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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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