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                    <text>REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
March 21. 1996

A regular meeting of the North Tarrytown Planning Board was held on March 21,1996 at
8:00 p.m. in the Village hall, 28 Beekman Avenue, North Tarrytown, New York.
PRESENT:

George Hritz, Chairman
Donald Caetano
Nicholas Cicchetti
Betsy Sawyer Gaylin
Joanne Becker
Edward McCarthy
David Perlmutter

ALSO PRESENT:

Janet A. Gandolfo, Village Attorney
James Margotta, Building Inspector
Christian Miller, Frederick P. Clark, Assoc.
Mark DiGennero, CAMCE

Chairman Hritz called the meeting to order at 8:10 p.m.
Chairman Hritz commented that Trustee Sweet reminded him that a meeting was
scheduled on Monday night before the Tarrytown Planning Board regarding the Hudson
Recyling, Inc. final environmental impact statement.
1. Roger and Graciela Rodriguez. 23 Hudson Street - Application for retaining wall
Applicants were not present.
2. Chestnut Ridge site plan application continuation - Laurentino Rodrigues
Chairman Hritz read a memo from the engineers dated March 14,1996 and
according to Mr. Cheverlier, the applicant's engineer, the project submittal should not be
considered final at this time. Chairman Hritz confirmed this fact with Mr. Turnquist,
architect for the applicant.
Mr. Turnquist explained that some of the testing on the borrings werre not good
and had to be done over. The applicant went back to the structural engineer to do several
borrings again. Mr. Turnquist said that the Village engineer wanted a stamp or seal on
the documents from the soil engineers but this was a problem because the engineer was in
South Carolina.
Mr. DiGennaro stated that there was a discrepancy between the two sets of
borrings submitted by the application. He also insisted that the applicant's engineer
stamp his seal on any submissions. This had not been done.
Mr. Miller stated that he had two outstanding items with the parking area on the
plans. The clearance height did not seem to be high enough to meet the 9'6" required by
the State and the handicapped space did not appear to be big enough.
Ms. Gandolfo asked whether the plans now submitted combined all of the earlier
plans. Mr. Miller stated that this final submission was considered a complete plan and it

�contained all the relevant information.
Discussion on the plans followed.
Mr. DiGennerao stated that he wasn't sure what the applicant planned for Wall B.
Mr. Turnquist stated that the entire wall was going to be a crib wall.
The applicant stated that he need approval for Wall A so that he could get started
before the bad weather.
Mr. DiGennaro stated that if he straightened out the issue of the seal with Wall A
he would have no problem approving it.
The Chairman stated that the Board could pass a resolution approving the project
subject to the receipt of the seals by the applicant's engineer.
Mr. DiGennaro stated that it was up to the board whether they wanted to allow a
project to commence with that condition.
Mr. Miller stated that if approval was granted, it should be granted for the whole
project subject to the above conditions.
A discussion on Walls A and B ensued.
Mr. Caetano asked Mr. Turnquist how long it would take to submit the final
stamped plans.
Mr. Turnquist stated that could be submitted next week.
Mr. Cicchetti stated that in November of 1995 the Board faced a similar situation
with this application. The Board said then that Mr. Rodrigues could go ahead with one
wall on conditional approval.
Mr. Perlmutter stated that once the applicant submits all final plans to the Village
consultants he can get started.
Mr. Caetano made a motion to close the Public Hearing.
Mr. Perlmutter seconded.
Public Hearing closed.
Chairman Hritz stated that the site plan approval was subject to the following:
1. Receipt of the plans for retaining Wall B by Frederick P. Clark, Assoc, and the
Village Engineer and their approval of same.
2. Receipt of the final seals from the crib wall design engineer.
3. Corrections of the drawings to reflect the clearance height for handicapped
parking and the tree change.
4. Receipt of the final seals for the soils.
Mr. Caetano made a motion to approve the site plan application subject to the

�conditions previously mentioned.
Mr. Cicchetti seconded the motion.
Motion carried unanimously.
3. Sunoco Service Station canopy application. 377 No. Broadway
John Hughes, Esq., attorney for the applicant, stated the Nick Galbo has been
operating the gas part of the business for the last 5 years and has a long term lease to
continue to operate the business. The only new structure in this application would be for
a canopy over the pumps. It involves taking the existing structure and remodeling the
interior, so the garage bays are essentially removed and in their place a convenience style
store would be built.
Discussion on the existing and proposed lay-out ensued.
Mr. Hughes stated that if the applicant were not allowed to maintain a large apron
on the property, he would not continue with this application.
Discussion followed as to whether the New York State DOT would allow the
apron.
The application was adjourned to the next Planning Board meeting.
4. Tim Cronin. 15 Bedford Road - Sleepy Hollow Road
Mr. Cronin said that the ARB referred them to the Planning Board because they
fell under the new ordiance in reference to changing the slopes. They had a back yard
that the slopes are appoximately 33%. When we built a retaining wall, an 8" high
retaining wall, it created a 40%. There was a vacant lot behind and south of that was a
new sub-division owned by Mr. Barstow. We promised to put trees on top of the wall.
Chairman Hritz asked if all he needed was a specific approval for the wall.
Mr. Cronin said that was it. He passed pictures of the property and wall around to
the Board members and explained them to the Board. He said that the ARB did not
opposed the 3 level wall. He submitted a drainage analysis to the engineer. They will not
increase the run-off to the neighbors.
Discussion followed on the wall.
Mr. Caetano asked about landscaping.
Mr. DiGennaro said that his only comment was that he was asked to look at the
wall. It seemed to satisfy the requirements. The only thing was that on the plans there
weren't any calculations for the wall.
Chairman Hritz asked for a motion to approve the application subject to Mr.
DiGennaro receiving satisfaction with the wall calculations.
Mr. Caetano made the motion to approve subject to Mr. DiGennaro receiving the
wall calculations.
Ms. Becker seconded.
Motion carried unanimously.

�Mr. Perlmutter moved to approve the February 15, 1996 minutes as amended.
Mr. McCarthy seconded.
Motion carried unanimously.
There being no further business, the meeting was adjourned.
Respectfully submited,

^

CARMEN G. MARIANO
Recording Secretary

�FREDERICK P. CLARK ASSOCIATES, INC.

David J. Portman, AICP
Howard I. Reynolds, PE
David H. Stolman, AICP

Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut

Michael A. Galante
Joanne P. Meder, AICP

350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540

MEMORANDUM
To:

Village of North Tarrytown Planning Board

Date:

March 15, 1996

Subject:

377 North Broadway Site Plan Application

As requested, we have inspected the subject premises and reviewed the application for site
plan approval to alter and convert an existing gasoline station and repair shop to a
convenience store. The proposed development also includes the relocation of existing gas
pumps and the construction of a 24' x 40' canopy over the relocated pumps. The property
is located at the intersection of North Broadway and Pocantico Street immediately south of
Philipsburg Manor and is situated in the C-l Highway Commercial District.
We offer the following comments for your review and consideration:
1.

Required Variances
The Applicant should provide a zoning compliance table which identifies the
proposed development's conformance with the standards of the C-l Zoning
District. This information is required to ascertain those variances that will be
required from the Zoning Board of Appeals. Preliminarily, it appears that the
subject property will require a variance from the 20-foot rear yard setback
requirement of the C-l District, loading space requirements and the 5,000
square foot minimum lot size requirement for gasoline service stations located
on corner lots. The Applicant will need to provide, however, further
information regarding the size of the property and the gross square footage
of the proposed convenience store to establish whether additional variances
are required.

2.

Placement of Underground Storage Tanks
The Applicant should indicate whether the existing underground fuel storage
tanks will be replaced as a part of the proposed development. If such a
relocation is proposed, the location of the tanks should conform to the street
and yard setback requirements of § 62-19(b) in the Village's Zoning Code.

Connecticut • (203) 255-3100

FAX • (914) 967-6615

Long Island • (516) 364-4544

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation

3.

Drainage
Under the provisions § 62-19(c) of the Village's Zoning Code, surface
drainage contaminated with petroleum products shall not be permitted to
drain into any natural watercourse in the Village. To assist the Planning
Board in this determination, the Applicant should provide a drainage plan for
the proposed development. The plan should include the location of existing
and proposed stormwater catch-basins.

4.

Curbing and Circulation
The site currently has very little curbing separating it from North Broadway
and Pocantico Street. We recommend that the plan be revised in accordance
with § 62-22 of the Village's Zoning Code regarding vehicular access to
commercial uses. Issues of access are important given the amount and type
of traffic the proposed use is expected to generate. Poorly designed access
could impact traffic flow at the adjacent intersection of North Broadway and
Pocantico.
The applicant should also provide on-site vehicular and pedestrian circulation
plan indicating the location of all curb-cuts on the property.
The plan should be revised to include the right-of-way for North Broadway.

5.

Architectural Review Board
Because of the visual prominence of this corner (directly across from the
Philipsburg Manor) and the fact that this is among the first commercial
properties one encounters when approaching the Central Business District
from the north, the Planning Board should refer this application to the
Architectural Review Board with regard to the design and details of the
proposed canopy and convenience store. This will help to ensure that issues
of community appearance are properly addressed.

