the
following conditions:

3

�1.
Submission and approval of improved grading and planting
plans providing for greater protection of existing trees and
for the planting of more trees of a greater variety, in
greater sizes and in superior locations, as identified above.
2•
Submission and approval of specific erosion control plans
for all phases of construction.
Thomas Gissen, AICP
Associate Consultant
Jim Donovan, ASIA
Senior Associate

300\not0-001.tg

4

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                    <text>A Regular Meeting of the Planning Board was held on June 14, 1990
at 8:00PM in Village Hall, North Tarrytown, New York.
Present:

Ellen Tsangaris, Chairperson
Richard Ayers
Alan Kaplan
Steve Baderian
Roman Windas

Absent:

James Galgano

Also Present: J. Gulino, consultant, CAMCE
T. Gissen, consultant, Frederick P. Clarke, Assoc.
The meeting opened at 8:15 PM.
A motion to approve the minutes
of the May 17th meeting was made by Richard Ayers, seconded by
Alan Kaplan. Motion was passed unanimously.
IN THE MATTER OF SLEEPY HOLLOW CEMETERY, ROUTE 9. NORTH TARRYTOWN. NEW YORK
This was a continuation of Preliminary Hearing from May, 1990.
Both consultants addressed a number of issues concerning the
project to be undertaken at the Cemetery. Mr. Gulino referred to
his memo addressing the proposed subdrain near Route 9.
(copy
attached). Mr. Grissen expressed concern over the impact this
would have on a historical site, and asked for a comprehensive
environmental statement.
Mr. Nardecchia stated that a level site would prevent erosion and
thus prevent drainage onto already existing drains.
Mr. Kaplan questioned the removal of the trees (about 20) from
the property. Mr. Baderian asked if they consulted an arborist.
Mr. Kaplan asked about the site east of the stream at the
cemetery, and Mr. Graham, Superintendent of the Cemetery stated
that area would be used for above ground burials.
Many members of the Board were concerned about the environmental
aspect of the project due to the loss of the trees, and how it
would affect the landscaping of the Cemetery as it appears from
Route 9.
The Board would like to see plans with the layout of the roads
(to see if they would be wide enough to provide access to the
pipe lines), alleys, burial plots, and landscaping.
Mr. Windas made a motion for a Public Hearing to held held in
July, seconded by Richard Ayers. Mr. Baderian abstained. Motion
passed.

11

�IN THE MATTER OF TORNELLO -CITGO SERVICE STATION CANOPY. NORTH
BROADWAY. NORTH TARRYTOWN
This was a continuation of a Public Hearing from last month.
Mr. Gulino of the Camce feels that some of the items from his
memos (copies attached) still not have been addressed. Mr. Windas asked that the plans be resubmitted indicating lighting,
planting, buffer zones, etc. Mr. Muldoon stated the costs for
new drawings would be too high for his client, and Mr. Windas
suggested that they just be indicated on the present ones. Also
a statement regarding recycling used motor oil should be submitted to the Board.
Mr. Windas made a motion to have the Village Attorney present a
resolution for the next meeting granting approval of the site
plan provided all of the requested items be addressed by Mr. Tornello by the next meeting. Mr. Richard Ayers seconded motion.
Motion passed unanimously.
IN THE MATTER OF THE JOY PROJECT. CLINTON STREET. NORTH TARRYTOWN. NEW YORK
Mr. John Hughes, Village Attorney read aloud the resolution approving site plan/building conversion and proposed three family
dwelling.
A motion to approve the resolution as read was made by Ray Windas
seconded by Richard Ayers. Motion passed unanimously.
Being no other business, meeting adjourned at 9:25 PM.
Respectfully submitted,

Francesca Lorenz
Recording Secretary

fl

12

�CAMCE
rUADICQ

A MAWrJAMAPO

V / n n n t c o M.

raMiiuMiiMnw

COURT PLAZA NORTH. 25 MAIN ST. HACKENSACK. NJ 07801-7038
1202

LEXJNGTON AVE.. SUITE 127. NEW YORK. NY 10028

CONSULTING ENGINEERS

201-342-4200
212-683-7712
MX 201-342-0790

MEMORANDUM
TO:

James T. Margotta, Building Inspector
Village of North Tarrytown, NY

FROM:

Joseph A. Gulino
Charles A. Manganaro, Consulting Engineers

DATE:

June 8, 1990

RE:

Sleepy Hollow Cemetary - Proposed subdrain near
Route 9
Village of North Tarrytown, NY
CAMCE #1368R

Per our review of the drawings last revised on May 2 1 , 1990;
submitted to us by Mr. Larry J. Nardecchia, Jr., P.E. for the
above referenced project, our comments are as follows:
A)

Filter fabric should be placed all around the crushed
stone.

