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REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
October 19,1995

A regular meeting of the North Tarrytown Planning Board was held on October 19,1995
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
Nick Cicchetti

ABSENT:

David Perlmutter

ALSO PRESENT:

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

Chairman Hritz called the meeting to order at 8:10 p.m.
Chairman Hritz welcomed Mr. Nick Cicchetti to the Planning Board.
1. ALBERT PECK - 38-40 Kendall Avenue
Chairman Hritz went over a letter for the record from Mr. Peck's surveyor regarding his
two houses on 38-40 Kendall Avenue. His surveyor had researched the tax maps and
wrote a letter stating that they believed that the two houses were on two lots. The Village
records show them as a single lot even though the Westchester County records show them
as two lots.
Mr. Peck commented that Mr. Margotta said that he had to file for a sub-division because
the two houses were on one lot. His surveyor said that the Westchester County maps
showed them as two lots. He submitted a map dated 1897.
Chairman Hritz asked him if he had made a title search.
Mr. Peck answered yes.
Ms. Gandolfo commented that it was just a description of the property.
Discussion on the title followed.

�Ms. Gandolfo explained that his property descriptions were on lot 17 on the County Title
search and we had lots 9 &amp; 10 on the Village maps. His map dated back to 1897. We
didn't know if there had been any intervening changes.
Mr. Margotta said that Mr. Peck had a title search done on his own.
Discussion on whether Mr. Peck's documents proved that lots 9 &amp; 10 in the County's
maps were the same as lot 17 on the Village maps.
Chairman asked Ms. Gandolfo if she believed that a full title search would answer this
question.
Ms. Gandolfo answered that she thought it would if they traced back the parcel.
Chairman Hritz told Mr. Peck that if he got a title search done now and asked them to get
the kind of search that can be updated by his purchaser maybe he will be able to negotiate
and get credit on the sale for what they have saved on the fact that he had done the title
search and all they have to do is an update.
Mr. Margotta recommended that he go through a title search.
Discussion on the Title search continued.
Ms. Gandolfo told Mr. Peck that he could adjourn to next meeting and if it was two
parcels then the Board could take it off the agenda.
Mr. Caetano made a motion to adjourn the matter until next meeting.
Mr. Cicchetti seconded.
Motion carried unanimously.
2. CHESTNUT RIDGE - Continuation
Mr. Ron Turnquist, the Architect came forward and introduced Mr. Rodrigues, the owner,
Mr. Michael Sterlacci, Engineer and Mr. Hugh Campbell, manufacturer of the brick wall
(retaining wall). Mr. Turnquist, by referring to the model and the blueprints explained the
retaining wall. He also went over Susan Portman's July comments.
Mr. Sterlacci commented that since the building on Chestnut Street had a low carpet a
pump would be needed to get the sewers from that apartment up to Chestnut Street. So
instead of doing that they could go by gravity by putting a 6" front line to the sewer on
Depeyster Street through the parking lot and service the building that way.
Mr. DiGennaro said that he didn't have the originals for the storm drainage and asked if it
had changed. He commented that numerous drawings had been submitted. He expressed
his concerns on the man-holes on the street.

-2-

�Mr. Sterlacci stated that both buildings were tied up to the sanitary on Depeyster Street.
Mr. DiGennaro asked Mr. Margotta if they had to coordinate with the Fire Department.
Mr. Margotta answered that if they were going to put fire sprinklers in that it was a
requirement.
Chairman Hritz stated that this project had been on the calendar a long time and the delay
was the applicant's own fault. The Board had always been present and they had shown
up, but the applicant did not. Their latest submission was made 3 business days before
the meeting despite the requirements that they be submitted more than that in advance to
give the Board sufficient time to look at them. This was not conducive to speedy
approval. "If you can get the people who work with you, Mr. Rodrigues, to get their acts
together to get the materials in to us in sufficient time for us to do our job, we can get it
done on time. If everything is thrown at us at the last possible minute, its in violation of
the rules".
Mr. Turnquist commented that the procedures in the past were to file for Building permit
and provide all the calculations for the sanitary, water and septic to the Building Inspector
at that time. They had prepare those for the Board and normally it was not done.
Mr. DiGennaro answered that normally, you have a standard for a one family house. You
figure per capita volume in a household. This was a multi-family use.
Mr. Turnquist stated that Mr. Rodrigues had done other projects, be it one family or two
family and had not made any presentation to the Planning Board on these items.
Mr. Margotta commented that if Mr. DiGennaro wanted the information, he should get
the information.
Mr. Hugh Campbell explained the retaining wall. He stated that he had built this kind of
wall everywhere, in the Hudson Valley, Nyack, Consumer University Inst, in Yonkers.
Mr. DiGennaro asked him where he was proposing to put the wall.
Mr. Campbell, by referring to the model showed where the retaining wall was going to be
built
Mr. DiGennaro said that he would like to see a complete set of drawing re-submitted on
one sheet.
Mr. Turnquist explained why there are so many different drawings.