6.

Landscape Plan
The applicant should submit a landscape and screening plan indicating the
type and quantity of plant material. It appears that there maybe opportunities
for additional landscaping at the southwest corner of the property.

2

�I
f

FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation

7.

Lighting Plan
The applicant should provide a lighting plan that includes the proposed hours
of operation.

8.

Parking
•

9.

Refuse
•

10.

The plan should be revised to increase the handicapped access isle width to
8 feet.

No provisions for garbage disposal have been included on the plan. The plan
should be revised to show the location of any dumpsters on the property and
their appropriate screening.

New York State Environmental Quality Review Act (SEQRA)
•

The construction of the proposed canopy is considered a Type I Action under
SEQRA since the proposed action is "substantially contiguous to" Philipsburg
Manor, which is listed on the National Register of Historic Places and is also
a National Historic Landmark.
This Type I Action will require a "coordinated review" since it involves
approval from other involved agencies. At its next meeting, the Planning
Board should declare its intent to be Lead Agency.
Christian K. Miller
Associate/Planning

cc:

•

Mayor Sean Treacy
Linda E. David, Village Administrator
Janet A. Gandolfo, Esq., Village Attorney
James T. Margotta, Building Inspector
Dr. Richard Sweet, Village Trustee
Mark A DiGennaro, Village Engineer
David Arus, Applicant

5oo\not6-oi3.cicm:ev

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut

David J. Portman, AICP
Howard I. Reynolds, PE
David H. Stolman, AICP
Michael A. Galante
Joanne P. Meder, AICP

350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540

MEMORANDUM
To:

Village of North Tanytown Planning Board

Date:

March 14, 1996

Subject:

Review of Proposed Retaining Wall For 23 Hudson Street

As requested, we have inspected the property and reviewed the application of Mr. Roger
Rodriguez for site plan approval. The applicant is proposing to construct a retaining wall
along the rear perimeter of the lot, regrade the property and construct an asphalt parking
area. The property is located at 23 Hudson Street and is situated in the M-Manufacturing
District. The property currently contains a 2 1/2 story frame building containing four
dwelling units and is a nonconforming use in the M-Manufacturing District.
We provide the following comments for your review and consideration:
1.

Regulation of Walls
Under the provisions of Section 62-13.F(3) no wall shall be permitted in
excess of six feet in an M Manufacturing District. Significant portions of the
proposed wall exceed this six-foot limitation and in portions are between 15
and 18 feet above the existing grade. Variances from this provision will be
required from the Zoning Board of Appeals.

2.

Location of Proposed Wall
The applicant has located the proposed wall along the outer-most edge of the
rear property line. Given the size of the wall and its proximity to existing
buildings and structures, it could have an impact on adjacent properties. The
applicant should revise the plan to include all structures and buildings located
on adjacent properties. In particular, the plan should clearly show the
location of the building owned by the Village of North Tanytown immediately
west of the site, the Village of North Tanytown parking lot to the north and
the dwelling and retaining wall located on the adjacent property to the south.

Connecticut • (203) 255-3100

FAX • (914) 967-6615

Long Island • (516) 364-4544

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation

Proposed Use of Property
The Applicant should clarify for the Planning Board the intended use of the
site after the proposed wall is constructed. Given the considerable expense
of constructing the wall, it is logical to speculate that the applicant intends to
make additional improvements to the site or use the property for additional
purposes, such as off-street parking. If future improvements are anticipated
for the property, such as an expansion of the existing residential building, the
applicant should include such improvements as a part of this application. If
not, the filing of two separate applications for development on this property
would constitute "segmentation" under the New York State Environmental
Quality Review Act and is not permitted.
Safety Considerations
The height of the wall, combined with the slope of the adjacent grade, pose
a potential safety hazard to people, particularly children, and objects falling
from the top of the proposed wall. Given the property's location within a
residential area a fence should be required around the top perimeter of the
proposed wall.
Parking and Circulation
The plans should be revised to show the exact extent of the proposed asphalt
paving area and all pavement markings.
Visual Impact
The proposed height of the wall is considerable and could result in significant
visual impacts on adjacent properties or views from the west. The applicant
should identify the materials to be used for the proposed wall and how impact
on views will be mitigated.
New York State Environmental Quality Review Act (SEQRA)
Under the provisions of SEQR the construction of the proposed wall
constitutes an Unlisted action.

2

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation

8.

Additional Information
The plan should be modified to reflect the removal of the frame shed located
in the northeast corner of the property and the dilapidated shed on the rear
of the site.
The plan should indicate the size of the parcel.
The plan should show all proposed grading and quantify the amount of filling
that is proposed on the property.
Christian K. Miller
Associate/Planning

cc:

Mayor Sean Treacy
Linda E. David, Village Administrator
Janet A. Gandolfo, Esq., Village Attorney
James T. Margotta, Building Inspector
Dr. Richard Sweet, Village Trustee
Mark A. DiGennaro, Village Engineer
Roger Rodriguez, Applicant

500\not6-010.ckm.crc

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Date of Meeting

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                    <text>REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
April 18. 1996

A regular meeting of the North Tarrytown Planning Board was held on April 18, 1996 at
8:00 P.M. in the Village hall, 28 Beekman Avenue, North Tarrytown, New York.
PRESENT:

George Hritz, Chairman
Donald Caetano
Joanne Becker
Edward McCarthy
Nicholas Cicchetti
David Perlmutter
Betsy Sawyer Gaylin

ALSO PRESENT:

Janet A. Gandolfo, Village Attorney
Mark A. DiGennaro, CAMCE
Christian K. Miller, Assoc /Planning

Chairman Hritz called the meeting to order at 8:10 p.m.
1

Roger &amp; Graciela Rodriguez, 23 Hudson Street - Discussion

Mr. Barstow, representing Rodriguez, came forward and said that they had the
memorandum from DiGennaro and Clark Assoc. He asked DeGennaro if he had received
the fax and DeGennaro answered that he did receive a fax on the retaining wall. Mr.
Barstow explained the site plan for the retaining wall in detail. He said that it did back up
to the Village property. The applicant presently has three(3) parking spaces. He intends
to provide two(2) more spaces and a garden area. There are 4 apartments in the building.
He went on to address some of the comments from DiGennaro's, particularly the soil
borring He said that he consulted with a soil boning company and that it was difficult to
get a machine in there to do the borring. One borring could be done per day at a cost of
$1,000.00 plus per borring. He continued to explain the conditions around the area and
that there was a Village parking lot on the other side of the proposed retaining wall. He
concluded by stating that they wanted to get an idea as to what to expect from the Board
on this application. They were proposing a retaining wall for the applicants property.
Mr. Caetano asked if Mr. Barstow thought that the Village parking lot might be
damaged by the construction of the retaining wall.
Mr. Barstow said that it wasn't for him to say.
Mr. DiGennaro said that the fill under the parking lot was composed of different
things. A tree seemed to be holding up the wall. He didn't know how they were going to
put up a retaining wall without touching the existing tree.

�Discussion on the existing tree that seemed to be holding up the wall followed.
Mr. Miller stated that even if the tree was not moved, if the new wall disturbed xU
roots, the parking lot could become unstable.
Chairman Hritz asked Mr. DiGennaro if he recommended that they wait for the
Building Inspector to check it out.
Mr. DiGennaro went over other conditions that the applicant had to address.
Mr. Miller stated that it was a tall structure, about 20 feet above grade and one of
the concerns was in a residential area was a safety concern from people falling. He
wanted to know how the applicant was going to address the issue.
Mr. Barstow said he was thinking of a 6 foot chain link fence.
Discussion on the fence ensued.
Ms. Gandolfo mentioned that if they were going to change the grades of the
property, it had to be reflected on the site plans.
Mr. Caetano made a motion to adjourn this matter to the next meeting.
Mr. McCarthy seconded.
Motion carried unanimously.
2. Sunoco Service Station
Mr Hughes came forward and reminded the Board that they had been before tfcie
Board the previous month and they were only present for a brief discussion and to get
some direction from the Board. They were not asking for approval at this time. Referi-ing
to the memorandum from Fredrick P. Clark Assoc, of 3/15/96 on curving and circulation,
he referred to comment #4 on page 2. He passed out pictures to show what existed at
present at the location. He said that to construct curving will interfere with the current
trade which currently used this station. It would affect the business in a negative way.
Mr. Miller commented that it was a change in the nature of the use of the property
It is going from a service station which didn't have a whole lot of traffic to a convenience
store which should involve a considerable increase in traffic during peak hours.
Mr. Cicchetti commented that the problem on Pocantico street was that most o f
the time the traffic was backed up.
Discussion on the igress to the service station followed.