B)

Provision shall be made for future excavation as needed
for drainage pipe maintenance.

C)

Show location of field measurement.

D)

Determine lateral surcharge of ground water to the
ravine, if any.

E)

Manning n for corrugated metal pipe is in a range of
0.02 to 0.025.

F)

The 24" - 58' long at 5.8% slope CAP has a maximum flow
capacity of 34 cfs vs. computed flow for the
post development 34.08 cfs. Therefore, the next larger
diameter size should be used.

Final recommendations will be made to the Planning
Board once above mentioned comments have been addressed.
•

�CHARLES A. MANGANARO

Page -2
If you should have any questions or require additional
information, please let us know.
JG:ab.636
ccs

Mr. William T. Regan, Village Administrator
Mr. John Hughes, Village Attorney
Mr. Dan Wery - Frederick P. Clark Associates Consultants
(via Facsimile)
Ms. Ellen Tsangaris, Chairperson Board Member
Mr. James Galgano, Planning Board Member
Mr. Richard Ayers, Planning Board Member
Mr. Steve Baderian, Planning Board Member
Mr. Roman Windas, Planning Board Member
Mr. Alan Kaplan, Planning Board Member
Mr. Larry J. Nardecchia, P.E.

�CAMCE
P H A R I PQ A M A N f t A N A R O

COURT PLAZA NORTH JS MAIN ST . HACKENSACK. NJ orsoi-ro32

WnMnLCO M. IWMngMHMnW

1202

201-342-4200*

UEXINGTON AVE.. SUITE 127. NEW YORK. NV 10021

CONSULTING ENGINEERS

FAX 201.3424790*

M E M O R A N D U M
TO:

James T. Margotta, Building Inspector
Village of North Tarrytown, NY

FROM:

Joseph A. Gulino
Charles A. Manganaro Consulting Engineers

DATE:

June 8, 1990

RE:

Tornello - Citgo Service Station Canopy
Village of North Tarrytown, NY
CAMCE #1343R

As of the above referenced date, further information has
been received. Therefore, the item relating to the storm
drainage of the canopy has not been addressed (see attached CAMCE
memorandum of May 14, 1990).
Final recommendations will be made to the Planning Board
once the necessary information has been addressed.
If you should have any questions or require additional
information, please let us know.

JG: ab.632
enc •

cc :

Mr.

William

T. Regan, Village Administrator

Joh; n Hughes, Esq.
Ms.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.

»

Elien Tsangaris, Chairperson
J
R ames Galgano, Planning Board Member
S ichard Ayers, Planning Board Member
R teve Baderian, Planning Board Member
A oman Windas, Planning Board Member
Ian Kaplan, Planning Board Member
J
ohn O'Leary, Planning Board Member
ohn J. Muldoon, Land Surveyor
V

�Rav Windas

moved, seconded by

Richard Avers

and unanimously carried that the following resolution be adopted
as read:
WHEREAS, this Planning Board, on the application of
Joyner family
Name of Applicant

did on

June 14, 1990
Date

grant permission for a subdivision of their property
located at

Section

17-21 Clinton Street

16, Sheet

, Block 8

, Lot 26

; and

28

WHEREAS, the aforesaid subdivision permits the
development of uses that are identical to those previously permitted, in that the action did not provide
for any change of zone, or approval of site plan;

and

WHEREAS, the property contains no structure or
area that is listed or eligible to be listed on the
Federal Register of Historic Places or designated by
the local Historic Architectural Review Board as an
historic landmark or district and the said subdivision
complies with all regional, state and local land use
plans;

�NOW, THEREFORE BE IT RESOLVED:
1. The subdivision of the property as above
described is an unlisted action pursuant to Article
8 of the Environmental Conservation Law and Part 617
of the Rules and Regulations promulgated thereunder,
and will, in and of itself, not have a significant
effect on the environment, so that no Environmental
Impact Statement is required or need be filled
therefor.
2.

Nothing herein contained, however, shall

be deemed to indicate or suggest that subsequent
submissions for development of the property will
not require the preparation and filing of Environmental Impact Statements.
3.

This resolution is a Negative Declaration

for the purposes of Article 8 of the Environmental
Conservation Law, Local Law Environmental Quality
Review Act for the Village of North Tarrytown, and
will be kept on file at the Village Hall and be
available for public examination.

