1 25 10 https://sleepyhollow.localarchives.org/files/original/2e2a0f18843a476725240cadf5305a6b.pdf 307c632ace9aa80c563b81c1d257721d PDF Text Text NORTH TARRYTOWN, N.Y. February 21st, 1991 REGULAR MEETING A regular meeting of the Planning Board was held on the above date at Village Hall, North Tarrytown, N.Y. PRESENT: Ellen Tsangaris, Chairperson Roman Windas Richard Ayers Steve Baderian ABSENT: John O'Leary James Galgano Alan Kaplan ALSO PRESENT: John J. Hughes, Jr., Village Attorney James Margotta, Building Inspector Chairperson Tsangaris called the meeting to order at 8:15 P.M. 1. In the Matter of Vincent Margotta-89/91 Cortlandt StreetContinued. Chairperson Tsangaris stated that the request has been withdrawn. 2_. In the Matter of D. Kringas, Webber Avenue-Continued. Ron Turnquist, Architect for Mr. Kringas presented plans for the Webber Avenue Project. He stated that variances requested had been granted by the Zoning Board, and the project presented for Planning Board approval consists of two singlefamily dwelling units. A discussion was had regarding wetlands in the project area, and Mr. Turnquist stated he felt the ordinance did not apply to the project site. A memorandum was received from Frederick P. Clark Associates, Inc. regarding the Kringas Subdivision at 149 Webber Avenue, (Copy in Official Minutes). A memorandum was received from Charles A. Manganaro, Consulting Engineers for the Village regarding the proposed Kringas Subdivision. (Copy in Official Minutes). A discussion followed regarding the terrain of the property, rain runoff, culvert built by Mr. Kringas and a stream on the property. Mr. Turnquist stated that Mr. Kringas had a cubb built to prevent rain runoff coming down Webber Avenue onto his property. He also stated that the property in question is a well manicured lawn. �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development /Environment /Transportation Rye, New York and Southport, Connecticut David J. Portman, AICP Frederick E. Wiedle, AICP Howard I. Reynolds, PE David H. Stolman, AICP 350 Theodore Fremd Avenue Rye, New York 10580 (914)967-6540 FAX (914) 967-6615 Michael A. Galante Joanne P. Meder, AICP Jim Donovan, RLA, ASLA MEMORANDUM To: village of North Tarrytown Planning Board Date: February 14, 1991 Subject: Kringas Subdivision - 149 Webber Avenue I- INTRODUCTION The purpose of this memorandum is to provide the Planning Board with our analysis of the latest plans submitted in support of the above noted subdivision. These plans included the following: !) Subdivision Map Prepared For Dimitrios P. Kringasf prepared by Lawrence E. Willard, land surveyor, and Ward Carpenter Engineers, and dated December 11, 1991. 2) Kringas Subdivision Site Plan prepared by Turnquist Architects on September 12, 1990 and last revised on February 8, 1991. 3) Topographic Map Prepared For Dimitrios P. Kringas prepared by John J. Muldoon, licensed land surveyor, and prepared on November 9, 1990. The proposed subdivision would take an existing lot of 38,038 square feet (s.f.) that supports an existing five-unit residential structure and subdivide the lot into one lot of 27,941 s.f. and two lots of 5,049 s.f. each. The existing multi-family dwelling would remain on the largest lot and the two smaller lots would be developed with a single-family home on each. The site . is located within the R-3 Residence District. This district permits single-family homes on lots of 5,000 s.f. or more, parks on lots of 10,000 s.f. or more and schools on lots of 15,000 s.f. or more. The multi-family dwelling is an existing non-conforming structure. The applicant indicates on the Site Plan that he has received a use variance from the Zoning Board of Appeals of the Village of North Tarrytown (ZBA) to permit this existing non-conforming structure to continue on the smaller lot that is proposed as part of this subdivision. �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation II. ANALYSIS A. Applicability of Chapter 61, "Wetland/Watercourse Protection" of the Code of the Village of North Tarrytown; The submitted Site Plan indicates what appears to be an intermittent stream on the property approximately five to ten feet to the west of the eastern lot lines of Parcel A and Parcel B. If this is an intermittent stream then there may be wetlands associated with its peripheral areas. As currently written, Chapter 61 of the Code of the Village of North Tarrytown (the Code) requires that proposals to disturb streams (even intermittent ones), wetlands (regardless of their size) or any area within 100 feet of such a stream or wetland constitute regulated activities. It should be noted that Parcels A and B are less than 100 feet deep. Consequently, if the site does contain an intermittent stream as shown on the plan and/or wetlands in this vicinity, than all proposed regrading, building, laying of utility lines and piping of watercourses within either Parcel A or Parcel B constitute regulated activities. Essentially, all proposed improvements on Parcel A and Parcel B associated with the proposed subdivision may be regulated activities. Consequently, it would appear that the proposed subdivision for the purpose of creating buildable lots is a regulated activity under Chapter 61 of the Code. As such, the applicant will be required to submit extensive technical documentation of the hydrologic, soil and vegetation conditions on the site, as per the requirements of Sections 61-13.B.(1)(a), 6113.B.(2)(a) and 61-13.B.(3)(a) of the Code, respectively. Furthermore, it should be noted at this time that there appears to be a very real possibility that the Planning Board will not be able to make the findings required by Section 6112 "Standards for permit decisions," that are necessary before a wetlands permit may be granted. Among the issues the Planning Board is required to examine under Section 6112.A.(7) of the Code is whether the proposed activity (i.e. the creation of two building lots) could be accomplished in any other area that would not impact any wetlands, watercourses or associated buffer areas, even if the applicant does not own or control these other areas. Clearly there are other areas where building lots can be created without impacting a wetlands, watercourse or associated buffer area. A final determination of whether a wetlands permit is necessary or can be granted for this application must await 2 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation the submission of the technical data required under Section 61-13.B. of the Code. Nevertheless, it should be pointed out that if there is an intermittent stream or any wetlands on the site and if the Planning Board finds itself in a position whereby it can make the findings necessary to grant the wetlands permit, the applicant will still be required to implement a mitigation plan as specified in Section 61-13 of the Code. Part of this plan would include the replacement, at a 2:1 ratio, of all watercourses, wetlands and buffer areas that are proposed to be disturbed. This means the applicant will have to find an area to create approximately 20,000 square feet of new wetlands, watercourses and/or buffer areas to replace the almost 10,000 s.f. of proposed disturbance on Parcel A and Parcel B. As it does not appear that there is any area on the existing parcel where such a creation of mitigation wetlands could be created, this part of the Code would require the applicant to create these new wetlands/watercourse areas at another site. Lastly, it should be noted that, as presently written, Chapter 61 of the Code does not permit the Planning Board any discretion in modifying or waiving this required creation of new wetlands/watercourses areas as mitigation for disturbances to wetlands, watercourse or buffer areas. B. Zoning Issues; The two proposed new single-family homes are permitted uses in the R-3 district. According to the applicant, the non-conforming multi-family structure has received a variance from the ZBA. The applicant should submit the ZBA's resolution of approval granting the use variance as part of his application. As shown on the Site Plan, the existing and the proposed structures meet all of the required setbacks for the R-3 district. C. Grading and Vegetation; The applicant has previously indicated that he intends to maintain the significant trees on the site and the vegetative buffer that exists along the southern side of Parcel A, the northern side of Parcel B and the rear lot lines of both of these parcels. However, there is a significant Ash tree located on Parcel B approximately 35 feet west of Webber Avenue and approximately eight feet north of the lot line between Parcel A and Parcel B. Based upon the house location on Parcel B and the regrading shown in this area, the applicant should specify what steps will be taken to preserve the tree and its root system. 3 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation The original Site Plan, dated September 12, 1990, identified an area of "existing planting to remain - buffer" along the areas identified above. However, under the current site plan, as revised February 8, 1991, regrading is to occur in parts of this area. Also, the notation of the existing buffer area has been deleted from the revised site plan. The designation of this area should be reincorporated into the site plan and grading should be adjusted, where necessary, so as to preserve as much of this area as possible. III. CONCLUSION Pending submission of the additional information requested, this concludes our comments at this time. Thomas Gissen, AICP Planning Consultant cc: Mayor Janet Gondalfo William Regan John Hughes, Jr. James Margotta Joseph Gulino Ronald E. Turnquist 500\not1-001.tg 4 �MEMORANDUM To: Village of North Tarrytown Planning Board From: Frederick P. Clark Associates Date: November 5, 1990 Subject: Sleepy Hollow Cemetery Site Visit As requested, our office conducted site visits of the Sleepy Hollow Cemetery on Friday, October 26th and Monday, October 29th in an effort to evaluate the area of proposed disturbance within the context of the recently adopted North Tarrytown Wetland/Watercourse Protection Ordinance. As a result of these site walks, it was determined that portions of the project site meet the criteria for wetlands as described in the Ordinance. In the recently adopted North Tarrytown Wetland/Watercourse Protection Ordinance, wetland/freshwater wetlands are defined to include "all areas that comprise hydric soils and/or are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and under normal circumstances do support a prevalence of hydrophytic vegetation." According to this definition, the observed presence of hydric soils on the site is sufficient to categorize at least portions of the site as wetland. The observed presence of hydrophytic vegetation hydrology also satisfies the definition of wetland and wetland areas. tentative wetland boundary is indicated on the attached plan. A �Hvdric-Soils A hydric soils is Refined as "a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part..." During the site visit of Monday, October 29th a secies of shallow test holes were dug with a hand shovel to determine the presence of hydric soils (see accompanying plan for test hole locations) . As specified in the Ordinance, Munsel Soil Color Charts were used to record the various soil colors, and observations were made of the depth of mottling and soil texture (see attached soil Test Hole Observations). It was determined from this analysis that soils in test holes #1, #2 and #4 met the criteria for hydric soils as described in the North Tarrytown Wetland ordinance. The soil located beneath the existing stream presumably meets these criteria also. Hydrophytic Vegetajdon Vegetation observed during the site walks was recorded and is presented on the Vegetation). Wetland Plant attached list (see attached List of Observed Of the species observed, six are listed in the 1986 List for the northeast region and are either facultative-uplancl, facultative, or facultative-wetland (see definitions of these terms in the species Wetland/Watercourse Protection Ordinance). No obligate wetland or obligate upland species were obser-ved. The observed plants satisfy the criteria 2 �for hydrophytic [Wetland/Freshwater vegetation presented Wetlands]B.(1)(c) of in the Section North 61-5 Tarrytown Wetland Ordinance. Wetland Hydrology No hydrologic indicators were clearly evident at test holes #1 and #2. It is possible that the mottled and gleyed soils observed at these test holes are the result of fluctuating ground water levels rather than prolonged flooding by surface water. The presence of a number of springs and seeps on the site also suggests high ground water levels. We believe that careful observation of the site over time would confirm the presence of high ground water levels at test holes #1 and #2 thereby establishing the presence of wetland hydrology at these test holes. Test hole #4 was located within a portion of the site which was inundated by shallow surface water. Inundation is a primary indication of wetland hydrology. General Permit Requirements Relevant to the Proposed Project The presence of wetlands on the site automatically establishes a regulated wetland buffer extending 100 feet horizontally away from and paralleling the wetland boundary. According to Section 61-6 of the North Tarrytown Wetland/Watercourse protection Ordinance, "no regulated activity shall be conducted in a wetland/watercourse or 3 �wetland/watercourse buffer without a written permit from the North Tarrytown Planning Board..." As we have outlined in earlier correspondence for this application, the permit requirements outlined in Section 61-12 and Section 61-13 of the North Tarrytown Wetland/Watercourse Protection Ordinance are extremely detailed and comprehensive. In order to obtain a permit for the disturbance of a wetland or wetland buffer, an applicant must first adequately establish that "losses or impacts to the wetland/watercourse buffer are necessary and unavoidable and have been minimized to the maximum extent practicable" (see Section 6112.D). For the purposes of the Ordinance, wetland/watercourse impacts are necessary and unavoidable only if all of the following criteria are satisfied: "1. The proposed activity is compatible with the public health and welfare? 