�Mr. Caetano made a motion that this be checked out by the DOT of the State of
New York because of the heavy congestion.
Ms. Gandolfo stated that it was premature at this point to do that. They should
wait until the Board decides what it wants to do.
Mr. Aruj said that its been like that for many years.
Mr. Hughes commented what was there now was an Auto repair shop, a dying
type of business and this was a simple replacement of a dying business with one that would
involve more customers.
Mr. Hritz said that the Board could give him an answer at next month's meeting.
Mr. Caetano commented that for safety factors there should be a curb on Rte 9.
The Village was responsible and he didn't see any reason why a curb be put alongside of
the tanks, straight across, to protect a vehicle from hitting the tanks.
Mr. Perlmutter said he agreed with Mr. Caetano. He didn't see any reason why
there couldn't be a curb at least for the length of the tanks.
Discussion on the drainage for the property ensued.
Mr. Caetano made a motion to send this to the DOT of the State of New York for
a traffic study.
No. one seconded.
Motion not carried.
This application was adjourned to next month's meeting.

3. A T &amp; T - Phelps Memorial Hospital Site
Mr. Christopher B. Fisher, Attorney from Cuddy &amp; Feder &amp; Worby, came forward
on behalf of AT&amp;T. He explained the proposed project to the Board. He introduced the
following people: Susan S. Gruel, P.P. from Moskowitz, Heyer &amp; Gruel, PA.
(Community Planning); John D. Fuller, Staff Engineer, and Ron Peterson, Engineer, from
Tectonic Engineering Consultants P C ; and Ratna Gupta, AT&amp;T. R. F. Engineer
Cellular Division. Using enlarged drawings and pictures they all gave the Board a brief
explanation of the proposed project.
The issues brought up were the visual impact of the utility poles, the proposed
barbed wires for fencing, proposed antennas adjacent to the child day care center;
proposed tree removal and the proposed equipment buildirg

�Ron Peterson said that the most sensible thing was to compare the standard used
for emissions by the NYS Dept. of Health. By referring to a site design he explained the
distance of the antenna from the day care center.
Mr. Miller ask for a diagram for the Board.
Mr. Fisher commented on the tree survey issue and said that there might be an
alternative to removal of trees. On the fencing he said that the barbed wire could be
removed.
Mr. Caetano made a motion to declare the Planning Board Lead Agency.
Ms. Becker seconded.
Motion carried unanimously.
Ratna Cupta, referring to the enlarged drawings explained the way the cellular
phone worked. She showed the different areas where the cell sites are.
Ms. Gaylin asked how A.T.&amp;T. came about choosing this section for their cell site.
She answered because of the poor signals and bad service for the area. They need
to set up another cell site to cover the gap in service.
Ms. Becker asked her to state when and where the other cell sites were
constructed.
John Fuller went over the construction of the proposed building by referring to the
enlarged drawings.
Ms. Gaylin asked if there was a possibility of them installing a bigger antenna.
Mr. Fisher answered that they (antenna) will get smaller and smaller. He explained
how the antenna worked and how the signals traveled.
Susan Gruel went over the photos and pointed out that there will be no impact on
services, no visual impact on the existing condition and the antenna would not be obvious.
This application was adjourned to next month's meeting for a public hearing on the
site plan.

4. Arlindo Ruivo - 39 Depeyster Street
The applicants did not appear.

�The Board went into a work session.
Trustee Sweet commented on the Tarrytown Moratorium.
Mr. Perlmutter made a motion to ask the Board of Trustees to stop televising the
meetings because it was a waste of money.
Mr. McCarthy seconded.
Chairman Hritz abstained.
Motion carried.
The Board instructed Ms. Gandolfo to notify the Board of Trustees.
There being no further business, the meeting was adjourned.
Respectfully submitted,

CARMEN G MA|aANO
Recording Secretary

�David J. Portman, AICP
Howard I. Reynolds, PE
David H. Stolman, AICP

FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut

Michael A. Galante
Joanne P. Meder, AICP

350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540

MEMORANDUM
To:

Village of North Tarrytown Planning Board

Date:

April 15, 1996

Subject:

AT&amp;T Wireless Services at Phelps Memorial Hospital - Cell Site
Site Plan Application

Applicant:

AT&amp;T Wireless Services

Requested Action:

Site Plan approval for the installation of six cellular
telephone antennas and utility poles and the construction
of a 240 square foot equipment building.

Site Location:

Phelps Memorial Hospital, 701 North Broadway

Site Size:

13.47 acres

Existing Zoning:

H Hospital

Existing Land Use:

Hospital, day care center, and two water tanks.

Surrounding Land Use:

North: Vacant/woods
South: Sleepy Hollow Manor neighborhood
East: North Broadway and woods
West: "The Robin's Nest" Day Care Center

Applicable Village Regulations:

Article VIII Site Plan Review
Chapter 52A 'Tree Conservation"
Chapter 62 "Zoning"

SEQR:

Proposed action is an "Unlisted" action under SEQR and
will require a "coordinated review" since it involves
approval from other involved agencies including the
North Tarrytown Planning Board and Tree Commission.
The Planning Board should declare its intent to be Lead
Agency.

Connecticut • (203) 255-3100

FAX • (914) 967-6615

Long Island • (516) 364-4544

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation

As requested, we have inspected the property and reviewed the following materials
submitted by Christopher B. Fisher on behalf of the AT&amp;T Wireless Services (the
Applicant):
Site Plan and Drawings prepared by Tectonic Engineering Consultants, P.C., dated
January 9, 1996 having the following sheet numbers and titles:
Sheet Number
Sheet T-l
S-l
S-2
S-3
E-4
E-l

Jiik
Title Sheet
Plot Plan and Partial Site Plan
Site Plan Detail and Details
Foundation Plan and Antenna Details
Specifications
Electrical Plan and Details

A Safety Analysis prepared by Bell Laboratories dated March 22, 1996.
A Full Environmental Assessment Form together with photographs of the proposed
cell site location.
We offer the following comments for your review and consideration:
1.

Project Information
The application for site plan approval involves a proposal to install six cellular radio
transmitting antennas on an existing water tank and to construct a 240 square foot
unmanned computer and electrical equipment building on the property of Phelps
Memorial Hospital Center. The proposal also includes the installation of four utility
poles and lines extending from the proposed equipment building to existing utility
lines on North Broadway.
Each of the six antennas are approximately four feet in height and one foot in width.
No antenna is proposed to extend above the top of the existing water tank which is
approximately 32.5 feet in height.

2.

Proposed Tree Removal
The Applicant is proposing to trim and remove some existing trees within the vicinity
of the existing water tank and the proposed antennas. The Applicant also proposes
to clear a 20-foot wide path extending from the proposed equipment building to the

2

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation

northwest approximately 450 feet to the existing utility poles located along North
Broadway. The proposed utility poles will be located in this cleared area.
The proposed tree clearing could have a significant visual impact. This portion of
the property is heavily wooded with steep slopes and functions as a continuous and
undisturbed buffer along North Broadway. It would be preferred if the Applicant
could find an alternative means of providing electricity to the proposed equipment
building or provide mitigation measures that reduce the number of trees to be
removed and potential visual impacts.
The Applicant should provide a tree survey within the vicinity of the cleared area for
the proposed utility poles. It is important to assess whether the proposed alignment
of the utility poles will result in the removal of some of the more significantly sized
trees on the property.
Pursuant to Chapter 52A of the Village Code it appears that the proposed tree
removal will require approval from the Village Tree Commission.
3.

Land Use Compatibility
The proposed antennas will be located adjacent to "The Robin's Nest" child day care
center. The safety analysis prepared by the Applicant does not explicitly discuss the
potential impacts of radio frequency (RF) electromagnetic fields on this adjacent
land use. The analysis indicates that potential health hazards appear to be quite low,
however a discussion of the potential health impacts of the transmitting antennas on
the children at the adjacent center should be specifically addressed.

4.

Proposed Fencing
The Applicant has proposed the installation of an 8-foot high chain link tence around
the perimeter of the proposed equipment building. Barbed wire is proposed along
the top of the fence. For safety reasons, barbed wire is not a desirable fencing
material. In addition, a solid fence, such as a wooden stockade fence, would be
preferred in order to better screen the proposed building.

3

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation

5.

Fire Safety
The proposed equipment building would contain computers, batteries and other
electrical equipment The Applicant should identify the provisions for fire
suppression for the proposed facility.

Christian K. Miller
Associate/Planning
cc:

Mayor Sean Treacy
Linda E. David, Village Administrator
Janet A. Gandolfo, Esq., Village Attorney
James T. Margotta, Building Inspector
Dr. Richard Sweet, Village Trustee
Mark A. DiGennaro, Village Engineer
Christopher B. Fisher, Applicant

500\not6-014.ckm.crc

4

�Approved w % h raspect to substance and form:

Approved by the Planning Board

ds:

Chairman or Aoting Chairman
Date

*i j j -to, (Vlt

Filed with Village Clerk

lork off- Deputy Clerk
Clerk

Dated:

C laM /IJL

Date o&amp;f Meeting

/£ /?%

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REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
May 16,1996

A regular meeting of the North Tarrytown Planning Board was held on May 16, 1996 at
8:00 P.M. in the Village hall, 28 Beekman Avenue, North Tarrytown, New York.
PRESENT.