2

�RESOLUTION
Adopted at the % ^ ± 1 1990 Meeting of the
•A Tar
Village of North
Tarrytown Planning Board
PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION:

SITE PLAN/BUILDING CONVERSION AND PROPOSED THREEFAMILY DWELLING
PROPOSED: ONE TWO-FAMILY DWELLING AND ONE THREEFAMILY DWELLING
OWNER: EARL C. AND MARIE JOYNER
LOCATION: 17-21 CLINTON STREET
TAX DESIGNATION: SECTION 16, BLOCK 8, LOTS 26 AND
28
ZONING: R-5 RESIDENTIAL

WHEREAS, The Planning Board of the Village of North Tarrytown
has reviewed an application for site plan approval pursuant to
Zoning Ordinance Article VIII for the construction of a threefamily dwelling unit and the conversion of an existing singlefamily dwelling to a two-family dwelling on Lots 27 and 26,
respectively, located along the north side of Clinton Street
approximately 300' west of the intersection with Cortland Street,
including related off-street parking, buffer landscaping, storm
drainage and other supporting utilities and facilities on a site
approximately 15,385 square feet in size, as shown on one sheet of
drawings prepared in the offices of Robert Stanziale, AIA, and
identified as follows:
1.

"Site Plan, Driveway Elevation - Proposed Three-Family
Dwelling and Conversion into a Two-Family Dwelling" dated
December 29, 1989, last revised February 27, 1990; and

WHEREAS, in the course of its review and acting as Lead Agency
pursuant to provisions of Article VIII of the Environmental
Conservation Law, the Planning Board has made the following
findings and caused, noted or conducted the following activities:

9
.'(#«64t jy

1.

Received an application fee of $390;

2.

Caused field inspections to be made of the property and the
review of the surrounding area;

3.

Requested and received reports from Village authorities and
consultants regarding zoning compliance, water supply,
sewerage disposal, storm drainage, traffic impact and access
safety;

4.

Acting as Lead Agency, requested, received and reviewed an
Environmental Assessment Form (EAF) in compliance with SEQR;

�5.

As Lead Agency for site plan approval in the Village of North
Tarrytown, the Planning Board, after review of said field
conditions, recommendations and Environmental Assessment Fori
as well as other natters noted above, has determined that the
proposed action is an Unlisted Type and hereby issues a
Negative Declaration determination of non-significance and
environmental impact for this Unlisted Action; and

WHEREAS, the site plan proposes the construction of a threefamily dwelling unit with three single car garages and three
outdoor parking spaces, the construction of new utility
connections, the reconstruction of existing retaining walls, the
planting of buffer landscaping as well as the conversion of an
existing single-family dwelling unit to a two-family dwelling unit
and creation of two new parking spaces for said building; and
WHEREAS, the applicants received variances from the ZBA on
1989 because the existing single-family building does not
comply with the front and side yard setbacks; and
WHEREAS, the site has been visited by the Village's planning
consultants and engineering consultants and the Planning Board is
thoroughly familiar with the site and all aspects of the proposed
project; and
WHEREAS, a duly advertised public hearing was held at the
Village Hall on 8:15 PM on
1989 at which time those wishing
to be heard were given the opportunity to be heard and the public
hearing was adjourned to
and closed on that date; and
WHEREAS, the applicants have revised the proposed plans
numerous times to comply with the comments which have been made
about the project; and
WHEREAS, in the opinion of the Planning Board the applicant
has complied with the Village's development regulations, except as
may be noted below;
NOW, THEREFORE, BE IT RESOLVED, that said site plan
application and site plan drawings noted above be and hereby are
granted site plan approval and that the applicant may obtain the
endorsed approval of the Planning Board Chairman or as an alternate
the Village Administrator, on a copy of this site plan resolution
and upon final mylar copy of the site plan drawing revised as
necessary to show compliance with the following conditions, which
endorsement shall permit filing in the offices of the Village
Building Department for purposes of obtaining a building permit in
accordance with this resolution and all building code requirements,
provided, however, that this approval shall expire twelve (12)
months from the date of this resolution if the following
modifications and conditions have not been completed to the

2

�satisfaction of the Planning Board and/or the applicant has not
obtained a building permit:
1.

Density - The site plan is approved for a Maximum of three
units on Lot 27 and for a two-family dwelling unit on Lot 26.
Accessory uses shall be those permitted in the zoning district
within which the property is located.

2.

Utilities - Stormwater, water supply and sewage disposal shall
be approved by the Planning Board or the design engineering
representative of the Planning Board. The site plan shall be
revised to show the location of the proposed storm drainage
line connection.
Storm drainage calculations shall be
submitted for review and approval to the Village's Consulting
Engineer.

3.