2. There is no feasible on-site alternative to the proposed activity, including reduction in density, change in use, revision of road and lot layout and/or related site plan consideration that could objectives; and 4 accomplish the applicant's �I 3. There is no feasible alternative to the proposed activity on any other site that is not a wetland/watercourse buffer." (see Section 61-12.D) It should be noted that the interpretation of the word "feasible" is of key importance in the application of the above criteria. When and if the Planning Board is satisfied that the above three criteria have been met, the applicant must prepare and submit a mitigation plan described in Section 61-13 as follows: "the applicant shall develop a mitigation plan which shall specify mitigation measures that provide for replacement wetland/watercourses that recreate as nearly as possible the original wetland/watercourses in terms of type, functions, geographic location and setting and that are larger than, by a ratio of two to one (2:1), the original wetlands/watercourses. For the purposes of mitigation, losses of wetland/watercourse buffers will be viewed as losses of wetland. On-site mitigation shall be the preferred approach. Off-site mitigation shall be permitted only in cases where an \, • on-site alternative is not possible." y • . ("K$ c)v . V . . . . to^Vpreparation of mitigation plans. w^J" . . . . . Section 61-13 continues by providing detailed instruction on the . . Once the mitigation plan is ^accepted by the Planning Board, it becomes part of the permit for �the application. Section 61-12 addresses the standard for permit decisions as follows: "In granting, denying or conditioning any permit the Planning Board shall evaluate wetland/watercourse functions and the role of the wetland/watercourse and hydrologic and ecological systems and shall determine the impact of the proposed activity upon health, safety, rare and endangered species, water quality and additional wetland/watercourse functions listed in Section 61-1 of this local law." Section 61-12 continues by listing a number of factors which must be considered in written findings by the Planning Board as part of its determination in granting, denying or conditioning any permit. Status of the Proposed Project The applicant has already submitted the information required by Section 61-10 of the North Tarrytown Wetland/Watercourse Protection Ordinance. However, it seem unlikely that the proposed project will be able to satisfy all of the technical and procedural criteria mandated by the recently adopted law. Even if the Planning Board were to establish that the proposed losses and impacts to the wetland are necessary and unavoidable and have been minimized to the maximum extent practicable, the Applicant would still be responsible for preparing a mitigation plan which would 6 �mitigate any loss or disturbance of wetland or wetland buffer on a two to one basis. would require For the proposed project, the mitigation plan the creation replacement wetland. of approximately 0.94 acres of The detailed and comprehensive technical information which must be provided for the mitigation plan and for the preparation of the Planning Board findings are additional impediments to the progress of the proposed project. The decision of whether or not to proceed with the application, of course, rests with the Applicant. The North Tarrytown Wetland/Watercourse Protection Ordinance is by far the most restrictive wetland ordinance yet encountered by our office in Westchester County. Of particular concern is the lack of flexibility allowed the Planning Board is adjusting the technical requirements of an application or in exploring possible alternative mitigation strategies. It should also be noted that the use of hydric soils as a sole criterion in the delineation of wetland boundaries is a significant departure from wetland delineation criteria used at the New York State and Federal levels. Ross Povenmire, SAF Associate ASLA 500\not0-003.rp:cs 7 �Soil Test Hole Observations Sleepy Hollow Cemetery Test Hole #1 0"-3" depth Silty loam, no mottles color: 7.5 YR 3/2 3»-9" Silty loam, with mottles matrix color: 5Y 4/1 (gleyed) mottle color: 7.5 YR 4/3 depth Test Hole #2 0"-4" depth 4"-8" depth 8"-12" depth Numerous roots to 4" silty loam, no mottles color: 7.5 YR 3/2 few roots, silty loan, mottled matrix color: 2.5 Y 3/2 mottle color: 10 YR 4/3 silty loam, mottled matrix color: 5 Y 4/1 (gleyed) mottle color: 7.5 YR 4/6 Test Hole #3 0"-18" Friable sandy loam, no mottles Test Hole #5 0"-6" Mottled sandy loam with 30% gravel or stones matrix color: 10 YR 2.2 mottle color: 2.5 YR 3/4 6"-12" Mottled sandy loam with 10% gravel or stones matrix color 5 Y 5/1 (gleyed) 500\not0-0Q1.rp:cs �73 C id st) J A ^* w a o •H «~» :* 0) •H > 0) u •P id a t* •H D> G •H (0 <0 Q 73 n a) -P w •H -P a) > + •p 0 55 >i a a) a) -P W rH •H •J u id s o id <H «M •P 0 2 o O id 0 id <u <w < 55 •H >-. o § 2 QJ Si c 3 xJ •P iH id o c id •H •P o n T3 0) W •H <w I 3 . o 0) rH id •P W 3 •H 3 o a) c 3 u c a> id CQ « SH 43 c 0) rH id rH 3 •P 0) CQ (A C id 0 •H 73 id u w 3 § X •H rH 0) <M •P 73 C Q) 0 a) •p a) fc ^^ o 2 g 3 •H ?H •P c a) 73 0) SB G O rt g O O >- 6 3 c rH jd •P 3 A •H < > >i •P -P > V4 u 0) JQ J-i id CQ 3 PQ X5 U U -H CQ 73 0) M O O *U ac CQ id rH >1 > H c in 0) id 73 rH id A •H rH id Q 73 0) id j j c 0 in •H 0 A fe > TJ «d J & o u 73 £ 0) a £ * W •H rH U) •H H •P 0 55 +J 0 2 rH 0) > u id 4-1 > u id <w <d •H • c •H a (A <a tP 5H c •H id •H > > •H .G g id •P> i 3 u •H id m rH u > 0 H 0 < E-« b 6 3 ^ S? 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NARDECCHIA JR.. P.E. FOR SLEEPY HOLLOW CEMETERY, DATED APRIL 10. 1990. LAST REVISED JULY 23, 1990. REGULATED WETLAND AND PROPOSED DISTURBANCE SLEEPY HOLLOW CEMETERY Village of North Tarrytown, New York FREDERICK P. CLARK ASSOCIATES Planning/Development/Environment/Transportation Scale: 1* = 30'IApprox.l N �UA§E CHARLES A. MANGANARO CONSULTING ENGINEERS 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: February 19, 1991 RE: Proposed Kringas Subdivision - 149 Webber Avenue Village of North Tarrytown, NY CAMCE #1378R Per our review of the site plan, last revised February 8, 1991, submitted to us by the North Tarrytown Building Department for the above referenced project, our recommendations concerning potable water, sewage, and storm water drainage only, are as follows: A. The calculations of the proposed water supply, sewage disposal, and storm water drainage system including the sizes, invert, and rim elevations to the existing water supply, sewage disposal, and storm water drainage systems should be shown or submitted. 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 to these standards. B. The widths of streets and avenues encompassing the sites should be shown. C. 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 above mentioned items have been addressed. If you should have any questions or require additional information, please let us know. JAG:dt:0253 cc: Mr. William T. Regan, Village Administrator John J. Hughes, Village Attorney Mr. James T. Margotta, Building Inspector Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark Assoc. (via Facsimile) Mr. Ronald Turnquist, Turnquist Architects 25 Main St., Court Plaza North, Hackensack, NJ 07601-7032 201-3424200 Fax: 201-342-0790 120 East 75th St., Suite 8 c, New York, NY 10021 212-683-7712 �Janet Gandolfo, Mayor William T.Regan TRUSTEES SeanTreacy Morris Alter Nicholas acchetti Michael Hyiand Seane D. Marren Frank Rey John Hughes, Jr. VtibagB Oouniel Angela Bverett Zfegra^fVUbtfe Clark Frank Anzovftao HISTORIC PAST - GREAT FUTURE 14 March 1991 To: From: PLANNING BOARD James T. Margotta^X //*4 There w i l l be no Planning Board meeting for the month of March. 28 Beekman Avenue, North Tanytown, New York 10591 (914) 631-0113 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-02-21 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 https://sleepyhollow.localarchives.org/files/original/02f47c720bf4e4b1d4cff4ff99e2746b.pdf 6b2ade3a7d148c9db666f3137c63018b PDF Text Text REGULAR MEETING NORTH TARRYTOWN, N.Y. April 18th, 1991 A regular meeting of the Planning Board was held on the above date at Village Hall, North Tarrytown, N.Y. PRESENT: James Galgano, Chairman Ellen Tsangaris Steve Baderian John O'Leary Roman Windas Richard Ayers Alan Kaplan ALSO PRESENT: Robert Spencer, Attorney James Margotta, Building Inspector Chairman Galgano called the meeting to order at 8 P.M. 1. In the matter of Vincent Margotta-89/91 Cortlandt Street Chairman Galgano stated that Mr. Margotta did not appear before the Zoning Board as scheduled therefore the matter was continued. A memorandum was received from Frederick P. Clark Associates Inc. regarding the Margotta Site Plan. (Copy in Official Minutes). 2 In the matter of North Tarrytown Realty Associates-Bedford RoadRequest for extension of resolution dated June 15, 1990. Chairman Galgano stated that he would like an opinion from the Clark Associates regarding the site on Bedford Road. He would like to know if this property would be covered by the Wetlands Ordinance. Mr. Gissen was asked to look at the property and report back at the next meeting. Chairman Galgano stated the request would be taken up at that time. 3. In the matter of Demetrios Kringas, 149 Webber Avenue-Continuation. Mr. Margotta stated that all variances have been granted by the Zoning Board and Mr. Kringas now requests planning board approval. Mr. Ron Turnquist, Architect, representing Mr. Kringas stated they had appeared before the Planning Board several months ago regarding the sub-division and they have submitted a report from their consultant regarding the wetlands ordinance and asked that the Board approve the project. �-2A memorandum from F.P. Clark Associates regarding the subdivision has been received by the Planning Board. (Copy in Official minutes.) After a discussion Mr. O'Leary^/ seconded by Mr. Windas that a Public Hearing be held on May 16th, 1991 for the purpose of discussing the subdivision. Carried. Mr. Turnquist stated he would provide the necessary information requested by the Engineers and Planners at the Public Hearing. There being no further business to come before the Board Mr. 0'Leary moved, seconded by Mr. Ayers that the same be duly adjourned. Carried. Respectfully submitted, �\ FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Southport, Connecticut David J. Portman, AICP Frederick E. Wiedle, AICP Howard I. Reynolds, PE David H. Stolman, AICP 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 Michael A. Galante Joanne P. Meder, AICP FAX (914) 967-6615 Jim Donovan, RLA, ASLA MEMORANDUM To: Village of North Tarrytown Planning Board Date: April 16, 1991 Subject: Maraotta Site Plan - 89 & 91 Cortlandt Street As we have received no new application materials subsequent to our memorandum of February 19, 1991, we have no further comments on this application at this time. We have enclosed a copy of our February 19, 1991 memorandum for your convenience. Thomas Gissen, AICP Associate/Planning cc: Mayor Frank Rey William Regan James Margotta Joe Gulino (by fax) Irene Amato Robert Spencer Ronald Turnquist encl. 500\not1-005.tg �FREDERICK P. CLARK ASSOCIATES, INC. David J Portman. A,CP Planning/Development/Environment/Transportation Rye, New York and Southport, Connecticut Frederick E. Wiedle. ^cp Howard I Reynolds. ?E David H Stolman. -vr^ 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 FAX (914) 967-6615 Michael A Galante Joanne P Meder. ~c* Jim Donovan. ~. -i. -w; 4 MEMORANDUM To: Village of North Tarrytown Planning Board Date: February 19, 1991 Subject: 89 and 91 Cortlandt Site Plan Today our office received a revised site plan for the above noted proposed development. On September 21, 1990 this office submitted a memorandum to the Planning Board with our review of an earlier version of this site plan. Apparently, the only revisions contained within the site plan received today involve the ground floor levels of 89 and 91 Cortlandt Street. The previously identified restaurant at 91 Cortlandt Street is now identified as a "Bar." The commercial kitchen, which was located on the ground floor of 89 Cortlandt Street and was intended to support the proposed adjoining restaurant use, has been changed to a "utility room." Our September 21, 1990 memorandum identified a number of variances as well as one performance standard (appropriate containment and/or venting of kitchen fumes) that we believed the applicant would need to address before site plan approval could be granted. We also recommended that the applicant supply a lighting plan for the parking area and that the Village Fire Department be requested to comment on the narrow driveway width in the back of the building to determine if its deficient size could affect the Fire Department's ability to perform fire suppression and rescue functions in the event of an emergency. We have enclosed herewith a copy of the September 21, 1990 memorandum for your review. However, as the proposed kitchen use has been eliminated, our previously noted concern regarding the containment and/or appropriate venting of kitchen fumes is no longer a relevant issue. We have been informed that the applicant is scheduled to appear before the Village of North Tarrytown Zoning Board of Appeals (ZBA) tomorrow, February 20, 1990. If the ZBA views this application favorably and grants the necessary variances, then copies of those variance approvals should be submitted as part of the application and the specific variances granted should be referenced on the submitted site plans. i �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation If the ZBA grants the variances necessary for this project to proceed as proposed, we would recommend the following: o The applicant should supply a lighting plan that demonstrates that the lighting of the rear parking area will provide for a safe and well lit area but will not produce glare into adjoining residential uses or onto Clinton Street. o The applicant should identify all variances granted by the ZBA, including the dates they were approved, on the site plan. o The Planning Board should formally request that the Fire Department review the driveway and parking area from a fire safety perspective. This concludes our review at this time. Thomas Gissen, AICP Associate/Planning cc: Mayor Janet Gandolfo William Regen John Hughes, Jr. James Nargotta Irene Amato Joseph Guilino (By Facsimile) Ronald Turnquist 500\not1-002.tg 2 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Southport, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 FAX (914) 967-6615 David J. Portman, AICP Frederick E. Wiedle. AICP Howard I. Reynolds, PE David H. Stolman, AICP Michael A. Gaiante Joanne P. Meder, AICP Jim Donovan, RLA, ASLA MEMORANDUM To: Village of North Tarrytown Planning Board Date: April 15, 1991 Subject: Krinaas Subdivision - Webber Avenue INTRODUCTION: This application was last before the Planning Board on February 21, 1991. At that meeting the Planning Board reviewed the applicant's latest submission, which was for a three-lot subdivision. The proposed subdivision was shown on a plan titled, "Kringas Subdivision Plan," prepared by Turnquist Architects, dated September 12, 1990 and last revised February 8, 1991. This subdivision would maintain the site's existing five-unit structure on one lot of approximately 28,000 square feet (s.f.) and would create two additional lots, each of which would maintain slightly more than 5,000 s.f. and each of which would support one single family home. In preparation for the February 21, 1991 Planning Board meeting, our office submitted a memorandum, dated February 14, 1991, analyzing the applicant's proposed three-lot subdivision. As our memorandum of February 14, 1991 indicates, we recommended that the application be amended to provide for the protection of some of the site's important vegetative/buffering features and that the applicant provide information as to whether wetlands exist on the site. VEGETATIVE PROTECTION: In previous submissions (specifically the subdivision plans dated July 27, 1990 and September 12, 1990), as well as in verbal presentations before the Planning Board, it has been represented that this application would include preservation of the site's significant trees and vegetative buffer. However, when the plans were revised on February 8, 1991, all references to preserving the existing peripheral vegetative buffer and the site's significant trees were dropped. Consequently, we have recommended, and continue to recommend, that notations to the effect that the site's existing �FREDERICK P. CLARK ASSOCIATES, INC. PLinnipq. Development,'Environment/ Transportation vegetative buffer and significant trees will be preserved should be reincorporated into the plans. Furthermore, some minor adjustments should be made to the proposed grading plans where such adjustments are necessary to preserve these vegetative features. Preservation of these vegetative features is not only consistent with good site planning and with the applicant's earlier representations, but it is also specifically called for under Section 12.A.