George Hritz, Chairman
Donald Caetano
Nicholas Cicchetti
David Perlmutter
Betsy Sawyer-Gaylin

ALSO PRESENT:

Janet A. Gandolfo, Village Attorney
Mark A. DiGennaro, CAMCE
Christian K. Miller, Assoc./Planning
James Margotta, Building Inspector

Chairman Hritz called the meeting to order at 8:15 p.m.
1

Sunoco Service Station, 377 No Broadway - Continuation
Sunoco Service Station asked for an adjournment.

Chairman Hritz excused himself due to knee surgery and asked Mr. David
Perlmutter to sit in as chairman.
Mr. Perlmutter commented that he was given the impression that the Sunoco
Service Station was not filtrating at all and he wanted to know what requirements there
were against them doing that. He wanted the Building Inspector to look into whether in
fact they were doing that.
Mr. DiGennaro said that they were not going to do repairs or oil changes. They
were not going to generate that kind of waste.
Mr. Margotta asked if he was interested in an existing gas station or new ones.
Mr. Perlmutter said he wanted to know what jurisdiction the Board had.
Mr. Margotta commented that the Getty Station was selling gas, auto parts and
doing repairs.
Discussion on various service stations followed.,

I

i

�2*

A T &amp; T - Phelps Memorial Hospital Tenter

Mr. Christopher B. Fisher, attorney from Cuddy &amp; Feder &amp; Worby came forward
on behalf of A T &amp; T. He went over some of the issues discussed at last month's meeting.
He said that they had submitted an alternative means of providing electrical service to the
proposed unmanned computer and electrical building. He explained the alternative plan to
the Board. Unlike the proposed utility plan previously submitted, the alternative plan will
not result in the removal of existing trees. The new plan also showed the removal of the
barbed wire along the top of the proposed fencing around the building. Mr. Fisher passed
out a letter by Paul A. Testagrossa, Environmental Health Specialist, in which he states
that the proposed facility met the Federal Communications Commission's Criteria for
evaluating environmental effects of RF energy, (attached to minutes).
Mr. Cicchetti commented that his only interest was in the trees. Will they come
back at a later date and cut them down.
Mr. Fisher answered that the trees will be preserved.
Mr. Margotta said they didn't need to go to the Zoning Board or the ARB. It was
private property. The antennas wouldn't be seen by the public. If you can't see it, no
ARB.
Trustee Sweet asked if this would be on the tax rolls, for assessment purposes.
Ms. Gandolfo answered there would be a franchise tax.
Mr. Fisher said that they will be paying rent to the hospital. They had a five (5)
year lease.
Mr. Caetano made a motion to declare the Planning Board Lead Agency.
Ms. Sawyer-Gaylin seconded.
Motion carried unanimously.
Mr. Weiss, President of the Sleepy Hollow Manor, Improvement Assistants
commented that they didn't have information on the impact for radio and television
reception. He asked the Board to consider this in granting the application.
Mr. Perlmutter advised him that he could discuss his concerns at the Public
Hearing next month.
Mr. Caetano made a motion to adjourn the Public Comments section of the
meeting.
Ms. Sawyer-Gaylm seconded.
Public comments adjourned.

�Mr. Perlmutter made a motion to hold a Public Hearing on June 20,1996 to
discuss the issues.
Ms. Sayer-Gaylin seconded.
Motion carried unanimously.
3

Roger &amp; Graciela Rodriguez 7X Hudson Stri** - Discussion

Mr. Barstow, representing Mr. Rodriguez came forward. He explained that his
client was trying to get approval for a retaining wall to improve his property for quite
some time. He passed out some photographs of the adjacent property (Village property).
He felt that the photographs proved the poor condition that the adjacent property was in.
"We may or may not disturb the adjacent property. To hold my client responsible for
disturbing the property is absurd. These photographs represent the existing conditions of
the property. My client wants to improve his property".
Mr. DiGennaro said that his feeling on this was that the parking lot had a retaining
wall made of telephone poles. By constructing the wall right on the property line will
cause some disturbance.
Mr. Caetano stated that if he felt that his contractor, architect or engineer had
looked this over that they should take into consideration that the Village had neglected the
property. They are people who are licensed and if there is any problem they will be
responsible. The Board should give the man permission to do what he wanted to do.
DiGennaro stated that they had not shown how they were going to stabilize the
existing condition during and after construction.
Mr. Caetano asked Mr. Barstow if they will accept the responsibility for anything
that might go wrong.
Mr. Barstow answered that it was very unreasonable to be asked to accept
responsibility for the poor condition of the adjacent property.
Discussion on the guarantee to preserve the Village property followed.
Mr. Caetano made a motion to approve the application.
No second.
Mr. Perlmutter suggested that the applicant's engineer get in touch with the
Village's engineer.

4.

Gordon &amp; David Hecht

�Mr. James Sauter, from O'Neill, DiManno &amp; Kelly, representing Gordon and
David Hecht came forward. He stated that his clients were intending to purchase the
property on 8 Teresa Street, a former beer distributor which is now a warehouse not being
used.
He said Mr. Hecht had a business which distributed hair products. It was a small scale of
mixing and blending of the products on she. A letter from Mr. Margotta said that the
Zoning was not for that specific use. They wanted the Board to consider the change of
use. A variance to allow the mixing and blending-manufacturing of the product.
Ms. Gandolfo said that they were here to ask the Planning Board to review a
change of use but then they had to go to the Zoning Board of Appeals for the use
variance.
Mr. Sauter stated that there was no intention to change the structure, just the
signage in the loading zone. There was a no-parking sign extension of the loading zone.
Mr. Caetano asked if they were going to manufacture perfume or soap.
Mr. Sauter answered that it was going to be non-toxic. They passed out samples
of the products and explained the contents of the products. They claimed that this was a
small operation.
Discussion on the products followed.
Mr. Sauter commented that they wanted to bring this application to the Board's
attention in an informal way and to get the Board's feelings on it.
David Hecht explained the operation and the delivery trucks trips in and out of the
premises.

RFPRF ATTON FF.F.S

Ms. Gandolfo explained the recreation fees to the Board. All the money goes to
the a Recreation Fund for the following:.
Site plan review and Sub-division review
She reviewed the formula for figuring the recreation fee for site plan review. She
commented that Antonio Rodrigues had 49 spaces @ $1,000.00 = $49,000.00
Mr. Cicchetti said that the Hospital paid $50,000 to the Board of Trustees.
Mr. Caetano made a motion to authorize Counsel to negotiate with Antonio
Rodrigues on the recreation fees.

_4_

�Ms. Sawyer-Gaylin seconded.
Motion carried unanimously.
There being no further business, the meeting was adjourned.
Respectfully submitted,

CARMEN G MARIANO
Recording Secretary

�FREDERICK P. CLARK ASSOCIATES, I N C .

Dav,d J. Portman,

Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut

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

AICP

MEMORANDUM
To:

Village of North Tarrytown Planning Board

Date:

May 16, 1996

Subject:

AT&amp;T Wireless Services at Phelps Memorial Hospital
Cell Site Site Plan Application

As requested, we have reviewed the site plan drawings having the following sheet numbers,
titles and dates prepared by Tectonic Engineering Consultants, P.C. on behalf of AT&amp;T
Wireless Services (the Applicant):
Sheet No.
T-1
S-1
S-2
S-3
S-4
E-l

Title

Date

Title Sheet
Plot Plan and Partial Site Plan
Site Plan and Details
Foundation Plan and Antenna Details
Specifications
Electrical Plan and Details

1/9/96
1/9/96
5/8/96
5/8/96
1/9/96
5/8/96

We offer the following comments for your review and consideration:
1.

Plan Revisions
As requested by the Planning Board at its last meeting, the Applicant has
provided an alternative means of providing electrical service to the proposed
unmanned computer and electrical equipment building. As the Board will
recall, the previous plan involved removing numerous trees within a 20-foot
wide path that would include utility poles. Electrical service under the revised
plan is proposed to be provided to the cell site facility by extending a new
electrical line from North Broadway on existing poles which run alongside the
Hospital roadway. Five new poles would also be installed along an internal
roadway which runs to the proposed cell site building. Unlike the previously
proposed utility plan, this alternative will not result in the removal of existing
trees.

Connecticut • (203) 255-3100

FAX • (974; 967-6675

Long Island • (516) 364-4544

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation

•
2.

The plan has also been revised to remove the barbed wire along the top of
the proposed fencing enclosing the proposed building.

Zoning Compliance
The proposed communication facility and antennas are not explicitly listed as
permitted accessory uses in the Village's H Hospital zoning district Typically,
uses which are not explicitly listed are considered to be prohibited. However,
communication antennas are afforded certain protection under federal laws
and may be protected from a zoning ordinance which is interpreted to
prohibit such uses. This legal issue should be addressed by the Village
Attorney with respect to the procedural implications of regulating uses in light
of federal law.

3.

Additional Information
As requested at the last meeting of the Planning Board, the Applicant should
provide a plan showing the maximum amount of electromagnetic radiation
emitted by the proposed antennas.