Landscaping - The Applicants shall revise the site plan to
identify the number, location, size and common and scientific
species names of the proposed landscaping plants to the
satisfaction of the Planning Board. All landscaping shown on
the site plan shall be maintained in a healthy growing
condition and as otherwise specified on the site plan so as to
maintain the certificate of occupancy.

4.

Exterior Lighting - all exterior light structures shall be
screened so as to prevent glare upon adjacent properties.

5.

Curbing - All driveways and parking areas shall be contained
by reinforced concrete curbs.

6.

Retaining Walls - A note regarding existing retaining walls
for Parcel B (Tax Lot 27) shall be revised to read "Existing
retaining wall to be repaired or replaced as required by the
Village Engineer". This same note shall be included on the
revised plan for Parcel A (Tax Lot 26) .

7.

Lighting Details - The plan shall be revised to provide
construction and materials specification drawings of the
proposed lighting including dimensions of poles and fixtures,
in compliance with the Village of North Tarrytown Zoning
Ordinance.

8.

Fencing - The site plan shall be revised to include details of
the fence construction and a note indicating that the
"finished" side of the fence will face towards the adjacent
properties. The site plan shall also be revised to indicate
the location and ownership of the cyclone fence on or near the
adjacent property to the east owned by the A&amp;S Machine Shop.
The Applicant shall revise the plan to extend the proposed 6foot high wood fence along the entire length of the eastern
property line on Parcel B (Tax Lot 27).

3

�9.

Drlvevav Construction Detail* - The site plan shall be revised
to provide construction details for the proposed driveway and
parking lot construction including a dimensional cross-section
of the proposed paving Materials and curbing.

10.

Drainage - The site plan shall be revised to show the location
of the proposed drainage lines as well as the location and
connections to the existing storm drainage system, to the
satisfaction of the Village Engineer.

11.

Owners Signature - The site plan shall be revised to include
the appropriate location and signature line indicating the
owners signature approval.

12.

Review Fees - the applicants shall pay the Village of North
Tarrytown:
12.1

An inspection fee for construction inspection of the
proposed site plan to include buildings, drainage
system, sewage, landscaping, lighting and other site
plan elements for compliance with the approved site plan
in accordance with the Village of North Tarrytown zoning
code;

12.2

A recreation fee of $1,000 per new dwelling unit, or
$4,000, for the acquisition or maintenance of recreation
facilities in the vicinity of the project and available
for use by occupants of the housing facility.

13.

The site plan should be submitted for review and approval by
the Westchester County Health Department, if required.

14.

Prior to issuance of a building permit, the applicant shall
receive approval from the Village Architectural Review Board.

15.

Date of this resolution shall be noted on the site plan.

16.

The applicant shall submit payment of all application review
fees as noted and required in Section 62-30(f) of the Village
zoning code, as approved by the Village Attorney.

17.

All elements of this approved site plan shall be completed to
the satisfaction of the Village Building Inspector within a
period of 18 months from the date of issuance of a building
permit or prior to the issuance of a certificate of occupancy.
The Planning Board may issue an extension of this time limit,
or may modify any of the above conditions with respect thereto
for good cause.

18.

The Planning Board reserves the right to make a final field
inspection of the project after construction of the
facilities, upon notice of the building inspector but before

4

�the Issuance of occupancy.
The purpose of this final
Inspection is to review the development and to require any
modifications to parking, landscaping, sign, drainage, access,
paving, and other site plan details, "as built" drawings of
sane, which do no comply with the approved plan and other site
plan details in the interest of safety, convenience and
enjoyment of peace and quiet of the adjacent neighbors and
aesthetics. The applicant shall maintain all elements of the
approved site plan, including landscaping in a neat and
healthy condition so as to attain an approved certificate of
occupancy.
Prior to obtaining a building permit, four (4)
copies of this final site plan as revised to meet the above
conditions, shall be submitted to the Planning Board office
for final approval. This final site plan review shall be
accomplished by the Village Engineering Department or
Consultant and shall incorporate all applicable conditions of
this resolution and the construction standards of the Village
of North Tarry town as they may be appropriate.
19.