(2) of the Subdivision Regulations of the Village of North Tarrytown. WETLANDS APPLICABILITY: In our memorandum of February 14, 1991 and during the February 21, 1991 Planning Board meeting, we raised the possibility that a wetland and/or intermittent watercourse may have existed along the southeastern boundary of the subject site. Based upon the fact that the contours in this area appear to resemble those of an existing drainage channel, the fact that an unfilled wetland exists immediately to the southwest of this apparently filled area, the fact that the applicant's submitted plans provided for storm water pipes and a drainage swale in this area and the testimony presented by neighboring residents at an earlier public hearing that the area often flowed with water at times of heavy rainfall, this office recommended that the area be tested to determine whether the subject site contained a wetland and/or watercourse, as defined in Section 61-5 of the Code of the Village of North Tarrytown (the Code). Consistent with the applicant's responsibility to obtain and provide such information under Sections 61-3.B. and 61-11.C. of the Code, the applicant has submitted a wetlands report on the subject area, dated March 21, 1991 and prepared by Burton R. Laux, a soil scientist. While the report indicates the presence of ground water, it is not in sufficient quantity or duration to create a wetland soil. Consequently, based upon the additional information provided by Mr. Laux in his report, we concur that Chapter 61, Wetland/Watercourse Protection, of the Code does not apply to this application. REVISED APPLICATION: The applicant should submit a revised application form to reflect the current state of the application. The filed application form appears to reflect the status of this proposal when a two-lot subdivision supporting a total of ten dwelling units was under consideration. Specifically, the application should be amended to reflect that fact that, as currently proposed, the application is for a three lot subdivision in support of a pre-existing 2 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation nonconforming five-unit structure and t;WO new conforming single family houses. The specific variances the* current proposal received from the Zoning Board of Appeals should be identified on the application form. CONCLUSION: As indicated in the comments above, our only outstanding recommendations are that the plans fee revised to indicate preservation of the above identified vegetative features and that a revised application form be submitted * Thomas Gissen, AICP Associate/Planning cc: Mayor Frank Rey William Regan James Margotta Joe Gulino (by fax) Irene Amato Robert Spencer Ronald Turnquist Demetrios Kringas 500\not1-004.tg 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-04-18 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 https://sleepyhollow.localarchives.org/files/original/688178bb241a5450d2ac926130bae532.pdf d43e6cdb2377bcd0dfe6a59e0b0b7a8b PDF Text Text A Regular meeting of the Planning Board was held on May 16, 1991 at 8:00 PM in Village Hall, North Tarrytown, New York. PRESENT: Mr. Ms. Mr. Mr. Mr. James Galgano, Chairman Ellen Tsangaris Alan Kaplan Richard Ayers Roman Windas Also Present: James Margotta, Building Inspector Robert Spencer, Village Attorney T. Gissen, AICP, Frederick P. Clark Associates J. Gulino, Consultant, CAMCE IN THE MATTER OF NORTH TARRYTOWN REALTY ASSOCIATES, RD..N0. TARRYTOWN, N. Y. BEDFORD This is a request for an extension of a resolution dated April 15, 1990. Mr. Margotta stated that he has received complaints from surrounding neighbors regarding the unkempt condition of the property. Mr. Windas moved to approve the extension of the resolution to June 15, 1992, with conditions; a) property to be maintained in a satisfactory condition, and b) the applicant must file a notice of intent 90 days before requesting another extension. Mr. Ayers seconded the motion. Motion carried. IN THE MATTER OF THE IMMACULATE CONCEPTION CHURCH. DEPEYSTER ST., NO. TARRYTOWN, N. Y. This is a request for an extension of a resolution 19, 1990. granted April Attorney John Hughes, representing ARCH, described the financial problems with the project, and requested an extension of the resolution. He also stated that he has visited the property and will have the rubbish removed before the next meeting. Mr. Kaplan moved to extend the resolution of April 19, 1990 for one year, until June 1, 1992, with the condition that the applicant must file a notice of intent 90 days before requesting another extension. Mr. Windas seconded the motion. Motion carried. IN THE MATTER OF AKIN EVERGREEN WAY. SUBDIVISION - LAKE VIEW AVENUE AND This is a preliminary hearing. Attorney Sam Watkins of Watkins and Duffy appeared before the board and gave a brief history of the project. He stated that the Zoning Board granted the variances required for the subdivision and made several conditions to the granting of the 17 �variances;a) applicant receive subdivision approval from the Planning Board, b)that the developer of the individual lots submit his individual house plans to the Architectual Review Board for review and approval; c)that the driveways be properly located and a tree survey conducted to ensure existing trees and vegetative buffer be maintained; and d) asked the Planning Board to change the property line in accordance with the Zoning Board suggestions. After a very long discussion, Mr Kaplan moved for a Public Hearing on June 20, 1991. Mr. Galgano seconded the motion. Motion carried. IN THE MATTER OF THE AMOCO STATION. 339 NO. BROADWAY. NO. TARRYTOWN. N. Y. This is a preliminary hearing regarding a canopy for a gasoline station. Mr. Joseph Croccai,architect for the proposed project, appeared before the Board on behalf of Mr. Peter Castro, owner of the Amoco Station. The plans call for a 40'flat deck canopy; the removal of 4 old fashioned gasoline pumps to be replaced with 2 modern pumps; will replace present tanks with 10,000 gallon double wall tanks that require a protection system; and new lighting. He also stated that he received a memo from Mr. Gisson of Frederick P. Clarks Associates, regarding several items on the proposed canopy and that some items will require variances from the Zoning Board. Mr. Margotta, Building Inspector, stated that this application will have to go before a number of Boards, ie, Zoning, Planning, ARB and finally the Board of Trustees. Mr. Windas moved that the canopy application go before the Zoning Board for a preliminary hearing. Mr. Ayers seconded motion. Motion carried. Mr. Windas moved that the Planning Board be the lead agency as required for the evironmental impact statement. Ms. Tsangaris seconded the motion. Motion carried. IN THE MATTER OF DEMETRIOS KRINGAS. 149 WEBBER AVE.. NO. TARRYTOWN. N. Y. This is a Public Hearing to hear and consider an application for a final site plan approval for the creation of two new lots for single family residence in an R3 District, known as Section 17, Block 4, Lot 5C and also know as 149 Webber Avenue, No. Tarry town, N. Y. Mr. Ron Turnquist, architect for the project, appeared before the Board and gave a brief background history of the application. The proposals initially sited a multi-family dwelling with 5 units, and later was revised to a 4 family unit. The final 18 �proposal is now a one family house for the applicant's son, and one for the applicant's daughter. Mr. Turnquist stated that all the trees and shrubs would be preserved. Mr. Gulino, consultant from CAMCE, stated he had not received drainage calculations for the sewers. After discussion, it was suggested that prior to issuance of a building permit, the calculations requested would be sent to Mr. Gulino. Mr. Windas moved to close the Public Hearing. second the motion. Motion Carried. Ms. Tsangaris BUSINESS MEETING: Mr. Gissen stated that a negative declaration for SEQUA is required. Mr. Galgano moved to approve the subdivision and the site plan subject to; a) that the run off calculations meet with the Village code regulations and 2) the calculations have the approval of the Village engineer. Mr. Kaplan seconded the motion. Motion carried. Executive Session: Ms. Tsangaris stated she needed clarification on Code Rules for subdivisions and water run-offs, and asked about changes to the Zoning Codes. Discussion took place. Approval of Minutes: Ms. Tansgaris moved to approve the minutes from the April, 1991 Planning Board Minutes. Mr. Ayers seconded the motion. Motion carried. Meeting closed at 9:40 PM. Respectfully submitted,-, Francesca Lorenz Recording Secretary / 19 �Mr. James Galgrano moved, s e c o n d e d by Mr- Alan Kaplan and unanimously c a r r i e d t h a t t h e f o l l o w i n g r e s o l u t i o n be adopted as r e a d : WHEREAS, t h i s Planning B o a r d , on t h e a p p l i c a t i o n Demetrios Kringas Name of A p p l i c a n t __, d i d on May 1 6 , 1991 Date g r a n t p e r m i s s i o n for a s u b d i v i s i o n of t h e i r l o c a t e d at Section 49 Webber Avenue 17 , S h e e t , Block property Mo. Tarryrnwn, N 4 , Lot WHKREAS, t h e n(oi"rT;aid s u b d i v i s i o n d e v e l o p m e n t of u s e s t h a t are i d e n t i c a l v i o u s l y permitted, $c permits the to those pre- in that t h e a c t i o n did not provide WHEREAS, t h e p r o p e r t y c o n t a i n s no s t r u c t u r e that i s l i s t e d or e l i g i b l e V. ; and f o r any change of zone, or a p p r o v a l of s i t e p l a n ; area of t o be l i s t e d and or on t h e F e d e r a l R e g i s t e r of H i s t o r i c P l a c e s o r d e s i g n a t e d by the local Historic Architectural historic landmark o r d i s t r i c t complies with a l l plans; regional, Review Board as an and t h e s a i d state and l o c a l subdivision land use �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 c. Nuult L i v/i/ i;cciaj'uLion 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 �Approved with/f^speqft to substance and form: Village Attorney Dated: /*//!/?, Approved by the Planning Board airman or Acting QBSrfrman ated: S//c/l\ Filed with Deputy Clerk Clerk or Deputy Clerk Dated: *S7/7/«*( DATE OF MEETING : Kt:\ i*trtV � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-05-16 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 https://sleepyhollow.localarchives.org/files/original/90914fcd174a615765da05ec32ddd693.pdf bfeb46c509a4060a74f256c4979570f5 PDF Text Text <?£•' 4H BoA* PUBLIC HEARING NORTH TARRYTOWN, N.Y. JUNE 20th, 1991 A regular meeting of the Planning Board was held on above date at Village Hall, North Tarrytown, New York. PRESENT: James Galgano, Chairman John O'Leary Roman Windas Richard Ayers ABSENT: Ellen Tsangaris Steve Baderian Alan Kaplan ALSO PRESENT: James Margotta, Building Inspector Robert Spencer, Village Attorney Chairman Galgano called the meeting to order at 8:15 P.M. 1. In the matter of Marcello, Elena & Louisa Viscogliosi, 176-178 North Washington Street-Sub-division Mr. John Hughes, representing the Viscogliosi family presented map regarding sub-division requested. He informed the Board that two houses were built on the one lot and at this time the owner would like to sub-divide in order to sell each building as a separate parcel. After a discussion Mr. O'Leary moved, seconded by Mr. Windas that the matter be referred to the Zoning Board. Carried. 2. In the Matter of Village of North Tarrytown-Fremont's Pond-Preliminary Hearing. Thomas Gissen, representing Frederick P. Clark Associates Planners for the Village stated he was requesting that Planning Board to hold a Public Hearing at the next meeting. The village was requesting permission to remove silt deposits from a portion of the edge of Freemont's Pond where municipal storm sewer pipes discharge. Before this silt can be removed by the village, the PLanning Board must grant the village a wetlands permit. (Memorandum in Official Minutes). After a discussion Mr. Windas moved, seconded by Mr. O'Leary that a Public Hearing be scheduled for the July 18th, 1991 meeting. Carried. �3. In the Matter of Elizabeth Akin, Evergreen Way-Subdivision Clerk read the Notice to hear and application of Elizabeth D. Akin, c/o Duffy for a subdivision in Sleepy Hollow Manor of as shown on the Village Tax Assessment Maps Block IN, Lots 1 and 8. consider an and Watkins, Tax lots 1 and 8 as Section 11, Chairman Galgano asked if there was anyone present who would like to address the Board on the matter. Mr. Spencer informed the Board that the Zoning Board had granted the variances requested and the Sleepy Hollow Manor Improvement Association was protesting the granting of the variances. Mr. Sam Watkins, Attorney for the Akin family stated that the parcels were owned separately and would like the Board to approve the subdivision in order to sell the lots as buildable lots. The Akin family has owned the lots ror many years, prior to the adoption of the Zoning Code, and felt the lots were covered under the "grandfather clause". He stated that the Zoning Board has imposed several conditions which the new owners will have to abide by. After a discussion Mr. O'Leary moved, seconded by Mr. Ayers that the subdivision be granted creating Lot 1 and Lot 8 as requested. Carried. 4. In the matter of Vincent Margotta (Laurentino Rodriguez) 89-91 Cortlandt Street-Proposed Alterations. Mr. Gulino, Project Engineer for the Village submitted memorandum regarding their comments to the above project. (Copy in official minutes.) Mr. Rodriguez presented revised plans for the proposed project indicating store, two apartments and three parking spaces for 91 Cortlandt Street, and two apartments at 89 Cortlandt Street. He stated that the Zoning Board had rejected his request to allow a tavern and restaurant. After a discussion, Mr. O'Leary moved, seconded by Mr. Windas that a public hearing be scheduled,for site plan approval, at the July 18th meeting. Carried. 