Christian K. Miller
Associate/Planning
cc:

Mayor Sean Treacy
Linda E. David, Village Administrator
Janet A. Gandolfo, Esq., Village Attorney
James T. Margotta, Building Inspector
Dr. Richard Sweet, Village Trustee
Mark A DiGennaro, Village Engineer
Christopher V. Fisher, Applicant

500\not6-019.ckm.crc

2

I

�MAY-14-96 THE 10:45 AM

CUDDY AND FEDER

FAX NO. 19147615372

P.02/02

XB££ EERMIX
VILLAGE OF NORTH TAKRYTOWN
28BEEKMANAVE&gt;JUE
NORTH TARRYTOWN, N. Y. 10591
PERMIT No.

May 16

.1996

The following information is provided in accordance wife Local Law No. 1,1984 adopted by the Village of
North Tanytown on January 23, 1984.
Subiect-

Unmanne

3 Wireless Communication Equipment Site No. 619

AT&amp;T Wireless Services
k
Applicant:
15 E. Midland Ave. Paramus, NJ 07652
site:

Phfilps Memorial Hospital
Section:

11

Block

1

701 North Broadway
Lotfe)

3A

Location of tree(s) on. property: Approx. 25 f t . north of water tank
Tree type:
Size range:

oak

_ *

Sixty (60) feet

^

Twenty (20) inches

l(height)
(Caliper, diameter at breast height)

Purpose: Emergency removal
Other (specify) :

To

____

__

permit construction of communications equipment shelter

Signed:
title f W . / /• •
lt.i.h^\

{~j.

COM/

This is to certify that permission is hereby granted for the removal of the tree (or trees) with the understanding
that this removal will conform to the provisions of the North Tarry-town Tree Conservation Local Law.

B:.'e LUUicrLuCC:
If ;-"iL"iUi.T.p einiit, c:.ie of expiration:

/"'*

_;

�w
Bell Labs

Lucent Technologies

Innovations for Lucent Technologies

May 16, 1996
Lucent Technologies Inc.
600 Mountain Avenue
Murray Hill, NJ 07974-06 36
ChriS FiSher

Telephone 908 582 3000

Cuddy &amp; Feder &amp; Worby
90 Maple Avenue
White Plains, New York 10601-5196

RE: Proposed Cellular Radio Facility, North Tarrytown, NY
Chris:
This letter was prepared in response to your request for an additional safety analysis of the electromagnetic
environment in the vicinity of the proposed AT&amp;T Wireless Services cellular radio facility in North
Tarrytown, NY. Specifically, with regards to the maximum level of RF energy at three locations
surrounding the proposed facility to which the public may be exposed.
The attached figure shows a graphical representation of three different radials: the 50 ft radial extends to
the adjacent driveway, the 170 ft radial extends to the nearest building on the property, the 600 ft radial
extends to the nearest residential property. The power density will be less than 6.4 LiW/cm2, 10.3 LiW/cm2,
and 5.3 nW/cm2 for the 50 ft, 170ftandioo ft radials, respectively.
As indicated in our previous report*, the results of our analysis indicate that the maximum level of RF
energy to which the public may be exposed is below all applicable health and safety limits. Specifically, for
the locations above, the maximum level of RF energy associated with simultaneous and continuous
operation of all transmitters will be at least 55 times below the exposure limits of ANSI, IEEE, NCRP and
the limits of all states that regulate RF exposure. Additionally, since the antennas are not directed toward
the above locations, the actual levels will be below the safety guidelines by a much greater amount. The
Telecommunications Act of 1996 is the applicable Federal law with respect to consideration of
environmental effects of radiofrequency emissions in the siting of wireless facilities. It is the conclusion of
this report that the proposed facility meets Federal Communications Commission criteria for evaluating
environmental effects of RF energy.
Sincerely,

Paul A. Testagrossa
Environmental Health Specialist
Radiation Protection and Product Safety Department

X Safety Analysis of the Electromagnetic Environment in the Vicinity of a Proposed Cellular Radio Installation, Site 619: Phelps Memorial
Hospital Center, 701 North Broadway, North Tarrytown, New York, March 22, 1996

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                    <text>REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
June 20, 1996

A regular meeting of the North Tarrytown Planning Board was held on June 20,1996 at
8:00 p.m. in the Village hall, 28 Beekman Avenue, North Tarrytown, New York.
PRESENT:

George Hritz, Chairman
Donald Caetano
Nicholas Cicchetti
Betsy Sawyer-Gaylin
Joanne Becker
David Perlmutter

ABSENT:

Edward McCarthy

ALSO PRESENT:

Janet A. Gandolfo, Attorney
James Margotta, Building Inspector
Mark DiGennaro, CAMCE
Christian K. Miller, Assoc./Planning

Chairman Hritz called the meeting to order at 8:15 p.m.
1.

A T &amp; T , Phelps Memorial Hospital Center - Continuation

Chairman Hritz read the Public Notice.
Mr. Fisher stated that the public within the 200 ft. were notified and presented
proof of same. He said that they have been before the Board in April and May. He said
that he believed that all the issues were addressed. He went over what had been discussed
at these past meetings.
Chairman Hritz asked Mr. Miller for any comments.
Mr. Miller said that Mr. Fisher was correct.
Mr. Caetano made a motion to open the Public Hearing.
Ms. Sawyer-Gaylin seconded.
Public Hearing was opened.
Chairman Hritz asked if anyone had any comments.
There being no comments, Mr. Cicchetti made a motion to close the Public
Hearing.
Mr. Caetano seconded.
Public Hearing closed.
Chairman Hritz asked Ms. Gandolfo to explain the law of emissions.
Ms. Gandolfo said that the local authorities were pre-empted by federal law which
sets the standards for emissions. Localities can regulate and review issues regarding
neighborhood quality of the neighborhood issues, esthetics, impact on neighborhoods,
etc.

�Chairman Hritz commented that he had noticed that the emissions were directed
in the opposite direction of Sleepy Hollow Manor. He was pleased with the applicant's
decision about cutting down the trees.
Mr. Caetano made a motion to make a Negative Declaration for SEQR, that this
will not have a sufficient negative impact on the environment.
Mr. Cicchetti seconded.
Motion carried unanimously.
Mr. Caetano made a motion to approve the site plans as submitted.
Mr. Perlmutter seconded.
Motion carried unanimously.
2.

Roger &amp; Graciela Rodriguez. 23 Hudson Street - Continuation

Mr. Barstow, the architect representing Mr. Rodriguez came forward. He stated
that he was asked at the last month's meeting to have his engineer contact Mr. DiGennaro
and to come up with solutions in regard to the adjacent property which was Village
property. He said there seemed to be one particular tree that was holding up the village
parking lot that might have some impact.
Chairman Hritz asked about the impact on the off site parking.
Mr. Barstow went over some of the issues that were brought up at the last
meeting.
Mr. DiGennaro said that the engineer's design for the retaining wall was
satisfactory. The issue that needed to be addressed was the tree that seemed to be holding
up the parking lot. He also commented that several other issues were outstanding.
1. Need to get the soil boring, they could be granted a contitional approval
2. Need to address the Village property, have to hold the applicant responsible for
any kind of damage.
Ms. Gandolfo said that they could do that if the applicant gave a performance
bond. She didn't know if the applicant wished to spend that kind of money.
Ms. Barstow said that it would be difficult. Very few contractors give
performance bonds because they are too costly.
Mr. DiGennaro said that in that case he will have to get more details. Not
disturbing the tree was not going to satisfy or assure him. he felt that the base of the tree
was going to be distrubed.
Discussion on the tree holding up the lot followed.
Mr. Caetano asked if it will be of any help if they built a retaining wall around the
tree.
DiGennaro answered that he didn't know.
Mr. Miller stated that they wanted to protect the roots of the tree.
Discussion continued on the tree.

�Chairman Hritz advised Mr. Barstow to address all the outstanding issues because
he had to come prepared to the Zoning Board of Appeals.
Mr. Margotta asked what were they proposing on the area.
Mr. Barstow said that they were proposing five (5) parking spaces and some
gardening area. The spaces may be for the tenants.
Mr. Margotta said that the parking spaces should be for the tenants in the
building.
Discussion on the parking spaces ensue.
Mr. Cicchetti commented that the engineer was not satisfied. That the conditions
had to be met and they had to be done. He suggested that the applicant come back with a
plan not to disturb the tree.
Mr. Margotta stated that the code said a wall. Was there a difference between a
wall, certain type of wall and a retaining wall.
Ms. Gandolfo said that they had been sending to the ZBA retaining walls higher
then 6 ft. for the last several applications.
Mr. Perlmutter said that all he had to do was satisfy the village engineer.
Discussion on sending the applicant for the retaining wall to the ZBA followed.
Ms. Gandolfo commented that they should be fair and consistent to all and send
this applicant to the ZBA for the retaining wall.
Mr. Caetano asked why waste time and not waiver sending them to the ZBA.
Ms. Gandolfo answered that they wouldn't waste time.
Mr. Margotta asked if they would make it to the ZBA July's meeting.
Ms. Gandolfo answered yes.
Mr. Caetano made a motion to refer the applicant to the ZBA for the retaining
wall approval.
Mr. Perlmutter seconded.
Motion carried unanimously.
Ms. Sawyer-Gay lin motioned to approve the minutes of March 21, 1996 as
amended.
Mr. Caetano seconded.
Motion carried unanimously.
Mr. Cicchetti motioned to approve the minutes of April 18, 1996 as amended.
Ms. Sawyer-Gaylin seconded.
Motion carried unanimously.

