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                  <text>PLANNING BOARD MEETING
February 17,2000

**&amp;£

The meeting was called to order by Nicholas Robinson, Chair at 8:00 p.m.
Present:

Nicholas Robinson
David Perlmutter
George Tanner
Edward McCarthy
Edward Napoleon

Absent:

Nicholas Cicchetti

Also Present: Don Pennella (Village Engineer)
James Margotta (Building Inspector)
Ed Lammers (Village Attorney)
David Smith (Village Planner)
Anthony DelVecchio (Stenographer)

Agenda:
a) County House Road

Public Hearing

Announcements: The agenda will be revised to reflect the following items:
Revised Agenda:
a)
b)
c)
d)
e)

Philipsburg Manor.
Omnipoint
County House Road Public Hearing
Village Historian
Minutes from last meeting

George Tanner made a motion to accept the revised agenda. Ed Napoleon seconded.
It was unanimous.
a) Philipsburg Manor The Chair stated that the Board was ready to circulate the revised EAF documents to the
interested agencies. The Board feels that they will approve these documents based on
previous meetings with them. At the next meeting, the Board will approve the site plan
and adopt a conditional negative declaration. The Board will decide based on the
applicant obtaining all permits necessary.

�2

David Perlmutter made a motion to recommend that the amendments of the expanded
revised EAF should be circulated to the interested agencies. Ed Napoleon seconded.
hi Omnipoint The Chair stated that the Board has circulated a notice of intent to declare itself lead agency.
The Chair also stated that the Board has prepared a resolution based on what was previously
noticed. The Chair read the resolution aloud.
Jason Seaburt is the attorney representing Omnipoint. He stated that based on the comments
from the December meeting, they have revised the application. The significant difference in
the revised application is that the ground equipment at the monopole has been reconfigured
and is now within the base of the monopole. The prior application sought a platform of
8x12. The current application indicates a platform of 8x10. No tree removal is needed.
Jason Seaburt stated that the RF consultant, planning consultant, and project engineer are
present to answer any questions that the Board has.
The Chair stated that if no other municipality wanted to be lead agency then the Planning
Board would proceed with the determination that they are the lead agency. The Board would
then determine if the submissions satisfy the environmental concerns of the community and
the Planning Board. If the submissions are not satisfactory, the Board will evaluate the
submissions to a full Environmental Impact Assessment.
Jason Seaburt stated that since the new structure will be higher than the current one, a referral
to the Zoning Board of Appeals will be needed for an area variance.
The Chair stated that the Planning Board will exhaust its jurisdiction before it makes the
referral.
Jason Seaburt stated that there is a visual EAF that accompanied the application package.
They are prepared to conduct a balloon test so that the Board can see what this application
entails and the Board can issue a Public Notice for the community to comment.
The Chair stated that it would only address the matter that is in front of it tonight.
George Tanner made a motion to adopt the notion of intent to become a lead agency. Ed
McCarthy seconded. It was unanimous.
The Chair stated that the Board has already indicated to Omnipoint that they were interested
in how they would intend to make this monopole aesthetically pleasing similar to the towers
on the Garden State Parkway. Omnipoint has failed to do this to date.