Prior to the issuance of a Certificate of Occupancy, the
Applicant shall submit to the Village Building Inspector a
mylar
reproduction
of the site plan
complete
with
certification of a professional architect and/or professional
engineer attesting to the construction of the site plan and
its improvements as shown thereon.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

Date
Chairman

500\not0-007.dkw.c$
June
12, 1990

5

iohul^d

�CAMCE
A M i n i

e c

«

MAKtr&gt; AKJADrt

CHARLES A. MANGANARO

COURT PIAZA NORTH. 25 MAINST..
S HACKENSACK. NJ 07601-7032
. NEW YORK. NY 10028
1202 ^ N C T O N AVE . SUITE 127

CONSULTING ENGINEERS

201-342-4200
212-883-7712
PAX. 201-342-0790

MEMORANDUM
TO:

James T. Margotta, Building Inspector
Village of North Tarrytown, NY

FROM:

Joseph A. Gulino
Charles A. Manganaro, Consulting Engineers

DATE:

June 8, 1990

RE:

Sleepy Hollow Cemetary - Proposed subdrain near
Route 9
Village of North Tarrytown, NY
CAMCE #1368R

Per our review of the drawings last revised on May 21, 1990;
submitted to us by Mr. Larry J. Nardecchia, Jr., P.E. for the
above referenced project, our comments are as follows:
Filter fabric should be placed all around the crushed
stone.
Provision shall be made for future excavation as needed
for drainage pipe maintenance.
Show location of field measurement.
Determine lateral surcharge of ground water to the
ravine, if any.
Manning n for corrugated metal pipe is in a range of
0.02 to 0.025.
The 24" - 58' long at 5.8% slope CAP has a maximum flow
capacity of 34 cfs vs. computed flow for the
post development 34.08 cfs. Therefore, the next larger
diameter size should be used.
Final recommendations will be made to the Planning
Board once above mentioned comments have been addressed.

�CHARLES A. MANGANARO

Page -2If you should have any questions or require additional
information, please let us know.
J6:ab.636
cc:

Mr. William T. Regan, Village Administrator
Mr. John Hughes, Village Attorney
Mr. Dan Wery - Frederick P. Clark Associates Consultants
(via Facsimile)
Ms. Ellen Tsangaris, Chairperson Board Member
Mr. James Galgano, Planning Board Member
Mr. Richard Ayers, Planning Board Member
Mr. Steve Baderian, Planning Board Member
Mr. Roman Windas, Planning Board Member
Mr. Alan Kaplan, Planning Board Member
Mr. Larry J. Nardecchia, P.E.

�CAMCE
r U A D t CQ A MAM^AMARn
U n M n t C O M. IVIMriVJMI^IMnw

COURT PLAZA NORTH. 25 MAIN ST. HACKENSACK. NJ 07801-7032
L E X I N Q T O N AVE.. SUITE 127. NEW VO«K. NY 10028

12fl2

CONSULTING ENGINEERS

201-342-4200
212-«S3-7712
FAX. 201-3424790

M E M O R A N D U M
TO:

James T. Margotta, Building Inspector
Village of North Tarrytown, NY

FROM:

Joseph A. Gulino
Charles A. Manganaro Consulting Engineers

DATE:

June 8, 1990

RE:

Tornello - Citgo Service Station Canopy
Village of North Tarrytown, NY
CAMCE #1343R

As of the above referenced date, further information has
been received. Therefore, the item relating to the storm
drainage of the canopy has not been addressed (see attached CAMCE
memorandum of May 14, 1990).
Final recommendations will be made to the Planning Board
once the necessary information has been addressed.
If you should have any questions or require additional
information, please let us know.

JG:ab.632
enc .
cc:

t

Mr. William T. Regan, Village Administrator
John Hughes, Esq.
Ms. Ellen Tsangaris, Chairperson
Mr. James Galgano, Planning Board Member
Mr. Richard Ayers, Planning Board Member
Mr. Steve Baderian, Planning Board Member
Mr. Roman Windas, Planning Board Member
Mr. Alan Kaplan, Planning Board Member
Mr. John O'Leary, Planning Board Member
Mr. John J. Muldoon, Land Surveyor

�CAMCE
CC A M A W P A M A D n
u A Q |
U n M H U C O M. W l M n U M I I M n U
CONSULTING ENGINEERS
r

COOPT Pl&gt;2A NORTH. 23 MAIN ST. MACKHNSACXMJOrWt-TOK
l 2 0 2 ijgxiNGTON AVg.. SUlTe 127. N£W YOflK. NV 10021

201-34J.4200
212-M3-r7l2
' * * 201.34*0790

M E M O R A N D U M
TO:

James T. Kargotta, Building Inspector
Village of North Tarrytown, NY

FROM:

Joseph A. Gulino
Charles A. Manganaro Consulting Engineers

DATE:

May 14, 1990

RE:

Tornello - Citgo Service Station Canopy
Village of North Tarrytown, NY
CAMCE'#1343R

Per our review of the following site plan dated November 4, 1989
from Mr. John J. Muldoon, Licensed Surveyor (New York State),
for the above referenced project, our principle comment is as
follows:
A) Gasoline station canopies are installed with a roof
drainage system and connected to the municipal storm drainage
line. A drawing or sketch should be provided detailing the
drainage system as well as the connection into the municipal
storm drainage system.
Final recommendations will be made to the Planning
Board once the above mentioned item is addressed.
If you should have any questions or require additional
information, please let us know.