-3-

�Mr. Caetano said that if DiGennaro was an Engineer and he knew what he was doing he
should be able to take one drawing from the other and put it together as a whole. There
has been money spent on this project at the cost of Mr. Rodrigues. Mr. Rodrigues has
been doing a lot of building in this community and he did not see why Mr. Rodrigues had
to re-submit drawings and he didn't think for one minute that it was fair.
Mr. DiGennaro commented that it took time to look through all the drawings. He said
that time was money and his point was to protect the interests of the Village.
Chairman Hritz asked Mr. Margotta if he needed a new set of drawings.
Mr. Margotta said he needed one complete set of drawings.
Discussion on the drawings followed.
Mr. Cicchetti asked if what was already submitted was acceptable.
Mr. Margotta asked Mr. DiGennaro if he had enough information on the retaining wall.
Mr. DiGennaro answered that Wall A appeared to be satisfactory. He hesitated to
approve Wall B. He hadn't had enough time to look at it. He needed another week.
Ms. Gandolfo commented that before they started on any walls, we had to have a final set
of drawings so that they could get approved. We can't be bouncing back and forth. We
will not be able to clearly state exactly what this Board has approved without one
complete set of drawings. So you really need to get the Board a final set of drawings.
Discussion as to whether to re-draw or accept the drawings as submitted followed.
Mr. Cicchetti commented that the issue was to have something that would reflect
everything that was going on. For example, right now we were asking for them to be able
to go ahead with the wall. He needs 3 days to check out the wall. If Mr. Margotta gives
the O.K., he could start on the wall. We are not holding up anybody. As far as having
something for the record he agreed with Ms. Gandolfo.
Mr. Margotta stated that too many changes had been made. The final changes should be
on one drawing. A request was made for them to get started.
Mr. Cicchetti said if the wall can be approved and the construction could get started on
that, could it be so worded that part be subject to approval.
Ms. Gandolfo said that it was O.K. as long as the Engineers signed the approval. Just the
wall part. As long as we have an approval in writing for the retaining wall, the applicant
could start

�Mr. Cicchetti made a motion to close the Public Hearing.
Mr. McCarthy seconded.
Public Hearing closed.
Ms. Becker made a motion to make a Negative Declaration for SEQR, that this will not
have a sufficient negative impact on the environment.
Mr. McCarthy seconded.
Motion carried unanimously.
Mr. Cicchetti made a motion that the drawings be revised as recommended by the
Building Inspector, Planning Board and the Engineer and our Counsel.
The Resolution being that a single set of corrected drawings to reflect the proposed
project.
Ms. Becker seconded.
Mr. Caetano substained
Motion carried.

Mr. McCarthy moved to approve the minutes of June 15, 1995 as submitted.
Ms. Becker seconded.
Motion carried unanimously.
Mr. McCarthy moved to approve the minutes of August 17, 1995 as submitted.
Ms. Becker seconded.
Motion carried unanimously.
There being no further business, the meeting was adjourned.

Respectfully submitted,

CARMEN G MARIANO
Recording Secretary

Next Planning Board meeting is on December 21, 1995

y

�I
*

'' x /
f

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

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

Michael A. Galante
Joanne P. Meder, AICP
Jim Donovan, RLA. ASLA

MEMORANDUM
To:

Village of North Tarrytown Planning Board

Date:

October 19, 1995

Subject:

Review of Chestnut Ridge/Hillside Court Site Plan

Plan:

"Part Site Plan," sheet SD3
Architects, dated 10/3/95.

prepared

by

Turnquist

1.

Project Description: Two 3-story buildings containing a total
of 18 dwelling units (32 bedrooms).

2.

Plan Revisions:
The width and slope of the retaining walls have been
changed.
Handicap parking spaces of the appropriate size have been
provided.
Compact parking now includes parking spaces #9 to 11 and
#27 to 31.
Aisle width was reduced from approximately 22 feet to
approximately 21 feet.
Sitting areas A and C have been modified due to changes
to the retaining walls.
The parking area under the Hillside Court building does
not appear to have been altered.
Outstanding Comments from 7/13/95 Memo:
Clearance height for the parking garage off of Depeyster
Street is only proposed to be 6 feet 8 inches and the
State Code requires a minimum of 9 feet 6 inches for
access to handicap parking spaces.
The curb radius for the driveway onto Depeyster Street
should be increased.

Connecticut • (203) 255-3100

FAX • (914) 967-6615

Long Island • (516) 364-4544

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

A shade tree should be added to the parking island
between spaces #20 and 21.
Item E on the planting schedule, Pink Flowering Dogwood,
should be changed. The surrounding pavement will make
the area too hot for that species. Honey locust or other
similar species may be substituted.
4.