5. In the matter of Peter Castro (Amoco) canopy-Preliminary Public Hearing. Chairman Galgano stated that the matter was postponed until the July meeting. �-3Approval of Minutes Mr. O'Leary moved, seconded by Mr. Ayers that the munutes of the May 16th, 1991 be approved as submitted. Carried. There being no further business to come before the meeting Mr. O'Leary moved, seconded by Mr. Ayers that the same be duly adjourned. Carried. loespctfully submitted, ene Aanato Acting Clerk �PLANNING BOARD VILLAGE OF NORTH TARRYTOWN RESOLUTION: SUBDIVISION APPROVAL PROPOSED ACTION: SUBDIVISION OF TAX LOT ONE FROM TAX LOTS EIGHT AND NINE; THE MERGER OF TAX LOTS EIGHT AND NINE INTO A NEW LOT EIGHT; AND THE MOVEMENT OF THE LOT LINE BETWEEN LOTS ONE AND EIGHT APPROXIMATELY 11.20 FEET IN A ROUGHLY WESTERLY DIRECTION. OWNER: ELIZABETH D. AKIN LOCATION: NORTHEAST CORNER OF EVERGREEN WAY AND LAKE VIEW AVENUE. TAX MAP NUMBER: SECTION 11, BLOCK IN, LOTS 1 & 8. ZONING: R-2A, RESIDENTIAL. WHEREAS, the Planning Board of the Village of North Tarrytown has reviewed an application for subdivision approval (the Application) pursuant to the Subdivision Regulations of the Village of North Tarrytown, Chapter 62, Zoning, of the Code of the Village of North Tarrytown and other requirements of the Village Zoning Ordinance considered pertinent to the application, which application is to subdivide Tax Lot 1 from tax lots 8 and 9 of Section 11, Block IN in the Village of North Tarrytown, to merge tax lots 8 and 9 and to move the lot line between lots 1 and 8 approximately 11.20 feet in a roughly westerly direction; and WHEREAS, the Application is supported by a subdivision plan prepared by Charles Riley, Land Surveyor, 69 Main Street, Tarrytown, New York, prepared on March 22, 1991 and titled, "Subdivision Map Prepared for Elizabeth D. Akin Located in the Village of North Tarrytown Town of Mount Pleasant Westchester County, 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 20, 1991y &|| 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 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, on December 11, 1990, the Zoning Board of Appeals of the Village of North Tarrytown granted a one thousand four hundred and thirty-one (1,431) square foot area variance for Lot 1 to permit Lot 1 to maintain thirteen thousand five hundred sixty-nine (13,569) square feet in the R-2A district, where a minimum lot area of fifteen thousand (15,000) is required; and WHEREAS, the Zoning Board of Appeals further conditioned the said area variance upon the following conditions, to be exercised at the discretion of the Planning Board: o A tree survey be commissioned in order to retain as many of the site's existing trees as possible. o The Planning Board shall determine the location for the driveway to Lot i; and WHEREAS, the Planning Board has determined that it is not appropriate to exercise the above noted discretionary conditions; NOW, THEREFORE, BE IT RESOLVED, that said subdivision application and subdivision plan, as shown on the subdivision plan prepared by Charles Riley, Land Surveyor, 69 Main Street, Tarrytown, New York, prepared on March 22, 1991 and titled, "Subdivision Map Prepared for Elizabeth D. Akin Located in the Village of North Tarrytown Town of Mount Pleasant Westchester County, N.Y.", be and hereby are granted subdivision 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 subdivision plan resolution and upon final mylar copy of the subdivision 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 ninety (90) days from the date of this resolution if the following conditions have not been completed to the satisfaction of the Planning Board: 1. Ir Review Fees - the applicants shall pay the Village of North Tarrytown: �1.1 A recreation fee of $1,000 for the newly created lot for the acquisition or maintenance of recreation facilities in the vicinity of the project and available for use by future occupants of the lot. 1.2 All application review fees as noted and required in Section 62-30(f) of the Village Zoning Code, as approved by the Village Attorney. 2. Date of this resolution subdivision plan. shall be noted on the final 3. All trees identified on the above noted plan as situated on Lot 1, Lot 8 or the southerly area immediately adjacent thereto shall be preserved in their natural state until such time as a certificate of occupancy is issued for the principal residential structure on each respective lot. The force of this restriction, as it applies to each individual lot and the area located immediately to the south of each lot, shall expire upon the granting of said certificate of occupancy for the principal residential structure on each respective individual lot. PLANNING BOARD VILLAGE OF NORTH TARRYTOWN gyy^O By ^ / i / ^ i x ^ ^HMjdb /James Galgano, $hai rman 500\not1-015.tg Date June 20, 1991 �FREDERICK P. CLARK ASSOCIATES, INC. David J. Portman, Planning/Development/Environment/Transportation Rye. New York and Southport, Connecticut Frederick E. Wiedle, AICP Howard I. Reynolds, PF AICP David H Stolman, AICP 350 Theodore Fremd Avenue Rye. New York 10580 (914) 967-6540 Michael A. Galante Joanne P. Meder, AICP FAX (914) 967-6615 Jim Donovan, RI A, ASLA MEMORANDUM To: Village of North Tarrytown Planning Board Date: June 17, 1991 Subject: Planning Board Agenda of June 20. 1991. The purpose of this memorandum is to provide a brief overview of the items scheduled for discussion at the June 20, 1991 meeting of the Village of North Tarrytown Planning Board. Three applications have been tentatively scheduled for public hearings. These items include the following: Elizabeth D. Akin's application for a two lot subdivision at the northeast corner of Lake View Avenue and Evergreen Way; Peter and Michael Castro's site plan application to install a canopy and new underground storage tanks at the Amoco service station at the southwest corner of Lawrence Avenue and North Broadway; and Vincent Margotta's site plan application for the conversion/renovation of two commercial/residential structures at the southwest corner of Clinton and Cortlandt streets. It is our understanding, based upon a conversation with Village Building Inspector Jim Margotta, that the Amoco and Margotta applications have been tentatively placed on the June 20, 1991 Planning Board agenda with the understanding that these two items will be heard by the Planning Board only if they first receive the variances they require from the Zoning Board on June 19, 1991. As we have received no new submissions with regard to any of three applications identified above, we have no new comments at this time. Our previously circulated memorandums (Akin subdivision memorandum of May 13, 1991; Amoco site plan memorandum of May 13, 1991; and Margotta site plan memorandums of February 19, 1991 and September 21, 1991) continue to voice our primary concerns and recommendations with regards to these proposals. At the Planning Board meeting of June 20, 1991, we will present to the Planning Board a brief overview of the Village of North Tarrytown's proposal to remove what appears to be silt deposits from a portion of the edge of Freemont Pond where municipal storm sewer pipes discharge. Before this silt can be removed by the Village, the Planning Board must grant the Village a wetlands permit. Consequently, at the June 20, 1991 Planning Board meeting, �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation we will formally request that the Planning Board set a public hearing for July 18, 1991 on the proposed wetlands permit, as required by 61-11 of the Wetlands/Watercourse Protection law of the Village of North Tarrytown. Thomas Gissen, AICP Associate/Planning cc: Mayor Frank Rey William Regan James Margotta Joe Gulino (by fax) Irene Amato Robert Spencer 500\not1-014.tg 2 �<2&co§e CHARLES A. MANGANARO CONSULTING ENGINEERS TABLE OF CONTENTS PLANNING BOARD MEMORANDUMS - PROPOSED SUBDIVISION / SITE PLAN UPDATES VILLAGE OF NORTH TARRYTOWN, NEW YORK (JUNE 1991) MEMORANDUM DESCRIPTION CAMCE REF. NO, 1. Elizabeth Akin Subdivision 1406R 2. Vincent Margotta Proposed Alterations - 89 & 91 Cortlandt Street 1383R Proposed Canopy & Underground Tank Replacement - 333-341 No. Broadway Amoco Station 1418R 3. 25 Main St., Court Plaza North, Hackensack. NJ 07601-7032 201-342-42D0 Fax: 201-342-0790 120 East 75th St. Suite 8c, New York, NY 10021 212-683-7712 �.<smK§g CHARLES A. MANGANARO CONSULTING ENGINEERS MSMORANpyH TO: Village of North Tarrytown Planning Board FROM: Joseph A. Gulino, Project Engineer DATE: June 17, 1991 RE: Elizabeth Akin Subdivision Village of North Tarrytown, NY CAMCE #1406R In connection with the above referenced subdivision, we have reviewed the sketch layout from Charles Riley, Land Surveyor, regarding drainage, potable water, and sewage. The sketch layout was found to be substantially complete, which is in accordance with our letter of February 1, 1991 (copy attached). Accordingly, we have no further recommendations on the proposed subdivision at this time. If you should have any questions, please let us know. JAG:da Enclosure c: Mr. William T. Regan, Administrator Robert Spencer, Esq. Mr. James T. Margotta, Building Inspector Mr. Thomas Gissen, Frederick P. Clark Associates Sam R. Watkins, Esq. vnt\1406r\jg061391M.401 25 Main St.. Court Plaza North, Hackensack, N j 07601-7032 201-342-4200 Fax: 201442-0790 120 East 751ft St. Suite 8 c, New York. NY 10021 212-683-7712 �,&X£ME CHARLES A. MANGANARO CONSULTING ENGINEERS February 1, 1991 Sam R. Watkins, Jr., Esq. DUFFY & WATKINS Attorneys at Law 701 Westchester Avenue White Plains, NY 10604 RE: Elizabeth Akin 0 & W Ref. No. 800-0-1 Village of North Tarrytown, NY CAMCE #1406R Dear Mr. Watkins: Per our review of the drawing (3rd Alternate) dated December 4, 1990, by Charles Riley, Land Surveyor; our comments are as follows: 1. The name and address of the Owner of Record of the property and the professional seal of the individual preparing the site plan. 2. The names of all Owners of Record of adjacent properties. 3. The location of all existing structures and other manmade features of the site, as well as those on adjacent properties. 4. The nature and location of all other existing site features, including wetlands, water bodies, water courses, wooded areas, and rock outcrops. 5. Owner's endorsement. 6. Planning Board Chairman's endorsement per subdivision regulations, Part IV, Page 7817 (14C). 7. An area (location) 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. 25 Main St.. Cjurr F'aza North. Hacxensacx. UJ G'601-r032 COI-^SOO rax: 201-242-Q79O 120 Eos* TSS Si.. Suia } : . New 'cm NY :QQ2? :i2'I33- �<§£^M= Page 2 Sam R. Watkins, Jr., Esq. February 1, 1991 Please be advised that these are the requirements for the lot line revision only, and not for preliminary or final site plan approval. Once the Owner of Record plans to proceed with development of the parcels, the Developer will have to appear before the Planning Board and meet the necessary requirements for site plan approval at that time. If you should have any questions or require additional information, please let us know. Very truly yours, CHARLES A. MANGANARO CONSULTING ENGINEERS t/ Joseph A. Gulino JAG/gsb.0206 cc: Planning Board Members Mr. William T. Regan, Administrator John J. Hughes, Jr., Esq. Mr. James T. Margotta, Building Inspector Mr. Thomas Gissen, Frederick P. Clark Associates �CHARLES A. MANGANARO CONSULTING 0 ENGINEERS MENORANDUM TO: Village of North Tarrytown Planning Board FROM: Joseph A. Gulino, Project Engineer DATE: June 17, 1991 RE: Vincent Margotta Proposed Alterations to 89 & 91 Cortlan Street Village of North Tarrytown, New York CAMCE No. 1383R Per our review of the site plan last revised January 9, 1991, for the above referenced project, our comments concerning potable water, sewage, and storm water drainage 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 should be submitted. D. The locations of nearest fire hydrants should be shown. E. The widths of streets and avenues encompassing the sites should be shown. Final recommendations will be made to the Planning Board once the necessary information has been received. • 25 Main St., Court Plaza North, Hackensack, Mi 07601-7032 201-342-4200 Fax: 201-342-0790 120 East 75th St., Suite 8c, New York, NY 10021 212-683-7712 �(§&C£<§E If you should have any questions information, please let us know. or require JAG:da c: Mr. William T. Regan, Administrator Robert Spencer, Esq. Mr. James T. Margotta, Building Inspector Mr. Thomas Gissen, Frederick P. Clark Associates Mr. Ronald Turnquist, Architect VNT\1383R\JG1791.402 additional �^ CHARLES A. MANGANARO CONSULTING ENGINEERS MEMORANDUM TO: Village of North Tarrytown Planning Board FROM: Joseph A. Gulino, Project Engineer DATE: June 14, 1991 RE: Proposed Canopy and Underground Tank Replacement - 333-341 No. Broadway - Amoco Station Village of North Tarrytown, NY CAMCE #1418R In connection with the above referenced site plan, we have reviewed the drawings dated May 6, 1991 by Joseph R. Crocco, Architect. Our comments regarding drainage, potable water, and sewage are as follows: A) The name and address of the Owner of Record property should be shown on the drawings. B) The names of all Owners of Record of adjacent properties should be shown on the drawings. C) An oil/water separator is recommended to prevent surface drainage contaminated by petroleum products from draining into any natural watercourse in the Village. D) The location of existing structures and other man-made features of the site, as well as those on adjacent properties, including existing utility lines (gas & electric) should be shown on the drawings. E) 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 should be shown. F) A 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 USGS or other approved bench mark and scale should be submitted. 25 Main St.. Court Plaza North, Hackensack, NJ 07601-7002 201-342-4200 Fax: 201-342-0790 of the 120 East 75ft St.. Suite 8c. New Yort, NY 10021 212-683-7712 �(sacflss Village of North Tarrytown Planning Board June 17, 1991 Page No. 2 (G) The nature and location of all other existing site features, including wetlands, water courses, wooded areas, and rock outcrops should be shown. (H) The Owner*s endorsement should be shown. (I) The locations of the nearest fire hydrants should be shown. (J) The widths of streets and avenues encompassing the site should be shown. (K) Drainage calculations for the proposed canopy should be submitted for review. Final recommendations will be made to the planning Board once the necessary information has been submitted. If you should have any questions, please let us know. # JAG:da Enclosure c: Mr. William T. Regan, Administrator Robert Spencer, Esq. Mr. James T. Margotta, Building Inspector Mr. Thomas Gissen, Frederick P. Clark Associates Mr. Joseph R. Crocco, Architect Miac\angie\JG06131M.301 �Approved wittf rfespect t o s u b s t a n c e and form: V i l l a g e Attori Dated: flUft, Apnroved by the Planning Board 22 lrman o r Acting Chairman :ed: C/<£*l f. Filed with Deputy Clerk Clerk or .Deputy Clerk Dated: * Z? //?