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PLANNING BOARD
May 20, 1999
Present:
Nicholas Robinson, Chair
Nicholas Cicchetti
David Perlmutter
Betsy Sawyer Gaylin
Ed Napoleon
Benito Martinez

Absent:
Edward McCarthy
James Margotta,
Building Inspector

Also Present:
Robert Ponzini, Esq.
Village Counsel
David B. Schiff
Mark DeGennaro

Before the meeting was called to order, a statement was made by Mayor Zegarelli
regarding the rezoning of the: former L. Rockefeller property adjacent to Tarrytown. The Mayor
announced the formation of a joint committee between the two villages including both mayors,
the chairpersons of the respective Zoning Boards, Planning Boards, the Superintendent of
Schools and selected citizens to discuss the planning; of the various properties in the two villages
that are under consideration for development. The Mayor stated that the committee will have no
official standing and will act as and advisory committee to the various legislative bodies in the
two Villages.
For the record, the members of the Planning Board were sworn in by the Mayor.
The meeting was called to order, and the Agenda for the meeting was adopted.
1.

Historic Hudson Valley dredging of the mill pond at Phillipsburg Manor.

The Board received a letter from the State of New York giving no objection to the
Village Planning Board proceeding as lead agency for the project. ITie County of Westchester
also indicated that there are no County concerns and leaves the Village as lead agency.
This has been declared a Type 1 action under seqra.
David Perlmutter mvoed that the Planning Board be declared lead agency, seconded by
Nicholas Cicchetti. The motion passed unanimously.

Planning Board Minutes
May 20, 1999

�2

A statement was made by applicant that they have addressed each letter and issue as it
has presented itself, and they are in the process of responding to a letter from Parks and
Recreation and their concerns.
David Schiff stated that this is considered a Type 1 action as this property is considered a
critical environmental area. This does not necessarily mean that a foil EPA statement is
required.
The documentation previously submitted must be evaluated, given the types of impact
and no negative public comments, the letters received from other agencies and a letter from the
DEC of April 26, they have no objection to the preparation of a negative declaration statement.
Discussion ensued as to the preparation of one comprehensive application including
the environmental assessment form relative to potential impacts and all environmental reports
and some of the concerns listed by the parks department and DEC.
These documents then will be submitted once again to the Board for further comments,
or going through the strict process of preparing a full EAF, public comments, etc. Upon receipt
of the completed application and review of same by the Board, a negative declaration or
conditional negative declaration may be made depending on the review of that documentation.
The Chair advised the applicant that, under SEQRA, they need a packet of the proposal,
the reports they have received, the long form EAF, and a report from a qualified biologist as to
the impact on the marine life, along with enough supporting materials that there are no negative
impacts, including any archaelogical impacts, and an indication that they are in the process of
getting all the necessary permits. If it's ready for June, the Board can hear it at that time.
There was a concensus of the Board to receive the environmental documentation.
The public hearing was adjourned to next month.
2.

JCI Apartments - Clinton St. and Beekman Ave.

The public hearing was declared open. Notices were sent out and return receipts
collected and filed with the Building Inspector.
Sam Viera, architect, stated that no engineer reports have been submitted yet, and some
members of the Board had previously requested a site plan.
Presentation of the site plan was made by Mr. Viera. In particular, the issue of handicap
accessibility was addressed, with the discussion focusing on the use of a ramp or a lift to service
the two units designed for handicap accessibility. Mr. Viera requested the Board's opinion on
ramp vs. lift.

Planning Board Minutes
May 20, 1999

�3

Mr. Cicchetti asked about the code regarding elevators. Mr. Viera said he would check
into code requirements for the lift, from a six family housing project vs. a large commercial
building. Handicap adaptability is also a consideration with all electrical and hydrolic systems in
place until such time as a resident would require a lift be installed.
A rendering of plan with lift was requested which Mr. Viera will supply at the next
public hearing, along with the engineering reports.
Mr. Viera will prepare an elevation drawing with the lift and will continue the
engineering process for next month.
Mr. Viera was requested to bring the return receipt cards for the next public hearing.
Mr. Perlmutter moved the declare the Planning Board as lead agency on this project,
seconded by Betsy Sawyer Gaylin. The motion passed unanimously.
The public hearing was adjourned until June.

3.

Re-zoning of Wilson Park Property.

David Schiff reported on this issue. The Board of Trustees is proposing a rezoning of
this area from R-3 to R-l, which would be considered a Type 1 action as part of the property
abuts the Tarrytown Lakes area. A full EAF must be prepared. The Village Board is requesting
that the Planning Board provide them with their recommendations under Section 62-25(B)(3) of
the Zoning Code, which recommendations are required by June 15, 1999.
By rezoning this will reduce the density to approximately 9 lots. We believe that title to
the property has already transferred.
Discussion ensued.
1.

This would be a density similar to Tarrytown's zoning for that area.

2.

Less density will ameliorate the potential traffic problems.

3.

The slope in this area does not lend itself to a greater density.

4.

The school district's property adjacent should also be rezoned to R-l

5.

Give rationale for one side of Bedford Road to be zoned R-3 and the other side
R-l.
Municipal consistency; steep slope making development of a lesser density more
desirable; the traffic is already heavy; protecting the area; less density; and
Planning Board Minutes
May 20, 1999

�4

recommend that the Board consider rezoning the parcels owned by the School
Board. This is also the area of the watershed for Andre Brook - less density will
cause less of a negative impact on the Andre Brook.
A motion was made by Ed Napoleon, seconded by Ms. Gaylin for a resolution to have
Mr. Schiff draw up the recommendations for presentation to the Village Board recommending
the rezoning of the Wilson Park property from R-3 to R-l. The motion passed unanimously.

Mr. Napoleon then brought up the issue of curbing at the Rodrigues building on Route 9,
and that the Board had requested that granite curbing be used, and not just concrete. It was
decided that an inquiry would be made not just by the Building Inspector, but by another
inspector as well.

The following corrections were made to the March minutes:
Also present: David Schiff
Page 2, #3, second paragraph. The initial approval of the plan was made in 1998.
Page 3, second paragraph, Richard Weiss.
Last page, the applicant is Historic Hudson Valley; SEQRA misspelled.
Regarding the Nextel tower application, Mr. Perlmutter had stated to the
applicant that the Planning Board would not look favorably upon the applicant
returning in the future with another lawyer and another applicaiton for another
tower. If any further towers are to be installed, the support building will added to
the existing building or put underground.
Mr. Perlmutter made a motion, seconded by Mr. Napoleon, to approve the March
minutes as revised. The motion passed unanimously.
A work session for the waterfront planning has been scheduled for June.
Mr. Napoleon made a. motion, seconded by Benito Martinez, to adjourn the meeting. The
motion passed unanimously.

Planning Board Minutes
May 20, 1999

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