Planning Board Meeting, February 17, 2000

�c) County House Road Public Hearing The Chair gave a brief description of the area under discussion.
Dave Smith prepared a review memo based on the expanded EAF. It noted the following
comments:
1) Cluster subdivision - asking the applicant to consider including some
additional buffer area on Bedford Road.
2) Drainage - asking the applicant to consider a sump system along the cul-desac.
3) DPW Chief has raised the issue about accessing the storm water detention
area. The letter asks the applicant to consider how that can be accomplished.
Don Penella stated that they recommend expanding the entrances to lots 9, 10, and 11
from 16'.
The applicant stated that the DOT standard is 16' for four or fewer lots.
The Planning Board for Westchester County has submitted their comments.
1) Reducing the diameter of the cul-de-sac to reduce the amount of site
disturbance.
2) Storm water treatment is not included for the new road off of Bedford Road.
The Chair stated that the Village Board would accept the dedication of the road as a
village aiad. The Village Board also agreed to the proposal of setting up a fund to pay
for the retention basin maintenance.
Geraldine rorimello spoke first for the applicant. She briefly discussed the methods that
the applicant has taken to date and briefly discussed what they would be presenting to the
public tonight.
Bruce Lozito went through a general history of the project for the public. It included
discussions on curb cuts, utilities, lot sizes, storm water management, etc.
Jim Margotta inquired about the plantings around the house. How much was the
applicant going to do and how much was the homeowner expected to do.
The applicant stated that they have not determined that yet. The landscape buffer
easement will be specified.
George fanner asked if the storm water runoff on Bedford Road would disturb the
natural topography.
The applicant slated that they would probably put a drain line under the driveways.

Planning Board Meeting, February 17, 2000

�4
George Tanner stated that it would be easier to include this now.
The applicant stated that they would revise it.
The Chair opened the public hearing.
Ken Kopelman (209 Wilson Park Drive, Tarrytown, NY) spoke. He stated that the
increased traffic that will result in the area would be a problem to the people in Wilson
Park. He also stated that the area is also very scenic and open. Residents of the area
enjoy the scenic views. He stated that this area should remain open.
The Chair stated that the Planning Board has re-zoned the property from 60 to 11 homes.
Lots are larger on this property than surrounding area. The Board required two things.
First was low density and the second was cluster zoning. The Village Board approved
this.
The Chair also stated that the Planning Board discussed many of the concerns raised
tonight in detail.
Leonard Cohen (10 River Terrace, Tarrytown, NY) spoke. He commented on the word
cluster and a cluster development.
The Chair responded that it was cluster zoning not a cluster development.
Dave Smith stated that the Planning Board could vary the standards.
Leonard Cohen inquired if the developer planned to sell the lots or build homes.
Tom Julius (applicant) stated that he was not sure.
Ken Kopelman (209 Wilson Park Drive, Tarrytown, NY) spoke again. He inquired what
was the involvement as members of the public.
The Chair stated that tonight is a public hearing on the subdivision of the property. The
Chair stated that the Planning Board is at the end of the reviews that will involve them.
Brian Kelly (182 Wilson Park Drive, Tarrytown, NY) spoke. He inquired if the Planning
Board ever considered not developing the site.
The Chair stated yes.
Brian Kelly also stated that this is only 175th of the overall property that this applicant
owns. He also stated that a survey was taken, and the results indicated preserving the
property.

Planning Board Meeting, February 17, 2000

�5
The Chair stated that the Planning Board has recommended to the Village Board to
change the lot size on the remaining property to 2- acres. The Chair also stated that they
have gone over many of these concerns in detail in the review process.
Brian Kelly inquired if there were other economically or attractive options. He also
stated that this is also only 1/5* of the total development.
The Chair stated that the Board has tried to anticipate the interests of the residents
concerning items like the drainage of the development.
Brian Kelly also stated that these houses would provide income to the another school
district.
The Chair stated that some options that are available are to have the Westchester Land
Trust buy the land from the developer. Another option is the Tarrytown can condemn the
land and make it a park.
Franchesca Spano (206 Wilson Park Drive, Tarrytown, NY) spoke. She inquired about a
rezoning of an area near Bedford Road and Fairfield.
David Smith responded that a public hearing took place on a proposed rezoning of an
area from R3 to Rl. Dave Smith indicated this on a map of the Village.
Franchesca Spano also inquired about Figure 21 on the Master Plan Study. Her concern
was the increased traffic through Wilson Park.
The Chair responded that the Board was looking at not having Figure 21 go forward but
to have a crescent to have the traffic move back onto County House Road.
Franchesca Spano also stated that 1 -2 acres are wooded land where deer roam would be
destroyed.
The applicant responded that about 1 acre will remain and that they will try to save as
much as possible.
Franchesca Spano also stated that every school bus that does not want to travel on Rt. 9
comes through Wilson Park. She stated that this is a serious concern.
The Chair agreed.
Franchesca Spano also stated that Tarrytown issued a letter in November concerning this
property. She inquired what impact did the letter have on the Boards decision making
process.
The Chair stated that the letter was helpful in re-zoning the area to 1-acre. It was also
helpful for integration and coordination between the two villages.