-3-

�Mr. Caetano motioned to approve the minutes of December21,1995.
Ms. Sawyer-Gaylin seconded.
Motion carried unanimously.
There being no further business, the meeting was adjourned.
Respectfully submited,

CARMEN G. MARIANO
Recording Secretary

_4_

�June 18, 1996
Mr. George Hritz, Chairman
North Tarrytown Planning Board
Beekman Avenue
North Tarrytown, NY 10591
Re: Barnhart Avenue Properties
Dear Mr. Hritz:
This letter is being written to bring to your attention our interest in the purchase of the
properties located at #19, #21, #23, #25, #27, and #29 Barnhart Avenue. Most of us have been
living in these homes for over 30 years. We have been interested in buying the properties since
1987 from Mr. Albert Peck who is the current owner. Currently we have offered up to $500,000.
for the six properties. Mr. Peck is reluctant to accept.
It is our understanding that the properties have been looked at by the developer,
Pateman, who wishes to build condominiums in place of these homes. I would ask
that you consider a couple of things as we have when making an overall evaluation of
the present offer:
First of all, we the tenants, have repaired all of these homes over the years without much
complaint and financial assistance from Mr. Peck. Upon buying the homes, we have every
intention of restoring the houses while still maintaining their turn-of-the-century, New England
aspect.
This is in line with the Mayors plan of keeping this a quiet, aesthetically pleasing town with the
possibility of a water front community to be established in the near future.
We doubt that condominiums on a dead-end street would be in-line with maintaining
the old-fashioned heritage that North Tarrytown is known for. Furthermore, did any of the
planning board members consider the horrendous traffic problem that these condominiums
would cause on a one-way and dead-end street?
Please do not consider this plan of building condominiums simply because it will create a
larger tax base for the town, but rather consider that if this were allowed, six families would be
out of a home. Thank you for your attention to this matter.
Sincerely,

Mr. Carlos Hernandez
Mr. Pedro Escobedo
Mr. Aresky Valdez
Mr. Rene Hernandez
Mr. Oliverio Ojito
C^U-i^/i^ (U^J^
Mr. Mariano Meneses #%&amp;&lt;&gt;;,*^s^— y?Ld.

�•v

Approved with reafcect to substance and form:

Approved by the Planning Board

Chaiman or Acting Chairman

Dat&amp;at^^llLLpr]

Filed with Village Clerk

Clerk -or Deputy Clerk
Dated: / m J &lt;\n

j- /^; l??6

�Approved with^fespect to substance and form;

Approved byjthe Planning B(

Chairman
Date

3
cting Chairman

Filed with Village Clerk

0 ( . Cjj ej^L^fetr
•eierk^or Deputy Clerk

Dated:

ij^^-j

J USKZ £o, \TT£
Date of Meeting

�JULY 16, 1996
PLEASE BE ADVISED THAT THERE WILL BE NO MEETING OF THE PLANNING
FOR THE MONTH OF JULY, DUE TO THE FACT THAT THERE IS NO AGENDA.

^ j f
(
/

Jxr*^£

JAMES MXRGOTTA
BUILDING INSPECTOR

�August 7, 1996

To: Planning Board
From: James Margotta

THERE WILL BE NO PLANNING BOARD METING I N AUGUST.

�SEPTEMBER 17, 1996
THERE WAS NO PLANNING BOARD MEETING HELD
QfrJ SEPTEMBER 19, 1996 DUE TO LACK OF AN AGENDA.

/jU^±&gt;
//
v

JAMES MARQ0TT A
BUILDING INSPECTOR

�THERE WAS NO PLANNING BOARD MEETING IN OCTOBER 1996

a-Building Inspector

�18 November 1996
To:
From:

Planning Board Members
James Margotta

There will be no Planning Board meeting for the
month of November.

�t

December 2, 1996

To:

Planning Board

Front: James Margotta

There will be no Planning Board meeting for the
month of December.

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                    <text>A regular meeting was held by the Planning Board on January 18,
1996 in Village Hall, 28 Beekman Avenue, North Tarrytown, New
York 10591
Members Present:

George Hritz, Chairman
Donald Caetano
Betsy Sawyer Gay1in
Edward McCarthy
Joanne Becker
David Perlmutter

Also Present: James Margotta, Building Inspector
Emanuel Lobato, Esq.
IN THE MATTER OF CHARLES
TARRYTOWN. NEW YORK 10591

PATEMEN,

AVENUE,

NORTH

There were no representatives for this application.
application will be place on the February agenda.

This

IN THE MATTER OF ALBERT PECK,
TARRYTOWN. NEW YORK 10591

BARNHART

38-40 KENDALL AVENUE,

NORTH

Mr. Mathew Worner is representing Mr. Peck on the above matter.
All paperwork have been distributed to the Board.
At the present time there are two houses on one lot.
would like to sell the lots individually.

Mr. Peck

Mr. Margotta stated that there will be no changes in contour. It
will still remain non-conforming.
Mr. Peck stated that there are two homes directly in back of the
property which is located on Irving Place.
At this time during the meeting no public comments were made.
Ms. Becker made a motion pursuant to declare this a Type II
Action which will have no material adverse impact on the
environment, seconded by Mr. Caetano. Motion carried unanimously.
Mr. Caetano made a motion to approve the subdivision at 38-40
Kendall Avenue, seconded by Ms. Becker.
Motion carried
unanimously.

�IN THE MATTER OP PHILP8E PIA2A. MORTH BROADWAY. NORTH TARRYTOWN.
NEW YPBK
This application has been postponed until the February Planning
Board Meeting.
Ms. Gloria Esteve, 15 Holland Avenue stated that she owns
property directly in back of the project and is concerned about
the erosion.
Mr. Hritz stated that a report is being submitted by the
engineers and will address all related problems such as erosion.
Dr. Sweet asked if the Planning Board was going to attend the
Tarrytown Planning Board meeting on January 29, 1996 concerning
the Concrete Recycling Plant.
Mr. Hritz stated that he would be attending and has invited all
members of the Planning Board.
Being no further business the meeting was adjourned.
Respectfully submitted,

Christine A. Zambrano
Recording Secretary

�«

. &lt;

Approved with respect to substance and form:

vyilage Attorney
Daxed:

Approved by the Planning Board

^Chairman r)r Anting rha
DatWr

Filed with Village Clerk

Clerk ^or Deputy Clerk
Dated:
tfec/f&amp;

Date of Meeting

'

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                    <text>A regular meeting of the Planning Board was held on February 15,
1996 at 8:00 PM in the Village Hall, 28 Beekman Avenue, North
Tarrytown, New York 10591
Members Present:

Absent:

George Hritz, Chairman
Joanne Becker
Donald Caetano
Betsy Sawyer Gaylin
David Perlmutter
Edward McCarthy
Nicholas Cicchetti

James Margotta, Building Inspector
Janet Gandolfo, Esq.
Christian Miller, Frederick P. Clark Assoc.
Mark DiGennaro, CAMCE
IN THE MATTER OF ALBERT PECK, BARNHART AVENUE, NORTH TARRYTOWN.
NEW YORK.
Also Present:

Mr. Peck stated that all the members of the Board have received a
copy of the proposed sub-division on Kendall Avenue which is self
explanatory. There are two homes on one lot and in order for them
to be marketable each needs to be on its own lot.
Mr. Hritz stated that Barnhart Avenue was supposed to be on the
agenda this evening and that Kendall Avenue has already been
approved.
In accordance with the Frederick P. Clark report,
are required and the whole area is nonconforming.

some variances

This matter will be on the agenda for next month.
IN THE MATTER OF ANTONIO RODRIQUES,
BROADWAY, NORTH TARRYTOWN, NEW YORK.

PHILIPSE

PLAZA,

NORTH

Mr. Hughes who is representing Mr. Rodriques stated that he would
review and answer any final questions relating to the latest
reports submitted by CAMCE and Clark Associates.
Mr. Hughes
stated that he would hope for a preliminary approval which would
allow his applicant to take the next step by meeting with the
Architectural Review BoardMr. Contandino the applicants architect stated that a report
dated January 18, 1996 states concerns with walls and
inconsistencies which were corrected.
There were also concerns with the final grades.
there were no problems with the grades.

