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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

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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

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PAGE:03

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

3

�OCT-03 97 16:05

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2.

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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

^—-

WI^.I^M^lpi

—T

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