JG:ab.545
cc:

t

Mr. William T. Regan, Village Administrator
Mr. John Hughes, Village Attorney
Mr. James Galgano, Planning Board Member
Mr. Dan Wery - Frederick P. Clark Associates Consultants
(via Facsimile)
Ms. Ellen Tsangaris, Chairperson Board Member
Mr. Richard Ayers, Planning Board Member
Mr. Steve Baderian, Planning Board Member
Mr. Roman Windas, Planning Board Member
Mr. Alan Kapla.i, Planning Board Member
Mr. John J. Muldoon, Land Surveyor

�RESOLUTION
Adopted at the %t^L
1990 neeting of the
Village of Nortn
*th Tar
Tarrytovn Planning Boarc)
PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION:

SITE PLAN/BUILDING CONVERSION AND PROPOSED THREEFAMILY DWELLING
PROPOSED: ONE TWO-FAMILY DWELLING AND ONE THREEFAMILY DWELLING
OWNER: EARL C. AND MARIE JOYNER
LOCATION: 17-21 CLINTON STREET
TAX DESIGNATION: SECTION 16, BLOCK 8, tf&gt;TS 26 AND
28
ZONING: R-5 RESIDENTIAL

WHEREAS, The Planning Board of the Village of Noxrth Tarrytown
has reviewed an application for site plan approval pursuant to
Zoning Ordinance Article VIII for the construction of a threefamily dwelling unit and the conversion of an existing singlefamily dwelling to a two-family dwelling on Lots 27 and 26,
respectively, located along the north side of Clinton Street
approximately 300' west of the intersection with Cortland Street,
including related off-street parking, buffer landscaping, storm
drainage and other supporting utilities and facilities on a site
approximately 15,385 square feet in size, as shown on one sheet of
drawings prepared in the offices of Robert StanziaXe, AIA, and
identified as follows:
1.

"Site Plan, Driveway Elevation - Proposed
Three-Family
Dwelling and Conversion into a Two-Family Dwelling" dated
December 29, 1989, last revised February 27, 199 o; and

WHEREAS, in the course of its review and acting a s Lead Agency
pursuant to provisions of Article VIII of the Environmental
Conservation Law, the Planning Board has made thic following
findings and caused, noted or conducted the following activities:
1.

Received an application fee of $390;

2.

Caused field inspections to be made of the property and the
review of the surrounding area;

3.

Requested and received reports from Village authorities and
consultants regarding zoning compliance, water supply,
sewerage disposal, storm drainage, traffic impact and access
safety;

4.

Acting as Lead Agency, requested, received and reviewed an
Environmental Assessment Form (EAF) in compliance with SEQR;

�5.

As Lead Agency for site plan approval in the Village of North
Tarrytown, the Planning Board, after review of said field
conditions, recommendations and Environmental Assessment Form
as well as other matters noted above, has determined that the
proposed action is an Unlisted Type and hereby issues a
Negative Declaration determination of non-significance and
environmental impact for this Unlisted Action; and

WHEREAS, the site plan proposes the construction of a threefamily dwelling unit with three single car garages and three
outdoor parking spaces, the construction of new utility
connections, the reconstruction of existing retaining walls, the
planting of buffer landscaping as well as the conversion of an
existing single-family dwelling unit to a two-family dwelling unit
and creation of two new parking spaces for said building; and
WHEREAS, the applicants received variances from the ZBA on
1989 because the existing single-family building does not
comply with the front and side yard setbacks; and
WHEREAS, the site has been visited by the Village*s planning
consultants and engineering consultants and the Planning Board is
thoroughly familiar with the site and all aspects of the proposed
project; and
WHEREAS, a duly advertised public hearing was held at the
Village Hall on 8:15 PM on
1989 at which time those wishing
to be heard were given the opportunity to be heard and the public
hearing was adjourned to
and closed on that date; and
WHEREAS, the applicants have revised the proposed plans
numerous times to comply with the comments which have been made
about the project; and
WHEREAS, in the opinion of the Planning Board the applicant
has complied with the Village's development regulations, except as
may be noted below;
NOW, THEREFORE, BE IT RESOLVED, that said site plan
application and site plan drawings noted above be and hereby are
granted site plan approval and that the applicant may obtain the
endorsed approval of the Planning Board Chairman or as an alternate
the Village Administrator, on a copy of this site plan resolution
and upon final mylar copy of the site plan drawing revised as
necessary to show compliance with the following conditions, which
endorsement shall permit filing in the offices of the Village
Building Department for purposes of obtaining a building permit in
accordance with this resolution and all building code requirements,
provided, however, that this approval shall expire twelve (12)
months from the date of this resolution if the following
modifications and conditions have not been completed to the
2