/ tft€+1*3: *s//ihi � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-06-20 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 https://sleepyhollow.localarchives.org/files/original/fa4c3628d68ec8140026e6241300d674.pdf 70be6ecefc125d82d0a3839f50209788 PDF Text Text Planning Board Regular Meeting North Tarrytown, New York July 18, 1991 A regular meeting of the Planning Board was held on Thursday, July 18, 1991 at 8:30 PM in Village Hall, North Tarrytown, New York. PRESENT: ALSO PRESENT: ABSENT: James Galgano, Chairman Richard Ayers Roman Windas Steven Baderian James Margotta, Building Inspector Robert Spencer, Village Attorney Joseph Gulino, Consultant/CAMCE Thomas Gissen, Consultant/F.P. Clark Assoc. Ellen Tsangaris John O'Leary IN THE MATTER OF VINCENT MARGOTTA AND LAURENTINO RODRIQUES, 98-91 CORTLANDT STREET, NORTH TARRYTOWN. NEW YORK. Mr. James Galgano, Chairman stated that the matter concerning 89-91 Cortlandt Street, will be postponed until the meeting of August 15, 1991. The Planning Board agreed unanimously. IN THE MATTER OF PETER CASTRO, OWNER OF THE AMOCO STATION, 3 33-341 NORTH BROADWAY. NORTH TARRYTOWN, NEW YORK. Mr. Christopher Pagliaro, who represents Joseph Crocco, Architect, came before the Planning Board to make a presentation on behalf of the Amoco Station. Mr. Pagliaro mentioned that he had already appeared before the Zoning Board on July 15, 1991. The Zoning Board granted the required variances. Mr. Galgano mentioned some concerns about the project which include vegetation and drainage. Mr. Margotta stated concerns which include lighting, landscaping and drainage. It was mentioned that an oil/water separator would have to be installed. It was also suggested that traffic signs be put up to control traffic coming from Route 9 and Lawrence Avenue. Mr. Galgano and Mr. Castro stated that there have not been many accidents in the area for quite some time. Mr. Margotta stated that there has never been much traffic in the area. It was also mentioned that a clearance from the D.O.T. for the driveways into and from the gas station would be needed. Mr. Pagliaro stated that all concerns �•« will be met for the approval of the Planning Board. Mr. Galgano made a motion to set up a public hearing for the meeting of August 15, 1991, seconded by Richard Ayers. The Planning Board agreed unanimously. IN THE MATTER OF THE VILLAGE OF NORTH TARRYTOWN (FREMONT POND) A Public Hearing was held by the Planning Board to hear and consider an application by the Village of North Tarrytown under the wetlands ordinance for a permit to dredge a portion of Fremont Pond. Mr. Nick Cicchetti spoke before the Planning Board explaining the situation that has been developing in Fremont Pond. He stated that the Pond needs to be cleared out; the silt is almost even with the water level. A motion was made by James Galgano to close the Hearing, seconded by Richard Ayers. Carried unanimously. Public Business Meeting Mr. Galgano raised the question of where the silt would be dumped after it was dredged from the Pond. Mr. Gissen explained that the Highway Department intends to use the silt to restore road shoulders in certain areas of the Village. A motion was made by Richard Ayers to grant the permit, seconded by Steve Baderian. The Planning Board agreed unanimously. IN THE MATTER OF THE SLEEPY HOLLOW MANOR TAXPAYERS ASSOCIATION (AKIN PROPERTY) Mr. Galgano, Chairman read a letter to the Planning Board written by Ilene Philips who is the President of the Sleepy hollow Taxpayers Association. (Letter in Official Minutes). Mr. George Hritz, a resident of Sleepy Hollow Manor, explained that the residents were not notified about the June hearing and did not have a chance to be heard on the Akin sub-division application. Mr. Baderian stated that there should have been some community feedback on the issue. A motion was made by Richard Ayers to zreconsider the decision concerning the Akin property, seconded by Steve Baderian. The motion was carried unanimously. Mr. Galgano stated that the Planning Board will hold a Public Hearing during the meeting of August 15, 1991. Mr. Akin and his attorney will be notified along with residents. �Business Meeting IN THE MATTER OF THE AMENTA PROPERTY Mr. Spencer received a proposed lease for the parking spaces on the Amenta property. A copy of this lease will be distributed to the Planning Board. Questions were raised as to who will be installing and paying for signs. Certain spaces need to be reserved for the Village's Police Department, Mr. Spencer stated that the site plan was approved subject to the lease. Mr. Spencer also made a suggestion that the Board adopt a resolution to approve the lease. Approval of Minutes: A motion was made by Mr. James Galgano to approve the minutes of June 20, 1991, seconded by Richard Ayers. The Planning Board agreed unanimously. Being no further business, the meeting was adjourned at 9:30 PM. The next Planning Board Meeting will be held on Thursday, August 15, 1991. Respectfully submitted Christine A. Yurkovic Recording Secretary �•Tyv ^oft**^* SLilPYHOLUIWMANORTAXMIERS'ASSOClAnON July 17, 3.991 Planning Board Village of North Tarrytown North Tarrytown, N.Y. 10591 Ladles and Gentlemen: I write on behalf of the Sleepy Hollow Manor Taxpayers Association to protest the Planning Board's handling of the Akin matter at the last board meeting. Not only did we and our counsel not receive notice that this very important matter was going to be handled by the board, but numerous of those present at the meeting were aware of our community's active involvement on this matter at the Zoning Board hearings last fall, as well as the court challenge to that ruling, and still no one advised us that this was being discussed. We urge you to bring the matter back for reconsideration at a session at which we can be represented, especially with respect to the matters the zoning Board purported to refer to you. Sincerely, Ilene Phflips President cc: Mayor Frank Rey Village Trustees f �Approved wijbh lien rreessppeecctt t o s u b s t a n c e and form: V i l l a g e A' torney I 1 Dated: '•f/t/ff V/ f/K/Tt Approved by t h e Planning Board 'fl^vy^^; Cha/frman yor Acting Chairman Da *^:7//<?/?/ Filed with Deputy Clerk Clerk or peputy Clerk Dated : y/if/f/ flt<M»y &/**/*( � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-07-18 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 https://sleepyhollow.localarchives.org/files/original/064c0b5539a76d7b5d45e5151f544e5f.pdf a45968a99492089abc76eab9a44d102a PDF Text Text A Regular Meeting of the Planning Board was scheduled for August 15, 1991 at 8:00PM in Village Hall, North Tarrytown, New York. Present: James Galgano, Chairman John O'Leary Steven Baderian Also present: Absent: James Margotta, Building Inspector Thomas Gisson, Consultant, Clarke Associates Joseph Gulino, Consultant, CAMCE Engineers Robert Spencer, Attorney Roman Windas Ellen Tsgangaris Richard Ayers Because of a lack of a quorum, Chairman Galgano cancelled the meeting at 8:45 PM. However, he allowed informal discussions to take place on the Akin subdivision matter. Mr. Galgano asked the Building Inspector to include instructions when sending out the Planning Agendas that Planning Board Members notified him if they do not plan to attend a regular meeting. Meeting adjourned 9:00 PM. Respectfully submitted, Francesca Lorenz Recording Secretary " 20 �I \ Approved wjtti^ respect t o substance and form: ... tin* .,, Village Attorney Dated: */ . ^ Approved by the Planning Board Chairman or Acting Chaii^man Filed with Deputy Clerk * Clerk o& Deputy Clerk Dated: $J?J92~ ^«% So^ » V " ffcuisca � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-08-15 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 https://sleepyhollow.localarchives.org/files/original/8899a57f62841938e7def5f1b8ce6783.pdf 60e08bbd0fd4d569e78cce93d5a95698 PDF Text Text A Regular Meeting of the Planning Board was held in Columbia Hose Fire House on Thursday, September 19, 1991 at 8:15 PM. Present: Mr. Mr. Mr. Mr. Mr. Ms. James Galgano, Chairman Steve Salman Steve Baderian Richard Ayers Roman Windas Ellen Tsangaris Also Present: Robert Spencer, Village Attorney James Margotta, Building Inspector Thomas Gissen, Consultant, Frederick P. Clark Joseph Gulino, Consultant, CAMCE IN THE MATTER OF THE AKIN SUB-DIVISION. 28 EVERGREEN WAY. NORTH TARRYTOWN. NY This is a recall of the Akin sub-division which was approved several months ago. Sam Watkins representing the applicant stated his client's strong objection to this matter being put back on the agenda for the Planning Board when final sub-division approval had been issued at the June 1991 meeting. He stated that reconsideration at this time is inappropriate and any change in the prior decision would be unlawful. Village Attorney commented that once a decision is made by the Board it should stand unless new and substantial evidence is brought before the Board. A copy of a letter from Thomas F. Moran, a member of the Sleepy Hollow Manor Taxpayers Association written to Chairman Galgano which was submitted for the record supports the information that the Association presented to the Board with their request to open the hearing. A licensed architect and a member of the Sleepy Hollow Manor Taxpayers Association stated that there is an appeal of Zoning Board's decision before the State Supreme Court by the Association and he asked the Board to consider reserving any judgment before the Supreme Court makes a decision. Different issues before the Zoning Board and Planning Board should be considered differently. Village Attorney stated that this Board is not deciding whether to approve the division of one lot into three lots; this Board must only decide whether or not to move a lot line. The Zoning Board had suggested that the Planning Board might want to retain jurisdiction over the trees and the driveway which is entirely up to this Board. Discussion removed. ensued over whether 1 or not the trees should be �Village Attorney stated there are two items to be considered in approving this sub-division; tree survey be commissioned in order to retain as many of the sight existing trees as possible and the Planning Board shall determine the location of the driveway in lot 1. Sam Watkins objected to any member of the Planning Board who is also a member of the Sleepy Hollow Manor Taxpayers Association partaking in the vote. Roman Windas moved that the sub-division be granted as recorded on the Charles Riley survey and that in the event the Akin's sell the property, the buyer of the property be made aware of that and somehow meet with the Board to work this out.There was no second. A motion was made to adjourn this to the next meeting and that the applicant provide this Board with information with respect to the trees on the parcel involved as well as any information pertaining to the disposition of driveway with respect to said lots. There was no second to this motion. Ray Windas moved to approve the sub-division subject to the applicant providing them with a tree survey of all the trees located on the property that are twenty-five inches in circumference measured five feet from the ground. No trees are to be removed until after a certificate of occupancy is issued for the houses being built. Mr. Salman seconded the motion and motion carried. Chairman Galgano voted No. IN THE MATTER OF VINCENT MARGOTTA. 89-91 CORTLANDT STREET, NORTH TARRYTOWN. NEW YORK This is a continuation of the hearing from the last meeting. Discussion ensued on the parking lot, driveway, storm and water lines and the lighting. The interior of the building will be refurbished as far as bathrooms, kitchens, and the building will be made structurally sound; basically the building will be given a face-lift. James Margotta commented that they would have to come before the Architectural Review Board for windows, storefront, etc. Site Plan approval was unanimously given by the Planning Board on this matter. IN THE MATTER OF PETER CASTRO.(AMOCO) 339 N.Y.. BROADWAY. NORTH TARRYTOWN. NEW YORK This was a continuation of the hearing for approval to erect a free standing canopy with dispensers and to replace the present underground tanks with two double wall underground tanks. 2 �The representative for Amoco Station stated that the concerns of the Planning Board which were addressed at the July meeting such as drainage, vegetation and lighting have been answered and application was made to Department of Transportation for their approval and DOT has come back to them with their comments and report. After further discussion, Steve Salman made a motion to approve the site plan, seconded by Richard Ayers and motion carried. IN THE MATTER OF DAVID ROCKEFELLER. WEBBER AVENUE AND BEDFORD ROAD. NORTH TARRYTOWN. NEW YORK This is a request for subdivision 1 and subdivision 2. There was to be a preliminary hearing at the last meeting but there was no quorum. The representative for Greenrock stated that the only variances that should be required are those variances which arise from the imposition of new lot lines and therefore the variances should not be required on these applications. He asked that the topographical survey requirement be waived since there is no intent to build on the remaining lot. In respect to lot on Route 448, since it is a state highway, he did not believe this was in the Village's jurisdiction. Discussion ensued on these sub-divisions and plans and drawings were reviewed. It was decided that a public hearing will be held on this sub-division at the next Planning Board meeting in October. IN THE MATTER OF SLEEPY HOLLOW CEMETERY This is a continuation of a preliminary hearing for a request from the cemetery to fill in an area behind Fremont fountain to provide space for more graves. The Village's consultants have reviewed the plans and are satisfied with the drainage work. Details were presented regarding plans for landfill, erosion control, underdrainage and encasing it in a filter fabric. The changes in the wetlands ordinance gives the Planning Board the option to act when the amount of wetland is negligible. Village consultants have written a letter stating Planning Board can take mitigation as they see it. that the The cemetery had proposed tree planting as mitigating measures. Two things that must occur before they could continue to go ahead to obtain a building permit even if the Planning Board did approve this. One would be to get a stream disturbance permit from the Department of Environmental Conservation, second tree mitigation plan permit must be obtained from the Department of Transportation. 