At this point

�I

A retaining wall for a draining system should be placed in the
plan.
A different type could be used in the wall. There was
nothing showing drainage to a retaining wall. There is loose
sand/soil behind the wall. Mr. Contandino stated that placing a
double wall is just a coordination issue.
Some areas are steep and there should be some kind of fence on
top of the wall as a safety barrier. The ARB would review this
type of fence. A condition of a variance for a fence needs to be
provided.
Mr. Caetano asked what the height standards are in the code? Mr.
Margotta stated that there is a maximum of 6ft. The fence is also
a concern of the owner.
The Board would like three final copies of the plan, signed and
sealed with no provisions. Mr. Contandino stated that this would
not be a problem.
Landscaping could be approved through the Tree Commission. The
Tree Commission can consult with Frederick P. Clark Associates
and go ahead with recommendations, it should not hold the project
up at the preliminary hearing stage. Mr. Hritz stated that the
project could benefit from the Tree Commission.
Mr. Contandino stated that minor points have to be addressed
which are only due to lack of coordination.
Mr. Miller stated that the retaining wall may reduce the possible
number of parking spaces, and this is being modified in the final
plan.
Ms. Gandolfo asked if the County or the State Department of
Transporation have approved curb cuts in order to grant final
drawings. Mr. Contandino state that this process comes in after
the plans are in place.
Ms. Sawyer Gaylin made a motion to open the public hearing
seconded by Mr. Caetano. Motion carried unanimously.
Ms. Gloria Esteves of 15 Holland Avenue stated that she was
concerned about land erosion and the obstruction of the view.
The top of the building is a full ten feet below the elevation.
The fence would have to be 10 feet high to obstruct the view.
These items v/ill go before the Architectural Review Board.
Ms. Sawyer-Gaylin made a motion to close the public hearing which
seconded by Mr. Caetano. Motion carried unanimously.

�Mr. Caetano made a motion to grant a negative declaration on the
preliminary site plan seconded by Ms. Sawyer Gaylin.
Motion
carried unanimously.
Mr. Caetano made a motion on behalf of the Planning Board to
grant preliminary site plan approval subject to the following
provisions:
1) To install an additional wall for drainage purposes.
2) The landscaping scheme should be referred to the Tree
Commission.
3) Subject to the approval of the Village engineer.
4) Subject to the results of the submission of the final
plan.
Seconded by Ms. Gaylin.

Motion carried unanimously.

IN THE MATTER OF CHESTNUT RIDGE, NORTH TARRYTOWN. NEW YORK

10591

Mr. Hritz stated that he has not seen any applications on the
above project.
MINUTES
Mr. Perlmutter made a motion to approve the January, 1996 minutes
with a correction of deleting Mr. McCarthy's name as it was
listed twice, seconded by Mr. Caetano.
DISCUSSION
Dr. Sweet stated that he attended the Planning Board meeting in
Tarrytown.
There were approximately 2-3 hundred people that
attended and no one spoke in favor of the project. The FEIS was
incomplete. The Hudson Recycling Corp. needs to submit a new
FEIS.
If it is not completed the Village of Tarrytown will
complete it.
Mr. Hritz stated that he presented the Village's Riverfront Park
model and the report from Arthur Andersen.
Being no further business, the meeting was adjourned.
Respectfully submitted,

Christine Zambrano
Recording Secretary

�DRAFT
RESOLUTION
Adopted at the February 15,1996 Meeting of the
Village of North Tarrytown Planning Board
SUBDIVISION APPROVAL FOR TWO RESIDENTIAL LOTS.
PROPOSED:
2-LOT SUBDIVISION OF EXISTING SINGLE
LOT SUPPORTING TWO FREESTANDING
RESIDENTIAL STRUCTURES.
OWNER/APPLICANT: ALBERT PECK
LOCATION: 38 AND 40 KENDALL AVENUE
TAX DESIGNATION: SECTION 15, BLOCK 11, LOT 17
ZONING: R-5 RESIDENCE DISTRICT

�*

RESOLUTION
Adopted at the February 15, 1996 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTION:

SUBDIVISION APPROVAL FOR TWO RESIDENTIAL LOTS.
PROPOSED:
2-LOT SUBDIVISION OF EXISTING SINGLE
LOT SUPPORTING TWO FREESTANDING
RESIDENTIAL STRUCTURES.
OWNER/APPLICANT: ALBERT PECK
LOCATION: 38 AND 40 KENDALL AVENUE
TAX DESIGNATION: SECTION 15, BLOCK 11, LOT 17
ZONING: R-5 RESIDENCE DISTRICT

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 applicable laws and regulations considered pertinent to the
application, which application is to subdivide an existing 3,629 square foot lot supporting two
freestanding residential structures into two individual lots, with each lot supporting one of
the existing freestanding residential structures; and
WHEREAS, the Planning Board has reviewed the following materials:
1.

A drawing entitled "Final Resubdivision Plat Lot Line Change Prepared for Albert
Peck in the Village of North Tarrytown, Town of Mt. Pleasant, Westchester County,
N.Y.", prepared by William H. Free, Jr., Licensed Land Surveyor dated September
29, 1995 drawn at a scale of 1" = 10'.

2.

A subdivision application for the subject site, undated and signed by Albert Peck.

3.

A short Environmental Assessment Form (EAF); and

WHEREAS, a duly advertised public hearing was held at the Village Hall on January
18, 1995, at which time those wishing to be heard were given the opportunity to be heard;
WHEREAS, in the course of its review and acting as Lead Agency pursuant to Part
617 of the Implementing Regulations pertaining to Article 8 of the Environmental
Conservation Law, the Planning Board has made the following findings and caused, noted
or conducted the following activities:
1.

Received an application fee;

2.

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

3.

Requested, received and considered commentsfromthe Village Planning Consultants
and the Building Inspector about the proposed project;

�4.

Requested, received and reviewed an Environmental Assessment Form (EAF) in
compliance with the New York State Environmental Quality Review Act (SEQRA);

5.

After review of the field conditions, public comments, recommendations and
environmental assessment form as well as other matters noted above, has determined
that the proposed action is an Unlisted Action and issued a Negative Declaration
dated February 15, 1996, in which the Planning Board stated its determination of
non-significance of environmental impact for this Unlisted Action; and

NOW, THEREFORE, BE IT RESOLVED, that the said subdivision application and
subdivision plat as shown on the subdivision plat entitled "Final Resubdivision Plat Lot line
Change Prepared For Albert Peck in the Village of North Tanytown, Town of Mt. Pleasant,
Westchester County, N.Y." prepared by William H. Free, Jr., Licensed Land Surveyor, dated
September 29,1995 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 plat resolution and upon final mylar
copy of the subdivision plat 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 90 days from the date of this resolution if the following conditions have not been
completed to the satisfaction of the Planning Board:
1.

The Applicant shall pay the Village of North Tanytown 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.

The Plat shall be revised and titled "Final Subdivision Plat."

3.

The date of this resolution shall be noted on the Final Subdivision Plat.

4.

The Applicant shall obtain all necessary variances to permit this 2-lot subdivision
from the Zoning Board of Appeals of the Village of North Tarrytown.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

:
Georgp F. Mritz, Chairman /
J
Village^o^North Tarrytown Phtftmng Board

Date

500\not6-006.ckm.crc

2

,A*A

�OCT-03 97 1^:03

FFOMrFP CLAFK ASSOCIATES

9149676615

TO:9146315880

PAGE:OS

DRAFT
RESOLUTION
Adopted at the February 15,1996 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTION: SUE PLAN APPROVAL FOR DEVELOPMENT OF A 12,000
SQUARE-FOOT RETAIL AND OFFICE BUILDING.
PROPOSED: CONSTRUCTION OF A TWO-STORY RETAIL AND
OFFICE BUILDING TOTALING 12,000 SQUARE FEET, REMOVAL
OF EXISTING DELICATESSEN AND MOTOR VEHICLE REPAIR
BUILDING, AND CONTINUATION OF THE EXISTING 6,800
SQUARE FOOT MANUFACTURING USE ALSO LOCATED ON
THE LOT.
OWNER/APPLICANT: ANTONIO RODRIGUES
LOCATION: 358 NORTH BROADWAY
TAX DESIGNATION: SECTION 17, BLOCK 21, LOTS 15 - 37
ZONING: C-l HIGHWAY COMMERCIAL

n

�16:03

FFOn:FF CLARK H550CIRTE5

5143676613

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RESOLUTION
Adopted at the February IS, 1996 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTION:

SITE PLAN APPROVAL FOR DEVELOPMENT OF A 12,000
SQUARE-FOOT RETAIL AND OFFICE BUILDING.
PROPOSED: CONSTRUCTION OF A TWO-STORY RETATL
AND OFFICE BUILDING TOTALING 12,000 SQUARE FEET,
REMOVAL OF EXISTING DELICATESSEN AND MOTOR
VEHICLE REPAIR BUILDING, AND CONTINUATION OF THE
EXISTING 6,800 SQUARE FOOT MANUFACTURING USE ALSO
LOCATED ON THE LOT.
OWNER/APPUCANT: ANTONIO RODRIGUES
LOCATION: 358 NORTH BROADWAY
TAX DESIGNATION: SECTION 17, BLOCK 21, LOTS 15 - 37
ZONING: C-l HIGHWAY COMMERCIAL

WHEREAS, the Planning Board of the Village of North Tarrytown has reviewed an
application for site plan approval (the Application) pursuant to Article VII of the Zoning
Code of the Village of North Tarrytown for the construction of a two-story retail and office
building totaling 12,000 square feet, removal of an existing delicatessen and motor vehicle
repair building and continuation of the existing 6,800 square foot manufacturing use also
located on the lot; and
WHEREAS, as part of its review, the Planning Board has reviewed numerous
documents, statements and plans, including the following:
1.