-j-

�satisfaction of the Planning Board and/or the applicant has not
obtained a building permit:
!•

Density - The site plan is approved for a maximum of three
units on Lot 27 and for a two-family dwelling unit on Lot 26.
Accessory uses shall be those permitted in the zoning district
within which the property is located.

2.

Utilities - Stormwater, water supply and sewage disposal shall
be approved by the Planning Board or the design engineering
representative of the Planning Board. The site plan shall be
revised to show the location of the proposed storm drainage
line connection.
Storm drainage calculations shall be
submitted for review and approval to the Village's Consulting
Engineer.

3.

Landscaping - The Applicants shall revise the site plan to
identify the number, location, size and common and scientific
species names of the proposed landscaping plants to the
satisfaction of the Planning Board. All landscaping shown on
the site plan shall be maintained in a healthy growing
condition and as otherwise specified on the site plan so as to
maintain the certificate of occupancy.

4.

Exterior Lighting - all exterior light structures shall be
screened so as to prevent glare upon adjacent properties.

5.

Curbing - All driveways and parking areas shall be contained
by reinforced concrete curbs.

6.

Retaining Walls - A note regarding existing retaining walls
for Parcel B (Tax Lot 27) shall be revised to read "Existing
retaining wall to be repaired or replaced as required by the
Village Engineer". This same note shall be included on the
revised plan for Parcel A (Tax Lot 26) .

7.

Lighting Details - The plan shall be revised to provide
construction and materials specification drawings of the
proposed lighting including dimensions of poles and fixtures,
in compliance with the Village of North Tarrytown Zoning
Ordinance.

8.

Fencing - The site plan shall be revised to include details of
the fence construction and a note indicating that the
"finished" side of the fence will face towards the adjacent
properties. The site plan shall also be revised to indicate
the location and ownership of the cyclone fence on or near the
adjacent property to the east owned by the A&amp;S Machine Shop.
The Applicant shall revise the plan to extend the proposed 6foot high wood fence along the entire length of the eastern
property line on Parcel B (Tax Lot 27).

3

�Driveway Construction Details - The site plan shall be revised
to provide construction details for the proposed driveway and
parking lot construction including a dimensional cross-section
of the proposed paving materials and curbing.
Drainage - The site plan shall be revised to show the location
of the proposed drainage lines as well as the location and
connections to the existing storm drainage system, to the
satisfaction of the Village Engineer.
Owners Signature - The site plan shall be revised to include
the appropriate location and signature line indicating the
owners signature approval.
Review Fees - the applicants shall pay the Village of North
Tarrytown:
12.1

An inspection fee for construction inspection of the
proposed site plan to include buildings, drainage
system, sewage, landscaping, lighting and other site
plan elements for compliance with the approved site plan
in accordance with the Village of North Tarrytown zoning
code;

12.2

A recreation fee of $1,000 per new dwelling unit, or
$4,000, for the acquisition or maintenance of recreation
facilities in the vicinity of the project and available
for use by occupants of the housing facility.

The site plan should be submitted for review and approval by
the Westchester County Health Department, if required.
Prior to issuance of a building permit, the applicant shall
receive approval from the Village Architectural Review Board.
Date of this resolution shall be noted on the site plan.
The applicant shall submit payment of all application review
fees as noted and required in Section 62-30(f) of the Village
zoning code, as approved by the Village Attorney.
All elements of this approved site plan shall be completed to
the satisfaction of the Village Building Inspector within a
period of 18 months from the date of issuance of a building
permit or prior to the issuance of a certificate of occupancy.
The Planning Board may issue an extension of this time limit,
or may modify any of the above conditions with respect thereto
for good cause.
The Planning Board reserves the right to make a final field
inspection of the project after construction of the
facilities, upon notice of the building inspector but before

4

�the issuance of occupancy.
The purpose of this final
inspection is to review the development and to require any
modifications to parking, landscaping, sign, drainage, access,
paving, and other site plan details, "as built" drawings of
same, which do no comply with the approved plan and other site
plan details in the interest of safety, convenience and
enjoyment of peace and quiet of the adjacent neighbors and
aesthetics. The applicant shall maintain all elements of the
approved site plan, including landscaping in a neat and
healthy condition so as to attain an approved certificate of
occupancy. Prior to obtaining a building permit, four (4)
copies of this final site plan as revised to meet the above
conditions, shall be submitted to the Planning Board office
for final approval. This final site plan review shall be
accomplished by the Village Engineering Department or
Consultant and shall incorporate all applicable conditions of
this resolution and the construction standards of the Village
of North Tarrytown as they may be appropriate.
19.