Environmental Review: The Planning Board is the Lead Agency.
The Board may either ask for additional information or make a
determination
of
significance
(negative
or
positive
declaration).
Susan J. Portman, AICP, Associate/Planning

cc:

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

500\not5-007.sjp:aj

2

r

�^ "

SEQR
**

*

617.21
Appendix F
State Environmental Quality Review

NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Project Number

Date: October 19, 1995

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) off the Environmental Conservation Law.
The VHIage off North Tarrytown Planning Board, as lead agency, has determined that the proposed action
described below will not have a significant effect on the environment and a Draft Environmental Impact Statement
will not be prepared.
Name of Action: Chestnut Ridge / Hillside Court Site Plan

SEQR Status: Type I

X

Unlisted
Conditioned Negative Declaration:

Yes
X No

Description of Action:
Removal of two existing dwellings and construction of two new buildings on two combined lots. One building will be
three stories and contain 12 dwelling units and an office. The other building will be three stories and contain 6 dwelling
units. Parking will be provided at grade and under the buildings. The application also required several variances from
the Zoning Board of Appeals.

Location:

(Include street address and the name of the municipality/county. A location map of appropriate scale is
also recommended.)

76 Chestnut Street and 83 Depeyster Street, North Tarrytown, Westchester County, New York

�SEQR Negative Declaration

Page 2

Reasons Supporting This Determination:
(See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration)

The proposed action wHI not cause a significant adverse impact on land, ground or surface water quality or quantity,
drainage patterns, air quality, plants and animals, agricultural land resources, aesthetic resources, historic and
archaeological resources, open space and recreation, traffic and transportation systems, solid waste production, energy,
public health, growth and character of the community, cause conflict with community plans or goals, or cause significant
adverse noise and odor. The proposed landscaping will mitigate any potential aesthetic impacts of the proposed
retaining walls.

If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed.
For Further Information:

Contact Person:

Linda 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:
Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001
Region 3, Department of Environmental Conservation, 21 South Putt Corners Road, New Paltz, New York 12561
Mayor Sean Treacy, Village Hall, 28 Beekman Avenue, North Tarrytown, New York 10591
Village of North Tarrytown Planning Board
Village of North Tarrytown Zoning Board of Appeals, Village Hall, 28 Beekman Avenue, North Tarrytown, New York
10591
Westchester County Department of Health, 19 Bradhurst Avenue, Hawthorne, New York 10532
Ronald Turnquist
Business Environmental Publications, Inc.. 6 Sevilla Drive, Clifton Park, New York 12065-5031 (Separate form was sent
which is used for the purpose of publication of negative declaration.]

�~

October 19,1995
FORM FOR TOE PUBLICATION OF NOTICE OF:
POSITIVE DECLARATION,
SCOPING SESSION,
NEGATIVE DECLARATION.
Scoping session can be combined with Positive Declaration.
Negative Declaration may be Conditioned. Draft or Rnat Please indicate which of these, i aooicabte.

PLEASE READ AND FOLLOW GENERAL INSTRUCTIONS. FAILURE TO DO SO WILL
RESULT IN DELAY OF NOTICE PUBLICATION.
Items Received By Mail By Close Of Business Wednesday Or By Fax By 11-39 PM. Wednesday WW be
Published In The Following Weeks Issue Qf The ENB. There WM Be No Exceptions To These Deadlines.

Type of Notice:

Negative Declaration

Project Title:

Chestnut Ridge / Hillside Court Site Plan

Project Address:

76 Chestnut Street and 83 Depeyster Street. North Tarrytown, Westchester
County

Lead Agency:

Village of North Tarrytown Planning Board

Address:

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

Project Description:

The action involves the removal of two existing oweings and construction of two
new buildings on two combined lots. One buiolng w * be three stories and
contain 12 dwelling units and an office. The other buiolng wfl be three stories
and contain 6 dwelling units. Parking w * be provided at grade and under the
buildings. The application also required several variances from the Zoning
Board of Appeals.

Contact Person:

Linda David, Village Administrator

Address:

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

Phone Number:

(914) 631-1440

For Conditioned Negative Declaration, indicate the following:
Conditions: NA
Final Date of Comment Period (minimum 30 days): NA
For Draft Negative Declaration, indicate the following:
Final Date of Public Comment Period: NA
For Scoping Session, indicate the following:
Location(s) where Draft Scope is available for review: NA
Final Date for Receipt of Written Comments: NA
Scoping Meeting information (if scheduled): NA
Date and Time: NA
Location: NA
500\not5-029 sjp

•

�19 September 1995

To-. Planning Board
hrom: James MargottaA ^ v /

Due to a lack ot agenda items, there will be no Planning
Board meeting on September 21, 1995.

�«

Approved with respect to substance and form:

ViltL&amp;ge Attorney

DatK:

4i}r

Approved by the Planning

Cha
Dated:

Acting Chairman (

Filed with Village Clerk

Q^

Glcrk «r Deputy Clerk
Dated: / i / ^ - / ? J ^

Date of

^xT
/?J?K
fleeting

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