3 �Discussion ensued. Mr. Baderian commented that a letter had been sent to the Village Attorney with respect to the cemetery proposal stating that the amendment to the wetlands ordinance is in violation of the SEQRA and an Article 78 action may be taken against the Board of Trustees unless they rescind the amendment to the wetlands/watercourse ordinance. Therefore, the Planning Board cannot really vote on this matter since it is still in contention. A motion was made to go to Public Hearing at the next meeting, motion was seconded and carried. IN THE MATTER QF PHELPS MEMORIAL HOSPITAL, NORTH BROADWAY. NORTH TARRYTOWN. NEW YORK John Hughes, Jr. representing Phelps Memorial stated that this is a proposal for a medical office building south of the emergency room on the hospital grounds. Victoria Miller gave a brief overview of the project. She commented that this would be good for both doctors and patients having the medical building next to the hospital. The building inspector's concern was whether or not a variance was needed because of the height of the building. Mr. Hughes will discuss this with our Village Attorney to arrive at an interpretation of the zoning code as to whether a variance is needed. The question of whether or not this would be put on the tax rolls was discussed. A motion was made to call for a Public Hearing for the next Planning Board meeting in October and motion was seconded and carried. A motion to adjourn was moved and seconded adjourned. Respectfully submitted, Francesca Lorenz, Recording Secretary Transcribed by Angela Everett 4 and meeting was �-.15-91 10:32AM SIDLEY&AUS. 212 4182165 SlDJLKY P05/05 6C AUSTIJM A I'AHTKEMMIIIJ* IHCLUDIWI rHOrEKHIOKAL COHI»OHATIONM 0 7 5 THJKU AVKMUJi N E W YORK. NEW YOIHT 10022 sxvoAronz CHICAGO . LO» AHOELZS WASHINOTON. B.C. I.ONTXJN TELEPHONE 21 S: WOO* 2000 TKT.KX 0 7 - 1 0 U 0 KACSIMTUB 3 1 S : ttOO-2021 TOKYO September 1 8 , Id91 Robert Panzirti, Esq. village Attorney village of North Tarrytown Beekman Avenue North Tarry town, NY 10591 Re: Amendment to Wetland/Watercourse Protection Lav Dear Bob: The purpose of this letter is to formally advise you that the action of the Village Law in enacting 561-12 £ as an amendment to the North Tarrytovn Wetland/Watercourse Lav violated the state Environmental Quality Act ("SEQRA") • This amendment has the effect of lessening the degree of protection afforded to areas protected by tne ordinance, and is in the nature of an amendment to a zoning' ordinance or other similar local health, safety and environmental protection lav. The Village Board's action was accordingly a Type I action requiring full compliance with SEQRX. Even if it were not a Type I action* it was at least an unclassified action, requiring consideration of the environmental impact by preparation of an Environmental Assessment Form and serious, public consideration of preparation of an environmental impact statement, followed by a formal Finding of No Significant Impact if no EXS is to be prepared prior to adoption of the amendment* The village Board did not even take a rudimentary step toward SEQRA compliance, end accordingly its action adopting the amendment must be considered to be null and void. I am placing the Village on notice that it is likely that an Article 78 action vill be commenced against the village in vhich nullification of this action vill be sought unless, no later than its first meeting in October, the Village Board formally nullifies its adoption of this amendment, and proceeds to consider it, if at all, following compliance with SEQRA, cci S. Baderian �g- 1 9 - 9 1 10:31AM S I DLEY&cAUS. 2 1 2 4 1 8 2 1 6 5 P02/05 MBMOttAMDPM TO I Steve Baderian (by fax) FROKt Donald W. Stever BXS glftcpy Hollow cemetary DATE I September 19, 1901 BacauBo I am out of town, unavoidably, I will not bo able to attend tonight *s Planning Board meeting, at which the cemetary*s request to fill in the Fremont Gorge is apparently on the agenda. This memorandum vill provide you with ray thoughts on the subject. I request that it be read or otherwise inserted into the official record of the proceedings. 1. I have written to Bob Ponzini informing him that the Village Board's amendment of the "Waiver" provision (|61~2 S of the Wetland and Watercourse Protection Law) is in violation of the State Environmental Quality Review Act ["SEQRA"]. A copy of that letter is attached to this fax, as is a copy of the text of the Waiver provision* Violation of SEQRA will result in this action being nullified. Litigation has been threatened, and will occur unless the village Board nullifies its prior action* The Planning Board ehould net aet pursuant to this amendment given the illegality of the method of its adoption. 2. The amendment does nojfc deprive the Planning Board of permit jurisdiction, it does not require the Planning Board to g m n t the cemetary's application to fill this area, and it does n & £ require the Planning Board to grant a waiver. It merely empower* be planning Board upon such conditions Qff It may deem appropriate, to waive anv of the provisions of Section 61-12 and 61-13 in issuing a permit which involves an area for which there has been an application for a permit covering an area one-tenth of an acre or leg> In slae* 3* The Planning Board oan not even consider a waiver unless it is satisfied, on the basis of clear objective evidence, that the area involved is less than l/io aore in else. The Planning Board must have the Village's environmental consultant verify the size of any area alleged by a claimant to be small enough to qualify for consideration of a waiver* Z believe, having investigated this area recently, that the else of the eree the cemetery seek to fill (which includes buffer areas) exceeds i/lft acre, and thus the cemetery eaa not meet the eiee threshold for en exemption. 4. The Planning Board muot carefully weigh the claims made for a waiver and the specific requirements sought to be waived, and �09-19-91 10:31AM S I DLEY&AUS. 2 1 2 4182165 find that a valvar is appropriate under the circumstances. In order to do this it must have before it sufficient facts concerning the nature of the area and its importance to the community in order to make a rational judgment that by not holding the applicant to the stringent criteria sought to be waived The Planning Board requires a full, objective report from the Village's environmental consultant, or the Conservation Advisory Committee, before any such findings can be made. 5. On the basis of the record to date, the following facto compel rejection of a waiver of any of the criteria, even if the Cemetary's proposal were to be limited to 1/10 acre: (a) The Planning Board's own record demonstrates that the area Is "unique". (b) The area includes active wildlife habitat. Z have taken a videotape of the area which the Planning Board should see. I can have it for viewing at a future Board meeting* (c) The area contains a year-round stream that forms the sole source of water for Fremont Pond, which is a significant amenity of Sleepy Hollow Manor, ay filling the ravine and destroying the wetland and stream, and placing more than IUO graves over top the stream, the Cemetery will create a situation of potential pollution of Fremont Pond by lead and other pollutants. The impact of cemeteries on ground water and surface water has been the subject of ongoing concern by the U.S. Environmental Protection Agency. (d) The area is lovely. It contains some extremely large traaa, vhich will inevitably be destroyed. The cemetery"v claim that there are no good trees in this area Is simply untrue. 6. The Cemetary is required to secure a permit from the New York Department of Environmental Conservation in order to enclose the stream in a pipe. It initially claimed it needed no such permit, and only grudgingly agreed after the DEC wrote a letter to the Planning Board confirming what we had informed the Board at an earlier meeting. 7. There are planning and sound land uss reasons ror denying a permit to destroy the area, which also would support denial of site plan approval. (a) The ravine and its tree canopy act as a natural visual buffer, preventing what would otherwise be an unrelenting view of gravestones along Route 9* This is a scenic highway, and the village residents fought the New York D O T ' S attempt to cut the sycamore trees and widen the road. Ths northern end of the cemetery is ugly by any standards. The • P03/05 �.19-91 10:32AM SIDLEY&AUS. 212 4182165 P04/05 troo canopy which tno oomotary wante «o replace with additional gravestones obstructs tht view from all local angles, effectively obscuring the graves from full viaw, sna videotape clearly demonstrates this. (b) The cametary la essentially at the and of its activa Ufa. it apparently want* to squeeze a fev laat graves into tha hillside to keep its employees working for a few more years, rogardleee of the •nvironmental ooet to the community. All cemeteries eventually run out of apace, and this one is not exception. Apparently the cemetery is funding its operations out of grave site sales. This is not a situation that will last very long even if it nanagee to bury sore bodies in tha Fremont Gorge* If it truly has no alternative land area for expansion* then now is tha tine to abut it down. The cametary trustee*, and/or the village can apply to the state for maintenance funds to manage it as a park. oot Richard svoot Sean Duggan (by fax) David Perlautter (by fax) Nicholas Robinson (by fax) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-09-19 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 https://sleepyhollow.localarchives.org/files/original/1f28c588f50a941e97644ae0437964db.pdf 2b325b807a949b9abca7d7ea35d9c6b8 PDF Text Text Planning Board Regular Meeting North Tarrytown, New York October 17, 1991 A regular meeting of the Planning Board was held on the above date at Village Hall, North Tarrytown, New York. PRESENT: James Galgano, Chairman Ellen Tsangaris Steve Baderian Roman Windas Richard Ayers Edward McCarthy Steven Salman ALSO PRESENT: Robert W. Spencer, Village Attorney James Margotta, Building Inspector Thomas Gissen, Village Planner Joseph Gulino, Village Engineer Chairman Galgano called the meeting to order at 8 P.M. 1. In the matter of Akin sub-division Sam Watkins, the attorney for the applicant, presented a map of Lots l and 8 showing the location of significant trees on the lots. Chairman Galgano stated that in light of the decision of Judge LaCava overturning the grant of an area variance to the applicant for Lot 1 by the Zoning Board of Appeals, the applicant would have to go back to the Zoning Board of Appeals and request an area variance for Lot 1. Mr. Watkins confirmed that the applicant would be applying to the Zoning Board of Appeals for the area variance in the near future, and requested that the Planning Board accept the map with the tree survey at this time. After discussion, the Planning Board did accept for the file the map with tree survey submitted by the applicant. No further action is required of the Planning Board. Chairman Galgano stated that the public notices had not been published in time; therefore the balance of the meeting would be an informational meeting. 2. In the matter of Sleepy Hollow Cemetery Mr. Nardecchia, Engineer for the Cemetery reported that the question of possible lead contamination had been raised and stated that lead is no longer used in caskets or embalming fluids, and that no lead would be introduced into the area. Mr. Salman stated he believed that underground springs also �—' •> feed Fremont Pond, as the run off from the ravine does not relate to the size of the pond. Carmine Catallano, stated he represented Dwyer Funeral Home, a N.Y.S. licensed funeral parlor, and reported that no lead or arsenic is used in embalming. All products conform to OASHA and EPA standards. He would obtain written document statements for the record. Mr. Gerard Weiss, a member of the Board of Directors of the Cemetery, stated that Fremont Pond receives runoff from the storm drainage ditches along Route 9 and water from the Donohoe Field culverts. He gave various background information regarding the Peabody property. Bill Graham, Superintendent of the Cemetery, stated that some of the trees which are to be removed in connection with the project have been sprayed but, due to a blight and insects, are dying. After a discussion Chairman Galgano stated that a Public Hearing would be held on the matter at the November 21st meeting. 3. In the matter of David Rockefeller John Cahill, Attorney for the Applicant, reported that a new site plan has been submitted to the Planner for review, and other matters will be addressed at the Public Hearing. After a discussion Chairman Galgano stated that a Public Hearing would be held on the matter at the November 21st meeting. 4. In the matter of Phelps Memorial Hospital office building Chairman Galgano stated that a letter had been received from the Sleepy Hollow Manor Taxpayers' Association regarding the project. (Copy in Official Minutes) Vincent Belango presented plans to the Board. Mr. Edward Gonzalez, representing the Hospital, informed the Board of the Hospital's plan to build an office building for Doctors on the staff. Chairman Galgano raised the question of adequate water pressure for the area, and the adequacy of the sanitary sewers. Mr. Salman stated there was a problem with the capacity of the pumps at the Riverside Drive pump station at one time and questioned the adequacy of the pump station to handle additional sewage from the new construction. Mr. Gissen, Planner for the Village, stated he had received the plans a few days ago and needed more time to review them. He raised the question of more backup as to parking needs, and the �possibility of increased traffic. The Hospital has been in touch with the N.Y.S.D.O.T. regarding the interchange at Route 9 and Route 117 and the traffic problem will be addressed at the Public Hearing. Mr. Margotta questioned the use of the incinerator and the new law to take effect January 1st, 1992 regarding incinerators. After further discussion, Mr. Galgano stated that the Board would hold a Public Hearing at the meeting to be held on November 21st. Mr. Windas moved, seconded by Ellen Tsangaris, that the Planning Board be designated the lead agency for the Hospital project. Carried unanimously. Chairman Galgano stated that the minutes of the September meeting would be approved at the next meeting. After a discussion, Chairman Galgano named Steve Baderian to represent the Planning Board on the Tree Commission. There being no further business to come before the Board Mr. Windas moved, seconded by Mr. Ayers, that the meeting be adjourned. Carried unanimously. Respectfully submitted, Irene Amato Acting Clerk �SLEEPYHOLLOWMANORTAXPAYERS'ASSOCIATION October 16, 1991 Mr. James Galgano Chairman, Planninq Board Village Hall 28 Beekman Avenue North Tarrytown, New York 10591 Dear Mr. Galgano, ^^ In my capacity as President of the Sleepy Hollow Manor Taxpayers' Association, I wi.