Prior to the issuance of a Certificate of Occupancy, the
Applicant shall submit to the Village Building Inspector a
mylar
reproduction
of the site plan
complete
with
certification of a professional architect and/or professional
engineer attesting to the construction of the site plan and
its improvements as shown thereon.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
By ELLetf

liSrtiCrfrts,
Chairman

Date

500\not0-007.dkw.cs
i\r*
12, 1990

5

L((&lt;4

I S6

�"%

Ray Windas

moved, seconded by

Richard Avers

and unanimously carried that the following resolution be adopted
as read:
WHEREAS, this Planning Board, on the application of
Joyner family
Name of Applicant

did on

June 14, 1990
Date

grant permission for a subdivision of their property
located at

Section

17-21 Clinton Street

16, Sheet

, Block 8

, Lot 26

; and

28

WHEREAS, the aforesaid subdivision permits the
development of uses that are identical to those previously permitted, in that the action did not provide
for any change of zone, or approval of site plan;

and

WHEREAS, the property contains no structure or
area that is listed or eligible to be listed on the
Federal Register of Historic Places or designated by
the local Historic Architectural Review Board as an
historic landmark or district and the said subdivision
complies with all regional, state and local land use
plans;

�NOW, THEREFORE BE IT RESOLVED:
1. The subdivision of the property as above
described is an unlisted action pursuant to Article
8 of the Environmental Conservation Law and Part 617
of the Rules and Regulations promulgated thereunder,
and will, in and of itself, not have a significant
effect on the environment, so that no Environmental
Impact Statement is required or need be filled
therefor.
2.

Nothing herein contained, however, shall

be deemed to indicate or suggest that subsequent
submissions for development of the property will
not require the preparation and filing of Environmental Impact Statements.
3. This resolution is a Negative Declaration
for the purposes of Article 8 of the Environmental
Conservation Law, Local Law Environmental Quality
Review Act for the Village of North Tarrytown, and
will be kept on file at the Village Hall and be
available for public examination.

2

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                    <text>NORTH TARRYTOWN, N.Y.
November 15th, 1990

PLANNING BOARD

A regular meeting of the Planning Board of the Village
of North Tarrytown, New York was scheduled to be held on the
above date.
PRESENT:

Ellen Tsangaris, Chairperson
Alan Kaplan

ABSENT:

James Galgano
John O'Leary
Roman Windas
Richard Ayers
Steve Baderian

ALSO PRESENT:

John J.Hugheb,Jr.Village Attorney
James Margotta, Building Inspector
Joseph Gulino, Engineer
Thomas Gissen, Village Planner

At 8:35 P.M. Ms. Tsangaris stated that a meeting
would not be held due to lack of a quorum.
Respectfully submitted,
:ene Amato
Acting Clerk

�William T.Regan
Admlnbtntor
John Hughes, Jr.

Janet Gandolfo, Mayor
Sean Treacy, Deputy Mayor
*

•

TRUSTEES
Morris Alter
Nicholas Cicchetti
Michael Hyland
Seane D. Marren
Frank Rey

VQIAM Counsel

Angela Everett
Deputy Vffiefe Clerk
Frank Anzovino
Village Treasurer

HISTORIC PAST - GREAT

FUTURE

NO MEETING WAS HELD OF THE PLANNING BOARD DURING THE
MONTH OF DECEMBER, 1990.

7
*

^7

James $.

Margotta

28 Beekman Avenue, North Tarrytown, New York 10591
(914)631-0113

�QUVL^JL*^

Janet Gandolfo, Mayor

William T. Regan
Administrator

TRUSTBBS
Scan Treacy
Morris Alter
Nicholas Cicchetti
Michael Hyland
Seane D. Marren
Frank Rey

John Hughes, Jr.
Village Counsel

Angela Everett
Deputy Village Clerk

Frank Anzovino
Village Treasurer

HISTORIC PAST- GREATFUTURB

8 January 1991

To:
From:

PLANNING BOARD
James T.s Margotta

THERE WILL BE NO MEETING OF THE PLANNING BOARD DURING
THE MONTH OF JANUARY, 1991.

28 Beckmnn Avenue, North Thrrytown, New York 10591
(914)631-0113

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