Topographic map prepared for Antonio and Linda Rodrigues situate Village of No.
Tarrytown Town of Mt. Pleasant Westchester Co., New York," prepared by John H.
Muldoon, dated April 5,1993, last revised February 5, 1995.

2.

"Site Plan" fox Philipse Plaza, prepared by Contadino Architects, AIA, and last
revised February 4,1996.

3.

"Site Grading Plan" for Philipse Plaza, prepared by Contadino Architects, AIA, and
last revised February 4, 1996.

4.

"Deli Operation Plan" for Philipse Plaza, prepared by Contadino Architects, AIA, and
last revised May 8, 1995.

5.

"View Analysis" for Philipse Plaza, prepared by Contadino Architects, AIA, and as
last revised May 8,1995.

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6.

"Floor Plan" for Philips* Plaza, prepared by Contadino Architects, AIA, and as last
revised May 8, 1995.

7.

"Building Elevations" for Philipse Plaza, prepared by Contadino Architects, AIA, and
last revised May $, 1995.

8.

"Retaining Walls plan" for Pbflipse Plaza, prepared by Bruno Leitenberger, P.E.,
State of New York license No. 053849, and dated August 199S.

9.

"Drainage Layout Plan, Philipse PUoa Village of North Tarrytown Town of Mt
Pleasant Westchester County, New York", prepared by Donald A. Benrie, PJL, Stale
of New York License No. 062787-1, of Tectonic Engineering Consultants, P.C and
as last revised December 27, 1995.

10.

Detail sheet "Philipse Plaza Village of North Tarrytown Town of Mt Pleasant
Westchester County. New York", prepared by Donald A. Benvte, PJL, State of New
York License N o , 062787-1, of Tectonic Engineering Consultants, P.C and dated
October 20, 1995,

11.

"Planting Plan" for Philipse Plaza, prepared by Studer Design Associates, and as last
revised December 8, 1995.

12.

"Cross Sections" for Philipse Plaza, prepared by Studer Design Associates, and dated
November 28, 1995.

13.

A full Environmental Assessment Form (EAF).

WHEREAS, on July 19, 1995 the Zoning Board of Appeals granted all area
variances, including those for required number of parking and loading spaces, buffer strip
and rear yard setback, which that Board determined were necessary for the application.
WHEREAS, a duly advertised public hearing was held at the Village Hall on July
21,1994, which hearing was continued and closed on February 15,1996, at which time all
those wishing to be heard were given the opportunity to be beard; and
WHEREAS, the site has been visited by the Village's planning and engmeering
consultants and the Planning Board is thoroughly familiar with the site and all aspects of the
proposed project; and
WHEREAS, in the course of its review and acting as Lead Agency pursuant to Part
617 of the implementing regulations pertaining to Article 8 of the Environmental
Conservation Law, the Planning Board has made the following findings and caused, noted
or conducted the following activities:

2

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1.

Received an application fee;

2.

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

3.

Requested, received and considered comments from the Village planning and
engineering consultants and the Building Inspector about the proposed project;

4.

Requested* received and reviewed a full Environmental Assessment Form (EAF) in
compliance with the New York State Environmental Quality Review Act (SEORA);

5.

After review of the field conditions, public comments, recommendations and
environmental assessment form as well as other matters noted above, has determined
that the proposed action is a Type I action and issued a "Negative Declaration,"
dated February 15, 1996, in which the Planning Board stated its determination of
non-significance of environmental impact for this Type I action; and

WHEREAS, in accordance with a condition of the resolution for site plan approval
for the application known as "Antonio Cabinetry," and located on the same lot as said site
plan application, traffic circulation has been revised and coordinated;
NOW, THEREFORE, BE IT RESOLVED, that said site plan application and plan
noted above as amended herein be and hereby are granted site plan approval and that the
Applicant may obtain the endorsed approval of the Planning Board Chairman or, as an
alternate, the Village Administrator, on a copy of this site plan resolution and upon the final
mylar copy of the site plan drawing revised as necessary to show compliance with the
following conditions, which endorsement shall permit filing in the offices of the Village
Building Department for purposes of obtaining a building permit in accordance with this
resolution and all building code requirements, provided, however, that this approval shall
expire twelve (12) months from the date of this resolution if the following modifications and
conditions have not been completed to the satisfaction of the Planning Board and/or the
Applicant has not obtained a building permit:
1.

FteS - The Applicant shall pay to the Village of North Tarrytown:
1.1

An inspection fee for construction inspection of the property for compliance
with the approved site plan in accordance with the Village of North
Tarrytown Zoning Code.

1.2

Payment of all remaining application review costs as noted and required in
Section 62-30(f) of the Village Zoning Code, as approved by the Village
Attorney.

1.3

A recreation fee of $
Board of Trustees.

, subject to the approval of the Village

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Revision of the above noted site plan to demonstrate the following:
2.1

A signature block shall be added to the site plan for the signature of the
Planning Board Chairman or, as an alternate, Village Administrator.

22

The final alignment of the retaining wall and the configuration of parking
stalls within the immediate vicinity of the retaining wall.

3.

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

4.

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

5.

The Planning Board reserves the right to make a final field inspection of the project
after construction of the facilities, upon notice of the Building Inspector, and before
the issuance of a Certificate of Occupancy. The purpose of this final inspection is
to review the development and to require any modifications to on-site parking,
drainage, access, paving and other site plan details, which do not comply with the
approved plan in the interest of safety, convenience, aesthetics and the enjoyment
and peace and quiet of adjacent neighbors; and

A&gt;

BE IT FURTHER RESOLVED, that approval of said site plan application and plans
noted above be and hereby amends the site plan for the application known as "Antonio
Cabinetry." originally approved by the Planning Board of the Village of North Tarrytown on
February 20,1992.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

By
George F. Hritz, Chairman
Village of North Tarrytown Planning Board
J

500\ftoU5^D5j*m.cv

4

Date

�J

SEQR
ErMronmental QuaBy Review
NEGATIVE DECLARATION
of DotomsnaSjon of I
Project Number_

Dole

March «. 1—6

This notkx to issued pursuant to Part 617 of tto i ^ ^
Environmental Quatty Review Act) of the Environmental Conaervanun Law.
The VWaoa of North Ti
action
described below wft not have a
be prepared.

HI lead agency, has determined that the proposed
on the envfronmws; and a Draft Environmental Impact Statement wM not

Name of Action: 40 Kendal Avenue SuhdMeion

SEQR Status: Type I
Unlisted

X

Conditioned Negative Declaration:

Yes

_JLNo
Description of Action:
The applicant is proposing to subdivid* an existing 3,629 square foot lot supporting twofreestandingresidential
structures into two individual lots, wfth each lot supporting one of the existingfreestandingresidential structures.
The application wW require several variances from Hie Zoning Board of Appeals, however, pursuant to the
provisions of Part 617.5 of the State Environmental Quafty Review Act (SEORA), the gnvmng of area, setback and
lot line variances for single lamay reaidances ant Type • Actions and are not subject to environmental review.

Location:

(Include street address and the name of the rnuricyafty/counry A location map of appropriate scale is also
recommended.)
40 Kendall Avenue, VMage of North Tarrytown, W&lt;

County, New York.

�3EQR. Negative Declaration

Page 2

Supporting This Determination:
617.7(c) for requirements of this determination; see 617.7(d) for ConrJMoned Negative Declaration)
Tilt proposed action wM not cause • significant adverse impact on land, ground or surface water quaWy or
quantity, drainage) patterns, air quality, plants and animals, agricultural land resources, sssmsttc resources,
historic and archaioologlcal resources), open specs snd recreation, traffic and transportation systems, soM
production, energy, pubec hcolth, growth and character of the communlly, cause contact wMi communtty pJans
or goals, or cause) significant adverse noise and odor.

If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed.

For Further Information:
Contact Person:

Unds David, Village Administrator

Address:

Village Hall, 28 Beekman Avenue
North Tarrytown, New York 10591

Telephone Number:

914-631-1440

For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to:
Chief executive officer of the political subdivision in which the action wfll be principally located.
Lead Agency
AH Involved Agencies (if any)
Applicant (if any)

500\not6-006.cKm

�1^

Approved with Vespect to substance and form:

Village
Attorney
g&amp; Atstorney
Dated

U\

Approved-toy t h e Planning,

Chairman or\ A c t i n g Chairman
DateUi.
J
) 4 u ^ W v |^&gt;

F i l e d w i t h V i l l a g e Clerk

Clerlfl or-JDeputy
iputy Clerk

Dated: c/i£/^C*

HJ21A

Date of Meeting

if

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