-ite regarding the Medical Office Building proposed by Phelps Memorial Hospital. After having met with Mr. Keith Safian, Ms. Victoria Miller, Mr. Richard Gerber, and Mrs. Emily Spaulding, the members of the Taxpayers'• Association feel that Sleepy Hollow Manor's concerns were indeed taken into consideration in ths planning stages of the new building. However, I would like to bring to the Planning Board's attention certain assurances given to us by the Phelps representatives during these meetings. We ask that the approval of this new building, should the Planning Board decide to approve it, be contingent upon the inclusion of the following, mutually agreed upon, items; 1. All contractors and subcontractors involved in this project must be required to have all construction vehicles and vehicles delivering construction materials enter and leave the site via the North entrance to the Phelps Hospital property, at the intersection of Rt.117 and Rt.9. fe 2. A genuine attempt shall be made to make the North entrance the main entrance to the hospital complex, leaving the South entrance only as access to Emergency Room traffic, the doctors' parking area, the Residence Building, and the Robin's Nest Center. All other buildings would be accessed by the North entrance. �,f A 3. Evergreen trees and shrubs will be planted along the boundary between Phelps and the landfill area which abuts Sleepy Hollow Manor to block the neighborhood's view of the hospital complex. Some additional evergreen plantings will be made along the entry road from Rt.9 to replace old trees which have been removed. These act as a screen against traffic noise and block the view of the road. 4. Lighting for the new building and parking areas must be designed to be inobtrusive to residents of Sleepy Hollow Manor. We wish great success to Phelps Hospital in this new undertaking. Thank you very much for giving this your consideration. Sincerely, JA^, ftiJfr* Ilene Phillips President, Sleepy Hollow Manor Taxpayers' Association 54 Hemlock Drive North Tarrytown, New York 10591 cc: Planning Board members Mr. Keith Safian �Apprq^veq wi£h r e s p e c t t o s u b s t a n c e and form: 1 m V i l l a o / e Attorfte]y Dated: , ^ Approved by t h e Planning Board lirman or Acting Chairman itedra^^l F i l e d w i t h Deputy Clerk Gireik oT Deputy Clerk Dated: lOJLo f q t DATE OF MEETING: S^Jpl - ' * ' ** ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-10-17 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 https://sleepyhollow.localarchives.org/files/original/da40b2c6b2b0f9afd41b6b652032df45.pdf 80ea00268a6fc06406d92d1dd295c99a PDF Text Text Planning Board Regular Meeting November 21, 1991 A regular meeting of the Planning Board was held on the above date at Village Hall, North Tarrytown, New York. PRESENT: James Galgano, Chairman Ellen Tsangaris Steve Baderian Richard Ayers Steve Salman Edward McCarthy Roman Windas ALSO PRESENT: Robert Spencer, Attorney James Margotta, Building Inspector Thomas Gissen, Frederick P. Clark Associates, Inc. Joseph Gulino, Charles A. Manganaro Consulting Engineers Chairman Galgano called the meeting to order at 8 P.M. 1. Preliminary Hearing-Hudson Canyon Construction, 281 North Broadway-Renovation and Repair. T.J. Muldoon representing Hudson Canyon Construction presented plans to the Board for the project. He stated that the building in its present condition was an eyesore and it was his intention to renovate the building on the site for use as an office, garage and two residential apartments. At the present time it is a garage with apartments on the second floor. Several variances would be needed as the pre-existing non-conforming site conditions would not be grandfathered due to the extensive proposed renovations. After a discussion Chairman Galgano referred Mr. Muldoon to the Zoning Board of Appeals for the necessary variances, stating if the variances were granted he could appear before the Planning Board at the December meeting. Mr. Gissen, Planning Consultant for the Village, presented a memorandum of comments about the proposed site plan. Mr. Gulino, Consulting Engineer for the Village, presented a memorandum regarding comments as to potable water, sewage and storm drainage. (Copy in official minutes). 1 �2. Public Hearing-David Rockefeller-Approval of sub-division Webber Avenue-Section 17, Block 4, Lot A23 Clerk read the public notice to hear and consider an application by David Rockefeller for approval of a sub-division of premises on Webber Avenue, Tarrytown, New York and shown as Section 17, Block 4, Lot A23 on the tax assessment map of the Village of North Tarrytown. Chairman Galgano asked if there was anyone present who would like to address the Board. Mr. John Cahill, attorney representing Mr. Rockefeller, stated the purpose of the sub-division is to create a new separate lot for an existing building. A second proposed lot initially shown on the map will not be created at this time. Any required easement to provide access to Webber Avenue from the new lot will be provided. Mr. Gulino, Consulting Engineer for the Village, presented a memorandum regarding topography, location of existing site features, including wetlands, fire hydrants, sewage, drainage and potable water. (Copy in official minutes). Mr. Thomas Gissen, Planner for the Village, presented a memorandum regarding the comments of Frederick P. Clark Associates, Inc. (Copy in official minutes). Mr. Tom Gissen raised the issue whether the applicant needed a variance for a pre-existing building on the new lot which exceeded the maximum height limitation by reason of the creation of a new lot line near the building. No changes would be made to the existing building. Village Attorney Robert Spencer stated his opinion that no variance would be required. There being no further comments to come before the Board, Mr. McCarthy moved, seconded by Mr. Ayers that the hearing be closed. Carried unanimously. The Board determined that the proposed sub-division is an unlisted action under the State Environmental Quality Review Act and that the proposed action will not result in any large and important impact and, therefore, is one which will not have a significant impact on the environment. After a discussion, Mr. McCarthy moved, seconded by Ms. Tsangaris that the sub-division be approved as requested and that a one acre parcel be created from the parcel known as Section 17, Block 4, Lot A23 on the tax assessment map of the Village. Carried unanimously. 2 �3. Public Hearing-David Rockefeller-Approval of sub-division of premises on 132 Bedford Road-Section 17, Block 18 Lot B17. Clerk read the public notice to hear and consider an application by David Rockefeller for approval of a sub-division of premises on 132 Bedford Road, North Tarrytown, New York and shown as Section 17, Block 18, Lot B17 on the tax assessment map of the Village of North Tarrytown. Chairman Galgano asked if there was anyone present who would like to address the Board. Mr. John Cahill, attorney for the applicant, discussed the proposed sub-division. Mr. Gulino, Consulting Engineer for the Village, presented memorandum regarding storm water, sewage, potable water and proposed and existing site plan. (Copy in official minutes). Mr. Thomas Gissen, Planner for the Village, presented a memorandum regarding the comments of Frederick P. Clark Associates, Inc. (Copy in official minutes). Mr. Thomas Gissen raised the issue whether the applicant could be required to dedicate to New York State land needed to widen Route 448 to the minimum standard currently required by New York State. Village Attorney Robert Spencer stated his opinion that New York law did not provide clear authority for the Planning Board to require the dedication of such additional property as part of the process of approving the proposed subdivision, but that the issue is academic because the applicant has offered to convey the required property to New York State without charge. John Cahill confirmed that David Rockefeller has offered to convey the property to New York State without charge to widen Route 448. There being no further comments to come before the Board, Mr. McCarthy moved, seconded by Mr. Ayers, that the hearing be closed. Carried unanimously. The Board determined that the proposed sub-division is an unlisted action under the State Environmental Quality Review Act and that the proposed action will not result in any large and important impact and, therefore, is one which will not have a significant impact on the environment. After a discussion, Mr. McCarthy moved, seconded by Mr. Ayers that approval be granted for a sub-division of premises on 132 Bedford Road, North Tarrytown, and shown as Section 17 Block 18, Lot B17 on the assessment map of the Village of North Tarrytown. Carried unanimously. 3 �4. Public Hearing-Sleepy Hollow Cemetery-Application for the grant or waiver of a wetlands permit. Clerk read the public notice to hear and consider an application by Sleepy Hollow Cemetery for grant of a wetlands permit for proposed construction for additional grave sites at a portion of the premises known as 540 North Broadway, North Tarrytown, (Sleepy Hollow Cemetery) and shown as Section 11, Block 13, Lot 21 on the tax assessment map of the Village of North Tarrytown and the approval of a proposed mitigation plan. Chairman Galgano asked if there was anyone present who would like to address the Board. Mr. Gulino, Consulting Engineer for the Village, presented a memorandum of his comments on the project. (Copy in official minutes). Mr. Thomas Gissen of Frederick P. Clark Associates, Inc., planning consultants to the Village, presented a memorandum of his comments about the project. (Copy in official minutes) . Mr. Gerard Weiss, representing the Sleepy Hollow Cemetery Association, stated that representatives of the Cemetery had met with representatives of the Sleepy Hollow Manor Taxpayers Association and resolved all outstanding problems. Mr. Edmund Stocklein, representing the Sleepy Hollow Manor Taxpayers Association, confirmed that the parties had resolved all outstanding problems. Mr. Larry Nardecchia, Consulting Engineer for the Cemetery, presented final plans with all of the agreed upon changes and modifications. There was a discussion concerning the area of the wetlands impacted by the proposed project, and the authority of the Board to waive or modify provisions of the Wetlands Ordinance. Thereupon, Mr. McCarthy moved, seconded by Mr. Salman, that the following resolutions be adopted: RESOLVED, that the Planning Board acting as lead agency, has determined that the issuance of a wetlands permit to the Sleepy Hollow Cemetery in connection with the proposed filing and drainage project, containing proposed mitigation measures, is an unlisted type action under the State Environmental Quality Review Act, and that the project will not result in any large and important impact and, therefore, is one which will not have a significant impact on the environment. 4 �RESOLVED, that the Planning Board of the Village of North Tarrytown has determined that the total amount of Wetlands area to be disturbed by the project proposed by the Sleepy Hollow Cemetery Association is less than one-tenth (1/10) of an acre; RESOLVED, that the applicant be required to file only a short-form application for a wetlands permit which shall include only the information required by Sections 61-10-A(1) through (6)(c) and A(7); RESOLVED, that a wetlands permit be issued to the Sleepy Hollow Cemetery Association in connection with the proposed project to create additional grave sites subject to the following conditions: (1) the water quality of the stream in the area of the project will not be contravened by sedimentation as the result of direct run-off from construction activities or final grading of the ravine. (2) only clean uncontaminated fill shall be used in connection with the project, which shall not include concrete masonry or construction and demolition debris, pulverized or otherwise. (3) Sleepy Hollow Cemetery Association shall proceed with the permitted project in accordance with the plans dated November 18, 1991, including the proposed layout of trees and shrubs. (4) the project map shall contain an additional note which provides that if the New York State Department of Transportation does not permit the planting of replacement Sycamore trees adjacent to the Route 9 right of way, the Cemetery will meet with the Planning Board and develop an alternate planting proposal. RESOLVED, that the Planning Board waive any mitigation requirements of Section 61-13 of the Wetlands Ordinance, except as provided in these resolutions. RESOLVED, that the Cemetery obtain all other required permits before proceeding with the project, including any permits from the New York State Department of Environmental Conservation. Carried unanimously. 5 �5. Public Hearing-Phelps Memorial Hospital-701 North Broadway Site approval for construction of medical office building. Clerk read the public notice to hear and consider an application by Phelps Memorial Hospital Association for site plan approval for construction of a medical office building adjoining the Hospital at the premises known as 701 North Broadway, North Tarrytown, (Phelps Memorial Hospital) and shown as Section 11, Block 1, Lot 3A on the tax assessment map of the Village of North Tarrytown. Chairman Galgano asked if there was anyone present who would like to address the Board. Mr. John Hughes, Jr., representing the Phelps Memorial Hospital Association stated that plans have been presented to the Village Planners and Engineers. Mr. Gulino, Consulting Engineer for the Village, presented a memorandum outlining comments about the project. (Copy in official minutes). Mr. Thomas Gissen, Planner for the Village, presented a memorandum of comments about the project, including, site plan approval, height of building, trees, setbacks, and traffic impact. (Copy in official minutes). Chairman Galgano stated in his opinion the property would have to be sub-divided and the new building and land have to be put on the tax roll. Mr. Hughes stated that approximately 99% of the building would be leased. The Hospital would work with the Village to provide for the building and related facilities to be assessed, including a sub-division of the parcel for tax purposes. Mr. Gissen stated if a sub-division was required, numerous variances might be required. A discussion followed regarding the capacity of the pumps, tanks etc. for sewage. It was also stated that I.B.N, is willing to go along and help Phelps with the project's sewage flows. Mr. McCarthy moved, seconded by Mr. Ayers that the Planning Board, as the lead agency circulate the long form of the Environmental Assessment Report to all interested and involved agencies and ask for comments and suggestions. There being no further comments, Mr. Ayers moved, seconded by Mr. Windas that the hearing be continued until the December meeting. 