Planning Board Meeting, February 17, 2000

�Mr. Somurn (111 Cobb Lane, Sleepy Hollow, NY) spoke. He asked if the Board could
postpone approval until Tarrytown evaluates the environmental impact of the entire
development. He stated this impacts two communities and a decent study of the overall
environmental impact should be performed.
The Chair stated that they would consider the request.
Brian Kelly spoke again. He inquired if this land was on the open space list.
The applicant responded that they have looked into it and this piece of land has not come
up. The applicant stated that they would look into it.
The Chair stated that the answer would be found out for the next meeting.
The public hearing was closed.
The Chair asked if the applicant had anything to add.
The applicant stated that they had nothing to add.
The Chair stated that the Board will proceed to having the Resolution prepared on the site
plan approval and that the Board will consider the comments made this evening.
d) Village Historian The Chair stated that the ARB has the authority to act on historical property but they have
never acted on it. The Village Historian stated that it would make more sense for the
Planning Board to take on this specialized aspect. The Chair stated that the Planning
Board should meet with the ARB to discuss.
George Tanner stated that this was discussed at the last meeting.
The Chair agreed. The Chair also stated that the ARB changes what the Planning Board
does and it never comes back to the Planning Board. The Chair stated that a code change
is needed to resolve this problem.
The Chair stated that the Planning Board also needs to sit with the Waterfront
Revitalization Advisory Board. The Chair stated that the Board would invite the entire
ARB and the entire Waterfront Revitalization Advisory Board to the March 6,2000 work
session.
The Chair discussed a letter from the Sleepy Hollow Taxpayers Association. The letter
stated that the organization was concerned about the continuing development trend in the
neighborhood specifically the area on Fremont and Rt. 9. They claim that they had no
advanced notice on this development.

Planning Board Meeting, February 17, 2000

�7

The Chair stated that the advanced notice was provided and that there was ample
opportunity for input from the Village residents.
The Chair said that the Board would be willing to meet with the Sleepy Hollow Manor
Association to discuss at the Mayor's request.
e) Minutes from last meeting There were no changes in the minutes from January 2000 meeting.
David Perlmutter made a motion to approve. George Tanner seconded. It was
unanimous.
The Chair stated that there was a request from the Village of Tarrytown Conservation
Committee to have the Planning Board minutes forwarded to them.
There were no changes in the minutes from December 1999 meeting. Ed Napoleon made
a motion to approve. David Perlmutter seconded. It was unanimous.
f) Recreation fees Ed Lammers stated that a new fee schedule needed to be adopted by the Village Board.
He also stated that there was discussion of that a new recreation fee of $5000 at the last
meeting. Is this fee based on a lot or a dwelling unit? A criteria needs to be established.
The current code is for $ 1000/dwelling unit.
It was agreed that the fee would be based per unit.
George Tanner stated that County House Road would need to put up $3000 under the
current law.
Ed Lammers stated that there are other fees in the Planning Boards jurisdiction. These
fees need to be evaluated.
The Chair stated that a Waterfront Revitalization Development category needed to be
added.
An open discussion took place on this fee development.
The Chair inquired about the Planning Board fees of other neighboring villages
specifically for Briarcliff Manor.
Other Topics:
The Chair stated that a letter would be sent to Mr. Rodriguez inviting him to the next
meeting.

Planning Board Meeting, February 17, 2000

�8
An open discussion took place on the school bus road that runs through Tarrytown on die
County House Road development.
George Tanner made a motion to adjourn the meeting. Ed Napoleon seconded. It was
unanimously approved.
Adjourn to next meeting.

Planning Board Meeting, February 17, 2000

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