6 mm i �•l Minutes Mr. Ayers moved, seconded by Mr. Salman that the September and October minutes be approved as submitted. Carried unanimously. After a discussion, Mr. McCarthy moved, seconded by Mr. Ayers, that the comments made at the October work session concerning the various applications discussed at that session be incorporated into the minutes of the meeting of November 21, 1991. There being no further business to come before the Board, Mr. Ayers moved, seconded by Mr. Salman, that the same be duly adjourned. Carried unanimously. Respectfully submitted, Irene Amato Acting Clerk 7 �PLANNING BOARD VILLAGE OF NORTH TARRYTOWN RESOLUTION: I SUBDIVISION APPROVAL PROPOSED ACTION: SUBDIVISION OP SECTION 17, BLOCk 18, LOT B-17 INTO TWO OWNER: LOCATION: TAX MAP NUMBER: ZONING: LOTS IDENTIFIED AS PARCEL ONE AND PARCEL TWO ON THE H S I T E II PRELIMINARY SUBDIVISION MAP," PREPARED BY L. DUNCAN OLMSTED, JR. AJND DATED JULY 1991. DAVID ROCKEFELLER NORT^EA^T CORNER OF THE INTERSECTION OF BEDFORD ROAD AND SLEEPY HOLLOW ROAD. SECTION 17, BLOCK 18, LOT B-17. R-L, RESIDENTIAL. i WHEREAS, the Planning Board of the Village of North Tarrytown has reviewed an application for subdivision approval (the Application) pursuant to the Subdivision (Regulations of the Village of North Tarrytown, Chapter 62, Zoning, 6f the Code of the Village of North Tarrytown and other requirements of the Village Code considered pertinent to the application, which application is to subdivide Tax Lot B-17 of Section 17, Block 18 in the Village Of North Tarrytown into two new lots identified as Parcel 1 (1.0 acres) and Parcel 2 (83.024 acres) on the "Site II Preliminary Subdivision Map," prepared by L. Duncan Olmsted, dated July 1991; and WHEREAS, the Application is supported by a subdivision plan prepared by L. Duncan Olmsted, South Salem, New York, dated July 1991 an£ titled, "Site II Preliminary Subdivision Map Prepared for Village of North Tarrytown Town of Mount Pleasant West. Co. N.Y.", and a short form Environmental Assessment Form; and WHEREAS, the applicant has stated on the record that the applicant will convey without charge any jand all lands necessary to improve all streets adjacent to Lot B-17 at the time the appropriate governmental authorities undertake any such widening; and WHEREAS, in light of the above, the Planning Board determines not to Condition this subdivision approval upon said dedication of adjacent street areas; and �WHEREAS, in the course of its review, 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 November 21, 19pi, at which time the applicant, planning Board, its consultants and members of the public were given an opportunity to be heard* i Requested, received and reviewed an Environmental Assessment Form (EAF) in compliance with the New York State Environmental Quality Review Act (SEQR)• i 4. i 5. Determined that the proposed action is an unlisted type under SEQR and hereby issues a "negative declaration" determination of'• non-significance with regards to the environmental impact for this unlisted action; NOW, THEREFORE, BE IT RESOLVED, that said subdivision application and subdivision plan, as shown on the subdivision plan prepared by L. Duncan Olmsted, South Salejn, New York, prepared July 1991 and titled, "Site II Preliminary Subdivision Map Prepared For Village'of North Tarrytown Town of Mount Pleasant West. Co. N.Y.", be and hereby are granted final subdivision 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 subdivision plan resolution and upon final mylar copy of the subdivision plan drawing revised as necessary to; show compliance with the following conditions, provided, however, that this approval shall expire ninety (90) days from the date Of this resolution if the following conditions have not been completed to the satisfaction of the Planning Board: • 1. 2. Revision of the final plat to identify said plat as a "Final Subdivision Plan Prepared For David Rockefeller." I i j J Revision of the final plat to comply with the requirements of § 11.A.(l) of the Subdivision Regulations of the Village of North Tarrytown, to the satisfaction of the Building Inspector, Village Planning Consultant and Village Engineering Consultant. �3. Revision of the final plat to comply with recommendations 1,^,4,5,6,7 and 8 of the Village Engineering Consultant** November 20, 1991 memorandum to the Village of North Tarrytown Planning Board, entitled, " David Rockefeller Subdivisions Village of North Tarrytown, NY CAMCE #1443R." 4. Review Fees - the applicants shall pay the Village of North Tajrrytown application review fees as noted and required in Section 62-30(f) of the Village Zoning Code, as approved by the Village Attorney. 5. Date of this resolution subdivision plan. s , shall be noted on the final PLANNING BOARD VILLAGE'OP NORTH TARRYTOWN Date 500\not2-005.tp /Vo/. <A/ /?<?/ �PLANNING BOARD VILLAGE OF NORTH TARRYTOWN RESOLUTION; SUBDIVISION APPROVAL PROPOSED ACTION: SUBDIVISION OF SECTION 17, BLOCK 4, LOT A-23 INTO TWO LOTS IDENTIFIED AS LOT ONE AND LOT TWO ON THE "SlTE I SKETCH MAP SUBDIVISION" PLAN PREPARED BY L. DUNCAN OLMSTED, JR., DATED MAY 1991 AND LAST REVISED OCTOBER 9, 1991 AND THE MERGER OF SAID LOT ONE AND SECTION 17, BLOCK 4, LOT A-20 INTO A NEW PARCEL A-20. OWNER: DAVID ROCKEFELLER LOCATION: NORTHWEST CORNER OF BEDFORD ROAD AND WEBBER AVENUE. TAX MAP NUMBER: SECTION 17, BLOCK 14, LOTS A-20 AND A-23. ZONING: R-3, RESIDENTIAL. WHEREAS, the Planning Board of the Village of North Tarrytown has reviewed an application for subdivision approval (the Application) pursuant to the Subdivision Regulations of the Village of North Tarrytown, chapter 62, Zoning, of the Code of the Village of North Tarrytown and other requirements of the Village Code considered pertinent to the application, which application is to subdivide Tax Lot A-23 of Section 17, Sheet 4 in the Village of North Tarrytown into two new lots identified as lots 1 and 2 on the "Site I Sketch Map Subdivision" plan, prepared by L. Duncan Olmstedj dated May 1991 and last revised October 9, 1991 and further to merge said Lot 1 with Tax Lot A-20 of Section 17, Sheet 4;" and! WHEREAS, the Application is supported by a subdivision plan prepared by L. Duncan Olmsted, South Salem, New York, prepared May 1991, list revised October 9, 1991 and titled, "Site I Sketch Map Subdivision of Property Situate in the Village of North Tarrytown Town of'Mount Pleasant Westchester County, N.Y.", and a short form Environmental Assessment Form; and WHEREAS, the village Attorney has determined that this subdivision approval will have no impact on the pre-existing nonconforming status of the multi-family residential structure located on Lot A-2 3, which is non-conforming with regards to its use, height £nd yard setbacks, and that said structure and use is protected and may continue, subject to Article VII of Chapter 62 of the Code of the Village of North Tarrytown; and �I WHEREAS, in the course of its review, the Planning Board has made the following findings and caused, noted 6r 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. Hejd a public hearing on said application on November 21, 1991, at which time the applicant, Planning Board, it's consultant* and members of the public were given an opportunity to be heard. j . Requested, received and reviewed an Environmental Assessment Form (EAP) in compliance with the New York State Environmental Quality Review Act (SEQR). Determined that the proposed action is an unlisted type under SE$R and hereby issues a "negative declaration" determination of non-significance with regards to the environmental impact for this unlisted action; 4. 5. NOW, THEREFORE, BE IT RESOLVED, that said subdivision application and subdivision plan, as shown on the subdivision plan prepared by L. Duncan Olmsted, South Salem, New York, prepared Hay 1991, last revised October 9, 1991 and titled, "Site I Sketch Map Subdivision of Property Situate in the Village of North Tarrytown Town of Mount Pleasant Westchester County, N.Y.", be and hereby are granted final subdivision 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 subdivision plan resolution and upon final my^ar copy of the subdivision plan drawing revised as necessary to show compliance with the following conditions, provided, however, that this approval shall expire ninety (90) days from the date of this resolution if the following conditions have not been completed to the satisfaction of the Planning Board: 1. Revision of the final plat to identify said plat as a "Final Subdivision Plan." 2. Revision of the final plat to comply with the requirements of § il.A.(l) of the Subdivision Regulations of the Village of Nojrth Tarrytown, to the satisfaction of the Building Inspector, village Planning Consultant and Village Engineering Consultant. Revision of the final plat to comply with recommendations 1,^,4,5,6,7 and 8 of the Village Engineering Consultants November 20, 1991 memorandum to the Village of North Tarrytown Planning Board, entitled, " David Rockefeller Subdivisions Village of North Tarrytown, NY CAMCE #1443R." I 3• 1 �4. Review Fees - the applicants shall pay the Village of North Tafrytown application review fees as noted and required in Section 62*30(f) of the Village Zoning Code, as approved by thi Village Attorney. 5. Date of this resolution subdivision plan. 6. Documentation providing for the continued provision of the twinty-five-foot wide easement connecting Fairview Avenue and Webber Avenue across Lot A-23, to the satisfaction of the Village Attorney. shall be noted on the final PLANNIN^ BOARD VILLAGE OF NORTH TARRYTOWN By \\flmti/l^ J L * £ # a ^ Parties Galganoy Chaktfnan 50O\nct2-004?.ta Date A/*V. At Hit �Approyed/witfh ^respect t o substance and form: n V i l l a g e Attorrfe. Dated: \ '^/^V Approved by t h e Planning Board Cratprrman or Acting Chairman F i l e d with Deputy Clerk Clerk or Deputy Clerk Dated! L 5 f^/ f n— (A^C^^LccL: O^DSU^- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-11-21 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 https://sleepyhollow.localarchives.org/files/original/286de79542c304f2385f3b4bff123f2f.pdf fdc07f8491d9fc84ba770e1f0f65063c PDF Text Text Planning Board Regular Meeting North Tarrytown, New York December 19, 1991 A regular meeting of the Planning Board was held on the above at Village Hall, North Tarrytown, New York. PRESENT: James Galgano, Chairman Ellen Tsangaris Richard Ayers Steve Salman Edward McCarthy Roman Windas ABSENT: Steve Baderian ALSO PRESENT: Robert Spencer, Attorney James Margotta, Building Inspector Joseph Guilino, Engineering Consultant Thomas Gissen, Planning Consultant Chairman Galgano called the meeting to order at 8 P.M. Sleepy Hollow Cemetery-Wetlands Permit Mr. Larry Nardecchia, representing Sleepy Hollow Cemetery, stated that the project would start as soon as permits were received from the D.E. C. Final plans were submitted to the Board and an amendment to the resolution adopted at the November meeting was necessary stating that the proposed action is an unlisted action which requires evaluation by the Planning Board. Mr. Windas moved, seconded by Mr. Salman that the Attorney prepare the amendment. Carried unanimously. Antonio Rodrigues. 3 58 North Broadway-Preliminary Hearing Mr. Larry Rodrigues presented preliminary plans for the renovation of the former McCall-Frandsen Showroom which is to be used as a kitchen cabinet showroom and assembly factory. Attorney Spencer left the room as he is representing the seller of the property. Mr. Rodrigues stated it was his plan to move the factory and showroom from Valley Street to North Broadway. Part of the adjoining property being purchased by the applicant will be used for a car-wash. �Mr. Windas stated that Mr. Rodrigues should present plans that show all uses for the property and show exact lot lines. After a discussion, Mr. Windas moved, seconded by Mr. Salman, that the matter be referred to the Zoning Board. Carried unanimously. Demetrios Krinaas-Webber Avenue-Update signatures Mr. Kringas stated he was appearing before the Board for an update of the Board Chairman's signature in order for him to file with the Westchester County Board of Health. After a discussion Mr. Windas moved, seconded by Mr. Salman, that the Chairman be authorized to sign the Site Plan to be filed with the Board of Health by Mr. Kringas. The applicant stated that there were no changes in the proposed sub-division since it was approved by the Zoning Board, Planning Board and the Architectural Review Board. Mr. Gulino stated that the drainage calculations were never submitted to the Engineer, but were to be provided by the Architect before a building permit is issued. Hudson Canyon Construction-281 North Broadway-Renovations Mr. T. Muldoon stated he had received approval from the Zoning Board and needed the approval of the Planning Board. Mr. Gissen stated that the memo presented at the November meeting recommended that a vegetative buffer or a fence be installed at the rear of the property to separate commercial from residential property use. Mr. Galgano stated when a site plan is presented it should show the buffer and lighting to be installed. Mr. Muldoon stated the plans have been updated and he will send a copy to Mr. Gissen. Mr. Galgano stated that Mr. Muldoon should send a complete set of plans to the Board members prior to the next meeting so they can be reviewed. Mr. Windas moved, seconded by Mr. McCarthy, that a public hearing be held at the January 16th, 1992 meeting to discuss the renovations. Carried unanimously. Phelos Memorial Hospital-701 North Broadway-Continued Mr. John Hughes representing Phelps Memorial Hospital reported on the status of the project, and stated that an Environmental Assessment Form was sent to identified �I interested and involved agencies and any replies should be expected by January 6th. He also stated the Village had received notification from the N.Y.S.D.O.T. which stated the issue was strictly local. A discussion followed regarding sub-division of the property, which the Planning Board members felt would be more favorable to the Village. Hospital representatives stated that if a subdivision is not used, the Hospital would give a long term lease to a limited partnership to specify the property to be used for the project. Mr. Margotta stated that a description of the property on which the project will be constructed should be presented to the Village. Said description to be a metes and bounds description. It was also stated that the Hospital would like to commence the project before April 1st, 1992, as construction costs would be going up. Minutes Mr. Ayers moved, seconded by Mr. Windas, that the minutes of November 21st, 1991 be approved as submitted. Carried unanimously. There being no further business to come before the meeting Mr. Windas moved, seconded by Mr. Salman, that the meeting be duly adjourned. Carried unanimously. Respectfully submitted, Irene Amato Acting Clerk �Approved v/it/h Ltm rre; e s p e c t t o s u b s t a n c e and form: Village Attorney Dated: , ikv. Apjtftoved by t h e Planning Board msJLL CJa^irman or Acting CJ&Jairman -ed: 3 / / ? / ? t - F i l e d w i t h Deputy Clerk Clerk o r Deputy Clerk Dated: JjU'-jfz, �Approved w/rt^i respect t o substance and form: 1 m^L Village Attorney Dated: _i , \ Approved by the Planning Board Charirman or Acting Chairman Filed with Deputy Clerk Clerk or Deputy Clerk Dated: 3faJig, iVUi CkCtrvb^ ^l11« "P^o^e.! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1991 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1991-12-19 Subject The topic of the resource Planning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991